Minutes 02-17-15 MINUTES OF THE SPECIAL COMMUNITY REDEVELOPMENT AGENCY BOARD
MEETING HELD IN COMMISSION CHAMBERS, CITY HALL,
100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA,
ON FEBRUARY 17, 2015, AT 5:30 P.M.
PRESENT:
Jerry Taylor, Chair Vivian Brooks, Executive Director
Joe Casello, Vice Chair Tara Duhy, Board Counsel
Buck Buchanan
Michael Fitzpatrick
Woodrow Hay
Mack McCray
David Merker
1. Call to Order
Chair Taylor called the meeting to order at 5:36 p.m. Roll call revealed all members
were present.
The purpose of the meeting was for discussion on the investigation relating to Board
Member David Merker. Chair Taylor turned the meeting over to Christine Hanley who
did the investigation.
Ken Spillias recalled the Board had directed him, as Board Counsel, to engage an
investigator and Ms. Hanley from the firm of Ford Harrison, had the best background in
neutrality. The written report and a letter of recommendations had been distributed prior
to the meeting and are attached to the minutes.
Mr. McCray requested the costs involved. Mr. Spillias advised the figure was not
available, but it would be distributed to the Board as soon as an invoice was received.
Christine Hanley advised she had been retained to investigate a claim of improper
touching and behavior by Board Member David Merker, raised by Vivian Brooks, CRA
Director. Ms. Hanley had been provided with an email sent to Mr. Merker, Attorneys
Spillias and Duhy, approximately two weeks after the incident. There were also tapes
provided of a meeting facilitated by Attorneys Spillias and Duhy in an attempt to resolve
the issues.
Her investigation included a review of the CRA Handbook, governance papers,
interlocal agreements between the City and CRA, select Florida Statutes and interviews
with all employees of the CRA,
SPECIAL MEETING MINUTES
COMMUNITY REDEVELOPMENT AGENCY BOARD
BOYNTON BEACH, FL FEBRUARY 17, 2015
An interview of Vivian Brooks provided information on the nature of the complaint,
duration and the dimensions of the offending behaviors. Each employee was
interviewed for their perspective and any problematic behaviors they experienced.
Following those interviews, Ms. Hanley met with the City Manager, Lori LaVerriere, to
understand the legal relationship between the CRA and City and to be assured the
statutory authority was appropriate.
The CRA has less than 10 employees and the statutory regulations generally relating to
discrimination and harassment are effective in organizations with 15 or more
employees. A smaller organization may not fall under the protection of Title VII of the
Civil Rights Act, 1964 Federal Statute, or the Florida Civil Rights Act. Florida has a
statutory scheme in Section 112 that provides protections to all government employees.
If an employee falls in the protected scheme there can be no retaliation against
employees who complain about discrimination or improper behavior or even participate
in an investigation.
There is also the whistle blower's statute which provides protection for those who come
forward to complain about a violation of a law, rule or regulation. It provides protection
for those lodging a complaint about an actual violation or a good faith belief of a
violation. All those involved in the investigative process are protected from retaliation.
The information received was ultimately confirmed by Mr. Merker with one exception;
whether or not he had touched Ms. Brooks on the posterior. It was the ultimate
credibility determination that had to be made.
The following determination was read into the record:
"The two questions presented were whether Merker touched Brooks inappropriately on
December 23, 2014 and whether Merker engaged in inappropriate or improper behavior
with the staff of the CRA throughout his tenure as a CRA Director. The answer to both
of those questions were answered in the affirmative.
With respect to question one, did Merker touch Brooks inappropriately on December
23 2014; the answer is yes. Although Merker denies that he touched Brooks'
backside as he was leaving the CRA on December 23 2014, 1 credit Brooks' version
of the day's events. Merker's pattern of behavior with Brooks that included
inappropriate comments and unwanted touching despite ongoing advice from Brooks
that the behavior was inappropriate, remain unabated. Merker knew or should have
known that the behaviors and comments were not appropriate and otherwise should
have refrained from continuing with such behavior and comments, as soon as Brooks
advised him that they were not welcome.
2
SPECIAL MEETING MINUTES
COMMUNITY REDEVELOPMENT AGENCY BOARD
BOYNTON BEACH, FL FEBRUARY 17, 2015
As to the second question, did Merker engage in inappropriate or improper behavior
with the staff of the CRA throughout his tenure as a CRA Director; that question is again
answered in the affirmative, yes.
Given his position as CRA Board Member, Merker's behavior toward staff was at best
off-putting and at worst harassing. Merker's unremitting comments directed to and
about staff as to their dress, appearance, religion, marital status and ability to arrange
dates, among others, was neither requested nor desired by staff. Moreover, his
frequent unscheduled visits to the CRA were in clear contradiction of the rules."
Vice Chair Casello inquired if any males, specifically Mike Simon, were interviewed and
Ms. Hanley reiterated every employee of the CRA was interviewed including Mike
Simon and Christopher Burdick. Vice Chair Casello asked if the Board Members were
consulted and Ms. Hanley advised the Board Members were not interviewed. There
was no indication in the complaint that any other Board Members, other than Merker,
were involved or had actual knowledge of the activities at the CRA.
Mr. Fitzpatrick questioned why the other Board Members were not interviewed. Ms.
Hanley explained Ms. Brooks' complaint was the only one being investigated. While
others may have knowledge, no other complaint was brought forward. Ms. Hanley felt it
was appropriate to limit the investigation to Ms. Brooks' complaint. Mr. Fitzpatrick
countered that the criteria mentioned was not applied to all the staff members that did
not witness the event and yet they were interviewed. Ms. Hanley replied the complaint
implied improper behavior was directed not only to her, but also her staff.
Mr. Hay asked why input from City employees who may have been involved with the
same type of behavior by Merker were not consulted. Ms. Hanley was not aware of any
City employee that had raised a formal complaint regarding Board Member Merker,
The investigation was limited to Ms. Brooks' complaint. Ms. Hanley was not charged by
the City, rather the CRA Board to investigate a CRA complaint. Mr. Hay questioned if
Ms. Hanley was charged by the City to investigate, would there have been an
investigation if there had been no complaint filed by City employees? Ms. Hanley
advised there would have had to be a protocol developed.
Ms. Hanley had not reviewed the City's policies or practices. She understood most
organizations covered under Title VII of the Civil Rights Act of 1964 or the Florida Civil
Rights Act have definitive personnel policies regarding discrimination and harassment.
They inform employees with respect to what must be done if subjected to unlawful
harassment or discrimination. It also provides the City with an obligation of what it must
do. There can be many reasons why a complaint is not submitted. Until a complaint is
made it is improper for an employer to inquire. Investigations can be conducted if there
is competent evidence or an eye witness to improper behavior. No City employee has
come forward with a complaint against Mr. Merker.
3
SPECIAL MEETING MINUTES
COMMUNITY REDEVELOPMENT AGENCY BOARD
BOYNTON BEACH, FL FEBRUARY 17, 2015
Mr. Hay was under the impression the investigation Would include both CRA and City
staff. Mt. Spillias added he had recommended the City undertake the investigation
because he had a concern about the allocation of CRA funds for this type of endeavor.
There is no limitation on the City's expenditure of funds. The Board members stressed
it was a CRA staff complaint and the CRA should investigate the allegations. Mr. Hay
contended at this juncture no one else would come forward. Mr. Spillias noted that now
there has been a definite finding of credibility and if there are other complaints they may
now come forward. It remains a decision for the individual to come forward.
Chair Taylor asked if it was Ms. Hanley's opinion or stated by Mr. Merker that he had
received no training relating to the discrimination statutes or harassment during his
professional career or during his tenure as a Boynton Beach official. Ms. Hanley
advised it was her finding. The CRA does not provide any training with regard to
discrimination or harassment.
Mr. McCray stressed the investigation was done by the CRA and did not involve any
City employee. No matter what has been heard by others, the CRA proceeded with the
investigation.
Ms. Hanley offered her recommendations. The first recommendation and most
fundamental is the CRA Board should be trained on the discrimination statute, nature of
harassment, appropriate workplace behaviors and the like. The best practice would be
to conduct the training at least on hiring and once a year thereafter. It ensures a level
footing with respect to the law, rules and regulations and what should and should not be
done. It is incumbent on the Board to provide notice of what is appropriate behavior and
what is not.
The second recommendation is already in place that ensures CRA Board members
abide by the guidelines and guidance regarding meeting with executives and the staff of
the CRA. Their Rules of Governance provide office visits by Board Members with the
Executive Director and other members of CRA should be by appointment and be
purposeful. If followed, it would limit access within the CRA.
Her general recommendations related to the two interlocal agreements between the City
and CRA. The one for Human Resources provides day-to-day guidance relating to
Human Resources management. The CRA should fully utilize the benefits provided for
in the interlocal agreements. It was also recommended that the CRA's employment
counsel review its handbook, papers and policies on a more regular basis. The CRA
should have appropriate policies, practices and procedures established and followed to
avoid conduct that is not lawful.
Chair Taylor commented all Board members are required to have ethics training every
year and sign off on completion of the training. He assumed Mr. Merker had the
training. Discrimination and harassment training is common in almost all work places.
4
SPECIAL MEETING MINUTES
COMMUNITY REDEVELOPMENT AGENCY BOARD
BOYNTON BEACH, FL FEBRUARY 17, 2015
Chair Taylor was concerned because Mr. Merker had voted on the City's discrimination
ordinances and how others should act without being familiar with the content,
Mr. Merker interjected he had taken the ethics training twice.
Chair Taylor confirmed the findings that Mr. Merker did touch Ms. Brooks
inappropriately and engaged in inappropriate behavior with staff.
(A fire alarm interrupted the proceeding and evacuation of the building was required at
6:05 p. m.)
(The proceedings resumed at 6:30 p.m.)
Chair Taylor pointed out complaints were made and found to be valid in both instances.
It is the responsibility of the Board to provide an acceptable work place for all
employees. A pattern of unacceptable behavior by Mr. Merker has been established
that has embarrassed the CRA Board and the City. Chair Taylor suggested a motion be
made to censure Mr. Merker as an expression of disapproval toward this type of
behavior and the action of the CRA Board be forwarded to the City Commission with the
recommendation 'that future similar complaints be attached to the report and sent to the
Governor for his action.
Mr. McCray asked how long the censure would be in place. Chair Taylor indicated it
was an official censure that would remain in effect that the behavior is unacceptable,
Mr. Fitzpatrick moved to censure Mr. Merker as recommended by Chair Taylor. Mr.
Hay seconded the motion. The motion passed 5-2 (Mr. Merker and Mr. McCray
dissenting).
Vice Chair Casello moved that the action of the Board be forwarded to the City
Commission with the recommendation that any future similar complaints be attached to
the report and sent to the Governor for his action. Mr. Hay seconded the motion. The
motion passed 5-2 (Mr. Merker and Mr. McCray dissenting).
Mr. Hay commented he was concerned about the recommendation for further training
since Board members had the training in the past. It is common sense to control our
own hands and mouth.
The scheduling of appointments for every visit could be a problem since a quick
response to a question is needed on occasion. It would appear all Board members
were being penalized because of one person. Mr. Hay wanted to maintain the status
quo. He did not feel anyone would come forward to initiate any negative comments or
actions against an elected official. As far as a schedule for regular review of training
materials, the Human Resources Department currently monitors all training, Mr. Hay
5
SPECIAL MEETING MINUTES
COMMUNITY REDEVELOPMENT AGENCY BOARD
BOYNTON BEACH, FL FEBRUARY 17, 2015
suggested Mr. Merker be directed to review and fully read all the policies, procedures
and rules governing the CRA.
All Board members are mature professionals and further training for the entire Board
should not be required. Mr. Merker should be sanctioned and any further incidents
reported to a higher authority. A great deal of money has been spent creating a positive
image for Boynton Beach and the current incident should be dealt with and the City of
Boynton Beach move forward again.
Mr. McCray remained concerned with the expense for the investigation. He was glad
the matter was resolved and the City should move ahead and not focus on one
individual. Everyone makes mistakes.
Vice Chair Casello did not understand how a price could be placed on the safety of the
employees. Even if it cost a great deal of money, it is money well spent. Mr. McCray
clarified he did not remark that the money was not well spent. He only wanted to know
how much was spent since it is government money.
No other matters to come before the Board, Chair Taylor properly adjourned the
meeting at 6:39 p.m.
udith A. Py , CMC
Deputy City Clerk
6
FOR
ATTORNEYS AT LAW
1450 Centrepark Boulevard • Suite 325
West Palm Beach, FL 33401
Tel 561.345.7500 • Fax 561.345.7501
www.fordharrison.com Writer's Direct Contact:
CHRISTINE D. HANLEY
(5 61 ) 345 -7502
chanley @fordharrison.com
February 17, 2015
CONFIDENTIAL COMMUNICATION
Ken Spillias, Esq.
General Counsel
Boynton Beach Community Redevelopment Agency
c/o Lewis, Longman & Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, FL 33401
Dear Mr. Spillias:
Re: Recommendations
When you asked me to investigate a claim of harassment advanced by
Boynton Beach Community Redevelopment Agency ( "CRA ") Executive Director
Vivian Brooks, you also communicated the CRA Board's request that I provide
recommendations on what may be done on a go- forward basis to reduce the
likelihood that such behavior, if it occurred, would occur again. To this end, I
offer two specific recommendations and two additional, general recommendations
as to the management of the CRA's human resources.
SPECIFIC RECOMMENDATIONS
1. Provide Training to all CRA Board Members on the discrimination
statutes, workplace harassment and appropriate workplace behavior.
What may constitute appropriate workplace behavior and conduct varies
from industry to industry and workplace to workplace. Neither federal nor state
nor local law prescribes a "code of behavior" for business and the law does not
function as a "super personnel department" for any organization. As such, what
one individual understands about the discrimination statutes and harassment and
workplace behavior may be markedly different from what another understands. In
FHPROMISE I We will make your job easier We will know your business and needs • We will be proactive and accessible
Ken Spillias, Esq. CONFIDENTIAL COMMUNICATION
February 17, 2015
Page 2
order to ensure that every individual in an organization or enterprise shares a like
understanding of the discrimination statutes and harassment and workplace
behavior, most organizations provide training to their employees at the time of hire
and annually thereafter on the requirements and restrictions associated with the
discrimination statutes and the organizations' expectations of appropriate
workplace behavior.
Although it appears that employees of the CRA have information regarding
discrimination and harassment, and that information is distributed through the
CRA's Employee Handbook, the CRA has not provided its Board with like -kind
training or education. The CRA should do so immediately to ensure that each
Board Member shares the same understanding of these issues.
2. Ensure that CRA Board Members are adhering to existing guidelines
and guidance regarding meetings with Executives and Staff of CRA.
The CRA's Rules of Governance provide, at Section E, that " ... office
visits by Board members with the Executive Director, or through the Executive
Director, other members of the CRA staff, shall be scheduled by appointment
through the Executive Director or his /her designee. . . ." Adherence to this
published Rule should limit the opportunities for problematic behavior.
GENERAL RECOMMENDATIONS
1. Ensure that the CRA is obtaining full value from its Interlocal
Agreement ( "ILA ") for Human Resources Services with the City of Boynton
Beach.
The ILA between the CRA and the City of Boynton Beach ( "City ") provides
that the City will provide the CRA with a number of important human resources
services including general human resources administration (e.g., internal
consulting and responses for day to day human resource related questions),
recruitment, new hire orientation, organizational development /training, records
management of employee personnel files and more. It does not appear that the
CRA is using the benefits for which it is paying to the fullest.
The CRA would be well served to integrate the purchased functions
addressed in this ILA into its operations and Employee Handbook so that, for
example, employees are directed to make complaints of harassment or
discrimination to the City's designated Human Resources Representative.
tl
Ken Spillias, Esq. CONFIDENTIAL COMMUNICATION
February 17, 2015
Page 3
2. Establish a schedule for regular review of the CRA's Employee
Handbook by Employment Counsel to ensure that it is and continues to comply
with all applicable laws, rules and regulations and that the organization has
otherwise adopted best practices, and arrange for timely updates as required by
changes to law, rule or regulation or the impacts of decisional law.
Employment and labor law is dynamic. Administrative rule changes, agency
interpretations and decisional law have turned traditional notions of human
resources management upside down. Continuous, thoughtful review and
conforming additions, amendments and deletions to Employee Handbook (and
organizational practices) are required to ensure organizations do not run afoul of
the law (rule or regulation) by benign neglect or by deliberate but misinformed
action.
Please let me know if you have any questions regarding the foregoing.
Sincerely,
CHRISTINE D. HANLEY
CDH/j lm
cc: Jerry Taylor
Joseph Casello
Michael Fitzpatrick
Mack McCray
David Merker
James Buchanan
Woodrow Hay
Vivian Brooks
FOR
(lIw ATTORNEYS AT LAW
1450 Centrepark Boulevard • Suite 325
West Palm Beach, FL 33401
Tel 561.345.7500 • Fax 561.345.7501
www.fordharrison.com Writer's Direct Contact:
CHRISTINE D. HANLEY
(5 61 ) 34 5 -750 2
chanley @fordharrison.com
February 17, 2015
CONFIDENTIAL COMMUNICATION
Ken Spillias, Esq.
General Counsel
Boynton Beach Community Redevelopment Agency
c/o Lewis, Longman & Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, FL 33401
(W Dear Mr. Spillias:
Re: Investigation of Sexual Harassment Complaint By Vivian
Brooks, Executive Director, Boynton Beach CRA
FH Client- Matter No.: 023034.0001
INTRODUCTION
This report digests my investigation regarding a sexual harassment
complaint raised by Vivian Brooks ( "Brooks "), the Executive Director of the
Boynton Beach Community Redevelopment Agency ( "CRA "). More specifically,
Brooks complained on December 23, 2014, that CRA Board Member David
Merker ( "Merker ") "commented on [her] appearance several times" and "as
[Merker was] walking out the door, [he] grabbed [Brooks's] posterior." See
Attachment 1, e -mail from Brooks to Merker dated December 30, 2014.
1 The genesis of this investigation was a complaint by Brooks of inappropriate and /or improper behavior by a CRA
Board Member. The investigation was undertaken pursuant to the direction of the CRA Board and at the request of
CRA General Counsel Ken Spillias ( "Spillias ") who engaged the undersigned on behalf of the CRA; the
investigation was wholly funded by the CRA. The purpose and scope of the investigation were, therefore, limited
by the nature of the complaint and the effective reach of the CRA as a legal and organizational entity.
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Ken Spillias, Esq. CONFIDENTIAL COMMUNICATION
February 17, 2015
Page 2
TIMELINE OF INVESTIGATION
December 30, 2014 Brooks drafts and Merker receives the written
complaint
January 16, 2015 Boynton Beach CRA retains FordHarrison to
conduct investigation
January 20, 2015 Interview of Vivian Brooks, Executive Director
January 21, 2015 Interview of Susan Harris, Finance Director
Interview of Theresa Utterback, Development
Services Specialist
Interview of Tracy Smith - Coffey, Marketing and
Business Development Specialist
Interview of Amy Zimmerman, Special Events
Coordinator
Interview of Mike Simon, Assistant Director
January 22, 2015 Review of Personnel Files
Interview of Vicki Hill, Finance Specialist
Interview of Christopher Burdick, Marketing /
Events / Business Development Specialist
Assistant
January 26, 2015 Interview of Lori LaVerriere, City Manager,
Boynton Beach
January 29, 2015 Interview of Commissioner David Merker
Phone Interview of Kay Lamm, CRA Visitor
DOCUMENT ANALYSIS
• Boynton Beach CRA Human Resources Policies & Procedures Manual — See
Attachment 2
z Shortly after Brooks's complaint was received by Merker, Spillias and Tara Duhy, Esq. ( "Duhy "), Counsel for
CRA, a meeting between Brooks and Merker was facilitated by Spillias and Duhy. At the conclusion of that
meeting, Brooks and Merker had agreed on a scope of acceptable behavior and conduct as between the two. The
agreement broke down when Merker declined to sign the agreement once penned. This investigation followed.
Ken Spillias, Esq. CONFIDENTIAL COMMUNICATION
February 17, 2015
Page 3
• Boynton Beach CRA Rules of Governance — See Attachment 3
• Select Florida Statutes
• Interlocal Agreements ( "ILA ") between the CRA and the City of Boynton
Beach for Human Resource Services and for Technical Support — See
Attachment 4
BACKGROUND
The CRA is a separate, segregate government entity created pursuant to
Florida law (Chapter 163, Part III of Florida Statutes). The CRA is governed by a
Board that is comprised of the five incumbent Boynton Beach City Commissioners
and two members from the Public. Funding for the CRA and its initiatives is tax
increment financing ( "TIF "); pursuant to Florida Statute, TIF funds must be used
for redevelopment purposes within the CRA target area.
The CRA employs a staff of less then ten to carry out its stated mission .5
Accordingly, the CRA is not subject to the non - discrimination provisions of Title
VII of the Civil Rights Act of 1964 or the Florida Civil Rights Act. 6 The CRA is,
however, subject to the provisions of Florida Statute ( "FS ") Chapter 112 that
provides certain rights and protections for public sector employees. More
specifically, the CRA is subject to FS § 112.042 that provides, in relevant part:
(1) It is against the public policy of this state for the
governing body of any county or municipal agency, board,
commission, department, or office, solely because of the race, color,
national origin, sex, handicap, or religious creed of any individual, to
refuse to hire or employ, to bar, or to discharge from employment
such individuals or to otherwise discriminate against such
individuals with respect to compensation, hire, tenure, terms,
conditions, or privileges of employment, if the individual is the most
s The ILAs were provided by Lori LaVerriere, City Manager for Boynton Beach. The ILA for Technical Support
that accompanies this Report is unsigned; we understand this document exists in executed form.
4 This Background is a synthesis of facts found by this Investigator over the course of the investigation.
5 Additionally, the CRA purchases certain services from the City of Boynton Beach vis -a -vis two ILAs included in
this report as Attachment 4.
6 Although generally applicable to public sector employers, these statutory schemes have a minimum coverage
threshold of 15 employees.
Ken Spillias, Esq. CONFIDENTIAL COMMUNICATION
February 17, 2015
Page 4
competent and able to perform the services required. (Emphasis
added)
The CRA is also subject to FS § 112.3187 that provides, in relevant part:
(2) LEGISLATIVE INTENT. —It is the intent of the
Legislature to prevent agencies or independent contractors from
taking retaliatory action against an employee who reports to an
appropriate agency violations of law on the part of a public employer
or independent contractor that create a substantial and specific danger
to the public's health, safety, or welfare. It is further the intent of the
Legislature to prevent agencies or independent contractors from
taking retaliatory action against any person who discloses information
to an appropriate agency alleging improper use of governmental
office, gross waste of funds, or any other abuse or gross neglect of
duty on the part of an agency, public officer, or employee.
