92-R-23 4 .i.
RESOLUTION NO. 92-R-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ADOPTING A PERSONNEL
POLICY AND PROCEDURE MANUAL AS PART OF THE
CITY'S PERSONNEL SYSTEM AND ADMINISTRATIVE
CODE 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 a 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 professional analysis and recommendations of
Hammack Enterprises regarding a personnel system and policies 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 and City Attorney 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 Edgewater, Florida:
Section 1. The recommendations of the Hammack Study contained
in the City of Edgewater Personnel Policy and Procedure Manual,
attached hereto and incorporated by reference as Exhibit A, are
hereby conceptually approved.
Section 2. The City Manager and City Attorney are directed
and authorized to review all policies and procedures and make the
changes necessary to assure consistency with all applicable laws
and the labor agreements of the City.
Section 3. Upon completion, the Personnel Policy and
Procedure Manual is hereby adopted and shall be included as part of
the City of Edgewater's personnel system and Administrative Code.
92-R-23 1
Section 4. All resolutions or parts of resolutions in
conflict herewith be and same are hereby repealed.
Section 5. This resolution shall take effect upon adoption.
After Motion by Councilperson Gillespie and Second by Councilperson
Martin, the vote on this resolution was as follows:
Mayor Tanya B. Wessler AYE
Councilman Kirk Jones AYE
Councilperson Louise A. Martin AYE
Councilperson NoraJane Gillespie AYE
Councilman Michael Hays AYE
PASSED AND DULY ADOPTED this 2nd day of November, 1992.
ATTEST:
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92-R-23 2
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By'�
Tanya B. ssler
Mayor
APPROVED FOR FORM & CORRECTNESS:
Kr's a A. Storey
City Attorney
MAY 9 _ '
199y
city c,
HUMAN RESOURCES CONSULTING,SYSTEMS,AND SOFTWARE
May 5, 1994 MAY 1 0 1994
CIIY AllL)RNcY
Mr. George McMahon
City Manager
City of Edgewater
104 North Riverside Drive
P.O. Box 100
Edgewater, FL 32132-0100
Dear Mr. McMahon:
Enclosed is Edgewater's Employee Handbook. The handbook includes all sections
recommended by the City Attorney, Debbie Sigler, and a few sections we felt would be
beneficial. Please review the handbook, the letter, and the employee acknowledgment and
make any corrections, deletions, additions, etc. Then return it to us and we will make the
final edits.
If you have any questions please don't hesitate to call.
Sincerely,
•
Ellen Metzler •
Enclosures
6701 CARMEI.ROAD•SIIm!204 •CHARI.CYm,NORTH CAROLINA•28226•704-544-0189
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City of Edgewater
Dear Fellow Employee,
This employee handbook has been prepared for your personal use to answer some of the
questions most frequently asked about opportunities, benefits and responsibilities of city
employment. The information presented is based on established personnel policies which assure
all employees of fair treatment and generous benefits. You are urged to read this handbook
thoroughly and keep it as a handy reference.
There is an excellent spirit of achievement and cooperation among our employees. We
hope you will sense this friendly rapport, which has helped the city organization provide the high
quality of services and facilities expected by Edgewater citizens.
We are very proud of the employees who have dedicated themselves to the important
work of local government. I join with the members of the City Council in wishing you many years
of service with the City of Edgewater.
Sincerely,
George E. McMahon
City Manager
•
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EMPLOYEE ACKNOWLEDGMENT
(Please sign, date and return this page to your Personnel Administrator)
Concerning employment at the City of Edgewater:
• This handbook does not create or imply an employment contract between the City of
Edgewater and any of its employees.
• The employment of any City employee can be terminated by either the City or the
employee, without cause and with or without notice, at any time.
• Benefits, policies and procedures set forth in this manual may be changed by the City
at any time. Revisions or amendments to these policies and procedures will become
effective when approved by the City Council.
I have read and understand the above statements and acknowledge receipt of the City's
employee handbook.
Employee:
Department:
Date:
Note: All newly hired employees are required to read the Personnel Policies and Procedures
within two weeks of beginning work and to sign and return this page indicating that they have
done so. This statement will be placed in the employee's personnel record. If a new employee
cannot read, the policies and procedures will be read to him by a designated City employee .
