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Item #09 Second Reading of Ordinance Amending the Education Incentive Program Contact Name: Contact Number: James Camicella 1032 Meeting Date: 10/20/09 Item # 9 Reviewed By: Department Director: City Manager: QW? -'- Subject: Approval of Revisions to the Education Incentive Program, Section 13.14 of the Personnel Rules and Regulations Manual, which is an amendment to Ordinance No. 2005-017. (SECOND READING OF ORDINANCE) Background Summary: The Personnel Rules and Regulations are policies, procedures and entitlements that govern the terms and conditions of employment for those employees covered by the same, which are adopted by Ordinance. These Personnel Rules and Regulations are also known as the PRRs or Rules and Regulations. The Education Incentive Program under Section 13.14 of the PRRs is used to cover employee's tuition and books. Issue: The Education Incentive Program utilized by employees has been recommended to be revised by the Education Committee in order to administer the program in a more efficient and effective manner with an emphasis on reducing the cost of books and assuring compliance. Recommendations Staff respectfully recommends the Commission approve the revisions of Section 13.14 of the Personnel Rules and Regulations for the Education Incentive Program, amendment to Ordinance No. 2005-017, as follows: Employees must work with the HR staff to purchase books and resell them in the most cost effective way (i.e. renting books) and to require an employee who either fails to attend the class, finish the course, and/or receives a grade below a C, repay the entire reimbursement within four pay periods. The employee will be required to agree to the above before being considered eligible for the incentive. Attachments: Ordinance and the entire Section of the PRRs concerning the Education Incentive Program containing revisions made from the previous document. Financial Impact: None. Type of Item: (please mark with an "x") Public Hearing ~ Ordinance First Reading _ Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deat Use: Consent Agenda Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ORDINANCE 2005-017 AND SUBSEQUENT AMENDMENTS BY AMENDING "EXHIBIT A," PERSONNEL RULES AND REGULATIONS, MORE SPECIFICALLY SECTION 13.14 EDUCATION INCENTIVE PROGRAM, AND ADOPTING AND APPROVING THE REVISED 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 Authoritv. A. This Ordinance shall be known and may be cited as amendment to "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. Adoption of the amended City of Ocoee, Florida Personnel Rules and Regulations. The City Commission of the City of Ocoee, Florida, hereby adopts and approves the amended CITY OF OCOEE, FLORIDA PERSONNEL RULES AND ORLA_392344.1 l REGULATIONS, originally approved on December 6, 2005, as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 3. 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 4. Conflicts. All ordinances and resolution, or parts of ordinances and resolutions, in conflict herewith are hereby repealed and rescinded. SECTION 5. Effective Date, This Ordinance shall become effective immediately upon passage and adoption, PASSED AND ADOPTED this day of ,200_, APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of ,2009. FOLEY & LARDNERLLP ADVERTISED ,2009 READ FIRST TIME , 2009 READ SECOND TIME AND ADOPTED , 2009 UNDER AGENDA ITEM NO. By: City Attorney ORLA_392344.1 -2- ORLA_392344.1 EXHIBIT "A" (City Of Ocoee, Florida Personnel Rules And Regulations) See Revised Section 13-14 Attached. The Personnel Rules and Regulations are available in their entirety in the Office of the City Clerk. -3- 13.14 Education Incentive Proeram The City may authorize reimbursements for tuition and books for courses subject to budgetary constraints as follows: A. The course or curriculum shall be related to the employee's job or will contribute to the long-range value of the employee to the City, not to provide training for jobs with other employers. This determination will be made by the Education Committee. B. There will be no duplicate payments for the same course, if the course is reimbursable through some other source, then provisions of the City's education tuition payment plan shall not apply. C. Requirements to obtain these benefits are: 1. Full time employment with the City at least one year before employee can apply. 2. The educational training can be at the high school, post high school, and adult educational levels. 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 or designee 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. Employees must 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 approval 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 approval as soon as school schedules are released. 7. - - - - - --- - ---- - I Emolovees must work with the Human Resources staff to ourchase books and resell them in the most cost effective wav (i.e. rentin!2 books)~ ~ l Advanced payment for tuition may be considered 10 certain hardship situations. EITiDiOveesrece1vrn~ a Qrade of C or-better or a "oass" in a nass/fml course ~hall receive reimbursemend 2 &. 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. Other expenses such as fees for on-line courses and other related expenses shall not be paid. II d 91 The employee shall submit to the Human Resources Office the final grade, certification, or degree, within two (2) weeks after the class is completed. 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: w. Employees rccei\'inga grade of C orbetter or Tn- a Russ/fail course, I r- - --- --- p ~p~g~shall receive ~b~m...E.!t~ ~~ Employees receiving a grade below a C or who fail a pass/fail course shall not receive any reimbursement. iBl ~ Employees who drop a class shall not receIve any reim bursement. 11. - - Anv emolovee who receIVes advanced oavmentand eItherfuIT'S"TO attend the class. finish the course. and/or receives a Qrade below a C. must remcl the entire reimbursement within four (4) oav oeriods. -~ 12...