03-047ORDINANCE 03- Oq
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE PERSONNEL POLICY MANUAL OF
THE CITY OF BOYNTON BEACH; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, on February 2, 1998, by Ordinance 098-06, the City Commission of
:he City of Boynton Beach, adopted a Personnel Policy Manual for the City of Boynton
3each, which document was further amended by Ordinance No. 098-34 dated September 3,
[998, Ordinance 098-44, dated December 1, 1998 and Ordinance 02-031, dated August 6,
~.002; and
WHEREAS, the Human Resources Director is charged with the responsibility of
· eviewing the document on a continual basis and making recommendations for amendments
to the policies from time to time, to correctly reflect the intent and purposes of the City's
)ersonnel program;
WHEREAS, t he Human Resource Director with the assistance of administrative
;taff has undertaken a comprehensive review of the PPM and has recommended numerous
:hanges as delineated on the Summary of Changes, which is attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
tHE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That the Personnel Policy Manual (PPM) is hereby amended to
incorporate all of the amendments as reflected on the Summary of Changes, which is
attached hereto as Exhibit "A" and made a part hereof.
Section 2. That the PPM, which is attached hereto as Exhibit "B" and made a
3art hereof; has been reorganized and recodified for easier access to information.
Section 3. Should any section or provision of this ordinance or portion hereof,
Lny paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
conflict.
S:\CA\Ordinances~,dministrative\PPM Amendments Rev081103.doc
Section 5.
Section 6.
)ccurred:
Authority is hereby granted to codify said ordinance.
This Ordinance shall become effective when the
following has
(a) Immediately upon passage for all employees not covered by a collective
bargaining unit; and
(b) For those employees covered under a collective bargaining agreement,
when a collective bargaining agreement ratifying the foregoing changes to
the Personnel Policy Manual has been ratified by the City Commission and
the bargaining unit, or their successor organization.
FIRST READING this I~] dayofAugust, 2003
SECOND, FINAL READING and PASSAGE this ~
day of
CITY/~F BOY~JK)N B/i~ACH, F. LORIDA
S:XGAXOrdinan~s~dministrativeXPPM Amendments R~v08~ ~ 03.doc
£xk;b;+ "fi"
PERSONNEL POLfCY MANUAL
C:]:T~ OF BOYNTON BEACH
TMpORT&NT N _I~TTCF
Many of the policies conI-nin~rl in this manua! are based on legal
prouisions, interpretations o? !aw, and employee relations principles,
al! of which are subject to change_ For this reason, this manual is
considered to be n g,,ideline and is sub?ct tO change with !itt!e
_n_otjrn This manu¢! does ~?o~_ rnns~_i~_u~_e ¢ COtT~_t'~_C~_ Of em,nlnymen~_
Nothing in this manual shah be construed to constitute a contract
The City has the right, at its discretion, to modify this handbook at
any time Nothing herein limits the city's rights tO terminnte
~mnlnvm¢nt'
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2 T~RI; ti_l= CONTI:NT._~
3 Page
4 I. GENERAL PROVISIONS ................................................................................................... 4
5 01. Purpose of These Policies .......................................................................................................... 4
6 Positions covered by these policies ............................................................................................... 4
7 Approval of Policies ..................................................................................................................... 4
8 Amendment of Policies ................................................................................................................ 4
9 Codification ................................................................................................................................. 4
10 02. Organization for Personnel Administration .................................................................................. 4
11 City Commission: ........................................................................................................................ 4
12 City Manager .............................................................................................................................. 5
13 Human Resources Director: ......................................................................................................... 5
14 03. Equal Employment Opportunity Statement ................................................................................. 6
1 § 04. Harassment ............................................................................................................................. 6
16 Provisions ................................................................................................................................... 7
17 Procedures ................................................................................................................................. 7
18 05. Violence in the Workplace ......................................................................................................... 8
19 06. Drug and Alcohol Use ............................................................................................................... 8
20 07. Americans with Disabilities Act (ADA) ........................................................................................ 9
21 08. Effective Date of Policies ........................................................................................................... 9
22 II. EMPLOYMENT ............................................................................................................ 10
23 01. Types of Employees ................................................................................................................ 10
24 02. Recruitment and Selection ...................................................................................................... 10
25 Procedures ............................................................................................................................... 11
26 03. Employment of Relatives ......................................................................................................... 13
27 04. Hours of Work ........................................................................................................................ 13
28 05. Personnel Information / Employee Files .................................................................................... 13
29 06. Probationary Period ............................................................................................................ 14
30 New Hire (Full-time): ................................................................................................................. 14
31 Promotion from Part-Time to Full-Time: ...................................................................................... 14
32 Promotion to a Higher Graded Position: ...................................................................................... 14
33 Transfer to a different position, whether in the same or a lower grade: ........................................ 14
34 III. COMPENSATION ........................................................................................................ 15
35 01. Overtime ............................................................................................................................... 15
36 02. Callback and On Call ............................................................................................................... 15
37 03. Compensatory Time ................................................................................................................ 15
38 04. Demotions / Transfers ............................................................................................................ 16
39 Demotions ................................................................................................................................ 16
40 Transfer ................................................................................................................................... 16
41 05. Incentive Pay System ............................................................................................................. 16
42 Eligibility ................................................................................................................................... 16
43 06. Bonus Awards ....................................................................................................................... 16
44 07. City Manager Incentive Program .............................................................................................. 17
45 IV. BENEFITS .................................................................................................................. 18
46 01. Legal Holidays ........................................................................................................................ 18
47 02. Vacation Leave ....................................................................................................................... 18
City of Boynton Beach 2 Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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03. Sick Leave with Pay ................................................................................................................ 19
04. Bonus Days ............................................................................................................................ 20
Accrual ..................................................................................................................................... 20
05. Leave With Pay ...................................................................................................................... 2!
.lury Duty/Witness Fees: ............................................................................................................ 2!
Military Leave: .......................................................................................................................... 21
Disability: ................................................................................................................................. 21
Workers' Compensation: ............................................................................................................ 22
Compassionate Leave: ............................................................................................................... 22
Management Authorized Leave: ................................................................................................. 23
Authorized Training Leave: ........................................................................................................ 23
06. Leave Without Pay ................................................................................................................. 23
07. Family and Medical Leave Act .................................................................................................. 24
A. Entitlement ........................................................................................................................... 24
B. Continuation of Benefits ........................................................................................................ 24
C. Definitions ............................................................................................................................ 25
D. Requirements ....................................................................................................................... 25
E. Notice .................................................................................................................................. 26
08. Longevity Benefits .................................................................................................................. 27
Eligibility ................................................................................................................................... 27
Benefit ..................................................................................................................................... 27
Procedures ............................................................................................................................... 27
DROP Plan Participants .............................................................................................................. 27
09. Retirement Benefit ................................................................................................................. 28
V. PROFESS:[ONAL DEVELOPMENT ................................................................................... 29
01. In-Service Training ................................................................................................................. 29
02. Tuition Assistance ................................................................................................................... 29
03. Employee Technical Certification ............................................................................................. 29
VIL D1;SCTPLfNE ............................................................................................................... 31
01. Disciplinary Actions ................................................................................................................. 31
Examples of Misconduct ............................................................................................................ 31
Misconduct ............................................................................................................................... 32
Serious Misconduct .................................................................................................................... 33
Extreme Misconduct .................................................................................................................. 33
Procedure for Disciplinary Action ................................................................................................ 34
Types of Disciplinary Action: ...................................................................................................... 35
Right to Predetermination Hearing ............................................................................................. 37
Employee Appeals ..................................................................................................................... 37
02. Formal Grievances .................................................................................................................. 38
V1~:[. RES1~GNA-I-~ON / TERMINA'I-~ON ................................................................................. 39
01. Resignation/Termination ......................................................................................................... 39
Termination Pay ........................................................................................................................ 39
02. Lay-Off .................................................................................................................................. 39
V:E:[. APPEND;IX ............................................................................................................... 40
01. DEFIN:t-I'~ONS .......................................................................................................................... 40
02. INDEX .................................................................................................................................... 42
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GENERAL PROVI~SIONS
0:1.. Purpose of These Policies
These policies are to provide guidance for the administration of the City's Personnel program. It is
the intent of these policies that City employees will be dealt with on an equitable basis, so that
the citizens of the City may derive the benefits and advantages that can be expected to result
from a competent staff of City employees.
Positions covered by these policies
A. These policies shall apply to all non-contract employees. These policies apply to union
employees only when they are incorporated or referenced (in whole or in part) in the
union employees' collective bargaining agreement These policies apply to employees
with individual contracts only to the extent they are incorporated by reference in the
employee's contract.
B. An employee who is promoted or reclassified from positions previously covered by
bargaining unit agreements or by any previous rules or regulations into positions affected
by these policies, shall be considered covered by these policies effective as of the date of
the promotion or reclassification.
Approval of Policies
These policies shall be in force and effect when approved by Ordinance of the City Commission.
the event of any conflict between these rules and any other existing policies, rules or regulations
which are in conflict with these policies, these policies shall prevail.
Amendment of Policies
These policies may be amended from time to time by Ordinance of the City Commission, unless
another means of amendment is specified in this document.
Codification
The City Administration, from time to time, reserves the right to re-codify the Personnel Policy
Manual to facilitate its use.
02. Organization for Personnel Administration
City Commission:
The City Commission shall:
A. Have the power to approve or amend the Policies on its own initiative or on after receiving
a recommendation from the City Manager.
