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03-047ORDINANCE 03- Oq AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE PERSONNEL POLICY MANUAL OF THE CITY OF BOYNTON BEACH; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on February 2, 1998, by Ordinance 098-06, the City Commission of :he City of Boynton Beach, adopted a Personnel Policy Manual for the City of Boynton 3each, which document was further amended by Ordinance No. 098-34 dated September 3, [998, Ordinance 098-44, dated December 1, 1998 and Ordinance 02-031, dated August 6, ~.002; and WHEREAS, the Human Resources Director is charged with the responsibility of · eviewing the document on a continual basis and making recommendations for amendments to the policies from time to time, to correctly reflect the intent and purposes of the City's )ersonnel program; WHEREAS, t he Human Resource Director with the assistance of administrative ;taff has undertaken a comprehensive review of the PPM and has recommended numerous :hanges as delineated on the Summary of Changes, which is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF tHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the Personnel Policy Manual (PPM) is hereby amended to incorporate all of the amendments as reflected on the Summary of Changes, which is attached hereto as Exhibit "A" and made a part hereof. Section 2. That the PPM, which is attached hereto as Exhibit "B" and made a 3art hereof; has been reorganized and recodified for easier access to information. Section 3. Should any section or provision of this ordinance or portion hereof, Lny paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. S:\CA\Ordinances~,dministrative\PPM Amendments Rev081103.doc Section 5. Section 6. )ccurred: Authority is hereby granted to codify said ordinance. This Ordinance shall become effective when the following has (a) Immediately upon passage for all employees not covered by a collective bargaining unit; and (b) For those employees covered under a collective bargaining agreement, when a collective bargaining agreement ratifying the foregoing changes to the Personnel Policy Manual has been ratified by the City Commission and the bargaining unit, or their successor organization. FIRST READING this I~] dayofAugust, 2003 SECOND, FINAL READING and PASSAGE this ~ day of CITY/~F BOY~JK)N B/i~ACH, F. LORIDA S:XGAXOrdinan~s~dministrativeXPPM Amendments R~v08~ ~ 03.doc £xk;b;+ "fi" PERSONNEL POLfCY MANUAL C:]:T~ OF BOYNTON BEACH TMpORT&NT N _I~TTCF Many of the policies conI-nin~rl in this manua! are based on legal prouisions, interpretations o? !aw, and employee relations principles, al! of which are subject to change_ For this reason, this manual is considered to be n g,,ideline and is sub?ct tO change with !itt!e _n_otjrn This manu¢! does ~?o~_ rnns~_i~_u~_e ¢ COtT~_t'~_C~_ Of em,nlnymen~_ Nothing in this manual shah be construed to constitute a contract The City has the right, at its discretion, to modify this handbook at any time Nothing herein limits the city's rights tO terminnte ~mnlnvm¢nt' 1 2 T~RI; ti_l= CONTI:NT._~ 3 Page 4 I. GENERAL PROVISIONS ................................................................................................... 4 5 01. Purpose of These Policies .......................................................................................................... 4 6 Positions covered by these policies ............................................................................................... 4 7 Approval of Policies ..................................................................................................................... 4 8 Amendment of Policies ................................................................................................................ 4 9 Codification ................................................................................................................................. 4 10 02. Organization for Personnel Administration .................................................................................. 4 11 City Commission: ........................................................................................................................ 4 12 City Manager .............................................................................................................................. 5 13 Human Resources Director: ......................................................................................................... 5 14 03. Equal Employment Opportunity Statement ................................................................................. 6 1 § 04. Harassment ............................................................................................................................. 6 16 Provisions ................................................................................................................................... 7 17 Procedures ................................................................................................................................. 7 18 05. Violence in the Workplace ......................................................................................................... 8 19 06. Drug and Alcohol Use ............................................................................................................... 8 20 07. Americans with Disabilities Act (ADA) ........................................................................................ 9 21 08. Effective Date of Policies ........................................................................................................... 9 22 II. EMPLOYMENT ............................................................................................................ 10 23 01. Types of Employees ................................................................................................................ 10 24 02. Recruitment and Selection ...................................................................................................... 10 25 Procedures ............................................................................................................................... 11 26 03. Employment of Relatives ......................................................................................................... 13 27 04. Hours of Work ........................................................................................................................ 13 28 05. Personnel Information / Employee Files .................................................................................... 13 29 06. Probationary Period ............................................................................................................ 14 30 New Hire (Full-time): ................................................................................................................. 14 31 Promotion from Part-Time to Full-Time: ...................................................................................... 14 32 Promotion to a Higher Graded Position: ...................................................................................... 14 33 Transfer to a different position, whether in the same or a lower grade: ........................................ 14 34 III. COMPENSATION ........................................................................................................ 15 35 01. Overtime ............................................................................................................................... 15 36 02. Callback and On Call ............................................................................................................... 15 37 03. Compensatory Time ................................................................................................................ 15 38 04. Demotions / Transfers ............................................................................................................ 16 39 Demotions ................................................................................................................................ 16 40 Transfer ................................................................................................................................... 16 41 05. Incentive Pay System ............................................................................................................. 16 42 Eligibility ................................................................................................................................... 16 43 06. Bonus Awards ....................................................................................................................... 16 44 07. City Manager Incentive Program .............................................................................................. 17 45 IV. BENEFITS .................................................................................................................. 18 46 01. Legal Holidays ........................................................................................................................ 18 47 02. Vacation Leave ....................................................................................................................... 18 City of Boynton Beach 2 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 03. Sick Leave with Pay ................................................................................................................ 19 04. Bonus Days ............................................................................................................................ 20 Accrual ..................................................................................................................................... 20 05. Leave With Pay ...................................................................................................................... 2! .lury Duty/Witness Fees: ............................................................................................................ 2! Military Leave: .......................................................................................................................... 21 Disability: ................................................................................................................................. 21 Workers' Compensation: ............................................................................................................ 22 Compassionate Leave: ............................................................................................................... 22 Management Authorized Leave: ................................................................................................. 23 Authorized Training Leave: ........................................................................................................ 23 06. Leave Without Pay ................................................................................................................. 23 07. Family and Medical Leave Act .................................................................................................. 24 A. Entitlement ........................................................................................................................... 24 B. Continuation of Benefits ........................................................................................................ 24 C. Definitions ............................................................................................................................ 25 D. Requirements ....................................................................................................................... 25 E. Notice .................................................................................................................................. 26 08. Longevity Benefits .................................................................................................................. 27 Eligibility ................................................................................................................................... 27 Benefit ..................................................................................................................................... 27 Procedures ............................................................................................................................... 27 DROP Plan Participants .............................................................................................................. 27 09. Retirement Benefit ................................................................................................................. 28 V. PROFESS:[ONAL DEVELOPMENT ................................................................................... 29 01. In-Service Training ................................................................................................................. 29 02. Tuition Assistance ................................................................................................................... 