Division 1. General Policies  


§ 2-201.01. Purpose.
Latest version.

It is the intent of the city commission and city manager to attract and retain employees of the highest caliber, to encourage the development of individual acceptance of responsibility for the attainment of outstanding public service, to select, direct, and evaluate employees based on criteria of ability, training, experience and other work related considerations, to provide clean, safe, and pleasant working conditions, to provide training for supervisory personnel that will assist them to lead and motivate their employees in an effective manner, to provide opportunity to employees to better themselves through training and tuition aid, to provide a grievance procedure that will provide prompt and appropriate settlement of employee grievances through the implementation and maintenance of policies, procedures, practices, rules and standards. The purpose of these personnel administration policies (hereafter referred to as "PAP," "rules," or "policies") is to establish procedures which will serve as a guide to administrative actions covering most personnel actions which will arise.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-201.02. Positions covered.
Latest version.

(a) Unless a specific section or subsection provides otherwise, the provisions of these rules shall be applicable to all employees except:

(1) Elected officials.

(2) Persons hired as independent contractors on a contractual, fee, or retainer basis.

(3) Temporary, non-regular part-time, or casual employees.

(4) Persons employed under the provisions of government programs or grants.

(b) Provided, however, the sections or subsections with an asterisk (*) beside them apply to all employees.

(c) For persons and employees covered by these rules, continued employment, discipline and position placement shall be at the will and pleasure of the city under such terms and conditions as are determined by the city, or its designee.

(d) Employees who serve as division directors, department heads or in higher level positions:

(1) Shall be supervised and evaluated by the city manager or his designee, and shall serve in their capacity and as city employees at his pleasure.

(2) Shall not have access to sections 2-212 or 2-213 but shall present their grievances directly to the city manager who shall resolve same as he deems in the best interest of city operations.

(e) The final interpretation and application of the PAP shall be made by the City of Lake Wales (hereinafter "city"), or its designee. The city reserves the right to amend, alter, modify, delete and add to the PAP as it deems appropriate to serve the best interest of the residents and citizens of the city.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-201.03. Administration.
Latest version.

(a) The city manager is responsible for the administration and interpretation of the PAP.

(b) Department heads/managers are responsible for the administration of these policies within their respective departments/divisions.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-201.04. Amendments.
Latest version.

(a) Amendments to the PAP shall be recommended by the city manager and adopted by the city commission. Copies will be distributed to all department/divisions and employees.

(b) A committee will be established by the city manager, from each department of the city for the purpose of suggesting amendments to the PAP. Suggested amendments will be forwarded to the city manager for approval prior to submission to the city commission for adoption.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-201.05. Department policies.
Latest version.

(a) Departmental policies and standard operating procedures will be reduced to writing and submitted to and reviewed by the city manager for approval.

(b) Departmental policies and standard operating procedures approved by the city manager will serve as supplements to these policies. In the event of conflict, the PAP shall prevail unless the departmental rule has been specifically approved as an exception by the city manager.

(c) Approved changes in departmental policies and standard operating procedures shall be distributed to the affected employees and the human resources director.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-201.06. Overall employment policy.
Latest version.

(a) The overall employment policy of the city shall include:

(1) There shall be no illegal discrimination in employment, employment opportunities or job actions on the basis of race, color, religion, age, sex, national origin, legally recognized disability, political affiliation, or marital status unless one (1) or more of the above constitute a bona fide occupational qualification within the meaning of the law. No job applicant or present employee will be illegally discriminated against or given preference because of any of the above characteristics, unless otherwise required by law.

(2) Persons with known legally recognized disabilities will be given full consideration for employment and opportunities for advancement in all departments and divisions. The city will offer to such persons reasonable accommodation with respect to the essential functions of the job, provided the person is otherwise qualified to perform the job, and provided further accommodation does not create undue hardship on city operations.

(3) The city will take affirmative recruitment actions to expand employment opportunities for groups that are underutilized in the city workforce, but not in any way which violates applicable law.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-201.07. Collective bargaining agreement.
Latest version.

Where these rules or departmental rules and regulations are in conflict with the express terms of the CBA, the terms of the CBA shall take precedence.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-201.08. Policy statement.
Latest version.

(a) In accordance with applicable laws, regulations, and provisions of the City Charter, but not limited to the following, the city has the right to:

(1) Determine the organization of city government;

(2) Determine the purpose of each of its departments;

(3) Exercise control and discretion over the organization and efficiency of operations of the city;

(4) Set standards for services to be offered to the public;

(5) Manage and direct the employees of the city;

(6) Hire, examine, classify, promote, train, transfer, assign, schedule, evaluate and retain employees in positions with the city;

(7) Suspend, demote, discharge, or take other disciplinary action;

(8) Increase, reduce, change, modify, or alter the composition and size of the work force, including the right to relieve employees from duties, or furlough employees from duties because of lack of work, funds, or other legal reasons;

(9) Determine the location, methods, means and personnel by which operations are to be conducted, including the right to contract and subcontract existing and future work;

(10) Determine the number of employees to be employed by the city;

(11) Establish, change, or modify the number, types, and grades of positions or employees assigned to an organization, unit, department or project;

(12) Establish, change, or modify duties, hours of work, tasks, responsibilities, or requirements within job descriptions in the interest of efficiency, economy, technological change, or operating requirements;

(13) Take or refuse to take any action allowed by or not prohibited by law for the purpose of attempting to promote the efficient operation of the city;

(14) Take any other action it deems appropriate subject only to applicable law.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-202.01. Definitions.
Latest version.

Anniversary date means the date an employee begins employment and the same date in following years. This is the date upon which entitlement to fringe benefits are based unless a specific benefit provides otherwise. The anniversary date may be changed in accordance with these rules.

Appeal means a request for review of an alleged grievance submitted or instituted by an employee to higher authority.

City commission means the City Commission of Lake Wales, Florida, or its designee.

City seniority means the length of time an employee has been continuously employed with the city.

Classification seniority (also referred to as job or position seniority) means the length of time an employee has been continuously employed in his current position classification. Classification seniority will be lost or changed upon the loss of seniority under section 2-209, the permanent transfer, promotion, demotion or reassignment to or from one (1) job classification to another.

City Code means the Code of Ordinances of the City of Lake Wales, Florida.

City manager means the city manager, or the city manager's designee.

Job classification means a job title based on the job description.

Classification plan means an official or approved system of grouping positions into appropriate classification.

Collective bargaining agreement (also referred to as "CBA") means an agreement between an employee organization certified by the public employee relations commission and the city commission negotiated and ratified as required by the Public Employees Relations Act.

Compensation plan means the official schedule of pay assigning rates of pay to each classification.

Compensatory time (also referred to as comp time) means compensated time off in lieu of overtime pay.

City seniority means the total time an employee has worked for the city without loss of seniority under section 2-209.02.

Demotion means permanent reassignment of an employee to a lower level job classification for a disciplinary reason.

Department head means department head, director or their designee.

Departmental seniority means the length of time an employee has been continuously employed in a department.

Dismissal or termination means involuntary separation from city employment.

Employee means:

(1) Regular full-time employee is any employee who is non-probationary who is assigned a regular schedule of a minimum of forty (40) hours per week and is designated as a regular full-time employee by the city.

(2) Regular part-time employee is any non-probationary employee who is assigned a regular schedule of less than forty (40) hours per week.

(3) A probationary employee is any full-time or part-time employee who has not completed the initial probationary period.

(4) Temporary employee is any employee who is not classified as a regular full-time, regular part-time or probationary employee, such as a casual or a part-time employee who does not work a regular schedule.