B. Ratify letters of appointment when required by the City Charter.
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City Manager
The City Manager shall:
A. Be responsible to the City Commission for the administration of the personnel system.
B. Appoint, promote, transfer, remove, demote, suspend, or discipline all subordinate
employees. The City Manager may, in his/her discretion, delegate administrative
authority to the Human Resources Director or Assistant City Manager to approve
personnel actions. The Manager may enter into letters of appointment to hire or
retain exempt status management employees under such terms and conditions as the
City Manager deems necessary to hire or retain competent management personnel.
Ratification of letters of appointment by the City Commission is not required unless
otherwise required by the City Charter.
C. Perform such other duties and have and exercise such other powers in personnel
administration as is vested in the City Manager by the provisions of the City Charter,
applicable law and these policies.
D. Appoint a Human Resources Director who shall be responsible to the City Manager for
the of the City's Personnel program.
Human Resources Director:
The Human Resources Director shall:
A. Administer the provisions of these policies.
B. Develop and administer recruitment and examination program to source competent
applicants to meet the needs of the City.
C. Develop, administer and maintain job descriptions that reflect the duties being
performed by each employee.
D. Perform a periodic review of compensation levels in the area to the extent that such
levels affect City employment.
E. Provide forms and/or procedures as necessary, appropriate or desirable to carry out
the personnel program.
F. l~n cooperation with the City Manager and various department heads, develop and
establish training and educational programs for employees as conditions warrant.
G. Perform Human Resources administration activities consistent with the City Charter or
these policies, as the City Manager may direct, or as may be required by Ordinance.
H. Prepare and recommend policies or amendments to the policies as necessary or
advisable to carry out the intent and purposes of the City personnel program.
I. Administer Benefit Programs
3. Review the Human Resources Policy Manual not less than bi-annually and file a written
report with the City Clerk.
Administer the Performance Appraisal Program.
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City of Boynton Beach Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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03. Equal Employment Opportunity Statement
The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination because
of race, color, creed, religion, national origin, sex, age, political affiliation, disability (except where
such factor is a bona fide occupational qualification or is required by State and/or Federal law),
sexual orientation, marital status, veteran status and/or other protected class status in all aspects
of its personnel policies, programs, practices, recruitment, examination, appointment, training,
promotion, retention or any other actions and operations.
04. Harassment
The City of Boynton Beach is committed to providing a work environment that is free of unlawful
harassment and discrimination. Harassment (both overt and subtle) is a form of discrimination
where a person is subjected to a hostile or offensive work environment because of threatening,
intimidating, embarrassing, or other offensive behavior based on race, religion, age, disability,
sex, national origin, sexual orientation, or other protected class status.
Unlawful harassment is a serious offense. Any employee who engages in such conduct or
encourages such behavior by others shall be subject to disciplinary action up to and including
dismissal. By way of illustration, but not limitation, the following shall constitute inappropriate
workplace behavior:
1. Disparaging remarks (written or verbal) of a discriminatory nature. Includes slurs toward a
protected group;
2. Jokes targeting a protected group, as well as jokes or comments or a sexual nature;
3. Posters, flyers, personal attire, etc., designed to promote discrimination or harassment of
a protected group;
4. Disparate treatment of individuals in the protected categories involving recruitment,
promotional opportunities and application of policies, procedures and regulations;
5. Acts of violence, threats of violence, or other harmful or offensive behavior intended to
promote a hostile work environment because of an individual(s) membership in a
protected group;
6. Sexual harassment can include unwelcome sexual advances, request for sexual favors,
and other verbal or physical conduct of a sexual nature that creates a hostile or
intimidating environment. The policy prohibits behavior that is not welcomed by the
employee and is personally offensive such as, but not limited to:
· Sexual flirtations, advances or propositions.
· 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.
· Any uninvited physical contact or touching, such as patting, pinching or intentionally
brushing against another's body.
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Provisions
All levels of supervisors are responsible for communicating this policy, and for
recognizing, responding, taking corrective actions, and/or preventing the harassment of
City employees.
Employees who feel they are a victim of harassment have an obligation and a duty to
advise the individual instigating the harassment that the conduct or behavior is unwelcome
and offensive. If the behavior continues, the employee is req,!ir~d tn_ immediately report
the behavior to their own supervisor or to Human Resources. The individual instigating the
harassment may not necessarily be another employee, co-worker, or supervisor, but may
also be any other person conducting business for or with City employees.
Procedures
1. Employees should report their I harassment complaint immediately. The employee has the
option of reporting the complaint as follows:
a. to their supervisor or department director, or
b. to the Director of Human Resources or a Human Resources department designee.
2. If the supervisor or department director is the person accepting the complaint, he or she
will notify the Director of Human Resources of the complaint.
3. Human Resources will begin coordinating and conducting the investigation process in a
timely manner. A written statement will be requested of the complainant.
4. The City will provide an administrative response in a timely and reasonable. The response
will indicate corrective actions, if any, to the employee filing the complaint and to the
individual(s) involved in the harassment.
5. Tf the employee perceives the situation to be threatening, that employee may request
authorization to use accrued Annual Leave, Leave Without Pay or a job transfer. Approvals
will be determined on a case-by-case basis.
6. Disciplinary and/or corrective actions shall be imposed based upon the severity of
confirmed harassment.
7. Confidentiality, to the extent permitted by law, shall be maintained to the extent allowed
by law to the persons involved in any investigation of a complaint.
8. Employees exercising their rights by filing a complaint in good faith will not be retaliated
against by the City regardless of the findings of the investigation; however, any employee
found to have provided false or misleading information or does not fully cooperate with an
investigation when filing a complaint may be subject to disciplinary action.
9. Administrative operating procedures as determined by the Director of Human Resources
for this policy shall be applicable.
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05. Violence in the Workplace
The City of Boynton Beach maintains a zero tolerance policy toward workplace violence, ft is the
intent of the City to provide a workplace free from intimidation, threats, or violent acts.
1. Violence, or the threat of violence, by or against any employee of the City of Boynton
Beach is unacceptable and violates City policy, and will subject the perpetrator to
serious disciplinary action up to and including termination, and criminal charges.
2. Possession, use, or threat of use, of a weapon, including any type of firearm, is not
permitted at work, or on City property, including City vehicle, unless such possession or
use of a weapon is a necessary and approved job requirement.
3. Any person who exhibits unusual behavior or makes threats, exhibits threatening
behavior, or engages in violent acts on City property shall be removed from the
premises as quickly as safety permits, and shall remain off the City's premises pending
the outcome of an investigation.
4. All City personnel are responsible for notifying a supervisor of any threats, which they
have witnessed, received, or have been told that another person has witnessed or
received.
a. Even without an actual threat, personnel should report any behavior they have
witnessed which they regard as threatening or violent.
b. Failure to notify a supervisor of such activity will subject the employee to serious
disciplinary action up to and including termination, and criminal charges.
5. No employee acting in good faith, who reports real or implied violent behavior will be
subject to retaliation or harassment based upon their report.
6. The actions of a supervisor, manager, or other employee will be dependent upon the
seriousness of the situation. However, consistent with personal safety, managers and
supervisors have a responsibility to make a good faith effort to defuse violent or
potentially violent situations as quickly as possible in order to prevent their escalation and
creating a threat to others.
06. Drug and Alcohol Use
The City of Boynton Beach does not tolerate illegal drug usage and drug or alcohol abuse. This
prohibition includes the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance in or away from the workplace.
Any employee who violates this policy is subject to disciplinary action up to and including
dismissal. (See Chapter Vff.01 Disciplinary Actions.)
The City recognizes drug dependency as an illness and a major health problem. Consequently, it
provides an Employee Assistance Program (EAP) that offers short-term counseling and
assessment and referral services to an employee or an employee's immediate family members.
Drug and alcohol testing for employees will be performed in accordance with City policy and as
required to meet Department of Transportation requirements.
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Personnel Policy Manual Revised Date: 08/01/03
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07. Americans with Disabilities Act (ADA)
The City of Boynton Beach as an employer has a responsibility to ensure that all applicants and
employees are treated fairly in all aspects of employment. ~[t is the policy of The City of Boynton
Beach to provide a workplace free from unlawful discrimination in which all applicants and
employees have equal opportunity in all areas of employment. To this end, it is the policy of the
City to fully comply with the Americans with Disabilities Act (ADA).
08. Effective Date of Policies
The original effective date of the PPM is March 30, 1998, as amended.
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EMPLOYMENT
01. Types of Employees
City employees are divided into two groups: contract employees and non-contract employees.
1. Contract employees means either individuals hired by direct, Letter of Appointment, or
individuals who are covered by a collective bargaining agreement.
Senior management positions shall be hired by the City IVlanager by Letters of
Appointment. Salary, benefits and other terms and conditions of employment shall be
negotiated on an individual basis. The Letter of Appointment shall specify which provisions
of the PPM apply to the employee.
2. Non-contract employees means employees who are not otherwise designated as
contract employees.
02. Recruitment and Selection
In order for the City to be operationally competitive with other governmental entities as well as
the private sector, the recruitment and retention of qualified employees is of paramount
importance. To achieve maximum efficiency the City must have the flexibility to fill vacancies
through either promotion or outside hiring. Vacant positions shall be filled in the best interests of
the City through recruitment, selection, and promotion of employees on the basis of their
qualifications and relative knowledge, abilities, and skills.
Basic Requirements
1. Human Resources is responsible for the nondiscriminatory implementation of this policy.
2. Each department is responsible for assisting the Human Resources Department with
recruitment, interviews, tentative selections, and recommendations for appointment.
Departments have no authority to modify or waive the provisions of the PPH.
3. Human Resources has primary 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 prior to obtaining all necessary authorizations shall not be binding on the City.
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Procedures
ApPlications and Znterviews
1. Once Human Resources has offcially announced a job vacancy through the posting of
an Employment Opportunity notice, the offcial recruitment process has begun. The
recruitment process may be withdrawn for any position by the Director of Human
Resources.