(4) ACTIONS PROHIBITED. —
(a) An agency or independent contractor shall not dismiss,
discipline, or take any other adverse personnel action against an
employee for disclosing information pursuant to the provisions of this
section.
(b) An agency or independent contractor shall not take any
adverse action that affects the rights or interests of a person in
retaliation for the person's disclosure of information under this
section.
(5) NATURE OF INFORMATION DISCLOSED. —The
information disclosed under this section must include:
(a) Any violation or suspected violation of any federal, state,
or local law, rule, or regulation committed by an employee or agent of
an agency or independent contractor which creates and presents a
substantial and specific danger to the public's health, safety, or
welfare.
(b) Any act or suspected act of gross mismanagement,
(W malfeasance, misfeasance, gross waste of public funds, suspected or
actual Medicaid fraud or abuse, or gross neglect of duty committed by
an employee or agent of an agency or independent contractor.
Ken Spillias, Esq. CONFIDENTIAL COMMUNICATION
February 17, 2015
(W Page 5
(7) EMPLOYEES AND PERSONS PROTECTED. —This
section protects employees and persons who disclose information on
their own initiative in a written and signed complaint; ...
The CRA also operates under its own Rules of Governance ( "Rules "). The Rules
provide, inter alia that:
E. In order to insure the effective and efficient performance of staff
duties and functions, office visits by Board members with the
Executive Director, or through the Executive Director, other members
of the CRA staff shall be scheduled by appointment through the
Executive Director or his/her designees... .
BROOKS
Brooks is the Executive Director of the CRA. She has served in this role
since 2011 and worked at the CRA for over nine years. In order to ensure that each
member of the CRA Board is fully informed of matters on which it will be
requested to act, and in keeping with Florida's Sunshine requirements, Brooks
meets with each Board member on a scheduled basis. During these meetings,
Brooks reviews matters and issues that will come before the Board with each
member, answers their questions and, generally, prepares each member for the next
Board Meeting.
In her role as Executive Director of the CRA, Brooks began working with
Board Member Merker about 18 months ago, immediately after he assumed his
role as a CRA Board Member. Brooks initially met with Merker once each week
to facilitate his understanding of the CRA and its processes, but has since cut back
on the frequency of her meetings with Merker.
From the outset, Merker demonstrated behaviors that were beyond the pale
of appropriate behaviors for a Board Member. Merker queried Brooks and others
on her staff about their religions and their marriages and their female family
members; he commented on Brooks's looks and touched her hands; and, Merker
often stood uncomfortably close to Brooks when talking to her. Brooks would
caution Merker about these behaviors regularly and, more often than not, Merker
would tell Brooks that it was just the way he was. Merker would often drop by the
CRA even when he did not have a scheduled appointment with Brooks.
7 Regular meetings were scheduled with each Board Member in this fashion.
Ken Spillias, Esq. CONFIDENTIAL COMMUNICATION
February 17, 2015
Page 6
Whether Merker's visits were scheduled or not, Merker habitually
commented to or about CRA staff members as he made his way down the hall to
Brooks's office. Merker might tell one employee that she "looked good" that day,
tell a few others that they "were fired" and stop and visit with others, engaging
them in non -work related conversation. Sometimes Merker would simply stop by
the CRA and read the newspaper. CRA staff members would do all that they
might to avoid Merker as they found his behaviors annoying and often times
offensive. Most CRA staff members were mindful of his position as CRA Board
Member and several CRA staff members were afraid of complaining about his
behaviors lest he make good on his statement to "fire" them or otherwise retaliate
against them. Merker's behaviors are atypical from those of the other CRA Board
Members.
On December 23, 2014, Merker visited the CRA for a scheduled meeting
with Brooks. At the end of the meeting, Brooks was walking Merker to the door
when Merker stopped to visit Susan Harris ( "Harris "), CRA Finance Director.
Harris was preparing to go to lunch with a friend of hers who was also in Harris's
office. While in Harris's office, Merker took Brooks's arm and grabbed her by the
shoulder. Brooks extracted herself and left Harris's office to walk Merker to the
front door. Minutes later Brooks returned to Harris's office and told Harris that
Merker had grabbed her posterior.
A few days later, Brooks made a formal complaint to Merker copying
Spillias.
MERKER
Merker has served on the CRA Board since his election to the Boynton
Beach Town Council. An avid history buff and reader, Merker has spent his
business career as a self - employed insurance salesman, never having more than 4
employees in his business. Merker is not familiar with the discrimination statutes
and has not had training on discrimination or harassment either during his
professional career or during his tenure as a Boynton Beach official.
Merker regularly met with Brooks at the CRA offices; his meeting schedule
called for him to meet with Brooks every Tuesday at 11 a.m. Merker admits to
complimenting staff during his visits to the CRA, to make them feel good, he says.
Merker also admits to saying "you're fired" to staff members, though in a joking,
jesting manner. Finally, Merker admits to telling Brooks that "in the next life I'll
Ken Spillias, Esq. CONFIDENTIAL COMMUNICATION
February 17, 2015
(W Page 7
marry you" and to asking Assistant Director Mike Simon ( "Simon ") when Simon
was going to fix him up with his sister -in -law — again, in a joking, jesting manner.
Merker denies grabbing Brooks's posterior.
QUESTIONS PRESENTED BY VIVIAN BROOKS' S COMPLAINT
1. Did Merker touch Brooks inappropriately on December 23, 2014?
2. Did Merker engage in inappropriate or improper behavior with the Staff of
the CRA throughout his tenure as a CRA Director?
DISCUSSION
1. Did Merker touch Brooks inappropriately on December 23, 2014?
Yes Although Merker denies that he touched Brooks's backside as he was
leaving the CRA on December 23, 2014, I credit Brooks's version of the day's
events. Merker's pattern of behavior with Brooks that included inappropriate
comments and unwanted touching, despite on -going advice from Brooks that the
behavior was inappropriate, remained unabated. Merker knew or should have
known that the behaviors and comments were not appropriate and, otherwise,
should have refrained from continuing with such behavior and comments as soon
as Brooks advised him that they were not welcome.
2. Did Merker engage in inappropriate or improper behavior with the Staff of
the CRA throughout his tenure as a CRA Director?
Yes Given his position as CRA Board Member, Merker's behavior toward
staff was, at best, off putting and, at worst, harassing. Merker's unremitting
comments directed to and about staff, as to their dress, appearance, religion,
marital status and ability to arrange dates, among others, was neither requested nor
desired by staff. Moreover, his frequent, unscheduled visits to the CRA were in
clear contradiction of the Rules.
Ken Spillias, Esq. CONFIDENTIAL COMMUNICATION
February 17, 2015
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CONCLUSION
This concludes my report regarding the complaint raised by Vivian Brooks.
Please let me know if you have any questions or wish to discuss any portion of this
report.
j incerely,
HRISTINE D. HANLEY
CDH/j lm
Attachments (as stated)
cc: Jerry Taylor
Joseph Casello
Michael Fitzpatrick
Mack McCray
David Merker
James Buchanan
Woodrow Hay
Vivian Brooks
i
i
Ken Spillias
From: Brooks, Vivian <BrooksVi @bbfl.us>
Sent: Tuesday, December 30, 2014 10:55 AM
To: Merker, David
Cc: Ken Spillias; Tara Duhy
Subject: Behavior
Importance: High
Dear Commissioner Merker,
I
I want to discuss something that happened at our regularly scheduled meeting on December 23r At our meeting you
commented on my appearance several times. Then as you were walking out the door, you grabbed my posterior. I
commented that you were being "handsy" today.
f
Although I have attempted to explain on many occasions that as an elected official you have a certain code of conduct
that is expected of you, you continue to exhibit inappropriate behavior towards women. I am your employee and
should not be subjected to being touched or spoken about inappropriately. I do not desire it nor will I tolerate it. E
had to think long and hard about writing this e -mail as it could negatively impact my career. It is usually the victim that
becomes the casualty in this situation but I have a daughter and I could not live with myself if I did not stand up for what j
is right. I
L I am here to help you guide the City in the most professional manner possible. I have many years of experience and
educational training to offer you. Please do not jeopardize the professional relationship with continued inappropriate
i
behavior.
s
Thank you.
Vivian Brooks, Executive Director
Boynton Beach Community Redevelopment Agency !
710 N. Federal Hwy, I Boynton Beach, Florida 33435
o: 561- 600 -9090 1 f: 561- 737 -3258
BrooksVi@bbfl.us I www.catchboynton.com
America's Gateway to the Gu(fstream
The Information contained in this transmission maybe legally privileged and confidential. It Is Intended only for the use of the recipient(s) named above. If the reader of this
essage Is not the Intended recipient, you are hereby notified that you received this communication In error, and that any dissemination, distribution, or copying of this
communication is strictly prohibited. If you have received this communication in error, please note thesender immediately by reply email and delete the message and all copies
of it.
1
li
I;
'I
I
i
w BOYNTO
ow
Iiwiwi�BEACHrCRA
HUMAN RESOURCES
POLICIES & PROCEDURES
MANUAL
Boynton Beach Community Redevelopment Agency
710 North Federal Highway
Boynton Beach, FL 33435
(561) 737 -3256 - Fax (561) 737 -3258
www.catchboynton.com
r
Revised September 2014
Page 1 of 90
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Table of Contents
SECTION 01: GENERAL PROVISIONS
1 -1 Purpose 5
1 -2 Positions Covered by These Policies 5
1 -3 Approval and Amendment of Policies 5
1 -4 Definitions 5
1 -5 Human Resources Administration 8
SECTION 02: RECRUITMENT, SELECTION AND EMPLOYMENT
2 -1 Equal Employment Opportunity Statement 9
2 -2 Recruitment 10
2 -3 Employment Applications 10
2 -4 Selection Procedures 11
2 -5 Type of Employees 11
2 -6 Disqualified Persons 11
2 -7 Interviewing Process 11
2 -8 Recommendation for Employment 12
2 -9 Employment Acceptance 12
2 -10 Disqualification for Employment 13
SECTION 03: EMPLOYMENT PROVISIONS
3 -1 Probationary Period 13
3 -2 Terminations 13
3 -3 Performance Evaluations 14
3 -4 Harassment and Sexual Harassment 15
3 -5 Workplace Violence 17
3 -6 Formal Grievances 20
3 -7 Personnel Actions 21
3 -8 Code of Conduct and Disciplinary Provisions 22
SECTION 04: CLASSIFICATION & PAY PROVISIONS
4 -1 Classification Provisions 31
4 -2 Pay Provisions 31
4 -3 Hours of Work / Overtime / Compensatory Time 31
Page 2 of 90
1
SECTION 05: EMPLOYMENT CONDITIONS
5 -1 Outside Employment 32
5 -2 CRA Equipment 32
5 -3 Address & Telephone Numbers 32
5 -4 Political Activity 33
5 -5 Resignation 33
5 -6 Drug Free 34
5 -7 Accommodations for Employees with Disabilities 43
SECTION 06: EMPLOYEE BENEFIT PROGRAMS
6 -1 Vacation Leave 44
6 -2 Sick Leave 45
6 -3 Holidays 46
6 -4 Compassionate Leave 46
6 -5 Jury Duty 46
6 -6 Military Leave 47
6 -7 Disability 49
6 -8 Life Insurance 49
6 -9 Leave Without Pay 49
6 -10 Medical, Dental, Vision, Life Insurance 50
6 -11 Retirement 50
SECTION 07: CREDIT CARD POLICY
7 -1 Policy 51
SECTION 08: COMMUNICATIONS SYSTEMS POLICY
8 -1 Statement of Policy 54
8 -2 No Expectation of Privacy 55
8 -3 Use of Systems for Harassment 55
8 -4 Non - solicitation; Outside Employment 55
8 -5 Software 55
8 -6 Termination 55
8 -7 Reporting 56
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SECTION 09: MISCELLANEOUS
9 -1 Personal Appearance /Dress Code 56
APPENDIX: HIRING AND TERMINATION POLICIES AND 60
PROCEDURES MANUAL
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SECTION 01: GENERAL PROVISIONS
1 -1 PURPOSE:
These policies are to provide guidance in the administration of the CRA's
employees. It is the intent of these policies to ensure that CRA employees will
be dealt with on an equitable basis, so that the citizens of the CRA area may
derive benefits and advantages as a result of a competent CRA staff. It is the
responsibility of all CRA employees to read and abide by all provisions of all
policies even as amended from time to time.
1 -2 POSITIONS COVERED BY THESE POLICIES:
The policies shall apply to all non - contract employees. These policies shall
also apply to employees with individual employment contracts, if incorporated
by reference into the employment contract.
1 -3 APPROVAL AND AMENDMENT OF POLICIES:
These policies shall be in force and in effect when approved by the CRA
(W Board and replace existing policies and procedures. The CRA Board may
amend these policies from time to time unless another means of amendment
is specified in this document.
1 -4 DEFINITIONS:
• ADMINISTRATIVE REVIEW — Review and approval of a personnel
action by the CRA Executive Director.
• APPEAL — A request by a regular employee for consideration by the
CRA Executive Director or Designee as applicable.
• CLASSIFICATION PLAN — A Systemic arrangement of positions with a
similar range of duties, level of responsibilities and nature of work
preformed.
• CONTINUOUS SERVICE — Employment that is uninterrupted by
separations of employment, layoffs, etc.
• CONTRACT EMPLOYEE — An employee under an individual
employment contract with the CRA Board. Contract employees do not
have any rights or benefits other than what is specifically stated in their
individual employment contract.
• DEMOTION — 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.
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• DISMISSAL — The discharge of an employee from his /her position with
the CRA. The terms termination and dismissal are interchangeable.
• EMPLOYMENT CONTRACT — An individual contract that provides a
non - regular employee with a written agreement of employment terms.
• EXEMPT EMPLOYEE — Any employee whose position is ineligible for
overtime as determined by the Fair Labor Standards Act ( "FLSA ").
• FULL -TIME EMPLOYEE — A regular employee who is scheduled to
work a minimum of thirty -six (36) hours per week.
• GRIEVANCE — Formal notice of dissatisfaction by a regular employee
who feels he / she have been unjustly treated in cases regarding their
employment.
• HIRE DATE — An employee's date of hire or re -hire, whichever is later.
• IMMEDIATE FAMILY — Is defined as follows: father, mother, brother,
sister, spouse, child, father -in -law, mother -in -law, brother -in -law, sister -
in -law, son -in -law, daughter -in -law, grandchild, grandparents or foster
parents, foster child, step- mother, step- father or step child of an
employee. A domestic partner shall be considered the same as a
spouse.
• INITIAL PROBATIONARY PERIOD — A ninety (90) day calendar
period of time beginning with the employee's hire date. Leaves or
breaks in service without pay for more than fifteen (15) working days
may cause this date to be extended by the actual number of work days
missed. During the Initial Probationary Period, an employee may be
terminated without notice and without cause.
• JOB ANNIVERSARY / CLASSIFICATION DATE — the effective date of
a promotion or demotion action.
• LAYOFF — Dismissal from employment because of shortage of work or
funds, or because of changes in the organization.
• NON - EXEMPT EMPLOYEE — Any hourly employee whose position is
eligible for overtime after forty (40) hours of work per week as
determined by the Fair Labor Standards Act.
• OVERTIME PAY — Pay for overtime or compensatory time worked in
excess of a non - exempt employee's forty (40) hour workweek.
• PART -TIME — Appointment to a position that usually requires a
working schedule less than thirty -six (36) work hours per week.
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• PAY PLAN - A formal schedule of pay ranges containing a minimum,
mid point and maximum value for all job descriptions.
• PAY RANGE —The minimum and maximum pay established by the
CRA Board for budgeted positions.
• PERFORMANCE APPRAISAL — Assessment of how well an employee
has performed during a period of time.
• POSITION PROBATIONARY PERIOD — A ninety (90) day calendar
period of time beginning with the effective date of a promotion or
demotion of a regular employee. Leaves or breaks in service without
pay for more than fifteen (15) working days may cause this date to be
extended by the actual number of work days missed. During the
Position Probationary Period, an employee may be returned or
demoted to their former position without notice and without cause.
• PROBATIONARY EMPLOYEES — Any employee who is serving in a
new position either by appointment, promotion or demotion.
Promotions or demotions occurring within the established initial
probationary period shall cause an employee to begin a new initial
probationary period.
• PROMOTION - 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.
• RECLASSIFICATION - The change of a job classification due to a
change in or an increase or decrease in the assigned duties and
responsibilities of the position.
• REGULAR EMPLOYEE — An employee who has achieved regular
status after completing the established or applicable probationary
period.
• SUSPENSION — The separation with or without pay of an employee for
a period of time. Exempt employees shall be subject to no less than
one week suspensions without pay.
• TEMPORARY EMPLOYEE — An employee in a position other than
regular full -time or part -time who works less than forty (40) hours per
week.
• TEMPORARY POSITION — All positions that are not designated
regular budgeted positions.
(W • VACANCY — An existing or newly created position, which is not
occupied.
Page 7 of 90
WORKWEEK — The established forty (40) hour period of time that
constitutes the workweek for Fair Labor Standards Act purposes. Non-
exempt employees are not eligible for overtime compensation until
after completion of forty (40) hours in the workweek.
1 -5 HUMAN RESOURCES ADMINISTRATION:
The CRA Board
A. Considers and adopts the Human Resources Policy & Procedure Manual.
B. Approves recommended Classification and Pay Plan(s) as needed.
C. Approves appointments and removals for positions that require
employment contract.
D. Authorizes all new CRA positions, assigns funding for pay ranges and
authorizes recruitments.
The CRA Executive Director
A. Is responsible to the CRA Board for the administration of the Human
Resources Policy and Procedure Manual.
B. Recruits, appoints, promotes, transfers or removes, demotes, suspends,
dismisses or disciplines all subordinate employees.
C. Performs all duties and exercises all powers in personnel.
D. Administers the recommended and approved pay plan.
E. Administers an effective payroll system.
F. Develops and implements effective training programs for employees.
G. Recommends such policies or revisions in compliance with prevailing
legislation.
H. Administers the employee benefits programs.
I. Administers an effective disciplinary program.
J. Administers an effective performance appraisal program.
K. Prepares and recommends to the CRA Board job descriptions,
classification and pay plans and amendments or revisions.
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L. Encourages employees to promptly and honestly report any incidents or
allegations of workplace risks or wrongdoing to their supervisor or other
appropriate CRA personnel.
SECTION 02: RECRUITMENT, SELECTION & EMPLOYMENT
The CRA Hiring and Termination Policies and Procedures Manual is
incorporated herein (see Appendix).
2 -1 EQUAL EMPLOYMENT OPPORTUNITY ( "EEO ") STATEMENT:
The CRA is an Equal Opportunity Employer and prohibits discrimination
because of race, color, creed, religion, national origin, sex, age, political
affiliation, handicap (except where such factor is a bona fide occupational
1 qualification or is required by State and /or Federal law), sexual orientation,
marital status, or veteran status in all aspects of its personnel policies,
programs, practices, recruitment, examination, appointment, training,
j promotion, retention or any other actions and operations. The principles and
i policies of equal employment opportunity apply to the selection and treatment of
�W independent contractors, temporary personnel or any other persons doing
business for or with the CRA. Employees who feel they have been
discriminated against should contact the Executive Director, the CRA
i designated human resources representative or a Board member. Any CRA
employee who discriminates against another employee in violation of this policy
is subject to discipline up to and including termination.
In accordance with Equal Employment Opportunity Commission (EEOC)
regulation, the CRA asks that all employees voluntarily self identify race and
ethnicity to the extent necessary to ensure that the CRA is in full compliance
with federal and state civil rights laws and regulations, and in turn protecting the
rights of all employees from discrimination. If an employee declines to self -
identify, employment records or observer identification may be used.
Purpose:
The purpose of this Policy is to reaffirm the CRA's position regarding non-
discrimination in all matters.
Provisions:
All recruitment activities, hiring, training, employment decisions, and personnel
actions will be based on valid qualifications without regard to race, color, religion,
sex, national origin, age, handicap, or marital status.
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Implementation of Policy:
The staff of the CRA will be responsible for the dissemination of this policy.
Directors, managers and supervisors are responsible for implementing equal
employment practices within each department. The Executive Director or his /her
designee is responsible for the CRA's overall compliance and shall maintain
personnel records in accordance with regulatory compliance. CRA practices
identified herein include:
A. The CRA will display posters regarding equal employment
opportunity in areas highly visible to employees.
B. All advertising for job applicants includes the statement "An
Equal Opportunity Employer - M /F /DN."
2 -2 RECRUITMENT:
The CRA Executive Director shall implement effective EEO hiring procedures.
The CRA Board approved Classification and Pay Plan shall be utilized by the
CRA Executive Director to start the recruitment and selection procedures. Job
vacancies shall be posted in such a manner and in such publications and media
(W to promote an adequate pool of applicants. All employment discussions are to
be considered non - obligatory, exploratory, and tentative in nature and indicated
as such to applicants. Only authorized offers of employment made to individuals
are binding on the CRA.
2 -3 EMPLOYMENT APPLICATIONS:
Individuals desiring consideration for employment may submit a letter of
interest, or a resume to the CRA Executive Director and /or the CRA staff
Human Resources ( "HR ") Designee. All applicants submitting a resume or letter
of interest and granted further consideration shall complete an application for
employment prior to any job offer.
Applications will only be accepted when a vacancy occurs. Applications will be
retained in accordance with Public Records laws.
Applications must be signed and certified by the applicant. Incomplete
applications will not be accepted.
When a vacancy occurs, previously submitted applications on file may be
updated for consideration, in addition to all new applications and resumes
received until the established closing date or until the vacancy is filled.
Page 10 of 90
2 -4 SELECTION PROCEDURES:
Selection processes may consist of one or more of the following:
A. Background investigations, including motor vehicle driving record and
criminal history check and credit check.
B. Reference checks.
C. Performance examination.
D. . Review, evaluation and verification of education, training, and experience.
E. Any other applicable criteria which will fairly assess the abilities of
individuals to perform the duties required for the position.
Applicants considered for employment may be subject to pre - employment
controlled substances screening. Applicants testing positive for any of the
specified drugs will not be eligible for employment. Such applicants may not be
considered for employment for a period of two (2) years following a positive
drug test.
2 -5 TYPE OF EMPLOYEES:
CRA employees are divided into two groups, contract and non - contract.
Contract employees are individuals hired by a direct employment contract for a
specified duration of time that may or may not be budgeted by the CRA Board.
Noncontract employees fill regular budgeted positions as authorized by the
CRA Board and are not otherwise designated as contract employees. Unless
otherwise provided by contract, employment with the CRA is "at -will' and may
be terminated by either party for any reason or no reason. Successful
completion of a probationary period does not conclude or alter the "at- will'
relationship.
2 -6 DISQUALIFIED PERSONS:
The CRA will consider Florida Statue 112.3135 in an effort to prevent hiring
practices which result in conflicts of interest.
