HomeMy WebLinkAboutOrdinance 99-12
ORDINANCE NO. 99-12
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO PERSONNEL RULES AND
REGULATIONS; REPEALING ORDINANCE NUMBER 93-
18 AS IT MAY HAVE FROM TIME TO TIME BEEN
AMENDED; ADOPTING AND APPROVING THE CITY OF
OCOEE PERSONNEL RULES AND REGULATIONS;
PROVIDING FOR SEVERABILITY; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to provide for the most
current personnel policies and regulations for the administration of personnel matters within
the City of Ocoee; and
WHEREAS, the City Commission of the City of Ocoee believes that it is important to
provide for the proper and equitable treatment of City Employees.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Short Title and Authority.
A. This Ordinance shall be known and may be cited as the "CITY OF OCOEE,
FLORIDA PERSONNEL RULES AND REGULATIONS."
B. The City Commission of the City of Ocoee has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida
Statutes.
SECTION 2. Repeal of Ordinance Number 93-18 As Amended. City of Ocoee
Ordinance Number 93-18 as it may have from time to time been amended and all other
ordinances adopting personnel rules and regulations are hereby repealed in their entirety.
006.127377 .2
SECTION 3. Adoption of City of Ocoee. Florida Personnel Rules and Regulations.
The City Commission of the City of Ocoee, Florida, hereby adopts and approves the CITY OF
OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as set forth in Exhibit
"A" attached hereto and by this reference made a part hereof.
SECTION 4. 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 5. Conflicts. All ordinances and resolution, or parts of ordinances and
resolutions, in conflict herewith are hereby repealed and rescinded.
SECTION 6. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this 02...j day of M Ir-P..c.. ~
APPROVED:
,1999.
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVEDASTOFORM~,
LEGALITY this ~ day of ~,1999.
:~LEY & r;:Ee ~
City Attorney
ADVERTISED February 18 , 1999
READ FIRST TIME Fehrw'lry 1 h , 1999
READ SECOND TIME AND ADOPTED
k;... R.c. ..,. l , 1999
UNDER AGENDA ITEM NO. .EC 3
006.127377.2
-2-
EXHIBIT "A"
(City Of Ocoee, Florida Personnel Rules And Regulations)
006.127377.2
-3-
CITY OF OCOEE, FLORIDA
PERSONNEL RULES AND REGULATIONS
Ocoee
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ADOPTED BY THE CITY COMMISSION 03-02-99, ORDINANCE NO. 99-12
CITY OF OCOEE, FLORIDA
PERSONNEL RULES AND REGULATIONS
TABLE OF CONTENTS
SECTION
1
GENERAL PROVISIONS
I
1.01 Purpose and Reference
1.02 Positions Covered
1.03 Administration
1.04 Florida Statute 112.3135
1.05 Amendments
1.06 Department Policies
1.07 Collective Bargaining Agreements
I
1
2
2
3
3
4
SECTION 2
DEFINITION OF TERMS
5
SECTION 3
POLICY STATEMENT
8
3.01 Policy ofthe City
3.02 Equal Opportunity & Non-Discrimination
8
9
SECTION 4
STANDARD OF CONDUCT
10
4.01 Conflict ofInterest
4.02 Political Activity
4.03 Outside Employment
4.04 Solicitation and Distribution
4.05 Use of City Property
10
11
11
11
12
SECTION
5
APPLICANTS FOR EMPLOYMENT
13
5.01 Applicants for Employment
5.02 Basis for Employment
5.03 Notice of Vacancies
5.04 Veteran's Preference in Selection
5.05 Employment of Family Members
13
13
13
13
13
SECTION
6
TYPES OF APPOINTMENT AND CHANGES
IN EMPLOYMENT STATUS
15
6.01 New Employees, Probationary Period
6.02 Transfers
6.03 Promotions
6.04 Demotion
6.05 Reemployment
15
15
16
17
17
SECTION
7
HOURS OF WORK, WORK SCHEDULES AND
ATTENDANCE
19
7.01 Basic Work Schedule
7.02 Attendance
7.03 Overtime
7.04 Special Detail
7.05 Flex Scheduling
7.06 Call Out Pay
7.07 Call Outs In Civil Emergencies
7.08 Rest and Overtime after Sixteen (16) Continuous Hours
19
19
20
20
21
21
22
22
SECTION
8
HOLIDAYS
23
8.01 Days Observed
8.02 Eligibility for Holiday Pay
8.03 Police Department
23
23
24
SECTION
9
PERSONAL LEAVE
25
9.01 Eligibility
9.02 Use of Leave
9.03 Request for Leave
9.04 Request for Personal Leave - Vacation
9.05 Approval
9.06 Accrual of Leave
9.07 Charging of Leave
9.08 Payment - Unused Leave
9.09 Personal Leave Due to Sickness/Injury
25
25
26
26
26
27
27
28
28
SECTION
10
LEAVE OF ABSENCE
29
10.01 Bereavement Leave
10.02 Court Leave and Jury Duty
10.03 Conference Leave/Travel Policy
10.04 Military Leave
10.05 Family Medical Leave
10.06 Extended Employee Disability Leave
10.07 Short and Long Term Disability
10.08 Personal Leave Without Pay
29
29
30
33
34
38
39
40
SECTION
11
POSITION CLASSIFICATION PLAN
41
11. 01 Purpose
11.02 Use
11.03 Content
11.04 Administration
11.05 Position Control
41
41
41
42
43
SECTION
12
PAY PLAN & STARTING RATES
44
12.01 Purpose
12.02 Content
12.03 Administration
12.04 Starting Rates
12.05 Performance Salary Increases
12.06 Pay Upon Promotion
12.07 Pay Upon Demotion
12.08 Temporary Assignment Pay
12.09 Pay Upon Permanent Transfer
12.10 Overtime
12.11 Standby/Pager and Standby Pay
44
44
44
44
45
45
45
45
46
46
46
SECTION
13
MISCELLANEOUS POLICIES AND BENEFITS
49
13.01 Smoking Policy
13.02 Sexual and Other Illegal or Improper Harassment Policy
13.03 Employee Training and Development
13.04 Performance Evaluation
13.05 Group Medical, DentalNision, Life Insurance
13.06 Deductions
13.07 Pension Plan
13.08 Unemployment Compensation
13.09 Workers' Compensation
13.10 Death
13.11 Education Incentive Program
13.12 Dress and Appearance
13.13 Uniforms
13.14 Lockers, Desks & File Cabinets or Other City Equipment
13.15 Return of City Property
13.16 Furlough of Employees (Reduction of Work Hours)
13.17 DUI, DWI and Moving Traffic Violations
13.18 Cellphones
13.19 Information Systems/E-Mail Policy
13.20 Drug-Free Work Place
49
50
52
53
53
54
54
54
54
55
55
58
58
58
59
59
59
62
63
64
SECTION
14
SEPARATION
65
14.01 Types of Separation
14.02 Resignation
14.03 Retirement
14.04 Disability
14.05 Death
14.06 Reduction in Force (Layoff)
65
65
65
65
66
66
SECTION
15
DISCIPLINARY ACTION/TERMINATION
68
15.01 Intent
15.02 Notice of Disciplinary Action
15.03 Types of Offenses
15.04 Criminal Charges (Suspension)
68
69
69
73
SECTION
16
GRIEVANCE PROCEDURE
74
16.01 Purpose
16.02 Grievance Procedure
16.03 General Provisions
16.04 Demotion and Termination of Full-Time Employees
74
74
78
80
SECTION
17
RECORDS AND REPORTS
81
17.01 Responsibility
17.02 Records
17.03 Records Retention and Disposition
81
81
81
SECTION
18
SAFETY
82
18.01 Accident Prevention
18.02 Accident Reporting
18.03 Safety Equipment
82
82
83
SECTION 1
GENERAL PROVISION
1.01 Purpose and Reference
The purpose of these Personnel Rules and Regulations is to establish and make known to
all employees of the City the terms and conditions of employment for the City of Ocoee.
These Personnel Rules and Regulations may also be referred to as "PRR" or "Rules and
Regulations" .
1.02 Positions Covered
A. Exem1Jtions
These Rules and Regulations cover all employees in the municipal government
except they shall not apply to:
1. Mayor and City Commissioners;
2. Members of Boards and Commissions;
3. Persons employed under separate contract for employment executed by the
employee and the City Manager unless the contract specifies otherwise; or
4. Personnel employed under the provisions of a governmental program or
grant unless otherwise required by the program or grant.
B. Employees Other Than Full-Time
Temporary, casual, part-time and grant employees shall serve at the will and
pleasure of the City Manager and shall not be entitled to any benefits provided to
full time employees unless otherwise provided in a specific Article or Section of
the PRR or unless otherwise required by applicable law. Sections 15 and 16 shall
not apply to temporary, casual, probationary, contract, part-time employees, or to
grant employees unless the terms of the grant require otherwise.
C. City Manager
Absent mutual agreement between the City Manager and the City Commission to
the contrary, the City Manager shall serve at the will and pleasure of the City
Commission under mutually acceptable terms and conditions. The City Manager
shall be covered by the PRR, as provided by Ordinance 97-29.
1
1.03 Administration
A. City Manager
The City Manager is responsible for the day to day operation and administration
of the City, the employment, training and supervision of the City work force, and
the administration and enforcement of the PRR. The City Manager may adopt
procedural policies City wide or by Department to effectuate the administration
and enforcement of those PRR so long as they are not inconsistent with the PRR.
B. City Commission
Appointments and removals. Except as otherwise provided in this Charter or
under the laws of Florida and except for inquiries and investigations into the
affairs of the City, no member of the City Commission shall in any way deal with
or dictate the appointment or removal of any City officers or employees who are
subject to the supervision or control of the City Manager, or any subordinates of
the City Manager, or who the City Manager, or any subordinates of the City
Manager, is empowered to appoint; provided, however, that each member of the
City Commission shall be entitled to express such member's views pertaining to
the appointment and removal of such officers and employees and to fully and
freely discuss those views with the City Manager.
C. Other Managerial Emplovees
Superintendents, Department Directors, and Supervisors are responsible for the
administration of the PRR within their respective areas of responsibility under the
direction of the City Manager or the City Manager's designee.
1.04 Florida Statute 112.3135
A. "Public Official" means an officer, including a member of the Legislature, the
Governor, and a member of the Cabinet, or an employee of an agency in whom is
vested the authority by law, rule, or regulation, or to whom the authority has been
delegated, to appoint, employ, promote, or advance individuals or to recommend
individuals for appointment, employment, promotion, or advancement in
connection with employment in an agency, including the authority as a member of
a collegial body to vote on the appointment, employment, promotion, or
advancement of individuals.
