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Agenda 01-16-03CONTRACT FOR EMPLOYMENT THIS EMPLOYMENT CONTRACT is entered into between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("BBCRA") and DOUGLAS C. HUTCHINSON. RECITALS The BBCRA and DOUGLAS C. HUTCHINSON acknowledge the following premises for this contract: A. The BBCRA desires to employ DOUGLAS C. HUTCHINSON as Executive Director of the BBCRA, and DOUGLAS C. HUTCHINSON desires to undertake that employment. B. In selecting DOUGLAS C. HUTCHINSON to be employed as Executive Director of the BBCRA, the BBCRA has relied on all information and materials appearing on or furnished in connection with his application for that position. DOUGLAS C. HUTCHINSON represents that all such information and materials are accurate, complete, and authentic and that he is qualified to serve as Executive Director of BBCRA and that the performance of such duties are specialized in nature. C. The BBCRA and DOUGLAS C. HUTCHINSON wish to reduce their agreements to writing in order to describe their relationship with each other, to provide a basis for effective communication between them as they fulfill their respective governance and administrative functions, and to enhance administrative stability and continuity within the BBCRA. D. Nothing herein shall constitute an abridgment or limitation on the rights and powers of the BBCRA Board to create or alter the work force of the BBCRA by appropriation or non-appropriation of funds earmarked for positions. TERMS~ CONDITIONS~ AND COVENANTS Accordingly, on the foregoing premises and in consideration of the mutual covenants contained in this contract, the BBCRA and DOUGLAS C. HUTCHINSON agree as follows: ARTICLE 1 Agreement for Employment 1.1 The BBCRA hereby employs DOUGLAS C. HUTCHINSON to serve as Executive Director of BBCRA and DOUGLAS C. HUTCHINSON hereby accepts that employment and undertakes that employment. 1.2 DOUGLAS C. HUTCHINSON is an at will employee of the BBCRA. By acceptance-of this Contract DOUGLAS C. HUTCHINSON acknowledges that there has been no representation or promise, expressed or implied fixing the term of his employment, except as provided for herein. ARTICLE 2 Duties and Obligations 2.1 Principal Duties and Obligations. Subject to the BBCRA Board responsibilities and direction for the overall operation of the BBCRA DOUGLAS C. HUTCHINSON shall: 2.1.1 serve as Executive Director of BBCRA. The job description for Executive Director of BBCRA is attached as Exhibit "A". 2.2 Manner of Performance. Except as otherwise expressly provided by this contract, as Executive Director of BBCRA, he shall at all times: 2.2.1 devote all his time, attention, knowledge, and skill solely and exclusively to the business and interests of the BBCRA during normal working hours and at BBCRA related events after normal business hours. 2.2.2 perform his duties and obligations faithfully, industriously, and to the best of his ability. 2.2.3 not engage in conflicting outside employment except with prior written approval of the BBCRA. 2.2.4 keep the BBCRA fully informed in advance activities that take him out of the office for more than a day at a time. in accordance with the BBCRA Travel Policy. of all travel and All travel must be ARTICLE 3 Annual Performance Goals and Evaluation 3.1 The BBCRA shall review and evaluate the performance of DOUGLAS C. HUTCHINSON at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance criteria developed by the BBCRA, which criteria must be provided to DOUGLAS C. HUTCHINSON in advance of the commencement of the period of evaluation. 3.2 Periodically, the BBCRA and DOUGLAS C. HUTCHINSON shall define such goals and performance objectives that they determine necessary for the proper operation of the BBCRA operations in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be -2- reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating budget and appropriations provided by the BBCRA Board. 3.3 Compensation reviews are not subject to any specific formula. Wage adjustments shall be at the sole discretion of the BBCRA and are subject to the appropriation of funds by the BBCRA Board. In no case shall any wage adjustments result in a decrease in salary from the amounts indicated in Article 4 herein. ARTICLE 4 Compensation and Benefits 4.1 Base Salary. The BBCRA shall pay to DOUGLAS C. HUTCHINSON an annual salary of EIGHTY THOUSAND ($80,000) DOLLARS, payable in twenty-six (26) equal installments on a bi-weekly basis. 4.2 Business Expenses. The BBCRA shall pay or reimburse DOUGLAS C. HUTCHINSON consistent with reimbursement policies for BBCRA of Boynton Beach employees. 4.3 Automobile. DOUGLAS C. HUTCHINSON shall be compensated for use of his personal vehicle for BBCRA business in the amount not to exceed $300.00 per month. 4.4 Health Insurance. DOUGLAS C. HUTCHINSON shall be provided with health insurance as approved by the BBCRA. 4.5 Life Insurance. DOUGLAS C. HUTCHINSON shall be provided with life insurance policy including accidental death and dismembership in the amount of $20,000 with any proceeds to be split on a 50/50 basis. 4.6 Holidays. DOUGLAS C. HUTCHINSON shall be entitled to observe the following holidays: one-half (1/2) Day New Year's Eve, New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, One Religious observance day, Memodal Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, one-half (1/2) Day Christmas Eve, and Christmas Day and such other days as may be specifically designated from time-to-time by the BBCRA Board. The BBCRA Board reserves the right to declare these and any other holidays on a date designated by them; such date does not necessarily have to be on the specified traditional date, but on a date that meets the best interest of the BBCRA. Employees shall be paid for legal holidays. Those employees who work on a holiday shall also be paid for the holiday plus the time worked shall be paid at time and one-half rate. Houdy rate employees must work their regular work days immediately -3- before the and after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. 4.7 Vacations. DOUGLAS C. HUTCHINSON shall be entitled to earn vacation leave at the rates shown in the scheduled outlined in the schedule below. The number of day/hours credited per year will not increase after the 20~h years of service unless the schedule is amended. In computing vacation leave, no vacation leave will accrue for any week in which DOUGLAS C. HUTCHINSON is not in a paid status, for 24 or more hours. DOUGLAS C. HUTCHINSON shall not be eligible for vacation until his first anniversary date. VACATION ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Days Vacation Hours 1 Year 6 48 2 but less than 5 12 96 5 years but less than10 15 120 10 17 136 10 years but less than 20 20 160 20 years and after 0 0 DOUGLAS C. HUTCHINSON may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrues during 12- month intervals from the date of hire and may be taken after one year of employment. Any amount over the allowable maximum accrue vacation time that has not been used by the anniversary date will be forfeited. 4.8 Sick Leave. DOUGLAS C. HUTCHINSON shall be entitled to accrue sick leave at the rate of one working day for each completed month of service (96 hours). Such leave shall be computed on an employment year basis. Sick leave pay will be paid at the rate as a regular workday. Unlimited accumulation of sick leave is authorized. Sick leave shall not be considered as a right which an employee may use at his discretion, but rather as a privilege which shall be allowed only in case of personal sickness or disability, legal quarantine because of exposure to contagious disease, or in the case of illness within the immediate family. No more than five working days in any calendar year may be taken as sick leave because of illness within the immediate family. In the case of a prolonged, serious illness within the family, DOUGLAS C. HUTCHINSON may take more family sick time only if approved by the BBCRA Board and a doctor's letter must be submitted. Sick leave will not be granted if it falls on regular days off or on a holiday. -4- In order to be granted conditions: sick leave with pay an employee must meet the following Ao Permit such medical examination, nursing visit or inquiry which the BBCRA Board deems desirable. File a written request for such sick leave on the form and in the manner to be prescdbed. Requests for more than three (3) days sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for duty. If excessive sick leave is taken in such a way as to indicate a pattem, random or otherwise, DOUGLAS C. HUTCHINSON will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. In computing sick leave no sick leave increments will accrue for any week which DOUGLAS C. HUTCHINSON is not in a paid status, for 24 or more hours. F. In computing sick leave taken, DOUGLAS C. HUTCHINSON shall be charged one-hour sick leave for each hour not worked because of illness. G. Claiming sick leave when physically fit shall be cause for discharge. ARTICLE 5 Indemnification and Reimbursement 5.1 Indemnification of the Executive Director of Development. The BBCRA shall: 5.1.1 defend and indemnify DOUGLAS C. HUTCHINSON against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of his duties and responsibilities pursuant to this Contract. 5.1.2 Pay any judgment that may be entered against DOUGLAS C. HUTCHINSON in a civil action arising out of and in the course of the performance of his duties and responsibilities pursuant to this contract, except a judgment based on -5- intentional wror~gdoing by DOUGLAS C. HUTCHINSON. 5.1.3 BBCRA reserves the rights to select, employ, retain, or discharge legal counsel necessary to provide the foregoing defense. ARTICLE 6 Date of Employment 6.1 DOUGLAS C. HUTCHINSON's employment and the term of this Contract shall commence on January 1,2003. ARTICLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by mutual agreement of DOUGLAS C. HUTCHINSON and the BBCRA; 7.1.2 upon DOUGLAS C. HUTCHINSON's sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all or substantially all of his duties and obligations pursuant to this Contract as a result of physical or mental illness or condition, which inability shall be verified at the BBCRA's expense (to the extent not covered by applicable medical insurance maintained by the BBCRA) by a licensed physician mutually agreed upon DOUGLAS C. HUTCHINSON by and the BBCRA, provided that state or federal law or regulation would not preclude or prohibit DOUGLAS C. HUTCHINSON's separation under the condition. However in the event the parties are unable to mutually agree on a physician within fifteen days of a request for selection, the examining physician will be selected solely by the BBCRA. 7.1.3 at any time by the BBCRA's unilateral termination of DOUGLAS C. HUTCHINSON's contract for the position. 7.1.4 the death of DOUGLAS C. HUTCHINSON. 7.1.5 the resignation of DOUGLAS C. HUTCHINSON. A resignation shall be submitted in writing and shall provide for an actual resignation date no earlier than forty-five (45) days following the date of notice of resignation. 7.2 Rights and Obligations Upon Unilateral Termination by BBCRA Board. Unilateral termination shall be in writing, signed by the Chairman of the BBCRA Board, and need not reflect performance related reasons. If this Contract is terminated by unilateral action by the BBCRA, DOUGLAS C. HUTCHINSON shall be entitled only to: -6- 7:2.1 Prorated base salary for the effective date of the termination plus one hundred fifty (150) days, calculated as follows: Employees annual base salary shall be divided by 365 days, and that sum shall be multiplied by 150 days, less customary withholding. 7.2.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.2.3 an amount for accrued and unused vacation leave, at the employee's current rate of pay but in any case will not exceed 240 hours. 7.2.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula below: Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years More than 5 fully years, but less than 10 full years More than 10 full years, but less than 15 full years More than 15 full years, but less than 20 full years Upon 20 full-years or more O% 10% 15% 20% 3O% 7.3 Rights and Obligations Agreement. If this Contract terminates upon DOUGLAS C. HUTCHINSON shall be entitled to: Upon Termination by Mutual mutual agreement of the parties, 7.3.1 Prorated base salary for the effective date of termination plus 150 days, calculated as follows: Employees' annual base salary shall be divided by 365 days, and that sum shall be multiplied by 150 days less customary withholding; 7.3.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.3.3 an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to Sections 7.2.3 and 7.2.4. 7.3.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to Sections 7.2.3 and 7.2.4. 7.4 Rights and Obligations Upon Termination Due to Disability or Death. If this Contract terminates due to DOUGLAS C. HUTCHINSON's physical disability or death, DOUGLAS C. HUTCHINSON or his guardian or personal representative shall be entitled only to the following compensation and benefits: -7- 7.4.1 base salary through the last day HUTCHINSON performed services to or on behalf of the BBCRA; that DOUGLAS C. 7.4.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.4.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to Sections 7.2.3 and 7.2.4. 7.5 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates due to DOUGLAS C. HUTCHINSON's resignation, DOUGLAS C. HUTCHINSON shall be entitled only to the following compensation and benefits: 7.5.1 base salary through the date of resignation or such other date as mutually agreed_to between DOUGLAS C. HUTCHINSON and the BBCRA Board; 7.5.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.5.