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Minutes 12-30-97 MINUTES OF THE CITY COMMISSION WORKSHOP MEETING HELD IN CONFERENCE ROOM "C", WEST WING, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 30, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb, Vice Mayor Matt Bradley, Commissioner Shirley Jaskiewicz, Commissioner Henderson Tillman, Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk Arthur Lee, Asst. Human Resources Director Joe Sciortino, Golf Course Director Wilfred Hawkins, Asst. to the City Manager CALL TO ORDER Mayor Taylor called the meeting to order at 6:37 p.m., for the purpose of reviewing the new policy manual and the Labor Management Committee's suggestions. Mayor Taylor reminded the Commissioners that the City Attomey and the Labor Management Committee discussed this policy at length. They are in accord with everything except the five items that are outlined in Memorandum #97-02 dated December 2, 1997 from the Labor Management Committee to the City Commission through City Manager Willis. Mayor Taylor requested that this meeting focus on those five items. Attomey Cherof explained that the first issue deals with the breakdown of types of employees. Initially, the types of employees were broken down into two categories - contract and non- contract employees. There are two subcategories under contract employees. They are individuals that have individual employment or appointment contracts or employees covered by collective bargaining agreements. It was proposed that the specific list of employees described on Page 7 of the document would be specifically listed as contract employees requiring individual contracts of employment or appointment. The Committee had different feelings with respect to how this should be broken down. In addition, they had a comment with respect to division head positions. Arthur Lee, Assistant Director of Human Resources, thanked the CommiSsion for the opportunity to work with the City Attorney on this policy. The Committee and the City Attorney were able to reach agreement on approximately 90% of the document. However, a minimal number of the language items remain. In addition, Memorandum #97-02 lists five points where the Committee did not agree with the City Attorney. Issue #1 - Categories of Employees and their Designations Mr. Lee said that when the Committee first addressed the policy, there were only two categories - contract and non-contract employees. The contract employees were inclusive of employees from department heads down to division heads. One of the concerns of the Committee was that the position of division head is where the operational/functional part of the department begins. By going to this level of the organization, the Committee felt the stability of the department would be impacted. Another concern was the desire to differentiate between the different kinds of employees. MEETING MINUTES CITY COM MISSION WORKSHOP BOYNTON BEACH, FLORIDA DECEMBER 30, 1997 To better clarify all groups, definitions are needed. Therefore, the two categories were broken into four categories that include: · · individual contract managerial (department heads, their deputies and/or assistants -- not division heads); · individual contract specialized (non-traditional specialized specific task employees such as Neighborhood Affairs Specialist, Citizen Action TeChnician and consultants hired for specific jobs); · union contract (all employees covered under a bargaining unit agreement); and · non-union employees (employees not in the first three categories such as clerical and mid- level management). With respect to the first category, the Committee is aware of the City Manager's proposed reorganization that may include some of these positions. It might be necessary to look at the entire organizational structure to determine whether or not the positions should be included. One of the Committee's concerns is relative to how this new policy will apply to the union contract employees. At this point, although the union employees are subject to bargaining agreements, they are also subject to civil service. In addition, it is unclear where the non-union employee's category is going because it is antiCipated that two new union groups will be coming. into the City. Attorney Cherof advised that the list of employees by title that was included on Page 7 was developed during a meeting with City Manager Willis, and Assistant to the City Manager Wilfred Hawkins. Each position was reviewed to determine whether the activity should be directly accountable through contract with the City Manager and City Commission. The Committee's concept of breaking down the categories of contract employee to contract managerial and contract specialized was considered. However, it was determined that this would be a distinction with no difference. The form of the contract may be slightly different for a department head as opposed to a specialized position, but there is no need to have a separate specific category within the policy manual. Attorney Cherof referred to Chapter 1, Section 2 where it explains that these policies will apply to all non-contract employees. The policies will apply to union employees only when they are incorporated in the union employees' bargaining agreement and have been ratified by the City Commission and the bargaining unit. These policies apply to employees with individual contracts only if incorporated by reference in the employee's contract. Therefore, there is no need for the Commission to discuss union contracts. This POlicy will be addressed with the bargaining units when the agreements come up for renewal. It is hoped that in the future, the union contracts will have no reference to civil service. Those contracts will either include all of the provisions in the personnel policy manual, or they will include certain chapters of that policy. Mr. Sciortino said the Committee's concept between the contract managerial and the specialized task was that someone looking for a tong-term career would be looking at contract managerial positions. These would be positions such as Fire Chief, Police Chief, Golf Director, etc. The specialized tasks are for limited periods of time. The Committee felt there should be a distinction between those positions. The Committee realizes that the City Manager and the department heads are part of the group effort to reorganize the City, and therefore, would feel 2 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA DECEMBER 30, 1997 more comfortable knowing those employees the Commission wants as contract employees instead of trying to specify a position. The Committee would rather see language about how the Commission defines who should be a contract employee City Manager Willis does not feel the two distinctions are necessary. In addition, as we work toward more team-oriented management techniques and the levels of authority are pushed lower into the organization, it should not matter whether a person is a contract managerial employee versus a day-to-day operations employee. The distinction should become less noticeable within a team-oriented management structure. Letters of Intent that simply state the terms and conditions of employment will probably be more appropriate than contracts. Attomey Cherof felt the task was to do more than rewrite the Civil Service Rules. He felt the desire of the Commission was to move away from civil service. The specific designated positions as contract employees accomplishes that. It is a significant move away from the old process. Attorney Cherof opposes defining the philosophy of the positions because that involves discussion. This document is subject to amendment by Ordinance. Some positions may come off the list and others may be added to the list. Mr. Hawkins pointed out that this document will always change, and the list will change as the organization continues to change. Mayor Taylor remarked that the Committee's desire for more specific categories added confusion for him. With respect to career-minded individuals looking for positions with the City, the person coming in will know that his/her future is the contract. Commissioner Tillman feels that as the document begins to "live and breathe", we will see the longevity of the job and the specifics of the job. He has no problem with contract employees and breaking that category down into a specific level. However, as time goes on, we may see some of those positions change. Commissioner Bradley was of the opinion that the division heads should be removed from the list. However, Mayor Taylor felt division heads are a high part of management. Mr. Lee agreed that division heads are management level and are responsible for their individual budgets for their divisions. However, they are also responsible for passing on to their employees directions that come from the top. City Manager Willis pointed out that not including division heads would eliminate middle managers from direct accountability. She opposes that because we are all part of the team and the distinction between upper and middle management must be removed. This is the goal she is working toward. Dee Zibelli pointed out that Commissions change, and they have a tremendous influence. Although the Commission cannot interfere, one must remember that the City Manager works at the pleasure of the Commission. Commissioner Tillman is a contract employee for the School Board. Although there have been many changes in School Board Superintendents, he has continued to work under that contract 3 MEETING MINUTES CITY COM MISSION WORKSHOP BOYNTON BEACH, FLORIDA DECEMBER 30, 1997 that relies on job performance. When an employee is hired, the bottom line is job performance. As long as the employee is performing his/her job, this policy cannot be hurtful. We need to have an organizational procedure in place to protect the City. Mayor Taylor supports the proposal contained in the policy document. Jaskiewicz also supports the list of specific titles. Commissioner Vice Mayor Titcomb recommended that we add a definition or philosophy relative to how these contract employees are defined so that in the future, CommissiOns will have a guideline to either add or remove from the list. He agrees that it is important to identify a list of positions so that it will not be based entirely on philosophy. City Manager Willis advised that this is spelled out, and we are currently in the process of determining the category the proposed new union employees will fit into. Under State law, our classification includes managerial and those people who would have influence on the budget, and confidential or administrative employees. Vice Mayor Titcomb suggested that that definition appear at the head of this document so that no one has to review the Florida Statutes for a definition. Attomey Cherof recommended including Item "D" in Chapter 4 which states, "Positions appropriate for inclusion as contract employees are..." with the definition from the Statute carried over for managerial employees. ConsensUs There was a consensus of the Commission to move forward with City Attomey Cherof's recommendation. Commissioner Bradley realizes that the Commission is under time constraints with this issue, but pointed out that many employees have concerns about the reorganization. City Manager Willis advised that the reorganization would be presented at the January 20th City Commission meeting. Mayor Taylor reminded Commissioner Bradley that the Commission would have the option of adding or subtracting from the list. · Issue #2 - Callback and Issue #3 - Compensatory Time Mr. Lee explained that there has been a philosophy within the City that if one group of employees is given a benefit or incentive, all employees should have that same benefit or incentive. The one-hour callback is inconsistent with what most of the collective bargaining units have in their contracts. They have two-hour callback. Our Civil Service Rules have one hour. For consistency, the Committee recommends changing this to two-hour callback. 4 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA DECEMBER 30, 1997 Attomey Cherof agrees there is an inconsistency; however, he is hopeful this item will be reduced to one-hour callback during future negotiations for the bargaining units. With regard to the issue of compensatory time, the Committee feels that if the Fair Labor Standards Act language is used, the employee must be granted the time within a reasonable period of time. However, this reasonable time varies from administration to administration. The collective bargaining units have a specific period of time for payment of compensatory time. The Committee would like to adopt that language for consistency throughout the City. City Manager Willis does not have a problem with that request because it forces the managers to monitor the usage of compensatory time, and it forces the City to pay as opposed to accumulating unfunded liability. Consensus There was a consensus of the Commission to define "reasonable time" as 30 days. Mr. Sciortino referred back to Item #2, "Callback". He feels the employees should be paid for two hours from 8:00 a.m. to midnight, and three hours from midnight until 8:00 a.m. This is the rate the IBF&O employees are currently receiving. The general employees receive only one hour. Mayor Taylor pointed out that the employee immediately receives one hour of pay when he/she is called plus the time spent on the job. City Manager Willis felt this is a collective bargaining issue and not a policy issue. These types of issues will be presented at the collective bargaining table where the discussion is appropriate. Attorney Cherof advised that on the issue of Compensatory Time, the question is whether or not we want to leave it to be accumulated and used at the discretion of the department head, or whether it should be used or paid within 30 days. City Manager Willis supports the second suggestion that it be used or paid within 30 days. Mayor Taylor confirmed that the Commission would go forward with the Labor Management Committee's recommendation with respect to Item #3, but retain what is in the policy with respect to Item #2. Item #4 - Recommendation that all regular City employees receive pay out of sick time and accrual of vacation time on the same schedule designated before October 1, 1991 Mr. Lee explained that this item deals with the fact that we currently