B. "Relative," for purposes of this section only, with respect to a public official,
means an individual who is related to the public official as father, mother, son,
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
2
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-
in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half
brother, or half sister.
C. A public official may not appoint, employ, promote, or advance, or advocate for
appointment, employment, promotion, or advancement, in or to a position in the
agency in which the official is serving or over which the official exercises
jurisdiction or control any individual who is a relative of the public official. An
individual may not be appointed, employed, promoted, or advanced in or to a
position in an agency if such appointment, employment, promotion, or
advancement has been advocated by a public official, serving in or exercising
jurisdiction or control over the agency, who is a relative of the individual or if
such appointment, employment, promotion, or advancement is made by a
collegial body of which a relative of the individual is a member. However, this
subsection shall not apply to appointments to boards other than those with land-
planning or zoning responsibilities in those municipalities with less than 35,000
population.
1.05 Amendments
Amendments to the PRR shall be promulgated by the City Manager, reviewed by the
Personnel Board as provided in the City Charter and shall become effective upon
adoption by the City Commission. Copies will be posted on City bulletin boards and
distributed to all City employees. Each employee shall sign an acknowledgment upon
receipt of a copy of the PRR and any changes which acknowledgments shall be
maintained in the employee's personnel file.
1.06 Department Policies
A. Departmental policies and standard operating procedures will be reduced to
writing and submitted to and reviewed by the City Manager for approval.
B. Approved Departmental policies and standard operating procedures will serve as
supplements to these Rules and Regulations. In the event of conflict between a
Department policy or standard operating procedure, the PRR shall prevail.
C. Approved changes in departmental policies and standard operating procedures
shall be posted on the respective bulletin boards and distributed to the affected
employees. Each employee shall sign an acknowledgment upon receipt of a copy
of the Departmental policies and standard operating procedures and changes
thereto which acknowledgments shall be maintained in the employee's personnel
file.
3
1.07 Collective Bar!!ainiD!! A!!reements
In the event of a conflict between any provision of a collective bargaining agreement to
which the City is a party and a provision of the PRR, the applicable provision of the
collective bargaining agreement shall prevail.
Adopted: 3/2/99
4
SECTION 2
DEFINITION OF TERMS
Anniversary Date - The date an employee begins employment and from which all employee
benefits are computed.
At will - An employee "at will" serves at the will and pleasure of the City and has no expectation
of continued employment or in any position in City employment with the City of Ocoee.
City Manager - Shall mean the City Manager, or the City Manager's Designee, unless a specific
Article or Section makes the right, obligation or action identified therein exclusively the personal
right, obligation or action of the City Manager.
Demotion - Assignment of an employee for disciplinary reasons from one classification to
another which has a lower maximum rate of pay.
Discharge - Involuntary separation from City employment.
Employee -
1. Full-time employee is any employee who is non-probationary and who is assigned
a regular schedule of not less than forty (40) hours per week, or the regular full
time Section 7(k) schedule for employees covered by such a schedule in the Fire
Department.
2. Part-time employee is an at will non-probationary employee who is assigned a
regular schedule of less than forty (40) hours per week or less than a full time
Section 7(k) schedule in the Fire Department.
3. Probationary employee is an at will employee who is on the initial one year period
of time or any extension thereof provided to allow the City the opportunity to
evaluate the employee's performance, ability, and potential and to decide whether
or not the employee is to be retained.
4. Temporary employee is an at will employee appointed for a special project or
other work of a temporary or transitory nature.
5. Contractual employee is an at will employee employed for a specific task under a
contract approved by the City Manager.
5
6. Grant employee is an at will employee employed under a governmental grant or
contract approved by the City and is temporary unless the City specifically
otherwise classifies the employee or the grant requires otherwise.
FMLA - Family Medical Leave Act.
Furlough - is a temporary reduction of work hours and/or work week.
Grievance Procedure - The detailed procedure established in Section 16 of these Rules and
Regulations allowing full-time employees to process grievances as set forth in Section 16.
Job Description - A written description of illustrative but not all of the duties and responsibilities
for a particular job classification, position or assignment.
Leave - An approved type of absence from work as provided by these rules.
LTD - Long term disability.
May - The word "may" shall be interpreted as permissive.
Overtime - Unless otherwise provided in a specific part of these Rules and Regulations, actual
hours worked during a work period for which non-exempt employees receive additional
compensation in accordance with the Fair Labor Standards Act.
Performance Evaluation - A written report of an employee's job performance.
Promotion - Assignment of an employee from one classification to another which has a higher
maximum rate of pay.
Performance Review Date - The date for the Annual Performance Review of the employee,
which shall be the employee's anniversary date, except in the case of demotion, promotion and
permanent transfer, the Performance Review Date will be changed to the effective date of the
demotion, promotion or permanent transfer.
Reclassification - An official change in an individual job classification or individual job as a
result of significant modification of the current job duties, functions and/or responsibilities which
is designated by the City Manager as a reclassification.
Resignation - Voluntarily withdrawing from City employment.
Section 7(k) - Section 7(k) of the Fair Labor Standards Act.
Shall- The word "shall" will be interpreted as mandatory.
6
STD - Short term disability.
Transfer - Assignment from one job classification, position or assignment to another with or
without a change in pay grade.
Work Week - Unless changed by the City Manager, the normal work week is five (5) days in a
seven (7) consecutive day period for full time employees except those employed in the Fire
Department.
Adopted: 3/2/99
7
SECTION 3
POLICY STATEMENT
3.01 Policy of the City
The City retains the right to expect from its employees compliance with all Personnel
Rules and Regulations, State Statutes, and Federal Regulations in the performance of
duties, as well as compliance with all safety rules and standards. An employee who
violates any of the Rules and Regulations or approved departmental rules or whose
performance is unacceptable shall be subject to disciplinary action and/or termination.
In accordance with applicable laws, regulations, and provisions of the Personnel
Management System, but not limited to the following, the City has the right to:
determine the organization of City Government;
determine the purpose of each of its units;
exercise control and discretion over the organization and efficiency
of operations of the City;
set standards for services to be offered to the public;
manage and direct the employees of the City;
hire, examine, classify, promote, train, transfer, assign, schedule
and retain employees in positions with the City;
suspend, demote, discharge, or take other disciplinary action
against employees subject to these rules;
increase, reduce, change, modify, or alter the composition and size
of the work force, including the right to relieve employees from
duties, or furlough employees from duties, because of lack of
work, funds, or other legitimate reasons;
determine the location, methods, means and personnel by which
operations are to be conducted, including the right to contract and
subcontract existing and future work;
8
determine the number of employees to be employed by the City;
establish, change, or modify the number, types and grades of
positions or employees assigned to an organization, unit,
department or proj ect;
establish, change, or modify duties, hours of work, tasks,
responsibilities, or requirements within job descriptions in the
interest of efficiency, economy, technological change, or operation
requirements;
take or refuse to take any action allowed by or not prohibited by
law for the purpose of attempting to promote the efficient
operation of the City government;
take or refuse to take any actions allowed as well as actions not
prohibited by law.
City employees shall have the right to be represented by an employee organization of
their own choosing or to refrain from so doing in accordance with Florida Statutes
Chapter 447.
Employees of the City shall not engage in any strike, slow-down, work stoppage or other
interference with work or violate Florida Statute Chapter 447.
3.02 Eaual Opportunity & Non-Discrimination
A. There shall be no illegal discrimination against any applicant or employee in
recruitment, examination, appointment, training, promotion, retention, or any
other personnel action because of race, color, creed, sex, sexual status, religion,
age, national origin, marital status, or legally recognized disability.
B. Employees and applicants for employment with a legally recognized disability
who are otherwise qualified, will be provided reasonable accommodation to fulfill
the essential functions of their job so long as such accommodation does not
constitute an undue hardship to the City.
Adopted: 3/2/99
9
SECTION 4
STANDARD OF CONDUCT
4.01 Conflict of Interest
To avoid misunderstanding and conflicts of interest which could arise, the following
policy will be adhered to by employees of the City. This policy includes but is not
limited to Chapter 112 of the Florida Statutes entitled "Public Employees - Code of
Ethics".
A. No public officer, employee of an agency, local government attorney, or candidate
for nomination or election shall solicit or accept anything of value to the recipient,
including a gift, loan, reward, promise of future employment, favor, or service,
based upon any understanding that the vote, official action, or judgment of the
public officer, employee, local government attorney, or candidate would be
influenced thereby.
B. Employees shall not use or attempt to use their positions to secure special
privileges or exemptions for themselves or others.
C. Employees shall not accept employment or engage in any business or professional
activity which they might reasonably expect would require or induce them to
disclose confidential information acquired by them by reason of their official
positions or that by nature of the employment give rise to a public perception of a
compromise of duties.
D. Employees shall not disclose confidential information gained by reason of their
official positions, nor shall they otherwise use such information for their personal
gain or benefit.
E. If any employees of the City are officers, directors, agents, or members of, or own
controlling interests in any corporation, firm, partnership, or other business entity
which is subject to the regulation of, or which has substantial business
commitments with the City, they shall file a statement to this effect according to
State Statutes.
F. Employees shall not transact any business in their official capacity with any
business entity of which they are an officer, director, agent, or member, or in
which they own a controlling interest, excluding civic, charitable, non-profit or
religious organization.
10
4.02 Political Activitv
A. No employees, officials, or other persons shall solicit, orally or by letter, or be in
any other manner involved in obtaining any assessments, contributions or services
for any political party from any employee during their hours of duty with the City.
B. Nothing herein contained shall be construed to restrict the right of the employees
to hold membership in and support a political party, to vote as they choose, to
express opinions on all political subjects and candidates, to maintain political
neutrality, to attend political meetings after working hours, or to campaign
actively during off-duty hours in all areas of political activity. Employee's off
duty political activities shall not be conducted in such a manner that they interfere
with the employee's job duties or the operations ofthe City government.
C. Employees who wish to accept or seek election or appointment to political office
shall request a leave of absence without pay upon indicating such intention by
formal declaration or other evidence of candidacy if they are seeking office for the
City of Ocoee.
D. The use of City of Ocoee equipment or vehicles for political purposes IS
prohibited.
4.03 Outside Employment
A. Employees are not restricted from engaging in other employment during their off
duty hours. However, City employment shall be considered the primary
employment and no employee may engage in outside employment which would
interfere with the interest of the City service. The City Manager, or hislher
designee, shall determine whether outside employment conflicts with the
employees employment with the City.
B. Employees sustaining injuries while engaged in outside employment are ineligible
to receive benefits under City Workers' Compensation on account of disability
resulting from outside employment.
C. Equipment of any nature, facilities, vehicles or property of the City shall not be
used by employees for outside employment.
4.04 Solicitation and Distribution
A. Employee contributions to recognized charitable organizations are purely
voluntary. No coercion of an employee to make contributions shall be permitted.
