O98-06'l
ORDINANCE NO. O98-,~/~
kAN ORDINANCE'OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
APPROVING AND ADOPTING THE PERSONNEL
POLICY MANUAL (PPM) FOR THE CITY OF
BOYNTON BEACH; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, the City Commission of the
City of Boynton Beach has determined that it is in the best interest of the
citizens, employees and residents of the City to formally adopt the Personnel
Policy Manual, which is attached to this document as Exhibit "A";
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby formally adopts the Personnel Policy Manual, which document is
attached hereto as Exhibit "A" and made a part hereof.
Section 2. All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
Section 3. Should any section or provision of this ordinance or
portion hereof, any 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. This ordinance shall become effective immediately upon
passage.
FIRST READING this ,,,,~,~ day of January, 1998.
1998.
SECOND, FINAL READING AND PASSAGE this
,.~ day of February,
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
"'l~4a(/or ~__ ///~
Vice/tOfayor
C~mmissi, ener./
C~m~nissioner
Commissioner
PERSONNEL POLTCY MANUAL
CI'TY OF BOYNTON BEACH
1/13/98
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TABLE OF CONTENTS
General Provisions
Definitions
Organization For Personnel Administration
Types of Employees
Hiring Procedures
Recruitment and Selection
Equal Employment Opportunity Statement
Compensation Plan
Overtime
Callback
Compensatory lime
Termination Pay
Retirement Benefit
Bonus Increases
City Manager Incentive Program
Bonus Days
Hours of Work
Legal Holidays
Vacation Leave
Sick Leave With Pay
Leave With Pay
In-Service Training
Leave Without Pay
Longevity Benefits
Incentive Pay System
Disciplinary Actions
Formal Grievances
Employment of Relatives
Sexual Harassment
Effective Date of Policies
Page Number
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CHAPTER 01 GENERAL PROVZS?ONS
SECTION 1. PURPOSE OF THESE POLICIES: The*se policies are to be followed by the City
in the administration of the City's personnel program. It is the intent of these policies that
City employees will be dealt with on an equitable basis, so that the citizens of the Oty
may derive the benefits and advantages which can be expected to result from a
competent staff of City employees.
SECTION 2. POSITIONS COVERED 8Y THESE POLICIES: These policies shall apply to all
non-contract employees. These policies apply to union employees only when they are
incorporated in the union employees collective bargaining agreement, and have been
ratified by the City Commission and the bargaining unit. These policies apply to
employees with individual contracts only if incorporated by reference in the employee's
contract.
SECTION 3. APPROVAL OF POLICIES: These policies shall be in force and effect when
approved by Ordinance of the Oty Commission and replace existing policies, rules or
regulations which are in conflict with these policies.
SECTION 4. AMENDMENT OF POLICIES: These policies may be amended from time to
time by Ordinance of the City Commission, unless otherwise specified in this document.
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CHAPTER 02 DEFZNTr~ONS
The following words and terms shall have the meaning indicated unless the context
cleady indicates otherwise:
ADMINISTRATE REVIEW means review of a minor personnel action by the Personnel
Director. Minor personnel action includes verbal counseling, written counseling memos,
reprimands, suspensions with pay, demotions, and suspension without pay of less than
five (5) days.
ALLOCATE shall mean the act of assigning each position to its proper class.
ANN~ERSARY DATE shall mean an em ployee'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 ARBt'FRATION shall mean a process that ends with a decision of the arbitrator
which is final and binding on the employee~ 'management and the City Commission.
CERTIFY shall mean the act of the Personnel Director in supplying a department head
with the names of applicants who are eligible for appointment to a position.
CLASS shall mean a position or group of positions having similar duties and
responsibilities, requiring similar qualifications, which can be propedy designated by a title
indicative of the nature of work and which carry the same range.
CON1'[NUOUS SERV[CE shall mean employment which is uninterrupted.
CONTRACT EMPLOYEE shall mean an employee under an individual employment contract
or a collective bargaining agreement.
DEMOTION shall mean the assignment of an employee to a position in a lower class
having a low, maximum salary than the position from which the assignment is made.
DISMISSAL shall mean the discharge of an employee from his/her or her position with the
City. The terms termination and dismissal are interchangeable.
ELIGIBLE shall mean a person listed on the active employment list.
EMPLOYMENT I.[ST shall mean a list of persons who have been found qualified for ?~
appointment to a position in a particular class. ;
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EXAMINATION shall mean any selection instrument used to measure the relative
knowledge, skills, and abilities for candidates competing for positions which may include
evaluations of training and experience, performance tests, oral interview, wdtten tests,
evaluations of performance appraisals, etc.
FULL-TIME EMPLOYEE shall mean an employee who is scheduled to work a minimum of
36 hours per week,
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.
HUMAN RESOURCE DIRECTOR shall be interchangeable with Personnel Director.
IMMEDIATE FAMILY shall mean spouse, mother, father, son, daughter, sibling, step-
father, step-mother, step-child, grand-parent, and grand-child.
308 TITLE shall mean a definite descriptive designation for a job dassification.
LAYOFF shall mean the dismissal from employment because of shortage of work or funds,
or because of changes in the organization.
NON-CONTRACT EMPLOYEE means any employee who is not employed under an
individual employment contract or covered by a collective bargaining agreement.
OVERTIME PAY shall mean pay for overtime worked in excess of employees normal work
week.
PAY RANGE shall mean a salary range established'by the Ob/ Commission with a.
minimum and maximum base salary,
PART-TIME EMPLOYEE shall mean an employee who is scheduled to work less than 36
hours per week.
POSITION 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.
PROBATIONARY PERIOD shall mean a period of twelve (12) months. During this period
an employee may be discharged, demoted, or suspended without warning or statement of
cause.
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PROMOTION shai! mean the assignment of an employee to a position in a higher class
having a higher maximum salary than the position from which assignment is made.
REGULAR EMPLOYEE shall mean an employee who has satisfactorily completed a
probationary period.
SUSPENSION shall mean the 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 POsrrzoN shall mean all positions that are not designated regular.
TERMINATION shall mean the discharge of an employee from his or her posiUon 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 posiUon existing or newly created, which is not occupied.
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CfiAi:~'ER 03 ORGAN]ZA'I'~ON FOR PERSONNEL ADH]:N?STRAT~ON
SECTION 1. THE CITY COMMISSION: The City Commission shall:
A. Approve the Policies, after receiving a recommendation from the City Manager.
B. Annually approve a pay plan, which may, in their sole discretion provide for
wage and benefit increases or decreases.
C. Ratify all appointments to positions which require an individual contract.
D. Ratify all removals from posiUons which require an individual contract.
SECT[ON 2. THE ~ MANAGER: The City Manager shall:
A. Be responsible to the City Commission for the administration of the personnel
system.
Be
Appoint, promote, transfer or remove, demote, suspend, or disdpline all
subordinate employees. The City Manager may, in his/her discretion, delegate
administrative authority to the Personnel Director or Assistant City Manager to
approve personnel actions.
Performs such other duties and have and exercise such other powers in
personnel administration as is vested in the City Manager by the provisions of
the City Charter.
Appoint a Personnel Director who shall be responsible to the City Manager for
the administration of the City's personnel program.
SECT[ON 3. THE PERSONNEL DIRECTOR: The Personnel Director shall:
A. Administer the provisions of these policies.
B. Develop and administer such recruitment and examination programs of
competent applicants to meet the needs of the C~/service.
Prepare and recommend to the City Manager for City Commission adoption, job
descriptions and amendments to job descriptions which reflect the duties being
performed by each employee.
D. Administer the pay plan.
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5
Periodically review compensation levels.
Provide a system of checking payrolls, so as to determine that all persons in the
City service are being paid in accordan~:e with these policies.
