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99-R-19 ~ ...." RESOLUTION NO. 99-R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTING AN AMENDED PERSONNEL POLICY AND PROCEDURE MANUAL AS PART OF THE CITY'S PERSONNEL SYSTEM PURSUANT TO THE CITY CHARTER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of Edgewater has reviewed and determined the need for adopting an amended personnel policy and procedure manual as part of the City's personnel system to insure consistency in the personnel process; and WHEREAS, a central source of City personnel operating policies must be maintained and communicated to all City employees; and WHEREAS, the personnel policy and procedures have been determined by the City Council to meet the requirements and needs of the City of Edgewater; and WHEREAS, the City Manager is responsible for the management, operations and communications of the City's personnel system and policies; and WHEREAS, the City Manager must assure that all personnel policies and procedures are consistent with all applicable Federal and State laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edge water, Florida: Section 1. The City of Edgewater's Personnel Policy and Procedure Manual, dated October 1, 1999 attached hereto and incorporated by reference as Exhibit A, is hereby approved. Section 2. The amended Personnel Policy and Procedure Manual, dated October 1, 1999 shall be included as part of the City of Edgewater's personnel system. Section 3. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 4. This resolution shall take effect upon adoption. (Resoluti/99-R-19) After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on this resolution was as follows: Mayor Donald A. Schmidt AYE Councilman James P. Brown AYE Councilman Dennis A. V incenzi AYE Councilwoman Harriet E. Rhodes AYE Councilwoman Judith Lichter AYE AND DULY ADOPTED this 15' day of November,1999. city (Resoluti/99-R-19) CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Donald A. Schmidt Mayor APPROVED FOR FORM & CORRECTNESS: Nikki Clayton City Attorasy - '" SECTION 1. 00 1. 01 1. 02 1. 03 1. 04 II 2.00 III 3.00 IV 4.00 4.01 4.02 4.03 4.04 4.05 V 5.00 5.01 5.02 VI 6.00 6.01 VII 7.00 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 'w' ..", CITY OF EDGEWATER PERSONNEL POLICY AND PROCEDURE MANUAL Table of Contents I INTRODUCTION General Policy Purpose Equal Employment Opportunity/Veterans Collective Bargaining Agreements Copies of Personnel Policies & Procedures PERSONNEL OFFICIAL Policy COMMITTEES Personnel Advisory Committee RECRUITMENT AND SELECTION Policy Announcement of Job Vacancies Filing & Maintaining Applications Consideration of Applications Pre-Employment Screening & Referral Reference Checks CONDITIONS OF EMPLOYMENT Medical Examinations Types of Appointments Probation PERSONNEL RECORDS Public Records/Reference Checks Financial Disclosure CLASSIFICATION AND COMPENSATION Job Descriptions Classification Plan City Service Pay Administration Pay Hours of Work Time Records Overtime Work Call Back Time PAGE NUMBER 1 1 1-2 2 3 3 4 4 5 5 5 5 5 6 6-7 7-8 8 9 9 10-11 11 12 12 12 13 13 13-14 14 15-17 17-18 18 18 19 20 VIII 8.00 8.01 8.02 8.03 8.04 8.05 8.06 8.07 8.08 8.09 8.10 8.11 8.12 8.13 IX 9.00 X 10.00 XI 11.00 11.01 11.02 11.03 11.04 11.05 11.06 11.07 11.08 11.09 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 XII 12.00 12.01 12.02 12.03 12.04 ...... ....", EMPLOYEE BENEFITS Purpose Holidays Personal Days Vacation Leave of Absence Bereavement Leave Leave of Absence Without Pay Sick Leave Donation of Sick/Vacation/Personal Time Workers' Compensation Claims Employee Assistance Program (EAP) Club Cards Group Insurance Pension PERFORMANCE APPRAISALS Pay for Performance (Merit) Increases EDUCATION/TRAINING Employee Education/Training Programs CODE OF CONDUCT Objectives Code of Ethics Dress and Appearance Political Activity Employment of Relatives Public Relations - Release of Information (vacant) Discrimination and Harassment Policy Driving Record Drug and Alcohol Use General Safety and Health Job Related Hearing Notification of Criminal Charges Strikes and Lockout Outside Employment Use of City Property Weapons in the Workplace Use of E-Mail, Computers and Photocopier DISCIPLINARY ACTIONS General Disciplinary Action Authority Inappropriate/Unacceptable Behavior Action To Be Taken Predetermination Action 21 21 21 22 22-23 23 24 24-25 25 25 26 27 27 27 27 28 28 29 29-30 31 31 31 32 32 32-33 33 34 35 35 36 36 36 36 37 37 37 38 39 39 39 40-42 43 44 XIII 13.00 13.01 XIV 14.00 ." ...", EMPLOYEE GRIEVANCE POLICY General Procedures 45 45 45 SEPARATIONS FROM EMPLOYMENT Types of Separations 46 46 .... .....", PERSONNEL POLICIES AND PROCEDURES SECTION I - INTRODUCTION 1.00 GENERAL POLICY It is the Policy of the City Council of the City of Edgewater to: A. Attract and recruit the best qualified candidates from the competitive market. B. Create a positive and productive environment by providing employees with opportunities for advancement and career development. C. Provide reasonable compensation, benefits, assurance and safeguards to its employees. D. Maintain public confidence in Productivity, faimess and cost effectiveness through the establishment of a system of personnel administration maintained and governed by principles and affirmative action guidelines which shall be based upon fair and objective personnel standards and measures. These Personnel Policies and Procedures provide guidance to the City in personnel matters. Nothing in this document constitutes a contract of employment. Authority for the Personnel Policies and Procedures is established by Article IV, Section 4.07 of the Charter of the City of Edgewater. The provisions of the Personnel Policies and Procedures shall be applicable to all employees of the City of Edgewater. The terms of employment of the City Manager, City Attorney and City Clerk are established pursuant to agreements negotiated with the City Council. In the case of a conflict between the Personnel Policies and Procedures and the respective agreements, the contents ofthe agreement shan prevail. 1.01 PURPOSE A. The purpose of these Personnel Policies and Procedures is to foster and promote a positive employment environment of mutual benefit and protection for employees and the City of Edgewater which encourages employee and public confidence in the administration of personnel management, consistent with the policies of the City Council. The policies and procedures provide a means for equitable recruitment, selection, development, retention, and eventual retirement of employees, and insure that: 1. All personnel actions are decided on the basis of merit and the fitness of the individual. 2. Job description and classification and pay plans provide for a systematic arrangement of job classes and a complete inventory of all City positions. 3. Economy and effectiveness in government services are mutually beneficial to the citizens of the City of Edgewater, City officials, and employees. 4. Employment in the service of the City shall be attractive as a career. 5. All employees are encouraged to render their best services to the City. 6. Fairand equitable treatment of all ernployeeswill be maintained by fair administration ofthese policies and procedures and by consideration of the rights and interests of the employees consistent with the best interests of the citizens and the City. Revision October 1, 1999 1 .,., "wi 7. The City of Edgewater is an equal employment opportunity employer. 8. The relationship between City management and its employees shall continue to be open and direct. B. If any section, subsection, or provision ofthese policies and procedures are found to be invalid by any Court, legislation, an authorized board or public official, the ruling shall not affect the validity, intent and effect of any sections not in question. C. These policies and procedures are intended to cover personnel actions and employee conduct. Those not specifically covered will be interpreted by the Personnel Director after consultation with the City Manager and City Attorney. D. Guidelines for Using the Personnel Policies and Procedures: 1. References to the use ofthe word "he", "him" and "his" in this manual is for brevity only and shall be interpreted to mean he or she. 2. The words "shall" and "will" are to be construed to be mandatory and the word "may" as permissive. 3. "City" refers to the City of Edgewater. 4. "Supervisor" means an individual with the authority to assign, direct, and review the work of subordinates. 5. "Anniversary Date" is the date the employee is hired into any full-time position with the City and is utilized to establish the probationary period. Employee evaluations are prepared annually from this date. 6. "Benefit Date" is the date employees' accrued benefits are based on. When a temporary or part time employee is hired into a full time position, their benefit date is the date they were made a regular full time employee. E. These Personnel Policies and Procedures take precedence over any departmental procedures and are designed to be consistent with the collective bargaining agreements. All written departmental operating procedures are to be submitted to the Personnel Director, to be consolidated and maintained. 1.02 EQUAL EMPLOYMENT OPPORTUNITY AND VETERANS PREFERENCE The City of Edgewater is an Equal Opportunity Employer and will not discriminate against any person because of race, color, religion, creed, gender, age, national origin, disability, veteran or marital status, or other legally protected status. It is the policy of the City of Edgewaterto give preference to eligible qualified veterans and spouses of veterans in appointment to and retention in City employment positions in accordance with Chapter 295, Florida Statutes. Revision October 1, 1999 2 ..... ""'" 1.03 COLLECTIVE BARGAINING AGREEMENTS The City of Edgewater has three collective bargaining agreements, the terms and conditions of which apply to specific employees that are members of certified bargaining units. A. Coastal Florida Public Employees Association a. General Employees (PoE.A.) bo Supervisory Employees (S.P.E.A.) B. The Fraternal Order of Police (F.O.Po) Bargaining unit employees should refer to their respective union agreements for specific policies and procedures which may prevail over this Personnel Policy and Procedures Manual in the case of a conflict. 1.04 COPIES OF THE PERSONNEL POLICIES AND PROCEDURES A. Copies ofthe Personnel Policies and Procedures Manual will be available to City employees fortheir review. All policy and procedure changes will be posted and every employee is entitled to read all changes or request to have changes read to them if they cannot read. B. All employees will be provided with a copy.ofthis Manual and will sign a statement acknowledging receipt. This statement will be placed in the employee's personnel record. C. Revisions or amendments to these policies and procedures will become effective when approved by the City Council. Revision October 22, 1999 3 .... ..., SECTION II - PERSONNEL OFFICIAL 2.00 POLICY It is the policy of the City of Edgewaterthat the Personnel Director is responsible to the City Manager, who is the Personnel Official of the City. The Personnel Director acts as a consultant to the City Staff by providing professional expertise in planning the City's personnel policies and provides assistance to supervisors and department heads in carrying out these policies Responsibilities of the Personnel Director A. Assists in development and implementation of personnel standards, policies, procedures and programs. B. Assure compliance with applicable legal personnel requirements. C. Assures compliance with hiring policies and procedures. D. Assures compliance with disciplinary and termination polices and procedures. E. Conducts new employee orientations, and employee exit interviews. F. Administers employee benefit programs. G. Coordinates workers compensation cases. H. Maintains and updates employee pay system, including field audits to review and update job descriptions. I. Serves as liaison between employees and management in regards to personnel policies, procedures, benefits and programs. J. Coordinates and attends conferences, hearings and union negotiations. Revision October 1, 1999 4 .... ..." SECTION III - COMMITTEES 3.00 PERSONNEL ADVISORY COMMITTEE Pursuant to Article IV, Section 4.07 ofthe Charter of the City of Edgewater, there shall be a Personnel Advisory Committee which shall meet at the call ofthe City Manager and provide assistance to the City Manager and the Personnel Director in formulating and maintaining the personnel system of the City of Edgewater. This committee shall consist of one (1) Department Director, one (1) Supervisory representative, three (3) general employees appointed by the City Manager and the Personnel Director shall act as chairperson without voting privilege. SECTION IV - RECRUITMENT AND SELECTION 4.00 POLICY A. In accordance with the City of Edgewater's Equal Employment Opportunity Policy, attracting and recruiting the best qualified candidates shall remain the City's policy for employment recruitment and selection. B. When filling vacancies, consideration shall be given first to qualified individuals currently employed with the City of Edgewater, qualified individuals who are in layoff status and to eligible veterans. C. Written job descriptions are developed, maintained and continually reviewed for all City positions. They are utilized as a basis for establishing the minimum recruitment qualifications for attracting candidates for employment. These include, but are not limited to, a description of the position function, major duties and the minimum qualifications. 