PPM_Commission_Approved_May_2011_ADA4PERSONNEL POLICY MANUAL
CITY OF BOYNTON BEACH
IMPORTANT NOTICE
1
Many of the policies contained in this manual are based on policy
determinations, legal provisions, interpretations of law, and employee
relations principles, all of which are subject to change. For this reason, this
manual is considered to be a guideline and is subject to change with little
notice.This manual does not constitute a contract of employment.
Nothing in this manual shall be construed to constitute a contract or offer of
a contract. The City has the right, at its discretion, to modify this manual at
any time with or without notice. The provisions set forth in this manual are
not intended to create a property right or entitlement. Nothing herein limits
the City's rights to terminate employment.
City of Boynton Beach Effective Date: 03/01/1998
Personnel Policy Manual Last Revised May 2011
3
TABLE OF CONTENTS1
Page2
I. GENERAL PROVISIONS .................................................................................................... 53
01. Purpose of These Policies.......................................................................................................54
02. Organization for Personnel Administration ...............................................................................55
03. Equal Employment Opportunity Statement...............................................................................66
04. Code of Ethics…....................................................................................................................67
05. Harassment..……………..………......…………………………………………………………………………………………78
06. Violence in the Workplace......................................................................................................89
07. Drug and Alcohol Use ............................................................................................................910
08. Americans with Disabilities Act (ADA)......................................................................................911
09. Effective Date of Policies........................................................................................................912
II.EMPLOYMENT…………………………..................................................................................... 913
01. Types of Employees…………………………....................................................................................914
02. Recruitment and Selection.................................................................................................... 1015
03. Employment of Relatives...................................................................................................... 1216
04. Hours of Work..................................................................................................................... 1317
05. Human Resources Information / Employee Files..................................................................... 1318
06. Probationary Period............................................................................................................. 1319
III. COMPENSATION ......................................................................................................... 1420
01. Overtime ............................................................................................................................ 1421
02. Callback and On Call............................................................................................................ 1422
03. Compensatory Time............................................................................................................. 1523
04. Incentive Pay System .......................................................................................................... 1524
05. Bonus Awards.................................................................................................................... 1625
06. Demotions / Transfers ......................................................................................................... 1626
07. Travel ................................................................................................................................. 1727
28
IV. BENEFITS.................................................................................................................... 1729
01. Legal Holidays..................................................................................................................... 1730
02. Furlough Hours ……………………………………….......................................................................... 1831
03. Vacation Leave.................................................................................................................... 1832
04. Sick Leave with Pay............................................................................................................. 1933
05. Emergency Cash-In of Vacation and / or Sick Leave Time ………………………………………………...... 2034
06. Bonus Hours....................................................................................................................... 2035
07. Leave With Pay ................................................................................................................... 2136
08. Disability / Leave Without Pay .............................................................................................. 2337
09. Family and Medical Leave Act...............................................................................................2338
10. Retirement Benefit .............................................................................................................. 2339
V. PROFESSIONAL DEVELOPMENT..................................................................................... 2440
01. In-Service Training.............................................................................................................. 2441
02. Tuition Assistance ............................................................................................................... 2442
VI. DISCIPLINE.................................................................................................................2443
01. Disciplinary Actions.............................................................................................................. 2444
Misconduct.......................................................................................................................... 2545
Serious Misconduct ..............................................................................................................2646
Extreme Misconduct.............................................................................................................2747
Procedure for Disciplinary Action ........................................................................................... 2848
02. Disposition of Criminal Charges …………………………….............................................................. 3149
City of Boynton Beach Effective Date: 03/01/1998
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03. Formal Grievances............................................................................................................... 311
VII. RESIGNATION / TERMINATION................................................................................... 322
01. Resignation/Termination...................................................................................................... 323
02. Lay-Off............................................................................................................................... 324
VIII. APPENDIX.................................................................................................................335
01. DEFINITIONS....................................................................................................................... 336
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City of Boynton Beach Effective Date: 03/01/1998
Personnel Policy Manual Last Revised May 2011
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1
I. GENERAL PROVISIONS2
3
01. Purpose of These Policies45
These policies are to provide guidance for the administration of the City’s Personnel program.6
7
A.These policies shall apply to all classifications, unless a classification is covered by a8
collective bargaining agreement or an appointment letter. If the bargaining agreement9
that covers an employee or an employee’s appointment letter does not address specific10
issues then these policies shall apply as to that issue.11
12
B. An employee who is promoted or reclassified from classifications previously covered by a13
bargaining unit agreement or by any previous rules or regulations into positions affected by14
these policies, shall be considered covered by these policies effective as of the date of the15
promotion or reclassification.1617 Approval of Policies18
These policies shall be in force and effect when approved by Ordinance of the City Commission. In19
the event of any conflict between these rules and any other existing policies, rules or regulations20
which are in conflict with these policies, these policies shall prevail.2122 Amendment of Policies23
These policies may be amended from time to time by Ordinance of the City Commission.,2425 Codification26
The City Administrationreserves the right to re-codify the Personnel Policy Manual to facilitate its27
use.28
29
02. Organization for Personnel Administration30
31
City Commission:32
33
The City Commission shall:3435 A.Have the power to approve or amend the Policies after receiving a recommendation from36
the City Manager.37
38
B.Ratify letters of appointment when required by the City Charter.39
40
City Manager41
The City Manager shall:4243 A.Be responsible to the City Commission for the administration of the personnel system.4445 B.Appoint, promote, transfer, remove, demote, suspend, or discipline all subordinate46
employees. The City Manager may, in his/her discretion, delegate administrative47
authority to the Human Resources Director or Assistant City Manager to approve48
personnel actions. The City Manager may enter into letters of appointment to hire or49
retain exempt status management employees under such terms and conditions as the50
City Manager deems necessary to hire or retain competent management personnel.51
Ratification of letters of appointment by the City Commission is not required unless52
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Personnel Policy Manual Last Revised May 2011
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otherwise required by the City Charter.12 C.Perform other duties and have and exercise other powers in personnel administration3
as is vested in the City Manager by the provisions of the City Charter,applicable law and4
these policies.56 D.Appoint a Human Resources Director who shall be responsible to the City Manager for7
the administration of the City's Human Resources programs.8
9
Human Resources Director:1011 The Human Resources Director shall:1213 A.Administer the provisions of these policies.1415 B.Develop and administer recruitment and examination programs to source competent16
applicants to meet the needs of the City.1718 C.Develop, administer and maintain job descriptions/classification specifications that19
reflect the duties being performed by each employee.2021 D.Perform a periodic review of compensation levels, in the area, to the extent that such22
levels affect City employment.2324 E.Provide forms and/or procedures as necessary, appropriate or desirable to carry out the25
Human Resources programs.2627 F.In cooperation with the City Manager and various department heads, develop and28
establish training and educational programs for employees as conditions warrant.2930 G.Perform Human Resources administration activities consistent with the City Charter or31
these policies, as the City Manager may direct, or as may be required by Ordinance.3233 H.Prepare and recommend policies or amendments to the policies as necessary or34
advisable to carry out the intent and purposes of the City’s Human Resources35
programs.3637 I.Administer the Employee Benefit Programs.38
J. Periodically, review the Human Resources Personnel Policy Manual (PPM) and make39
recommendations to the City Commission through the City Manager for amendments of40
the PPM.41
K.Administer the Performance Appraisal Program.42
03.Equal Employment Opportunity Statement43
The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination because44