have two schedules - one for employees hired prior to October 1, 1991, and the other for employees hired after that date. Mr. Lee said the odginal accrual plan (persons hired prior to 10/1/91) was the one that originally appeared in the document. The Committee feels the original schedule should be maintained because it will act as a "carrot" for employees to opt into this plan. Mr. Lee explained that prior to October 1, 1991, employees coming into the City received 12 vacation days the first year. MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA DECEMBER 30, 1997 Employees hired after OCtober 1, 1991 receive only six days their first year, and 12 days the second year. This benefit was reduced in October, 1991 for cost savings. Commissioner Bradley feels it is necessary to know the cost to the City to restore this benefit. City Manager Willis explained that when she requested the calculations from the Finance Department, they were only able to provide the figures for all employees because they could not determine how many employees would ultimately be involved. Those calculations were not usable. She further pointed out that the first-year employee comes on board with full understanding of the benefits. When an employee starts a new job,. he/she does not have much liberty to take six vacation days off from work dudng the first year. City Manager Willis does not believe this should be an overriding issue. ViCe Mayor Titcomb questioned whether the extra week adds to the accrual of benefits over time after the first year. City Manager Willis explained that the only way that extra week could add to the accrual of benefits is if the days are not used. Discussion ensued about whether or not a maximum accrual exists. Mr. Lee explained that a maximum exists, and once that maximum is reached, the employee begins to lose vacatiOn time. Attomey Cherof explained that there was not a great difference of opinion .between the Committee and management with respect to this issue. He feels the issue really is whether or not the higher rate of accrual would be an inducement for employees to move from civil service to the PPM to pick up the six days. There is no way to predict whether or not this will provide the inducement to accomplish that goal. Debbie Lytle, Clerk III, said the employees feel this is a very big issue. Their two weeks of vacatiOn and payment of their sick time paid at 50% compared to 30% are major issues. City Manager Willis said the calculation and accrual of benefits is a larger issue she would like to review in terms of a "use it or lose it" policy. At certain times of the year, the supervisor feels compelled to approve vacation time so that the employee does not lose the benefit. Perhaps a 50% buy back at the end of each year of vacation time earned but not taken is more fair than forcing the supervisor to approve a vacation or have the employee lose the value of the benefit. Commissioner Bradley does not feel it would be very difficult to compute the calculations for the employees hired since October 1, 1991. Furthermore, since this benefit was reduced for cost savings, it may be appropriate to reinstate that benefit at this point. Mr. Sciortino feels this is a tool for attracting employees. He finds his most difficult task is attracting people to work since we are in a competitive marketplace. He does not feel compelled to give a first-year employee 12 days of vacation. Most of the time, he allows them to take six days and recommends that they hold six days to be used in case of sickness. City Manager Willis said this is a compensation issue. We are now in the process of doing compensation studies. When we get the results, we will have more specific data to analyze this issue. 6 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA DECEMBER 30, 1997 Mr. Sciortino's major concern is that the employees hired prior to October 1, 1991 continue to accrue vacation time at the old schedule, and get paid unused vacation time at termination at the old schedule. The way the current policy reads, employees hired prior to October 1, 1991 would be opting for a lesser benefit if they opt into this new plan. City Manager Willis recalled that no one was going to be asked to give up benefits to opt into this new policy. Attorney Cherof pointed out that the document does not say the employees will lose any benefits. He does not have an objection to clarifying this issue. City Manager Willis recommended that the same wording be used for this issue that was used in terms of the entire civil service issue - no one will lose benefits. Commissioner Bradley said he still wants to see the calculations regarding the missing week for the employees hired since 1991. He was of the opinion it would be necessary to add six days to each of those employee's banks. Mr. Sciortino said that would not be necessary. The Committee is recommending that the employees will be on this schedule from the date the document is adopted. Attomey Cherof reminded the Commissioners that this is a monetary issue. There would be no retroactive costs involved. He feels we can address the clarification that there will be no reduction in sick and vacation accruals at the end of the document. With respect to this issue, Mayor Taylor recommended proceeding with the document as written and looking at the costs involved. An ordinance can be passed to change this docUment if necessary. City Manager Willis offered to bring this information to the Commission at the next City Commission meeting on Tuesday evening. Mr. Sciortino pointed out that not every one of the employees hired after October 1, 1991 will receive six extra days. The number of days will depend on the amount of time the employee has been with the City. Attorney Cherof confirmed the Commission's desire to leave this section as written, adding a clause at the end of the document which states that if the employee opts in, he/she will not stop accruing at the rate the employee was hired under, Administration will look at the cost of taking everyone to the accelerated rate. Item #5 - Employee Appeals The end result of the Committee's discussion was that the Committee does not have a problem with arbitration and concurred with the City Attorney on this issue. The final .recommendation was to go to an arbitrator. The Committee's only concern relates to the fact that not all employees are at the upper end of the pay scale. The wording in the document indicated that the loser had to pay all of the expenses. The employees at the lower scale would not be able to afford those expenses. Seeing this as a hardship issue, the Committee recommends that these expenses be shared by the City and by the employee. MEETING MINUTES CITY COM MISSION WORKSHOP BOYNTON BEACH, FLORIDA DECEMBER 30, 1997 In response to a question from Mr. Sciortino, Attorney Cherof advised that typical arbitration fees would range between $1,500 and $3,500. Ms. Zibelli agreed that an employee earning $20,000 or $22,000 cannot afford to pay those expenses. Attomey Cherof explained that the language contained in this document compels the administration and employee to seriously consider the medts of their position in a grievance before taking it to arbitration. Mayor Taylor is totally opposed to arbitration. He feels there should be another procedure for the employees to go through, but he will never vote for binding arbitration because the taxpayers have no one to hold accountable. The decision-maker needs to be held accountable. That decision-maker is the City Manager. If the employee has a legitimate complaint, the City Manager should find in that manner. If the City Manager does not find in that manner, the City Commission must take action and replace the City Manager if he/she continually makes bad decisions. The taxpayers need to know someone is accountable for spending their money. If the employee feels the Manager made a bad decision, the employee can proceed to court. He recommends the implementation of a grievance procedure that moves forward to the City Manager. Once the City Manager makes a decision, the employee can move to the courts if he/she feels that is necessary. Ms. Zibelli pointed out that the Civil Service Board is another option. She feels the Commission does not like the Board because it seems to side with the employee. In her opinion, the Civil Service Board is very democratic because the Commission appoints people to the board, and the employees elect people to serve. The Civil Service Board has been very fair through the years. As a member of that board, She would not favor the side that was wrong. Mayor Taylor feels the Civil Service Board is not accountable. If they make a mistake, they do not have to answer to anyone. Attorney Cherof explained that the significant difference between Civil Service Board of today versus ten years ago is that the board used to be the end of a dispute between the employee and management. Today, an employee who does not prevail at the board, and sometimes even cities that do not prevail, take their cases on to court. Vice Mayor Titcomb questioned whether there is redress to binding arbitration in the court system. Attorney Cherof agreed there is redress; however, it is very limited. It must be demonstrated that there was bias or prejudice on the part of the arbitrator. There is rarely a reversal for that reason. Ms. Lytle said there have only been two cases that have gone through the Civil Service Board and fought the decision. Most conflicts are resolved at another level. Mayor Taylor pointed out that only one case resolving itself in the wrong way could cost the City millions of dollars. MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA DECEMBER 30, 1997 In an age of accountability, Mr. Lee feels it is of the utmost importance to provide the employee with the right to be heard and due process. He is not certain the "chain of command" offers those rights to the employees. In response to Commissioner Jaskiewicz, Mr. Lee advised that the Grievance Board is comprised of City employees. There are no supervisors on the Grievance Board. A grievance involves an infraction less than a termination, demotion or suspension of five days or more. Mr. Sciortino pointed out that under the new document, there is no Grievance Board. Department heads make the recommendation for discipline. If the employee decides to grieve that decision, the Human Resources Director will make the final binding decision. Attorney Cherof explained that we moved away from peer review to professional review by the Human Resources Department. In cases of minor discipline, the City Manager does not make a determination. Mayor Taylor felt the responsibility for handling minor discipline issues lies with the Human Resources Director. Major disciplinary issues should be handled by the City Manager. In all cases, the person making the decision will be held responsible for making a fair decision. Commissioner Bradley feels this would be an ideal situation in local government. However, he does not feel our situation is ideal. He reminded the Commissioners that the employees were pleased by the Commissioners' 3-2 vote to grandfather in civil service dghts of current employees. However, since that time, there has been an effort to eliminate the Civil Service Board. Commissioner Bradley feels this is a slap in the face to the employees. To allow the employees to feel their dghts are being protected, binding arbitration is needed, and each side should pay its own attorney's fees so that frivolous complaints are eliminated. Mayor Taylor said this document has nothing to do with current employees. This document is for new hires. Ms. Lytle said this document woUld apply to current employees if the City expects them to adopt this new plan. , Mayor Taylor feels this document will be quite attractive and the current employees will have an optiOn of adopting it or staying with civil service. Commissioner Bradley does not feel City Managers in this City would not be unduly influenced with a specific individual. This is a situation that has happened in the past, and Commissioner Bradley believes it can happen now and in the future. He does not believe the employee will be able to escape that situation. He pointed out that the City Commission has more control over the City Manager than it has over the Civil Service Board. Ms, Zibelli requested that the wording of the Ordinance for the ballot question regarding the elimination of the Civil Service Board be changed' because the intention is not to sunset the board. The intention is to abolish and that is the word that should be used, City Manager Willis believes that in dealing with the issues of protection and undue political influence, she has no problem with binding arbitration. She believes the City Manager should MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA DECEMBER 30, 1997 be accountable and responsible, as should everyone else in the organization. Any claim should be a fair and equitable allegation that goes forward through a process that has an end. She likes the idea that the Manager's decision can be appealed to another level where it will stop and where the scope of review is limitedl Binding arbitration that can only be appealed in court is equally risky to both sides. Vice Mayor Titcomb supports Commissioner Bradley and City Manager Willis' opinions on this issue because history has shown that even when a City Manager has made a decision, the court system is the final authority. The politics of the system can be removed by implementing the proposed system because it is fair and the least political with built in checks and balances. This system will probably be the most effective because there will be the least amount of turnover and upheaval from the decisions that generate out of this type of system. Vice Mayor Titcomb feels the court system and binding arbitration both try to make decisions that are fair. If we want a fair and equitable solution to a grievance or problem, the politics must be removed from the system. He does not believe this will cost the City more money or affect the process of local government. Commissioner Tillman was disappointed that the new document does not recommend a grievance team comprised of management and employees. During Visions 20/20, there were extensive discussions about the "team approach". In order to work together, the employees