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HomeMy WebLinkAboutOrdinance 2002-09 ORDINANCE NO. 2002-09 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO PERSONNEL RULES AND REGULATIONS FOR THE CITY OF OCOEE; AMENDING ORDINANCE NUMBER 99-12 REGARDING PERSONAL HOLIDAYS, MOVING TRAFFIC VIOLATIONS, AND THE GRIEVANCE PROCEDURE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to amend the personnel policies and regulations for the administration of personnel matters within the City of Ocoee; and WHEREAS, the City Commission of the City of Ocoee believes that it is important to provide for the proper and equitable treatment of City employees. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Amendment to Section 8.02. Section 8.02 Eligibility for Holiday Pay of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number 99-12 and amended by Ordinance Number 2001-32 is hereby amended to read as follows (with additions double-underlined and deletions stricken): 006.236926.1 8.02 Eligibility for Holiday Pay C. Holiday Pay 1. Full-time non-exempt employees, except those on a 24/48 schedule in the Fire Department shall be eight (8) hours at their straight time hourly rate. 2. Part-time employees who are assigned a regular schedule of more than twenty (20) but less than forty (40) hours a week, shall receive four (4) hours at their regular hourly rate provided they meet the requirements of Section 8.02(B) above. These employees shall not be afforded the two (2) Personal Days (Floating Holidays). D. When a non-exempt employee who is not on a 24/48 hour schedule within the Fire Department works on a scheduled holiday, the employee shall receive holiday pay, if he/she meets the eligibility requirements, plus his/her regular pay for the hours worked. (Straight or overtime depending on whether the time worked is over forty (40) hours). E. When an employee is scheduled to work on a holiday but fails to do so, the employee will not receive holiday pay even if the employee is otherwise eligible for holiday pay. F. The intent of Personal Holidays is to allow the employee a non designated holiday for personal use. Personal Holidays should be scheduled as far in advance as possible, but not less than one (1) work day in advance unless the reason for the personal holiday was unknown and is an emergency. The City retains the right to schedule personal holidays to meet operational needs. G. Personal Holidays shall not be accrued or taken in hourly increments. Personal Holidavs mav not be used for purposes of sick leave. H. Personal Holidays must be used within the fiscal year. Employees failing to use their Personal Holidays will forfeit the holidays. 1. Employees must complete their initial one-year probationary period in order to qualify for the Personal Days (Floating Holidays). SECTION 3. Amendment to Section 13.17. Section 13 Miscellaneous Policies and Benefits of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS 006.236926.1 -2- as adopted by Ordinance Number 99-12 and amended by Ordinance Number 2001-32 is hereby amended to read as follows: 13.17 DUI, DWI and Moving Traffic Violations C. Moving Violations 006.236926.1 1. The official Florida State driving record of all employees under F.S. Section 322 shall be reviewed by the City from time to time. If, upon such review, an employee's record reveals stWefl ten or more points under F.S. Section 322.27 within the past three (3) years as a result of moving traffic violations, the employee shall be removed from his/her driving position. 2. Upon written application, the employee will be considered for placement in other non-driving vacancies in the City for which he/she is qualified; however, he/she shall be given no preferential treatment because he/she is a City employee. If the employee is not offered a non-driving job within thirty (30) days of his/her removal from the driving position, he/she shall be terminated. If the employee is offered and accepts a non- driving job within thirty (30) days, the employee's service record will remain unbroken. 3. An employee placed in a non-driving pOSItion or an ex-employee terminated pursuant to paragraph (2) above may not reapply for a driving job, unless and until upon periodic review of the driving records of all employees by the City, the employee's official Florida State driving record establishes that the employee does not have seven (7) ten (10) or more points as a result of moving traffic violations in the three (3) year period immediately prior to the City review of employee's record. Thereafter, those employees and ex-employees removed from driving jobs will be given no preference but if otherwise qualified will be considered along with all qualified applicants, and their past conviction of moving traffic violations will be considered along with job related factors. 4. An employee who is removed from a driving position on two different occasions as a result of the application of this Section, shall be permanently barred from a driving position with the City. 5. Employees who have never held a driving position with the City and applicants for employment who have seven (7) ten (10) or more points for moving violations at the time they apply for driving positions shall -3- not be considered. If such employees and applicants do not have stWefl +::A ten (10) or more points at the time of their application, their official Florida State driving record will be considered along with other job related factors. 6. Employees are obligated to inform the City of Drivers License suspensIOn or revocation for any reason. Employees whose job description requires a valid Driver's License are obligated to shall maintain a valid Florida Drivers License~, Failure failure to do so will result in disciplinary action. Employees in driving positions who have suspensions or revocation are considered unqualified for that position and may be reassigned to a non-driving position or terminated if no vacancy exists. SECTION 4. Amendment to Section 16.02.C. Section 16.02 Grievance Procedure of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number 99-12 is hereby amended to read as follows: 16.02 Grievance Procedure Step 3 - Hearing Committee C. Hearing Committee and Procedure Relating to the Hearing Committee 1. Selection of Hearing Committee The Hearing Committee will be composed of four (4) members and four (4) alternates elected in accordance with the following: A. The full-time employees and supervisors of each of the following four (4) areas shall elect members and alternates to the Hearing Committee as follows: Members Alternates Area 1. City Hall/Recreation Area 2. Fire/Police Area 3. Public Warks Area 4. Utilities Department 1 1 1 1 1 1 1 1 006.236926.1 -4- SECTION 5. B. Employees represented by a PERC certified bargaining agent shall not be eligible to vote on selection of Hearing Committee members or alternates. C. Members and alternates shall serve one (1) two (2) year terms but there shall be no limit on the number of terms they serve. Employees may serve on other Committees while serving on the Hearing Committee. D. The election shall be held during the first two (2) weeks of December of each year at a time set by the City Clerk. E. In the event a bargaining unit employee elects to process a grievance under this Section, the elected Hearing Committee member or alternate from the relating Area will be replaced by a bargaining unit employee selected by the certified bargaining agent from the department in which the grievant works unless the certified bargaining agent fails to notify the Director of Human Resources in writing within three (3) working days after the response of the Department Director in Step 2 of the name of the bargaining unit member selected to serve. 