of race, color, creed, religion, national origin, sex,age, political affiliation, disability (except where45
such factor is a bona fide occupational qualification or is required by State and/or Federal law),46
sexual orientation, marital status, veteran status and/or other protected class status in all aspects of47
its personnel policies, programs, practices, recruitment, examination, appointment, training,48
promotion, retention or any other actions and operations.49
50
04.Code of Ethics51
In accordance with the City of Boynton Beach current Ordinance, all City employees are subject52
to and must comply with the Palm Beach County Code of Ethics. Employees are required to53
complete City ethics training programs and submit a signed proof of training to Human54
Resources for inclusion in the employee’s personnel file. New hires are required to complete the55
ethics training and submit their proof of training form to Human Resources within one (1)56
month of employment.57
58
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05. Harassment12
The City of Boynton Beach is committed to providing a work environment that is free of unlawful3
harassment. Harassment (both overt and subtle) is a form of discrimination when a person is4
subjected to a hostile or offensive work environment because of threatening, intimidating,5
embarrassing, or other offensive behavior based on race, religion, age, disability, sex, national6
origin, sexual orientation, or other protected class status.7
8
Unlawful harassment is a serious offense and a violation of the City’s standards of conduct. Any9
employee who engages in harassment of another employee or encourages such behavior by others10
shall be subject to disciplinary action up to and including dismissal. By way of illustration, but not11
limitation, the following shall constitute inappropriate workplace behavior:12
13
1.Disparaging remarks (written or verbal) of a discriminatory nature. Includes slurs toward a14
protected group;15
2.Jokes targeting a protected group, as well as jokes or comments or a sexual nature;16
3.Posters, flyers, personal attire, etc., designed to promote discrimination or harassment of a17
protected group;18
4.Disparate treatment of individuals in the protected categories involving recruitment,19
promotional opportunities and application of policies, procedures and regulations;20
5.Acts of violence, threats of violence, or other harmful or offensive behavior intended to21
promote a hostile work environment because of an individual(s) membership in a protected22
group;23
6.Sexual harassment can include unwelcome sexual advances, request for sexual favors, and24
other verbal or physical conduct of a sexual nature that creates a hostile or intimidating25
environment. The policy prohibits behavior that is not welcomed by the employee and is26
personally offensive such as, but not limited to:27
Sexual flirtations, advances or propositions.28
Verbal abuse of a sexual nature, sexually related comments and joking, graphic, or29
degrading comments about an employee's appearance, or the display of sexual objects30
or pictures.31
Any uninvited physical contact or touching, such as patting, pinching or intentionally32
brushing against another's body.33
34
Provisions35
1. All levels of supervisors are responsible for communicating this policy, and for36
recognizing, responding, taking corrective actions, and/or preventing the harassment of37
City employees.38
2.Employees who feel they are a victim of harassment have an obligation and a duty to advise39
the individual instigating the harassment that the conduct or behavior is unwelcome and40
offensive. If the behavior continues, the employee is required to immediately report the41
behavior to their own supervisor or to Human Resources. The individual instigating the42
harassment may not necessarily be another employee, co-worker, or supervisor, but may43
also be any other person conducting business for or with City employees.44
3.Employees are required to complete Preventing Harassment and Discrimination policy45
training on-line as directed.46
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1
Procedures2
1.Employees should report any harassment complaint immediately. Employees have the3
option of reporting the complaint as follows:4
a.to their supervisor or department director, or5
b.to the Director of Human Resources or a Human Resources Department designee.6
2.If the supervisor or department director is the person accepting the complaint, he or she will7
try to resolve the problem and will also notify the Director of Human Resources of the8
complaint.9
3.A written statement will be requested of the complainant. Human Resources will begin10
coordinating and conducting the investigation process in a timely manner.11
4.The City will provide an administrative response in a timely and reasonable manner. The12
response will indicate corrective actions, if any, to the employee filing the complaint and to13
the individual(s) involved in the harassment.14
5.If the employee perceives the situation to be threatening, that employee may request15
authorization to use accrued annual leave, leave without pay or a job transfer. Approvals16
will be determined on a case-by-case basis.17
6.Disciplinary and/or corrective actions shall be imposed based upon the severity of confirmed18
harassment.19
7.Confidentiality, to the extent permitted by law,shall be maintained to the extent allowed by20
law to the persons involved in any investigation of a complaint.21
8.Employees exercising their rights by filing a complaint in good faith will not be retaliated22
against by the City regardless of the findings of the investigation; however, any employee23
found to have provided false or misleading information or one who does not fully cooperate24
with an investigation when filing a complaint may be subject to disciplinary action.25
9.The Director of Human Resources shall determine the administrative operating procedures26
for this policy.27
28
06.Violence in the Workplace29
30
The City of Boynton Beach maintains a zero tolerance policy toward workplace violence. It is the31
intent of the City to provide a workplace free from intimidation, threats, or violent acts.32
33
1.Violence, potential for violence, or the threat of violence, by or against any employee of34
the City of Boynton Beach, is unacceptable and will subject the perpetrator to serious35
disciplinary action up to and including termination, and criminal charges.36
2.Possession, use, or threat of use, of a weapon, including any type of firearm, is not37
permitted at work, or on City property, including City vehicles, unless such possession or38
use of a weapon is a necessary and approved job requirement .39
3.Any person who exhibits unusual behavior or makes threats, exhibits potential for40
violence or threatening behavior, or engages in violent acts on City property shall be41
removed from the premises as quickly as safety permits, and shall remain off the City’s42
premises pending the outcome of an investigation.43
4.All City personnel are responsible for notifying a supervisor of any threats, which they44
have witnessed, received, or have been told that another person has witnessed or45
received.46
a.Even without an actual threat, personnel should report any behavior they have47
witnessed which they regard as threatening or violent.48
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b.Failure to notify a supervisor of such activity will subject the employee to serious1
disciplinary action up to and including termination, and criminal charges.2
5.No employee acting in good faith, who reports real or implied violent behavior will be3
subject to retaliation or harassment.4
6.The actions of a supervisor, manager, or other employee will be dependent upon the5
seriousness of the situation. However, consistent with personal safety, managers and6
supervisors have a responsibility to make a good faith effort to defuse violent or potentially7
violent situations as quickly as possible in order to prevent their escalation and creating a8
threat to others.9
7.Employees are required to complete Violence in the Work Place Policy training.10
11
07. Drug and Alcohol Use12
13
The City of Boynton Beach does not tolerate any type of substance abuse including the use of14
illegal drugs, the abuse of prescribed drugs or alcohol abuse. This prohibition includes the15
unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in16
or away from the workplace. Employees are required to comply with the terms and conditions17
of the City’s Drug Free Workplace policy as approved in the most current City Ordinance. Any18
employee who violates this policy is subject to disciplinary action up to and including dismissal.19
(See Section VI Discipline .01 Disciplinary Actions, Extreme Misconduct.)20
21
The City recognizes drug dependency as an illness and a major health problem. Consequently, it22
provides an Employee Assistance Program (EAP) that offers short-term counseling, assessment and23
referral services to an employee or an employee’s immediate family members.24
25
Drug and alcohol testing for employees will be performed in accordance with City policy and as26
required to meet the requirements of the Department of Transportation and the City’s Drug Free27
Workplace Policy and the City’s Safety Manual.28
29
08.Americans with Disabilities Act (ADA)30
31
The City of Boynton Beach as an employer has a responsibility to ensure that all applicants and32
employees are treated fairly in all aspects of employment. It is the policy of The City of Boynton33
Beach to provide a workplace free from unlawful discrimination in which all applicants and34
employees have equal opportunity in all areas of employment. In compliance with the U.S.35
Department of Labor, Code of Federal Regulations, 28 C.F.R. 35.107, the City has designated36
the Human Resources Director as the City’s ADA Coordinator for employment related purposes.37
It is the policy of the City to fully comply with the Americans with Disabilities Act (ADA).38
39
09. Effective Date of Policies4041The original effective date of the PPM is March 30, 1998, with amendments in 2000, 2002,42
2003, 2005, 2009 and 2011.43
44
II. EMPLOYMENT45
01. Types of Employees46
City employees are divided into three (3) groups: contract employees, regular employees and47
bargaining unit employees.48
49
1.Contract employees are individuals hired by direct Letter of Appointment. Senior50
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management positions, professional and technical employees may be hired by the City1
Manager by Letters of Appointment. Salary, benefits and other terms and conditions of2
employment shall be negotiated on an individual basis. The Letter of Appointment shall3
specify which provisions of the PPM shall not apply to the employee.4
5
2.Regular Employees are employees whose terms and conditions of employment are6
covered by the PPM. Regular employees are not otherwise designated as contract7
employees or as bargaining unit employees.8
9
3 Bargaining Unit Employees are those employees whose positions are covered by a10
specific bargaining unit and whose terms and conditions of employment are covered by11
that agreement.12
13
02. Recruitment and Selection14
15
In order for the City to be operationally competitive with other governmental entities as well as the16
private sector, the recruitment and retention of qualified employees is of paramount importance. To17
achieve maximum efficiency, vacant positions shall be filled with the most qualified candidates in18
the best interests of the City through recruitment, selection, promotion/demotion or hiring of19
employees on the basis of their qualifications and relative knowledge, abilities, and skills.20
21
Basic Requirements22231.Human Resources is responsible for the nondiscriminatory implementation of this policy.24
2.Each department is responsible for assisting the Human Resources Department with25
recruitment, interviews, tentative selections, and recommendations for appointment.26
Departments do not have the authority to modify or waive the provisions of the PPM.27
3.Human Resources has primary responsibility for hiring employees. All employment28
discussions by department representatives are to be considered non-obligatory, exploratory,29
and tentative in nature and should be indicated as such to the applicant. Any offers of30