and management need to meet to look at the problems. Commissioner Tillman feels a buffer zone is needed because the employee feels like the "hunted" with no opportunity to become the "hunter". He supports the use of an arbitrator with the costs split. David Katz said he has heard members of this Commission use the name "Finizio" as a reason to get rid of civil service and the Civil Service Board. If there had been binding arbitration in place when he was a Commissioner, the City would not have had to go to court. It is his opinion that the City broke the rules. When the Finizio case went to court and ruled in favor of the employee, the City said the court was wrong, and blamed the Civil Service Board. If the prospect were to save the taxpayers money, binding arbitration would be best for the City. Commissioner Jaskiewicz disagreed with Mr. Katz' remarks and stated that the court did not agree that Mr. Finizio was right. The court ruled that the City was wrong by not filing an appeal within a required period of time. The court did not justify what Mr. Finizio did. In addition, Commissioner Jaskiewicz said she read recent arbitrators' decisions that she felt were wrong. Commissioner Jaskiewicz does not believe it is political to go into court and does not feel it is more cost prohibitive than using an arbitrator. She would like to see a refined grievance procedure that deals with issues other than just minor violations. Perhaps such a procedure would eliminate the need for binding arbitration or court. City Manager VVillis said we have seen a great deal of progress utilizing the Labor Management Committee. Perhaps we will be able to use this Committee as a mechanism to diffuse these conditions before they become major disputes that must be arbitrated or taken into court. She agrees that there could be mistakes in both instances. However, in binding arbitration, the risk is equal to both sides and the process ends at that point. Mr. Sciortino is hopeful this document and the team approach would lead to more attractive employees who are well trained and better evaluated, and better supervisors who are better 10 MEETING MINUTES CITY COM MISSION WORKSHOP BOYNTON BEACH, FLORIDA DECEMBER 30, 1997 trained to do their jobs. He feels that too much time is spent dwelling on something that happened in the past. There are employees who are terminated from the City and do not argue about that termination. Not every termination is unjustified, and not every termination leads to a court case. There is a commitment by the City Manager for better training, and funds have been allocated for that purpose. The use of an arbitrator is state-of-the-art across the industry today. Mr. Hawkins pointed out that the disciplinary section in this new document is very plain and exact. This section holds supervisors accountable for using the progressive discipline system. The City of Coral Springs has seen a significant reduction in cases going to the arbitrator. If we follow the document as written, we should see a reduction in cases having to go to a higher level. Attorney Cherof confirmed with the Commissioners that the use of an arbitrator will remain part of the new document and the arbitrators' fees will be split. Commissioner Jaskiewicz recommended that staff investigate the possibility of implementing a grievance procedure that would cover more than minor infractions. Mr. Hawkins reiterated that if the progressive discipline procedure is followed, there is no need for a grievance committee. He urged everyone to read this disciplinary section. Attorney Cherof explained that the section with respect to grievances asks management to be more accountable. The document states that if managers do not fOllow the procedures, they can be disciplined. City Manager Willis agreed that the rules must apply across the board. ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 8:20 p.m. ATTEST: Cit~'Clerk (/ D~puty City Clerk "-'(Three Tapes) \\ch\rnain~shrdata\cc\wp\minutes\comm\123097 work.doc Ma(~or Vice'Mayor ~ommissioner missioner 11 From: Date: Re: Memorandum #97-02 City ~3ommission Kerry Willis, City Manager Labor Management Committee December 2, 1997 New Persor~nel Policy Manual - Suggested Revisions The Labor Management Team (LMT) appreciates the opportunity afforded it to review the proposed Personnel Policy Manual (PPM). Once the City Attomey' sat in on the meetings we were able to complete our review in twelve hours of meetings subsequent to .our initial meetings without him. There were many items that the LMT and City Attorney agreed should be amended to clarify the document and these have been forwarded to you jointly. However the LMT had five. recommendations that the City Attomey did not feel he could incorporate without establishing new policies. He suggested the LMT submit these suggested changes to the Commission for their consideration separately, which is the basis for this memorandum. 1) The first issue for your consideration is the categories of employees and their designations (originally Chapter 5 q'ypes Of Employees"). The PPM as submitted.lists two categories, contract and non-contract employees, with the contract employees further broken down into individuals hired by direct contract and those covered by a collective bargaining agreement. Under section "B" several positions are designated as "Contract Employees". The LMT fell, for clarification purposes, that there should be four classifications: 1. Individual contract managerial (i.e. Department Heads, their deputies and/or assistants, not division heads.) 2. Individual contract specialized (i.e. non-traditional specialized specific task employees such as "Neighborhood Affairs Specialist", "Citizen Action Technician", and consullants hired for specific jobs) 3. Union contract (i.e. all employees covered under a bargaining unit agreement) 4. Non-union employees (i.e. employees not in the first three categories, such as clerical and mid level management), December 2, 1997 However, the major concem expressed was regarding the positions designated as contract employees in the odginal document. The LMT was concemed that there is an apparent lack of consistency in which positions were designated contract employees and which were not. We felt that making division heads or other rank and file employees contract employees could lead to instability in the City's operation during times of change in management personnel through contract non renewal or terminations. We do realize that the City Manager is currently working together with her management team on reorganizing the City's departmental structure and that this effort could change substantially how our City operates. But our recommendation for this Chapter is based on how we currently operate the City and its departments. 2) The second change we thought you should consider is in Chapter 11, "Callback". Currently compensation for callback is two hours pay plus the time worked in excess of the first fifteen minutes for all non-union employees. The PPM lists one hour plUs time worked in excess of the first fifteen minutes. The LMT suggests that we use the current IBF and 0 collective bargaining agreement on page 20 of their contract "Article 10, Section 4 in order to be consistent and fair City wide. That section states: "An employee called back to work after having been relieved and having left the assigned work station, or called in before his/her regularly scheduled work time, shaft be paid a minimum of two (2) hours pay at the rate of one and one half times his/her basic hourly rate of pay when such call bask is between the hours of 8am and 12am (midnight), and shaft receive a minimum of three hours at the rate of one and one half times his/her basic hourly rate when such callback is between the hours of 12:01AM and 7:59am. Employees shall be paid forthe actual hours worked for all hours worked in excess of the two and three hour minimum. 3) The third recommendation is in reference to Chapter 12 "Compensatory Time". The LMT is in favor of using the IBF &O contract language in Article X Section 14 on pages 24 and 25 instead of only adhering to the Fair Labors Standard Act in which compensatory time must be used within a "reasonable period" after making the request. Secondly this recommendation is to clarify the FLSA language and establish consistency throughout our organization. The language in the IBF&O contract states that "Su.pervisors must approve compensatory time priorto its accrual. In compliance with the FLSA, the City will apply the following schedule for members in the bargaining unit: Compensatory time will be used at the same rate the overtime rate would be paid. The compensatory time must be used within thirty calendar days of the pay period in which it is eamed. Accumulation and use of compensatory time must have the prior approval of the employee's supervisor. Employees may not 2 December 2, 1997 carry forward a balance after thirty days. The employee must take the time or be paid within the thirty days." 4) The fourth item is perhaps the most difficult because it does carry a price. Although the Original PPM did not distinguish between employees hired after October 1, 1991 and those hired before that date in the pay out of sick time and accrual of vacation time our current City policy does have two different schedUles. The LMT recommewds that all regular City employees receive pay out of sick time and accrual of vacation time on the same schedule designated before October 1, 1991. $) Finally, the item that seemed to draw the most comment and concern from a wide spectrum of City employees is on page 62, ~9 under the section dealing with "Employee Appeals" which states: 'q'he arbitrator's fee and costs shall be paid in full by the losing party". This is in the event that a terminated employee, or one who is suspended for 5 days or more without pay, requests binding arbitration. Although the LMT certainly is sensitive to avoiding undue costs to our citizens due to frivolous or unjustified appeals it also is sensitive to the employees right to a legitimate appeal without the cost of crippling fees on top of a suspension or termination. The LMT's recommendation is that the cost of the arbitrator be split between the City and the employee and that each side pay their own attorney's fees regardless of the arbitrator's decision. It should be noted in closing that other sections of the PPM were changed to better address the interests of both the City and the employees. For instance it has been recommended that the current City policy of using holiday, sick, and vacation leave as hours worked in calculating hours worked for the purposes of overtime be changed to only counting hours actually worked for the purpose of earning overtime. The employees will still be paid for their vacation, siCk, and holiday time but not for the purpose of calculating overtime. The LMT is also in favor of the new policy of the best man, or woman, for the job rather than posting job openings first "in house" before accepting "off the street" applications. The LMT also supports the concept of a proactive Human Resources Department that actively trains employees and gets involved with both inter and intra departmental employee relationships. Once again thank you fOr allowing us the opportunity for input and discussion. PER;ONNEL POL]~CY t4ANUAL cTrY OF BOYNTON BEACH PERSONNEL POL?CY f4ANUAL CITY OF BOYNTON BEACH TABLE OF CONTENTS, 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. General Provisions Definitions Organization For Personnel Administration Types of Employees Hidng Procedures Recruitment and Selection Equal Employment Opportunity Statement Compensation Plan Overtime Callback Compensatory Time Termination Pay Retirement Benefit Bonus Increases City Manager Incentive Program Bonus Days Hours of Work Legal Holidays Vacation Leave Sick Leave With Pay Leave With Pay In-Service Training Leave W'Zhout Pay Longevity Benefits Incentive Pay System Disciplinary Actions Formal Grievances Employment of Relatives Sexual Harassment Effective Date of Polities 1 2 5 7 9 11 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 33 34 35 36 41 53 54 55 58 CHAPTER 0:~ GENERAL PROVZSTONS ~ PURPOSE OF THESE POLICIES: These policies are to be followed by the City in the administration of the City's personnel program. It is the intent of these policies that City employees will be dealt with on an equitable basis, so that the citizens of the City may dedve the benefits and advantages which can be expected to result from a corn petent staff of City employees. SECTION 2. POSITIONS COVERED BY THESE POLICIES: These policies shall apply to all non-contract employees. These policies apply to union employees only when they am incorporated in the union employees collective bargaining agreement, and have been ratified by the City Commission and the bargaining unit. These policies apply to employees with individual contracts only if incorporated by reference in the employee's contract. SECTION 3: APPROVAL OF POLICIES: These polities shall be in force and effect when approved by Ordinance of the City Commission and replace existing policies, rules or regulations which are in conflict with these policies. SECTION 4. AMENDMENT OF POLICIES: These policies may be amended from time to time by Ordinance of the City Commission, unless otherwise specified in this document. CHAPTER 02 DEF~NTr[ONS The following words and terms shall have the meaning indicated unless the context clearly indicates otherwise: ADMINISTRA'I'[VE REVIEW means review of a minor personnel action by the Personnel Director. Minor personnel action includes verbal counseling, written counseling memos, reprimands, suspensions with pay, demotions, and suspension without pay of less than five (5) days. ALLOCATE shall mean the act of assigning each position to its proper class. ANN~ERSARY DATE shall mean an employee's date of hire or re-hire, whichever is later. APPEAL shall mean a request for binding arbitration. ARBI'rRATOR shall mean a neutral individual appointed using the procedure set forth in these policies. BINDING ARBITRAT[ON shall mean a process that ends with a decision of the arbitrator which is final and binding on the employee, management and the City Commission. CERTIFY shall mean the act of the Personnel Director in supplying a department head with the names of applicants who are eligible for appointment