11
B. City employees are prohibited from soliciting any other employee of the City for
any reason including in support of or in opposition to any labor organization
during their working hours or the working hours of the employees sought to be
solicited under circumstances which interfere with their work or the work of other
employees or the efficient operations of the City.
C. City employees are prohibited from distributing any literature during working
hours or at anytime in any area where City work is performed under
circumstances which interfere with their work or the work of other employees or
the efficient operations of the City.
D. City employees are prohibited from posting any literature on City bulletin boards
designated as the Departmental Official Business Bulletin Board, which shall be
for Official City Business only.
E. Each Department will have a separate bulletin board for the use of employees;
provided the City Manager reserves the right to remove any materials the City
Manager or the City Manager's designee, determines is political, religious,
slanderous, vulgar, critical of any person or entity, controversial or otherwise
inappropriate subject only to applicable law.
F. City employees are prohibited from using any City equipment such as but not
limited to computers, typewriters, recorders or photo copy machines and paper for
purposes of distribution or solicitation for other than City business.
4.05 Use of Citv Property
Other than use of computers and E-Mail (which is covered by Section 13.19), Employees
shall not use City property, equipment, or vehicles except in the performance of official
duty, nor permit their use by an unauthorized person, either on or off duty. Employees
may be allowed to use vehicles to go to and from work or other equipment for
educational purposes with the permission of the City Manager or the City Manager's
designee.
Adopted: 3/2/99
12
SECTION 5
APPLICANTS FOR EMPLOYMENT
5.01 Applicants for Emplovment
All applicants shall be referred to the Human Resources Department for processing.
5.02 Basis for Emplovment
Employment with the City shall be based on qualifications, experience, skill, past work
record, ability, relevant education, attitude and other work-related factors.
5.03 Notice of Vacancies
All employees within the City who apply for a posted position shall have the right to an
interview before selection of the final candidate, if they meet the minimum requirements
of the job description, as determined by the Human Resources Director.
5.04 Veterans' Preference in Selection
Eligible veterans and spouses of veterans will be given preference in appointment as set
forth by the guidelines of the Veterans' Preference in Appointment and Retention in
Employment rules of the State of Florida.
5.05 Emplovment of Familv Members
A. In order to encourage a diverse and representative work force and to avoid the
risks of conflicts between family obligations, family loyalties and City business,
the City discourages but does not automatically prohibit members of the same
family from working for the City. Each situation involving employment of a
family member must be reviewed on its own merits. As a general guideline,
however, employees should know that the City will not allow the employment of
a family member in any situation where a conflict of interest exists or where
there is a substantial likelihood that a conflict of interest will arise; including
but not limited to such things as a relative working under the direct supervision
of another, one relative being responsible for the job performance evaluation of
another, one relative being directly involved in job actions with regard to another;
one relative is subject to learning confidential information about the other, the
relationship creates friction among co-workers or other City employees adversely
affecting City operations, or where one relative involves himself/herself in the
work related problems of the other. It is the obligation of all affected employees
13
to immediately advise the City Manager if a change in his or her situation occurs
or is anticipated which will result in his or her becoming related to another
employee so that the effect, if any, of the relationship to and on City operations
may be fully evaluated and appropriate action taken.
B. Family members under this subsection shall include any immediate family
member as defined in Section 10.01(B).
Adopted: 3/2/99
14
SECTION 6
TYPES OF APPOINTMENT AND
CHANGES IN EMPLOYMENT STATUS
6.01 New Employees. Probationary Period
A. A new employee may be hired as a full-time, part-time, temporary, contract or
grant employee as recommended by the Department Director and approved by the
City Manager.
B. New employee compensation will start at the beginning of the pay grade unless
otherwise approved by the City Manager.
C. Full-time employees will be on probation for one (1) year from the date of their
initial employment. One (1) year shall be 365 calendar days of continuous
uninterrupted employment. During the probationary period, they shall serve at the
will and pleasure of the City. After successful completion of the probationary
period, such employee's continued employment shall be subject to the terms and
conditions of the applicable Personnel Rules and Regulations.
D. Evaluation of Performance - During the probationary period the Department
Director shall coordinate with the supervisors concerning the employee's
willingness and ability to perform the job duties.
E. Dismissal During Probation - The Department Director must coordinate dismissal
of probationary employees with the Director of Human Resources and the City
Manager. The probationary employee does not have the right of administrative
appeal under Section 16, or otherwise.
6.02 Transfers
A. An employee may be transferred temporarily or permanently as recommended by
the Department Director and approved by the City Manager.
B. A transfer will not change the employee's anniversary date.
C. An employee temporarily assigned to a position in a higher pay grade is eligible
for temporary assignment pay as provided in Section 12.08.
D. When an employee is permanently transferred, he/she shall be paid in accordance
with Section 12.09.
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6.03 Promotions
A. Except when determined operationally necessary and efficient by the City
Manager, all full-time non-managerial vacancies will be posted on City bulletin
boards for five (5) working days.
B. Employees who wish to be considered for the vacancy must apply during the
posting period by signing the promotion bid list in the Office of the Director of
Human Resources.
C. While a selection is being made, the Department Director may utilize any
employee he/she determines meets the minimum qualifications for the job.
D. The Director of Human Resources shall evaluate all employees to determine who
meet the minimum qualifications to bid on a posted job vacancy and make a
recommendation for the promotion to the City Manager.
E. If after completing the interview and evaluation, the Department Director and the
Director of Human Resources determine that none of the bidders who met the
minimum qualifications for the job are sufficiently well-qualified for the job, they
shall so report to the City Manager.
F. In determining whom to promote from among qualified bidders, the City shall
consider:
1. Qualifications and ability to perform the job.
2. The employee's past work related experience with the City.
3. The employee's entire past performance.
4. Years of continuous service as a City employee.
When factors 1, 2 and 3 are relatively equal in the opinion of the Department
Director, or the Director's designee, the promotion shall be awarded to the
employee with the most years of continuous service with the City.
G. When it is determined that no employee meets the minimum qualifications for the
job, or the Department Director and the Director of Human Resources
recommends to the City Manager that based upon the interview and further
evaluation of the minimally qualified bidders, that no bidder is sufficiently
qualified for the position, the City shall fill the position in any way that it deems
appropriate.
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H. A promoted employee shall be paid in accordance with Section 12.06 and his/her
performance review date shall be changed to the effective date of the promotion.
In the event the employee has three (3) months or less to go for his/her annual
performance review the employee shall also receive the performance increase that
would have been due.
I. A promoted employee will serve a minimum of a six (6) month probationary
period or a maximum one (1) year as designated by the Department Director. If
the promoted employee does not successfully complete the probationary period in
that position, but his/her performance is otherwise satisfactory, the employee may
be returned to the position from which he/she was promoted with the approval of
the Department Director from which he/she was promoted. If the position from
which the employee was promoted is filled or the Department Director does not
approve the return, reasonable efforts will be made to place the employee in a
comparable position, if one is available, and if not, in another position that is
available within the City. If such a vacancy does not exist, the employee will be
laid off.
1. Upon approval of the City Manager, the promotional probationary period may be
waived for a full-time employee if the employee exhibited an overall above
operational performance record, a good attendance record and has no written
warnings or suspensions within the past year.
6.04 Demotion
Demotion is the temporary or permanent assignment of an employee from one
classification to another which has a lower maximum pay rate for disciplinary reasons as
set forth in Section 15.
A demoted employee's pay shall be determined in accordance with Section 12.07. The
employee's performance review date shall be changed to the effective date of the
demotion.
6.05 Reemplovment
A. An employee may at the option of the City be rehired.
B. Rehired employees are considered new employees.
C. Rehired employees shall serve a new probationary period of one (1) year. During
the probationary period, they shall serve at the will and pleasure of the City.
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D. Veterans will be shown preference in reemployment as set forth by the guidelines
of the Veterans' Preference in Appointment and Retention in Employment rules
of the State of Florida.
Adopted: 3/2/99
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SECTION 7
HOURS OF WORK. WORK SCHEDULES AND ATTENDANCE
7.01 Basic Work Schedule
A. The basic work schedule shall be forty hours (40) for full-time employees and an
average of one hundred fifty-nine (159) hours in a twenty-one (21) day work cycle
for Fire Department employees on a Section 7(k) schedule under normal
situations unless otherwise specified or scheduled by the City Manager or
Department Director to meet particular requirements of individual departments.
However, the City Manager may establish the basic work schedule and hours of
work best suited to meet the needs of the departments and the City to provide
proper service to the community. Nothing in these rules shall be construed as a
guarantee or limitation of the number of hours to be worked per week.
B. Except in the Police and Fire Department, which operates twenty-four (24) hours
a day, seven (7) days a week, the basic work schedule shall be from Monday
through Friday of each week unless otherwise specified or scheduled by the City
Manager to meet the particular requirements of the City or individual
departments. When the City Manager deems it necessary, work schedules may be
established in all departments other than on the basic Monday through Friday
schedule.
C. Lunch periods are scheduled at the discretion of the Department Director, or the
Director's designee.
7.02 Attendance
A. Each Department Director is responsible for the punctual reporting to duty by all
persons in the department.
B. All employees must report for duty at the scheduled time.
C. If an employee is unable to work for any reason, the employee must notify their
immediate Supervisor prior to the scheduled reporting time unless the employee
provides evidence satisfactory to the Department Director that he/she did not call
in for reasons beyond the control of the employee.
D. Excessive habitual or unjustified absenteeism or tardiness will result In
disciplinary action up to and including termination.
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7.03 Overtime
A. Non-exempt employees are to report all hours worked. Non-exempt employees
should not begin work before the beginning of their schedule or after the end of
their schedule without permission; however, if they do perform work before or
beyond their schedule, they are to report it as hours worked on their time sheet or
record. Overtime will be authorized or directed only when it is in the interest of
the City and is the most practicable and economical way of meeting workloads or
deadlines.
B. All non-exempt hourly employees, except employees on a Section 7(k) schedule
in the Fire Department, shall be paid time and one-half their regular hourly rate of
pay for all hours in excess of forty (40) in a work week.
C. Non-exempt employees in the Fire Department will receive overtime pay in
accordance with the Fair Labor Standards Act for all hours worked in excess of
one hundred fifty-nine (159) hours in a twenty-one (21) day work cycle.
D. For the purposes of overtime computation, sick leave, jury duty, annual military
leave and other absences from duty, whether paid or not, shall not be considered
as time worked; provided, however, paid holidays and paid personal leave used
for a scheduled vacation shall be considered as up to eight (8) hours of work. In
the Fire Department such time for employees on a Section 7(k) schedule shall be
counted as sixteen (16) hours worked.
