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23-008 - Employee Handbook f.k.a PPM 1 ORDINANCE NO. 23-008 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING CHAPTER 2, "ADMINISTRATION" ARTICLE X, 5 "PERSONNEL POLICY MANUAL" OF THE CODE OF 6 ORDINANCES TO UPDATE THE EMPLOYEE HANDBOOK (FKA 7 PERSONNEL POLICY MANUAL) OF THE CITY OF BOYNTON 8 BEACH; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, on February 2, 1998, by Ordinance 098-06, the City Commission of 12 the City of Boynton Beach, adopted a Personnel Policy Manual for the City of Boynton 13 Beach, which document was further amended by Ordinance No. 098-34 dated 14 September 3, 1998, Ordinance 098-44, dated December 1, 1998; Ordinance 02-031, 15 dated August 6, 2002, Ordinance 03-047, dated September 2, 2003, Ordinance 03-049, 16 dated September 16, 2003, Ordinance 05-048, dated September 6, 2005; Ordinance 17 09-018, dated April 7, 2009 and Ordinance 11-015, dated May 3, 2011; and 18 19 WHEREAS, the Human Resources Director is charged with the responsibility 20 of reviewing the document on a continual basis and making recommendations for 21 amendments to the policies from time to time, to correctly reflect the intent and 22 purposes of the City's personnel program; 23 24 WHEREAS, the Human Resource Director with the assistance of administrative 25 staff has undertaken a comprehensive review of the Employee Handbook (fka PPM) and 26 has recommended numerous changes. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 31 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being 32 true and correct and are incorporated herein by this reference. 33 34 Section 2. City of Boynton Beach's Code of Ordinances, Chapter 2, 35 "Administration" Article X, "Personnel Policy Manual" is hereby amended as follows: 36 37 ARTICLE X. PERSONNEL POLICY MANUALEMPLOYEE HANDBOOK 38 39 Sec. 2-151. Employee Handbook adopted by 40 reference. 41 The City Commission of the City of Boynton Beach, Florida, hereby formally 42 adopts the Personnel Policy ManualEmployee Handbook, and all subsequent 43 amendments thereto, which document is designated as Exhibit "A" of Ordinance 44 No. 98-0623-008, which is incorporated herein as if set out in its entirety. 45 46 Section 3. Should any section or provision of this ordinance or portion 47 hereof, any paragraph, sentence or word be declared by a court of competent 48 jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. 49 50 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of 51 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 52 such conflict. 53 54 Section 5. Authority is hereby given to codify this Ordinance. 55 56 Section 6. This Ordinance and the amendments to the Employee Handbook 57 adopted thereby shall become effective on passage.The amendments to the Employee 58 Handbook which constitute mandatory subjects of bargaining, if any, shall take effect 59 when implemented through collective bargaining or waiver of bargaining. 60 61 FIRST READING this 18th day of April, 2023. 62 SECOND, FINAL READING AND PASSAGE this 2nd day of May, 2023. 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES NO 65 66 Mayor—Ty Penserga 67 68 Vice Mayor—Thomas Turkin 69 L% 70 Commissioner—Angela Cruz 71 72 Commissioner—Woodrow L. Hay 73 74 Commissioner—Aimee Kelley 75 76 A VOTE 77 78 (11_7 79 Maylee e i-.us, MPA, M C Ty Pen • g. 80 City Clerk Ma 81 82 APP'• AST OR 83 (Corporate Seal) _'SON BEgo`% 84 i.5':oW• 85 ��o ��PFO: t Michael D. Cirullo, Jr. 86 ; � •QO�� ; City Attorney c, �j G,7 Y 0,. ..c..0._....„ /"--a. --' 0% -sc O~TON iSif _-0P 9 a te.o \ CITY OF BOYNTON BEACH EMPLOYEE HANDBOOK \\Q �� d \A\ 0,......„,__ 4100 W ,,. ii :s H./ 1' CITY (yr� BOYNTON BEACH Important Notice: Many of the policies contained in this manual are based on policy determinations. legal provisions. interpretations of law, and employee relations principles, all of which are subject to change. For this reason, this manual is considered to be a guideline and is subject to change with little notice. This manual does not constitute a contract of employment. Nothing in this manual shall be construed to constitute a contract or offer of a contract. The City has the right. at its =' discretion, to modify this manual at any time with or without notice. The provisions set forth in this manual are not intended to create a property right or entitlement. Nothing herein limits the City's rights to terminate employment. >` - TABLE OF CONTENTS Page Welcome and Introduction from City Manager 4 City Profile 5 I. GENERAL PROVISIONS 01. Purpose of These Policies 6 02. Organization for Personnel Administration 6 03. Equal Employment Opportunity Statement 7 04. Code of Ethics 8 05. Anti-Harassment 8 06. Violence in the Workplace 10 07. Drug and Alcohol Use 11 08. Americans with Disabilities Act(ADA) 11 09. Effective Date of Policies 12 II. EMPLOYMENT 01. Types of Employees 12 02. Recruitment and Selection 12 03. Nepotism 15 04. Hours of Work 15 05. Human Resources Information / Employee Files 16 06. Probationary Period 16 III. COMPENSATION 01. Overtime 17 02. Callback and On Call 18 03. Compensatory Time 18 04. Incentive Pay System 19 06. Demotions/Transfers 19 07. Travel 20 IV. BENEFITS 01. Legal Holidays 21 02. Furlough Hours 22 03. Vacation Leave • 22 04. Sick Leave with Pay 23 06. Bonus Hours - 24 07. Leave With Pay 25 08. Leave of Absence 27 09. Family and Medical Leave Act (FMLA) 27 10. Paid Parental Leave 28 11. Retirement Benefit 28 V. PROFESSIONAL DEVELOPMENT 01. Professional Career Training 29 02. Tuition Assistance 29 City of Boynton Beach Effective Date:03/01/1998 Employee Handbook Last Revised: 01/06/2023 2 VI. DISCIPLINE 01. Disciplinary Actions 30 Misconduct 30 Serious Misconduct 31 Extreme Misconduct 32 Procedure for Disciplinary Action 33 02. Disposition of Criminal Charges 36 03. Formal Grievances 37 VII. RESIGNATION / TERMINATION 01. Resignation/Termination 39 02. Lay Off 39 VIII. APPENDIX 01. DEFINITIONS 40 City of Boynton Beach Effective Date:03/01/1998 Employee Handbook Last Revised: 01/06/2023 3 WELCOME AND INTRODUCTION FROM CITY MANAGER The City of Boynton Beach known as "America's Gateway to the Gulfstream" is a great place to live, work, raise a family and grow a business. Located in the heart of Southeast Florida, the center of Palm Beach County, our coastal community is highly personable with a big heart and plenty of opportunities. Everywhere you look, you see growth. The City of Boynton Beach is the third largest municipality in Palm Beach County, consisting of 16.5 square miles (including forur miles of the Intracoastal Waterway) . Our city has outstanding schools, superb healthcare, numerous opportunities for growth, a wide variety of shopping and dining opportunities as well as natural resource and recreation areas. We are a place where families go to raise their children or to retire. However, as we continue to grow, let's not forget the past. The City of Boynton Beach has a rich and unique history. I encourage everyone to celebrate our history and the historical landmarks that are meaningful to our great City. Historic preservation provides an opportunity to recognize the important role of history. Historic preservation is also effective for economic development, tourism promotion, growth management, neighborhood revitalization, fostering local pride, enhancing livability, and maintaining community character. I believe it is important to celebrate the history of our community as it has shaped our reality today. Excellence is a moving target, and our City Commission and Mayor are to be commended for their commitment to the betterment of our community, their courage and leadership. City staff are superb, whole-heartedly dedicated to the constituents of Boynton Beach. Theirs is a job that is not 8-5 but instead a 24-hour commitment. They excel at customer service and performing their duties at a high level. They are an extraordinary group of individuals that define what Thomas Jefferson said, "Good governing with good intentions is the hallmark of our government. Implementation with integrity should be our core passion." I am truly humbled to be a part of this team and thankful every day for their service. The safety and well-being of our constituents is always at the forefront of our activities. As our city continues to experience growth, challenges will arise and must be overcome for the growth to be productive, positive, and successful. As the City Manager, I am thankful for the constituents we serve, our small-town atmosphere, and our friendly community. I encourage you all to get out, get involved and be a part of this wonderful community. DaN,Duaaer City Manager • City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 4 CITY PROFILE it `,k ' ! , vs• wh i ,•r it ., „ Jt• �,,i. 1 IW• riII , :, [! ...�.� 7 �• `I m.414..4 '! . IF , s" ;fi __ i ,L 1 ;_ ilow Our Future Aspiration Vision: A welcoming and progressive coastal community that celebrates culture, innovation, and business development. Our Core Purpose Mission: The City of Boynton Beach is a vibrant, and sustainable community that provides exceptional services. How We Work Values: Leadership and Service Oriented, Ethical, Vitality/Vibrant, Agile/Adaptable, Unified and Compassionate, Innovative, Creative, and Inclusive City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 5 I. GENERAL PROVISIONS 01. Purpose of These Policies A.The Employee Handbook is a collateral document pertaining to all personnel including full-time, part-time, temporary, volunteer, and contractural services. If the bargaining agreement that covers an employee or an employee's employment letter does not address specific issues then these policies shall apply as to that issue. B. An employee who is promoted or reclassified from classifications previously covered by a bargaining unit agreement or by any previous rules or regulations into positions affected by these policies, shall be considered covered by these policies effective as of the date of the promotion or reclassification. Approval of Policies These policies shall be in force and effect when approved by Ordinance of the City Commission. Amendment of Policies These policies may be amended from time to time by Ordinance of the City Commission. Codification The City Administration reserves the right to re-codify the Employee Handbook to facilitate its use. 02. Organization for Personnel Administration City Commission The City Commission shall: A. Have the power to approve or amend the Policies after receiving a recommendation from the City Manager. B. Have the power to appoint the City Manager. City Manager The City Manager shall: A. Be responsible to the City Commission for the administration of the Employee Handbook. B. Appoint, promote, transfer, remove, demote, suspend, or discipline all employees. The City Manager may, in his/her discretion, delegate administrative authority to his/her designee to approve personnel actions. The City Manager may enter into letters of employment to hire or retain exempt status management employees under such terms and conditions as the City Manager deems necessary. C. Perform other duties and have executive power in personnel administration as is vested in the City Manager by the provisions of the City Charter, applicable law and these City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 6 policies. D. Appoint a Director who shall be responsible to the City Manager for the administration of the City's Human Resources programs. Human Resources Director The Human Resources Director shall: A. Administer the provisions of these policies. B. Develop and administer recruitment and examination programs to source qualified applicants to meet the needs and core values of the City. C. Develop, administer and maintain job descriptions/classification specifications that reflect the duties being performed by each employee. D. Perform a periodic review of compensation levels, in the area, to the extent that such levels affect City employment. E. Provide forms and/or procedures as necessary, appropriate or desirable to carry out the Human Resources programs. F. In cooperation with the City Manager and various department heads, develop and establish training and educational programs for employees as conditions warrant. G. Perform Human Resources administration activities consistent with the City Charter or these policies, as the City Manager may direct, or as may be required by Ordinance. H. Prepare and recommend policies or amendments to the policies as necessary or advisable to carry out the intent and purposes of the City's Human Resources programs. I. Administer the Employee Benefit Programs. J. Periodically, review the Employee Handbook and make recommendations to the City Commission through the City Manager for amendments. K. Administer the Performance Evaluation Program. 