2. ~ndividuals desiring consideration for employment must submit an Application for
Employment, or a resume to Human Resources. Employees are encouraged to submit
applications for promotional opPortunities. All applicants submitting a resume and
granted further consideration shall complete an Application for Employment. Veterans
preference will be given in compliance with current legislation.
Applications must be signed 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, withdrawal of an offer of employment, or dismissal of the
employee.
All applications and resumes received by departments must be forwarded to Human
Resources.
Applications for employment may be accepted by the Human Resources Department
when there are current vacancies for a specified position.
When a vacancy occurs, previously submitted applications and resumes on file in
Human Resources may be considered in addition to al/new applications and resumes
received until the established closing date or until the vacancy is filled.
Certain classifications may require applicable testing prior to being given consideration.
Human Resources will administer tests required and ensure that passing scores are
attained prior to forwarding an application to a department for consideration.
Human Resources shall advise the appropriate Department Head of the eligible
applications.
Upon receipt of the eligible applications, the department should:
a. Review and evaluate all applications and resumes based on, but not limited
to relative qualifications, knowledge, abilities, skills, education, experience,
and certifications or licenses required in accordance with current class
specifications.
b. Prepare an interview schedule and conduct interviews. Human Resources
may assist in scheduling, contacting, or co-interviewing of applicants at the
request of the department.
c. Determine which candidate is most suitable for further consideration and
proceed with additional interviews, if necessary.
d. Determine that the applicant pool was sufficient prior to recommendation for
employment.
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B. Selection, Reference Checks and the Recommendation Process
1. Once the interview process has determined suitable applicants, the department shall
be responsible for checking references. No inquiry regarding criminal records, credit
history or medical conditions shall be made at this step of the evaluation.
2. Human Resources may also conduct verifications regarding academic degrees,
previous employers, character references. All information provided on the Application
for Employment will be subject to verification as needed.
3. Once the results of reference checks and other verifications appear satisfactory, the
department will be notified in order that processing may continue.
4. The department may then recommend an applicant for employment and submit the
proper forms to Human Resources for processing. If the Department Director proposes
a salary that exceeds the minimum of the position's pay range, written justification
must be included for consideration of the salary.
5. Upon receipt of a recommendation for employment and in conjunction with a tentative
offer of employment, a pre-employment physical, which may include a drug test, for
the applicant is then scheduled. Medical examinations must be satisfactorily passed to
determine fitness to perform the duties of the position. At this step of the hiring
process, Human Resource, with the assistance of the Florida Department of Law
Enforcement (FDLE) shall check the prospective employee for a criminal record and
may obtain, following the requirements of the Fair Credit Reporting Act, the
prospective employee's credit.
6. After acceptance of an applicant's physical examination and drug test results, criminal
background check and credit check, if required, the Human Resources Director may
authorize proceeding with the hiring process.
7. Tt is the City's intent to employ the most qualified applicant best suited for the
position. Current employment with the City is a factor, but is not, in and of itself,
determinative or controlling.
C. Employment Acceptance
1. Employment acceptance must be made by the applicant within three (3) workdays of
the department's employment offer, unless otherwise extended by Human Resources.
Tf employment acceptance is declined, the department may consider another applicant
from the recruitment's applicant pool, or the department may choose to begin a new
recruitment. Employment Procedures shall be followed in either case.
2. The department must notify Human Resources of the tentative hire date. New
employees must provide proof of work eligibility and verification of identity to the
City. Human Resources will forward the necessary employee paperwork to the
Finance Department for payroll purposes.
D. Orientation
Human Resources shall schedule and conduct a general orientation program for all new
employees to explain the City's history and organization, to complete benefit program
enrollments, and to stress the use of safe work practices.
City of Boynton Beach 12 Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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03. Employment of Relatives
An employment decision that results in the hiring of a relative of another City employee must be
in compliance with the Florida state law on nepotism. This policy is intended to eliminate hiring
practices that result in conflicts of interest, favoritism or the appearance of impropriety.
Ao
No person may be hired into the same department in which he/she has an "immediate
family" member working if one supervises or evaluates the other.
No person may be transferred into a department in which he/she has an "immediate
family" member working, if one supervises or evaluates the other. Provisions of this Policy
will not affect persons employed and assigned at the time this Policy goes into effect.
Persons becoming husband and wife while working within the same department may not
both continue their employment in the same department, if one supervises or evaluates
the other.
D. The provisions of Florida Statute 112.3135, regarding nepotism shall control over any
provision of this Policy.
04. Hours of Work
Hours of work will be determined by Department Heads, subject to the approval of the City
Manager and shall:
A. be determined in accordance with the needs of the City, and
B. take into account the reasonable needs of the public who may be required to do business
with various City departments.
05. Personnel Information / Employee Files
The official personnel file of each employee is maintained in Human Resources.
All documents in the file, with certain exceptions, are subject to the Florida Public Records Law
that requires information in the file be made available for review upon request.
Documents/information exempted by this Law (with some exceptions, such as a Court Order) are:
· Social Security Number
· Medical information
· Benefit :Information
· Home Address and telephone number of sworn Police and Fire employees, inspectors,
other employees designated in F.S. 119.07 and Human Resources employees.
Spouse's work and children's school addresses and telephone numbers of these
employees
Employees must notify Human Resources in writing, within twenty (20) days, whenever they have
a change of address or telephone number, or a change in the name, address or telephone
number for their emergency contact.
City of Boynton Beach 13
Personnel Policy Manual
Effective Date: 03/01/98
Revised Date: 08/01/03
~ 06. Probationary Period
3 ]:n order to determine that each employee is placed in a position most likely to result in a
4 successful career at the City, all newly hired or promoted employees shall be required to
~ complete a probationary period.
~ New Hire (Full-time):
9 Each new full-time employee must successfully complete a probationary period of twelve
t~) months from the date of hire.
t ~ Promotion from Part-Time to Full-Time:
14 Each promoted employee must successfully complete a probationary period of twelve months
t~ from the date of promotion.
17 Upon successful completion of the probationary period, the probationary employee will be
t~ considered a regular employee.
~) Promotion to a Higher Graded Position:
22 Each promoted employee must successfully complete a probationary period of six months from
23 the date of promotion. ~Vote. Applicants for promotion must have been in their current position
~ for a minimum of six months and have a Meets Standards or higher performance rating.
~ Transfer to a different position, whether in the same or a lower grade:
28 Each transferred employee must successfully complete a probationary period of six months
29 from the date of transfer. Probationary employees, whether in their first year as an employee or
30 in their six-month promotional probationary period have no property entitlement to their
31 position.
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City of Boynton Beach 14 Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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III. COMPENSATION
01. Overtime
Overtime pay for non-exempt employees may be given only for authorized or directed time
worked in excess of 40 hours. Some sworn positions in the Police and Fire Departments may
differ. Overtime will not be granted for less than a fifteen (15) minute period. In calculating
overtime, only actual hours worked shall be counted.
Provisions of the Fair Labor Standards Act shall be applied to resolve all overtime issues.
02. Callback and On Call
Callback
Callback is an unscheduled or emergency return to work outside of officially scheduled work hours
or on a holiday or day off at the request of a Department Head. This is not overtime or holiday
work scheduled in advance and regularly recurring call to duty.
Any employee who has physically left work (punched out, etc.) and is called back to work by
his/her Department Head or the Department Head's designated representative for an u_nsched, deal
or Crn_¢r~¢ncy assignment, shall be compensated for two (2) hours of call back pay, plus the time
worked in excess of the first fifteen (15) minutes.
On Call
To provide for after-hour service needs, some operations within the City may designate non-
exempt employees to be on-call.
Restricted on-call: time spent on or away from City premises under conditions which prevent
the employee from using the time for personal activities. All such time in readiness is
considered time worked.
Unrestricted on-call: all time after regularly scheduled working hours when an employee is
designated to be available for call-back. The employee is free to pursue personal activities but
must respond to pager or cellular phone contact within designated guidelines set by the
department head. This is not considered time worked. If called back, however, call-back
compensation will be paid.
03. Compensatory Time
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An employee eligible for overtime 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 Department Head's approval
or direction, in accordance with the Fair Labor Standards Act.
The choice of whether to grant overtime pay or compensatory time rests solely with management
and depends on the most efficient and economical delivery of services.
City of Boynton Beach 15 Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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04. Demotions / Transfers
Demotions
Transfer of an employee from a higher graded position to a lower graded position may be
initiated by the employee or by the City as part of a departmental restructuring or realignment of
responsibilities for failing to meet standards of performance.
Transfer
Employees transferring from one position to another in the same pay grade, whether in the same
for in a different department will maintain the same pay rate.
05. Incentive Pay System
The City of Boynton Beach has established the Incentive Pay System to motivate and reward
employees according to their job performance and contributions toward the accomplishment of
major objectives. The purpose of the system is to promote continuous improvement and quality
performance through individual and cooperative effort, assist in career development and
advancement, identify individual training needs, determine suitability for assignment, effectiveness
in the assigned position and ability for absorbing more responsibility. All employees should be
continually working towards the mission, goals, and objectives of the City.
Incentive pay and bonuses may not be included in the employee's base pay and may not be
carried forward in subsequent years. See F.S. 166.021(7).
Eligibility
Regular budgeted employees, both full-time and part-time, who have successfully passed their
probationary period are eligible for this program.
06. Bonus Awards
In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of
$500.00 when such a bonus is justified, in writing, by the Department Head. This bonus will not
affect the employees pay grade or pay rate. Funds for the bonus will be budgeted as a separate
allowance and administered under the direct control of the City Manager. Employees are not
automatically entitled to bonus money and only one bonus will be allowed to an employee in a
fiscal year. This approach is a system where the immediate supervisor and Department Head can
recognize top performance and reward the employee promptly.