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 6. Conflicts. All ordinances and resolution, or parts of ordinances and resolutions, in conflict herewith are hereby repealed and rescinded. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 006.236926.1 -5- PASSED AND ADOPTED this I~ 1.bay of ~ A-ie W , 2002. (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS '!9 FORM ~ I LEGALITY this fi day of ~,2002. FOLEY !:NER fl ^ -II--J By: ftyJ [ rlc/~ City Attorney 006.236926.1 APPROVED: CITY OF OCOEE, FLORfA ,; ) J .-..,t/~ S. Scott Vandergrift, Mayor ADVERTISED March 7, 2002 READ FIRST TIME March 5, 2002 READ SECOND TIME AND ADOPTED f\A Irf!.C II I ~ ,2002 UNDER AGENDA ITEM NO. YI. B. q. -6- SECTION 8 HOLIDAYS 8.01 Davs Observed A. When a holiday falls on Saturday or Sunday, the Friday preceding or Monday following shall be designated a substitute holiday and observed as the official holiday. B. The observed holidays are: January I January - Third Monday May - Last Monday July 4 September - First Monday November - Fourth Thursday November - Fourth Friday December New Year's Day Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Before or After Christmas Day, as Determined by City Commission December 25 Christmas Day Two (2) Personal Days (Floating Holidays)/ One (1) Shift for Fire Department Section 7(k) Schedule Employees C. The City Manager will determine which departments or operations will be closed in observance of the holiday. 8.02 Eli2ibilitv for Holidav Pav A. All holidays earned must be taken as time off or paid on the same day that it is earned. B. An employee must be on an approved leave for or work the normal schedule of hours, on the regularly scheduled working day immediately prior to and immediately following a holiday, in order to qualify for the holiday time or pay. Absences not approved in advance, including sick call in's may not be approved depending on whether the employee's excuse and verification of the reason for the absence are acceptable to management, which, may at its option, require a doctor's excuse as well as any other evidence it deems necessary. C. Holiday Pay 1. Full-time non-exempt employees, except those on a 24/48 schedule in the Fire Department shall be eight (8) hours at their straight time hourly rate. Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 23 2. Part-time employees who are assigned a regular schedule of more than twenty (20) but less than forty (40) hours a week, shall receive four (4) hours at their regular hourly rate provided they meet the requirements of Section 8.02(B) above. These employees shall not be afforded the two (2) Personal Days (Floating Holidays). D. When a non-exempt employee who is not on a 24/48 hour schedule within the Fire Department works on a scheduled holiday, the employee shall receive holiday pay, if he/she meets the eligibility requirements, plus his/her regular pay for the hours worked. (Straight or overtime depending on whether the time worked is over forty (40) hours). E. When an employee is scheduled to work on a holiday but fails to do so, the employee will not receive holiday pay even if the employee is otherwise eligible for holiday pay. F. The intent of Personal Holidays is to allow the employee a non designated holiday for personal use. Personal Holidays should be scheduled as far in advance as possible, but not less than one (1) work day in advance unless the reason for the personal holiday was unknown and is an emergency. The City retains the right to schedule personal holidays to meet operational needs. G. Personal Holidays shall not be accrued or taken in hourly increments. Personal Holidays may not be used for purposes of sick leave. H. Personal Holidays must be used within the fiscal year. Employees failing to use their Personal Holidays will forfeit the holidays. 1. Employees must complete their initial one-year probationary period in order to qualify for the Personal Days (Floating Holidays). 8.03 Police Department A. Employees in the Police Department working on a rotating shift basis receive credit for all holidays authorized for City employees provided they meet the eligibility requirements under 8.02. B. Employees will receive credit for the holiday whether they worked the holiday or the holiday fell on their day off. C. If a holiday falls on the day off for the employee, the employee shall be paid at the straight time rate for the holiday. Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 24 SECTION 13 MISCELLANEOUS POLICIES AND BENEFITS 13.01 Smokin2 Policv A. Policy The purpose of this policy is to protect the public health, comfort, and environment for citizens and employees by creating areas in public places and at public meetings that are reasonably free from tobacco smoke, and to comply with the Florida Clean Air Act. B. Procedure 1. No person may smoke or use any tobacco products (chew, snuff, etc.) in any City of Ocoee building or facility or vehicle. This includes, but is not limited to, private offices, hallways, rest rooms, conference rooms and break rooms, even with only one occupant. 2. Tobacco products are permitted outdoors except for the following conditions: A. Whenever a safety hazard exists; B. In any area where smoking is specifically prohibited by Federal, State, County or City Ordinance; C. In any area posted "No Smoking." 3. The City Manager shall be responsible for ensuring City-wide implementation of this policy. Department Directors and supervisors shall be responsible for uniform implementation of this policy in their respective work areas, facilities and buildings. 4. Violation of this policy shall subject the employee to disciplinary action up to and including termination. 5. Citizens, clients, contractors and VISItors to City facilities shall be expected to comply with this policy. Violators shall be requested to extinguish their smoking material and remove other tobacco products or to leave the building/facility area if they refuse to do so. Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 49 13.02 Sexual and Other Ille2al or Improper Harassment Policv A. Purpose The purpose of this policy is to make all employees of the City of Ocoee aware that it is the policy of the City of Ocoee that sexual, racial or other forms of illegal harassment will not be tolerated. B. Statement of Policy Sexual harassment is included among the prohibitions of Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment, and is prohibited by the City of Ocoee. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical acts of sex based nature, where submission to such conduct is made a term or condition of employment, or an employment decision is based on an individual's acceptance or rejection of such conduct, or such conduct unduly interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment. Sexual harassment involves not only members of the opposite sex but also of the same sex. Other forms of harassment in addition to sexual harassment are illegal (such as racial harassment) and/or are improper and will not be tolerated. Such harassment involves unwelcome language or actions involving race, religion, national origin, marital status or disability. In addition, the City will not allow any retaliation against any employee who raises a concern about improper or illegal harassment or truthfully participates in an investigation involving improper or illegal harassment. Employees at all times shall treat other workers respectfully and with dignity, in a manner so as not to offend the sensibilities of a co-worker. C. Examples of Prohibited Sexually Related Conduct The City of Ocoee considers the following conduct to be representative of conduct which violate the Sexual Harassment Policy: I. Unwelcome physical assaults or touching of a sexual nature, including: A. Rape, sexual battery, molestation, or attempts to commit such acts. B. Intentional physical contact which is sexual in nature such as touching, pinching, patting, grabbing, rubbing, hugging, or poking another employee's body. Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 50 2. Unwelcome sexual advances, propositions, and other sexual comments, such as sexually oriented gestures, noises, remarks, jokes, or comments about a person's sexuality or sexual experience directed at or made in the presence of an employee who has indicated in any way that such conduct in his or her presence is unwelcome. 3. Job actions related to sexual matters such as: A. Preferential treatment for submitting to sexual activity, including soliciting or attempting to solicit an employee to engage in sexual activity for compensation or reward. B. Threatening to, or actually making an employee's job more difficult, or taking away any benefit or privilege to entice an employee to submit sexually. 4. Display of sexually related material, such as: A. Pictures, posters, calendars, graffiti, objects, promotional material, reading or other material of a sexually suggestive or sexually demeaning nature is not permitted in the work place. B. Reading or otherwise publicizing in the work environment materials that are sexually revealing, pornographic, or sexually demeaning. D. Examples of Other Illegal Harassment Derogatory, critical or uncomplimentary jokes, comments, displays, posters, other written materials as well as actions based on race, religion, national origin, marital status, or disability are often unwelcome and hurtful to others and can be illegal. Such actions have no place in the work environment at the City of Ocoee and will not be tolerated. The above examples are not to be considered a comprehensive list of prohibited conduct, but set forth examples of the types of conduct which is prohibited. E. Making Complaints of Sexual or Other Illegal Harassment or Retaliation 1. Anyone who has suffered sexual or other illegal harassment or retaliation or who has observed such conduct should report it to their immediate Supervisor or the Department Director or the Director of Human Resources or the City Manager, or with any other member of management. To the extent possible under Florida law the identity of the person making the complaint will be kept in confidence. Adopted: 03-02-99 Revised: 11-20-0 I Revised: 03-19-02 51 2. All complaints will be investigated expeditiously. Upon completion, and a determination that a complaint is valid, the City will take appropriate action, including discipline up to termination of employment. If the complaint is found to be without merit, no disciplinary action will be taken against the employee against whom the complaint was made. 3. All employees with complaints of harassment in which the complaint is against an appointed or elected official should take the complaint to the Director of Human Resources. The Director of Human Resources is charged with the responsibility of assuring that the appropriate individual(s) is made aware of the complaint and that the investigation procedure is properly handled and shall keep the City Manager advised of the situation. F. Bad Faith Claims of Sexual or Illegal or Improper Harassment Bad faith claims of sexual or other illegal or improper harassment are claims made when the person making the claim knows the claim is false but makes it anyway. Persons who make bad faith claims under this subsection will be subject to disciplinary action up to and including termination. 13.03 Emplovee Trainin2 and Development It is the responsibility of the City Manager in conjunction with Department Directors and the Director of Human Resources, to foster and promote in-service training of employees. The purpose of this training is to improve the level of service rendered to the public, the quality of personnel, and to assist employees in preparing themselves for advancement in City Service. Department Directors in cooperation with the Director of Human Resources will establish standards for training programs, assure that training is carried out as approved, and prepare certificates or other forms of recognition to persons who satisfactorily complete approved courses and programs. The Director of Human Resources will provide assistance to Department Directors in developing and conducting training to meet specific needs of their departments and to assure that employee, supervisory and management training are available to all Departments. 13.04 Performance Evaluation The City Manager will establish and administer a program for rating the work performance of employees. The Performance Evaluation system is designed to evaluate the employee's performance and attitude as accurately and as fairly as is reasonably possible. The ratings shall be set forth on the authorized Personnel Evaluation forms and as prescribed by the Performance Evaluation Manual adopted by the City. The evaluator, upon receipt of the employee's evaluation form from the Human Resources Office, shall complete the evaluation and give a copy to the employee at least ten (10) working days prior to the employee's anniversary date. The employee shall be Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 52 entitled to respond to the evaluation within five (5) working days of receipt of a copy from the evaluator. The overall performance rating shall be used to improve productivity and other rating factors, to determine the desirability of a performance increase if and as approved by the City Commission based on budgetary constraints, and as a factor in arriving at promotions and other job actions deemed appropriate. 13.05 Group Medical. DentallVision. Life Insurance A. The City provides group medical, dental, vision and life insurance protection for its employees who are classified as full-time. All benefits provided, coverages, and employee premium contributions are determined during each annual budget. Benefits provided are explained at the time of employment. A booklet describing eligibility, benefits, dependent coverage, employee premium contributions, coverages and all other questions are available for all employees in the Human Resources Office. B. These forms of insurance are available for the dependents of eligible employees but they must pay all or a portion of the premium for dependent coverage through payroll deductions, which shall be determined during each annual budget. However, all employees hired on or after 10/1/01 shall be responsible for 100% of the premium for dependent coverage on all insurances. Details of the employee premium costs for dependent coverage are available in the Human Resources Office. C. The City provides or makes available short and long-term disability insurance for employees as provided in Section 10.07. D. Employees must notify the Human Resources Office within thirty (30) days if they changed their marital or dependent status so that the steps necessary to change insurance coverage may be completed. E. Notification of any change of status is the employee's responsibility. F. Employees are responsible to file their own claims. Assistance may be sought from the Human Resources Office. 