29 03. Employee Technical Certification ............................................................................................. 29 VIL D1;SCTPLfNE ............................................................................................................... 31 01. Disciplinary Actions ................................................................................................................. 31 Examples of Misconduct ............................................................................................................ 31 Misconduct ............................................................................................................................... 32 Serious Misconduct .................................................................................................................... 33 Extreme Misconduct .................................................................................................................. 33 Procedure for Disciplinary Action ................................................................................................ 34 Types of Disciplinary Action: ...................................................................................................... 35 Right to Predetermination Hearing ............................................................................................. 37 Employee Appeals ..................................................................................................................... 37 02. Formal Grievances .................................................................................................................. 38 V1~:[. RES1~GNA-I-~ON / TERMINA'I-~ON ................................................................................. 39 01. Resignation/Termination ......................................................................................................... 39 Termination Pay ........................................................................................................................ 39 02. Lay-Off .................................................................................................................................. 39 V:E:[. APPEND;IX ............................................................................................................... 40 01. DEFIN:t-I'~ONS .......................................................................................................................... 40 02. INDEX .................................................................................................................................... 42 City of Boynton Beach 3 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 20 2~ 22 23 24 25 2~ 27 28 2~ 30 3~ 32 33 34 35 3~ 37 38 3~ 40 4~ 42 43 44 45 46 47 4~ 4~ GENERAL PROVI~SIONS 0:1.. Purpose of These Policies These policies are to provide guidance for the administration of the City's Personnel program. It is the intent of these policies that City employees will be dealt with on an equitable basis, so that the citizens of the City may derive the benefits and advantages that can be expected to result from a competent staff of City employees. Positions covered by these policies A. These policies shall apply to all non-contract employees. These policies apply to union employees only when they are incorporated or referenced (in whole or in part) in the union employees' collective bargaining agreement These policies apply to employees with individual contracts only to the extent they are incorporated by reference in the employee's contract. B. An employee who is promoted or reclassified from positions previously covered by bargaining unit agreements or by any previous rules or regulations into positions affected by these policies, shall be considered covered by these policies effective as of the date of the promotion or reclassification. Approval of Policies These policies shall be in force and effect when approved by Ordinance of the City Commission. the event of any conflict between these rules and any other existing policies, rules or regulations which are in conflict with these policies, these policies shall prevail. Amendment of Policies These policies may be amended from time to time by Ordinance of the City Commission, unless another means of amendment is specified in this document. Codification The City Administration, from time to time, reserves the right to re-codify the Personnel Policy Manual to facilitate its use. 02. Organization for Personnel Administration City Commission: The City Commission shall: A. Have the power to approve or amend the Policies on its own initiative or on after receiving a recommendation from the City Manager. B. Ratify letters of appointment when required by the City Charter. City of Boynton Beach 4 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 9 10 11 12 13 ~7 20 2~ 22 2~ 32 35 3~ 4~ 44 47 52 55 5~ 57 58 City Manager The City Manager shall: A. Be responsible to the City Commission for the administration of the personnel system. B. Appoint, promote, transfer, remove, demote, suspend, or discipline all subordinate employees. The City Manager may, in his/her discretion, delegate administrative authority to the Human Resources Director or Assistant City Manager to approve personnel actions. The Manager may enter into letters of appointment to hire or retain exempt status management employees under such terms and conditions as the City Manager deems necessary to hire or retain competent management personnel. Ratification of letters of appointment by the City Commission is not required unless otherwise required by the City Charter. C. Perform such other duties and have and exercise such other powers in personnel administration as is vested in the City Manager by the provisions of the City Charter, applicable law and these policies. D. Appoint a Human Resources Director who shall be responsible to the City Manager for the of the City's Personnel program. Human Resources Director: The Human Resources Director shall: A. Administer the provisions of these policies. B. Develop and administer recruitment and examination program to source competent applicants to meet the needs of the City. C. Develop, administer and maintain job descriptions that reflect the duties being performed by each employee. D. Perform a periodic review of compensation levels in the area to the extent that such levels affect City employment. E. Provide forms and/or procedures as necessary, appropriate or desirable to carry out the personnel program. F. l~n cooperation with the City Manager and various department heads, develop and establish training and educational programs for employees as conditions warrant. G. Perform Human Resources administration activities consistent with the City Charter or these policies, as the City Manager may direct, or as may be required by Ordinance. H. Prepare and recommend policies or amendments to the policies as necessary or advisable to carry out the intent and purposes of the City personnel program. I. Administer Benefit Programs 3. Review the Human Resources Policy Manual not less than bi-annually and file a written report with the City Clerk. Administer the Performance Appraisal Program. 5 City of Boynton Beach Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 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 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 03. Equal Employment Opportunity Statement The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, disability (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, veteran status and/or other protected class status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. 04. Harassment The City of Boynton Beach is committed to providing a work environment that is free of unlawful harassment and discrimination. Harassment (both overt and subtle) is a form of discrimination where a person is subjected to a hostile or offensive work environment because of threatening, intimidating, embarrassing, or other offensive behavior based on race, religion, age, disability, sex, national origin, sexual orientation, or other protected class status. Unlawful harassment is a serious offense. Any employee who engages in such conduct or encourages such behavior by others shall be subject to disciplinary action up to and including dismissal. By way of illustration, but not limitation, the following shall constitute inappropriate workplace behavior: 1. Disparaging remarks (written or verbal) of a discriminatory nature. Includes slurs toward a protected group; 2. Jokes targeting a protected group, as well as jokes or comments or a sexual nature; 3. Posters, flyers, personal attire, etc., designed to promote discrimination or harassment of a protected group; 4. Disparate treatment of individuals in the protected categories involving recruitment, promotional opportunities and application of policies, procedures and regulations; 5. Acts of violence, threats of violence, or other harmful or offensive behavior intended to promote a hostile work environment because of an individual(s) membership in a protected group; 6. Sexual harassment can include unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or intimidating environment. The policy prohibits behavior that is not welcomed by the employee and is personally offensive such as, but not limited to: · Sexual flirtations, advances or propositions. · Verbal abuse of a sexual nature, sexually related comments and joking, graphic, or degrading comments about an employee's appearance, or the display of sexual objects or pictures. · Any uninvited physical contact or touching, such as patting, pinching or intentionally brushing against another's body. City of Boynton Beach 6 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Provisions All levels of supervisors are responsible for communicating this policy, and for recognizing, responding, taking corrective actions, and/or preventing the harassment of City employees. Employees who feel they are a victim of harassment have an obligation and a duty to advise the individual instigating the harassment that the conduct or behavior is unwelcome and offensive. If the behavior continues, the employee is req,!ir~d tn_ immediately report the behavior to their own supervisor or to Human Resources. The individual instigating the harassment may not necessarily be another employee, co-worker, or supervisor, but may also be any other person conducting business for or with City employees. Procedures 1. Employees should report their I harassment complaint immediately. The employee has the option of reporting the complaint as follows: a. to their supervisor or department director, or b. to the Director of Human Resources or a Human Resources department designee. 2. If the supervisor or department director is the person accepting the complaint, he or she will notify the Director of Human Resources of the complaint. 3. Human Resources will begin coordinating and conducting the investigation process in a timely manner. A written statement will be requested of the complainant. 4. The City will provide an administrative response in a timely and reasonable. The response will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved in the harassment. 5. Tf the employee perceives the situation to be threatening, that employee may request authorization to use accrued Annual Leave, Leave Without Pay or a job transfer. Approvals will be determined on a case-by-case basis. 6. Disciplinary and/or corrective actions shall be imposed based upon the severity of confirmed harassment. 7. Confidentiality, to the extent permitted by law, shall be maintained to the extent allowed by law to the persons involved in any investigation of a complaint. 8. Employees exercising their rights by filing a complaint in good faith will not be retaliated against by the City regardless of the findings of the investigation; however, any employee found to have provided false or misleading information or does not fully cooperate with an investigation when filing a complaint may be subject to disciplinary action. 9. Administrative operating procedures as determined by the Director of Human Resources for this policy shall be applicable. City of Boynton Beach 7 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 05. Violence in the Workplace The City of Boynton Beach maintains a zero tolerance policy toward workplace violence, ft is the intent of the City to provide a workplace free from intimidation, threats, or violent acts. 1. Violence, or the threat of violence, by or against any employee of the City of Boynton Beach is unacceptable and violates City policy, and will subject the perpetrator to serious disciplinary action up to and including termination, and criminal charges. 2. Possession, use, or threat of use, of a weapon, including any type of firearm, is not permitted at work, or on City property, including City vehicle, unless such possession or use of a weapon is a necessary and approved job requirement. 