Exempt employee means an employee exempt from the minimum wage and/or overtime under the Fair Labor Standards Act and paid a salary for all hours worked in a work week.

FLSA means the Fair Labor Standards Act.

FMLA means the Family Medical Leave Act.

He/his/him are generic and used for reference purposes only to signal reference to both males and females.

Human resources department means HR.

Human resources director means the employee in charge of the HR.

Insubordination means the refusal to perform work when and as assigned, failure to obey a direct legal order and/or any other act or acts of disrespect or disregard of proper managerial authority.

Job description means a written description of some but not all of the duties and responsibilities of a job.

Job performance evaluation (also referred to as "JPE") means a written report of an employee's job performance.

Layoff means a reduction of the number of employees due to lack of work, funds, reorganization or other operational reason.

May means the word "may" shall be interpreted as permissive.

Pay grade means the salary range which is assigned to a particular classification title expressed as a pay range number.

Probationary period means the first six (6) calendar months of continuous employment with the city as a full-time or part-time employee. After successful completion of the probationary period, the employee will be classified as a regular full-time or regular part-time employee.

Promotion means permanent assignment of an employee to a higher level job classification.

Reclassification means a change in classification, title, description and/or pay grade of a job or job classification.

Reemployment means the hiring of a person who formerly worked for the city. Persons rehired shall be new employees for all purposes.

Resignation means the act of voluntarily withdrawing from city employment.

Retirement means leaving the service of the city upon meeting the requirements set forth in the retirement plan.

Shall means the word "shall" will be interpreted as mandatory.

Suspension means temporary dismissal from work with or without pay.

Transfer means the temporary or permanent reassignment of an employee from one (1) position to another.

Work day means the scheduled number of hours an employee is required to work per day.

Work week or work period means the number of hours regularly scheduled to be worked during any seven (7) consecutive days or other work period allowed by the Fair Labor Standards Act and adopted by the city commission for an employee or group of employees.

Working time means and shall be all time the employee performs actual work for the city.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-203.01. Standards of conduct.
Latest version.

(a) To an unusual extent and in a special way, employees in the city organization are "good will ambassadors". Such status involves a degree of duty and obligation regarding public and private conduct, which is not common to other classes of employment. The attitude and deportment of a city employee should at all times be such as to promote the good will and favorable attitude of the public toward the city, its programs, and policies.

(b) All employees are encouraged to develop skills and seek formal training that will enhance their personal development and add to the overall expertise of the organization.

(c) It is the policy of the city to expect from employees compliance with the PAP, state statutes, federal regulations and departmental rules in the performance of duties, as well as compliance with all safety rules and standards. An employee who violates any of the standards of conduct, departmental rules, or the PAP shall be subject to disciplinary action.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-203.02. Conflict of interest.
Latest version.

(a) Employees in a position to influence actions and decisions of the city or a member of the managerial staff shall refrain from relationships which may adversely affect the exercise of their independent judgment in dealing with suppliers of goods or services and other persons not employed by the city.

(b) Employees shall not accept loans, advances, gifts, gratuities, or favors the value of which exceeds twenty-five dollars ($25.00) from a supplier, bidder, or other person doing business with the city.

(c) An employee shall not use his position with the city to obtain or attempt to obtain any special preferences, favors, privileges or exemptions for himself or for any other person.

(d) No employee shall disclose confidential information gained by reason of his official position with the city except in and as a part of his normal duties as a city employee; nor shall such employee use such confidential information not available to the public for personal gain or benefit.

(e) When an employee has or anticipates creating a business relationship with another person, partnership, firm, corporation or other business entity which does or seeks to do business with the city, or any division thereof, the employee shall advise the department head in writing as soon as that relationship is known. Failure to so advise the department head may result in immediate termination.

(f) Employees shall not accept employment or engage in any business or professional activity which they might reasonably expect would require or induce them to disclose confidential information acquired by them by reason of their official position or that by nature of the employment give rise to a public perception of a compromise of duties.

(g) Any employee of the city who is or becomes an officer, director, agent, or member of, or owns controlling interest in any corporation, firm, partnership, or other business entity which is subject to the regulation of, or which has substantial business commitments with the city, shall file a statement to this effect according to state statutes.

The department head will notify the city manager of any situation covered by paragraphs (a)—(g), above, who will determine whether there is a conflict of interest or a potential conflict of interest and direct the employee's activities in such a way that the conflict of interest no longer exists. The city manager's determination as to whether there is a conflict of interest or a potential conflict of interest shall be final.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-203.03. Political activity.
Latest version.

(a) Employees may engage in political activities during their non-duty time so long as their activities do not interfere with the operation of city business.

(b) Employees shall not wear or display political badges, buttons or stickers when on duty, riding in or on city equipment or when in a city uniform.

(c) Employees shall comply with all state and local laws involving political activity.

(d) Employees may run for elective office or be appointed to non-elective office other than those involving the city so long as the position in no way interferes with their work as a city employee.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-203.04. Employment of relatives.
Latest version.

The city does not automatically prohibit members of the same family from working for the city. Each situation involving employment of a relative must be reviewed on its own individual merits. As a general guideline, however, employees should know that the city will not allow the employment of relatives in any situation where a conflict of interest exists or where there is a substantial likelihood that a conflict of interest will arise. Employees' relatives will not be employed by the city under any of the following circumstances:

(1) Where a relative directly supervise, evaluate, appoint, discharge or discipline the other.

(2) Where one of the parties is a department head.

(3) Where the parties authorizes payroll actions of the other.

(4) Where one of the parties has possession of confidential information about the other.

It is the obligation of all affected employees to immediately advise their department head if a change in his situation occurs or is anticipated that will result in his becoming related to another employee so the effect, if any, of the relationship on city operations may be fully explored and appropriate action taken.

"Relatives" include an employee's parent, child, spouse, brother, sister, in-laws, step relationships and employees in a relationship and sharing living quarters.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2002-26, § 1, 10-15-02; Ord. No. 2005-23, § 1, 6-21-05)

§ 2-203.05. Outside employment.
Latest version.

(a) Employees are not restricted from engaging in other employment during their off duty hours. However, city employment shall be considered the primary employment and no employee may engage in outside employment which would interfere with the interest of city service.

(b) Employees who have other jobs or who seek to have other jobs, must give written notification to his/her immediate supervisor on Form 0208—Notification of outside employment.

(c) Employees sustaining injuries while engaged in outside employment are ineligible to receive benefits under city workers' compensation because of disability resulting from outside employment.

(d) Equipment of any nature, facilities, vehicles or property of the city shall not be used by employees for outside employment.

(e) If in the judgment of the department head, the employee's other employment causes or may cause absences, tardiness, or otherwise interferes or may interfere with the operations of the city or his responsibility as an employee of the city, including but not limited to availability for scheduled and unscheduled overtime and/or call-ins, the employee may be required to quit the other job or leave city employment.

(f) If permission to engage in other employment is granted, it may be withdrawn at any time if in the opinion of the department head the responsibilities of the job are inconsistent with the employee's responsibilities or in any way interferes with his duties as an employee of the city.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-203.06. Release of information.
Latest version.

(a) Employees shall at all times be courteous, friendly and helpful to those members of the public who seek information.

(b) Unless release of information concerning personnel records or the operations of city business is a normal part of their duties, or unless under subpoena, employees will not release and, if asked will courteously decline, to reveal information pertaining to personnel records and other city business and shall direct such inquiries to the human resources department.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-203.07. Solicitation and distribution.
Latest version.