13.06 Deductions Federal Withholding, Social Security and Pension contributions are deducted from paychecks in accordance with law and City ordinance. Voluntary deductions authorized by the City Manager, are made only upon written authorization of the employee and approval by the Human Resource Office and by the Finance Department. Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 53 13.07 Pension Plan The City provides Pension Plans for all eligible and qualifying employees. Details of the plan are maintained in the Human Resources Office and with each Pension Board Representative and available to all covered employees. All questions concerning pensions are to be directed to the respective Pension Boards. Police and Fire Department employees are covered by one plan (City Ordinance 97-28) and all other employees by another Plan (City Ordinance 97-27). 13.08 Unemplovment 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 will be eligible to receive unemployment compensation benefits. An explanation is available of employee's rights and responsibilities through the Human Resources Office. Any correspondence received by the employees regarding unemployment compensation must be forwarded to the Human Resources Office immediately upon receipt. 13.09 Workers' Compensation The City has Workers' Compensation Insurance for all employees injured on the job. A. Payment of Workers' Compensation to all employees, who are disabled because of an injury arising out of and in the course of performing their duties with the City, will be governed by the Florida State Workers' Compensation Law. B. If injured on the job an employee will only receive the compensation as determined and set by the Florida State Workers' Compensation Law. C. Full-time employees may use accrued personnel leave to supplement worker's compensation to the extent that the employee's total compensation from all sources, including but not limited to worker's compensation, LTD or STD, does not exceed their straight time weekly earnings. When used, the personal leave will be charged as sick leave. D. (1) Employees out on Workers' Compensation will not earn Annual or Sick Leave or Holiday Leave through duration of absence unless approved by the City Manager. (2) Annual Leave, Sick Leave, or Holiday Leave may not be used while out on Workers' Compensation except as allowed, if at all, under Section 13.09, C Adopted: 03-02-99 Revised: 11- 20-0 I Revised: 03-19-02 54 (3) Group Life & Hospitalization coverage or any other payroll deduction authorized by the employee must be paid by the employee while out on Workers' Compensation except to the extent the absence is covered by the FMLA. E. In the event an employee has failed to advise the attending physicians of other injuries reported under Workers' Compensation, whether injuries were sustained while employed by the City of Ocoee or sustained prior to employment with the City of Ocoee or any pre-existing conditions, the employee shall be subject to immediate termination. F. Employees who sustain an on the job injury or illness may be required by the City to work in any position for which the City deems them qualified with or without reasonable accommodation at the rate of pay determined by the City in accordance with Section 12. Refusal of an employee to work when assigned to do so under this Section shall subject the employee to termination. 13.10 Death All compensation, accrued leave and benefits due to the employee as of the effective date of death shall be paid to the surviving beneficiary, or to the estate of the employee as determined by law or by executed forms in the employee's personnel folder. 13.11 Education Incentive Pro2ram The City may authorize payment for tuition and books for courses subject to budgetary constraints as follows: A. The course or curriculum shall be related to the employee's job or will contribute to the long-range value of the employee to the City, not to provide training for jobs with other employers. This determination will be made by the Education Committee. B. There will be no duplicate payments for the same course, if the course is reimbursable through some other source, then provisions of the City's education tuition payment plan shall not apply. C. Requirements to obtain these benefits are: 1. Full time employment with the City at least one year before employee can apply. 2. The educational training can be at the high school, post high school, and adult educational levels. Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 55 7. 8. Adopted: 03-02-99 Revised: 11-20-0 I Revised: 03-19-02 3. No more than two courses per quarter or semester (or equivalent period of time) may be taken unless permission is obtained from the Education Committee. 4. The Education Committee shall be made up of the City Manager and the Director of Human Resources. A City Commissioner and an employee, who shall be selected by City employees from the general work force, shall also serve on this Committee, both of whom shall be selected on an annual basis. 5. Request for a tuition advancement must be filed prior to enrollment in the course and must have the approval of the Education Committee in advance. In the event an employee has not requested a tuition advancement and is anticipating a tuition reimbursement upon completion of the class, the employee must still seek approval for the class through the Education Committee prior to enrollment. Failure to seek the necessary approval shall result in denial of tuition reimbursement. 6. The employee must request the method of funding by completing the Standard Form Memorandum to the Education Committee, which may be obtained from the Human Resources Department with a school schedule attached. The memorandum must state the name of the class and its cost along with the anticipated cost for books. In order to process the request in a timely manner, employees should make every effort to request necessary funding as soon as school schedules are released. Employees receiving a tuition advance must submit a paid receipt within two (2) weeks from receipt of an advance from the College or University for classes and books to the Human Resources Department. Employees requesting reimbursement upon completion of the class must also submit paid receipts within two (2) weeks of completing the course. Employees are encouraged to purchase used books. It is the responsibility of the employee to return the books back to the school, obtain a receipt and money immediately upon completion of the class and return the receipt and money back to the Human Resources Department for proper credit. Employees who desire to retain the class books shall reimburse the City for their cost. Employees are encouraged to attend any accredited Florida College or University; however, tuition reimbursement shall be paid at the public College or University tuition rate. Employees shall not be reimbursed for mileage or personal expenses. 56 9. The employee shall submit to the Human Resources Office the final grade, certification, or degree, within two (2) weeks after the class is completed. The employee shall immediately reimburse the total cost of tuition and books if he/she fails to successfully complete the course; provided the pay back period may be extended by the Education Committee if it concludes the employee involuntarily failed to complete the course. Reimbursement shall be within two (2) weeks of receipt of grades. For courses for which an employee receives a grade, reimbursement to the City will be as follows: A. Employees receiving a grade of C or better or in a pass/fail course, a "pass" grade shall not be required to reimburse the City. B. Employees receiving a grade below a C or who fail a pass/fail course shall reimburse the City at 100%. C. Employees who drop a class shall reimburse the City at 100%. 