Incentive pay and bonuses may not be included in the employee's base pay and may not be
carried forward in subsequent years. See F.S. 166.021(7).
City of Boynton Beach 16 Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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07. City Manager Tncentive Program
All submittals for incentives must be done as part of a team and the submittal must be approved
by the team's supervisor. The pool for funding this program will be limited to $15,000.00 per fiscal
year and the amount of any single program will be limited to $1,000.00. Employees are
encouraged to be as creative as possible, while at the same time keeping the effort simple.
Incentive payments will be considered for the following type of activities (although they are not
limited to just these type of activities):
· Customer service improvements.
· Cost efficiencies (savings).
· Improvements in operations.
· Productivity enhancements.
· Expanding hours of operations.
· Doing work in-house rather than engaging a consultant.
Incentive applications will be accepted by the City Manager's office, commencing September 30~
of each year, for award at the last City Commission meeting in December.
Incentive pay and bonuses may not be included in the employee's base pay and may not be
carried forward in subsequent years. See F.S. 166.021(7).
City of Boynton Beach 17 Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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IV. BENEFITS
01. Legal Holidays
Unless required to be on regular duty, Legal Holidays to be observed by the City's employees are
New Year's Day, Martin Luther King, 3r. Day, Presidents' Day, Memorial Day, [ndependence Day,
Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and
Christmas Day and other days as specifically designated from time-to-time by the City
Commission.
The City Manager and City Commission reserve the right to declare these and any other holidays
on a date designated by them. The declared date does not necessarily have to be on the
traditional holiday, but on a date that meets the best interest of the City.
Full-time employees shall be compensated for legal holidays. Hourly rate employees must work
their regular workdays immediately before the 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. Part-
time, temporary, and emergency appointed employees are not eligible for holidays with pay.
02. Vacation Leave
Each full time employee shall 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 year 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. A regu ar employee
shall, upon termination of employment with the City, be paid for unused accumulated vacation
leave. Employees on their initial one-year probation are not eligible to take vacation for the first
six months of employment. Employees who end their employment with the City within the first six
(6) months of employment, are not eligible to be paid for any accrued vacation time.
V~CAT[ON ACCRUAL POLICY
(Based on 40 hour work week)
Years of Service Vacation Hours
! Year
2 but less than 5
5 years but less than 10
:tO years but less than 20
20 years and after
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120
136
160
Employees may accrue vacation leave to a maximum of the leave earned in the most recent
two employment years. Vacation leave accrued during October 1 - September 30 may exceed
this stated policy, however, any amount over the allowable maximum that has not been used
during that October 1 - September 30 will be forfeited as of September 30 of that fiscal year.
Employees who were covered by the vacation accrual and sick leave payout policies in effect
prior to 1991 will continue to be covered by those schedules.
City of Boynton Beach 1 8 Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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03. Sick Leave with Pay
Sick leave with pay shall be granted to regularly employed full time employees, including
employees serving a probationary period on an original appointment, at the rate of one workday
for each completed month of service (96 hours/year). Such leave shall be computed on an
employment year basis. Sick leave pay will be paid at the same 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'. The following hours per year may be
taken for the illness of an immediate family member(spouse, child, parent):
· Up to 40 hours per year may be taken for regular 40 hour weekly employees
· Up to 72 hours over year for Fire shift employees
· Up to 57.5 hours for regular Police 11.5 hour shift employees
In the case of a prolonged, catastrophic illness within the family, an employee may take additional
family sick time only if approved by the Department Head, the Human Resources Director and the
City Manager and a doctor's letter must be submitted, ff the reason for the leave is covered by
the Family and Medical Leave Act policy, family sick leave my be extended, but not to exceed
twelve weeks in a rolling twelve month period. See PPM fV.07. 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. Notify his/her immediate supervisor at least one (1) hour before the beginning of the
scheduled workday of the reason for his/her absence.
B. For medical examination, treatment or evaluation of non-elective, necessary medical
procedures.
File a written request for sick leave on the form and in the manner to be prescribed.
For absences of more than three (3) consecutive workdays, sick leave must be
documented by a doctor's certificate explaining the absence and/or unfitness for duty. fn
the case of extended absences, four days or more, it is the duty of the employee to
contact their Supervisor or Department Manager on a weekly basis until they are cleared
for return to work. The City reserves the right to require an interim doctor's
certificate/report during the employee's extended absence.
zf 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.
No sick leave will accrue for any week in which the employee is not in a paid status for 24
or more hours.
G. In computing sick leave taken, all employees shall be charged one-hour sick leave for each
hour not worked because of illness.
City of Boynton Beach 19 Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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Regular employees that have exhausted their accumulated sick leave and are still unable
to return to work may draw against their annual leave account. Requests must be made to
the Department Head by the employee, who in turn must notify the Human Resources
Director on the prescribed form.
Claiming sick leave when physically fit shall be cause for discharge.
All regular employees (or their 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. (Retirement shall include normal retirement, disability retirement or early
retirement as defined in the appropriate Pension Plan.)
Continuous Years of Service Percent of Accumulated Sick Leave
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 City
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Employees may return to work with a Light Duty Certificate and/or letter from their
physician provided there is work available within the City that would comply with the
doctor's requirements, l~f there is no such work available the employee will remain on sick
leave or workers' compensation status until receiving a full release to return to work from
his/her doctor.
04. Bonus Days
This policy establishes a wellness program designed to minimize time lost on the job and to help
reduce the City's overall health insurance expenses. The City recognizes that employees
occasionally suffer from injuries or illness necessitating the use of paid sick leave time off.
However, this program provides incentive to reward those employees who use sick time
responsibly.
A. All full time City employees covered by this policy are eligible to receive one bonus day for
continuous attendance at work at the completion of each calendar quarter that the
employee has not used sick time (including family sick) during the previous quarter, nor
has been absent from work or on leave other than those paid leave categories recognized
in this document.
B. Bonus days shall be counted as vacation leave and subject to the provision set forth for
use of vacation.
City of Boynton Beach 20 Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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05. Leave With Pay
.Jury Duty/Witness Fees:
All pay granted under this section must be approved by the Department Director. Leave
with pay may be authorized in order that regular 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
City, provided that such leave is reported in advance to the Department Director. In order
for the employee to receive their regular pay for such leave the employee must deposit
the money which he/she receives for jury duty or as a witness with the City Finance
Department for those days that coincide with his/her regular work schedule, unless
otherwise provided by law. Employees can keep only travel expense monies. Employees
subpoenaed as witnesses in cases unrelated to City business may take vacation leave in
order to receive pay.
Military Leave:
Reserve Training: All employees in the City service who are members of military reserve
units and who must attend annual training sessions are entitled, pursuant to Florida
Statute 115.07-to seventeen (17) calendar days with pay each year in order that these
employees may fulfill their military obligations. Fire department shift personnel will be
granted a maximum of nine (9) shift days.
Active Duty: All employees who are reservists and are ordered to active military duty shall
continue to receive full City pay for the first thirty (30) days of active duty and thereafter
shall receive supplemental pay from the City, in an amount necessary to bring their total
compensation, inclusive of their base military pay, to the level earned at the time they
were called to active military duty.
The City will continue to pay the eligible employee's portion of health, dental and life
insurance premiums and the City's pension contribution. :If an employee has dependent
insurance coverage, the Finance Department will consider this in determining the
amount of supplemental pay so that the dependent insurance premiums can be paid
prior to the supplemental check calculation. The employee's pension contribution will
also be made prior to the supplemental check calculation. ~[f the supplemental pay is
not sufficient to pay the dependent coverage, the employee will be responsible for
sending the City a check to cover the dependent premium. The employee will also be
responsible for making arrangements for any other benefit premium or other deduction.
Continued Service: Unless the person provides the City with written notice that they do
not plan to return to employment with the City, no break in service will occur during the
period of active duty and the employee with continue to accrue service for purposes of
seniority and pension eligibility
Disability:
Employees who are in a disability status will have their positions held for a maximum of six
months from the date of injury or illness. If the employee cannot return at the end of the
six months, they will be placed on a re-employment list for a maximum of two years. If
they are able to return to work after they have been placed on a re-employment list, they
may apply for a comparable position subject to availability, for which the employee meets
the qualifications.
City of Boynton Beach 21 Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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Workers' Compensation:
Whenever an employee is totally disabled from duty for a period of no more than seven
(7) calendar days because of an injury determined to be compensated under the
provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay.
the period 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 City Manager, Department Head, and
Human Resources Director will review the case for a determination of pay status.
continuation of the salary supplement is granted it can be at any rate determined
equitable by the reviewing committee, but not to exceed an amount equal to the net take
home pay. :In no case will the salary supplement be greater than six (6) months withio an
18-month period commencing with the date of injury or illness.
After six (6) months of supplemental pay within an 18 month period, the injured employee
may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance
with his/her regular hourly wage, to the extent that his/her combined sick leave or
vacation leave, City supplement (if less than the full amount authorized) and workers'
compensation benefits equal his/her regular weekly net take home salary. The employee
must contact the payroll clerk to quality for the combined check.
It is incumbent on the employee to make application for disability in accordance with the
pension plan they are members of, or the insurance plan they are covered under. Failure
to do this automatically cancels the additional City benefits.
If the appropriate disability plan denies the claim, the additional City salary supplement
benefit will be canceled. If the appropriate disability plan accepts the claim, the salary
supplement will be canceled after issuance of the disability pension check or at the end of
the time duration outlined above, which ever comes first.
