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HomeMy WebLinkAboutOrdinance 2001-32 ORDINANCE NO. 2001-32 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 HOLIDAYS, PERSONAL LEAVE, PAY UPON PERMANENT TRANSFER, AND GROUP BENEFITS; 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. A. 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 of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number 99-12 is hereby amended to read as follows (with additions double-underlined and deletions stricken): 8.02 Eli2ibility for Holiday Pay A. All holidays earned must be taken as time off or paid on the same day that it is earned. 006.236926.1 006.236926.1 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. 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. H. Personal Holidays must be used within the fiscal year. Employees failing to use their Personal Holidays will forfeit the holidays. -2- I. Emoloyees must comolete their initial one-year orobationary oeriod in order to qualify for the Personal Days (Floating Holidays). SECTION 3. Amendment to Section 9.02. Section 9.02 of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number 99-12 is hereby amended to read as follows (with additions double-underlined and deletions stricken) : 9.02 Use of Leave 006.236926.1 Personal leave may be requested for the following scheduled purposes: A. Vacation leave. B. Medical, dental and optical treatment which is necessary during working hours. C. Absences for transaction of personal business which cannot be conducted during off duty hours. D. Holidays other than those designated by the City Commission as official holidays. E. Employees who become sick on vacation leave may shall use sick leave for such period of illness but must present a doctor's certificate. F. Caring for immediate family members who are ill as defined in Section 10.05. G. Maternity/Paternity Leave. H. To supplement FMLA leave, STD, LTD or worker's compensation, but only to the extent necessary to make up the difference in all compensation received from any source and the employee's straight time weekly earnings; provided, however, the eighty (80) hours for vacation under 9.06(B) cannot be used for any purpose except vacations. -3- SECTION 4. Amendment to Section 9.04. Section 9.04 of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number 99-12 is hereby amended to read as follows (with additions double-underlined and deletions stricken) : 9.04 Request for Personal Leave - Vacation A. For that portion of scheduled leave that is vacation, a minimum of two weeks advance notice is required. Emergency requests for vacation leave may be granted unless scheduling or work commitments preclude permitting the leave. B. In the case of two or more employees requesting leave for the same time period, the vacation will be awarded as follows: 1. When employees in the same department holding the same rank or same classification seek the same vacation period, the award shall be governed by the job classification and, if necessary, by length of service within the Department. 2. If an employee transfers to another department with the same rank or classification, the length of service will be the date of the transfer. C. Department Directors should prepare a yearly schedule for vacation leave to enable all employees within the department an opportunity to plan scheduled time away from the City. D. Personal leave time taken as vacation must not be taken in more than a two (2) week (80 hour) block or five (5) shifts for Fire Department employees on a Section 7(k) schedule. Employees requiring more than a two (2) week (80 hour) block must have prior aooroval from the City Manal!er. SECTION 5. Amendment to Section 9.06. Section 9.06 of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number 99-12 is hereby amended to read as follows (with additions double-underlined and deletions stricken) : 006.236926.1 -4- 9.06 Accrual of Leave A. Full-time employees earn personal leave as follows: One through five years of service 6.78 hours bi-weekly (176.28 hours per year) 8.31 hours bi-weekly (216.06 hours per year) 9.85 hours bi-weekly (256.10 hours per year) Six through fifteen years of service - Sixteen years + B. A full-time employee can accrue up to 360 hours of personal leave. In all cases, employees must take a minimum ef.-8Q number of hours personal leave combined (sick and vacation) each fiscal year based on years of service as follows: Upon completion of one year & through five years of service - 80 hours Uoon comoletion of six years & throul!h fifteen years of service-120 hours Upon completion of sixteen years & over -160 hours To the extent the employee did not take 8Q the required number of hours personal leave combined (sick and vacation) as shown above ,up to 8Q the required number of hours will be automatically deducted from the employee's personal leave bank on September 30 each year unless the employee was absent during the fiscal year, thirty (30) forty-five (45) or more work days for verified sickness or injury. C. All personal leave over 360 hours on September 30 shall be reimbursed to the employee in the first pay period in December of each calendar year. D. i\n employee 'lIho does not use any personal leave within his/her year of service f{)r sick leave, shall recei'/e tV/O (2) additional personal leave days to be added to his/her personal leave accrual. SECTION 6. Amendment to Section 9.09. Section 9.09 of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number 99-12 is hereby amended to read as follows (with additions double-underlined and deletions stricken) : 006.236926.1 -5- 9.09 Personal Leave Due to Sickness/Injury A. Personal Leave due to sickness/injury which is not covered by the Family Medical Leave Act or the City STD or L TD Policy may be approved under same conditions as provided in Section 9.03 and 