10. The employee who receives any benefit whatsoever under this program shall be required to work for the City for at least two (2) years from date money is received, or shall reimburse the City 100% upon termination. The City reserves the right to withhold the money owed from any final paycheck upon separation, subject only to applicable law. D. The City will attempt to rearrange work schedules for classes if it does not interrupt the normal work flow. E. Correspondence Degree Employees seeking a Degree through correspondence shall be governed under Section 13.11 A, B, C (1), (2), (3), (4), (8), (9), and (10). (1) (2) (3) (4) Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 Employees under this program shall not receive tuition advancement. Employees must obtain approval from the Education Committee for the class prior to enrollment if the employee is seeking reimbursement upon completion of the class by the Education Committee. Employees shall not receive reimbursement for books or other equipment required of the class. The costs shall be the responsibility of the employee. The school must be certified as a legitimate degree institution by the State of Florida. The Human Resources Department will have this information available for employees to review within the Human Resource Department. 57 (5) All conditions must be followed under Section C(9) with the exception that employees shall not receive advance payment. 13.12 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 or standard operating procedures. However, all employees will wear clean, and undamaged clothes and be clean and neat in appearance. Employees shall not wear clothes, shoes or accessories or otherwise report for work in a condition determined to interfere with efficient operation of the City. 13.13 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 operating procedures in accordance with the Uniform Receipt and Request forms signed by the employee. 13.14 Lockers. Desks & File Cabinets or Other Citv Equipment A. Employees may request a locker if available. B. Employees must provide locks for lockers. C. Lockers, desks & file cabinets or any other equipment used by the employee is the property of the City and a Department Director or Supervisor shall have the right to access this equipment in the presence of the employee at any time for any legitimate reason. D. In the event the employee is unavailable and it is deemed necessary to access the locker, desk, file cabinet or other equipment the Department Director must request authority to access same from the City Manager, stating the reason for access. The City Manager shall make the determination if the request is for a legitimate reason and shall be the final authority. E. In the event the employee is unavailable at any time for any reason the City Manager shall have the authority to have locks removed from lockers, desks or file cabinets or any other equipment used by the employee for the purpose of access. Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 58 13.15 Return of Citv Propertv At the time of separation and prior to receiving final monies due, all records, books, assets, uniforms, keys, tools, and other items of City property in the employee's custody, shall be transferred to the Department and certification to this effect shall be by the Department Director. Any monies due the City because of any shortages shall be collected through appropriate action. 13.16 Furlou2h of Emplovees (Reduction of Work Hours) In the event of budgetary constraints within any specified fiscal year, the City Manager shall have the authority to furlough employees. The City Manager shall determine which positions shall be subject to the furlough period. 13.17 DUI. DWI and Movin2 Traffic Violations The safety and health of all City employees and residents and the public in general is of utmost importance to the City of Ocoee. Such concerns include attempting to ensure that employees who drive vehicles on the public roads, streets, and highways as part of their job maintain safe driving records and habits consistent with the City's mission of conducting safe and efficient City business, and to ensure the ability of the City to maintain acceptable insurance protection at reasonable costs. A. Application The following policy shall apply to all City employees covered by the City Personnel Rules & Regulations in any driving capacity, which is defined as a job in the performance of which the employee drives a vehicle on the public street, roads or highways. In order to ensure that all employees are advised as to what is expected of them in these areas, this policy defines DUI, DWI and moving traffic violations as same relate to demotion and discharge under Section 15 of the City Personnel Rules & Regulations. B. DUIIDWI 1. An employee charged with DUI or DWI offense shall be suspended from his/her driving job pending resolution of the charge or charges. The suspension will be without pay, except the City Manager, at his/her option, may elect to transfer the employee to a vacant non-driving position which the employee is qualified to perform at the non-driving position rate of pay. Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 59 2. 3. 4. Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 In accordance with Section 15.04, the City Manager may elect to proceed to investigate the charges or await the results of the criminal proceeding before deciding what disciplinary action, if any, to take. If the City Manager decides to wait and the employee is acquitted or the City Manager determines the employee has not violated this policy, the employee shall be reinstated to his/her driving position or a similar driving position with back pay less any interim earnings received from any source, including from the City of Ocoee, a deduction for any periods of unavailability for employment and periods the employee did not seek employment elsewhere, and unemployment compensation. Acquittal is defined as a judicial finding of not guilty, and shall not include a plea bargain, or dropping of the charges by the prosecutor. Employees who refuse breath, blood, or urine testing in violation of Florida statutes regarding implied consent shall be considered as guilty. Upon first offense conviction, the employee shall be removed from his/her driving position for not less than thirty-six (36) months. Upon written request, the employee will be considered for placement in other non- driving vacancies in the City for which he/she is qualified; however, he/she shall be given no preferential treatment because he/she is a City employee. If the employee is not offered a non-driving job within thirty (30) days of his/her removal from the driving position, he/she shall be terminated. If the employee is offered and accepts a non-driving position within the thirty (30) day period, the employee's service record will remain unbroken. 5. An employee placed in a non-driving position or ex-employee terminated pursuant to paragraph 3 above may not reapply for a driving job for thirty- six (36) months from the date of his/her removal from the driving job. Thereafter, those employees and ex-employees who reapply for a driving job will be given no preference but if otherwise qualified will be considered along with all other qualified applicants, and their past conviction will be considered along with other job related factors. 