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2024-02-06 VII. C. Personnel to HR, Exhibit 7• Exhibit 7 .0F.0KEccy 02/06/2024 44 �m 6 0 MEMORANDUM TO: Mayor Watford & City Council DATE: January 31, 2024 FROM: City Clerk Gamiotea,: SUBJECT: Proposed amendments to the Personnel Policies & Procedures, Human Resources & Education Reimbursement Attached are the proposed amendments we are asking the City Council to adopt in relation to the the creation of a Human Resources office/staff; to realign the Policy to the changes the City Council approved last year to the Education Reimbursement Agreement, and other house -keeping amendments highlighted in yellow and noted as Revision footer number 15. There are several sections of the handbook that need to be updated that will require a comprehensive review by City Staff and a labor attorney. We are only requesting that you consider the specific amendments noted. Additional amendments will be forthcoming by Human Resources Generalist Prince. Should you have any questions or concerns, kindly let me know prior to the meeting so that I may have sufficient time to address the issue. CHAPTER1 GENERAL INFORMATION 14, 15 YOUR CITY GOVERNMENT 15 It is the intent of the City Council to authorize a form of City Administration that ensures an adequate and efficient provision of services to the citizens of the City, that provides for coordinated administration of City Departments to better protect the health, welfare, safety and quality of life of the residents, and that places in the hands of the City Administrator the multitude of details which must necessarily arise from the daily operation of the City, thus enabling the City Council to perform freely its fundamental intended purpose of setting the broad policy mandates for the operation of the City. There are five City Council members, one of whom is appointed by that body to serve as Mayor, and a separately elected City Clerk. The elected City Council governs the City and represents the citizens as they review activities and establish policies for their implementation in the best interest of the health, safety, and welfare of the community. The City Council adopts an annual budget of revenues and expenditures and makes the necessary decisions concerning governmental services to the public. The 'elected City Clerk is responsible for the budgeting and administration of that office. The City Clerk maintains the journal of all City Council meetings; servos as Personnel dMin164ro}nr is keeper of the City Seal; handles City elections; is custodian of City records; and performs other duties as prescribed by General Law, City Charter and the City Council as set out in the City's Code of Ordinances. *elected until January 3, 2027, will then be appointed by the Mayor and City Council. THE ORGANIZATION OF YOUR CITY GOVERNMENT 15 The City Administrator is appointed by the City Council and is responsible for administering the policies established by the City Council, and performs other duties as prescribed by the City Council as set out in the City's Charter, Code of Ordinances, and the Personnel Policies and Procedures. The Department Heads are appointed by the City Council and have operating authority for service, plans, schedules, and expenditures of their Department. Department Heads perform those duties as prescribed by the City Council as set out in the City's Charter, Code of Ordinances, and the Personnel Policies and Procedures. CITY DEPARTMENTS 14,15 For purposes of efficiency the various functions of the City are separated into operational Departments. A brief description of each follows: City Clerk 14,15 Gives notice of Council meetings and elections to its members and the public, shall keep the minutes of the City's proceedings, authorized to administer oaths, attest to the Mayor's or Administrator's signatures, be the official records custodian of the City for all purposes. Maintain a City Code of Ordinances and administrative policies and regulations. Provides administrative support to Council -appointed committees, boards, and agencies, as determined by the City Council. Designated as the Chief Elections Officer of the City and shall see that all City elections are conducted in a proper and legal manner. nelinies and nmseduFes Conies as Dersennel AdMinistroter i Police Department 14 The security of the City's residents and property is the responsibility of the Police Department under the direction of the Police Chief, Florida requires certification of Police Officers and prescribes career training courses. The operations of Code Enforcement and employees are under the responsibility of the Police Chief. Administration Department 14 The Administrator shall be responsible for management and oversight of all City Departments, and offices, except for the City Attorney, the Police Chief, Police Department staff, City Clerk, and City Clerk Department staff. Direct and supervise the administration of Departments and offices, but not City Council appointed Committees, Boards, or Agencies, unless as directed by the City Council. Attend all Council meetings and have the right to take part in discussion but not the right to vote. Ensure that all laws, provisions of the Charter, ordinances, and acts of the City Council, subject to enforcement and/or administration by the Administrator, or by City personnel subject to their supervision, are faithfully executed. Prepare and submit to the City Council a proposed annual budget and capital improvement projects program. At the end of each Fiscal Year submit to the City Council, and make available to the public, an annual report on the finances, budget, and administrative activities of the City. Prepare reports as the City Council may require concerning the operations of City departments, offices, boards, and agencies. Keep the City Council fully advised as to the financial conditions and future needs of the City and make recommendations to the City Council concerning the affairs of the City as they deem to be in the best interest of the City. Submit for City Council approval, personnel policies, and procedures. Public Works Department 14 This Department is responsible for the maintenance of streets, drainage, sanitation, parks, and rights - of -way. The Public Works Director shall supervise all employees assigned to the department and shall be responsible for the proper maintenance of the buildings and equipment used in the operation of the Department. The head of the Public Works Department is the City Administrator. Finance Department 14 Is responsible for the collection of all fees, licenses, and monies due the City and is responsible for the establishment and maintenance of the general accounting system set up in accordance with the requirements of the Office of the Comptroller, Department of Banking and Finance, State of Florida. The Finance Director supervises the employees assigned to the Finance Department; is responsible for the property maintenance of the buildings and equipment used in the Finance Department; and performs such other duties as prescribed by the City Council, including the City's payroll functions. The head of the Finance Department is the City Administrator. General Services Department 14 The General Services Director is responsible for the administration and enforcement of the building codes, land use regulations, permit regulations and other ordinances or regulations of the City and which are not specifically delegated to any other Department or officer of the City. The Director supervises the employees assigned to this Department and is responsible for the proper maintenance of the buildings and equipment used in the operation of the Department. This Department is responsible for the proper issuance of permits as provided by the Code of Ordinances. The head of the General Services Department is the City Administrator. HUMAN RESOURCES PERSONNEL ADMINISTRATION" • •:. �- .. relater) to Dercennel Adminictrotien The Dercennel Administrateoversees and monitors the employment practices to assure legal compliance and avoid situations and controversies that could be harmful to the City or employees. Personnel activities are coordinated with Department Heads to maintain fair and consistent practices and employee treatment. Grievances and complaints are handled. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PLAN The Okeechobee City Council and its Staff are committed to a policy of equal opportunity in employment for all persons without regard to race, creed, color, sex, religion, national origin, age, handicap, or marital status. Except where sex, religion or national origin exist as a Bona Fide Occupational Qualification (BFOQ), applicants and employees are evaluated solely on the ability to effectively perform the responsibilities of the position for which they are applying or performing. The City officials are committed to the concept of equal opportunity and to implementing an affirmative plan of action to ensure that minority and female employees are afforded equal opportunity in every aspect of employment development, advancement, and treatment. Furthermore, the City will apply good faith efforts to seek out, hire, train, and promote qualified minorities and females in areas where they are currently under -represented. This program of positive, results -oriented affirmative action will benefit the City through the efficient utilization, development, and management of its human resources. The Okeechobee City Council, through adoption of this Affirmative Action Plan, commits the City to results -oriented program aimed at achieving equal opportunity in all occupational levels of services. AMERICANS WITH DISABILITIES ACT POLICY STATEMENT The Okeechobee City Council is committed to a policy of non-discrimination on the basis of handicap in its employment practices, provision of public services, and access to governmental facilities. The City assumes the Department of Labor's definition of a handicapped individual as "one who (1) has a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) has a record of such impairment; or (3) is regarded as having such an impairment." Qualified handicapped individuals will be actively recruited to fill City employment positions. All levels of administration and supervision will actively participate in the implementation of this policy. SEXUAL HARASSMENT POLICY 15 Pursuant to the guidelines on sex discrimination issued by the Equal Employment Opportunity Commission (EEOC), the Okeechobee City Council has adopted the following policy prohibiting sexual harassment in the workplace and adheres to the EEOC definition of sexual harassment as follows: ... unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when a (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment is illegal and against City