4.01 ANNOUNCEMENT OF JOB VACANCIES A. The Department Head who has a vacant position shall complete a "Request to Fill A Vacancy" form and submit it to the Personnel DirectorJisting the job title and the preferred date of filling the vacancy. This request must receive the approval of the City Manager prior to announcement. B. Job vacancies may be posted on City department bulletin boards and work locations, for three (3) to fIVe (5) working days. In the event sufficient applications are not received, additional advertising will be utilized. C. The Personnel Department initiates all job vacancy advertisements. If contact with an employment agency or professional recruiter is necessary to fill a position, approval by the City Manager is required. The Personnel Department is solely responsible forthis process. Individual departments are not authorized to perform these functions. Revision October 22, 1999 5 ....... ,..." 4.02 FILING AND MAINTAINING APPLICATIONS FOR EMPLOYMENT A. All persons evidencing a desire to apply for employment with the City of Edgewaterwill be given the opportunity to fill out an application form. B. In order to be considered, each applicant must: 1. File a written application on the City's standard employment application form with the Personnel Department before the application deadline. Resumeswill be accepted, but before an interview is arranged an application must be completed. 2. Supply requested information that is complete, clear and accurate. 3. Sign the application attesting to the truth of all statements and information contained on the application. 4. Amend, correct or add requested information/documentation within the time limits established by the Personnel Director. C. The Personnel Director shall establish and maintain a file of applications for employment. All applications for employment will remain on file within the Personnel Department for one (1) year from the date of initial application. Applicants may update their applications during the one year period which shall extend the active status of the application. D. Throughout the active status period the Personnel Director.shall review and consider applicants for vacancies as they occur. Applicants will be considered forthe position for which they applied as well as for other positions for which they are qualified. E. All applicants will be notified of this application procedure. 4.03 CONSIDERATION OF APPLICATIONS A. It is the City's policy to consider City employees (internal applicants) forvacancies before applicants from the general public (external applicants) are considered. B. Procedures: 1. An employee who wishes to apply for a vacant position must complete a job interest form available in the Personnel Department. This form shall be submitted to the Personnel Director by the employee applying for the position. 2. The Personnel Director will review the applications to make sure they meet minimum qualifications and refer qualified applicants to the Department Director for consideration. 3. During normal worKing hours, internal applicants may be granted time off with pay to take tests required by the City to be eligible for consideration andlorfor attending interviews. SChedules for this release time must be coordinated between the departments concerned and the Personnel Director. However, for confidentiality purposes, tests and/or interviews may be scheduled outside working hours. These arrangements will be made through the Personnel Director. Revision October 1, 1999 6 ...... ~ C. If an internal applicant is not selected for promotion to the vacant position, the Personnel Director will refer qualified external applicants to the Department Director for consideration. D. Family Employment Restrictions: 1. Employment of family members in positions in which either family member~uld be supervised by orsupervising, influenced by or influencing the activities or employment conditions ofthe other, is prohibited. This criteria will also apply when assigning, transferring or promoting an employee. 2. In accordance with Section 112.3135 (1) (c), Florida Statutes, family members include mother, father, son, daughter, brother, sister, uncle, aunt, first cousin, grandchild, grandparent, nephew, niece, husband, wife, co-habitant, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepparent, stepchild, stepbrother, stepsister, half brother or half sister. 3. Employees whose family status changes by marriage or other means so as to come into conflict with this policy may continue employment with the City if a position within another department or division is found for which one of the employees is qualified. If another position cannot be found, the employees will be permitted to determine which of them will resign. 4.04 PRE-EMPLOYMENT SCREENING AND REFERRAL A. Methods. The City may use any of the following methods to consider, evaluate and screen applicants for employment: 1. Performance or skill examination. 2. Practical written examination. 3. Evaluation and rating of training and experience. 4. Oral interview. 5. Quality of work and/or length of City service. 6. Other criteria which have been determined to be fair and impartial by the Department Director and the Personnel Official aCCOrding to the City's recruitment and selection policy. B. All pre-employment examinations and screening methods will be job-related and impartial in evaluating applicants' qualifications, knowledge, skills and abilities. C. The Personnel Official and Department Directors are jointly responsible for determining the job-related factors and validity of all pre-employment examinations and screening methods. The Personnel Official.is responsible for approving any pre-employment examinations. The Personnel Directorwill advise and/or assist in the design and/or implementation of pre-employment examinations. D. A valid Florida Driver's License is required for anyone who operates a City vehicle. Revision October 1, 1999 7 ...... ..., E. The Personnel Department is responsible forthe initial screening of applicants after the closing date of a job vacancy announcement. An application or applicant may be rejected if: 1. The applicant does not possess one or more of the minimum qualification requirements specified in the job description. 2. The application or resume was not received on or before the closing date. 3. The applicant has a record of any prior conviction.. 4. The applicant has made any false statement in the application, no matter when discovered. 5. The applicant has failed to sign or complete the application. 6. The applicant is ineligible for employment pursuant to the standards of eligibility set forth in the Immigration Reform and Control Act of 1986. F. Referrals. The Personnel Department will fOlWard applications to the Department Director when: 1. The applicant possesses the minimum qualifications for the position specified in the job description. 2. The applicant passes any required Personnel Department administered pre-employment examinations. 3. The closing date of the job vacancy announcement has elapsed. G. Offers of employment will be made by letterto the applicant and signed by the Personnel Official after coordination with the Department Directorconcemed. Verbal offers of employment are expressly prohibited. H. Notification of Rejection. All candidates who apply for a position and receive an interview but are not selected will be notified in writing by the Personnel Director. 4.05 REFERENCE CHECKS A. The hiring department may conduct reference checks of prospective employees in accordance with procedures established by the Personnel Official. B. Criminal background investigations will be conducted on all applicants under consideration for hire. C. Thorough background investigations may be conducted on any applicant under consideration for hire. The City's Police Department may conduct said investigations on an applicant for a Police position. Revision October 1, 1999 8 ....... ....., SECTION V - CONDITIONS OF EMPLOYMENT 5.00 MEDICAL EXAMINATIONS A. Post-offer Medical Examinations and Drug Screening 1. Subsequent to any offer of employment, a drug screen will be required for all prospective employees. The cost will be paid by the City. A medical examination will be required for certain positions. The examination will be administered by a physician designated and approved by the City. The cost will be paid by the City. 2. A selected candidate who is medically determined to be unable to meet the essential functions of the job shall not be appointed to that position. 3. Anytime during the probationary period a drug screen may be required. The cost of any failed drug test will be taken out of their final check. B. Periodic Medical Examinations. 1. Consistent with the Americans with Disabilities Act, medical examination of an employee during employment may be requested by the Department Director, Personnel Director or City Manager. The need forthe exam may be triggered by some evidence of a problem related to job performance or safety orthe exam may be necessary to determine whether an individual in a physically demanding job continues to be fit for duty. 2. The examination shall be at the City's expense by a physician designated by the City. 3. If the employee wishes to be re-examined by a private physician of his choice at his expense, he shall provide the written findings ofthe physician to the Personnel Official. In case of conflict with the original medical examination, a third medical opinion and examination may be directed by the Personnel Official, at City expense, by a second physician selected by the City. 4. Results ofthe medical examination(s) will be reviewed by a City designated physician and the Personnel Official for a determination regarding continued employment. 5. If an employee is determined to be physically unable to meet an essential function of the job, a reasonable accommodation may be afforded him. It is the obligation of the employee to request an accommodation. 6. If an employee is determined to be physically unable to meet the essential functions of the job, he may be reassigned to any available position forwhich he is qualified. Such action is at the sole discretion of the City. 7. If a position does not exist for which the employee is qualified, he may be terminated after compliance with the Family and Medical Leave Act. Revision October 12, 1999 9 ~ ..., 5.01 TYPES OF APPOINTMENTS City employment consists of all existing full-time positions and any future positions which may be created that are paid from regular salary accounts, and includes non-exempt and exempt positions. A. Initial employment status falls into one of the following categories: 1. Regular position: One which is regularly budgeted and authorized; including Department Directors. Persons employed to fill these positions on a full-time basis shall be deemed regular employees after satisfactory completion of the probationary period. Filling such a position does not imply a contract of employment. 2. Part-time position: One which is regularfy budgeted and the employee does not work. a full (40) hourwork week. Employees that are classified as part-time and work less than (32) hours per week shall not be eligible for City benefits. 3. Seasonal: One which is hired to perform specific seasonal functions. Employees classified as seasonal shall not be eligible for City Benefits. B. Temporary Appointment. Temporary appointments may be made to fill any authorized full-time or part-time budgeted position for short term, seasonal, substitute, or emergency employment not to exceed a period of six (6) months. The City Manager may authorize an extension of temporary employment at the end of the six (6) months period. Employees whose positions are classified as temporary appointments shall not be eligible for City benefits. C. Limited Term Appointment. Limited term appointments may be made to fill any full-time or part-time position that has been funded in whole or in part for a specific periOd oftime for a project or by grant. An individual employed on this basis shall be separated from employment when the project orgrant is completed orthere is a lack offunding forthe position. Employees whose positions are classified as limited term appointments shall not be eligible for City Benefits~ unless these costs are included with funding.(grant, etc.) D. Temporary Assignment to a Higher Classification. 1. A Department Head may assign an employee within his department to any duties within the responsibilities of that department. Assignments shall be based upon knowledge of the position, capability, and ability to perform. 