6. Upon conviction of a second DUI or DWI, an employee in a driving position shall be terminated from employment with the City of Ocoee. 7. Upon conviction of a second DUI or DWI, an employee in a non-driving position as a result of the application of paragraph (4), shall be permanently barred from a driving position within the City of Ocoee. 8. Employees and applicants for employment who have never held a driving position with the City but who have been convicted of DWI or DUI not more than one time, may be considered for driving positions under the same conditions as employees who have been removed from a driving 60 position because of a DUI or DWI conviction under paragraph (4) above. Employees and applicants who have two or more DUI or DWI convictions shall not be considered for driving positions. C. Moving Violations 1. 2. 3. 4. 5. Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 The official Florida State driving record of all employees under F.S. Section 322 shall be reviewed by the City from time to time. If, upon such review, an employee's record reveals ten (10) or more points under F.S. Section 322.27 within the past three (3) years as a result of moving traffic violations, the employee shall be removed from his/her driving position. Upon written application, the employee will be considered for placement in other non-driving vacancies in the City for which he/she is qualified; however, he/she shall be given no preferential treatment because he/she is a City employee. If the employee is not offered a non-driving job within thirty (30) days of his/her removal from the driving position, he/she shall be terminated. If the employee is offered and accepts a non-driving job within thirty (30) days, the employee's service record will remain unbroken. An employee placed in a non-driving pOSItion or an ex-employee terminated pursuant to paragraph (2) above may not reapply for a driving job, unless and until upon periodic review of the driving records of all employees by the City, the employee's official Florida State driving record establishes that the employee does not have ten (10) or more points as a result of moving traffic violations in the three (3) year period immediately prior to the City review of employee's record. Thereafter, those employees and ex-employees removed from driving jobs will be given no preference but if otherwise qualified will be considered along with all qualified applicants, and their past conviction of moving traffic violations will be considered along with job related factors. An employee who is removed from a driving position on two different occasions as a result of the application of this Section, shall be permanently barred from a driving position with the City. Employees who have never held a driving position with the City and applicants for employment who have ten (10) or more points for moving violations at the time they apply for driving positions shall not be considered. If such employees and applicants do not have ten (10) or more points at the time of their application, their official Florida State driving record will be considered along with other job related factors. 61 6. Employees are obligated to inform the City of Drivers License suspension or revocation for any reason. Employees whose job description requires a valid Driver's License shall maintain a valid Florida Drivers License. Failure to do so will result in disciplinary action. Employees in driving positions who have suspensions or revocation are considered unqualified for that position and may be reassigned to a non-driving position or terminated if no vacancy exists. D. Period ofInquiry The three year (36 month) driving history will be established from the date of mqUIry . 13.18 Cellphones When it is deemed that a City Employee is required to have a cellphone to effectively perform their job requirements, the following policy shall apply: A. A requisition for the cellphone shall be submitted along with written authorization from the Department Director explaining the reason for the need for the employee to have a cellphone. Cellphone vendors must be approved in advance by the City Manager, or his/her designee. The cellphone shall remain the property of the City and will remain so until it is declared surplus and disposed of in a manner acceptable to the City. All bills for the use of the cellphone shall be sent to the City, care of the Finance Department. The employee shall reimburse the City for all personal calls transacted by the use of the cellphone. Reimbursement shall be by cash or by submittal of a check or money order made out to the City of Ocoee. The employee will not be allowed to buy the cellphone as personal property from the City. B. If an employee is using their personal cellphone for City business calls, and is not required to have a cellphone, they shall be responsible for full payment of their bill and may submit requests for reimbursement for the City business calls only to the Finance Department using the Check Request Form. Written authorization from the Department Director for the reimbursement along with a copy of the bill highlighting such calls must be submitted with the Check Request Form. Reimbursement will be given in the employee's name only, not to the cellphone service provider. The rates established for the cellphone service shall remain between the employee and the service provider. Most cellphone service providers offer governmental employee rates. C. Should a dispute arise involving any of the above procedures, the decision of the City Manager shall be considered final and binding. Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 62 13.19 Information Svstems/E-Mail Policv A. As part of our effort to facilitate work, the City of Ocoee provides electronic mail services to certain employees. These systems are designed to facilitate your communication with employees and with the public when such communication is part of your job. All electronic communication systems and all communications and stored information transmitted, received or contained in the City's Information Systems are the property of the City of Ocoee. B. E-Mail is for the use of employees in the performance of their jobs. However, it is recognized that occasional communications between employees at work via E- Mail for personal reasons under circumstances that do not take away from or interfere with their duties or the duties of those employees with whom they communicate, is not prohibited except: 1. No E-Mail will contain any materials which is political, slanderous, controversial, critical of any person or entity, or which contains vulgar language, references to sexual matters or is otherwise inappropriate. 2. E-Mail for personal reasons should be used only when it is important that the employee communicate with another employee at work about a personal matter and another method of communication would take time away from the employee's work. E-Mail is not to be used for "chit-chat", telling jokes and communicating personal information unless it is necessary . 