(a) Employee contributions to recognized charitable organizations are purely voluntary. No coercion of an employee to make contributions shall be permitted.

(b) Employees of the city are prohibited from conducting or promoting private business for gain during on-duty hours or within any city building.

(c) Employees are prohibited from soliciting for any reason during time they or the person they seek to solicit are being paid to perform actual work. Such solicitation includes solicitations on behalf of or in opposition to a labor organization.

(d) Employees are prohibited from distributing literature of any kind during hours they are being paid to perform actual work or in any area where employees are engaged in work at any time.

(e) The solicitation and distribution prohibitions set forth in paragraphs (c) and (d) above shall not apply to solicitation and/or distribution by the city or its managerial staff when such is part of the normal operation of city business.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-203.08. Employees' personal life and debts.
Latest version.

Employees shall handle their personal life, including their financial obligations, in such a manner that it will not interfere with the efficient operation of city business or the performance of their own job responsibilities.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-203.09. Use of city property.
Latest version.

Employees shall not use city property, equipment, or vehicles except in the performance of official duty, nor permit their use by an unauthorized person, either on or off duty. Employees may be allowed to use vehicles to and from work by permission of the city manager, on a case-by-case basis.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-203.10. Uniforms, dress and appearance.
Latest version.

(a) Employees supplied uniforms by the city, are expected to wear uniforms in the performance of their job and shall report in a clean full uniform on each day worked. Failure to report in a clean uniform may result in the employee being sent home for the day without pay. Repetition of such conduct shall subject the employee to discipline.

(b) Employees are expected to report to work in appropriate, well maintained and clean clothes. Shorts are not allowed unless part of a city uniform or specifically allowed by a department head after approval by the city manager.

(c) Employees are expected to observe normal and reasonable standards of personal hygiene. Failure to do so may result in the employee being sent home to correct the situation or for the day without pay. Repetition of such conduct shall subject the employee to discipline.

(d) Beards and mustaches will be allowed, except as otherwise prohibited by law or where in the opinion of the department head they interfere or tend to interfere with the safe and efficient performance of the job. All hair, beards and mustaches must be of a length so as not to create operational or possible safety problems and must be maintained in a clean, neat and orderly fashion.

(e) Uniforms and equipment supplied by the city will be replaced by the city when they become unusable through normal wear and tear.

(f) The employee is responsible to reimburse the city for uniforms and equipment lost or damaged through the employee's negligence.

(g) Procedure for issuance of uniforms and safety items provided for the employee by the city shall be governed by departmental operating procedures.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-203.11. General prohibitions.
Latest version.

(a) Employees are expected to be aware that they are public service employees and to conduct themselves in a manner which will in no way discredit the city, public officials, fellow employees or themselves.

(b) Employees shall avoid conduct or speech that is inconsistent with good order and discipline. They shall treat each other with the utmost courtesy and respect, and at all times refrain from making any derogatory remarks concerning each other. They shall direct and coordinate their efforts toward establishing and maintaining the highest level of efficiency, morale and achievement, and shall conduct themselves in such a manner as to bring about harmony among the various units of the city.

(c) No employee whose duties involve the use of a badge, card or clothing insignia as evidence of authority or for identification shall permit such badges, cards or insignia to be used or worn by anyone who is not authorized to use or wear them. Such badges, cards and insignia shall be used only in the performance of the official duties of the position to which they are related.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-203.12. Bulletin boards.
Latest version.

There shall be an official city bulletin board in each department. Announcements of special events, changes in policies, transfer/promotional opportunities and other items relating to official city business will be posted there. No other information is to be posted on such bulletin boards.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-203.13. Loyalty oath.
Latest version.

To the extent allowed by law, applicants and employees may be required to sign a loyalty oath as a condition of employment or continued employment.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-204.01. Basis of employment.
Latest version.

Employees are employed by the city as either regular full-time, regular part-time, probationary or temporary employees.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-204.02. Participation in benefits.
Latest version.

Regular full-time employees shall receive full fringe benefits. Other classifications of employees do not receive any fringe benefit other than their wage, unless required by law or otherwise specifically provided in the PAP.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-204.03. Term of employment.*
Latest version.

(a) Regular full-time and regular part-time employees are employed at the will and pleasure of the city and shall be entitled to have their grievances resolved under sections 2-212 and 2-213 of the PAP.

(b) All other employees serve at the will and pleasure of the city manager and may be disciplined or dismissed for any reason or no reason, subject only to applicable law. Such employees shall not have access to the grievance procedure set forth in these PAP or any applicable collective bargaining agreement. All decisions concerning their retention, wages, hours, and working conditions shall be made by the city manager, or his designee.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-204.04. New hires/probation.
Latest version.

(a) A new employee may be hired as full-time, part-time or temporary as recommended by the department head and approved by the city manager.

(b) New employee compensation will start at the beginning of the pay grade unless otherwise approved by the city manager.

(c) Full-time and part-time employees shall be classified as regular full-time or regular part-time employees after successful completion of their employment for six (6) continuous calendar months. The requirement for completion of six (6) months may be reduced to completion of less than six (6) months when it is determined by the city manager that the employee has demonstrated exceptional performance documented by the completion of a performance evaluation.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2007-13, § 1, 5-15-07)

§ 2-205.01. Vacancies.
Latest version.

All persons inquiring about employment should be directed to the HR department where they will be required to complete the standard application form. Assistance will be provided for those persons who cannot read or write or who have a language problem.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-205.02. Basis for selection.
Latest version.

Employment with the city shall be based on skills, experience, training, education, ability, physical and mental ability to do the available work and other factors that are related to the performance of the job in question.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-205.03. Testing.
Latest version.

At its option, the city may use valid written or oral examination and performance tests to assist it in the selection process.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-205.04. Drug testing.
Latest version.

The city may require submission to and successful passing of testing for the use of illegal controlled substances as a condition for consideration for employment with the city.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-205.05. Disability and medical examinations.
Latest version.

(a) At the option of the city, applicants may be required to take a medical examination after they have been offered employment.

(b) If, with the prior approval of the human resources director, an applicant is placed on the payroll prior to having completed a required medical examination, he shall be advised at the time he is placed on the payroll that his employment will be conditioned upon taking a medical examination.

(c) Employees may be required to take a medical and/or psychological examination at any time by the city for reasons connected with their job (e.g., an accident on the job).

(d) Applicants and employees who are directed to take a medical examination under paragraphs (a), (b) or (c) above and who refuse to do so will be automatically terminated.

(e) Applicants and employees who take a medical examination pursuant to paragraphs (a), (b) or (c) above shall not be employed, or, if previously employed, shall be terminated immediately if the results of the medical examination show that they are either mentally or physically unable to perform the essential functions of the job; however, if they have a legally recognized disability, they will be terminated only if they cannot be reasonably accommodated to perform the essential job functions of the job without undue hardship to the city and such action shall be subject to applicable federal, state and local laws dealing with handicap status.

(f) All medical examinations required to be taken under paragraphs (a) and (b) above shall include testing to determine the presence or absence of illegal controlled substances in their body. Drug testing under paragraph (c) above will be conducted under the drug and alcohol policy of the city.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-205.06. Job opportunities for non-employees.
Latest version.

(a) All advertisements and notices shall contain the title of the position, the essential functions of the job, the minimum qualifications for the job, and the date beyond which applications will no longer be received, contain the phrase "The City of Lake Wales is an Equal Opportunity Employer," and shall state that all applications or inquiries shall be directed to the human resource director's office.