Provide for the establishment and maintenance of a roster of all employees in
the City service.
Provide such forms and procedures as he/she may consider necessary,
appropriate or desirable to carry out the personnel program.
Develop and establish in cooperation with the City Manager and vadous
department heads such training and educational programs for employees as
conditions warrant.
3. Perform such other activities with reference to personnel administration not
inconsistent with the City Charter or these policies, as the City Manager may
direct, or as may be required by Ordinance.
k. Prepare and recommend such policies or amendments t~ the policies as may be
necessary or advisable to carry out the intent and purposes of the City
personnel program.
Administer Benefit Programs
Administer Disciplinary Process
Review and file a written report with the City Clerk of the Personnel Policy
Manual no less than bi-annually.
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CHAFFER 04 TYPES OF EHPLOYEE$
S_ECl'ION 1. TYPES OF EMPLOYEES: City employees are divided into two groups: non-
contract employees and contract employees,
A. Contract employees means either individuals hired by direct contract, or
individuals who are covered by a collective bargaining agreement.
Be
1/13/98
The following positions are designated as Contract Employees:
Assistant City Manager
Assistant City Attorney
Economic Deve!opment Director
Assistant to City Manager
Personnel Director
Assistant Personnel Director
Citizen Action Center Technician
Neighborhood Affairs Specialists
1'1'S Director
Utilities Director
Assistant to Utilities Director
Deputy Utility Director
Library Director
Assistant Library Director
Public Works Director
Assistant Public Works Director
Golf Course Director
Finance Director
Deputy Finance Director
Recreation and Parks Director
Parks Superintendent
Recreation Superintendent
Facilities Manager
Fire Chief
Medical Director
Deputy fire Chief
Battalion Chief
Police Chief
Administrative Assistant to Police Chief
Police Information Officer
Police Captain
Director of Development
Deputy director of Development
Building Code Compliance Administrator
Planning and Zoning Administrator
City Clerk
Non-contract employees means employees who are not otherwise
designated as contract employees.
Contract employees are generally those employees who engage in
managerial, confidential,, or professional tasks, In evaluating the
appropriateness of positions for inclusion as contract employees, the City
will consider the criteria set forth in F, S, 447,203 for management,
confidential and professional employees,
1/13/98
CHAPTER 05 H[I:LI:NG PROCEDURES
POI.ICY
.]ob vacancies may occur which require recruitment efforts in order to fill a vacancy. This
policy establishes that posting of job vacancies are required to ensure that equal
employment opportunity recruitments are consistently attained for all regular status
positions.
BASIC REOUIREMENTS
No job shall be filled until the position has been posted for a pedod no less than
ten (10) calendar days.
]ob postings shall be on official bulletin boards, designated by the Personnel
Department.
Hidng procedures, such as form of application, background check, interviews, and
examinations, shall be established by the Personnel Department and may be
amended from time to time as appropriate. Copies of current hiring procedures
shall be made available for inspection in the Personnel Department.
APPLZCATZON PROCEDURE:
When a job vacancy occurs for any position, the Department Director shall submit
an Employee Requisition Form to the Personnel Department. The submission of
the Employee Requisition Form begins the recruitment process. Any particular
emphasis desired of duties for that job must be indicated on the Employee
Requisition Form.
Upon receipt of the Employee Requisition Form, Personnel will prepare and
distribute a notice of the position vacancy called a "3ob Opportunity". -]ob
Opportunities shall be dated and posted for a minimum of ten (10) calendar days.
w
Unless Otherwise indicated by the Personnel Department, job postings will be
without an established Closing Date.
3ob Opportunities shall contain information such as position title, salary' range,
closing date (if indicated), and minimum requirements indusive of education and
experience, among other things.
5. Advertising of 3ob Opportunities will be made available to current City employees
by posting or publication and to the general public and will be coordinated by the
Personnel Department at the same time.
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If a Closing Date has been established and no applicant is recommended for
employment from the pool of applicants who applied prior to a Closing Date, the
posting procedure may be commenced again at the discretion of the Department
Head with the approval of the Personnel Director.
Temporary or seasonal positions do not require job postings due to the: nature of
the employment relationships which is intended to be of temporary or seasonal
duration, and which has no benefits attached.
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CHAPTER 06 RECRUZ'rI~IENT AND SELECT~ON
POLICY
In order for the City to be operationally competitive with other governmental entities as
well as the private sector, the recruitment and retenUon of qualified employees is of
paramount importance. To achieve maximum efficiency the City must have the flexibility
to fill vacancies through either promoUon or outside hidng. Vacant positions shall be
filled in the best interests of the City through recruitment, selection, and promoUon of
employees on the basis of their qualifications and relaUve knowledge, abiliUes, and skills.
BASIC REQUIREMENTS
The Personnel Department is responsible for nondiscriminatory
implementation of this policy.
m
Each department is responsible for assisting the Personnel Department with
recruitments, interviews, tentative selections, and recommendations for
appointment.
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The Personnel Department has primary responsibility for hidng 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 pdor to
obtaining all necessary authorizations shall not be binding on the City.
CURRENT PROCEDURES
A_. APPLICATIONS AND INTERVIEWS
Once the Personnel Department has officially announced a job vacancy
through the posting of a 3ob Opportunity, the official recruitment process
has begun. The recruitment process may be withdrawn by the Director of
Personnel.
m
Individuals desiring consideraUon for employment must submit an
Application for Employment Form, a letter of proposal, or a resume to the
Pe~nnel Department. Employees are encouraged to submit applications
for promotional opportunities. All applicants submitting a resume and
granted further consideration shall complete an Application for Employment
at some point dudng the employment process.
1/13/98
Applications must be signed and certified by the applicant. Falsification of
any part of the Application for Employment or any related documents may
m
upon discovery, lead to denial of an application or dismissal of the
employee. Incomplete applications may be accepted but missing
information must be obtained from or submitted by the applicant on
request.
All aPplications and resumes received by departments must be forwarded
to Personnel.
APplications for employment may be accepted by the Personnel
Department even when there are no current vacancies for a specified
position.
When a vacancy occurs, previously submitted applications and resumes on
file in Personnel may be considered in addition to all new applications and
resumes received until the established dosing date or until the vacancy is
filled.
Certain dassiflcations may require applicable testing pdor to being given
consideration. Personnel will administer tests required and ensure that
passing scores are attained prior to forwarding an application to a
department for consideration:
The Personnel Department shall advise the appropriate Department Head
of the eligible applications.
Upon receipt of the eligible applications, the department should:
Review and evaluate all applications and resumes based on, but not
limited to relative qualificationS, knowledge, abilities, skills,
education, experience, and certifications or licenses required in'
accordance with current dass specifications. Veterans Preference
will be given in compliance with current legislation.
bm
[n order ~or an applicant to be given further consideration, minimum
requirements of that class specification must be met. Departments
sham responsibility for this aspect of selection.
Prepare an'interview schedule and conduct interviews, perSOnnel
may assist in scheduling, contacting, or co-interviewing of applicants
at the request of the department,
Determine who is most suitable for further consideration and
proceed with additional interviews, if necessary.
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1/13/98
Prior to recommendation for employment, the cJepartment snouid
determine that the applicant pool was sufficient.
Prior to any offer or othe'r similar indication of employment, all
necessary steps as outlined in Section B must be satisfied.
SELECTION, REFERENCE CHECKS AND THE RECOMMENDATION PROCF-.SS
Once the interview process has revealed suitable applicants, the reference
checks and screening steps should begin by the Department.
Personnel Department will coordinate additional form completion with the
applicant and will conduct reference checks. Academic degrees, previous
employers, character references, and all information provided on the
Application for Employment will be subject to vedficaUon as needed.