03. Equal Employment Opportunity Statement The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, disability (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, veteran status and/or other protected class status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. It is the policy and practice of the City of Boynton Beach to treat all employees with dignity and respect and to provide equal opportunity to all persons without regard to race, age, color, religion, sex, pregnancy, national origin, physical or mental disability, genetic information, marital status, City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 7 veteran or military status, sexual orientation, gender identity or expression, or any other category protected by applicable federal, state, or local law. The City's responsibility as a public agency is to ensure an on-going commitment to Equal Opportunity and making the workforce profiles more closely reflect the available labor force of the community. Equal opportunity encompasses all aspects of employment practices, including but not limited to recruiting, hiring, training, compensation, benefits, promotions, transfer, layoffs, recall from layoffs, discipline, and department-sponsored education, social, and recreational programs. It is the policy of the City of Boynton Beach government that all personnel actions and employment practices are based solely on the requirements of the position and the qualifications of the applicant without regard to race, age, color, religion, sex, pregnancy, national origin, physical or mental disability, genetic information, marital status, veteran or military status, sexual orientation, gender identity or expression, or any other category protected by applicable federal, state, or local law. In addition, the City prohibits retaliation against any individual who reports discrimination or harassment or who participates in any investigation of such reports, or who engages in any other activity protected by applicable law. This policy covers all personnel actions affecting hiring, job assignments, training, promotions, transfers, compensation, discipline, termination of employees, or any other tangible employment benefit or term or condition of employment. The City will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship or where doing so would cause a direct threat to the health or safety of the individual or others. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. If, during the course of employment, an employee sustains any type of physical or mental impairment which limits the employee's ability to perform the essential functions of his or her job, the City may require that the employee provide medical documentation regarding any such impairment and, if appropriate, identify specific accommodations which may assist the employee. The City will engage in an appropriate interactive process with the employee in determining potential accommodations when requested by the employee. All information provided regarding any impairment will be handled confidentially to the extent required by law. 04. Code of Ethics In accordance with the City of Boynton Beach current Ordinance, all City employees are subject to and must comply with the Palm Beach County Code of Ethics and City policy number 02- 002. Employees are required to complete City ethics training programs and submit a signed proof of training to Human Resources for inclusion in the employee's personnel file. 05. Anti-Harassment Pursuant to the Equal Employment Opportunity Commission (EEOC): "Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act Ammendments Act (ADAM) passed by Congress in 1990. Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 8 orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following: • The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee. • The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct. • Unlawful harassment may occur without economic injury to, or discharge of, the victim. Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed. Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation." Provisions 1. All levels of supervisors are responsible for communicating this policy, and for recognizing, responding, taking corrective actions, and/or preventing the harassment of City employees. 2. Employees who feel they are a victim of harassment have an obligation and a duty to advise the individual instigating the harassment that the conduct or behavior is unwelcome and offensive only if employees feel safe to address their concerns with the alleged perpetrator. If the behavior continues, the employee is required to immediately report the behavior to their own supervisor or to Human Resources. The individual instigating the harassment may City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 9 not necessarily be another employee, co-worker, or supervisor, but may also be any other person conducting business for or with City employees. 3. Employees are required to complete Preventing Harassment and Discrimination policy training on-line as directed. Procedures 1. Employees should report any harassment complaint immediately. Employees have the option of reporting the complaint as follows: a. To their supervisor or department director; and b. To the Director of Internal Investigations and Accountability; 2. A written statement will be requested of the complainant. The Office of Internal Investigations and Accountability will begin coordinating and conducting the investigation process in a timely manner. 3. The Office of Internal Investigations and Accountability will provide an administrative response in to the employee filing the complaint and to the individual(s) involved in the harassment in a timely and reasonable manner. 4. Human Resources will be responsible for determining, processing and delivering corrective action, if any, to the appopriate party(ies). 5. If the City has placed the Subject on Administrative Leave and the employee still perceives the situation to be threatening, that employee may request authorization to use accrued annual leave, leave without pay or a job transfer. Approvals will be determined on a case- by-case basis. 6. Disciplinary and/or corrective actions shall be imposed based upon the severity of confirmed harassment. 7. Confidentiality, to the extent permitted by law, shall be maintained to the extent allowed by law to the persons involved in any investigation of a complaint. 8. Employees exercising their rights by filing a complaint in good faith will not be retaliated against by the City regardless of the findings of the investigation; however, any employee found to have provided false or misleading information or one who does not fully cooperate with an investigation when filing a complaint may be subject to disciplinary action. 9. The Director of Human Resources shall determine the administrative operating procedures for this policy. 06. Violence in the Workplace The City of Boynton Beach maintains a zero tolerance policy toward workplace violence. It is the intent of the City to provide a workplace free from intimidation, threats, or violent acts. 1. Violence, potential for violence, or the threat of violence, by or against any employee of the City of Boynton Beach, is unacceptable and will subject the perpetrator to serious disciplinary action up to and including termination, and criminal charges. 2. Possession, use, or threat of use, of a weapon, including any type of firearm, is not permitted at work, or on City property, including City vehicles, unless such possession or use of a weapon is a necessary and approved job requirement . 3. Any person who exhibits unusual behavior or makes threats, exhibits potential for violence City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 10 or threatening behavior, or engages in violent acts on City property shall be removed from the premises as quickly as safety permits, and shall remain off the City's premises pending the outcome of an investigation. 4. All City employees are responsible for notifying management of any threats, which they have witnessed, received, or have been told that another person has witnessed or received. a. Even without an actual threat, employees should report any behavior they have witnessed which they regard as threatening or violent. b. Failure to notify management of such activity will subject the employee to serious disciplinary action up to and including termination, and criminal charges. 5. No employee acting in good faith, who reports real or implied violent behavior will be subject to retaliation or harassment. 6. The actions of a supervisor, manager, or other employee will be dependent upon the seriousness of the situation. However, consistent with personal safety, managers and supervisors have a responsibility to make a good faith effort to defuse violent or potentially violent situations as quickly as possible in order to prevent their escalation and creating a threat to others. 7. Employees are required to complete Violence in the Workplace Policy training upon employment and every even year 07. Drug and Alcohol Use The City of Boynton Beach does not tolerate any type of substance abuse including the use of illegal drugs, the abuse of prescribed drugs or alcohol abuse. This prohibition includes the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in or away from the workplace. Employees are required to comply with the terms and conditions of the City's Drug Free Workplace policy as approved in the most current City Ordinance. Any employee who violates this policy is subject to disciplinary action up to and including dismissal. (See Section VI Discipline .01 Disciplinary Actions, Extreme Misconduct.) The City recognizes drug dependency as an illness and a major health problem. Consequently, it provides an Employee Assistance Program (EAP) that offers short-term counseling, assessment and referral services to an employee or an employee's immediate family members. Drug and alcohol testing for employees will be performed in accordance with City policy and as required to meet the requirements of the Department of Transportation and the City's Drug Free Workplace Policy and the City's Safety Manual. 08. Americans with Disabilities Act as Amended (ADAA) The City of Boynton Beach as an employer has a responsibility to ensure that all applicants and employees are treated fairly in all aspects of employment. It is the policy of The City of Boynton Beach to provide a workplace free from unlawful discrimination in which all applicants and employees have equal opportunity in all areas of employment. In compliance with the U.S. Department of Labor, Code of Federal Regulations, 28 C.F.R. 35.107, the City has designated the Human Resources Director as the City's ADA Coordinator for employment related purposes. It is the policy of the City to fully comply with the Americans with Disabilities Act (ADAA). City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 11 Anti-Retaliation The city is prohibited from engaging in retaliation as an adverse employment action against a covered employee because he or she engaged in a protected activity. 09. Effective Date of Policies The original effective date of the PPM is March 30, 1998, with amendments in 2000, 2002, 2003, 2005, 2009 and 2011. The Employee Handbook has been updated from the Personnel Policy Manual (PPM) effective May 2, 2023. II. EMPLOYMENT 01. Types of Employees City employees are divided into three (3) groups: contract employees, regular employees and bargaining unit employees. 1. Contract Employees are senior management positions who may be hired by the City Manager by letters of employment. The letter of employment shall state salary, benefits, terms and conditions of employment and will specify which provisions of the Employee Handbook shall not apply to the employee. 2. General Employees are employees whose terms and conditions of employment are covered by the Employee Handbook. General employees are not otherwise designated as contract employees or as bargaining unit employees. 