policy. Department Heads and Supervisors are responsible for promoting a supportive atmosphere that makes it clear that sexually harassing behavior will not be tolerated. Individual City employees having reason to believe they have been subjected to sexual harassment are encouraged to bring their concerns to the attention of their immediate supervisor or the Department Head. A prompt and thorough investigation will be conducted. Complaints of sexual harassment will be kept as confidential as possible. The Complainant's cooperation is an essential element of any investigation. Any supervisor, agent or other employee who has been found by the City, after appropriate investigation, to have sexually harassed another employee or citizen will be subject to appropriate sanctions, depending on the circumstances, from a warning in his or her file up to and including termination, Informal Complaint Procedure 15 All exempt and non-exempt City employees who suspect that they are victims of on-the-job discrimination or harassment as outlined in the above -described Affirmative Action Policy statements are encouraged to report such incidents. The report should be made to Human Resources PerseRRel AdministFate as soon as possible after the incident occurs. The Human Resources staff p8rcc^nel erdrninistFater nr designee shall meet with the complainant to explain the avenues of recourse available. If, after the initial discussion of the complaint, the case is determined by the Human Resources staff Personnel Adminostra4nr to warrant further examination, the Human Resources staff Rersoanel A�*n0st edornr ti will. 1. Conduct an investigation to ascertain pertinent facts. 2. Make a good faith effort to resolve the complaint through informal processes. In the event an informal resolution process fails, the Human Resources staff Persnnne' Adminustrate may: 1. Dismiss the case if it is determined by the Human Resources staff DorSnnnnl AdMinistrninr that there is insufficient evidence to support the complaint; or 2. Advise the complainant to follow the formal complaint procedure, (Grievance Procedures). The complainant will be assisted in taking the complaint through the formal procedures, if desired. CHAPTER2 EMPLOYMENT 1, 2, 7, 13, 14,15 CITY EMPLOYMENT OBJECTIVES 15 The City Council, in the best interest of its employees and the citizens of Okeechobee, has separated its Career Service Employees from the political affairs of the City. This means that all decisions concerning applicants and employees are made on job -related factors only. You, as an employee, are freed from any concern or coercion by any political changes that may occur within the City. This system is safeguarded by formally adopted Personnel Policies and Procedures ties. Policies of the City of Okeechobee: 1. That fair, impartial and equitable treatment of City career employees will be maintained in all areas of personnel administration. 2. That the administration of public service will be conducted with integrity and concern for the individual employee, That the public interest and residents are best served by having a personnel system which recognizes individual employee worth and operates with established equitable policies, procedures, and practices. 4. That present employees within the career service of the City will be promoted whenever openings occur and there is a qualified employee to advance. 5. That advancement and training of present employees to better prepare them as career service employees of the City will be encouraged and aided. HIRING PROCESS 14, 55 The recruiting of applicants and advertising of vacancies will be performed on as broad a basis as necessary to secure qualified employees. Vacancy notices will be posted on employee bulletin boards in the different departments of the City so that present employees will be aware of positions offering either a promotion, or the possibility of increased earnings. A present employee is preferred, when qualified, for any vacant position representing a promotion or pay increase. Each Department Head within the respective departments has the authority and responsibility for selecting and appointing the applicant. Application Policy 1455 1. When there is a job vacancy, an employment opportunity will be noticed as provided in the Hiring Process section and an application packet created, excluding positions appointed by the City Council. . The City Council will determine the application packet, search, and selection process on a case -by -base bases for those positions. To be considered an applicant, individuals must complete and submit the application packet and any additional required materials on the instruction page, to the Human Resources Office of the City Cierk (even for inter- City job transfers). The application packet consists of City forms that include but are not limited to: Application with the specific job title being applied for, Job Description, Personal Inquiry Waiver, Veterans Preference Eligibility, and Past Employment Verification. 4. A submittal cut-off time and date will be set for all employment opportunities. NO APPLICATIONS WILL BE CONSIDERED AFTER THE CUT OFF TIME AND DATE. In situations where qualified applications have not been received or there are multiple employment opportunities for the same job title, Human Resources staff the PeFsannel AdministFateF may notice the position is open until filled but should be done only when absolutely necessary. Certification Policy An employee hired, transferred, or promoted to a position which requires a level of certification must become certified at the required level within the time period set for the position. Any employee who fails to become certified at the required level within the time period set for that employee's particular job description may be discharged or returned to the prior position held. QUALIFICATIONS 1, 2, 7,13 1. Appointees must meet the City and/or State minimum position qualifications. 2. Appointees must not be less than eighteen (18) years of age. 3. Appointees must be citizens or resident aliens of the State of Florida and the United States of America. Upon employment by the City a Department Head will enter a three (3) month probationary period. After the probationary period ends satisfactorily, a Department head will be allowed up to six (6) months to become a resident of Okeechobee County, Buckhead Ridge area of Glades County, or any areas lying outside the Okeechobee County line, but have Okeechobee addresses (physical, not post -office boxes). 4. Appointees must pass a drug screening test and physical examination by a doctor before being hired by the City. Family Employment Restrictions 14 It is the policy of the City to follow State Statutes regarding the employment of relatives as City Employees, as set out in Section 112.3135 Florida Statutes, and as amended. 1. A "public official" is defined as an officer, or an employee in the City, in whom is vested the authority by these policies and procedures, or by ordinance, resolution or other directive of the City Council, appoint, employ, promote or advance employees, or recommend such promotion or advancement of employees, in connection with their work for the City. 2. A relative for purposes of this policy with respect to such public official, means an individual who is related otthe public official as: Father Mother Son Step -Sister Daughter Brother Sister Half-brother Uncle Aunt First Cousin Half-sister Nephew Niece Husband Step -son Wife Father-in-law Mother-in-law Step -father Son-in-law Daughter-in-law Brother-in-law Step -brother Sister-in-law Step -daughter Step -mother 3. A public official may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, a relative in or to a position in the City in which the public official is also serving, or over which they exercise jurisdiction or control. This shall not apply however, to appointments to citizen boards in the City, other than those with Land Planning or Zoning responsibilities. 4. These restrictions do not apply to persons serving in a voluntary capacity who provide emergency medical; firefighting, e police service. These persons, if otherwise authorized by City ordinance or resolution, may also without losing their volunteer status, receive reimbursements for costs of any training they get relating to the provision of volunteer emergency med+sal, fir-ef+ghting—er police services, as well as payment for incidental expenses relating to those services that they provide. 5. As these employment restrictions to not prohibit the hiring of relative, or using a volunteer who is a relative, in a department in the City in which a relative of that person is also an employee of the City, so long as the relative is not a public official assigned responsibility over that department, it is the policy of the City to have relatives assigned to the same department to work different shifts from their relative whenever possible to avoid any personnel conflicts within the department. Evaluation Period 2 Employment or promotions are always on a six (6) month (or more) evaluation basis, Department Heads are always on a three (3) month (or more) evaluation basis. This allows a time period for an evaluation of ability, work habits and conduct before offering career employment protection and fringe benefits. During this time, a new employee will be made aware of satisfactory, marginal, or unsatisfactory areas of job performance and behavior and cautioned to improve. The Department Head has authority to dismiss the new employee without notice and without cause being given. Regular Status 15 A new or promoted employee must receive a satisfactory evaluation, using uniform guidelines, before the Department Head grants regular status. Unless a satisfactory evaluation is received, the employee will be separated or returned to the position previously held. Procedure by step: a) Evaluation period complete. b) Evaluation Procedure. Forms may be obtained by Department Heads from the Human Resources SityClerJes Office. Department Head/Supervisor evaluates employee; Employee/Supervisor/Department Head sign evaluation; Signed form becomes a part of employee's master file in the Human Resources S}ty Clerk's Office. Approval by Department Head for regular status. TYPES OF APPOINTMENTS 14,15 Covered Positions New appointments are made whether the position being filled is of a temporary, regular, paid, unpaid or volunteer nature. Regular positions are those so classified and budgeted by the City Council. A regular position is usually first filled by a new appointment, transfer, or promotion. Excluded Positions 14,15 Emergency hiring may be done by a Department Head to respond to an immediate need involving the safety or welfare of the residents or property of Okeechobee. An emergency appointment is for less than one (1) month