VI (B4) Ordinance 2002-09 Revising City of Ocoee Personnel Rules and Regulations Agenda 3-19-20(12
Item VI B4
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
O\ Ocoee S.SCOTT VANDERGRIFT
�� #�o CITY OF OCOEE COMMISSIONERS
ly POI
a DANNY HOWELL
v 150 N. LAKESHORE DRIVE
o SCOTT ANDERSON
Q cs OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON
ye �N',`a (407) 905-3100 COMMISSIONERS
J.PARKER
Of GOOD
CITY MANAGER
JIM GLEASON
TO: THE HONORABLE MAYOR AND MEMBERS OF THE//COMMISSION
FROM: FRAN DIEDRICH, HUMAN RESOURCES DIRECTOR(
DATE: MARCH 5, 2002
SUBJECT: REVISIONS TO PERSONNEL RULES & REGULATIONS SECTION 8,
SECTION 13, & SECTION 16
At this time we respectfully request acceptance of Ordinance 2002-09 revising City of
Ocoee Personnel Rules and Regulations Section 8.02 regarding Personal Holidays,
Section 13.11 regarding the Educational Incentive Program, Section 13.17 C. regarding
Moving Traffic Violation, and Section 16.02 regarding Grievance Procedure.
For the purpose of understanding what has been revised or added, the following format
has been submitted:
Additions are double-underlined and in hold. Deletions are skisken-through .
c. Jim Gleason, City Manager
Jean Grafton, City Clerk
r)
\ C ,
POINT'
ORDINANCE NO. 2002-09
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO PERSONNEL RULES AND
REGULATIONS FOR THE CITY OF OCOEE; AMENDING
ORDINANCE NUMBER 99-12 REGARDING PERSONAL
HOLIDAYS, MOVING TRAFFIC VIOLATIONS, AND THE
GRIEVANCE PROCEDURE; PROVIDING FOR
SEVERABILITY; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Ocoee desires to amend the personnel
policies and regulations for the administration of personnel matters within the City of Ocoee;
and
WHEREAS, the City Commission of the City of Ocoee believes that it is important to
provide for the proper and equitable treatment of City employees.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the authority
to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes.
SECTION 2. Amendment to Section 8.02. Section 8.02 Eligibility for Holiday Pay
of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as
adopted by Ordinance Number 99-12 and amended by Ordinance Number 2001-32 is hereby
amended to read as follows (with additions double-underlined and deletions stricken):
006 236926.1
8.02 Eligibility for Holiday Pay
C. Holiday Pay
l. Full-time non-exempt employees, except those on a 24/48 schedule in the
Fire Department shall be eight (8) hours at their straight time hourly
rate.
2. Part-time employees who are assigned a regular schedule of more than
twenty (20) but less than forty (40) hours a week, shall receive four (4)
hours at their regular hourly rate provided they meet the requirements of
Section 8.02(B) above. These employees shall not be afforded the two
(2) Personal Days (Floating Holidays).
D. When a non-exempt employee who is not on a 24/48 hour schedule within the
Fire Department works on a scheduled holiday, the employee shall receive
holiday pay, if he/she meets the eligibility requirements, plus his/her regular
pay for the hours worked. (Straight or overtime depending on whether the time
worked is over forty (40) hours).
E. When an employee is scheduled to work on a holiday but fails to do so, the
employee will not receive holiday pay even if the employee is otherwise eligible
for holiday pay.
F. The intent of Personal Holidays is to allow the employee a non designated
holiday for personal use. Personal Holidays should be scheduled as far in
advance as possible, but not less than one (1) work day in advance unless the
reason for the personal holiday was unknown and is an emergency. The City
retains the right to schedule personal holidays to meet operational needs.
G. Personal Holidays shall not be accrued or taken in hourly increments. Personal
Holidays may not be used for purposes of sick leave.
H. Personal Holidays must be used within the fiscal year. Employees failing to use
their Personal Holidays will forfeit the holidays.
I. Employees must complete their initial one-year probationary period in order to
qualify for the Personal Days (Floating Holidays).
