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02-031 fI ORDINANCE 02- 031 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE PERSONNEL POLICY MANUAL OF THE CITY. OF .BOYNTON BEACH; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on February 2, 1998, by Ordinance 098-06, the City Commission of he City of Boynton Beach, adopted a Personnel Policy Manual for the City of Boynton each, which document was further amended by Ordinance No. 098-34 dated September 3, 1998, and Ordinance 098-44, dated December 1, 1998; and WHEREAS, the Human Resources Director is charged with the responsibility of eviewing the document on a continual basis and making recommendations for amendments o the policies from time to time, to correctly reflect the intent and purposes of the City's ersonnel program; WHEREAS, the Human Resource Director with the assistance of administrative taff has undertaken a comprehensive review of the PPM and has recommended numerous hanges as delineated on the Summary of Changes, which is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the Personnel Policy Manual (PPM) is hereby amended to "ncorporate all of the amendments as reflected on the Summary of Changes, which is ttached hereto as Exhibit "A" and made a part hereof. Section 2. That the PPM, which is attached hereto as Exhibit "B" and made a art hereof, has been reorganized and recodified for easier access to information. Section 3. Should any section or provision of this ordinance or portion hereof, y paragraph, sentence or word be declared. by a court of competent jurisdiction to be valid, such decision shall not affect the remainder of this ordinance. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of esolutions in conflict herewith be and the same are hereby repealed to the extent of such onflict. Section 5. Authority is hereby granted to codify said ordinance. :\CA\Ordinances\Administrative\PPM Amendments Rev062402.doc II Section 6. This Ordinance shall become effective when the following has occurred: (a) Immediately upon passage for all employees not covered by a collective bargaining unit; and (b). For those employees covered under a collective bargaining agreement, when a collective bargaining agreement ratifying the foregoing changes to the Personnel Policy Manual has been ratified by the City Commission and the bargaining unit, or. their successor organization. FIRST READING this ;2.. day of -s uj lj ,2002. SECOND, FINAL READING and PASSAGE this .~ day of ~1,(5f ,2002. BEACH, FLORIDA .. ATTEST: ~.Omnris:ner ~ t~, Commissioner ~.~ City Clerk S:\CA\Ordinances\Administrative\PPM Amendments Rev062402.doc '"'" ~ \) I C{( (J Policies have been.reorganlzed and recodlfted. Summary of Changes Personnel Policy Manual 1- 47 48 .- 45 44 43 41 40 IV. Benefits 06.leave Without . Pay IV. Benefits 07. Family and Medical leave Act IV. Benefits 08. longevity Benefits "'V~Beneflts 09. Retirement V. Professional Development 01. In..Servlce Training V. Professional Development 02. Tuition Asslstanc. IV. Professional Development 03.. Technical Certification VtDlsclpllne 01. Dlsclplln~ No changes In polICy New policy Defines ellglbllty and requirements. Refers for Adm Pol 04.01.04 for details. - New poIlcyedded to ctefIne ettgIbIlty. Refers toProfesslonal DevelopmentOepertrnent for detaRs on application and reimbursement. No Change In policy Adds bonus at 25. 30. 35. and 40 years Clarifies that DROP plan partlclp...ts are considered have retired 81d .e not eligible for bonus No Change.1n policy to Provides for lump sum bonus at 5.10,15, and 20 years New policy Summarizes requln!trnents and refet:s to Adm Policy 06.05.01 for detals and forms. ." .may be granted leave of absence without pay for a period oot to exceed one year. 39 r--- ,31 32 33 34 36 37 lpensatlon 0... f." Manager Incentive Program IV: Benefits U1.uLegal Holidays IV. Benefits 02. Vacation leave IV. Benefits 03. Sick leave with Pay IV. Benefits 04. Bonus Days IV. Benefits 05. leave with Pay Compassionate leave: 3 or 5 consecutive calendar days .slx months. Definitions and requirements are spilt between Reserve Training and.Actlve Duty and follow current federal requirements for mHltaryservlCe. Replace with: 3 or 5 consecutive work days. 11 paid holidays Clarifies sick tme as IncIudlngfamHy sICk time No changes. Refers to Fernly and Medical Leave ACt for extended time avalable. No changes No changes 11 paid holidays Refers to Pay plan or bargaining contracts for pay details 30 29 I~I. ~om~ns~tlon .1' Prevlousl)' titled Bonus 07. Bonus Award .. ..... -. ~ nuun Deflned previous merit pay system end performance evaluatlon'piogram. Increases, New polIcY Defines Demotloo end T.... end refers to the Pay Plan document for details. States thepurpOSErOf the Ih<:eI1t1Ve pjysystem Is to . motlvete and reward employees eccordlng. to. Job performance. For details, refers to the Pay PlanIPosltlon Classifications and Performance Evaluallon Manual. RetllledBonus Award, No.chenge In polley, some reWording for d onlY.. 28 (Exempt) employees are eligible for such limited compen!i~t9O'tlrr1(t9ffW",U~! i!k:!n of the Departrnen. t HeadoroCltyManager 8S ooti 8bov"ii-~-~-~'~- ~ ----- 27 Unrestrtctedon-catl: elJtIrn. efterregof8l1Y scheduled worklnghourswhfJll8f1 employee Isde.lgnated to .~ avaHable for .C8II~back. The employee Is free to pursue personal.tlYltles but must. respond to pager or cellular phone . contact within designated guidelines set by the department head. this Is not considered time worked. If caned back, however, ceII-beek compensation wll be paid. Sonleb.-galnlng unltconb'8dsmay differ. OeIete.refer:ence to exempt camp time, Restrteled on-can:tlme spent on or away from City premIseS un<ler conditions whlcb prevent the ""pIoyee from using the tlmeforpersonalactlvltles. All such time In readiness Is con.1dered time worked. 28 25 24 ~23- II. Em 08.~~ Perl44 I~I. ComlMtn.atlon 01. Pay Plan "one hours of callback pay". "OIlly aCtual hours YlOfI<jJts"fill "Overtime pay"... .....10. exce~sof40hours" .appllcable to all non-contract employees. I:HJ counted," New policy Defines probationary periods for new hires. promot !a-- transfers.' Add"to Indlvldualletter of Agreement hofders If incorPorated Into the letter and to bargaining unit members, If Incorporated Into .the bargaining unit .contract. The Pay Plan Is published as a separate documenf... Add: "Refer to the current Plan Plan document for details." Add.. ."for non-exempt employees...,. Add: "Some sworn porIltIons In the Police and Fire Departments may differ ," Add: "Some bargaining unit contracts may differ." Add:"Refer .tothe currant.Pey Plan. document for detan.... ...two .hours of can back pay... Add On CaD To provide for after-hour service needs, tome operatfons WIthin the City may designate non-exempt employeeS to be on-call. r--l I ~ 1 . !! .. . e:~ ~r::r 6'5 ell c;tJ .... at !I a Q. In r- ~ r- en - CII Q. 2 3 at =' - CII C In C 9l -< ~ )II ell : L-= 21 22 II. Employment 04. Hours of Work II. Employment 05. Personnel Infonnatlon I New policy. states that official file Is maintained In HR and that documents1 with certain 8XC Itions. are sublect to Florida 20 II. Employm.nt Hiring Procedures II. Employment 03. Employment of Relatives . "be unlfonn within occupational Purpose: To set guidelines regulating the employment of relatives ofelQCt~ offk;It!!ls ()f CI!Y E{!lplq)ffJ8S. . Requirements: 1. Con1JJllaricewttt1st81ela~ ""Potls 2. Elimination of hiring practIceS whICh result 111 tOrIf interest, favoritism or the aptje8ranceof impropriety groups . rulQs. :ts of Delete Repface with: "An employment decision that resufts In the hlrtng of a relative ~a:w~~__-r eliminate hiring placIIces that ft!StJIt In tonfttds of Interest, ~1tIsrn or the ~ fA impropriety." No change In remainder fA polity. N/a II. Employment 02. Recruitment and Selection No change In polity. Some grammar end clarification changes. Add: The Human Resources Department shan schedule and conduct a general ortentatlonprogram for aft new employees to explain the City's history and organization, to complete benefit program enrollments, and to stress the use of safe work practICes. Eliminated from PPM; rewritten for APM. 18 15 , 14 ~.13~ I.G~ Prol ~.. 07 Am.Mcans with Disabilities Act (ADA) I. G.ne...al Provisions 08 Effectlv. Date of Policies II. Employment 01. Types of Employees .. .-Clvll Service Rules arid Regulations.. .. ."pennan~nr employee.. opt tntoPPM..:onorbeforeQetOber 1.1998,. Designated specific positions as contract employees. ....anyprevlous rules.... .. ."regular" employee... add....or during any subsequent annual Open Enrolment period" Delete list, add The CIty Manager may I~ to the CIty commission that candidates for certain senlormanagemet'lt posItIOns be hired bytettersofAppolntment. salary, benefits and other tenns and mndttIons of employment shal be negotIatEd 011 an Individual basis. Any Items not spedfIcaIIv addressed In the letter ofAppolntlTlent shall be the same as .thQSe provided for other exempt employees and/or as oovered In thts.Personnel Policy Manual. New polley States City polley Is to fully comply with Americans with Disabilities Act. the federal m 3 '2. o 'I r (It ~ OJ ::I ~ " ~ OJ 3 ~ , 12 11 8 I. General Provisions 03. Equal Opportunity Statement t. General Provisions 04. Harassment t. General Provisions 05. Violence In the Workplace t. General Provisions 06. Drug and Alcohol Use PoIlcyaddressed. only sexual harassment Policy has been broadened to Include any kind of harassment: race, religion, age. disability, sex, national origin or sexual orientation. New policy Provides for zero tolerance cf workplace violence. Wording taken from Adm Policy 12.01.22 Add "sexual orIenlatlOn". .. 7 . "handicap". Human ReSOurceS Dlfecfot F; Provide a system of checkfng payrol~. j()a~to determine that all persons In the City sefVlCe arebek1g pSkfln . accordance with these policies. G. Provide for the estat>>lltJ!ln:t!o~~~ ,!!~lnten8nce ofa roster.of allemplo~s.ln. the City ServICe. Replace with F. ."dlsabHIty" . renumber folIotwfng ~!I~"ttles G. Delete. renumber following responslbHttles Delete. City Manager . C.. .provlslons of the CltyCtillrter. .. .provIslons of the City Charter. applicable law and lIlese policies 5 Chapter begins on Paoe 4. I. General Provisions 02. Organization for Personnel Administration I. General Provisions 01. Purpose Topic CUy Commission C.....Indlvldual..contracr. . . O. Ratify alii lovals .ftOm posttlOns WI'I1ch require an individual . ~, B.An employee whO. is promoted ., . . ...or reclasslfled from postttoelS prevIoUSly covered by after OtW~Ll,l!J9~,~mg~~~!W~ tr:J.~ thel..~.I'fII~In9cUl'lit.IJf:I~~OrbY'~I'l'(;~~~.~;SL........... PPMasa condition ofpromc. n;riQI .regUlaoonsrnlOposlffOOS-affea@8Wtl1eSe~potlete9rSl"fan"bE! previous status as a civil selVla!etnploy'ee. An . mnslderedcovered b)' ttlesepollcles effective as of the date employee may reject a ptomotlon and maintain their of the promotion or rectaSSlftt,atlOn. civil seIVIa! status. OrIg.lnal L . . .Individual "letter of AppoIntrnenr D.Delete Change c.'-....::::..,.",..':, ~ ~ ~ ~ , ... 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'3'- . ;-~.J,~ PERSONNEL POLICY MANUAL CITY OF BOYNTON BEACH lMDORT,.N,. NO,.T('I= M:llnyof thepo'i~ieS cont~inen ,n thiCS manllal ar'o b-"'ced Of" le')al pr'ovisinno;, inter'pr'~t~tjnncs Of law, a".n emplny~o rel:lltionCS pr'incipl~e:, all 0' wkiCk ~re 'i""'iect to ck:llnge F=or' tkie;r'ltl:=lcsnn, "kic m~nll:=ll ie: consinered to be a gqidolinE' af"d. ics'illbject to ch~n')e with little ;otic. in'f ""'a;'t'::I1 dQet:: (l0#' constit;/I#'~ a ("I''''#'r::l("#' Of ~t"I"l.ployrn~,.,#' for ~ny_,..,nn Nothing!n thic' rn~nll:=ll .Sh:llll. b~ COn$tr'llen to COn'ititt Ito a cnntr~rt The City h:llS the r'i')ht, at itc; diccr'etinn, to modify tl"ti, h:=lnrtknoll .~t ~ny tj";"e Nothing h~r'ein limite; tl1~ City'CS r'ighte: to. tOr'min~te employn;tont 1 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 T~8'. s: OF CO~U:N"'S Page 1. C;ENERALPROVlSIONS............................................................. .......................................4 01. Purpose of These policies................................................ .............. ............................4 Positions covered by these policies........................................... 0....................................4 Approval of Policies..................................................................................................... 4 Amendment .of Policies............... .............. ........... ...... ........ ......... .............. ... .................4 03. 04. 05. 06. 07. 08. n. O!. 02. 03. 04. 05.pel'$Onnel Jritformation I Employee Files.... ................................... ......... ..................... 22 06. III. O!. 02. 03. 04. 05 06. 07. 08. N. Ot. 02. 03. 04. 05. 06. Codification ...~.. ................................................................ ...........................................4 02. Org~nization for Personnel Administration ............................ ...................................... 5 City Commission:... ......... .................................................0............................................ 5 City Manager......... .............................. ............ ......... ....................................................5 Hum,a'O:,Re$ourceS ,Director: ... I........... ..11I ..... Ill. III Ill" III III .... ...... .... Ill... ... ...., Ill.. ......... III II'" ......1.......".5 Equal emplQYr:nentOpportunity Statement...... ...................................... ........ ............."7 Harassment::" ,:,. .....1,11I ...... ....... II .., .... II ._.. Ill.... .,. .~........... III III Ill''''. III ....c... III .........1" ......1 ......._.......8 Viol~ncein~e Workplace.. ....................... ..................... .............. ........................... 11 Drug.and~'<:ohol. Use ... ........................... .......................... ............................ ........... 12 Americal"lswithPisabilities. Act (ADA) ..... ......................... ................... ..... ........ ......... 