-U}.; 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 Correspondence means those self improvement general knowledge types of courses from non-accredited programs. Generally these types of courses should be requested through the department training and travel policy. (1) Employees under this program shall not receive tuition advancement. (2) Employees must obtain approval from the Education Committee for the class prior to enrollment if the employee is seeking reimbursement upon completion of the class by the Education Committee. (3) The school must be certified as a legitimate degree institution by the Southern Association of Colleges and Schools. The Human Resources Department will have this information available for employees to review within the Human Resource Department. (4) All conditions must be followed under Section C(2 T5). MEMORANDUM TO: EDUCATION COMMITTEE FR: DA: SU: EDUCATION REIMBURSEMENT I am requesting a tuition reimbursement or advance payment for the following courses and/or books for the semester. SCHOOL COURSE NAME COST PER CREDIT HOUR $ $ CREDIT HOURS AMOUNT DUE $ $ BOOK (S) REQUIRED; PLEASE CHECK (0) IF COST IS ESTIMATED: COURSE NAME BOOK (S) REQUIRED AMOUNT DUE $ $ $ CHECK ONE: [ 0] Request for Advance Payment [ 0] Request for Reimbursement at Grade Receipt * If you are requesting Advance Payment and do not have information on book cost at the submittal of this form, please complete the Book Reimbursement Form at the time your receive this information. Please include on this form an approximate cost for the approval. A maximum of two (2) classes per semester will be considered by the Education Committee. I am required to sign page three (3) of this document as to my understanding for receipt of this money. ****************************************************************************************************** Date Received Total Cost $ Date of Approval Signature of Approval 13.14 Education Incentive Proe:ram The City may authorize reimbursements for tuition and books for courses subject to budgetary constraints as follows: A. The course or curriculum shall be related to the employee's job or will contribute to the long-range value of the employee to the City, not to provide training for jobs with other employers. This determination will be made by the Education Committee. B. There will be no duplicate payments for the same course, if the course is reimbursable through some other source, then provisions of the City's education tuition payment plan shall not apply. C. Requirements to obtain these benefits are: 1. Full time employment with the City at least one year before employee can apply. 2. The educational training can be at the high school, post high school, and adult educational levels. 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 Cornmittee. 4. The Education Committee shall be made up of the City Manager and the Director of Human Resources. A City Commissioner or designee 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. Employees must 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 approval 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 approval as soon as school schedules are released. ~. -- Errmloveesmust WOfi( with the-Human Resourcesstaffto Durchase bookS ~nd resell them in the most cost effective wav (i.e. renting: books)! ~ i7.. Advanced payment for tuition may be considered 10 certain hardship situations. Emolovees receivilli!a l!i1ide oYc orbetteror a"'Das"?lnaoassirail course shall receive reimbursemend 2 &; 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. Other expenses such as fees for on-line courses and other related expenses shall not be paid. :11(~i · n...'.' Th I h II b' h ~ z; e emp oyee s a su mIt to t e Human Resources Office the final grade, certification, or degree, within two (2) weeks after the class is completed. 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. - ~mployccs rccciviiig a grade of C or bcttcr or in u p..Q..ss/fulI co-urs~~ l!...~p~gr~ sh!!!Lreccivc rcimbursemE1!~ AJBl Employees receiving a grade below a C or who fail a pass/fail course shall not receive any reimbursement. R~ Employees who drop a class shall not receIve any reimbursement. 11. - - Anv emolovee who receIVes advanced oavm-ent aii'd'eithertailstO attend the class. finish the course. and/or receives a g;rade below a C. must reoav. the entire reimbursement within four (4) oav oeriods. a~ 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 Correspondence means those self improvement general knowledge types of courses from non-accredited programs. Generally these types of courses should be requested through the department training and travel policy. (1) Employees under this program shall not receive tuition advancement. (2) Employees must obtain approval from the Education Committee for the class prior to enrollment if the employee is seeking reimbursement upon completion of the class by the Education Committee. (3) The school must be certified as a legitimate degree institution by the Southern Association of Colleges and Schools. The Human Resources Department will have this information available for employees to review within the Human Resource Department. (4) All conditions must be followed under Section C(9 10). I have read and understand the above policy regarding the Education Incentive Program. Employee Signature Date Copy of Public Hearing Advertisement Date Published J6 Orlando Sentinel w SUNDAY, OCTOBER 11, 2009 Advertisement CITY OF OCOEE . PUBUC HEARING" ~o~U~\~si~~ar,~~ lbbf~r~etl~e ~~~~~~~~ October 20, 2009, ot 7:15 p.m. or os soan'thereafter as may be heard, in the Commission Chambers of City HolI at 150 N~rth Lokes~ore Drive, Ocoee. Florida, to consider the "following: OATf. If a person decides to appeal any decision made bY the above City Commission with respect to any matter considered af'such hearing, they will need a record of the pro- ceedings; and for such purpose they may need to ensure thot 0 verbatim record of the proceedings is made. which record includes the testimony and evidence upon which . the oppeal is to be based. All inter~sted pdrties ore invited to ottend and be heard 'with respect to the obove. In accordance with the Americans with Oisabi lities ,.1.,ct. persons needing a special ac- commodation or an interpreter to . participate in this proceeding should contoct the City Clerk's of- fice at 407-905-3105 at leost two dcvs...prior to the date of hearing, Beth Eikenberry City Clerk OLS1025023 1Ill11nilo9 ""~lIrIDAI DI All~"llr. anADn DIIDllr_