:If an employee who is receiving Worker's Compensation payment along with City
supplement, sick or vacation leave, is found to be working or receiving compensation for
his/her services elsewhere during this period, he/she will be required to reimburse the City
for all medical expenses and supplement sick or vacation pay taken and be subject to
dismissal.
Compassionate Leave:
In the event of the death of the mother, father, child, foster parent, foster child, brother,
sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild,
mother-in-law, or father-in-law of a regular employee, the employee shall be entitled to
paid compassionate leave not to exceed three (3) consecutive workdays 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 workdays shall be allowed. Employees
must submit proof of death in order to be eligible for this article. The City Manager may
grant additional leave under this section when he/she deems it appropriate.
City of Boynton Beach 22 Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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Management Authorized Leave:
With the approval of the City Manager, a department head may grant an employee
authorized leave with pay where that employee is going to represent the City while
attending an event, meeting or seminar. Attendance at the event, meeting or seminar
shall be determined to be an activity that serves the best interest of the City.
Authorized Training Leave:
Any employee may be accorded leave with pay to attend an authorized program, provided
that such training will considerably improve the employee's job knowledge and
substantially increase his/her efficiency. (Reference: V. PROFESSIONAL DEVELOPMENT,
0:1. In-Service Training)
Leave is requested by the employee's department head and approved by the City
Manager. When leave is granted, the Human Resources Director shall be promptly
notified of the reason for the leave, the course work to be completed, and the
probable date of the employee's return to duty.
Leave shall be for time required to complete the course. In no event shall any
leave be approved or granted under this rule except where there are adequate,
unencumbered funds available in the departmental budget which are sufficient to
cover the cost of such training.
06. Leave Without Pay
A regular employee may be granted leave of absence without pay for a period not to exceed six
months for sickness, disability or other good and sufficient reasons that are considered to be in
the best interest of the City. Requests must be in writing. A leave of absence without pay of up to
30 calendar days can be approved by the employee's Department Head and the Human
Resources Director. A leave of absence in excess of 30 calendar days must be approved by_the
City Manager. Employees that are on approved leave of absence without pay will be responsible
for paying all their benefit premiums, e.g., insurance, etc.
Leave of absence without pay will not be granted in order to accept employment with another
employer. Tf granted, leave of absence without pay may subsequently be withdrawn and the
employee recalled to service. All employees on leave of absence without pay are subject to
applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or
seniority during a leave of absence without pay exceeding 30 days
City of Boynton Beach 23 Effective Date: 03/01/98
Personnel Policy Manual Revised Date: 08/01/03
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07. Family and Medical Leave Act
Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993).
A, Entitlement
Employees of the City, including key employees except where expressly excluded, who have
worked for the City for at least :[2 months and have worked at least :[250 hours during that time
may be entitled to a total of :[2 weeks of unpaid medical leave during any :[2 month period,
commencing from the first date of the leave period, when leave is taken for one or more of the
following:
· Birth of a child of an employee and to care for the child:
· The placement of a child with an employee for adoption or foster care. (Foster care
requires state action.)
· To care for the spouse, child or parent of an employee, but not a parent "in-law", if the
family member has a serious condition; or
· The employee is unable to perform the functions of the position, because of the
employee's own serious health condition.
The employee's entitlement to leave for birth, adoption or foster care. expires at the end of the
12-month period beginning on the date of the birth or placement.
Employees granted FMLA leave are required to use all accrued paid leave and sick time while on
FMLA leave. Employees are entitled to use vacation time during an FMLA leave for days not
covered by accrued leave or sick time.
B, Continuation of Benefits
The City shall continue group health plan coverage for employees on FMLA leave for the duration
of the eligible employee's leave. Coverage shall be provided on the same level and under the
same conditions that coverage would have been provided if no leave ad been taken. An employee
on FMLA leave without pay shall pay any dependent coverage and other premiums normally paid.
Such payment is due in Human Resources by the 25th of each month. :In the event that an
employee fails to return to work after the period of leave expires, the City may recover any
premiums the City paid for coverage during the leave period. Such recovery can be taken from
any benefits or wages owned by the city to the employee.
Should the employee fail to return due to the following circumstances the City will not attempt to
recover such premiums:
· Continuation, reoccurrence or onset of an employee's own serious health condition or that
of a family member.
· Due to circumstances beyond the control of the employee.
The employee is required to provide the personnel department with written certification, from the
employee's or family member's health care provider, substantiating :[ and/or 2 above. Failure to
return within 30 calendar days of the agreed upon date and provide the above certification may
result in termination and the City may recover premiums paid.
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C. Definitions
KF'Y I=MPl OYFE$: Salaried employees who are among the highest paid 10% of all employees.
FAMT~ y MEMRER: Includes spouse, parents, son and daughter. The term spouse means current
husband or wife as recognized under state law for purpose of marriage. The term parent means
the biological parent or individual who stands or stood in Ioco parentis (in the place of a parent)
to an employees when the employee was a child. This term does not include parent "in law". The
term son or daughter means biological, adopted or foster child, stepchild, legal ward, or a child of
a person standing in Ioco parentis, who either under age 18, or age 18 or older and incapable of
self care because of a mental or physical disability.
SP--QUSES: employed by the City are jointly entitled to a combined total of 12 weeks of family
leave for the birth, adoption or foster care of a child or the care of a child or parent who has a
serious health condition.
A_ ~_FRTOI/_C; HI:Al TH CONIC_l-I-ION: is an illness, injury, impairment, physical or mental condition
that involves:
· Incapacity or treatment connected with inpatient care at a hospital, hospice or residential
medical care facility involving an overnight stay.
· Tn capacity requiring the absence of three calendar days from work that involves
continuing treatment or supervision of a health care provider.
· Continuing treatment by a health care provider for a chronic long term health condition
that if not treated would likely result in a period of incapacity of more than 3 calendar
days.
D. Requirements
An employee requesting FMLA leave shall explain, in writing, to Human Resources the reasons for
the need for such leave. The employee shall give, when foreseeable, 30 days advance notice of
the need for FMLA leave. The City may request as much substantiating documentation from the
employee as it feels necessary to make a determination as to whether the reason for the request
qualifies under the act. The Human Resources Director and the Department Director, after careful
review, shall forward a recommendation to the City Manager.
WHFN I FAVF TS REQI IF_C;-rl:_r') the employee must provide, in writing, a medical certification
stating the condition and the need for leave from the employee's or family member's health care
provider within ten (:[0) days of the written request for leave. A CERTIE[CATE OF PHYSIC~.N OR
PRACTITIONER FORM WH-380 shall be required from a qualified health care provider for any
medical reason cited by the employee. The City may not request additional information from such
provider but may require the employee to obtain, at the City's expense, a second opinion. The
City shall designate the health care provider to furnish such second opinion, if the t~vo opinions
conflict, the City may require the employee, at the city's expense, to obtain certification from a
mutually agreed upon third health care provider who's opinion will be final. This certification will
be treated as a confidential medical record and the information will be disclosed only as required
by law.
TNTERM]-r-I'FNT OR I~FI'~I iCl:r-) SC'_ HFI~I II F'_ II:AVE: When medically necessary, intermittent or
reduced schedule leave may be taken due to an employee's own serious health condition or that
of a family member. Intermittent or reduced schedule leave is not available for the birth or
placement of a child.
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Employees seeking intermittent or reduced schedule leave based on planned medical treatment
are required to produce certification outlining the dates on which treatment is expected and the
duration of the treatment. Employees are expected to make a reasonable effort, subject to the
health care provider's approval, to schedule treatment so as to not unduly disrupt the City's
operations. Employees are required to give the City, through the personnel department thirty (30)
days notice or as much notice as is practicable of their intentions.
In the event an employee requests intermittent or reduced scheduled leave due to a family
member's or the employee's own serious health condition, the City may elect to temporarily
transfer the employee to an available alternative position, with equivalent pay and benefits for
which the employee is qualified and which better accommodates the City's needs and that of the
employee.
E, Notice
NOT?C'F FI~OM FI TC, TRI F/~NI'~ K_Fy _FMPLQYFF~: A minimum of thirty (30) days advance notice of
an employee's intent to take leave is required when it is foreseeable due to:
· The expected birth of a child.
· The expected placement of a child for adoption or foster care.
· Planned medical treatment for child, spouse or parent with a serious health condition.
· Planned medical treatment in the case of the employee's own serious health condition.
If leave has to begin in less than thirty (30) days as a result of one of the above referenced
circumstances, the employee must provide the City, through Human Resources, with as mush
advance notice as is practicable. Notice must be provided in writing to Human Resources. In the
event notice is NOT given in these circumstances, the employee will be considered to have taken
"unauthorized leave" and will be subject to appropriate disciplinary action.
NO_'CfC_F FDOM TllE C__I-I-Y TO K_FY FMpl OYFES: The City shall notify a key employee before leave
is taken if economic injury is foreseen at the time.
~FCFr~.TrFTC~O_~.: An employee who has taken leave because of the employee's own serious
health condition or that of a family members is required by the City to obtain subsequent written
re-certification of that medical conditions every five (5) weeks during the duration of the
condition. In addition, employees on FMLA leave are required to report every 2 weeks, in writing
on their status and the intention of the employee to return to work. Failure to report as stated
above may subject the employee to disciplinary action for unexcused absence.
RFTN-qT~-TFMFNT: Eligible employees other than key employees, who comply with all provisions
of this policy and who return from FMLA leave will be returned to the job position held prior to the
leave, or may be placed, at the discretion of the City, in an equivalent position with equivalent
benefits.