2 -7 INTERVIEWING PROCESS:
Upon receipt of resumes and /or applications, the HR Designee will review and
rank them in order of most qualified to least qualified and present the list to
CRA Executive Director for review. At the direction of the CRA Executive
Director, references will be called and background checks performed for the top
candidate(s). Upon review of the reference notes by the CRA Executive
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Director, the HR Designee will then set up candidate interviews with the CRA
Executive Director and /or HR Designee and other appropriate CRA staff.
Interviews requested by the CRA for Contract Position(s) with the CRA which
require the interviewee to travel more than 100 miles, but are less than 300 will
be reimbursed by the CRA for mileage at the applicable annual rate as
designated by the Internal Revenue Service, and Per Diem expenses at the
current rate designated for CRA employees.
Interviews requested by the CRA for Contract Position(s) with the CRA, which
require the interviewee to travel of more than 300 miles will be reimbursed by
the CRA at reasonable and customary rates for airline fares, hotel expenses,
Per Diem expenses (at the current rate designated for CRA employees), and
rental car expense (from airport to the CRA interview location and back to the
airport).
2 -8 RECOMMENDATION FOR EMPLOYMENT:
Once the interview process has revealed a suitable applicant and the reference
checks have been completed and screening steps appear satisfactory, the CRA
Executive Director is authorized to then hire that applicant for employment. The
employment offer is to be made in writing and mailed or electronically submitted
to the applicant. The offer can also be made verbally from the CRA Executive
Director or HR Designee, but must be confirmed in writing to the applicant.
2 -9 EMPLOYMENT ACCEPTANCE:
Upon receiving an offer for employment, the applicant must make employment
acceptance within three (3) working days of the employment offer, unless
otherwise extended by the CRA Executive Director (maximum of 5 working
days). If employment acceptance is declined, the CRA Executive Director may
consider another applicant from the recruitment's applicant pool, or may choose
to begin a new recruitment process.
After starting employment, all new CRA employees must provide proof of work
eligibility and verification of identity to the CRA, in accordance with prevailing
laws. Employees are responsible for reading, understanding, and abiding by all
CRA policies and procedures, as amended from time to time.
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2 -10 DISQUALIFICATION FOR EMPLOYMENT:
The CRA may reject an applicant who does not possess the minimum
qualifications required for the position. Failure to meet the physical
requirements necessary to perform the essential functions for a particular job as
determined by the CRA will also result in disqualification, if a reasonable
accommodation for an otherwise qualified individual with a disability cannot be
reached, or would create an undue hardship. Fraudulent conduct, false
statements, or omissions by an applicant or by others on behalf of the applicant
with the applicant's knowledge, in any application or examination, may be
cause for the disqualification of such applicant, or termination from the CRA
employment.
SECTION 03: EMPLOYMENT PROVISIONS
3 -1 PROBATIONARY PERIOD:
All CRA new hires shall be in a probationary status for a period of ninety (90)
calendar days, unless extended by the CRA Executive Director. At the
discretion of the CRA Executive Director, probationary statuses may be
extended up to six (6) months upon written notification to the employee. This
trial working period shall be utilized to observe an employee's performance. All
promotion or demotion appointments effected within the initial probationary
period shall cause the employee to begin serving a new ninety (90) day initial
probationary period. All promotional appointments occurring after the ninety
(90) day initial probationary period has occurred shall be deemed as position
probationary periods; employees not successfully completing this position
probationary period shall be returned to their previous classification status
without appeal benefits. If either initial or position probationary periods are
extended, no wage or salary increases shall be affected during the extension
periods. Awards granted after the extensions shall not be retroactive. A
probationary employee who has not successfully passed the established initial
probationary period in any classification may be terminated without notice or
without cause by the CRA Executive Director. The completion of a probationary
period does not guarantee continued employment, nor does it alter in any way
the at -will status of the employment relationship.
3 -2 TERMINATIONS:
Termination of employment can be made at any time, with or without cause,
and shall be made in writing and need not reflect performance- related reasons.
If an employee's employment is terminated, the employee shall be entitled to
reimbursement for as -yet non - reimbursed expenses; accrued and unused
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vacation, sick and comp time; and ninety (90) days of severance pay. Medical,
dental, vision and life /disability benefits will be paid by the CRA through the last
day of the month following the completion of the ninety (90) day severance
period.
3 -3 PERFORMANCE EVALUATIONS:
A. General Provisions
The employee's performance evaluation is designed to examine, review
and document work performance. The ratings shall be set forth on the
applicable performance evaluation form. Each employee shall be given a
copy of the evaluation form, shall have the opportunity to discuss it with
the employee's supervisor, and comment on the evaluation in writing.
Employees may appeal their evaluation to the CRA Executive Director
within five (5) working days of receiving their performance evaluation.
Such appeals must state the reason for the appeal, the facts supporting
the employee's case, and any other pertinent information relevant to the
matters at hand. The CRA Executive Director shall schedule an appeals
meeting within fifteen (15) working days of receipt of the appeal, preside
over the appeals meeting, and render a decision on the matter within
fifteen (15) working days of the appeals meeting. All decisions of the CRA
Executive Director are final.
B. Frequency of Performance Evaluations
Performance evaluations are completed annually with the first coinciding
with the successful passing of the initial probationary period and /or
position probationary period, and annually thereafter coinciding with
CRA's fiscal year, i.e. by September 30th. Special evaluations may be
conducted at any time with the approval of the CRA Executive Director.
C. Performance Evaluation Rating Procedure
The direct supervisor of the employee shall be responsible for obtaining
the appropriate evaluation form and completing the evaluation. An
employee must sign and date the completed evaluation form indicating
that he /she has discussed and received a copy. The signature does not
mean he /she agrees with the evaluation. If the employee refuses to sign
the form, it should be so indicated by the CRA Executive Director or direct
supervisor in the space provided for the employee's signature.
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3 -4 HARASSMENT AND SEXUAL HARASSMENT
The CRA is committed to a professional work environment in which all
individuals are treated with respect and dignity and is free of unlawful
harassment and discrimination. Each individual has the right to work in an
atmosphere that promotes equal opportunities and prohibits discriminatory
practices including sexual and other forms of harassment. Prohibited are
offensive behaviors based on race, religion, age disability, sex, sexual
orientation, national origin, and other protected class status.
i
A. Scope
This policy applies to all applicants, staff members, vendors, consultants,
and guests. Any employee who engages in such conduct or encourages
such behavior by others shall be subject to disciplinary action up to and
including dismissal.
B. Definition
Sexual harassment is defined as unwelcome sexual advances, requests for
sexual favors and other verbal or physical conduct of a sexual nature when for
example: (1) submission to such conduct is made either explicitly or implicitly a
term or condition of an individual's employment; (2) submission to or rejection
of such conduct by an individual is used as the basis for employment
decisions affecting such individual; (3) such conduct has the purpose or effect
of unreasonably interfering with an individual's work performance or creating
an intimidating, hostile or offensive working environment.
C. Behaviors
Sexual harassment may include a range of subtle and not so subtle behaviors
-- and may involve individuals of the same or different gender. Depending on the
circumstances these behaviors may include, but are not limited to: unwanted
sexual advances; subtle or overt pressure for sexual favors; sexual jokes;
innuendoes; advances or propositions; verbal abuse of a sexual nature; graphic
commentary about an individual's body, sexual prowess or sexual deficiencies;
leering, whistling, touching, pinching, assault, coerced sexual acts, or
suggestive, insulting or obscene comments or gestures; display in the
workplace of sexual suggestive objects or pictures; and other physical, verbal,
or visual conduct of a sexual nature.
D. Reporting an Incident of Harassment
I
Whether they are the victim, a witness or someone who receives information
regarding harassment, it is the duty of all employees to report harassment to
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their direct supervisor. Employees should also direct any questions concerning
the CRA's harassment policy to their direct supervisor. If the Direct supervisor
is involved in the complaint or report, or if the employee feels uncomfortable
communicating their report or question to a direct supervisor, reports or
questions should be immediately directed to the Executive Director, the CRA's
Human Resources designee or members of the Board.
E. Administrative Investigation
Reported allegations of harassment will be investigated promptly. A written
statement will be requested of the complainant.
The investigation will be handled with sensitivity and confidentiality to the extent
allowed by law and to the extent practical and appropriate under the
circumstances.
An employee found to have provided false or misleading information, or who
does not fully cooperate with an investigation may be subject to disciplinary
action.
The CRA will provide an administrative response that will indicate corrective
actions, if any, to the employee filing the complaint and to the individual(s)
involved the harassment.
F. The CRA will make every effort to ensure that individuals named in a
harassment complaint or closely associated with employees involved in the
complaint will not conduct the investigation. If necessary for completion of a fair
investigation, the CRA may, at its discretion, engage a neutral third party to
conduct investigations of harassment complaints.
G. Retaliation
Retaliation against an individual for reporting alleged harassment or assisting in
providing information relevant to a claim of sexual harassment is a serious
violation and will be treated with the same strict discipline, as would the
harassment itself. Acts of retaliation should be reported immediately and will be
promptly investigated. Training shall be conducted on a periodic basis to raise
awareness of harassment issues and remedies of same.
H. Disciplinary Action
Violations of this policy may result in disciplinary action as follows:
1. Findings of false or malicious statements intended to harm
another individual shall result in immediate disciplinary action.
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2. Failure to act upon gaining knowledge of violations of this policy may
result in disciplinary action.
3. Failure to truthfully cooperate with an investigation of this nature may
result in disciplinary action.
I. "Unintentional' harassment
This policy is not intended to interfere with or discourage friendship or social
discourse among employees. However, employees must be sensitive to
comments, acts or conduct that would likely be considered offensive by others.
Even conduct that is not intended to constitute "harassment" may violate the
terms of this policy. If an employee expresses concerns that the behavior of
another employee may have violated this policy, all employees should respect
those concerns.
3 -5 WORKPLACE VIOLENCE POLICY
The CRA provides a safe workplace for all employees and is committed to
preventing workplace violence. To ensure a safe workplace and to reduce the
risk of violence, all employees should review and understand all provisions of
this workplace violence policy.
Based on its commitment to preventing workplace violence, the CRA has
adopted the following guidelines to deal with intimidation, harassment, or other
threats of (or actual) violence that may occur and all provisions of this
workplace violence policy.
A. Scope
All full -time and part -time, active employees are covered under this policy.
B. Prohibited Conduct and Behavior
We do not tolerate any type of workplace violence committed by or against
employees. Employees are prohibited from making threats or engaging in
violent activities.
This list of behaviors, while not inclusive are prohibited:
• Causing physical injury to another person;
• Making threatening remarks;
• Aggressive or hostile behavior that creates a reasonable fear of injury to
another person or subjects another individual to emotional distress;
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• Intentionally damaging employer property or property of another
employee;
• Possession of a weapon while on CRA property or while on CRA
business;
• Committing acts motivated by, or related to, sexual harassment or
domestic violence.
C. Reporting of Incidents
All threats or actual violence, both direct and indirect, should be reported as
soon as possible to your immediate supervisor or member of management. This
includes threats by employees, as well as threats by customers, vendors,
solicitors, or other members of the public. All suspicious individuals or activities
should also be reported as soon as possible to a supervisor. Do not place
yourself in peril. If you see or hear a commotion or disturbance, do not try to
intercede or see what is happening. There are often warning signs of violence
in the workplace. Please review the following list of warning signs, keeping in
mind that demonstration by an individual of one or more of the actions below
does not necessarily indicate violence.
(W • Increase in use of alcohol or any use of drugs.
• History of violent or aggressive behavior.
• Displays of a loss of control, (e.g., frequent loss of temper for
unsubstantiated reasons, or over minor issues).
• Making any threats (serious, joking or veiled).
• Intimidating others by any means.
• Expressing a strong desire for a personal or romantic relationship with a co-
worker who does not reciprocate.
• Expressing a consistent and strong feeling of being "disrespected ". Harboring
resentment for criticism.
• Expressing desperation, frustration or depression over recent professional,
personal or financial problems.
• Fascination with other recent incidents of violence and approval of the use of
violence.
• Disregard for personal safety.
• Demonstrating a lack of conscience by cruelty towards others or animals.
r • Vandalism.
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• Failure to acknowledge the rights or feelings of others.
• Having been bullied or a victim of violence by others.
Any potentially dangerous situations must also be reported immediately to a
supervisor, the HR designee or Executive Director. Reports can be made
anonymously and all reported incidents will be investigated. When reporting a
threat of violence or violent act, the employee should be as specific and
detailed as possible.
Reports or incidents warranting confidentiality will be handled appropriately and
information will be disclosed to others only on a need -to -know basis. All parties
involved in a situation will be counseled and the results of investigations will be
discussed with them. The CRA will actively intervene at any indication of a
possibly hostile or violent situation.
Any employee who obtains a restraining order against any person must
immediately notify their direct supervisor. The CRA is committed to providing a
safe workplace for all employees and can only do so if it receives information
concerning individuals who are required to maintain a distance from CRA
property and /or employees.
(W D. Procedures
All employees should be treated with courtesy and respect at all times.
Employees are expected to refrain from fighting, "horseplay," or other conduct
that may be dangerous to others. Firearms, weapons, and other dangerous or
hazardous devices or substances are prohibited on the work premises of the
CRA without proper authorization.
Violence or the threat of violence that intimidates, or coerces an employee or a
member of the public will not be tolerated. This prohibition includes all acts of
harassment, including harassment that is based on an individual's sex, race,
age, or any characteristic protected by federal, state or local law.
If you witness a violent situation or are dealing with a threatening or violent
person do not place yourself in danger or try to intercede. The following actions
have proven to be effective:
• Remain calm.
• Keep a distance of at least 6 feet if possible.
• Do not touch the threatening or violent individual.
• Maintain eye contact, without "staring them down ".
• Actively listen and respond to the individual.
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If a supervisor or other appropriate authority can be safely notified of the
situation without endangering others, do so.
E. Investigation
The CRA will promptly and thoroughly investigate all reports of threats or actual
violence as well as suspicious individuals or activities. The identity of the CRA
individual making a report will be protected as much as is practical. In order to
maintain workplace safety and the integrity of its investigation, the CRA will
suspend employees, either with or without pay depending on the investigation
and circumstances.
F. Disciplinary Action
Anyone who it is determined to be responsible for threats or actual violence or
other conduct that is in violation of these guidelines will be subject to prompt
disciplinary action up to and including termination of employment.
The CRA encourages employees to bring disputes or differences with other
employees or others to the attention of their supervisors, the HR designee or
Executive Director before the situation escalates. The CRA is committed to
assist in the resolution of disputes.
3 -6 FORMAL GRIEVANCES:
It is the policy of the CRA to anticipate and avoid occurrences of formal
grievances and to deal promptly with formal grievances that may arise.
Employees who believe they have suffered wrongdoing by another employee or
supervisor should not confront any individual by whom they believe they have
been wronged. Any grievance against another employee or supervisor must be
submitted in writing pursuant to this policy. All formal grievances must be in
writing and must include the nature of the grievance and all the facts supporting
the grievance. This written document must be submitted to the employee's
direct supervisor, unless the supervisor is the party named in the grievance or
closely associated with the party named in the grievance. If the employee is not
comfortable reporting to a supervisor, the employee may file a grievance with
an HR designee or Executive Director.
The primary purpose of this grievance procedure is to determine what is right,
not who is right. Free discussion between employees and the HR Designee will
lead to better understanding of practices, policies and procedures, which affect
employees. Discussion will serve to identify and help eliminate conditions,
which may cause misunderstandings prior to the filing of written formal
grievances.
The CRA Executive Director shall establish rules for the processing of formal
grievances. Rules may be amended from time to time, but should have as their
objective the prompt and efficient disposition of a formal grievance. Formal .
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grievances are to be initiated by employee within ten (10) working 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. Decisions by the HR Designee can be appealed to
the CRA Executive Director. In the event the grievance involves the CR
Executive Director, the employee can request the decision be a A
CRA Board Designee. appealed to the
The decision of the CRA Executive Director or CRA Board Designee regarding
the disposition of the grievance is binding and not subject to further review o
consideration.
3 -7 PERSONNEL ACTIONS:
A. Promotion
Upon promotion, an employee shall receive an increase to the minimum
pay
rate of the new position, or up to 10 %, whichever is higher. In no case shall the
new salary exceed the maximum pay established for the position. Promoted
employees shall serve a ninety (90) day
�W be demoted without notice and without cause during Position probationary
ti may
period. p ationary
B. Demotion
Upon demotion, an employee shall receive a decrease in pay of a minimum of
5 %, or up to 10% if previously promoted to the higher level classification and
awarded that amount for the promotion action, or rgreater if a higher amount of
decrease is necessary in order not to exceed the maximum rate of pay for the
lower level position. In no case shall the new lower pay rate exceed the
maximum of the pay range established for the lower level position.
There may be circumstances which result in demotion that are not due to the
employee's job performance, conduct, and /or disciplinary
include, but are not limited to, organization restructuring and actions.
se
operating revenues. Such demotion shall not be punitive and pay adjustments
will be determined by the CRA Executive Director. The Executive Director may
choose to make the employee's pay at the lower level position no greater than
the maximum established for the position; however, the Executive Director may
also set the pay level to exceed the maximum for the Position y
circumstances. p n in special
C. Demotion Approvals and Appeal
r All demotions and resulting adjustments in an employee's pay rate shall receive
the prior review and approval of the CRA Executive Director. Demoted
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employees not serving within an established probationary period may appeal
the demotion action in writing within two (2) working days of written notification
of the demotion. The CRA Executive Director shall schedule an appeals
meeting within ten working (10) working days of receipt of the employee appeal.
The written appeal must state the reason for the appeal and all facts supporting
the appeal. The CRA Executive Director shall preside over the appeals meeting
and render a decision within twenty (20) working days of the appeals meeting.
The demotion action shall be effective regardless of any appeal request. The
demotion may then be overturned by the CRA Executive Director when a
decision has been made. The decision of the CRA Executive Director is binding
and not subject to further review or consideration.
3.8 CODE OF CONDUCT & DISCIPLINARY PROVISIONS:
A. Purpose
The CRA anticipates that its employees will conduct themselves appropriately,
both on and off the job. As a service entity, we must treat our customers in a
courteous and respectful manner at all times and our conduct must be
consistent with the CRA's goals and objectives.
We recognize, however, that there will be instances when employees may act
in a manner that is not consistent with the CRA's goals and objectives and the
CRA Board's expectations. To address these situations, a disciplinary process
has been developed to enable the CRA Executive Director to resolve issues
related to unacceptable performance and misconduct.
The CRA's goals in establishing such a process are both to ensure that
employees understand the potential consequences of inappropriate behavior
and to assist them in recognizing the severity of such consequences, with the
hope that disciplinary sanctions, if required, will encourage the individual to
personally resolve whatever concerns exist with respect to either inadequate
performance or personal misconduct.
All employees of the CRA have a duty to promptly report actual or suspected
occurrences of illegal or unethical behavior or workplace wrongdoing by other
employees or supervisors; and may do so without fear of retaliation or
retribution. The CRA prohibits retaliation against any employee because of the
employee's good faith reporting of such activities. Any CRA employee,
regardless of title or position, who engages in such prohibited retaliation is
subject to disciplinary action, including termination.
B. Provisions
1. Conduct unbecoming of a CRA employee is defined as employee
behavior or actions, on the part of the employee, which hinders or
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jeopardizes the successful operation of the CRA, undermines
teamwork and cooperation among CRA employees, or undermines
the public confidence in the CRA or its employees.
2. Counseling and written reprimands should be utilized as an
element to motivate employees to choose behavior conducive to an
individual's growth, development and most importantly, to insure
the successful operation of the CRA and its services. 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.
3. 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.
4. A number of factors should be considered in determining the
appropriate level of discipline to be taken at each successive step.
Such factors may include time intervals between offenses,
(W effectiveness of prior disciplinary actions, insubordination,
employee willingness to improve, overall work performance and
( teamwork.
5. Certain misconduct is so contrary to the public interest that
dismissal shall be the only appropriate disciplinary measure.
6. The level of misconduct may differ in individual cases from
apparently similar incidents. The CRA retains the right to treat
each occurrence on an individual basis without creating a
precedent for situations which may arise in the future. This
case -by -case method is designed to take individual circumstances
and /or mitigating factors into account. These provisions are not to
be construed as a limitation upon the retained rights of the CRA,
but are to be used as a guide.
7. The failure of immediate supervisors to document and /or take
disciplinary actions for misconduct, or the failure to forward the
completed disciplinary documents to CRA Executive Director shall
serve as grounds for disciplinary action.
8. After a period of one year for a Verbal Warning, two years for a
Written Reprimand, and five years for a Suspension, discipline will
not be considered for purposes of future disciplinary actions or
promotions. However, these items will remain in the employee's
personnel file. Verbal warnings or verbal reprimands are not
(W considered as disciplinary action.
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C. Examples of Misconduct
The following types of infractions, offenses, or misconduct shall represent
employee noncompliance with rules, regulations, policies, practices or
procedures of the CRA, or employee wrongs or offenses which ' violate
permissible behaviors or are specifically prohibited by law. The listed
reasons are for informational purposes only and are not meant to be
exhaustive. Each disciplinary action shall be considered on a case -by-
case basis. The following are examples of violations which shall result in
disciplinary action:
1. Conduct unbecoming of a CRA employee, as specified in the
Definitions section.
2. Abuse of CRA policies including, but not limited to:
abuse of sick leave privileges, sick leave policy or excessive
absenteeism
• job abandonment defined as two or more work days without
reporting to work and without notification of the employee's
supervisor
• failure to notify CRA of current address and telephone number
within ten (10) calendar days of change
• failure to report any outside employment
• possession of a firearm or concealed weapon on CRA property
or while performing official CRA duties
• suspension or revocation of any required job - related licenses or
certifications
• use of abusive language to or about an employee, co- worker,
supervisor, or the public
• insubordination, meaning the failure to recognize or accept the
authority of a supervisor
• threatening, either verbally or physically, a co- worker or
supervisor.
3. Abuse of departmental procedures and work rules including, but
not limited to:
• failure to provide name and official title to any person
requesting same when performing work related duties
• habitual extension of lunch periods or break period
• habitually late for work without valid reason
• smoking in prohibited areas
• unauthorized solicitation, posting of material, or non - productive
behavior
• disrupting or hindering departmental operations
Page 24 of 90
• outside employment which conflicts, interferes or otherwise
hampers the performance of the employee in their CRA job
• unauthorized personal use of CRA equipment or funds
• improper use of CRA time for conducting personal or private
business
• other department rules as communicated by the CRA
Executive Director or supervisor.
4. Documented failure of a supervisor to perform duties required of
supervisory employees including recommending and /or taking
disciplinary actions when necessary.
5. Violation or disregard of CRA's Safety Policy and Procedures
including:
• unauthorized use or unsafe operation of CRA property,
equipment or vehicles.