3. Any person who exhibits unusual behavior or makes threats, exhibits threatening behavior, or engages in violent acts on City property shall be removed from the premises as quickly as safety permits, and shall remain off the City's premises pending the outcome of an investigation. 4. All City personnel are responsible for notifying a supervisor of any threats, which they have witnessed, received, or have been told that another person has witnessed or received. a. Even without an actual threat, personnel should report any behavior they have witnessed which they regard as threatening or violent. b. Failure to notify a supervisor of such activity will subject the employee to serious disciplinary action up to and including termination, and criminal charges. 5. No employee acting in good faith, who reports real or implied violent behavior will be subject to retaliation or harassment based upon their report. 6. The actions of a supervisor, manager, or other employee will be dependent upon the seriousness of the situation. However, consistent with personal safety, managers and supervisors have a responsibility to make a good faith effort to defuse violent or potentially violent situations as quickly as possible in order to prevent their escalation and creating a threat to others. 06. Drug and Alcohol Use The City of Boynton Beach does not tolerate illegal drug usage and drug or alcohol abuse. This prohibition includes the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in or away from the workplace. Any employee who violates this policy is subject to disciplinary action up to and including dismissal. (See Chapter Vff.01 Disciplinary Actions.) The City recognizes drug dependency as an illness and a major health problem. Consequently, it provides an Employee Assistance Program (EAP) that offers short-term counseling and assessment and referral services to an employee or an employee's immediate family members. Drug and alcohol testing for employees will be performed in accordance with City policy and as required to meet Department of Transportation requirements. City of Boynton Beach 8 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 07. Americans with Disabilities Act (ADA) The City of Boynton Beach as an employer has a responsibility to ensure that all applicants and employees are treated fairly in all aspects of employment. ~[t is the policy of The City of Boynton Beach to provide a workplace free from unlawful discrimination in which all applicants and employees have equal opportunity in all areas of employment. To this end, it is the policy of the City to fully comply with the Americans with Disabilities Act (ADA). 08. Effective Date of Policies The original effective date of the PPM is March 30, 1998, as amended. City of Boynton Beach 9 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 EMPLOYMENT 01. Types of Employees City employees are divided into two groups: contract employees and non-contract employees. 1. Contract employees means either individuals hired by direct, Letter of Appointment, or individuals who are covered by a collective bargaining agreement. Senior management positions shall be hired by the City IVlanager by Letters of Appointment. Salary, benefits and other terms and conditions of employment shall be negotiated on an individual basis. The Letter of Appointment shall specify which provisions of the PPM apply to the employee. 2. Non-contract employees means employees who are not otherwise designated as contract employees. 02. Recruitment and Selection In order for the City to be operationally competitive with other governmental entities as well as the private sector, the recruitment and retention of qualified employees is of paramount importance. To achieve maximum efficiency the City must have the flexibility to fill vacancies through either promotion or outside hiring. Vacant positions shall be filled in the best interests of the City through recruitment, selection, and promotion of employees on the basis of their qualifications and relative knowledge, abilities, and skills. Basic Requirements 1. Human Resources is responsible for the nondiscriminatory implementation of this policy. 2. Each department is responsible for assisting the Human Resources Department with recruitment, interviews, tentative selections, and recommendations for appointment. Departments have no authority to modify or waive the provisions of the PPH. 3. Human Resources has primary responsibility for hiring employees. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of employment made to an individual prior to obtaining all necessary authorizations shall not be binding on the City. City of Boynton Beach 1 0 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 5 6 7 10 11 12 13 16 17 18 21 24 27 28 31 32 35 3~ 39 40 41 42 43 44 45 46 47 4~ 49 50 51 ~2 ~3 i4 Procedures ApPlications and Znterviews 1. Once Human Resources has offcially announced a job vacancy through the posting of an Employment Opportunity notice, the offcial recruitment process has begun. The recruitment process may be withdrawn for any position by the Director of Human Resources. 2. ~ndividuals desiring consideration for employment must submit an Application for Employment, or a resume to Human Resources. Employees are encouraged to submit applications for promotional opPortunities. All applicants submitting a resume and granted further consideration shall complete an Application for Employment. Veterans preference will be given in compliance with current legislation. Applications must be signed by the applicant. Falsification of any part of the Application for Employment or any related documents may-upon discovery, lead to the denial of an application, withdrawal of an offer of employment, or dismissal of the employee. All applications and resumes received by departments must be forwarded to Human Resources. Applications for employment may be accepted by the Human Resources Department when there are current vacancies for a specified position. When a vacancy occurs, previously submitted applications and resumes on file in Human Resources may be considered in addition to al/new applications and resumes received until the established closing date or until the vacancy is filled. Certain classifications may require applicable testing prior to being given consideration. Human Resources will administer tests required and ensure that passing scores are attained prior to forwarding an application to a department for consideration. Human Resources shall advise the appropriate Department Head of the eligible applications. Upon receipt of the eligible applications, the department should: a. Review and evaluate all applications and resumes based on, but not limited to relative qualifications, knowledge, abilities, skills, education, experience, and certifications or licenses required in accordance with current class specifications. b. Prepare an interview schedule and conduct interviews. Human Resources may assist in scheduling, contacting, or co-interviewing of applicants at the request of the department. c. Determine which candidate is most suitable for further consideration and proceed with additional interviews, if necessary. d. Determine that the applicant pool was sufficient prior to recommendation for employment. City of Boynton Beach Personnel Policy Manual 11 Effective Date: 03101198 Revised Date: 08/01/03 1 2 3 4 7 8 ~4 ~5 20 2~ 22 23 24 25 28 2~ 32 33 34 35 38 3~ 40 4~ 44 45 4~ 5~ 52 53 54 B. Selection, Reference Checks and the Recommendation Process 1. Once the interview process has determined suitable applicants, the department shall be responsible for checking references. No inquiry regarding criminal records, credit history or medical conditions shall be made at this step of the evaluation. 2. Human Resources may also conduct verifications regarding academic degrees, previous employers, character references. All information provided on the Application for Employment will be subject to verification as needed. 3. Once the results of reference checks and other verifications appear satisfactory, the department will be notified in order that processing may continue. 4. The department may then recommend an applicant for employment and submit the proper forms to Human Resources for processing. If the Department Director proposes a salary that exceeds the minimum of the position's pay range, written justification must be included for consideration of the salary. 5. Upon receipt of a recommendation for employment and in conjunction with a tentative offer of employment, a pre-employment physical, which may include a drug test, for the applicant is then scheduled. Medical examinations must be satisfactorily passed to determine fitness to perform the duties of the position. At this step of the hiring process, Human Resource, with the assistance of the Florida Department of Law Enforcement (FDLE) shall check the prospective employee for a criminal record and may obtain, following the requirements of the Fair Credit Reporting Act, the prospective employee's credit. 6. After acceptance of an applicant's physical examination and drug test results, criminal background check and credit check, if required, the Human Resources Director may authorize proceeding with the hiring process. 7. Tt is the City's intent to employ the most qualified applicant best suited for the position. Current employment with the City is a factor, but is not, in and of itself, determinative or controlling. C. Employment Acceptance 1. Employment acceptance must be made by the applicant within three (3) workdays of the department's employment offer, unless otherwise extended by Human Resources. Tf employment acceptance is declined, the department may consider another applicant from the recruitment's applicant pool, or the department may choose to begin a new recruitment. Employment Procedures shall be followed in either case. 2. The department must notify Human Resources of the tentative hire date. New employees must provide proof of work eligibility and verification of identity to the City. Human Resources will forward the necessary employee paperwork to the Finance Department for payroll purposes. D. Orientation Human Resources shall schedule and conduct a general orientation program for all new employees to explain the City's history and organization, to complete benefit program enrollments, and to stress the use of safe work practices. City of Boynton Beach 12 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 23 24 25 2~ 27 28 2~ 30 33 34 35 3~ 37 3~ 3~ 40 41 42 43 44 45 46 47 48 4~ 50 03. Employment of Relatives An employment decision that results in the hiring of a relative of another City employee must be in compliance with the Florida state law on nepotism. This policy is intended to eliminate hiring practices that result in conflicts of interest, favoritism or the appearance of impropriety. Ao No person may be hired into the same department in which he/she has an "immediate family" member working if one supervises or evaluates the other. No person may be transferred into a department in which he/she has an "immediate family" member working, if one supervises or evaluates the other. Provisions of this Policy will not affect persons employed and assigned at the time this Policy goes into effect. Persons becoming husband and wife while working within the same department may not both continue their employment in the same department, if one supervises or evaluates the other. D. The provisions of Florida Statute 112.3135, regarding nepotism shall control over any provision of this Policy. 04. Hours of Work Hours of work will be determined by Department Heads, subject to the approval of the City Manager and shall: A. be determined in accordance with the needs of the City, and B. take into account the reasonable needs of the public who may be required to do business with various City departments. 05. Personnel Information / Employee Files The official personnel file of each employee is maintained in Human Resources. All documents in the file, with certain exceptions, are subject to the Florida Public Records Law that requires information in the file be made available for review upon request. Documents/information exempted by this Law (with some exceptions, such as a Court Order) are: · Social Security Number · Medical information · Benefit :Information · Home Address and telephone number of sworn Police and Fire employees, inspectors, other employees designated in F.S. 119.07 and Human Resources employees. Spouse's work and children's school addresses and telephone numbers of these employees Employees must notify Human Resources in writing, within twenty (20) days, whenever they have a change of address or telephone number, or a change in the name, address or telephone number for their emergency contact. City of Boynton Beach 13 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 ~ 06. Probationary Period 3 ]:n order to determine that each employee is placed in a position most likely to result in a 4 successful career at the City, all newly hired or promoted employees shall be required to ~ complete a probationary period. ~ New Hire (Full-time): 9 Each new full-time employee must successfully complete a probationary period of twelve t~) months from the date of hire. t ~ Promotion from Part-Time to Full-Time: 14 Each promoted employee must successfully complete a probationary period of twelve months t~ from the date of promotion. 