Once the results of reference checks and screenings appear satisfactory,
the department will be so notified in order that further consideration may
continue.
The department maY then recommend an applicant for employment and the
submit the proper forms to Personnel for processing. U the Department
Director proposes a salary which exceeds the minimum of the position's pay
range, wdtten justification must be included for consideration of the salary.
Upon receipt of a recommendation for employment and in conjunction with
a tentative offer of employment, a pre-employment physical and drug test
for the applicant is then scheduled. Medical examinations must be
satisfactorily passed to determine fitness to perform the duties of the
position. '
After acceptance of an applicants physical examination and drug test
results, the Personnel Director may proceed with the hiring process.
It is the City's intent to employ the most qualified applicant best suited for
the position. Current employment with the Qty is a factor, but is not, in and
of itself, determinative or controlling.
EM PLOYMENT ACCEPTANCE
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Employment acceptance must be made by the applicant within three (3)
work days of the department's employment offer, unless otherwise
extended by the Personnel Director. If employment acceptance is declined,
the department may consider another applicant from the recruitment's
13
applicant pool, or the depa~ment may choose to begin a new recruitment.
Employment Procedures shall be followed in either case,
The Personnel Department must be notified by the department of the
tentative hire date. Employee orientation will then be scheduled. New
employees must provide proof of work eligibility and verification of identity
to the City. Personnel Department will process the necessary employee
paperwork to Finance Department for payroll purposes.
The Personnel Department shall conduct a general orientation program for
all new employees to explain the City's history and organization, to
complete benefit program enrollments, and to stress the use of safe work
practices and the City's commitment to excellent customer service.
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1/13/98
CHAPTER 07 EQUAL EIVIPLOYMENT OPPORTUNZ'I'Y SYATEf4ENT
POLICY:
The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination
because of race, color, creed, religion, national origin, sex, age, poliUcal affiliaUon,
handicap (except where such factor is a bona fide occupational qualification or is required
by State and/or Federal law), or marital status in all aspects of its personnel policies,
programs, practices, recruitment, examinaUon, appointment, training, promotion,
retenUon or any other actions and operations.
1/13/98 15
CHAPTER 08 COHPENSATZON PLAN
SECTION 1. ADOPTION OF CURRENT PLAN: The Compensation Plan, in effect at the
time of the adoption of these policies, shall remain in effect and is applicable to all non-
contract employees. The Compensation Plan may be amended from time to time by
resolution of the City Commission following recommendation from the City Manager. The
Compensation Plan is not vested and does not constitute a contractual obligation of the
city.
SECTION 2. INTERPRETATION: The City Manager shall be responsible for interpreting the
application of the compensation plan with regard to pay problems which are not
specifically covered by this plan, using the principles expressed herein as a policy guide.
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CHAPTER g OVERT~HE
Overtime pay may be given only for authorized or directed time worked in excess of 40
hours. Overtime will not be granted for less than a fitteen (15) minute pedod. -In
calculating overtime, only actual hours worked shall be Counted.
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CHAPTER 1.0 CAL£BACK
Any employee who has physically lee work (punched out, etc.) and is called back to work
by his/her Department Head or the Department Head's designated representative for an
unscheduled assignment, shall be compensated for one (1) hour of call back pay, plus the
time worked in excess of the first fifteen (15) minutes.
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CHAPTER :1.:1.
COMPENSATORY T~[ME
An employee eligible for overtime in accordance with the pay plan may be granted
compensatory time off at the same rate it was earned (i.e., straight time for straight time,
time and one- half for time and one-half). Compensatory time must be used or paid
within thirty (30) days.
Employees who are not eligible for overtime payment as indicated in the pay plan, are
expected .to work the necessary hours to complete their assignments. These employees
are eligible for such limited compensatory time off with permission of the Department
Head or City Manager as outlined above.
The choice of whether to grant overtime pay or compensatory time rests solely with
management and depends on the most efficient and economical delivery of services.
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CHAPTER ~L2 TERPlZNAT~ON PAY
There is no termination or severance pay, except payment for accumulated sick and
vacation time as otherwise provided herein.
CHAPTER 13 RET[REHENT BENEFTr
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.
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CHAPTER 14 BONUS ~NCREASES
Tn 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 wdting, on the prescribed forms'by
the Department Head. This bonus will not affect the employees pay grade and step.
Funds for the bonus will be budgeted as a separate allowance and administered under the
direct control of the City Manager. Employees are not automatically entitled to bonus
money and only one bonus will be allowed to an employee in a fiscal year. This approach
is a system where top performance can be recognized by the immediate supervisor and
prompt rewards can be made at the discretion of the supervisor provided the department
head concurs. This top performance must be substantiated by the supervisor and the
Department Head using the prescribed forms furnished by the City Manager.
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CHAPTER 15
CTrY MANAGER I'NCEN'r2~E 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 activ'~ies):
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, commendng
September 30m of each year, for award at the last City Commission meeting in December.
1/13/98 23
CHAPTER
16
BONUS DAYS
The intent of this Chapter is to establish 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 injudes or illness necessitating the use
of paid sick leave time off. However, this program provides incentive to reward those
employees who use sick time responsibly.
ACCRUAL
a
All full time aty 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 dudng the
previous quarter, nor has been absent from work or on leave other than
those paid leave categories recognized in this document.
Bonus days shall be counted as vacation leave and subject to the provision
set forth for use of vacation.
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CHAPTER ].7
HOURS OF WORK
Hours of work will be determined by Department Heads, subject to the approval of the
City Manager and shall:
A. be uniform within occupational groups, and '
B. be determined in accordance with the needs of the service, and
take into account the reasonable needs of the public who may be required
to do business with various City departments.
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CHAPTER 18 LEGAL HOLIDAYS
Legal Holidays to be observed by the City's employees unless such emPloyees are
required to be on regular duty are New Year's Day, Martin Luther King, 3r. Day,
Presidents' Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,
Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day and such
other days as may be specifically designated from time-to-time by the Qty Commission.
The City Manager and Oty Commission reserve the right to declare these and any other
holidays on a date designated by them; such date does not necessarily have to be on the
specified traditional date, but on a date that meets the best interest of the City; except if
noted otherwise by union contract. If the employees work on a holiday, they will be paid
for the holiday, and will be paid for the hours worked at the time and one-half rate.
Employees shall be paid for legal holidays. Those employees who work on a holiday shall
also be paid for the holiday plus the time worked shall be paid at time and one-half rate.
Houdy rate employees must work their regular work days immediately before the and
after the holiday in order to receive pay for the holiday or be in an authorized with pay
status immediately before and after the holiday.. Part-time, temporary, and emergency
appointed employee shall not be entitled to holidays with pay.
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CHAPTER
VACATION LEAVE
Each full time employee shall earn vacation leave at the rates shown in the scheduled
ouUined in the schedule below. Each employee shall at the end of each year be credited
with vacation days (accumulated in hours) for each full year of conUnuous service as
noted in the chart below. The number of day/hours credited per year will not increase
after the 20~ years of service unless the schedule is amended, Employees on their iniUal
one year probaUon are not eligible to take vacation for the first six months of
employment.
VACATION ACCRUAL POLICY
'(Based on ~ hour work week)
Years of Service
Vacation Days
Vacation Hours
1 Year 6
2 but less. than 5 12
5 years but less than 10 15
10 years but less than 2017
20 years and after 20
48
96
120
136
160
Employees may accrue vacation leave to a maximum of the leave eamed in the most
recent two employment years. Vacation leave accrued, dudng January I - December 31
may excccd this stated policy, however, any amount over the allowable maximum that
has not been used dudng that (.lanuary i - December 31) will be forfeited as of
December 31.