• 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
the CRA Executive Director within 24 hours and /or completion
of necessary documentation.
i
6. Illegal, unethical or improper acts including:
• theft or removal of CRA property without proper authorization
• falsifying employment application or concealing information
during pre - employment screening or processing
• soliciting or accepting an unauthorized fee or gift
• giving false information, or failure or refusal to fully cooperate
or provide full, truthful information in CRA initiated
investigations
• possession, use or sale of illegal drugs, alcohol or prescription
medication which alters the employee's performance on the
job; or any confirmed positive drug test
• possession or use of alcohol while on duty; or reporting to
work under the influence of alcohol
• refusal to participate, if offered, in a drug /alcohol rehabilitation
program, and to sign and abide by a return to work agreement
when the CRA receives positive confirmed results on any CRA
ordered drug test such as workers' compensation, accident or
reasonable suspicion drug or alcohol testing refusal to submit
to a CRA sponsored drug or alcohol testing such as workers'
compensation, reasonable suspicion, follow up, or applicant
processes
• violating the CRA's Sexual Harassment policy through
interaction with another employee or a member of the public.
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D. Procedure
When an immediate supervisor becomes aware of conclusive evidence of the
need for employee discipline, he /she becomes responsible and shall investigate
the circumstances of the misconduct, or lack of performance, prior to deciding
upon the type of disciplinary action to be recommended or taken. Job
abandonment is cause for immediate dismissal with approval of the CRA
Executive Director. Documentation of the disciplinary investigation or of the
conduct shall be required on the part of the immediate supervisor in order to
establish appropriate records. The CRA Executive Director 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.
1. Administrative Review: Investigations of non - criminal violations conducted
in the absence of immediate or conclusive evidence involving any CRA
employee. These investigations shall be conducted by the CRA Executive
Director or designee, who shall obtain all sufficient information, including
documentation and /or sworn statements, in order to determine the
necessity or level of disciplinary action. The CRA Executive Director
assumes responsibility for acquiring any necessary sworn statements.
Administrative investigations shall be conducted expeditiously.
2. Criminal Investigations: Investigations conducted when criminal violations
are reportedly committed by any employee of the CRA. These
investigations shall be conducted by the local Police Department, in
collaboration with the CRA Executive Director.
In instances where an investigation of serious, unlawful or other extreme
misconduct is necessary, administrative and /or criminal investigations shall be
conducted.
The immediate supervisor, with the approval of the CRA Executive Director, may
initiate a three (3) working day or less suspension with pay to afford a supervisor
the opportunity to investigate an alleged incident of misconduct in the absence
of the employee. Suspensions with pay of more than three (3) working days
require the approval of the CRA Executive Director. This practice may also be
used in the event that alleged misconduct is severe but unproven. The
immediate supervisor shall immediately notify the CRA Executive Director of the
choice for suspension so that the suspension may be issued and the matter may
be immediately investigated.
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
l
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disciplinary in nature. A document confirming a favorable determination as to the
matter should be made a part of the employee's record.
E. Types of Action
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. Counseling
serves as a warning against further repetition of employee
behavior. Future violations will result in further discipline up to and
including termination.
A Disciplinary Action Form' should be completed by the immediate
supervisor. The employee shall be required to sign the form
signifying that he /she has read and discussed the contents with the
supervisor. The Disciplinary Action Form shall be forwarded to The
CRA Executive Director 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 on a separate sheet
I for inclusion in the record.
2. Written Reprimand
Consists of an immediate supervisor issuing a written notice of
reprimand to improve performance, work habits, . or behavior. A
written reprimand may include a complete description of the
incident(s) of misconduct, inappropriate behavior, work habits, or
performance which require improvement; previous records of
discussion; a time frame within which the employee must correct or
improve his /her behavior; and a warning that future violations will
result in further disciplinary actions up to and including termination.
Written reprimands shall be signed by the employee to
acknowledge receipt and forwarded to the CRA Executive Director
for retention in the employee's records, with a copy provided to the
employee. Employees may submit comments on a separate sheet
for inclusion in the record.
The employee may be required to complete a written plan for
correction of the behavior. When the written reprimand contains a
time frame for employee improvement, a follow -up discussion at the
end of the designated time period should be conducted. This follow -
up discussion will provide a specific opportunity to review the
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employee's improvement relative to the discipline. Written
reprimands should be reflected on the employee's performance
evaluation along with any noted improvements.
3. Suspension
Consists of an employee being prohibited from returning to work
until the specified period of suspension has passed. If the
suspension is greater than one (1) working day, it shall be issued
on a consecutive working day basis. Unless provided for otherwise
in this policy or disallowed by the Fair Labor Standards Act, all
suspensions shall be without pay.
Suspensions shall be used when an employee is removed from the
job due to extreme misconduct or unlawful behavior, or when
instances of previous discipline support a suspension for a
specified period of time. Employees shall be suspended pending
the outcome of a recommendation to terminate and shall remain
under suspension until the CRA Executive Director has made a
final determination in a pre- termination hearing, if elected by the
employee.
With the written authorization of the C
� RA Executive Director,
immediate supervisors have the authority to issue a suspension for
three (3) working days or less.
Suspensions beyond three (3) working days require prior
authorization by the CRA Executive Director. Suspensions due to a
recommendation to terminate only require the CRA Executive
Director's approval.
Employees being suspended 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. It shall
also include a statement that future violations will result in further
disciplinary actions up to and including termination.
It shall be the employee's responsibility to pay for insurance
benefits and /or any other payments previously paid through payroll
deductions during any suspensions without pay in order to maintain
such benefits during these periods. Lapses in payments may result
in forfeiture of such benefits.
Employees may submit comments on a separate sheet for inclusion
(W in the record. Written notification of a suspension shall be signed by
the suspended employee acknowledging receipt of the written
notification, and forwarded to the CRA Executive Director or
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CW
designee for inclusion in the employee's records, with a copy
provided to the employee.
4. Demotion
In the context of this policy, demotion consists of an employee being
involuntarily removed from higher level classification to a lower level
classification, with a resulting decrease in annual salary. Although
not limited to such instances, demotions may occur in some cases
because of an inability to fulfill the duties of the higher level job in a
satisfactory manner; or a failure to comply with employment
conditions, such as licensure or certification. In addition, during
position probation an employee shall be subject to demotion
without the CRA being required to state a reason. The employee
shall have access to the appeal process. A demotion will involve a
decrease in salary of not less than 5 %, commensurate with the
decrease in responsibilities.
Immediate supervisors should discuss the potential demotion of an
employee with the CRA Executive Director prior to a written
recommendation for demotion. The supervisor shall then submit the
(W written recommendation to the CRA Executive Director. Demotions
require authorization from the CRA Executive Director prior to being
effected.
Written notification of demotions shall be provided to the employee
by the CRA Executive Director. Such notices shall include the final
decision, the reason(s) for the decision, the employee's new
classification title, the new pay range and pay rate, and the
effective date of the demotion. Written notifications shall also
include that future violations will result in further disciplinary actions
up to and including termination of employment. All documentation
of a demotion shall be retained in the employee's file by the CRA
Executive Director. Employees may submit comments on a
separate sheet for inclusion in their personnel file.
Employees may voluntarily request a demotion to a lower level
classification. Such demotion shall not be punitive. Employees may
submit comments on a separate sheet for inclusion in the record.
Written notification of a demotion shall be signed by the employee
acknowledging receipt of the written notification, and forwarded to
the CRA Executive Director for inclusion in the employee's records.
` 4W
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5. Dismissal
Dismissal is a result of an employee's involuntary termination which
severs the employment relationship. Immediate supervisors shall
supply thorough documentation and discuss recommendations for
an employee's dismissal with the CRA Executive Director.
Dismissals of regular employees shall be effected only with the
authorization of the CRA Executive Director.
A written notice of the recommendation to terminate shall be given
to the employee in person. However, after two unsuccessful
attempts to deliver the notification, the notice shall be sent via U.S.
mail to the most recent address on record in the personnel file.
The recommendation to terminate and the CRA Executive
Director's notification letter shall be placed in the employee's
personnel file.
Initial probationary employees who have not successfully completed the
established probationary period shall be subject to dismissal without
cause and it shall be effective after authorization by the CRA Executive
Director. At the time of dismissal, employees are required to surrender to
their supervisor or designee all CRA property which may be in their
possession or custody and all other conditions for termination must be
complied with prior to issuance of final wages.
6. Inefficiency, Incompetence or Job Abandonment
The inefficiency or incompetence in the performance of assigned
duties may result in demotion or disciplinary action up to and
including termination. Examples of poor performance shall include
failure to provide responsive, courteous, high quality customer
service or repeated failure to support team goals and contribute to
team success.
Employees who receive an overall "Below Expectations"
evaluation shall be given a follow -up evaluation within sixty (60)
calendar days of the initial "Below Expectations" evaluation. More
than one overall rating of "Below Expectations" may subject
the employee to demotion or disciplinary action up to and
including termination. It is the responsibility of every employee to
perform at a minimum level of "Meets Expectations ".
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SECTION 04: CLASSIFICATION & PAY PROVISIONS
4 -1 CLASSIFICATION PROVISIONS:
Purpose of the Classification Plan - The classification plan provides for a
systematic arrangement of positions. The plan groups related positions into
classifications with a similar range of duties, level of responsibility, and nature of
work performed.
4 -2 PAY PROVISIONS:
Purpose of the Pay Plan - The pay plan shall provide the basis of compensation
for all employees and shall be administered and recommended for revision as
appropriate by the CRA Executive Director. The Pay Plan shall include:
A. Schedules of pay rates for each title in the classification plan consisting of
the minimum and the maximum hourly rate, and /or annual salary.
B. Identification of non - exempt and exempt classifications.
4 -3 HOURS OF WORK/ OVERTIME / COMPENSATORY TIME:
I
A. Hours of Work
Hours of work will be determined by the CRA Executive Director and shall
be uniform for all employees and be determined in accordance with the
needs of the services and operational needs of the CRA. Situations may
arise that may require employees to work additional hours without notice.
All employees are required to work additional hours when notified by the
CRA Executive Director of the need to work.
B. Overtime
Overtime hours are hours actually worked by non - exempt employees in
excess of a forty (40) hours per work week and must be authorized in
advance by the CRA Executive Director before such overtime is permitted.
Provisions of the FLSA shall be applied for non - exempt employees for
overtime purposes.
Hours that shall count towards overtime calculations only include those
hours "actually" worked. Annual leave, sick leave, holiday pay,
suspensions with pay, workers compensation leave, family medical leave,
funeral leave, jury duty, annual military leave and other absences from
work while in active pay status will not be counted as time actually worked
for purposes of determining whether overtime has been worked in excess
of forty (40) hours per week.
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C. Compensatory Time as Payment for Overtime Hours Worked
Compensatory time in lieu of overtime payment for non - exempt
employees can be awarded and earned at 1.5 hours for every hour of
overtime worked above 40 hours in lieu of cash compensation in
accordance with FLSA. Cash payments for overtime compensation may
be authorized at the discretion of the CRA Executive Director.
When exempt employees are required to work weekends for any reason
other than those stated above, they shall receive compensatory time in
lieu of overtime at 1.5 hours for every hour of overtime worked above 40
hours in lieu of cash compensation.
Accruals of compensatory time for exempt and non - exempt employees
may be accrued up to 240 hours and may be used by the employee
provided reasonable notice has been given to the CRA. Accruals in
excess of 240 hours will be forfeit. Upon separation the CRA will pay out
the accrued compensatory time up to a maximum of 240 hours. Cash
payments for overtime compensation may be authorized at anytime at the
discretion of the CRA Executive Director.
SECTION 05: EMPLOYMENT CONDITIONS
5 -1 OUTSIDE EMPLOYMENT:
Employees may engage in outside employment during off-duty hours when such
employment does not in any way interfere or create a potential conflict of interest
with their CRA employment. An employee, who wishes to engage in any outside
employment including self - employment, shall provide information concerning the
proposed employment to the CRA Executive Director for approval prior to
engaging in outside employment.
5 -2 CRA EQUIPMENT:
The personal use of any CRA equipment, such as computers, cameras, tools,
vehicles, etc., shall be prohibited unless otherwise approved in advance by the
CRA Executive Director. In addition, employees are not to use any CRA e -mail
addresses for receipt of personal mail.
5 -3 ADDRESS AND TELEPHONE NUMBERS:
„r Employees are required to report any change in address or telephone number to
the CRA Executive Director and HR Designee within ten (10) working days of the
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change. Failure to comply with this requirement may result in disciplinary actions
up to and including termination. The employee shall also maintain on a current
basis the name, address and telephone number of the person(s) to contact in
case of emergency.
5 -4 POLITICAL ACTIVITY:
No CRA employee shall take any active part in political campaigns or other
political activities during duty hours. In accordance with Florida Statutes, as
amended, employees are prohibited from engaging in certain types of political
activities while either on or off duty. Employees, in their private capacities, may
express their opinions on any political candidate or issue and /or participate in
campaigns during their off -duty hours; however, they are prohibited from using
their official authority or influence or appearance of doing so through the wearing
of CRA uniforms or official attire, or in CRA vehicles while participating in political
campaigns, for the purpose of aiding or interfering with an election or nomination,
or coercing or influencing another person's vote or affecting the result thereof.
No buttons, bumper stickers, pins, or any political signage shall be adhered to
CRA vehicles, or worn during the workday while on the job, or worn on CRA
official attire, or posted on or about CRA premises. Nothing herein shall be
construed to prohibit an employee's right to engage in casual workplace
discussions on social or political topics, so long as such discussions do not, in
the judgment of management of the CRA, interfere with the orderly, peaceful,
and efficient performance of assigned duties or with the valid exercise of
authority of management.
5 -5 RESIGNATION:
Resignation is the voluntary separation of an employee from employment
accomplished by serving a written notice expressing a decision to end
employment with the CRA. Such written notice shall be deemed to be accepted
immediately. An employee who wishes to leave in good standing shall provide at
least two (2) weeks notice, before leaving. Resignations may be rescinded only
with the written approval of the CRA Executive Director.
All employees who have completed their probationary period and given two
weeks written notice will receive their accumulated sick, vacation and
compensatory time .to date subject to the maximum accumulation times defined
in this policy and reimbursement for as yet non - reimbursed expenses. Medical,
dental, vision, and life /disability benefits will continue to be paid for in full by the
CRA through the last day of the month following ninety (90) days after the
effective date of resignation.
Employees who fail to report to work or fail to call in absent to their supervisor for
three (3) consecutive working days shall be deemed as having voluntarily
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resigned from employment. A letter of termination shall be mailed within two (2)
working days to the last known address of the employee, accepting their
voluntary resignation.
5 -6 DRUG FREE WORKPLACE:
General Statement of Policy on Employee Drug Use
It is the intent of the CRA to provide a Drug -Free Workplace, as provided in
Section 440.101, Florida Statutes, in order that employees be afforded the
opportunity to maximize their levels of productivity, enhance their competitive
positions in the marketplace, and reach their desired levels of success without
experiencing the costs, delays, and tragedies associated with work - related
accidents resulting from drug abuse. It is further the intent of the CRA that drug
abuse be discouraged and that employees who choose to engage in drug abuse
face the risk of unemployment and the forfeiture of workers' compensation
benefits.
In the case of abuse of illegal drugs or alcohol, the CRA may use constructive
disciplinary measures to motivate the employee to seek assistance. To the
extent that they are available, normal benefits, such as sick leave and the group
err medical plan, may aid in the rehabilitation process. Supervisory personnel are
responsible for assisting employees diagnosed with a substance abuse problem
in fully understanding the health benefits program. An employee's participation in
any program and the results obtained are kept in confidence. This information is
not subject to the "Government in the Sunshine Law."
The CRA is a participating employer in an Employee Assistance Program with
Counseling Services Associates (855) 272 -8880, through which, the CRA and all
of its employees may benefit. The Employee Assistance Program vendor may
change and employees should check with the CRA's HR designee to confirm the
current vendor. The CRA has available to all its employees a booklet explaining
not only the substance abuse program, but other problems for which counseling
services are available, such as interpersonal relationships with other employees,
mental disorders, financial difficulties or problems with children or spouses. The
CRA will hold in strict confidence any employee's participation in this program.
It is the intent of the CRA to comply with the requirements of section 440.102,
Florida Statutes and Chapter 38F -9, Florida Administrative Code. In the event of
a conflict between those requirements and this policy, the standards set forth in
section 440.102 and Chapter 38F -9, as amended from time to time, shall prevail.
No employee shall be terminated, disciplined, or discriminated against solely
upon the employee's voluntarily seeking treatment, while under the employ of the
CRA, for drug - related problems if the employee has not previously tested positive
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for drug use, entered an employee assistance program for drug - related
problems, or entered a drug rehabilitation program.
The CRA will not condone the following behavior by employees:
• Use of illicit drugs.
• Abuse of legal (prescription or over - the - counter) drugs or alcohol.
• Sale, purchase, transfer, use or possession of illegal drugs or
prescription drugs obtained illegally.
• All Supervisors are responsible for ensuring a safe working
environment within their departments and are, therefore, responsible
for reporting all incidents of possession, sale, distribution, or use of
illegal substances to their immediate superior. Employees found in
possession of an illegal substance on CRA property or while on CRA
business will be terminated.
Notice of Testing
One time only, prior to Drug testing, the CRA shall give all employees and job
applicants for employment a written policy statement which contains:
1. A general statement of the CRA's policy on employee drug use,
which must identify:
a. The types of drug testing an employee or job applicant may be
required to submit to, including reasonable- suspicion drug
testing or drug testing conducted on any other basis.
b. The actions the CRA may take against an employee or job
applicant on the basis of a positive confirmed drug test result.
2. A statement advising the employee or job applicant of the existence
of section 440.102, Florida Statutes.
3. A general statement concerning confidentiality.
4. Procedures for employees and job applicants to confidentially
report to a medical review officer the use of prescription or
nonprescription medications to a medical review officer both before
and after being tested.
5. A list of the most common medications, by brand name or common
name, as applicable, as well as by chemical name, which may alter
or affect a drug test.
6. The consequences of refusing to submit to a drug test.
(W
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7. A representative sampling of names, addresses, and telephone
numbers of employee assistance programs and local drug
rehabilitation programs.
8. A statement that an employee or job applicant who receives a
positive confirmed test result may contest or explain the result to a
medical review officer within 5 working days after receiving written
notification of the test result; that if an employee's or job applicant's
explanation or challenge is unsatisfactory to the medical review
officer, the medical review officer shall report a positive test result
back to the CRA; and that a person may contest the drug test result
pursuant to law or to rules adopted by the Agency for Health Care
Administration.
9. A statement informing the employee or job applicant of his or her
responsibility to notify the laboratory of any administrative or civil
action brought pursuant to this section.
10. A list of all drugs for which the employer will test, described by
brand name or common name, as applicable, as well as by
chemical name.
11. A statement regarding any applicable collective bargaining
�W agreement or contract and the right to appeal to the Public
Employees Relations Commission or applicable court.
12. A statement notifying employees and job applicants of their right to
consult with a medical review officer for technical information
regarding prescription or nonprescription medication.
Drug Testing
The CRA will conduct the following types of drug tests. Testing will be conducted
by the current vendor as identified by the CRA's HR designee. Employees
refusing to submit to urinalysis or blood testing will be considered in violation of
CRA policy and will be subject to personnel action up to and including
termination. All specimen collection and testing for drugs under this section shall
be performed in accordance with the procedures set forth in section 112.0455,
Florida Statutes.
1. Job applicant drug testing. The CRA requires job applicants for
safety sensitive positions to submit to a drug test and may use a
refusal to submit to a drug test or a positive confirmed drug test as
a basis for refusing to hire a job applicant.
2. Reasonable- suspicion drug testing. The CRA requires an
employee to submit to reasonable- suspicion drug testing when
(W there is a belief that an employee is using or has used drugs in
violation of the CRA's policy drawn from specific objective and
articulable facts and reasonable inferences drawn from those facts
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in light of experience. Among other things, such facts and
inferences may be based upon:
a. Observable phenomena while at work, such as direct
observation of drug use or of the physical symptoms or
manifestations of being under the influence of a drug.
b. Abnormal conduct or erratic behavior while at work or a
significant deterioration in work performance.
C. A report of drug use, provided by a reliable and credible
source.
d. Evidence that an individual has tampered with a drug test
during his employment with the CRA.
e. Information that an employee has caused, contributed to, or
been involved in an accident while at work. If an injured
employee refuses to submit to a test for drugs or alcohol, the
employee may forfeit eligibility for medical and indemnity
benefits under Chapter 440, Florida Statutes the Workers'
(W Compensation Law.
f. Evidence that an employee has used, possessed, sold,
solicited, or transferred drugs while working or while on the
CRA's premises or while operating the CRA's vehicle,
machinery, or equipment.
If drug testing is conducted based on reasonable suspicion, the CRA shall
promptly detail, in writing, the circumstances which formed the basis of the
determination that reasonable suspicion existed to warrant the testing. A
copy of this documentation shall be given to the employee upon request
and the original documentation shall be kept confidential by the CRA and
shall be retained by the CRA for at least one year.
3. Routine fitness - for -duty drug testing. An employee may be
required to submit to a drug test as part of a routinely scheduled
employee fitness- for -duty medical examination if such examination
is part of an established policy or is scheduled routinely for all
members of an employment classification or group.
4. Follow -up drug testing. If the employee in the course of
employment enters an employee assistance program for drug-
related problems, or a drug rehabilitation program, the CRA will
require the employee to submit to a drug test as a follow -up to such
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program, unless the employee voluntarily entered the program. In
those cases, The CRA has the option to not require follow -up
testing. If follow -up testing is required, it must be conducted at
least once a year for a 2 -year period after completion of the
program. Advance notice of a follow -up testing date must not be
given to the employee to be tested.
The CRA may test an employee or job applicant for a safety- sensitive
position for any drug. "Drug" means alcohol, including a distilled spirit,
wine, a malt beverage, or an intoxicating liquor; an amphetamine; a
cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen;
methaqualone; an opiate; a barbiturate; a benzodiazepine; a synthetic
narcotic; a designer drug; or a metabolite of any of the substances listed in
this paragraph. The CRA may test an individual for any or all of such
drugs.
Before and /or after testing, employees or applicants should provide to the
testing organization information on medication being taken. This
information is confidential, and the testing laboratory will take this
information into consideration. Please be advised that prescription pain
killers, diet prescriptions, tranquilizers, and cough medicines may contain
(W drugs for which tests are run. The testing laboratory can provide technical
information on prescription and non - prescription drugs as they affect the
tests. The following is an non - inclusive list of some of the over -the-
counter and prescription drugs could alter or affect the outcome of a drug
test:
1. Alcohol - All liquid medications containing ethyl alcohol (ethanol).
Please read the label for alcohol content. As an ' example, Vicks
Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof),
Contact Severe Cold Formula Night Strength is 25% (50 proof), and
Listerine is 26.9% (54 proof).