13 Effetti\l:e:'Qate,.pf :Po:,licies ......... ... III 'll' "1111I .... .... ...... ..... 11I.1....., III '" .,. ...... ... .... ........ ..... ......,. ,.. 14 EMPLQYME,NT.;, .',.... ..... ....... ,.. ...... ... ... .......... .... ... ............... ... ..c... ......... ........ ..... ............ 15 Types.. of .Erpployees ............................................................................................... 15 Recruil:n~,.ent.., a'nd Se.tecti.on...... ............ ......... ...1..... I... I... ........ I' ................. ....... I... ..111............... 16 Proloatiohary . Period.. ... . . .. ... ............ ... .. . . . .. . ... ............ ... ... .. .. . . .. .. . . .. ... .. . ... .. ... ... . . . . . .. .. 23 COMPEN$Ai'f'ION . ......... .......... ........... ..... .................. .......... ........... ..............................24 pay~lan .... ....... .......... ...... ............ ......................... .......... ........................ ............. 24 QVertime ............ ....... ......... ......... ...... ......... ......... ........... ....................................... 25 CallP~ck and On Call... ............................ ................................ ......... ...... .................26 CAm~n~tory lime............. ...... ........... ... .................. ..... ......... ... ... ......... ................27 Detnotio~ 1 Transfers ............. ............... ............ ........ ......... ......................0............. 28 In~en:tiv~, Pay System ............... ........ .......... .................. ........ ................................... 29 BOnus! Award ..........i......... ........................ ............ .............. ..................................30 City 'M,artlager Incentive Program........ ............................................................... ........ 31 BENEFITS.................................... ......... ...... ...... ......... ................................................32 Le;gat Holidays............... .................... ........ .............................................................32 Vaca1;ion Leave.............................................. ........................................ ................. 33 SilO\< Leave with Pay.................. ................. ..... .................. ......................................34 BOru$Days................................... ........................... .......... ...... ........... ...................36 Leavei'With Pay........................... ........................................................................... 37 . "'.:" !'. ,. L,...:.....e.:,'8..'ve:.!:.W,ith,. out Pay.... .H................ ............... .................. ............... .......................... 39 :,1""':<.' ' . City of BOyn~poa~ach Personnel POlicy Manual 2 Effective Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 07. 08. ...................'....'..........,.................,............40 In-Servi<::e', Training. ."",..".,.,.......... ......, ..............."..............................,...................44 " e, .. ..'........................ .............. .......,.............. ,.....45 j~c:l1 Certification....".....,...,...,............,..".........,.........,.......,......,.,.... 46 ........... 47 I: .,'. .~ ... ,:, ..:. iii. ,t, i iri ...',.' ,j,' I . :., .. . . . . .. . . . . . . . . . . .. . .. .. ...... Ii .. . ' ..:. . .... "1 . . "", . It . .~. (9iSciplihary Action.,....................,....,......,...... .......... ..... ...; .....................,... 51 , . ..I'iflCiI1'Y,Action:.....,........... ....,.... .......... ........ ........ ...:..;... "'~'O' ....... ............. 5? '''. .:'. '.ti.'H .. , .. :.. ,..' 55 ~rmlna onearlng..... .................. ........... ...... .......... ...... ........................, ~al.s............................................................... .............,.. ...... .'...... ........... 5p ...,~~':";':} , : " . ." .' I. ~"1c:1nc:~s.............,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, .'.... ........,... ......,.......... .0..'..... .......... 58 Re$l~N)\l'fIbN/tERMINA TION,........ ..................... ....................H ....... i" ...... .... ...........59 :<.. .', I":r!'. ...; . 59 ,~tl(l)nl" :ermlnation .................................,....................... .;....... ....................... . : ,I P~'l..... ..'............,............... ......... ........................... ............. ........................ 59 ..........................................................................................................,..."... 60 APp.eNO!X'... ..................... ....................,....................... .................. .......................".61 DEFtr'f.lmO~.$. ........ ..................................... ........... ............. ................ .........................61 City of Boynton Beach Personnel Policy Manual 3 Effective Date: 03/01/98 Revised Date: 080602 1 2 C. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 D. 17 18 19 20 21 22 23 24 J;~"I~."". 4(('Apb"'~ 1. Employmentacc:;eptancemust be made by the applicant within three (3) work days of the department's employment offer, unless otherwise extended by the Human Resources QifeCt:Of...If.employment acceptance.. is . declined,... the. depal'tment may consider.anotf)erapplicant. from the recruitm~nt's .applicant pool, . or the departm~l1trnaychooseto be9inanew recruitment. Empl9yment Proced.ures shall be followed.in either case. 2. The departJllent must notify the Human Resources Department of the tentative hire date; New employees must provide proof of work eligibility and verification of identity to tl'le City. Human . Resources Department will .forward the necessary employee paperwork to Finance Department for payroll. purposes. Orientation The Human Resources Department shall schedule and . conduct a general orien~tio~ . p~ran' for all. new employees to explain. the City's history and organizationtto. complete benefit program en/'OlImentst.and. to stress the use of safe work. practices. City of Boynton Beach personnel Policy Manual 19 Effective Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. The department may then recommend an applicant for employment and submit the proper forms to Human Resources for processing. .Ifthe Department Direct0r proposes a salary which exceeds the minimum of the position's pay range, written justification must be . included for consideration of the salClry. c.-'" '-'I" . ',.,; ,-,""._',"', .......,'.,..<.. ."c, .' ',,., ,;..: ,,", . ,"".- .,".-:.:': ,', .._"..'..'''' i..... '. ....... .,', ......,' ',....', .,' . '. '... . . . 6. After acceptance . of an ap criminal.backgro'. . chec~ DireCtor,may.p . With It .isthei Oty's i, ,.,.. position. Curr~n!~yme determinative or. controlling . in conjunction with a Mich may include a ~tions . ml,)st be ,~e pclsitlon. .At .' ent, with the . 'shaU.check the ,foIlQy.ling the IQyeeig credit. ical examination. and drug test results, . . k,if requiredjthe Human Resources 7. 1itle . n10st qu~lified ,a~plicpnt best suited for the ,., the i~itY !Sa fad:o~,i but is not, in and of itself, City of Boynton Beach Personnel POlicy Manual 18 Effective Date: 03101/98 Revised Date: 080602 F~ 1 2 3 4 -<;5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 4. All applications and resumes received by departments mustbefol"Narded to Human Resources. 5. Applicatipns.o for. .. employment may be . accepted. by the HUman . Resources Department when there .are CUrrent vacanciesfgra specifiedpositign. 6. vvhep a vacanCY occurs, previously submitted applIcations and resurneson. file in Human Resources maybe .. considered in~ddi~on.toall> newappH~tiol')s .and resume.s received until the established closing date gruntil thevjicjincy is filled. 7. Certain classifications . may require appli~ble. testing.p~9r.. to. ..~ing .. given consideration. Human Re5(purces wiUadrninister tests . r~uiredand ensure that passing scores are attained prior toforwarciing .an appli~ti9nto a department for consideration. 8. The HumanR,esources Department shall adVise the appropriate Department Head of the eligible applications. 9. Upon receipt of the eligible applications, the department should: a. R.eview and evaluate all applications and resumes based on, but not limited to relative. qualifications,. knowledge, abilities, skills, education, experience, and ..certifications or licenses required in accordance. with current class specifications. b. Prepare an interview schedule and conduct interviews. Human Resources may aSSist in scheduling, contacting, or co-interviewing of applicants at the request of the department. c. Determine which candidate is most suitable for further consideration and proceed .with additional interviews, if necessary. d. Determine that. the applicant pool was suffident prior to recommendation for employment. B. Seiec:tkM1, Refe~nce Checks and the Recommendation Process 1. Once the interview process has determined suitable applicants, the department shall be responsible for checking references. No inquiry regarding criminal records, credit history or medical conditions shall be made at this step of the evaluation. 2. Human Resources Department may also conduct verifications regarding academic degrees, previous employers, character references. . All . information provided on the Applicatiohfor Employment wtll be subject to verification as needed. 3. Once the results of reference checks. and, other verifications appear satisfactory, the department will be notified in' order .that processing may continue. City of Boynton Beach 17 Effective Date: 03/01/98 Personnel Policy Manual ReVised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 u. EMPLOYMENT 02. R~rui"'eritand Selection tionally competitive with other governmental entities as well as . ent andretentjon. of qualifiedemploy~ is of paramount . efficiency .the City .ffiust have the flexibility to fill vacancies hiring... Vejcant po . sshall. be filled in .the . terests of se ecti6n,and prom Qf.emplG>yeesc;m the is of their ge,apilities, and,skills. Basic:; Req..drt1!m4aJ1ts 1. The. Human Resources Department is responsible for nondiscriminatory implementation of this polity. 2. Each department is responsible for assisting the Human Resources Department with recruitment, interviews, tentative selections, and recommendations for appoil':'Jtment. Departments have no authority to modify or waive the provisions of the PPM. . 3. 11'1e Human Resources Department has p!"imary responsibility for hiring employees. Nlernployment di5Cussionsare to beconsidereq non,oQbligatory , exploratory, and tentative. in . nature and should be indicated as such to the applicant. Any offers of o employment made to an individual prior to obtaining all necessary authorizations shall notbe binding on the City . Procedures A. Applications and Interviews 1. Once the Human Resources Department has .officially announced a job vacancy through the posting of an Employment Opportunity notice, the offidalrecruitment process has begun. The recruitment process may be withdrawn by the Director of Human Resources. 2. Individuals desiring consideration for employment must sui:)mitan Application for EmploYJT\ent form, .or a resume to. the Human Resources Department. Employees arei encouraged to submit applications. for promotional opportunities. All applicants submitting a resume and grantedfurtherconsidera.tion shall complete an Application for Employment at some point dl.Jring the employment process. Veterans preference will be given in compliance with current legislation. 3. .Appli~tionS must be signed by the applicant. Falsification of any part of the Application for EmptoYl1lent or any related documeotsmay upon discovery, lead to denial of an application, withdrawatof an offer of employment, or dismissal of the employee... Incomplete. applications may be. acc~ted but . missing information must be obtained fTom. or submitted bY the applicant On reQuest. City of Boynton BeaCh 16 effectiveDate:03l01i98 Personnel Policy Manual Revi5e<l Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 II. EMPLOYMENT 01. Types of Employees City employees are divided into two groups: non-contract employees and contract employees . A. Contrac:;temployeesmeal1s either individuals hired by direct, Letter of Appointment,.or individuals who are.covered by a.Collectjve bargainil"lgagreement. Senior rnanagerTl~nt p()si~o~sshall behirecib'l the City .. Manager by Letters of Appointment.. Salary, ~nefits and other terms and c()~pitions. ofemployment .shall be negotiate~onan inclividual basis. TtleLetterof Appointment shall specifY which provisions of, thePPM apply to the employee. B. NQn-c::ontl"ac:ternplo'lees means employees Who are not otherwise designated as contract employees. City of Boynton Beach Personnel Policy Manual 15 Effective Date: 03/01/98 Revised Date: 080602 1 I. G.ENERAL PROVISIONS 2 3 08. Effective Date of Policies 4 5 The original effective date of the PPM was March 30, 1998. The policies are applicable to all 6 employees hired after 0 March 30, 1998. The policies are also applicable to all employees hired 7 before Mar:'ch30, 1998,. if that employee tiled a .written election,. on or before. October 1, 1998, to .. 8 . be . covered by thesepolici.es.. ... 9 10 ArE!9ularemployee who timely made the election to be covered by these policies, will continue to 11 accrue sick ar;1d vacation time in the same manner he PI' she accrues .it under any previous rules. 12 A ~egular employee:wMo ,~lected to opt into the Personnel Policy Manual on or before October 1, 13 1998, . or during any subsequent annual Open EnrQllmentperiod,. ?hall Jpon termination of 14 employment With the, Itv,. be paid for unused si.ck arid vacation time in the siime manner as they 15 WbulSI have been: en . to be paid under OvilService Rules and Regulations which were in 16 effect when they were hired. . .. . 