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CHAPTER 20
S~[CK LEAVE WTrH PAY
Sick leave with pay shall be granted to regularly employed full time employees at the rate
of one working day for each completed month of service (96 hours). Such leave shall be
computed on an employment year basis. Sick leave pay will be paid at the same rate as a
regular work day. Unlimited accumulation of sick leave is authorized.
A regular employee shall, upon termination of employment with the City, be paid for
unused accumulated Sick leave.
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, or in
the case of illness within the immediate family. No more than five working days in any
calendar year may be taken as sick leave because of illness within the immediate family.
[n the case of a prolonged, sedous illness within the family, an employee may take more
family sick time only if approved by the Department Head, Personnel Director and City
Manager and a doctors letter must be submitted. Sick leave will not be granted if it falls
on regular days off or on a holiday.
In order to be granted sick leave with pay an employee must meet the following
conditions:
Notify his/her immediate supervisor one (1) hour before the beginning of
the scheduled workday of the reason for his/her absence or within lesser
limits if required by the Department Head.
'Permit such medical examination, nursing visit or inquiry which the City
deems desirable
File a written request for such sick leave on the form and in the manner to
Requests for more than three (3) days sick leave must be accompanied by a
doctors certificate explaining the absence and/or unfitness for duty.
1/13/98
[f 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 doctors certificate will be required for a one day absence.
28
Employees serving a probationary period on an original appointment shall
accrue sick leave in accordance with the provisions of this section.
In computing sick leave no increments will accrue for any week which
includes three or more days of leave of absence without pay.
In computing sick leave taken, all employees shall be charged one hour sick
leave for each hour not worked because of illness.
Regular employees that have exhausted their accumulated sick leave and
are still unable to return to work, may draw against their annual leave
account. Such request must be made to the Department Head by the
employee, who in turn must notify the Personnel Director on the prescribed
form.
.1. Claiming sick leave when physically fit shall be cause for discharge.
All regular employees (or their benefidades in the case of death) will have
payment made for unused sick leave at the rate spedfled in the table
below, upon resigning, retirement or death.
Continuous Years of Service
Percent of Accumulated Sick Leave
Less than 5 full'years
More than 5 fully years, but less than 10 full years
More than 10 full years, but less than 15 full years
More than 15 full years, but less than 20 full years
Upon retirement from Qb/Service
0%
10%
15%
20%
30%
(Retirement ~11 include normal reUrement, disability retirement or early reUrement as
defined in the a~_~ pdate Pension Plan.)
Employees, if work is available, may return to work with a Ught Duty
Certificate and/or letter from their physidan provided there is work available
within the City that would comply with the doctors requirements. If there is
no such work available the employee will remain on sick leave or workers=
compensation status until he has a full release to return to work from
his/her doctor.
1/13/98 29
CHAPTER
2Z
LEAVE WTrH PAY
Ag
1/13/98
3URY DUTY/WITNESS FEES - Ail 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 I~is/her regular work schedule. 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: All employees in the City service who are members of the
military reserve units and who must attend annual training sessions are
entitled to leave of absence with full pay. The City of Boynton Beach
pursuant to Rodda Statute 115.07 - Officers and Employees Leaves Of
Absence For Reserve or Guard Training, grants up to seventeen (17)
calendar days with pay each year in order that such employees may fulfill
their military obligations.
Full-time permanent employees in the City service who are called to
perform military service may at the discretion of the City Commission be
granted leave of absence without pay for such service in accordance with
the provisions of Public Law 93-508, Section 2021 - Right to re-employment
of inducted persons; Section 2024 - Rights of persons who enlist or are
called to active duty; reserves.
DLSABIL/TY: Employees who are on disability leave will have their positions
held for a maximum of nine. months from the date of injury or illness. If the
employee fails to comply with any provisions required by the carder
handling the claim, they will waive their rights for reinstatement in their
open position or any other position.
WORKERS' COMPENSATION: Whenever an employee is totally disabled
from duty for a period of no more than seven (7) calendar days because of
an injury determined to be compensated under the provisions of the
Worker's CompensaUon Act, he/she shall be entiUed to full regular pay.
3O
If 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 Personnel Director will review the case for a determination of pay
status. If continuation of the salary supplement is granted it can be at any
rate determined equitable by the reviewing committee, but not to exceed an
amount equal to the net take home pay. In no case will the salary
supplement be greater than six (6) months within an 18 month pedod
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 compensaUon for his/her services elsewhere, during this period,
he/she will be subject to reimburse the City for all medical expenses and
supplement sick or vacation pay taken and be subject to dismissal,
1/13/98 31
COMPASSIONATE LEAVE: In the event of the death of the mother, father,
foster parents, brother, sister, husband, wife, son, daughter, grandparents,
grandchildren, mother-in-law, or father-in-law of a regular employee such
employee shall be entitled to paid corn passionate leave not to exceed
three (3) consecutive calendar days for any one death. However, if it is
necessary for the employee to leave the State in connection with the
interment of the deceased, five (5) consecutive calendar days shall be
allowed. Employees must submit proof of death in order to be eligible for
this article. The City Manager may grant additional leave under this section
when he/she deems it appropriate.
1/13/98
32
CHAPTER 22
I'N-SERV]:CE TRAI'NI*NG
Any employee may be accorded leave with pay ~o attend an authorized training program,
provided that such training will considerably improve the employee's job knowledge and
substantially increase his/her efficiency:
Leave is requested by the employee's department head and approved by
the City Manager. When such leave is granted, the Personnel Director shall
be prompUy notified of the reason for such leave, the course work to be
completed, and the probable date of the employee's return to duty.
Leave shall be for time required to complete the course. ]:n no event shall
any leave be approved or granted under this rule except where lYere are
adequate, unencumbered funds available in the departmental budget which
are sufficient to cover the cost of such training.
In the event the course is not successfully completed, employees granted
leave under this rule shall reimburse the Oty for one-half the cost of such
training course.
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.
1/13/98 33
CHAPTER 23 LEAVE WZTHOUT PAY
A regular employee may be granted leave of absence without pay for a period not to
exceed one year for sickness, disability or other good and sufficient reasons which are
considered to be in the best interest of the Qty. Such leave shall require the pdor
approval of the Department Head, the Personnel Director and the City Manager.
Employees that are on approved leave of absence without pay will be responsible for
paying all their benef~s, i.e., insurance, etc.
Except under unusual circumstances, voluntary separation from the City service in order
to accept employment not in the City service shall be considered as insufficient reason for
approval of a request for leave of absence without pay. If for any other reason, leave of
absence without pay is given, such leave of absence may 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 dudng a leave of absence without pay exc~-'cdi'ng 30 days.
1/13/98
34
CHAPTER 24.
LONGEVZTY t~ENEF~TS
PURPOSE
To provide benefit incentives to long-term employees, giving recognition for continuous
and meritorious service. Longevity benefits are available within these guidelines.
ELIGIBILITY
Employees eligible are those employees who:
a) have been employed with the City on a regular full-time and continuous basis for a
minimum of five (5) years,
b) have an overall 'Meets STANDARDS' or above raUng on the previous employee
evaluation,
BENEFIT
Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifth (5m) anniversary a lump sum payment of $500.00.
On the employees tenth (10m) anniversary a lump'sum payment of $1,000.00.
On the employees fifteenth (15m) anniversary a lump sum payment of $1,500.00.
On the employees twenUeth (20m) anniversary a lump sum payment of $2,000.00.
PROCEDURES
1. Any pay eamed for Longevity Benefits is subject to required federal deduddons.
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 pdor to their hire anniversary date will not be entitled to
Section B benefits.