2. Amphetamines - Obetrol, Biphetamine, Desoxyn, Dexedrine,
Didrex.
3. Canabinoids (Marijuana) - Marinol (Dronabinol, THC).
4. Cocaine - Cocaine HCI topical solution (Roxanne).
5. Pencyclidine - not legal by prescription.
6. Methaqualone - not legal by prescription.
7. Opiates - Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol
with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin
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with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH,
Novahistine Expectorant, Dilaudid (Hydromorphone), M -S Contin
and Roxanol (morphine sulfate), Percodan, Vicodin, etc.
8. Barbiturates - Phenobarbital, Tuinal, Amytal, Nembutal, Seconal,
Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital,
Butabital, Phrenilin, Triad, etc.
9. Benzodiazepines - Activan, Azene, Clonopin, Dalmane, Diazepam,
Librium, Xanax, Serax, Tranxene, Valium, Vestran, Halcion,
Paxipam, Restoril, Centrex.
10. Methadone - Dolphine, Methadose.
11. Proposyphene - Darvocet, Darvon N, Dolene, etc.
Testi n
All specimen collection and testing for drugs under this section will be conducted
� by the current vendor as identified by the CRA's HR designee and shall be
performed in accordance with the requirements of Section 440.105(5), Florida
Statutes including the following procedures:
1. A sample shall be collected with due regard to the privacy of the
individual providing the sample, and in a manner reasonably
calculated to prevent substitution or contamination of the sample.
2. Specimen containers will be labeled so as to reasonably preclude
the likelihood of erroneous identification of test results. Specimen
collection, storage, and transportation to the testing site shall be
performed in a manner that reasonably precludes contamination or
adulteration of specimens.
3. A form for the employee or job applicant will be furnished to provide
any information the employee considers relevant to the test,
including identification of currently or recently used prescription or
nonprescription medication or other relevant medical information.
The form will include the most common medications by brand name
or common name, as applicable, as well as by chemical name,
which may alter or affect a drug test. The providing of information
shall not preclude the administration of the drug test, but shall be
taken into account in interpreting any positive confirmed test result.
4. The CRA shall pay the cost of all drug tests, initial and confirmation,
which the CRA requires of employees. An employee or job
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applicant shall .pay the costs of any additional drug tests not
required by the CRA.
Positive Tests: Actions and Consequences
1. Within 5 working days after receipt of a positive confirmed test
result from the medical review officer, the CRA shall inform an
employee or job applicant, in writing, of such positive test result, the
consequences of such results, and the options available to the
employee or job applicant. The CRA shall provide to the employee
or job applicant, upon request, a copy of the test results. For
purposes of this Section, "Medical review officer" shall be a
licensed physician, employed with or contracted with the CRA or
HR Department, who has knowledge of substance abuse disorders,
laboratory testing procedures, and chain of custody collection
procedures; and who has the necessary medical training to
interpret and evaluate an employee's positive test result in relation
to the employee's medical history or any other relevant biomedical
information
�w 2. Within 5 working days after receiving notice of a positive confirmed
test result, an employee or job applicant may submit information to
the CRA explaining or contesting the test result, and explaining why
the result does not constitute a violation of the CRA's policy.
3. If the employee's or job applicant's explanation or challenge of the
positive test result is unsatisfactory to the CRA, a written
explanation as to why the employee's or job applicant's explanation
is unsatisfactory, along with the report of positive result, shall be
provided by the CRA to the employee or job applicant; and all such
documentation shall be kept confidential by the CRA in accordance
with the provisions set forth later in this section and shall be
retained by the CRA for at least one year.
4. The CRA may not terminate, discipline, refuse to hire, discriminate
against, or request or require rehabilitation of an employee or job
applicant on the sole basis of a positive test result that has not
been verified by a confirmation test and by a medical review officer.
5. Every specimen that produces a positive, confirmed test result shall
be preserved by the licensed or certified laboratory that conducted
the confirmation test for a period of at least 210 days after the result
of the test was mailed or otherwise delivered to the medical review
officer. However, if an employee or job applicant undertakes an
administrative or legal challenge to the test result, the employee or
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job applicant shall notify the laboratory and the same shall be
retained by the laboratory until the case or administrative appeal is
settled. During the 180 -day period after written notification of a
positive test result the employee or job applicant who has provided
the specimen shall be permitted by the CRA to have a portion of
the specimen retested, at the employee's or job applicant's
expense, at another laboratory, licensed and approved by the
Agency for Health Care Administration, chosen by the employee or
job applicant. The second laboratory must test at equal or greater
sensitivity for the drug in question as the first laboratory. The first
laboratory that performed the test for the CRA is responsible for the
transfer of the portion of the specimen to be retested, and for the
integrity of the chain of custody during such transfer.
6. An employee found through testing to have an alcohol
concentration of 0.05 in his or her system while at work will be
immediately removed from his or her workstation and may be
terminated, disciplined or referred to the employee assistance
program (EAP) for counseling. An employee who is diagnosed as
having a mind - altering substance in his or her system while at work
and such results are verified by a confirmation test, will be put on
�W probation and may be subject to termination and /or forfeiture of his
or her eligibility for medical and indemnity benefits. If an accident
has occurred while the employee was under the influence of any
drug including alcohol, the employee faces the risk of forfeiture of
workers' compensation benefits.
7. At the discretion of the Executive Director, an employee can be
given the opportunity to participate in the CRA- approved assistance
program with continued employment conditioned on remaining
drug -free. Abstinence from drugs will be determined by random
follow -up blood and /or urine drug tests.
Confirmation Testinq
1. If an initial drug test is negative, the CRA may in its sole discretion
seek a confirmation test.
2. Only licensed or certified laboratories may conduct confirmation
drug tests.
3. All positive initial tests shall be confirmed using gas
chromatography /mass spectrometry (GC /MS) or an equivalent of
more accurate scientifically accepted method approved by the
Agency for Health Care Administration or the United States Food
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and Drug Administration as such technology becomes available in
a cost - effective form.
4. If an initial drug test of an employee or job applicant is confirmed as
positive, the medical review officer shall provide technical
assistance to the CRA and to the employee or job applicant for the
purpose of interpreting the test result to determine whether the
result could have been caused by prescription or nonprescription
medication taken by the employee or job applicant.
Confidentiality
1. Except as otherwise provided in this subsection, all information,
interviews, reports, statements, memoranda, and drug test results,
written or otherwise, received or produced as a result of a drug -
testing program are confidential and exempt from the provisions of
section 119.07(a) and section 24(a), Art. 1 of the State Constitution,
and may not be used or received in evidence, obtained in
discovery, or disclosed in any public or private proceedings, except
in accordance with this section or in determining compensability
under this chapter.
�W 2. The CRA, laboratories, medical review officers, ee em to
p Y
assistance programs, drug rehabilitation programs, and their agents
may not release any information concerning drug test results
obtained pursuant to this section without a written consent signed
voluntarily by the person tested, unless such release is compelled
by a hearing officer or a court of competent jurisdiction pursuant to
an appeal taken under this section or is deemed appropriate by a
professional or occupational licensing board in a related disciplinary
proceeding. The written consent must contain, at a minimum:
a. The name of the person who is authorized to obtain the
information.
b. The purpose of the disclosure.
C. The precise information to be disclosed.
d. The. duration of the consent.
e. The signature of the person authorizing release of the
information.
3. Information on drug test results shall not be used in any criminal
i proceeding against the employee or job applicant. Information
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released contrary to this section is inadmissible as evidence in any
such criminal proceeding.
4. This subsection does not prohibit the CRA, agent of the CRA, or
laboratory conducting a drug test from having access to employee
drug test information or using such information when consulting
with legal counsel in connection with actions brought under or
related to this section or when the information is relevant to its
defense in a civil or administrative matter.
5. The exemptions in this subsection are subject to the Open
Government Sunset Review Act in accordance with section 119.14,
Florida Statutes
Miscellaneous
1. If the CRA terminates or disciplines an employee or refuses to hire
a job applicant in compliance with this policy statement, such
termination or discipline or refusal is considered "for cause."
2. No physician - patient relationship is created between an employee
or job applicant and the CRA or any person performing or
evaluating a drug test, solely by the establishment, implementation,
or administration of a drug- testing program.
Employees injured in the course and scope of employment that test positive on
drug or alcohol tests may forfeit medical and indemnity benefits under Florida's
Workers Compensation. Refusal to take drug or alcohol tests also results in
forfeiture of medical and indemnity benefits under Florida's Workers
Compensation and automatic termination of employment. Reasonable
assistance is offered to employees who voluntarily recognize a substance abuse
problem. However, performance standards are upheld even if 'Below Expected'
performance is related to drug or alcohol use; such instances result in
disciplinary actions.
5 -7 Accommodations for Employees with Disabilities
Reporting Procedure
Individuals with disabilities may make a request for reasonable accommodations
to his /her direct supervisor or the CRA Human Resources designee. Upon
receipt of an accommodation request, Human Resources will meet with the
requesting employee to discuss and identify the precise limitations of job and /or
life functions resulting from the disability and the potential accommodations the
CRA might make to overcome those limitations.
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Feasibility
The CRA shall determine the feasibility and reasonableness of the requested
accommodations, the availability of tax credits and deductions, outside funding,
overall financial impact of accommodations and the potential impact on the
operation of the CRA, including the impact on the ability of other employees to
perform their duties.
Notification
The CRA will inform the requesting employee of its decision on the
accommodation request and, when appropriate, the steps necessary for making
the accommodation. A decision under this section shall be reviewable in
accordance with the grievance procedures outlined in Section 3 of this manual.
SECTION 06: EMPLOYEE BENEFIT PROGRAMS
6 -1 VACATION LEAVE:
i
A. Purpose of Vacation Leave
The purpose of vacation leave is to provide regular full -time exempt and non-
exempt employees with an opportunity to be absent from work for approved
reasons without loss of pay or benefits.
B. Accrual Rate and Maximum Accrual
Vacation leave is accrued based on the employee's length of service with the
CRA. New employees accrue vacation leave days retroactive to their hire date
and may begin to use such vacation leave accrual upon completion of the ninety
(90) day probationary period initiated with the employee's first day of
employment. Accrual rate, as outlined in the following table shall occur from the
date of initial employment and accrue per completion of the established pay
period cycle. All references to "years of service" are defined as "continuous"
years of service for the purposes of this policy.
Pay Annual Annual
Years of Service Period Hours Days
Accrual
Years 1 through 4 3.08 80 10
(W Years 4 through 9 4.62 120 15
Years 10 and after 6.15 160 20
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The maximum number of vacation hours that an employee may accrue cannot
exceed 320 hours. Any vacation hours in excess of 320 hours will be forfeited.
Upon separation the CRA will pay out the accrued vacation time up to a
maximum of 320 hours.
6 -2 SICK LEAVE:
As each month . passes, a regular full -time exempt or non - exempt employee
accumulates one (1) eight (8) hour day of sick leave to a total of twelve (12) days
per year constituting a maximum ninety -six (96) hours per year.
Sick leave with pay shall be computed from the hire date of the employee with
accumulation of sick leave not to exceed 480 hours or sixty (60) working days.
Upon separation the CRA will pay out the accrued sick time up to a maximum of
480 hours.
An employee will be granted sick leave if the employee's absence from work is
necessitated by one (1) of the following reasons:
A. Employee's health or the health of an immediate member of, the
�W employee's family. (For purposed of this section, "immediate family" is
defined under Definitions, Section 1 -4).
B. Medical, dental or optical treatment, which is necessary during working
hours.
C. Quarantine due to exposure to a contagious disease.
All requests for more than three (3) consecutive days of sick leave must be
accompanied by a doctor's certificate explaining the absence and /or unfitness for
duty. If excessive sick leave is taken in such a way as to indicate a pattern,
random or otherwise, the employee will be placed on restricted sick leave and a
doctor's certificate will be required for a one -day absence. Employee absences
for more than three (3) consecutive days due to national, state, or local
emergencies will not require a doctor's certification.
A Sick Leave Sharing Program is available for full -time employees who are
absent from the workplace for an extended period of time due to an illness or
accident and have depleted both their accrued sick leave time and accrued
vacation time. Employees wishing to donate time may use either accrued sick or
vacation time, but must have 80 hours remaining in each contributing bank (sick
or vacation) after the donation. Requests will be granted at the discretion of the
CRA Executive Director.
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6 -3 HOLIDAYS:
A. The following holidays will be observed each year:
New Years Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Eve
Christmas Day
B. Other days as specifically designated from time -to -time.
The CRA Executive Director reserves the right to declare these and any other
holidays on a date designated by the CRA Executive Director; such dates do not
necessarily have to be on the specified traditional date, but on the date that
meets the best interest of the CRA.
Regular full time employees shall be paid for the legal holidays at their current
pay rate. Regular full time non - exempt employees who work on a holiday shall
also be paid for their holiday plus the time worked at straight time. Regular full -
time employees must be in pay status during regular workdays immediately
before the holiday and after the holiday in order to receive pay for the holiday.
Part -time, temporary, and .emergency appointed employees are not entitled to
holidays with pay.
6 -4 COMPASSIONATE LEAVE:
Employees may be granted by the CRA Executive Director, upon request, up to
five (5) working days of compassionate leave with pay due to a death in an
employee's Immediate Family. Under extreme circumstances and with the written
approval of the CRA Executive Director, the leave may be extended. Any
additional time, which may or may not be granted in addition to the five (5) days,
shall be charged against accumulated sick leave, vacation or personal holiday
time.
6 -5 JURY DUTY:
Any employee summoned for jury duty or to be a witness related to CRA
business shall comply with such summons without loss of pay. Any
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compensation received as a result of compliance with such summons shall be
returned to the CRA, less any amount attributable to an allowance for mileage.
If an employee is summoned to appear for jury duty or as a witness, the
employee must notify the CRA Executive Director or HR Designee immediately.
An employee receiving a witness summons for non -CRA business must use
accrued vacation or compensatory time to cover the work hours missed.
6 -6 MILITARY LEAVE:
Police
The CRA recognizes an employee's responsibility to fulfill U.S. Military Armed
Forces obligations or annual training sessions or active duty call -up and provides
this benefit to eligible employees. It is the policy of the CRA to comply with the
Uniformed Service Employment and Reemployment Act of 1994, as amended
(USERRA) and all state laws governing employment and reemployment of
employees serving in the armed services.
The CRA prohibits discrimination against employees on the basis of military duty,
(W affiliation or status and requires reinstatement of an employee following military
leave to the same position or a position of like seniority, status and pay, as
provided by state and federal law.
Notice Period
Unless precluded by military necessity or circumstances under which the giving
of notice is otherwise impracticable or unreasonable, the employee (or
appropriate officer of the uniformed service in which the employee is to serve)
must give as much advance written or oral notice as possible of the need for
military leave.
Inactive Duty
If an employee is a member of a reserve unit, and is required to attend training or
annual two -week drill, or any other mandatory military exercise, the employee
may elect to take annual leave, if sufficient leave has been earned, or to take a
military leave of absence.
Active Duty
If an employee is absent from work due to active military service, The CRA will
grant the employee a leave of absence for the duration of such period of service
up to the maximum required by USERRA.
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Reemployment
Under USERRA, an employee is entitled to reemployment by the CRA upon
separation from the military service provided the employee.
• Was honorably discharged or terminated from service.
• Was employed in a position for which there was an expectation of continued
employment.
• Has not been absent for duty in the Uniformed Services for longer than a
cumulative period of five years unless involuntarily retained in the Uniformed
Service.
• In all cases, an employee will be reinstated in accordance with applicable
federal and state law.
• Reported to work or notified his or her. supervisor of an intention to return to
work, at the proper time as indicated in the following table:
Period of Service Action Employee When Action Must Be Taken
Must Take from Completion of Service
1 -30 days Report to Work (1) On the next regularly
scheduled work shift on the
first calendar day after service
ended, plus the time for
transportation back to
employee residence of 8
hours rest — OR — (2) as soon
as possible after the 8 hour
rest period, if, through no fault
of the employee, it would be
impossible or unreasonable to
report within the time period
described in 1).
31 -180 days Notify supervisor in Within 14 calendar days.
writing of intent to
return to work.
181 or more days Submit a written Within 90 calendar days after
request for completing service.
reemployment.
If complying with a deadline is impossible or unreasonable through no fault of the
employee, notice shall be submitted upon the next first full calendar day when
submitting the request becomes possible.
(W This policy may not address all issues concerning your rights during military
leave. Insofar as issues arise that are not addressed in this policy, the CRA will
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abide by USERRA and any controlling state laws. Should you have any
questions or require further information, please see Human Resources for further
information regarding military leave.
6 -7 . DISABILITY:
Regular full time exempt and non - exempt employees may experience illness or
disability requiring that an employee is unable to work for a duration of time,
which may or may not be defined at the onset of the illness or disability.
Employees under a physician's care that require an extended duration of time
away from work due to such illness or disability will have their positions (or a
position of equal compensation and comparative duties /responsibilities) held for
a maximum of One Hundred Sixty (160) working days, constituting a total of
1,280 hours.
Employees exercising provisions of this section may continue their regular
compensation through use of the employee's accrued sick, annual, and /or any
otherwise authorized accumulated /credited leave time that has been
earned /accrued by the employee and recorded by the CRA. Employees who do
not return to work at or prior to the expiration of the allowable 1,280 hours will be
�W deemed to have abandoned their position with the CRA.
For procedures to request an accommodation for disability, see section 5 -7
above.
6 -8 LIFE INSURANCE: See section 6 -10 below.
�I 6 -9 LEAVE WITHOUT PAY:
1 A regular full time exempt or regular non - exempt employee may be granted leave
of absence without pay for a period not to exceed One Hundred Sixty (160)
working days (1,280 hours) for illness, disability or other reasons. Such reasons,
other than physician attended illness or disability, must be outlined in writing and
submitted to the CRA Executive Director for review and approval or denial.
Employees may not be employed elsewhere during an authorized Leave without
Pay period of time. Such leave shall require the prior approval of the CRA
Executive Director. Employees that are on approved leave of absence without
pay will be responsible for paying the premiums and /or other established payroll
deduction requirements for continuation of benefits. Employees will not continue
to receive time accrual for any benefits during the duration of the Leave without
Pay Period, except as may be provided for under State and /or Federal Law.
Page 49 of 90
(W
6 -10 MEDICAL, DENTAL, VISION, LIFE INSURANCE:
The CRA will offer regular full time employees medical, dental, vision and life
insurance coverage utilized by the City of Boynton Beach as defined in
Resolution No. R06 -059 dated February 14, 2006 and as may be amended from
time -to -time. The CRA will cover the cost for exempt and non - exempt full time
employee insurances. The CRA employee will cover any additional cost for any
additional coverage selected for spouse and /or children of the employee.
All full time non - exempt and exempt employees are eligible for benefits the first
day of the month following 30 calendar days from the employee's hire date. Part
time, temporary, and emergency hire employees are not eligible for benefit
coverage.
Employees on approved leaves of absence must pay the non - subsidized rate for
all insurances in effect during their leaves of absence.
Upon either voluntary or involuntary termination of employment, benefit
payments for medical, dental, vision, and life /disability will continue to be fully
paid for by the CRA through the last day of the month following ninety (90) days
after the date of employment termination. For example, if the last day of
(W employment is January 15 benefits will be paid in full by the CRA through the
last day of April, or April 30.
Regular full time non - exempt and exempt employees that decline (opt out) of
medical benefit coverage shall receive a 50% payment in lieu of the associated
expense that would have been borne by the CRA. The 50% payment will be
calculated using the current payment required by the CRA for employee only
medical coverage and shall be included in the employee's bi- weekly pay.
6 -11 RETIREMENT:
All regular full time exempt and non - exempt employees will be eligible to
participate in the CRA's 457(b) Deferred Compensation Plan and 401(a) Profit
Sharing Retirement Plan.
The 457(b) Deferred Compensation Plan is contributory on the part of the
employee and is effective at the end of the employee's probationary period. The
CRA will match employee contributions up to 5% of the employee's gross salary
on an annual basis starting each fiscal year (October through September). The
employee is 100% vested immediately upon the employee's achieving full
employment status at the end of their probationary period. There is no match by
the CRA if the employee elects NOT to participate in the 457(b) Deferred
Compensation Plan.
,,,,. The 401(a) Lump Sum Employer Contribution Retirement Deferred
Compensation Plan is non - contributory on the part of the employee. Eligibility for
Page 50 of 90
this contribution is based upon the employee's successful completion of the Initial
Probationary Period.
The amount of the Lump Sum Employer contribution, if granted, is based upon a
Uniform Retirement Percentage as determined by the CRA Board and is
administered by the CRA Plan Coordinator.
Employee's that complete their probationary period during any month of the fiscal
year will have the employer contribution prorated. By way of example, if an
employee is eligible to receive $3,400.00 (based on an annual salary of
$50,370.00) for a full year's employer lump sum contribution the employee will
receive a prorated share of that amount for the months between the end of their
probationary period and September 30
The employer's full contribution calculation will commence with the start of the
next fiscal year. Eligible employees may receive profit sharing contributions
regardless of whether they participate in the 457(b) Deferred Compensation
Plan. Actual payment of contributions to the 401(a) Lump Sum Employer
Contribution Plan is at the discretion of the CRA and may be made at any time
during the fiscal year as determined by the CRA Plan Coordinator.
SECTION 07: CREDIT CARD POLICY
7 -1 POLICY AND FORMS:
PURPOSE: The Boynton Beach Community Redevelopment Agency's ( "CRA ")
Purchasing Card (credit card) policy is designed to improve efficiency in
processing purchases approved in the annual CRA budget for official CRA
business of a public purpose. This program will allow the cardholder to purchase
approved commodities and services directly from our vendors. Each purchasing
credit card is issued to a named individual and the Agency's name is clearly
shown on the card as the governmental buyer of the goods and services.
The purpose of this policy is:
1. To provide an efficient method of purchasing and paying for goods and
services as approved in the annual CRA budget for Agency business of a
public purpose.
2. To ensure that the CRA bears no legal liability from the inappropriate use
of the procurement credit cards.
3. To provide for disciplinary action if the purchasing credit cards are
misused.
(W Credit Cards are issued to each member of the CRA staff and monthly credit
limits are set according to the responsibilities of each position.
Page 51 of 90
I
I
Procedures
Cardholder:
• Hold and secure purchasing card.
• Complies with procurement policies and procedures.
• Assures that budget exists for purchased items.
• Assures receipts identify detail of items being purchased.
• Identifies account number, associated dollar value, and
reason for purchase on each purchase receipt.
• Hold original receipts for monthly credit card reconciliation.
• Completes monthly credit card reconciliation and submits to Finance
department for payment.
• Identify disputed charges.
• Responsible for all purchase transactions on the assigned purchasing
credit card.
Finance
• Requests from credit card vendor purchasing card for designated
employees.
• Sets spending limits for each cardholder.
• Provides Purchasing Card agreement to employee. Maintains
�w executed agreement.