E. Employees shall be required to work overtime when assigned unless excused by
supervision. An employee desiring to be excused from overtime work
assignments for good and sufficient reasons shall submit a request to the
immediate supervisor.
7.04 Special Detail
A. From time to time persons not in the employ of the City of Ocoee seek the
services of members of the Police and Fire Department to assist in special details
that are not a normal part of the regular day-to-day business of the City of Ocoee.
Assignment to special details is limited to full-time police officers and full-time
Fire Department employees for the performance of police or fire type functions.
All special detail assignments are made through the department and normally
occur during the employee's normal time off away from City property.
B. All special duty assignment opportunities shall be posted on the department
bulletin board and assignment to such duty will be made pursuant to departmental
S.O.P.
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C. While on special detail assignment, the employee remains an employee of the
City, shall be under the direct control and supervision of the employee's
departmental supervisor and shall perform only functions that he or she is directed
to perform or are considered the normal duties of a police officer or fire
department employee of the City of Ocoee.
D. Employees on special detail assignment shall be in a regular police or fire
department uniform, shall have full authority to act as a police officer or fire
department employee of the City of Ocoee and shall make an official record of all
incidents or events that would normally require such a report during regular duty.
E. Hours spent on extra duty assignment shall be paid by a separate City payroll
check and shall be covered by Workers' Compensation and other insurances.
However, rate of pay is based upon the contractual agreement made between the
City of Ocoee and the party asking for the extra duty.
7.05 Flex Schedulin!!
Flex scheduling or job sharing is a method by which employees share the same job. Each
employee must be able to perform all the functions of the job.
A. Flex scheduling may be approved by the City Manager within a department on a
case by case basis.
B. In the event flex scheduling is approved by the City Manager, the employees must
meet all attendance requirements as outlined in the Personnel Rules and
Regulations.
C. Abuses of flex scheduling may result in removal of the employee from flex
scheduling and/or disciplinary action when deemed appropriate.
7.06 Call Out Pay
Call Out Pay is provided to compensate non-exempt employees.
A. Employees called back to work after having completed their regularly scheduled
shift and left the City property or called out during a scheduled day off shall
receive Call Out pay. Call out pay applies only to work which is of an emergency
or unexpected nature and does not include scheduled overtime, or other scheduled
work beyond the employee's normal schedule.
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B. Any employee required to continue working after his/her regularly scheduled shift
shall be ineligible for Call Out Pay but eligible for compensation at the overtime
rate of pay pursuant to Section 7.03.
C. Call Out Pay shall be a minimum of two (2) hours. If the employee is required to
work for a period less than one and one quarter hours, the employee shall receive
two hours pay at the straight time rate. If the time worked is greater than one and
one quarter hours, the employee will be paid for the number of hours worked at
the overtime rate without regard to whether the normal overtime hours threshold
has been met.
D. The procedure for selection of employees for Call Out shall be in accordance with
a departmental policy approved by the City Manager; provided, however, an
employee may be excused from being subject to Call Outs if in the opinion of the
Department Director, with the approval of the City Manager, the employee has a
valid excuse for not being subject to call outs.
E. Department Directors and all salaried employees are not eligible for Call Out Pay.
When in the opinion of the City Manager the work load for these non-eligible
employees has become excessive because of the amount of time committed to
City business, the City Manager may at his/her discretion make arrangements
whereby these employees may take time off during the "normal" work period
provided said employee's services are not otherwise required.
7.07 Call Outs In Civil Emergencies
In the case of civil emergency declared by the City Manager, call out pay will be at time
and one-half (1 'li) for all hours worked without regard to whether the normal overtime
hours threshold has been met.
7.08 Rest and Overtime after Sixteen (16) Continuous Hours
Except for employees in the Fire Department on a Section 7(k) schedule, employees,
including an employee on standby, who has worked sixteen (16) or more consecutive
hours shall be paid time and one-half his/her regular hourly rate for all work after the
sixteen (16) hours until he/she gets eight (8) hours rest. Any portion of the eight (8)
hours of rest which is part of the employee's regular schedule shall be paid at the
employee's regular rate of pay. Rest time is to be considered hours worked for the
purposes of calculating entitlement to overtime but only if it is paid. Employees are
expected to report to work for their normal scheduled shift at the end of the rest period or
when the emergency is over.
Adopted: 3/2/99
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SECTION 8
HOLIDAYS
8.01 Days 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 1
January - Third Monday
May - Last Monday
July 4
September - First Monday
November - Fourth Thursday
November - Fourth Friday
December
December 25
Two (2) Personal Days/
One (1) Shift for Fire Department Section 7(k) Schedule Employees
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
Christmas Day
C. The City Manager will determine which departments or operations will be closed
in observance of the holiday.
8.02 Eli!!ibilitv for Holiday Pay
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.
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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.
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: 3/2/99
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SECTION 9
PERSONAL LEAVE
9.01 Elieibility
A. Only full-time employees will be allowed to accrue paid personal leave.
B. Full-time employees shall earn leave during their initial probationary period but
shall not be permitted to take same during the initial six (6) months of
employment unless authorized by the City Manager. Personal leave not taken by
a full-time employee who does not successfully complete the initial probationary
period shall be paid upon termination of employment.
9.02 Use of Leave
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 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.
25
9.03 Request for Leave
In order to ensure effective operational scheduling, personal leave other than as used for
vacations, should be requested as far in advance as possible but in no event less than one
(1) work day before the leave is to commence unless the failure to make a timely request
is determined by the City to be for a reason beyond the control of the employee.
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.
9.05 Approval
A. Personal leave must be approved in advance by the employee's supervisor or
Department Director. Timely requests for personal leave will be honored except
when the supervisor or Department Director determines it would adversely affect
efficient operation in the department.
B. In the case of unforeseen sickness or injury of the employee or an immediate
family member, the employee must advise his/her supervisor or Department
Director as soon as possible that he/she is going to be absent but not later than the
employee's scheduled reporting time unless prohibited from doing so for reasons
determined by management to be beyond the control of the employee. This
procedure shall be followed every day the employee is unable to work, unless this
requirement is excused by his/her immediate supervisor or Department Director.
Approval of the absence as personal leave with pay under this Section 9 will
26
require verification of the reason for the absence satisfactory to the Department
Director or Human Resources and may include a doctor's excuse.
C. Absences not approved under Section 9.04, or paragraphs A or B of this Section
will not be paid and will subject employees to disciplinary action under Section
15.
9.06 Accrual of Leave
A. Full-time employees earn personal leave as follows:
One through five years of service
Six through fifteen 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)
Sixteen years +
B. A full-time employee can accrue up to 360 hours of personal leave. In all cases,
employees must take a minimum of 80 hours personal leave combined (sick and
vacation) each fiscal year. To the extent the employee did not take 80 hours
personal leave combined (sick and vacation), up to 80 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) or more 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. An employee who does not use any personal leave within his/her year of service
for sick leave, shall receive two (2) additional personal leave days to be added to
his/her personal leave accrual.
9.07 Char!!in!! Leave
Personal leave time shall be scheduled and charged to the employee for the actual time
the employee is away from work, except for employees in the Fire Department on a
Section 7(k) schedule, personal leave will be charged at 66.67% of the time taken off
from the employee's shift.
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9.08 Payment - Unused Leave
A. Upon separation from City employment, employees shall be entitled to
compensation for any earned but unused personal leave.
B. All accrued personal leave of employees who die while in the service of the City
shall be paid to the spouse, designated beneficiary or estate of the employee.
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 LTD Policy may be approved under same
conditions as provided in Section 9.03 and 9.05(B).
B. Many slight injuries 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.
Adopted: 3/2/99
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SECTION 10
LEAVE OF ABSENCE
10.01 Bereavement Leave
A. Full-time employees other than those on a Section 7(k) schedule in the Fire
Department shall be granted time off with pay not to exceed three (3) consecutive
working days in the event of a death in their immediate family. Full-time Fire
Department employees on a Section 7(k) schedule shall be granted time off with
pay not to exceed one (1) shift or twenty-four (24) hours.
B. Immediate Family
Includes father, mother, son, daughter, brother, sister, grandparent, uncle, aunt,
first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandchild,
significant other or legal guardian.
C. Bereavement Leave shall not be charged to any other leave.
10.02 Court Leave and Jurv Dutv
A. Any employee attending court as a witness on behalf of the City of Ocoee or a
public jurisdiction recognized by the City of Ocoee or subpoenaed for jury duty
during their normal working hours shall receive full pay equal to their normal
work schedule for the hours they attend court. This time shall be charged as leave
with pay.
B. Employees who are plaintiffs or defendants will not receive pay, unless they are a
defendant based on their actions in their capacity as a City employee. Employees
who are subpoenaed as witnesses in private matters not involving the City, will
not receive pay.
C. Employees who are absent under this subsection for only a portion of a regular
scheduled workday shall report to their supervisor when excused or released by
the court to determine whether they are requested to return to work.
D. Any payment that an employee receives while on court leave with pay will be
given to the City. Per diem mileage received shall be retained by the employee.
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10.03 Conference Leave/Travel Policy
The following policy applies to all employees except the City Manager who, like the
Mayor, City Commissioners, City Attorney and members of Boards and Commissions
are covered by City Ordinance 93-20.
A. The City Manager may grant leave with pay, together with the necessary travel
expenses in order that employees may attend conferences, workshops and similar
events designed to improve their efficiency, if considered to be in the best interest
of the City. Leave and expenses will be recommended by the Department
Director subject to approval by the City Manager.
B. The need for City travel for which reimbursement may be claimed by employees
of the City of Ocoee is acknowledged. All such persons are eligible to travel for
the conduct of City business or to attend meetings and conferences for the benefit
of the City, at City expense, pursuant to proper authorization prescribed in these
Regulations.
1. The City Manager or his/her designee shall authorize travel for City
employees.
2. A travel expense report, issued by the Finance Department, which shall be
used by all travelers requesting payment or travel expenses shall be
completed and submitted to the Finance Department at least ten (10)
working days prior to payment date needed. The report will be filed
within fourteen (14) working days after completing the authorize travel.
3. All travel must be by a usually traveled route. If a person travels by an
indirect route for his/her own convenience, any extra costs shall be borne
by the traveler, and reimbursement for expenses shall be based only on
such charges as would have been incurred by a usually traveled route. The
method of travel will be designated by the City Manager, keeping in mind
the best interest of the City, the nature of the business, the number of
persons making the trip, the amount of equipment or material to be
transported, the length of the trip, and other pertinent factors. Air travel
shall be by tourist class, when practicable. Travel by private car when a
City vehicle is not available will be reimbursed at a rate per mile
established by the City. When travel is by public transportation, necessary
taxi, limousine, or car rental fares and parking fees are reimbursable, when
substantiated by receipts.