City of Edgewater
Employee Handbook
Table of Contents
Section Page Number
I. INTRODUCTION 1
1.00 Purpose of Employee Handbook 1
1.01 Equal Employment Opportunity 1
II. RECRUITMENT AND SELECTION 2
2.00 Announcement of Job Vacancies 2
2.01 Consideration of Applications 2
III. CONDITIONS OF EMPLOYMENT 3
3.00 Medical Examinations 3
3.01 Temporary Assignment to a Higher Classification 3-4
3.02 Probation 4-5
IV. PERSONNEL RECORDS 6
4.00 Public Records/Reference Checks 6
4.01 Financial Disclosure 6
V. CLASSIFICATION AND COMPENSATION 7
5.00 Job Descriptions 7
5.01 Salary Ranges and Progression 7
5.02 Continuous City Service 7
5.03 Pay 7-8
5.04 Hours of Work 9
5.05 Time Records 9
5.06 Overtime Work 9-11
5.07 Call Back Time 11
VI. EMPLOYEE BENEFITS 12
6.00 Holidays 12
6.01 Personal Days 12
6.02 Vacation 13-14
6.03 Leave of Absence With Pay 14-15
6.04 Bereavement Leave 15
6.05 Leave of Absence Without Pay 15-19
6.06 Sick Leave 19-20
6.07 Donation of Sick/Vacation/Personal Time 20
6.08 Worker's Compensation Claims 20-21
6.09 Employee Assistance Program(EAP) 21
6.10 Club Cards 21
6.11 Group Insurance 21-22
6.12 Pension 22
VII. PERFORMANCE APPRAISALS 23
7.00 Pay-for-Performance (Merit) Increases 23
VIII. EDUCATION 24
8.00 Employee Education Programs 24
IX. CODE OF CONDUCT 25
9.00 Code of Ethics 25
9.01 Dress and Appearance 25-26
9.02 Political Activity 26
9.03 Employment of Relatives 26-27
9.04 Public Relations-Release of Information 28
9.05 Resignations 28
9.06 Discrimination and Harassment Policy 28-29
9.07 Driving Record 30
9.08 Drug and Alcohol Use 30-31
9.09 General Safety and Health 31
9.10 Job Related Hearing 32
9.11 Notification of Criminal Charges 32
9.12 Strikes and Lockout 32
9.13 Outside Employment 32
9.14 Use of City Property 33
X. DISCIPLINARY ACTIONS 34
10.00 Inappropriate/Unacceptable Behavior 34-38
10.01 Action to be Taken for Inappropriate/Unacceptable Behavior 38-39
10.02 Pretermination Action 39
XI. EMPLOYEE GRIEVANCE POLICY 40
11.00 General 40
11.01 Procedures 40
XII. SEPARATIONS FROM EMPLOYMENT 41
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SECTION I - INTRODUCTION
1.00 PURPOSE OF EMPLOYEE HANDBOOK
The purpose of the handbook is to acquaint you with matters concerning your employment with
the City of Edgewater. The handbook does not create a contract of employment between you and
the City, but is intended to provide you with basic information on some of the policies and
benefits which are currently in effect. More detailed information can be found in the Personnel
Policies and Procedures Manual which is available for review in your department or through the
Personnel Administrator. Bargaining unit members should also refer to their respective collective
bargaining agreements for specific policies and procedures which prevail in the case of a conflict.
Throughout the handbook, the use of the words "he", "him" and "his" is for brevity only and is
intended to be gender neutral.
1.01 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 Edgewater to give preference to eligible veterans and spouses of
veterans in appointment to and retention in City employment positions in accordance with
Chapter 295, Florida Statutes.
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SECTION II - RECRUITMENT AND SELECTION
2.00 ANNOUNCEMENT OF JOB VACANCIES
A. Job vacancies shall 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.
B. 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 for this process. Individual departments are not authorized
to perform these functions.
2.01 CONSIDERATION OF APPLICATIONS
A. It is the City's policy to consider City employees (internal applicants) for
vacancies 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 Administrator by the employee applying for the
position.
2. The Personnel Administrator will review the completed forms and refer
qualified applicants to the Department Head 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
and/or for attending interviews. Schedules for this release time must be
coordinated between the departments concerned and the Personnel
Administrator. However, for confidentiality purposes, tests and/or
interviews may be scheduled outside working hours. These arrangements
will be made through the Personnel Administrator.