2. In the event a Department Head determines that there is a need to temporarily assign an employee from a lower classification to a higher classification, he shall request a Personnel Action form from the Personnel Director. Such assignment is subject to the approval ofthe City Manager. Employees providing incidental assistance while someone is out due to vacation or illness are not considered to be temporarily assigned to a higher classification. However, there may be times when someone is out due to vacation or illness when it is necessary to specifically assign an employee to a higher classification. Assistant Department Directors shall not receive an increase in pay when temporarily assuming the responsibilities of the Department Director. Revision October 12, 1999 10 ... .." 3. Any employee who is temporarily assigned to a position of higher rank for five (5) working days or more shall be compensated at a rate equivalent to the greater of the minimum salary for that classification or five (5) percent above his current salary from the first day of assignment. 4. While serving in a temporary assignment, the value of any monetary benefit received, such as. paid sick accrual, the cashing in of vacation time, shall be based on the employee's regular rate of pay. 5.02 PROBATION The probationary period is an important part ofthe employee review process and shall be utilized for appraisal of an employee's performance, adaptability to the position, and for rejecting any employee who does not meet the desired standards of performance. Subsequent to any employee being released from probation a drug screen may be required. A. An employee hired into a regular full-time position is subject to the satisfactory completion of a six (6) month probationary period before being deemed a regular City employee. An employee hired into a police or fire full-time position is subject to the satisfactory completion of a one (1) year probationary period before being deemed a regular City employee. An individual who does not successfully complete the probationary period will be required to reimburse the City for all education_and training expenses incurred. B. Employees who are promoted, demoted ortransferred will serve a six (6) month probationary period in the new position commencing with the first day in the new position. Police and Fire employees shall serve a one year probationary period. C. During the probationary period, the employee's supervisorwill carefully observe job performance. Weaknesses in performance will be broughtto the employee's attention and may be putJn writing by the supervisor, and submitted to the Personnel Director for placement in the employee's personnel file. D. Upon completion ofthe probationary time period, the Personnel Department will prepare a Personnel Action Form to be executed by the Department Director and acknowledged by the employee either terminating their employment or releasing them from probation and into regular employment. Revision October 22, 1999 11 .... ..." SECTION VI - PERSONNEL RECORDS 6.00 PUBLIC RECORDS IREFERENCE CHECKS A. Pursuant to Section 119.07 (1) (a), Florida Statutes, the records and files ofthe Personnel Department are considered open to inspection under the following conditions: 1. The review must be conducted at a reasonable time, under reasonable conditions, and under the supervision of the custodian of records. 2. Excluded in accordance with Section 119.07(3) (k), Florida Statues are the home addresses, telephone numbers, social security numbers, and photographs of law enforcement personnel, firefighters, and code enforcement officers; the home addresses, telephone numbers, social security numbers, photographs and places of employment oftheirspouses and children; and the names and locations of schools attended by their children. 3. Current employees will be informed when review has been requested of their personnel file. B. Medical examination results are confidential. C. Employees are responsible for maintaining current and accurate information in their personnel records. Neitherthe Personnel Department northe City is liable for incorrect withholding, erroneous beneficiary designations, loss of employee benefits or promotional opportunities which result from an employee's failure to keep personnel records current. D. The Personnel Department is responsible for responding to inquiries concerning current and former employees. The Personnel Department will only provide information which can be disclosed in accordance with Florida law. E. Any department which receives a request for an employment reference or recommendation concerning a current or former employee may forward the request to the Personnel Department for response, or answer with valid and truthful information. 6.01 FINANCIAL DISCLOSURE Financial disclosure is required of some City employees by the State of Florida. Employees who are required by the Florida Commission on Ethics to file financial disclosure statements will automatically be sent a form and information from the Commission. Employees who are required to file financial disclosure must complete the form and file it with the Vol usia County Supervisor of Elections. Revision October 1, 1999 12 ...... ." SECTION VII- CLASSIFICATION AND COMPENSATION 7.00 JOB DESCRIPTIONS A. Job descriptions and job classifications are established and maintained by the Personnel Directorwith final approval of the City Manager. B. Job descriptions include the scope, duties and requirements which may be assigned to each classification. Minimum training, education and experience requirements are based on projected job responsibilities and work to be performed. Job descriptions do not necessarily incorporate all ofthe duties to be performed and shall not preclude or limit the immediate supervisor from assigning other duties. C. The Personnel Director may update or revise job descriptions from time to time to expand, reduce or clarify the job duties and/or responsibilities of any classification. The Personnel Directorwill notify affected employees of any proposed change when the City Manager approves the proposed change. D. The position title of each classification, as identified in the job description, shall be the official title of the position and shall be used for all administrative purposes, such as payroll, budget and personnel records. E. The Personnel Director shall assist departments in the drafting of job descriptions for new positions, the revision of existing positions, and shall maintain the official records of these job descriptions. F. All job descriptions will be assigned a classification and pay range. 7.01 CLASSIFICATION PLAN A. Purpose. 1 . Provide all employees with a uniform, objective and equitable system for classifying all positions in the City service. 2. Establish proper relationships (parity) between positions on the basis of difficulty of duties, levels of responsibilities, and minimum qualifications. 3. Establish proper pay forthe City's employees relative to rates received by other employees in the labor market from which the City employees are recruited. 4. Group positions into classes which can be similarly compensated based upon relative value. 5. Establish promotional opportunity lines. Revision October 22, 1999 13 ~ ..."" B. The Personnel Director has the primary responsibility forthe administration and maintenance ofthe Classification Plan and is authorized to: 1. Conduct periodic studies to assure that the Classification Plan and compensation for positions remains current and uniform. 2. Request the completion and submission of position questionnaires or other related information when considered necessary for proper maintenance of the plan. 3. Conduct studies of an existing position when there has been a substantial change in the duties and responsibilities which justify consideration of possible reclassification. 4. Maintain a position authorization summary identifying all authorized positions in the City service. C. Composition of the Compensation Plan. 1. The Compensation Plan shall include: a. A table of minimum and maximum pay ranges. b. A schedule of salary grades for each title in the classification plan, consisting of minimum and maximum ranges. D. Salary Ranges and Progression. 1. The Compensation Plan consists of a salary schedule containing salary ranges, the compensation associated with the ranges, and a schedule listing the assignments of each class in the Classification Plan to a grade in the Salary Schedule. 2. Pay increases are not automatic, but may be achieved through performance evaluations, promotion, reclassification, or pay range adjustment. 3. The City Managershall have final authority to place approved position within the Classification Plan. E. Changes to the Classification Plan must recommended by the City Manager and be approved by the City Council. 7.02 CITY SERVICE A. Continuous Service. 1 . An employee's continuous service date is established as the most recent date of hire and cannot precede the date the employee reported for and began work. as a full time employee. Paid absences do not affect the date of continuous service. 2. The continuous service date for an employee who was initially hired as a temporary or part time employee and becomes a regular employee is the date of full time regular hire. 3. Authorized unpaid leaves of absence for a period of thirty (30) days or more and layoff as provided in these policies and procedures are not considered a break in continuous service, but do affect the employee's benefit date. Revision October 22, 1999 14 ...... """'" 7.03 PAY ADMINISTRATION An employee shall be paid at the rate of pay specified in the approved Compensation Plan. A. Appointment and Starting Rate Guidelines. 1. Generally, a new employee will be hired at the minimum rate for a position. This rate reflects the "market place" value of the position based upon the minimum qualifications needed to perform the work. 2. Hiring above the minimum salary may be authorized by the City Manager, ifthe applicant's training, experience or other qualifications are above those required forthe position Hiring may be approved at a rate up to the mid-point of the range established forthe position, by the City Manager. The Personnel Director can authorize a new hire up to 10% above the minimum of the classification. The Department Director can authorize a new hire up to 5% above the minimum of the classification. B. Promotion. A promotion is defined as the advancement of an employee from the current classification to another classification that is higher. When promoted an employee retains his original anniversary/benefit date. 1. Policy and Guidelines. a. It is the policy of the City to fill any given position with the most qualified individual. Promotion from within the City is a desirable practice in that positions can be filled with individuals who are knowledgeable about the operations of the City and accordingly, the orientation period is significantly shortened. b. To support this policy, whenever possible, vacant or new positions will be filled by promoting qualified regular employees from within the City service. First consideration will be given to employees within the department with the opening. c. The City employees are encouraged to develop new skills, expand knowledge oftheir work, assume greater responsibilities, make known their qualifications for promotion to more difficult and responsible positions, and compete for vacant positions for which they are qualified. 4. The promoted employee will be required to take a drug test. A physical will be required if the new position warrants such. e. The promoted employee's salary shall be at the minimum rate in the higher classification or five (5%) percent above his current salary, whichever is greater. f. The promoted employee shall serve a six (6) month probationary period_upon entering the promotional position. There will be a one year probationary period for Police and Fire. Revision October 22, 1999 15 ....... ...., C. Demotion. A demotion occurs when an employee is reassigned to a position in a lower classification than the position from which the assignment is made. The new rate of pay is determined by the type of demotion. When demoted an employee retains his onginal anniversarylbenefrt dates. 1. Policy and Guidelines. a. Employee Requested Demotions. When an employee requests a demotion due to inability to perform the wof1( due to health or other reasons, the employee may be moved to a lower job classification upon the approval ofthe Department Director, Personnel Director and the City Manager. When a demotion ofthis nature occurs, there shall normally be a reduction in the employee's pay to bring the pay within the salary range for the new classification. However, the employee's Department Director may recommend, subject to the City Manager's approval, that the employee remain at the pay level attained prior to the demotion. If the employee's current salary Is above the maximum grade established for the lower pay grade, their_salary will have to be adjusted to fit within pay classification. b. Operational. When a demotion is initiated due to operational requirements or for the convenience of the City, the rate of pay may be reduced, and cannot exceed the maximum pay rate of the new classification. c. Reduction in Force. When a position is abolished and the employee accepts a position in a lower classification, the rate of pay may be reduced. d. Performance. When an employee is demoted due to an inability to meet performance requirements, the employee's salary will have to be adjusted to fit within the pay classification. e. Disciplinary. An employee may be demoted as a disciplinary measure. The rate of pay shall be reduced. D. Transfer 1 . When employee is transferred from one position to another in the same classification or to a position in another classification with the same pay grade, he shall continue to be paid at the same pay rate and shall retain his anniversary date. 2. The transferred employee shall serve a six (6) months probationary penod upon entering a new position. 