11 18 19 20 City of Boynton Beach Personnel Policy Manual 14 Effective Date: 03101/98 Revised Date: OSOeo2 1 I. GENERALPROVlSIONS 2 3 4 07. Americans with Disabilities Act (ADA) 5 6 The City .ofBoynton B~achas.an employer has a responsibility to. ensure that all applicants and 7 employees are treated fairly in. aHaspects. of employment. It is. th~ policy of The City of Boynton 8 Beach to/provide a workplace free from unlawful discrimination in which all applicants. and 9 employees have equal opportunity in all areas .of employment. To this end, it is the policy of the 10 City to fully comply with the Americans with Disabilities Act (ADA). 11 City of Boyntol'! Beach Personnel Policy Manual 13 Effective Oate: 03101/98 Revised Oate: 080602 1 2 3 4 5 The City of Boynton Bea~h 0 does not tolerate illegal drug usage and drug or alcohol abuse. This 6 . prohibition includes the unlawful manufacture, distribution, dispensing,.. possession, use of a 7 controlled substance in or away from the workplace. . .. .. 8 9 10 11 12 13 14 15 I. GENERAL PROVISIONS 06. Drug and Alcohol Use Any employee. who violates this policy is subject to disciplinary action. up dismissal. (See Chapter VII.01Disciplinary Actions.) and including The City recognizes drvg.dependency as an illness and..a major health problem. Consequently, it provides an .. Employee Assistance/Program . (EAP) which offers. short-term counseling and assessme"t and referral services to an emploYee or an employee's immediate family members. City of BOyT1tonSeach Personnel Policy Manual 12 EffeCtive Date: 03101/98 Revised Date: 080602 ".",.,.."" ~,." ",..,,,, ,.0 " >\1ffl, ~'III'!'JII\'- ,,\,'.. .. '" .!l;f ~!l:J,n.."."l'l......; ._ .,.. c_. ....,., ..~.~~""""' ,.1', _ .'~"''i'", 1._.m;~'T~,~"".o"""."".,.,._",,,",,,,,.,"I~~lI'lll''\if 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 I. GENERALPROVlSIONS 05. Violence in the Workplace The City of Boynton Se.ach 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, or the threat of violence, by or against any employee of the City of Boynton Beach is unacceptable and violates City policy, and will subject the perpetrator to. serious disciplinary action up to and including termination, and criminal charges. 2. Possession, use, or threat of use, of a weapon, including any type of firearm, is not permitted at work, or on City property, inCluding City vehicle, unless such possession or use of a weapon is a necessary and approved job requirement. 3. Any person who exhibits unusual behavior or makes threats, exhibits threatening behavior, or engages in violent acts on City property shall be removed from the premises as quickly as safety permits, and shall remain off the City's premises pending the outcome of an investigation. 4. All City personnel are responsible for notifying a supervisor of any threats, which they have witnessed, received, or have been told that another person has witnessed clr received. a. Even without an actual threat, personnel should report any behavior they have witnessed which they regard as threatening or violent. b. Failure to notify a supervisor of such activity will subject the employee to serious disciplinary action up to and including termination, and criminal charges. 5. No employee acting in good faith, who reports real or implied violent behavior will be subject.to retaliation or harassment based upon their report. 6. The actions of a supervisor, manager, or other employee will be dependent upon the seriousness of the situation. However, consistent with personal safety, managers and supervisors have a responsibility to make a good faith effort to defuse violent or potentially violent situations. as quiddy as possible in order to prevent their escalation and creating a threat to .others. City of Boynton Beach personnel Policy Manual 11 Eff!!Ctive Date: 03101198 Revised Date: 080602 1 9. 2 3 Administrative. operating procedures..as determined by the Director .of Human..Resources for thisp<>licy shall . be.. applicable. City of Boynton BeaCh Personnel.Policy Manual 10 effective Date: .03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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. If th~ behavior continues, . the . employee should immediately report the behavior to their own supervisor or. Director.of Human Resources. ",eindividual instigating the . harassment may... not necessarily beano~er.employee,co-work~r,. or supervisor, but may also... be any. other person conducting.. business. for.. or with. .City employees. . Procedures 1. Employees should report their I harassment complaint immediately. The employee has the option of reporting the complaint as follows: a. to their supervisor or department director, or b. to the Director of Human Resources ora Human Resources department designee. 2. If the supervisor or department. director is the person accepting the complaint, he or. she will notify the Director of Human Resources of the complaint. 3. The Director ofH.l.1man Resources~ill begin coordinating and conducting the investigation process in a timely manner. A written. statement wiUberequested of the complainant. 4. The City will provide an . administrative responsein atirnely and reasonable manner (within 30 days, if possible). The response ,will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved in the harassment. S. If the employee perceives the. si~ation to be threatening, that employee may request authorization to use accrued Annual Leave or Leave Without Payor a job transfer. Approvals will be determined 01'\ a case by case basis. 6. DiSCiplinary and/or corrective . act;ions 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 ~e findings .of the investigation. However, any employee found to have provided false or misleading information or does not fully cooperate with an investigation when filing acomplaipt may be subject to disciplinary action. City of Boynton Beac::h Personnel Policy Manual 9 Effective Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 I. GENERAL PROVISIONS 04. Hal'assment The City of Boynton Beach is committed to providing a work environment that is free of unlawful ~ar . me . .discriminatiOfl. liarasSment (both overt and subtle) is a form of discrimination w/1. . n is subjected to a hostile or offensive work envin~nment because of threatening, intimidating,.. embarrassihg,or . other . offensive behavior based on his/her race,. religion, age, disability, sex, national origin or sexual orientation. Unlawfulhar~S$ment is a serious. offense. Any employee who engages in such conduct or epco.lJr<1~~~y~hbeh~viOrbyothersshall be subject to disciplinary action up to and including dismissal. . 8Y.. Viay of Hh.lstration,but.. notlimitcltipn( the, fpllowingshaUcorl$1;itute..Jnappropriate workplace behavior: 1. Disparaging remarks . (written or . verbal) . ofa discriminatory nature. Includes slurs toward. a protected group; 2. Jokes targeting a protected group, as well as jokes or comments or a sexual nature; 3. Posters, flyers,' personal attire, . . etc., designed to promote di$Crimination. or harassment ofaprotected group; . 4. Disparate treatment ofindivi~uals in the. protected. categories involving recruitment, promotional opportUnities and application .of policies,.. procedures and regulations; . . S. A(:ts ofviolence~.threatsof violence, or. other harmful or offensive behavior intend~toPl'C?[J'lotea hostile . work environment because of an individual(s) membership in a.. protected group; 6. sexual harassment can indudeunwelcome sexualacivantes, .request for sexual favors, al"d other verbal ..or phySical conduct .of a sexual nature which creates a h~leor intimidating enviromnent. The policy prohibits .behavior that is not welcomed by th~employee andi~ personaUyoffensive st,lch as, but not limited to: . sexual flirtations, advances or propositions. . Vert)il abuse .of asexual )nature, ~ually related comments and joking, graphiC, or .degradin9 comments about ,an employee's appearance, or the displaY of sexual objects or pictures. . AnY. >. uninvited. pi'lysi~1 contact . or touching, such as patting, pinching or intentionally' brust\ingagaiO$t .ano~ers body. Provisions 1. All levels of supervisors share responsibility for communicating this policy, o for recognizin.g, responding and taking corrective actions, and/orpreventfng .sexcat.. harassment of CIty City otBoynton Bl!ach Personnel Policy Manual 8 EffectiveOate: 03101/98 Revised Date: 080602 1 I. GENERAL PROVISIONS 2 3 03. Equal Employ1Tlent Opportunity Statement 4 5 6 The. City. of 6oYr'lton Beach. is an Equal Opportunity Employer. and prohibits discrimination because 7 of race, color/creed, religion, national origin,. sex, age, polipcalaffiliation, disability (except where 8 such factor is .a bona fide occupational qualification or is required by State and/or Federal law), 9 sexual orientation or .rnaritalstatus. in...allaspectsofits. pe!'SC)nnel policies, prosrams, practices, 10 recruitment, examination, . appointment, training, promotion, retention or any other actions and 11 operations. 12 7 Effective Date: 03101/98 Revised Date: 080602 City of BoyntonBe.ach o Personnel Policy Manual 1 desaiPtions and amendments to job .descriptions wh.ichreftectthe.duties being 2 performed by ea(i:h employee. 3 4 D. Administer the pay plan. S 6P~~q~9;~@~iAreVi~W9fcdm.pensationlevelsltftheal'ea · to the extent that such '7 levels~ff!:<tt <1;:it:y.empIoyrnent. . 8 9 F.. Rt()Yiq~~9. 8ffi'1~.~~q proc. $d~resas ~e/shemay consider necessary, appropriate or 10 desirable.. rryoutthe pe!'$Onnel. program. 11 12 G, Develop and establiSh in cooperation With the City Manager and various department 13 heads .sQchtraining and educational programs for employees as conditions warrant. 14 15 H. Perform. such. other activities. with refere.nce to Human. Resources administration not 16 inconsistent with the. City Charter orthesepoliciE!S, as the City Manager may direct, or 17 as may be required by Ordinance. 18 19 1. Prepare and recommend such polides or amendments to the policies as may be 20 necessary or advisable to carry out the intent and purposes of the Oty personnel 21 program. 22 23 J. Administer Benefit Programs 24 25 K. Administer Disciplinary Process 26 27 L. Review the Human Resources Policy Manual not less than bi-annually and file a written 28 report with the City Clerk. 29 30 M. Administer the Performance Appraisal Program. 31 City of Boynton Bead'l PersoonelPolicy Manual 6 Effective Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ',-- 1. GENERAL PROVISIONS 02. Organization for Personnel Administration City Commission: The City Commission shall: A. Have the power to approve or amend the Policies on its. own initiative or on after receiving a recommendation from the. City Manager. B. Annually approve a pay plan, which may, in their sole discretion, provide for wage and benefit increases or decreqses. Ratify letters of appointment when required by the City Charter. City Manager The City Manager shall: A. Be responsible to the City Commission for the administration of the personnel system. B. Appoint, promote, transfer, remove, demote, suspend, or. discipline all subordinate employees. The City Manager may, in his/her discretion, delegate administrative authority to the Human Resources Director or Assistant City Manager to approve personnel actions. The Manager may enter into letters of appointment to hire or retain exempt ,status m~lnagement employees under such terms and. conditions as the City Manager deems necessary to hire or retain competent management personnel. Ratification of letters of appointment by the City Commission is not required unless otherwise required by the City Charter. C. Perform such other duties. and have and exercise such other powers in personnel administration as is vested in. the City Manager by the provisions of the Oty Charter, applicable law and these policies. D. Appoint acHuman Resources Director wpo shall be responsible to the City Manager for the of the City's Personnel program. Human Resources Director: The Human Resources Director shall: A. Administer the provisions of these policies. B. Develop and administer such recruitment and examination programs of competent applicants to meet the needs of the City. Commission ado tion, 'ob ErfectiveOate: 03/01198 Revised Oate: 080602 C. Pre are and recommend to the Ci City of Boynton Beach 5 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 I. GENERALPROVlSI0NS 01. Purpose of These Policies These policies are to provide guidance for the administration of the Cit'ls Personnel program. It is the intent of these' policies that City employees will be dealt with on an equitable basis, so that the citizens of. the City . may d~rive the benefits and advantages that can be expecteo to result from a competent Staff of City employees. Positions covered by th~ policies A. These policies shall apply to all non-contract employees. These policies apply to union. employees only when they. are incorporated or referenced (in whole or in part) in the union employee~' collective bargaining agreement These policies apply to employees with individual contracts only to the extent they are jncorpora~ed by reference in the. employee's contract. . B. An employee who. is promoted or reclassified from positions previously covered by ,bar:gaiflin9 uni~ agreements or by any previous rules or regulations into positions affected ; byth~policies, shall. ~ considered covered by these policies effective as of the date of . the promotion or reclassification. : .... ....,.,:..:..;,,!l:;! Appro~~lqf'Pl;>li~i~i ....<..... ., ,., These~lic;ie$~~C!I!t)ejqfor~e and .effect when approved by Ordinance of the City Commission. In theevetltqf.~~'1,~qn~i~)~tWeenth~ rules. ancJ any otherexjstingpolicies,ru1es or regulations which are in ~oht1ict;Wlththese polides, these ,polici~ shall. prevail. Amendment ofPoli~es ThesepolidesmC!Ybe~tnendedJromtime to time by Ordinance of the City Commission, unless another means.ofamen(Jment is specified in this document. Codification The City Administration, from time to time, reserves the right to recodify the Personnel Policy Manual to fadlitate its use. City of Boynton Beacl'1 Personnel Policy Manual 4 Effective Date: 03101/98 Revised Date: 0~0602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 II. EMPLOYMENT 03.. Employment of Relatives An employment deCision that results. in the hiringofa relative of another City employee must be in compHancewiththeFlorida state law on nepotism. This policy is intended tpeliminatehiring practices that resultin conflicts of interest, favoritism or the appearance of impropriety. 