THF C_ _T'ry MAY _r3FNY
1. Denial is necessary to prevent "substantial and grievous economic injury" to the employer;
2. The City noLifies employee of its intent to deny restoration on that basis at the time the City
determines that such injury would occur and afl:er being notified, the employee elects not to
return. The City shall not deny the employee the opportunity to take leave (i.e., must notify
the employee afl:er the leave is requested but before the leave is taken, if economic injury is
foreseen at that time) and, if the employee already is on leave when the notice is given, the
city shall give the employee an opportunity to return to work.
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2 While on leave eligible employees will retain all accrued benefits. An employee will not accrue any
3 additional benefits during FMLA leave (vacation, longevity, seniority, sick, etc.). Reinstated
4 employees are not entitled to any right, benefit or position of employment other than any to
~ which they would have been entitled had they not taken the leave.
7 Prior to reinstatement an employee whose leave was based on the employee's own serious health
8 condition is required to provide, in writing, to the personnel department a certification from the
9 employee's health care provider that the employee is able to return to work.
10
t~ 08. Longevity Benefits
13 The City provides benefit incentives to long-term employees, to give recognition for continuous
and meritorious service. Longevity benefits are available within these guidelines.
Eligibility
Employees eligible are those employees who: A. Have been employed with the City on a regular full-time and continuous basis for a
minimum of five (5) years,
B. Have an overall 'Meets Standards' or above rating on the previous employee evaluation,
Benefit
Employees will receive a Lump Sum Bonus as follows:
On the
On the
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employees fifth (5~) anniversary a lump sum payment of $500.00.
employees tenth (10th) anniversary a lump sum payment of $1,000.00.
employees fifteenth (15~) anniversary a lump sum payment of $1,500.00.
employees twentieth (20th) anniversary a lump sum payment of $2,000.00.
employees twenty-fifth (25~) anniversaw a lump sum payment of $2,500.
employees thirtieth (30U~) anniversary a lump sum payment of $3,000.
employees thirty-fifth (35~) anniversary a lump sum payment of $3,500.
employees fortieth (40th) anniversary a lump sum payment of $4,000.
Procedures
1. Any pay earned for Longevity Benefits is subject to pension plan contribution and required
federal deductions.
Each Department Director is responsible for projecting the number of employees eligible
for Longevity Benefits in their department and budget accordingly for each fiscal year.
Benefits shall not be paid beyond termination payouts. Employees who terminate from
City employment prior to their hire anniversary date will not be entitled to longevity
benefits.
DROP Plan Participants
Participants in any of the Deferred Retirement Option Plans (DROP) are considered to have
retired, do not add to the total years of service they had accrued upon entering the DROP plan,
and are not eligible for a longevity bonus.
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09. Retirement Benefit
Procedures for retirement and the benefits available to employees in conjunction with retirement
are as set forth in the pension plan applicable at the time of retirement.
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V. PROFESSZONAL DEVELOPMENT
01. In-Service Training
Any employee may be accorded leave with pay to attend an authorized program, provided that
such training will considerably improve the employee's job knowledge and substantially increase
his/her efficiency. (Reference: :IV. Benefits, 05. Leave With Pay, G. Authorize Training Leave)
1. :In the event the course is not successfully completed, employees granted leave under this
rule shall reimburse the City for one-half the cost of such training course.
2. :If the employee leaves the City service within one (1) full year after completion of such
training, he/she shall reimburse the City for the total cost of such training course if the
City Manager requires.
02. Tuition Assistance
Full time employees who have completed their one-year probation and who are not-union
members are eligible to apply for tuition reimbursement. Part-time and temporary employees are
not eligible to receive tuition assistance. Employees must maintain a minimum rating of "meets
requirements" or comparable rating in overall performance reviews in order to remain eligible for
tuition assistance.
Bargaining Unit contract articles covering tuition reimbursement may or may not have the same
benefits as this policy.
Employees may receive full details of the program and apply for reimbursement through the
Organizational and Strategic_Development Department.
Employees who voluntarily leave their employment with the City or are terminated "for cause" will
be required to reimburse the City 100% of the tuition assistance received during the 12-month
period prior to their termination date, and 50% of the tuition assistance received during the 24
month period prior to their termination date.
03. Employee Technical Certification
Employees may apply to attend training classes in a program leading to a technical certification by
completing the appropriate application form and by obtaining the approval of their supervisor and
department director. Acceptable programs must relate to the department's goals and objectives.
Approval will be subject to Department Director discretion and funding availability.
Application to attend classes, workshops or seminars leading to a technical certification must be
submitted at least 60 days before the start of the program.
Employees may take classes at an accredited college, university, approved training center,
seminar, conference, vocational school, and/or approved on-line course or through an approved
distance learning institution.
Employees who voluntarily leave their employment or are terminated for cause will be required
to reimburse the City for tuition paid in the preceding 24 months at 100% for the most recent
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Personnel Policy Manual Revised Date: 08/01/03
1 12 months and 50% of tuition paid in the second 12 months for any classes resulting in a
2 technical or vocational certification. If not reimbursed by the employee, funds will be deducted
from any final payout due the employee at time of termination.
5 Specific requirements regarding expenses, forms, written reports, testing and time limits are
detailed in Administrative Policy 04.01.04.
8 This policy applies to employees who are not members of a collective bargaining unit who
9 acquire technical certification in any area that exceeds the sum of $500.00 tuition cost per year.
10 Employees who are bound by a union contract will follow the provisions laid out in their
11 contract.
12
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VI. DISCIPLINE
01. Disciplinary Actions
The City of Boynton Beach is committed to recruit, train, and retain, qualified employees who will
contribute to the City's mission.
The success of City government in providing quality and efficient public services directly correlates
with appropriate employee conduct and performance. Employee behavior that is positive and
supportive of the goals of effective municipal management is fully encouraged.
When an employee's conduct or performance is inconsistent with the needs and goals of the City,
disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested
when circumstances support its use. Tn proper cases, dismissal may immediately occur.
No employee shall be disciplined or discharged without reasonable cause.
:1.. 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 City and its services. However, in certain circumstances,
punitive discipline actions will be necessary. There is no "fixed formula" for discipline,
management reserves the right and prerogative to make disciplinary decisions based on
repeated occurrences of varying incidents, past performance, or severity of the incident.
2. Although progressive disciplinary actions are encouraged when circumstances support such
use, the severity of misconduct and the circumstances shall determine the nature of the
discipline.
3. The level of misconduct may differ in individual cases from apparently similar incidents. The
City retains the right to treat each occurrence on an individual basis without creating a
precedent for situations that 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 City, but are to be used as a
guide.
4. The failure of immediate supervisors to document and/or take disciplinary actions for
misconduct, or the failure to forward the completed disciplinary documents to Human
Resources, shall serve as grounds for disciplinary action.
Examples of Misconduct
The following represents employee noncompliance with rules, regulations, policies, practices or
procedures of the City or are prohibited by law. Each incident shall be considered on a case-by-
case basis.
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Misconduct
Infractions for Misconduct require corrective action. The discipline for Misconduct infractions is
normally:
l" Infraction - Written Counseling
2"d Infraction - Written Reprimand
3"~ Infraction - Written Reprimand and Suspension Without Pay
4th Infraction - Dismissal
Examples of Misconduct include, but are not limited to:
· Conduct unbecoming of a City employee
· Abuse of sick leave privileges, sick leave policy or excessive absenteeism
· Failure to notify Department and/or Human Resources of current address and telephone
number within ten (10) calendar days of change
· Failure to report any outside employment
· Poor quality of work
· Failure to provide name and official title to any person requesting same when performing
work related duties
· Abuse of personal privileges, including the extension of lunch or break periods
· Abuse of attendance policy, including late for work without reason or not calling in as
required, one (1) hour prior to an absence
· Smoking in prohibited areas
· Unauthorized solicitation, posting of material, or non-productive behavior
· Loitering
· Inattention to job duties
All types of Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a
Misconduct infraction has occurred, any subsequent Misconduct infraction will result in the next
level of disciplinary action.
Misconduct 1~t and 2nd infractions will expire, with regard to the progressive nature of this policy,
12 months from the date of issue, but will remain in the employee's file. Once an employee has
r rd · .
p ogressed to a 3 M~sconduct ~nfraction - Suspension Without Pay, another Misconduct infraction
within 12 months of the date of issue for the 3rd infraction will normally result in dismissal.
Tf serious misconduct or extreme misconduct has occurred previously, there will be faster
progressive action.
Performance ~[mprovement Plan
Employees who receive a Written Reprimand with a Suspension and employees who receive a
performance evaluation rating that falls below a "Meets Expectations" (rating of less than 2) shall
be placed on a Performance ~mprovement Plan. The purpose of Performance :Improvement Plan
is to monitor employee performance, with an evaluation of performance being made every 30
days. The employee must demonstrate immediate and sustained improvement in their
performance throughout the 90-day evaluation period or face dismissal. It is the responsibility
of each employee to perform at a minimum level of "Meets Standards".
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Serious Misconduct
Infractions for Serious Misconduct are serious in nature, but the first infraction, by itself, may
not be grounds for termination. The discipline for Serious Misconduct is normally:
1,t Infraction - Written Reprimand and Suspension Without Pay
2nd Infraction - Dismissal
Examples of Serious Misconduct include, but are not limited to:
· Disregard of safe work procedures
· Inappropriate use of City resources, time or equipment
· Inappropriate or disorderly conduct
Making offensive remarks; use of abusive, profane or sexually graphic language
Failure to work required overtime assignments, special hours, special
unavailability during stand-by status
shifts or
All types of Serious Misconduct will be cumulative to determine the appropriate disciplinary steps.
Once a Serious Misconduct infraction has occurred, any subsequent Serious Misconduct infraction
will result in the next level of disciplinary action.