employment made to an individual prior to obtaining all necessary authorizations shall not31
be binding on the City.32
33
Procedures34
A.Applications and Interviews35361.Once Human Resources has officially announced a job vacancy through the posting of37
an Employment Opportunity notice on the City’s website, the official recruitment process38
has begun. The recruitment process may be withdrawn for any position by the Director39
of Human Resources.4041 2.Individuals desiring consideration for employment must submit an Application for42
Employment, to Human Resources via the City’s website. All information provided in the43
Application for Employment will be subject to verification.4445 3.New hires are required to complete a twelve (12) month probationary period before46
they can apply for another position in the City. During certain economic conditions the47
City Manager may waive this rule. Current employees who are interested in and qualify48
for a posted vacancy are encouraged to apply by submitting their applications via the49
City’s website. Veterans’ preference will be given in compliance with current legislation.5051 4.Falsification of any part of the Application for Employment or any related documents52
may, upon discovery, lead to the denial of an application, withdrawal of an offer of53
employment, or dismissal of the employee regardless of the employee’s length of54
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service.12 5.Departments should not accept applications or resumes since applicants are required to3
apply on-line. Applicants should be referred to the City’s website.45 6.Human Resources will only accept applications for employment when a job vacancy has6
officially been announced through the posting of the Employment Opportunity notice on7
the City’s website.89 7.Human Resources will conduct background checks including but not limited to10
verification of academic degrees, certifications and licenses as applicable.1112 8.Certain classifications may require meeting applicable testing requirements prior to13candidates being given consideration. Human Resources will administer examinations14
for classifications that require tests as part of the selection process.1516 9.Human Resources will forward test results and applications that meet the minimum17
qualifications of the position to the appropriate Department Head/Department Head18
Designee or the hiring manager.1920 10.Upon receipt of the eligible applications, the department should:21
a.Review and evaluate all applications based on, but not limited to; relative22
qualifications, knowledge, abilities, skills, education, degree requirements,23
experience, and certifications or licenses required in accordance with current24
classification specifications.25
b.Determine that the applicant pool is sufficient prior to proceeding to the26
interview and/or applicant testing step and prior to making a27
recommendation for employment.28
c.Prepare an interview schedule and conduct interviews. Human Resources29
may assist in scheduling, contacting, or interviewing of applicants at the30
request of the department.31
d.Determine which candidate is most suitable for further consideration and32
proceed with applicant testing, if applicable, or additional interviews, if33
necessary.34
e. If a selection cannot be made the department should notify Human35
Resources to re-post the Employment Opportunity Notice to solicit additional36
candidates.37
38
B. Selection, Reference Checks and the Recommendation Process39
40 1.Once the interview process has determined suitable applicants, the department is41
responsible for checking employment history and references. No inquiry regarding42
criminal records, credit history or medical conditions shall be made at this step of the43
evaluation.4445 2.Human Resources may also conduct verifications regarding academic degrees, licenses46
and certifications, as applicable, verifying previous employments, and references. All47
information provided on the Application for Employment will be subject to verification.4849 3.Once the results of reference checks and other verifications are determined to be50
satisfactory, the department will be notified.5152 4.The department may then recommend an applicant for employment and submit the53
proper forms to Human Resources for processing. If the Department Director proposes54
a salary that exceeds the minimum of the position's pay range, written justification must55
be included for consideration of the salary.5657
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5.Upon approval of a recommendation for employment and in conjunction with a tentative1
offer of employment, a pre-employment physical and a drug test may be conducted.2
Medical results must be satisfactory to determine fitness for duty. At this step of the3
hiring process, Human Resources, shall also conduct the appropriate background4
verification and may verify credit, following the requirements of the Fair Credit5
Reporting Act.67 6.After review and acceptance of an applicant's background history and other pre-8
employment screening, the Human Resources Director may authorize proceeding with9
the hiring process.1011 7.It is the City's intent to employ the most qualified applicant best suited for the position.12
Current employment with the City is a factor, but is not, in and of itself, the13
determinative or controlling factor.14
15
C. Employment Acceptance16
17
1.Employment acceptance must be made by the applicant, within three (3) workdays of18
the department's employment offer, unless otherwise extended by Human Resources. If19
employment acceptance is declined, the department may consider another applicant20
from the recruitment's applicant pool, or the department may choose to begin a new21
recruitment process. Employment Procedures shall be followed in either case.2223 2.Human Resources and the department will collectively establish the hire date upon24
pre-employment clearance. New employees must provide proof of work eligibility and25
verification of identity to the City within three (3) business days of their first work26
day in accordance with the Department of Homeland Security’s employment27
eligibility requirements. Upon hire, Human Resources will forward the necessary28
employee paperwork to the Finance Department for payroll purposes.29
30
D.Orientation3132Human Resources shall schedule and conduct a general orientation program for all new33
employees to explain the City's history and organization, to review City Policies including the34
Code of Ethics, to assist with the completion of benefit program enrollment forms, and to35
emphasize the use of safe work practices.36
37 03. Employment of Relatives38
39
An employment decision that results in the hiring of a relative of another City employee must be in40
compliance with the Florida state law on nepotism. This policy is intended to eliminate hiring41
practices that result in conflicts of interest, favoritism or the appearance of impropriety.4243
A.No person may be hired or transferred into a department in which he/she has an44
"immediate family” member working if it would necessitate one to supervise or evaluate the45
other.4647
B.Persons becoming husband and wife while working within the same department may not48
both continue their employment in the same department, if one supervises or evaluates the49
other.5051
C.The provisions of Florida Statute 112.3135, regarding nepotism shall supersede any52
provision of this Policy.53
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1
04. Hours of Work2
3
Hours of work will be determined by Department Directors, subject to the approval of the City4
Manager and shall:5
A.be determined in accordance with the needs of the City, and6
B.be established in a manner that promotes environmental sustainability by conserving7
financial and environmental resources, and8
C.be established to provide the public with convenient access to City resources and services.9
05.Human Resources Information / Employee Files10
11
The official personnel file of each employee is electronically maintained in Human Resources. All12
documents in the file, with certain exceptions, are subject to the Florida Public Records Statute13
119.07 that requires information in the file be made available for review upon request.14
Documents/information exempted by this Law (with some exceptions, e.g. a Court Order) are:15
Social Security Number16
Medical information17
Benefit Information18
Home Address and telephone number of employees designated in F.S. 119.0719
Spouse’s work and children’s school addresses and telephone numbers of these20
employees2122
When there is a request to review an employee’s personnel file, the employee must be notified in23
writing within ten (10 days) (E-mail is acceptable notification).2425
Employees must notify Human Resources in writing, within ten (10) days, whenever they have a26
change of address or telephone number, or a change in the name, address or telephone number27
for their emergency contact.28
29
06.Probationary Period30
31
In order to determine that each employee is placed in a position most likely to result in a32
successful career at the City, all newly hired or promoted/demoted or transferred employees33
shall be required to complete a probationary period.3435 All Probationary employees:36
Have no property entitlements to their positions.37
Shall be subject to demotion without the City being required to state a reason. The38
probationary employee can not appeal the demotion.39 Shall be subject to dismissal without cause, after review by Human Resources.40
Have no right to appeal or grieve any type of disciplinary action.41
42
New Hire (Full-time):43
Each new full-time employee must successfully complete a probationary period of twelve (12)44
months from the date of hire. During the twelve (12) month probationary period new hires are45
not eligible to apply for other positions.4647 Part-Time to Full-Time:48
A part-time employee who accepts a full-time position must successfully complete a49
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probationary period of twelve (12) months from the date of the status change.12 Promotion to a Higher Graded Position:34 Each promoted employee must successfully complete a probationary period of six (6) months5
from the date of promotion.Note:Applicants for promotion must have been in their current6
position for a minimum of six (6) months and have a “Meets Standards” or higher performance7
rating. The pay of a promoted employee, who is demoted prior to completion of a probationary8
period, will be reduced by the same amount as the promotional increase. Exceptions to this9
policy may occur if there is a departmental restructuring that results in an involuntary demotion10
for one or more employees. The City Manager must approve any restructuring and resulting11
demotions.1213 Transfer to a different position, whether in the same pay grade or as a demotion:1415 Each transferred or demoted employee must successfully complete a probationary period of six16
(6) months from the date of transfer or demotion.17
18
III. COMPENSATION19
20
01. Overtime2122The City has the right to assign work and overtime. Exempt employees are not eligible for overtime23
compensation. Overtime pay for non-exempt employees may be given only for authorized or24
directed time worked in excess of 40 hours in a seven (7) day workweek. Overtime will not be25
granted for less than a fifteen (15) minute period. In calculating eligible overtime compensation,26
only actual hours worked shall be counted.2728
Provisions of the Fair Labor Standards Act shall be applied to resolve all overtime issues.29
02. Callback and On Call3031
Callback32
Callback is an unscheduled or emergency return to work, at the request of a Department Director or33
his/her designee, outside of officially scheduled work hours or on a holiday or day off. It is not34
overtime or holiday if work is scheduled in advance and a regularly recurring call to duty.3536
Any employee who has physically left work (punched out, etc.) and is called back to work by his/her37
Department Head or the Department Head's designated representative for an unscheduled or38
emergency assignment, shall be compensated for two (2) hours of call back pay, plus the time39
worked in excess of the first fifteen (15) minutes.4041
If work conducted on the call extends into normal work hours, the time worked will be paid at42