Employees who are assigned a City vehicle on a permanent basis and or
who receive a car allowance shall be reimbursed for gas only and not
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mileage, however, a gas receipt must be submitted to receive
reimbursement. Employees in this category shall only use a City vehicle if
their personal vehicle or assigned vehicle is inoperative at the time of
travel. An explanation must be submitted as to the reason why the vehicle
is inoperative and when the vehicle will become operative.
4. Reimbursement for lodging will be on the basis of actual cost of a single
occupancy, or occupancy shared with another City employee. Double
occupancy rate will be reimbursed if no single room is available.
5. If an employee is out of town for longer than one day, the employee shall
be allowed one personal call reimbursed per day providing the time limit
of that call is reasonable. No other personal calls are reimbursable.
6. Gratuities (tips) are recognized as a legitimate part of the cost of travel and
a proper charge against the City, when such expenses are necessary. All
payments of this type should be kept at the minimum.
7. Registration fees, including meals and other programmed affairs, are
reimbursable upon presentation of receipts. Meals will not be included if
the employee has requested per diem. See Section 10.03(B) (9) relating to
per diem.
8. While the City acknowledges that attendance and participation in
professional associated meetings constitutes a public purpose in relation to
the training and education of its employees, the City will reimburse the
cost of meals and attendance to such meetings only if it is established that
the meeting is for a professional and not social purpose and the fee for the
meal is at a standard per attendee. All travelers may be allowed for
subsistence the cost of meals determined by the Runzheimer Meal
Lodging Index. The Finance Department will provide a quarterly update
on the amounts to be reimbursed per the Runzheimer Meal Lodging Cost
Index. If the City the traveler is visiting is not listed on the Runzheimer
schedule, the nearest City on the schedule will determine the meal
reimbursement. No receipts are required; however, meal expenses for
employees exceeding the Runzheimer rate must be accompanied by a
receipt for reimbursement with an explanation. In the event exceeding the
rate is not approved, the employee will be responsible for the expense. In
the event the meals are provided at a conference or workshop and the
employee does not participate, the employee shall be allowed subsistence
determined by the index, accompanied by an explanation.
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9. Per Diem is an alternative to reimbursement for lodging and meals. A
traveler may receive $50.00 per day which will include lodging and meals
(tips included). Per Diem is allowed only for trips overnight or longer
away from the immediate area. Mileage, tolls and other appropriate
expenses approved by the City Manager shall be reimbursable and must be
accompanied by receipts. No receipts are required for meals or lodging.
10. All travelers who accompany a City employee or City official who has an
authorized City credit card and the credit card holder pays for meals and
other expenses with the credit card the employee or official shall not be
eligible for reimbursement for those expenses paid by the credit card. The
credit card holder must list all expenses incurred on the Travel Expense
Report and the names of the employees and officials for whom the
expense was incurred. All expenses incurred on the authorized City credit
card are governed by Section 10.03 in its entirety.
11. Any other necessary expense not otherwise provided, incurred for the
benefit of the City, together with receipts and explanations thereof, should
be claimed on an individual basis by completing the necessary travel form
which must be approved by the City Manager. In the event the expense is
not approved, the employee will be responsible for payment of the
expense.
12. Employees must obtain travel advances when approved by the City
Manager. The necessary travel form must accompany the request. All
advances shall be accounted for within seven (7) working days after
completion of the authorized travel.
13. The City will not reimburse for travel, meals or expenses for spouse and
family. Reimbursement is limited to the traveler.
14. While entertainment on behalf of the City, under certain circumstances
and conditions, clearly meets a public purpose, these instances require
prior approval by the City Manager, of the nature, purpose, and anticipated
cost of entertainment, before it is undertaken with public funds. In
instances where prior approval is granted, it is specifically required that
the nature of the entertainment, those present and brief summary of the
business discussed must be provided for inclusion in the Travel Expense
Report.
15. When the City agrees to reimburse a job applicant for hislher expenses to
come to an interview (air faire, vehicle mileage, tolls, taxi fare, hotel and
32
meals) the meal allowance applied will be consistent with, and no greater
than, the existing City travel policy.
16.
When the City's consultant agreement provides for
reimbursement, meal allowance related to those expenses
consistent with, and no greater than, existing City travel policy.
expense
will be
17. All Travel Expense Reports must be completed as stated in 12 above. In
the event the employee fails to complete the necessary report, the
employee shall not be reimbursed by the City and shall be responsible for
all expenses incurred.
10.04 Military Leave
A. Regular employees who are commissioned reserve officers or reserve enlisted
personnel in the United States military or naval services or members of the
Florida State National Guard, shall be entitled to leave of absence from their
respective duties without loss of pay, time, or efficiency rating, for such time as
they shall be ordered to military service or field training in an active duty or active
duty for training status, for a period not to exceed seventeen (17) days in anyone
annual period.
B. The employee shall be required to submit an order or statement from the
appropriate military commander as evidence of any such duty. Such order or
statement must accompany the formal request for military leave at least two (2)
weeks in advance.
C. Regular employees who are members of the Armed Forces Reserve or Florida
National Guard shall be excused from work without pay to attend inactive duty
training drills as required. Evidence of membership in the applicable organization
shall be provided to the department by the employee. Requests for absences from
work can be made by the employee either orally or in writing. The submission of
the applicable Reserve or National Guard training schedule will satisfy this
requirement. Except upon declaration of civil emergency conditions, if there is a
conflict between departmental scheduling and required military training, the
department will make every effort to excuse the employee from work.
D. In the event an employee is drafted into military service, the employee will be
eligible for reemployment with the City upon completion of military obligation in
accordance with applicable law.
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10.05 Family Medical Leave
A. Eligibilitv and Reasons
Employees who have worked for the City for at least twelve (12) months and at
least 1,250 hours during the preceding twelve (12) months may take up to twelve
(12) weeks of unpaid leave for the following reasons:
1. The birth of a son/daughter of an employee and to care for the child;
2. The placement of a son or daughter with an employee for adoption or
foster care;
3. In order to care for the employee's spouse, child or parent who has a
serious health condition;
4. A serious health condition which renders the employee unable to perform
the functions of the employee's position.
Son or daughter means a biological, adopted or foster child, a stepchild, a legal
ward, or a child of a person standing in loco parentis, who is (a) under 18 years of
age; or (b) 18 years of age or older and incapable of self care because of a mental
or physical disability.
B. Serious Health Condition
A "serious health condition" means an illness, injury, impairment, or physical or
mental condition that involves either: (1) in-patient care (i.e., an overnight stay) in
a hospital, hospice, or residential medical care facility, including any period of
incapacity (for purposes of this policy defined to mean the inability to work,
attend school or perform other regular daily activities due to the serious health
condition, treatment therefore, or recovery therefrom), or any subsequent
treatment in connection with in-patient care; or (2) continuing treatment by a
health care provider.
C. Intermittent Leave
In the case of unpaid leave for a serious health condition, the leave may be taken
intermittently or on a reduced hours basis only if such leave is medically
necessary. If intermittent or reduced hours leave is required, the City Manager
may in his/her sole discretion temporarily transfer the employee to another job
with equivalent pay and benefits that better accommodates that type of leave.
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D. Verification
The City will require that an employee's leave to care for the employee's seriously
ill spouse, son, daughter, or parent, or due to the employee's own serious health
condition that makes the employee unable to perform one or more of the essential
functions of the employee's position, be supported by a certification issued by the
health care provider of the employee or the employee's ill family member.
In accordance with u.s. Department of Labor rules, the City may request, at the
City's expense, a second or third health care provider's opinion for leave taken
because of a serious health condition. The City may also require subsequent
recertification from the employee's health care provider on a reasonable basis, in
accordance with Department of Labor rules, which normally will not be more than
every thirty days. No second or third opinion may be required upon
recertification.
E. Children
In the case of unpaid leave for the birth or placement of a child, or foster care,
intermittent leave or working a reduced number of hours is not permitted unless
both the City Manager and employee agree.
F. Spouses
Ifboth spouses work for the City, the combined leave shall not exceed twelve (12)
vveeksiftheleaveistaken:
1. for birth of the employee's son or daughter or to care for the child after
birth;
2. for placement of a son or daughter with the employee for adoption or
foster care, or to care for the child after placement; or
3. to care for the employee's parent with a serious health condition.
G. Health Insurance Premiums
1. During FMLA leave, the City will continue to pay its portion of the health
insurance premiums and maintain the employee's coverage under the
health plan in the same manner as if the employee had been continuously
employed during the entire leave period provided the employee continues
to pay his or her share of the premiums.
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2. Should the employee fail to continue to pay his or her share of the
premium, notices of proposed insurance cancellation and the opportunity
to pay the premium as required by the FMLA will be provided before the
cancellation.
3. Employees will be advised well in advance of any changes in premiums so
they will have ample opportunity to make arrangements to continue to pay
their share of the premiums during the FML. To avoid required
reimbursement, appropriate certification from a health care provider may
be required if the employee does not return to work because of a serious
health condition.
4. If the employee does not return to work after the expiration of the leave,
the employee will be required to reimburse the City for its portion of
health insurance premiums, unless the employee does not return because
of the presence of a serious health condition which prevents the employee
from performing his or her job or circumstances beyond the control of the
employee.
H. Accrual
During FMLA leave, the FMLA does not require accrual of employment benefits,
such as vacation pay, sick days, seniority, etc. Accordingly, during FMLA leave,
accrual of benefits and seniority shall be on the same basis as for any other unpaid
leave of absence. Pension benefits will be determined in accordance with
Department of Labor rules. Employment benefits to which an employee may be
entitled on the day on which the FMLA leave begins will not be lost because of
such leave, except for those paid leave days substituted for leave taken under this
policy as described above. Upon return from FMLA leave, employees are entitled
to any changes in benefit plans not dependent upon seniority or accrual during the
leave period.
Employees will not be disqualified from bonuses based upon attendance or safety
for which they qualified prior to leave because of the taking ofFMLA leave.
I. Relationship To Paid Leave
1. Employees will be required to substitute accrued paid vacation or personal
leave for an equivalent portion of FMLA leave.
2. Employees will be required to substitute accrued paid sick/medical leave
for an equivalent portion ofFMLA leave for a serious health condition.
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3. To the extent the City does not provide paid sick/medical leave for a
condition covered by the FMLA, neither this policy nor the FMLA entitles
the employee to paid leave. However, under paragraphs (1) and (2) above,
paid leave and the FMLA leave will run concurrently.
4. Leave covered by workers' compensation will run concurrently with
FMLA leave when the reason for the leave is covered by the FMLA;
however, the City will allow the use of a paid leave under paragraphs (1)
and (2) to be used to supplement worker's compensation to the extent that
all compensation received by the employee from all sources, including but
not limited to worker's compensation, LTD and STD, does not exceed the
employees straight time regular wages each week.