1. No person may be hired intQ. the same department in which he/she has an "immeqiatefamily" member working if pne.supervises or evaluates the other. 2. No person may be tral'\sf~rredinto a department .in which he/she has an "immediate familyll. memberworking,if one supervises. .or evaluates the other. Provisions of this Policy ~ill not affect persons employed and assigned at the time this Policy goes into effect. 3. Persons becoming husband and wife while working within the same department may not both continue their employment in the same department, if one supervises or evaluates the other. 4. The provisions of Ronda Statute 112.3135, regarding nepotism shall control over any provision of this Policy. . .City of Boynton Beach Personnel Policy Manual 20 Effective Date: 03/01/ge Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 II. EMPLOYMENT Q4.Hours of Work Hours. . of work will be determined by Department. He~ds, subject to the approval of the City M.anager and shall: A. be determined Jnaccordance with the needs bfthe. City, and B. take into accou.nt the. reasonable .needs of the public who may be required to do business with various City departments. City of BoyntOl"l Beacl'l Personnel Policy Manual 21 Effective Oate: 03/01/98 Rl!IviS8CI Date: 080602 1 II.EMPLOYMENT 2 3 05.< Personnel Infonnation I Employee Files 4 ,5. Theofficial'.perspnnel file of each employee is maintained in the Human Resources department. 6 7 AU documents in the file, with certain exceptions,.are subject to the Florida Public Records Law 8 which requires information in the file be made available for review upon request. 9 10 Documel"lts/informationexempted by this Law (with some'exceptions, such as a Court Order) are: 11 12 Social Security Number 13 Medical information 14 Benefit Information 15 Home Address and telephone number of sworn Police and Fire employees, inspectors, or 16 other employees designated in F.S. 119.07 Human Resource department employees. 17 Spouse's work and children's school addresses and telephone numbers of these employees 18 19 Employees must notify the Human Resources Department in writing, within twenty (20) days, 20 whenever they have a chang~ of address or telephone number, or a change in the name, address 21 or telephone number for their emergency contact. 22 City of Boynton Beach Personnel Policy Manual 22 Effective Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 II. EMPLOYMENT 06.probafojonary Period In order to determine. that each employee is placed in a position most likely to result in a successful .l:;:areer. at the City, all nevvly hiredo.r promoted employees shall be required to complete a probationary period. New. Hire (Full-time): Each neW fulir'time. ~rnployee mustsl,lccessfully complete a probationary period .of twelve months from the elate of hire. . . Promotion from Part-Time to Full-Time Each promoted employee must successfully complete a probationary period of twelve months from the date of promotion. Upon ..successf'Qt.. completion of. the probationary period, the . probationary employee will be consideredart~gularemployee. Promotion tQ a Higher Graded Position Each promoted emploYee mu~ successfully cOI1'lPletea probationary period of six months from the date of promotion. Note: Applicants for promotion must have be.en in their current position fora.minimum of six months and have a.Meets Standards or. higher performance rating. Transfer to a different position, whether in the same or a lower grade Each transferred employee must successfully complete a probationary period of six months from the date of transfer. Probationary. employees, whether in their first year as an employee or in their six month promotional. probationary period have no property entitlement to their position. City of Boynton Beach Personnel Policy Manual 23 Effective Date: 03101/98 Revised Date: 080602 1 Ill. COMPENSATION 2 3 01. Pay Plan 4 5 The Pgy. Pl~n, . referred to in these policies, is applicable to. all non-contract employees, to 6 individual Letter .of. Agreement holders if .in<:orp.orated.. into the Letter.. and <to bargaining unit 7 members,. if incorporated . into the bargaining ..unit contra<:t. The Pay plan .,. is . pubHshedc;ls a 8 separate doc;:umentand.. maybeam~nded from time totimeby res.olution of the City Commission 9 following recommendation from the City Manager. The Pay Plan is not vested and does not 10 constitutea.contractualobligation Of the City. 11 12 The City Manager shall be responsible for interpreting the application of the Pay plan with regard 13 to pay... problems that are notspecificallycover~by. tHis plan,. using the.. principles expressed 14 herein as a.. policy guide. . 15 16 Refer to the current Pay Plan document for details. 17 City of Boynton Beach Personnel Policy Manual 24 Effective Date: 03/01/~ Revised Oate: 080602 1 III. COMPENSATION 2 3 02. Overtime 4 5 Overtime pay for non-exempt employees may be given only for authorized or.. directed time 6 worked. in excess. of 40 hours. Some sworn positions. in . the Police and Fire. Departments may 7 differ. Overtime 0 will not be granted for less than a tlfteen (15) minute. period. In .calculating 8 overtime, only actual hours work~ shall be counted (Sonie bargaining. unit cOr:'tracts may differ.) 9 10 Provisions of the Fair Labor Standards Act shall be applied to resolve all overtime. issues. 11 12 Refer to the current Pay Plan dQcumentfor details. 13 City of Boynton Beach personnel Policy Manual 25 Effective Date: 03101/98 ~evised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 III. COMPENSATION 03. Callback and On Call Callback Callback is an unscheduled or emer~ency return to work outside of officially scheduled work hours or on a holiday or day off at the request of a Dep~rttnent Head. This is not overtime .or holiday work scheduled in advance and re(Jularly recurring call to duty. Any employee who has physically left work (punched. o~,< etc.) and is called back to work by his/her Department Head.or the Department Head's desi~nated representative for an Ilrcrh€f"llll~rl or~n')~r'~ency. assignment, shall beq.ompensatedfor two (4) hours of call back pay, plus the time worked in excess of the first fifteen (15) minutes. On Call To provide for after-hour service needs, some operations within the City may designate non- exempt employees to be on-call. Restricted on-call: time spent on or away from City premises under conditions which prevent the. employee from using the time for personal activities. All such time in readiness is considered time worked. Unrestricted on-call: all time after re(Jularly 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. Some bargaining unit contracts may differ. City of Bpynton a$ach Personnel Policy Manual 26 Effective Oate: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 Ill. COMPENSATION 04. Compensa~ory Time An employee eligible for overtime in accordance with tt,e pay plan may be granted compensatory time off at the same rate it was earned (Le., straight time for straight time, time and one- half for time . and. . one-half)... Compensatory time can be earned, accumulated,. anci used, With the DepartJi1ent Head's approval ordirection, in accordan<;e with. the Fair Labor Stan~ards Act. The choice of whether to grant overtime payor compensatory time rests solely with management and depends on the most efficient and economical deliv~r:y of services. City of Boynton Beach Personnel Policy Manual 27 Effective Date: 03101198 Revised Date: 080602 1 m. .COMPENSAllON 2 3 05 . Demotions I Transfers 4 5 Demotions 6 7 Transfer qfan emploYee from a higher graded position . to .alower graded position may be 8 initiat~by~.e~mployeeorby~e City.as part ofadepartmental restructuring .or realignment of 9 respol'1sibilitiesfor failing. to. m~t standards of performance. 10 11 Transfer 12 13 Employees transferring from one position to another in the same pay grade, whether in the same ,14 for in a different department will maintain the same pay rate. 15 16 For further details regarding these personnel actions, please refer to the current pay plan 17 document. 18 City of Boyntoo Beac:h personnel Policy Manual 28 Effective Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 m. . COMPENSATION 06. Incentive Pay System The Oty of Boynton Beach 0 has established the Incentive Pay System to motivate and reward employees according to .their job performance and contrib\:Jtions toward accomplishment of major . objectives. The purpo~ of the system is also to promQte ~on:titlUOUS improv t and qUjillity performance through individual. and cooperative effort,. assiSt. in . care .pment and advancement, identify individual trainingl needs, determine suitability for . , effectiveness' in the assigned position and ability for .absorbing. more responsibjlity: Allee!; should be · continually working towards the mission, goals, and objectives of the Oty. Incentive. pay and oonuses may not be included in . the .employee's base pay and may not be carried forward in subsequen~ Years..~ F.S: 166.021(7). .. Eligibility Regular budgeted employees, both full-time and part-time, who have successfully passed theiJ: probationary period are eligible for this program. Program Specific polides and procedures for the incentive pay plan are detailed in the Pay Plan/Position Oassiflcations document and the Performance Evaluation Manual. City Qf Boynton Beach Personnel POlicy Manual 29 effective Date: 03101/98 Revised Date: OSoe<l2 1ID. COMPENSATION 2 3 07. Bonus Award 4 5 ~na.qditionto.anyotrerrnone~ry benefit, the City Manager is authorized to approve a bonus of 6 $500.00 . when suSh a . bonus .. is.justified'.. in. writing/by. the.. Depar-trnent..Head.. . This ibonus will not 7af;fect:tr.eemploy~spaygradeor pay rate.. Fundsfor the bonus Will~. budgeted asa separate 8 all.Qwanpe.andadministl;lredunder thedlrect:controLof the. City. Manager.... EmplOYees. are not 9automati~Hy entitled to bonus moneyanc:1onlyone I:)onuswiU beallowedtoaniemploYee in a 1 0 fiscalyear~ This approach is. a sYstem where the immeciiatesupervisQrqnd Department Heac:1 can 11 recognize top performance and reward the employee promptly. 12 Incentive pay and bonuses may not .~. includedinthe efTIpIOYee'S..base pay af'ld may not be 13 carried forward in subsequent years. See F~S. 166.021(7). 14 15 16 17 18 19 City of Boynton Beach personnel Policy Manual 30 Effective Oate: 03101/98 Revised Oate: 080602 1 2 3 4 5 ,All submittals far incentives must be dane as part af a team and the submittal must be appraved 6 by the tearn'ssupervlsor. The pool far funding this program will be limit~ to. $15,000.00 per fiscal' 7 year and the amount of any ,single program will be, limited to$l,OOP.Op. Emplayees , are, 8 ,en~()uraed :tb 'beas~teative as poSSible, whil~atthe sam~ tim~ keeping the ,effart Simple. 9 'Ince 'ntS' will'be'cansioered for the fallawing ty~ of, activities (altl1a~gh they cire nat' 10 limited a jthesetype af activities): ' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 III. COMPENSATION 08. City Manager lncentive Program Custamer service h,.,pravements. Cast efficiencies (savin~s). Improvements in aperations. Productivity enhqncements. ~panding haurs of ope~atians. Doing' work in-house r;ather than engaging a cansultant. Incentive applicatians will be .accepted by the Oty Manager's affice, cammencing September 30lh af each year, for award at the last City Cammissian meeting in December. Incentive pay and bonuses may nat be included in the emplayee's base pay and may nat be carried forward ins~bsequent years. See F.S. 166.021(7). City of BoyntonBeacl'l Personnel Policy Manual 31 Effective Date: 03101/98 Revised Date: 080602 1 IV.BENEms 2 3 01. Legal HOlidays 4 5 Legal. Holidaystobe. observ~byth: c:ity'sernployees unless such employees are required to be 6 on regularl:h.;tyareNew Year's Day,. Martin Luther King, Jr. Day, Presidents' Day, MemoriaLDay, 7 Inde~ndenceOay,- Lat)Or.pay,Veteran's. Day, Thanksgiving.. Day, ... Day after . Tl"lanksgivingf 8 ..Christrnas Eve, and Christmas Day.and.s.uch other days.as may.bespecificaUy designated from 9 ti me-to...ti me by the City Commission 10 11 The City Mapagerand City COmmissior1 r~ryett1erighttodeclarethese and any other holidays 12 on a date designa;ed by them; sUCh date does not necessarily have to be on the specified 13t!'aditionaldate,but on a date. that meets the beSt interest of the aty; except if noted othel'VYise 14 by union contract 15 Full...til'neerm~IOYees shall. pe~on'lper'l~t~fbrl~alholidays. Refer to the current Pay Plan or 16 bargainir191;J~it.contractsf()r. d~tails~MQ9r1yrateempIOyeesmust work their regular work days 17 immediately' befOre the after t.i1e,ho)iday in order to receivepayfpr the holiday or be in an 18 authorized,Wittipay stattlsimmediat~lyqefore and after the holiday. Part-time, temporary, and 19 emergency appointed employee are not eligible for holidays with pay. 20 City of Boynton Beach Personnel POlicy Manual 32 Effective Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 IV. BENEms 02. Vacation Leave Each full time employee shall earn vacation leave at the rates shown in the scheduled outlined below; The number of day/hours credited per year will not increase after the 20ttl years of service unless. thesohedule is amended. In computing vacation leave, no vacation leave will accrue for any week!n which;the employee is not in a paid status, ' for 24 or more hours. . ular employee' shall, upon termination of employment with the City, be paid for .unused ac . vacation leave. Employees on their initial one year probation are not eligible to take vaca. 