1/13/98 35
CHAPTER 25 INCENTIVE PAY SYSTEM
POLICY ,'
The City of Boynton Beach has established the Incentive Pay System to motivate and
reward employees according to their job performance and contributions toward
accomplishment of major objectives. The purpose of the system is also to promote
continuous improvement and quality performance through teamwork, assist in career
development and advancement, identify individual training needs, determine suitability for
assignment, effectiveness in the assigned position and ability for absorbing more
responsibility. All employees should be continually working together towards the mission,
goals, and objectives of the City.
Regular budgeted employees who have successfully passed the probationary period are
eligible for this program.
TYPES OF REV[~S
Performance reviews, whether annual, probationary, or other, are incorporated into the
Incentive Pay System. Probationary reviews generally determine the successful passing
of the probation period; annual reviews are generated for regular status employees and
are conducted within forty-five days pdor to the anniversary date. After 1999, all
evaluations of regular employees will be made within 45 days pdor to the end of the fiscal
year. Other reviews may be used to recognize excellent achievements or unsatisfactory
performance throughout the year. ~
Immediate supervisors are ,lenerally raters, howe,-er, employees who have performed
their duties under more than one supervisor during the rating pedod should be evaluated
by the supervisor for whom the employee worked during the majodty of the rating period.
The supervisor preparing the rating should consult any other supervisor for whom the
employee worked during the rating period in order to determine the most appropriate
rating for one or all categories. Each supervisor should sign the evaluation form.
Information and ratings can also come from peer evaluations used by a work team.
OB.1ECTTVES
1/~3/98
36
Employees wi!) be involved with their immediate supenAsor before each fiscal year !n the
development of their objectives, using criteda specific to their position. Objectives are to
relate directly to the goals of their department and objectives must be scheduled for
completion no later than 8/31/99 and annually thereafter. The objectives session should
include a review of responsibility of the employee's posiUon, level of .performance
expected and evaluaUon rating criteria. Once the employee and supervisor agree on the
objectives, signatures and dates should be placed on the form to indicate agreement.
Written modifications can be made to major objectives, if agreed upon by the employee
and supervisor. New employees and employees with a change of status should wdte
major objectives for the remaining pedod within that fiscal year.
TIMELINE
Evaluations shall be scheduled in advance of evaluation dates with the objective that
incenUve pay, if any, will be granted on the employee's evaluaUon date.
COMPETENCY AND MINIMUM STANDARDS
The Performance Review will be based on how competently each one of the employee's
written objectives was performed dudng the performance period, as well as competency
in defined categories. Certain conduct is expected of all City employees; satisfactory job
performance, completion of assignments on a timely basis, good attendance, positive
behavior, helpfulness and respect for the public, employees and customers are examples
of minimum standards. Similarly, avoidance of all nonbeneficial behavior is also expected.
PERFORMANCE VALUES
Values of "5", "4", "3", "2", and "1" are used throughout the performance review to
determine an overall score. Each level corresponds to these definiUons:
5 = SUBSTA~LLY ABOVE STANDARDS
Performance is outstanding. Employee has positively contributed to the
Department tx) a significant degree. Produces the highest quality work
which is consistenUy reliable and is oPcen completed in advance of
deadlines. Demonstrates outstanding iniUafive to advance plan, anticipates
and solves problems and takes appropriate empowered actions. Requires
little or no supervision.
4= ABOVE STANDARDS
Performance is distinguished. Employee often does more than is expected.
Produces quality work which is reliable and completed by deadlines. Shows
1/13/98 37
!nitiative to advance plan, anticipate problems and takes
empowered actions. Requires only occasional supervision.
appropriate
3 = MEETS STANDARDS
Performance is sufficient. Produces satisfactory work which is usually
reliable and priorities are completed by deadlines. Follows routine plans,
handles problems as situations occur and takes authorized actions.
Requires routine supervision.
2 = PARTIALLY MEETS STANDARDS
Performance is below the expected level. All objectives are not achieved.
Requires close supervision. Definite need for improved performance. The
employee must develop an action plan for improvement. If immediate and
sustained improvement is not made in the rated category within 60 days,
disciplinary action will be initiated. This rating should not be given overall
unless counseling and/or documentation of deficiencies have taken place
dudng the rating pedod. The employee should be reviewed again in 60
days at which time an overall rating with this value may result in
termination.
DOES NOT MEET STANDARDS
TRAINING Training will be available on the Incentive Pay System.
PAY RANGES
Pay ranges are specific dollar amounts applicable to similarly situated positions which are.'
grouped together. Pay ranges may be adjusted by the recommendation of the Personnel
Department to the City Manageds Office. Pay ranges will be reviewed as necessary and
adjusted to bring the Ci~s pay ranges to the top quartile of comparable public employers
in the local labor market.
PERFORMAN(~E REWARDS
Employees with a rating of "Meets STANDARDS" or higher will be eligible for a
performance reward not to exceed 4% of base pay effective the first pay pedod after the
evaluation date. Rewards may consist of base salary adjustments (until the employee
has reached the maximum of the pay range), cash bonuses, 457 deferred compensation
(if eligible), annual leave or a combination of any of these rewards, except for those
employees within 4% of the minimum of their pay range. Such employees must take
38
~/~3/98
their full reward in base pay. Performance awards will be prorated when the period
between the probationary review and the annual fiscal year review is less than twelve
months. Proration shall be 1/12 of the award for each full month since probation ended.
MAXIMUM PAY
The maximum base pay permitted shall be the maximum of the pay range for each
respective position,
PERFORMANCE REVIEWS/CONFERENCES
Performance Review and Award forms are accessible in the computer network. A list of
eligible employees will be sent to directors in mid .]uly to begin the annual processes.
Performance Review forms should then be completed and signed by the immediate
supervisor along with the top portion of an Award Recommendation form and submitted
through supervisory levels to the department director. The department director will
review the quality, faimess and impartiality of ratings given by the rater and sign and
return the Personnel Authorization forms to the immediate supervisor. A conference is
then conducted by the rater with the employee. The rater should provide supporting
comments to explain the ratings. The employee' should sign the completed Personnel
Authorization form to indicate the employee has read it. A copy of the signed form should
be given to the employee. Employees may select the performance reward desired by
completing the bottom portion of the Personnel Authorization Form. The supervisor then
forwards the odginal documents back to the department director. The original Personnel
Authorization Form, Informal Performance Session Worksheets must be forwarded to
Personnel prior to-September 15 for processing and retention in the employee's
personnel file. The City Manager's Office is only requ!red to sign forms for department
directors' Performance Reviews or for extension of probation (for reasons other than.
work performance).
INFORMAL SESSIONS
Supervisors are responsible for conducting a minimum of one informal performance
session during the year with the employee to discuss progress towards accomplishment of
objectives, quality performance, promotion of teamwork, .Promotion of continuous
improvement, motivation, and'to offer assistance. Employee input is very important
during these sessions. The informal session shall be held during the first six months of the
rating pedod. Forms to be used for documenting this informal session is accessible in
the computer network. These completed forms are to be retained by the department
then attached to the annual Performance Review conducted prior to the end of the fiscal
year. Employees should be encouraged to request informal sessions, from time to time,
1/13/98
39
as they deem necessary.
APPEALS
Employees may appeal their performance review in writing within ten (10) working days
of receipt of the performance review. The appeal notice must state the basis for the
appeal, what portion(s) is being contested, and state a brief outline of the information
that supports the appeal. The appeal should be sent to the employee's immediate
supervisor with a copy to the Department Head.
The Department Head will conduct a conference with the employee and the rater within
thirty (30) working days of receipt of the employee's request for an appeals conference.
The employee will be provided the opportunity to elaborate on the outline submitted in
the appeal notice. The rater will be provided the opportunity to elaborate on the reasons:
for the rating which is the subject of the appeal. The Department Head will inform the
employee and the supervisor of the outcome of the appeal in wdting within five (5)
working days of the appeals conference.