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to Sections 7.2.3 and 7.2.4. ARTICLE 8 Modification or extension of Contract 8.1 Modification and Amendment. No modification of or amendment to this Contract shall be valid unless reduced to writing and signed by both parties. ARTICLE 9 Venue 9.1 Any civil action arising out of this Contract or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. -8- ARTICLE 10 Waiver 10.1 The BBCRA's waiver of any breach of any term, condition, or covenant of this Contract shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Contract. ARTICLE 11 Applicability to Successors 11.1 This Contract shall be binding on and inure to the benefit of: 11.1.1 DOUGLAS C. HUTCHINSON's heirs and personal representatives; and 11.1.2 the BBCRA regardless of changes in the persons holding office as members of the BBCRA Board. ARTICLE 12 Severability of Provisions 12.1 If any provision of this Contract or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Contract or their application to other parties or circumstances. ARTICLE 13 Governing Law 13.1 This Contract and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE 14 Integration of All Agreements and Understandings 14.1 This Contract contains the entire agreement between the BBCRA and DOUGLAS C. HUTCHINSON. All prior agreements and understandings, whether written or oral, pertaining to the BBCRA's employment of DOUGLAS C. HUTCHINSON are fully abrogated and of no further force and effect from and after the date of this Contract. -9- 14.2 Regardless of which party's counsel prepared the odginal draft and subsequent revisions of this Contract, DOUGLAS C. HUTCHINSON and the BBCRA and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Contract shall not be deemed to be the product of and, therefore, construed against either of them. 14.3 The omiSsion from this Contract of a term or provision contained in an earlier draft of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. ARTICLE 15 Execution of Contract 15.1 This Contract may be executed in duplicate or in counterparts, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition, or covenant of this Contract shall be binding on either party until both parties have signed it. EXECUTED on the respective dates set forth below. DOUGLAS C. HUTCHINSON Dated: Witness Witness BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Dated: LARRY FINKELSTEIN, CHAIRMAN, BBCRA BOARD APPROVED AS TO FORM: BBCRA ATTORNEY H:\1990\900182.BB\CONTRACTS\Hutchinson Employment Contract.doc Dated: -10- CONTRACT FOR EMPLOYMENT THIS EMPLOYMENT CONTRACT is BEACH COMMUNITY REDEVELOPMENT VIELHAUER. entered into AGENCY, between the BOYNTON ("BBCRA") and SUSAN RECITALS The BBCRA and SUSAN VIELHAUER acknowledge the following premises for this contract: A. The BBCRA desires to employ SUSAN VIELHAUER as Controller of the BBCRA, and SUSAN VIELHAUER desires to undertake that employment. B. In selecting SUSAN VIELHAUER to be employed as Controller of the BBCRA, the BBCRA has relied on all information and materials appearing on or furnished in connection with her application for that position. SUSAN VIELHAUER represents that all such information and materials are accurate, complete, and authentic and that she is qualified to serve as Controller of BBCRA and that the performance of such duties are specialized in nature. C. The BBCRA and SUSAN VIELHAUER wish to reduce their agreements to writing in order to describe their relationship with each other, to provide a basis for effective communication between them as they fulfill their respective governance and administrative functions, and to enhance administrative stability and continuity within the BBCRA. D. Nothing herein shall constitute an abridgment or limitation on the rights and powers of the BBCRA Board to create or alter the work force of the BBCRA by appropriation or non-appropriation of funds earmarked for positions. TERMS, CONDITIONS, AND COVENANTS Accordingly, on the foregoing premises and in consideration of the mutual covenants contained in this contract, the BBCRA and SUSAN VIELHAUER agree as follows: ARTICLE 1 Agreement for Employment 1.1 The BBCRA hereby employs SUSAN VIELHAUER to serve as Controller of BBCRA and SUSAN VIELHAUER hereby accepts that employment and undertakes that employment.. 1.2 SUSAN VIELHAUER is an at will employee of the BBCRA. By acceptance of this Contract SUSAN VIELHAUER acknowledges that there has been no representation or promise, expressed or implied fixing the term of her employment, except as provided for herein. ARTICLE 2 Duties and Obligations 2.1 Principal Duties and Obligations. Subject to the BBCRA Board responsibilities and direction for the overall operation of the BBCRA SUSAN VIELHAUER shall: 2.1.1 serve as Controller of BBCRA. The job description for Controller of BBCRA is attached as Exhibit "A". 2.2 Manner of Performance. Except as otherwise expressly provided by this contract, as Controller of BBCRA, she shall at all times: 2.2.1 devote all her time, attention, knowledge, and skill solely and exclusively to the business and interests of the BBCRA during normal working hours and at BBCRA related events, after normal business hours. 2.2.2 perform her duties and obligations faithfully, industriously, and to the best of her ability. 2.2.3 not engage in conflicting outside employment except with prior written approval of the BBCRA. 2.2.4 keep the BBCRA fully informed in advance of all travel and activities that take her out of the office for more than a day at a time. All travel must be in accordance with the BBCRA Travel Policy. ARTICLE 3 Annual Performance Goals and Evaluation 3.1 The BBCRA shall review and evaluate the performance of SUSAN VIELHAUER at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance criteria developed by the BBCRA, which criteria must be provided to SUSAN VIELHAUER in advance of the commencement of the period of evaluation. 3.2 Periodically, the BBCRA and SUSAN VIELHAUER shall define such goals and performance objectives that they determine necessary for the proper operation of the BBCRA operations in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating budget and appropriations provided by the BBCRA Board. 3.3 Compensation reviews are not subject to any specific formula. Wage -2- adjustments shall be at the sole discretion of the BBCRA and are subject to the appropriation of funds by the BBCRA Board. In no case shall any wage adjustments result in a decrease in salary from the amounts indicated in Article 4 herein. ARTICLE 4 Compensation and Benefits 4.1 Base Salary. The BBCRA shall pay to SUSAN VIELHAUER an annual salary of FORTY THOUSAND ($40,000) DOLLARS, payable in twenty-six (26) equal installments on a bi-weekly basis. 4.2 Business Expenses. The BBCRA shall pay or reimburse SUSAN VIELHAUER consistent with reimbursement policies for BBCRA of Boynton Beach employees. 4.3 Health Insurance. SUSAN VIELHAUER shall be provided with health insurance as approved by the BBCRA. 4.4 Holidays. SUSAN VIELHAUER shall be entitled to observe the following holidays: one-half (1/2) Day New Year's Eve, New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, One Religious observance day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, one-half (1/2) Day Christmas Eve, and Christmas Day and such other days as may be specifically designated from time-to-time by the BBCRA Board. The BBCRA Board reserves the right to declare these and any other holidays on a date designated by them; such date does not necessarily have to be on the specified traditional date, but on a date that meets the best interest of the BBCRA. SUSAN VIELHAUER shall be paid for legal holidays. If she works on a holiday she shall also be paid for the holiday and the time worked shall be paid at time and one- half rate. SUSAN VIELHAUER must work her regular work days immediately before the and after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. 4.5 Vacations. SUSAN VIELHAUER shall be entitled to earn vacation leave at the rates shown in the scheduled outlined below. The number of day/hours credited per year will not increase after the 20th years of service unless the schedule is amended. In computing vacation leave, no vacation .leave will accrue for any week in which SUSAN VIELHAUER is not in a paid status, for 24 or more hours. SUSAN VI ELHAUER will not be eligible for vacation until after her first anniversary date. -3- VACATION ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Days Vacation Hours 1 Year 6 48 2 but less than 5 12 96 5 years but less than 10 15 120 10 17 136 10 years but less than 20 20 160 20 years and after 0 0 SUSAN VIELHAUER may accrue vacation leave to a maximum of the leave eamed in the most recent two employment years. Vacation leave accrues during 12-month intervals from the date of hire and may be taken after one year of employment. Any amount over the allowable maximum accrue vacation time that has not been used by the anniversary date will be forfeited. 4.6 Sick Leave. SUSAN VIELHAUER shall be entitled to accrue sick leave at the rate of one working day for each completed month of service (96 hours). Such leave shall be computed on an employment year basis. Sick leave pay will be paid at the rate as a regular workday. Unlimited accumulation of sick leave is authorized. Sick leave shall not be considered as a right which an employee may use at his/her discretion, but rather as a privilege which shall be allowed only in case of personal sickness or disability, legal quarantine because of exposure to contagious disease, or in the case of illness within the immediate family. No more than five working days in any calendar year may be taken as sick leave because of illness within the immediate family. In the case of a prolonged, sedous illness within the family, an employee may take more family sick time only if approved by the Director and BBCRA Board and a doctor's letter must be submitted. Sick leave will not be granted if it falls on regular days off or on a holiday. In order to be granted sick leave with pay SUSAN VIELHAUER must meet the following conditions: Ao Notify the Director one (1) hour before the beginning of the scheduled workday of the reason for his/her absence or within lesser limits if required. Permit such medical examination, nursing visit or inquiry which the BBCRA deems desirable. File a written request for such sick leave on the form and in the manner to be prescribed. Requests for more than three (3) days sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for duty. Eo If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, SUSAN VIELHAUER will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. In computing sick leave no sick leave increments will accrue for any week which the employee is not in a paid status, for 24 or more hours. Go In computing sick leave taken, all employees shall be charged one-hour sick leave for each hour not worked because of illness. H. Claiming sick leave when physically fit shall be cause for discharge. 4.7. Hours of Work. Hours of work will be determined by BBCRA Director, subject to the approval of the BBCRA Board and shall: A. be uniform within occupational groups, and B. be determined in accordance with the needs of the service, and C. take into account the reasonable needs of the public who may be required to do business with the BBCRA. ARTICLE 5 Indemnification and Reimbursement 5.1 Indemnification of the Controller of Development. The BBCRA shall: 5.1.1 defend and indemnify SUSAN VIELHAUER against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of her duties and responsibilities pursuant to this Contract. 5.1.2 Pay any judgment that may be entered against SUSAN VIELHAUER in a civil action arising out of and in the course of the performance of her duties and responsibilities pursuant to this contract, except a judgment based on intentional wrongdoing by SUSAN VIELHAUER. -5- 5.1.3 BBCRA reserves the rights to select, employ, discharge legal counsel necessary to provide the foregoing defense. retain, or ARTICLE 6 Date of Employment 6.1 SUSAN VIELHAUER's employment and the term of this Contract shall commence on January 1,2003. ARTICLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by mutual agreement of SUSAN VIELHAUER and the BBCRA; 7.1.2 upon SUSAN VIELHAUER's sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all or substantially all of her duties and obligations pursuant to this Contract as a result of physical or mental illness or condition, which inability shall be verified at the BBCRA's expense (to the extent not covered by applicable medical insurance maintained by the BBCRA) by a licensed physician mutually agreed upon SUSAN VIELHAUER by and the BBCRA, provided that state or federal law or regulation would not preclude or prohibit SUSAN VIELHAUER's separation under the condition. However in the event the parties are unable to mutually agree on a physician within fifteen days of a request for selection, the examining physician will be selected solely by the BBCRA. 7.1.3 at any time by the BBCRA's unilateral termination of SUSAN VIELHAUER's contract for the position. 7.1.4 the death of SUSAN VIELHAUER. 7.1.5 the resignation of SUSAN VIELHAUER. A resignation shall be submitted in writing and shall provide for an actual resignation date no earlier than forty-five (45) days following the date of notice of resignation. 7.2 Rights and Obligations Upon Unilateral Termination by BBCRA Board. Unilateral termination shall be in writing, signed by the Chairman of the BBCRA Board, and need not reflect performance related reasons. If this Contract is terminated by unilateral action by the BBCRA, SUSAN VIELHAUER shall be entitled only to: 7.2.1 Prorated base salary for the effective date of the termination plus one hundred fifty (150) days, calculated as follows: Employees annual base salary -6- shall be divided by 365 days, and that sum shall be multiplied by 150 days, less customary withholding. 7.2.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.2.3 an amount for accrued and unused vacation leave, at the employee's current rate of pay but in any case will not exceed 240 hours. 7.2.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula below: Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years More than 5 fully years, but less than 10 full years More than 10 full years, but less than 15 full years More than 15 full years, but less than 20 full years Upon 20 full years or more O% 10% 15% 20% 30% 7.3 Rights and Obligations Upon Termination by Mutual Agreement. If this Contract terminates upon mutual agreement of the parties, SUSAN VIELHAUER shall be entitled to: 7.3.1 Prorated base salary for the effective date of termination plus 150 days, calculated as follows: Employees' annual base salary shall be divided by 365 days, and that sum shall be multiplied by 150 days less customary withholding; 7.3.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.3.3 an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to Sections 7.2.3 and 7.2.4. 7.3.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to Sections 7.2.3 and 7.2.4. 7.4 Rights and Obligations Upon Termination Due to Disability or Death. If this Contract terminates due to SUSAN VIELHAUER's physical disability or death, SUSAN VIELHAUER or her guardian or personal representative shall be entitled only to the following compensation and benefits: 7.4.1 base salary through the last day that SUSAN VIELHAUER performed services to or on behalf of the BBCRA; -7- 7.4.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.4.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to Sections 7.2.3 and 7.2.4. 7.5 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates due to SUSAN VIELHAUER's resignation, SUSAN VIELHAUER shall be entitled only to the following compensation and benefits: 7.5.1 base salary through the date of resignation or such other date as mutually agreed to between SUSAN VIELHAUER and the BBCRA Board; 7.5.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.5.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to Sections 7.2.3 and 7.2.4. ARTICLE 8 Modification or extension of Contract 8.1 Modification and Amendment. No modification of or amendment to this Contract shall be valid unless reduced to writing and signed by both parties. ARTICLE 9 Venue 9.1 Any civil action adsing out of this Contract or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. ARTICLE 10 Waiver 10.1 The BBCRA's waiver of any breach of any term, condition, or covenant of this Contract shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Contract. ARTICLE 11 Applicability to Successors -8- 11.1 This Contract shall be binding on and inure to the benefit of: 11.1.1 SUSAN VIELHAUER's heirs and personal representatives; and 11.1.2 the BBCRA regardless of changes in the persons holding office as members of the BBCRA Board. ARTICLE 12 Severabilit~ of Provisions 12.1 If any provision of this Contract or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Contract or their application to other parties or circumstances. ARTICLE 13 Governing Law 13.1 This Contract and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE 14 Integration of All Agreements and Understandings 14.1 This Contract contains the entire agreement between the BBCRA and SUSAN VIELHAUER. All prior agreements and understandings, whether wdtten or oral, pertaining to the BBCRA's employment of SUSAN VIELHAUER are fully abrogated and of no further force and effect from and after the date of this Contract. 