and includes no fringe benefits. Volunteer positions are of an unpaid nature and includeyolunteeF FirefighteFs Police Auxiliary, and other community service groups. All volunteers are directly appointed by the Department Head and although no pay or benefits are attached, each volunteer represents the City to its residents and is expected to observe the City personnel policies of Conduct and Ethics, Political Separation and Conflict of Interest. Individuals holding temporary federally funded positions are subject to City personnel policies and are classified as temporary due to the dependence on federal funding for existence. No career protection or benefits are included. Each Department Head is charged with the responsibility for the efficient, courteous operation of the Department's duties, the performance and behavior of the employees and for the manner in which the public's business with the City is conducted. The City Administrator, and Chief of Police, and Per-GGnnol Admffinffistr are by Charter or ordinance appointed by the City Council and serve at the pleasure of the City Council. Effective January 3, 2027, the City Clerk position will no longer be an elected position and will be appointed by and serve at the pleasure of the City Council. SMOKE -FREE POLICY 12 A tobacco -free environment helps create a safe and healthy workplace and environment. Smoking and secondhand smoke are known to cause serious lung diseases, heart disease, and cancer. The City supports the health of its citizens, and reinforces our commitment to preserving and improving the health and comfort of our employees and visitors. Effective November 1, 2017, the City will be a smoke -free environment except in approved designated areas. For these purposes, smoking products are defined as cigarettes, pipes, hookahs, cigarillos, cigars, clove cigarettes and other electronic nicotine delivery systems (ENDS) such as vapor and electronic cigarettes. The use of the products as listed above are prohibited in any building or on the grounds except in designated areas. This includes all indoors and outdoors areas that are City owned or leased facilities, including but not limited to, all buildings and facilities, outdoor areas, porches, covered walkways, common areas, parking lots, and City owned or leased vehicles. Respectively, there is a 50-foot distance from entrance/exit of City buildings or facilities where smoking products are limited from use. This Smoke - Free initiative applies to all persons present in the areas described above including but not limited to City elected officials, employees (whether full- time, part-time, temporary and/or volunteer), contractors, and visitors. Smoking use shall be permitted only in exterior designated smoking areas. All materials used for smoking in designated smoking areas, including cigarette butts and matches, will be extinguished, and disposed of in appropriate containers. Employees are only allowed to smoke on their rest and meal breaks. Employees may not take or be allowed any additional breaks to use any tobacco product. Direct any question, complaint, or dispute about tobacco use in the workplace to the Personnel Administrator. Employees who want to quit tobacco are encouraged to use Tobacco Free Florida's Quit Your Way, a set of free services to help tobacco users quit, is provided on the employee bulletin boards. DRUG TESTING POLICY The City of Okeechobee is committed to providing a safe work environment for all of its employees. The abuse of alcohol and drugs is a national problem which impairs the safety and health of employees and the public, promotes crime, and harms the entire community. In order to maintain the highest standards of morale, productivity, and safety, the City has instituted a drug and alcohol free workplace program. CHAPTER 3 EMPLOYEE BENEFITS 4, 6, s, 9, 10, 11, 14, 15 PAID HOLIDAYS4,9 The City Council each year designates the holidays which are observed. At present there are twelve (12) days off with pay. If a holiday falls on a Saturday, it will be observed on the preceding Friday. If a holiday falls on a Sunday, it will be observed on the following Monday. An employee on paid annual or sick leave when the holiday is observed will not have that day charged to their accrued leave account. The following days will be observed as paid holidays: New Year's Day Martin Luther King, Jr. Day Good Friday National Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day and Christmas Eve Employee's Birthday the Friday after Christmas Day If you are required to work a holiday you will receive an additional day's pay or a day off at a designated time. Eligibility Full-time probationary or regular employees (who have that date as a regularly scheduled workday) are eligible for paid holidays. Also an employee must not have been absent without leave on the work day before or after the holiday, unless there is a medical emergency and a doctor's excuse is provided to the Department Head upon the employees' return the next working day, or unless the employee is on leave of absence without pay. Those not eligible for paid holidays are temporary, emergency employees or school crossing guards, either full-time or part-time and employees on leave without pay or employees on Worker's Compensation. Alternatives 14 Employees who are eligible for paid holidays and are either required to work due to the essential nature of their positions or who have the designated holiday as a normal day off in the Friday through Thursday work week [Police Department see Ch. 5 for workweek], shall: 1. Receive an alternate day off with pay within the same work week for non- shift employees. 2. Be paid the normal day's pay for that holiday in addition to the pay received for the hours worked. The Department Head will make this determination. Shift Employees An employee who is required to work on a holiday in addition to the regular schedule will be granted the alternatives above and will not be paid the time and a half (11/2) overtime rate for the hours worked. RETIREMENT PLAN The City has a retirement plan for regular employees. The cost is shared by the City, and/or State and the employee. Each employee contributes a percentage of their base salary into their retirement account as approved by the City Council, except Police Officers contribute a percentage of their total compensation as provided by Florida Statute. The City contributes to the retirement accounts of the General employees. Vested rights for these employees are obtained after five (5) years of continuous service. The State (and if necessary the City) contributes to the retirement accounts of the Police and Fire Department employees. Vested rights for these employees are obtained after ten (10) years of continuous service. Special Pay Plan (Accrued Leave Benefits) 10'" 1. In the event an employee who is otherwise eligible for retirement benefits and annual leave and sick leave, upon separation, elects for early retirement prior to age 59'/z, an additional retirement benefit to that retiree shall be paid by the City to the retiree the difference of the retirees Social Security and Medicare obligation, currently 7.65 percent, and the amount of the penalty imposed by IRS regulations, currently 10 percent. In the event future regulations should change the percentages of Social Security and Medicare obligations and penalties for early retirement, this agreement to reimburse a retiree shall continue, adjusted at the then- current percentages. 2. The benefits provided by Resolution No. 2016-06 shall only apply to those sums for annual and sick leave taken by the employee and deposited in the City Special Pay Plan mandated by Resolution No. 2016-04, and no other retirement benefit. 3. In the event the City should opt out of the Special Pay Plan set forth in Resolution No. 2016-04 in the future, then the benefits provided by the Resolution shall cease without further action by the City Council. 457 DEFERRED COMPENSATION PLAN 8 The City Council adopted a 457 Deferred Compensation Plan by Resolution No. 2007-05 to be administered by the International City Managers Association Retirement Corporation. The purpose of this strictly voluntary Plan is to give employees another avenue to set aside additional money for retirement, or for their own savings. The Plan is by contributions from the employee only. GROUP HEALTH INSURANCE 15 Group Health Insurance is available for all regular employees and their families. The City pays the full premium for the employee and a designated amount for any dependent coverage. Payment for the dependent coverage is made by a payroll deduction from the employee. Federal Cobra Law 15 An employee leaving the service of the City may continue the Group Health Insurance for a period of eighteen (18) months by paying the premiums directly to the insurance company upon completion of an 0 0 application obtained from Human Resources. the PiP.A.PrVe Department. City retirees are eligible to participate in the City's Group Health Insurance Plan as provided by law. (Florida Statute 112.0801) GROUP LIFE AND DISABILITY INSURANCE 14 The City provides a paid life insurance policy for general employees. The City provides a paid life and accidental death and dismemberment insurance policy for its Police Officers any+ FiMfighteFc pursuant to Florida Statutes. A non -job connected disability insurance is provided for all full-time City employees. JOB CONNECTED INJURY BENEFITS 15 The City provides Worker's Compensation Insurance benefits to any employee injured as a result of job duties. The City will secure immediate medical attention for an injured employee and furnish competent medical services. The insurance plan provides for complete payment for medical services, hospital charges and related therapy or treatment. The City will pay the employee's regular weekly salary less applicable deductions the first seven (7) days an employee has been temporarily disabled. Worker's Compensation will pay benefits for periods exceeding seven (7) days. The employee will receive the difference between what the Worker's Compensation benefit pays and his/her normal salary equaling one hundred percent (100%) of his/her normal salary if the injury is attributable to the employee's occupation in the City and is considered as such under the Workers Compensation Statute of the State of Florida and its rules and regulations. This difference in Workers Compensation benefits and normal salary shall be provided up to ninety (90) days from the date of injury. Extensions beyond 90 days may be made by the City Council, in increments up to ninety (90) days. The employee will reimburse the City if the amount paid exceeds one hundred percent (100%) of normal salary. This may be accomplished by the employee making a cash payment to the City. Specific details