3. The promoted employee will be required to take a drug test. A physical will be required ifthe new position warrants. Revision October 4, 1999 16 ...... .."", E. Reclassification When a job changes significantly in tenns of job content and responsibilities, a reclassification may be considered and may result in a higher or lower classification. 1. If the position is downgraded, the new rate of pay shall be detennined by the policy described in Section C above: Demotions - Operational. 2. When an occupied position is upgraded, the new rate of pay shall be detennined by the policy described in Section B above: Promotions. 7.04 PAY A. Payday. Checks will be distributed every Friday unless that day is a holiday, in which case checks will be distributed the last work day preceding that Friday. B. Pay Advances. The City of Edgewaterdoes not make advances on any employee's pay except in the case of vacation. C. Pay Period. The pay period runs from Friday through Thursday. D. Separation from Employment. Persons leaving the employment of the City between regular pay days will receive their pay checks at the next regular pay day. All City property must be turned in atthe time of separation and priorto receiving final pay orthe cost of such propertywill be deducted from the final pay check. Because the City pays insurance premiums one month in advance, the prorated cost of the coverage for the remainder of the month will be deducted from the employee's final pay check. E. Payroll Deductions. 1. Mandatory Payroll Deductions include: a. FICA (Social Security) b. Federal Withholding Tax c. Medicare Tax 2. Optional Payroll Deductions include: a. Financial Institutes b. Insurance (e.g., cancer coverage, accidental, life and disability, etc.) c. Retirement contributions (if applicable) d. Association Dues e. United Way f. U.S. Savings Bonds ReviSion October 4, 1999 17 ~ ...., F. Direct Deposits are available for employee convenience G. Any pay check errors should be reported immediately by the employee to his supervisor. 7.05 HOURS OF WORK A. Work Hours. 1. The City Manager establishes the hours of work, meal breaks and rest breaks for all departments and divisions of the City of Edgewater, depending on the functions and operations involved. 2. Job responsibilities differ from department to department so weekly work schedules may vary. Except in the case of an emergency, employees shall be given forty-eight (48) hours notice of any change in their regular hours of work. 3. Those non-Fire/Police employees working rotating shifts shall receive shift differential pay as follows: twenty-five (25) cents an hour increase for the swing shift fifty (50) cents an hour increase for the midnight shift 4. During emergency evacuation situations and/or unplanned time off given to employees the following shall be adhered to: those already on approved/scheduled time off will remain on the time approved, those failing to report the day of said time off given shall be required to use their own benefit time, those reporting to work and given time off will be paid as regular hours, those placed "on call" will be paid regular hours, those remaining at work or called to work will be paid overtime. 7.06 TIME RECORDS Each hourly employee is required to maintain a daily record of hours worked to be turned into his Supervisoror Department Director at the end of each work week. Failure to keep, or falsification of, the daily record of hours worked shall be grounds for disciplinary action or dismissal. Revision October 12, 1999 18 ...... ...." 7.07 OVERTIME WORK A. Definition Overtime means hours worked in excess of forty (40) hours during a work week. Overtime for police and firefighters is determined pursuant to the Fair Labor Standards Act. B. Overtime Policy. 1. Overtime must be authorized in advance by an employee's supervisor or Department Director. 2. In any department, overtime shall be authorized or directed only when it is in the best interest of the City and is the most practical and economical way of meeting unusual workloads or deadlines. 3. Employees shall be required to work overtime when assigned unless excused by the Supervisor or Department Director. 4. When employees work overtime in excess of five (5) hours before or after their regular shift hours, the immediate Supervisor shall schedule an unpaid break period of one-half CYz) hour during the overtime assignment unless the employee's job requires constant attention. I n such case, the Supervisor may schedule the unpaid break period at the end of the overtime assignment. 5. For the purpose of overtime computation, sick leave, shall not be considered hours worked. Other compensated leave will be counted as time worked. 6. Non-exempt employees shall be compensated at the rate of time and one-half the employee's regular straight time hourly rate or compensatory time off at a rate of one and one half hours for each hour worked in excess of a normal work week. 7. The decision to receive compensatory time or pay for overtime worked shall be reached between the employee and Department Director prior to any extra time being worked. Ultimately, that is the decision of the Department Director. 8. Compensatory time accumulated by a non-exempt employee shall be used within thirty (30) days of said accumulation, whenever possible. 9. Pursuant to the Fair Labor Standards Act there is no requirement that exempt employees be compensated for hours worked in excess of their normal work week. However, to meet the special needs of a department, at the discretion of a Department Director, exempt employees may accrue compensatory time. Compensatory time eamed by exempt employees shall be taken on the basis of hour for hour worked. 10. If an employee resigns or retires without having used accumulated compensatory time, the time will be paid to the employee at the rate of pay received when the employee leaves the City service. 11. It is the Department Director's responsibility to maintain an up-to-date log of the accrued and used compensatory time for each employee in the department. Revision October 12, 1999 19 ....... ....", 7.08 CALL BACK TIME A. If any employee is called back to work outside his scheduled working hours, he shall receive a minimum of two (2) hours pay at the rate of one and one-half his regular straight time rate. The two (2) hour minimum shall not apply to work scheduled outside of regularworking hours for which the employee has advance notice, but is intended to compensate employees who are unexpectedly called back to work. Employees who are scheduled to work outside of regular working hours for which the employee has advance notice shall receive a minimum of one (1) hour pay at the appropriate rate at the regular straight time rate if such time is included within the regular work week or at time and one- half if such time constitutes overtime. B. Any employee who, in the exercise of his official duties, is subpoenaed to appear before any person or agency on his regular day off shall receive a minimum ofthree (3) hours pay at the rate oftime and one-half his regular rate. C. Those employees covered by the Fraternal Order of Police Collective Bargaining Agreement should consult that agreement to determine the applicable policies. D. Any management personnel or supervisory who is required to work during a declared emergency situation may be paid overtime for any hours in excess of forty (40) hours per week. Revision October 22, 1999 20 ........ ...., SECTION VIII - EMPLOYEE BENEFITS 8.00 PURPOSE In order to achieve the City's general policy to provide reasonable compensation, benefits, assurances and safeguards to its employees, the City has developed and maintains a comprehensive package of benefits and programs for its employees. Benefits are automatically granted to employees based on the criteria described herein. Employees must meet eligibility guidelines described in this section. The benefits described herein apply to regular employees and part time employees on a pro-rata basis. 8.01 HOLIDAYS A. The City will recognize the following as paid holidays: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day B. Whenever a holiday falls on Sunday, the holiday will be ObseNed by the City on the Monday following the holiday. C. Whenever a holiday falls on Saturday, the holiday will be obseNed on the Friday before the holiday. D. For those employees working rotating shifts, if the actual holiday falls on an employee's off duty day, he shall receive an additional day's compensation paid at his regular rate of pay. E. For those employees working rotating shifts, if the actual holiday falls on an employee's on duty day, he shall be compensated at the rate of time and one-half his regular rate of pay for all hours worked in addition to his holiday pay. F. In lieu of holiday pay, an employee shall be allowed a day off with pay with the concurrence of the Department Head. The day taken off in lieu of the holiday must be taken within thirty (30) calendar days after said holiday. G. In order to be eligible for holiday pay an employee must work both his last scheduled work day before the holiday and the first scheduled work day after the holiday unless the absence is due to compensated leave. Revision October 4, 1999 21 '--'" ....." 8.02 PERSONAL DAYS Each employee shall be entitled to three (3) personal days with pay per year which must be taken within that anniversary year. Employees shall not receive pay in lieu thereof. Personal days shall be scheduled with the approval of the Department Director. 8.03 VACATION A. Employees shall be entitled to annual vacation leave with pay at the employee's regular rate of pay I on the following basis: Time in City Service Vacation Leave General Employees: Less than 1 year 1 - 4 years 5 - 10 years 11 years 12 years 13 years 14 years 15 years 16 years 17 years and over o hours 96 hours 144 hours 192 hours 200 hours 208 hours 216 hours 224 hours 232 hours 240 hours ( Supervisory Personnel with 18 years and over: 248 hours) Police/Fire Personnel: Less than 1 year 1 to 4 years 5 to 10 years 11 years 12 years 13 years 14 years 15 years 16 years 17 years o work days 12 work days 18 work days 24 work days 25 work days 26 work days 27 work days 28 work days 29 work days 30 work days Revision October 4, 1999 22 '-1 ,..." B. No employee shall be entitled to vacation time without having completed a full year's employment. Upon completion of one (1) year of employment with the City, an employee shall be credited with ninety-six (96) hours (12 workdays for Police) of vacation leave. Subsequent to the completion of one (1) year of employment, an employee shall accrue vacation leave on a monthly basis. C. Vacation leave accrued, but not used, within any given anniversary period may be carried over And accumulated. Employees may accumulate vacation leave up to a maximum of five Hundred (500) hours. (Police & Fire personnel on 12 hour days 750 hours) D. Upon termination of employment, except forthe commission of a criminal act as determined by the City Manager, an employee shall be paid for any unused portion of accrued vacation time. The payment shall be determined by using the rate of pay received by the employee at the time of termination. E. In lieu of taking vacation leave, vacation leave may be cashed in an amount equal to one Half of that accrued within the current anniversary period. The amount of compensation shall Be determined by using the employee's hourly rate at the time the vacation leave is cashed in. F. Vacations must be scheduled with the approval of the Department Director. 8.04 LEAVE OF ABSENCE A. Leave of Absence With Pay. 1. Jury Duty or Witness Leave: Any employee shall be given necessary time off without loss of pay when performing jury duty or when called by proper authority to be a witness in a legal proceeding concerning City of Edgewater business, provided such call to duty is reported in advance to his Supervisor and approved by the Department Head. Any fees paid to the employee for the performance of jury duty or being a witness shall be tumed over to the City. Jury duty and witness leave shall not be considered as hours worked for the purposes of determining whether overtime is due. 2. Military Leave: Any employee who is a member of the National Guard or an organized military reserve unit of the United States will be allowed a maximum of twenty (20) calendar days leave of absence at anyone time when called to active duty or for training. During such period of leave with pay, the employee's benefits shall continue uninterrupted in the same manner as if they were on active duty with the City. Revision October 4, 1999 '-' ...." 