'cm for the first .sixmo. . f.employment. employ~ who leave their employment with the City within the first six(6)"sof employment, are not eligible to be paid for any accrued vacation. time~, \lflC~TTQN accpll4\ PO~ lCV (8as~ pn 40.. hour,wQO< week) Years of Servite . Vacc,tiQn;Days, , ..., .,." Vacation. Hours 1 Year 2 but less than 5 5 years but less than .10 10 years but less than 20 20 years and after 48 96 120 136 160 12 15 17 20 17 18 19 Employees may accrue vacation leave to a maximum of the leave eamed in the most recent two 20 employment years. Vacation leave accrued during October 1 - September 30. may exceed this 21 stated policy, however, any amount over the allowable maximum that has not been used during 22 that October 1- September 30 will be forfeited as of September 30 of that fiscal year. 23 24 25 City of Boyntoo Bea.ch Personnel Policy Manual 33 Effective Oate: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 IV. BENEfITS 03. Sick leave with Pay Sick lea~e with pay shan, be granted to regularly employed full time employees at the rate of one working' day for ,each...completed.month,.of service, (96 hours/year). Sych I~aye.shall be.computed on an employment year basis. Sick leave pay wilL be. paid at thesqn;1e rat~.asa regular work day. Unlimited. accumulation of sick leave is authorized. A regular. employee shall, . upon termination of employment with the City, be paid for unused accumulated sick leave, 'as detailed in paragraph K below Sick leaves~allnot.beconSidetedasarightwhiCh.an employee may use .at his/her discretion, but rath~r asaprivUeg~Whichshall be allowedonly.incase of personal sickness or disability, legal quarantine. because' of~X~$ure to contagious.di$ease'LJp to five working days in. any calendar year .may. betakenassick,l~avebecause .ofserious illness within the immediate. family (spouse, child, parent). In the,aaS(:eofa prqlOnged,catastrophic illness within the family, an employee may take more family Sicktlmeonly if approved by the Qepartment Head, Human Resources Director and City Manager and a doctor's letter must be submitted. If the reason for the leave is covered by ~~FamnyandM~i~lll.eaveAd; polity, family sid<. leave my be extended but not to exceed twelveweel<.sin arollingitwelve mpnth period measured ~ckwarcls.See PPM V.07 and APM 06.06.01.. Sick . leave will' nQt be granted if it falls on regular days.off or on a holiday. In order to begranted.sickle~veWith.payanemployee must meet the following conditions: A. Notify his/her immediate supervisor one (1) hour before the beginning of the schedLded workday of the reason for his/her absence or within lesser limits if required by the Department Head. B. Permit such medical examination, nursing visit or inquiry which the City deems desirable C. File a . written request for such sick leave on the form and in the manner to be prescribed. D. Absences of more ttlan three (3) days sick leave must be documented by a doctor's.certificate explaining the. absence and/or unfitness for duty. In the case of extended absences, four daY$ or more, it is the duty of the employee to contact their Supervisor or Department 'Manager on a weekly basis until they are cleared for return to work. The City reserves the right to require an interim doctor's certificate/report during the employee's extended absence. E. If excessive sick leave is taken in such a way as to indicate a pattern, random or City of Boynton8eactl 34 Effective Date: 03101/98 PersonnEII Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 dtherw.ise, . the . ~mplOYee .will. .~.. placed 01'1 restricted sick . leave and a doctor's certificate will. be required fora one d~y ab~nce. F. Employees serving a probationary period on an original appointm.~f'1t shall accrue sickleayein accordanc~\'Viththeprovisiof'1s of this ~on. G. In computing sick leav~ no sick leave inc:rements will accrue for any week in which the employee' is not in la' paid sta~s, Tor 24 or more hours. H. In computing sick leaVe taken, all employees shall be charged one hour sick leave for each hour not worked because of illness. 1. Regular employees that have exhausted their accumulated sick leave and are still unable to retum to work, may.draw agcsinst, their annual .Ieave account. Such request must be made. to the Department Head by the employee, who in tum must notify the Human Resourc~Director, on the prescribed form. . J. Oaiming sick. .Ieave when physically fit sh~llbe cause.for discharge. K. All regular employees (or their benefi~aries in the case of death) will have payment made' for unused si~k leave at the rate specified in the table below, upon resigning, retirement or death. . . . Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years 0% More than 5 fully years, but less than 10 full years 10% More than 10 full years, but less than 15 full years 15% Moret:han 15 fun years,blJt less than 20 full years 20% Upon retirement from . theOty 30% (Retirement shall include normal retirement, disability retirement or early retirement as defined in the appropriate Pension Plan.) L. Employees,. if work. is available, may.retum to .worl<. . with a Ught Duty Certificate and/or . letter from their physician provided there is work available within the City that woul(Jcomply with the d()Ctor's requirements. If there is no such work available the . emplOYee will remain. on sick leave. orwdrkers' compensation status until he has a full release to retum to work from his/her doctor. r----; City of Boynton Beach Personnel Policy Manual 35 Effective Date: 03/01/98 Revised Date: Q80602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 IV. BENEFtTS 04. Bonus Days This policy establishes a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from. injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. Accrual 1. All full. time City employees covered by thIspoUcy are eligible tereceive one bonus day for continuous attendance at we(\< attJ1ecompletion ofea<;h calendar quarter that the employee has. not usedsi<;~ti!T'E!{infludin9famjly~i~).~uHn9the. Pf~vious quarter, nor has been absent frOm work or on leave other thantliose paid leave categories recognized in this document. 2. Bonus days shalt be cOllnted as vacation leave and subject to the prOvision set forth for use of vacation. City of.Boynton Beach personnel Policy Manual 36 Effdve Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 W. BENEFlTS OS. Leave With Pay A.. Jury DutyjWitnesS fees All. pay granted under this section must be approved by the Qepartment Director. Leave. with pay may be authorized in order that regular employees m?lY serve . required jury duty or a subpoeqa issued by a court of law to appear as a .witness,on.Cdsesrele~ant to the City, provided that such leave is rePorted in advance to the.Department Director. In order for the employee to receive their reglllar pay for such. leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those days that coincide wi~ his/her. regular work schedule, unless otherwise provided by law. Employees can. keep only,.travel ex monies. Employees subpoenaed as witnesses in casesunrelatecl. to City bu~'ine~ vacation leave in order to receive pay. . B. ~i~I1:a&"'~Vel; .Ref~r to Adrhinistrative Policy 06/05/03 for fulldetCJils on, this policy. Reserve Training: All employees in the City service who. are members of the military re$erve units .and . who must attendanl"1ual training~ons' are. entitled to leave of absence with full pay~ TheCiW of 8oyntoni3t!ath. purslrlant 'to Rorida 5t;atute 115.07 - Officers and Employees Leaves Of AbSence. ror ReserVe! or ~uard. Training, grants up to seventeen (17) calendar ,days. with pay each year in order that such emplQYees may fulfill their military obligations; Fire department shift. personnel will. be granted. a maximum of nine (9) shift days. Active Duty: All employees who are reservists and are ordered to active military duty shall continue to. receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, indusive of their base military pay, to the level earned at the time they were called' to active military duty. C. Disability: Employees who are in a disability status will have their positions held for a maximum of six months from the date of injury or illness. If the employee cannot return at the end of the six months, they will be. placed on a re-employment list for a maximum of two years. If they are able to retum to work after they have been placed on are-employment Iist/ they may apply for a comparable position subject to availability, for which the employee meets the qualifications. If the employee fails to comply with any provisions required by the carrier handling the daim, they will waive their rights for reinstatement in their open position or any other position. D. Workers' Compensation: Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the royisions of the Worker's Com nsation Act, he/she shall be entitled to full r ular a . City of Boynton Beach 37 EffeCtive Date: 03101/98 personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 E. 37 38 39 40 41 42 43 44 45 If the period of. disability is greater than seven (7) calendar days, the employee will. be eligible to receiye a. sum .of money up to an amount equal to the difference between his/her worker's compensation check and his normal nettakehorne pay.Th.e injured employeewiUbeellgibleto receive the salary supplement fora period not to exceed three (3)months . from date of injury. At the end of the thr~ months, or sooner, the City ManagE!r, Department Head, and Human Resources Director will review the case for a determination of pay status. If continuation of the. salary' supplement is granted it can be at any rate determined equitable by the reviewing committee, but not to exceed an amount equal to. the net take home pay. In no case will the salary supplement be greater than six (6) months within an 18 month period commencing with the. date of injury or illness. After six (6) months of supplemental pay within an 18 month period, the injured employee may elect to receive accl1Jed sick leave and afterexhaust;ed, vacation leave, in accordance with his/her ~ularhourlv wage, to the extent .that. l1is/her combined sick leave or vacation leave, City supplement (if Is than the fullamoul1t authorized) and workers' compensation benefits E!qu~l his/her. r~ular weekly net take home salary. The employee must contact the payroll clerk to quality for the combined check. It is incumbent on the employee to make application for disability in accordance with the pension plan they are members of, or the insurance plan they are covered under. Failure to do this automatically. cancels the. additional aty 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 outtined above, whichever comes first. If an employee who is receiving Worker's Compensation payment along with City supplement,. sick Ot" vacation leave, is found to be working or receiving compensation for his/her services elsewhere, during this period, he/she will be subject to reimburse the City for all medical expenses and supplement sick or vacation pay taken and be subject to dismissal. Compassionate ~ve: In the event otthe death of the mother, father, child, foster parents, foster child, brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparents, grandchildren, mother-in-law, or father-in-law of a regular employee such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive work days for anyone death. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, five (5) consecutive work days shall be allowed. Employees must submit proctof death in order to be eligible for this article. The City Manager may grant additional leave under this section when he/she deems it appropriate. City of Boynton Beach Personnel Policy Manual 38 Effective Date: 03/01/98 Revised Date: 080602 1 IV.BENEFITS 2 06. L.ve Wlthout Pay 5 6 A regular employee may beo granted leave of absence without pay for a period not to exceed six month. disability ,or other. good andsufflcient reasons which are considered to be in th . .~ The QepartmentHeac:l may approye:up.tQ ,two, .. unpaid time. A r .. o weeks. unpaid leav~wi~uirSthe ia~proyal ity Manager. Em that arapprovecl' leave ofabse~c outP4Y wilt ~r$ or paying all theirbe~e ' t premi , e.g.., insurance, etc. '. . 8 9 10 11 12 13 14 15 16 17 18 19 Voluntary separation fro~ the Oty service in order to accept employment not with the City shall be considered as insuffic . . ason fo . app~o"al.. of a req'uest for leave of. a ce, without pay. If for any other reason,.; .,pf a ce: with. ... 'if I.i$: given, . .sl,J~ :J.~bsence may sutlsequentJybe withd' th fJl~'1ee. I~ toservice..,~He .: on leave of absence without pay ar~ to; . bl~, P .: S ()fthese 11.!1e$. The ~ no accrual of . sick leave, vaCation .I~ve ri. 'n91~i 'Ie a~hce wi~Out ~y . :,.!~g 30 days City of Boynton Beach Personnel Policy Manual 39 Effeetive Oate: 03101198 Revised Date: 080602 1 IV. BENEFn'S 2 3 07.. Family and Medical Leave Act 4 5 FamilyandMeQic~1 LeaVt:! Act (Fed~ral Government Family and Medical Leave. Act of 1993). The 6 full text and required forms forthis policy are.. in the Administrative Policy Manual 06.0$.01. 7 8 Employees of the City who have worked for the City for at least 12 months and have wOrked at 9 least 1250 hours during that time may be entitled toa totaL of 12 weeks of unpaid medical. leave 10 during. any 12 month period commencing .fr'omthefirstdate of the leave period when leave is 11 taken for one or more of the following: 12 . Birth ofachildofan employee and to care for the child 13 . The plact:!m~ntQf. a ChilQ With an employeefol"adQption or foster care. (Foster care 14 requires state action.) 15 . To carefClrthe spouse, child or parent of an employee, but not a parent "in-law", if the 16 family member has a serious conditiQn; or 17 . The employee is. unable. to perform the functions of the position, because of the 18 employee/sown serious healthconqition. 19 20 Employees who. are grantedFMlAleave are required. to use. all accrued paid leave, vacation, sick, 21 personal days ana compensatory time prior toFMlA leave without pay. Such accrued time shall 22 be indudedinthe tCltal of the maximum leave in the designated year. 23 24 The. City shall continueg.yup health plan coverage for emplOYees on FMLAleave for the duration 25 of the leave. An employee on FMLA leave shall pay any dependent coverage and other premiums 26 normally paid by the employee. . 