14.2 Regardless of which party's counsel prepared the original draft and subsequent revisions of this Contract, SUSAN VIELHAUER and the BBCRA and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Contract shall not be deemed to be the product of and, therefore, construed against either of them. 14.3 The omission from this Contract of a term or provision contained in an earlier draft of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. ARTICLE 15 -9- Execution of Contract 15.1 This Contract may be executed in duplicate or in counterparts, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition, or covenant of this Contract shall be binding on either party until both parties have signed it. EXECUTED on the respective dates set forth below. SUSAN VIELHAUER Dated: Witness Witness BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Dated: LARRY FINKELSTEIN, CHAIRMAN, BBCRA BOARD APPROVED AS TO FORM: BBCRA ATTORNEY Dated: H:\1990\900182.BB\CONTRACTS\Vlelhauer Employment Contract.doc -10- MEMO TO: Board of Directors FROM: Doug Hutchinson REF: Secretary Position DATE: January 15, 2003 Please be advised that we have change Annette's Contract to reflect her current position she was hired for. We also changed the Employee Policy Manual to reflect the secretary scope of work referenced in the memo to the CRA Board on 9/4/02. CONTRACT FOR EMPLOYMENT THIS EMPLOYMENT CONTRACT is entered into between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("BBCRA") and ANNETTE GRAY. RECITALS The BBCRA and ANNETTE GRAY acknowledge the following premises for this contract: A. The BBCRA desires to employ ANNETTE GRAY as Secretary of the BBCRA, and ANNETTE GRAY desires to undertake that employment. B. In selecting ANNETTE GRAY to be employed as Secretary of the BBCRA, the BBCRA has relied on all information and materials appearing on or furnished in connection with her application for that position. ANNETTE GRAY represents that all such information and materials are accurate, complete, and authentic and that she is qualified to serve as Secretary of BBCRA and that the performance of such duties are specialized in nature. C. The BBCRA and ANNETTE GRAY wish to reduce their agreements to writing in order to describe their relationship with each other, to provide a basis for effective communication between them as they fulfill their respective governance and administrative functions, and to enhance administrative stability and continuity within the BBCRA. D. Nothing herein shall constitute an abridgment or limitation on the rights and powers of the BBCRA Board to create or alter the work force of the BBCRA by appropriation or non-appropriation of funds earmarked for positions. TERMS~ CONDITIONS~ AND COVENANTS Accordingly, on the foregoing premises and in consideration of the mutual covenants contained in this contract, the BBCRA and ANNETTE GRAY agree as follows: ARTICLE 1 Agreement for Employment 1.1 The BBCRA hereby employs ANNETTE GRAY to serve as Secretary of BBCRA and ANNETTE GRAY hereby accepts that employment and undertakes that employment. 1.2 ANNETTE GRAY is an at will employee of the BBCRA. By acceptance of this Contract ANNETTE GRAY acknowledges that there has been no representation-or promise, expressed or implied fixing the term of her employment, except as provided for herein. ARTICLE 2 Duties and Obligations 2.1 Principal Duties and Obligations. Subject to the BBCRA Board responsibilities and direction for the overall operation of the BBCRA ANNETTE GRAY shall: 2.1.1 serve as Secretary of BBCRA. The job description for Secretary of BBCRA is attached as Exhibit "A". 2.2 Manner of Performance. Except as otherwise expressly provided by this contract, as Secretary of BBCRA, she shall at all times: 2.2.1 devote all her time, attention, knowledge, and skill solely and exclusively to the business and interests of the BBCRA during normal working hours and at BBCRA related events after normal business hours. 2.2.2 perform her duties and obligations faithfully, industriously, and to the best of her ability. 2.2.3 not engage in conflicting outside employment except with prior written approval of the BBCRA. 2.2.4 keep the BBCRA fully informed in advance of all travel and activities that take her out of the office for more than a day at a time. All travel must be in accordance with the BBcRA Travel Policy. ARTICLE 3 Annual Performance Goals and Evaluation 3.1 The BBCRA shall review and evaluate the performance of ANNETTE GRAY at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance criteria developed by the BBCRA, which criteria must be provided to ANNETTE GRAY in advance of the commencement of the period of evaluation. 3.2 Periodically, the BBCRA and ANNETTE GRAY shall define such goals and performance objectives that they determine necessary for the proper operation of the BBCRA operations in attainment of the objectives and shall further establish a relative priority among those, various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time -2- limitations as specified in the annual operating budget and appropriations provided by the BBCRA Board. 3.3 Compensation reviews are not subject to any specific formula. Wage adjustments shall be at the sole discretion of the BBCRA and are subject to the appropriation of funds by the BBCRA Board. In no case shall any wage adjustments result in a decrease in salary from the amounts indicated in Article 4 herein. ARTICLE 4 Compensation and Benefits 4.1 Base Salary. The BBCRA shall pay to ANNETTE GRAY an annual salary of THIRTY FIVE THOUSAND ($35,000) DOLLARS, payable in twenty-six (26) equal installments on a bi-weekly basis. 4.2 Business Expenses. The BBCRA shall pay or reimburse ANNETTE GRAY consistent with reimbursement policies for BBCRA of Boynton Beach employees. 4.3 Health Insurance. ANNETTE GRAY shall be provided with health insurance as approved by the BBCRA. 4.4 Holidays. ANNETTE GRAY shall be entitled to observe the following holidays: one-half (1/2) Day New Year's Eve, New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, One Religious observance day, Memodal Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, one-half (1/2) Day Christmas Eve, and Christmas Day and such other days as may be specifically designated from time-to-time by the BBCRA Board. The BBCRA Board reserves the right to declare these and any other holidays on a date designated by them; such date does not necessarily have to be on the specified traditional date, but on a date that meets the best interest of the BBCRA. ANNETTE GRAY shall be paid for legal holidays. IF ANNETTE GRAY works on a holiday she shall also be paid for the holiday plus the time worked shall be paid at time and one-half rate. ANNETTE GRAY must work her regular work days immediately before the and after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. 4.5 Vacations. ANNETTE GRAY shall be entitled to earn vacation leave at the rates shown in the scheduled outlined in the schedule below. The number of day/hours credited per year will not increase after the 20~h years of service unless the schedule is amended. In computing vacation leave, no vacation leave will accrue for any week in which the employee is not in a paid status, for 24 or more hours. ANNETTE GRAY shall not be eligible for vacation until her anniversary date. -3- VACATION ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Days Vacation Hours 1 Year 6 48 2 but less than 5 12 96 5 years but less thanlO 15 120 10 17 136 10 years but less than 20 20 160 20 years and after 0 0 ANNETTE GRAY may accrue vacation leave to a maximum of the leave eamed in the most recent two employment' years. Vacation leave accrues dudng 12-month intervals from the date of hire and may be taken after one year of employment. Any amount over the allowable maximum accrue vacation time that has not been used by the anniversary date will be forfeited. 4.6 Sick Leave. ANNETTE GRAY shall be entitled to accrue sick leave at the rate of one working day for each completed month of service (96 hours). Such leave shall be computed on an employment year basis. Sick leave pay will be paid at the rate as a regular workday. Unlimited accumulation of sick leave is authorized. Sick leave shall not be considered as a dght which an employee may use at her discretion, but rather as a privilege which shall be allowed only in case of personal sickness or disability, legal quarantine because of exposure to contagious disease, or in the case of illness within the immediate family. No more than five working days in any calendar year may be taken as sick leave because of illness within the immediate family. In the case of a prolonged, sedous illness within the family, an employee may take more family sick time only if approved by the Director and BBCRA Board and a doctor's letter must be submitted. Sick leave will not be granted if it falls on regular days off or on a holiday. In order to be granted sick leave with pay an employee must meet the following conditions: Ao Notify the Director one (1) hour before the beginning of the scheduled workday of the reason for his/her absence or within lesser limits if required. Permit such medical examination, nursing visit or inquiry which the BBCRA deems desirable. File a written request for such sick leave on the form and in the manner to be prescribed. Requests for more than three (3) days sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for duty. If excessive sick leave is taken in such a way as to indicate a pattem, random or otherwise, ANNETTE GRAY will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. Fo In computing sick leave no sick leave increments will accrue for any week which the employee is not in a paid status, for 24 or more hours. In computing sick leave taken, all employees shall be charged one-hour sick leave for each hour not worked because of illness. H. Claiming sick leave when physically fit shall be cause for discharge. 4.7, Hours of Work. Hours of work will be determined by BBCRA Director, subject to the approval of the BBCRA Board and shall: A. be uniform within occupational groups, and B. be determined in accordance with the needs of the service, and C. take into account the reasonable needs of the public who may be required to do business with the BBCRA. ARTICLE 5 IndemnificatiOn and Reimbursement 5.1 Indemnification of the Secretary. The BBCRA shall: 5.1.1 defend and indemnify ANNETTE GRAY against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of her duties and responsibilities pursuant to this Contract. 5.1.2 Pay any judgment that may be entered against ANNETTE GRAY in a civil action arising out of and in the course of the performance of her duties and responsibilities pursuant to this contract, except a judgment based on intentional wrongdoing by ANNETTE GRAY. -5- 5.1.3 BBCRA reserves the rights to select, employ, retain, or discharge legal counsel necessary to provide the foregoing defense. ARTICLE 6 Date of Employment 6.1 ANNETTE GRAY's employment and the term of this Contract shall commence on January 1,2003. ARTICLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by mutual agreement of ANNETTE GRAY and the BBCRA; 7.1.2 upon ANNETTE GRAY's sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all or substantially all of her duties and obligations pursuant to this Contract as a result of physical or mental illness or condition, which inability shall be verified at the BBCRA's expense (to the extent not covered by applicable medical insurance maintained by the BBCRA) by a licensed physician mutually agreed upon ANNETTE GRAY by and the BBCRA, provided that state or federal law or regulation would not preclude or prohibit ANNETTE GRAY's separation under the condition. However in the event the parties are unable to mutually agree on a physician within fifteen days of a request for selection, the examining physician will be selected solely by the BBCRA. 7.1.3 at any time by the BBCRA's unilateral termination of ANNETTE GRAY's contract for the position. 7.1.4 the death of ANNETTE GRAY. 7.1.5 the resignation of ANNETTE GRAY. A resignation shall be submitted in writing and shall provide for an actual resignation date no earlier than ten (10) working days following the date of notice of resignation. 7.2 Rights and Obligations Upon Unilateral Termination by BBCRA Board. Unilateral termination shall be in writing, signed by the Chairman of the BBCRA Board, and need not reflect performance related reasons. If this Contract is terminated by unilateral action by the BBCRA, ANNETTE GRAY shall be entitled only to: 7.2.1 Prorated base salary for the effective date of the termination -6- plus one hundred fifty (150) days, calculated as follows: Employees annual base salary shall be divided by 365 days, and that sum shall be multiplied by 150 days, less customary with'holding. 7.2.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.2.3 an amount for accrued and unused vacation leave, at the employee's current rate of pay but in any case will not exceed 240 hours. 7.2.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula below: Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years More than 5 fully years, but less than 10 full years More than 10 full years, but less than 15 full years More than 15 full ~ears, but less than 20 full years Upon 20 full years of service O% 10% 15% 2O% 3O% 7.3 Rights and Obligations Agreement. If this Contract terminates upon ANNETTE GRAY shall be entitled to: Upon Termination by Mutual mutual agreement of the parties, 7.3.1 Prorated base salary for the effective date of termination plus 150 days, calculated as follows: Employees' annual base salary shall be divided by 365 days, and that sum shall be multiplied by 150 days less customary withholding; 7.3.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.3.3 an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to Sections 7.2.3 and 7.2.4. 7.3.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to Sections 7.2.3 and 7.2.4. 7.4 Rights and Obligations Upon Termination Due to Disability or Death. If this Contract terminates due to ANNETTE GRAY's physical disability or death, ANNETTE GRAY or her guardian or personal representative shall be entitled only to the following compensation and benefits: -7- ARTICLE 11 Applicability to Successors 11.1 This Contract shall be binding on and inure to the benefit of: 11.1.1 ANNETTE GRAY's heirs and personal representatives; and 11.1.2the BBCRA regardless of changes in the persons holding office as members of the BBCRA Board. ARTICLE 12 Severability of Provisions 12.1 If any provision of this Contract or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Contract or their application to other parties or circumstances. ARTICLE 13 Governing Law 13.1 This Contract and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE 14 Integration of All Agreements and Understandings 14.1 This Contract contains the entire agreement between the BBCRA and ANNETTE GRAY. All prior agreements and understandings, whether written or oral, pertaining to the BBCRA's employment of ANNETTE GRAY are fully abrogated and of no further force and effect from and after the date of this Contract. 14.2 Regardless of which party's counsel prepared the original draft and subsequent revisions of this Contract, ANNETTE GRAY and the BBCRA and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Contract shall not be deemed to be the product of and, therefore, construed against either of them. 14.3 The omission from this Contract of a term or provision contained in -9- 7.4.1 base salary through the last performed services to or on behalf of the BBCRA; day that ANNETTE GRAY 7.4.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.4.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according Sections 7.2.3 and 7.2.4. 7.5 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates due to ANNETTE GRAY's resignation, ANNETTE GRAY shall be entitled only to the following compensation and benefits: 7.5.1 base salary through the date of resignation or such other date as mutually agreed to between ANNETTE GRAY and the BBCRA Board; 7.5.