3 Bargaining Unit Employees are those employees whose positions are covered by a specific bargaining unit and whose terms and conditions of employment are covered by that agreement. 02. Recruitment and Selection In order for the City to be operationally competitive with other governmental entities as well as the private sector, the recruitment and retention of qualified employees is of paramount importance. To achieve maximum efficiency, vacant positions shall be filled with the most qualified candidates in the best interests of the City through recruitment, selection, promotion/demotion or hiring of employees on the basis of their qualifications and relative knowledge, abilities, and skills. Basic Requirements 1. Human Resources is responsible for the nondiscriminatory implementation of this policy. 2. Each department is responsible for assisting the Human Resources Department with recruitment, interviews, tentative selections, and recommendations for employment. Departments do not have the authority to modify or waive the provisions of the Employee Handbook. 3. Human Resources has primary responsibility for hiring employees. All employment discussions by department representatives are to be considered non-obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 12 employment made to an individual prior to obtaining all necessary authorizations shall not be binding on the City. Procedures A. Applications and Interviews 1. Once Human Resources has officially announced a job vacancy through the posting of an Employment Opportunity notice on the City's website, the official recruitment process has begun. The recruitment process may be withdrawn for any position by the Director of Human Resources. 2. Individuals desiring consideration for employment must submit an Application for Employment, to Human Resources via the City's website or any other approved method. All information provided in the Application for Employment will be subject to verification. 3. Current employees who are interested in and qualify for a posted vacancy are encouraged to apply by submitting their applications via the City's website or any other approved method. Veterans' preference will be given in compliance with current legislation. 4. Falsification of any part of the Application for Employment or any related documents may, upon discovery, lead to the denial of an application, withdrawal of an offer of employment, or dismissal of the employee regardless of the employee's length of service. 5. Departments should not accept applications or resumes.Applicants should be referred to the City's website or the City's Human Resources department. 6. Human Resources will accept applications for employment when a job vacancy has officially been announced through the posting of the Employment Opportunity notice on the City's website. 7. Human Resources will conduct comprehensive background checks including but not limited to verification of employment, professional references, criminal history, motor vehicle records, academic degrees, certifications, licenses, and pursuant to the Drug Free Workplace policy. If the City finds that the background check demonstrates an arrest or conviction or any other information in which the applicant or employee is unfit for the job (or unfit for employment in general), the City may not hire upon assessing the seriousness and materiality of the criminal history to the job itself. 8. Certain classifications may require meeting applicable testing requirements prior to candidates being given consideration. Human Resources will administer examinations for classifications that require tests as part of the selection process. 9. Human Resources will forward passing appicants that meet the minimum qualifications of the position to the appropriate Department Head/Department Head Designee or the hiring manager. 10. Upon receipt of applications, Human Resurces will: a. Review and evaluate all applications based on, but not limited to; minimumqualifications, knowledge, abilities, skills, education, degree requirements, experience, and certifications or licenses required in accordance with current classificationper job posting. b. Determine that the applicant pool is sufficient prior to proceeding to the interview and/or applicant testing step and prior to making a City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 13 recommendation for employment. c. Prepare an interview schedule and conduct interviews with eligiblle applicants. d. Determine which candidate is most qualifiedfor further consideration and proceed with applicant testing, if applicable, or additional interviews, if necessary. e. Re-post the position if a selection cannot be made by the hiring panel. B. Conditional Offer Process 1. Following interviews, the department will notify Human Resources of their candidate selections and determined salary and provide salary justification if applicable. Human Resources will submit the application and salary for review and approval by the appropriate leadership. If approved, Human Resources will extend a conditional offer to the candidate. 2. Human Resources Department is responsible for and not limited to: a. Providing the appropriate preboarding checklists and forms to the applicant for completion. b. Review all results of verification, inclusive of, but not limited to: relative current and previous employment verifications, professioanl references, academic diplomas and degrees, certifications and licenses, background check, Motor Vehicle Report (MVR), drug screen results, Department of Transportation Clearinghouse results, and/or physical exam. There may be additional components in the conditional offer process, which will be outlined to the candidate when the conditional offer is extended. Please note, all information provided on the Application for Employment will be subject to verification. Based on the results reviewed during the conditional offer, Human Resources will submit the information for review with the Director of Human Resources & Risk Managerment for final approval. 3. It is the City's intent to employ the most qualified applicant best suited for the position. Current employment with the City is a factor, but is not, in and of itself, the determinative or controlling factor. C. Final Offer Acceptance 1. Employment acceptance must be made by the applicant, within three (3) business days of the conditional offer, unless otherwise extended by Human Resources. If employment acceptance is declined, the department may consider another applicant from the recruitment's applicant pool, or the department may choose to begin a new recruitment process. Employment Procedures shall be followed in either case. 2. Upon acceptance of a final offer, the applicant will provide their available start and Human Resources will confirm with the department D. Orientation Human Resources shall schedule and conduct a general orientation program for all new employees City of Boynton Beach Effective Date:03/01/1998 Employee Handbook Last Revised: 01/06/2023 14 to explain the City's history and organization, to review City Policies including the Code of Ethics, to assist with the completion of benefit program enrollment forms, and to emphasize the use of safe work practices. New employees must provide proof of work eligibility and verification of identity to the City within three (3) business days of their first work day in accordance with the Department of Homeland Security's employment eligibility requirements. Upon hire, Human Resources will forward the necessary employee paperwork to the Finance Department for payroll purposes. 03. Nepotism This Section establishes the City's policy regarding nepotism, which complies with the current Palm Beach County Code of Ethics, Section 2-445, Anti-nepotism law. A. All employees who are employed in, appointed to, promoted to, or transferred to a position shall disclose at the time of the appointment, employment, promotion or transfer the name(s) of any relative(s) serving as an elected or appointed City official(s) or employee(s) then employed by the City. B. If employees become related after their appointment, employment, promotion or transfer, the affected Department Director(s) and the Human Resources Director shall resolve the matter consistent with the Palm Beach County Code of Ethics. Resolution may include transfer of one or both employees. Department policies may also apply. C. "Relative" as used herein, means a person who is related by blood, marriage or adoption, as father, mother, son, daughter, brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter—in-law, step-father, step-mother, step-son, step-daughter, step- brother, step-sister, half-brother, half-sister or domestic partner. D. A person who is a relative of a City official or employee may not be appointed, employed, promoted, or advanced in or to a position in any department/division, if the related City official or employee is, or would be the person's supervisor or would exercise any authority or control over or otherwise regulate the duties and responsibilities of the person, or if the person would supervise or exercise any authority or control over or otherwise regulate the duties and responsibilities of the related City official or employee. E. The provisions of Florida Statute 112.3135, regarding nepotism shall supersede any provision of this Policy. 04. Hours of Work The City Manager shall establish the hours of work for all departments and employees of the City, considering the functions and operations involved. The City Manager shall establish uniform starting and ending times for supervisors and employees on all shifts pursuant to the Fair Labor Standards Act (FLSA). A. The scheduled number of work hours per week by department is normally 40 hours; however, weekly hours for specific job classifications may vary as determined in accordance with each department's needs and operations. The individual Department Director establishes the work start times and stop times. B. The workweek for payroll purposes is Monday to Sunday and is used for calculating overtime. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 15 05. Human Resources Information / Employee Files The official personnel file of each employee is electronically maintained by the Human Resources Department. All documents in the file, with certain exceptions, are subject to the Florida Public Records Statute 119.07 that requires information in the file be made available for review upon request. Any record related to an employee that is maintained by the Ctiy will be made available if requested. Human Resources will review the file and make any required redactions based on exemption(s). Documents/information exempted by this Law (with some exceptions, e.g. a Court Order) are the following as a non-exhaustive list: • Social Security Number • Medical information • Benefit Information • Banking Information • Home Address and telephone number of employees designated in F.S. 119.07 o Spouse's work and children's school addresses and telephone numbers of these employees When there is a request to review an employee's personnel file, the employee must be notified in writing within ten (10 days) (E-mail is acceptable notification). Employees must initiate an employee online process, within ten (10) days, whenever they have a change of address or telephone number, or a change in the name, address or telephone number for their emergency contact. 