Once an employee is issued a Written Reprimand for Serious Misconduct, they are ineligible to
receive a salary increase (including lump sum payments), promotion, or to apply for jobs within
the City for a period of 12 months.
Serious Misconduct infractions will remain active, with regard to the progressive nature of this
policy, for the duration of employment with the City.
If misconduct or serious misconduct has occurred previously, there will be faster progressive
action.
Extreme Misconduct
Infractions for Extreme Misconduct are very serious in nature and normally result in immediate
dismissal without prior warning.
Examples of Extreme Misconduct include (but are not limited to):
· Failure to report an on-the-job injury or accident within 24 hours to immediate supervisor
· Supervisor's failure to report an employee's on the job injury to Risk Management within
24 hours and/or completion of necessary documentation
· Violent acts or threats of violence
· Operating a City vehicle or equipment without a proper and valid driver's license.
· .]ob Abandonment
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· Insubordination
· Possession of a firearm or concealed weapon on City property or while performing official
City duties, (excluding law enforcement officers)
· Gambling during work hours
· Suspension or revocation of any required job-related licenses or certifications.
· Disruption of the workplace
· Willful spoilage, destruction or waste of city property or resources
· Unauthorized personal use of City equipment or funds
· Conducting personal and/or private business on City time; improper use of City time for
such activity
- Violation of City security regulations and policies
· Theft or removal of City property without proper authorization
· Falsifying documentation
· Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112,
Florida Statutes
· Giving false information, or failure to fully cooperate or provide full, truthful information in
City 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
· Refusal to submit to a City required drug or alcohol test
· Falsifying or attempting to falsify a City-ordered drug test
Violation of the City's Harassment policy
· Conviction of a felony (including non-work related)
· Unauthorized disclosure of confidential information
Pr~_~d~_lr~- f~r r~i~i?in~r~z, A~ti~n
1. When an immediate supervisor becomes aware of evidence of the need for employee
discipline, they become responsible and shall investigate the circumstances, prior 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 immediate supervisor in order to establish appropriate records. Human
Resources will be available to assist in such investigations. 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 conducted in the
absence of immediate or conclusive evidence involving any City employee, with the
exception of Police Department employees. These investigations shall be
conducted by the Department Director and Human Resources, who shall obtain all
sufficient information, including documentation and/or sworn statements, in order
to determine the necessity or level of disciplinary action. Human Resources shall
assume responsibility for acquiring any necessary sworn statements.
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Criminal Tnv~$tig_~tinn$: Investigations conducted when criminal violations are
reportedly committed by any employee of the City. These investigations shall be
conducted by the Police Department, in collaboration with the Department Director
of the involved employee.
In instances where an investigation of serious, unlawful or other extreme misconduct is
necessary, administrative and/or criminal investigations shall be conducted prior to the
effective date of the disciplinary action.
The immediate supervisor may initiate up to a three-day suspension with pay to afford a
supervisor the opportunity to investigate an alleged incident or misconduct in the absence
of the employee. Suspensions of more than three days require the approval of the Human
Resources Director. This practice may also be used in the event that alleged misconduct is
severe but unproven. The immediate supervisor shall immediately notify the Department
Director and Human Resources after the suspension is issued; so that the matter can be
investigated at once.
4. A recommendation for disciplinary action may result from the findings of an investigation.
If disciplinary measures are not recommended after the investigation, the suspension with
pay period shall not be construed as disciplinary in nature. A document confirming a
favorable determination as to the matter should be made a part of the employee's record.
1. Counseling - Consists of the immediate supervisor warning the employee to correct or
improve performance, work habits, or behavior, and counseling the employee on
improvements expected. A Counseling Memorandum must be completed by the
supervisor, and the employee is required to sign the Counseling Memorandum signifying that
they have read and discussed the contents with the supervisor. The signed Counseling
Memorandum must be forwarded to Human Resources for retention in the employee's
records, with a copy provided to the employee. The supervisor may request that the employee
complete a written action plan to correct the behavior. Employees may submit comments for
inclusion in the record.
Written Reprimand - Consists of an immediate supervisor issuing a written notice of
reprimand, including a complete description of the incident(s) of misconduct and a warning
that future violations will result in further disciplinary actions up to and including dismissal.
Written reprimands must be signed by the employee to acknowledge receipt and forwarded to
Human Resources for retention in the mployees records, with a copy provided to the
e '
employee. Employees may submit comments for inclusion in the record. The employee may
be required to complete a Performance Improvement Plan for correction of the behavior.
Written reprimands should be reflected on the mployee s performance evaluation along with
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any noted improvements.
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Suspension Without Pay - Consists of an employee being prohibited from returning to
work until the specified period of suspension has passed or the forfeiture of vacation time, if
agreed to by the employee. Suspensions without pay shall be used when an employee is
removed from the job due to 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.
a. With the written authorization of the Department Director and Human Resources,
immediate supervisors have the authority to issue a suspension without pay for
three working days or less.
Suspensions without pay beyond three working days require prior concurrence by
Human Resources, review by the City Attorney's Office and authorization by the
City Manager's Office.
Employees being suspended without pay shall be notified in writing by the
immediate supervisor. 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 dismissal.
d. 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 forwarded to Human Resources for inclusion in the
employee's records, with a copy provided to the employee, the Department
Director, and one to the Finance Department for payroll purposes.
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. Immediate supervisors must supply thorough documentation and discuss
recommendations for an employee's dismissal with their chain of command and Human
Resources. Upon receiving a written recommendation from the supervisor, the Department
Director shall submit the documentation to Human Resources. Dismissals shall be effected
only with the concurrence of Human Resources, review by the City Attorney's Office and
authorization by the City Manager.
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 Human Resources file.
The recommendation shall include the following information:
a) The underlying reasons for the recommended termination.
b) Documentation upon which the Department Director relied in formulating said
recommendation.
c) An explanation of the employee's rights to request a Predetermination Hearing
prior to termination taking effect and the fact that the decision of the City Manager
shall be final.
City of Boynton Beach 36
Personnel Policy Manual
Effective Date: 03/01/98
Revised Date: 08/01/03
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The dismissal recommendation and the City Manager's final decision shall be placed in the
employee's Human Resources file, and a copy shall be forwarded to the employee and
his/her Department Director. Employees may submit comments for inclusion in their
Human Resources file.
Probationary employees who have not successfully completed the established probationary
period shall be subject to dismissal without cause, after review by Human Resources.
At the time of dismissal, employees are required to surrender to their Department Director
or designee, all City property that may be in their possession or custody and all other
conditions for termination must be complied with prior to issuance of final check.
I~in. hf_ tn Pr~l~f/~rmin~fi_nn I-I-~:~rin_~,
Prior to the effective date of any suspension without pay, or a termination, the City shall conduct
a predetermination hearing. The predetermination hearing shall be conducted by the Human
Resources Director and the City Manager's designee. The employee shall be provided with
reasonable notice of the predetermination hearing date and of the charges which are the grounds
for the disciplinary action. The employee may be accompanied and assisted at the
predetermination hearing by a representative or his or her choice. Prior to or at the inception of
the hearing the City shall disclose or explain the City's evidence. The employee shall be afforded
the opportunity to present information in defense or mitigation to the charges brought against the
employee. Following the predetermination hearing and any further investigation into issues raised
by the employee in defense or mitigation of the charges, the Human Resources Director and the
City Manager's 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.
l:m.nl _~.vmm/l .n ..._._ !t
1. Probationary employees shall not have the right to appeal any type of disciplinary action.
2. Regular employees may respond to discipline actions of counseling, written reprimand and
suspensions with or without pay, of less than four (4) workdays, by requesting
administrative review by the Human Resources Director. Such request shall be made
within ten (10) calendar days of the imposition of the discipline. The Human Resources
Director shall review the disciplinary action in question and shall either sustain, reverse, or
modify the disciplinary action. The Human Resources Director's disposition shall be made
within thirty (30) days of the employee's request for review. The Human Resources
Director's disposition is final and not subject to further review.
3. Regular employees have the right to binding arbitration of any suspensions without pay of,
five days or greater, or dismissals by requesting binding arbitration within ten (10)
business days of the employee's receipt of formal notification of recommended suspension
or dismissal.
City of Boynton Beach 37
Personnel Policy Manual
Effective Date: 03/01/98
Revised Date: 08/01/03
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The City and the employee may waive the selection process by mutually agreeing to the
appointment of an arbitrator. ]:f there is no waiver the City shall request a panel of five
arbitrators from the American Arbitration Association or the Federal Mediation and
Reconciliation Association within ten (10) days of a request for arbitration. The City and
the employee shall alternately strike one name, until one name remains and that individual
shall be designated as the arbitrator.
The arbitration shall be scheduled within forty-five (45) days of the date of appointment of
the arbitrator. Continuances shall not be granted except for good cause and in any event,
not more than one continuance shall be granted to either the employee or the City.
The decision of the arbitrator shall be made within twenty (20) days following the close of
the arbitration or submission of written briefs, whichever occurs last.
The decision of the arbitrator is binding and final.
The arbitrator may not modify the discipline but shall either sustain or reverse the
discipline.
The arbitrator's charges, including fees and costs shall be divided and paid equally by the
parties to the arbitration. Each party shall be responsible for their own attorney fees.
02. Formal Grievances
The City shall strive to anticipate and avoid occurrence of valid complaints or grievances, and to
deal promptly with any that may arise. Except where there is an acceptable reason for not doing
so, all matters of this nature will be handled and transmitted through supervisors in the following
order, according to the department's chain of command:
· Immediate Supervisor
· Department Director
· Human Resources Director or his/her designee
The primary purpose of this grievance procedure is to determine what is right rather than who is
right. Free discussion between employees and supervisors will lead to better understanding of
practices, policies and procedures that affect employees. Discussion will serve to identify and help
eliminate conditions that may cause misunderstandings and grievances. This purpose is defeated
if a spirit of conflict enters into the consideration of a grievance. Supervisors 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 City.