to a position. CLASS shall mean a position or group of positions having similar duties and responsibilities, requiring similar qualifications, which can be properly designated by a title indicative of the nature of work and which carry the same range. CONTINUOUS SERVICE shall mean employment which is uninterrupted. CONTRACT EMPLOYEE shall mean an employee under an individual employment contract or a collective bargaining agreement. DEMO'I'[ON shall mean the assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. DISMLSSAL shall mean the discharge of an employee from his/her or her position with the City. The terms termination and dismissal are interchangeable. ELIGIBLE shall mean a person listed on the active employment list. EMPLOYMENT I_[ST shall mean a list of persons who have bean.found qualified for appointment to a position in a particular class. EXAMINATION shall mean any selection instrument used to measure the relative knowledge, skills, and abilities for candidates competing for positions which may include evaluations of training and experience, performance tests, oral interview, wdtten tests, evaluations of performance appraisals, etc. FULL-TIME EMPLOYEE shall mean an employee who is scheduled to work a minimum of 36 hours per week. GR[EVANCE shall mean formal notice of dissatisfaction by an employee with permanent status who feels they have been unjustly treated in cases involving employment conditions. HUMAN RESOURCE DIRECTOR shall be interchangeable with Personnel Director. IMMEDIATE FAMILY shall mean spouse, mother, father, son, daughter, sibling, step- father, step-mother, step-child, grand-parent, and grand-child. .]OB TTrLE shall mean a definite descriptive designation for a job classification. LAYOFF shall mean the dismissal from employment because of shortage of work or funds, or because of changes in the organization. NON-CONTRACT EMPLOYEE means any employee who is not employed under an individual employment contract or covered by a collective bargaining agreement. OVERTIME PAY shall mean pay for overtime worked in excess of employees normal work week. PAY RANGE shall mean a salary range established by the City Commission with a minimum and maximum base salary. PART-TIME EMPLOYEE shall mean an employee who is scheduled to work less than 36 hours per week. POSI-I'ION shall mean a group of duties assigned to one person or job. PROBATIONARY EMPLOYEES shall mean any employee wino is serving in a new position either by appointment, promotion, demotion, or reclassification. PROBATIONARY PER~OD shall mean a period of twelve (12) months. During this pedod an employee may be discharged, demoted, or suspended without warning or statement of cause. 3 PROMOTION shall mean the assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. REGULAR EMPLOYEE shall mean an employee who has satisfactorily completed a probationary period. SUSPENSION shall mean the separ3tion with or without pay of an employee for a period of time. TEMPORARY EMPLOYEE shall mean an employee holding a position other than regular full-time or part-time for a specified period of time. TEMPORARY POSITION shall mean all positions that are not designated regular. TERMINATION shall mean the discharge of an employee from his or her position with the City. The terms termination and dismissal are interchangeable. UNION EMPLOYEE shall mean an employee within a certified bargaining unit and covered by a collective bargaining agreement. VACANCY shall mean a position existing or newly created, which is not occupied. 4 CHAPTER 03 ORGANIZATION FOR PERSONNEL ADHINISTRAT/ON SECT[ON 1. THE ct-rY COMMISSION: The City Commission shall: A. Approve the Policies, at, er receiving a recommendation from the City Manager. B. Annually approve a pay plan, which may, in their sole discretion provide for wage and benef'r~ increases or decreases. Ratify all appointments to positions which require an individual contract. individual contract. D. Ratify all removals from positions which require an SECTION 2. THE CI-I'Y MANAGER: The City Manager shall: A. Be responsible to the ab/Commission for the administration of the personnel system. Appoint, promote, transfer or remove, demote, suspend, or discipline all subordinate employees. The City Manager may, in his/her discretion, delegate administrative authority to the Personnel Director or Assistant City Manager to approve personnel actions. Performs such other duties and have and exercise such other powers in personnel administration as is vested in the City Manager by the provisions of the City Charter. Appoint a Personnel Director who shall be responsible to the City Manager for the administration of the City's personnel program. SECTION A. B. 3. THE PERSONNEL DIRECTOR: The Personnel Director shall: Administer the provisions of these policies. DeVelop and administer such recruitment and examination programs of competent applicants to meet the needs of the City service. Prepare and recommend to the City Manager for City Commission adoption, job descriptions and amendments to job descriptions which reflect the duties being performed by each employee. D. Administer the pay plan. Periodically review compensation levels. Provide a system of checking payrolls, so as to determine that all persons in the City service are being paid in accordance withthese policies. Provide for the establishment and maintenance of a roster of all employees in the City service. Provide such forms and procedures as he/she may consider necessary, appropriate or desirable to carry out the personnel program. Develop and establish in cooperation with the City Manager and various department heads such training and educational programs for employees as conditions warrant. Perform such other activities with reference to personnel administration not inconsistent with the City Charter or these policies, as the City Manager may direct, or as may be required by Ordinance. Prepare and recommend such policies or amendments t~ the policies as may be necessary or advisable to carry out the intent and purposes of the City personnel program. Administer Benefit Programs Administer Disciplinary Process Review and file a written report with the City Clerk of the Personnel Policy Manual no less than bi-annually. 6 CHAPTER 04 TYPES OF EMPLOYEES SECTION .... ! TYPES OF EMPLOYEES: City employees are divided into two groups: non- contract employees and contract employees, Contract employees means either individuals hired by direct contract, or individuals who are covered by a collective bargaining agreement. B. The following positions are designated as Contract Employees: Assistant City Manager Assistant City Attomey Economic Development Director Assistant to City Manager Personnel Director Assistant Personnel 'Director Citizen Action Center Technidan Neighborhood Affairs Specialists TIS Director Utilities Director Assis13nt to Utilities Director Deputy Utility Director Library Director Assistant Library Director Public Works Director Assistant Public Works Director Golf Course Director Finance Director Deputy Finance Director Recreation and Parks Director Parks Superintendent Recreation Superintendent Facilities Manager Fire Chief Medical Director Deputy Rre Chief Battalion Chief Police Chief Administrative Assistant to Police Chief Police Information Officer Police Captain Director of Development Deputy director of Development Building Code Compliance Administrator 7 Planning and Zoning Administrator City Clerk- Non-contract employees means employees who are not otherwise designated as contract employees. 8 CHAPTER 05 HZR/NG PROCEDURES POLICY 3ob vacancies may occur which require recruitment efforts in order to fill a vacancy. This policy establishes that posting of job vacancies are required to ensure that equal employment opportunity recruitments are consistently attained for all regular status positions. BASIC REQUIREMENTS No job shall be filled until the position has been posted for a period no less than ten (10) calendar days. 3ob postings shall be on official bulletin boards, designated by the Personnel Department, Hidng procedures, such as form of application, background check, interviews, and examinations, shall be established by the Personnel Department and may be amended from time to time as appropriate. Copies of current hidng procedures shall be made available for inspection in the Personnel Department. APPI_ICATZON PROCEDURE: When a job vacancy occurs for any position, the Department Director shall submit an Employee Requisition Form to the Personnel Department. The submission of the Employee Requisition Form begins the recruitment process. Any particular emphasis desired of duties for that job must be indicated on the Employee Requisition Form. Upon receipt of the Employee Requisition Form, Personnel will prepare and distribute a notice of the position vacancy called a ".]ob Opportunity". .]ob Opportunities shall be dated and posted for a minimum of ten (10) calendar days. Unless otherwise indicated by the Personnel Department, job postings will be without an established Closing Date. .]ob Opportunities shall contain information such as position rifle, salary range, closing date (if indicated), and minimum requirements inclusive of education and experience, among other things. Advertising of .]ob Opportunities will be made available to current City employees by posting or publication and to the general public and will be coordinated by the Personnel Department at the same time. 9 If a Closing Date has been established and no applicant is recommended for employment from the pool of applicants who applied prior to a Closing Date, the posting procedure may be commenced again at the discretion of the Department Head with the approval of the Personnel Director. Temporary or seasonal positions do not require job postings due to the nature of -the employment relationships which is intended to be of temporary or seasonal duration, and which has no benefits attached. 10 CHAPTER 06 RECRUTrHENT AND SELECI'ZON POI/CY In order for the City to be operationally competitive with other governmental entities as well as the pdvate sector, the recruitment and retention of qualified employees is of paramount importance. To achieve maximum efficiency the City must have the flexibility to fill vacancies through either promotion or outside hiring. Vacant positions shall be filled in the best interests of the City through recruitment, selection, and promotion of employees on the basis of their qualifications and relative knowledge, abilities, and skills. BASIC REOUIREMENTS The Personnel Department is responsible implementation of this policy. for nondiscriminatory Each department is responsible for assisting the Personnel Department with recruitments, interviews, tentative selections, and recommendations for appointment. The Personnel Department has primary responsibility for hiring employees. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of employment made to an individual prior to obtaining all necessary authorizations shall not be binding on the City. CURRENT PROCEDURES A.~. APPLICATIONS AND INTERVIEWS Once the Personnel Department has officially announced a job vacancy through the' posting of a 3ob Opportunity, the official recruitment process has begun. The recruitment process may be withdrawn by the Director of Personnel. Individuals desidng consideration for employment must submit an Application for Employment Form, a letter of. proposal, or a resume to the Personnel Department. Employees are encouraged to submit applications for promotional opportunities. All applicants submitting a resume and granted further consideration shall complete an Application for Employment at some point during the employment process. Applications must be signed and certified by the appJi .cant. Falsification of any part of the Application for Employment or any related documents may 11 Ss a upon discovery, lead to denial of an application or dismissal of the employee. Incomplete applications may be accepted but missing information must be obtained from or submitted by the applicant on request. All applications and resumes received by departments must be forwarded to Personnel. Applications for employment may be accepted by the Personnel Department even when there are. no current vacancies for a specified position. When a vacancy occurs, previously submitted applications and resumes on file in Personnel may be considered in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. Certain classifications may require applicable testing prior to being given consideration. Personnel will administer tests required and ensure that passing scores are attained prior to forwarding an application to a department for consideration. The Personnel Department shall advise the appropriate Department Head of the eligible applications. Upon receipt of the eligible applications, the department should: Review and evaluate all applications and resumes based on, but not limited to relative qualifications, knowledge, abilities, skJIIs, education, experience, and certifications or licenses required in accordance with current class specifications. Veterans Preference will be given in compliance with current legislation. In order for an applicant to be given further consideration, minimum requirements of that class specification must be met. Departments share responsibility for this aspect of selection. Cm Prepare an interview schedule and conduct interviews. PersOnnel may assist in scheduling, contacting, or co-interviewing of applicants at the request of the department. ds Determine who is most suitable for further consideration and proceed with additional interviews, if necessary.. 