2002-R-23
W RESOLUTION NO. 2002-R-23 ...,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA, MODIFYING THE PERSONNEL
POLICY AND PROCEDtJRE MANUAL BY
AMENDING SECTION V (CONDITIONS OF
EMPLOYMENT), SUBSECTION 5.02 (PROBA TION);
SECTION VII (CLASSIFICATION AND COMPENSATION),
SUBSECTION 7.01 (CLASSIFICATION PLAN); SECTION
VIII (EMPLOYEE BENEFITS), SUBSECTIONS 8.01
(HOLIDAYS), 8.03 (VACATION), 8.05 (BEREAVEMENT
LEAVE), 8.07 (SICK LEAVE) AND 8.09 (WORKERS'
COMPENSATION); AND SECTION XI (CODE OF
CONDUCT), SUBSECTION 11.09 (DRUG AND ALCOHOL
USE); REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, the City acknowledges that an Amended Personnel Policy and Procedure
Manual was adopted pursuant to Resolution No. 99-R-19 on November 15, 1999; and modifications
to the Policy were adopted pursuant to Resolution No. 2000-R-18 on December 4,2000, and by
Resolution No. 2001-R-06 on April 16, 2001; and
WHEREAS, upon review of the current manual, the Personnel Advisory Committee
recommended modifications to Subsections 5.02 (Probation), 7.01{D) {Classification Plan), 8.03 (D)
(Vacation) and 8.07(C) (Sick Leave); and
WHEREAS, Staff recommends that Subsections 8.01 (Holidays), 8.05(B) (Bereavement
Leave), 8.09(D) (Workers' Compensation Claims) and 11.09(D) (Drug and Alcohol Use) be
modified to reflect incorporation of items that were included in the Union Contracts previously
approved by the City Council; and
WHEREAS, the City Council and Staff have reviewed and determined the need to modify
certain sections in an effort to bring consistency to the policies and procedures relating to our
2002-R-23
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employees.
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NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1.
Section V (Conditions of Employment), Subsection 5.02 (Probation); Section
VII (Classification and Compensation), Subsection 7.01 (Classification Plan); Section VIII
(Employee Benefits), Subsections 8.0 I (Holidays), 8.03 (Vacation), 8.05 (Bereavement Leave), 8.07
(Sick Leave) and 8.09 (Workers' Compensation) dated September 2002, attached hereto and
incorporated herein by reference as Exhibit "A" is hereby approved.
Section 2.
The City Manager is directed and authorized to make certain that the aforesaid
Amendment is included as part of the City of Edgewater's personnel system, Administrative Code
and Personnel Policy and Procedures Manual.
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.
After Motion by Councilman Vincenwild Second by Councilwoman Licht,Eihe vote on
this resolution was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
-1L
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
-1L
2002-R-23
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PASSED AND DULY ADOPTED this __Ji+ day of September, 2002.
ATTEST:
�'WAads orth
city Clete z
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For the use and reliance only by the City of
Edgewater, Florida Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
2002-R-23
CITY COUNCIL OF THE
CITY OQEDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater a a meeting held on this
day of 2002 under
Agenda Item o. L A
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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 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. This time period may also be used to
establish the appropriate salary for an individual. A new employee and/or a promoted employee
may receive an increase in their pay upon successful completion of the probation, with the
recommendation of the Department Director, and the approval of the City Manager. An
employee on probation is considered an "at will" employee. A probationary employee may be released
from City service during the probationary period without cause, without notice and without appeal.:.
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 or transferred 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 supervisor will carefully observe job
performance. Weaknesses in performance will be brought to the employee's attention and
may be put in writing by the supervisor, and submitted to the Personnel Director for
placement in the employee's personnel file.
D. Upon completion of the probationary time period, the Personnel Department will prepare a
Personnel Action Form to be executed by the Department Director and a copy given tothe
employee when releasing them from probation and into regular employment. Until such
document is executed it shall not be assumed that the probation has been successfully
completed. The probationary period may be extended at the discretion of the Department
Director, Personnel Director, or the City Manager for reasons which will be documented and
explained to the employee.
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B. The Personnel Director has the primary responsibility for the administration and maintenance
of the 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 classifications 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. In the event an
employee, through education and/or training, increases his value to the City,
the Department Director and the Personnel Director may make a
recommendation for an increase in that employee's salary, and upon approval
of the City Manager, the employee's salary may be adjusted.
3. The City Manager shall 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.
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SECTION VIII - EMPLOYEE BENEFITS
8.00 PURPOSE
In order to achieve the City's general poley 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 onthe 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
Christmas Eve
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 concurence
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.
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B. No employee shall be entitled to vacation time without I-aving 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.
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 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. The payment shall be determined by using the rate of pay
received by the employee at the time of termination. Immediately prior to
retirement, an employee may cash unlimited accrued vacation to insure those
hours be included in their pension calculations.
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 timethe
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 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.
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.
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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, mother-in-
law, father-in-law, grandparents, children, grandchildren, brothers, stepbrother, sisters,
step-sister, 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 (1 2) 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.
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 - All eligible employees will be given Family and Medical Leave in
accordance with the Family and Medical Leave Act. All Family and Medical Leave will be
arranged through the Personnel Director.
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8.07 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
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 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.
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. Immediately prior to retirement, an employee
may cash unlimited accrued sick to insure those hours be included in their pension
calculations. 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/co-habitant, parents, grandparents, children, grandchildren, brothers, sisters,
step-children and stepparents of either the employee or spouse.
8.08 DONATION OF SICKNACATION/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.
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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 Ife 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
paperwork 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 or whether medical attentions
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
If the Supervisor or Department Director is suspicious of the 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 temporarily disabled 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 eXGeed The injured employee will remain at full pay status,
not to exceed ninety (90) work days (1 35 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 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.
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11.08
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DRIVING RECORD
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A. A valid pertinent Florida driver's license is required foranyone 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 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/or the filing of a workers compensation claim by an
employee while on duty where bodily injuries resulted in medical treatment, and/or
$1,000.00 worth of damages were incurred, shall be considered reasonable cause to
require the employee to take drug or alcohol tests.
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