(b) All applications for employment shall be on a form provided by HR.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-206.01. Types of separations.*
Latest version.

Separations and/or terminations from positions in the city service are designated as one (1) of the following types. Change of status forms shall show the reason for the separation, and the last day and hour worked. The effective date of the separation shall be the last day on which the employee is present for duty.

(1) Resignation.

(2) Retirement.

(3) Disability.

(4) Death.

(5) Reduction in force (layoff).

(6) Dismissal or discharge.

(7) End of assignment.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-206.02. Resignation.*
Latest version.

(a) An employee wishing to leave the city in good standing shall file with his supervisor a written resignation, stating the date and reasons for his resignation. Such notice must be given at least two (2) weeks prior to the date of separation. Employees who give such notice may be considered for reemployment.

(b) In certain situations where in the sole discretion of the city manager it is determined to be in the best interest of the city, an employee may receive wages in lieu of notice.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2007-08, § 1, 4-4-07)

§ 2-206.03. Retirement.
Latest version.

Retirement from city employment occurs when an employee retires under the terms and conditions set forth in the city pension plans.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-206.04. Death.*
Latest version.

All compensation and benefits due a deceased employee, if any, shall be paid to the employee's legal representative as determined by law.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-206.05. Reduction in force (layoff).
Latest version.

Reductions in force shall be in accordance with section 2-209.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-206.06. Dismissal or discharge.*
Latest version.

Employees are subject to dismissal from city employment pursuant to sections 2-204 and 2-211.

(a) In certain situations where in the sole discretion of the city manager it is determined to be in the best interest of the city, employees may receive pay-out of accrued but un-used sick and vacation leave. Employees may be required to sign a settlement agreement and release in order to receive pay-out of sick leave or vacation hours.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2007-08, § 1, 4-4-07)

§ 2-206.07. Return of property and financial obligations.*
Latest version.

(a) At the time of separation from employment, the employee shall return all records, books, assets, uniforms, keys, tools and other items of city property to his department. Failure to return same in usable condition shall result in the maximum deduction allowed by law from the employee's final paycheck. Any balance due over and above the amount deducted from the employee's paycheck may be collected by the city through appropriate legal action.

(b) All outstanding voluntary debts to the city incurred by the employee, such as the cost of non-compensatory training, shortages or advance of leave and other standing debts due to the city will be deducted from the employee's final paycheck.

(c) All deductions under paragraphs (a) and (b) above shall be subject to the applicable state and federal law.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-206.08. Exit interviews.
Latest version.

Where possible, each employee who resigns or is terminated from the city will be interviewed by a representative in the HR and must complete an exit interview form. The completed exit interview form and interview information is to remain in the human resources department.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-207.01. Temporary transfers/work out of classification.
Latest version.

(a) Non-exempt employees who are assigned all the responsibilities of a higher classified job will be paid in accordance with section 2-239(d).

(b) Except as provided in paragraph (c) below, a non-exempt employee who temporarily works in the same or a lower paid job classification or pay grade, shall receive the rate of pay for his regular job classification.

(c) If the temporary assignment is requested by the employee or is due to the employee's inability to perform his normal job because of illness, injury or other reasons, his salary shall be adjusted, if needed, to ensure that he does not make more than the maximum rate for the lower position.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-207.02. Permanent transfers and reclassification.
Latest version.

(a) Subject to the approval of the city manager, an employee may be permanently transferred from one (1) job classification or department to another job classification or department.

(1) At the employee's request if, in the opinion of the department head it is in the city's best interest.

(2) By the department head for operational or efficiency reasons.

(3) By the department head for disciplinary reasons under section 2-211.

In all cases involving more than one (1) department, both department heads must agree to the transfer, unless in a particular case, the city manager decides otherwise.

(b) Any job may be reclassified upon the approval of the city manager based on a modification of the responsibilities, duties and qualifications to perform the job and/or a re-evaluation of the responsibilities, duties and qualifications of an existing job.

(c) In the case of a permanent transfer or reclassification, pay adjustments shall be determined based on section 2-238(d).

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-207.03. Anniversary date.
Latest version.

A permanent transfer or a reclassification will not change the employee's anniversary date.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-208.01. Posting vacant positions.
Latest version.

Except when determined operationally inefficient by the city manager, all full-time, non-managerial vacancies within the city will be posted on bulletin boards for five (5) working days.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-208.02. Application.
Latest version.

Employees who wish to be considered for a vacancy must apply by completing a promotional request form and turning it into HR during the posting period. While selection is being made, the department head may utilize any employee or other person he wishes to perform the work.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-208.03. Pool of qualified applicants.
Latest version.

The human resources director and, when appropriate, in coordination with the department head, will determine which of the employees, if any, who apply for the job meet the minimum qualifications for the job.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-208.04. Interviews.
Latest version.

Those applicants determined to meet the minimum qualifications for the job will be interviewed.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-208.05. No sufficiently qualified applicants.
Latest version.

If after completing the interview and evaluation process, the human resources director and department head determine that none of the applicants who meet the minimum qualifications for the job are sufficiently qualified for the job, the city manager, or his designee, may fill the position in any manner he wishes.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-208.06. Basis of selection among employees.
Latest version.

In determining whom to promote from among qualified applicants, if any, the following shall be considered:

(1) Qualifications and ability to perform the job.

(2) The employee's past work related experience with the city and elsewhere.

(3) The employee's past performance record with the city.

(4) City seniority.

When factors (1), (2) and (3) are equal in the opinion of the department head, the promotion shall be awarded to the employee with the most city classification seniority.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-208.07. Wage rate for promoted employees.
Latest version.

The wage rate of promoted employees shall be determined in accordance with section 2-238(b).

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-208.08. Probation upon promotion.
Latest version.

(a) A promoted employee will serve a minimum six (6) month probationary period or a maximum one (1) year as designated by the department head. If the promoted employee does not successfully complete the probationary period, the employee may be returned to the position from which he was promoted with the approval of the department head only if a vacancy exists. If the former position is filled, reasonable effort will be made to place the employee in a comparable position. However, if a vacancy does not exist and if it is impractical to create a new position, the employee will be released.

(b) Upon approval of the city manager, a portion of the promotion probation period may be waived if the employee's performance is satisfactory.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-208.09. Demotion.
Latest version.

An employee may be demoted to a classification or lower pay grade for which the employee is qualified for any of the following reasons:

(1) When an employee would otherwise be laid off because the position is being abolished.

(2) When an employee does not possess the necessary qualifications to render satisfactory service in the position.

(3) If an employee voluntarily requests such demotion, the employee will be given consideration if a vacancy exists.

(4) A demoted employee's pay schedule shall be set in accordance with section 2-239(b).

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-209.01. Seniority, layoff and recall accrual.
Latest version.

For the purposes of this section 2-208.6 and section 2-209, city, departmental and job classification seniority shall continue to accrue during all types of leave of absence approved by the city.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-209.02. Loss of seniority.
Latest version.

An employee shall lose all seniority and be terminated from employment as the result of any one (1) of the following:

(1) Discharge.

(2) Retirement.

(3) Voluntary resignation.

(4) Layoff exceeding six (6) months.

(5) Failure to report to the department head the intention to return to work within three (3) calendar days of receipt of a recall notice.

(6) Failure to report from military leave within the time limits prescribed by law or any other leave unless an extension has been approved in advance by management.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-209.03. Reduction in force.
Latest version.