8.05 BEREAVEMENT LEAVE A. When a death occurs in the immediate family of an employee, that employee shall be granted up to three (3) days bereavement leave without loss of pay. Additional time may be taken by the employee as vacation leave, personal days, sick leave, compensatory time, leave of absence without payor a day off without pay. B. The City agrees that immediate family is defined as spouse/cohabitant, parents, grandparents, children, grandchildren, brothers, sisters, stepchildren and stepparents of either the employee or spouse/cohabitant. C. The City has the right to request a verification of the death. 8.06 LEAVE OF ABSENCE WITHOUT PAY A. Personal Leave 1. The Department Director may grant a regular employee a leave of absence without pay for a period not to exceed thirty (30) working days. Leaves of absence without pay for a period in excess of thirty (30) working days shall be approved by the City Manager. Such leaves may be granted only to employees who have completed their probationary period and who have exhausted all of their sick, vacation and personal time accrued. 2. The taking of a day off without pay shall not constitute a leave of absence without pay until an employee has accumulated five (5) days off without pay within any twelve (12) month period 3. Benefits shall not accrue during a leave of absence without pay. Benefits shall accrue during a leave of absence with pay until such time as the leave of absence with pay exceeds sixty (60) working days. Benefits shall not accrue during a leave of absence with pay exceeding sixty (60) working days. 4. The City shall cover the employee under its group health plan through the end of the month in which the employee requests that the leave begin. Thereafter, employees on leave may continue their benefits under the City's group health insurance plan provided the employee pays the entire monthly premium due during the leave. Employees who wish to continue their insurance coverage should so advise the Personnel Director before beginning their leave. S. Because operations sometimes require that vacant positions be filled, a personal leave of absence does not guarantee that the job will be available when the employee returns from a leave. An effort, however, will be made to place the employee in the previous position or a comparable job which the employee is qualified to perform. If no such position is available, the employee will be given preference when a position does become vacant if he has the necessary qualifications. Revision October 12, 1999 24 "-'"' ..." B. Family and Medical Leave - All eligible employees will be given Family and Medical Leave in accordance with the Family and Medical Leave Act. An employee requesting unforeseen leave must do so within two (2) days after the serious health condition and said condition must be certified by a physician. All Family Medical Leave must be arranged through the Personnel Department. 8.07 SICK LEAVE All employees ofthe City shall be entitled to sick leave and compensation therefore underthe following terms and conditions: A. In order to receive pay for sick leave an employee must notify the Supervisor, Department Director or designee of the specific employee's department, at the start of the work day which he will miss. B. Sick leave will be eamed at the rate of eight (8) hours for each month of service (one day for police and fire personnel). These hours shall accumulate up to a maximum of three hundred and twenty (320) hours (40 days for pOlice and fire personnel). After accumulating the three hundred and twenty (320) hours (40 days) maximum sick leave, an employee shall receive as additional pay the hours in excess of three hundred and twenty (320) (40 days) up to an additional eight (8) hours (full day's pay) for each month thereafter that he does not use any sick leave. If, however, the employee uses any sick leave after accumulating the three hundred and twenty (320) hours (40 days) maximum sick leave, the employee must restore his accumulated sick leave to the maximum again before he shall be eligible for any additional pay. C. Upon termination of employment, except for the commission of a criminal act as determined by the City Manager, an employee is entitled to a lump sum payment for any unused portion of accrued sick leave. In the event of death, an employee's beneficiary shall be entitled to a lump sum payment for any unused portion of accrued sick leave. The payment shall be determined by using the rate of pay received by the employee at the time of termination. D. Sick leave may be used for illness in the immediate family or donated to any City employee who has an emergency or long term illness. Immediate family is defined as: spouse/cohabitant, parents, grandparents, children, grandchildren, brothers, sisters, step-children and stepparents of either the employee or spouse. 8.08 DONATION OF SICK/VACATION/PERSONAL TIME A. Employees may donate accrued sick, vacation or personal time to a City employee who has an extended period of illness. B. The employee receiving the donation must have exhausted all available sick leave, personal leave and vacation leave. C. The time will be donated on a day for day basis with no distinction made between differing hourly rates of employees. D. The Personnel Department will process requests for and donation of accrued time. Revision October 7, 1999 25 ... ....., 8.09 WORKERS' COMPENSATION CLAIMS A. Eligibility. All employees injured in the line of duty are eligible for workers' compensation benefits, in accordance with Chapter 440, Florida Statutes. A workers' compensation managed care arrangement is a health care delivery system which provides quality medical care while ensuring proper treatment and containing medical costs which became mandatory on January 1, 1997. (440.134F.S.) B. Procedures. 1. If an on the job injury occurs the supervisor must be notified immediately and either the supervisor or the Personnel Department will call the managed care arrangement representative. Of course in the case of a life threatening emergency someone should first call 911 . Once the managed care representative has been notified and given the necessary information about the injury, they coordinate all medical needs, which will include a drug screen in all cases. Information will have to be provided to ensure the workers compensation benefits are calculated and reported accurately. 2. The injured employee must report to the Personnel Department as soon as possible (after medical attention is administered in emergency cases) to complete all necessary papelWOrk and receive necessary information. 3. An Incident report shall be completed by the employee and supervisor in each case of a work related injury or accident, regardless of severity orwhether medical attention is required. The report shall be submitted to the Safety Officer as soon as possible for follow up into prevention of a reoccurrence. 4. No injured employee will be allowed to return to work without medical release. C. Questionable Injuries Ifthe Supervisor or Department Director is suspicious ofthe reported injury, this shall be communicated to the Personnel Director and/or the Safety Officer for appropriate action. D. Workers' Compensation Benefits. A regular employee covered hereunder who is temporartlydisabled in the line of duty shall receive paid leave, and benefits for the period of this disability subject, however, to compliance with all of the following conditions: 1. The disability involved must have resulted from an injury or an illness directly related to or sustained in the performance of the employee's work. 2. Paid leave shall not exceed ninety (90) work days (135 work days for police and fire personnel) for anyone injury. If, as a direct result of the continuation of the disability involved, the employee is unable to return to work at the end of the period, the employee may petition the City Manager for an extension of full pay status. If the City Managerdecides not to permit the employee to remain in full pay status beyond the period, the employee shall revert to normal Workers' Compensation benefits. 3. As a condition precedent to obtaining paid leave, the employee must in writing assign his Workers' Compensation weekly benefits to the City for the period ofthe disability leave or any extension thereof. Revision October 4, 1999 26 'w' ....., 8.10 EMPLOYEE ASSISTANCE PROGRAM (EAP) Each fiscal year the City enters into an agreement with ACT as the City's Employee Assistance Program. All employees and their immediate family members have the benefit of free consultation on a variety of issues. Details on the City's Employee Assistance Program are available from the Personnel Department. 8.11 CLUB CARDS Employees ofthe City of Edgewater are eligible for membership in a number of Florida theme parks, i.e., Disney World, Epcot, Sea World, etc., along with being eligible for membership at Sam's Wholesale Warehouse. Membership entitles you to certain discounts. Your membership card and further information can be obtained from the Personnel Department. Membership cards must be returned to the Personnel Department upon termination of employment with the City. 8.12 GROUP INSURANCE A. Health and Life Insurance. 1. Any regular full time employee is eligible for health and life insurance when he has completed ninety (90) days of employment. 2. The City pays the entire premium forthe employee_and fifty (50%) percent of the dependent's coverage. The City pays the entire premium for the Department Director and their dependent's coverage. 3. The City pays the entire premium for life insurance for each City employee in an amount equal to their annual salary. 4. Insurance benefit books and enrollment papers will be furnished by the Personnel Department B. Continuation of Group Health Coverage. Federal law requires that your group plan allow qualified persons to continue group health coverage after it would otherwise end. Forthis purpose, "group health coverage" includes any medical, dental, vision care and prescription drugs coverage that are included in the group plan. Pursuant to the requirements of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and any subsequent amendments, employees shall be given the opportunity to continue their health insurance coverage after leaving the employ of the City. 8.13 PENSION The City of Edgewater provides a pension plan for employees. Information pertaining to eligibility, enrollment, deductions, vesting, calculation of benefits and retirement ages can be obtained through the Personnel Department. Revision October 4, 1999 27 '-' .." SECTION IX - PERFORMANCE APPRAISALS 9.00 PAY FOR PERFORMANCE (MERIn INCREASES Employee appraisals are utilized as a communication between employee and management as to management's expectations and employee's progress. At the start of employment goals are set with the employee, throughout the year areas needed improvement are documented and each yearend, scores are logged. Pay increases are not automatic but are granted or denied at the City's discretion. Details on the pay for performance appraisal system are available from the Personnel Department. Revision October 4, 1999 28 .. ..,. ~ SECTION X - EDUCA TION/TRAINING 10.00 EMPLOYEE EDUCA TION/TRAINING PROGRAMS The City agrees to make a good faith effort to promote on-the-job training for the purpose of improving the performance of employees, improving the quality of service rendered to the public, aiding employees to equip themselves for greater responsibilities and advancement to higher positions when available. Some ofthis training must, by its nature, be subject to available funds. The City will not expect any employee to attend required training to improve job performance and/or required training in specialized techniques outside his normal working hours, if possible. TRAINING It is the responsibility of the City Manager in conjunction with Department Heads and the Personnel Directorto foster and promote in-service training of employees. Standards fortraining programs will be established to assure that training is carried out as approved by the City Manager and prepared certificates or other forms of recognition to persons who satisfactorily complete approved courses and programs will be awarded. These certificates, etc. will be logged in the individuals official personnel file as training/education accomplishments. For training required by the City as a condition of continued employment, the City shall assume financial responsibility fortuition, books, and travel, if approved in advance by the City. The time and location of all required training must be approved in advance by the City. The City will provide on dutytraining and/ortime off with pay, including traveltime as required bylaw, for all training required by the Cityforthe purpose of job retention. Ifthe employee does not satisfactorily complete the course, he may re-enroll at his expense, and take such course on his own time. Then