straight time. Employees called back to work during lunch breaks are not entitle to Call Back Pay.43
In this case the finishing time for that particular work day will be adjusted accordingly.4445 On Call46
To provide for after-hour service needs, some operations within the City may designate non-47
exempt employees to be on-call.48
4950 Restricted on-call: time spent on or away from City premises under conditions which prevent the51
employee from using the time for personal activities. All such time in readiness is considered52
time worked.5354 Unrestricted on-call: all time after regularly scheduled working hours when an employee is55
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designated to be available for call-back. The employee is free to pursue personal activities but1
must respond to pager or cellular phone contact within designated guidelines set by the2
department head. This is not considered time worked. If called back, however, call-back3
compensation will be paid.4
5
03.Compensatory Time6
7
An employee eligible for overtime may be granted compensatory time off at the same rate it was8
earned (i.e., straight time for straight time, time and one-half for time and one-half). Compensatory9
time can be earned, accumulated, and used, with the Department Director's approval or direction,10
in accordance with the Fair Labor Standards Act. Compensatory time will be accrued and used at11
the same rate the overtime rate would be paid. Employees may accumulate a maximum of eighty12
(80) hours of compensatory time. At no time may an employee accumulate more than eighty (80)13
hours of compensatory time. Compensatory time may be taken as earned subject to the approval14
of the Department Head/Designee who shall schedule the time off to meet the operating15
requirements of the Department. If an employee’s collective bargaining agreement addresses this16
issue, the contract language will be followed.1718
The choice of whether to grant overtime pay or compensatory time rests solely with management19
and depends on the most efficient and economical delivery of services.20
21
04.Incentive Pay System22
23
Due to budgetary constraints the City Manager, at his/her discretion, may suspend the Incentive24
Pay System during any fiscal year by memorandum to the City Comission.2526
The City of Boynton Beach has established the Incentive Pay System to motivate and reward27
individuals or groups of employees according to their job performance and contributions toward the28
accomplishment of major objectives. The purpose of the system is to promote continuous29
improvement and quality performance through individual and cooperative effort, assist in career30
development and advancement, identify individual training needs, determine suitability for31
assignment, effectiveness in the assigned position and identify individual ability for assuming more32
responsibility. All employees should be continually working towards the values, goals, and33
objectives of the City.3435
Incentive payments will be considered for the following type of activities (although they are not36
limited to just these types of activities):3738
Customer service improvements.39
Cost efficiencies (savings).40
Improvements in operations.41
Productivity enhancements.42
Expanding hours of operations.43
Doing work in-house rather than engaging a consultant.4445
Incentive pay and bonuses will not be included in the employee's base pay and may not be carried46
forward in subsequent years in accordance withSee FloridaStatute 166.021(7).47
48
Eligibility49
50
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Regular budgeted employees, both full-time and part-time, who have successfully passed their1
probationary period, are eligible for this program.2
3
05.Bonus Awards4
5
Due to budget constraints the City Manager, at his/her discretion, may suspend the Bonus Awards6
Program.78
In addition to any other monetary benefit, the City Manager is authorized to approve a bonus up to9
$500.00 when the City Comission has appropriated funds for bonus payments and, when such a10
bonus is justified, in writing, by the Department Head. This bonus will not affect the employees pay11
grade or pay rate. Funds for the bonus will be budgeted as a separate allowance and administered12
under the direct control of the City Manager. Employees are not automatically entitled to bonus13
money and only one bonus will be allowed to an employee in a fiscal year. This approach is a14
system where the immediate supervisor and Department Director can recognize top performance15
and reward the employee promptly.1617
Bonuses will not be included in the employee's base pay, are not pensionable income and will18
not be carried forward in subsequent years, in accordance with FloridaStatute 166.021(7).19
Adoption of the PPM by the City Comission constitutes Commission approval of an extra20
compensation program.21
22
06. Demotions/Transfers23
24
Demotions25
Transfer of an employee from a higher graded position to a lower graded position may be initiated26
due to any of the following reasons:27
The City demoting an employee as part of a departmental restructuring;28
Realignment of responsibilities for failing to meet standards of performance.29
The inefficiency or incompentence of an employee in the performance of assigned duties;30
The failure of an employee to comply with employment conditions such as licensure or31
certification;32
The employee requesting a voluntary demotion to a lower graded position.33
Any other valid reason for a demotion which is not stated herein.3435
Each demoted employee must successfully complete a probationary period of six (6) months from36
the date of demotion. Failure of an employee to successfully complete probation shall result in37
termination of employment.38
o See Section II Employment, 06 Probationary Period for guidelines regarding39
probationary employees.40
Transfers41
The City retains the exclusive right to transfer employees from one location to another, one shift to42
another, or from one starting time to another.43
Employees transferring from one position to another in the same pay grade, whether in the44
same or in a different department will maintain the same pay rate.45
Each transferred employee must successfully complete a probationary period of six (6)46
months from the date of transfer.47
o See Section II Employment, 06 “Probationary Period” for guidelines regarding48
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probationary employees.1
07.Travel2
3
This policy applies to all departments budgeting travel expenses and to all employees and4
authorized persons incurring and requesting reimbursement of travel expenses. Occasional5
travel by City authorized persons is considered necessary and advantageous to the conduct of6
City business.78 1.Attendance at selected professional association meetings, technical training courses, and9
business meetings provide a benefit to the City and its taxpayers through an increased10
awareness of technical and administrative developments.11
2.However, the time and cost of travel, the resulting absence from normal duties, and the12
public’s sensitivity to these issues demand examination of alternative means of13
accomplishing travel purposes. Consider telephone conference calls, webinars, in-house14
and local sessions, and written communications prior to requesting travel authorization.15
3.When no feasible substitute for travel exists, the traveler and the approving authority16
must keep all associated expenses to a minimum.17
4.Travel must be authorized well in advance as last minute arrangements and changes can18
be costly.19
5.Travel expense reimbursements will be made within limitations of this policy.2021 The complete policy administered by the Financial Services Department, to include definitions,22
procedures and forms, is included in the Administrative Policy Manual.23
24
IV. BENEFITS25
26
01.Legal Holidays
New Year's Day Veterans Day
Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Independence Day Christmas Day
Labor Day
27
28
Unless required to be on regular duty, legal holidays to be observed by the City's employees are:2930
31
32
33
34
35
3637
The City Manager and City Commission reserve the right to declare these and any other holidays on38
a date designated by them. The declared date does not necessarily have to be on the traditional39
holiday, but on a date that meets the best interest of the City.4041
Hourly rate employees must work their regularly scheduled workday immediately before and after42
the holiday in order to receive pay for the holiday, or be in an authorized with pay status43
immediately before and after the holiday. Part-time, temporary, and emergency appointed44
employees are not eligible for holidays with pay.4546
Full time employees shall be compensated for City observed holidays as follows:47
When a City observed holiday falls on an employee’s scheduled work day, the employee will48
receive eight (8) hours of holiday pay at his/her straight time pay rate.49
When an observed holiday falls on an employee’s non-scheduled work day it will be treated50
as a floating holiday and eight (8) hours will be added to the employee’s vacation leave51
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bank.1
Employees on vacation, annual military leave, jury duty, sick leave, compassionate leave, or2any other absence, but in an active pay status on the day the holiday is observed shall use3
the holiday on the same day that it is earned.4
Holidays that occur during vacation leave shall not be charged against such vacation leave.5
If an employee’s collective bargaining agreement addresses City observed holidays, the6
contract language will be followed.78
Due to budgetary constraints legal holidays may be suspended and designated as unpaid time by9
the City Manager when approved by the City Commission. Other days off, paid or unpaid, may be10
specifically designated from time-to-time by the City Manager and approved by the City11
Commission.12
02.Furlough Hours13
Furlough leave is the placement of an employee in a temporary non-duty, non-paid status for14
budgetary related reasons. The implementation of furloughs is a policy decision reserved to the15
City Commission. The City Manager shall have the authority to exempt certain employees from16
furloughs during periods of declared emergencies.17
18
03.Vacation Leave19
Each full time employee shall earn vacation leave at the rates shown in the scheduled outlined20
below. The number of hours credited per year will not increase after the 21st year of service unless21
the schedule is amended. In computing vacation leave, no vacation leave will accrue for any week22
in which the employee is not in a paid status for 24 or more hours. A regular employee shall, upon23
termination of employment with the City, be paid for unused accumulated vacation leave.24
Employees on their initial one (1) year probation are not eligible to take vacation for the first six (6)25
months of employment. Employees, who end their employment with the City within the first six (6)26
months of employment, are not eligible to be paid for any accrued vacation time.27
VACATION ACCRUAL POLICY28
(Based on 40 hour work week)29
Years of Service Vacation Hours
1 Year 80
2 - 3 Years 120
4 Years 128
5 Years 136
6 Years 144
7 Years 152
8 Years 160
9 Years 168
10-15 Years 176
16 – 20 Years 192
21 years and after 200
30
Employees may accrue vacation leave to a maximum of the leave earned in the most recent two31
employment years. Vacation leave accrued during October 1 – September 30 may exceed this32
stated policy, however, any amount over the allowable maximum that has not been used during33
that October 1 – September 30 will be forfeited as of September 30 of that fiscal year.34
However, employees who have been denied vacation shall have the excess vacation hours paid35
to them at their regular straight time rate of pay in the last pay check of the fiscal year.36
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Employees who were covered by the vacation accrual and sick leave payout policies in effect1
prior to 1991 will continue to be covered by those schedules.2
3
04.Sick Leave with Pay4
5
Sick leave with pay shall be granted to contract and regular full time employees, including6
employees serving a probationary period on an original appointment, at the rate of eight (8) hours7
for each completed month of service (96 hours/year). Such leave shall be computed on an8