In cases where the Department Head is the rater, the appeal is to the Personnel Director.
In all other cases, the Appeal is to the Department Head.
1/13/98
4O
CHAPTER 26 D'rsc]~PI,.]~NARY ACT]~ONS
PURPOSE
The City of Boynton Beach is committed to recruit, train, and retain, qualified
employees who will contribute to the City's mission.
The success of City government in providing quality and efficient public services
directly correlates with appropriate employee conduct and performance. Employee
behavior which is positive and supportive of the goals of effective municipal
management is fully encouraged.
When an employee's conduct or performance is inconsistent with the needs and
goals of the City, disciplinary actions up to and including dismissal can occur.
Progressive discipline is suggested when circumstances support its use. In proper
cases, dismissal may immediately occur.
4. No employee shall be disciplined or discharged without just cause.
POLICY
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.
Although progressive disciplinary actions are encouraged when circumstances
support such use, the sevedty of misconduct a_nd the circumstances shall
determine the nature of the discipline.
A number of factors should be considered in determining the appropriate level of
discipline to be taken at each successive step. Such factors may include time
intervals between offenses, effectiveness of. pdor disciplinary actions,
insubordination, employee willingness to improve, overall work performance and
teamwork.
Certain misconduct is so contrary to the public interest that dismissal shall be the
only appropriate disciplinary measure.
5. The level of misconduct may differ in individual cases from apparently similar
1/13/98 41
incidents. The City retains the right to treat each occurrence on an individual basis
without creating a precedent for situaUons which may arise in the future. This
case-by-case method is designed to take individual circumstances and/or
mitigating factors into account. These provisions are not to be consl3'ued as a
limitation upon the retained rights of the City, but are to be used as a guide.
The failure of immediate supervisors to document and/or take disciplinary acUons
for misconduct, or the failure to forward the completed disciplinary documents to
Personnel, shall serve as grounds for disciplinary action.
EXAMPLES OF MISCONDUCT:
The following types of infractions, offenses, or misconduct shall represent employee
noncompliance with rules, regulations, policies, practices or procedures of the City or the
Department, or employee wrongs or offenses which violate permissible behaviors or are
specifically prohibited by law. The listed reasons are for informational purposes only and
are not meant to be exhaustive. Each disciplinary action shall be considered on a case-
by-case basis. The following are examples of violations which shall result in discipline and
the progressive discipline actions which may accompany the violations:
Conduct unbecoming of a aty employee. Conduct unbecoming a aty Employee
means: Employee behavior or actions on the part of the employee which hinder or
jeopardize the successful operation of the aty, undermine teamwork and
cooperation among aty employees, or undermine the public confidence in the City
or its employees.
Violation or disregard of C~y's Safety policy and procedures including:
a. careless use of vehicle or equipment
b. failure to use all safety restraints when dding in or operating a City
vehide;
c. failure to wear and/or use prescribed uniforms or equipment.
Abuse of Personnel polities including, but not limited to:
a. abuse of sick leave privileges, sick leave policy or
excessive
absenteeism
failure to notify Department and/or Personnel of current address
and telephone number within ten (10) calendar days of change
failure to report any outside employment.
4. Abuse of departmental procedures and work rules including:
1/13/5)8. 42
failure to provide name and official title to any person requesting
same when performing work related duties
habitual extension of lunch periods or break period
habitually late for work without valid reason
smoking in prohibited areas
unauthorized solicitation, posting of material, or non-productive
behavior.
5. Documented failure of a supervisor to perform duties required of supervisory
employees including recommending and/or taking disciplinary actions when
necessary.
NOTE
This chart outlines the usual progression for repeated occurrences of misconduct. If
serious misconduct or extreme misconduct has occurred previously, there will be faster
progressive action.
OFFENSE TYPE 1ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE
MISCON DUCT COUNSELING WRITTEN SUSPENSION
REPRIMAND WITHOUT PAY OR
DISMISSAL
SERIOUS MISCONDUCT
Violation or disregard of City's Safety policy and procedures including:
a. continued misuse of equipment or negligence resulting in injury to.
self, others, or damage to City equipment or property
b. horseplay potentially hazardous to life or property
c. unauthorized use or unsafe operation of City property, equipment or
vehide.
Abuse of Personnel
a.
b.
policies including:
threatening a co-worker or superviso~ '
use of abusive language to or about
supervisor, or the public
insubordination, meaning the failure to
authority of a supervisor.
an employee, co-worker,
recognize or accept the
1/13/98 43
Abuse of departnlental procedures and work rules including:
a. sleeping on the job
b, absent without calling in to department within one hour of shift start
time
c. disrupting or hindering departmental operations
d. failUre to work required overtime assignments, special hours, special
shifts or unavailability dudng stand-by status
e. outside employment which conflicts, interferes or otherwise hampers
the performance of the employee in their City job
INEFFICIENCY OR INCOMPETENCY
The ineffidency or incompetency in the performance of assigned duties may result
in demotion, or disciplinary action up to and including termination. Examples of
poor performance shall include failure to provide responsive, courteous, high
quality customer service or repeated failure to support team goals, and contribute
to team success.
Employees who receive an OVERALL "Partially Meets Standards" or "Does Not
Meet Standards" evaluation (rating of I or 2) shall be given a follow-up evaluation
within 60 days of the initial "Partially Standards" or "Does Not Meet Standards"
evaluation. More than one overall rating of "Below Standards" may subject the
employee to demotion or disciplinary action up to and including termination. It is
the responsibility of every employee to perform at a minimum level of "Meets
Standards", as ouUined in the Incentive Pay System Policy.
The following chart outlines the progressive discipline. for three occurrences of serious
misconduct. If misconduct or serious misconduct has occurred previously, there will be
faster progressive action.
OFFENSE TYPE 1ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE
SERIOUS Wl~ I I mN SUSPENSION DISMISSAL
MISCONDUCT REPRIMAND OR VV1THOUT PAY OR
SUSPENSION DISMISSAL
VVTI'HOUT PAY
1/13/98
EXTREME MISCONDUCT
Violation or disregard of City's Safety policy and procedures including:
a. failure to report an on-the-job injury or accident within 24 hours to
immediate supervisor
b. supervisor's failure to report an employee's on the job injury to Risk
Management within 24 hours and/or completion of necessary
documentaUon
c. fighting on the job or engaging in any intentional act which may
inflict bodily harm on anyone
d. operating a City vehicle or equipment without a proper and valid
driver's license.
e. failure to report the revocation or suspension of a ddver's license
when employment involves driving.
s
Abuse of Personnel policies including, but not limited to:
a. possession of a firearm or concealed weapon on City property or
while performing official City duties, without written permission from
Department Director (excluding. law enforcement officers)
b. gambling during work hours
suspension or revocation of any required job-related licenses or
certifications.
c. refusal to sign a disciplinary form
J
Abuse of departmental procedures and work rules including:
a. unauthorized personal use of City equipment or funds
b. conducting personal and/or pdvate business on City time; improper'
use of City time for such activity
c. falsifying attendance records
d. other department rules as communicated by director/supervisor.
1/13/98
Illegal, unethical or improper acts including:
a. theft or removal of City property without proper authorization
b. falsifying employment application or concealing information during
pre-employment screening or processing
c. soliciting or accepting an unauthorized fee or gift or failure to comply
with Chapter 112, Florida Statutes
d, giving false information, or failure or refusal to fully cooperate or
provide full, truthful information in City iniUated investigaUons
45
em
possession, use or sale of illegal dr,~gs, alcohoJ or prescription
medicaUon which alters the employee's performance on the job; or
any confirmed positive drug test
possession or use of alcohol while on duty; or reporting to work
under the influence of alcohol
refusal to participate, if offered, in a drugJalcohol rehabilitation
program
refusal to submit to a City required drug or alcohol test
falsifying or attempting to falsify a City-ordered drug test
violaUng the City's Sexual Harassment policy through interaction with
another employee or a member of the public
conviction of a felony (including non-work related).