The city manager may lay off employees when it is deemed necessary by reason of shortage of funds or work, the elimination of positions, changes in duties or organization, or any other operational reason.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-209.04. Lay off selection.
Latest version.

(a) In the event the city manager decides to lay off employees within a department, the city manager, or his designee, will first lay off those employees employed on a temporary, probationary and part-time basis. If further layoffs are necessary, selection among regular full-time employees shall be based upon the department head's assessment of their:

(1) Ability to perform all of the work available.

(2) Special skills essential to the performance of the available work.

(3) Job performance as reflected by the job evaluations for the past three (3) years or the most recent evaluations available.

(4) Departmental seniority.

(b) When, in the opinion of the department head, factors (1), (2) and (3) are equal among employees, factor (4) shall be determinative.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-209.05. Reassignment of duties.
Latest version.

The duties performed by any employee laid off may be reassigned to other employees already working who hold positions in appropriate job classifications or the work may be otherwise performed in a manner deemed in the best interest of operational efficiency.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-209.06. Permanent layoffs.
Latest version.

In some cases, the city may utilize a layoff under circumstances where there is no reasonable expectancy to return to work. Such layoffs will be designated permanent and the employees will be terminated and immediately lose all seniority.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-209.07. Recall.
Latest version.

(a) Regular full-time and regular part-time employees laid off shall be given consideration along with other qualified applicants for openings in their classification or in other classifications which, in the opinion of the city manager, or his designee, the employee is qualified to perform for up to six (6) months.

(b) Except for employees laid off pursuant to section 2-209.06 above, regular full-time employees who are recalled by the city within twelve (12) months shall have their city departmental and job classification seniority restored. However, they will not be given credit for the period of the layoff nor shall they receive wages or benefits during the period of the layoff.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-209.08. Decisions final.
Latest version.

Decisions made pursuant to this section shall be final and shall not be subject to sections 2-212 or 2-213.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-210.01. Attendance and tardiness.
Latest version.

All employees are expected to report for duty at the scheduled time and remain there until the scheduled leaving time. Each department head shall be responsible for the on-time attendance of all persons within his department.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-210.02. Call-in.
Latest version.

Employees are required to call in before they are scheduled to report to work when they are going to be absent or late. Failure to call in before the employee's shift begins will subject the employee to discipline, unless the department head is satisfied that the failure to call in was for a reason beyond the employee's control.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-210.03. Verification.
Latest version.

The department head may require an employee to establish to his satisfaction that an absence or tardiness was for a legitimate reason. Such proof, in the case of sickness or injury, may include the presentation of a medical doctor's excuse from a doctor acceptable to the city.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-210.04. Continuing absence.
Latest version.

In the case of a continuing absence, the employee must call in each day unless otherwise instructed by his department head or supervisor.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-210.05. Person to call.
Latest version.

Call-ins are to be directed to the employee's immediate supervisor; however, in the event the immediate supervisor is not available, the employee must speak with the administrative assistant of the department head.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-211.01. Disciplinary action—General statement.
Latest version.

(a) It is the hope of the city that effective supervision and employee relations will avoid most difficulties which otherwise might necessitate employee discipline. However, disciplinary action is necessary in some instances as a tool to correct and eliminate unacceptable conduct or performance and in these situations to end the employment relationship.

(b) The city recognizes the fact that each situation differs in many respects from others that may be similar in some ways. Thus, the city retains the right to treat each incident on an individual basis without creating a precedent for other cases which may arise in the future as to a particular employee or groups of employees and to determine the appropriate discipline in every matter on a case-by-case basis.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-211.02. Forms of discipline.
Latest version.

(a) The city recognizes the following types of discipline:

(1) Documented verbal warnings.

(2) Written reprimands.

(3) Suspension without pay.

(4) Demotion.

(5) Combination of the above.

(6) Termination of employment.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-211.03. Temporary suspension.
Latest version.

The department head, with approval of the city manager, or his designee, may suspend the employee, with or without pay, pending an investigation and a final decision on the disciplinary action, if any, that will be taken.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-211.04. Basis for disciplinary action.
Latest version.

(a) Continued employment with the city and in any position with the city is at the will and pleasure of the employee and the city and may be terminated by either without cause.

(b) Employees should also understand they may be disciplined, up to and including termination, for violation of any of the offenses listed in section 2-211.07 below; for violating departmental rules; for any action or failure to act which in the opinion of the city manager, or his designee, adversely affects the ability of the employee and/or fellow employees to perform their responsibilities and/or adversely affects the efficient operation of the city government; or, for any other or no reason except one (1) made illegal by applicable law.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-211.05. Notice of disciplinary action.
Latest version.

(a) Employees who are disciplined by documented verbal warning will have the reasons for said warning explained by their supervisor.

(b) In all cases of written reprimand, suspension without pay, demotion, any combination of same, or termination, the employee will be notified in writing of the action taken and a copy of such notice shall be retained in the employee's official personnel file.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-211.06. Coordination with human resources.
Latest version.

The department head shall notify the human resources director of any documented verbal warnings. The department head shall obtain approval for all other proposed disciplinary actions from the HR director prior to taking action.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-211.07. Types of offenses.
Latest version.

(a) There are two (2) groups of sample offenses for which employees may be disciplined up to and including termination, and the guidelines for recommended penalties for those examples of unacceptable conduct are set forth below; however, the principles concerning application of discipline to these sample offenses as set forth in sections 2-211.01 and 22-211.04 above shall apply. Nothing herein shall be construed to require the city to have just cause for any form of disciplinary action, including termination, or to limit disciplinary action to the sample offenses enumerated below.

(b) This paragraph provides recommended but not mandatory penalties to apply to the specific example offenses listed here; however, the penalty utilized shall be discretionary with management in all matters of discipline and nothing herein shall require that a particular form of discipline be utilized in any case prior to the utilization of another form of discipline; provided, however, in the event a department head wishes to deviate from the recommended penalty, he shall first obtain approval from the human resources director and the city manager, or his designee.

Group I Offenses

First offense—Documented verbal warning.

Second offense—Written reprimand.

Third offense—Up to ten (10) days suspension without pay.

Fourth offense—Up to termination.

(1) Quitting work, wasting time, loitering or leaving assigned work area during working hours without permission.

(2) Taking more than allowable times for meal or rest periods.

(3) Unacceptable productivity or competency.

(4) Sleeping on the job unless authorized to do so.

(5) Reporting to work or working while unfit for duty, either mentally or physically, unless the condition is a legally recognized disability in which case the matter will be dealt with in accordance with applicable law.

(6) Violating a safety rule or practice.

(7) Engaging in horseplay, scuffling, wrestling, throwing things, malicious mischief, and distracting the work of others, catcalls, or other disorderly conduct.

(8) Failure to report the loss of city equipment or other city property entrusted in the employee's custody.

(9) Failure to keep the city and department notified of the employee's current proper address and telephone number, if required to do so.

(10) Gambling, lottery or engaging in any other game of chance while on duty on city property, or in any fashion that brings disrepute upon the city.

(11) Violation of published city or departmental policies, rules, standards, orders, operating procedures or regulations not specifically included in Group 2.

(12) Failure to report illegal activity involving city business.

(13) Solicitation of money or anything of value on city property, in a city vehicle, or while wearing a city uniform.

(14) Engaging in any private activity, other than being at home at rest, in the hospital, visiting a doctor, or engaging in other medically related required activities, after reporting being off sick.

(15) Unexcused tardiness or absence.

(16) Untidy appearance or failure to wear the proper uniform.

(17) Failure to possess and maintain a current and valid Florida motor vehicle operator's license, if driving a vehicle is required by the city as an essential part of the employee's job.