employment year basis. Sick leave pay will be paid at the same rate as a regular workday.9
Unlimited accumulation of sick leave is authorized. Bargaining Unit employees will be granted sick10
leave in accordance with their collective bargaining agreement.1112
Sick leave shall not be considered as a right which an employee may use at his/her discretion, but13
rather as a privilege which shall be allowed only in case of: personal sickness, disability, legal14
quarantine or because of exposure to contagious disease. Up to 40 hours per fiscal year may be15
taken for regular and contract employees for the illness of an immediate family member(spouse,16
child, parent).1718
In the case of a prolonged, catastrophic illness within the family, an employee may take additional19
family sick time in accordance with Family and Medical Leave Act (FMLA). If the illness is not a20
qualifing event for FMLA leave, additional time may only be taken if a doctor's letter is submitted21
and the Department Director , the Human Resources Director and the City Manager approve. In22
this scenerio it may be extended to forty (40) hours for a total of eight (80) hours. Family sick23
leave not covered by FMLA may be extended, but not to exceed twelve (12) weeks in a rolling24
twelve (12) month period. See Section IV Benefits, 09 FMLA. FMLA Sick leave will not be granted if25it falls on regular days off or on a holiday.2627
In order to be granted sick leave with pay an employee must meet the following conditions:28
A.Notify his/her immediate supervisor or supervisor’s designee at least one (1) hour before29
the beginning of the scheduled workday of the reason for his/her absence.30
B.For medical examination, treatment or evaluation of non-elective, necessary medical31
procedures.32
C.File a written request for sick leave on the form and in the manner to be prescribed.33
D.For absences of more than three (3) consecutive workdays, sick leave must be documented34
by a doctor's certificate explaining the absence and/or unfitness for duty. In the case of35
extended absences, four (4) days or more, it is the duty of the employee to contact his/her36
Supervisor or Department Manager on a weekly basis until he/she is cleared for return to37
work. The City reserves the right to require an interim doctor’s certificate/report during the38
employee’s extended absence.39
E.If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise,40
the employee will be placed on restricted sick leave for ninety (90) days and a doctor's41
certificate will be required for any sick leave related absence. If there is a violation of the42
restricted sick leave policy, or additional incidents of absences, progressive discipline shall43
be applied and the employee will be placed on another ninety (90) day period of restrictive44
sick leave beginning on the date of the policy violation).45
F.No sick leave will accrue for any week in which the employee is not in a paid status for46
twenty-four (24) or more hours.47
G.In computing sick leave taken, all employees shall be charged one (1) hour sick leave for48
each hour not worked because of illness.49
H.Regular employees who have exhausted their accumulated sick leave and are still unable to50
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return to work may draw against their vacation leave account.1
I.Claiming sick leave when physically fit shall be cause for discharge.2
J.All regular employees (or their beneficiaries in the case of death) will have payment made3
for unused sick leave at the rate specified in the table below for the total number of hours4
accumulated, but not taken, upon resigning, retirement or death. (Retirement shall include5
normal retirement, disability retirement or early retirement as defined in the appropriate6
Pension Plan.)7
Continuous Years of Service Percent of Accumulated Sick Leave8
Less than 5 full years 0%9
More than 5 full years, but less than 10 full years 25%10
More than 10 full years 50%11
Upon retirement from the City 50%12
K.Employees may return to work with a Light Duty Certificate and/or letter from their13
physician provided there is work available within the department that would comply with14
the doctor’s requirements. If there is no such work available the employee will remain on15
sick leave or workers’ compensation status until receiving a full release to return to work16
from their doctor.17
18
05.Emergency Cash-In of Vacation and/or Sick Leave Time19
Employees faced with sudden extraordinary circumstances of hardship who have20
accrued vacation leave hours are eligible to request emergency cash in lieu of vacation.21
If approved, employees may convert up to eighty (80) hours to cash (less applicable22deductions) provided they have forty (40) hours remaining in their vacation leave bank23
after the cash-in. Conversions must be done in increments of eight (8) hours.2425 Employees who do not have enough vacation leave hours may consider including sick26
leave hours. Sick leave hours cash-in will be calculated at fifty percent (50%) of the27
employee’s hourly rate. The total of vacation and sick leave hours may not exceed28
eighty (80) hours and vacation hours must always be used before sick hours. Payment29
for sick leave hours may only be granted provided that they have eighty (80) hours30
remaining in their sick leave bank.3132 A request must be made in writing outlining the emergency, including supporting33
documentation and submitted to the Human Resources Director. A committee34
comprised of the City Manager, Finance Director and Human Resources Director will35
then review the request and approve the requested hours in total or modified as they36
see fit. This benefit can be used only once each fiscal year. At the discretion of the City37
Manager, the time limit rule may be waived if there are exigent circumstances.38
39
40
06.Bonus Hours41
42
This policy establishes a wellness program designed to minimize time lost on the job and to help43
reduce the City’s overall health insurance expenses. The City recognizes that employees44
occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However,45
this program provides incentive to reward those employees who use sick time responsibly.46
Accrual4748A.All full time City employees, excluding Civil Service, covered by this policy are eligible to49
receive eight (8) bonus hours for continuous attendance at work at the completion of each50
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calendar quarter that the employee has not used sick time, FMLA leave time, coded as sick1
time, or family sick during the previous quarter, nor has been absent from work or on leave2
other than those paid leave categories recognized in this document.34
B.Bonus hours shall be counted as vacation leave and subject to the provision set forth5
for use of vacation leave.6
7
07.Leave With Pay8
9 Jury Duty/Witness Fees:1011 In order to receive pay for jury duty supporting documentation must be submitted to payroll12
within two (2) weeks of the date the jury duty was served. If the appropriate13
documentation is not received, time away from the office will be charged as vacation leave.14
If no vacation leave is avaialble employee will be coded as excused unpaid. All pay granted15
under this section must be approved by the Department Director. Leave with pay may be16
authorized in order that regular employees may serve required jury duty or a subpoena17
issued by a court of law to appear as a witness on cases relevant to the City, provided that18
such leave is reported in advance to the Department Director. In order for the employee to19
receive his/her regular pay for such leave the employee must deposit the money which20
he/she receives for jury duty or as a witness with the City Finance Department for those21
hours that coincide with his/her regular workhours, unless otherwise provided by law.22
Employees can keep only travel expense monies. Employees subpoenaed as witnesses in23
cases unrelated to City business may take vacation leave in order to receive pay.2425
Military Leave:2627
Reserve Training:All employees in the City service who are members of military28
reserve units and who must attend annual training sessions are entitled to a leave of29
absence granted as a matter of legal right under the provisions of Florida Statute30
115.07 not to exceed 240 working hours per fiscal year in order that these employees31
may fulfill their military obligations.3233
Active Duty:All employees who are reservists and are ordered to active military duty shall34
continue to receive full City pay for the first thirty (30) days of active duty and thereafter35shall receive supplemental pay from the City, in an amount necessary to bring their total36
compensation, inclusive of their base military pay, to the level earned at the time they were37
called to active military duty.3839
The City will continue to pay the eligible employee’s portion of health, dental and life40
insurance premiums and the City’s pension contribution. If an employee has dependent41
insurance coverage, the Finance Department will consider this in determining the42
amount of supplemental pay so that the dependent insurance premiums can be paid43
prior to the supplemental check calculation. The employee’s pension contribution will44
also be made prior to the supplemental check calculation. If the supplemental pay is not45
sufficient to pay the dependent coverage, the employee will be responsible for sending46
the City a check to cover the dependent premium. The employee will also be47
responsible for making arrangements for any other benefit premium or other deduction.4849
Continued Service:Unless the person provides the City with written notice that they50
do not plan to return to employment with the City, no break in service will occur during51
the period of active duty and the employee with continue to accrue service for purposes52
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of seniority and pension eligibility12
Workers’ Compensation:3
Whenever an employee is totally disabled from duty for a period of no more than seven (7)4
calendar days because of an injury determined to be compensated under the provisions of5
the Worker's Compensation Act, he/she shall be entitled to full regular pay. If the period of6
disability is greater than seven (7) calendar days, the employee will be eligible to receive a7
sum of money up to an amount equal to the difference between his/her worker's8
compensation check and his normal net take home pay up to three (3) months. In no case9
will the salary supplement be extended beyond the three (3) months from the date of10
injury.1112
At the end of the three (3) months, or sooner, the Risk Manager and Claims Administrator13
will review the medical certification from the employee’s authorize workers’ compensation14
treating physician for a determination of pay status. If the authorized medical certification15
justifies temporary total disability, the supplement continuation will be granted. If the16
continuation of the salary supplement is granted, it shall continue at the same rate as17
defined above for up to an additional three (3) months.In no case will the salary18
supplement be extended beyond six (6) calendar months from the date on which the salary19
supplement began.2021
After three (3) months from the date of injury, the injured employee may elect to receive22
accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular23
hourly wage, to the extentthat his/her combined sick leave or vacation leave, and workers’24
compensation benefits equal his/her regular weekly net take home salary. The employee25
must contact the payroll clerk to qualify for the combined check.2627
It is incumbent on the employee to make application for disability in accordance with the28
pension plan he/she is a member of, or the insurance plan he/she is covered under. Failure29
to do this automatically cancels the additional City benefits.3031
If the appropriate disability plan denies the claim, the additional City salary supplement32
benefit will be canceled. If the appropriate disability plan accepts the claim, the salary33
supplement will be canceled after issuance of the disability pension check or at the end of34
the time duration outlined above, which ever comes first.3536
If an employee who is receiving Worker's Compensation payment along with City37
supplement, sick or vacation leave, is found to be working or receiving compensation for38