J. Return From FML
With the exception of certain key employees, employees who return to work from
family leave of absence within or on the business day following the expiration of
the leave are entitled to return to their job or an equivalent position with
equivalent benefits, pay and other terms and conditions of employment.
Designation of key employee status and whether such status will affect the
employee's right to reinstatement will be made at the time the employee requests
leave, or at the commencement of leave, whichever is earlier, or as soon as
practicable thereafter if such determinations cannot be made at that time.
K. Application
Applications by the employee for family leave must be submitted in writing at
least thirty (30) days before the leave is to begin if the need for the leave is
foreseeable based on an expected birth, placement for adoption or foster care, or
planned medical treatment for a serious health condition of the employee or of a
family member. If thirty (30) days notice is not practicable, such as because of a
lack of knowledge of approximately when leave will be required to begin, a
change in circumstances, or a medical emergency, notice must be given as soon as
practicable.
L. Counting FMLA Leave
To the extent allowed by law, in the event an absence is for a reason covered by
the FMLA, the City reserves the right to count it as FML whether the employee
has applied for it or not. When this occurs, the employee will be notified.
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M. Coordination
Absences due to sickness or injury, whether paid or unpaid, including absences
for work-related sickness or injury that are also covered by the FMLA will be
considered as FMLA leave.
N. Employee Obligations
During FMLA leave, employees must periodically report on their medical status
and intent to return to work. Upon taking such leave, the employee will be
advised of the reporting requirements. When the employee gives unequivocal
notice of his/her intent not to return to work, the employment relationship will be
terminated, and the employee's entitlement to continued leave, maintenance of
health benefits, and reemployment will cease.
O. Medical Evidence Upon Return To Work
All employees of the City whose FMLA leave was taken because of the
employee's own serious health condition must obtain and present certification
from the employee's health care provider that the employee is able to resume work
before the employee will be allowed to return to work.
P. Failure To Cooperate
Employees who fail to provide the information that the City is allowed by law to
require the employee to provide, may have their leave delayed and be subject to
discipline up to and including discharge.
10.06 Extended Employee Disability Leave
A. Disabilities caused or contributed to by pregnancy, childbirth or related medical
conditions will be treated the same as disabilities caused or contributed to by other
medical conditions.
B. A full-time employee who is unable to work due to bona fide medical reasons,
including pregnancy or childbirth, will be granted, upon request, an extended
leave of absence without pay for up to twelve (12) weeks and up to an additional
twelve (12) weeks when the reason for the absence is covered by the FMLA and
the FMLA leave has been exhausted.
C. Except in cases of emergency, the employee will become eligible for such a leave
of absence when the employee's doctor certifies that the employee is unable to
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perform duties due to his/her medical condition. The City retains the right to
require the employee to submit to another medical examination at the City's
expense to verify the employee's inability to work and to determine whether an
emergency existed justifying a leave without prior approval.
D. The employee will utilize any accrued and unused personal leave while out on
extended disability leave. While on the leave of absence, however, an employee
will not accrue any additional vacation or sick leave or any other benefit.
Employees are not required to exhaust their personal leave bank before STD or
L TD payments under Section 10.07 begin.
E. The employee shall be required to return to work not later than the last day of the
leave granted, unless prior to that time, the employee has obtained permission
from the City Manager to extend the medical leave or has applied for and been
granted additional time off as allowed by these rules.
F. The employee shall be entitled to return to the job left provided the employee is
physically and mentally able to perform all the functions of the job with or
without reasonable accommodation. The employee must submit a medical release
or statement satisfactory to the City from his/her doctor in order to return to work.
G. The medical plan insurance shall be continued while on extended disability leave
under this subsection, provided the employee pays the employee portion of the
premIUm.
H. The extended disability leave shall not exceed twelve (12) working weeks unless
the City in its discretion decides otherwise.
I. The extended disability leave is granted to full-time employees only and for their
own personal disability and may not be used for care of family members. For
medical leave relating to family members Section 10.05 shall apply.
10.07 Short and Long Term Disability
A. The City currently makes available both a short term (STD) and a long term
disability (L TD) policy for most full-time employees, however, continuance or
modification ofSTD and/or LTD is at the option of the City Commission.
B. Certain employees in the Fire and Police Departments become ineligible to
participate in the City STD and LTD after completing ten (10) years of
continuance service in those departments where they then become covered by
another plan. They will be notified by HR when they are switched from one plan
to the other.
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C. Requests for STD and L TD should be made with HR. All decisions with the
eligibility for and payment of benefits are made by the STD and L TD insurance
camers.
D. A booklet explaining the STD and LTD policies which is published by the
insurance carrier as well as the STD and L TD policies are available at HR upon
request. To the extent anything set forth in this Section is inconsistent with the
STD or L TD policies, the policies shall take precedence.
10.08 Personal Leave Without Pay
A. Leave of absence without pay for a permanent employee may be granted for a
period not to exceed six (6) working weeks upon approval by the City Manager.
B. If the employee does not return to work, the employee's termination date for all
purposes will be the last day of actual work with the City.
c. Vacation or sick leave shall not be earned by an employee for the time the
employee is on leave of absence without pay.
D. All benefit plans provided the employee must be continued while on personal
leave of absence by payment of the employee's portion and the City's portion by
the employee.
E. Personal leave without pay provides leave for other than medical necessity.
Adopted: 3/2/99
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SECTION 11
POSITION CLASSIFICATION PLAN
11.01 Purpose
The Position Classification Plan provides a systematic arrangement and inventory of City
positions. The Plan groups the various positions into job classifications or titles based on
the range of duties, responsibilities, training, knowledge, skills, experience, education
and other job related factors.
11.02 Use
The Position Classification Plan will be used to:
A. Prepare job announcements and content in conjunction with the job description.
B. Standardize salaries to be paid for the various job classifications.
C. Establish lines of promotion and career ladders.
D. Provide uniform job terminology.
11.03 Content
The Position Classification Plan consists of:
A. A grouping of job classifications or titles in pay grades based on approximately
equal skill, job knowledge, difficulty and responsibility, and other qualifications.
B. A job classification or title which is used on all personnel, accounting, budget,
and official records.
C. Job descriptions for each job classification or title describing major job functions
and responsibilities, the minimum qualifications, training, knowledge, skills,
experience, educational requirements, illustrative duties, and other job related
considerations for each job. Job descriptions do not, however, attempt to list all
the duties that may be assigned to a particular job classification or employee.
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11.04 Administration
A. The Director of Human Resources is charged with maintenance and periodic
updating of the Position Classification Plan, under the direction of the City
Manager, so that it will reflect the duties and responsibilities of each job
classification or title and to assist in ensuring their proper placement within the
pay grades of the Pay Plan.
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B. When a new position is established, the Director of Human Resources,
coordinating with the responsible Department Director, shall prepare a
recommended job description and recommend its placement in a pay grade in the
Pay Plan for approval of the City Manager and the City Commission.
C. Revised job descriptions may result from:
1. A periodic job audit conducted by the Director of Human Resources.
2. A written request from a Department Director to perform a job audit on a
position within his/her department.
3. A written request from an employee to audit the job classification or title
which he/she holds.
4. A directive to conduct a job audit from the City Manager.
D. A written request for a job audit from a Department Director or an employee shall
include a completed Job Description Questionnaire which shall describe in detail
the reason for the request and specifically describe the duties and responsibilities
sought to be added to, deleted from or modified in the then current job
description.
E. The Director of Human Resources and his/her staff shall carefully consider the
recommendations of the Department Director in which the job is located or is to
be located, complete the job audit and recommend:
1. Whether the job description shall be changed, and if so, how.
2. Whether a job classification should be reclassified to a different pay grade
based on substantially increased, decreased or modified requirements as to
job duties, responsibilities, skills, experience, educational requirements or
other job related factors.
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3. When a reclassification is recommended, a job description for the job to be
reclassified, and the pay grade into which the reclassified job should be
placed.
4. An effective date for any change In a job description and/or a
reclassification.
F. The recommendations of the Director of Human Resources shall be submitted to
the City Manager for review and approval, rejection or modification. If and as
approved, the recommendations shall be submitted to the City Commission for
final approval.
11.05 Position Control
All positions in the City are established and maintained through a personnel budget each
fiscal year in accordance with budget and accounting procedures. The establishment of
new or additional positions will be accomplished at the discretion of the City Manager in
accordance with established budgetary constraints.
Adopted: 3/2/99
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SECTION 12
PAY PLAN & STARTING RATES
12.01 Purpose
The Pay Plan, which is directly related to the Position Classification Plan, is the basis of
compensation for employees and is designed to attempt to reflect:
A. Relative difficulty and responsibility between jobs.
B. Competitive rates of pay for similar types of work in public employment in the
labor market where the City recruits for employees.
C. Economic conditions of the job market area.
D. Economic conditions of and funds available to the City.
E. Financial policies of the City.
F. Other business and operational considerations.
12.02 Content
A. The Pay Plan includes a Salary Schedule for each job classification or title in the
Position Classification Plan as adopted by the City Commission.
B. The Pay Plan Salary Schedule includes pay ranges for each pay grade.
12.03 Administration
A. The City Manager shall be responsible for the administration of the Pay Plan.
B. Amendments to the Play Plan may be recommended by the City Manager for any
good reason, including but not limited to a reclassification, change in a job
description, to attract qualified applicants, to provide competitive rates of pay, or
for other pertinent economic, business or operational considerations.
12.04 Starting Rates
A. The minimum salary established for a job classification or title is the normal
starting rate for a new employee.
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B. Starting rates that are above the minimum salary may be authorized by the City
Manager if the selectee's training, experience, or other qualifications are
substantially above the minimum required for the position, or for other legitimate
economic or operational reasons.
12.05 Performance Salary Increases
A. Employees receive a formal Job Performance Evaluation each year based on their
performance review date.
B. During the budgetary process, the City Commission will determine whether
employees will be eligible for a merit increase in conjunction with their annual
Job Performance Evaluation, and, if so, what the eligibility requirements will be
and the formula for determining the amount of the wage increase.
C. In the past, when the City Commission has approved merit increases, the City
Commission has generally restricted merit increases to employees with an overall
evaluation of "above operational" or better, and employees should keep this in
mind in attempting to ensure they are eligible for performance wage increases
should the City Commission approve same.
D. In the event that an employee receives two (2) or more written warnings or any
suspension during the performance evaluation period, the employee shall not be
eligible for a merit increase regardless of whether the employee has an overall
evaluation of "above operational" or better.
12.06 Pay Upon Promotion
Upon promotion, the employee will receive the entry level for the pay grade into which
he/she is promoted, or five percent (5%) above his/her rate before the promotion,
whichever is greater. All increases are subject to budgetary constraints.