17 Upon successful completion of the probationary period, the probationary employee will be t~ considered a regular employee. ~) Promotion to a Higher Graded Position: 22 Each promoted employee must successfully complete a probationary period of six months from 23 the date of promotion. ~Vote. Applicants for promotion must have been in their current position ~ for a minimum of six months and have a Meets Standards or higher performance rating. ~ Transfer to a different position, whether in the same or a lower grade: 28 Each transferred employee must successfully complete a probationary period of six months 29 from the date of transfer. Probationary employees, whether in their first year as an employee or 30 in their six-month promotional probationary period have no property entitlement to their 31 position. 32 City of Boynton Beach 14 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 5 6 7 8 9 10 11 ~7 20 2~ 22 23 24 27 30 3~ 34 35 3~ 37 3~ 3@ III. COMPENSATION 01. Overtime Overtime pay for non-exempt employees may be given only for authorized or directed time worked in excess of 40 hours. Some sworn positions in the Police and Fire Departments may differ. Overtime will not be granted for less than a fifteen (15) minute period. In calculating overtime, only actual hours worked shall be counted. Provisions of the Fair Labor Standards Act shall be applied to resolve all overtime issues. 02. Callback and On Call Callback Callback is an unscheduled or emergency return to work outside of officially scheduled work hours or on a holiday or day off at the request of a Department Head. This is not overtime or holiday work scheduled in advance and regularly recurring call to duty. Any employee who has physically left work (punched out, etc.) and is called back to work by his/her Department Head or the Department Head's designated representative for an u_nsched, deal or Crn_¢r~¢ncy assignment, shall be compensated for two (2) hours of call back pay, plus the time worked in excess of the first fifteen (15) minutes. On Call To provide for after-hour service needs, some operations within the City may designate non- exempt employees to be on-call. Restricted on-call: time spent on or away from City premises under conditions which prevent the employee from using the time for personal activities. All such time in readiness is considered time worked. Unrestricted on-call: all time after regularly scheduled working hours when an employee is designated to be available for call-back. The employee is free to pursue personal activities but must respond to pager or cellular phone contact within designated guidelines set by the department head. This is not considered time worked. If called back, however, call-back compensation will be paid. 03. Compensatory Time 42 43 44 45 46 47 48 49 5O 51 An employee eligible for overtime may be granted compensatory time off at the same rate it was earned (i.e., straight time for straight time, time and one- half for time and one-half). Compensatory time can be earned, accumulated, and used, with the Department Head's approval or direction, in accordance with the Fair Labor Standards Act. The choice of whether to grant overtime pay or compensatory time rests solely with management and depends on the most efficient and economical delivery of services. City of Boynton Beach 15 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 11 12 13 ~7 20 2~ 22 23 24 25 2~ 2~ 3O 3~ 34 35 3~ 37 38 3~ 40 4~ 42 43 44 45 4~ 47 48 04. Demotions / Transfers Demotions Transfer of an employee from a higher graded position to a lower graded position may be initiated by the employee or by the City as part of a departmental restructuring or realignment of responsibilities for failing to meet standards of performance. Transfer Employees transferring from one position to another in the same pay grade, whether in the same for in a different department will maintain the same pay rate. 05. Incentive Pay System The City of Boynton Beach has established the Incentive Pay System to motivate and reward employees according to their job performance and contributions toward the accomplishment of major objectives. The purpose of the system is to promote continuous improvement and quality performance through individual and cooperative effort, assist in career development and advancement, identify individual training needs, determine suitability for assignment, effectiveness in the assigned position and ability for absorbing more responsibility. All employees should be continually working towards the mission, goals, and objectives of the City. Incentive pay and bonuses may not be included in the employee's base pay and may not be carried forward in subsequent years. See F.S. 166.021(7). Eligibility Regular budgeted employees, both full-time and part-time, who have successfully passed their probationary period are eligible for this program. 06. Bonus Awards In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00 when such a bonus is justified, in writing, by the Department Head. This bonus will not affect the employees pay grade or pay rate. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entitled to bonus money and only one bonus will be allowed to an employee in a fiscal year. This approach is a system where the immediate supervisor and Department Head can recognize top performance and reward the employee promptly. Incentive pay and bonuses may not be included in the employee's base pay and may not be carried forward in subsequent years. See F.S. 166.021(7). City of Boynton Beach 16 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 07. City Manager Tncentive Program All submittals for incentives must be done as part of a team and the submittal must be approved by the team's supervisor. The pool for funding this program will be limited to $15,000.00 per fiscal year and the amount of any single program will be limited to $1,000.00. Employees are encouraged to be as creative as possible, while at the same time keeping the effort simple. Incentive payments will be considered for the following type of activities (although they are not limited to just these type of activities): · Customer service improvements. · Cost efficiencies (savings). · Improvements in operations. · Productivity enhancements. · Expanding hours of operations. · Doing work in-house rather than engaging a consultant. Incentive applications will be accepted by the City Manager's office, commencing September 30~ of each year, for award at the last City Commission meeting in December. Incentive pay and bonuses may not be included in the employee's base pay and may not be carried forward in subsequent years. See F.S. 166.021(7). City of Boynton Beach 17 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 2~ 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 IV. BENEFITS 01. Legal Holidays Unless required to be on regular duty, Legal Holidays to be observed by the City's employees are New Year's Day, Martin Luther King, 3r. Day, Presidents' Day, Memorial Day, [ndependence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day and other days as specifically designated from time-to-time by the City Commission. The City Manager and City Commission reserve the right to declare these and any other holidays on a date designated by them. The declared date does not necessarily have to be on the traditional holiday, but on a date that meets the best interest of the City. Full-time employees shall be compensated for legal holidays. Hourly rate employees must work their regular workdays immediately before the after the holiday in order to receive pay for the holiday, or be in an authorized with pay status immediately before and after the holiday. Part- time, temporary, and emergency appointed employees are not eligible for holidays with pay. 02. Vacation Leave Each full time employee shall earn vacation leave at the rates shown in the scheduled outlined below. The number of day/hours credited per year will not increase after the 20th year of service unless the schedule is amended. In computing vacation leave, no vacation leave will accrue for any week in which the employee is not in a paid status for 24 or more hours. A regu ar employee shall, upon termination of employment with the City, be paid for unused accumulated vacation leave. Employees on their initial one-year probation are not eligible to take vacation for the first six months of employment. Employees who end their employment with the City within the first six (6) months of employment, are not eligible to be paid for any accrued vacation time. V~CAT[ON ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Hours ! Year 2 but less than 5 5 years but less than 10 :tO years but less than 20 20 years and after 48 96 120 136 160 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1 - September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that October 1 - September 30 will be forfeited as of September 30 of that fiscal year. Employees who were covered by the vacation accrual and sick leave payout policies in effect prior to 1991 will continue to be covered by those schedules. City of Boynton Beach 1 8 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 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 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 03. Sick Leave with Pay Sick leave with pay shall be granted to regularly employed full time employees, including employees serving a probationary period on an original appointment, at the rate of one workday for each completed month of service (96 hours/year). Such leave shall be computed on an employment year basis. Sick leave pay will be paid at the same rate as a regular workday. Unlimited accumulation of sick leave is authorized. Sick leave shall not be considered as a right which an employee may use at his/her discretion, but rather as a privilege which shall be allowed only in case of personal sickness or disability, legal quarantine because of exposure to contagious disease'. The following hours per year may be taken for the illness of an immediate family member(spouse, child, parent): · Up to 40 hours per year may be taken for regular 40 hour weekly employees · Up to 72 hours over year for Fire shift employees · Up to 57.5 hours for regular Police 11.5 hour shift employees In the case of a prolonged, catastrophic illness within the family, an employee may take additional family sick time only if approved by the Department Head, the Human Resources Director and the City Manager and a doctor's letter must be submitted, ff the reason for the leave is covered by the Family and Medical Leave Act policy, family sick leave my be extended, but not to exceed twelve weeks in a rolling twelve month period. See PPM fV.07. Sick leave will not be granted if it falls on regular days off or on a holiday. In order to be granted sick leave with pay an employee must meet the following conditions: A. Notify his/her immediate supervisor at least one (1) hour before the beginning of the scheduled workday of the reason for his/her absence. B. For medical examination, treatment or evaluation of non-elective, necessary medical procedures. File a written request for sick leave on the form and in the manner to be prescribed. For absences of more than three (3) consecutive workdays, sick leave must be documented by a doctor's certificate explaining the absence and/or unfitness for duty. fn the case of extended absences, four days or more, it is the duty of the employee to contact their Supervisor or Department Manager on a weekly basis until they are cleared for return to work. The City reserves the right to require an interim doctor's certificate/report during the employee's extended absence. zf excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. No sick leave will accrue for any week in which the employee is not in a paid status for 24 or more hours. G. In computing sick leave taken, all employees shall be charged one-hour sick leave for each hour not worked because of illness. City of Boynton Beach 19 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 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 30 3~ 32 33 34 3§ 3~ 40 4~ 42 43 44 45 4~ 47 48 4~ Regular employees that have exhausted their accumulated sick leave and are still unable to return to work may draw against their annual leave account. Requests must be made to the Department Head by the employee, who in turn must notify the Human Resources Director on the prescribed form. Claiming sick leave when physically fit shall be cause for discharge. All regular employees (or their beneficiaries in the case of death) will have payment made for unused sick leave at the rate specified in the table below, upon resigning, retirement or death. (Retirement shall include normal retirement, disability retirement or early retirement as defined in the appropriate Pension Plan.) Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years More than 5 full years, but less than 10 full years More than 10 full years, but less than 15 full years More than 15 full years, but less than 20 full years Upon retirement from the City 0% 10% 15% 20% 30% Employees may return to work with a Light Duty Certificate and/or letter from their physician provided there is work available within the City that would comply with the doctor's requirements, l~f there is no such work available the employee will remain on sick leave or workers' compensation status until receiving a full release to return to work from his/her doctor. 04. Bonus Days This policy establishes a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. A. All full time City employees covered by this policy are eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time (including family sick) during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. B. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. City of Boynton Beach 20 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 05. Leave With Pay .Jury Duty/Witness Fees: All pay granted under this section must be approved by the Department Director. Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director. In order for the employee to receive their regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those days that coincide with his/her regular work schedule, unless otherwise provided by law. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. Military Leave: Reserve Training: All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled, pursuant to Florida Statute 115.07-to seventeen (17) calendar days with pay each year in order that these employees may fulfill their military obligations. Fire department shift personnel will be granted a maximum of nine (9) shift days. Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution. :If an employee has dependent insurance coverage, the Finance Department will consider this in determining the amount of supplemental pay so that the dependent insurance premiums can be paid prior to the supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. ~[f the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsible for sending the City a check to cover the dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction. Continued Service: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break in service will occur during the period of active duty and the employee with continue to accrue service for purposes of seniority and pension eligibility Disability: Employees who are in a disability status will have their positions held for a maximum of six months from the date of injury or illness. If the employee cannot return at the end of the six months, they will be placed on a re-employment list for a maximum of two years. If they are able to return to work after they have been placed on a re-employment list, they may apply for a comparable position subject to availability, for which the employee meets the qualifications. City of Boynton Beach 21 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 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 4O 41 42 43 44 45 46 47 48 49 Workers' Compensation: Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his normal net take home pay. The injured employee will be eligible to receive the salary supplement for a period not to exceed three (3) months from date of injury. At the end of the three months, or sooner, the City Manager, Department Head, and Human Resources Director will review the case for a determination of pay status. continuation of the salary supplement is granted it can be at any rate determined equitable by the reviewing committee, but not to exceed an amount equal to the net take home pay. :In no case will the salary supplement be greater than six (6) months withio an 18-month period commencing with the date of injury or illness. After six (6) months of supplemental pay within an 18 month period, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, City supplement (if less than the full amount authorized) and workers' compensation benefits equal his/her regular weekly net take home salary. The employee must contact the payroll clerk to quality for the combined check. It is incumbent on the employee to make application for disability in accordance with the pension plan they are members of, or the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. If the appropriate disability plan denies the claim, the additional City salary supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, which ever comes first. :If an employee who is receiving Worker's Compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere during this period, he/she will be required to reimburse the City for all medical expenses and supplement sick or vacation pay taken and be subject to dismissal. Compassionate Leave: In the event of the death of the mother, father, child, foster parent, foster child, brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law of a regular employee, the employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive workdays for any one death. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, five (5) consecutive workdays shall be allowed. Employees must submit proof of death in order to be eligible for this article. The City Manager may grant additional leave under this section when he/she deems it appropriate. City of Boynton Beach 22 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 Management Authorized Leave: With the approval of the City Manager, a department head may grant an employee authorized leave with pay where that employee is going to represent the City while attending an event, meeting or seminar. Attendance at the event, meeting or seminar shall be determined to be an activity that serves the best interest of the City. Authorized Training Leave: Any employee may be accorded leave with pay to attend an authorized program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency. (Reference: V. PROFESSIONAL DEVELOPMENT, 0:1. In-Service Training) Leave is requested by the employee's department head and approved by the City Manager. When leave is granted, the Human Resources Director shall be promptly notified of the reason for the leave, the course work to be completed, and the probable date of the employee's return to duty. Leave shall be for time required to complete the course. In no event shall any leave be approved or granted under this rule except where there are adequate, unencumbered funds available in the departmental budget which are sufficient to cover the cost of such training. 06. Leave Without Pay A regular employee may be granted leave of absence without pay for a period not to exceed six months for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the City. Requests must be in writing. A leave of absence without pay of up to 30 calendar days can be approved by the employee's Department Head and the Human Resources Director. A leave of absence in excess of 30 calendar days must be approved by_the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all their benefit premiums, e.g., insurance, etc. Leave of absence without pay will not be granted in order to accept employment with another employer. Tf granted, leave of absence without pay may subsequently be withdrawn and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or seniority during a leave of absence without pay exceeding 30 days City of Boynton Beach 23 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2~ 30 3~ 32 33 34 35 38 4~ 42 45 4~ 47 48 4@ 50 5~ 07. Family and Medical Leave Act Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993). A, Entitlement Employees of the City, including key employees except where expressly excluded, who have worked for the City for at least :[2 months and have worked at least :[250 hours during that time may be entitled to a total of :[2 weeks of unpaid medical leave during any :[2 month period, commencing from the first date of the leave period, when leave is taken for one or more of the following: · Birth of a child of an employee and to care for the child: · The placement of a child with an employee for adoption or foster care. (Foster care requires state action.) · To care for the spouse, child or parent of an employee, but not a parent "in-law", if the family member has a serious condition; or · The employee is unable to perform the functions of the position, because of the employee's own serious health condition. The employee's entitlement to leave for birth, adoption or foster care. expires at the end of the 12-month period beginning on the date of the birth or placement. Employees granted FMLA leave are required to use all accrued paid leave and sick time while on FMLA leave. Employees are entitled to use vacation time during an FMLA leave for days not covered by accrued leave or sick time. B, Continuation of Benefits The City shall continue group health plan coverage for employees on FMLA leave for the duration of the eligible employee's leave. Coverage shall be provided on the same level and under the same conditions that coverage would have been provided if no leave ad been taken. An employee on FMLA leave without pay shall pay any dependent coverage and other premiums normally paid. Such payment is due in Human Resources by the 25th of each month. :In the event that an employee fails to return to work after the period of leave expires, the City may recover any premiums the City paid for coverage during the leave period. Such recovery can be taken from any benefits or wages owned by the city to the employee. Should the employee fail to return due to the following circumstances the City will not attempt to recover such premiums: · Continuation, reoccurrence or onset of an employee's own serious health condition or that of a family member. · Due to circumstances beyond the control of the employee. The employee is required to provide the personnel department with written certification, from the employee's or family member's health care provider, substantiating :[ and/or 2 above. Failure to return within 30 calendar days of the agreed upon date and provide the above certification may result in termination and the City may recover premiums paid. City of Boynton Beach 24 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 5 6 7 8 9 10 ~3 ~4 ~7 20 2~ 22 23 24 25 30 3~ 32 33 34 37 3~ 3~ 40 4'1 42 43 44 45 4~ 4~ 50 5~ 52 C. Definitions KF'Y I=MPl OYFE$: Salaried employees who are among the highest paid 10% of all employees. FAMT~ y MEMRER: Includes spouse, parents, son and daughter. The term spouse means current husband or wife as recognized under state law for purpose of marriage. The term parent means the biological parent or individual who stands or stood in Ioco parentis (in the place of a parent) to an employees when the employee was a child. This term does not include parent "in law". The term son or daughter means biological, adopted or foster child, stepchild, legal ward, or a child of a person standing in Ioco parentis, who either under age 18, or age 18 or older and incapable of self care because of a mental or physical disability. SP--QUSES: employed by the City are jointly entitled to a combined total of 12 weeks of family leave for the birth, adoption or foster care of a child or the care of a child or parent who has a serious health condition. A_ ~_FRTOI/_C; HI:Al TH CONIC_l-I-ION: is an illness, injury, impairment, physical or mental condition that involves: · Incapacity or treatment connected with inpatient care at a hospital, hospice or residential medical care facility involving an overnight stay. · Tn capacity requiring the absence of three calendar days from work that involves continuing treatment or supervision of a health care provider. · Continuing treatment by a health care provider for a chronic long term health condition that if not treated would likely result in a period of incapacity of more than 3 calendar days. D. Requirements An employee requesting FMLA leave shall explain, in writing, to Human Resources the reasons for the need for such leave. The employee shall give, when foreseeable, 30 days advance notice of the need for FMLA leave. The City may request as much substantiating documentation from the employee as it feels necessary to make a determination as to whether the reason for the request qualifies under the act. The Human Resources Director and the Department Director, after careful review, shall forward a recommendation to the City Manager. WHFN I FAVF TS REQI IF_C;-rl:_r') the employee must provide, in writing, a medical certification stating the condition and the need for leave from the employee's or family member's health care provider within ten (:[0) days of the written request for leave. A CERTIE[CATE OF PHYSIC~.N OR