27 City of Boynton Beach Personnel Policy Manual 40 Effective Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 ~ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 IV. BENEms 08.. Long4!vity Benefits The.. City providespenefit incentives to long-term employees, to give recognition for continuous and meritorious service. Longevity benefits are available within these guid~lines. .~ligibility EmplOYeeseligjbleare those employees who: a) hav~ beerl.emploYedwith.the..Cip{(>na regular .ruU-tjmeandcontinuous basis for a miO.imwrr qf!five (S),.years, b) hav~ an overall 'Meets Standards' or abOve rating 011 the previous employee evaluation, Benefit Employees. will r~eive a cash Lump Sum Bonus as follows: On the employees fifth (S") anniversary a lump sum paymentof $Soo.oo. On theemp!oyees tenth (10th). anniversary a.lump sum payment of $1,000.00. On the employees fifteenth (1stt') anniversary a lump sum paynient of$1,5oo.oo. On theemploYeestwent;ieth (20th) anniversary a lump sum payment of $2,000.00. On the employees twenty-fifth (2SU') anniverSary a lump sum payment of $2,500. On the employees thirtieth (30~ anniversary a lump sum payment of $3,000. On the employees thirty-fifth (35th) anniversary a lump sum. payment of $3,500. On the employees fortieth (40th) anniversary a lump sum payment of $4,.000. procedures 1. Any pay eamed for Longevity Benefits is subject to pension plan contribution and required federal deductions. 2. Each Department Director is responsible for projecting the number of employees eligible for Longevity Benefits in their department and budget accordingly for each fiscal year. City of Boynton Bead'l personnel Policy Manual 41 Effective Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 3. Benefits shall not be paid. beyond termination payouts. Employees who terminate from Otyemployment prior to their hire anniversary date will not be entitled to Section 6 benefits. DROPPlanPartic:ipants Participants in any of the Deferred Retirement Option Plans (DROP) are considered to have retired, do nOt add to the total years of service they had accrued upon entering the DROP plan, and are not eligible for a longevity bonus. City of Boynton Beadl Personnel POlicy Manual 42 Effective. Oate: 03101198 Revised Oate: 080602 1 2 3 4 5 6 7 8 IV. 8ENEms 09..... Retitem4!nt.8enefit 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. j.,.>::',:,.:<"."",;::.,:: ,',':...',i,::', :":...... ,"':;::.;" '.j yityof Boynton Beach Personnet Policy Manual 43 Effective Date: 03101/98 Revised Oa~: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 V. PROFESSIONAL DEVELOPMENT 01. In-service Training Any employee maybe-i:!cpol'ded leave with pay to ~ttend an authorized program, provided that sl~ch . training . .will.. considerably improve. theemployeets job knowledge and substantially increase his/her~fficiency . A. Leave is requested by the . employee'sdepartn1entheadand approve~. by the City Manager. Whensuchleavejsgranted, the Human Resources Direc:tor shall be promptly notified of the reason for such Je~ve, the course work to . be completed, and the probabledateoftheemployee's.retumto duty. B. Leave shall betor time req~ired~o complete the course. In no event shall any leave. be..approved or granted underth.iSn.JJe<exqept where there are adequate, unencumbered funds. available in the departmental budget Which are. sufficient to cover the cost of such training. c. In. the event the.. coursE! is r'ot successfully. completed, employees. granted leave under this rule. shall reimburse the Oty. for ... one-half. the cost of such training course. D. If the employee leaves the City service within one (1) full year after completion of such training, he/she shall reimburse the Oty for the total cost of such training course if the Oty Manager requires. City of Boynton Bead'l Personnel Policy Manual 44 Effective Date: 03101/98 Revised Date: 080602 ~ ,,"',"."e",,""""~""'''''''''~ 1 2 3 4 5 6 . Full tirn,eemployees. IfYho . have completed their one-year probation and who are not-union. 7 members areeligiqle to ~pply for tuition reimbursement. Part-time and temporary employees are 8 not er' o. receive tuition .assistance. Employees must maintain a minimum' rating of "meets 9 req\Ji 1,qr cpmparable rating in overall performance reviews in order to remain eligible for 10 tuition a tlce~ . 11 12 13 14 15 16 17 18 19 20 21 22 V.PROFESSIONAl.DEVEI..OPMENT 02. Tuition Assistance ,.. ..... :::..' ':; Bargaining Unit contra<;t articles covering. tuition reimbursement'.may or may not have the same benefits as this policy.' . . . . .' Employees. may rec~iv~ full details of the program and apply for reimbursement through the Professional' DevelOPliTlent Department. . Ernpl?y~sWhovoluntarily leave their employm~nt with tl)e CitY or are terminated ''for cause" will ~ 1"e91.1it~t?reimbUrsetheCity 1000/0()f tl1r tuiti()na~'~mcr..~e<:eivedduring the 12-month periocl'priortotheitterminationdateranq 500.(0..9f thetI;JitiOrlia~istance. received during the 24 monthperiocl.prior to their termination date. City of 6oynton6each Pel'$Onnel Policy Manual 45 Effective Date: 03101/98 Revised Date: 080602 ~"'. .~. ~...,,,,,.,",,,,,,,,._ ,..,.)\1 ,".. ...~ ~ ~ .., .. p,"""".~~~!'ir,:.,\llll& '.r _, ,.~~ oo,,,,~",,,,,,..,,,,,.y.,...,~.l.[1l.!,,'.,I.,.,.,~ ~~~,~ ....~,..i'JI' 1 2 VI. PROFESSIONAL DEVELOPMENT 3 4 02. Tuition Assistance 5 6 Full time employees whoha"e completed their one-year. probation and whO are not-union 7 memb7rsare eligible to apply for tuition. reimbursement. Part-time and temporary employees are 8 not eH~ibletoreceive tuitionassi$tance. Employees JTll.Jst mcain~ina minil'11url,rating of "meets 9 requirements" Or comparable rating .in overallperformancer~vie'Ns in order torem~ineligil:>le for 1 0 tuition assistance. . 11 12 aargainingUnit contract artidescovering tuition reimbursement mayor may not have the. same 13 benefits as this . policy. 14 15 Employees may receive full d~tails of the program and apply for reimbursement through the 16 Professional. Development Department. 17 18 Employ~who voluntarily leave their employment with the City or are terminated "for cause" will 1.9 be required to reimburse the City 100% of the tuition assistance received during the 12-month 20 period prior to their termination date, and 50%. of the tuition assistance received during the 24 21 month period prior to their termination date. 22 City of Boynton Bead'l Personnel Policy Manual 46 Effective Date: 03101/98 Revised Date: 04101102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 21 28 29 30 31 32 33 34 35 36 31 38 39 40 41 42 43 44 45 46 47 VI. DISCIPUNE 01. DisciplinaryActions ~~lii~\eoft;O~~iy~ss:~~mmitted to recruit, train, and retain, qualified employees who wiil The ,suC:ity govemmentih providing quality and efficient public services directly correlates with a e. employee conduct and performance. Employee behavi~r which is positive and supportive of thE! goals of effective municipal management is fully encourageP.. When an employee's conductor performance is inconsistent with the needs and goals of the City, disciplinary aaions. up to and including dismissal .can occur. Pl'09ressive discipline is. suggested when circumstances support its use. In proper ca~s, dismissal may immediately'occur. No employee shall. be disciplined or discharged without just cause.. 1. Counseling and written reprimands should be . utilized as an element to motivate empJoyees to choose behavior conducive to an indiVjdt;lal'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 neceS$ary. There is no "fixed formula" for discipline, management reserv~. the rignt 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. A number of factors should be considered in determining the appropriate level of discipline to .be taken at each successive. step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, . overall work.performance and teamwork. 4. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate disdplinary measure. 5. The .Ievel of misconduct may differ in individual cases from apparently similar incidents. The City retains the right to treat each occurrence on an indMdual basis without creating a precedent for situations which may arise in the future. This case- by-case method is designed to take indMdual 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. 6. 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. ~ City of Boynton aeach personnel Policy Manual 47 Effective Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Examples of Misconduct ThefoUo~i~g types of infractions, offenses, or misconduct shall represent employee noncompliance with. . rules, regulations, policies, practices or. procl3Ciures of the City or the Department, or. employee. wrongs or affE3pses which violate permissible behavio.r5 or are SPecifically prohibited bylaw. . The listed rep$Ons are for informational purposes only and are not meantto beexhaustive.Eachdi~iplinaryactipn shall be considered on a case-by-case basis. The following . are examples of violppons . whic~.. shall result in discipline. and the progressive discipline actions which may acc:ompa.nytheviolations: Misconduct 1. Conduct unbecoming ofa City empl9yee. Conduct unbecoming a City Employee means: Employee behavior .oractions on the part of the employee which hinder or jeopardize the successful operation of the aty, undermine teamwork and cooperation among City employees, or undermine the public confidence in the aty or its employees. 2. Violation or disregard of City's Safety policy .and Procedures including: a. careless -use of vehicle or equipment b.failure to use aU. safety restraints when. riding in or operating a aty vehicle; c. failure to wear and/or use prescribed unifonns or equipment. 3. Abuse of Human Resources policies including, but not limited to: a. abuse of sick leave privileges, sick leave pOlicy or excessive absenteeism b. failure to notify Department and/or Human Resources of current address and telephone number within ten (10) calendar days of change c. faiture to report any outside employment. 4. Abuse of departmental procedures and work rules including: a. failure to provide name and official .titleto any person requesting same when performing work related duties b. habitual extension of lunch periods or break period c. habitually . late for work without valid reason d. smoking. in prohibited areas e. .unauthorized solicitation, posting of material, or non-productive behavior. 5. Documented failure.. of .~... supervisor to perform duties required of superviSOry employees including recommending and/or taking disciplinary actions when necessary. &OIE This chart outlines the usual progression. for repeated. occurrences of misconduct. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. City of Boynton Beach Personnel Policy Manual 48 Effective Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 OFFENSE TYPE MISCONDUCT 1ST OCCURRENCE COUNSEUNG 2ND OCCURRENce WRITTEN REPRIMAND 3RD. OCCURRENCE SUSPENSION WITHOUT PAY OR DISt'1ISSA.!.. Serious Misconduct 1. Violqtion or disregard Of City's Safety policy and proced~resincli.Jdifl9: a. continuced. misl.lse of equipment or negligence resulting in injury to self, others, or damage to City equipmentgr property hq~plrypote~tiaIlY hazardous to Iife,qt Property unauthq,;;eci. use.. or IJnsafe operqtip~Of .City. property, equipment or vehicle. .. . . b. c. 2. Abuse ofHumanR.es()~rces policies including: a. threat~niqga co-wo.rker 01" supervisor b. useof'abusive la1"1guage to or-about an employee, co-worker, supervisor, o~ t:I'l~pul;>lic:: c. il'1sut:)Ofdi~~tion,meariingt:l'le failure. to recognize or accept the authority of a supervisor. 3. Abuse of departrTlental procedures and work rules including: a. sleeping on the job b. absent Without callingin to department within one hour of shift start time c. disrupting or hindering departmental operations d. failure to. work required overtime assignments, special hours, special shifts or unavailability during.. stand-by status e. outside employment which conflicts, interferes .. or otherwise hampers the performance of the employee in their City job 4. INEFFICIENCY OR INCOMPETENCE The. . ineffldency or in~petence in the performance of assigned duties may result in demotion, or disciplinary action up to and inejuding.. termination. Examples of poor perfOrmance shall include failure to: provide ~nsive, courteous, high quality customer service or repeated failure to suppOrt team goals, and contribute to team success. Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet Standards" evaluation (rating of lor 2) shall be given a follow-up evaluation within 60 days of the initial "Partially.standards" pI" "[)oeS Not Meet Standards" .evaluation. More than one overall rating of "Below Standards" may subject . the employee to demotion or City of Boynton Bead'l 49 Effective Oate: 03101/98 ?ersonrwM ?oIicyManual ReviSed Oate: 08Qeo2 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 disciplinary action> up to and including termination. It is the. responsibility of evef)' employee to perfol11'l at a minimum level of "Meets Standards", as outlined in the Incentive Pay System PoliCy'; The foHowingcrart; .OQt1ine~. the progressive discipline f~rthree. occurrences of serioQs misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE SERIOUS MISCONDUCT 1ST OCCURRENCE WRITTEN REPRIMAND OR SUSPENSION WITHOUT PAY 2ND OCCURRENCE SUSPENSION WITHOUT PAY OR DISMISSAL 3RD OCCURRENCE DISMISSAL 9 Extreme Misconduct 1. Violation or disregard.of City's Safety policy and procedures including: a. failure to report. an on-the-job injury or aCCident within 24 hours to immediate supervisor b. supervisor's failure to report an employee's on the job injury to Risk Management within 24 hours and/or completion of necessary documentation c. fighting on the Job .or engaging in any intentional act which may inflict bodily harm on anyone d. operating a .City vehiqe or equipment without a. proper and valid driver's license. e. failure to report the revocation or suspension of a driver's license when employment involves driving. 