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.5.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to Sections 7.2.3 and 7.2.4. ARTICLE 8 Modification or extension of Contract 8.1 Modification and Amendment. No modification of or amendment to this Contract shall be valid unless reduced to writing and signed by both parties. ARTICLE 9 Venue 9.1 Any civil action arising out of this Contract or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. ARTICLE 10 Waiver 10.1 The BBCRA's waiver of any breach of any term, condition, or covenant of this Contract shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Contract. -8- an eadier draft of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. ARTICLE 15 Execution of Contract 15.1 This Contract may be executed in duplicate or in counterparts, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition, or covenant of this Contract shall be binding on either party until both parties have signed it. EXECUTED on the respective dates set forth below. ANNETTE GRAY Dated: Witness Witness BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Dated: LARRY FINKELSTEIN, CHAIRMAN, BBCRA BOARD APPROVED AS TO FORM: BBCRA ATTORNEY Dated: H:\1990\900182.BB\CONTRACTS\Gray Employment Contract.doc -10- PERSONAL 2. 3. 4. CHARACTERISTICS & ABILITIES: Ability to define and resolve problems Ability to work on projects independently; Ability to follow written and verbal directions; SALARY: dependent upon qualifications. The CRA Director will review the salary annually. are as outlined in the Employment Policy Manual. Ability to establish and maintain effective working relationships with co- workers and public; 5. Knowledge of business English, spelling, and punctuation, in order to prepare documents and compose letters, etc.; 6. Ability to type from Dictaphone or in taking dictation; 7. Ability to operate a computer; 8. Ability to analyze administrative problems and make sound recommendations; 9. Must possess excellent communication skills; 10. Must possess excellent typing skills; 11. Ability to supervise and schedule cledcal staff. The salary range for the Administrative Assistant is $35,000 to $50,000 Benefits SECRETARY JOB DESCRIPTION QUALIFICATIONS: High School diploma and a minimum of five (5) to seven (7) years of experience in a related field. Must be computer literate. JOB DESCRIPTION: 1. Reports directly to the CRA Director; 2. Property Inventory listings in the CRA- Location Map, Data Sheets and Photos 3.8 3. Phone List- Electronic; 4. CRA Board Package Preparation and Procedures; 5. Newsletter Development; 6. Media Tracking - Articles of Interest and Articles on the CRA 7. Files / Photos / Maps - develop and maintain system; 8. Minute Book- Open Meetings requirements; 9. Office Supply Inventory; 10. Project Information Files; 11. Compile Information for Brochure for CRA; 12. Power Point Presentation Preparations; 13. Office Systems Operation; 14. Meeting Book Deliveries and Meeting Room Set-up 15. Phones / Mail 16. Dailey Issues Serving the Public 17. Coordination of Project Meetings. PERSONAL CHARACTERISTICS & ABILITIES: 1. Ability to define and resolve problems, work on projects independently: 2. Ability to follow written and verbal directions; and establish and maintain effective working relationships with co-workers and public; possess excellent communication skills: 3. Knowledge of business English, spelling, and punctuation, in order to prepare documents and compose letters, etc.; ability to type from Dictaphone or in taking dictation: and Computer; Must possess excellent typing skills: 4. Ability to analyze administrative problems and make sound 19 recommendations; SALARY: The salary range for the Secretary is $20,000 to $35,000 dependent upon qualifications. The CRA Director will review the salary annually. Benefits are as outlined in the Employment Policy Manual. CHAPTER 08: EQUAL EMPLOYMENT OPPORTUNITY STATEMENT The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), or madtal status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. CHAPTER 09: OVERTIME In calculating overtime, only actual hours worked shall be counted. All non-exempt employees will be authorized overtime pay for authorized time worked in excess of 40 actual hours worked per week. Overtime pay will not be granted for less than a thirty- minute (30) period. CHAPTER 10: COMPENSATORY TIME A non-exempt employee eligible for overtime in accordance with the pay plan may be granted compensatory time off at the same rate it was earned (i.e., straight time for straight time, time and one-half for time and one-hal0. Compensatory time can be earned, accumulated, and used, with the CRA Director's approval or direction, in accordance with the Fair Labor Standards Act. Exempt employees are expected to work the necessary hours to complete their assignments. These employees are eligible for such limited compensatory time off with permission of the CRA Director as outlined above. The choice of whether to grant overtime pay or compensatory time rests solely with the CRA Director and depends on the most efficient and economical delivery of services. CHAPTER 11: TERMINATION PAY In the event of termination of exempt and non-exempt employees due to mutual agreement, the inability to perform their duties, unilateral termination by the CRA, death or resignation the following pay is due to the employee. 2O CRA COMMUNITY REDEVELOPMENT AGENCY 639 E. Ocean Ave. Suite #107 Boynton Beach, FI 33435 (561) 737-3256 FAX (561) 737-3258 POLICY MANUALS CRA EMPLOYMENT POLICY MANUAL Revised 01/16/2003 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. TABLE OF CONTENTS General Provisions Definitions Organization for Personnel Administration Types of Employees Hidng Procedures Recruitment and Selection Job Descriptions Equal Employment Opportunity Statement Overtime Compensatory Time Termination Pay Retirement Benefit Hours of Work Legal Holidays Vacation Leave Sick Leave with Pay Leave with Pay In-Service Training Leave without Pay Medical and Dental Insurance Outside Employment Gifts and Gratuities Conflicts of Interest Political Activities Disciplinary Actions Formal Grievances Employment of Relatives Sexual Harassment Effective Date of Policies Attachments Pay Plan Exempt Employees Pay Plan Non-exempt Employees Leave Request Forms Page Number 4 4 7 9 9 10 12 20 20 20 20 22 23 23 24 24 26 27 28 28 29 29 31 31 31 39 4O 41 45 CHAPTER 0t: GENERAL PROVISIONS PURPOSE OF THESE POLICIES: These policies are to provide guidance to the CRA Board in the administration of the CPA's employees. It is the intent of these policies to ensure that CPA employees will be dealt with on an equitable basis, so that the citizens of the CRA area may derive the benefits and advantages as a result of a competent CRA staff. POSITIONS COVERED BY THESE .POLICIES: The policies shall apply to all non-contract employees. These policies shall also apply to employees with individual employment contracts if incorporated by reference into the employment contract. APPROVAL OF pOLICIES: These policies shall be in effect when the CRA Board approves them. AMENDMENT OF POLICIES: The CRA Board may amend these policies from time to time, unless otherwise specified in this document. CHAPTER 02: DEFINITIONS The following terms shall have the meaning indicated unless the context clearly indicates otherwise: ADMINISTRATIVE REVIEW means review of a minor personnel action by the CRA Director. Minor personnel action includes verbal counseling, written counseling memos, reprimands, and suspensions with pay, demotions, and suspension without pay. ANNIVERSARY DATE shall mean an employee's date of hire or re-hire, whichever is later. APPEAL shall mean a request for review by the CRA Board. CONTINUOUS SERVICE shall mean employment that is uninterrupted. CONTRACT EMPLOYEE shall mean an exempt or non-exempt employee under an individual employment contract with the CRA Board. DISMISSAL shall mean the discharge of an exempt or non-exempt employee from his/her position with the CRA. The terms termination and dismissal are interchangeable. ELIGIBLE shall mean a person actively employed by the CRA Board. EXAMINATION shall mean any selection instrument used to measure the relative knowledge, skills, and abilities for candidates competing for positions which may include evaluations of training and experience, performance tests, oral interview, written tests, evaluations of performance appraisals, etc. EXEMPT EMPLOYEE shall be any employee whose position is determined by the Fair Labor Standards Act to be exempt from (not eligible for) overtime. FULL-TIME EMPLOYEE shall mean an employee who is scheduled to work a minimum of 36 hours per wcck. GRIEVANCE shall mean formal notice of dissatisfaction by an exempt or non-exempt employee with permanent status who feels they have been unjustly treated in cases involving employment conditions. IMMEDIATE FAMILY shall mean spouse, mother, father, son, daughter, sibling, step-father, step-mother, step-child, grand-parent, and grand-child. LAYOFF shall mean the dismissal from employment because of shortage of work or funds, or because of changes in the organization. NON-CONTRACT EMPLOYEE means any .exempt or non-exempt employee who is not employed under an individual employment contract. NON-EXEMPT EMPLOYEE shall mean any hourly employee whose position is determined by the Fair Labor Standards act to be eligible for overtime after 40 hours of work per week. OVERTIME PAY shall mean pay for overtime worked in excess of an hourly employee's normal workweek. PAY PLAN shall refer to a listing of exempt and non-exempt employment jobs and pay ranges. PAY RANGE shall mean a salary range established by the CRA Board with a minimum and maximum base salary. PART-TIME EMPLOYEE shall mean an employee who is scheduled to work less than 36 hours per week. PROBATIONARY EMPLOYEES shall mean any employee who is serving in a new position either by appointment, promotion, demotion, or reclassification. PROBATIONARY PERIOD shall mean a period of three (3) months. During this period an employee may be discharged, demoted, or suspended without warning or statement of cause. REGULAR EMPLOYEE shall mean an exempt or non-exempt employee who has achieved permanent status after completing a probationary pedod. SUSPENSION shall mean the separation with or without pay of an employee for a pedod of time. TEMPORARY EMPLOYEE shall mean an employee holding a position other than regular full-time or part-time for a specified pedod of time. TEMPORARY POSITION shall mean all positions that are not designated regular. TERMINATION shall mean the discharge of an employee from his or her position with the CRA. The terms termination and dismissal are interchangeable. VACANCY shall mean a position existing or newly created, which is not occupied. CHAPTER 03: ORGANIZATION FOR PERSONEL ADMINISTRATION THE CRA BOARD OF DIRECTORS shall: A. Approve the employment policy manual of the CRA after receiving a recommendation from the CRA Staff. B. Annually approve a pay plan that will provide for wage and benefit increases or decreases or status quo. C. Ratify all appointments to positions that require an individual contract. D. Ratify all removals from positions that require an individual contract. THE CRA DIRECTOR shall: A. Be responsible to the CRA Board for the administration of the Employment Policy Manual. B. Appoint, promote, transfer or remove, demote, suspend, or discipline all subordinate employees. Performs all duties and exercises all powers in personnel administration that are vested to the CRA Director by the provisions of the CRA Employment Policy Manuals. D. Appoint an employee to perform Human Resources Duties. THE HUMAN RESOURCES EMPLOYEE shall: A. Administer all the provisions of the Employment Policy Manual through the direction of the CRA Director and CRA Board. B. Develop and administer the recruitment and examination programs of competent applicants to ~"t the needs of the CRA service. Prepare and recommend to the CRA Director and CRA Board job descriptions and amendments to job descriptions, which reflect the duties being performed by each employee. D. Administer the pay plan that has been approved by the CRA Board. Provide a system of checking payrolls to ensure all persons in the CRA service are being paid in accordance with these policies. 7 F. Provide for the establishment and maintenance of a roster of all employees in the CRA service. G. Maintain and update employment forms as needed. H. Development and establishment of training and educational programs for employees as conditions warrant. I. Recommendations and preparation of policies or amendments to the policies as may be necessary or advisable to carry out the intent and purposes of the CRA Employee Personnel Manual. J. Administration of the employee benefits programs. K. Administration of the disciplinary process. L. Review and file a written report with the CRA Board of the Personnel Policy Manual annually. M. Administration of the performance appraisal program. CHAPTER04: TYPES OF EMPLOYEES TYPES OF EMPLOYEES: CRA employees are divided into two groups: non-contract employees and contract employees. A. Contract employees are individuals hired by a direct employment contract. B. Non-contract employ~ are employees who are not othen~ise designated as contract employees. CHAPTER 05: HIR~G PROCEDURES POLICY This policy is to ensure equal employment opportunities are consistently obtained for all positions. The CRA Director shall hire existing vacant positions according to the CRA hiring procedure. The CRA Board shall create all new CRA positions, assign funding for pay ranges and direct CRA Director to start the hiring procedures according to the CRA Employment Policy Manual. BASIC REQUIREMENTS A. Job postings shall be for no less than (10) ten days on official publications or official bulletin boards. Hiring procedures such as applications, background checks, interviews, and examinations, shall be established by the CRA Director and administered by the human resources employee. All current hiring procedures shall be made available for inspection at the CRA Office. APPI,.ICATION PROCEDURE: Job Opportunities shall contain information such as position title, salary range, closing date (if indicated) as well as the minimum requirements needed for the job. Advertising of job opportunities will be made available to current CRA employees by posting or publication and to the general public in a local publication and / or Internet for no less than (10) ten days. If a closing date has been established and no applicant is recommended for employment from the pool of applicants who applied pdor to a closing date, the posting procedure may be commenced again at the discretion of the CRA 9 D. Temporary or seasonal positions do not require job postings due to the nature of the employment relationships which is intended to be of temporary or seasonal in duration, and which have no benefits attached. CHAPTER 06: RECRUITMENT AND SELECTION POLICY The CRA will operate competitive with other governmental entities as well as the private sector, in the recruitment and retention of qualified employees. Vacant positions shall be filled in the best interests of the CRA through recruitment, selection, and promotion of employees on the basis of their qualifications and relative knowledge, abilities, and skills. BASIC REQUIREMENTS A. When a job is posted the Human Resources employee will recruit, interview, and make tentative selections and recommendations to the CRA Director. The CRA Director has the pdmary responsibility for hiring employees. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of employment made to an individual pdor to obtaining all necessary authorizations shall not be binding on the CRA. CURRENT PROCEDURES A. APPLICATIONS AND INTERVIEWS The official recruitment process will begin once a job has been posted. The CRA Director or CRA Board may withdraw the job posting and end the recruitment process. Individuals desidng consideration for employment must submit an application for employment, a letter of proposal, or a resume to the human resources employee. Employees are encouraged to submit applications for promotional opportunities as job vacancies are posted. Ail applicants submitting a resume or letter of proposal and granted further consideration shall complete an application for employment. Applications must be signed and certified by the applicant. Falsification of any part of the application for employment or any related documents may upon discovery, lead to the denial of an application or dismissal of the employee. Incomplete applications will not be accepted. 3.O 4. The human resources employee may accept applications for employment even when there are no current vacancies for a specified position. o When a vacancy occurs, previously submitted applications and / or resumes on file may be considered in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. Certain jobs may require applicable testing prior to being given consideration. The human resources employee will administer all tests required and ensure that passing scores are attained pdor to forwarding an application for consideration to the CRA Director. 7. Upon receipt of the eligible applications, the CRA Director shall: a) Review and evaluate all applications and / or resumes based upon, but not limited to relative qualifications; knowledge, abilities, skills, education, experience, and certifications or licenses required in accordance with the job needs. Veterans Preference will be given in compliance with current legislation. b) Determine the most suitable applicants for further consideration. The human resources employee will contact the suitable candidates, prepare an interview schedule and conduct interviews with the CRA Director. All necessary steps as outlined in Section B must be satisfied before any offer or other similar indication of employment. B. SELECTION, REFERENCE CHECKS AND THE RECOMMENDATION PROCESS 1. Once the interview process has revealed a suitable applicant, the reference checks and screening steps should begin by the human resources employee. The human resources employee will conduct reference checks, check academic degrees, previous employers, character references, and all information provided on the application for employment, which is subject to verification as nccded. Once the results of reference checks and screenings appear satisfactory, the CRA Director will be so notified in order that further consideration may continue. The CRA Director may then recomrnend an applicant for employment and submit the proper forms to the CRA Board for review for comments. If the CRA Director proposes a salary, which exceeds the minimum of the position's pay range, written justification must be included for consideration of the salary. o It is the CRA's intent to employ the most quarked applicant best suited for the job. Current emplo~ with the CRA is a factor, but is not, in and of it self, determinative or controlling. C. EMPLOYMENT ACCEPTANCE The applicant must make employment acceptance within three (3) workdays of the employment offer, unless otherwise extended by the CRA Director. If employment acceptance is declined, the CRA Director may consider another applicant from the recruitment's applicant pool, or may choose to begin a new rec, Adtment process. Employment Procedures shall be followed in either All new CRA employees will attend an orientation that will be scheduled by the human resources employee. All new CRA employees must provide proof of work eligibility and verification of identity to the CRA. The human resources employee will process the necessary employee paperwork for payroll purposes, complete the benefits program enrollments, and stress the use of safe work practices and the CRA's commitment to excellent customer service. All new CRA employees will be introduced to CRA Staff and CRA Board Members. The Director shall then conduct a general orientation program for all new employees to explain the CRA's history and organization goals and objectives. CHAPTER 07: CRA JOB DESCRIPTIONS CRA DIRI~CTOR JOB DI~SCRIPTION This is a highly visible and responsible position involving the operation and administration of a community redevelopment agency established under Chapter 163 of the Florida State Statutes. The work involves planning, initiating, and directing programs and projects for the physical and economic improvement of the designated community redevelopment area of the CRA. More specifically, the work involves budgeting, capital planning and financial administration, personnel recruitment and supervision, business recruitment, land acquisition, urban planning and development, public relations, and the 12 administration of contracts for professional services and capital improvements. Work requires extensive contact with public official and the exercise of independent judgment and initiative. The CRA Director shall schedule m'~"Jngs of the CRA Board, prepares the meeting agenda, and maintains the minutes and appropriate public records of the meetings. This position is responsible to the CRA Board and serves as the primary staff liaison to the off.me of the City Manager for the City of Boynton Beach. ILLUSTRATIVE EXAMPLES OF W,QRK Oversees the preparation of the annual operating budget and capital plan for presentation and approval by CRA Board, approves budgetary requests and reviews all financial reports prepared by the controller. Oversees the recruitment and hinng, training and supen, ising of the CRAs' professional and cledcat staff, oversees the preparation and administration of all programs for employee performance reviews, disciplinary actions and the maintaining of all pemonnel records. Plans, initiates, and executes a vadety of programs and projects for the purpose of improving the physical and economic condition of the community redevelopment area, develops criteda for the evaluation of such projects and progmrns, prepares regular reports on the progress of projects and programs for the CRA Board, Oversee the preparation of the CRA Redevelopment Plan that gives the CRA its authority to implement programs. The CRA currently has two Redevelopment Plans: The Heart of Boynton Redevelopment Plan and the Federal Highway Redevelopment Plan along with sub-area plans. Negotiates and prepares contracts for ~onal services and capital impmvernents for the community redevelopment area, administers such contracts, monitors the progress of the contracted services or improvements. Issues ~Requests for Proposals" for the deposition of real property. Negotiates the acquisition and disposition of real estate for the-CRA as well as manages the commercial and residential real estate assets held by the CRA. o Kc. cps. informed of public and pdvate sector events affecting the comrmmity redevelopment area, advises the CRA Board of such events, represents the CRA at public functions, prepares programs for public information, maintains communication with property owners, business owners, residents, public officials, and the public at large regarding activities of the CRA. REQUIREMENTS FOR THE POSITION 1. Extensive experience in administration and urban planning, preferably in the area of urban redevelopment. 2. An understanding of the real estate development process including design, impact analysis and financing. 3. Knowledge of principles and practices of business and/or municipal administration. 4. Knowledge of federal, state, and local regulations relative to urban redevelopment, including an in-depth understanding of Flodda Statute Chapter 163. 5. Considerable experience in public sector budget preparation, contract administration and financial reporting. 6. Ability to establish working relationships with public officials, business representatives and community organizations. 7. Ability to comrmJnicate effectively orally as well as in writing. 8. Ability to analyze information and to prepare clear and concise reports. 9. Understanding of the fundamentals of public relations, media relations and mass communication. SALARY: The salary range for the CRA director is from $80,000.00 to $95,000.00 depending upon qualifications. The CRA Board will review the salary annually. Benefits are as outlined in the Employment Policy Manual. MINIMUM QUALIFICATIONS This position requires a Bachelor's Degree in business administration, public administration, urban planning architecture, or a related field and either a Master's Degree in a related field or five years experience in a successful redevelopment program. CONTROLLER JOB DESCRIPTION QUALIFICATIONS: A minimum of seven (7) years experience as an accountant and a college degree related to finance, accounting, or business. The applicant must have three (3) years experience in Fund Accounting, Non-Profit accounting and Grant Writing/Grant Administration. Must be computer literate including, but not limited to: Ail Microsoft Office Suites Components, Intemet/Email Protocols, Photodelux, NT Networks, Advanced Accounting Software Package, and Carillon Financials etc. JOB DESCRIPTION: The responsibilities of the Controller fall into three major functions: accounting, financial management, and project management; however, the job description may change as the CRA'S requirements and needs change. Within the responsib~ities area of accounting, the Controller will perform the following: 1. Accounts Payable and Accounts Receivable 2. General Ledger 3. Bank Reconciliation 4. Managing Cash Accounts 5. Job Costing 6. Check Writing 7. Monthly Financial Statements 8. Payroll; Deposits; 9. Personnel Records 10. Sales And Use Tax Returns 11. Grant Writing And Administration Within the responsibility area of financial management, the Controller will perform the following: 1. Assist in preparing the annual budget and in modifying the budget on a periodic basis 2. Assist in preparing a five-year budget and in modifying the budget on a periodic basis. 3.5 3. Prepare monthly cash flow forecasting. 4. Project financial analysis, assisting the Director and Board in analyzing budgets for a project. 5. Manage the insurance on all properties, personnel and the Board of Directors. 6. Coordinate the annual audit with auditors. 7. Analysis of operational expenses. PERSONAL CHARACTERISTICS & ABILITIES: 1. Ability to define and resolve problems 2. Ability to work on projects independently; 3. Ability to follow written and verbal directions; 4. Ability to establish and maintain effective working relationships with co- workers and public; 5. Knowledge of business English, spelling, and punctuation, in order to prepare documents and compose letters, etc.; 6. Ability to operate a computer; 7. Ability to analyze administrative problems and make sound recommendations; 8. Must possess excellent communication skills; Within the responsibility area of project management, the Director may give to the Controller projects to manage. The projects may be real estate oriented. SALARY: The salary range for the Controller is $40,000 to $55,000 dependent upon qualifications. The CRA Director will review the salary annually. Benefits are as outlined in the Employment Policy Manual. 16 ADMINSTRATIVE ASSISTANT JOB DESCRIPTION QUALIFICATIONS: Bachelors Degree and a minimum of five (5) to seven (7) years of experience in a related field. Must be computer literate. JOB DESCRIPTION 1. Reports directly to the CRA Director; 2. Arranges meetings and keeps Executive Director's schedule; 3. Makes travel arrangements as necessary; 4. Backs-up Secretary on phone and mail distribution; 5. Assist with mass mailings and general correspondence; 6. Event planning; 7. Prepare CRA Board agenda and meeting back-up packets, delivers the CRA Board Packet, attends CRA Board Meeting and prepares formal meeting minutes; 8. Advertise all legal notices; Prepares all necessary CRA related legal certifications; 9. Oversees the maintaining of the CRA general files and records disposition; 10. Prepare Temporary Use Agreements for CRA-owned properties; 11. Assist CRA Board members and the general public as necessary; 12. Assist City of Boynton Beach with regard to CRA matters; 13. Assist with CRA Redevelopment Plan Amendments; 14. Other activities as requested by the CRA Director and/or Board; 15. Performs office management functions and coordination; 16. Florida Notary Public 17 PERSONAL CHARACTERISTICS & ABILITIES: 2. 3. 4. Ability to define and resolve problems Ability to work on projects independently; Ability to follow written and verbal directions; Ability to establish and maintain effective working relationships with co- workers and public; 5. Knowledge of business English, spelling, and punctuation, in order to prepare documents and compose letters, etc.; 6.Ability to type from Dictaphone or in taking dictation; 7.Ability to operate a computer; 8. Ability to analyze administrative problems and make recommendations; 9. Must possess excellent communication skills; 10 Must possess excellent typing skills; 11. Ability to supervise and schedule clerical staff. SALARY: The salary range for the Administrative Assistant is $35,000 to dependent upon qualifications. The CRA Director will review the salary annually. are as outlined in the Employment Policy Manual. SECRETARY JOB DE,~CRIPTION sound $50,000 Benefits QUALIFICATIONS: High School diploma and a minimum of five (5) to seven (7) years of experience in a related field. Must be computer literate. JOB DESCRIPTION: 1. Reports directly to the CRA Director; 2. Assist Administrative Assistant with travel arrangements as necessary; 3. Answers phone and assist with mail distribution; 18 5. A~stwi~event planning; 6. Assist with preparing CRA Board agenda and meeting back-up packets; delivers the CRA Board Packet, attends CRA Board Meeting and prepares formal meeting minutes; 7. Maintains the CRA general files and records disposition; 8. Prepare Temporary Use Agreements for CRA-owned properties; 9. Assi~ CRA Board members and the general public as necessary; t0. Assist City ot' Boynton Beach ~ regard to CRA matters; ~ 12. Other activities as requested by the CRA Director and/or Board; 13. Performs office management functions and coordination; PERSONAL CHARACTERISTICS & ABILITIES: 1. Ability to define and resolve problems 2. Ability to work on projects independently; 3. Ability to follow written and verbal directions; 4. Ability to establish and maintain effective workers and public; working 5. Knowledge of business English, spelling, and prepare documents and compose letters, etc.; 6. Ability to type from Dictaphone or in taking dictation; 7. Ability to operate a computer; 8. Ability to analyze administrative recommendations; 9. Must possess excellent communication skills; 10. Must possess excellent typing skills; 3.9 problems relationships with co- punctuation, in order to and make sound SALARY: The salary range for the Secretary is $20,000 to $35,000 dependent upon qualifications. The CRA Director will review the salary annually. Benefits are as outlined in the Employment Policy Manual. CHAPTER 08: EQUAL EMPLOYMENT OPPORTUNITY STATEMENT The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national odgin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), or madtal status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. CHAPTER 09: OVERTIME In calculating overtime, only actual hours worked shall be counted. All non-exempt employees will be authorized overtime pay for authorized time worked in excess of 40 actual hours worked per week. Overtime pay will not be granted for less than a thirty- minute (30) period. CHAPTER t0: COMPENSATORY TIME A non-exempt employee eligible for overtime in accordance with the pay plan may be granted compensatory time off at the same rate it was earned (i.e., straight time for straight time, time and one-half for time and one-half). Compensatory time can be earned, accumulated, and used, with the CRA Director's approval or direction, in accordance with the Fair Labor Standards Act. Exempt employees are expected to work the necessary hours to complete their assignments. These employees are eligible for such limited compensatory time off' with permission of the CRA Director as outlined above. The choice of whether to grant overtime pay or compensatory time rests solely with the CRA Director and depends on the most efficient and economical delivery of services. CHAPTER 11: TERMINATION PAY In the event of termination of exempt and non-exempt employ----=~s due to mutual agreement, the inab~ity to perform their duties, unilateral termination by the CRA, death or resignation the following pay is due to the employee. 