3. The City Manager, or the City Manager's designee, will determine when this Section is being violated. C. Employees shall not use a code, access a file, or retrieve any stored information, other than those for which they are authorized, unless there has been prior clearance by the City Manager, MIS Director, or their designees. D. To ensure that the use of the City of Ocoee Information System and other electronic communications systems is consistent with the City's legitimate business interests and not a violation of this Section, authorized representatives of the City will monitor the use of such equipment from time to time. E. Employees using this equipment for improper personal purposes do so at the risk of discipline in accordance with the applicable Personnel Rules and Regulations. F. Employees should also be aware that electronic records (such as e-mail and computer stored documents) are public records and as such are subject to access by the general public as well as the Press in the same manner as physical documents. Thus, any electronic communication concerning any official business Adopted: 03-02-99 Revised: 11-20-0 I Revised: 03-19-02 63 may not be deleted or destroyed (i.e., erased from computer memory) until a hard copy is printed and retained with other public records. G. Remember, although you can "trash" E-Mail, it does not go away and can always be retrieved, and may be reviewed at any time by the City to ensure compliance with this Section and by the Public upon a proper request under the Florida Sunshine law. UNDERSTAND - ANYTHING YOU PUT IN A CITY COMPUTER MAY BE ON THE FRONT PAGE OF THE NEWSPAPER. 13.20 Dru2-Free Work Place All employees are required to abide by the City Drug-Free Work Place Policy (Resolution #95-21, or as may be amended by the City Commission). Adopted: 03-02-99 Revised: 11-20-01 Revised: 03-19-02 64 SECTION 16 GRIEVANCE PROCEDURE 16.01 Purpose The grievance procedure is established to provide full opportunity to non-probationary full-time employees to bring to the attention of management, situations that directly affect the employee's pay, benefits, or working conditions. It is the intent and desire of the City to adjust complaints or grievances informally, and both supervisors and employees are expected to make reasonable efforts to resolve problems as they arise. However, it is recognized that there will be grievances which will be resolved only after an appeal and review. The submission of a grievance by an employee shall in no way adversely affect the employee or his/her employment with the City. A. A full-time employee may file a grievance over the interpretation, application, or violation of City Personnel Rules and Regulations or any Departmental Rules or Regulations applicable to him/her, to resolve a problem concerning his/her employment, or to question and seek to overturn any disciplinary measures taken against him/her under the Grievance Procedure in Section 16.02, except that grievances over termination or demotion of full-time employees shall be subject to review as provided in Section 16.04. B. Only full-time employees are eligible to file appeals or grievances under this procedure. Probationary employees are not considered full-time employees until completion of the probation period. Department Directors and higher levels of management who are full-time employees shall not have the right to file grievances under this section but shall in case of demotion and termination be entitled to pre and/or post action hearings under Section 16.04. 16.02 Grievance Procedure In order to assure every full-time employee a method by which the employee can get a particular grievance considered rapidly, fairly, and without reprisal, the following steps are provided: Step I - Supervisor The aggrieved employee shall, within three (3) working days of the incident, explain and discuss the complaint or grievance orally with the supervisor involved. Higher level supervision may be called into the discussion in an effort to achieve a prompt satisfactory adjustment. Adopted: 03-02-99 Revised: 03-19-02 74 The Supervisor will make a decision and notify the employee in writing within three (3) working days after the discussion with the employee. The Supervisor must provide the Director of Human Resources a copy of the action taken, all relating documents and the written decision in Step I. Step 2 - Department Director If the aggrieved employee feels that the matter has not been settled or adjusted to his/her satisfaction by the Supervisor, he/she may submit the matter in writing to the Department Director within three (3) working days from receipt of the answer in Step 1. The Department Director, or his/her designee, shall meet with the employee within three (3) working days after receipt of the grievance. The Department Director, or his/her designee, shall give a written answer to the employee within three (3) working days after the scheduled meeting. The Department Director must provide the Director of Human Resources copies of all relating documents and the written decision in Step 2. Step 3 - Hearing Committee A. Right to Appeal If the matter is still unresolved to the employee's satisfaction by the decision of the Department Director, the employee may appeal within three (3) working days in writing to the Director of Human Resources requesting a review of the grievance by the Hearing Committee. Such appeal shall be accompanied by all facts, information and other documents relating to the complaint and the written answers given to the Director of Human Resources, who will provide the information packet to all members of the Hearing Committee prior to the hearing. B. Right to By-Pass Employees have the right to by-pass the Hearing Committee and proceed directly to Step 4 of the Grievance Procedure. C. Hearing Committee and Procedure Relating to the Hearing Committee I. Selection of Hearing Committee The Hearing Committee will be composed of four (4) members and four (4) alternates elected in accordance with the following: Adopted: 03-02-99 Revised: 03-19-02 75 A. The full-time employees and supervisors of each of the following four (4) areas shall elect members and alternates to the Hearing Committee as follows: Members Alternates Area 1. City Hall/Recreation Area 2. Fire/Police Area 3. Public Works Area 4. Utilities Department B. Employees represented by a PERC certified bargaining agent shall not be eligible to vote on selection of Hearing Committee members or alternates. C. Members and alternates shall serve two (2) year terms but there shall be no limit on the number of terms they serve. Employees may serve on other Committees while serving on the Hearing Committee. D. The election shall be held during the first two (2) weeks of December of each year at a time set by the City Clerk. E. In the event a bargaining unit employee elects to process a grievance under this Section, the elected Hearing Committee member or alternate from the relating Area will be replaced by a bargaining unit employee selected by the certified bargaining agent from the department in which the grievant works unless the certified bargaining agent fails to notify the Director of Human Resources in writing within three (3) working days after the response of the Department Director in Step 2 of the name of the bargaining unit member selected to serve. 2. Procedure Adopted: 03-02-99 Revised: 03-19-02 A. A hearing before the Hearing Committee will be scheduled by the Director of Human Resources within three (3) working days of the receipt of the written appeal to Step 3. B. The Hearing Committee for the grievance will be made up of one (1) member or alternate from each of the four (4) areas identified in paragraph C(1 )(A) above, except when a bargaining unit employee is the grievant, paragraph C(I)(E) shall apply. c. The elected alternate for an Area shall serve on a Hearing Committee only if the elected member for that Area is unavailable. 