ifthe employee does not satisfactorily complete the course, he may be terminated from the position. LICENSE RENEWALS/EXAMS An employee may be given leave for the purpose of taking exams to renew required licenses or obtain a new license directly related to their work. Expenses will be paid as required by law, however, no over-time will be paid to an individual taking exams; compensatory time will be given forthe exam time only. The employee will be reimbursed for license renewals such as commercial drivers licenses which are required by job description. EDUCATION In order to increase the efficiency and productivity of City Staff, it may become necessary to enroll in a formal program or course provided by an accredited educational institution or organization. These courses will be categorized as Required, or Enrichment. Reauired: This is a course needed as a condition of continued employment with the City. Upon prior approval by the Department Head and the City Manager for enrollment, the City shall assume financial responsibility for tuition, books and transportation. Ifthe employee does not satisfactorily complete the course, he may re-enroll at his expense, and take such course on his own time. Then ifthe employee does not satisfactorily complete the course, he may be terminated from the position. Revision October 4, 1999 29 ... ..... Enrichment: These are courses not considered a condition of employment but those which may contribute to improved efficiency and/or work quality. (a) If an employee requests to take an enrichment course, upon prior approval by the Department Head and the City Manager for enrollment, the employee will receive reimbursement for 50% ofthe tuition. (b) If it is recommended that an employee take an enrichment course, upon prior approval by the Department Head and the City Manager for enrollment, the employee will receive reimbursement for75% of the tuition. All reimbursements will be subject to satisfactory completion of courses and if the employee remains in the City's employment for six (6) months beyond the completion of the course. If the six month requirement is not met, the reimbursement may be deducted from the employee's last pay check. In the event an employee is required to take an enrichment course, upon prior approval by the Department Head and the City Manager for enrollment, the City shall assume financial responsibility for tuition and books. If the employee does not satisfactorily complete the enrichment course, the employee's related performance shall be addressed through his annual appraisal. SEMINARS/CONFERENCES: These are programs not considered a condition of employment but as a contribution to improved efficiency, work quality, and/or job knowledge. Upon prior approval ofthe Department Head and the City Manager for enrollment, the City will assume all financial responsibility by paying directly or reimbursing the employee fortravel, lodging, meals, registration, books, materials, tolls, parking and other such expenses as are reasonable and justifiable for an employee to attend a seminar or conference. These expenses shall be subject to the following. 1. The employee must be a member of the professional organization providing the seminar/courses (if applicable). 2. The employee's position and/or function would be enhanced and thereby directly benefit the City. Revision October 4, 1999 30 ...... ....., SECTION XI - CODE OF CONDUCT 11.00 OBJECTIVES A. One ofthe primary objectives ofthe City of Edgewater is to establish and administer a personnel management system which provides superior service to the community by employing and retaining individuals of the highest caliber who display pride and dignity in the performance of their duties. B. The City Administration advocates acceptance ofthe concept that with quality public service at all levels of government, the City can attain maximum efficiency and effectiveness. C. All City employees are encouraged to develop skills and seek formal training that will enhance their personal development and add to the overall expertise of the organization. D. Employees are encouraged to maintain their personal appearance in a mannerwhich will reflect a good image to the public in accordance with departmental rules which may be established forthis purpose. E. It is the policy of the City to expect from its employees compliance with all personnel rules and regulations, local ordinances, 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 standards of conduct or rules and regulations may be subject to disciplinary action. 11.01 CODE OF ETHICS All City employees shall be bound by the requirements ofthe Code of Ethics for Public Officers and Employees, Part III, Chapter 112, Florida Statutes which includes, but is not limited to: A. No City employee shall solicit or accept any gifts, including Christmas gifts, favors or service, that might influence them in the discharge of their official duties. B. No City employee shall use, or attempt to use, his position to secure special privileges or exemptions for himself or others. C. No City employee shall disclose confidential information gained by reason of his official position, nor shall he otherwise use such information for his personal gain or benefit. D. No employee shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with the City; nor shall an employee have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties. E. N&City employee shall transact any business in their official capacity with any business entity of which he or she is an officer, director, agent or member, or in which he orshe ortheirspouse or child owns a material interest. Revision October 4, 1999 31 .. ~ 11.02 DRESS AND APPEARANCE A. City employees are expected to maintain high personal, moral and ethical standards. One of the most noticeable expressions of these personal standards is dress and appearance. B. What 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 fortheirfunctions. Determination of an employee's specific dress and appearance is supervisory responsibility and will be treated as such. Personal appearance standards may be established in departmental rules. C. City employees represent the City in all dealings with the public. Appearance, attitude, and behavior all announce to the taxpayers what may be expected from the City government. Keeping the work area in a neat and order1y fashion is also important. It indicates a safe, efficient operation. Forthese reasons, the City stresses the importance of neat dress, good grooming, and courteous behavior as minimum standards for City employees. D. All employees who have been issued City uniforms shall wear the complete uniform at all times when they are performing work for the City. City uniforms shall not be wom at times other than work hours except for the normal time of travel to and from work. Upon resignation, retirement, or dismissal, uniforms must be returned clean before a final pay check is issued. 11.03 POLITICAL ACTIVITY A. No employee, official, or other person shall solicit, orally orby letter, contributions orservices for any political party or candidate from any employee during his work hours. B. Nothing herein shall be construed to restrict the right of the employee to hold membership in and support a political party, to vote as he chooses, 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. C. Any employee who is elected or appointed to any political office within the City shall resign from the employment of the City. 11.04 EMPLOYMENT OF RELATIVES A. In accordance with Section 112.3135 Florida Statutes, a public official may not appoint, employ, promote or advance, or advocate for appointment, employment, promotion or advancement in orto a position in the agency in which he is serving or overwhich he exercises jurisdiction or control any individual who is a relative ofthe public official. An individual may not be appointed, employed, promoted, or advanced in orto 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 agency, who is a relative of the individual. Revision October 4, 1999 32 ~ ...." B. Public Official means: An officer, or an employee in whom is vested the authority by law, rule or regulation, orto whom the authority has been delegated, to recommend individuals for appointment, employment, promotion, or advancement in connection with the employment in an agency. C. Relative, 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, spouse/cohabitant, 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. 11.05PUBLlC RELATIONS - RELEASE OF INFORMATION A. The employee shall at all times be courteous and friendly to those members ofthe public who seek information. B. Employees are cautioned that information concerning subjects under discussion or consideration often change in content and meaning before becoming an accomplished fact. Any release of such information before final decisions or disposition ofthe matter often causes misunderstanding and confusion resulting in waste of time and money. C. An employee will decline courteously to reveal information and shall direct such inquiry to the Department Director or City Manager, keeping in mind that it is not the intent of the City to be secretive, orto withhold valid information, but to assure that all information released is true and accurate. 11.06 (vacant) Revision October 4, 1999 33 ... ..... 11.07 DISCRIMINATION AND HARASSMENT POLICY It is the City's policy that employees should be able to work in an environment free of discrimination, and free of any form of harassment, based on race, color, religion, sex, age, marital or family status, disability, national origin, or veteran status. A. To help ensure that no City employee feels that he or she is being subjected to discrimination or harassment, the City prohibits any offensive physical, written, or spoken conduct or language which could create either a hostile work environment or the perception of a hostile work environment. This includes, but is not limited to: 1. Unwelcome or unwanted advances, including sexual advances. This means patting, pinching, brushing up against, hugging, comering, kissing fondling, or any other similar physical contact or behavior. 2. Requests or demands for favors, including sexual favors. This includes requests or expectations, whether blatant or subtle, for any type of favor, including requests for dates and sexual favors, accompanied by an implied, stated, or perceived promise of preferential treatment or threat of negative consequences. 3. Verbal abuse or kidding that is oriented toward a prohibited form of discrimination or harassment, including that which is sex-oriented or considered unwelcome. This includes comments about race, color, religion, sex, age, marital or family status, handicap, disability, national origin, veteran status, or body or appearance; telling "dirty jokes" or "ethnic jokes"; or any sexually oriented comments, innuendos, or actions that offend. 4. Any type of sexually oriented conduct or other prohibited form of discrimination or harassment that would interfere with anyone's work performance. This includes extending unwanted sexual attention toward someone which reduces that person's productivity or time available to work at assigned tasks. 5. Creating a work environment that is intimidating, hostile, abusive, or offensive because of unwelcome or unwanted conversations, suggestions, requests, demands, physical contacts, or attention which is either sexually oriented or otherwise related to a prohibited form of discrimination or harassment. 6. Use of profane or abusive language directed at fellow employees or citizens. The nature of some discrimination and harassment makes it virtually impossible to detect unless someone reports the discrimination or harassment. Thus, if any employee believes that he or any other employee is being subjected to any of these forms of discrimination or harassment, or believes that he or any other employee is being discriminated against because other employees are receiving favored treatment in exchange for, for example, sexual favors, he must report this to his supervisor, Department Director, Personnel Director and/or City Manager. A record of the complaint and the findings will become a part of the complaint investigation record, and the file will be maintained separately from the employee's personnel file. It is understood that any person electing to utilize this complaint resolution procedure will be treated courteously, and the problem will be handled swiftly and discreetly. The registering of a good faith complaint will in no way be used against the complaining employee, nor will it have an adverse impact on the employee's status with the City. Revision October 4, 1999 34 '-'" .... 11.08 DRIVING RECORD A. A valid pertinent Florida driver's license is required for anyone who operates a City vehicle. Any employee whose license is suspended, revoked, canceled, or expired shall not drive any City vehicle until such time as the license has been reinstated. B. The number and expiration date ofthe employee's driver's license or chauffeur's license shall be recorded in the department's files with periodic reviews to verify compliance with this policy. C. An employee who is required as a condition of employment to possess and maintain a valid Florida driver's or commercial license, must immediately inform his supervisor in the event the license is denied, expired, suspended or revoked. 