can be provided by Human Resources staff the Finanno Depa tmen4 An employee who is injured as a result of job duties and is classified permanently totally disabled by Worker's Compensation will be entitled to leave with full pay, commencing from the date that the employee is so classified by the State, which will be reduced by the benefits paid to the employee by the insurance carrier for a maximum of ninety (90) calendar days. The paid disability leave must be recommended by the employee's Department Head and authorized by the City Council. An employee who remains permanently totally disabled after the allowed maximum disability leave may elect to receive weekly payments charged first to accrued sick leave then to accrued annual leave account. These amounts will be reduced by the disability benefits paid to the employee by the insurance carrier, or an employee classified as permanently totally disabled may elect to immediately cash out any accrued sick leave or annual leave. EDUCATION REIMBURSEMENT 6,14,15 The City Council adopted a Two Yea f Education Reimbursement Contract Program. This program applies to full-time, arad part-time employees, VE)IURteeF FiFefig#ters and Police Auxiliary Officers with less than 10 years of service with the City. A contract will be entered into when the position held by the employee requires them to attend training, education, certification programs, or classes, as a pre -requisite to continued i 0 employment with the City. The contract provides for the City to advance the costs or reimburse costs of the required training, education, or classes, including program fees, materials, travel, lodging, per diem, or other related expenses. The employee agrees to reemai^ aS an 8mn10„ee V9161nteeF Cirefinhter and/or Auxiliary Officer agrees to remain employed (or for Auxiliary Officers, an active member) with the City for a continuous period of three -years for sworn law enforcement and/or Auxiliary Officers or two years for non - sworn Police Department and general employees following the completion of the specific training, education, or certification. Contracts are available in the Human Resources City QeFk's Office and are to be fully executed before the employee registers or attend classes. UNIFORMS FURNISHED 14 The City furnishes uniforms to the employees of the Public Works and Department, Police Departments, . CHAPTER 4 LEAVE BENEFITS 3,1, 11, 14, 15 ANNUAL LEAVE 14,11 Eligibility 15 Employees who are full-time and regular earn annual leave. Continuous service is calculated from the date of original employment, with leave being accrued from that date; if the first month's employment was for at least fifteen calendar days, it shall be considered a complete month for leave accrual purposes. Thereafter, the annual leave accrual shall be at the end of each calendar month for all employees. Six months' service is required before paid annual leave can be taken. No employee shall be paid for, or permitted to take, annual leave prior to the date it is earned. Continuous service is defined as including those periods when an employee is on paid leave. For employees on unpaid leave: a) Refer to Unpaid Leave designation in this Handbook Page 7 (no accrual is covered in the unpaid designation). b) Regular employees who have been temporarily laid off and return are credited for prior service in determining advancement to the higher accrual level. Scheduling Each Department Head prepares a department leave schedule. Conflicts in desired dates among the employees shall be decided by the Department Head with due regard for the needs of the City and work requirements. An Annual Leave Request Form, properly completed and signed by the employee and with written approval by signature of the Department Head, is required before Leave may be taken. BENEFITS 14 The annual leave schedule here is for employees with an assigned forty (40) hour work week -fie personnel who w rk ski , (24 heuFs en duty and 49 hours e#), earn prePOFtiORate shift th Continuous Service (40 Hour Work Week) Work Days W404 At end of 6 months At end of 1 year At end of 10 years At end of 15 years 6 12 15 20 3 fts: 24 x 3 - 72 _ 6 - 12 hrs pernth 0Shafts: 24 6 144 12 - 12hrsper mth x 6 Shiftsz4x6 - 192 12 - 16 hrs rnth per - 264 - 12 - Maximum Accumulation An employee may be required to postpone to a later date scheduled annual leave if the work situation requires it. The Department Head will then authorize the accumulation of annual leave earned into the next calendar year. The employee, with the Department Head's approval, may accumulate annual leave to permit an extended annual leave. The maximum annual leave accrual thus permitted is thirty (30) days, or two hundred forty (240) hours at the end of each calendar year. This means if you have more than two hundred forty (240) hours at the end of a calendar year you will lose the hours over two hundred forty (240). The Department Head may make mandatory annual leave arrangements for any employee at the maximum. Each employee will be entitled to a maximum of two (2) personal leave days per calendar year, which shall be deducted from his/her accumulated sick leave. Payment for Unused Annual Leave 10,11,15 In certain situations, payment is made for unused annual leave. A regular employee may be paid through the last fully completed calendar month of service. The City will pay only two hundred forty (240) hours annual leave. There is no payment to employees who have not completed their evaluation periods. Upon separation from employment with the City, authorized and accumulated annual leave shall be withheld from the final paycheck of the employee by Human Resources and/or the Finance Director, and deposited for the employees or beneficiary's benefit with The Standard, or such other entity that provides such services, as approved by the City Council, to be administered and distributed, as set forth in the Special Pay Plan approved and on file within the City of Okeechobee, For those employees enrolled in the Deferred Retirement Option Plan (D.R.O.P.) program, upon entry into that deferred retirement program the City shall commence to annually withhold and divert 10 percent of the employee's annual leave into the Special Pay Plan Account until termination of the D.R.O.P. enrollment. a) Resignation in good standing. This requires a minimum of six (6) months continuous service and two (2) weeks' notice. b) Layoff. c) Retirement. d) Death. SICK LEAVE (NON -JOB RELATED) 14, 55 Paid sick leave is provided for a genuine need of the employee and is not an automatic entitlement to days off with pay. Sick leave will be charged in one-half ('/2) hour increments as used and accrued at the end of each calendar month. Sick leave is defined as: 1. Illness, injury, incapacitation, or quarantine of the employee. 2. Routine medical, dental, or optical examinations which cannot be scheduled at any time other than working hours. Illness or injury of a member of the employee's household or immediate family, requiring the personal care and attention of the employee. a) Immediate Family is defined as: Employee's Spouse, Children, Parents (of either), and Step -Children. 4. Illness or injury as a result of outside employment are excluded, and absence as a result of such activities shall be unpaid personal leave, not paid sick leave, except as otherwise approved by Department Head. 0 E Example of where paid sick leave should not be used is outside employment that also provides benefits such as worker's compensation, medical or other employee benefits. Eligibility Regular and evaluation status full-time employees accrue sick leave on a calendar month basis. Evaluation status employees are not eligible to receive paid sick leave until completing a full calendar month's employment. Part-time, seasonal, temporary, or emergency employees are not eligible for paid sick leave. Benefits 3, 14,15 1. All forty (40) hour work week employees: a) At the end of each complete calendar month the amount of e i g h t (8) hours is credited to the employee. No credit is given for the first month of employment if it is less than fifteen (15) days. If fifteen (15) days or more, it shall be considered a complete month. An employee will not earn sick leave credit in any one (1) month during which sixteen (16) or more calendar days (or 128 hours) of sick leave, with or without pay, have been approved. 2.3-.All employees are permitted to participate in a stickily anonymous and voluntary program, whereby an employee, in non -job related or worker's compensation sick leave, may contribute his or her accrued sick leave time, as calculated above to an account for other employees to draw upon in time of dire need, subject to the following conditions: a) The intent of the program is that sick leave is to be drawn for use by fellow employees only in cases of extreme need and is not to be used for non- serious illness or injury. b) The donated sick or annual leave time of an employee shall be monitored by the Human Resources staff Pers.,RRel AdMiRistrate who shall receive all requests to donate time. The Department Head shall receive the employee's request to use the donated time, and to determine the eligibility of the requesting employee for such request, and that the stated need to participate is legitimate. c) No employee may donate accrued sick or annual leave time unless the donating employee retains a minimum of 60 hours of accrued sick or annual leave time in their own account after the contribution. d) No employee may draw upon and use contributed leave time unless the requesting employee has zero hours remaining in their accrued sick and annual leave account. e) At any time that a request for use of donated leave is requested, the Department Head shall take the request to the Human Resources staff PeFsennel AdMiRiStFatG to distribute to all department employees and determine which employees, if any, is willing to contribute accrued sick and/or annual leave, and in what amount. When the total number of contributing employees is determined, the requested hours shall be broken down to each individual account to reach the needed hours for the requesting employee. • • f) Each contributing employee shall sign a form designating the number of sick and/or annual leave hours he/she is donating and such hours there upon shall be transferred from the contributors leave account to that of the requesting employee, per pay week as needed. g) In the event of prolonged and exceptional need by an employee, the request for hours and donation of same by fellow employees may be repeated as necessary so long as the employees are eligible to participate. h) As this is a voluntary program, no employee shall possess any vested right or obligation to participate in the program, and the decision of the Department Head as to eligibility