(18) Use of city issued equipment or uniforms when not on duty without permission of the department head, or his designee.

(19) Operating, using, or possessing tools, equipment or machines to which the employee has not been assigned.

(20) Failure to report an accident or personal injury in which the employee was involved while on the job or in a city vehicle.

(21) Creating or contributing to unsafe and unsanitary conditions or poor housekeeping.

(22) Posting or removal of materials from the city's official bulletin boards.

(23) Failure to report a request for information or receipt of a subpoena from a law firm or an attorney for a matter relating to city business.

(24) Knowingly harboring a serious communicable disease which may endanger other employees without advising the city.

Group II Offenses

First offense— Up to termination.

(1) Conviction of a felony.

(2) Abuse of leave privileges.

(3) Use of official position for personal advantage.

(4) Deliberately or negligently misusing, destroying, losing or damaging any city property or property of an employee.

(5) Falsification of personnel, city, or departmental records, including employment applications, accident records, work records, purchase orders, time sheets, or any other report, record, or document.

(6) Making false claims or intentional misrepresentation in an attempt to obtain sickness or accident benefits, workers' compensation, or any other benefit.

(7) Insubordination or the refusal to perform work assigned, or to comply with written or verbal instructions of a supervisor.

(8) Use, possession, or display of explosives, or weapons on or in city property, unless specifically permitted by law or by the city.

(9) Removal of city property or any other employee's property from city locations without proper authorization; theft of city property or any employee's property.

(10) Failure to return at the end of an authorized leave of absence.

(11) Concerted curtailment, restriction of production, or interference with work in or about the city's work stations including, but not limited to, instigating, leading, or participating in any walkout, strike, sit down, stand-in, slowdown, or refusal to return to work at the scheduled time for the scheduled shift.

(12) Absent without permission or leave (AWOL).

(13) Acceptance of a gift, service, or anything of value in the performance of duty or under any other circumstances where the employee knew or should have known it was given with an expectancy of obtaining a service or favored treatment.

(14) Possession, use, sale, attempt to sell, or procure illegal controlled substances at any time whether on or off city property or whether on or off duty; and possession, use, sale or attempt to sell or procure alcoholic beverages while on duty, on city property, or while operating or riding in or on city equipment.

(15) Refusal to fully and truthfully cooperate in an investigation conducted by or at the direction of the city.

(16) On or off the job conduct which adversely affects the ability of the employee to perform his duties and/or adversely affects the efficient operation of the city government or any department, division, or area of city government.

(17) Discourteous, insulting, abusive, or inflammatory language or conduct toward the public or co-workers.

(18) Improper racial or sexual comments, harassment or acts directed to any city employee or the general public.

(19) Threatening, intimidating, coercing, or interfering with fellow employees or supervision at any time.

(20) Provoking or instigating a fight, fighting while on duty, except in self-defense.

(21) Unauthorized personal use of the tax exempt number for any reason.

(22) Accepting a bribe or gratuity, committing an illegal act or accepting a gratuity for performing the normal duties as a city employee.

(23) Failure to report in writing an offer of a bribe or gratuity to permit an illegal act.

(24) Communicating or imparting confidential information either in writing or verbally to any unauthorized person.

(25) Removal of city property or any employee's property from city locations without proper authorization; theft of city property or any employee's property.

(26) Incompetence, inefficiency, or negligence in the performance of duty.

(c) The above list does not include all of the reasons for which an employee may be subject to disciplinary action, but as stated earlier, is intended to provide examples of inappropriate conduct.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2008-22, § 1, 7-15-08; Ord. No. 2011-20, § 6, 9-20-11)

§ 2-211.08. Suspension pending resolution of criminal charges.
Latest version.

(a) In the event an employee is charged with any crime, the employee may be suspended with or without pay.

(b) At any time, the city manager, or his designee, shall have the option of taking disciplinary action based on his own investigation without regard to the existence, status or final disposition of the criminal charges.

(c) The city manager may elect to wait until the criminal proceeding, or a particular phase thereof, is concluded before considering disciplinary action. In such a case, the city manager will take the resolution of the criminal proceeding, or phase thereof, under consideration but shall not be bound thereby and shall make his own determination as to the facts and the appropriate disciplinary action, if any.

(d) Under paragraphs (b) and (c) above, the city manager will not consider anything less than a finding by a judge or a jury, whichever is applicable, of not guilty as relevant to the issue of whether the employee engaged in the conduct in question.

(e) If an employee charged with a crime is found not guilty by a judge or jury, and the city manager determines no disciplinary action is warranted, the employee will be reinstated with back pay less amounts earned, unemployment compensation and periods of time the employee was unavailable to work or did not make every reasonable effort to find work.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-212.01. Grievance policy disciplinary matters.
Latest version.

The grievance procedure is established to provide opportunity to regular full-time and regular part-time employees who have successfully completed their initial probationary period to appeal disciplinary actions more serious than a written reprimand under section 2-211. The submission of an appeal by an employee in good faith shall in no way adversely affect the employee or his employment with the city.

Step 1—Department Head

(1) The employee may appeal the discipline in writing by filing his appeal with the department head, his administrative assistant, or the HR within five (5) working days from receipt of notice of disciplinary action.

(2) The appeal shall be in writing, and shall include:

a. The date the grievance arose.

b. The policy, rule, and/or procedure claimed to have been violated.

c. A statement of the facts as seen by the employee.

d. The relief requested.

(3) The department head shall meet with the employee within five (5) working days after receipt of the grievance. The department head shall give the employee an opportunity to explain his position, and listen to any witnesses the employee brings to the meeting. The department head may require other employee witnesses to be present or may conduct further investigation into the matter on his own. The department head shall give a written answer to the employee within five (5) working days after the investigation is completed.

Step 2—Appeal From Department Head Decision

(1) Appeals from the department head decision over suspension without pay and demotion, shall be made directly to the city manager in writing within five (5) working days of the decision of the department head in Step 1.

(2) Appeals from the department head decision over a termination may be made to either the hearing board in Step 3 or directly to the city manager as outlined in Step 4. The appeal shall be in writing to HR within five (5) working days of the decision of the department head in Step 2.

Step 3—Hearing Board Terminations

When a termination is appealed in a timely fashion to the hearing board, the board shall meet with the employee and the department head, give them an opportunity to explain their respective positions, listen to any witnesses they wish to present, call any witnesses the board feels will be helpful in making its recommendation, review all documents submitted, and make a recommendation to the city manager.

Step 4—City Manager

(1) In the case of an appeal to the hearing board, the recommendation of the hearing board and all documents it considered will be forwarded to the city manager for his review. In such cases as well as a direct appeal to the city manager of termination, suspension without pay or demotion, the city manager will:

a. Give both the employee and the department head an opportunity to explain their positions;

b. Consider the information before him;

c. Further investigate the matter if he feels it is necessary; and

d. Make the final decision for the city.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-212.02. Make up of the hearing board.
Latest version.

The hearing board shall be made up of one (1) employee selected by the grieving employee, one (1) employee by the department head and one (1) employee selected by the other two (2) selectees. Employees selected will not be employed in the same department as the employee submitting the appeal. If the two (2) selectees cannot agree on the third board member, the third member shall be appointed by the HR director. Only employees with five (5) or more years of continuous service with the city and whose last two (2) annual employee performance review's overall ratings were "above average" or above shall be eligible to be selected to serve on a hearing board.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-212.03. General provisions.
Latest version.