11.09 DRUG AND ALCOHOL USE A. The City of Edgewater is a Drug Free Workplace; all employees are prohibited from: 1. Selling any drug, including alcohol or prescription drugs, whether on or off-duty, unless the employee is legally entitled to sell the substances in question. 2. Possessing any alcoholic beverage or illegal drug while on-duty or on City property at any time. 3. Using any controlled substance not prescribed for the employee by a physician or alcoholic beverage which may adversely affect job performance. This may include both use while on-duty and use while off-duty which can adversely affect on-duty performance. 4. Reporting to work with the presence of illegal drugs or alcoholic beverages in the body system which is equal to or exceeds the cutoff detection levels established pursuant to Chapter 440, Florida Statutes. B. When reasonable cause exists to believe that an employee is under the influence of any controlled substance, narcotic drug or alcohol, the employee's Department Director and Personnel Director upon approval by the City Manager or his designee shall have the authority to require employees to submit to testing designed to detect the presence of such controlled substance, narcotic drug, or alcohol. In the event the City requests that an employee submit to testing and the employee chooses not to submit to such tests, this refusal shall be grounds for appropriate disciplinary action. C. An employee who must use a prescription drug which the employee has been advised will or which the employee may reasonably expect to cause adverse side effects such as drowsiness, impaired reflexes, or reaction time shall inform his Department Director that he is taking such medication on the advice of a physician and of the possible side effects of the drug and expected duration of use. D. Direct involvement in an accident and/orthe filing of a workers compensation claim by an employee while on duty shall be considered reasonable cause to require the employee to take drug or alcohol tests. Revision October 22, 1999 35 .... ...." 11.10 GENERAL SAFETY AND HEALTH A. The City provides for the continuous monitoring of the working conditions and equipment of its employees for observance of safety requirements. B. Employees will observe all safety rules and regulations established in the City. Employeeswill report all unsafe conditions or practices to their Supervisor. Employees are responsible for reporting all injuries, no matter how minor, to their Supervisor. C. The City provides, at its expense, certain items of safety equipment that must be wom by employees to whom the safety equipment has been issued at all times during work hours unless directed otherwise by immediate Supervisors. D. Failure of an employee to use issued safety devices and/orfailure of an employee to file a written report of injury sustained on the job may result in disciplinary action upto and including termination. E. City vehicles shall be operated in strict compliance with all laws which apply to motorvehicles in the State of Florida. This includes the Florida Seat Belt Law. Violators will be responsible for any fines incurred and subject to disciplinary action. F. The Safety Officer will review safety infractionslincidents which have or could result in loss of productivity, property, efficiency, or other liability to City operations, and may recommend corrective action to the Department Directors. 11.11 JOB RELATED HEARING As a condition of employment, any employee may be required, upon due notice, to cooperate with respect to any job-related hearing or inquiry conducted by any person authorized by lawto conduct such hearing or inquiry, and, in particular by the City Manager, or any person, committee, board or body authorized to act on their behalf. If any employee willfully refuses orfails to appear or appears but refuses to answer any questions relating to matters arising out of City employment which may be asked by the Department Director or any other authorized person or official, the employee may be immediately terminated from City employment. 11.12 NOTIFICATION OF CRIMINAL CHARGES An employee is responsible for immediately notifying his Supervisor and Personnel Directorwhen information has been filed by a prosecuting official against him for any jOb related offense or crime of moral turpitude as defined in Section XII, Paragraph 12.02 A.7.b. 11.13 STRIKES AND LOCKOUT Employees shall have no rightto instigate, promote, sponsor, engage in, or condone any work stoppage, boycott, slow-down, strike, intentional disruption of City operations, orwithhold services for any reason. Each employee also occupies a position of special trust and responsibility in maintaining and bringing about compliance with the strike prohibition of Section 447.505, Florida Statutes, and of the Constitution of the State of Florida. Revision October 4, 1999 36 .., ..." 11.14 OUTSIDE EMPLOYMENT Employees are not restricted from engaging in other employment during their off-duty hours. City employment shall be considered the primary employment and no employee may engage in outside employment which would interfere with the interest ofthe City service orviolate the code of Ethics for Public Officers and Employees, Part III, Chapter 112, Florida Statutes. Prior to engaging in other employment the employee must notify their Supervisor and their Department Director. Priorto engaging in other employment, a Department Director must obtain authorization from the City Manager. 11.15 USE OF CITY PROPERTY A. Employees are expected to exercise reasonable care in the safekeeping, use and preservation of City equipment, tools, vehicles, materials, uniforms, etc. Personal use of City equipment, materials, tools, supplies, etc., is normally not permitted and may constitute a criminal offense. Employees who use City property while off-duty shall have prior written approval ofthe City Manager or designee including dates, location and purpose of use. Employees shall retum City property upon expiration of approval or upon request of their Supervisor. B. All employees shall promptly report in writing to their Supervisor the loss, damage or unserviceable condition of any City property. C. Negligence in the use and care of City property, including abuse, misuse, willful or negligent loss or destruction will result in the employee being responsible forthe first two hundred ($200.00) dollars for the repairs or replacement ofthe City property. Said negligence may result in disciplinary action, the requirement for further restitution or prosecution. 11.16 WEAPONS IN THE WORKPLACE Possession, use, orthreat of use, of a deadly weapon is not permitted on City property, including in City vehicles, in City owned, leased, or rented facilities, or in private vehicles parked on City property. An exemption will exist when possession of, or use of such weapon is a necessary requirement ofthe jOb and approved by the City Manager. A "deadly weapon" may be defined as any object used orthreatened to be used in an offensive or aggressive manner in relation to the facts of a given situation. It is the City policy to strongly enforce this high priority ban on weapons at work. Possession of a deadly weapon, even without its use, is a violation of City policy. Due to the high priority on enforcement ofthis policy, such serious disciplinary action, including termination, may occur even on a first offense. Revision October 26, 1999 37 .... "W" 11.17 USE OF E-MAIL, COMPUTERS AND PHOTOCOPIER The intent of this policy is to identify the City's position concerning the use of the electronic E-mail system, computers and photocopiers by employees, supervisors and directors. Management has the authority and responsibility for the systems. A. Computers, computer files, E-mail systems, photocopiers and software furnished to Employees are office property and intended for business use. Employees should not use a password, access a file, or retrieve any stored communications without authorization. To ensure compliance with this policy, photocopier, computer and E-mail usage may be monitored. Employees should not therefore assume that electronic communications are personal and confidential and should be aware that they may be monitored and/or disclosed by the City of Edgewater without the permission of the Employee. B. The City of Edgewaterstrives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Therefore, the City of Edgewater prohibits the use of photocopiers, computers and the E-mail system in ways that are disruptive, offensive to others, harmful to morale orwhich could constitute unlawful sexual or racial harassment. Misuse of these systems include reproducing or transmitting images of a sexual nature, ethnic slurs, racial comments, off-color jokes, or anything that may be construed as harassment or showing disrespect for others. C. E-mail may not be used to solicit others for commercial ventures, religious or political causes, outside organizations, or other non-business matters. D. The City of Edgewater purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer, the City of Edgewaterdoes not have the right to reproduce such software for use on more than one computer system. The City of Edgewater prohibits the illegal duplication of software and its related documentation. E. Employees should respect the confidentiality of other employee's electronic communications and may not attempt to determine passwords, or breach computer and network security measures or monitor electronic files or communications except by explicit direction of management. F. Employees should notify their immediate supervisor, Department Director, orthe City of Edgewater's designee upon learning of violations pfthis policy. Violations could result in discipline upto and including discharge. Revision October 4, 1999 38 ...... "WI" SECTION XII - DISCIPLINARY ACTIONS 12.00GENERAL A. The Department Director is responsible forthe proper and efficient operation of his department and for enforcing all policies and regulations. It is the responsibility of all employees to observe the policies and regulations necessary for the proper operation of the department in which they work. B. Disciplinary action may be imposed upon an employee for conduct or actions which interfere with or prevent the effective and efficient performance of a department's responsibilities. The purpose of such disciplinary action shall be to effect correction of employee conduct rather than to be solely punitive. C. The type and severity of disciplinary action shall be related to the gravity of the offense, the employee's record of disciplinary action, length of service, and actions taken in similar cases, both within the department and in other departments. D. Any adverse action taken against an employee must be based on cause supported by sufficient evidence, be consistent with other such actions taken throughout City government, and be fair and equitable. E. The initiation of disciplinary action for all employees shall: 1. Identify elements of an employee's conduct, work habits and/or performance contrary to the rules, regulations, policies, procedures, and/or objectives of the department, and/or the City. 2. Provide constructive feedback to the employee. 3. Encourage employees to cooperate and be productive members of the workforce. 4. Correct or improve improper or deficient employee performance or behavior which is seen or viewed by the Supervisor to be less than acceptable. 5. Provide documentation of the Supervisor's efforts and communication to the employee regarding his performance. 12.01 DISCIPLINARY ACTION AUTHORITY It shall be the responsibility of the respective Supervisor to: A. Review the performance of assigned employees. B. Identify and recognize employee offenses against or contrary to these policies, procedures, and/or department operating procedures. C. Document, initiate and select appropriate preventive and corrective disciplinary measures. D. Forward proposed appropriate disciplinary actions to the Department Director and the Personnel Director for review. E. Carry out the appropriate disciplinary actions after the Department Director's and the Personnel Director's clearance is provided. F. Assure that the Personnel Director receives completed copies of all disciplinary actions taken against an employee. Revision October 4, 1999 39 ....... ..... 12.02INAPPROPRIATEJUNACCEPTABLE BEHAVIOR The following is a list of prohibited activities. Some activities are so serious in nature that termination is appropriate without regard to the employee's length of service, prior conduct and performance record. Other activities will result in lesser degrees of disciplinary action. Employee behavior will be evaluated based upon all relevant factors. 1. Insubordination: Failure, or unreasonable delay, in carrying out specific instructions given by a Supervisor. Blatant disregard of supervisory instructions. Failure to cooperate with supervisory direction. 