12 Prior to recommendation for employment, the department should determine that the applicant pool was sufficient. Prior to any offer or other similar indication of employment, all necessary steps as outlined in Section B must be satisfied. SELECTION, REFERENCE CHECKS AND THE RECOMMENDA'I'[ON PROCESS Once the interview process has revealed suitable applicants, the reference checks and screening steps should begin by the Department. Personnel Department will coordinate additional form completion with the applicant and will conduct reference checks. Academic degrees, previous employers, character references, and all information provided on the Application for Employment will be subject to verification as needed. Once the results of reference checks and screenings appear satisfactory, the department will be so notified in order that further consideration may continue. The department may then recommend an applicant for employment and the submit the proper forms to Personnel for processing. If the Department Director proposes a salary which exceeds the minimum of the position's pay range, written justification must be included for consideration of the salary. Upon receipt of a recommendation for employment and in conjunction with a tentative offer of employment, a pre-employment physical and drug test for the applicant is then scheduled. Ned,cai examinations must be satisfactorily passed to determine fitness to perform the duties of the position. m After acceptance of an applicant's physical examination and drug test results, the Personnel Director may proceed with the hiring process. It is the City's intent to employ the most qualified applicant best suited for the position. Current employment with the City is a factor, but is not, in and of itself, determinative or controlling. EMPLOYMENT ACCEPTANCE Employment acceptance must be made by the applicant within three (3) work days of the department's employment offer, unless otherwise extended by the Personnel Director. [f employment a. ccePtance is declined, the department may consider another applicant from the recruitment's 13 applicant pool, or the department may choose to begin a new recruitment. Employment Procedures shall be followed in either case. The Personnel Department must be notified by the department of the tentative him date. Employee orientation will then be scheduled. New employees must provide proof of work eligibility and verification of identity to the City. Personnel Department will process the necessary employee paperwork to Finance Department for payroll purposes. The Personnel Department shall COnduct a general orientation program for all new employees to explain the City's history and organization, to complete benefit program enrollments, and to stress the use of safe work practices and the City's commitment to excellent customer service. 14 CHAPTER 07 EQUAL EMPLOYMENT OPPORTUNTrY STATEMENT PO~CY: The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law),-or marital status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. 15 CHAPTER 08 COHPENSATZON PLAN SECT[ON 1. ADOPTION OF CURRENT PLAN: The Compensation Plan, in effect at the time of the adoption of these policies, shall remain in effect and is applicable to all non- contract employees. The Compensation Plan may be amended from time to time by resolution of the City Commission following recommendation from the City Manager. The Compensation Plan is not vested and does not constitute a contractual obligation of the City. SECTION 2. INTERPRETATION: The City Manager shall be responsible for interpreting the application of the compensation plan with regard to pay problems which are not specifically covered by this plan, using the principles expressed herein as a policy guide. 16 CHAPTER 9 OVER'I'ZME Overtime pay may be given only for authorized or directed time worked in excess of ~0 hours. Overtime will not be granted for less than a fifteen (15) minute pedod. In calculating overtime, only actual hours worked shall be counted. 17 CHAPTER ~L0 CALLBACK Any employee who has physically left work (punched out, etc.) and is called back to work by his/her Department Head or the Department Head's designated representative for an unscheduled assignment, shall be compensated for one (1) hour of call back pay, plus the time worked in excess of the first fifteen (15) minutes. 18 CHAPTER 11 COMPENSATORY 'rZME An employee eligible for overtime in accordance with the pay plan may be granted compensatory time off at the same rate it was earned (i.e., straight Ume for straight Ume, time and one- half for time and one-half). Compensatory time can be earned, accumulated, and used, with the Department Head's approval or direction, in accordance with the Fair Labor Standards Act. Employees who are not eligible for overtime payment as indicated in the pay plan, are expected to work the necessary hours to corn plete their assignments. These employees are eligible for such limited compensatory time off with permission of the Department Head or City Manager as outlined above. The choice of whether to grant overtime pay or compensatory time rests solely with management and depends on the most efficient and economical delivery of services. 19 CHAPTER 12 TERM]:NAT/ON PAY There is no termination or severance pay, except payment for accumulated .sick and vacation time as otherwise provided herein. 2O CHAPTER 1.3 RETZREHENT BENEFTi' Procedures for retirement and the benefits available to em ployees in conjunction with retirement are as set forth in the pension plan applicable at the time of retirement. 21 CHAPTER Z4 BONUS INCREASES In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00 when such a bonus is justified, in writing, on the prescribed forms by the Department Head. This bonus will not affect the employees pay grade and step. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entitled to bonus money and only one bonus wilt be allowed to an employee in a fiscal year. This approach is a system where top performance can be recognized by the immediate supervisor and prompt rewards can be made at the discretion of the supervisor provided the department head concurs. This top performance must be substantiated by the supervisor and the Department Head using the prescribed forms furnished by the City Manager. 22 CHAPTER Z5 cTrY MANAGER I'NCENTZVE PROGRAM All submittals for incentives must be done as part of a team and the submittal must be approved by the team's supervisor. The pool for funding .this program will be limited to $15,000.00 per fiscal year and the amount of any single program will be limited to $1,000.00. Employees are encouraged to be as creative as possible, while at the same time keeping the effort simple. Incentive payments will be considered for the following type of activities (although they are not limited to just these type of activities): Customer service improvements. Cost efficiencies (savings). Improvements in operations. Productivity enhancements. Expanding hours of operations. Doing work in-house rather than engaging a consultant. Incentive applications will be accepted by the City Manager's office, commencing September 30~ of each year, for award at the last City Commission meeting in December. 23 CHAPTER 16 BONUS DAYS INTENT The intent of this Chapter is to establish a wellness program designed to minimize time lost on the job and to help reducethe City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injudes 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 All full time City employees covered by this policy are eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. 24 CHAPTER: Z7 HOURS OF WORK Hours of work will be determined by Department Heads, subject to the approval of the City Manager and shall: A. be uniform within occupational groups, and B. be determined in accordance with the needs of the service, and C. take into account the reasonable needs of the public who may be required to do business with vadous City departments. 25 CHAPTER ].8 LEGAL HOI.ZDAYS Legal Holidays to be observed by the City's employees unless such emplOYees are required to be on regular duty are New Year's Day, Martin Luther King, 3r. Day, Presidents' Day, Memorial Day,' Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Th. anksgiving, Christmas Eve, and Christmas Day and such other days as may be specifically designated from time-to-time by the City Commission. The City Manager and City Commission reserve the right to declare these and any other holidays on a date designated by them; such date does not necessarily have to be on the specified traditional date, but on a date that meets the best interest of the City; except if noted otherwise by union contract, If the employees work on a holiday, they will be paid for the holiday, and will be paid for the hours worked at the time and one-half rate, Employees shall be paid for legal holidays. Those employees who work on a holiday shall also be Paid for the holiday plus the time worked shall be paid at time and one-half rate. Hourly rate employees must work their regular work days immediately before the and after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. Part-time, temporary, and emergency appointed employee shall not be entitled to holidays with pay. 26 L CHAPTER 19 VACA'FION LEAVE Each full time employee shall earn vacation leave at the rates shown in the scheduled outlined in the schedule below. Each employee shall at the end of each year be credited with vacation days (accumulated in hours) for each full year of continuous service as noted in the chart below. The number of day/hours credited per year will not increase after the 20~ years of service t~nless the schedule is amended. Employees on their initial one year probation are not eligible to take vacation for the first six months of employment. VACATION ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Days Vacation Hours 1 Year 6 48 2 but less than 5 12 96 5 years but less thanlO 15 120 10 17 136 10 years but less than 20 20 160 20 years and after Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during 3anuary i - December 31 may exceed this stated policy, however, any amount over the allowable maximum that has not bccn used dudng that (3anuary I December 31) will be forfeited as of December 31. 27 CHAPTER 20 SI'CK LEAVE WTrH PAY Sick leave with pay shall be granted to regularly employed full time employees at the rate of one working day for each completed month of service (96 hours). SuCh leave shall be computed on an employment year basis. Sick leave pay will be paid at the same rate as a regular work day. Unlimited accumulation of sick leave is authorized. A regular employee shall, upon termination of emPloyment with the ab/, be paid for unused accumulated sick leave. Sick leave shall not be considered as a dght which an employee may use at his/her discretion, but rather as a privilege which shall be allowed only in case of personal sickness or disability, legal quarantine because of exposure to contagious disease, or in the case of illness within the immediate family. No more than five working days in any calendar year may be taken as sick leave because of illness within the immediate family. [n the case of a prolonged, serious illness within the family, an employee may take more family sick time only if approved by the Department Head, Personnel Director and City Manager and a doctor's letter must be submitted. Sick leave will not be granted if it falls on regular days off or on a holiday. In order to be granted sick leave with pay an employee must meet the following conditions: Notify his/her immediate supervisor one (1) hour before the beginning of the scheduled workday of the reason for his/her absence or within lesser limits if required by the Department Head. Permit such medical examination, nursing visit or inquiry which the City deems desirable File a written request for such sick leave on the form and in the manner to be prescribed. Requests for more than three (3) days sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for duty. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one da~ absence. 28 Employees serving a probationary period on an odginal appointment shall accrue sick leave in accordance with the provisions of this section. In computing sick leave no increments will accrue for any week which includes three or more days of leave of absence without pay. He In computing sick leave taken, all employees shall be charged one hour sick leave for each hour not worked because of illness. Regular employees that have exhausted their accumulated sick leave and are still unable to return to work, may draw against their annual leave account. Such request must be made to the Department Head by the employee, who in turn must notify the Personnel Director on the prescribed form. .]. Claiming sick leave when physically fit shall be cause for discharge. All regular employees (or their beneficiaries in the case of death) will have payment made for unused sick leave at the rate specified in the table below, upon resigning, retirement or death. Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years More than 5 fully years, but less than 10 full years More than 10 full years, but less than 15 full years More than 15 full years, but less than 20 full years U pon retirement from City Service- 0% 10% 15% 20% (Retirement shall include normal retirement, disability retirement or early retirement as defined in the appropriate Pension Plan.) Employees, if work is available, may return to work with a Light Duty Certificate and/or letter from their physician provided there is work available within the City that would comply with the doctors requirements. If there is no such work available the employee will remain on sick leave or workers= compensation status until he has a full release to return to work from his/her doctor. 29 CHAPTER 21~ LEAVE WTI'H PAY .~URY DUTY/WITNESS FEES - All pay granted under this section must be approved by the Department Director. Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director. In order for the employee to receive their regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those days that coincide with his/her regular work schedule. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelal~ed to Qty business may take vacation leave in order to receive pay. MILITARY LEAVE: All employees in the C~y service who are members of the military reserve units and who must attend annual training sessions are entitled to leave of absence with full pay. The City of Boynton Beach pursuant to Florida Statute 115.07 - Officers and Employees Leaves Of Absence For Reserve or Guard Training, grants up to seventeen (17) calendar days with pay each year in order that such employees may fulfill their military obligations. Full-time permanent employees in the City service who are called to perform military service may at the discretion of the City Commission be granted leave of absence without pay for such service in accordance with the provisions of Public Law 93-508, Section 2021 - Right to re-employment of inducted persons; Section 2024 - Rights of persons who enlist or are called to active duty; reserves. DISABILITY: Employees who are on disability leave will have their positions held for a maximum of nine. months from the date of injury or illness. If the employee fails to comply with any provisions required by the carrier handling the daim, they will waive their rights for reinstatement in their open position or any other position. WORKERS' COMPENSATION: Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled te full regular pay. 30 ' If the pe'dod of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his normal net take home pay. The injured employee will be eligible to receive the salary supplement for a period not to exceed three (3) months from date of injury. At the end of the three months, or sooner, the City Manager, Department Head, and Personnel 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 accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, City supplement (if less than the full amount authorized) and workers' compensation benefits equal his/her regular weekly net take home salary. The employee must contact the payroll clerk to quality for the combined check. It is incumbent on the employee to make application for disability in accordance with the pension plan they are members of, or the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. If the appropriate disability plan denies the daim, the additional City salary supplement benefit will be canceled. [f the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, which ever comes first. If an employee who is receiving Worker's Compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere, during this pedod, 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. 31 COMPASSIONATE LEAVE: In the event of the death of the mother, father, foster parents, brother, sister, husband, wife, son, daughter, grandparents, grandchildren, mother-in-law, or father-in-law of a regular employee such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for any one death. However, if it is necessary for the employee to leave the State in connection with the interment of the. deceased, five (5) consecutive calendar days shall be allowed. Employees must submit proof of death in order to be eligible for this article. The City Manager may.grant additional leave under this section when he/she deems it appropriate. 32 CHAPTER 22 ZN-SERV~CE TRA/NI~NG Any employee may be accorded leave with pay to attend an authorized training program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency: Leave is requested by the employee's department head and approved by the City Manager. When such leave is granted, the Personnel Director shall be promptly notified of the reason for such leave, the course work to be completed, and the probable date of the employee's return to duty. Leave shall be for time required to complete the course. In no event shall any leave be approved or granted under this rule except where there are adequate, unencumbered funds available in the departmental budget which are sufficient to cover the cost of such training. In the event the course is not successfully completed, employees granted leave under this rule shall reimburse the City for one-half the cost of such training course. [f the employee leaves the City service within one (1) full year after completion of such training, he/she shall reimburse the City for the total cost of such training course if the City Manager requires. 33 CHAPTER 23 LEAVE WTrHOUT PAY A regular employee may be granted leave of absence without pay for a pedod not to exceed one year for sickness, disability or other good and sufficient masons which are considered to be in the best interest of the City. Such leave shall require the pdor approval of the DePartment Head, the Personnel Director and the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all their benefits, i.e., insurance, etc. Except under unusual drcumstances, voluntary separation from the City service in order to accept employment not in the City service shall be considered as insuffident reason for approval of a request for leave of absence without pay, :If for any other reason, leave of absence without pay is given, such leave of absence may subsequenUy be withdrawn and the employee recalled to service, All employees on leave of absence without pay are subject to applicable provisions of these rules, There will be no accrual of sick leave, vacation leave or seniority dudng a leave of absence without pay exceeding 30 days, CHAPTER: 24 LONGEVTrY BENEFTrS PURPOSE To provide benefit incentives to long-term employees, giving recognition for continuous and meritorious service. Longevity benefits are available within these guidelines. ELIGIBILITY Employees eligible are those employees who: a) have been employed with the City on a regular full-time and continuous basis for a minimum of fNe (5) years, b) have an overall 'Meets STANDARDS' or above rating on the previous employee evaluation, BENEFIT Employees will receive a cash Lump Sum Bonus as follows: on the employees filth (5~) anniversary a lump sum payment of $500.00. On the employees tenth (10~) anniversary a lump sum payment of $1,000.00. On the employees fifteenth (15~) anniversary a lump sum payment of $1,500.00. On the employees twentieth (20~) anniversary a lump sum payment of $2,000.00. PROCEDURES 1. Any pay earned for Longevity Benefits is subject to 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. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their hire anniversary date will not be entitled to Section B benefits. 35 CHAPTER: 25 TNCEN'I2'VE PAY SYSTEM POUCY The City of Boynton Beach has established the Incentive Pay System to motivate and reward emplOyees according to their job performance and contributions toward accomplishment of major objectives. The purpose of the system is also to promote continuous improvement and quality performance through teamwork, assist in career development and advancement, identify individual training needs, determine suitability for assignment, effectiveness in the assigned position and ability for absorbing more responsibility. All employees should be continually working together towards the mission, goals, and objectives of the City. ELIGIB_.ILrPf Regular budgeted employees who have successfully passed the probationary period are eligible for this program. TYPES OF REVIEWS Performance reviews, whether annual, probationary, or other, are incorporated into the Incentive Pay System. Probationary reviews generally determine the successful passing of the probation period; annual reviews are generated for regular status employees and are conducted within forty-five days prior to the anniversary date. AEer 1999, all evaluations of regular employees will be made within 45 days prior to the end of the fiscal year. Other reviews may be used to recognize excellent achievements or unsatisfactory performance throughout the year. Immediate supervisors are generally raters, however, employees who have performed their duties-under more than one supervisor during the rating period should be evaluated by the supervisor for whom the employee worked during the majority of the rating period. The supervisor preparing the rating should consult any other supervisor for whom the employee worked during the rating period in order to determine the most appropriate rating for one or all categories. Each supervisor should sign the evaluation form. Information and ratings can also come from peer evaluations used by a work team. OBJECTWES 36 Employees will be involved with their immediate supervisor before each fiscal year in the development of their objectives, using criteria specific to their position. Objectives are to relate directly to the goals of their department and objectives must be scheduled for completion no later than 8/31/99 and annually thereafter. The objectives session should include a review of responsibility of the employee's position, level of performance expected and evaluation rating criteria. Once the employee and supervisor agree on the objectives, signatures and dates should be placed on the form to indicate agreement. Written modifications can be made to major objectives, if agreed upon by the employee and supervisor. New employees and employees with a change of Status should write major objectives for the remaining period within that fiscal year. TIMELINE Evaluations shall be scheduled in advance of evaluation dates with the objective that incentive pay, if any, will be granted on the employee's evaluaUon date, COMPETENCY AND MINIMUM ~rANDARDS The Performance Review will be based on how competently each one of the employee's wdtten objectives was performed during the performance period, as well as competency in defined categories. Certain conduct is expected of all City employees; satisfactory job performance, completion of assignments on a timely basis, good attendance, positive behavior, helpfulness and respect for the public, employees and customers are examples of minimum standards. Similarly, avoidance of all nonbeneficial behavior is also expected. PERFORMANCE VALUES Values of "5", "4", "3", "2", and "1" are used throughout the performance review to determine an overall score. Each level corresponds to these definitions: 5 = SUBSTANTIALLY ABOVE STANDARDS Performance is outstanding. Employee has positively contributed to the Department to a significant degree. Produces the highest quality work which is consistently reliable and is often completed in advance of deadlines. Demonstrates outstanding initlati~/e to advance plan, anticipates and solves problems and takes appropriate empowered actions. Requires little or no supervision. 4= ABOVE STANDARDS Performance is distinguished. Employee often does more than is expected. 37 Produces quality work which is reliable and completed by deadlines. Shows initiative-to advance plan, anticipate problems and takes appropriate empowered actions. Requires only occasional supervision. 3 = HEETS STANDARDS Performance is sufficient. Produces satisfactory work which is usually reliable and priorities are completed by deadlines, Follows routine plans, handles problems as situations occur and takes authorized actions. Requires routine supervision. 2 = PARTIALLY MEETS STANDARDS Performance is below the expected level. All objectives are not achieved. Requires close supervision. Definite need for improved performance. The employee must develop an action plan for improvement. If immediate and sustained improvement is not made in the rated category within 60 days, disciplinary action will be initiated. This rating should not be given overall unless counseling and/or documentation of defidendes have taken place during the rating pedod. The employee should be reviewed again in 60 days at which time an overall rating with this value may result in termination. i = DOES NOT MEET STANDARDS TRAZNIN6 Training will be available on the Incentive Pay System. PAY.. RANGES Pay ranges are specific dollar amounts applicable to similarly situated positions which are grouped together. Pay ranges may be adjusted by the recommendation of the Personnel Department to the City Manager's Office. Pay ranges will be reviewed as necessary and adjusted to bdng the City's pay ranges to the top quartile of comparable public employers in the local labor market. PERFORMANCE REWARDS Employees with a rating of "Meets STANDARDS" or higher will be eligible for a performance reward not to exceed 4% of base pay effective the first pay pedod after the evaluation date. Rewards may consist of base salary adjustments (until the employee has reached the maximum of the pay range), cash bonuses, 457 deferred compensation (if eligible), annual leave or a combination of any of these rewards, except for those 38 employees within 4% of the minimum of their pay range. Such employees must take their full reward in base pay. Performance awards will be prorated when the period between the probationary review and the annual fiscal year review is less than twelve months. Proration shall be 1/12 of the award for each full month since probation ended. MAXIMUM PAY The maximum base pay permitted shall be the maximum of the pay range for each respective position. PERFORMANCE REVIEWS/CONFERENCES Performance Review and Award forms are accessible in the computer network. A list of eligible employees will be sent to directors in mid 3uly to begin the annual processes. Performance Review forms should then be completed and signed by the immediate supervisor along with the top portion of an Award Recommendation form and submitted through supervisory levels to the department director. The department director will review the quality, fairness and impartiality of ratings given by the rater and sign and return the Personnel Authorization forms to the immediate supervisor. A conference is then conducted by the rater with the employee. The rater should provide supporting comments to explain the ratings. The employee should sign the completed Personnel Authorization form to indicate the employee has read it. A copy of the signed form should be given to the employee. Employees may select the performance reward desired by completing the bottom portion of the Personnel Authorization Form. The supervisor then forwards the original documents back to the department director. The original Personnel Authorization Form, Informal Performance Session Worksheets must be forwarded to Personnel prior to September 15 for processing and retention in the employee's personnel file. The City Manager's Office is only required to sign forms for department directors' Performance Reviews or for extension of probation (for reasons other than work performance). INFORMAL SESSIONS Supervisors are responsible for conducting a minimum of one informal performance session during the year with the em ployee to discuss progress towards accomplishment of objectives, quality performance, promotion of teamwork, promotion of continuous improvement, motivation, and to offer assistance. Employee input is very important during these sessions. The informal session shall be held during the first six months of the rating period. Forms to be used for documenting this informal session is accessible in the computer network. These completed forms are to be retained by the department then attached to the annual Performance Review conducted prior to the end of the fiscal 39 year. Employees should be encouraged to request informal sessions, from time to time, as they deem necessary. APPEALS Employees may appeal their performance review in writing within ten (10) working days of receipt of the performance .review. The appeal notice must state the basis for the appeal, what portion(s) is being contested, and state a brief outline of the information that supports the appeal. The appeal should be sent to the employee's immediate supervisor with a copy to the Department Head. The Department Head will conduct a conference with the employee and the rater within thirty (30) working days of receipt of the employee's request for an appeals conference. The employee will be provided the opportunity to elaborate on the outline submitted in the aPpeal notice. The rater will be provided the opportunity to elaborate on the reasons for the rating which is the subject of the appeal. The Department Head will inform the employee and the supervisor of the outcome of the appeal in writing within five (5) working days of the appeals conference. In cases where the Department Head is the rater, the appeal is to the Personnel Director. In all other cases, the Appeal is to the Department Head. CHAPTER: 26 DZSCZPLZNARY ACTZONS PURPOSE The City of Boynton Beach is committed to recruit, train, and retain, qualified employees who will contribute to the City's mission. The success of City government in providing quality and efficient public services directly correlates with appropriate employee conduct and performance. Employee behavior which is positive and supportive of the goals of effective municipal management is fully encouraged. When an employee's conduct or performance is inconsistent with the nccds and goals of the City, disdplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. [n proper cases, dismissal may immediately occur. 