The following chart outlines the progressive discipline for two incidents of extreme
misconduct. If misconduct or serious misconduct has occurred previously, there will be
faster progressive action.
OFFENSE TYPE 151' OCCURRENCE 2"v OCCURRENCE
EXTREME OR SUSPENSION DISMISSAL _
UNLAWFUL WITHOUT PAY OR
MISCONDUCT DISMISSAL
PROCEDURE FOR DISCIPLINARY ACTION
When an immediate supervisor becomes aware of conclusive evidence of the need
for employee discipline, he/she becomes responsible and' shall investigate the
circumstances of the misconduct, or lack of performance, prior to deciding upon
the type of disciplinary action to be recommended or taken. Documentation of the
discipline investigation or of the conduct shall be required on the part of the
immediate supervisor !n order to establish appropriate records. Personnel will be
available to assist in such investigations. In cases where investigations of a more
substantial nature are required, the following types of administrative review shall
be administered.
Administrative Review: Investigations of non-criminal violations
conducted in the absence of immediate or conclusive evidence
involving any City employee, with the exception of Police Department
employees. These investigations shall be conducted by the
Department Director and Personnel, who shall obtain all sufficient
information, including documentation and/or sworn statements, in
66
1/13/98
order to determine the necessity, or level of disciplinary action.
Personnel shall assume responsibility for acquiring any necessary
sworn statements. Administrative investigations shall be conducted
expeditiously.
Cdminal Investigations: Investigations conducted when cdminal
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.
The immediate supervisor may initiate a three day or less suspension with pay to
afford a supervisor the opportunity to investigate an alleged incident or misconduct
in the absence of the employee. Suspensions of more than three days require the
approval of the Personnel Director. This practice may also be used in the event
that alleged misconduct is severe but unproven. The immediate supervisor shall
immediately notify the Department Director and Personnel after the suspension is
issued, so that the matter can be investigated at once.
A recommendation for disciplinary action may result from the findings of an
investigation. If disciplinary measures are not recommended after the
investigation, the suspension with pay pedod shall not be construed as disciplinary
in nature. A document confirming a favorable determination as to the matter
should be made a part of the employee's record;.
TYPES OF DISCIPLINARY ACTION:
A,
Counseling - Consists of the immediate supervisor warning the employee to
correct or improve performance, work habits, or behavior, and counseling
the employee on improvements expected. Counseling serves as a warning
against further repetition of employee behavit)r. Future violaUons will. result
in discipline up to and including terminaUon.
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A Counseling Memorandum, should be completed by the immediate
supervisor. The employee shall be required to sign the form signifying that
he/she has read and discussed the contents with the supervisor.
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The Counseling Hemorandum shall be forwarded to Personnel for retention
in the employee's records, with a copy provided to the employee. The
supervisor may request that the employee complete a written action plan to
correct the behavior. Employees may submit comments for inclusion in the
record.
Wdtten Reprimand - Consists of an immediate supervisor issuing a wdtten
notice of reprimand to improve performance, work habits, or behavior. A
written reprimand should include a complete description of the incident(s)
of misconduct, inappropriate behavior, work habits, or performance which
require improvement; previous records of discussion; a time frame within
which the employee must correct or improve his/her behavior; and a
warning that future violations will result in further disciplinary actions up to
and including termination.
Written reprimands shall be signed by the employee to acknowledge receipt
and forwarded to Personnel for retention in the employee's records, with a
copy provided to the employee. Employees may submit comments for
inclusion in the record.
The employee may be required to complete a written plan for correction of
the behavior. When the written reprimand contains a time frame for
employee improvement, a follow-up discussion at the end of the designated
time period should be conducted. This follow-up discussion will provide a
specific opportunity to review the employee's improvement relaUve to the
discipline. Written reprimands should be reflected on the employee's
performance evaluation along with any not~ improvements.
Suspension Without Pay - Consists of an employee being prohibited from
returning to work until the specified pedod of suspension has passed or the
forfeiture of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from
the job due to extreme misconduct or unlawful behavior, or when instances
of progressive discipline support a suspension without pay for a specified
period of time. Any time an employee is suspended for discipline, the
suspension shall be without pay.
1. With the written authorization of the Department Director and
Personnel, immediate supervisors have the authority to issue a suspension
without pay for three working days or less.
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2. Suspensions without pay beyond three working days require prior
concurrence by Personnel, review by the City Attorney's Office and
authorization by the City Manager's Office.
3. Employees being suspended without pay shall be notified in wdting
by the immediate supervisor. The wdtten 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 terminaUon.
4. Employees may submit comments for inclusion in the record.
Wdtten notification of a suspension shall be signed by the suspended
employee acknowledging receipt of the written notification, and forwarded
to Personnel for inclusion in the employee's records, with a copy provided
to the employee, the Department Director, and one to the Finance
Department for payroll purposes.
D. Demotions - In the context of this policy, demotion consists of an employee
being involuntarily removed from higher level classification to a lower level
classification, with a resulting decrease in salary. Although not limited to such
instances, demotions may occur in some cases because of an inability to fulfill the
duties of the higher level job in a satisfactory manner; or a failure to. comply with
employment conditions, such as licensure or certification. In addition,
probationary employees shall be subject to demotion without the City being
required to state a mason. The probationary employee shall not have access to
any appeal process with regard to the demotion.
Immediate supervisors should discuss the potential demotion of an employee with
their chain of command and the Personnel Department pdor to a written
recommendation for demotion. The Department Director shall then submit the
written recommendation to the City Manager through Personnel . Demotions
require concurrence from Personnel , review by the City Attorney's Office and
authorization from the C~y Manager prior to being effected.
Written notification of 'demotions shall be provided to the employee by the
Department Director. Such notices shall include the final decision, the reason(s)
for the decision, the employee's new classification fifitie, the new pay range and pay
rate, and the effective date of the demotion. Written noflficaUons shall also
include that future violaUons will result in further disciplinary actions up to and
including termination of employment.
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All documentation of a demotion shall be retained in the employee's file in the
Personnel Department. A copy of the written notification of demotion shall be
forwarded to the Finance Department for payroll purposes.
Employees may request a demotion to a lower level classification voluntarily. Such
demotion shall not be punitive. Employees may submit comments for inclusion in
the record. Written notification of a demotion shall be signed by the employee
acknowledging receipt of the written notification, and forwarded to Personnel for
inclusion in the employee's records.
Dismissal - Dismissal is a result of an employee's involuntary termination which
severs the empioymerit relationship. At such time all employee benefits cease,
except as otherwise provided by law.
Immediate supervisors shall supply thorough documentation and discuss
recommendations for an employee's dismissal with their chain of command and
Personnel. Upon receiving a wdtten recommendation from the supervisor, the
Department Director shall submit the documentation to Personnel. Dismissals shall
be effected only with the concurrence of Personnel, review by the Qb/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 noUfication, then
the notice shall be sent via U.S. mail to the most recent address on record in the
personnel file. The recommendation shall include the following information:
1. The underlying reasons for the recommended termination.
2. Documentation upon which the Department Director relied in formulating
said recommendation.
3. An explanation of his/her rights to request an Predetermination Hearing
prior to termination taking effect and the fact that the decision of the City Manager
shall be final.
The dismissal recommendation and the City Manager's final decision shall be
placed in the employee's Personnel file, and a copy shall be forwarded to the
employee and his/her Department Director. Employees may submit comments for
inclusion in their Personnel file.