06. Probationary Period The probationary period is regarded as an integral part of the placement process. It permits careful observation of the employee's performance to either provide an effective adjustment of the new employee to the position or to terminate an employee whose performance has not met the required work standards. An initial six (6) month probationary period shall begin immediately upon hire of all employees (regardless of employment status). Probationary periods may be extended upon recommendation from Department Director through the Human Resources Director and City Manager. All Probationary employees: • Have no property entitlements to their positions. • Shall be subject to termination without cause, after review by the Human Resources Department and City Manager. • Have no right to appeal or grieve any type of employment action. Change in Position: The following position changes will result in a probationary period of six(6) months from the effective date; • Transfer • Promotion City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 16 • Demotion The pay of a promoted employee, who is demoted prior to completion of a probationary period, will be reduced by the same amount as the promotional increase. Exceptions to this policy may occur if there is a departmental restructuring that results in an involuntary demotion for one or more employees. III. COMPENSATION 01. Overtime The City has the right to assign work and overtime. Overtime will not be granted for less than a fifteen (15) minute period. In calculating eligible overtime compensation, only actual hours worked shall be counted. No employee may work overtime without prior approval by their supervisor and Department Director. Failure to obtain this authorization can result in disciplinary action, up to and including termination of employment. Scheduling Department Directors are responsible for scheduling the work in their departments in order to be fiscally responsible. All overtime designated by the department supervisor or Department Director is approved overtime within budgetary limitations. NON-EXEMPT EMPLOYEES Unless otherwise specified in the applicable collective bargaining agreement, overtime is paid to non- exempt employees at one and one-half(11/2) times the hourly rate for all hours worked in excess of forty (40) hours per week. Non-Exempt employees are prohibited from working"off the clock"and must report all time worked. Supervisors and managers are prohibited from allowing employees to work "off the clock." It is a serious violation of City policy to falsify or alter actual time worked by an employee. SALARIED (EXEMPT) EMPLOYEES Exempt employees are paid a salary that is designed to cover all hours worked in any given workweek, including those hours worked in excess of forty (40) hours. Salaried employees are not authorized overtime compensation because the predetermined salary covers all hours worked. The salary is a predetermined amount that is not subject to deductions for variations in the quantity or quality of work performed, subject to certain statutory exceptions. Provisions of the Fair Labor Standards Act shall be applied to resolve all overtime issues. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 17 02. Callback and On Call Callback Callback is an unscheduled or emergency return to work, at the request of a Department Director or his/her designee, outside of officially scheduled work hours or on a holiday or day off. It is not overtime or holiday if work is scheduled in advance and a regularly recurring call to duty. Any employee who has physically left work (clocked out, etc.) and is called back to work by his/her Department Head or the Department Head's designated representative for an unscheduled or emergency assignment, shall be compensated for two (2) hours of call back pay, plus the time worked in excess of the first fifteen (15) minutes. If work conducted on the call extends into normal work hours, the time worked will be paid at straight time. Employees called back to work during lunch breaks are not entitle to Call Back Pay. In this case the finishing time for that particular work day will be adjusted accordingly. On Call To provide for after-hour service needs, some operations within the City may designate non- exempt employees to be on-call. Restricted on-call: time spent on or away from City premises under conditions which prevent the employee from using the time for personal activities. All such time in readiness is considered time worked. Unrestricted on-call: all time after regularly scheduled working hours when an employee is designated to be available for call-back. The employee is free to pursue personal activities but must respond to pager or cellular phone contact within designated guidelines set by the department head. This is not considered time worked. If called back, however, call-back compensation will be paid. 03. Compensatory Time An employee eligible for overtime may be granted compensatory time off at the same rate it was earned (i.e., straight time for straight time, time and one-half for time and one-half). Compensatory time can be earned, accumulated, and used, with the Department Director's approval or direction, in accordance with the Fair Labor Standards Act. Compensatory time will be accrued and used at the same rate the overtime rate would be paid. Employees may accumulate a maximum of eighty (80) hours of compensatory time. At no time may an employee accumulate more than eighty (80) hours of compensatory time. Requests to use compensatory time shall be reviewed on a first come, first served basis, and approved based on the operational needs of the department for the time period requested, as determined by the Department Director or designee, so that department's operations are not unduly disrupted by the use of compensatory time. Unduly is defined as imposing an unreasonable burden on the department's ability to provide service of acceptable quality and quantity to the public without the use of the employee's services. However, employees who request the use of compensatory time shall be permitted to use such time within a reasonable period after making the request, which shall be determined by the facts and circumstances of each case. If the City is unable to grant a request for compensatory time off within that time frame, the employee may elect to be paid for the amount City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 18 of compensatory time requested. Compensatory time may be taken as earned subject to the approval of the Department Head/Designee who shall schedule the time off to meet the operating requirements of the Department. If an employee's collective bargaining agreement addresses this issue, the contract language will be followed. 04. Incentive Pay System Due to budgetary constraints the City Manager, at his/her discretion, may suspend the Incentive Pay System during any fiscal year by memorandum to the City Comission. The City of Boynton Beach has established the Incentive Pay System to motivate and reward individuals or groups of employees according to their job performance and contributions toward the accomplishment of major objectives. The purpose of the system is to promote continuous improvement and quality performance through individual and cooperative effort, assist in career development and advancement, identify individual training needs, determine suitability for assignment, effectiveness in the assigned position and identify individual ability for assuming more responsibility. All employees should be continually working towards the values, goals, and objectives of the City. Incentive payments will be considered for the following type of activities (although they are not limited to just these types of activities): • Customer service improvements. • Cost efficiencies (savings). • Improvements in operations. • Productivity enhancements. • Expanding hours of operations. • Doing work in-house rather than engaging a consultant. Incentive pay and bonuses will not be included in the employee's base pay and may not be carried forward in subsequent years in accordance with See Florida Statute 166.021(7). 05. Eligibility Regular budgeted employees, both full-time and part-time, who have successfully passed their probationary period, are eligible for this program per the City Manager's discretion. 06. Demotions/Transfers Demotions A demotion occurs when an employee leaves one position and moves to a position with a lower classification and position grade. For example, when a position is vacant and through the internal City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 19 job posting process an employee applies for the position and is selected to fill the position, if the vacant position is a lower classification and position grade than the employee's current position,then this is considered to be a demotion. Demotions generally result in a decrease in salary which must be approved by the Human Resources Director and with final approval from the City Manager. Transfer of an employee from a higher graded position to a lower graded position may be initiated due to any of the following reasons: • The City demoting an employee as part of a departmental restructuring; • Realignment of responsibilities for failing to meet standards of performance; • The inefficiency or ineffectiveness of an employee in the performance of assigned duties; • The failure of an employee to comply with employment conditions such as licensure or certification; • The employee requesting a voluntary demotion to a lower graded position; • Any other valid reason for a demotion which is not stated herein. All demoted employees will have a six (6) month probationary period. See Section II Employment, 06 Probationary Period for guidelines regarding probationary employees. Transfers A transfer occurs when an employee changes job within the same position grade but to a different or same job title, and without a change in salary. This may occur when an employee applies for a vacant position and is selected to fill the position that has the same position grade or title as the employee's current position. The City retains the exclusive right to transfer employees from one location to another, one shift to another, or from one starting time to another. • Employees transferring from one position to another in the same pay grade, whether in the same or in a different department will maintain the same pay rate. • All transferred employees will have a six (6) month probationary period. o See Section II Employment, 06 "Probationary Period" for guidelines regarding probationary employees. 07. Travel This policy applies to all departments budgeting travel expenses and to all employees and authorized persons incurring and requesting reimbursement of travel expenses. Regular full-time employees may attend conferences, conventions, training programs or other meetings if such attendance is in connection with the employee's official duties. In all cases the best interest of the City shall prevail in granting time off from work. The Department Directors shall approve the time off and shall notify the City Manager. The City Manager or designee, in their sole discretion, may authorize travel time and/or expenses necessary to attend such meetings. City of Boynton Beach Effective Date:03/01/1998 Employee Handbook Last Revised: 01/06/2023 20 1. Attendance at selected professional association meetings, technical training courses, and business meetings provide a benefit to the City and its taxpayers through an increased awareness of technical and administrative developments. 2. The traveler and the approving authority must keep all associated expenses to a minimum. 3. Travel must be authorized well in advance as last minute arrangements and changes can be costly. 4. Travel expense reimbursements will be made within limitations of this policy. The complete policy is administered by the Financial Services Department. IV. BENEFITS 01. Legal Holidays Unless required to be on regular duty, legal holidays to be observed by the City's employees are: New Year's Day Veterans Day Martin Luther King, Jr. Day Thanksgiving Day Presidents' Day Day after Thanksgiving Memorial Day Christmas Eve Juneteenth Christmas Day Independence Day Labor Day The City Manager and City Commission reserve the right to declare these and any other holidays on a date designated by them. The declared date does not necessarily have to be on the traditional holiday, but on a date that meets the best interest of the City. Non-exempt (hourly) employees must work their regularly scheduled workday immediately before and after the holiday in order to receive pay for the holiday, or be in an authorized paid status immediately before and after the holiday. Part-time, temporary, and emergency appointed employees are not eligible for holidays pay. Full time employees shall be compensated for City observed holidays as follows: • When a City observed holiday falls on an employee's scheduled work day, the employee will receive eight (8) or ten (10) hours of holiday pay at his/her straight time pay rate depending on the employees schedule. • When an observed holiday falls on an employee's non-scheduled work day it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation leave bank. • Employees on vacation, annual military leave, jury duty, sick leave, compassionate leave, or any other absence, but in an active pay status on the day the holiday is observed shall use the holiday on the same day that it is earned. • Holidays that occur during vacation leave shall not be charged against such vacation leave. • If an employee's collective bargaining agreement addresses City observed holidays, the contract language will be followed. Due to budgetary constraints legal holidays may be suspended and designated as unpaid time by the City Manager when approved by the City Commission. Other days off, paid or unpaid, may be City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 21 specifically designated from time-to-time by the City Manager and approved by the City Commission. 