C. If an internal applicant is not selected for promotion to the vacant position, the
Personnel Administrator will refer qualified external applicants to the
Department Head for consideration.
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SECTION III - CONDITIONS OF EMPLOYMENT
3.00 MEDICAL EXAMINATIONS
A. Periodic Medical Examinations.
1. Consistent with the Americans with Disabilities Act, medical examination
of an employee during employment may be requested by the Department
Head. The need for the exam may be triggered by some evidence of a
problem related to job performance or safety or the 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 of the 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 of the 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 the essential
functions of the job, he may be reassigned to any available classification
for which he is qualified. Such action is at the discretion of the Department
Head and the Personnel Official.
6. 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.
3.01 TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION
A. 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.
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B. 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
submit a Personnel Action form to the Personnel Administrator for processing.
Such assignment is subject to the approval of the 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.
C. 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.
D. While serving in a temporary assignment, the value of any monetary benefit
received, such as the cashing in of vacation time, shall be based on the rate of
pay at the time the benefit was earned.
3.02 PROBATION
The probationary period is an important part of the 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.
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 will not be eligible for promotion to another
position until he has successfully completed his initial probationary period. An
employee who does not successfully complete his initial probationary period may
be discharged and shall not be eligible for any City benefits, programs, grievance
procedures, or a pretermination hearing.
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B. Employees who are promoted, demoted or transferred will serve a six (6) month
probationary period in the new position commencing with the first day in the
new position.
I. If the employee does not satisfactorily complete the probationary period,
the City shall make every reasonable effort to allow the employee to fill
another vacant position for which the employee is qualified.
2. If a vacancy does not exist, the employee will be allowed to resign and shall
be given preference when a position does become vacant if he has the
necessary qualifications for that position.
3. If the employee is qualified for another vacant position, the employee may
be offered a transfer to that position and the employee will begin a new
probationary period.
4. An employee who is promoted, demoted, or transferred and does not
successfully complete the probationary period is not entitled to a
pretermination hearing.
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SECTION IV - PERSONNEL RECORDS
4.00 PUBLIC RECORDS /REFERENCE CHECKS
A. Pursuant to Section 119.07 (1) (a), Florida Statutes, the records and files of the
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 and firefighters; the home
addresses, telephone numbers, social security numbers, photographs and
places of employment of their spouses and children; and the names and
locations of schools attended by their children.
B. Medical examination results are confidential.
C. Employees are responsible for maintaining current and accurate information in
their personnel records. Neither the Personnel Department nor the 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 solely 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. Each department which receives a request for an employment reference or
recommendation concerning a current or former employee shall forward the
request to the Personnel Department for response. The Personnel Department
will only verify dates of employment.
4.01 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 Volusia County Supervisor
of Elections.
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SECTION V - CLASSIFICATION AND COMPENSATION
5.00 JOB DESCRIPTIONS
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
of the duties to be performed and shall not preclude or limit the immediate supervisor from
assigning other duties.
5.01 SALARY RANGES AND PROGRESSION
A. 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.
B. Pay increases are not automatic, but may be achieved through performance
evaluations, promotion, reclassification, or pay range adjustment.
5.02 CONTINUOUS CITY SERVICE
A. 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.
Paid absences do not affect the date of continuous service.
B. 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 .
C. 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.
5.03 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.
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B. Pay Advances.
The City of Edgewater does not make advances on any employee's pay except in
the case of vacation. Early checks may be requested and must be approved by
the Department Head.
C. Pay Period.
The pay period runs from Friday through Thursday.
D. Separation from Employment.
Persons leaving the employment of the City between regular paydays will receive
their paychecks at the next regular payday. All City property must be turned in
at the time of separation and prior to receiving final pay or the cost of such
property will be deducted from the final paycheck. 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 paycheck.
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. Credit Union
b. Insurance(e.g., cancer coverage, accidental, life, disability, etc.)
c. Retirement Contributions (if applicable)
d. Christmas Club
e. Association Dues
f. United Way
g. U.S. Savings Bonds
F. Errors
Any paycheck errors should be reported immediately by the employee to
his supervisor.
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5.04 HOURS OF WORK
A. Work Hours.
1. The City Manager establishes the hours of work 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.
B. Meal and Rest Breaks.
1. All employees will be entitled to one (1) half hour meal break and two (2)
fifteen(15) minute rest breaks during a regular work shift.