2O A Rights and obligation upon unilateral termination by the CRA shall be as follows: Prorated base salary for the effective date of the termination plus one hundred fifty (150) days, calculated as follows: Employees annual base salary shall be divided by 365 days and that sum shall be multiplied by 150 days, less customary withholding. 2. Reimbursement for unpaid reimbursed expenses Pay for the amount for accrued and used vacation leave, up to but not exceeding 240 hours, at the employee's current rate of pay. Pay for the amount of accrued and unused sick leave, not to ex. cd the maximum number of days permitted by law, according to the schedule / formula below:. Continuous Years of Service Percent of Accumulated Sick Leave O% Less than 5 full years More than 5 full years, but less than 10 full years More than 10 full years, but less than 15 full years More than 15 full years, but less than 20 full years Upon retirement from the CRA 10% 15% 20% 30% B. Rights and obligation upon termination by mutual agreement by the CRA and the employee: Prorated base salary for the effective date of the termination plus one hundred fifty (150) days, calculated as follows: Employees' annual base salary shall be divided by 365 days, and that sum shall be multiplied by 150 days less customary withholding. 2. Reimbursement for unpaid reimbursed expenses J Pay for the amount for accrued and used vacation leave, up to but not exceeding 240 hours, at the employee's current rate of pay. Pay for the amount of accrued and unused sick leave, not to ex.cci the maximum number of days permitted by law, according to the schedule / formula below:. 21 Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years 0% More than 5 full years, but less than 10 full years 10% More than 10 full years, but less than 15 full years 15% More than 15 full years, but less than 20 full years 20% Upon retirement from the CRA 30% Co Rights and obligation upon termination due to disability or death of the employee or their guardian or personal representative shall be entitled only to the following compensation and benefits: 1. A base salary through the last day in which the employee preformed services to or on behalf of the CRA 2. Reimbursement for unpaid reimbursed expenses 3. Pay for the amount for accrued and used vacation leave, up to but not exceeding 240 hours, at the employee's current rate of pay. Pay for the amount of accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule / formula below:. Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years 0% More than 5 full years, but less than 10 full years 10% More than 10 full years, but less than 15 full years 15% More than 15 full years, but less than 20 full years 20% Upon retirement from the CRA 30% CHAPTER 12: RETIREMENT BENEFIT All full time exempt and non-exempt employees will be eligible to participate in a retirement benefits plan after one year of continuous employment. Each employee will set up his / her own IRA account and then provide that information to the Controller. The CRA will match up to 5% of the employee considered 100% vested after five (5) years. 22 contribution. The employee will be CHAPTER 13: HOURS OF WORK Hours of work will be determined by CRA Director, subject to the approval of the CRA Board and shall: A. Be uniform for all employees and B. Be determined in accordance with the needs of the service, and C. Take into account the reasonable needs of the public who may be required to do business with the CRA. The initial office hours of operation shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for Approved Holidays. CHAPTER 14: LEGAL HOLIDAYS Legal Holidays to be observed by the CRA's exempt and non-exempt employees unless such employees are required to be on regular duty are one-half (1/2) Day New Year's Eve, New Year~s Day, Martin Luther King, Jr. Day, Presidents' Day, Memodal Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Date after Thanksgiving, one-half (1/2) Day Christmas Eve, and Christmas Day and such other days as may be specifically designated from time-to-time by the CRA Board. The CRA Board reserve the right to declare these and any other holidays on a date designated by the CRA Board; such dates do not necessarily have to be on the specified traditional date, but on a date that meets the best interest of the CRA. Employees shall be paid for the legal holidays at their current pay rate. Non-exempt employees who work on a holiday shall also be paid for the holiday plus the time worked shall be paid at time and one-haft rate. Non-exempt employees must work their regular workdays irnrnediately before the holiday and after the holiday in order to receive pay for the holiday. Part-time, temporary, and emergency appointed employee are not entitled to holidays with pay. 23 CHAPTER 15: VACATION LEAVE Each full time exempt and non-exempt employee shall earn vacation leave at the rate shown in the scheduled outlined below. The number of days ! hours credited per year will not increase after the 20~ year of service unless the schedule is amended. In computing vacation leave, no vacation leave will accrue for any week in which the exempt and non- exempt employee is not in a paid status, for 24 or more hours. All exempt and non-exempt employees shall upon termination of employment with the CRA be paid for unused accumulated vacation leave. New employees are not eligible for vacation until their anniversary. All employees will submit to the Controller for payroll a leave request form with the CRA Director's approval identifying vacation hours used. VACATION ACCRUAL, POLICY (Based on 40 hour work week) Years of Service Vacation Days Vacation Hours I Year 6 48 2 but less than 5 12 96 5 years but less than10 15 120 10 17 136 10 years but less than 20 20 160 20 years and after 20 160 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued dudng January 1 - December 31 may exceed this stated policy, however, any amount over the accrued amount of the two most recent employment years mmdmum that has not been used dudng that (January 1 - December 31) will be forfeited as of December 31. CHAPTER 16: SICK LEAVE WITH PAY Sick leave with pay shall be granted to full time exempt and non-exempt employees at the rate of one working day for each completed month of service. Sick leave with pay shall be computed from the hire date of the employee with unlimited accumulation of sick leave. Sick leave with pay will be paid at the same rate as an employee's regular rate of pay. Sick leave shall not be considered as a right, which an employee may use at his/her discretion, but rather as a privilege, which shall be allowed only in case of personal sickness or disability, legal quarantine because of exposure to contagious disease, or in 24 the case of illness within the irnrnediate family. No more than five working days in any calendar year may be taken as sick leave because of illness within the immediate family. In the case of a prolonged, serious illness within the family, an employee may take more family sick time only if approved by the CRA Director and CRA Board and a doctor's letter must be submitted. Sick leave will not be granted if it falls on regular days off or on a holiday. In order to be granted sick leave with pay an employee must meet the following conditions: A. The employee shall notify the CRA Director one (1) hour before the beginning of the scheduled workday of the reason for his/her absence or within lesser limits if required. B. The employee shall permit a medical examination, nursing visit or inquiry into illness by the CRA Director as is deemed desirable or necessary. C. The employee shall file a written request for such sick leave on the leave request form that is signed off by the CRA Director and given to the Controller for payroll. D. All requests for more than three (3) days of sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for duty. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. F. Employees serving a probationary pedod on an odginal appointment shall accrue sick leave in accordance with the provisions of this section. G. In computing sick leave no sick leave increments will accrue for any week in which the employee is not in a paid status for 24 or more hours. H. In computing sick leave taken, all employees shall be charged one-hour sick leave for each hour not worked because of illness. I. Claiming sick leave when physically fit shall be cause for discharge. All full time exempt and non-exempt employees (or the beneficiaries in the case of death) will have payment made for unused sick leave at the rate specified in the table below, upon resigning, retirement or death. Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years 0% More than 5 full years, but less than 10 full years 10% More than 10 full years, but less than 15 full years 15% More than 15 full years, but less than 20 full years 20% Upon retirement for the CRA 30% Employees, if work is available, may retum to work with a Light Duty Certificate and/or letter from their physician provided there is work available within the CRA that would comply with the doctor's requirements. If there is no such work available the employee will remain on sick leave or workers' compensation status until he has a full release to return to work from his/her doctor. CHAPTER 17: LEAVE WITH PAY JURY DUTY/WITNESS PAY - Leave with pay may be authodzecl in order that exempt and non-exempt employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the CRA, provided that such leave is reported and approved by the CRA Director in advance. Exempt and non-exempt employees subpoenaed as witnesses in cases unrelated to CRA business may take vacation leave in order to receive pay. All leave with pay request must be submitted on a leave request form to payroll and signed by the CRA Director. Bo MILITARY LEAVE: All exempt and non-exempt employees in the CRA service who are mernbem of the military reserve units or called to active duty shall be treated in accordance with state and federal laws. Co DISABILITY: Exempt and non-exempt employees who are on disability leave will have their positions held for a maximum of nine_months from the date of injury or illness. If the employee fails to comply with any provisions required by the carder handling the claim, they will waive their dghts for reinstatement in their open position or any other position. D. WORKERS' COMPENSATION: When an exempt or non-exempt employee is injured, the employee will report the injury to the CRA Director. The employee will then report the injury to the Controller so the proper worker's compensation paperwork may be filled out. The Controller will immediately contact the worker's 26 compensation company and report the incident. The Controller will then send the employee to the appropriate doctor as necessary. Whenever an exempt or non- exempt employee is totally disabled from duty for a pedod of no more than seven (7) calendar days because of an injury determined to be cornpe~ under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. If the pedod of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his normal net take home pay. The injured employee will be eligible to receive the salary supplement for a period not to exceed three (3) months from date of injury. At the end of the three months or sooner, the CRA Director, and a designee of the CRA Board will review the case for a determination on continuation of the salary supplement and the rate of the salary supplement up to an 18 month period. If an employee who is receiving Worker's Compensation payment along with CRA supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere, dudng this period, he/she will be subject to reimburse the CRA for all medical expenses and supplement sick or vacation pay taken and be subject to dismissal. E. COMPASSIONATE LEAVE: In the event of the death of the mother, father, foster parents, brother, sister, husband, wife, son, daughter, grandparents, grandchildren, mother-in-law, or father-in-law of a exempt and non-exempt employee such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for any one death. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, five (5) consecutive calendar days shall be allowed. Employees must submit proof of death in order to be eligible for the compassionate leave for (5) five days. The CRA Director may grant additional leave under this section when he/she deems it appropriate. CHAPTER 18: IN. SERVICE TRAINING Any exempt or non-exempt employee may be granted leave with pay to attend an authorized training program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency: A. Leave is requested by the employee on the leave request form and approved by 27 the CRA Director. When such leave is granted, the Controller shall be promptly notified with a copy of the signed leave request form which will include the reason for such leave, the course work to be completed, and the date of the employee's return to duty. B. Leave shall be for time required to complete the course when there are adequate funds available within the budget of the CRA. Co In the event the course is not successfully completed the employee granted leave under this rule shall reimburse the CRA for one-half the cost of such training course. If the employee leaves the CRA service within one (1) full year after completion of such training, he/she shall reimburse the CRA for the total cost of such training course if the CRA Director requires. CHAPTER 19: LEAVE WITHOUT PAY A full time exempt or non-exempt employee may be granted leave of absence without pay for a pedod not to exceed one year for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the CRA. Such leave shall require the prior approval of the CRA Director and the CRA Board. Employees that are on approved leave of absence without pay will be responsible for paying all their benefits, i.e., insurance, etc. Employees will not be able to accrue benefits during a leave of absence without pay. CHAPTER 20: IIIEDICAL & DENTAL INSURANCE The CRA will provide staff with medical and dental insurance policies comparable to the City of Boynton Beach. The Controller will perform a review,for the medical and dental insurance coverage every year and provide the CRA Director and CRA Board with the information to make an informed decision on the selection of medical and dental insurance coverage for the CRA Staff. The CRA will cover the cost for exempt and non-exempt full time employee medical and dental insurances. The CRA employee will cover any additional cost for any additional coverage selected for spouse or children. 