12.07 Pay Upon Demotion
Upon demotion, the employee's pay shall be set within the range of the pay grade of the
job into which he/she is demoted, but his/her pay rate shall be at the same level in the
range of the pay grade to which he/she is demoted as he/she held in the range of the pay
grade from which he/she was demoted.
12.08 Temporary Assi!!nment Pav
When an employee is temporarily assigned to a position in a higher pay grade, the
employee shall receive a minimum increase of five percent (5%) or entry level into the
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pay range of the temporary assignment, whichever is greater. The temporary assignment
must be for a minimum period of two (2) consecutive weeks (10 consecutive working
days) or five (5) consecutive shifts for Fire Department employees in order to qualify for
the higher pay, and once the threshold is met the employee shall be paid from the first
hour of work in the position. In the case of all other temporary assignments, the
employee shall continue to receive his/her regular rate of pay.
12.09 Pav Upon Permanent Transfer
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 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.
12.10 Overtime
Overtime compensation shall be paid in accordance with Section 7.03.
12.11 Standby/Pa~er and Standbv Pay
A. Standby assignment is a method of providing coverage for certain City services
during off-duty hours, which includes nights, weekends, holidays, and other off-
duty time. The name and number of employees on standby in each Department
must be approved in advance by the City Manager. The City Manager may
excuse from or disapprove of the use of a particular employee for standby for
operational reasons.
B. Employees assigned to standby shall carry a pager for the entire time period
he/she is on standby. Exempt employees may be on Pager Assignment as
directed by the Department Director but shall not receive any additional
compensation.
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C. An employee on Standby may be contacted by available telephonic or electronic
communications system, however, the employee still must have hislher beeper at
all times the employee is on standby.
D. The Department Director will seek volunteers for standby whenever possible,
consistent with equitable distribution of standby assignments, from among those
employees the Director determines to have the skill and ability needed for the
work involved. In the event there is an insufficient number of qualified
volunteers, all employees the Department Director determines are qualified to
perform the work will be required to be on standby under the Departmental Policy
on standby unless excused by the Director on a temporary basis because of a
serious personal problem.
E. In the event any employee who is on standby and fails to respond to a call to
work, that employee shall forfeit standby pay, and shall be subject to disciplinary
action.
F. While an employee is on standby or pager assignment it does not mean the
employee has to stay at home; however, it does mean that the employee must be
within a reasonable response distance to the City, and the employee must respond
to the beeper by phone immediately. The Department Director shall be
responsible for determining appropriate response time.
G. While an employee is on standby alcoholic beverages may not be consumed. The
consumption of alcoholic beverages while on standby assignment may result in
termination.
H. The method of standby compensation shall be as follows:
1. employees shall be paid $10.00 per day for each day of standby
assignment.
2. employees scheduled for standby who report off sick for work during the
course of their normal work schedule shall be removed from standby for
each day they report off sick and shall not receive standby pay.
3. employees on vacation shall not be allowed to be on standby assignment
or pager assignment.
4. standby pay is not considered as hours worked for the purpose of overtime
pay eligibility.
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5. in the event the employee on standby is called out, the employee will be
paid in accordance with Section 7.06 in addition to the $10.00 standby
pay.
I. Employees on standby may, with prior approval of the Department Director,
arrange a substitute for the entire period of the standby assignment. In the event
of approval by the Department Director, the approved substitute shall receive the
standby pay.
J. Department Directors shall provide the Human Resource Director with a list of
the employee's who actually were on standby, and those who were called in off
standby along with the hours they worked.
Adopted: 3/2/99
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SECTION 13
MISCELLANEOUS POLICIES AND BENEFITS
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 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. Smoking is 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.
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 or to leave the building/facility area if
they refuse to do so.
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B. Intentional physical contact which is sexual in nature such as
touching, pinching, patting, grabbing, rubbing, hugging, or poking
another employee's body.
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.
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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.
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 Trainine 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.
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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
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. 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. 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. 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.
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13.06 Deductions
Federal Withholding, Social Security and Pensions are deducted from pay checks 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.
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.
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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
(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 Pro~ram
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.
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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.
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.
7. 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
56
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.
8. 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.
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 ifhe/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).
57
(1) Employees under this program shall not receive tuition advancement.
(2) Employees must obtain approval from the Education Committee for the
class prior to emollment if the employee is seeking reimbursement upon
completion ofthe class by the Education Committee.
(3) Employees shall not receive reimbursement for books or other equipment
required of the class. The costs shall be the responsibility of the
employee.
(4) 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.
(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 City Equipment
A. Employees may request a locker if available.
B. Employees must provide locks for lockers.
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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.
13.15 Return of City Prooertv
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 Furlou~h of Employees (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 Movin~ 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
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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 Dill, 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.
2. 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.
3. 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.
4. 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.
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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 Dill 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 Dill not
more than one time, may be considered for driving positions under the
same conditions as employees who have been removed from a driving
position because of a Dill 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. 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 seven 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
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employees by the City, the employee's official Florida State driving record
establishes that the employee does not have seven (7) 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) 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 seven (7) 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 are obligated to 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 cellphones 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
62
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.
13.19 Information Systems/E-Mail Policy
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 ofOcoee.
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",
63
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
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 Drug-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: 3/2/99
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SECTION 14
SEPARATION
14.01 Tvpes of Separation
Separations from positions in City service are designated as one ofthe following types:
A. Resignations
B. Retirement
C. Disability
D. Death
E. Reduction in Force (layoff)
F. Termination
14.02 Resi~nation
A. Employees wishing to resign from City service in good standing shall notify their
immediate Supervisor at least ten (10) working days before leaving. Failure to do
so may result in refusal by the City to consider any future request for re-
employment.
B. Absences from work for a period of three (3) consecutive working days without
notifying the immediate Supervisor will be considered as a voluntary resignation
and must be reported immediately to the City Manager.
14.03 Retirement
Retirement is a separation from the City. Each covered employee will be provided a copy
of the retirement plan. Additional copies may be obtained from the Pension Board.
14.04 Disability
An employee with a legally recognized disability, will be terminated from employment
under one or more of the following conditions:
A. The disability is covered by Workers' Compensation and
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1. The employee has been determined to have reached maximum medical
improvement, and has exhausted all available personal, FMLA, and
extended leave under Section 10.06, and there is no vacancy in the
employee's position or other position in the City the essential functions of
which the employee is otherwise qualified to perform with or without
reasonable accommodation and without undue hardship to the operations
of the City, or
2. The employee refuses to accept employment in a position it has been
determined the employee is otherwise qualified to perform the essential
functions of with or without reasonable accommodation and without
undue hardship to the operations of the City, or
3. The employee has been legally determined to be totally and permanently
disabled, or
4. The employee resigns his/her employment, or
5. The employee engages in conduct for which the employee would have
been terminated if the employee had no disability.
B. If the disability is unrelated to an illness or injury covered by Workers'
Compensation, Subsection A. above shall apply except a determination under
Subsection A.l shall not require a determination as to having reached maximum
medical improvement.
C. Determinations under this section shall be in compliance with Americans with
Disability Act and the Florida Civil Rights Act.
14.05 Death
Separation shall be effective as of the date of death.
14.06 Reduction in Force (LavofO
A. The City Manager may layoff employees when it is deemed necessary by reason
of shortage of funds or work, the abolition of positions, changes in duties or
organization, or any other legitimate operational reason.
B. The duties performed by any employee laid off may be reassigned to other
employees already working who hold positions in appropriate job classifications
or the work may be otherwise performed in a manner deemed in the best interests
of operational efficiency.
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C. When it becomes necessary to reduce the number of employees within a given
class, employees shall be laid off as follows:
1. Temporary and part-time
2. Probationary employees
3. Permanent employees
D. In determining which employees to layoff, the City shall (1) consider length of
service in the classification, (2) past job performance, and (3) ability to perform
the job. In the event two or more employees in the same classification are
considered to be relatively equal as to factors 2 and 3, the employee with the least
amount of continuous service in the job class shall be laid off.
E.
1.
Full-time employees laid off shall be given consideration for openings in
their classification or in other classifications which, in the opinion of the
City Manager, or his/her designee, the employee is qualified to perform
for up to six (6) months.
2. When openings arise within a job classification in which full-time
employees are on layoff from that classification, the City shall consider
them along with other qualified applicants.
3. The City shall fill the vacancy with the person determined by management
to be best qualified to perform the work; however, as between employees
of relatively equal ability to perform the work and performance records,
the person with longest service as a City employee in the class shall be
given preference. The City's obligation to so consider laid off full-time
employees shall terminate after the employee has been on layoff
continuously for six (6) months.
4. An employee called back to his/her old position within six (6) months
shall (1) have his/her years of service restored for all benefit purposes but
will not be given credit for the time on layoff, (2) not be required to serve
a new probationary period, and (3) shall be paid the same rate as when laid
off.
5. Paragraph EA. above shall apply to an employee called back to another
position within six (6) months, except he/she will be treated as if he/she
was transferred with respect to wages and probation.
6. Employees recalled after six (6) months shall be considered new
employees for all purposes, unless for business reasons the City Manager
decides otherwise.
Adopted: 3/2/99
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SECTION 15
DISCIPLINARY ACTION/TERMINATION
15.01 Intent
A. It is the intent of the City that effective supervision and employee relations will
avoid most matters which necessitate disciplinary action or termination for
violation of rules and other conduct which is unacceptable.
B. The City recognizes the fact that each situation differs in many respects from
somewhat similar ones. Thus, the City retains the right to treat each incident on
an individual basis without creating a precedent for other cases which may arise in
the future and to determine the appropriate discipline or termination on a case-by-
case basis.
The City recognizes the following types of disciplinary action:
1. Verbal warning
2. Documented verbal warning
3. Written warning
4. Suspension without pay
5. Demotion
6. Combination of the above
7. Termination
Exempt employees are subject to suspension without pay only for full work weeks.
C. Unlike demotion and termination of full-time employees which may only be for
just cause as provided in paragraph D below, all employees may be disciplined by
verbal warning, documented verbal warning, written warning, suspension without
pay, or combinations thereof for violation of offenses listed in Section 15.03 or
for any action or failure to act which in the opinion of the City Manager or his/her
designee adversely affects the ability of the employee and/or co-workers to
efficiently perform their job responsibilities and/or adversely affects the
efficient operation of the City government or any department, division, or area of
the City.
D. Full-time employees may be demoted or terminated for any reason set forth in
Section 15.03 as a Group I or Group II offense, or for any other just cause.
Section 15.03, Group I Offenses, provides recommended but not mandatory
penalties to apply to specific offenses; however, the penalty utilized shall be
discretionary with management and nothing herein shall require that a particular
68
form of discipline be utilized in any case prior to the utilization of another form of
discipline.