PRACTITIONER FORM WH-380 shall be required from a qualified health care provider for any medical reason cited by the employee. The City may not request additional information from such provider but may require the employee to obtain, at the City's expense, a second opinion. The City shall designate the health care provider to furnish such second opinion, if the t~vo opinions conflict, the City may require the employee, at the city's expense, to obtain certification from a mutually agreed upon third health care provider who's opinion will be final. This certification will be treated as a confidential medical record and the information will be disclosed only as required by law. TNTERM]-r-I'FNT OR I~FI'~I iCl:r-) SC'_ HFI~I II F'_ II:AVE: When medically necessary, intermittent or reduced schedule leave may be taken due to an employee's own serious health condition or that of a family member. Intermittent or reduced schedule leave is not available for the birth or placement of a child. City of Boynton Beach 25 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 ~0 20 2~ 24 25 2~ 27 30 33 34 35 3~ 37 40 4~ 42 4~ 50 5~ 52 53 54 55 Employees seeking intermittent or reduced schedule leave based on planned medical treatment are required to produce certification outlining the dates on which treatment is expected and the duration of the treatment. Employees are expected to make a reasonable effort, subject to the health care provider's approval, to schedule treatment so as to not unduly disrupt the City's operations. Employees are required to give the City, through the personnel department thirty (30) days notice or as much notice as is practicable of their intentions. In the event an employee requests intermittent or reduced scheduled leave due to a family member's or the employee's own serious health condition, the City may elect to temporarily transfer the employee to an available alternative position, with equivalent pay and benefits for which the employee is qualified and which better accommodates the City's needs and that of the employee. E, Notice NOT?C'F FI~OM FI TC, TRI F/~NI'~ K_Fy _FMPLQYFF~: A minimum of thirty (30) days advance notice of an employee's intent to take leave is required when it is foreseeable due to: · The expected birth of a child. · The expected placement of a child for adoption or foster care. · Planned medical treatment for child, spouse or parent with a serious health condition. · Planned medical treatment in the case of the employee's own serious health condition. If leave has to begin in less than thirty (30) days as a result of one of the above referenced circumstances, the employee must provide the City, through Human Resources, with as mush advance notice as is practicable. Notice must be provided in writing to Human Resources. In the event notice is NOT given in these circumstances, the employee will be considered to have taken "unauthorized leave" and will be subject to appropriate disciplinary action. NO_'CfC_F FDOM TllE C__I-I-Y TO K_FY FMpl OYFES: The City shall notify a key employee before leave is taken if economic injury is foreseen at the time. ~FCFr~.TrFTC~O_~.: An employee who has taken leave because of the employee's own serious health condition or that of a family members is required by the City to obtain subsequent written re-certification of that medical conditions every five (5) weeks during the duration of the condition. In addition, employees on FMLA leave are required to report every 2 weeks, in writing on their status and the intention of the employee to return to work. Failure to report as stated above may subject the employee to disciplinary action for unexcused absence. RFTN-qT~-TFMFNT: Eligible employees other than key employees, who comply with all provisions of this policy and who return from FMLA leave will be returned to the job position held prior to the leave, or may be placed, at the discretion of the City, in an equivalent position with equivalent benefits. THF C_ _T'ry MAY _r3FNY 1. Denial is necessary to prevent "substantial and grievous economic injury" to the employer; 2. The City noLifies employee of its intent to deny restoration on that basis at the time the City determines that such injury would occur and afl:er being notified, the employee elects not to return. The City shall not deny the employee the opportunity to take leave (i.e., must notify the employee afl:er the leave is requested but before the leave is taken, if economic injury is foreseen at that time) and, if the employee already is on leave when the notice is given, the city shall give the employee an opportunity to return to work. City of Boynton Beach 26 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 14 15 20 2~ 22 25 2~ 27 28 2~ 30 3~ 32 33 34 35 38 3~ 4O 4'1 42 43 44 45 46 47 5O 5~ 52 1 2 While on leave eligible employees will retain all accrued benefits. An employee will not accrue any 3 additional benefits during FMLA leave (vacation, longevity, seniority, sick, etc.). Reinstated 4 employees are not entitled to any right, benefit or position of employment other than any to ~ which they would have been entitled had they not taken the leave. 7 Prior to reinstatement an employee whose leave was based on the employee's own serious health 8 condition is required to provide, in writing, to the personnel department a certification from the 9 employee's health care provider that the employee is able to return to work. 10 t~ 08. Longevity Benefits 13 The City provides benefit incentives to long-term employees, to give recognition for continuous and meritorious service. Longevity benefits are available within these guidelines. Eligibility Employees eligible are those employees who: A. Have been employed with the City on a regular full-time and continuous basis for a minimum of five (5) years, B. Have an overall 'Meets Standards' or above rating on the previous employee evaluation, Benefit Employees will receive a Lump Sum Bonus as follows: On the On the On the On the On the On the On the On the employees fifth (5~) anniversary a lump sum payment of $500.00. employees tenth (10th) anniversary a lump sum payment of $1,000.00. employees fifteenth (15~) anniversary a lump sum payment of $1,500.00. employees twentieth (20th) anniversary a lump sum payment of $2,000.00. employees twenty-fifth (25~) anniversaw a lump sum payment of $2,500. employees thirtieth (30U~) anniversary a lump sum payment of $3,000. employees thirty-fifth (35~) anniversary a lump sum payment of $3,500. employees fortieth (40th) anniversary a lump sum payment of $4,000. Procedures 1. Any pay earned for Longevity Benefits is subject to pension plan contribution and required federal deductions. Each Department Director is responsible for projecting the number of employees eligible for Longevity Benefits in their department and budget accordingly for each fiscal year. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their hire anniversary date will not be entitled to longevity benefits. DROP Plan Participants Participants in any of the Deferred Retirement Option Plans (DROP) are considered to have retired, do not add to the total years of service they had accrued upon entering the DROP plan, and are not eligible for a longevity bonus. City of Boynton Beach 27 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 09. Retirement Benefit Procedures for retirement and the benefits available to employees in conjunction with retirement are as set forth in the pension plan applicable at the time of retirement. City of Boynton Beach 28 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 7 8 9 10 11 12 13 14 15 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 37 38 39 40 41 42 45 46 47 48 49 50 V. PROFESSZONAL DEVELOPMENT 01. In-Service Training Any employee may be accorded leave with pay to attend an authorized program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency. (Reference: :IV. Benefits, 05. Leave With Pay, G. Authorize Training Leave) 1. :In the event the course is not successfully completed, employees granted leave under this rule shall reimburse the City for one-half the cost of such training course. 2. :If the employee leaves the City service within one (1) full year after completion of such training, he/she shall reimburse the City for the total cost of such training course if the City Manager requires. 02. Tuition Assistance Full time employees who have completed their one-year probation and who are not-union members are eligible to apply for tuition reimbursement. Part-time and temporary employees are not eligible to receive tuition assistance. Employees must maintain a minimum rating of "meets requirements" or comparable rating in overall performance reviews in order to remain eligible for tuition assistance. Bargaining Unit contract articles covering tuition reimbursement may or may not have the same benefits as this policy. Employees may receive full details of the program and apply for reimbursement through the Organizational and Strategic_Development Department. Employees who voluntarily leave their employment with the City or are terminated "for cause" will be required to reimburse the City 100% of the tuition assistance received during the 12-month period prior to their termination date, and 50% of the tuition assistance received during the 24 month period prior to their termination date. 03. Employee Technical Certification Employees may apply to attend training classes in a program leading to a technical certification by completing the appropriate application form and by obtaining the approval of their supervisor and department director. Acceptable programs must relate to the department's goals and objectives. Approval will be subject to Department Director discretion and funding availability. Application to attend classes, workshops or seminars leading to a technical certification must be submitted at least 60 days before the start of the program. Employees may take classes at an accredited college, university, approved training center, seminar, conference, vocational school, and/or approved on-line course or through an approved distance learning institution. Employees who voluntarily leave their employment or are terminated for cause will be required to reimburse the City for tuition paid in the preceding 24 months at 100% for the most recent City of Boynton Beach 29 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 12 months and 50% of tuition paid in the second 12 months for any classes resulting in a 2 technical or vocational certification. If not reimbursed by the employee, funds will be deducted from any final payout due the employee at time of termination. 5 Specific requirements regarding expenses, forms, written reports, testing and time limits are detailed in Administrative Policy 04.01.04. 8 This policy applies to employees who are not members of a collective bargaining unit who 9 acquire technical certification in any area that exceeds the sum of $500.00 tuition cost per year. 10 Employees who are bound by a union contract will follow the provisions laid out in their 11 contract. 12 City of Boynton Beach 30 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 25 2~ 2~ 30 3~ 32 33 3~ 37 38 3@ 40 4~ 42 43 4~ 47 48 4~ 50 5'1 52 VI. DISCIPLINE 01. Disciplinary Actions The City of Boynton Beach is committed to recruit, train, and retain, qualified employees who will contribute to the City's mission. The success of City government in providing quality and efficient public services directly correlates with appropriate employee conduct and performance. Employee behavior that is positive and supportive of the goals of effective municipal management is fully encouraged. When an employee's conduct or performance is inconsistent with the needs and goals of the City, disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. Tn proper cases, dismissal may immediately occur. No employee shall be disciplined or discharged without reasonable cause. :1.. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the City and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. 2. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 3. The level of misconduct may differ in individual cases from apparently similar incidents. The City retains the right to treat each occurrence on an individual basis without creating a precedent for situations that may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the City, but are to be used as a guide. 4. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to Human Resources, shall serve as grounds for disciplinary action. Examples of Misconduct The following represents employee noncompliance with rules, regulations, policies, practices or procedures of the City or are prohibited by law. Each incident shall be considered on a case-by- case basis. City of Boynton Beach 31 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 7 8 9 10 11 ~4 ~5 ~7 20 2~ 22 23 24 25 2~ 27 30 3~ 32 33 34 35 36 37 38 3@ 40 4~ 42 45 4~ 47 48 4~ 50 5~ Misconduct Infractions for Misconduct require corrective action. The discipline for Misconduct infractions is normally: l" Infraction - Written Counseling 2"d Infraction - Written Reprimand 3"~ Infraction - Written Reprimand and Suspension Without Pay 4th Infraction - Dismissal Examples of Misconduct include, but are not limited to: · Conduct unbecoming of a City employee · Abuse of sick leave privileges, sick leave policy or excessive absenteeism · Failure to notify Department and/or Human Resources of current address and telephone number within ten (10) calendar days of change · Failure to report any outside employment · Poor quality of work · Failure to provide name and official title to any person requesting same when performing work related duties · Abuse of personal privileges, including the extension of lunch or break periods · Abuse of attendance policy, including late for work without reason or not calling in as required, one (1) hour prior to an absence · Smoking in prohibited areas · Unauthorized solicitation, posting of material, or non-productive behavior · Loitering · Inattention to job duties All types of Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Misconduct infraction has occurred, any subsequent Misconduct infraction will result in the next level of disciplinary action. Misconduct 1~t and 2nd infractions will expire, with regard to the progressive nature of this policy, 12 months from the date of issue, but will remain in the employee's file. Once an employee has r rd · . p ogressed to a 3 M~sconduct ~nfraction - Suspension Without Pay, another Misconduct infraction within 12 months of the date of issue for the 3rd infraction will normally result in dismissal. Tf serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. Performance ~[mprovement Plan Employees who receive a Written Reprimand with a Suspension and employees who receive a performance evaluation rating that falls below a "Meets Expectations" (rating of less than 2) shall be placed on a Performance ~mprovement Plan. The purpose of Performance :Improvement Plan is to monitor employee performance, with an evaluation of performance being made every 30 days. The employee must demonstrate immediate and sustained improvement in their performance throughout the 90-day evaluation period or face dismissal. It is the responsibility of each employee to perform at a minimum level of "Meets Standards". City of Boynton Beach 32 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3@ 40 4~ 42 43 44 45 4~ Serious Misconduct Infractions for Serious Misconduct are serious in nature, but the first infraction, by itself, may not be grounds for termination. The discipline for Serious Misconduct is normally: 1,t Infraction - Written Reprimand and Suspension Without Pay 2nd Infraction - Dismissal Examples of Serious Misconduct include, but are not limited to: · Disregard of safe work procedures · Inappropriate use of City resources, time or equipment · Inappropriate or disorderly conduct Making offensive remarks; use of abusive, profane or sexually graphic language Failure to work required overtime assignments, special hours, special unavailability during stand-by status shifts or All types of Serious Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Serious Misconduct infraction has occurred, any subsequent Serious Misconduct infraction will result in the next level of disciplinary action. Once an employee is issued a Written Reprimand for Serious Misconduct, they are ineligible to receive a salary increase (including lump sum payments), promotion, or to apply for jobs within the City for a period of 12 months. Serious Misconduct infractions will remain active, with regard to the progressive nature of this policy, for the duration of employment with the City. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. Extreme Misconduct Infractions for Extreme Misconduct are very serious in nature and normally result in immediate dismissal without prior warning. Examples of Extreme Misconduct include (but are not limited to): · Failure to report an on-the-job injury or accident within 24 hours to immediate supervisor · Supervisor's failure to report an employee's on the job injury to Risk Management within 24 hours and/or completion of necessary documentation · Violent acts or threats of violence · Operating a City vehicle or equipment without a proper and valid driver's license. · .]ob Abandonment City of Boynton Beach 33 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 2@ 30 3~ 32 33 34 35 3~ 37 38 3@ 4O 4~ 42 43 44 45 46 · Insubordination · Possession of a firearm or concealed weapon on City property or while performing official City duties, (excluding law enforcement officers) · Gambling during work hours · Suspension or revocation of any required job-related licenses or certifications. · Disruption of the workplace · Willful spoilage, destruction or waste of city property or resources · Unauthorized personal use of City equipment or funds · Conducting personal and/or private business on City time; improper use of City time for such activity - Violation of City security regulations and policies · Theft or removal of City property without proper authorization · Falsifying documentation · Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Florida Statutes · Giving false information, or failure to fully cooperate or provide full, truthful information in City initiated investigations · Possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test · Possession or use of alcohol while on duty; or reporting to work under the influence · Refusal to submit to a City required drug or alcohol test · Falsifying or attempting to falsify a City-ordered drug test Violation of the City's Harassment policy · Conviction of a felony (including non-work related) · Unauthorized disclosure of confidential information Pr~_~d~_lr~- f~r r~i~i?in~r~z, A~ti~n 1. When an immediate supervisor becomes aware of evidence of the need for employee discipline, they become responsible and shall investigate the circumstances, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. Human Resources will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. Administrative Review: Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the exception of Police Department employees. These investigations shall be conducted by the Department Director and Human Resources, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. Human Resources shall assume responsibility for acquiring any necessary sworn statements. City of Boynton Beach 34 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Criminal Tnv~$tig_~tinn$: Investigations conducted when criminal violations are reportedly committed by any employee of the City. These investigations shall be conducted by the Police Department, in collaboration with the Department Director of the involved employee. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of the disciplinary action. The immediate supervisor may initiate up to a three-day suspension with pay to afford a supervisor the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Suspensions of more than three days require the approval of the Human Resources Director. This practice may also be used in the event that alleged misconduct is severe but unproven. The immediate supervisor shall immediately notify the Department Director and Human Resources after the suspension is issued; so that the matter can be investigated at once. 4. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. 1. Counseling - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. A Counseling Memorandum must be completed by the supervisor, and the employee is required to sign the Counseling Memorandum signifying that they have read and discussed the contents with the supervisor. The signed Counseling Memorandum must be forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. Written Reprimand - Consists of an immediate supervisor issuing a written notice of reprimand, including a complete description of the incident(s) of misconduct and a warning that future violations will result in further disciplinary actions up to and including dismissal. Written reprimands must be signed by the employee to acknowledge receipt and forwarded to Human Resources for retention in the mployees records, with a copy provided to the e ' employee. Employees may submit comments for inclusion in the record. The employee may be required to complete a Performance Improvement Plan for correction of the behavior. Written reprimands should be reflected on the mployee s performance evaluation along with e ' any noted improvements. City of Boynton Beach 35 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O Suspension Without Pay - Consists of an employee being prohibited from returning to work until the specified period of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. Suspensions without pay shall be used when an employee is removed from the job due to misconduct or unlawful behavior, or when instances of progressive discipline support a suspension without pay for a specified period of time. Any time an employee is suspended for discipline, the suspension shall be without pay. a. With the written authorization of the Department Director and Human Resources, immediate supervisors have the authority to issue a suspension without pay for three working days or less. Suspensions without pay beyond three working days require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office. Employees being suspended without pay shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including dismissal. d. Employees may submit comments for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to Human Resources for inclusion in the employee's records, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. Dismissal - Dismissal is a result of an employee's involuntary termination which severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. Immediate supervisors must supply thorough documentation and discuss recommendations for an employee's dismissal with their chain of command and Human Resources. Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written notice of recommended termination shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, then the notice shall be sent via U.S. mail to the most recent address on record in the Human Resources file. The recommendation shall include the following information: a) The underlying reasons for the recommended termination. b) Documentation upon which the Department Director relied in formulating said recommendation. c) An explanation of the employee's rights to request a Predetermination Hearing prior to termination taking effect and the fact that the decision of the City Manager shall be final. City of Boynton Beach 36 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 The dismissal recommendation and the City Manager's final decision shall be placed in the employee's Human Resources file, and a copy shall be forwarded to the employee and his/her Department Director. Employees may submit comments for inclusion in their Human Resources file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. At the time of dismissal, employees are required to surrender to their Department Director or designee, all City property that may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final check. I~in. hf_ tn Pr~l~f/~rmin~fi_nn I-I-~:~rin_~, Prior to the effective date of any suspension without pay, or a termination, the City shall conduct a predetermination hearing. The predetermination hearing shall be conducted by the Human Resources Director and the City Manager's designee. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative or his or her choice. Prior to or at the inception of the hearing the City shall disclose or explain the City's evidence. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination hearing and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and at the same time establish the suspension or termination date(s) if appropriate. l:m.nl _~.vmm/l .n ..._._ !t 1. Probationary employees shall not have the right to appeal any type of disciplinary action. 2. Regular employees may respond to discipline actions of counseling, written reprimand and suspensions with or without pay, of less than four (4) workdays, by requesting administrative review by the Human Resources Director. Such request shall be made within ten (10) calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review. 