The Human Resources 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 Human Resources Director regarding disposition of the grievance is binding and not subject
to further review.
City of Boynton Beach 38
Personnel Policy Manual Effective Date: 03/01/98
Revised Date: 08/01/03
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V]:I'. RES];GNAT~'ON / TERM~'NAT~'ON
01. Resignation/Termination
Any employee wishing to leave a City position in good standing, must file with his/her Department
head, at least two weeks before leaving, a written resignation stating the date the resignation is
to be effective and the reason for leaving.
Department Heads shall forward the notice of resignation and a completed Personnel
Authorization form to the Human Resources Director immediately upon receiving the resignation.
Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify
the department as required) for a period of three (3) consecutive working days may be
considered by the City as a resignation.
Tnrmin=ttinn p~
There is no termination or severance pay, except payment for accumulated sick and vacation time
as otherwise provided herein.
Some individual letters of appointment may include termination pay provisions.
02. Lay-Off
The City Manager may lay off any regular employee whenever such action is made necessary by
reason of shortage of work or funds, the abolishment of a position or because of changes in
organization; however, no regular employee shall be laid off while there are temporary, or
probationary employees serving in the same position for which the regular employee is eligible
and available.
Whenever the layoff of one or more employees shall become necessary the City Manager shall
notify the Human Resources Director, at least ten (10) days in advance of the intended action and
the reasons therefore.
The Human Resource Director shall furnish the City Manager with the names of the employees to
be laid off in the order in which such layoff shall occur. The order of layoff shall be in reverse
order of total continuous time served.
Temporary and probationary employees shall be laid off, in that order prior to layoff of regular
employees.
City of Boynton Beach
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Personnel Policy Manual
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Revised Date: 08/01/03
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VZli'. APPENDZX
01. DEFi'NI"ITONS
The following words and terms shall have the meaning indicated unless the context clearly
indicates otherwise:
ADM]~N]:STRA'I-~VE REVIEW means review of a minor Human Resources action by the Human
Resources Director. Minor Human Resources action includes verbal counseling, written counseling
memos, reprimands, suspensions with pay, demotions, and suspension without pay of less than
five (5) days.
ALLOCATE shall mean the act of assigning each position to its proper class.
ANNTVERSARY DATE shall mean an employee's date of hire or re-hire, whichever is later.
APPEAL shall mean a request for binding arbitration.
ARBITRATOR shall mean a neutral individual appointed using the procedure set forth in these
policies.
BINDING ARB1TRA'f~ON shall mean a process that ends with a decision of the arbitrator which is
final and binding on the employee, management and the City Commission.
CERT]:FY shall mean the act of the Human Resources Director in supplying a department head
with the names of applicants who are eligible for appointment to a position.
CLASS shall mean a position or group of positions having similar duties and responsibilities,
requiring similar qualifications, which can be properly designated by a title indicative of the nature
of work and which carry the same range.
COMPENSATORY T~IVlE shall mean time taken off in lieu of overtime pay for hours worked in
excess of the maximum for the (non-exempt) employee's work period as set forth in the FLSA.
CON'I-JNUOUS SERV]~CE shall mean employment which is uninterrupted.
CONTRACT EMPLOYEE shall mean an employee under an individual employment contract or a
collective bargaining agreement.
DENOT]ON shall mean the assignment of an employee to a position in a lower class having a
lower maximum salary than the position from which the assignment is made.
DEPARTMENT shall mean Operating Department, unless specifically referred to as Human
Resources Department.
DISMISSAL shall mean the discharge of an employee from his/her or her position with the City.
The terms termination and dismissal are interchangeable.
EL]:G[BLE shall mean a person listed on the active employment list.
EMPLOYMENT L]~ST shall mean a list of persons who have been found qualified for appointment
to a position in a particular class.
EEOC shall mean the Equal Employment Opportunity Commission.
EXAM[NA~ON 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.
City of Boynton Beach 40
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Revised Date: 08/01/03
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FULL-TIME EMPLOYEE shall mean an employee who is scheduled to work a minimum of 36 hours
per week.
GRIEVANCE shall mean formal notice of dissatisfaction by an employee with permanent status
who feels they have been unjustly treated in cases involving employment conditions.
.1OB TITLE shall mean a definite descriptive designation for a job classification.
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 employee who is not employed under an individual
employment contract or covered by a collective bargaining agreement.
OVER'FINE PAY shall mean pay for overtime worked in excess of employees normal work week.
PAY RANGE shall mean a salary range established by the City Commission with a minimum and
maximum base salary.
PART-'I-~ME EMPLOYEE shall mean an employee who is scheduled to work less than 36 hours per
week.
POSI-I~ON shall mean a group of duties assigned to one person or job.
PROBATIONARY EMPLOYEES shall mean any employee who is serving in a new position either by
appointment, promotion, demotion, or reclassification, and has been advised, in writing, that
he/she has successfully completed his/her probationary period.
PROBATIONARY PERIOD shall mean a period of twelve (12) months. An employee who fails to
meet standards during the probationary period is subject to discharge, demotion, or suspension
without warning or statement of cause.
PROMOTION shall mean the assignment of an employee to a position in a higher class having a
higher maximum salary than the position from which assignment is made.
REGULAR EMPLOYEE shall mean an employee who has achieved permanent status after
completing a probationary period.
SUSPENSION shall mean the separation with or without pay of an employee for a period of time.
TEMPORARY EMPLOYEE shall mean an employee holding a position other than regular full-time or
part-time for a specified period 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 City.
The terms termination and dismissal are interchangeable.
UNION EMPLOYEE shall mean an employee within a certified bargaining unit and covered by a
collective bargaining agreement.
VACANCY shall mean a position existing or newly created, which is not occupied.
City of Boynton Beach
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Personnel Policy Manual
Effective Date: 03/01/98
Revised Date: 08/01/03
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02. ZNDEX
ADA, 9
Administrative Review, 34, 40
Americans with Disabilities Act, 9
Anniversary Date, 40
Appeal, 40
Application for Employment, 11
Arbitrator, 38, 40
Bargaining Unit, 4, 41
Benefit ]Information, 13
Binding Arbitration, 37, 40
Bonus Awards, 16
Bonus Days, 20
Callback, 15
Certify, 40
City Commission, 4
City Manager, 5
City Manager Incentive Program, 17
Class, 40
Compassionate Leave, 22
Compensatory Time, 15, 40
Continuous Service, 40
Contract Employee, 4, 10, 40
Counseling, 35
Counseling Memorandum, 35
58 Grievances, 38
59 Harassment, 6, 34
60 Holiday, 19
61 Holidays, 18
62 Hours of Work, 13
63 Human Resources Director, 5
64 Immediate Family, 8, 13
65 Incentive, 17
B6 Incentive Pay System, 16
67 .]ob Title, 41
68 Jury Duty, 21
69 Layoff, 41
70 Lay-off, 39
71 Leave With Pay, 21
72 Leave Without Pay, 7, 23
73 Letter of Appointment,, 10
74 Longevity, 27
75 Longevity Benefits, 27
76 Medical Information, 13
77 Military Leave, 21
78 Misconduct, 31, 32, 33, 35
79 Non-Contract Employee, 10, 41
80 On-Call, 15
81 Open Enrollment, 9
Criminal Investigation, 35
Demotion, 40
Demotions, 16
Department, 40
Disability, 21
Disciplinary Action, 8, 31, 34
Dismissal, 36, 40
DROP Plan Participants, 27
Drug and Alcohol, 8
EAP, 8
EEOC, 40
Effective Date of Policies, 9
Eligible, 40
Emergency Contact, 13
Employee Appeals, 37
Employee Assistance Program, 8
Employee Files, 13
Employee Technical Certification, 29
Employee Types, 10
Employment, 6, 11
Employment List, 40
Employment of Relatives, 13
Employment Opportunity, 11
Equal Employment Opportunity, 6
Examination, 41
Extreme Misconduct, 33
Fair Labor Standards Act, 15
Family and Medical Leave, 24
Finance Department, 12, 21
Florida Public Records Law, 13
Full-Time Employee, 41
Grievance, 41
City of Boynton Beach
Personnel Policy Manual
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Orientation Program, 12
Overtime, 15, 41
Part-Time Employee, 41
Pay Range, 12, 41
Personnel Administration, 4
Personnel Information, 13
Position, 41
Predetermination Hearing, 37
Probation, 29
Probationary Employees, 37, 41
Probationary Period, 14, 16, 37, 41
Professional Development, 29
Promotion, 41
Public Records Law, 13
Recruitment and Selection, 10
Regular Employee, 37, 41
Resignation, 39
Restricted Sick Leave, 19
Retirement, 28
Serious Misconduct, 33
Severance Pay, 39
Sick Leave, 19, 20
Social Security Number, 13
Suspension, 35, 36, 37, 41
Temporary Employee, 41
Temporary Position, 41
Termination, 36, 39, 41
Termination Pay, 39
Training, 5, 6, 29, 41
Transfers, 16
Tuition Assistance, 29
Union Employee, 41
Effective Date: 03/01/98
Revised Date: 08/01/03
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1 Vacancy, 41
2 Vacation, 18
3 Violence in the Workplace, 8
4 Witness Fees, 21
5 Workers' Compensation, 22
6 Wdtten Reprimand, 35
7 Years of Service, 18, 20
City of Boynton Beach
Personnel Policy Manual
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Effective Date: 03/01/98
Revised Date: 08/01/03
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