2. Physical Harm/Assault: Assault on or inflicting bodily harm on another employee, Supervisor, or memberofthe public. Assault is defined as an (indirect ordirect) threatening or aggressive action or language toward another employee, Supervisor, or member of the public. 3. Theft or Pilfering: Possessing, taking, removing, destroying, or tampering with City property without proper authorization. 4. Malicious or Willful Destruction (Abuse) of City Property: Malicious or willful destruction, negligence or abuse of City property, equipment or facilities. Damage to property by failing to use proper equipment, care, and/or good judgment. 5. Fraud or dishonesty: Falsification of City records or record keeping, e.g., employment applications, attendance records, payroll records, purchasing activities, etc. 6. Drug/Alcohol Use: See list of prohibited activities in Section 11.09. 7. Violations of Law: a. Pleading guilty or nolo contendere to ajob related felony, misdemeanor or misdemeanor involving moral turpitude. Being found guilty of ajob related felony, misdemeanor or misdemeanor involving moral turpitude. b. "Crimes of moral turpitude," as that term is used herein, includes any criminal conviction or plea of nolo contendere, under a city, county, state, orfederal ordinance, regulation, statute, or law, where the criminal act or conduct involves conduct contrary to justice, honesty, modesty, community morality, orgood morals, generally. A crime of moral turpitude thus includes, but is not limited to, any crime, the commission of which, reflects adversely on a person's reputation, integrity or reliability, or which otherwise brings, tends to bring, or may reasonably be expected to bring, discredit or disrepute upon that person or that person's employer. 8. Conflict of Interest: Violating Code of Ethics for Public Officers and Employees, Part III, Chapter 112, Florida Statutes. 9. Safety Violations: Unauthorized possession and/or use of weapons, ammunition or explosives. Neglect in the safety of others or the committing of unsafe acts in the use and care of City property or equipment. Revision October 4, 1999 40 ..... .... 10. Unauthorized Absences: Failure to report to work for three (3) or more consecutive working days without prior authorization from the employee's Supervisor or his designee. 11. Strikes: Instigation, promotion, sponsorship, engagement in, orcondonement of any work stoppage, boycott, slow-down, strike, intentional disruption of City operations, or withholding of services for any reason. 12. Dangerous Horseplay: Pranks resulting in physical harm or property damage. 13. Misconduct: a. Gambling on City time and property. b. Smoking in restricted areas. c. Any act or language which adversely affects morale, production, orthe maintenance of discipline. d. Rudeness or acts of disrespect to the public, Supervisors or co-workers. 14. Absenteeism/Unauthorized Absences: Habitual or excessive absences from work even if caused by legitimate illness. 15. Incompetence: Incompetence or inefficiency in performance of assigned duties. 16. Tardiness: Failure to be present at the beginning of the workday, start of a work shift, or when work assignments are being issued. 17. Misuse of City Time: Sleeping or other acts of inattention or neglect of duty. 18. Abuse or Violation of City Policies: Abuse or violation of City policies, including the provisions of these policies and procedures, any department operating policies or procedures, or otherwise established rules and regulations not constituting a major offense. 19. Leaving Assigned Work Area: Leaving assigned work area or work site, except for emergencies orwhen approved by the supervisor. 20. Inducement: Attempting to induce any officer or employee of the City to commit an act in violation of any lawful or reasonable policy or regulation. 21. Safety Violations: Failure to observe City safety practices and regulations. Revision October 4, 1999 41 ~ ..",., 22. Illegal Driving: a. Failure to notify the Supervisor if a license becomes denied, expired, restricted, suspended or revoked, where a valid driver's license is required in the employee's job description. b. Driving a private or City vehicle while on City business when not possessing a valid driver's license. c. Permitting unauthorized individuals to ride in or drive a City vehicle. d. Failure of a driver and/or passengers to wear seat belts while driving or riding in a City vehicle. 23. Loss of Minimum Qualification(s) Required for Current Position: Loss of required license or certificate or other job requirement during employment. 24. Nepotism: Hiring or recommending the hiring of a relative in the same department over which one has some degree of authority. 25. False Statements: Making intentionally false statements, either verbally or in writing, about the City, other employees, themselves, Supervisors, or work situations. 26. Discrimination or Harassment: See Section 11.07 for list of prohibited activities. 27. Personal Use of City Property: Personal use of City equipment, materials, tools, supplies, etc., is normally not permitted and may constitute a criminal offense. Where any Citycequipment, materials, tools, supplies, etc., is to be used for any non-City purpose (e.g., a civic or charitable event), such must be approved by the City Manager in writing. 28. Promotion of Private Business: Promotion of private business for personal gain or benefit within any City building or on City property on City time, which adversely affects employee productivity. 29. Personal Calls: Receiving an excessive amount of personal phone calls while on City compensated time. "Excessive" shall be defined as that which has a significantly negative impact on the specific work operation of the employee as determined by the Supervisor. 30. Incarceration: Failure to notify the Supervisor or Department Director within twenty-four (24) hours of incarceration for an offense, charge, or alleged crime. Revision October 12, 1999 42 --- ...." 12.03 ACTION TO BE TAKEN FOR INAPPROPRIATE/UNACCEPTABLE BEHAVIOR A. Counseling Statement The purpose of a counseling statement is to allow the Supervisorto bring to the employee's attention the need for improving his performance, work habits, behavior or attitude and to serve as a warning against further repetition of the unsatisfactory conduct. The Supervisor should utilize the occasion to identify and define the area needing improvement and inform the employee as to how such improvement can be realistically achieved. Counseling statements are to be documented and include the result of any further violation. B. Written Warning. In situations where verbal warnings have not resulted in the expected improvement orwhen an employee commits a major offense, a written warning should be given to the employee. This should include a complete description ofthe incident(s) of misconduct and refer to specific times, dates, locations, personnel involved, rules violated and the result of any further violation(s). C. Suspension. In the event of continued and repetitive offenses for which the employee has already received documented verbal and written warnings orwherethe nature ofthe offense is relatively serious, an employee may be suspended for a specific period of time. D. Dismissal. For unremedied, ornot remediable lesser offenses, or repetition of serious offenses, or on the first occurrence of a major offense, an employee may be dismissed from City employment. Disciplinary actions shall be no more severe than reasonably necessary to correct the behavior and/or performance of an employee to meet the standards established in these personnel policies. In cases where an investigation may have to be made ofthe employee's conduct orofthe seriousness of the offense, an employee should be placed on indefinite suspension which may be changed to dismissal depending on the results of the investigation. Such suspension may be with or without pay and requires the prior approval of the City Manager. All disciplinary action measures shall be accomplished in a private place in an informal setting, by discussion between the Supervisor, other reviewing official, and the employee. However, in all cases, the supervisory employee initiating the disciplinary action shall be present in the disciplinary action discussion with the employee. In cases of suspensions or terminations there may be exceptions to this procedure. Revision October 4, 1999 43 ....... ..., 12.04PRETERMINATION ACTION The following procedures shall apply to all employees except those serving an initial probationary period or a probationary period resulting from promotion, transfer, demotion, orthose who elect to utilize the grievance procedure established in the collective bargaining agreement or Section XIII of this manual. If an employee has been placed on probation fordisciplinary reasons after a pretermination hearing and termination is recommended again for the same reasons, the employee is not entitled to a second pretermination hearing. A. Prior to any involuntary termination of employment, the employee will receive written notice ofthe proposed action which shall include a written statement of the reasons for such action. B. Upon such notice, the employee will have the right to request a pretermination hearing. The City Manager will serve as the hearing officer. C. At the pretermination hearing, the employee will be given an opportunity to challenge the recommended termination. The employee may be accompanied by a representative of his choice and utilize other individuals to provide information supporting his position. D. Following completion of the hearing, the City Manager will notify the employee in writing within five (5) working days of his decision. Revision October 12, 1999 44 . . .... ..., SECTION XIII- EMPLOYEE GRIEVANCE POLICY 13.00 GENERAL A. In a mutual effort to provide a harmonious working relationship, it is agreed and understood that a procedure forthe resolutions of grievances should be established Every effort will be made by the parties to settle any grievance as expeditiously as possible. B. Should the grieving party fail to observe the time limits set out in this Section, his grievance shall be considered conclusively abandoned. Any grievance not answered by the City within the prescribed time limits shall automatically advance to the next higher step, however, any time period may be extended with the consent of all parties. 13.01 PROCEDURES A. Step I. The employee shall first discuss his grievance with his immediate Supervisor within five (5) working days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the employee became knowledgeable of the cause of action. If the employee was on compensated leave, the five (5) working day period shall commence running immediately upon the employee's return from such compensated leave. This first step between the employee and his immediate Supervisor shall be on an informal and oral basis, and shall not involve any other representative of the employee, unless requested by the employee. B. Step II. Any grievance which cannot be satisfactorily settled with the Supervisor shall be reduced to writing within five (5) days of completion of Step I. by the employee and filed with his Department Head. The Department Head shall, within five (5) working days after presentation ofthe grievance, render his decision in writing. C. Step III. Any grievance which cannot be satisfactorily settled with the Department Head shall be submitted in writing to the City Manager, within five (5) working days ofthe completion of Step II. The grievance shall be discussed with the employee by the City Managerwithin five (5) working days of receipt of the grievance by the City Manager. The City Manager shall within five (5) working days after this discussion render his decision in writing with a copy to the employee. Revision October 4, 1999 45 . ' " Y' v SECTION XIV - SEPARATIONS FROM EMPLOYMENT 14.00TYPES OF SEPARATIONS A. Resignation. A resignation is defined as any act whereby an employee vOluntarily leaves City service. An employee who desires to leave City service in good standing should file with his Department Head, a written letter of resignation stating the date and reasons for leaving two weeks prior to the effective date of resignation. The resignation will be deemed accepted when submitted to the Department Head. An exit interview may be held, upon request. Failure to provide at least ten (10) working days notice may be cause for denying such employee future employment with the City. B. Involuntary Resignation (Quit without Notice). Unauthorized absences from work for a period of three (3) or more consecutive working days may be considered as an employee's involuntary resignation, or cause for dismissal. C. Layoff. Resulting from a need to reduce the work force as the result of shortage of work or funds. D. Termination Discharge by the City for violation of rules, policies, unsatisfactory performance, conduct, or inability to perform the essential functions of their job. E. Retirement There is no mandatory retirement age; however, employees approaching retirement age are encouraged to consult the Personnel Director to investigate the availability of their retirement options and benefits. Revision October 4, 1999 46