and need to shall be final. i) In the event the requesting employee should return to work sooner than expected, any unused contributed time shall be transferred back to the donating employee's account. Requests, Approvals and Proof The employee shall request paid sick leave in writing prior to the need for time off unless an emergency has occurred which makes absence necessary, then the employee shall promptly notify the Supervisor or the Department Head within two (2) hours of reporting time or comply with Departmental rules in those sections essential to the functions of the City. The employee will submit a Sick Leave Request Form immediately upon returning to duty. A Sick Leave Request Form, properly completed and signed by the employee and with written approval by signature of the Department Head is required before payment for sick leave is made. The Department Head may require medical evidence, or proof of need. Failure to provide the requested evidence shall result in the leave being classified as unpaid personal leave. Each Department Head has authority to investigate sick leave requests, disallow payment, and execute disciplinary action including discharge for improper claims or dishonesty. An employee should request annual leave or unpaid leave when all accrued sick leave has been used. If the employee has no annual leave time, then sick leave without pay must be requested. Payment for Unused Sick Leave 10,11,15 An employee is eligible for payment of unused sick leave upon either of the following: Ten (10) years or more continuous service upon leaving the City employment in good standing (is not discharged for cause). 2. Death of employee who hasten (10) years or more of continuous service. 3. Normal Retirement as provided by City Pension Ordinance. A conversion rate of fifty percent (50%) will be applied to the employee's unused sick leave balance in determining the payment amount due. Upon separation from employment with the City, authorized and accumulated sick leave shall be withheld from the final paycheck of the employee by the Human Resources staff and/or Finance Director, and deposited for the employee or beneficiary's benefit with The Standard, or such other entity that provides such services, as approved by the City Council, to be administered, and distributed, as set forth in the Special Pay Plan approved and on file within the City of Okeechobee. For those employees enrolled in the D.R.O.P. Program, upon entry into that deferred retirement program the City shall commence to annually withhold and divert 10 percent of the employee's annual sick leave into the Special Pay Plan Account until termination of the D.R.O.P. enrollment. CIVIL LEAVE An employee will receive full pay for appearance in court either for jury duty or as a witness subpoenaed by the government, public body, or Commission, except in any private litigation. Any employee so summoned shall report for work when excused by the court after less than a full day's service. Requests with proper documentation should be submitted as soon as notice is received from the court. FUNERAL LEAVE An employee who has a death in the immediate family is permitted paid leave for a maximum of five (5) days. For the purpose of funeral leave, immediate family is defined as the: Employee's spouse. Employee's or spouse's: Children, Siblings, Parents, Grandparents, Grandchildren, Guardians of either, and Wards. Any additional leave, beyond that provided above shall be considered administrative leave without pay or as annual leave with pay. Evidence of death and funeral attendance may be required from the employee by the Department Head. VOTING All employees will be given time off with pay in order to vote in elections. EDUCATION OR TRAINING LEAVE Leave with pay may at the discretion of the Department Head be granted to an employee for job -related training seminars, conferences, or conventions of short duration. Governmental certification examinations for job related purposes are also permitted. The purpose of the education or training must have a direct relationship to the activities or programs of the City. PERSONAL UNPAID LEAVE 15 An employee may request leave in advance without pay if it is necessary for personal reasons to be absent. It requires the approval of the Department Head. A maximum of two (2) weeks is permitted per calendar year. A request for over two (2) weeks with a maximum of one (1) year requires the approval of the City Council. The accrued sick leave at the time shall be reinstated when the employee returns to duty. No benefits are accrued while the employee is on leave without pay. Employee must pay insurance premiums directly to the Human Resources Office FiRaRGe Department by the 10th of each month to maintain coverage while on personal unpaid leave. Failure of payment may result in termination of insurance coverage pursuant to the FMLA. ADMINISTRATIVE LEAVE (PAID) Additional time off with pay may be granted to an employee under certain circumstances with the approval of the Department Head for such things as extended funeral leave and certain other emergencies. MILITARY LEAVE (PAID AND UNPAID) " Annual Military Training Leave 15 Regular full-time employees are entitled to military paid leave upon presenting proper orders calling the employee to temporary active duty for training purposes with a reserve unit of the United States Military or a National Guard Unit for a period not exceeding seventeen (17) consecutive calendar days in any one (1) calendar year. A copy of the orders or a statement from the appropriate Military Commander must be attached to the Percr�rse n4l_eave of Absence Form requesting military leave and must be submitted at least ten (10) days in advance. Induction Examination An employee shall be granted leave with pay for the pre -induction physical examination required by the military services. Military Service Leaves of absence without pay for full time or reserve duty in the United States Armed Forces are granted to all employees. Employees who are called to active military duty or to reserve or National Guard training, or employees who volunteer for such training or duty, should submit copies of their military orders to their Department Head as soon as practicable. Employees will be granted a military leave of absence for the entire period of military service in accordance with applicable law. Employees returning from military leaves are eligible for reinstatement in accordance with applicable law. LEAVE REQUESTS Forms are provided for the reporting of time taken off from work, either with or without pay. This includes funeral leave, administrative leave, annual leave, sick leave, and military leave. Before any leave time can be paid, a completed request, signed by the Employee, Supervisor and approved by the Department Head, is required. FAMILY AND MEDICAL LEAVE ACT OF 1993 CITY POLICY 1- General Purpose - This policy establishes the rights and obligations of the City and its employees • • with respect to leave necessary for the medical care of employees and their families. 2. Qualification for Leave - Employees must have been employed for at least twelve (12) months and have worked at least one thousand, two hundred fifty (1,250) hours in the year preceding the date the employee seeks to start the leave. 3. Available Leave - Eligible employees are entitled to take up to twelve (12) weeks leave during the twelve (12) months of the fiscal year (October 1st and ending September 30th) for the following purposes: a. Child Care: Leave may be taken because of the birth, adoption, or foster -care placement of a child. (1) Childcare leave must be concluded within twelve (12) months from the date of the birth, adoption, or foster -care placement. (2) Parents who are both employees of the City and who are eligible to take leave are entitled to take a combined twelve (12) weeks of leave for childc are purposes under this paragraph. (3) Employees who anticipate taking leave under this paragraph are required to provide notice of their intent at least thirty (30) days prior to the date leave is anticipated to begin, or such notice as is practicable if leave becomes necessary before such thirty (30) day notice may be given, b. Family Care: Leave may be taken to care for a son, daughter, spouse, or parent who has a serious health condition. (1) A serious health condition is one that involves inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity or a subsequent treatment in connection with or consequence to such inpatient care. A period of incapacity of more than three (3) consecutive calendar days that also involves: a. Treatment two (2) or more times by a health care provider; or b. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider; Any period of incapacity due to pregnancy, or for prenatal care. A chronic condition which: a, Requires periodic visits for treatment by a health care provider or a nurse or physician's assistant who is supervised by a health care provider; b. Continues over an extended period of time; and c. May cause episodic rather than a continuing period of incapacity. A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective (e.g., Alzheimer's disease). Any period of absence to receive multiple treatments by a health care provider or provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury or for a condition that would likely result in the period of incapacity of more than three (3) consecutive calendar days in the absence of medical intervention or treatment. (2) Employee requesting leave under this paragraph must present a certification from a health care provider containing the date on which the serious health condition commenced, the probable duration of the condition, the appropriate medical facts regarding the condition, a statement that the employee is needed to care for the family member, and an estimate of the amount of time such care will be required. (3) Employees taking leave under this paragraph may take the leave intermittently upon production of a health care provider's certification that the intermittent leave is necessary for or will assist the care of the family member and that provides the dates and duration any treatment and leave is expected. Employees using leave on an intermittent basis must try to schedule the leave to minimize disruption of normal operations. An employee may be reassigned to an alternative position, with equivalent pay and benefits, that better accommodates the recurring periods of leave. (4) Employees who anticipate taking leave under this paragraph are required to provide notice of their intent at leave thirty (30) days prior to the date leave is anticipated to begin, or such notice as is practicable if leave becomes necessary before such thirty (30) days notice may be given. Self -Care: Leave may be taken