9.05(B). B. Many slight lllJunes and sickness may prohibit the performance of regularly assigned duties; however, there may be other duties that such employees may be able to perform. Providing the physician states that "light duty" work is acceptable, the employee may, at the City's option, report for assignment. Duties may be assigned as the health and condition of the employee permits only in cases where bona-fide jobs or duties are available. In addition, such assignments will be allowed only when the City determines that the employee can, in fact, be productively employed at "light duty. " C. In addition to the request and approval requirements of 9.03 and 9.05, if, and whenever, sick leave may appear to be abused, or where an employee consistently uses sick leave as it is earned, the employee claiming/requesting such sick leave may be required to furnish competent proof of the necessity for such absence. The City reserves the right in all cases of illness, or reported illness, to require the employee to furnish a doctor's certificate or other evidence satisfactory to the City. Abuse of sick leave privileges shall constitute grounds for disciplinary action up to and including termination. D. The City requires a doctor's release to return to work following surgery or use of three consecutive sick days for all employees except two consecutive shifts for Fire Department personnel on a Section 7 (k) schedule. E. Sick leave is a privilege and as stated above is not to be abused. SECTION 7. Amendment to Section 12.09. Section 12.09 of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number 99-12 is hereby amended to read as follows (with additions double-underlined and deletions stricken) : 12.09 Pay Upon Permanent Transfer 006.236926.1 -6- A. When an employee is permanently transferred into another job classification within the same pay grade, neither the employee's pay nor anniversary date shall be changed. B. When an employee is permanently transferred to a job classification in a different pay grade, a transfer into a job in a higher pay grade shall be treated as if it were a promotion under Section 12.06. C. When an employee for physical reasons, supported by documentation, is permanently transferred to a job classification in a different pay grade, a transfer into a job in a lower pay grade, which is not as a result of a disciplinary demotion, the employee shall receive the same pay rate but shall not exceed the maximum in the lower pay grade. D. When an emolovee is oermanentlv transferred to a iob classification in a different Day l!rade, a transfer into a iob in a lower pay grade shall be treated as if it were a demotion under Section 12.07. whether voluntary or involuntarv. exceot as orovided in Section 12.09 (C) above. SECTION 8. Amendment to Section 13.01. Section 13.01 of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number 99-12 is hereby amended to read as follows (with additions double-underlined and deletions stricken) : 13.01 Smokin2 Policy 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 oroducts (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. 006.236926.1 -7- 2. Smoking is 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 includinl! 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. SECTION 9. Amendment to Section 13.05. Section 13.05 of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number 99-12 is hereby amended to read as follows (with additions double-underlined and deletions stricken): 13.05 Group Medical, Dental/Vision, 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 orovided. coverages. and employee oremium 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 -8- 006.236926.1 dependent coverage through payroll deductions, which shall be determined durinl! each annual budl!et. However. all emoloyees hired on or after 10/1/01 shall be resoonsible for 100 % of the oremium for deoendent 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 certain 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. SECTION 10. 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 11. Conflicts. All ordinances and resolution, or parts of ordinances and resolutions, in conflict herewith are hereby repealed and rescinded. SECTION 12. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this .21lmday of NOVEM.aS. A. ,2001. 006.236926.1 -9- ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVEDASTOFORMA~ LEGALITY thi~ day of IU<:V~~I. :~LEY &~r tdlJ City Attorney 006.236926.1 APPROVED: ADVERTISED November 8, 2001 READ FIRST TIME November 6, 2001 READ SECOND TIME AND ADOPTED )J D 1/ b-/It If6-/., .j() , 2001 ~ UNDER AGENDA ITEM NO. V' L. ~ ~ -10- City of Ocoee General Employees Pension Board 150 N. Lakeshore Drive Ocoee, Florida 34761 Tom Ison, Chairman Pat Cornell, Trustee John Vogt, Trustee Mike Miller, Trustee Bob Smith, Trustee/ Secretary Memorandum TO: Jean Grafton, City Clerk FROM: Tom Ison, General Employees Pension Board Chairperson (12 NAV 9 2: 1313 f'M RE: Proposed Ordinance - $100 Supplement Benefit DATE: May 9, 2002 CC: Trustees; Pat Cornell, John Vogt, Bob Smith, Mike Miller On May 8,2002, the General Employees Pension Board held it's quarterly meeting. During this meeting the above proposed Ordinance was discussed at length and it has been resolved that the proposed ordinance is to be abandoned for the following reasons; (1) The premises for the text of the $100.00 supplemental benefit is not in the best interest of the employees or the City of Ocoee at this time; (2) Alternative benefit plans will be introduced to the General Employees for approval and adoption at a later time; and once an actuarial report has been obtained from Foster and Foster. In consideration of the above determinations, it is the declaration of this board to remove this proposed ordinance and its request for approval off of the City Commission Agenda permanently.