28 CHAPTER 21: OUTSIDE EMPLOYMENT A CRA employee is permitted to engage in any business, trade, occupation or profession provided prior written approval of the CRA Director has been obtained, however, such activity is not permitted if it would bring the CRA into disrepute, reflect discredit upon the employee as an employee of the CRA, interfere with the performance of the employee's CRA duties, present a conflict of interest which resulted in misuse of CRA property or funds, or result in use of the CRA position for personal gain. Probationary and full-time exempt and non-exempt employees must recognize the CRA as pdmary employer in all issues regarding outside employment. CHAPTER 22: GIFTS AND GRATUITIES A. All CRA exempt and non-exempt employees are subject to the provisions of Florida Statue Chapter 112. of the Florida State law. B. In addition, the CRA imposes the following restrictions on all employees: Gift and Gratuity' may include any tangible or intangible benefit in the nature of gifts, favors, entertainment, discounts, passes, transportation, accommodation, hospitality, or offers of employment. Unless authorized or excepted as herein pmvidad, an employee shall not accept or solicit, by request or exhibiting identification (including weadng of a uniform), any gift or gratuity, including food or drink for the employee or other, from any individual, business establishment (profit or non-profit) or merchant, including but not limited to existing or potential vendors or contractors, franchisees, licensees, and/or customers of the CRA. An employee shall not receive, under any pretense, or seek, ask, or share in any fee, reward, or other reimbursement or gratuity for the performance of official duties. All prohibitions herein apply equally where the beneficiary is the spouse, child, parent, parent-in-law, brother, sister, grandparent, or grandchild of the employee. 5. Alcohol, Beer and Wine gifts are prohibited. 29 6. Exceptions: (a) Solicitation or acceptance of anything from a friend or relative unrelated to any employee duties or CRA business and based upon a personal or family relationship; (b) Participation in the activities of, or the acceptance of an award for, a meritorious public contribution or achievement from a charitable, religious, professional, social, or fraternal organization, or from a non-profit educational, recreational, public service, or civic organization; (c) Participation in widely-attended luncheons, dinners, and similar gatherings sponsored by industrial, technical or professional associations for the discussion of matters of mutual interest to the CRA will be made by the CRA when attended by CRA employees. (d) Gift or gratuity extended to the entire CRA extended through and approved by the CRA Director. C. The CRA Director may authorize as incident to the normal course of and in furtherance of CRA business, the acceptance of benefits, food, drink, lodging, transportation, or entertainment. All employees shall file a monthly disclosure report to the CRA Director for review and indication of approval. D. Upon offer of any gift/gratuity to an employee, the responsible employee may in case of question as to application of this policy submit the gift/gratuity proposal to the CRA Director or CRA Board. E. The CRA Chairman must approve gifts, including but not limited to services, furniture, equipment, and materials in excess of $1,000 in value presented to the CRA. The CRA Director may approve all materials of lesser value. Fo Any employee receiving any item on behalf of the CRA will i~iately report the offer or item to the CRA Director. Where practical, receipt should not be made until a report is made and approval to accept is obtained. The report shall include a description of the gift, name of the donor (if known), when the gift was received, and explanation of the proposed disposition of the gift. If the donor is known, the employee shall return any gift not acceptable under this policy. If the donor is unknown, the employee will deliver any unacceptable gift to the CRA Director, who will donate the unacceptable gift to a non-profit charitable 3O Director, who will donate the unacceptable gift to a non-profit charitable organization. CHAPTER 23: CONFLICTS OF INTEREST All exempt and non-exempt CRA Employees am subject to the provisions of Florida Statue 112 of the Florida State Law. CHAPTER 24: POLITICAL ACTNITY All exempt and non-exempt CRA employees are subject to the provisions of Section 104.31 of the Florida Statue. CHAPTER 25: DISCIPLINARY ACTIONS A. The CRA is committed to recruit, train, and retain, qualified employees who will contribute to the CRA mission. The success of CRA in providing quality and efficient public services directly correlates with appropriate employee conduct and performance. Employee behavior which is positive and supportive of the goals of the CRA is fully encouraged. Co When an employee's conduct or performance is inconsistent with the r~,,.'"Js and goals of the CRA, disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, dismissal may immediately occur. D. No employee shall be disciplined without just cause. DISCIPLINARY ACTIONS POLICY Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the CRA and its services. CRA Director reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. B. Although progressive disciplinary actions am encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 3l Co A number of factors should be considered in deten'nining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of pdor disciplinary actions, insubordination, employee willingness to improve, overall work performance and D. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate disciplinary measure. Eo The level of misconduct may differ in individual cases from apparently similar incidents. The CRA retains the dght to treat each occurrence on an individual basis without creating a precedent for situations which may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the CRA, but are to be used as a guide. The CRA Director will document and/or take disciplinary actions for misconduct, and forward the completed disciplinary documents to the human resources employee. EXAMPLES OF MISCONDUCT: The following types of infractions, offenses, or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the CRA which violate permissible behaviors or are specifically prohibited by law. The following are a list of reasons are for informational purposes only and are not meant to be exhaustive. Each disciplinary action shall be considered on a case-by-case basis. The following are examples of violations which shall result in discipline and the progressive discipline actions which may accompany the violations: MISCONDUCT Conduct unbecoming a CRA Employee which shall mean employee behavior or actions on the part of the employee which hinder or jeopardize the successful operation of the CRA, undermine teamwork and cooperation among CRA employees, or undermine the public confidence in the CRA or its employees. B. The abuse of the personnel policies included within the employment, purchases or financial manuals. The abuse of work rules including habitual extension of lunch periods or break period, habitually late for work without valid reason, smoking in prohibited areas, or the unauthorized solicitation, posting of material, or non-productive behavior. 32 NOTE This chart outlines the usual progression for repeated occurrences of misconduct. If sedous misconduct or extreme misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 15T OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE MISCONDUCT COUNSELING WRII I f--N SUSPENSION REPRIMAND WITHOUT PAY OR DISMISSAL SERIOUS MISCONDUCT The violation or disregard of CRA's policy and procedures including but not limited to continued misuse of equipment or negligence resulting in injury to self, others, or damage to CRA equipment or property, horseplay potentially hazardous to life or property and unauthorized use or unsafe operation of CRA property or equipment. The abuse of personnel policies including but not limited to threatening a co- worker or director, use of abusive language to or about an employee, co-worker, director, or the public or insubordination, meaning the failure to recognize or accept the authority of the director. The abuse of work rules including but not limited to sleeping on the job, absent without calling in within one hour of shift start time, disrupting or hindering the operations of the CRA, failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status or outside employment which conflicts, interferes or otherwise hampers the performance of the employee in their CRA job The inefficiency or incompetence of an employee in the performance of assigned duties may result in demotion, or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality work or repeated failure to support CRA goals, and contribute to CRA success. 33 The following chart outlines the progressive discipline for three occurrences of serious misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE SERIOUS WR~ ~ i~N SUSPENSION DISMISSAL MISCONDUCT REPRIMAND OR WITHOUT PAY OR SUSPENSION DISMI~ WITHOUT PAY EXTREME MISCONDUCT The violation or disregard of CRA's safety procedures including but not limited to the failure to report an on-the-job injury or accident within 24 hours to Director, engaging in any intentional act which may inflict bodily harm on anyone, failure to report the revocation or suspension of a driver's license when employment involves driving. The abuse of personnel policies including, but not limited to possession of a firearm or concealed weapon on CRA property or while performing official CRA duties, gambling during work hours, suspension or revocation of any required job-related licenses or certification. The abuse of work rules including but not limited to the unauthorized personal use of CRA equipment or funds, the conducting personal and/or private business on CRA time, falsifying attendance records or other rules as communicated by director. Do The illegal, unethical or improper acts including but not limited to the theft or removal of CRA property without proper authorization, falsifying employment application or concealing information during pre-employment screening or processing, soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Florida Statutes, giving false information, or failure or refusal to fully cooperate or provide full, truthful information in CRA initiated investigations, possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test, possession or use of alcohol while on duty or reporting to work under the influence of alcohol, violation of the CRA's Sexual Harassment policy through interaction with another employee or a member of the public or conviction of a felony (including non-work related). 34 The following chart outlines the progressive discipline for two incidents of extreme misconduct. If misconduct or sedous misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1ST OCCURRENCE 2ND OCCURRENCE EXTREME OR SUSPENSION DISMISSAL UNLAWFUL WITHOUT PAY OR MISCONDUCT DISMISSAL PROCEDURE FOR DISCIPLINARY ACTION When the CRA Director becomes aware of conclusive evidence of the nccd for employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct, or lack of performance, pdor to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the CRA Director report in order to establish appropriate records. The human resources employee will be available to assist in the investigation as needed. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. Administrative Review: Investigations of non-criminal violations shall be conducted by the CRA Director, who shall obtain all sufficient information, including documentation and/or swom statements, in order to determine the necessity or level of disciplinary action. Criminal Investigations: Investigations conducted on CRA employees when criminal violations are reportedly shall be conducted by the Police Department, in collaboration with the CRA Director. The CRA Director may initiate a five day or less suspension with pay to afford the CRA Director the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Upon completion of the investigation a recommendation for disciplinary action will be given if confirmation of an incident or misconduct is found as a result of the investigation. A document confirming a favorable determination as to the matter should be made a part of the employee's record. When disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be construed as disciplinary in nature. 35 TYPES OF DISCIPLINARY ACTION' A. Counseling - Consists of waming the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetYa'on of employee behavior. Future violations will result in discipline up to and including termination. Wdtten Reprimand - Consists of issuing a written notice of reprimand to improve performance, work habits, or behavior. A written reprimand should include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits, or performance which require improvement, previous records of discussion, a time frame within which the employee must correct or improve his/her behavior and a warning that future violations will result in further disciplina~, actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and to the CRA Director for retention in the employee's records, with a copy provided to the employee. Employees may submit comments for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvement, a follow-up discussion at the end of the designated time period should be conducted. This follow-up discussion will provide a specific opportunity to review the employee's improvement relative to the discipline. Written reprimands should be reflected on the employee's performance evaluation along with any noted improvements. Suspension Without Pay - Consists of an employee being prohibited from retuming to work until the specified period of suspension has passed or the forfeiture of vacation time, if agreed to by the CRA Director. Suspensions without pay shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of progressive discipline support a suspension without pay for a specified period of time. Any time an employee is suspended for discipline, the suspension shall be without pay. Suspensions without pay beyond five working days require review by the CRA Attorney and notification of the CRA Board. 36 The CRA Director shall notify employees being suspended without pay in writing. The written notification shall consist of the reason for the action and the duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. Employees may submit comments for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and included in the employee's records, with a copy provided to the employee. Demotions - In the context of this policy, demotion consists of an employee being involuntarily removed from higher-level job to a lower level job, with a resulting decrease in salary. Although not limited to such instances, demotions may occur in some cases because of an inability to fulfill the duties of the higher-level job in a satisfactory manner; or a failure to comply with employment conditions, such as licensure or certification. In addition, probationary employees shall be subject to demotion without the CRA being required to state a reason. The probationary employee shall not have access to any appeal process with regard to the demotion. The CRA Director shall submit in writing notification of demotion of an employee to the CRA Board. Demotions require concurrence from Director, review by the CRA Attorney and notification of the CRA Board pdor to being effecttive. The CRA Director shall provide written notification of demotions to the employee. Such notices shall include the final decision, the reason(s) for the decision, the employee's new job title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including ten'ninafion of employment. All documentation of a demotion shall be retained in the ernCoyee's file. Employees may request a demotion to a lower level job voluntarily and such demotion shall not be considered punitive. Employees may submit comments for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification for inclusion in the employee's records. Eo Dismissal - Dismissal is a result of an employee's involuntary termination which severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. 