02. Furlough Hours Furlough leave is the placement of an employee in a temporary non-duty, non-paid status for budgetary related reasons. The implementation of furloughs is a policy decision reserved to the City Commission. The City Manager shall have the authority to exempt certain employees from furloughs during periods of declared emergencies. 03. Vacation Leave Each full time employee shall earn vacation leave at the rates shown in the schedule outlined below. The number of hours credited per year will not increase after the 21st year of service unless the schedule is amended. In computing vacation leave, no vacation leave will accrue for any week in which the employee is not in a paid status for 24 or more hours. A regular employee shall, upon termination of employment with the City, be paid for unused accumulated vacation leave. Employees may use vacation hours as accrued and approved. Employees, who end their employment with the City within the first six (6) months of employment, are not eligible to be paid for any accrued vacation time. VACATION ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Hours 1 Year 80 2 - 3 Years 120 4 Years 128 5 Years 136 6 Years 144 7 Years 152 8 Years 160 9 Years 168 10-15 Years 176 16 — 20 Years 192 21 years and after 200 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1 — September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that October 1 — September 30 will be forfeited as of September 30 of that fiscal year. However, employees who have been denied vacation shall have the excess vacation hours paid to them at their regular straight time rate of pay in the last pay check of the fiscal year. Employees who were covered by the vacation accrual and sick leave payout policies in effect prior to 1991 will continue to be covered by those schedules. Exempt employees shall accrue vacation hours in accordance with the Management Package and/or their Employment Letter. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 22 04. Sick Leave with Pay Sick leave with pay shall be granted to contract and general full time employees, including employees serving a probationary period, at the rate of eight (8) hours for each completed month of service (96 hours/year). Such leave shall be computed on an employment year basis. Sick leave pay will be paid at the same rate as a regular workday. Unlimited accumulation of sick leave is authorized. Bargaining Unit employees will be granted sick leave in accordance with their collective bargaining agreement. Sick leave shall not be considered as a right which an employee may use at his/her discretion, but rather as a privilege which shall be allowed only in case of: personal sickness, including mental health, disability, legal quarantine or because of exposure to contagious disease. Up to 40 hours per fiscal year may be taken for general and contract employees for the illness of an immediate family member (spouse, child, parent). In the case of a serious medical condition within the family, an employee may take additional accrual time in accordance with Family and Medical Leave Act (FMLA). If the illness is not a qualifing event for FMLA leave, additional time may only be taken if a medical letter is provided by the treating physician and submitted to the Human Resources Director. The Human Resources Director shall notify the Deparment Director and City Manager of the time needed for absence. In this scenerio it may be extended to forty (40) hours for a total of eighty (80) hours. Family sick leave not covered by FMLA may be extended, but not to exceed twelve (12) weeks in a rolling twelve (12) month period. See Section IV Benefits, 09 FMLA. FMLA Sick leave will not be granted if it falls on regular days off or on a holiday. In order to be granted sick leave with pay an employee must meet the following conditions: A. Notify his/her immediate supervisor or supervisor's designee at least one (1) hour before the beginning of the scheduled workday of the reason for his/her absence. B. For medical examination, treatment or evaluation of non-elective, necessary medical procedures. C. Complete a sick leave request following departmental procedures. D. For absences of more than three (3) consecutive workdays, sick leave must be documented by a medical note completed by the treating physician explaining the absence and/or inability to work. In the case of extended absences, four (4) days or more, it is the duty of the employee to contact his/her Supervisor or Department Manager on a weekly basis until he/she is cleared for return to work. The City reserves the right to require an interim medical note completed by the treating physican/report during the employee's extended absence. E. 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 for ninety (90) days and a doctor's certificate will be required for any sick leave related absence. If there is a violation of the restricted sick leave policy, or additional incidents of absences, progressive discipline shall be applied and the employee will be placed on another ninety (90) day period of restrictive sick leave beginning on the date of the policy violation). F. No sick leave will accrue for any week in which the employee is not in a paid status for twenty-four (24) or more hours. G. In computing sick leave taken, all employees shall be charged one (1) hour sick leave for City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 23 each hour not worked because of illness. H. General employees who have exhausted their accumulated sick leave and are still unable to return to work may draw against their vacation leave account. Bargaining Unit employees will follow their respective collective bargaining agreement. I. Claiming sick leave when physically and/or mentally fit shall be cause for progressive disciplinary action, which may include the recommendation of termination of employment. J. All general employees (or their beneficiaries in the case of death) will have payment made for unused sick leave at the rate specified in the table below for the total number of hours accumulated, but not taken, upon resigning, retirement or death. (Retirement shall include normal retirement, disability retirement or early retirement as defined in the appropriate Pension Plan.) Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years 0% More than 5 full years, but less than 10 full years 25% More than 10 full years 50% Upon retirement from the City 50% 05. Emergency Cash-In of Vacation and/or Sick Leave Time • Employees faced with sudden extraordinary circumstances of hardship who have accrued vacation leave hours are eligible to request emergency cash in lieu of vacation. If approved, employees may convert up to one hundred and twenty (120) hours to cash (less applicable deductions) provided they have forty (40) hours remaining in their vacation leave bank after the cash-in. Conversions must be done in increments of eight (8) hours. • Employees who do not have enough vacation leave hours may consider including sick leave hours. Sick leave hours cash-in will be calculated at fifty percent (50%) of the employee's hourly rate. The total of vacation and sick leave hours may not exceed eighty (80) hours and vacation hours must always be used before sick hours. Payment for sick leave hours may only be granted provided that they have eighty (80) hours remaining in their sick leave bank. • A request must be made in Neogov eForms outlining the emergency, including supporting documentation. A committee comprised of the City Manager, Finance Director and Human Resources Director will then review the request and approve the requested hours in total or modified as they see fit. This benefit can be used only once each fiscal year. At the discretion of the City Manager, the time limit rule may be waived if there are exigent circumstances. 06. Bonus Hours This policy establishes a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 24 Accrual A. General/full-time employees are covered by this policy are eligible to receive ten (10) bonus hours for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time, FMLA leave timecoded as sick time, or family sick during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. Bargaining Unit employees will follow their respective collective bargaining agreement. B. Bonus hours shall be counted as vacation leave and subject to the provision set forth for use of vacation leave. 07. Leave With Pay Jury Duty/Witness Fees: In order to receive pay for jury duty supporting documentation must be submitted to payroll within two (2) weeks of the date the jury duty was served. If the appropriate documentation is not received, time away from the office will be charged as vacation leave. If no vacation leave is available employee will be coded as excused absence without pay. Leave with pay may be authorized in order that general employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director. In order for the employee to receive his/her regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those hours that coincide with his/her regular workhours, unless otherwise provided by law. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. All pay granted under this section must be approved by the Department Director. Military Leave: Reserve Training: All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled to a leave of absence granted as a matter of legal right under the provisions of Florida Statute 115.07 not to exceed 240 working hours per fiscal year in order that these employees may fulfill their military obligations. Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution. If an employee has dependent insurance coverage, the Finance Department will consider this in determining the amount of supplemental pay so that the dependent insurance premiums can be paid prior to the City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 25 supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsible for sending the City a check to cover the dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction. Continued Service: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break in service will occur during the period of active duty and the employee with continue to accrue service for purposes of seniority and pension eligibility. Workers' Compensation: Whenever an employee is unable to work in their position for a period of no more than seven (7) calendar days because of a workplace injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. If the employee is unable to work for a period that is greater than seven (7) calendar days, the employee will be eligible to receive compensation up to an amount equal to the difference between his/her worker's compensation check and his normal net take home pay up to three (3) months. In no case will the salary supplement be extended beyond the three (3) months from the date of injury, unless approved by the Human Resources Director. At the end of the three (3) months, or sooner, the Risk Manager will review the medical note from the employee's authorized workers' compensation treating physician for a determination of pay status. If the authorized medical note justifies temporary total disability, the supplement continuation will be granted. If the continuation of the salary supplement is granted, it shall continue at the same rate as defined above for up to an additional three (3) months. In no case will the salary supplement be extended beyond six (6) calendar months from the date on which the salary supplement began. After three (3) months from the date of injury, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, and workers' compensation benefits equal his/her regular weekly net take home salary. The employee must contact the Risk Manager and Payroll to qualify for the combined check. It is incumbent on the employee to make application for disability in accordance with the pension plan he/she is a member of, or the insurance plan he/she is covered under. Failure to do this automatically cancels the additional City benefits. If the appropriate disability plan denies the claim, the additional City salary supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, which ever comes first. If an employee who is receiving Worker's Compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere during this period, he/she will be required to reimburse the City for all medical expenses and supplement sick or vacation pay taken and be subject to termination. City of Boynton Beach Effective Date:03/01/1998 Employee Handbook Last Revised: 01/06/2023 26 Anti-Retaliation: The City may not terminate or threaten to terminate, "intimidate or coerce" employees who have filed a valid claim or attempt to file for Worker's Compensation benefits. See Florida's Workers Compensation Law specifically Section 440.205, Florida Statutes. Compassionate Leave: In the event of the death of the mother, father, child, foster parent, foster child, brother, sister, husband, wife, domestic partner, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law of a general employee, the employee shall be entitled to paid compassionate leave not to exceed twenty-four (24) hours for any one death. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, forty (40) consecutive work hours shall be allowed. In order to receive pay for compassionate leave, employees must submit proof of death to payroll within two (2) weeks of the date they returned from compassionate leave. If the appropriate documentation is not received, time away from the office will be charged as vacation leave, until such time that the appropriate documents are submitted to payroll. If no vacation leave is available, employee will be coded as excused absence without pay. The City Manager may grant additional leave under this section when he/she deems it appropriate. Bargaining Unit employees will follow their respective collective bargaining agreement. 08. Leave of Absence A general employee may be granted leave of absence without pay for a period not to exceed six_(6) months for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the City. Requests must be in writing. A leave of absence without pay of up to thirty (30) calendar days can be approved by the employee's Department Director and the Human Resources Director. A leave of absence in excess of thirty (30) calendar days must be approved by the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all their benefit premiums, e.g., insurance, etc. Leave of absence without pay will not be granted in order to accept employment with another employer. If granted, leave of absence without pay may subsequently be withdrawn and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or seniority during a leave of absence without pay exceeding thirty (30) days Employees who are in a personal disability status and not working will have their positions held for a maximum of six (6) months from the date of injury or illness. Employees may request sick leave, vacation leave or an unpaid leave of absence for time away from the job. 09. Family and Medical Leave Act (FMLA) City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 27 Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993; 29 CFR Part 825, as amended January 16, 2009). Eligible employees are entitled to take leave from work for qualified reasons pursuant to the Federal Regulations of the Family and Medical Leave Act (FMLA). Human Resources will provide employees with information on FMLA and the required forms, when needed. Employees granted leave under FMLA are required to use accrued compensatory time, sick leave, and vacation (in this order)while on FMLA. The accrued paid leave used will be considered FMLA- protected leave and counted against the FMLA leave entitlement. Accrued sick leave used while on FMLA leave will be counted against bonus hours eligibility. When medically necessary, an employee may take leave intermittently or on a reduced leave schedule for his/her own serious health condition or that of a family member. Intermittent or a reduced leave schedule is not available for the birth and care or placement of a child. Employees on FMLA who have exhausted their sick and vacation accruals may be eligible for donated leave time from City employees per their respective department and if they did not utilize Short Term Disability (STD) For more information related to FMLA employees may contact Human Resources by phone or email at FMLA©bbfl.us. Anti-Retaliation: The City is prohibited from retaliating against covered employees under FMLA by preventing the employee's exercise of, or even employee's attempt to exercise, their FMLA right. The City is prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right. The City cannot discharge or in any other way discriminate against any person, whether or not an employee, for complaining about any unlawful practice under the FMLA. The City is prohibited from firing or in any other way discriminating against any person, whether or not an employee, because that individual has: • Submitted a FMLA-related charge or complaint; • Provided, or is about to provide, any information related to the inquiry or proceeding relating to any right under the FMLA; or • Testified, or is about to testify, in any FMLA-related inquiry or proceeding 10. Paid Parental Leave An employee who has worked for the City for at least twelve (12) months and who has worked at least one thousand two hundred fifty (1,250) hours in the preceding twelve (12) months is eligible to request Paid Parental Leave. The employee shall be granted up to four (4) weeks of Paid Parental Leave pursuant to the City's policy. City of Boynton Beach Effective Date:03/01/1998 Employee Handbook Last Revised: 01/06/2023 28 Requests for leave under Paid Parental Leave must be submitted in writing on the designated form to the Human Resources and Risk Management Department. Leaves under Paid Parental Leave are approved by the Director of Human Resources and Risk Management and the City Manager or their designee. For more information regarding Paid Parental Leave, contact the Human Resources and Risk Management Department. 11. Retirement Benefit Procedures for retirement and the benefits available to employees in conjunction with retirement are as set forth in the pension plan applicable at the time of retirement. V. PROFESSIONAL DEVELOPMENT 01. Professional Career Training Any employee may be afforded leave with pay to attend an authorized program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency. (See Section IV. Benefits, 05. Leave With Pay, G. Authorize Training Leave) 1. In the event the course is not successfully completed, employees granted leave under this rule shall reimburse the City for one-half the cost of such training course. 2. If the employee leaves the City service within one (1), full year after completion of such training, he/she shall reimburse the City for the total cost of such training course if the City Manager requires it. 02. Tuition Assistance Employees who are eligible to participate in this program are full time, non-probationary, unrepresented (General) employees and full-time, non-probationary employees covered under the SEIU Blue Collar or White Collar Collective Bargaining Agreement. Employees who have entered the DROP pursuant to a City pension plan are not eligible to participate in this program. Employees must be "in good standing" with the City at the time of application through the time of reimbursement in order to receive reimbursement through this program. Employees must refer to the Tuition Assistance Policy No. 05-003 for more information pertaining to the tuition Assistance. All forms needed to enroll and apply for assistance can be found on Neogov in eForm. VI. DISCIPLINE Verbal Coaching or other instructive verbal communications will not consitute discipline. Verbal Coaching or other instructive verbal communication may be used to establish that an employee knew City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 29 or should have know that the performance, work habits, or behavior was not appropriate. 01. Disciplinary Actions The City of Boynton Beach is committed to recruit, train, and retain, qualified employees who will contribute to the City's mission. The success of City government in providing quality and efficient public services directly correlates with appropriate employee conduct and performance. Employee behavior that is positive and supportive of the goals of effective municipal management is fully encouraged. When an employee's conduct or performance is inconsistent with the needs and goals of the City, disciplinary actions up to and including termination can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, termination may immediately occur. No employee shall be disciplined or discharged without reasonable cause. 1. Counseling and written notices should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the City and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline, Management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. 2. Although progressive disciplinary actions are encouraged, when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 3. The level of misconduct may differ in individual cases from apparently similar incidents. The City retains the right to treat each occurrence on an individual basis without creating a precedent for situations that may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the City, but are to be used as a guide. 4. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to Human Resources, shall serve as grounds for disciplinary action. Examples of Misconduct The following represents employee noncompliance with rules, regulations, policies, practices or procedures of the City or are prohibited by law. Each incident shall be considered on a case-by- case basis. Misconduct Infractions for Misconduct require corrective action. The discipline for Misconduct infractions is normally: 1st Infraction —Written Counseling 2"d Infraction —Written Notice 3'd Infraction —Suspension Without Pay or Termination Examples of Misconduct include, but are not limited to: • Conduct unbecoming of a City employee ■ Abuse of sick leave privileges, sick leave policy or excessive absenteeism City of Boynton Beach Effective Date:03/01/1998 Employee Handbook Last Revised: 01/06/2023 30 • Failure to notify Department and/or Human Resources of current address and telephone number within ten (10) calendar days of change • Failure to report any outside employment • Poor quality of work • Failure to provide name and official title to any person requesting same when performing work related duties • Abuse of personal privileges, including the extension of lunch or break periods • Abuse of attendance policy, including late for work without reason. • Smoking in prohibited areas • Unauthorized solicitation, posting of material, or non-productive behavior • Loitering • Inattention to job duties • Careless use of vehicles or equipment • Failure to use all safety restraints when riding in or operating a City vehicle • Failure to wear and/or use prescribed uniforms or equipment. • Disregard of safe work procedures NOTE: All types of Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Misconduct infraction has occurred, any subsequent Misconduct infraction will result in the next level of disciplinary action. Misconduct 1st and 2nd infractions will expire, with regard to the progressive nature of this policy, 12 months from the date of issue, but will remain in the employee's file. Once an employee has progressed to a 3rd Misconduct infraction, Suspension Without Pay, another Misconduct infraction within 12 months of the date of issue for the 3rd infraction will normally result in termination. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. Performance Improvement Plan The purpose of Performance Improvement Plan is to monitor employee performance, with an evaluation of performance being made every 30 days. The employee must demonstrate immediate and sustained improvement in their performance throughout the 90-day evaluation period or face terminsation. It is the responsibility of each employee to perform at a minimum level of"Meets Standards". Serious Misconduct Infractions for Serious Misconduct are serious in nature, but the first infraction, by itself, may not be grounds for termination. The discipline for Serious Misconduct is normally: 1s*Occurrence - Written Notice or Suspension Without Pay 2nd Occurrence - Suspension Without Pay or Termination 3rd Occurrence - Termination Examples of Serious Misconduct include, but are not limited to: • Inappropriate use of City resources, time or equipment • Inappropriate or disorderly conduct City of Boynton Beach Effective Date:03/01/1998 Employee Handbook Last Revised: 01/06/2023 31 • Making offensive remarks; use of abusive, profane or sexually graphic language • Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status • Sleeping on the job • Absent without calling in to the department within thirty (30) minutes before shift start time • Disrupting or hindering departmental operations • Outside employment which conflicts, interferes or otherwise hampers the performance of the employee in the City job. • 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. • Refusal to perform assigned duties and responsibilities. NOTE: All types of Serious Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Serious Misconduct infraction has occurred, any subsequent Serious Misconduct infraction will result in the next level of disciplinary action. Once an employee is issued a Written Notice for Serious Misconduct, they are ineligible to receive a salary increase (including lump sum payments), promotion, or to apply for jobs within the City for a period of six (6) months or based on respective Department Director's discretion. Serious Misconduct infractions will remain active, with regard to the progressive nature of this policy, for the duration of employment with the City. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. Bargaining Unit employees will follow their respective collective bargaining agreement. Extreme Misconduct Infractions for Extreme Misconduct are very serious in nature and normally result in immediate termination without prior warning. The discipline for Extreme Misconduct is normally: 1st Occurrence - Suspension Without Pay or Termination 2"d Occurrence - Termination Examples of Extreme Misconduct include (but are not limited to): • Failure to report an on-the-job injury or accident within 24 hours to immediate supervisor • Supervisor's failure to report an employee's on the job injury to Risk Management within 24 hours and/or completion of necessary documentation • Violent acts or threats of violence • Operating a City vehicle or equipment without a required and valid driver's license • Job Abandonment • Insubordination • Possession of a firearm or concealed weapon on City property or while performing official City duties, (excluding law enforcement officers) City of Boynton Beach Effective Date:03/01/1998 Employee Handbook Last Revised: 01/06/2023 32 • Gambling during work hours • Suspension or revocation of any required job-related licenses or certifications. • Disruption of the workplace • Willful spoilage, destruction or waste of City property or resources • Unauthorized personal use of City equipment or funds • Conducting personal and/or private business on City time; improper use of City time for such activity • Violation of City security regulations and policies • Theft or removal of City property without proper authorization • Falsifying documentation • Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Florida Statutes • Giving false information, or failure to fully cooperate or provide full, truthful information in City initiated investigations • Possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test • Possession or use of alcohol while on duty; or reporting to work under the influence • Refusal to submit to a City required drug or alcohol test • Falsifying or attempting to falsify a City-ordered drug test • Violation of the City's Harassment policy • Conviction of a felony (including non-work related) • Unauthorized disclosure of confidential information • Refusal to participate, if offered, in a drug/alcohol rehabilitation program • Abuse of other department procedures and work rules • Fighting on the job or engaging in any intentional act which may inflict bodily harm on anyone • Falsifying employment application or concealing information during pre-employment screening or processing Procedure for Disciplinary Action 1. When immediate supervisors become aware of evidence of the need for employee discipline, they become 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. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. The Director of Internal Investigations and Accountability will be available to assist Human Resources in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. a. Administrative Review: Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the exception of Police Department employees. These investigations shall be conducted City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 33 by the Director of the Internal Investigations of Ethics and Accountability, who shall obtain all sufficient information, including documentation and/or sworn statements, in order for Human Resources to determine the necessity or level of disciplinary action. Human Resources will review the information to determine the level of discipline to be issued.Administrative investigations shall be conducted expeditiously. Verbal counseling and written counseling will not be subject to administrative review by Human Resources. b. Criminal Investigations: Investigations conducted when criminal violations are reportedly committed by any employee of the City. These investigations shall be conducted by the Police Department, in collaboration with the Department Director of the involved employee. 2. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of the disciplinary action. 3. A recommendation for disciplinary action by the Human Resources Director or designee may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. Types of Disciplinary Action: 1. Written 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. Written Counseling serves as a warning against further repetition of employee behavior. Further violations will result in discipline up to and including termination. Written Counseling doucmentation must be completed by the supervisor and reviewed by Human Resources before issuing to the employee.The supervisor will present the documentation to the employee and employee is required to sign the Written Counseling Documentation acknowleding that he/she has read and discussed the contents with the supervisor. The signed Written Counseling Documentation must be forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. 2. Written Notice - Consists of an immediate supervisor issuing a written notice to improve performance, work habits or behavior. A written notice should include a complete description of the incident(s)of misconduct, inappropriate behavior,work habits or performance which requires improvements; 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 notices shall be signed by the employee to acknowledge receipt and forwarded to the City of Boynton Beach Effective Date:03/01/1998 Employee Handbook Last Revised: 01/06/2023 34 immediate Supervisor and the management witness and forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The employee signature does not constitute agreement with the contents. Employees may submit comments for inclusion in the record. The employee may be required to complete a Performance Improvement Plan for correction of the behavior. 3. Suspension Without Pay - Consists of an employee being prohibited from returning to work until his/her specified period of suspension has passed. Suspensions without pay shall be used when an employee is removed from the job due to misconduct or unlawful behavior, or when instances, of progressive discipline, support a suspension without pay for a specified period of time. a. With the written authorization of the Department Director,Human Resources, and the City Manager or designee, immediate supervisors have the authority to issue a suspension without pay for two (2) working days or less. b. All other suspensions without pay beyond two (2) working days require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office. c. Employees being suspended without pay shall be notified in writing by department leadership and/or human resources . The written notification shall consist of the reason for the action and the duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. d. Employees may submit comments for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to Human Resources for inclusion in the employee's records, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. 4. Termination - Termination is a result of an employee's involuntary dismissal which severs the employment relationship.At such time all employee benefits cease, except as otherwise provided by law. Immediate supervisors must supply thorough documentation and discuss recommendations for an employee's dismissal with his/her chain of command and Human Resources. Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written notice of recommended termination shall be given to the employee in person. However, after two (2) unsuccessful attempts to deliver the notification, the notice shall be sent via U.S. mail to the most recent address on record in the Human Resources file. The recommendation shall include the following information: a) The underlying reasons for the recommended termination. b) Documentation upon which the Department Director relied in formulating said recommendation. c) An explanation of the employee's rights to request a Predetermination Hearing prior to termination taking effect and the fact that the decision of the City Manager shall be final. City of Boynton Beach Effective Date:03/01/1998 Employee Handbook Last Revised: 01/06/2023 35 The dismissal recommendation and the City Manager's final decision shall be placed in the employee's Human Resources file, and a copy shall be forwarded to the employee and his/her Department Director.The employee may submit comments for inclusion in his/her Human Resources file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. At the time of dismissal, employees are required to surrender to their Department Director or designee, all City property that may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final check. Right to Predetermination Hearing Prior to the effective date of any suspension without pay of three (3) days or more, or a termination, the City shall conduct a predetermination hearing. The predetermination hearing shall be conducted by the Human Resources Director and the City Manager's designee. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative of his/her choice. Prior to or at the inception of the hearing, the City shall disclose or explain the City's evidence. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination hearing and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and, at the same time, establish the suspension or termination date(s) if appropriate. Information gathered before, during and after a pre-determination conference constitutes part of the City's investigation or an act of admission that can result in discipline. Employee Appeals 1. Probationary employees shall not have the right to appeal any type of disciplinary action. 2. Regular employees may respond to discipline actions of written notice and suspensions of two (2) workdays or less with or without pay, by requesting administrative review by the Human Resources Director. Such request shall be made within ten (10) calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review. 3. Regular employees have the right to appeal to the City Manager suspensions without pay greater than two (2) workdays or termination, by requesting a final review by the City Manager within ten (10) business days of the employee's receipt of formal notification of recommended suspension or termination. The decision of the City Manager shall be final. 