76 D. The Director of Human Resources shall assist the aggrieved employee in preparation for the grievance meeting, if requested to do so by the employee. E. The Hearing Committee shall appoint a chairperson from among its members who shall be responsible for conducting the grievance meeting. F. The Director of Human notifying interested parties, rules and procedures. Resources shall be responsible for and rendering advice on personnel G. Employees, supervisors, their representatives and witnesses shall have the right to appear before the Committee for the purpose of presenting relative facts and information. H. Attorneys will not be allowed to participate in the hearing to represent the grievant or the Department Director without permission of the City Manager but an attorney may be assigned by the City Manager to assist the Hearing Committee if in a particular case the City Manager believes it will be helpful. 1. Within five (5) working days following the close of the hearing the Hearing Committee shall file a written Report with the City Manager, with copies to the Director of Human Resources, the Department Director and the aggrieved employee. The Hearing Committee Report may include recommended findings and conclusions. If the Report is not unanimous, any Committee Member who wishes may write a separate Report which shall be attached to the Hearing Committee Report. Step 4 - Citv Manager A. If the Grievant Appeals Directly to the City Manager If the grievance is not resolved by the decision of the Department Director, the employee may file a written appeal to the Hearing Committee under Step 3 OR directly to the City Manager within three (3) working days after receipt of the written decision of the Department Director. If the appeal is filed directly with the City Manager, within three (3) working days the City Manager, or his/her designee, shall conduct a hearing for the employee and shall render a decision within three (3) working days thereafter. Adopted: 03-02-99 Revised: 03-19-02 77 B. If the Grievant Appeals to the Hearing Committee If the grievant appeals the Department Director's decision in Step 2 to the Hearing Committee, the grievant may file a written appeal to the City Manager within three (3) working days after receipt of a copy of the Report of the Hearing Committee. C. If the Grievant Appeals to Step 3 but Not to Step 4 If the grievant appeals to the Hearing Committee under Step 3 but does not file a timely appeal to the City Manager under B above, the City Manager, or his/her designee, shall consider the Report of the Hearing Committee and the other information before him/her. At his/her option, the City Manager, or his/her designee, may hold meetings or an additional hearing before making the final decision. D. Final Decision The decision of the City Manager, or his/her designee, under paragraphs A or C shall be final, and the employee shall have no further right of administrative reVIew. 16.03 General Provisions A. The time limits of this grievance procedure may be extended up to five (5) additional working days by the employee due to an approved absence for illness, emergency, vacations, or business trip, or by management for any of these reasons or any other business reasons. If an extension is required, the employee (or management) shall be notified in writing. Except under paragraph B below, the City Manager, or his/her designee, must approve any extension beyond five (5) working days in writing. B. If the response time limit falls on an employee's day off, or other approved absence under (A) above, subject to paragraph H below, the reply by management shall be given to the employee on the first work day the employee returns to work and the time within which the employee must proceed to the next Step shall begin to run the day the employee receives the response. C. Under this grievance procedure the employee and/or management have the opportunity to call witnesses at the Step 3 and Step 4 levels. D. Any grievances shall be considered settled on the basis of management's response at the completion of any step, unless it is appealed within the time limits set forth. Adopted: 03-02-99 Revised: 03-19-02 78 E. A copy of all documents supplied by the grievant to support a grievance in one Step shall be copied to the Director of Human Resources on the same day the grievant appeals to the next Step; provided a document need not be provided if a copy has been supplied to the Director of Human Resources at an earlier Step. F. Management shall supply the Director of Human Resources with a copy of its answer in Steps I, 2 and 4 as well as the original of any tape or transcription of any hearing or meeting that was recorded in order to insure its preservation. G. The Chairperson of the Hearing Committee shall supply the Director of Human Resources with a copy of its advisory findings and recommendations as well as the original documents, tapes and/or transcriptions presented at the hearing in order to insure preservation. H. In some cases, steps in the grievance procedure may be waived at the discretion of the employee, Department Director or City Manager to allow more severe matters to progress more rapidly. 1. Employees covered by a Certified Bargaining Agent which contains a grievance procedure, shall have the option of proceeding under Section 16 of the PRR for grievances covered by both the CBA. Upon filing a grievance under one procedure, the employee may not file under the other. J. The Director of Human Resources will be available at any step in the procedure to assist in any way in resolving the grievance. K. Working Day for Employees and Management when a grievance is filed by a Fire Department employee on a 7(k) Schedule shall mean three (3) shifts. 16.04 Demotion and Termination of Full-Time Emplovees A. Entitlement A full-time employee whom management is considering demoting or terminating shall be entitled to due process as required by applicable law. B. Full evidentiary hearing before demotion or termination of a full-time employee. The City Manager may elect to offer the employee a full due process hearing before any such disciplinary action is taken. If the City Manager so elects, the full-time employee will be notified in writing, and the City Manager, or his/her designee, shall make the final decision after the due process hearing, in which event the decision shall be final and the full-time employee shall not be entitled to file or process a grievance under 16.02. Adopted: 03-02-99 Revised: 03-19-02 79 C. Appeal of Demotion or Termination by Full-Time Employee Adopted: 03-02-99 Revised: 03-19-02 A full-time employee who is not provided a full evidentiary due process hearing under paragraph B before demotion or termination, shall be entitled to an informal pre-disciplinary hearing and if he/she is thereafter demoted or terminated, to a full due process hearing after demotion or termination as follows: 1. The full-time employee shall appeal the demotion or termination to the Hearing Committee or directly to the City Manager within ten (10) working days of receipt of notice of the demotion or termination. 2. If the full-time employee appeals to the Hearing Committee, Step 3 of 16.02 shall apply; except the time limit for filing the appeal shall be within ten (10) working days of receipt of the notice of termination or demotion. 3. The City Manager, or his/her designee, shall conduct a due process evidentiary hearing within ten (10) working days of receipt of an appeal of the demotion or termination directly to the City Manager or within ten (10) working days of receipt of the Hearing Committee's Report, whichever applies, and make the final decision. The full time employee shall have no right to further administrative review under Section 16.02, or otherwise. 80