2. Abuse of Human ResourceS policies including, but not limited to: a. possession of. a firearm or concealed weapon. on City property or while performing official. City duties, without written . permission from Department Director (excluding law enforcement officers) b. gambting during work hours suspension or revocation of any required job-related licenses or certific:ations. c. refusal to sign a disciplinary form 3. . Abuse.of departmental procedures.and work rules.induding: a. unauthorized personal use of City equipment or funds b. cOl1ductingperSonal and/or private business on City time; improper use of City time for such activity City of Boynton Beach PerSonnel Policy Manual 50 Effective Date: 03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 i"'-''Wl]~~ ~.,~.,'t,.," ~, [~l. c. falsifying attendance records d. other department rules as communicated by director/supervisor. 4. Illegal, I,Jnethical or improper acts including: a. theft or removal of City property without proper autho.rizatibn b. falsifying emplqYn;lent application or concealing information during pre- employment screening or proce$5in~ soliciting pr ting n unauthorized fee or gift or failure to comply with Chapt~rt12,'cla, t~s, gi~ing ;" in[ ~i1ure: or refusal to fully cooperate or provide fun" . 'in '.'. In City initiated investigations po, u~ 'or ofillegalqrugs, alcohol or prescription medication which' i ,the ~,' '~'s .performance on the job; or any confirmed positiye, rug test , 'on, qr LIse of,alcohol while on duty; or reporting to work under the intl rce, 'Icphol ref\J~1 pl"! . ", te, if offered, in a "drug/alcohol rehabilitation program refu$Jl t' to a City required drug or alcohol test . pong to falsify a City-ordered drug test "s ,Sexual Hara~ent, policy through interaction with or'a,member of ' the public \ony (induding non-work related). r---' ' c. d. e. f. g. h. i. j. vi aop. cdn~jctlori\! k. The following chart outlin~t;h~prO$ressivedisdPIir\efor tWO inQdents of extreme misconduct. If misconduct or serious misconduct has occurred,previou~ly,therewill be faster progressive action. OFFENSE TYPE EXTREME UNLAWFUL MISCONDUcr 1ST OCCURRENCE OR SU?PENSION wtrHQUT PAY OR :PlSMlSsAL I.t<<:) OCCURRENCE OISMISSAL prt)Cedure for Disciplinary Action 1. When an immediate supervisor becomes aware of condusive evidence of the need for employee discipline, he/she. becomes responsible and shall investigate the circumstances of the misconduct, ;orlack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate. supervisor in order to establish appropriate records. Human Resources will be available to assist in such investigations. In cases. where investigations of. a more substantial nature are. required, the following types of administrative review shall be administered. City of Boynton Beacn personnel Policy Manual 51 Elfedive Date: 03101/98 Revised Dat$: 080602 =0 , _'I!'_'F~,!!", w "_~1il!~_~k,_'~7T,,",,Jl<J'\~"M"_'~"'l'h~_~ .<"" " ,y,___!r~~"",. .~'": ':'~ "1"".."""""".~. ~...l ,II!~ ~ .~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 a. Aril'Tlini~~ti\JE' R~Vil7w' Investigations of non-criminal yiolations conducted intheabsen~e qf immediate or conclusiveevi(j~nceinvolving any City emploYee, with the exception of Police. D~partmentemployees. . These investigations shaH be conducted by theOepartm~nt Director and Human Resources, who shall. obtain . all sufficient information, including documentation and/or sworn statements,inorder>to determine the n~~ity or level of disciplinary action. Human ResourcesshaUassurne r~$porsjbility for acquiring any necessary.swomstatements. Administrative investigations shall be conducted expeditiously.. b. Gri""ipel Jnyesti~'3tion'i' Investigations conqucted'1hencriminal violations are.reportedly.committed by any employee.of the City. These investigations shall be conducted by the Ponce Department, in. collaboration with the Department Director of the involved emploYE!e' 2. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date. 3. 1'he.irnmediate supervisor may initiate a three day or less suspension with pay to afford a supervisor the opportunity to investigate. an alleged incident or misconduct in the absence of the employee. Suspensions of more than three days require the approval of the Human Resources Qirector.1'his practice may also be used in the event that alleged misconduct is severe but unproven. 1'he immediate supervisor shall immediately notify the Department Director and HumarlResources after the suspension is issued, so that the matter can be inve$tigated at once. 4. A recommendation .for dlsciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall.not be construed as disciplinary in nature. A document confirming a favorable.determination as to the matter should be made a part. of the employee's record. Types of Disciplinary Action: A. COnnCAI'...1 . - Consists of the immediate supervisor warning the employee to correct. or improve performance, work habits,. or behavior, and counseling the employee. on' improvements expected. Counseling ...serves. as. a warning against further repetition of employee behavior. Future violations will result in discipline up to andinduding termination. A Counseling Memorandum should be.completed by the immediate supervisor. 1'he employee shall be required to sign the form signifying that he/she has read and discussed. the contents with the supervisor. Th~ CounseliOQ M@morandum c;hqll b@. forward@d to. Human R@sourr~s .Eor. City of Boynton Beach 52 Effective Date: 03101/98 Personl'lelPOIicy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1. 36 37 38 39 2. 40 41 42 43 3. 44 retenti~n in the employee's records, with a copy provided to the employee. The : su~rvlsor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for indusion in the record. ,.. ',' "-'" ,.' .. ..', ",' -,' ," ", .,.....,..._"....,.'.. ..... .. .. .. B. pervisor issuing a written its, or behavior. A written. inddeot(s) of misconduct, i~h require. improvemetlt;" nich the employee must fi,!tureviolations will result. tibh. . . · Written reprimand!; shall be si forwarded to Human, Resourc : (retention 'COpy,p~ovided to",theemployee.Employeesma the record.' .,', .. " ," ., '." o acknowledge receipt and, rnployee's ~C)rds, with a mit comments for inclusion. in The employee may be required to complete a written plan for correction of the bef:1avior. When the written reprimand contains a time frame for employee improvement, a' follow-up discussion at the end, of the designated time period should be ,conducted. This follow-up dlscussioniwill: Ji>rovide a specific opportunity to review the employee'S improvement rel~tivE!: to · the discipline. Written reprimands should be reflected on th~ ~mployeejs' ~rfOrmance evaluation along with any noted improvements. .:' Suspension Without. Pay - Consists. of an.en"lPloY~. being. prohibited from retlirnin9 to :work until the> specified peq<?dof. Sqspeosion has passed or the forf~iture of vacation time, .if agreed to by the en1pl~~ee. ' D. Suspensions without pay shaUbe.'useclwhen.aneM~loYeeisremOVed from the job due to extreme misconduct or unlawful behavior,!Qr~hen instances of progressive discipline support asuspens!on without pay fora~~ifief:J period of time. Any time an employee is suspended for discipline, the suspetl~ionshall be without pay. With the Written ..a-.athorization of the DepartJnentDirec;tor .and Human Resources , immediate supervisors have the . authority to . issue a sus~n$ion without pay for three working. days or less. Suspensions without pay beyond three working days require prior concurrence by Human Resources, review by the City Attomey'sOffice and auth.orizati.on by the City Manager's Office. Employees being suspended without. pay shall be notified in writing by the immediate supervisor. The written notification shall consist of. the reason for the action and. the City of BoyrttonBeactl Personnel Policy Manual 53 Effective Oate: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 F42 43 44 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 termina.tion. 4. Employees. may. submit comments . fOr . inclusion in the record.. vyritten . notification of a susp~:msion shan >be.iSignedbyth~suspendedemploYeeacknowle<.i9iIJ9. receipt of the written.. notification"andfol'wardedtoHurpanResolJrces JorincllJsion in . the employee's records, .. with Ct. cOpy. provide<.i to the employee., the Department Dire<;;tor,. and one to the Finance Department for payroll purposes. - E. DerTlotions~Jn t.h~~qntextdfthi~pplicy, demotion consists. of an employee being involunt8rilyremovedfrpmhigher J~yelqlassification toalower level classification, with a resultin9 decrea~insalary. Altmou9~ not limited to suctlinstances,.demotions may occur in .. some cases. becaUse of an inapillty .to fulfill the duties. of the . higher level job in a satiSfactory. manner; or ,~~iIlJre ta.c:pmAly with employment conditions, such as licensure or certi~catiorh In addition, propatip~ary' emplOYees shall be subject to demotion without theCitybeingreqlJi~tl!) state)l;re~~n. The probationary employee shall not have access toanyappealprQ<:esswith r~ardi to the demotion. ImrT1edi.atesupervisorsShould discuss .the potential dernotionof an employee with their chain of command and the Hymap Resourc;es Depa~ent prior to a written recommendation. for demotion.. The .~partment Director shall then submit the written recqmmel'ldation . to the City Manage~through Human . Resqurces. Demotions require concurrence from HUma['l Resourc~v reView by the CJtyAttomey's Office and authorization frorhtheCily Manager prior to beingi effected. Written notification of demotions shall 'be provided to the employee by the Department Director. Such notices shallincludethe'final dec:ision, the reason(s) for the decision, the employee's. new c1.assification titjel tl]le ~.1M. pay range. and pay rate,. and the effective date of the demotion. Written. notificatiQl'1$. ~all. also indude that. future violations will result in further disciplinary actions up to and in~uding termination of .empioyment. , All documentation ota. demotionshal~ be retained in the employee'S file in the Human Resources Oepartment.A copy of.the rritten notification of demotion shall be forwarded to Finandal Management for payroll purposes. Employees may request a. demotion! to a lower level c1.assification voluntarily. Such demotion $hall not be punitive. Emplpyees may submit comments for inclusion in the record. .. Written . notification of .a .demo~on shall be signed by the. employee acknowledging receipt of the written notification, and!forwarded to Human Resources for inclusion in the employee's records. Dismissal- Dismissal is..a result of. an emlployee's involuntary termination which severs the employment relationship. Atsuchtim~. all. employee benefttscease, except as otherwise provided by law. City of Boynton Beach Personnel Policy Manual 54 Effective Oate: 03101/98 ReVised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 '37 38 39 40 41 42 43 44 Immediate supervisors shall supply' thorough' dbcumentation ' and discuss recommendations for an employee's dismissal, with their chain of command' and Human R~$Ources. Upon r~eiving a,written r,ecommendation frpmthe s!Jpervisor, the Department Ot ,or shall sl:ibmlt.the ,documentatipn t urces.' .' Is shall be effected , . ' '.the concurrence of liumanRe ewbyfhitofne~ls Office and' authonzation, by the City Manager. ' , A written notice of recommended termination shall be given to the employee in person, However, after two unsuccessful attempts to ideliver the notification, then the notice shall be sent via U.S. mail to the most recent ;?~dress on record; in th~, Hum~n Resources file. The r~ommendation shall indude the folloWiBg infon:nation: ' " 1. TheUl1derlying reasons for the recommen~E!d termination. I ' , .r .,' 2. Documentation upon which the'/()~p~rtm~nt !pl~or relied iMformulating said recommendation. 3. An explanatiOhOf his/her rights to request a Predeterminatjon Hearing prior to termination taking effec:tand,the fact that the decision of tI1e City Manager shall be final. Thedismissal~ommendationand the City Managel"sfinaldecision shall be placed in the employ~'sHuman Resources file, and acopys~allbe forwarded tQ the employee and hiS/her [)epartment Director. Employees may submit comments forindusion in their Human . Resources file. probcltior)arY7mploy~WhO have hot successfully completed the established probationary period shall be subject to dismissal 'WitMout cause,. after review by Human Resources. At the time .of dismissal, employees are. required to surrender to their Department Director or desigmee, allOtypropertY whiCh may be ,in their possession or custody and all other conditions for termination must be complied with prior to issuance of fi"alcheck. Right to Predeterminatjon Hearing Prior to the effective date of any suspehsion withOut pay, or a termination, the City shall conduct.a. predetern'lination ;hearing. The predetermination hearing shall be conducted by the Human..ResourcesDirector and the City Manager's designee The employee shall be provided with reasonable notice of the predeterminati()n hearing date and of the char~e$ which are . the grounds Jor the disciplinary action. The employee may be accompanied and .a~isted .at the predetermination hearing by a representative; or his or her choice. Prior to or at the inception of the hearing the City shandisclose~r 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. th.e predetermination hearing City of BoyntorrBeach 55 Effective Date: 03101/98 Personnel Policy Manual Revi$ed Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 , . h,,,,.>; and. any further inv~gationinto. issues. raised by the employee in defense or mitigation of the charges, the Human Resources Qirector and the City Mana~er'sdE:!signeeshallsustain,>reverse, or modify the (jisciplinary action and . give the employee written notice of their action and at the same time establish the suspension or termination date(s) if appropriate. EmplQyeeAppeals 1. Probationary employees shall not have the right to appeal any type of disciplinary action. 