37 The CRA Director shall supply documentation and notification for an employee's dismissal to the CRA Board. With the concurrence of Director, review by the CRA Attorney and notification by the CRA Board dismissals shall be in effect. A written notice of recommended termination shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, then the notice shall be sent via U.S. mail to the most recent address on record in the personnel file. The recommendation shall include the following information the underlying reasons and documentation for the recommended termination. An explanation of his/her rights to a predetermination hearing prior to termination taking effect and the fact that the decision of the CRA Director shall be final. The dismissal recommendation and the CRA Director final decision shall be placed in the employee's personnel file. Employees may submit comments for inclusion in their personnel file. Probationary employees who have not successfully completed the established probationary period shell be subject to dismissal without cause, after review by CRA Director. At the time of dismissal, employees are required to surrender, all CRA property which may be in their possession or custody and all other conditions for termination must be complied with pdor to issuance of final check. RIGHT TO PREDETERMINATION HEARING: Prior to the effective date of any suspension without pay of five days or mom, or a termination, the CRA shall conduct a predetermination headng. The CRA Director and a CRA Board designee shall conduct the predetermination headng. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges that are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative of his or her choice. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination headng and any further investigation into issues raised by the employee in defense or mitigation of the charges, the CRA Director and the CRA Board designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and at the same time establish the suspension or termination date(s) if appropriate. 38 EMPLOYEE APPEAL~ A. Probationary employees shall not have the dght to appeal any type of disciplinary action. Regular employees have the dght to appeal any suspensions without pay of, five days or greeter, or dismissals to the CRA Board within ten (10) business days of the employee's receipt of formal notification of recorrm-ended suspension or dismissal. The appeal shall be scheduled within forty-five (45) days of the date of notification to the CRA Board. Continuances shall not be granted except for good cause and in any event, not mom than one continuance shall be granted to either the employee or the CRA Board. D. The decision of the CRA Board shall be made within twenty (20) days following the close of the appeal or submission of written briefs, whichever occurs last. E. The decision of the CRA Board is binding and final. F. The CRA Board may not modify the discipline but shall either sustain or reverse the discipline. CHAPTER 26: FORMAL GRIEVANCES It shall be the general policy of the CRA to anticipate and avoid occurrence of valid complaints or grievances, and to deal promptly with complaints or grievances that may adse. Except where there is an acceptable reason for not doing so, all matters of this nature will be handled and tmnsnttted through CRA Human Resources employee in the following order, according to the chain of command: CRA Human Resources employee CRA Director CRA Board The pdmary purpose of this grievance procedure is to determine what is dght rather than who is dght. Free discussion between employees and the CRA Director will lead to better understanding by practices, policies and procedures that affect employees. Discussion will 39 serve to identify and help eliminate COnditions that may cause misunderstandings and grievances. This purpose is defeated if a spidt of COnflict enters into the COnsideration of a grievance. CRA Director and employees alike must recognize the true purpose of the grievance procedure if it is to be of value in promoting the well being of the CRA. The CRA Director shall establish rules for the processing of grievances. Rules may be amended from time to time, but should have as their objective the Prompt and efficient disposition of a grievance. Grievances are to be initiated by employee within ten (10) days of the event giving rise to the grievance or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. The decision of the Director regarding disposition of the grievance is binding and not subject to further review. CHAPTER 27: EMPLOYMENT OF RELATIVES The purpose of these guidelines is regulations the employment of relatives of elected officials or CRA employees. The CRA will comply with Florida Statue 112.3135 regarding nepotism rules in an effort to eliminate hiring practices that result in conflicts of interest, favoritism or the appearance of impropriety. PROCEDURE.~. A. No person may be hired into the same area in which he/she has an "immediate family" member working. B. No person may be transferred into a area in which he/she has an "i~iate family" member working. Provisions of this Policy will not affect persons employed and assigned at the time this Policy goes into effect. C. Persons becoming husband and wife while working within the same area may not both continue their employment in the same respective area. D. The Provisions of Florida Statute 112.3135, regarding nepotism shall control over any provision of this Policy. 40 CHAPTER 28: SEXUAL HARASSMENT The CRA is corrrnitted to providing a work environment that is flee of sexual harassment. Actions, words, jokes or comments based on an individual's sex will not be tolerated. Sexual conduct (both overt and subtle) is a form of employee misconduct that is demeaning to another person, undermines the integrity of the employment relationship and is strictly prohibited. Provisions am hereby established to provide for effective complaint procedures available to all employees for investigations of alleged sexual harassment. Violations of this policy will result in disciplinary actions up to and including termination. Further, it is the CRA's policy to act affirmatively to dissuade such practices through communication, training, and other appropriate methods to sensitize the employees to sexual harassment issues. Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors and/or other verbal or physical conduct of a sexual nature which creates a hostile or intimidating environment. Sexual harassment does not refer to occasional compliments of a socially acceptable nature or welcome social relationships. Unless the conduct is blatantly offensive, a single incident or remark does not generally create a hostile environment. Sexual harassment includes sexual advances and suggestions where: A. Submission to such conduct is either an expressed or implied term or condition of employment. B. Submission to or rejection of such conduct is used as a basis for an employment decision affecting the harassed person. C. The conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment. The policy prohibits behavior that is not welcomed by the employee and is personally offensive such as, but not limited to: A. Sexual flirtations, advances or propositions. B. Verbal abuse of a sexual nature, sexually related comments and joking, graphic, or degrading comments about an employee's appearance, or the display of sexual objects or pictures. C. Any uninvited physical contact or touching, such as patting, intentionally brushing against another's body. 41 pinching or PROVISIONS All levels of employees share responsibility for communicating this policy, for recognizing, responding, and taking corrective actions, and/or preventing sexual harassment of CRA employees. Bo Employees who feel they have bccn a victim of sexual harassment have an obligation and a duty to advise the individual instigating the sexual harassment that the conduct or behavior is unwelcome and offensive, if the behavior continues, the employee should immediately report the behavior to the Human resources employee, the CRA Director or the CRA Board Designee. The individual instigating the sexual harassment may not necessarily be another employee, co-worker, or supervisor, but may also be any other person conducting business for or with CRA employees. PROCEDURES A. Employees should report their sexual harassment complaint irmT~lately. The employee has the option of reporting the complaint as follows: 1. To the Human Resources employee or 2. to the Director or 3. to the CRA Board Designee B. If the Director is the person accepting the complaint, he or she will notify the Designee of the CRA Board. C. The Director will begin coordinating and conducting the investigation process in a timely manner. A written statement will be requested of the complainant. D. The CRA will provide an administrative response in a timely and reasonable manner (within 30 days, if possible). The response will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved in the sexual harassment. If the employee perceives the situation to be threatening, that employee may request authorization to use accnJed Annual Leave or Leave Without Pay or a job transfer. Approvals will be determined on a case by case basis. F. Disciplinary and/or corrective actions shall be imposed based upon the severity of confirmed sexual harassment. G. Confidentiality shall be maintained to the extent allowed by law to the persons involved in any investigation of a complaint. Unnecessary disclosures shall be prohibited. H. Employees exercising their rights by filing a complaint in good faith will not be retaliated against by the CRA regardless of the findings of the investigation. However, any employee found to have provided false or misleading information or does not fully cooperates with an investigation when filing a complaint may be subject to disciplinary action. I. Administrative operating procedures as determined by the Director for this policy shall be applicable. 43 CHAPTER: 29 EFFECTIVE DATE OF THESE POLICIES The effective date of this policy will be October 1, 2002. The policies shall be applicable to all employees hired after October 1, 2002. ATTACHMENTS Pay Plan Exempt Employees 2002-2003 Job Title E/N Annual Min. Annual Mid. Annual Max CRA Director Exempt $80,000.00 $86,000.00 $95,000.00 Controller Exempt $40,000.00 $48,000.00 $55,000.00 Administrative Exempt $35,000.00 $42,500.00 $50,000.00 Assistant Secretary F_~empt $20,000.00 $29,750.00 $35,000.00 Pay Plan Non-Exempt Employees 2002-2003 Job Title E/N Annual Min. Annual Mid. Annual Max Non-exempt position will be defined by the CRA Director as needed and approved according to the hiring policies of the CRA. 46 COMMUNITY REDEVELOPMENT AGENCY 639 E. Ocean Ave. Suite #107 Boynton Beach, F! 33435 Name of Employee: LF_.AVE REQUEST FORM Requested day(s) off: Amount of time requested off: TYPE OF LEAVE REQUESTED: Vacation Leave Sick leave with pay Jury Duty/Witness Pay Military Leave Disability Leave without pay r--'l Paid ~ No Pay Signature of Employee: Signature of CRA Director: For Payroll Use Only Total amount of accrued hours Total hours requested Total paid time off remaining Make three copies and return a copy to Director, and the Controller. the employee, CRA 47 7 Members - 4 Yr. terms LAST NAME FIRST EXPIRES ADDRESS PROFESSIONAL NAME ASSOCIATXON ~"~' guila .lose 6/20/04 800 sw Ist CT Robert G. Currie & Assoc., Inc. Boynton Beach 33426 134 NE Ist AVE Delray Beach, FL 33444 (561) 737-8894 (561) 276-4951 Fax (561) 243-8184 jose@curriearc.com "~elVlarco Alexander 6/20/06 1o817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fax (561) 736-1560 cristale@bellsouth.com ~'Fenton Don 1/10/06 2556 SW 23RD CRANBROOK DR Edward Jones & Company BOYNTON BEACH 33436 901 N Congress Avenue, Ste B-101 (561) 737-0793 Boynton Beach, FL 33426 (561) 737-1442 Fax (561) 364-1536 '~Finkelstein 4295 ST ANDREWS DRIVE Lamar Realty & Financial Group Larry 1/10/05 BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 Boynton Beach, FL 33435 (561) 736-g7g0 Fax (561) 736-62g0 Chair Ifgi@aol.com Heavilin .leanne 1/10/05 PO BOX 3693 (734 NE 9TM AVE) Sailfish Realty BOYNTON BEACH 33424 532 E Ocean Avenue (561) 731-4474 Boynton Beach, FL 33435 (561) 738-6613 Fax (561) 738-7911 Vice Chair jheavilin@msn.com Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. (561) 736-8668 100 NW 1~t Avenue Delray Beach, FL 33444 (561) 243-7040, Ext. 7047 Fax (561) 243-7221 mhoyland@delrayplanning.org '~' Tillman Henderson 1/10/05 54 BENTWATER CIR Spanish River High School BOYNTON BEACH 33426-7646 5100 .log Road (561) 965-6776 Boca Raton, FL 33496 (561) 241-2200, Ext. 2540 S:\CC\WP~BOARDS\LISTS\CRA Board,doc - bg - 01/16/2003 5 T. Call to Order. COMMUNITY REDEVELOPMENT AGENCY Special Meeting Thursday, January 16, 2003 Commission Chambers Boynton Beach 6:30 P.M. IT. Roll Call. III. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. IV. Consent Agenda. - None V. Public Audience. VI. Public Hearing - None VII. Director's Report- None VIII. Old Business: IX. Xa New Business: A. Consideration of Employment Policy Verses Employment Contracts for CRA Staff Other Items: - None XI. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO TO: CRA BOARD FROM: DOUG HUTCHINSON REF: SECRETARY POSITION DATE: 9~4~2002 It is proposed that the candidate will start on 10/1/2002. The selection process generated nearly 100 resumes. The proposed person, Annette Gray, was one of four finalists interviewed. She has an MBA and teaches business classes. She has extensive communication skills, event and marketing experience. She is well versed in writing for newsletters and has experience in web site design and development. She is very computer literate. Her personality is great for interaction with co-workers and public. She seems to have the skills and experience to eventually move up to an Assistant position. Her resume is attached. The firm that brought her to us is A&A Associates, who is a local minodty owned business. They also offer employment services so intedm status can be under contract until employee status is ready. There is clear and sizable work for her to do now. We have our computer system in now and there is a spot in the current office for her to work. I therefore request that we engage Annette Gray for the CRA Secretary position at a salary of $35.000.00 per year with benefits when available. The current secretary scope of work is: A. Property Inventory Listings in the CRA- Location Map, Data Sheets and Photos B. Phone List- Electronic C. CRA Board Package Preparation and Procedures D. Newsletter Development E. Media Tracking - Articles of interest and articles on the CRA F. Files/Photos/Maps- develop and maintain system G. Minute Book- Open Meetings requirements H. Office Supply Inventory I. Project Information Files J. Compile Information for brochure for CRA K. Power pOint Presentation Preparations L. Office Systems Operation M. Meeting Book Deliveries N. Meeting Room Set-up O. Phones/Mail P. Dailey Issues serving the public Q. Coordination of project meetings.