2. Part-time employees working over four (4) hours on any given day will be
entitled to one (1) fifteen(15) minute rest break.
5.05 TIME RECORDS
Each hourly employee is required to maintain a daily record of hours worked to be turned into his
Supervisor or Department Head 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.
5.06 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.
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B. Overtime Policy.
1. Overtime must be authorized in advance by an employee's supervisor or
Department Head.
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 Head.
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
meal period of one-half(1/2) hour during the overtime assignment unless
the employee's job requires constant attention. In such cases, the
Supervisor may schedule the unpaid meal period at the end of the overtime
assignment.
5. Absences from work while on active pay status will not be counted as time
worked. For the purpose of overtime computation, sick leave, shall not be
considered hours 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 Head prior to any
extra time being worked. Ultimately, that is the decision of the Department
Head.
8. Compensatory time accumulated by a non-exempt employee shall be used
within thirty(30) days of said accumulation.
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 Head, exempt employees may accrue
compensatory time. Compensatory time earned by exempt employees shall
be taken on the basis of hour for hour worked.
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10. If an employee resigns or retires without having used accumulated
compensatory time, the time will be paid to the employee out at the rate of
pay received when the employee left the City service.
11. It is the Department Head's responsibility to maintain an up-to-date log of
the accrued and used compensatory time for each employee in the
department.
5.07 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 regular working 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 of
three(3) hours pay at the rate of time and one-half his regular rate.
C. Those employees covered by the Police Benevolent Association Collective
Bargaining Agreement should consult that agreement to determine the applicable
policies.
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SECTION VI - EMPLOYEE BENEFITS
6.00 HOLIDAYS
A. The City will recognize the following as paid holidays:
New Year's Day
Martin Luther King's Birthday
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
B. Whenever a holiday falls on Sunday, the holiday will be observed by the City on
the Monday following the holiday.
C. Whenever a holiday falls on Saturday, the holiday will be observed 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.
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.
6.01 PERSONAL DAYS
Each employee shall be entitled to two (2) 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 Head.
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6.02 VACATION
A.. Employees shall be entitled to annual vacation leave with pay at the employee's
regular rate of pay, on the following basis:
Time in City Service Vacation Leave
General Employees:
Less than 1 year 0 hours
1 - 4 years 96 hours
5 - 10 years 144 hours
11 years 192 hours
12 years 200 hours
13 years 208 hours
14 years 216 hours
15 years 224 hours
16 years 232 hours
17 years and over 240 hours
(Supervisory Personnel with 18 years and over: 248 hours)
Police/Fire Personnel:
Less than 1 year 0 work days
1 to 4 years 12 work days
5 to 10 years 18 work days
11 years 24 work days
12 years 25 work days
13 years 26 work days
14 years 27 work days
15 years 28 work days
16 years 29 work days
17 years 30 work days
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 work days 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.
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C. A minimum of one half of accrued vacation time must be taken within any given
anniversary period. The remaining portion of accrued vacation time may be
carried into the following work year but must be taken within that anniversary
period. In lieu of taking vacation leave, compensation may be received annually
in an amount equal to eight (8) hours for each two (2) years of service with the
City, not to exceed forty-eight (48) hours. To accommodate manpower
requirements, additional vacation leave may be carried over to the new
anniversary period with the approval of the City Manager and the Department
Head.
D. Upon termination of employment, except for the commission of a criminal act as
determined by the City Manager, an employee shall be paid for any unused
portion of accrued vacation time which shall be prorated on a monthly basis from
the last anniversary date. The payment shall be determined by using the rate of
pay received by the employee at the time of termination.
E. Department Heads may cash in 48 hours of vacation leave annually.
F. Department Heads may accrue and carry forward unlimited vacation time.
G. Vacations must be scheduled with the approval of the Department Head.
Seniority shall be considered by the Department Head in the scheduling of
vacation.
6.03 LEAVE OF ABSENCE WITH PAY
A. 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 turned 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.
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B. 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
seventeen (17) calendar days leave of absence at any one 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.
6.04 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 overtime, leave of absence without pay or a day off
without pay.
B. The City agrees that immediate family is defined as spouse, parents,
grandparents, children, grandchildren, brothers, sisters, stepchildren and
stepparents of either the employee or spouse.