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Probationary employees who have not successfully completed the established
probationary period shall be subject to dismissal without cause, after review by
Personnel.
At the time of dismissal, employees are required to surrender to their Department
Director or designee, all City property which may be in their possession or custody
and all other conditions for termination must be complied with prior to issuance of
final check.
RIGHT TO PREDETERMINATION HEARING:
Prior to the effective date of any suspension without pay of five days or more, or a
termination, the City shall conduct a predetermination hearing. The
predetermination hearing shall be conducted by the Personnel Director and the
City Manager's designee. The employee shall be provided with reasonable notice
of the predetermination hearing date and of the charges which are the grounds for
the disciplinary action. The employee may be accompanied and assisted at the
predetermination hearing by a representative or his or her choice. The employee
shall be afforded the opportunity to present information in defense or mitigation to
the charges brought against the employee. Following the predetermination
hearing and any further investigation into issues raised by the employee in defense
or mitigation of the charges, the Personnel Director and the City Manager's
designee shall sustain, reverse, or modify the disciplinary action and give the
employee written notice of their action and at the same time establish the
suspension or termination date(s) if appropriate.
EMPLOYEE APPEALS
Probationary employees shall not have the right to appeal any type of disciplinary
action.
Regular employees may respond to discipline actions of counseling, written
reprimand and suspensions with or without pay, of. less than five (5) workdays, or
demotions, by requesting administrative review by the Personnel Director. Such
request shall be made within ten (10) calendar days of the imposition of the
discipline. The Personnel Director shall review the disciplinary action in question
and shall either sustain, reverse, or modify the disdplinary action. The Personnel
Director's disposition shall be made within thirty (30) days of the employees
request for review. The Personnel Director's disposition is final and not subject to
further review.
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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,
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 Qty 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
arbitraUon. 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 wdtten 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, if any.
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CHAPTER 27
FORHAL GR]:EVANCES
POLICY
It shall be the general policy of the City to anticipate and avoid occurrence of valid
complaints or grievances, and to deal promptly with any which may arise. Except where
there is an acceptable reason for not doing so, all matters of this nature will be handled
and transmitted through supervisors in the following order, according to the department's
chain of command:
PURPOSE
Immediate Supervisor
Department Director
Personnel Director or his/her designee
The pdmary purpose of this grievance procedure is to determine what is dght rather than
who is right. Free discussion between employees and supervisors will lead to better
understanding by both practices, polities and procedures which affect employees.
Discussion will serve to identify and help eliminate condiUons which 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 promoUng the well-
being of the City.
Personnel Director shall establish rules for the processing of grievances. Rules may be
amended from time to time, but should have as their objective the prompt and efficient ·
disposition of a grievance. Grievances are to be initiated by employee within ten (10)
days of the event giving rise to the grievance, or the grievance is waived. Once initiated
the time sequence for review and response to the employee should not exceed twenty
(20) working days. The decisior of the Personnel Director regarding disposition of the
grievance is binding and not subject to further review.
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CHAPTER 28 EMPLOYMENT OF RELATI'VES
PURPOSE:
To set guidelines regulating the employment of relatives of elected officials or City
employees.
BASIC REQUIREMENTS:
1. Compliance with state law nepotism rules.
Elimination of hiring practices which result in conflicts of interest, favoritism
or the appearance of impropriety.
PROCEDURES:
No person may be hired into the same department in which he/she has an
"immediate family" member working, if one supervises or evaluates the
other.
No person may be transferred into a department in which he/she has an
"immediate family" member working, if one supervises or evaluates the
other. Provisions of this Policy will not affect persons employed and
assigned at the time this Policy goes into effect.
Persons becoming husband and wife while working within the same
department may not both continue their employment in the same respective
department, if one supervises or evaluates the other.
The provisions of Flodda Statute 112.3135, regarding nepotism shall control
over any provision of this Policy.
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CHAPTER 29 SEXUAL HARASSMENT
PURPOSE
The City of Boynton Beach is committed to providing a work environment that is free of
sexual harassment. Actions, words, jokes or comments based on an individual's sex will
not be tolerated. Sexual conduct (both overt and subUe) is a form of employee
misconduct that is demeaning to another person, undermines the integrity of the
employment relationship and is strictly prohibited.
Provisions are hereby established to provide for effective complaint procedures available
to all employees for investigations of alleged sexual harassment. Violations of this policy
will result in disdplinary actions up to and including termination. Further, it is the City's
policy to act affirmatively to dissuade such practices through communication, training, and
other appropriate methods to sensitize the employees to sexual harassment issues.
DEFINI'I'[ON
Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors
and/or other verbal or physical conduct of a sexual nature which creates a hostile or
intimidating environment. Sexual harassment does not refer to occasional compliments of
a socially acceptable nature or welcome social relationships. Unless the conduct is
blatantly offensive, a single incident or remark, does not generally create a hostile
environment. Sexual harassment includes sexual advances and suggestions where:
Submission to such conduct is either an expressed or implied term or condition of
employment.
Submission to or rejection of such conduct is used as a basis for an employment
decision affecting the harassed person.
The conduct has the purpose or effect of interfering with an individual's work
performance or creating an intimidating, hostile or offensive work environment.
The policy prohibits behavior that is not welcomed by the employee and is person, ally
offensive such as, but not limited to:
1. 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.
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Any uninvited physical contact or touching, such as patting, pinching or
intentionally brushing against another's body,
PROVISIONS
All levels of supervisors share responsibility for communicating this policy, for
recognizing, responding and taking corrective actions, and/or preventing sexual
harassment of City employees,
Employees who feel they are a victim of sexual harassment have an obligation and
a duty to advise the individual instigating the sexual harassment that the conduct
or behavior is unwelcome and offensive. If the behavior continues, the employee
should immediately report the behavior tx) their own supervisor or Director of
Personnel. The individual instigating the sexual harassment may not necessarily
be another employee, co-worker, or supervisor, but may also be any other person
conducting business for or with City employees.
PROCEDURES
Employees should report their sexual harassment complaint immediately. The
employee has the option of reporting the complaint as follows:
to their supervisor or department director, or
to the Director of Personnel or Personnel Department designee.
If the supervisor or department director is the person accepting the complaint,
he/she or she will notify the Director of Personnel of the complaint.
The Director of Personnel will begin coordinating and conducting the investigation
process in a timely manner. A written statement will be requested of the
complainant.
The C~y will provide an administrative response in a timely and reasonable manner
(within 30 days, if possible). The response will indicate corrective actions, if any,
to the employee filing the complaint and to the individUal(s) involved in the. sexual
harassment.
If the employee perceives the situation to be threatening, that employee may
request aUthorization to use accrued Annual Leave or Leave W'Ehout Pay or a job
transfer. Approvals will be determined on a case by case basis.
Disciplinary and/or corrective actions shall be imposed based upon the severity of
confirmed sexual harassment.
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Confident~a!ity shall be maintained to the extent allowed by law to the persons
involved in any investigation of a complaint. Unnecessary disclosures shall be
prohibited.
Employees exercising their 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.
Administrative operating procedures as determined by the Director of Personnel
for this policy shall be applicable.
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CHAPTER 30 EFFECTWE DATE OF POLZCIES
The effective date of this policy will be March 30, 1998. The polities shall be applicable to
all employees hired after March 30, 1998, and to all employees hired before March 30,
1998, if that employee files a written election, on or before 3une 1, 1998, to be covered
by these policies and not by Civil Service Rules and Regulations. A permanent employee
who timely makes the election to be covered by these policies, will continue to accrue sick
and vacation time in the same manner he or she accrues it under Civil Service.
PPM Final Policy - 1/13/98
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