when the employee is unable to perform the essential functions of the position that the employee holds. (1) Employees seeking leave for self -care must have a serious health condition, as defined by paragraph 3b(1), above. (2) Employees requesting leave under this paragraph must provide certification from a health care provider containing the date the serious health condition commenced, the probable duration of the condition, the appropriate medical facts regarding the condition, and a statement that the employee is unable to perform the essential functions of the position. Employees seeking the certification must provide the health care provider with the department's written job description and/or list of essential functions of the position. (3) Employees taking leave under this paragraph may take the leave intermittently upon production of a health care provider's certification that the intermittent leave is medically necessary and the expected duration of the leave. Employees who elect to use the available leave on an intermittent basis must try to schedule the leave to minimize disruption to normal operations. An employee may be reassigned to an alternative position with equivalent pay and benefits that better accommodates the recurring periods of leave. (4) Employees who anticipate taking leave under this paragraph are required to provide notice of their intent at least thirty (30) days prior to the date leave is anticipated to begin, or such notice as is practicable if leave becomes necessary before such thirty (30) day notice may be given. Failure to Provide Required Certifications: Failure to provide the certifications required under this paragraph may result in a delay or postponement of leave. Use of Accrued Paid Leave - Eligible employees will be required to use accrued paid leave before unpaid leave is taken. a. Child or Family Care: Employees taking leave upon the birth, adoption or placement of a foster child under paragraph 3a, above, or for the care of a son, daughter, spouse, or parent under paragraph 3b, above, must use accrued annual, personal or family leave (if applicable) prior to taking unpaid leave. b. Self -Care: Employees unable to perform the essential functions of their job and who take leave under paragraph 3c, above, must use accrued annual, personal, and sick leave prior to taking unpaid leave. 5. Benefits While on Leave - During any period of leave under this policy, an employee's group health insurance coverage will be maintained at the same level and under the same conditions as before the leave began. Employees who normally make a contribution toward their health insurance coverage must continue to do so. If on paid leave, the employee's contribution will be collected in the same manner as if the employee were reporting to work. During periods of unpaid leave, the employee must arrange with the payroll office, prior to commencement of the leave, for payment of the employee's share of the premium. An employee who does not return to duty from unpaid leave under this policy for at least thirty (30) calendar days will be liable for the department's group health insurance premium contribution and any part of the employee's share paid by the department, unless the failure to return to duty is caused by continuation, recurrence, or onset of a serious health condition that would entitle the employee to leave under this policy or for circumstances beyond the employee's control. Where recovery of premiums is permitted, the department shall be entitled to set off the amount against any final pay or monetary benefit to which the employee would otherwise be entitled. 6. Return to Duty - Upon return to duty, an employee is entitled to restoration to the former position or an equivalent position with equivalent pay and benefits. a. An employee who has taken leave for self -care under paragraph 3c, above, will be required to present a certification of fitness for duty from a health care provider prior to commencement of work. Failure to provide the certification may cause denial of reinstatement NOTE: Forms for certification of physician or practitioner are available in the Human Resources Gity Glerk's Office. This is a medical leave provision that is not the same as Personal Unpaid Leave. 0 CHAPTER 5 HOURS, PAY, AND SAFETY 14 WORKWEEK AND ATTENDANCE 14 The standard work week is Friday 0001 a.m. through Thursday 1200 p.m. except for the Police Department which is: Sunday 0001 a.m. through Saturday 1200 p.m. Daily on -time appearance for work is expected of all employees. The City is obligated to serve its residents with varied essential services and to function efficiently requires all its employees. When you do not report for work someone else must pick up the workload or services will be delayed or affected. Any employee who is habitually late or absent will be subject to discipline, up to and including discharge. MEALS AND BREAKS Employees are permitted two (2) fifteen (15) minute paid work breaks per day. This break time may not be "saved" or accumulated to allow more time away at meals or an early departure from work. Breaks are subject to the Department workload and the delivery of services. Mealtime, without pay, will be scheduled by the Department Heads. TIME KEEPING AND REPORTING Federal Regulations require that individual time records be kept. All employees, except Department Heads, are to sign and submit a time sheet or card for the pay period. This records hours worked, authorized paid or unpaid leave time and unauthorized absences. Each Department Head or designee certifies that the employee's time report is correct. Where used, timecards should be punched within five (5) minutes of shift, beginning or end. SAFETY, INJURIES, ACCIDENTS The health and wellbeing of each employee is important. No one should attempt to operate power tools or equipment which he/she has not been trained to use. This is a major cause of injury and accident. Daily use of safety devices is required. The City furnishes necessary safety items such as shields, goggles and hard hats. Prompt medical care is given whenever an injury occurs at no cost to the employee. All injuries, property damage or near accidents must be reported at once to your Supervisor so that corrective actions may be taken and other employees are protected. OVERTIME WORK A N D PAY 14 The workload of each Department varies, but all have exceptional work requirements occasionally. When this happens, any employee may be required to work overtime. Each Department Head decides when overtime is necessary and who shall work. No non-exempt employee is to work overtime without prior approval. The rate of one and a half (1%) times a non-exempt employee's regular rate will be paid for all hours worked over forty (40) hours per week eXGept fnr the Ciro Department, anti with the exception of Department Heads who are not paid overtime. Paid leave time is not included as work hours. An employee is assured of overtime pay, or may request compensatory time off. Emergency Call to Duty Due to an emergency, an employee may be called in when not scheduled to work. Any non- exempt employee thus called in shall be paid at least two (2) hours at one and a half (1'/2) times the regular hourly rate of pay. Sick leave and compensatory time cannot be used in order to be paid overtime. Compensatory Time Off This is subject to provisions allowed under Federal Wage and Hour Laws and when appropriate, approval by the Department Head is granted on a one to one ratio (1:1) to overtime hours worked. Overtime hours are always reported on the employee time form and if compensatory time is to be taken instead of overtime pay, it will be recorded as such. 1. For every hour worked an employee is eligible to receive one and a half (1 %) hours compensatory time up to a maximum of forty (40) hours. 2. Compensatory time must betaken within thirty (30) days of the date it is earned. DISASTER EMERGENCIES When a local disaster situation occurs, all City employees of all departments are expected to report to work and help wherever necessary to maintain the essential services and assist the residents of Okeechobee. As a public servant, the safety and well being of the people is your responsibility and, in an emergency, total cooperation and dedication to duty is expected. FALSIFICATION OF RECORDS No employee is to sign another employee's time record, leave request, or any other personnel action form, participate in any attempt to falsely record or report time worked or allow any other person to sign any personnel action form for himself or herself. Any employee who has knowledge of any falsification and does not report it, is a participant. The penalties for a violation of this personnel rule include discharge from service. CHAPTER 6 RULES FOR EMPLOYEES GENERAL WORK Each Department of the City has work rules which are in addition to those in this Handbook. Due to the varied functions and size of the departments, these rules will vary, however, there are some general rules: 1. Courteous relationships with other employees and the public are expected at all times, in all places. 2. Personal activities such as visitors, phone calls or conversations should be kept to a minimum and City operations conducted in a business -like manner. 3. Reporting of lateness, absences, requests for leave and other internal items should be done in advance or as promptly as possible. This helps the scheduling of work and the performance of services. 4. Personal appearance and hygiene are the responsibility of each individual and are particularly important when dealing with the public. Employees are expected to observe the community standard of dress, appearance, and hygiene. 5. Vehicle and equipment operators are usually under direct observation by residents and should avoid practices that create an impression of discourtesy or recklessness. 6. All employees are subject to approach by persons desiring information, opinions, or names concerning City affairs, controversial events or possibly confidential materials. These requests should be referred to the Department Head for handling and the circulation of rumors, gossip, half- truths or mistaken opinions avoided. 