C. The City has the right to request a verification of the death.
6.05 LEAVE OF ABSENCE WITHOUT PAY
A. Personal Leave.
1. The Department Head 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.
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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 Administrator before
beginning their leave.
5. 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.
B. Family and Medical Leave.
1. Upon request employees with at least twelve (12) months of service who
have worked an average of more than twenty-four (24) hours per week
over the preceding twelve (12) months (1,250 hours), leave for childbirth,
adoption of a child, or a serious health condition of the employee or his
immediate family member (spouse, child, parent) will be granted without
pay for up to a maximum of twelve (12) weeks in any twelve (12) month
period. Intermittent leave for childbirth or adoption will not normally be
granted. All leave granted under this section will be counted against the
employee's annual family and medical leave entitlement. The City will
determine the amount of leave available under this section for an eligible
employee by using a "rolling" twelve (12) month period measured
backward from the date an employee uses any such leave.
2. Employees must provide thirty(30) days' advance notice of any foreseeable
leave request under this provision. If thirty (30) days' notice is not
practical, such as in the case of a medical emergency, leave should be
requested as soon as practicable under the circumstances requiring the
leave.
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3. To request leave for a serious health condition, the employee will be
required to submit certification from a medical doctor (or other appropriate
health care provider) stating:
a. the date on which the serious health condition began;
b. the probable duration of the condition;
c. the appropriate medical facts within the knowledge of the health care
provider regarding the condition; and
d. 1.) for a serious health condition of an employee's family
member, a statement that the employee is needed to care for
that family member and an estimate of the amount of time
needed for the employee to care for the family member; or
2.) for the employee's own serious health condition, a statement
that the employee is unable to perform the essential job
functions of his position; or
3.) if leave for intermittent medical treatment is requested, the dates
and duration of such treatment.
4. When leave for a serious medical condition is foreseeable, employees must
provide such a medical certification within fifteen (15) calendar days of
their leave request unless it is not practicable under the particular
circumstances to do so despite their diligent good faith efforts. If an
employee fails to provide such timely certification, the leave request may be
denied until a reasonable period after the required certification is provided.
When such a leave is not foreseeable, an employee must provide
certification as soon as reasonably possible under the circumstances
requiring the leave. Failure to provide a medical certification within a
reasonable time under the circumstances may result in denial of the
continuation of the employee's leave.
5. The City shall maintain coverage under its group health plan for any
employee granted family or medical leave on the same basis as coverage
would be provided if that employee was not on such a leave and continued
to be employed. Payment of the employee contribution for such health
coverage shall be due at the same time as it would be made if by payroll
deduction. Arrangements to continue insurance during such leave shall be
made through the Personnel Administrator.
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6. Although benefits will not accrue during any leave, benefits accrued before
leave will not be affected except that the City may require that any accrued
vacation leave, sick leave, or personal days, be substituted for such leave.
If the employee does not return from the leave, the City may recover
premiums for maintaining group health coverage paid during the leave
unless the employee's failure to return to work was due to medical or other
circumstances beyond the control of the employee.
7. Employees who take leave under this policy due to their own serious health
condition will normally be required to provide a fitness-for-duty
certification from their health care provider stating that they are able to
resume the essential functions of their job. Whether such a certification
will be required will depend upon the nature of the illness and the duration
of the absence, and will be required in all cases where job safety to the
employee and others must be determined.
8. Upon return from a family or medical leave, an employee will be returned
to the same or an equivalent position unless the employee fails to provide a
required fitness-for-duty medical certification or is a key employee whose
reinstatement would cause substantial and grievous economic injury to the
City's operations. For the purposes of this policy, a key employee is
defined as a salaried employee eligible for leave under this policy whose
pay is among the top 10% of all City employees within a seventy-five (75)
mile radius of the employee's worksite.
9. Employees who do not qualify under the above family or medical leave
service requirements or who have exhausted family or medical leave under
this section may also request leave for family or medical reasons in
accordance with provisions governing personal leave. Also, as to family
and medical leaves, the City specifically reserves all rights available to
employers under the Family and Medical Leave Act of 1993 even if those
rights are not specifically referenced in this policy.
10. If an employee needs a leave of absence, a written request for leave must
be filed with his Department Head. This written request, together with any
required supporting documentation, must be submitted at least thirty (30)
days before the date on which the requested leave is to begin, unless the
need for a leave is not sufficiently foreseeable to give such notice. In that
case, the written request and supporting documentation must be submitted
as soon as practicable. If the leave is foreseeable, the employee shall make
a reasonable effort to schedule any planned leave so as not to unduly
disrupt the City's operations.