• Receives consolidated and individual statements and distributes to
cardholders for reconciliation.
• Receives completed employee monthly credit card reconciliations.
• Approve /disapprove all purchasing card requests.
• Coordinate issuance and cancellations of cards.
• Participate in resolving billing disputes.
• Pay all monthly charges from consolidated statement.
• Collects cards from cardholders that terminate employment.
LOST OR STOLEN PURCHASING CARDS
a. If a purchasing card is lost or stolen, the Cardholder must
immediately notify the issuing bank and the CRA Finance of the
loss, verbally and in writing.
b. The Cardholder will be responsible for reporting all information
necessary to minimize the liability to the CRA for a lost or stolen
card.
TERMINATION OR TRANSFER OF CARDHOLDER
(W a. When an employee ends his or her employment, Finance shall
immediately collect the purchasing card and destroy it.
Page 52 of 90
b. If the Finance is unable to collect the purchasing card when an
employee terminates, the Finance department will immediately
notify the issuing bank to ensure that the card is cancelled.
LIMITATIONS ON USE OF PURCHASING CARD
CARDHOLDER USE ONLY
The purchasing card may be used only by the employee whose name is
embossed on the card. No other person is authorized to use the card. The
Cardholder is responsible and accountable for all transactions that occur
on his /her card.
CRA PURCHASES ONLY
The purchasing card is to be used for CRA authorized purchases only.
The purchasing credit card cannot be used for any personal use. If
personal use is unavoidable in the context of travel, the employee will
segregate and document such charges and reimburse the CRA
accordingly and immediately (see Travel & Entertainment Policy). If items
of a personal nature are charged by the employee in error, the employee
must immediately submit a check to the Finance department reimbursing
the CRA and document such personal use in memorandum form.
Personal use will require immediate reimbursement and can result in
disciplinary action which may include cancellation of the employee's
purchasing card privileges, dismissal and /or criminal charges. In addition to
any administrative and disciplinary action that may be taken, the employee
may be required to reimburse the CRA for the total amount of the improper
charges through payroll deduction or direct payment.
PROHIBITED USES OF PURCHASING CARDS
The following types of items may not be purchased with a purchasing
card, regardless of the dollar amount.
• Cash advances
• Personal use items
PURCHASING CARD SECURITY
Your purchasing card should always be treated with at least the same
level of care that you do with your own personal credit cards.
Page 53 of 90
�,W
a. STORAGE OF THE PURCHASING CARD
Keep your purchasing credit card in an accessible but secure
location. Since you, as the Cardholder, will be the only one using
the purchasing card, it needs to be accessible only to you.
b. ACCOUNT NUMBER
Guard the purchasing card account number carefully! Do not post it
at your desk or write it in your day planner.
C. SHARING OF CREDIT CARD
The only person entitled to use the purchasing card is the person
whose name appears on the face of the card. Do not lend your
purchasing card to another person for use.
d. LOST OR STOLEN CARDS
If the purchasing card is lost or stolen, you must immediately notify
the credit card issuer, document the report, and notify the Finance
Department.
MISSING DOCUMENTATION
� If for some reason the Cardholder does not have documentation of the
transaction to support the transaction on the monthly statement, the
Cardholder must attach a signed certified description of the purchase.
Continued incidents of missing documentation may result in the
cancellation of the employee's purchasing card privileges.
Attached Forms
• CRA Purchasing Card Program Employee Agreement
• Credit Card Reconciliation Form
SECTION 08: COMMUNICATIONS SYSTEMS POLICY
8 -1 Statement of Policy.
Electronic communications, including the contents of CRA owned computers,
telephones and facsimiles are the property of the CRA. This policy is intended to
apply to employees' use of their personal equipment that may be used on CRA
property (including CRA vehicles), or during CRA - related activity. The purpose of
this policy is to set forth guidelines regarding access to and dissemination of
'information /messages sent or received by CRA employees. The internet, email,
phone mail or other communications or information systems of the CRA are not
to be used in any manner that is offensive, disruptive, abusive or harmful to
others or to CRA morale. Employees in violation of this policy are subject to
disciplinary action, up to and including termination.
Page 54 of 90
(W
8 -2 No Expectation of Privacy:
The CRA treats all computer files, including but not limited to email sent or
received, as CRA - related information, and unless expressly exempt, a public
record under Chapter 119, Florida Statutes. The CRA has the ability and the
right, with or without notice, to access, monitor, review, copy and /or delete any
computer files, including but not limited to emails sent or received, and all
internet -based and internal communications and /or transactions. If an employee
makes incidental use of the CRA's computer system for personal files or email,
such employee has no expectation that such personal files will be protected from
review and /or deletion by the CRA. Accordingly, employees should not use CRA
computer systems to create, transmit or store any information they wish to keep
private. Because the CRA is sensitive to legitimate privacy rights of employees,
effort will be made to conduct workplace monitoring in a respectful manner.
8 -3 Use of Systems for Harassment:
Use of the CRA computer system, or of any technology, whether owned by CRA
or not to engage in communication that violates CRA policy is strictly prohibited.
The CRA prohibits the display, storage or transmission of sexually explicit
(W images, messages, cartoons, or any transmissions or use of communications that
contain profane of offensive language; ethnic, religious or racial slurs; or any
other communication that will likely be construed as harassment or
disparagement of others based on race, color, national origin, gender, age,
disability, religion, sexual orientation or political beliefs.
8 74 Non - solicitation; Outside Employment:
The CRA computer system shall not be used to solicit for commercial ventures
unrelated to CRA business; religious or political causes or outside organizations
unless expressly authorized by the CRA.
8 -5 Software:
The CRA prohibits the use of any computer software or programs that are not
expressly authorized and installed by the CRA. Employees shall not make
unauthorized copies of any computer software or programs installed by the CRA.
8 -6 Termination:
All equipment and computer - related files, programs and materials issued or
�W purchased by the CRA remain the property of the CRA. Upon voluntary or
involuntary termination of employment or service with the CRA, employees may
not retain any equipment, computer programs, files or materials. Upon
Page 55 of 90
termination, the CRA will turn off all computer and communications systems
issued to the terminated employee.
8 -7 Reporting:
All reports of violations of this policy and all questions related to this policy should
be directed to the employee's immediate supervisor, or, if the supervisor is
unable to satisfactorily resolve the issue or is closely connected with a violation of
the policy, to the Human Resources Department.
SECTION 09: MISCELLANEOUS
9 -1 Personal Appearance /Dress Code:
Employees are expected at all times to present a professional, businesslike
image to citizens. Courtesy, appearance, body language and manners are all
important in projecting a positive professional image. Employees are expected
to dress and groom in a neat, clean and businesslike manner consistent with
the position and work location, and demonstrate pride in their job. The
following is a guideline of appropriate appearance and attire:
i
Hair should be clean, combed and neatly trimmed or arranged. Unkempt hair is
not permissible regardless of length. Sideburns, moustaches, and beards
should be neatly trimmed.
Administrative. personnel who work in offices and any employees who have
regular contact with the public must wear clothing that is businesslike in
appearance, such as a business suit, business shirt with or without a tie; polo
shirt; CRA logo shirt; slacks such as Dockers or similar style; business dress or
skirt with a blouse /sweater; or non -denim Capri pants. The length of a
dress /skirt is to be no shorter than 3" above the knee.
Clothing is not considered businesslike in appearance if it is:
Casual sportswear, such as cargo pants, stirrup pants, or stretch pants
Ripped or disheveled clothing or athletic wear
Skorts or Shorts
Garments made of blue denim, Lycra or other form - fitting material
Low Rise, low cut, hipster or hip- huggers pants, which leads to exposure of
the mid - section
Exposure of boxer shorts
Sweatshirts, T -Shirts (with the exception of CRA Logo items) or Halter Tops
Skirts and Culottes that are greater than 3 inches above the knee
Flip -Flops or Athletic shoes
Page 56 of 90
Shirts that show any part of an undergarment
Shirts that inappropriately expose cleavage or the mid - section
Shirts unbuttoned more than the 2 nd button from the top
See through, mesh, or clothing that is too tight
Each Friday has been designated as dress down day for those employees who
regularly follow the office dress code (non- uniformed, clerical, etc). It is a
privilege which permits a relaxation of the normal business attire described
above. The same guidelines for businesslike attire apply on Fridays, dress
down day, with the exception that jeans, tee shirts, and athletic shoes are
allowed to be worn. Clothing should be neat in appearance and without tears or
holes (even if it is the style). Tee shirts must not have anything that has
advertising on it.
There are times when traditional business attire should be worn on days when
casual attire is permitted. Employees should take the day's schedule into
account when they dress. If a meeting is scheduled with visitors, or if there
are visitors with whom the employee will come in contact, business attire may
be more appropriate. The CRA's primary object is to have employees project a
professional image while taking advantage of more casual and relaxed
fashions.
Any employee who does not meet the standards of this policy will be required to
take corrective action, which may include leaving the premises. Non - exempt
employees will not be compensated for any work time missed because of failure
to comply with this policy. Violations of this policy also will result in disciplinary
action.
Page 57 of 90
(W BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
PURCHASING CARD PROGRAM
EMPLOYEE AGREEMENT
I, (employee name)
(employee social security number), hereby request a Purchasing Credit Card
( "Card "). As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the
Card.
I understand that I am being entrusted with a valuable purchasing tool and will be making financial
commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred
suppliers."
I understand that the CRA is liable to credit card companies for all charges made on the Card.
I agree to use this Card for official business related purchases only and agree not to charge personal
purchases. I understand that the Card may not be utilized for cash advances. I will not permit another
individual to utilize the Card issued to me. I understand that the CRA will review the use of this Card and take
appropriate action on any discrepancies. It is my responsibility to ensure that the supplier has the CRA's tax -
exempt number.
I agree to return the Card immediately upon request or upon termination of employment) including
retirement. I understand that the CRA or Purchase Credit Card companies may suspend or cancel the Card
at any time for any reason whatsoever and I shall return the Card immediately upon notification or
* cancellation.
I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly
statement. This includes: providing supporting charge slips /receipts and listing the reason for the purchase
or job it pertains to for all transactions appearing on the statement.
I agree with all of the terms and conditions of the Purchasing Manual on the assignment and control of the
Purchasing Credit Card.
If the Card is lost or stolen, I agree to immediately notify the Finance department immediately (1- 561 -737-
3256) of the loss, verbally, and in writing.
Employee Signature and Date Witness Signature and Date
Director of Finance and Date
Page 58 of 90
(W
Credit Card Reconciliation Form
Name
Date
Date of
Expense Amount PO# Account Vendor Business Purpose Participants
Coding for
Office
Supplies
51230 -310 $ -
51325 -310 $ -
51440 -310 $ _
57400 -310 $
57500 -310 $ -
Total $ -
Total $ -
Billed Note: This is the amount showing on your credit card
Amount statement.
Note: After all expenses are recorded, the difference should be
Difference -4 $0.00.
Employee
Signature Date
Finance
Department
Signature Date
(W
Page 59 of 90
1
BOYNTO
wwwBEACH rCRA
APPENDIX
HIRING AND TERMINATION
�w POLICIES AND PROCEDURES MANUAL
Revised September 2014
(W
Page 60 of 90
I
TABLE OF CONTENTS
INTRODUCTION 62
I. EQUAL EMPLOYMENT OPPORTUNITY
A. EEO Policy Statement 63
B. At -Will Employment 63
C. Equal Employment Opportunity /Anti- Discrimination Policy 63
II. RECRUITMENT & SELECTION
A. Research Phase - Overview 64
B. Review External Source Alternative 64
C. Selection Phase - Overview 64
D. Application /Resume Screening 66
III. JOB OFFER STAGE
A. Employment Reference Check Policy 67
B. Fair Credit Reporting Act 67
C. Criminal Background Check Policy 67
D. 1 -9 Form Requirements 67
IV. PROGRESSIVE DISCIPLINE AND INVOLUNTARY TERMINATION
A. Performance Behavior 69
B. Behavior Problems 69
C. Formal Actions 69
69
I
E. Progressive Discipline Policy — Four Steps 70
V. APPENDICES
A. Employment Application 72
B. Sample Phone Interview Questions 79
C. Reference Checking Form 82
D. 1 -9 Form 84
E. Performance Counseling/Written Warnings 86
F. Separation Report 88
G. Terminated Employee's Reference 90
Page 61 of 90
I
INTRODUCTION
The contents of this policies and procedures manual does not create a contract, express or
implied. It is not all inclusive, and is only a set of guidelines. The manual does not alter the
"at -will" relationship between the CRA and the employee (unless the employer wants to
change this traditional relationship).
The manual does not guarantee employment for any definite period of time and applies to all
CRA employees. The manual supersedes any previous written or unwritten policies. The
manual can only be changed in writing, by the Executive Director. In the event of a conflict
between this manual and the Human Resources Policy and Procedures Manual, the latter shall
govern.
Page 62, of 90
(W
I. EQUAL EMPLOYMENT OPPORTUNITY
A. EEO Policy
Statement
Objective
The CRA is an Equal Opportunity Employer and prohibits discrimination because of
race, color, creed, religion, national origin, sex, age, political affiliation, handicap
(except where such factor is a bona fide occupational qualification or is required by
State and /or Federal law), sexual orientation, marital status, or veteran status in all
aspects of its personnel policies, programs, practices, recruitment, examination,
appointment, training, promotion, retention or any other actions and operations. The
principles and policies of equal employment opportunity apply to the selection and
treatment of independent contractors, temporary personnel or any other persons doing
business for or with the CRA. Employees who feel they have been discriminated
against should contact the Executive Director, the Human Resources Department or a
Board member.
The CRA expressly prohibits any form of unlawful employee harassment based on race,
'color, religion, gender, sexual orientation, national origin, age, disability, or veteran status.
(W
1is B y CRA employee who discriminates against another employee in violation of this policy
subject to discipline up to and including termination.
At -Will Employment
Employment with the CRA is "at will" and is terminable by either party for any reason or
no reason. Successful completion of a probationary period does not conclude or alter the
"at -will" relationship.
C. Equal Employment Opportunity /Anti- Discrimination Policy
1. Scope of Policy
The policy of equal employment opportunity and anti - discrimination applies to
all aspects of the relationship between the CRA and its employees and job
applicants including, but not limited to:
• Recruitment
• Employment
• Promotion
• Transfer
• Training
• Working conditions
• Wages and salary administration
• Employee benefits and application of policies
The principles and policies of equal employment opportunity apply to the
selection and treatment of independent contractors, temporary personnel or any
other persons doing business for or with the CRA.
Page 63 of 90
�W
2. Implementation of Policy
The staff of the CRA will be responsible for the dissemination of this policy.
Directors, managers and supervisors are responsible for implementing equal
employment practices within each department. The Executive Director or his /her
designee is responsible for the CRA's overall compliance and shall maintain
personnel records in accordance with regulatory compliance. In accordance with
Equal Employment Opportunity Commission (EEOC) regulation, the CRA asks
that all employees voluntarily self identify race and ethnicity to the extent
necessary to ensure that the CRA is in full compliance with federal and state civil
rights laws and regulations, and in turn protecting the rights of all employees from
discrimination. If an employee declines to self- identify, employment records or
observer identification may be used.
3. Procedures
CRA practices identified herein include:
a. The CRA will display posters regarding equal employment
opportunity in areas highly visible to employees.
b. All advertising for job applicants includes the statement
"An Equal Opportunity Employer - M /F /DN."
II. RECRUITMENT & SELECTION
A. Research Phase - Overview
1. Current employees.
2. Employee referrals.
3. Former employees.
B. Review External Source Alternatives Include:
1. Companies /organizations; billboards; billing inserts.
2. College and university career services or placement centers.
3. Community schools and colleges.
4. Current prospects, and candidates; ethnic organizations.
5. Internet ads; bulletin boards; Internet newsgroups.
6. New employee referrals; newspaper ads.
7. Newspaper articles; open houses; other
companies and agencies that are downsizing.
8. Private employment agencies; professional associations.
9. Professional conferences; professional journal ads.
10. Professional networks.
11. Public employment agencies; radio ads; radio reports.
12. Senior citizen groups; television ads; television reports.
13. Temporary help agencies; trade associations.
14. Trade or professional journal ads or articles.
C. Selection Phase -- Overview
1. Resume Review
Page 64 of 90
2. Set Up Interview Appointments
3. Evaluate the candidate's explanation for staying at previous
jobs and for leaving previous jobs.
a. Evaluate the needs and wants of the candidate for
any of the following:
1. Fit with the profession.
2. Fit with the culture and vision of the CRA.
3. Fit with the management or leadership styles of CRA
personnel.
4. Fit with the organizational vision and values.
5. Fit with the organizational goals and objectives.
6. Fit with the specific position the candidate is being
considered for in terms of job tasks, knowledge skills
and abilities.
b. Specific job requirements
1. Review the starting salary range and future salary
expectations.
2. Review the mandatory and flexible benefits
3. Clarify any special family issues.
4. Clarify the amount of travel involved
(W C. Evaluate the candidate relative to these three (3) key questions:
1. Does the job candidate appear to be fully qualified now?
2. Does the candidate appear to be readily trainable in areas
where he or she can become fully qualified?
3. Should the job candidate continue in the selection
process?
d. Review and obtain the legal release to authorize a background
check.
e. Ensure the candidate knows that his /her final offer is contingent
upon successful completion of the reference check, criminal
background check, Fair Credit Reporting Act, and drug testing
procedures if applicable for the position. .
4. Set up the job - related testing processes if applicable to the position.
a. Coordinate the candidate testing to be completed when, where,\
by whom.
b. Obtain and review the results of all tests for each candidate and
G. Inform the candidate of results of the tests and the next steps in
the process.
(W
Page 65 of 90
D. Application /Resume Screening
1. Pre - Employment Inquiries:
The CRA will follow all applicable laws as interpreted through court rulings and EEOC
decisions, that prohibits the use of all pre - employment inquiries and qualifying factors
which disproportionately screen out member of minority groups or members of one
sex, and are not valid predictors of successful job performance, and cannot be justified
by "business necessity."
In seeking information from job candidates, the CRA will consider the following factors:
a. Will the answers to these questions directly or indirectly reveal
information concerning an candidate's membership in a protected
class?
b. Will the answers to this question, if used in making a selection, result in
disparate treatment or disparate effect on minorities and /or members of
one sex?
C. Is this information really needed to judge an candidate's competence?
or qualification for the job in question?
2. Additional Points, Resume Checklist And Areas To Cover During The
Screening Process:
(W a. Pre - employment inquiries concerning race, color, religion, sexual
orientation, national origin should not be asked.
i b. Do not ask any non-job-related questions that pertain to marital
status, pregnancy, future child bearing plans and number /age of
children.
C. Do not require pre - employment information about child care
arrangements from female candidates only.
d. Use an English language proficiency test only if language skill is a
requirement of the work to be performed.
e. Does the candidate show a steady record of achievement?
f. Has the candidate held responsible positions?
g. Has the candidate managed his /her position in growth situations, and if
so, for how long?
h. Has the 'candidate previously solved key problems similar to the
agency's?
i. Have there been sudden shifts in careers?
j. Is the candidate transient?
k. Is the resume clear about education and technical skills?
I. Is the resume detailed and explanatory?
M. Are prior positions explained adequately?
n. Why does the candidate say they want the job?
o. Has the candidate supervised or managed people? If so, how many?
P. What areas do you want to explore further?
(W
Page 66 of 90
III. JOB OFFER STAGE
A. Employment Reference Check Policy
Job Candidates. To ensure that individuals who join the CRA are well - qualified
and have a strong potential to be productive and successful, it is the policy to
verify the employment references of the selected candidate prior to extending a
job offer.
The HR representative is designated to respond to reference check
inquiries from other employers.
All calls, contacts and written inquires concerning current or former employees
should be referred to the Human Resources Representative. It is the policy of
the CRA to provide neutral references concerning former employees.
Responses to such inquiries will confirm only the dates of employment, wage
rates and the title of position held.
(See Appendix C for form).
B. Fair Credit Reporting Act (FCRA)
Once the results of the reference checks appear satisfactory, a conditional offer of
employment may be extended subject to a satisfactory credit and criminal
background check.
(See Appendix C for form).
C. Criminal Background Check Policy
The CRA requires a criminal check for all full -time and part -time internal
employees once a conditional offer of employment has been extended. Although a
disqualification is possible, in accordance with federal and state laws, a previous
conviction does not automatically disqualify a candidate from consideration for
employment. Depending on a variety of factors (for example, the nature of the
position, the nature of the conviction, age of the candidate when the illegal activity
occurred), the candidate may still be eligible for employment with the CRA.
However, if a candidate attempts to withhold information or falsify information
pertaining to previous convictions, the employee will be disqualified from further
employment consideration in any position with the CRA due to falsification of an
application.
Although a conditional offer of employment may be extended to a candidate prior to
the completion of the criminal conviction check, the candidate's first day of work in
the position must not be prior to the satisfactory completion of the criminal
conviction check.
D. 1 -9 Form Requirements
(See Appendix D for 1 -9 form).
Page 67 of 90
4lIw
Whenever an employer hires an individual (U.S. citizen or non -U.S. citizen) as an
employee, the CRA completes the 1 -9 form. An employee is defined as any person
who performs labor or services in return for wages or other remuneration. If an
employee does not have the proper documentation within three business days of his
or her start date, the employer must terminate the employee.
Three (3) business days means that the CRA counts weekends and holidays as
business days if the CRA is open for business on those days. If within this time the
employee produces a receipt showing that he or she has applied for a work
authorization or identification document, the employee must be given ninety (90)
days to produce the required documentation.
1. Compliance With and Completion of the 1 -9 Form
There are three (3) important sections on the 1 -9 form that must be accurately
completed in order to comply with the 1 -9 requirement.
Section 1: The CRA completes section 1 at the time of hire (no later than the date the
employee starts). It is the employer's responsibility to assure that the employee fills in
the correct information and signs and dates the form.
Section 2: The employee must present original documents (not photocopies) that
establish identity and employment eligibility. See back of form for
documents required.
{ 2. Document Retention
a. Retain the 1 -9 form for every employee for the full
duration of that individual's employment..
b. Keep 1 -9 forms with employee's personnel file to facilitate retrieval in
the event of an audit.
C. The 1 -9 employment verification process is an integral part of
the CRA's compliance with the U.S. Immigration Laws.
3. Copying Documents
Although copying documents is not required (and does not relieve the
employer of the obligation to complete the 1 -9 forms), in certain
circumstances such a practice may be advisable, as follows:
a. If copies of the documents are made, the copies must be
retained with the 1 -9 form.
b. Copies of documents may assist the CRA and its Attorney in
preparing for a USCIS audit and in defending against claims that
appropriate documentation was not demanded or presented.
C. In addition, maintaining copies of documents may aid the CRA in
defending against assertions that it accepted fraudulent documents
that it should known were not genuine.