(a) Attorneys will not be allowed to participate in the meetings without permission of the city manager unless in a particular case the law requires it. However, an employee may be represented by a fellow employee or other representative if he wishes.

(b) The time limits of this grievance procedure may be extended for reasons considered appropriate by the human resources director. Failure of an employee to file a grievance or an appeal in a timely fashion will constitute an automatic abandonment of the grievance unless he has obtained an extension in advance.

(c) Grievance forms are available from the departmental administrative assistant or from HR, HR is available to assist employees in completing the written grievance forms and in processing the grievance through the various steps of the procedure.

(d) In the event the department head does not respond in writing within the time provided in section 2-212.01, Step 1(3) above, the response will be automatically deemed a denial of the grievance on the sixth day and the time for appealing to Step 2 shall begin.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-212.04. Police officers.
Latest version.

Employees in the police department covered by the Florida Policeman's Bill of Rights shall have the option of appealing suspensions without pay and demotions under this section of the PAP or the police department SOP (standard operating procedures), but not both.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-213.01. Grievance procedure non-disciplinary matters.
Latest version.

It is the purpose of this grievance procedure to assure regular full and regular part-time employees that their non-disciplinary problems and complaints will be considered fairly, expeditiously and without reprisal. It is expected that the procedures set forth below will encourage employees to discuss with their supervisors matters pertaining to conditions of employment as they affect individual employees. In addition, free discussion between employees and supervisors will lead to better understanding of practices, policies, and procedures, which affect employees. This will serve to identify and eliminate conditions which may cause misunderstandings and grievances.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-213.02. Definition.
Latest version.

A grievance is a complaint about the misapplication or misinterpretation of the PAP, City Code article III, or applicable departmental rules and regulations. Disciplinary matters shall not be considered under this Section but only under section 2-212.

§ 2-213.03. Procedure.
Latest version.

Step one. An employee shall present his grievance to his immediate supervisor within five (5) working days from the time of occurrence of the problem. The supervisor shall attempt to resolve the problem within five (5) working days after the complaint is made to him.

Step two. If the employee has not received an answer from the immediate supervisor within five (5) working days, or if the employee feels the answer received is not satisfactory, he will reduce to writing the facts and circumstances of the problem and present the written statement to his department head within five (5) working days after the supervisor's deadline in step one. The department head will investigate the grievance and meet with the employee to discuss the grievance within five (5) working days. The department head will notify the employee of his decision within five (5) days following the meeting date.

Step three. If the employee has not received an answer from the department head within five (5) working days, or if the employee feels the answer received is not satisfactory, he may appeal in writing to the city manager within five (5) working days after the supervisor's deadline in step two. The city manager, or his designee, will investigate the grievance and meet with the employee to discuss the grievance within five (5) working days. The city manager, or his designee, will notify the employee of his decision within five (5) days following the meeting date. The decision will be final and binding.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-213.04. Employee assistance.
Latest version.

Assistance will be provided by the human resources director if requested, including those employees who cannot read or write or have a language problem.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-213.05. Other matters of concern.
Latest version.

The city has and is proud of its open-door policy and all employees are encouraged to discuss matters of concern with members of management, including the city manager at any time, without having to file a formal grievance.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-214.01. Hours of work.*
Latest version.

(a) The city shall establish the hours of work in accordance with the operational needs of the city.

(b) The department heads shall schedule the work as necessary to provide full service, but should attempt to avoid overtime work except where operationally necessary.

(c) Unless otherwise provided by a CBA, employees shall be scheduled for an unpaid lunch break of not less than one-half (½) hour but not more than one (1) hour and a paid break before and after lunch, not to exceed fifteen (15) minutes each.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-214.02. Regular work week or period.*
Latest version.

Except for employees on a section 207(k) schedule in the fire or police department or as otherwise provided by a CBA:

(1) The regular workweek for regular full-time employees shall be forty (40) hours in a seven (7) day period. The city manager may establish the basic work schedule and hours of work best suited to meet the needs of the departments and the city to provide proper service to the community. Nothing in these rules shall be construed as a guarantee or limitation of the number of hours to be worked per week.

(2) The basic work schedule shall be from Monday through Friday of each week unless specified or scheduled by the city manager to meet the particular requirements of the city or individual departments. When the city manager deems it necessary, work schedules may be established other than the basic Monday through Friday schedule.

(3) Lunch and break periods are scheduled at the discretion of the department heads or designee.

a. Breaks are a privilege, not a fringe benefit, and must be arranged so as not to interfere with city business.

b. Employees may be allowed one (1) work break during the first half of their work shift and one (1) break during the second half, provided:

1. Breaks will be taken on the job site unless the supervisor has approved departure from the job site.

2. A break shall not exceed fifteen (15) minutes in duration.

3. Unused work breaks shall not be accumulated.

4. Break time will not be authorized to cover an employee's late arrival or early departure from work.

c. All employees shall ensure there is no disruption in service to the public during absence from the work areas for break purposes.

d. If the work load of the department is such that an employee break will impair service to the public, the department head or supervisor may deny a work break or reduce the time allowed for a work break.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-214.03. Assignment and working overtime.*
Latest version.

(a) Overtime will be authorized or directed only when it is in the interest of the city and is the most practical and economical way of meeting workloads or deadlines. Employees are to work only overtime as authorized but must report all hours worked to ensure compliance with the FLSA regardless of whether the work is authorized or not.

(b) Employees are required to work overtime when assigned unless excused by their supervisor. An employee desiring to be excused from overtime work assignments shall submit a request to his immediate supervisor who shall rule on the request.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-215.01. Holidays observed.
Latest version.

(a) The city recognizes the ten (10) holidays as enumerated below. The days such holidays shall be celebrated may be changed by the city manager for operational reasons. Notice of a change will be given as far in advance as practical.

Holiday Normal Day Celebrated
(1) New Year's Day January 1
(2) Martin Luther King Day 3rd Monday in January
(3) Memorial Day Last Monday in May
(4) Fourth of July July 4
(5) Labor Day 1st Monday in September
(6) Thanksgiving Day 4th Thursday in November
(7) Day after Thanksgiving 4th Friday in November
(8) Christmas Day December 25
(9), (10) Optional holidays

 

(b) When a holiday falls on a Saturday, the preceding Friday shall be observed as the official holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the official holiday.

(c) The city manager may determine that any department or operation will be open for business on a holiday.

(d) The actual calendar date of the holiday will be the designated paid holiday for all employees who work scheduled shifts. Because departments work various shifts, it has been left to the discretion of the department head to designate a single twenty-four (24) hour period which will comprise the holiday for employees on scheduled shifts (12:01 [p.m.] to midnight; 6:01 a.m. to 6:00 a.m.; 7:01 a.m. to 7:00 a.m.; etc.).

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-215.02. Eligibility for holiday pay.
Latest version.

To be eligible for holiday premium pay, the employee must work his scheduled workday or shift immediately preceding and after the holiday unless the absence is approved or excused by the department head.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-215.03. Holiday pay.
Latest version.

(a) Non-exempt regular full-time employees who meet the eligibility requirements shall be paid holiday pay at eight (8) hours times their straight time hourly rate. Regular part-time employees who meet the eligibility requirements shall be paid holiday pay based on the number of hours in their normal weekly schedule at their straight time hourly rate.