11. A leave of absence, or any extension of a leave, must be approved by the
City Manager.
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12. If the City grants a leave of absence, it will begin on the first work day
which an employee misses as a result of the emergency or other situation
requiring the leave. Should an employee request an extension of the leave
of absence, a written request for an extension must be furnished to the
Department Head before the expiration of the original leave of absence or
most recent extension. The City may request documentation, including
certification by a medical doctor (or other appropriate health care
provider), of any circumstances requiring a leave or extension.
13. An employee will be considered as having resigned his position if he:
a. Fails to return to work on the first day after his leave of absence or
authorized extension expires.
b. Gives a false reason for any requested leave of absence.
c. Does not return to work from leave within a one year period.
6.06 SICK LEAVE
All employees of the City shall be entitled to sick leave and compensation therefore under the
following terms and conditions:
A. In order to receive pay for sick leave an employee must notify the Supervisor,
Department Head or designee of the specific employee's department, at the start
of the work day which he will miss.
B. Sick leave will be earned 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.
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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, parents, grandparents, children, grandchildren, brothers,
sisters, stepchildren and stepparents of either the employee or spouse.
E. An employee who calls in sick cannot charge it as a day of vacation unless he has
no sick leave accumulated and does have vacation leave accumulated.
6.07 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 Administrator will process requests for and donation of accrued
time.
6.08 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.
B. Workers' Compensation Benefits.
A regular employee covered hereunder who is temporarily disabled in the line of
duty shall receive paid disability leave, and benefits for the period of this
disability subject, however, to compliance with all of the following conditions:
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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 disability leave shall not exceed ninety (90) work days (135 work days
for police and fire personnel) for any one 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
that he be carried in full pay status beyond that period. If the City Manager
decides 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 disability leave, the employee
must in writing assign his Workers' Compensation weekly benefits to the
City for the period of the disability leave or any extension thereof.
6.09 EMPLOYEE ASSISTANCE PROGRAM(EAP)
Details on the City's Employee Assistance Program are available from the Personnel
Administrator.
6.10 CLUB CARDS
Employees of the 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 City Clerk's Office. Membership cards
must be returned to the City Clerk's Office upon termination of employment with the City.
6.11 GROUP INSURANCE
A. Health and Life Insurance.
1. Any regular full time employee is eligible for health and life insurance when
he has completed thirty(30) days of employment.
2. The City pays the entire premium and fifty (50%) percent of the
dependent's coverage. The City pays the entire premium for the
Department Heads and their dependent's coverage.
3 Insurance benefit books and enrollment papers will be furnished by the
Personnel Administrator
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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. For this 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.
6.12 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 Administrator.
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SECTION VII - PERFORMANCE APPRAISALS
7.00 PAY-FOR-PERFORMANCE (MERIT)INCREASES
The merit system utilized by the City of Edgewater is based upon a pay-for-performance approach
designed to reward employees in accordance with their demonstrated job performance. This
system is also an important process of properly managing and maintaining Edgewater's overall
compensation plan. The merit system is intended to provide a fair and equitable manner in which
to reward employees in accordance with their contribution to Edgewater. It is also designed to be
used as a management tool in promoting management/employee communications, developing
employee skills and job performance, providing performance documentation, and providing for a
legally sound performance appraisal process. Merit 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 Administrator.
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SECTION VIII - EDUCATION
8.00 EMPLOYEE EDUCATION 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, aiding employees to equip themselves for advancement
to higher positions and greater responsibilities, and improving the quality of service rendered to
the public. Some of this training must, by its nature, be subject to available funds. The City will
not require any employee to attend training to improve job performance and/or training in
specialized techniques outside his normal working hours, if possible. The City will continue its
policy of payment for license renewals where licenses are required.
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SECTION IX - CODE OF CONDUCT
9.00 CODE OF ETHICS
All City employees shall be bound by the requirements of the 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 services, 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. No 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 or she or their spouse or child owns a material interest.
9.01 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 for their functions. Determination of an employee's specific
dress and appearance is a supervisory responsibility and will be treated as such.
Personal appearance standards may be established in departmental rules.