4. No employee shall be disciplined or discharged without just cause. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the City and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or sevedty of the incident. Although progressive disciplinary actions are encouraged when circumstances support such use, the sever'th/ of misconduct and the circumstances shall determine the nature of the discipline. 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. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate disciplinary measure. 5. The level of misconduct may differ in individual cases frbm apparently similar 41 incidents. The ab/retains the dght to treat each occurrence on an individual basis without creating-a precedent for situations which may adse in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained dghts of the City, but are to be used as a guide. The failure of immediate supervisors to document and/or take disciplinary actions · for misconduct, or the failure to forward the completed disciplinary documents to Personnel, shall serve as grounds for disciplinary action. EXAMPLF~:; OF MISCONDUCT: The following types of infractions, offenses, or misconduct shall represent employee noncompliance with rules, regulations, poi,des, practices or procedures of the City or the . Department, or employee wrongs or offenses which violate permissible behaviors or are specifically prohibited by law. The listed reasons are for informational purposes only and are not meant to be exhaustive. Each disciplinary action shall be considered on a case- by-case basis. The following are examples of violations which shall result in discipline and the progressive discipline actions which may accompany the violations: Conduct unbecoming of a ab/employee. Conduct unbecoming a City Employee means: Employee behavior or actions on the part of the employee which hinder or jeopardize the successful operation of the City, undermine teamwork and cooperation among ab/employees, or undermine the public confidence in the City or its employees. Violation or disregard of City's Safety policy and procedures including: a. careless use of vehicle or equipment b. failure to use all safety restraints when riding in or operating a City vehicle; c. failure to wear and/or use prescribed uniforms or equipment. Abuse of Personnel policies including, but not limited, to: a. abuse of sick leave privileges, sick leave policy or excessive absenteeism failure to notify Department and/or Personnel of current address and telephone number within ten (10) calendar days of change failure to report any outside employment. Abuse of departmental procedures and work rules including: 42 failure to provide name and official tiUe to any person requesting same when performing work related duties habitual extension of lunch periods or break period habitually late for work without valid reason smoking in prohibited areas unauthorized solicitation, posting of material, or non-productive behavior, Documented failure of a supervisor to perform duties required of supervisory employees including recommending and/or taking disciplinary actions when necessary. NOTE 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. OFFENSE TYPE 15-1' OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE MISCONDUCT COUNSELING WRI'n'EN SUSPENSION REPRIMAND WITHOUT PAY OR DISMISSAL SERIOUS MISCONDUCT Violation or disregard of City's Safety policy and procedures induding: a. continued misuse of equipment or negligence resulting in injury to self, others, or damage to City equipment or property b, horseplay potentially hazardous to life or property c. unauthorized use or unsafe operation of C~y property, equipment or vehicle. Abuse of Personnel policies including: a. threatening a co-worker or supervisor- b. use of abusive language to or about an employee, supervisor, or the public c. insubordination, meaning the failure to recognize or authority of a supervisor. Abuse of departmental procedures and work rules including: 43 co-worker, accept the sleeping on the job abSent without calling in to department within one hour of shi~c start time disrupting or hindering departmental operations failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status outside employment which conflicts, interferes or otherwise hampers the performance of the employee in their aty job 4. INEFFICIENCY OR INCOMPETENCY The inefficiency or incompetency in the performance of assigned duties may result in demotion, or disciplinary addon up to and including termination. Examples of poor. performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals, and contribute to team success. Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet Standards" evaluation (rating of I or 2) shall be given a follow-up evaluation within 60 days of the initial "Partially Standards" or "Does Not Meet Standards" evaluation, More than one overall rating of "Below Standards" may subject the employee to demotion or disciplinary action up to and including termination, It is the responsibility of every employee to perform at a minimum level of "Meets Standards", as outlined in the Incentive Pay System Policy, The following chart outlines the progressive discipline for three occurrences of serious misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE ~.ST OCCURRENCE 2ND 'OCCURRENCE 3RD OCCURRENCE SERIOUS WRII-rEN SUSPENSION DISMISSAL MISCONDUCT REPRIMAND OR WITHOUT PAY OR SUSPENSION DISMISSAL WITHOUT PAY 44 EXTREME MISCONDUCT 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 vehicle or equipment without a proper and valid driver's license. e. failure to report the revocaUon or suspension of a driver's license when employment involves driving. Abuse of Personnel policies including, but not limited to: a. possession of a firearm or concealed weapon on City property or while performing official City duties, without wdtten permission from Department Director (excluding law enforcement officers) b. gambling during work hours suspension or revocation of any required job-related licenses or certifications. c. refusal to sign a disciplinary form Abuse of departmental procedures and work rules including: a. unauthorized personal use of aty equipment or funds b, conducting personal and/or private business on City time; improper use of City time for such activity c. falsifying attendance records d. other department rules as communicated by director/supervisor, Illegal, unethical or improper acts including: a. theft or removal of City property without proper authorization b. falsifying employment application or concealing information during pre-employment screening or processing c. soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Florida Statutes d. giving false information, or failure or refusal.to fully cooperate or provide full, truthful information in City initiated investigations 45 fe possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test possession or use of alcohol while on duty; or reporting to work under the influence of alcohol refusal to partidpate, if offered, in a drug/alcohol rehabilitation pmgram refusal to §ubmit to a City required drug or alcohol test falsifying or a[tempting to falsify a City-ordered drug test violating the City's Sexual Harassment policy through interaction with another employee or a member of the public conviction of a felony (induding non-work related). -The following chart outlines the progressive discipline for two inddents of extreme misconduct. If misconduct or sedous misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1ST OCCURRENCE 2"u OCCURRENCE EXTREME OR SUSPENSION DISMISSAL UNLAWFUL WITHOUT PAY OR MISCONDUCT DISH)SS_AL PROCFr)URE FOR DISCIPLINARY ACTION 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, or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. Personnel will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. Administrative Review: Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the excepUon of Police Department employees. These investigaUons shall be conducted by the Department Director and Personnel, who shall, obtain all suffident informaUon, including documentaUon and/or swom statements, in 46 order to determine the necessity or level of disciplinary action. Personnel shall assume responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. Cdminal Investigations: Investigations conducted when criminal violations are reportedly committed by any employee of the City. These investigations shall be conducted by the Police Department, in collaboration with the Department Director of the involved employee. [n instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or cdminal investigations shall be conducted pdor to the effective date. The immediate 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 Personnel Director. This practice may also be used in the event that alleged misconduct is severe but unproven. The immediate supervisor shall immediately notify the Department Director and Personnel after the suspension is issued, so that the matter can be investigated at once. A recommendation for disciplinary action may result from the findings of an investigation. [f 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 em ployee's record.. TYPES OF DISCIPLINARY ACTION: Counseling - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetition of employee behavior. Future violations will result in discipline up to and including termination. A Counseling Memorandum should be completed by the immediate supervisor. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. 47 The Counseling Memorandum shall be forwarded to Personnel for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. Written Reprimand - Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits, or behavior. A written reprimand should include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits, or performance which require improvement; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Wr'~ten reprimands shall be signed by the employee to acknowledge receipt and forwarded to Personnel for retention in the employee's records, with a copy provided to the employee. Employees may submit comments for indusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvement, a follow-up discussion at the end of the designated time period should be conducted. This follow-up discussion will provide a specific opportunity to review the employee's improvement relative to the discipline. Written reprimands should be reflected on the employee's performance evaluation along with any noted improvements. Suspension Without Pay - Consists of an employee being prohibited from returning to work until the specified pedod of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. Suspensions without pay shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of progressive discipline support a suspension withoUt pay for a specified period of time. Any time an employee is suspended for discipline, the suspension shall be without pay. 1. With the written authorization of the Department Director and Personnel, immediate supervisors have the authority to issue a suspension without pay for three working days or less. 48 2. Suspensions without pay beyond three working days require prior concurrence by Personnel, review by the City Attorney's Office and authorization by the City Manager's Office. 3, Employees being suspended without pay shall be notified in wdting by the immediate supervisor. The written notification shall consist of the reason for the a~on and the duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. 4. Employees may submit comments for inclusion in the record. Wdtten notification of a suspension shall be signed by the suspended employee acknOwledging receipt of the wr'~ten notification, and forwarded to Personnel for inclusion in the employee's records, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. D. Demotions - In the context of this policy, demotion consists of an employee being involuntarily removed from higher level classification to a lower level classification, with a resulting decrease in salary. Although not limited to such instances, demotions may occur in some cases because of an inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions, such as Iicensure or certification. In addition, probationary employees shall be subject to demotion without the City being required to state a reason. The probationary employee shall not have access to any appeal process with' regard to the demotion. Immediate supervisors should discuss the potential demotion of an employee with their chain of command and the Personnel Department prior to a wdtten recommendation for demotion. The Department Director shall then submit the written recommendation to the City Manager through Personnel . Demotions require concurrence from Personnel , review by the City Attomey's Office and authorization from the City Manager pdor to being effected. Written notification of demotions shall be provided to the employee by the Department Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination of employment. 