7. Safety rules should be followed, common sense used, and any hazardous conditions or places reported at once. 8. Expendable supplies and energy are increasingly expensive. Everyone is expected to make full use of supplies, make efficient use of fuel and electricity, and conserve when possible. CONDUCT AND ETHICAL BEHAVIOR 14 All employees are public servants and are subject to certain Florida Statutes and Policy decisions of the City Council. These are all to protect the interests of the general public and assure the City residents that the public's business will be carried out properly without favoritism to individuals or factions. These rules are called: "Standards of Conduct and Ethics" Financial Interest No employee shall have any interest, financial or otherwise, direct or indirect, engage in any business transaction or professional activity; or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest. Gratuities No employee shall solicit or accept anything of value, regardless of its nature, in connection with City employment, from any person, partnership, corporation or other entity, with the expectation or understanding that preferential treatment will result or that may tend to influence the employee in the performance of duties. Payment from Other Public Funds No employee will receive payment for services from any other public or private organization receiving local, state or federal financial support without Department Head approval. Use of Government Property No employee shall use orallowthe use of public property of any kind forotherthan officially approved activities. Use of Government Information No employee shall use or allow the use of official information gained through employment, which has not been made available to the general public, for furthering a private interest of any sort. Civil Disorders No employee shall participate in riot or civil disorder. General Conduct No employee shall engage in criminal, infamous, dishonest, immoral, or other conduct injurious or prejudicial to the City, the public interest, the work force, or the general public. Those employees in positions of public trust or who handle information of a sensitive or confidential nature are expected to exercise integrity and discretion. Gambling No employee shall participate in any gambling activity of any kind while on duty or while on City -owned property. Distribution or Solicitation 14 The distribution of literature during working hours in areas where the actual work of employees is performed, such as offices, warehouses, police stations, fiFe station6, and any similar public installations is prohibited. Moreover, the soliciting of public employees during the working hours of the employee who is involved in the soliciting is prohibited. POLITICAL ACTIVITY All City employees are permitted to hold membership in and support a political party, or maintain neutrality. Outside work hours and away from City property, employees may take an active role by attending meetings, supporting candidates, and working in campaigns. • U OUTSIDE EMPLOYMENT ACTIVITY Employees are hired with the expectation that the City will receive full faith and effort and that outside work or other activities will not interfere with work performance, cause a possible conflict of interest, or reflect unfavorably on the City due to the nature of the activity. An employee considering outside profit -making activity of any sort is to first secure the approval of the Department Head. Approval may be withdrawn if there is an unfavorable impact on work performance. CHAPTER ? EMPLOYEE RELATIONS 14, 15 ADVANCEMENT AND TRANSFER The City benefits by encouraging employees to train and qualify for better positions in the service. Efforts will be made to work with those individuals who express an interest and desire to improve work related job skills. Whenever possible a present employee will be promoted rather than hire a new person. SEPARATION PROCEDURE 15 Upon separation of an employee and before the final paycheck is released by Human Resources the PiRaRGe Drester, the Department Head shall reclaim and account for all City property, of any nature, in the care, custody or possession of the employee. Any amounts owed the City by the employee shall be deducted from final compensation or other appropriate action taken. An exit interview may be performed by Human Resources the Dorcnnnal drn*Rmstratnr GRIEVANCE PROCEDURES 1a,15 Policy It is the intent and policy of the City to provide individual employees a means of assuring fair and equitable treatment in all matters related to their employment with the City. For this purpose an independent, impartial review process is established to investigate and resolve complaints, grievances, discrimination claims or other matters related to personnel practices. Human Resources staff The PerseRRef drn'ter will be the coordinator of the Grievance Committee. Grievance Committee 14 Intent - The Committee is established to provide a means for the City employees to be heard by an impartial, independent group which will serve as a mediator in the interpretation and enforcement of City personnel policies and practices. Composition - There shall be three members of the Committee. One regular and one alternate member from the Police Department; one regular and one alternate from the Departments of Finance, Administration, General Services, and Public Works; and one regular and one alternate member from the City Clerk's Office. They shall be appointed by the City Council. Term - Members serve for a term of two years and may be reappointed by the City Council without time limit. Replacement - Should any Committee member be absent from two or more meetings in one year without good cause the Chairperson has the authority to request the appointing City Council to name a replacement for the remainder of the term. Organization - The Committee members shall elect a Chairperson and Secretary from its members by a majority vote. Chairperson - The Chairperson shall have authority as follows: a) If Chairperson is from the same Department as the aggrieved employee, the Chairperson is to step down and the Committee will elect a Chairperson by majority vote of the Committee. b) Establish the time and place of meetings. c) Preside at the meetings, decide procedural questions and maintain orderly conduct of hearings. d) Approve and sign meeting minutes, hearing recommendations and reports. e) Act to assure the integrity and impartial nature of the Committee. f) Exercise voting rights in all matters. g) Disqualify Committee members for cause from hearing a specific employee appeal. Secretary - The secretary shall keep minutes and records of the Committee, record votes, dissenting opinions (when so requested) and prepare the written recommendations of the Committee. Publication - The names of Committee members shall be distributed to the City workforce and posted on the employee bulletin board. Compensation - All Committee members shall serve without compensation. City employees shall receive normal pay and not be penalized due to Committee activities or meetings during their regularly scheduled work hours. Meetings - Shall be held when required and reasonable notice shall be given to the members and participants. A called meeting shall be held at the request of three Committee members with reasonable notice to be given to all City employees and the other members of the Committee. Rules of Order - Roberts Rules of Order shall be used as the procedural guide in Committee meetings and hearings. Quorum - A quorum shall consist of two members present and voting. No meeting shall be held unless a quorum is present. Decisions - All Committee recommendations or decisions shall require a majority of the members present and voting. Voting - All voting shall be by roll call and rotating alphabetical order among the Committee members. Committee Expenses - The Committee, by majority vote, may request the services of the City Attorney or recommend expenditures. Expenditures require the written approval of the City Administrator. Disqualification - a) The Chairperson shall, prior to a hearing, permit challenges from the parties involved concerning the impartial position of any member due to work or personal relationship with the parties to the appeal. The other members shall vote to uphold or reject the challenge. b) A Committee member may ask to be excused from hearing a specific action if it is felt that prior opinion, knowledge, or relationships might jeopardize the impartial requirements of the • • Committee decision. c) The Chairperson may disqualify a Committee member for cause. Employee Review Requests 1. The employee is to discuss the complaint with his/her immediate Supervisor within seven (7) calendar days after being made aware of a cause for complaint. The immediate Supervisor shall orally respond to the employee within four (4) calendar days. The employee, if dissatisfied, may appeal the decision of the Supervisor to the Department Head. The employee shall directly inform the Department Head within three (3) calendar days that a review of the complaint is requested. The Department Head shall meet with the employee within seven (7) calendar days of the review request. The review meeting shall be informal and a sincere attempt made to resolve the situation by the Department Head who shall fully investigate the allegations and hold more than one meeting if necessary. At the conclusion of the review the Department Head shall: a) Prepare a written statement of the employee's complaint which is to be read, approved as correct, and signed by the employee. b) Prepare a written response and signed decision concerning the complaint. c) Distribute copies of the statement and response to the employee, keeping one copy. d) These forms and decisions shall be delivered within seven (7) calendar days of the review meeting between the employee and the Department Head. Grievance Appeal Should the employee be dissatisfied with the decision of the Department Head, an appeal may be filed in writing within five (5) calendar days to his/her Departmental Representative that serves on the Grievance Committee, requesting a review of the matter. The Representative shall within seven (7) calendar days notify the Grievance Committee Chairperson with a written statement and request an appeal hearing be set. Hearing Procedures The Grievance Committee Chairperson shall set an appeal hearing within thirty (30) calendar days after receiving notice of the employee's appeal from the Departmental representative. The Grievance Committee shall conduct its hearings in an informal, orderly manner compatible with the intent of an impartial, objective proceeding to determine the facts and assure a fair decision. Both the employee and the City may present witnesses and introduce exhibits and other evidence. The Department Head shall personally appear and participate if necessary. The City shall tape record the proceedings, but any additional record shall be the responsibility of the employee. Committee Authority The Committee shall have the right to determine the admission of evidence, question and re-examine participants and witnesses, be represented by legal counsel, subpoena witnesses and documents and administer oaths. The Chairperson of the Committee shall preside over the hearing and establish procedures for an orderly meeting. All persons testifying shall be administered an oath and