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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 orderly fashion is also
important. It indicates a safe, efficient operation. For these 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 worn 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.
9.02 POLITICAL ACTIVITY
A. No employee, official, or other person shall solicit, orally or by letter,
contributions or services 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.
9.03 EMPLOYMENT OF RELATIVES
A. Public Official Family Employment Restrictions.
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 or to a position in the agency in
which he is serving or over which he exercises jurisdiction or control any
individual who is a relative of the public official. An individual may not be
appointed, employed, promoted, or advanced in or to a position in an agency if
such appointment, employment, promotion or advancement has been advocated
by a public official, serving in or exercising jurisdiction or control over agency,
who is a relative of the individual.
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1. Public Official means: An officer, or an employee in whom is vested the
authority by law, rule or regulation, or to whom the authority has
been delegated, to recommend individuals for appointment,
employment, promotion, or advancement in connection with the
employment in an agency.
2. 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, husband, wife, father-
in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, or half sister.
B. General City Employee Family Employment Restrictions:
1. Employment of family members in positions in which either family member
would be supervised by or supervising, influenced by or influencing the
activities or employment conditions of the 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, 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. A waiver of these restrictions may be granted by the City Manager or
designee if:
a. It would be in the best interest of the City; and
b. The waiver would not violate any State or Federal law or City
ordinance.
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9.04 PUBLIC RELATIONS -RELEASE OF INFORMATION
A. The employee shall at all times be courteous and friendly to those members of
the 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 of the 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 Head or City Manager, keeping in mind that it is not
the intent of the City to be secretive, or to withhold valid information, but to
assure that all information released is true and accurate.
9.05 RESIGNATIONS
Unauthorized absences from work for a period of three (3) or more consecutive working days
may be considered as an employee's voluntary resignation or cause for dismissal.
9.06 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, cornering, 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.
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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, innuendoes, 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 she
or any other employee is being subjected to any of these forms of discrimination or harassment, or
believes that he or she or any other employee is being discriminated against because other
employees are receiving favored treatment in exchange for, for example, sexual favors, he or she
must report this to his or her supervisor and also directly to the City Attorney.
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.
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9.07 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 of the 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 chauffeur's license, must immediately inform
his supervisor in the event the license is denied, expired, suspended or revoked.
9.08 DRUG AND ALCOHOL USE
A. The City prohibits all employees 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 Head 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.
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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 Head 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 by an employee while on duty may be
considered reasonable cause, in the discretion of the employee's Department
Head, to require the employee to take drug or alcohol tests.
9.09 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.
Employees will 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
worn 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/or failure of an employee
to file a written report of injury sustained on the job may result in disciplinary
action up to and including termination.
E. City vehicles shall be operated in strict compliance with all laws which apply to
motor vehicles 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 Director will review safety infractions/incidents which have or could
result in loss of productivity, property, efficiency, or other liability to City
operations. The Director may recommend corrective action as well as
disciplinary action to the Department Heads
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9.10 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 law to
conduct such hearing or inquiry, and, in particular by the City Council, or any person, committee,
board or body authorized to act on its behalf. If any employee willfully refuses or fails 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 Head or any other authorized person or official, the
employee may be immediately terminated from City employment.
9.11 NOTIFICATION OF CRIMINAL CHARGES
An employee is responsible for immediately notifying his Supervisor when 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 10.00 G.2 in this handbook.
9.12 STRIKES AND LOCKOUT
Employees shall have no right to instigate, promote, sponsor, engage in, or condone any work
stoppage, boycott, slow-down, strike, intentional disruption of City operations, or withhold
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.
9.13 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 of the City service or violate the code
of Ethics for Public Officers and Employees, Part III, Chapter 112, Florida Statutes.
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9.14 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 of the City Manager or
designee including dates, location and purpose of use. Employees shall return
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 may result in disciplinary action, the requirement
for restitution or prosecution.
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SECTION X - DISCIPLINARY ACTIONS
10.00 INAPPROPRIATE/UNACCEPTABLE 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.
A. 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.
B. Physical Harm/Assault:
Assault on or inflicting bodily harm on another employee, Supervisor, or member
of the public. Assault is defined as an (indirect or direct) threatening or
aggressive action or language toward another employee, Supervisor, or member
of the public.
C. Theft or Pilfering:
Possessing, taking, removing, destroying, or tampering with City property
without proper authorization.