SECTION 3. Amendment to Section 13.17. Section 13 Miscellaneous Policies and
Benefits of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS
006 236926.1 -Z
as adopted by Ordinance Number 99-12 and amended by Ordinance Number 2001-32 is hereby
amended to read as follows:
13.17 DUI, DWI and Moving Traffic Violations
C. Moving Violations
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 ten or more points
under F.S. Section 322.27 within the past three (3) years as a result of
moving traffic violations, the employee shall be removed from his/her
driving position.
2. Upon written application, the employee will be considered for placement
in other non-driving vacancies in the City for which he/she is qualified;
however, he/she shall be given no preferential treatment because he/she
is a City employee. If the employee is not offered a non-driving job
within thirty (30) days of his/her removal from the driving position,
he/she shall be terminated. If the employee is offered and accepts a non-
driving job within thirty (30) days, the employee's service record will
remain unbroken.
3. An employee placed in a non-driving position or an ex-employee
terminated pursuant to paragraph (2) above may not reapply for a driving
job, unless and until upon periodic review of the driving records of
all employees by the City, the employee's official Florida State driving
record establishes that the employee does not have .,..>,,,n (7) ten (10) or
more points as a result of moving traffic violations in the three (3) year
period immediately prior to the City review of employee's record.
Thereafter, those employees and ex-employees removed from driving
jobs will be given no preference but if otherwise qualified will be
considered along with all qualified applicants, and their past conviction
of moving traffic violations will be considered along with job related
factors.
4. An employee who is removed from a driving position on two different
occasions as a result of the application of this Section, shall be
permanently barred from a driving position with the City.
5. Employees who have never held a driving position with the City and
applicants for employment who have revel (7) ten (10) or more points
for moving violations at the time they apply for driving positions shall
006 236926.1 -3-
not be considered. If such employees and applicants do not have seven
(7) ten (10) or more points at the time of their application, their official
Florida State driving record will be considered along with other job
related factors.
6. Employees are obligated to inform the City of Drivers License
suspension or revocation for any reason. Employees whose job
description requires a valid Driver's License are obligated to shall
maintain a valid Florida Drivers License., Failure failure to do so will
result in disciplinary action. Employees in driving positions who have
suspensions or revocation are considered unqualified for that position
and may be reassigned to a non-driving position or terminated if no
vacancy exists.
SECTION 4. Amendment to Section 16.02.C. Section 16.02 Grievance Procedure
of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as
adopted by Ordinance Number 99-12 is hereby amended to read as follows:
16.02 Grievance Procedure
Step 3 - Hearing Committee
C. Hearing Committee and Procedure Relating to the Hearing Committee
1. Selection of Hearing Committee
The Hearing Committee will be composed of four (4) members and four
(4) alternates elected in accordance with the following:
A. The full-time employees and supervisors of each of the following
four (4) areas shall elect members and alternates to the Hearing
Committee as follows:
Members Alternates
Area I. City Hall/Recreation 1 I
Area 2. Fire/Police I 1
Area 3. Public Works 1 1
Area 4. Utilities Department 1 1
006.236926.1 -4
B. Employees represented by a PERC certified bargaining agent
shall not be eligible to vote on selection of Hearing Committee
members or alternates.
C. Members and alternates shall serve one-(1) two (2)year terms but
there shall be no limit on the number of terms they serve.
Employees may serve on other Committees while serving on the
Hearing Committee.
D. The election shall be held during the first two (2) weeks of
December of each year at a time set by the City Clerk.
E. In the event a bargaining unit employee elects to process a
grievance under this Section, the elected Hearing Committee
member or alternate from the relating Area will be replaced by a
bargaining unit employee selected by the certified bargaining
agent from the department in which the grievant works unless the
certified bargaining agent fails to notify the Director of Human
Resources in writing within three (3) working days after the
response of the Department Director in Step 2 of the name of the
bargaining unit member selected to serve.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 6. Conflicts. All ordinances and resolution, or parts of ordinances
and resolutions, in conflict herewith are hereby repealed and rescinded.
SECTION 7. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
006.236926.1 -5-
PASSED AND ADOPTED this day of , 2002.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA; ADVERTISED March 7, 2002
APPROVED AS TO FORM AND READ FIRST TIME March 5, 2002
LEGALITY this day of ,2002. READ SECOND TIME AND ADOPTED
, 2002
FOLEY & LARDNER UNDER AGENDA ITEM NO.
By:
City Attorney
-6-006 236926.1