3. Regular employees have the right to binding arbitration of any suspensions without pay of, five days or greater, or dismissals by requesting binding arbitration within ten (10) business days of the employee's receipt of formal notification of recommended suspension or dismissal. City of Boynton Beach 37 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 The City and the employee may waive the selection process by mutually agreeing to the appointment of an arbitrator. ]:f there is no waiver the City shall request a panel of five arbitrators from the American Arbitration Association or the Federal Mediation and Reconciliation Association within ten (10) days of a request for arbitration. The City and the employee shall alternately strike one name, until one name remains and that individual shall be designated as the arbitrator. The arbitration shall be scheduled within forty-five (45) days of the date of appointment of the arbitrator. Continuances shall not be granted except for good cause and in any event, not more than one continuance shall be granted to either the employee or the City. The decision of the arbitrator shall be made within twenty (20) days following the close of the arbitration or submission of written briefs, whichever occurs last. The decision of the arbitrator is binding and final. The arbitrator may not modify the discipline but shall either sustain or reverse the discipline. The arbitrator's charges, including fees and costs shall be divided and paid equally by the parties to the arbitration. Each party shall be responsible for their own attorney fees. 02. Formal Grievances The City shall strive to anticipate and avoid occurrence of valid complaints or grievances, and to deal promptly with any that may arise. Except where there is an acceptable reason for not doing so, all matters of this nature will be handled and transmitted through supervisors in the following order, according to the department's chain of command: · Immediate Supervisor · Department Director · Human Resources Director or his/her designee The primary purpose of this grievance procedure is to determine what is right rather than who is right. Free discussion between employees and supervisors will lead to better understanding of practices, policies and procedures that affect employees. Discussion will serve to identify and help eliminate conditions that may cause misunderstandings and grievances. This purpose is defeated if a spirit of conflict enters into the consideration of a grievance. Supervisors and employees alike must recognize the true purpose of the grievance procedure if it is to be of value in promoting the well being of the City. The Human Resources Director shall establish rules for the processing of grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a grievance. Grievances are to be initiated by employee within ten (10) days of the event giving rise to the grievance, or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. The decision of the Human Resources Director regarding disposition of the grievance is binding and not subject to further review. City of Boynton Beach 38 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 2 7 8 9 10 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 V]:I'. RES];GNAT~'ON / TERM~'NAT~'ON 01. Resignation/Termination Any employee wishing to leave a City position in good standing, must file with his/her Department head, at least two weeks before leaving, a written resignation stating the date the resignation is to be effective and the reason for leaving. Department Heads shall forward the notice of resignation and a completed Personnel Authorization form to the Human Resources Director immediately upon receiving the resignation. Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify the department as required) for a period of three (3) consecutive working days may be considered by the City as a resignation. Tnrmin=ttinn p~ There is no termination or severance pay, except payment for accumulated sick and vacation time as otherwise provided herein. Some individual letters of appointment may include termination pay provisions. 02. Lay-Off The City Manager may lay off any regular employee whenever such action is made necessary by reason of shortage of work or funds, the abolishment of a position or because of changes in organization; however, no regular employee shall be laid off while there are temporary, or probationary employees serving in the same position for which the regular employee is eligible and available. Whenever the layoff of one or more employees shall become necessary the City Manager shall notify the Human Resources Director, at least ten (10) days in advance of the intended action and the reasons therefore. The Human Resource Director shall furnish the City Manager with the names of the employees to be laid off in the order in which such layoff shall occur. The order of layoff shall be in reverse order of total continuous time served. Temporary and probationary employees shall be laid off, in that order prior to layoff of regular employees. City of Boynton Beach 39 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 2 3 4 5 8 9 10 19 22 25 28 29 32 37 4O 43 46 51 56 57 58 59 VZli'. APPENDZX 01. DEFi'NI"ITONS The following words and terms shall have the meaning indicated unless the context clearly indicates otherwise: ADM]~N]:STRA'I-~VE REVIEW means review of a minor Human Resources action by the Human Resources Director. Minor Human Resources action includes verbal counseling, written counseling memos, reprimands, suspensions with pay, demotions, and suspension without pay of less than five (5) days. ALLOCATE shall mean the act of assigning each position to its proper class. ANNTVERSARY DATE shall mean an employee's date of hire or re-hire, whichever is later. APPEAL shall mean a request for binding arbitration. ARBITRATOR shall mean a neutral individual appointed using the procedure set forth in these policies. BINDING ARB1TRA'f~ON shall mean a process that ends with a decision of the arbitrator which is final and binding on the employee, management and the City Commission. CERT]:FY shall mean the act of the Human Resources Director in supplying a department head with the names of applicants who are eligible for appointment to a position. CLASS shall mean a position or group of positions having similar duties and responsibilities, requiring similar qualifications, which can be properly designated by a title indicative of the nature of work and which carry the same range. COMPENSATORY T~IVlE shall mean time taken off in lieu of overtime pay for hours worked in excess of the maximum for the (non-exempt) employee's work period as set forth in the FLSA. CON'I-JNUOUS SERV]~CE shall mean employment which is uninterrupted. CONTRACT EMPLOYEE shall mean an employee under an individual employment contract or a collective bargaining agreement. DENOT]ON shall mean the assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. DEPARTMENT shall mean Operating Department, unless specifically referred to as Human Resources Department. DISMISSAL shall mean the discharge of an employee from his/her or her position with the City. The terms termination and dismissal are interchangeable. EL]:G[BLE shall mean a person listed on the active employment list. EMPLOYMENT L]~ST shall mean a list of persons who have been found qualified for appointment to a position in a particular class. EEOC shall mean the Equal Employment Opportunity Commission. EXAM[NA~ON shall mean any selection instrument used to measure the relative knowledge, skills, and abilities for candidates competing for positions which may include evaluations of training and experience, performance tests, oral interview, written tests, evaluations of performance appraisals, etc. City of Boynton Beach 40 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 2 26 27 3O 31 34 37 42 47 5O 53 54 FULL-TIME EMPLOYEE shall mean an employee who is scheduled to work a minimum of 36 hours per week. GRIEVANCE shall mean formal notice of dissatisfaction by an employee with permanent status who feels they have been unjustly treated in cases involving employment conditions. .1OB TITLE shall mean a definite descriptive designation for a job classification. LAYOFF shall mean the dismissal from employment because of shortage of work or funds, or because of changes in the organization. NON-CONTRACT EMPLOYEE means any employee who is not employed under an individual employment contract or covered by a collective bargaining agreement. OVER'FINE PAY shall mean pay for overtime worked in excess of employees normal work week. PAY RANGE shall mean a salary range established by the City Commission with a minimum and maximum base salary. PART-'I-~ME EMPLOYEE shall mean an employee who is scheduled to work less than 36 hours per week. POSI-I~ON shall mean a group of duties assigned to one person or job. PROBATIONARY EMPLOYEES shall mean any employee who is serving in a new position either by appointment, promotion, demotion, or reclassification, and has been advised, in writing, that he/she has successfully completed his/her probationary period. PROBATIONARY PERIOD shall mean a period of twelve (12) months. An employee who fails to meet standards during the probationary period is subject to discharge, demotion, or suspension without warning or statement of cause. PROMOTION shall mean the assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. REGULAR EMPLOYEE shall mean an employee who has achieved permanent status after completing a probationary period. SUSPENSION shall mean the separation with or without pay of an employee for a period of time. TEMPORARY EMPLOYEE shall mean an employee holding a position other than regular full-time or part-time for a specified period of time. TEMPORARy POSITION shall mean all positions that are not designated regular. TERMINATION shall mean the discharge of an employee from his or her position with the City. The terms termination and dismissal are interchangeable. UNION EMPLOYEE shall mean an employee within a certified bargaining unit and covered by a collective bargaining agreement. VACANCY shall mean a position existing or newly created, which is not occupied. City of Boynton Beach 41 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 22 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 02. ZNDEX ADA, 9 Administrative Review, 34, 40 Americans with Disabilities Act, 9 Anniversary Date, 40 Appeal, 40 Application for Employment, 11 Arbitrator, 38, 40 Bargaining Unit, 4, 41 Benefit ]Information, 13 Binding Arbitration, 37, 40 Bonus Awards, 16 Bonus Days, 20 Callback, 15 Certify, 40 City Commission, 4 City Manager, 5 City Manager Incentive Program, 17 Class, 40 Compassionate Leave, 22 Compensatory Time, 15, 40 Continuous Service, 40 Contract Employee, 4, 10, 40 Counseling, 35 Counseling Memorandum, 35 58 Grievances, 38 59 Harassment, 6, 34 60 Holiday, 19 61 Holidays, 18 62 Hours of Work, 13 63 Human Resources Director, 5 64 Immediate Family, 8, 13 65 Incentive, 17 B6 Incentive Pay System, 16 67 .]ob Title, 41 68 Jury Duty, 21 69 Layoff, 41 70 Lay-off, 39 71 Leave With Pay, 21 72 Leave Without Pay, 7, 23 73 Letter of Appointment,, 10 74 Longevity, 27 75 Longevity Benefits, 27 76 Medical Information, 13 77 Military Leave, 21 78 Misconduct, 31, 32, 33, 35 79 Non-Contract Employee, 10, 41 80 On-Call, 15 81 Open Enrollment, 9 Criminal Investigation, 35 Demotion, 40 Demotions, 16 Department, 40 Disability, 21 Disciplinary Action, 8, 31, 34 Dismissal, 36, 40 DROP Plan Participants, 27 Drug and Alcohol, 8 EAP, 8 EEOC, 40 Effective Date of Policies, 9 Eligible, 40 Emergency Contact, 13 Employee Appeals, 37 Employee Assistance Program, 8 Employee Files, 13 Employee Technical Certification, 29 Employee Types, 10 Employment, 6, 11 Employment List, 40 Employment of Relatives, 13 Employment Opportunity, 11 Equal Employment Opportunity, 6 Examination, 41 Extreme Misconduct, 33 Fair Labor Standards Act, 15 Family and Medical Leave, 24 Finance Department, 12, 21 Florida Public Records Law, 13 Full-Time Employee, 41 Grievance, 41 City of Boynton Beach Personnel Policy Manual 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 42 Orientation Program, 12 Overtime, 15, 41 Part-Time Employee, 41 Pay Range, 12, 41 Personnel Administration, 4 Personnel Information, 13 Position, 41 Predetermination Hearing, 37 Probation, 29 Probationary Employees, 37, 41 Probationary Period, 14, 16, 37, 41 Professional Development, 29 Promotion, 41 Public Records Law, 13 Recruitment and Selection, 10 Regular Employee, 37, 41 Resignation, 39 Restricted Sick Leave, 19 Retirement, 28 Serious Misconduct, 33 Severance Pay, 39 Sick Leave, 19, 20 Social Security Number, 13 Suspension, 35, 36, 37, 41 Temporary Employee, 41 Temporary Position, 41 Termination, 36, 39, 41 Termination Pay, 39 Training, 5, 6, 29, 41 Transfers, 16 Tuition Assistance, 29 Union Employee, 41 Effective Date: 03/01/98 Revised Date: 08/01/03 8 1 Vacancy, 41 2 Vacation, 18 3 Violence in the Workplace, 8 4 Witness Fees, 21 5 Workers' Compensation, 22 6 Wdtten Reprimand, 35 7 Years of Service, 18, 20 City of Boynton Beach Personnel Policy Manual 43 Effective Date: 03/01/98 Revised Date: 08/01/03 0 0 c- > 0 0 -'- ~'~ ~ ~ .-'- ~ ~ ~ ~o~o ~'~ o ~m~ ~ ~ ~ m o >= 0 0 0 '-- .-- oo ~ =~ · ~ ~ ~= = ~ -= z= ~ ~ ~ o~u ~ ~ 0 ~ ~ -~ ~ = ~s ~ s~= ~s~=~ · = ~ · _,,~ : ~ '- ~._ .~,, ,E E E E ._~ > 0 0 0 t- 0 0 O~ ._~ 0 0 .o_ 0 0 0 0 > o o 0 0 t- ._o 0 0 c~ > 0 0 CD CD 0 0 C> t- .9 C: 0 0 0 t-- ._~ > t- .g 0 C:, 0 o o t- ._o 0 0 C> ._o C) 0 0 C~ t- m >- ~§o 0 r- t- > CD 0 e- ._o .m_ > e- 0 0 0 ._o 0 d~ ._o ._~ >