D. 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.
E. Fraud or dishonesty:
Falsification of City records or record keeping, e.g., employment applications,
attendance records, payroll records, purchasing activities, etc.
F. Drug/Alcohol Use:
See list of prohibited activities in Section 9.08.
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G. Violations of Law:
1. Pleading guilty or nolo contendere to a job related felony, misdemeanor or
misdemeanor involving moral turpitude. Being found guilty of a job related
felony, misdemeanor or misdemeanor involving moral turpitude.
2. "Crimes of moral turpitude," as that term is used herein, includes any
criminal conviction or plea of nob contendere, under a city, county, state,
or federal ordinance, regulation, statute, or law, where the criminal act or
conduct involves conduct contrary to justice, honesty, modesty, community
morality, or good 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.
H. Conflict of Interest:
Violating Code of Ethics for Public Officers and Employees, Part III, Chapter
112, Florida Statutes.
I. 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.
J. 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.
K. Strikes:
Instigation, promotion, sponsorship, engagement in, or condonement of any
work stoppage, boycott, slow-down, strike, intentional disruption of City
operations, or withholding of services for any reason.
L. Dangerous Horseplay:
Pranks resulting in physical harm or property damage.
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M. Misconduct:
1. Gambling on City time and property.
2. Smoking in restricted areas.
3. Any act or language which adversely affects morale, production, or the
maintenance of discipline.
4. Rudeness or acts of disrespect to the public, Supervisors or co-workers.
N. Absenteeism/Unauthorized Absences:
Habitual or excessive absences from work even if caused by legitimate illness.
0. Incompetence:
Incompetence or inefficiency in performance of assigned duties.
P. Tardiness:
Failure to be present at the beginning of the workday, start of a work shift, or
when work assignments are being issued.
Q. Misuse of City Time:
Sleeping or other acts of inattention or neglect of duty.
R. 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.
S. Leaving Assigned Work Area:
Leaving assigned work area or work site, except for emergencies or when
approved by the supervisor.
T. 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.
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U Safety Violations:
Failure to observe City safety practices and regulations.
V. Illegal Driving:
1. 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.
2. Driving a private or City vehicle while on City business when not
possessing a valid driver's license.
3. Permitting unauthorized individuals to ride in or drive a City vehicle.
4. Failure of a driver and/or passengers to wear seat belts while driving or
riding in a City vehicle.
W. Loss of Minimum Qualification(s)Required for Current Position:
Loss of required license or certificate or other job requirement during
employment.
X. Nepotism:
Hiring or recommending the hiring of a relative in the same department over
which one has some degree of authority.
Y False Statements:
Making intentionally false statements, either verbally or in writing, about the
City, other employees, themselves, Supervisors, or work situations.
Z. Discrimination or Harassment :
See Section 9.06 for list of prohibited activities.
AA. 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 City equipment,
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.
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BB. Promotion of Private Business:
Promotion of private business for personal gain or benefit within any City
building or on City property on City time.
CC. 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.
DD. Incarceration:
Failure to notify the Supervisor of incarceration for an offense, charge, or alleged
crime.
10.01 ACTION TO BE TAKEN FOR INAPPROPRIATE/UNACCEPTABLE BEHAVIOR
A. Verbal Warning.
The purpose of a verbal warning is to allow the Supervisor to 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. Verbal warnings 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 or when an employee commits a major offense, a written warning
should be given to the employee. This should include a complete description of
the 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 or where the nature of
the offense is relatively serious, an employee may be suspended for a specific
period of time.
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D. Dismissal.
For unremedied, or not 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 of the employee's conduct or of
the 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.
10.02 PRETERMINATION 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, or those who elect
to utilize the grievance procedure established in the collective bargaining agreement or Section XI
of this handbook. If an employee has been placed on probation for disciplinary 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 of the 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.
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SECTION XI - EMPLOYEE GRIEVANCE POLICY
11.00 GENERAL
A. In a mutual effort to provide a harmonious working relationship, it is agreed and
understood that a procedure for the 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.
11.01 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 of the 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 of
the completion of Step II. The grievance shall be discussed with the employee
by the City Manager within 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.
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SECTION XII - SEPARATIONS FROM EMPLOYMENT
12.00 TYPES 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.
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 Administrator to
investigate the availability of their retirement options and benefits.
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