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IV. PROGRESSIVE DISCIPLINE AND INVOLUNTARY TERMINATION
A. Performance or Behavior
Employee problems that require corrective action generally can be classified as
either performance or behavior problems. Appropriately classifying the problem into
one of these two categories is an important first step and will enable the HR
designee to more effectively determine an appropriate response.
B. Behavior Problems
1. Examples of behavior problems include:
a. Misconduct
b. Negligence
c. - Insubordination
d. Poor attendance
e. Other issues
2. Behavior problems are usually completely within the employee's
control.
For example, employees make conscious decisions every day to either
leave home in sufficient time to arrive at work on time or not, to be
truthful or not, to follow rules and procedures or not, to follow their
supervisors direction or not.
3. Management can do little beyond clearly stating its expectations and
holding each employee accountable to those expectations.
a. As a result, these problems should be addressed in a
straightforward and direct manner.
b. Specifically, when the employees behavior does not meet the
minimum expectations, formal corrective action should be taken in
the form of a verbal warning, a written warning or possibly
termination.
C. Formal Actions
1. A clear statement describing the employees behavior deficiency, citing
specific instances wherever possible.
2. A restatement of the minimum expectations /requirements with regard to
the area of deficiency.
3. The consequences to the employee of future occurrences with this and /or
related behavior deficiencies.
4. A memo (in the event of a written warning or final written warning) that the
employee signs acknowledging that s /he understands the contents of the
discussion.
D. Formal Investigation
1. Frequently, it is necessary to conduct a formal investigation as a result of
! an employees behavior problem.
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2. When the investigation concerns employee misconduct, negligence or
illegal behavior, it is a good practice to suspend the alleged violator, with
pay, pending the outcome of the investigation.
3. when this occurs it is in the best interest of all parties concerned to
conduct a thorough and expeditious investigation.
4. If wrongdoing is found, it is appropriate to either go back and not] pay the
employee for the period of the investigation or terminate the employee
effective the first date of suspension, or last written warning.
5. This practice will foster a presumption of innocence until guilt is proven.
E. Progressive Discipline Policy - Four Steps
Step One: Verbal counseling should be documented.
1. The. documentation, which should include the date and time of the
session, serves to memorialize the session so that it can be referred to
subsequently. .
2. The employee should be told that this is only a verbal counseling but
should be asked to sign the documentation.
Step Two: First Written Warning.
(W Step Three: Second Written Warning at he discretion of the Executive Director
accompanied by a short suspension (usually one (1) to three (3) days with a long
suspension) and usually at least one (1) work week. This may also be the Final
Warning.
Step Four Termination.
1. Some serious infractions warrant skipping one or more steps and jumping to
a higher level of discipline (very serious infractions such as fighting or theft
may warrant termination as the first and only step).
2. For very serious infractions, it may be appropriate to suspend an employee.
3. For example, it may be advisable to suspend employees involved in a
physical altercation because the primary objective may be to remove the
danger rather than to announce a termination and risk the escalation of
a potentially dangerous situation.
See Appendix E -G for relevant forms.
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Page 70 of 90
APPENDIX A
Page 71 of 90
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APPLICATION FOR EMPLOYMENT
710 N. Federal Highway, Boynton Beach, FL 33435
B BEAC
The Boynton Beach (CRA) is an equal opportunity employer. It
is the policy of the CRA to prohibit discrimination of any type and
to afford equal employment opportunities to employees and
applicants, without regard to race, color, religion, sex, national
origin, age, disability, sexual orientation or veteran status.
PERSONAL:
Name: Date:
Last First Middle MO/YR
(W Address:
Number & Street City State Zip Code
Position Sought: Full Time Part Time
Date Available: Salary Desired: Phone Number:
Social Security Number: Are you over 18 years old? Yes _ No _
Are you legally eligible for employment in the United States? Yes _ No
(If offered employment, you will be required to provide documentation to verify eligibility.)
EDUCATION: Please indicate education or training which you believe qualifies you for the
position you are seeking
High School: No. of Yrs Completed (circle one) 1 2 3 4
Diploma: Yes — No _ G.E.D.: Yes _ No
School(s): City /State:
College and /or Vocational School:
Number of Years Completed (circle one) 1 2 3 4
(W School(s): City /State:
Major: Degrees Earned:
Page 72 of 90
Other Training or Degrees:
School(s): City /State:
Course Degree or Certificate Earned:
PROFESSIONAL LICENSE OR MEMBERSHIP:
Type of License(s) Held:
State of Florida License:
License Expiration Date:
Other Professional Memberships:
(You need not disclose membership in professional organizations that may reveal information
regarding race, color, creed, sex, religion, national origin, ancestry, age, disability, marital
status, veteran status or any other protected status.)
This application for employment is good for thirty (30) days only. Consideration for
employment after thirty (30) days requires a new application
SKILLS: (Check all that apply)
Office: Data Entry: Excel or:
Typewriter: wpm: Other:
Word- Processing: WordPerfect: MSWORD:
Other:
Other Software Skills: No:
RECORD OF CONVICTION:
During the last ten years, have you ever been convicted of a crime other
than a minor traffic offense?
Yes No
If yes, explain: "
(A conviction will not necessarily automatically disqualify you for employment. Rather, such
i factors as age and date of conviction, seriousness and nature of the crime, and
rehabilitation will be considered).
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EMPLOYMENT: List most recent employer first, including U.S. Military Service.
May we contact your present employer? Yes No
If any employment was under a different name, indicate name
Employer: Address:
Telephone: Position:
Dates of Employment: From: To:
MO/YR MO/YR
Salary: Supervisor: Department:
Duties: FT: PT: No. Of Hrs.
Reason for Leaving:
Employer: Address:
Telephone: Position:
Dates of Employment: From: To:
MO/YR MO/YR
Salary: Supervisor: Department:
Duties: FT: PT: No. Of Hrs.
Reason for Leaving:
Employer: Address:
Telephone: Position:
Dates of Employment: From: To:
MO/YR MO/YR
Salary: Supervisor: Department:
Duties: FT: PT: No. Of Hrs.
Reason for Leaving:
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If you wish to describe additional work experience, attach the above information for each
position on a separate piece of paper.
Explain any gaps in work history:
Have you ever been discharges or asked to resign from a job? Yes No
If yes, explain:
REFERENCES:
Name Name
Address Address
Phone Phone � )
Name Name
Address Address
Phone Phone � )
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APPLICANT'S CERTIFICATION AND AGREEMENT
I hereby certify that the facts set forth in the above employment application are true and
complete to the best of my knowledge and authorize the Boynton Beach CRA to verify their
accuracy and to obtain reference information on my work performance. I hereby release the
Boynton Beach CRA from any /all liability of whatever kind and nature which, at any time, could
result from obtaining and having an employment decision based on such information. I
understand that, if employed, falsified statements of any kind or omissions of facts called for on
this application shall be considered sufficient basis for dismissal. I understand that should an
employment offer be extended to me and accepted that I will fully adhere to the policies, rules,
and regulations of employment of the Boynton Beach CRA. However, I further understand that
neither the policies, rules, regulations of employment or anything said during the interview
process shall be deemed to constitute the terms of an implied employment contract. I
understand that any employment offered is for an indefinite duration, and at will, and that either I
or the Boynton Beach CRA may terminate my employment at any time or without notice or
cause.
Signature of Applicant Date
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FAIR CREDIT REPORTING ACT DISCLOSURE STATEMENT FORM
(The disclosure below must be by itself on a separate page.)
By this document, the Boynton Beach CRA discloses to you that a consumer report may be
obtained for employment purposes as part of the pre - employment background investigation
and at any time during your employment. Please sign below to signify receipt of the
foregoing disclosure.
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Candidate Signature Date
WAIVER
l
"This shall authorize the procurement of a consumer report by the Boynton Beach CRA as
part of the pre - employment background investigation. If hired, this authorization shall
remain on file and shall serve as an ongoing authorization for the Boynton Beach CRA to
procure consumer reports at any time during my employment period."
Candidate Signature Date
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INVESTIGATIVE REPORT DISCLOSURE STATEMENT
If using investigative consumer reports, the Agency must supplement the disclosure to comply
with the additional requirements as follows:
(The disclosure below must be on a separate page.)
By this document, the Boynton Beach CRA discloses to you that a consumer report, including
an investigative consumer report containing information as to your character, general
reputation, personal characteristics, and mode of living, may be obtained for employment
purposes as part of the preemployment background investigation and at any time during your
employment. Should an investigative consumer report be requested, you will have the right to
demand a complete and accurate disclosure of the nature and scope of the investigation
requested and a written summary of your rights under the Fair Credit Reporting Act. Please
sign below to signify receipt of the forgoing disclosure.
(W Candidate Signature Date
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Page 77 of 90
APPENDIX B
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Page 78 of 90
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SAMPLE PHONE INTERVIEW QUESTIONS
General
The "general" questions provide you the opportunity to assess some important personal
characteristics such as level of maturity, willingness to go the "extra mile ", work ethic, depth and
breadth of previous work experience, level of realistic self- assessment, and reasonableness of
the candidate's expectations relative to working for X Corporation.
What, in your opinion, are the crucial factors that make a Manager /first line supervisor succeed?
What do you consider your most important accomplishments to date and how do they relate to This
position?
Adaptability /Flexibility
Questions in this dimension provide the opportunity to assess the degree to which the candidate
is able to modify his /her behavior in order to adapt to changes in situations, time constraints and
the changeable behaviors of others.
When have you had to reschedule your time to accommodate an unexpected workload? Who or
what was affected, and what were the outcomes?
Please provide two or three examples when you went beyond the call of duty to get something
done.
ti This position requires an employee to work either days, afternoons, nights, weekends and
holidays. An employee may also be called back to work or called in when they are not working. Are
you willing to work these varying hours? Also, is there anything that would interfere with you being
able to work varying hours?
Integrity
The integrity question provides you the opportunity to assess some important personal
characteristics such as the ability to conduct oneself in a manner above reproach, and
maintaining a good self -image for him or herself and X Corporation.
How would you describe yourself in terms of your integrity, and what would two of your former
supervisors and one of your co- workers say about your work habits, positive and negative, in
general?
Interest in Position
The question in this category provide you the opportunity to assess the candidate's interest in
working for Corporation X: performing day -to -day activities and their dedication to this position and
corporation.
8. Please outline why your knowledge, skills, abilities (ksa's), educational background and
other personality characteristics qualify you for this position.
Prioritizing /Planning
The question in this category provide you the opportunity to assess the candidate's ability to
prepare, plan, and prioritize problem situations, tasks and responsibilities for him or herself in
order to reach objectives and goals within time constraints.
Page 79 of 90
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9. What would you do during your probationary period to be the most effective and efficient?
Reasoning and Judgment
The question in this dimension enable you to assess the degree to which a candidate
demonstrates the ability to recognize and identify problems, issues and concerns and connect
one piece of information with another.
10. What has been a problem that you had to deal with in past employment situations? Tell
us about how you analyzed the situation, how you identified the key factors, and developed your
conclusions?
Manageability
The question in this dimension provide assessment of a candidate's "manageability" in
terms of following orders, accepting constructive criticism and feedback, and the level of
satisfaction with being a team member versus acting autonomously with limited regard or
respect for the chain of command.
11. What kind of experience have you had working or being in a team environment and what
do you need to feel sufficiently recognized for your contributions in fulfilling the X Corporation's
mission? Second part of question; What kind of people do you dislike working with and how do
you handle it when you have to work with them?
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Page 80 of 90
APPENDIX C
Page 81 of 90
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REFERENCE CHECKING FORM
Candidate
Name:
Last First Middle Initial
Reference
Name:
Company
Name:
Dates of Employment:
From: To:
Position(s)
Held:
Salary
History:
Reason for Leaving:
(W Explain the reason for your call and verify the above information with the supervisor (including
the reason for leaving).
1. Please describe the type of work for which the candidate was responsible.
2. How would you describe the applicant's relationships with coworkers, subordinates (if
applicable), and with superiors?
3. Did the candidate have a positive or negative work attitude? Please elaborate.
4. How would you describe the quantity and quality of output generated by the former employee?
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Page 82 of 90
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REFERENCE CHECKING FORM
5. What were his /her strengths on the job?
6. What were his /her weaknesses on the job?
7. What is your overall assessment of the candidate?
8. Would you recommend him /her for this position? Why or why not?
9. Would this individual be eligible for rehire? Why or why not?
Other comments?
Ot s? c m t
10. We are considering the candidate for a position that requires (Independent judgement,
managing others, public contact, etc.). Do you believe the candidate can be successful in such
a position? Why or why not?
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Page 83 of 90
APPENDIX D
See files for 1 -9 form
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Page 84 of 90
APPENDIX E
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Page 85 of 90
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PERFORMANCE COUNSELING / WRITTEN WARNING
EMPLOYEE: DATE:
❑ Counseling ❑ 1 st Written Warning ❑ 2 nd Written Warning
The purpose of this discussion is to once again bring to your attention ongoing deficiencies in
your conduct and /or performance. The intent is to define for you the seriousness of the situation
so that you may take immediate corrective action. Your job performance or conduct has been
unsatisfactory, and must improve.
REASON FOR COUNSELING OR WARNING:
CORRECTIVE ACTION REQUIRED AND TIME FRAME:
You and I will meet at the end of days to review your progress. If significant improvement
is not shown at the end of The warning process, your employment with the Boynton
Beach CRA will be terminated.
Please sign below. Your signature on this document is an acknowledgment that this
matter has been discussed with you and you have reviewed this document prior to inclusion in
your personnel file. You also acknowledge and understand the potential consequences of non-
compliance.
EMPLOYEE SIGNATURE: DATE:
SUPERVISOR SIGNATURE: DATE:
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APPENDIX F
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Page 87 of 90
SEPARATION REPORT
Employee: Supervisor:
Start Date: Separation Date: Last Day Worked:
Total hours worked:
Accrued Vacation: Sick time: Comp time:
(FOR PAYROLL USE ONLY)
REASON FOR TERMINATION:
• poor job performance o violation of CRA policy
• did not meet performance goals o harassment or discrimination
• excessive absenteeism o insubordination
• lack of work o negligence
• misconduct o discharge
• terminated within 90 days of hire o other:
Employee Rece Wages in lieu of notice Separation Pay
Vacation Pay Sick Pay Comp Time
Voluntary Termination [ ] Involuntary Termination [ ]
Was employee given reason for discharge? Yes[ ] No[ ]
Had employee been warned about
their conduct, attendance, work etc.? Yes[ ] No[ ]
Is employee eligible for rehire? Yes[ ] No[ ]
If no, why?
Employee Signature: Date:
[ ] Employee Refused to sign
[ ] Employee unavailable for signature
[ ] Copy mailed via certified letter with return receipt
Supervisor Signature: Date:
Executive Director: Date:
[ ] Copy to Employee
Page 88 of 90
APPENDIX G
Page 89 of 90
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TERMINATED EMPLOYEE REFERENCE
As a former employee of the CRA, I understand that at some time in the future, someone may call the CRA
for a reference. I give my permission for the following information to be provided on my behalf.
❑ A disclosure of my work record, including but not limited to:
attendance
performance
reason for separation
dates of employment
title or position and rate of pay
eligibility for re -hire
❑ A partial disclosure of my work record
dates of employment
eligibility for re -hire
rate of pay
❑ A disclosure of my dates of employment only and an explanation that this limited reference was at my request.
6� recognize that by law, my former employers are required to provide information to a prospective employer if I am
onsidered a harassment or workplace violence risk.
I
Employee Signature Date
Witness Signature Date
Page 90 of 90
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BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
RULES OF GOVERNANCE
I. CRA BOARD
A. Scone of Duties The CRA Board shall be the governing body of the
CRA and is responsible for the legislative and policy functions. The Boynton Beach
CRA Board's scope of duties are as set forth in Chapter 163, Part III, Florida Statutes and
the Ordinances of the City of Boynton Beach, as amended from time to time,
B. Meeting Procedures Board meetings shall be conducted according to
procedures enacted by the Board. In the absence of Board - enacted procedures, Board
meetings shall be governed by Robert's Rules of Order.
C. Conflicts of Interest CRA Board members shall at all times conduct
themselves in compliance with the conflict of interest requirements as set forth in
Chapters 163 and 112, Florida Statutes, as well as any other applicable State statutes and
City ordinances.
(W D. CRA Expenditures CRA funds may only be expended in furtherance of
the CRA's mission and duties as provided for in the Florida Statutes and City ordinances.
To that end, the following shall apply:
1. The Board shall, as required by law, prepare and enact an annual
budget reflecting all anticipated revenues and expenditures.
2. Expenditures not specifically reflected in the budget or otherwise
falling within the category of budgeted normal operating expenses, shall require Board
approval at an official regular or special Board meeting.
3. Board members and, when appropriate, staff shall be entitled to
reimbursement of expenses incurred in the course of official CRA business subject to the
following:
(a) Such reimbursement shall be in compliance with relevant
state and city laws and ordinances, consistent with audit findings of any regular or special
audit commissioned by the CRA board, Boynton Beach City Commission or other
governmental entity, and pursuant to any Board adopted policies and procedures;
• (b) Such reimbursement shall be subject to reporting and
submission requirements as established by the Executive Director or his /her authorized
designee for implementation of Board adopted policies and procedures or, in the absence
of such Board adopted policies and procedures, as determined by the Executive Director;
(W 4. Board members shall restrict their use of CRA offices, telephones,
business machines or other properties to the sole purpose of conducting CRA business or
addressing CRA matters or concerns, All other uses shall be permitted only in
accordance with CRA policies and procedures and subject to reimbursement to the CRA
of the actual cost or value of the non -CRA related use of such services or properties.
E. Miscellaneous.
II. ADMINISTRATION
A. The CRA Board, by majority vote of its membership, shall appoint an
Executive Director who shall serve at the pleasure of the Board. The Executive Director
shall be appointed on the basis of executive and administrative qualifications as
established by the Board. The compensation and benefits of the Executive Director shall
be determined by the Board. The Board shall annually review the Executive Director's
performance. The Assistant Executive Director, in the absence of the Executive Director,
shall perform the duties of the Executive Director during his /her temporary absence.
Should the position of Assistant Executive Director not be filled, the Executive Director
shall designate an individual who shall perform the duties of the Executive Director
during his /her temporary absence.
B. The Executive Director shall be responsible to the CRA Board for the
proper administration of all affairs of the CRA coming under his /her jurisdiction and to
t aw that end the Executive Director's powers and duties include:
I. To see that the policies and directives of the CRA Board are
enforced.
2. To administer and manage the day to day operations and activities
of the CRA.
3. To prepare and submit an annual budget to the CRA Board for its
consideration.
4. To attend all meetings of the CRA Board with the right to take part
in the discussion but without having a vote,
5. To recommend to the CRA Board for adoption such matters as
he /she may deem necessary or expedient in the interest of the CRA.
G. To employ and remove all employees of the CRA; provided
however, that independent contractors such as the CRA attorney, consultants and other
contract vendors shall be appointed and removed in the sole discretion of the CRA Board.
7. To make such reports as the CRA may require concerning the
operations of the CRA.
8. To expend CRA funds or authorize the expenditure of CRA funds
(W only in compliance with State and City law, the budget approved by the CRA Board,
obligations incurred in the normal course of CRA business and as otherwise authorized
by the CRA Board.
Board, 9, To perform such other duties as may be directed by the CRA
C. No member of the CRA Board shall dictate the appointment of any person
to office or employment by the Executive Director or in any manner interfere with the
Executive Director or prevent him /her from exercising his /her own judgment in the
appointment of employees in the administrative service.
D. The Executive Director shall be the administrative head of the CRA under
the general supervision of the CRA Board. Except for the purpose of inquiries and
investigations, neither the CRA Board nor its member shall deal with CRA employees
who are subject to the direction and supervision of the Executive Director, or with
contractors, suppliers or vendors of the CRA except through the Executive Director, and
the CRA Board members shall not give orders to any such employees, contractors,
suppliers or vendors either publicly or privately. Except as specifically directed by the
CRA Board as a whole, and as otherwise reflected in officially adopted and enacted
Board resolutions, policies and procedures, the Executive Director shall have the sole
authority and responsibility to direct the actions and tasks of CRA staff. Nothing in the
foregoing is to be construed to prohibit the CRA Board from closely scrutinizing by
questions and personal observations, all aspects of CRA operations so as to obtain
independent information to assist them in the formation of sound policies to be
( considered bv. the CRA Board,
l
E. ` In order to insure the effective and efficient performance of staff duties
and functions, office visits by Board members with the Executive Director, or through the
Executive Director, other members of the CRA staff, shall be scheduled by appointment
through the Executive Director or his /her designee, All meetings with more than one ( 1)
Board member at a time shall be publicly noticed as required by law.
F. Between official Board meetings, the Executive Director shall endeavor to
(keep Board members reasonably informed of events or situations affecting the CRA
which, in the view of the Executive Director, require Board notification prior to the next
Board meeting or workshop. In the event the Executive Director is required, due to
unforeseen and/or uncontrollable circumstances, to deviate from a course of action he /she
was directed to take by the Board or had otherwise publicly announced, he /she shall
immediately consult with the Board chair, or in his /her absence, the Vice - chair, and will
provide notification to the remaining Board members as soon thereafter as practicable.
All such actions and communications shall be conducted in full compliance with
Florida's Government in the Sunshine and Public Records Laws.
MClient Documents\Boynton Beach CRAl2419- 0001Misc\Ru1es orGovernance.doc
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INTERLOCAL AGREEMENT BETWEEN THE
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
AND THE CITY OF BOYNTON BEACH
FOR HUMAN RESOURCE SERVICES
THIS AGREEMENT is made and entered into this 44-day of
2010, by
A" AM. between the BOYNTON BEACH COMMUNITY
AGENCY ( "CRA ") and the CITY OF BOYNTON BEACH
( "CITY") (collectively referred to as "the parties ").
WITNESSETH
WHEREAS, the CRA is a public Agency created pursuant to Florida Statutes
Chapter 163, Part III and has as its purpose the redevelopment of portions of the City of
Boynton Beach located within its geographically designated redevelopment area; and
WHEREAS, the City is a Florida municipal corporation; and
WHEREAS, the parties hereto desire to enter into an Interlocal Agreement in
order for the CITY to provide Human Resource Services to the CRA,
NOW THEREFORE, in consideration of the utual covenants - - arid pro- omises -
herein contained the parties hereby agree as follows:
1. ' Term The term of this Agreement shall be on a fiscal year basis
commencing on October 1, 2010 and ending on September 30, 2011, with automatic
renewals each year unless otherwise terminated in writing by the parties at least 30 days
before the termination date.
2. Scope
(a) Benefits:
(1) Utilize the existing City benefit plans and access to the
Benefits Administrator for questions.