02. Disposition of Criminal Charges City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 36 When a City employee is arrested and charged with a felony offense, the employee shall be placed on administrative leave without pay until final disposition of the criminal charges. An employee who is convicted of or who pleads guilty or no contest to a felony in conjunction with a plea negotiation shall be terminated from his/her employment with the City. An employee placed on administrative leave without pay, under these circumstances, may use accrued vacation and accrued sick time during the leave period. If found innocent or if the State Attorney drops the charges, not as a result of a plea deal, the time will be reinstated. 03. Formal Grievances The City shall strive to anticipate and avoid occurrence of valid complaints or grievances, and to deal promptly with any that may arise. Counseling documents and Performance Evaluations cannot be grieved. Except where there is an acceptable reason for not doing so, all grievances will be handled and transmitted through supervisors in the following order, according to the department's chain of command: • Immediate Supervisor • Department Director • Human Resources Director or his/her designee The primary purpose of this grievance procedure is to determine what is right rather than who is right. This process should be considered a "last resort" alternative to resolving conflicts of compensation, benefits or working conditions as identified in this document. Free discussion between employees and supervisors will lead to better understanding of practices, policies and procedures that affect employees. Discussion will serve to identify and help eliminate conditions that may cause misunderstandings and grievances. This purpose is defeated if a spirit of conflict enters into the consideration of a grievance. Supervisors and employees alike must recognize the true purpose of the grievance procedure if it is to be of value in promoting the well being of the City. The Human Resources Director shall establish rules for the processing of grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a grievance. Grievances are to be initiated by employee within ten (10) days of the event giving rise to the grievance, or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. The decision of the Human Resources Director regarding disposition of the grievance is binding and not subject to further review. Time limits have been established in the interest of prompt adjustment of grievances. They may be extended within reason through the written mutual consent of both parties involved. It is the spirit of this procedure that all grievances be settled quickly and fairly without any subsequent discrimination against an employee who may seek to adjust a grievance, real or imagined and without any recrimination on the part of the employee with regard to his/her superiors. VII. RESIGNATION / TERMINATION 01.RESIGNATION Resignation is the separation of an employee from the City service through the submittal of a written notice expressing a desire to resign.The employee wishing to leave the City service in good standing shall notify his immediate supervisor at least two (2) weeks before leaving, stating the date the resignation is to be effective and the reason for leaving. The City reserves the right to accept the City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 37 resignation on the day it is submitted if deemed appropriate by the Department Director. Employees on employment letters shall provide thirty (30) days' notice. Failure to provide sufficient notice may be cause for denying such employee re-employment by the City. Department Heads shall immediately forward the notice of resignation to Human Resources so that an e-form can be completed and the separation process can begin. Resignation includes those employees who do not retire under the City's General Retirement Fund or the Fire and Police Retirement Fund, but who do retire under either the 401(a) or 457 plans. Employees who terminate from City employment shall not be eligible for reemployment with the City for six (6) months following their date of termination, unless approved by the City Manager. Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify the department as required) for a period of three (3) consecutive working days is considered job abandomnent and will be treated as a resignation with no appeal rights. RETIREMENT Certain City employees are eligible to join the applicable Retirement Plan. Details of said plan are contained in the City General Retirement Fund and City Fire and Police Retirement Fund Ordinances. Retirement occurs under the terms of each plan. DISABILITY An employee may be separated for disability when the employee cannot perform the essential functions of the job with or without a reasonable accommodation because of a physical or mental impairment and an alternate existing and vacant position for which the employee is qualified is not available. In all cases, such separations shall be supported by medical evidence acceptable to the City Manager. The City may require examinations at its expense to be performed by health care providers of its choice. Such examinations may include physical and or medical evaluations, as well as the completion of current medical history reports. An employee's application for benefits under the Long Term Disability policy and approval for such benefits constitutes an inability to perform the essential functions of the position with or without reasonable accommodation and shall result in termination of employment. Employees unable to return to work from workers'compensation leave within six (6) months will be separated from employment where an alternate existing and vacant position for which the employee is qualified is not available. DEATH Separations shall be effective as of the date of death. All compensation due to the employee as of the effective date of separation shall be paid in accordance with Florida Statute 222.15 (1) to the surviving spouse, if any. If there is no spouse, to the children over the age of 18. If there are no such children, to the mother or father. If there are no such relatives as stated, the City will accept letters of administration issued by the probate judge to determine the proper payee. Department Heads shall forward the notice of resignation to Human Resources so that an Employee Activity Report (EAR) can be completed immediately upon receiving the resignation. City of Boynton Beach Effective Date:03/01/1998 Employee Handbook Last Revised: 01/06/2023 38 Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify the department as required) for a period of three (3) consecutive working days is considered job abandomnent and will be treated as a resignation with no appeal rights. Termination or Severance Pay There is no termination or severance pay, except payment for accumulated sick and vacation time as otherwise provided herein, however, some individual letters of employment may include severance pay provisions. 02. Lay Off Employees selected for lay off will be at the City Manager's discretion in consultation with the department head and the Human Resources Department. By the direction and authority of the City Manager, an employee or employees may be laid off when deemed necessary by reason of shortage of funds, lack of work, the elimination of the position, or other material changes in the duties or organization, or for related reasons which are outside the employee's control and which do not reflect discredit upon the service of employees. The duties performed by any employee laid off may be reassigned to other employees already working who hold positions in appropriate classifications. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 39 VIII. APPENDIX 01. DEFINITIONS The following words and terms shall have the meaning indicated unless the context clearly indicates otherwise: ADMINISTRATIVE REVIEW means review of the disciplinary action in question; after which, the Human Resources Director shall either sustain, reverse, or modify the disciplinary action. The disciplinary actions which qualify for Administrative Review include, reprimands, suspensions with pay, demotions, and suspension without pay of two (2) workdays or less ALLOCATE the act of assigning each position to its proper class. ANNIVERSARY DATE an employee's date of hire or re-hire, whichever is later. APPEAL a request for an administrative review by the Human Resources Director or a final review by the City Manager, depending upon the severity of discipline. CERTIFY the act of the Human Resources Director in supplying a department head with the names of applicants who are eligible for appointment to a position. CLASS a position or group of positions which have similar duties and responsibilities, require similar qualifications, can be properly designated by a title, indicative of the nature of work, and are assigned to the same pay range. COMPENSATORY TIME time taken off in lieu of overtime pay for hours worked in excess of the maximum for the (non-exempt) employee's work period as set forth in the FLSA CONTINUOUS SERVICE employment which is uninterrupted. CONTRACT EMPLOYEE an employee hired by direct Letter of Employment from the City Manager. DEMOTION the assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. DEPARTMENT Operating Department, unless specifically referred to as Human Resources Department. DISMISSAL the discharge of an employee from his/her position with the City. The terms termination and dismissal are interchangeable. ELIGIBLE a person who has been found qualified for appointment to a position in a particular classification. EEOC the Equal Employment Opportunity Commission. EXAMINATION any selection instrument used to measure the relative knowledge, skills, and abilities for candidates competing for positions; such as,evaluations of training and experience, performance tests, oral interview, written tests, and previous performance evaluations. FULL-TIME EMPLOYEE an employee who is scheduled to work a minimum of 36 hours per week. GRIEVANCE formal notice of dissatisfaction by an employee with permanent status who feels they have been unjustly treated in cases involving employment conditions. JOB TITLE a definite descriptive designation for a job classification. LAY OFF the dismissal from employment because of shortage of work or funds, the abolishment of City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 40 a position, consolidation of departments or divisions, privatization, reclassification or reorganization. OVERTIME PAY pay for non-exempt employees who are authorized and directed to work in excess of 40 hours in a seven (7) day workweek. PAY RANGE a salary range established by the City Commission with a minimum and maximum base salary. PART-TIME EMPLOYEE an employee who is scheduled to work less than 36 hours per week. POSITION a group of duties and responsibilities requiring the full or part-time employment of one person. A position may be occupied or vacant. PROBATIONARY EMPLOYEES any employee who is currently serving in a new position either by appointment, promotion, demotion, or reclassification, and has not completed his/her probationary period. PROBATIONARY PERIOD a period of six (6) months for any newly hired employee. If a new hire employee fails to meet standards during the probationary period, he/she is subject to discharge, demotion, or suspension without warning or statement of cause. Promoted, demoted or transferred employees have a six (6) month 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. REGULAR STATUS an employee who has completed a probationary period. New hires are considered probationary and cannot move to another postion until their six (6) month probationaly period is completed. SUSPENSION the separation with or without pay of an employee for a period of time. TEMPORARY EMPLOYEE an employee holding a position other than regular full-time or part-time for a specified period of time. TEMPORARY POSITION all positions that are not designated regular. TERMINATION the discharge of an employee from his or her position with the City. The terms termination and dismissal are interchangeable. UNION EMPLOYEE an employee whose position is covered by a collective bargaining agreement and who has terms and conditions of their employment covered by that agreement. VACANCY a position existing or newly created, which is not occupied. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 41 ��CITY BOYNTON BEACH City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 42