be subject to cross- examination. Failure to Appear Should either the aggrieved employee or the Department Head, after due notice, fail to appear at the hearing, the Committee has the authority to decide which of the following actions to take: u a) Hold the hearing and render a recommendation. b) Request a written statement from the absent party or parties and reschedule the hearing for a later date when all parties can be present. Committee Recommendation The Grievance Committee may uphold the position of either party, either in whole or in part, recommend modified actions, or other solutions to resolve the situation equitably and fairly. Should the Committee recommendation reverse or reduce the disciplinary action previously imposed which resulted in reduced salary compensation to the aggrieved employee, the Committee may recommend that the aggrieved employee receive a compensation adjustment up and to the gross salary. The Grievance Committee shall make its report and recommendations to the Department Head. Recommendations of the Committee shall be written, signed by the Chairperson, and delivered within seven (7) calendar days to the participants. The Department Head shall accept, reject, or modify the recommendations of the Grievance Committee within seven (7) working days. City Council Appeal 15 Should either the aggrieved employee or the Department Head not accept the decision of the Grievance Committee they may then appeal to the City Council. The party appealing shall file written notice with Human Reousrces staff the Dorennnol Arlminietroter within seven (7) calendar days of receiving the findings of the Department Head, and request a hearing. The City Council shall hold a hearing not later than twenty (20) calendar days after receiving the appeal. The Council may confirm, modify, amend or reverse the recommendation of the Department Head. The decision shall be in writing and delivered to the parties within seven (7) calendar days of the hearing. The decision of the Council shall be final. TYPES OF SEPARATIONS Separations from service are categorized as: Resignation Two calendar weeks notice must be given by the employee for classification as resignation in good standing with retention of the re-employment privilege. Layoff A reduction in work force is an involuntary separation, not involving misconduct, inefficiency, or other delinquency. The employee is given two weeks notice or two weeks severance pay in lieu of notice. Layoffs will generally be in reverse seniority sequence within each job classification after temporary and probationary employees are separated. Employees will be recalled in seniority sequence, depending on classification vacancies and length of service. Loss of Job Requirements An employee who is unable to perform the job adequately, due to loss of license, bond, or other requirement may be separated by layoff, transferred to other duties or demoted. Disabili The City will first attempt to reasonably accommodate a disabled employee, then require extended leave without pay or layoff. • • Death An employee's spouse, next of kin, or estate receives all monies and other benefits due to the deceased. Retirement The employee will receive all accumulated vacation leave and other benefits for which payment is due. Police Officers, Sworn Personnel A separate procedure has been established under Police Officers Bill of Rights, Florida Statutes 112 and will govern disciplinary action procedures concerning Police Officers, excluding the Police Chief. WORK RULES In order to provide general guidance to our employees, the City has established certain work rules in the form of a list of prohibited conduct. Engaging in any of the following will result in disciplinary action up to, and including, immediate discharge: 1. Use, possession, sale, purchase or being under the influence of alcoholic beverages, intoxicating drugs, or other intoxicants at any time, on City premises or while on City paid time. 2. Theft, embezzlement, fraud or unauthorized possession of the City's or an employee's property. 3. Carrying or having possession of weapons or explosives (on your person or on the premises). 4. Personal acceptance of a fee, gift, or other valuable item from others doing business with the City. 5. Being convicted of a felony or misdemeanor involving turpitude (shameful act or baseness). 6. Horseplay or other disorderly conduct. 7. Intentionally destroying or damaging City property. 8. Falsification of City records including, but not limited to, the employment application, time records, forms, reports, or any other documents required by the City. 9. Non-compliance with or disregard for safety rules and/or practices or engaging in any conduct that is unsafe in nature. 10. Being absent from work without permission, coming to work late, abuse of sick leave, or leaving the premises without permission. 11. Threatening, intimidating, coercing, interfering, harassing, using abusive language towards anyone (i.e., the public, co-workers, supervisors, etc.) or other conduct unbecoming a City employee. 12. Failure to get along with fellow employees to the extent that work being performed is hindered or below required standards. 13. Incompetence, failure to perform assigned work in an efficient manner, or performance which, in the City's opinion, does not meet the requirements of the position. 14. Use of City material, time, or equipment for the manufacture or production of an article for unauthorized purposes or for personal use, or being wasteful of City materials, property, or working time. 15. Smoking in restricted areas. 16. Insubordination or refusal to comply with instructions or failure to perform duties to which assigned. 17. Sleeping on the job. 18. Violation of the provisions of these rules or any rules, regulations and policies prescribed by the City or department head. 19. Any action or inaction which is a hindrance to the effective performance of City functions or reflects discredit upon the City. 20. Engaging in such other practices which may be inconsistent with the ordinary and reasonable rules of conduct necessary to the welfare of the City, employees, and other citizens. • Ll 21. The harassment of any employee due to membership in any protected class, i.e., sex, race, color, national origin, age, religion, disability, etc. 22. Verbal, written and/or physical assaults. Please note: This list is not all-inclusive and other behavior may subject employees to disciplinary action up to and including immediate termination. DISCIPLINARY ACTIONS The City expects employees to perform their assigned duties at or above satisfactory levels; to follow accepted standards of workplace behavior; and to comply strictly with all laws, rules, and regulations. The purpose of disciplinary action is to correct problem situations, provide an atmosphere in which the employee can learn from past mistakes, and minimize the employee's loss of dignity and self- esteem. The types of disciplinary action are outlined below. Disciplinary Disciplinary action includes, but is not necessarily limited to: -Informal Counseling -Written Warning -Suspension -Termination actions are not necessarily sequential. Informal Counseling The Supervisor or Department Head will counsel the employee privately on an informal basis. The seriousness of the problem and the possible consequences if the employee does not correct the problem will be explained. The specific policies or procedures which apply to the situation will be reviewed. Written Warning For repeated or serious problems, either performance or conduct, the supervisor will formally counsel the employee and issue a written warning explaining the nature of the problems and what the employee must do to correct it. This session will be documented and signed by the employee, supervisor and/or Department Head. This warning will include a description of more serious forms of discipline, including suspension and termination, that may occur if the problem is not resolved. 3. Suspension The Department Head, or his/her designee, may suspend an employee for a specified number of days depending on the seriousness of the situation. The suspension notice will include a final warning indicating that termination will be the next step in the process. At the discretion of the Department Head or his/her designee, the employee may be given a Corrective Performance Plan instead of being suspended. The Corrective Performance Plan is a final resolution attempt to correct a performance or conduct problem. Failure to achieve the specified results within the specified time frame will result in termination. 4. Termination The Department Head, or his/her designee, reserves the right to discharge an employee for just cause. The City's right to discharge shall be deemed to include the right to suspend without pay, demote, or otherwise discipline an employee in lieu of discharge. • • THE EMPLOYEE HANDBOOK WAS PREPARED BY: THE CITY OF OKEECHOBEE AND IS SUBJECT TO PERIODIC REVIEW BY THE CITY COUNCIL AS TO AMENDMENTS WHEN NECESSARY FOR COMPLIANCE TO STATE, FEDERAL AND LOCAL LAW. Adopted: 1996-10-15 1 Revised 1999-08-17, Ch 2 Hiring Process; Qualifications. 2Revised 2000-03-21, Ch 2 Hiring Process; Qualifications and Evaluation Period. 3 Revised 2002-05-07, Ch 4 Sick Leave. 4 Revised 2002-08-26, Ch 3 Paid Holidays. 5 Revised 2003-07-15, Ch 2 Step Pay Plan. 6 Revised 2004-10-19, Ch 3 Education Reimbursement. 7 Revised 2006-02-21, Ch 2 Hiring Process; Qualifications. 8 Revised 2007-04-17, Ch 3 457 Deferred Plan. 9 Revised 2009-09-15, Ch 3 Paid Holidays. 10 Revised 2016-07-19, Ch 3 Retirement Plan; Special Pay Plan. Ch 4 Annual Leave; Payment for Unused Annual Leave. Ch 4 Sick Leave; Payment for Unused Sick Leave. Revised 2016-08-16, Ch 3 Retirement Plan; Special Pay Plan. Ch 4 Annual Leave; Payment for Unused Annual Leave. Ch 4 Sick Leave; Payment for Unused Sick Leave. 12 Revised 2017-10-17, Ch 2 Smoke -Free Policy. 13Revised 2018-05-01, Ch 2 Hiring Process; Qualifications. 14 Revised 2023-04-04, Ch 1 General Information, City Departments. Ch 2 Employment, Application Policy. Ch 2 Employment, Types of Appointments, Excluded Positions. Ch 2 Employment, remove Step Pay Plan added in Revision 5. Ch 3 Employee Benefits; Paid Holidays; Alternatives. Ch 5 Hours, Pay, & Safety; Work week and Attendance. Ch 7 Employee Relations; Grievance Procedures; Grievance Committee Composition and Quorum. Remove references to Fire Department excluding the Retirement section. 15 Revised 2024-02-06, Transferring Personnel Administrator, employee benefits, forms, applications, and workers compensation duties to Human Resources, and corrections to the Education Reimbursement section to match new Contract: Ch 1 General Information; Ch 2 Employment; Ch 3 Employee Benefits; Ch 4 Leave Benefits; Ch 7 Employee Relations.