(2) CRA share of benefit consultant, Willis of FL
(b) Services (including but not limited to):
(1) Human Resources Administration including internal
consulting and access to staff' for personnel related
questions by e- snail, phone, or scheduled appointment for
day to day H.R. related questions;
(2) Recruitment including posting vacancies on the City's web
site, advertising, applicant tracking, clerical testing,
screening, of applicants, participation in the interview
process, assistance with scoring candidates, background
checks, scheduling pre - employment physicals (cost charged
by vendor for advertising, background check and physicals
to be paid by CRA);
(3) New Hire orientation including assistance with payroll
related paperwork, acknowledgement of receipt of policies,
Workers Compensation presentation, a benefits overview
and assistance with the completion of enrollment
paperwork etc.;
(4) Benefits including participation in City's health plans, the
annual open enrollment, wellness initiative programs,
attendance at City's wellness fairs, Commit2bFit
presentations etc.
(5) Organizational development/training, access to City -based
#raanmg programs for CRS staff (a _$50 per class wi be - -
charged, which is also charged to the departments for City
employees who attend the classes);
(6) Document imaging, records management of employee
personnel files and responding to personnel related records
requests, employment verifications;
(7) Position control maintenance.
(c) Payroll and Leave Time Management:
(1) Initial Setup in H T E for CRA: (Setup pay codes, tables,
accrual rates, direct deposit info, bank info, etc.)
(2) Monthly Costs - processing payroll for 9 employees: (IRS
tax payments, quarterly 941 Report, Yearl) W -2
processing)
This assumes that the City will not need to have any programming
done to the existing payroll system, if so there may be additional
charge. This also assumes that all CRA employees are on direct deposit
and will receive their direct deposit paystubs by "online paystub service ",
as the City is in transition phase to have employees receive their direct
deposit form online versus paper copy.
2
B Data19711tems :90112171932 %CRA Human Resources_ILA (2010)(0803I0)KB.doc
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3. Cost The CRA agrees that it will pay TEN THOUSAND ONE
HUNDRED SEVENTY -FIVE DOLLARS AND 60 1100 ($10,175.60) as follows:
w Services outlined in ##2(a): $ 1,965.60
+. Services in #2(b) (including personnel file management):
a a) Setup/Prep of Personnel Files (one time charge) $ 250,00
■ b) Monthly charge $500 /month x 12= $ 6,000.00
Payroll services outlined in #2(c) (payroll & leave management):
■ a) Setup of records (one time charge) $ 280.00
M b) Monthly charge $140 x 12 $1,680.00
Estimated Total: $10,175.60
(W 4. 0 Me - e Location The City's Human Resources Department is located at
City of Boynton Beach
City Hall
100 E Boynton Beach Blvd.
Boynton Beach, FL 33425
(561) 742 -6275
5. Applicability of Sunshine Law The parties hereto agree that the conduct
of the affairs of the Human Resources Department shall be in accordance with Chapter
286.011, Florida Statutes, governing the Sunshine Law and that the records of the Human
Resources Department shall be deemed Public Records pursuant to Chapter 119, Florida
Statutes, and admiriisteired accordingly.
6. Governing Law This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
7. Severability if any provision of this Agreement or application thereof to
any person or situation shall to any extent be held invalid or unenforceable, the remainder
of this Agreement, and the application of such provisions to persons or situations other
than those as to which it shall have been held invalid or unenforceable shall not be
(W affected thereby, and shall continue in full force and effect, and be enforced to the fullest
extent permitted by law.
3
E; iData19 711tems\90U21719321GRA_Human Resources _ILA._(2010)(0803)0)KBdoe
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8. Entire Agreement This Agreement constitutes the entire understanding
of the parties and any previous agreements, whether written or oral, are hereby
superseded by this Agreement. This Agreement may be modified in accordance with
Paragraph 11 below.
9. Modification of Agreement This Agreement may be modified upon
mutual consent of the parties only in writing,
10. Binding Authorily Each person signing this Agreement on behalf of
either party individually warrants that he or she has full legal power to execute this
Agreement on behalf of the party for whom he or she is signing, and to bind and obligate
such party with respect to all provisions contained in this Agreement.
11. Disputes In the event of any dispute arising among the parties with
respect to the interpretation of the respective rights or obligations provided for by this
Agreement, the same shall be resolved by mediation with such mediation to be conducted
between the City Attorney and the CRA Attorney. If mediation is unsuccessful, any and
all legal actions necessary to enforce this Agreement will be conducted in Palm Beach
County, Florida. No remedy herein conferred upon any party is intended to be exclusive
_remedy,, _ and each and _ e�rery _ such remedy given he or now or
'(W hereafter existing at law or. in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power or remedy hereunder shall preclude any other or
further exercise thereof.
12, Interpretation This Agreement shall not be construed more strictly
against one party than against the other merely by virtue of the fact that it may have been
prepared by counsel of on of the parties.
13. Notices Any and all notices required or permitted to be delivered
pursuant to the terms of this Agreement shall be effective upon receipt, but in any event
no later than three (3) business days after posting by U.S. Mail, certified or registered,
postage prepaid or one (1) business day after deliver to an .expedited courier service such
as Federal Express to the addresses listed below, Any of the parties described herein may
change their address by giving notice to all other parties set forth in this subsection.
If the CITY: City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Attn.: Kurt Bressner, City Manager
With Copy to: James A. Cherof, City Attorney
(W 3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
4
E:\Data197\ltems%90112IV321CRA Human Resources_1Lk(2010)(0803I0)KB doe
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If the CRA: Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
Attn.: Lisa A. Bright, Executive Director
With Copy to: James A. Cherof, Board Attorney
3099 East Commercial Boulevard.
Suite 200
Fort Lauderdale, FL 33308
14. Effective Date This Agreement shall become effective on the date last
signed by the parties.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF BOYNTON BEACH
By:
Chairman
(W -
Date:
Attested by:
"Bright, ' irector
CITY OF BOYNT B�,EAAC-�H`
By: 411
l
Mayor
Date:
Attested by:
Kurt Bressner, City Manager
APPROVED S TO FORM:
James hero Es ire
5
E.AData1 9711t ems1901121 - !�9321CRA — Human_Resources lLA_(2010)(080310)KB.doc
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(W
2 RESOLUTION NO. R10-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING THE
7 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
s BOYNTON BEACH AND THE BOYNTON BEACH
g COMMUNITY REDEVELOPMENT AGENCY TO
10 PROVIDE HUMAN RESOURCES RELATED SERVICES
11 TO THE CRA; AND PROVIDING AN EFFECTIVE
12! DATE.
131 14
15 WHEREAS, the Interlocal Agreement permits the Boynton Beach Community
16 Redevelopment Agency (CRA) to utilize the City's Human Resource services including '
17 participation in the annual enrollment for medical and related insurance policies, participating
is in New Hire Orientation for benefits, assistance with recruitment, records management, access !
19 to City Human Resources staff for Human Resources questions as well as payroll services;
2C and
21 WHEREAS, the City Commission of the City of Boynton B=b, upon
22 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
23 City of Boynton Beach to approve the Inlerlocal Agreement between the City of Boynton
24 Beach and Boynton Beach Community Redevelopment Agency permitting the CRA to utilize
25 the City's Human Resources Department for Human Resource related services and payroll
Z services.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. Each Whereas clause set forth above is true and correct and
A incorporated herein by this reference,
S %VANRESMgmrmentdlReso- (LA with CRA (HR Services)(2010) doe I
j .
i
f
i
I Section 2. The City Commission of the City of Boynton Beach, Florida does
2 hereby approve the Agreement between the City of Boynton Beach and the Boynton Beach
3 Community Redevelopment Agency permitting the Boynton Beach Community
4 Redevelopment Agency to utilize the City's Human Resources department for Human
s Resource related services and payroll services, a copy of said Agreement is attached hereto as
bl Exhibit "A"
7 Section 3. That this Resolution shall become effective immediately upon passage.
TED this day ofAu Au gust, s PASSED AND ADOP s � y g , 2010.
9
10 CITY�?F BOYNTON BEACH, FLORIDA
11 �
13 Ma or — Jose R ' ez
14
1 Vi ay or arlene Ross
17
18
19 ommiss' er— William Orlove
20
21 •C!
22 Comm' ' 1 7a r
23
24 -_
25 Commissioner — teve olzman
26 ATTEST:
2 7
28
2 A
30 J t M. I'rainito, MMC
31 ,ty Clerk
3
33
3
35 or a Seal)
(W 3
3 �
3
5'(WREWASTeementAReso - ILA with V A (HR Servioes)(2010) doe
4IW 6. A
CONSENT AGENDA
June 3, 2014
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: June 3, 2014
❑ OPENINGS ❑ PUBLIC HEARING
❑ OTHER ❑ CITY MANAGERS REPORT
NATURE OF ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS
AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS
® CONSENT AGENDA ❑ LEGAL
❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS
CODE COMPLIANCE AND LEGAL
❑ SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R14 -045 -
Authorize the City Manager to sign an interlocal agreement between the Community
Redevelopment Agency(CRA) and the City of Boynton Beach for the City's I.T.S. Department to
provide technical support services in connection with the day - today governmental operations of
the CRA. The initial term of the agreement is three (3) years with the option to renew with a first
year payment by the CRA of $23,486.00.
EXPLANATION OF REQUEST:
This agreement retains the I.T.S. Department to provide the CRA with technical
support services in connection with the day -to -day operations of the CRA. This
agreement shall be for an initial term of three (3) years, with the option to be
renewed for two (2) additional three (3) year terms.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
The City's Information Technology Services (ITS) Department has been providing
technical support for CRA since 2006 under a previous Interlocal Agreement. The
original agreement contained language to allow for two extensions of the original
agreement, which were both exercised. Since the original agreement did not
allow for additional extensions, a new agreement is now necessary.
The new agreement is similar to the previous agreement in that it contains an initial
three (3) year term, with options to extend it for two (2) additional three (3) year terms.
(W • CRA will benefit from lower technical support cost by utilizing existing city
I.T.S. resources vs. vendors.
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• CRA will benefit from lower license cost by utilizing the city's enterprise
agreement for software licenses and maintenance.
• CRA will benefit from a secure network connection to the city's network for
GIS and e-mail.
• CRA and the City of Boynton Beach will benefit from meeting coordination,
information access, sharing, and coordination of resources via the city's e-
mail system.
• CRA will benefit from having access to city's GIS database, layers and
applications.
FISCAL IMPACT:
The City of Boynton Beach shall be paid the sum of Twenty Three Thousand Four
Hundred Eighty Six ($23,486) Dollars for the first year of this Agreement. Annual
payments to I.T.S. shall increase by three (3 %) percent for each year this
agreement is renewed, said increase to be effective on February 1 St each year.
CRA payments to the City of Boynton Beach for technical support during the next
three -year term will be:
Year 1 2/1/15 — 1/31/16 $23,486
Year 2 2/1/16 — 1/31/17 $24,190
Year 3 2/1/17 — 1/31/18 $24,916
ALTERNATIVES:
Do not approve this interlocal and the CRA would need to utilize outside
resources and vendors for their technology needs.
(W
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(W RESOLUTION NO. R14 -045
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A THREE (3) YEAR
INTERLOCAL AGREEMENT FOR TECHNICAL SUPPORT
BETWEEN THE CITY OF BOYNTON BEACH AND THE
COMMUNITY REDEVELOPMENT AGENCY (CRA); AUTHORIZING
THE CITY MANAGER TO SIGN THE INTERLOCAL AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City's Information Technology Services Department has been
providing technical support to the CRA since 2006 under a previous Interlocal Agreement; and
WHEREAS, that Agreement has expired and the new Agreement is similar to the
previous Agreement in that it contains an initial three (3) year term, with options to extend the
Agreement for two (2) additional three (3) year terms; and
WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation
(W of staff, hereby deems it to be in the best interests of the citizens and residents of the City of
Boynton Beach, to approve a three (3) year Interlocal Agreement for Technical Support,
providing for technical support in connection with the day -to -day governmental operation of the
CRA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve the Interlocal Agreement for Technical Support between the City of Boynton Beach and
the Community Redevelopment Agency (CRA) of the City of Boynton Beach, providing for
(W technical support in connection with the day -to -day governmental operations of the CRA for an
initial term of three (3) years.
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(W Section 3. The City Manager is hereby authorized to sign the Interlocal Agreement
for Technical Support on behalf of the City of Boynton Beach, a copy which is attached hereto as
Exhibit "A" and incorporated herein by reference.
Section 4. This Resolution shall become effective inunediately upon passage.
PASSED AND ADOPTED this day of June, 2014.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
(W
ATTEST: Commissioner — Michael M. Fitzpatrick
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
(W
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(W INTERLOCAL AGREEMENT FOR TECHNICAL SUPPORT
THIS INTERLOCAL AGREEMENT, made and entered into this day of
, 2014, by and between:
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF BOYNTON BEACH, FLORIDA, a public agency, having the
address, 710 North Federal Highway, Boynton Beach, Florida
33435 (hereinafter referred to as "CRA "),
and
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, having the address, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida 33435 (hereinafter referred to
as "CITY ").
WHEREAS, at its meeting of , 2014, the City of Boynton Beach approved
entering into this Agreement with the CRA, providing for the provision of technical support
services by CITY to the CRA; and
WHEREAS, at its meeting of , 2014, the CRA approved entering into an
Agreement with CITY; and
(W NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions
herein expressed and of the faithful performance of all such covenants and conditions, CRA and
CITY do mutually agree as follows:
1. PROJECT DESIGNATION. CITY is retained by the CRA to perform computer
technical services in connection with the day -to -day goverrunental operations of the
CRA.
2. SCOPE OF SERVICES. CITY agrees to perform the services, identified in the
document, entitled, "Client Agreement and Conditions for CRA Technical Services,"
which is attached hereto and made a part hereof as Exhibit "A ". All materials,
equipment, and supplies necessary for CITY to perform said services shall be the
responsibility of CRA. CRA shall use its best efforts in cooperating with CITY in
providing the information and documentation necessary to CITY in the performance of
the Technical Services under this Agreement.
3. TERM. This Agreement shall take effect upon the termination of that certain Interlocal
Agreement for Technical Support dated February 28, 2006, approved by the City in
Resolution R06 -053 and twice since extended by the Parties for two three year
extensions, the second of which is reflected in and approved by CRA resolution No. 11-
06 ( "Effective Date "). This Agreement shall be for an initial term of three (3) years and
(W may be renewed by the parties for two (2) additional three (3) year terms. This
Agreement shall terminate upon mutual agreement of the parties hereto or upon thirty
(30) days written notice of intent to terminate from one party to the other.
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(W 4. PAYMENT. CITY shall be paid by the CRA for services rendered under this
Agreement as follows:
a. CITY shall be paid the sum of Twenty Three Thousand Four Hundred Eighty Six
($23,486.00) Dollars for the first year of this Agreement.
b. CRA shall pay the annual amount owed to CITY, in four equal installments at the
beginning of each quarter. The first quarter shall begin on the first (1 day of the
month following the month in which the written notice to proceed as provided for
in Section 3 is given. The CRA shall pay, and the CITY may invoice payments to
facilitate fiscal year end billing.
C. The annual payment to CITY shall increase by three (3 %) percent for each year
during the terin of the agreement and any renewal terms. Said increase shall be
effective on February 1 St each annual anniversary of this Agreement.
d. Payment as provided in this section shall be full compensation for work
performed, services rendered.
e. The parties agree that should the demands on CITY increase as a result of
additional work stations, additional employees of the CRA, or changes to the
CRA Hardware and Software Inventory, the CRA and CITY shall renegotiate the
annual fee paid under this Agreement upon receipt of a written request from
(W CITY to renegotiate.
5. COMPLIANCE WITH LAWS. CITY agrees to perform the services contemplated by
this Agreement, and faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
Agreement.
6. GOVERNMENTAL IMMUNITY.
a. CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and CRA is a
public agency created pursuant to Chapter 163, Florida Statutes. To the extent
permitted by law, each party agrees to be fully responsible for acts, omissions, and
negligence of their agents, officers, or employees. Nothing herein is intended to serve
as a waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out
of this Agreement or any other contract.
b. Both parties acknowledge that this is an Interlocal Agreement created pursuant to
Section 163.01, Florida Statutes, and that each party shall retain all legislative
authority with regard to its respective governing body. All of the privileges and
immunities from liability; exemptions from laws, ordinances, and rules; pensions and
relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents or employees of any public agency when performing their
respective functions within the territorial limits for their respective agency shall apply
to the same degree and extent to the performance of such functions and duties of
those officers, agents, or employees extra - territorially under the provisions of any
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Interlocal Agreement.
7. INDEPENDENT CONTRACTOR STATUS.
a. CITY and its employees, subcontractors, volunteers and agents, shall be and remain
independent contractors and not agents or employees of CRA with respect to all of the
acts and services performed by and under the terms of this Agreement. This Agreement
shall not in any way be construed to create a partnership, association or any other kind of
joint undertaking or venture between the parties hereto.
b. CRA will not be responsible for reporting or paying employment taxes or other
similar levies which may be required by the United States Internal Revenue Service or
other state agencies.
8. NON - DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT.
During the performance of the Agreement, CITY shall not discriminate against any
employee or applicant for employment because of race, religion, color, sex or national
origin. CITY will take affirmative action to ensure that employees are treated during
employment, without regard to their race, creed, color, or national original. Such action
must include, but not be limited to, the following: employment, upgrading; demotion or
transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. CITY
shall agree to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this non - discrimination clause.
9. NON - EXCLUSIVITY. This Agreement is considered a non - exclusive Agreement
between the parties. The CRA shall have the right to purchase the same kind of services
to be provided by CITY hereunder from other sources during the term of this Agreement.
10. ASSIGNMENT. CITY shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CRA.
11. NON - WAIVER. Waiver by the CRA of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
12. TERMINATION. This Agreement may be terminated for convenience or cause by
either party by providing thirty (30) days notice to the other party. Should termination be
for convenience, termination shall be without liability to the terminating party. In the
event of any termination, CITY shall be paid the pro rata sum for services performed, or
if prepaid, CITY would return to the CRA the pro rata sum paid in advance.
13. DISPUTES. In the event that a party has a dispute with respect to the other party's
performance hereunder, the party shall notify the other party in writing in accordance
with Article 14, advising of the disputed matter. In the event that the disputed matter is
not resolved to the satisfaction of the CRA and the City, the dispute shall be submitted to
a mediator mutually agreed to by the parties before any litigation is brought.
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(W 14. NOTICES. Notices to the CRA shall be in writing and sent via U.S. Mail to the
following address:
CITY OF BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
710 North Federal Highway
Boynton Beach, FL 33435
ATTN: Vivian Brooks, Executive Director
With copy to:
CRA Attorney
c/o Lewis, Longman & Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, FL 33401
Notices to CITY shall be sent to the following address:
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425 -0310
ATTN: John McNally, ITS Manager
With copy to:
City Attorney
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
15. SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this
Agreement, or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way affect the validity or enforceability of any other portion
or provision of the Agreement. Any void provision shall be deemed severed from the
Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties
further agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
16. INTEGRATED AGREEMENT. This agreement, together with attachments or
addenda, represents the entire and integrated agreement between CITY and the CRA and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both CITY and CRA.
17. AMENDMENTS. It is further agreed that no modification, amendment or alteration in
the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
r 18. CHOICE OF LAW; WAIVER OF JURY TRIAL. Any controversies or legal
problems arising out of this transaction and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State
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(W courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida, the venue situs,
and shall be governed by the laws of the State of Florida. In the event any causes of
action arising out of this Agreement are pre - empted by federal law, any such
controversies shall be submitted to the jurisdiction of the United States District Court for
the Southern District of Florida. To encourage prompt and equitable resolution of any
litigation that may arise hereunder, each party hereby waives any rights it may have to a
trial by jury of any such litigation.
19. BENEFITING PARTIES. This Agreement is intended to benefit the parties to this
Agreement. The parties agree that there are no third party beneficiaries to this
Agreement and that no third party shall be entitled to assert a claim against either party
based upon this Agreement. The parties expressly acknowledge that it is not their intent
to create any rights or obligations in any third person or entity under this Agreement.
20. CONSTRUCTION OF AGREEMENT. The terms and conditions herein are to be
construed with their common meaning to effectuate the intent of this Agreement. All
words used in the singular form shall extend to and include the plural. All words used in
the plural form shall extend to and include the singular. All words in any gender shall
extend to and include all genders.
21. APPLICABILITY OF FLORIDA'S PUBLIC RECORDS LAW. The parties
acknowledge and understand that the rules, regulations and statutes regarding public
records are applicable to this Agreement and the services provided thereunder. CRA
understands that public records as defined in Chapter 119, Florida Statutes, created with
CRA computer equipment, software and hardware, including but not limited to e -mail
and internal memoranda, constitute public records under the laws of the State of Florida,
and are subject to disclosure unless otherwise exempt.
22. RECORDING. This Agreement shall be recorded in the public records of Palm Beach
County, in accordance with the Florida Interlocal Cooperation Act of 1969.
23. MODIFICATION. It is further agreed that no modifications, amendments or alterations
in the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this
day of , 2014.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Print name: , Chairman
ATTEST:
Print name: ,Secretary
Approved as to forni:
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r Kenneth G. Spillias, CRA Attorney
CITY OF BOYNTON BEACH
Lori LaVerriere, City Manager
Attest:
Janet Prainito, City Clerk (CITY SEAL)
Approved as to form:
Office of the City Attorney
DNT:dnt
S: \CA\AGMTS \ITS \CRA Technical Services - 2306.doc
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r -
Exhibit A
Client Agreement and Conditions
for
CRA Technical Services
The City of Boynton Beach Information Technology Services Departments (ITS) and the
Community Redevelopment Agency (CRA) has entered into a technical support agreement to
provide technical support for the CRA Director and staff members.
Technical support will include support for the CRA's server and storage, firewall, router, network
equipment, personal computers, printers and peripherals, City of Boynton Beach enterprise
software (Active Directory, Exchange email, SunGard /HTE Naviline, etc.) and CRA specific
software.
Support will also include use of the GIS Division's ESRI software and access to GIS staff for
training, education and support of ESRI and other GIS -based software.
Other services such as use of the City's security policies, anti -virus software, Windows automatic
update policies will apply to the CRA computing and network environment.
Technical support services include unlimited technical support during normal business hours
(Monday through Friday, 8:00 AM to 5:00 PM), as well as access to ITS on -call personnel for
emergency issues during non - normal business hours.
The City of Boynton Beach will utilize change management policy to address any configuration
changes to the CRA servers, PCs, peripherals, printers, and network environment.
Technical support response and resolution parameters are based on problem severity and impact
on business operations. Our service level agreement parameters are listed below and will be
adhered to by our staff for this support engagement.
Severity Code Customer Impact Service Response to Customer Resolution Time
1- Critical Business Halted Updates every 30 minutes Until Fixed
2- Urgent Business Impacted 2 -4 Hours 4 hours
3- Important Non - Critical 1 -3 Days 1 -3 Days
4- Request Normal Business 3 -5 Days 30 Days
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