his/her services elsewhere during this period, he/she will be required to reimburse the City39
for all medical expenses and supplement sick or vacation pay taken and be subject to40
dismissal.41
42
Compassionate Leave:43
44
In the event of the death of the mother, father, child, foster parent, foster child, brother,45 sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild,46
mother-in-law, or father-in-law of a regular employee, the employee shall be entitled to paid47
compassionate leave not to exceed twenty-four (24) hours for any one death. However, if it48
is necessary for the employee to leave the State in connection with the interment of the49
deceased, forty (40) consecutive work hours shall be allowed. In order to receive pay for50
compassionate leave, employees must submit proof of death to payroll within two (2) weeks51
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of the date they returned from compassionate leave. If the appropriate documentation is1
not received, time away from the office will be charged as vacation leave, until such time2
that the appropriate documents are submitted to payroll. If no vacation leave is available,3
employee will be coded as excused unpaid. The City Manager may grant additional leave4
under this section when he/she deems it appropriate.5
6
08. Disability/Leave Without Pay7
8
A regular employee may be granted leave of absence without pay for a period not to exceed six (6)9
months for sickness, disability or other good and sufficient reasons that are considered to be in the10
best interest of the City. Requests must be in writing. A leave of absence without pay of up to thirty11
(30) calendar days can be approved by the employee’s Department Head and the Human12
Resources Director. A leave of absence in excess of thirty (30) calendar days must be approved by13
the City Manager. Employees that are on approved leave of absence without pay will be responsible14
for paying all their benefit premiums, e.g., insurance, etc.1516
Leave of absence without pay will not be granted in order to accept employment with another17
employer. If granted, leave of absence without pay may subsequently be withdrawn and the18
employee recalled to service. All employees on leave of absence without pay are subject to19
applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or20
seniority during a leave of absence without pay exceeding thirty (30) days2122
Employees who are in a personal disability status and not working will have their positions held for23
a maximum of six (6)months from the date of injury or illness. Employees may request sick leave,24
vacation leave or an unpaid leave of absence for time away from the job.25
09. Family and Medical Leave Act (FMLA)26
27
Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993; 29 CFR28
Part 825, as amended January 16, 2009).29
Eligible employees of the City of Boynton Beach are entitled to take leave from work for qualified30
reasons pursuant to the Federal Regulations of the Family and Medical Leave Act (FMLA). Human31
Resources will provide employees with information on FMLA and the required forms, when needed.3233 Employees granted leave under FMLA are required to use accrued sick leave while on FMLA. Should34
sick leave be exhausted while on FMLA leave, employees are entitled to use accrued vacation leave.35
The accrued paid leave used will be considered FMLA-protected leave and counted against the36
FMLA leave entitlement. Accrued sick leave used while on FMLA leave will be counted against37
bonus hours eligibility.3839 When medically necessary, an employee may take leave intermittently or on a reduced leave40
schedule for his/her own serious health condition or that of a family member. Intermittent or a41
reduced leave schedule is not available for the birth and care or placement of a child.4243
Employees on FMLA who have exhausted their sick and vacation accruals are eligible for donated44
leave time from City employees.45
46
10. Retirement Benefit47
48
Procedures for retirement and the benefits available to employees in conjunction with retirement49
are as set forth in the pension plan applicable at the time of retirement.50
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1
V. PROFESSIONAL DEVELOPMENT2
3
01. In-Service Training4
5
Any employee may be accorded leave with pay to attend an authorized program, provided that6
such training will considerably improve the employee's job knowledge and substantially increase7
his/her efficiency. (See Section IV. Benefits, 05.Leave With Pay, G. Authorize Training Leave)89
1.In the event the course is not successfully completed, employees granted leave under this10
rule shall reimburse the City for one-half the cost of such training course.1112
2.If the employee leaves the City service within one (1), full year after completion of such13
training, he/she shall reimburse the City for the total cost of such training course if the14
City Manager requires it.15
16
02.Tuition Assistance17
18
Full time employees who have completed their one (1) year probation and who are not union19
members are eligible to apply for tuition reimbursement. Part-time and temporary employees are20
not eligible to receive tuition assistance. Employees must maintain a minimum rating of “meets21
requirements” or comparable rating in overall performance reviews, in order to remain eligible for22
tuition assistance.2324
Bargaining Unit contract articles covering tuition reimbursement may or may not have the same25
benefits as this policy.2627
Employees may receive full details of the program and apply for reimbursement through the28
Human Resources Department.2930
Employees who voluntarily leave their employment with the City or are terminated “for cause” will31
be required to reimburse the City 100% of the tuition assistance received during the 12-month32
period prior to their termination date, and 50% of the tuition assistance received during the 2433
month period prior to their termination date.34
35
VI DISCIPLINE36
37
Verbal Warning or other instructive verbal communications will not consitute discipline. Verbal38
warning or other instructive verbal communication may be used to establish that an employee knew39
or should have know that the performance, work habits, or behavior was not appropriate.40
41
01.Disciplinary Actions42
43
The City of Boynton Beach is committed to recruit, train, and retain, qualified employees who will44
contribute to the City's mission.4546 The success of City government in providing quality and efficient public services directly correlates47
with appropriate employee conduct and performance. Employee behavior that is positive and48
supportive of the goals of effective municipal management is fully encouraged.4950 When an employee's conduct or performance is inconsistent with the needs and goals of the City,51
disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested52
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when circumstances support its use. In proper cases, dismissal may immediately occur.12 No employee shall be disciplined or discharged without reasonable cause.34 1.Counseling and written reprimands should be utilized as an element to motivate employees to5
choose behavior conducive to an individual's growth, development and most importantly, to6
insure the successful operation of the City and its services. However, in certain circumstances,7
punitive discipline actions will be necessary. There is no "fixed formula" for discipline,8
management reserves the right and prerogative to make disciplinary decisions based on9
repeated occurrences of varying incidents, past performance, or severity of the incident.1011 2.Although progressive disciplinary actions are encouraged, when circumstances support such12
use, the severity of misconduct and the circumstances shall determine the nature of the13
discipline.1415 3.The level of misconduct may differ in individual cases from apparently similar incidents. The City16
retains the right to treat each occurrence on an individual basis without creating a precedent for17
situations that may arise in the future. This case-by-case method is designed to take individual18
circumstances and/or mitigating factors into account. These provisions are not to be construed19
as a limitation upon the retained rights of the City, but are to be used as a guide.2021 4.The failure of immediate supervisors to document and/or take disciplinary actions for22
misconduct, or the failure to forward the completed disciplinary documents to Human23
Resources, shall serve as grounds for disciplinary action.24
25
Examples of Misconduct26
The following represents employee noncompliance with rules, regulations, policies, practices or27
procedures of the City or are prohibited by law. Each incident shall be considered on a case-by-28
case basis.29
30
Misconduct31
Infractions for Misconduct require corrective action. The discipline for Misconduct infractions is32
normally:33
1st Infraction – Written Counseling34
2nd Infraction – Written Reprimand35
3rd Infraction – Suspension Without Pay or Dismissal36
Examples of Misconduct include, but are not limited to:3738
Conduct unbecoming of a City employee39
Abuse of sick leave privileges, sick leave policy or excessive absenteeism40
Failure to notify Department and/or Human Resources of current address and telephone41
number within ten (10) calendar days of change42
Failure to report any outside employment43
Poor quality of work44
Failure to provide name and official title to any person requesting same when performing45
work related duties46
Abuse of personal privileges, including the extension of lunch or break periods47
Abuse of attendance policy, including late for work without reason.48
Smoking in prohibited areas49
Unauthorized solicitation, posting of material, or non-productive behavior50
Loitering51
Inattention to job duties52
Careless use of vehicles or equipment53
Failure to use all safety restraints when riding in or operating a City vehicle54
Failure to wear and/or use prescribed uniforms or equipment.55
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Disregard of safe work procedures12
NOTE:3
All types of Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a4
Misconduct infraction has occurred, any subsequent Misconduct infraction will result in the next5
level of disciplinary action.67 Misconduct 1st and 2nd infractions will expire, with regard to the progressive nature of this policy, 128
months from the date of issue, but will remain in the employee’s file. Once an employee has9
progressed to a 3rd Misconduct infraction, Suspension Without Pay, another Misconduct infraction10
within 12 months of the date of issue for the 3rd infraction will normally result in dismissal.1112 If serious misconduct or extreme misconduct has occurred previously, there will be faster13
progressive action.14
15
Performance Improvement Plan1617Employees who receive a Written Reprimand with a Suspension and employees who receive a18
performance evaluation rating that falls below a “Meets Expectations” (rating of less than 2) shall19
be placed on a Performance Improvement Plan. The purpose of Performance Improvement Plan20
is to monitor employee performance, with an evaluation of performance being made every 3021
days. The employee must demonstrate immediate and sustained improvement in their22
performance throughout the 90-day evaluation period or face dismissal. It is the responsibility of23
each employee to perform at a minimum level of "Meets Standards".24
Serious Misconduct25
Infractions for Serious Misconduct are serious in nature, but the first infraction, by itself, may ot26
be grounds for termination. The discipline for Serious Misconduct is normally:2728 1 Occurrence -Written Reprimand or Suspension29st
Without Pay30
2 Occurrence -Suspension Without Pay or Dismissal31nd
3 Occurrence -Dismissalrd32
Examples of Serious Misconduct include, but are not limited to:33
Inappropriate use of City resources, time or equipment34
Inappropriate or disorderly conduct35
Making offensive remarks; use of abusive, profane or sexually graphic language36
Failure to work required overtime assignments,special hours, special shifts or unavailability37
during stand-by status38
Sleeping on the job39
Absent without calling in to the department within thirty (30) minutes before shift start time40
Disrupting or hindering departmental operations41
Outside employment which conflicts, interferes or otherwise hampers the performance of42