49 All documentation of a demotion shall be retained in the employee's file in the Personnel Department. A copy of the wdtten notification of demotion shall be forwarded to the Finance Department for payroll purposes. Employees may request a demotion to a lower level dassification voluntarily. Such demotion shall not be punitive. Employees may submit comments for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the wdtten notification, and forwarded to Personnel for inclusion in the employee's records. Dismissal - Dismissal is a result of an employee's involuntary termination which severs the employment~ relationship. At such time all employee benefits cease, except as otherwise provided by law. Immediate supervisors shall supply thorough documentation and discuss recommendations for an employee's dismissal with their chain of command and Personnel. Upon receiving a wdtten recommendation from the supervisor, the- Department Director shall submit the documentation to Personnel. Dismissals shall be effected only with the concurrence of Personnel, review by the City Attorneys Office and authorization by the City Manager. A written notice of recommended termination shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, then the notice shall be sent via U.S. mail to the most recent address on record in the personnel file. The recommendation shall include the following information: 1. The underlying reasons for the recommended termination. 2. Documentation upon which the Department Director relied in formulating said recommendation. 3. An explanation of his/her rights to request an Predetermination Hearing prior to termination taking effect and the fact that the decision of the City Manager shall be final. The dismissal recommendation and the City Manager's final decision shall be placed in the employee's Personnel file, and a copy shall be forwarded to the em ployee and his/her Department Director. Employees may submit comments for inclusion in their Personnel file. 50 Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Personnel. At the time of dismissal, employees are required to surrender to their Department Director or designee, all City property which may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final check. RIGHT TO PRFDETERMINATION HEARING: Prior to the effective date of any suspension without pay of five days or more, or a termination, the City shall conduct a predetermination hearing. The predetermination hearing shall be conducted by the Personnel Director and the City Manager's designee. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the- predetermination hearing by a representative or his or her choice. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee~ Following the predetermination hearing and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Personnel Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and at the same time establish the suspension or termination date(s) if appropriate. EMPLOYEE APPEALS Probationary employees shall not have the right to appeal any type of disciplinary action. Regular employees may respond to discipline actions of counseling, written reprimand and suspensions with or without pay, of less than five (5) workdays, or demotions, by requesting administrative review by the Personnel Director. Such request shall be made within ten (10) calendar days of the imposition of the discipline. The Personnel Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Personnel Director's disposition shall be made within thirty (30) days of the employees request for review. The Personnel Director's disposition is final and not subject to further review. 51 Regular employees have the dght 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. .The City and the employee may waive the selection process by mutually agreeing to the appointment of ah arbitrator. If there is no waiver the C'~, shall request a panel of five arbitrators from the American Arbitration Assodation 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. The arbitration shall be scheduled within forty-five (45) days of the date of appointment of the arbitrator. Continuances shall not be granted except for good cause and in any event, not more than one continuance shall be granted to either the employee or the City. J The decision of the arbitrator-shall be made within twenty (20) days following the close of the arbitration or submission of written bdefs, whichever occurs last. 7. The decision of the arbitrator is binding and final. The arbitrator may not modify the discipline but shall either sustain or reverse the discipline. The arbitrator's charges, including fees and costs shall be paid in full by the losing party. Each party shall be responsible for their own attomey fees, if any. 52 CHAPTER: 27 FORHAL GI~EVANCES It shall be the general policy of the City to anticipate and avoid occurrence of valid complaints or grievances, and to deal promptly with any which may arise. Except where there is an acceptable reason for not doing so, all matters of this nature will be handled and transmitted through supervisors in the following order, according to the department's chain of command: PURPOSE Immediate Supervisor Departmel~t Director Personnel Director or his/her designee The pdmary purpose of this grievance procedure is to determine what is right rather than who is dght. Free discussion between employees and supervisors will lead to better understanding by both practices, policies and procedures which affect employees. Discussion will serve to identify and help eliminate conditions which may cause misunderstandings and grievances. This purpose is defeated if a spidt of conflict enters into the consideration of a grievance. Supervisors and employees alike must recognize the true purpose of the grievance procedure if it is to be of value in promoting the well- being of the City. Personnel Director shall establish rules for the processing of grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a grievance. Grievances are to be initiated by employee within ten (10) days of the event giving rise to the grievance, or the grievance is waived. Once initiated the time sequence for review and response to the employee should not excccd twenty (20) working days. The derision of the Personnel Director regarding disposition of the grievance is binding and not subject to further review. 53 NOT APPLICABLE UNTIL APPROVED BY CITY COMMISSION 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 CHAPTER: 28 EMPLOYMENT OF RELATIVES PURPOSE: To set guidelines regulating the employment of relatives of elected officials or City employees. BASIC REOUIREMENTS: 1. Compliance with state law nepotism rules. Elimination of hidng practices which result in conflicts of interest, favoritism or the appearance of impropriety. PROCEDURES: No person may be hired into the same department in which he/she has an "immediate family" member working, if one supervises or evaluates the other. No person may be transferred into a department in which he/she has an "immediate family" member working, if one supervises or evaluates the other. Provisions of this Policy will not affect persons employed and assigned at the time this Policy goes into effect. Persons becoming husband and wife while working within the same department may not both continue their employment in the same respective department, if one supervises or evaluates the other. The provisions of Rodda Statute 112.3135, regarding nepotism shall control over any provision of this Policy. NOT APPLICABLE UNTIL APPROVED BY. CITY COMMISSION 5 6 7 8 9 10 11 12 13 14 15 16 t7 t8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ~ 36 37 38 39 CHAPTER: 29 SEXUAL HARASSf. tENT PURPOSE The City of Boynton Beach is committed to providing a work environment that is free of sexual harassment. Actions, words, jokes or comments based on an individual's sex will not be tolerated. Sexual conduct (both overt and subtle) is a form of employee misconduct that is demeaning to another person, undermines the integrity of the employment relationship and is strictly prohibited. Provisions are hereby established to provide for effective complaint procedures available to all employees for investigations of alleged sexual harassment. Violations of this policy will result in disciplinary actions up to and including termination. Further, it is the City's policy to act affirmatively to dissuade such practices through communication, training, and other appropriate methods to sensitize the employees to seXual harassment issues. DEF[NI-I'[ON Sexual Harassment is defined as unwelcome sexual' advances, requests for sexual favors and/or other verbal or physical conduct of a sexual' nature which creates a hostile or intimidating environment. Sexual harassment does not refer to occasional compliments of a socially acceptable nature or welcome social relationships. Unless the conduct is blatantly offensive, a single inddent or remark does not generally create a hostile environment. Sexual harassment indudes sexual advances and suggestions where: 1. Submission to such conduct is either an expressed oF implied term or condition of employment. 2. Submission to or rejection of such conduct is used as a basis for an emPloyment decision affecting the harassed person. 3. The conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment. The policy prohibits behavior that is not welcomed by the employee and is personally offensive such as, but not limited to: 1. Sexual flirtations, advances or propositions. 55 NOT APPLICABLE UNTIL APPROVED BY CITY COMMISSION 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 Verbal abuse of a sexual nature, sexually related comments and joking, graphic, or degrading comments about an employee's appearance, or the display of sexual objects or pictures. Any uninvited physical contact or touching, such as patting, pinching or intentionally brushing against another's body. PROVISIONS All levels of supervisors share responsibility for communicating this policy, for recognizing, responding and taking corrective actions, and/or preventing sexual harassment of City employees. Employees who feel they are a victim of sexual harassment have an obligation and a duty to advise the individual instigating the sexual harassment that the conduct or behavior is unwelcome and offensive, ff the behavior continues, the employee should immediately report the behavior to their own supervisor or Director of Personnel. The individual instigating the sexual harassment may not necessarily be another employee, co-worker, or supervisor, but may also be any other person conducting business for or with City employees. PROCEDURES 1. Employees should report their sexual harassment complaint immediately. employee has the option of reporting the complaint as follows: The w to their supervisor or department director, or to the Director of Personnel or Personnel Department designee. If the supervisor or department director is the person accepting the complaint, he/she or she will notify the Director of Personnel ofthe complaint. The Director of Personnel will begin coordinating and conducting the investigation process in a timely manner. A written statement will be requested of the complainant. The City will provide an administrative response in a timely and reasonable manner (within 30 days, if possible). The response will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved in the sexual 56 NOT APPLICABLE UNTIL APPRO D BY CITY COMMISSION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 .7 ,8 19 20 21 6. 7. 8. 9. harassment. If the employee perceives the situation to be threatening, that employee may .request authorization to.use accrued Annual Leave or Leave Without Pay or a job transfer. Approvals will be determined on a case by case basis. Disciplinary and/or corrective actions shall be imposed based upon the severity of confirmed sexual harassment. Confidentiality shall be maintained to the extent allowed by law to the persons involved in any investigation of a complaint. Unnecessary disclosures shall be prohibited. Employees exercising their fights by filing a complaint in good faith will not be~ retaliated against by the City regardless of the findings of the investigation. However, any employee found to have provided false or misleading information or does not fully cooperate with an investigation when filing a complaint may be subject to disciplinary action. Administrative operating procedures as determined by the Director of Personnel for this policy shall be applicable. 57 NOT APPLICABLE UNTIL APPROVED BY CITY COMMISSION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 CHAPTER: 30 EFFECTIVE DATE OF POLICIES The effective date of this policy will be March 30, 1998. The policies shall be applicable to all employees hired after March 30, 1998, and to ali employees hired before March 30, 1998, if that employee files a {vritten election, on or before 3une 1, 1998, to be covered by these policies and not by Civil Service Rules and Regulations. PPM final Policy- 12/11197 Rev. 12/12197, 12/15/97 58 Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box310 Boynton BeacR Florida 33425-0310 City Hal~ (561) 375-6000 FAX: (561) 375-6090 NOTICE OF CITY COMMISSION WORKSHOP MEETING TUESDAY, DECEMBER 30, 1997 AT 6:35 P.M. CONFERENCE ROOM "C", WEST WING CITY HALL BOYNTON BEACH, FLORIDA In accordance with Section 56 of the City Charter of the City of Boynton Beach, you are hereby notified of a City Commission Workshop meeting on Tuesday, December 30, 1997 at 6:35 p.m .to discuss: PR OPOSED PERSONNEL RULES AND REG ULA TIONS FR OM LABOR MANAGEMENT COMMITTEE Jamip4~tcomb, Vice Mayor Matthew H. Bradley, Commissi e~_~.~ Sh~rleff Jaskiewi~z, .~9mmissioner Henderson Tillman, Commissioner mas 12/23/97at 2:30 p.m. c: City Manager, City Attorney, City Commission, Information Officer, Facilities, Central Files j :',sh rdata\cc\wp~special meetings\workshop.doc America's Gateway to the Gulfstream