E. In addition to the offenses listed in Section 15.03 below, infraction of
departmental rules and regulations may subject the employee to disciplinary
action up to and including termination.
15.02 Notice of Disciplinary Action
A. Employees who are disciplined by verbal warning will have the reasons for said
warning explained by their supervisor.
B. In all cases of verbal warning with documentation, written warning, suspension
without pay, demotion, or any combination of same, the employee shall be
notified in writing of the action taken and a copy of such notice shall be retained
by the Human Resources Office for placement in the employee's personnel file.
C. The Department Director and/or designee shall coordinate all disciplinary actions,
including non-documented verbal warnings, with the Human Resources Office,
and shall notify the Human Resources Office of any verbal warnings given.
15.03 Types of Offenses
The two (2) groups of offenses and the guide for recommended penalties are set forth
below; however, the principles concerning application as set forth in Section 15.01 shall
apply:
GROUP I OFFENSES
First Offense
Second Offense
Third Offense
Fourth Offense
Documented verbal warning
Written warning
Up to ten (10) working days suspension without pay
Termination
(1) Operating, using, or possessing tools, equipment or machines to which the
employee has not been assigned.
(2) Performing other than assigned work.
(3) Quitting work, wasting time, loitering, or leaving assigned work area during
working hours without permission.
(4) Taking more than specified time for meals or rest periods.
69
(5) Unacceptable productivity or competence.
(6) Sleeping on the job unless authorized.
(7) Reporting to work or working while unfit for duty, either medically, mentally, or
physically, unless the condition is a legally recognized disability in which case the
absence must be excused.
(8) Posting or removal of any material on bulletin boards or City property relating to
Section 4.04(D) unless authorized by the City Manager.
(9) Violation of Sections 4.04(B), (C) or (E) relating to solicitation and distribution.
(10) Excessive tardiness.
(11) Excessive absenteeism, regardless of the reason.
(12) Violating a safety rule or safety procedure.
(13) Failure to report an accident or personal Injury in which the employee was
involved while on the job or in a City vehicle.
(14) Engaging in horseplay, scuffling, wrestling, throwing things, malicious mischief,
distracting the attention of others, catcalls, demonstrations on the job, or
disorderly conduct.
(15) Creating or contributing to unsafe and unsanitary conditions or poor
housekeeping.
(16) Failure to report the loss of a City identification card to the Department Director.
(17) Failure to keep the department and Human Resources Office notified of proper
address and telephone number.
(18) Failure to work overtime, special hours or special shifts after being scheduled
according to overtime and standby duty policies without a legitimate reason.
(19) Leaving work at the end of the scheduled shift without being relieved by the
supervisor or the relieving employee on the incoming shift, for those units
operating on a 24-hour basis.
(20) Gambling, lottery, or engaging in any other game of chance at City work stations
at any time.
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(21) Failure to report a request for information or receipt of a subpoena from a law
firm or an attorney for a matter relating to City business.
(22) Knowingly harboring a serious communicable disease which may endanger other
employees without advising the City.
(23) Violation of published City or Departmental policies, rules, standard operating
procedures or regulations.
(24) Use of tobacco products while on duty on or in City property except where
authorized to do so.
(25) Malicious gossip about the personal lives of co-workers or Commissioners on
City property or while on City time.
(26) Failure to complete employee Job Performance Reviews in a timely fashion.
(27) Improper use of E-Mail or the City Computer system.
GROUP II OFFENSES
First Offense - Up to termination
(1) Failure to meet prescribed standards of work.
(2) Violation of Florida Statute prohibiting public employees from participating in a
strike against a public employer.
(3) Incompetency, inefficiency, or negligence in the performance of duty.
(4) Conviction of a non-felony criminal offense or any felony, including DWI or
Dill.
(5) Unauthorized absences or abuse of leave privileges.
(6) Use of official position for personal advantage.
(7) Commission of any offense described in these rules and regulations or
departmental rules and regulations relating to disciplinary measures for which
termination is the penalty.
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(8) Deliberately or negligently misusing, destroying, or damaging any City property
or property of an employee.
(9) Falsification of personnel or City record, including employment applications,
accident records, work records, purchase orders, time sheets, or any other report,
record, or document.
(10) Making false claims or misrepresentation in an attempt to obtain sickness or
accident benefits, or workers' compensation.
(11) Insubordination or the refusal to perform work assigned, or to comply with
written or verbal instructions of a supervisor.
(12) Unauthorized use or possession or display of fire arms, explosives or weapons on
or in City property as well as at any time and place while on duty.
(13) Removal of City property or any employee's property from City locations without
proper authorization; theft of City property or any employee's property.
(14) Failure to return from an authorized leave of absence.
(15) Concerted curtailment, restriction of production or interference with work in or
about the City's work stations including, but not limited to, instigating, leading, or
participating in any walkout, strike, sit-down, stand-in, slowdown, or refusal to
return to work at the scheduled time for the scheduled shift.
(16) Absent without permission or leave (AW.O.L.).
(17) Acceptance of a gift, service, or anything of value in the performance of duty or
under circumstances where the employee knew or should have known it was
given with an expectancy of obtaining a service or favored treatment by a City
employee, department, or agency.
(18) Possession, use, sale, attempt to sell or procure illegal controlled substances at any
time whether on or off City property or whether on or off duty; and, possession,
use, sale or attempt to sell or procure alcoholic beverages while on duty, on City
property or while operating or riding in or on City equipment.
(19) Refusal to fully and truthfully cooperate in an investigation conducted by or at the
direction ofthe City.
(20) On or off the job conduct which adversely affects the ability of the employee to
perform his/her duties and/or adversely affects the efficient operation of the City
government or any department, division, or area of City government.
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(21) Discourteous, insulting, abusive, or inflammatory language or conduct toward the
public or co-workers.
(22) Improper racial or sexual comments, harassment or acts directed to any City
employee or the general public.
(23) Threatening, intimidating, coercing, or interfering with City employees or
supervision at any time, including abusive language.
(24) Provoking or instigating a fight or fighting while on duty.
(25) Personal use of the City of Ocoee tax exempt number for any reason.
(26) Violation of the City Drug-Free Work Place Policy.
15.04 Criminal Char!!es (Suspension)
A. An employee charged with (1) any felony or (2) a misdemeanor which the City
Manager feels may impact the efficient operation of the City may be suspended
without pay pending action by the City Manager.
B. At his/her option, the City Manager may wait until the final resolution of the
criminal charges to decide what disciplinary action, if any, to take, or the City
Manager may decide not to wait but take whatever disciplinary action he/she
deems appropriate, if any, based on his/her own investigation.
C. The results of the criminal proceeding, including but not limited to a dismissal, a
plea bargain, a plea of nolo contendere, or an acquittal, shall not in any way be
binding on the City or the City Manager in determining whether disciplinary
action or the form of disciplinary action selected is appropriate.
D. In all cases, the City Manager will determine whether reinstatement and/or back
pay are appropriate.
Adopted: 3/2/99
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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 1 - 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.
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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 1.
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.
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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 HalllRecreation
Area 2. Fire/Police
Area 3. Public Works
Area 4. Utilities Department
1
1
I
1
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) 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
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.
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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(1 )(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.
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 Resources shall be responsible for
notifying interested parties, and rendering advice on personnel
rules and procedures.
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.
I. 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.
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Step 4 - City 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.
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.
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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.
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 1, 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.
I. 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.
1. 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.
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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.
C. Appeal of Demotion or Termination by Full-Time Employee
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.
Adopted: 3/2/99
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SECTION 17
RECORDS AND REPORTS
17.01 Responsibilitv
The Human Resources Office is responsible for establishing and maintaining
comprehensive central personnel records of all City employees.
17.02 Records
A. All personnel records of employees of the City government covered under the
Personnel Management System are maintained in the Human Resources Office
and are considered the official employee records. All employee payroll records
shall be maintained by the City Finance Department. All employee pension
records shall be maintained by the respective Pension Boards. All other records
and materials in relation to the administration of the City Personnel Management
System shall be considered confidential to the extent allowed by law and the
property of the City.
B. Employees should keep their personnel records current. This means immediately
notifying the Human Resources Office of any changes; such as, change of address
(even if temporary), change of telephone number, change of beneficiary, number
of dependents, divorce, marriage or any status change not previously reported,
from that which was originally given at time of employment. This is the
responsibility of the employee and failure to comply may result in loss of
employee benefits.
C. The Human Resources Office should be informed of any special training courses
completed by an employee. Copies of diplomas or certificates shall be forwarded
to the Human Resources Office to become a permanent part of the employee's
personnel file.
D. No document critical of an employee shall be placed in the employee's Official
Personnel file unless said employee has initialed the document. Refusal of an
employee to initial a document shall be noted by a witness.
17.03 Records Retention and Disllosition
Consistent with applicable law, the Human Resources Office shall determine the time
limit that any personnel records shall be kept on file and the final disposition of such
records.
Adopted: 3/2/99
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SECTION 18
SAFETY
18.01 Accident Prevention
All Department Directors, supervisors, and employees must recognize their responsibility
for a successful safety program, and will participate in the development, implementation
and improvement of this program.
18.02 Accident ReDorting
A. All employees shall be advised of their responsibility to immediately report to
their supervisor all injuries that occur on the job. Delay in reporting injuries may
cause complication of the injury and delay recovery.
B. All supervisors shall immediately report injuries of their employees to the Human
Resources Office. The Human Resources Office shall determine where the
employee will be sent for treatment and shall determine which physician will be
used.
C. All accidents must be reported within twenty-four (24) hours after the date of the
accident or injury. If the accident occurs over a holiday or weekend, the accident
report shall then be submitted to the Human Resources Office within twenty-four
(24) hours from the time the work period starts after the weekend or holiday. This
also applies to industrial accidents and first aid injuries, as well as to anyone
injured in a vehicular accident involving City vehicles. In the latter case, a
vehicular accident report will be submitted and, if an employee is injured, a report
of injury to the Human Resources Office will also be required.
D. In the case of all vehicular accidents, the appropriate law enforcement agency and
the employee's supervisor must be notified immediately. In the event a Police or
Fire Department vehicle is involved in an accident, it must be investigated by the
Florida Highway Patrol immediately.
E. Employees not following safety rules, including not reporting accidents or
improper reporting of accidents and injuries within time limits specified above,
shall be subject to disciplinary action up to and including termination and loss of
Worker's Compensation benefits.
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18.03 Safety Equipment
The City shall provide safety equipment and devices for employees engaged in work
where such special equipment and devices are necessary. Such equipment and devices
where provided, must be used. Failure by employees to utilize provided equipment or
devices will subject the employee to disciplinary action up to and including termination.
Adopted: 3/2/99
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