the employee in the City job.43
Inefficiency of incompetence in the performance of assigned duties may result in demotion44
or disciplinary action up to and including termination. Examples of poor performance shall45
include failure to provide responsive, courteous, high quality customer service or repeated46
failure to support team goals and contribute to team success.47
Refusal to perform assigned duties and responsibilities.48
49
NOTE:50
All types of Serious Misconduct will be cumulative to determine the appropriate disciplinary steps.51
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Once a Serious Misconduct infraction has occurred, any subsequent Serious Misconduct infraction1
will result in the next level of disciplinary action.23 Once an employee is issued a Written Reprimand for Serious Misconduct, they are ineligible to4
receive a salary increase (including lump sum payments), promotion, or to apply for jobs within the5
City for a period of twelve (12) months.67
Serious Misconduct infractions will remain active,with regard to the progressive nature of this8
policy, for the duration of employment with the City. If misconduct or serious misconduct has9
occurred previously, there will be faster progressive action.10
11
Extreme Misconduct12
Infractions for Extreme Misconduct are very serious in nature and normally result in immediate13
dismissal without prior warning.14
15
The discipline for Extreme Misconduct is normally:1617
1st Occurrence - Suspension Without Pay or Dismissal18
2nd Occurrence - Dismissal19
20
Examples of Extreme Misconduct include (but are not limited to):2122
Failure to report an on-the-job injury or accident within 24 hours to immediate supervisor23
Supervisor's failure to report an employee's on the job injury to Risk Management within 2424
hours and/or completion of necessary documentation25
Violent acts or threats of violence26
Operating a City vehicle or equipment without a required and valid driver's license.27
Job Abandonment28
Insubordination29
Possession of a firearm or concealed weapon on City property or while performing official30
City duties, (excluding law enforcement officers)31
Gambling during work hours32
Suspension or revocation of any required job-related licenses or certifications.33
Disruption of the workplace34
Willful spoilage, destruction or waste of City property or resources35
Unauthorized personal use of City equipment or funds36
Conducting personal and/or private business on City time; improper use of City time for37
such activity38
Violation of City security regulations and policies39
Theft or removal of City property without proper authorization40
Falsifying documentation41
Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112,42
Florida Statutes43
Giving false information, or failure to fully cooperate or provide full, truthful information in44
City initiated investigations45
Possession, use or sale of illegal drugs, alcohol or prescription medication which alters the46
employee's performance on the job; or any confirmed positive drug test47
Possession or use of alcohol while on duty; or reporting to work under the influence48
Refusal to submit to a City required drug or alcohol test49
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Falsifying or attempting to falsify a City-ordered drug test1
Violation of the City's Harassment policy2
Conviction of a felony (including non-work related)3
Unauthorized disclosure of confidential information4
Refusal to participate, if offered, in a drug/alcohol rehabilitation program5
Abuse of other department procedures and work rules6
Fighting on the job or engaging in any intentional act which may inflict bodily harm on7
anyone8
Falsifying employment application or concealing information during pre-employment9
screening or processing10
11
Procedure for Disciplinary Action12
13
1.When immediate supervisors become aware of evidence of the need for employee14
discipline, they become responsible and shall investigate the circumstances of the15
misconduct or lack of performance prior to deciding upon the type of disciplinary action to16
be recommended or taken. Documentation of the discipline investigation or of the conduct17
shall be required on the part of the immediate supervisor in order to establish appropriate18
records. Human Resources will be available to assist in such investigations. In cases where19
investigations of a more substantial nature are required, the following types of20
administrative review shall be administered.2122
a.Administrative Review:Investigations of non-criminal violations conducted in the23
absence of immediate or conclusive evidence involving any City employee, with the24
exception of Police Department employees.These investigations shall be conducted25
by the Department Director and Human Resources, who shall obtain all sufficient26
information, including documentation and/or sworn statements, in order to27
determine the necessity or level of disciplinary action. Human Resources shall28
assume responsibility for acquiring any necessary sworn statements. Administrative29
investigations shall be conducted expeditiously. Verbal counseling and written30
counseling will not be subject to administrative review by Human Resources.3132
b. Criminal Investigations:Investigations conducted when criminal violations are33
reportedly committed by any employee of the City. These investigations shall be34
conducted by the Police Department, in collaboration with the Department Director35
of the involved employee.3637
2.In instances where an investigation of serious, unlawful or other extreme misconduct is38
necessary, administrative and/or criminal investigations shall be conducted prior to the39
effective date of the disciplinary action.40
41
3.The immediate supervisor may initiate up to a three (3) day suspension with pay to afford a42
supervisor the opportunity to investigate an alleged incident or misconduct in the absence of43
the employee. Suspensions of more than three (3) days require the approval of the Human44
Resources Director. This practice may also be used in the event that alleged misconduct is45
severe but unproven. The immediate supervisor shall immediately notify the Department46
Director and Human Resources Director after the suspension is issued,so that the matter47
can be investigated at once.48
49
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4.A recommendation for disciplinary action may result from the findings of an investigation. If1
disciplinary measures are not recommended after the investigation, the suspension with pay2
period shall not be construed as disciplinary in nature. A document confirming a favorable3
determination as to the matter should be made a part of the employee's record.4
Types of Disciplinary Action:56 1.Written Counseling - Consists of the immediate supervisor warning the employee to correct7
or improve performance, work habits, or behavior, and counseling the employee on8
improvements expected. Written Counseling serves as a warning against further repetition of9
employee behavior. Further violations will result in discipline up to and including termination.10
11
A Written Counseling Memorandum must be completed by the supervisor, and the12
employee is required to sign the Counseling Memorandum signifying that he/she has read and13
discussed the contents with the supervisor. The signed Counseling Memorandum must be14
forwarded to Human Resources for retention in the employee's records, with a copy provided to15
the employee. The supervisor may request that the employee complete a written action plan to16
correct the behavior. Employees may submit comments for inclusion in the record.17
18
2.Written Reprimand - Consists of an immediate supervisor issuing a written notice of19
reprimand, to improve performance, work habits or behavior. A written reprimand should20include a complete description of the incident(s) of misconduct, inappropriate behavior, work21
habits or performance which requires improvements; previous records of discussion; a time22
frame within which the employee must correct or improve his/her behavior; and a warning that23
future violations will result in further disciplinary actions up to and including termination.24
25
Written reprimands shall be signed by the employee to acknowledge receipt and forwarded26
to the immediate Supervisor and the management witness and forwarded to Human27
Resources for retention in the employee's records, with a copy provided to the employee.28
The employee signature does not constitute agreement with the contents. Employees may29
submit comments for inclusion in the record. The employee may be required to complete a30
Performance Improvement Plan for correction of the behavior. Written reprimands should be31
reflected on the employee's performance evaluation along with any noted improvements.32
33
3.Suspension Without Pay - Consists of an employee being prohibited from returning to work34
until his/her specified period of suspension has passed or the forfeiture of his/her vacation time,35
if agreed to by the employee. Suspensions without pay shall be used when an employee is36
removed from the job due to misconduct or unlawful behavior, or when instances, of37
progressive discipline, support a suspension without pay for a specified period of time.3839
a.With the written authorization of the Department Director and Human Resources,40
immediate supervisors have the authority to issue a suspension without pay for two41
(2) working days or less.42
b.All other suspensions without pay beyond two (2) working days require prior43
concurrence by Human Resources, review by the City Attorney's Office and44
authorization by the City Manager's Office.45
c.Employees being suspended without pay shall be notified in writing by the46
immediate supervisor. The written notification shall consist of the reason for the47
action and the duration of the suspension without pay. It shall also include a48
statement that future violations will result in further disciplinary actions up to and49
including dismissal.50
d.Employees may submit comments for inclusion in the record. Written notification of51
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a suspension shall be signed by the suspended employee acknowledging receipt of1
the written notification, and forwarded to Human Resources for inclusion in the2
employee's records, with a copy provided to the employee, the Department Director,3
and one to the Finance Department for payroll purposes.45
4.Dismissal - Dismissal is a result of an employee's involuntary termination which severs the6
employment relationship. At such time all employee benefits cease, except as otherwise7
provided by law. Immediate supervisors must supply thorough documentation and discuss8
recommendations for an employee's dismissal with his/her chain of command and Human9
Resources. Upon receiving a written recommendation from the supervisor, the Department10
Director shall submit the documentation to Human Resources. Dismissals shall be effected only11
with the concurrence of Human Resources, review by the City Attorney's Office and12
authorization by the City Manager.13
14
A written notice of recommended termination shall be given to the employee in person.15
However, after two (2) unsuccessful attempts to deliver the notification, the notice shall be sent16
via U.S. mail to the most recent address on record in the Human Resources file. The17
recommendation shall include the following information:18
a)The underlying reasons for the recommended termination.19
b)Documentation upon which the Department Director relied in formulating said20
recommendation.21
c)An explanation of the employee’s rights to request a Predetermination Hearing prior22
to termination taking effect and the fact that the decision of the City Manager shall23
be final.2425 The dismissal recommendation and the City Manager's final decision shall be placed in the26
employee's Human Resources file, and a copy shall be forwarded to the employee and his/her27
Department Director. The employee may submit comments for inclusion in his/her Human28
Resources file.2930 Probationary employees who have not successfully completed the established probationary period31
shall be subject to dismissal without cause, after review by Human Resources.3233
At the time of dismissal, employees are required to surrender to their Department Director or34