2. Regular employees may respond to discipline. actions of counseling, written reprimand and suspensions with or without pay, of less than our (4) workdays, or demotions, 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 employees request for review. The Human Resources Director's disposition is final and not subject to further review. 3. Regular employees have the right to binding arbitration of. any suspensions without pay of, five days or greater, or dismissals by requesting binding arbitration within ten (10) business days of the employee's receipt of formal notification of recommended suspension or dismissal. 4. The City and the employee may waive the selection process by mutually agreeing to the appointment of an .arbitrator. If there is no waiver the City shall request a panel of five arbitrators from the American Arbitration Association or the Federal Mediation and Reconciliation Association within ten (10) days of a request for arbitration. The City and the employee shall altemately strike one name, until one name remains and that individual shall be designated as the arbitrator. 5. The arbitration $hall be scheduled within forty-five (45) days of the date of appointment of the arbitrator. COntinuances shall not be granted except for good cause and in any event, not more than. one continuance shall be granted to either the employee or the City. 6. The decision of the arbitrator shall be made within twenty (20) days following the close of the arbitration or. submission of. written briefs, whichever .occurs last. 7. The decision of the arbitrator is binding and final. 8. The arbitrator may not modify the discipline but shall either sustain or reverse the discipline. City of Boynton Beach Personnel Polley Manual 56 Effective Oate: 03101/98 Revised Date: 080602 1 9. 2 3 The arbiP"ator's <;harges,including fees and costs shall be divided and paid equally by the parties to the a.rbitration. Each party. shall be responsible for their own attorney fees, if any. City of Boynton Beach Personnel Policy Manual 57 EffediveDate: 03101198 ReVised Date: 080602 1 VI. DlSCIPUNE 2 3 02. Formal Grievances 4 5 The. <:ity ~ha.U .striye. tllan~<:ipateand avoid occurrence ,of valid complaints or. grievances, and to 6 dealpromptlywithianywhich may arise' .. E)(ceptwhEarethere is.an acceptable reason for not doing 7 so, all matters of thisn~ture will be handled and transmitted through supervisors in the following 8 order, according to the department's chain of command: 9 10 Immediate.. Supervisor 11 Dep~rtment Director 12 Human Resources Directoror his/her designee 13 14 The primary purpose of this grievance procedure is to determine What is right rather than who is 15 right. Free discussion ~tween employees and supervisors will lead to better understanding by 16 both practices, policies. and proc~ures which affect employees. Discussion will serve to identify 17 and help eliminate conqitions thatmay cause misunderstandings and, grievances. This purpose is 18 defeated if a spirit ot.!:or'lflictenters .into ithe consideration of a grievance. Supervisors and 19 employees alike must ~ogni~e the trueplJrpose of the grievance procedure if it is to be of value 20 in promoting the. well-~ingofthe aty. 21 22 Director shall establish rules. fOftl'te processing of grievances. Rules may be amended from time 23 to 'time, but should hav~ ~s their obj~vethe prompt and efficient disposition of a grievance. 24 Grievances are to be initiated by employee within ten (10) days of the event giving rise to the 25 grievance, or the grievan(:e is waived. Once initiated the time sequence for review and response 26 to .the employee shoQld .. not exceed twenty (20) working days. The decision of the Human 27 Resources Director regarding disposition of the grievance is binding and not subject to further 28 review. 29 30 City of Boynton Beach Personnel POlicy Manual 58 effective Date: 03101'98 Revised Date: 080602 1 VII. ..RE$IG"A1l0N lTER.MINATlON 2 3 01. Resignation/Termination 4 5 A.nY~rnRIQy~~i~mip9.~()I~~~~<.~<:it:y..P9Siti9rrjn9~stc!n~i?9'....rTlust..ftl~.. with his/her Qepar'tment 6h~i:\d,~t,l~a~~o.V'lee~~f()r~J~~ving,a ..writl:~1"I re$i9ni:\ti9r\....~tingtf1e. datetfieresignatjon .,.i5 7 to be effective i:\ndtherei:\son for leaving. . . 8 9 Departrl1ent ,tteads shall.. .forward the. notice . ,of fesi$Jl"lation . and . a.completed. pel"SOnnel 1.0 Authorization formto the Human Resources Director imlTlediately upon receiving there5ignation. 11 12 Unauthori;zed absence from work (failure to meet tneasSignecischedule and/or failure to notify 13 the department as reqljirecl)fqr i:\ period of three (3) consecutive. working. days may be 14 conside~ by the CIty as.a r~igna~()n. 15 16 Termination Pay 17 18 There is no termination or seve~nce.pay/. except payment for actumulated sick and vacation time 19 as otherwise provided herein. 20 21 Some individual letters of appointment may indude termination pay provisions. 22 City of Boynton Beach Per$Ol'lnel Policy Manual 59 Effeet\VeOate: 03101/98 Revised Date: 080602 1 VII. RESIGNAttON !TERMINA1l0N 2 3 O.2.Lay-Off 4 5 The City Manager maylayoffanvsegularernploYee 'Nhenever such action is made necessary by 6 reason of shortage of wOrl<.?r funds, theaboHshmentofaposition or..becau~ofchanges. in 7 organization; however, .no regular employee .shall be . laid off while there are tern porq ry; or 8 probatio~ary employees sel"Vipg jn the~me positiorr for which the regular employee is eligible 9 and.available. 10 11 Whenever the layoff of one .or moreemploy~sshallbeComenecessary the CitYManage~ shall 12 notify the Human Resources Pi rector, at least ten (10) days in advance of the intended action and 13 the reasons therefore. 14 15 The Human Resource Director shall fumishthe aty Manager with the names of the employees to 16 be laid off in the order in which such layoff shaUocaur. The order of layoff shall. be in reverse 17 order of total continuous time served. 18 19 Temporary and probationary employees shall be laid off, in that order prior to layoff of regular 20 employees. 21 22 City of Boynton BeaCh Personnel Policy Manual 60 Effective Date: 03101/98 ReVised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISMISSAL shall mean the discharge of an employee from his/her or her position with the City. 47 . The terms terminatiOn and dismissal are interchangeable. VIII. APPENDIX DEFINmONS The .following words and terms shall have the meaning indicated unless the context clearly indicates otherwise: ADMINl~ I AA11VE REVIEW means review of a minor Human Resources action by the Human Re~urces .Director. Minor Human Resources action includes verbal counselingf written counseling m~01os, '~eprimQnds, suspensions with pay, demotions, and suspension without pay of less than fivei (5) d~ys. . , . ALLOCATE! shall mean the act of assigning each, position to its proper class. ANNIVERSARY DATE shall mean an employee's date of hire or re-hire, whichever is later. APPEAL shall mean a request for binding arbitration. ARB~,.OR shall mean a neutral inqividual appointed using the procedure set forth in these policieS. ' BINDING ARBITRATION shall mean a process that ends with a decision of the arbitl'ator which is final and'binding on the employee,. management and the City Commission. CERTIFY shall mean the act of the Human Resources Director in supplying a department head with the names of applicants who are eligible for appointmentto a position. CLASS shall mean a position or group of positions having similar duties and responsibilities, requiring similar qualifications, which can be properly designated bya title indicative of the nature of work and which cany the same range. COMPENSATORY TIME shall mean time taken off in lieu of overtime pay for hours worked in excess of the maximum for the (non-exempt) employee's work period as set forth in the FLSA. CONTINUOUS SERVICE shall mean employment which is uninterrupted. CONTRACT eMPLOYEE shall mean an employee under an individual employment contract or a collectiVe bargaining agreement DEMOTION shall mean the assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. DEPARTMENT shall mean operating Department, unless specifically referred to as Human Resources. Department. City of Boynton Beach Personnel policy Manual 61 Effective Date: 03101/98 Revised Date: 080602 1 2 EUGIBLE shall mean a person Ii~ed on the active employment list. 3 4 EMPLOYM.ENT UST. shall mean a list of persons who have been found qualified .for appointment 5 to a.position.in a particular class. 6 7 EEOC shall rneanthe .Equal..Employment.Opportunity. Commission. 8 9 EXAMINATION. shall mean.any selection instrument used to measure. the relative. knowledge, 10 skills, .. and abilities. for. candidates competing for positions which may include evaluations of 11 training and experience,. performance tests, oral interview, written tests, evaluations of 12 performance appraisals, etc. 13 14 FUl.L-TIME.EMPLOYEE shall mean an.employee who is scheduled to work a minimum of 36 hours 15 per week. 16 17 GRIEVANCE shall mean formal notice of dissatisfaction by an employee with permanent status 18 who feels they have been unjustly treated in cases involving employment conditions. 19 20 JOB TITLE shall mean. a definite descriptive designation for a job dassification. 21 22 LAYOFF shall mean the dismissal from employment because of shortage of work or funds, or 23 because of changes in the organization. 24 25 NON..cONTRACT EMPLOYEE means any employee who is not employed under an individual 26 employment contract or covered by a collective bargaining agreement. 27 28 OVERTIME PAY shall mean pay for overtime worked in excess of employees normal work week. 29 30 PAY RANGE shall. mean a salary range established by the aty Commission with a minimum and 31 maximum base salary. 32 33 PART..TIME EMPLOYEE shall mean an employee who is scheduled to work less than 36 hours per 34 week. 35 36 POSmON . shall mean a group of duties assigned to one person or job. 37 38 PROBATIONARY EMPLOYEES shall mean any employee who is serving in a new position either by 39 appointment, promotion, demotion, or reclassification, and has been advised, in writing, that 40 he/she has successfully completed his/her probationary period. 41 42 PROBATIONARY PERIOD shaH mean a period of twelve (12) months. An employee who fails to 43 meet $tandal'dsduring the probationary period is subject to discharg.e, demotion, or suspension 44 without warning or statement of cause. 45 46 PROMOTION shall mean the assignment of an employee to a. position in a higher class having a 47 higher maximum salary than the. position from which assignment is made. 48 City of Boynton Beach Personnel POlicy Manual 62 Effective Date: 03101/98 Revised Date: 080602 1 REc;l,JLAR EMPLO,(~EShallmean an employee .whohas achieved permanent status. after 2 completingaprobationaryp~rj&:l. . 3 4 SUSPENSION shall mean the separation with or without pay of an employee fora period of time. 5 6 ~MPOR..A.R,,(EMP~RYER $rallrr~ap. an emplOYee.. hOlding.a ..po$It:i6n.. other than regular full-time or 7 part-time,Forasp~iti~dperio.Qoftim~,. 8 9 ~t4PORAR'(POSrnONshalr m~anallpositions . that are . not designated regular. 10 11 1"Et{MXNA'J"XQN~h~ltI"OEeal1ttleqi~harge of an employee from his or herp<>Sition with the City . 12 Th~termstel"TTlil1latiOI'land dismis~lare interchclOgeabl.e. .. 13 14 UNION.EMPl,.OVee<$hall mean an. emploYee within a certiti.ed bargaining unit and covered by a 15 coUe<:tive bargaining agreement. 16 17 VACANCf shall mean a position existing or newly created, which is not occupied. 18 19 20 21 22 City of Boynton Beach Personnel Policy Manual 63 Effective Date: 03101/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 INDEX ADA, 12 Administrative Review, 52, 61 Americans with Disabilities Act, 12 Anniversary Date, 61 Appeal, 61 Application for Employment, 15 Arbitrator, 56, 61, 16, 3, 63 Benefit Information, 21 Binding Arbitration, 56, 61 Bonus Days, 35 Bonus Awards, 29 Callback, 25 Certify, 61, 3, 4, 14, 23 City Manager, 4 City Manager Incentive Program, 30 Class, 61. C(j)mp~5sionate Leave, 37 Pay Plan, 23 Gqmpensatory Time, 26, 61 Continw()us Service, 61 ~ontra~ Employee, 3, 14, 23, 61 Counseling, 52 QQunseling Memorandum, 52 Criminal'Investigation, 52 Oem tion, 54, 61 t)e '. tions, 27 gep , ,ent, 61 , ' ~lity, 36 :Ii"ary Action, 11,47, 51 ....1, 49, 50, 51, 54, 61 . . ::Plan Participants, 42 lD,rug ~nd Alcohol, 11 ~p, 11 e .~ 62 ~. , ',\Je Date of Polices, 13 ~, lole, 62 qm~tg~ncy Contact, 21 S",plQvee Appeals, 56 E1mli>'~vee Assistance Program, 11 ~mpl~yee Files, 21 em~1 yee Technical Certification, 46 ElT1p y~ Types, 14 6mp yrnent, 6, 15 ,~h't~. ' ent Ust, 62 a~ '':' ,ent of Relatives 19 dltY6fl~ton Beach Re~~el Policy Manual 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 64 Employment Opportunity, 15 Equal Employment Opportunity, 6 Examination, 62 Extreme Misconduct, 50 Fair Labor Standards Act, 26 Family and Medical Leave, 40 Finance Department, 18, 36 Florida Public Records Law, 21 Full-Time Employee, 62, Grievance, 62 Grievances, 58 Harassment, .7, 51 Holiday, 33 Holidays, 31 Hours of Work, 20 Human Resources Director, 4 Immediate Family, 11, 19 Incentive, 30 Incentive Pay System, 28, 50 Job Title, 62 Jury Duty, 36 Layoff, 62 Lay-off, 60 Leave With Pay, 36 Leave wIthout Pay, 8, 39 Lett~r.ofAPpointment" 14 Long ity, 41 Lo.rn ,itySenefits, 41 M '. " Information, 21, 17 , ' " Leave, 36 Mi,n~~d, 47, 48, SO, 51, 53 Non+Con~ct Employee, 14,62 On<aU, ,25 o .'r9l1ment, 13 Om 'po Program, 18 ~ ~I 24, 62 ,e ,Employee, 62 S~, 17, 54, 62 ~1 Administration, 4 tl, Information, 21 ~ 62 , . ination Hearing, 55 ,45 ary Employees, 56, 62 'na. Period 22 28 55 62 Effective Date: 03101/98 Revisecl Date: 080602 1 2 3 4 -5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Professional Development, 44, 45 Promotion, 62 Public Records Law, 21 Recruitment and Selection, 15 R~ular Employee,. 56,p3 Resign I 59 Restrl .. Leave, 34 ,e Workplace, 10 36 pensation,36 mand, 49, 50, 53 ies, 32, 34 City of Boynton Beach persortnel Policy Manual 65 Effective Date: 03101198 Revised qate: 080602