designee, all City property that may be in their possession or custody and all other conditions for35
termination must be complied with prior to issuance of final check.36
37
Right to Predetermination Hearing38
39
Prior to the effective date of any suspension without pay of three (3) days or more, or a40
termination, the City shall conduct a predetermination hearing. The predetermination hearing shall41
be conducted by the Human Resources Director and the City Manager’s designee. The employee42
shall be provided with reasonable notice of the predetermination hearing date and of the charges43
which are the grounds for the disciplinary action. The employee may be accompanied and assisted44
at the predetermination hearing by a representative of his/her choice. Prior to or at the inception of45
the hearing, the City shall disclose or explain the City's evidence. The employee shall be afforded46
the opportunity to present information in defense or mitigation to the charges brought against the47
employee. Following the predetermination hearing and any further investigation into issues raised48
by the employee in defense or mitigation of the charges, the Human Resources Director and the49
City Manager’s designee shall sustain, reverse, or modify the disciplinary action and give the50
employee written notice of their action and, at the same time, establish the suspension or51
termination date(s) if appropriate. Information gathered before, during and after a pre-52
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determination conference constitutes part of the City’s investigation or an act of admission that can1
result in discipline.2
3
Employee Appeals4
1.Probationary employees shall not have the right to appeal any type of disciplinary action.5
2.Regular employees may respond to discipline actions of written reprimand and suspensions6
of two (2) workdays or less with or without pay, by requesting administrative review by the7
Human Resources Director. Such request shall be made within ten (10) calendar days of8
the imposition of the discipline. The Human Resources Director shall review the disciplinary9
action in question and shall either sustain, reverse, or modify the disciplinary action. The10
Human Resources Director’s disposition shall be made within thirty (30) days of the11
employee’s request for review. The Human Resources Director’s disposition is final and not12
subject to further review.13
3.Regular employees have the right to appeal to the City Manager suspensions without pay14
greater than two (2) workdays or dismissals, by requesting a final review by the City15
Manager within ten (10) business days of the employee's receipt of formal notification of16
recommended suspension or dismissal. The decision of the City Manager shall be final.17
18 02 Disposition of Criminal Charges19
20
When a City employee is arrested and charged with a felony offense, the employee shall be placed21
on administrative leave without pay until final disposition of the criminal charges. An employee who22is convicted of or who pleads guilty or no contest to a felony in conjunction with a plea negotiation23
shall be terminated from his/her employment with the City.2425 An employee placed on administrative leave without pay, under these circumstances, may use26
accrued vacation and accrued sick time during the leave period. If found innocent or if the27
State Attorney drops the charges, not as a result of a plea deal, the time will be reinstated.28
29
03.Formal Grievances30
31
The City shall strive to anticipate and avoid occurrence of valid complaints or grievances, and to32
deal promptly with any that may arise. Counseling memorandums and Performance Evaluations33
cannot be grieved. Except where there is an acceptable reason for not doing so, all grievances will34
be handled and transmitted through supervisors in the following order, according to the35
department's chain of command:3637
Immediate Supervisor38
Department Director39
Human Resources Director or his/her designee4041The primary purpose of this grievance procedure is to determine what is right rather than who is42
right. This process should be considered a “last resort” alternative to resolving conflicts of43
compensation, benefits or working conditions as identified in this document. Free discussion44
between employees and supervisors will lead to better understanding of practices, policies and45
procedures that affect employees. Discussion will serve to identify and help eliminate conditions46
that may cause misunderstandings and grievances. This purpose is defeated if a spirit of conflict47
enters into the consideration of a grievance. Supervisors and employees alike must recognize the48
true purpose of the grievance procedure if it is to be of value in promoting the well being of the49
City.5051 The Human Resources Director shall establish rules for the processing of grievances. Rules may be52
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amended from time to time, but should have as their objective the prompt and efficient disposition1
of a grievance. Grievances are to be initiated by employee within ten (10) days of the event giving2
rise to the grievance, or the grievance is waived. Once initiated the time sequence for review and3
response to the employee should not exceed twenty (20) working days. The decision of the Human4
Resources Director regarding disposition of the grievance is binding and not subject to further5
review.6
7
VII. RESIGNATION / TERMINATION8
9
01. Resignation/Termination10
11
Any employee wishing to leave a City position in good standing, is expected to file a written12
resignation with his/her Department head, at least two (2) weeks before leaving, stating the date13
the resignation is to be effective and the reason for leaving. The City reserves the right to accept14
the resignation on the day it is submitted if deemed appropriate by the Department Director.1516 Department Heads shall forward the notice of resignation and a completed Employee Activity17
Report (EAR) form to the Human Resources Director immediately upon receiving the resignation.1819 Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify the20
department as required) for a period of three (3) consecutive working days is considered job21
abandomnent and will be treated as a resignation with no appeal rights.2223
Termination or Severance Pay24
There is no termination or severance pay, except payment for accumulated sick and vacation time25
as otherwise provided herein, however, some individual letters of appointment may include26
severance pay provisions.27
28
02. Lay Off29
30
The City Manager may lay off any regular employee whenever such action is made necessary by31
reason of shortage of work or funds the abolishment of a position, consolidation of departments or32
division, privatization, reclassification or reorganization.3334
Employees selected for lay off will be at the City Manager’s discretion in consultation with the35
department head and a Human Resources professional.36
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VIII. APPENDIX1
2
01. DEFINITIONS34The following words and terms shall have the meaning indicated unless the context clearly indicates5
otherwise:67 ADMINISTRATIVE REVIEW means review of the disciplinary action in question; after which, the8
Human Resources Director shall either sustain,reverse, or modify the disciplinary action. The9
disciplinary actions which qualify for Administratvie Review include, reprimands, suspensions with10
pay, demotions, and suspension without pay of two (2) workdays or less1112ALLOCATE shall mean the act of assigning each position to its proper class.1314 ANNIVERSARY DATE shall mean an employee's date of hire or re-hire, whichever is later.1516 APPEAL shall mean a request for an administrative review by the Human Resources Director or a17
final review by the City Manager, depending upon the severity of discipline.1819 CERTIFY shall mean the act of the Human Resources Director in supplying a department head with20
the names of applicants who are eligible for appointment to a position.2122 CLASS shall mean a position or group of positions which have similar duties and responsibilities,23
require similar qualifications, can be properly designated by a title, indicative of the nature of work,24
and are assigned to the same pay range.2526 COMPENSATORY TIME shall mean time taken off in lieu of overtime pay for hours worked in excess27
of the maximum for the (non-exempt) employee’s work period as set forth in the FLSA2829CONTINUOUS SERVICE shall mean employment which is uninterrupted.3031 CONTRACT EMPLOYEE shall mean an employee hired by direct Letter of Appointment from the City32
Manager.3334 DEMOTION shall mean the assignment of an employee to a position in a lower class having a lower35
maximum salary than the position from which the assignment is made.3637 DEPARTMENT shall mean Operating Department, unless specifically referred to as Human38
Resources Department.3940 DISMISSAL shall mean the discharge of an employee from his/her position with the City. The41
terms termination and dismissal are interchangeable.4243 ELIGIBLE shall mean a person who has been found qualified for appointment to a position in a44
particular classification.4546 EEOC shall mean the Equal Employment Opportunity Commission.4748 EXAMINATION shall mean any selection instrument used to measure the relative knowledge, skills,49
and abilities for candidates competing for positions;such as,evaluations of training and experience,50
performance tests, oral interview, written tests, and previous performance evaluations.5152 FULL-TIME EMPLOYEE shall mean an employee who is scheduled to work a minimum of 36 hours53per week.5455 GRIEVANCE shall mean formal notice of dissatisfaction by an employee with permanent status who56
feels they have been unjustly treated in cases involving employment conditions.5758 JOB TITLE shall mean a definite descriptive designation for a job classification.5960 LAY OFF shall mean the dismissal from employment because of shortage of work or funds, the61
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abolishment of a position, consolidation of departments or divisions, privatization, reclassification or1
reorganization.23 OVERTIME PAY shall mean pay for non-exempt employees who are authorized and directed to4
work in excess of 40 hours in a seven (7) day workweek.56 PAY RANGE shall mean a salary range established by the City Commission with a minimum and7
maximum base salary.89 PART-TIME EMPLOYEE shall mean an employee who is scheduled to work less than 36 hours per10
week.1112 POSITION shall mean a group of duties and responsibilities requiring the full or part-time13
employment of one person. A position may be occupied or vacant.1415 PROBATIONARY EMPLOYEES shall mean any employee who is currently serving in a new position16
either by appointment, promotion, demotion, or reclassification, and has not completed his/her17
probationary period.1819 PROBATIONARY PERIOD shall mean a period of twelve (12) months for any newly hired employee.20
If a new hire employee fails to meet standards during the probationary period, he/she is subject to21
discharge, demotion, or suspension without warning or statement of cause. Promoted, demoted or22
transferred employees have a six (6) month probationary period.2324 PROMOTION shall mean the assignment of an employee to a position in a higher class having a25
higher maximum salary than the position from which assignment is made.2627 REGULAR STATUS shall mean an employee who has completed a probationary period. New hires28
are considered probationary and cannot move to another postion until their twelve (12) month29
probationaly period is completed.3031 SUSPENSION shall mean the separation with or without pay of an employee for a period of time.3233 TEMPORARY EMPLOYEE shall mean an employee holding a position other than regular full-time or34
part-time for a specified period of time.3536 TEMPORARY POSITION shall mean all positions that are not designated regular.3738 TERMINATION shall mean the discharge of an employee from his or her position with the City. The39
terms termination and dismissal are interchangeable.4041 UNION EMPLOYEE shall mean an employee whose position is covered by a collective bargaining42
agreement and who has terms and conditions of their employment covered by that agreement.4344
VACANCY shall mean a position existing or newly created, which is not occupied.45