(b) If, in the opinion of the department head, it becomes necessary for an employee to work on a designated holiday, the employee shall be paid holiday premium pay for up to eight (8) hours worked at time and one-half (1½ × hourly rate) in addition to holiday pay. In the case of employees who work scheduled shifts, holiday premium pay will be paid for hours worked on the holiday up to the number of hours worked in a normal shift. Only those hours worked within the designated twenty-four (24) hour period will be paid at the holiday premium rate. Comp time may be substituted for holiday premium pay.

(c) Holidays must be taken as they occur. Accumulation of holidays shall not be allowed. Employees will not be paid for holidays unused at time of termination.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-215.04. Absence due to sickness.
Latest version.

An employee scheduled to work a holiday who fails to work because of sickness or injury shall not receive holiday pay unless (1) he notifies his department head at least one (1) hour before he is scheduled to report for work and (2) upon request, he presents evidence satisfactory to the department head, which may be a medical doctor's excuse, that his absence was due to a bona fide, unforeseen serious illness or injury. The department head may excuse the first requirement if he is convinced that failure to notify as required was for a reason clearly beyond the employee's control.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-215.05. Holiday on a leave day.
Latest version.

(a) When a holiday falls within an employee's scheduled vacation and the employee meets the eligibility requirements for holiday pay, the city shall give the employee an extra day off with pay on a mutually convenient day.

(b) Otherwise, if a holiday falls during an approved leave of absence with or without pay for an employee on active pay status, the employee shall receive holiday pay less any amount received from worker's compensation or other compensation received from the city or under any city or other governmental benefit plan.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-215.06. Optional holiday.
Latest version.

The optional holidays:

(1) Two (2) days become available on the first anniversary date of employment and every anniversary date thereafter.

(2) Are cumulative, however, will not be paid out at termination.

(3) May be used for any reason.

(4) The request to use an optional holiday will comply with requirements in section 2-216.02

(5) In no event will an employee be allowed to take optional holidays in conjunction with termination, i.e. to extend the termination date.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2002-07, § 1, 5-7-02)

§ 2-216.01. Vacation eligibility and rate of earning.
Latest version.

(a) Each regular full-time employee will accrue or be credited vacation leave with pay at the rates set forth below.

Continuous
Employment
Vacation Leave
Category 1: 0 through 9th Year 3.0769 hours per pay period
Category 2: 10th through 19th year 4.6154 hours per pay period
Category 3: After 20 years 6.1537 hours per pay period

 

Deputy Chiefs—Fire

Continuous
Employment
Vacation Leave
Category 1: 0 through 9th Year 4.712 hours per pay period
Category 2: 10th through 19th year 7.068 hours per pay period
Category 3: After 20 years 9.424 hours per pay period

 

(b) Vacation leave credits are accrued by the two (2) week pay period on the basis of the schedule in paragraph (a), calculated from the first day of employment.

(c) Although employees accrue vacation during their first six (6) months of employment, it is not earned and may not be taken until after the probationary period has been completed.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-216.02. Request for leave.
Latest version.

(a) Leave may be taken only after approval by the department head.

(b) Leave may be used only as earned and will not be advanced.

(c) Leave should be requested as far in advance as possible but not less than three (3) working days in advance of the time requested.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2002-07, § 1, 5-7-02)

§ 2-216.03. Payment/carryover.
Latest version.

(a) Employees may carry over up to the following amounts of vacation each year based on the categories set forth in section 2-216.01, above.

Category 1—80 hours

Category 2—120 hours

Category 3—160 hours

Deputy Chiefs—Fire

Category 1—122 hours

Category 2—183 hours

Category 3—245 hours

Vacation accrued but not taken by the employee's anniversary date that exceeds two (2) years accrued vacation leave shall be lost; unless a written request is submitted to the city manager to carry over hours exceeding the maximum.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2002-07, § 1, 5-7-02)

§ 2-216.04. Use.
Latest version.

(a) Vacation time may be taken only in full hour or shift increments.

(b) Subject to subsection (c) below, accrued vacation may be used with prior approval of the department head for the following purposes:

(1) Approved vacation.

(2) Absences for transacting personal business which cannot be conducted during off-duty hours.

(3) Religious holidays other than those designated by the city as official holidays.

(4) For uncompensated approved absences due to medical or dental or optical reasons once paid sick leave has been exhausted.

(5) Any approved uncompensated leave of absence, including leave under the FMLA.

(6) Employees who become sick on vacation leave may use sick leave for such period of illness (full days only) but must present a doctor's certificate and will be given another vacation day or pay at the option of the city.

(c) Vacation pay may be used to supplement workers' compensation approved leave; providing the total week compensation received from all city sources by the employee, including workers' compensation, shall be no more than forty (40) times the employee's straight time hourly rate of pay.

(d) Except at termination, the employee cannot be compensated for vacation time during a period in which the employee was not absent from work in a vacation status for the number of hours compensated with vacation time.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-216.05. Scheduling.
Latest version.

Subject to operational needs:

(1) Scheduling of vacation time shall be approved by the department head.

(2) For that portion of scheduled leave that is vacation, a minimum of one (1) week advance request is required. Emergency requests for vacation leave may be granted unless scheduling or work commitments preclude permitting the leave.

(3) Where two (2) or more employees request the same vacation period, the employee with the most city seniority will be given preference; provided, where a junior employee's vacation time has already been approved it will not be changed without his agreement to accommodate a more senior employee.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-216.06. Vacation pay out.
Latest version.

(a) Employees who have more than six (6) months service with the city and leave in good standing shall be paid accrued but unused vacation pay upon cessation of their employment.

(1) With the exception of the employee hired on July 26, 1968 pay out of accrued and unused vacation leave shall not be granted prior to cessation of employment. This provision shall create no precedent as to any other employee.

(b) In no event will an employee be allowed to take vacation in conjunction with termination, i.e., to extend the termination date.

(c) In the event of an employee's death, his beneficiary shall be paid for accrued vacation.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2002-15, § 1, 8-20-02)

§ 2-217.01. Sick and funeral leave eligibility.
Latest version.

(a) Sick leave, whether paid or unpaid, shall apply to leave for sickness, injury or disability that is not covered by workers' compensation. Sickness, injury or disability for pregnancy, childbirth, or related disabilities shall be treated the same as other sicknesses, injuries or disabilities.

(b) Regular full-time employees are eligible under paragraphs 2-217.02 and 2-217.03 for paid sick leave for absences due to sickness or injury, provided, upon request, they present evidence, including a medical doctor's excuse, if requested, satisfactory to their department head to establish their absence was due to sickness or injury. Sick leave may also be used for funeral leave as provided in 2-217.11 below.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-217.02. Rate of earning.
Latest version.

(a) Regular full-time employees shall earn four (4) hours paid sick leave each fourteen (14) day pay period and at six and one hundred twenty-five one thousandths (6.125) for the deputy chiefs in the fire department which may be used as sick or funeral leave as provided herein.

(b) Sick leave shall not accrue during unpaid leave of absence for any reason of more than thirty (30) days unless required by law.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-217.03. Probationary period.
Latest version.

Sick leave accrual shall begin from the first day of employment but is not earned and cannot be used until successful completion of the employee's initial probationary period.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-217.04. Charging leave.
Latest version.

(a) Sick leave taken shall be recorded, charged and paid in days, shifts or full hours, whichever is applicable.

(b) Paid holidays which occur during a paid sick leave shall not be chargeable to sick leave.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-217.05. Request for sick or funeral leave.
Latest version.

(a) To be eligible to receive pay for sick or funeral leave, the employee shall notify his immediate supervisor or department head as soon as possible but not less than one (1) hour prior to the time set for beginning the employee's shift. This provision may be waived by the department head if the employee submits evidence satisfactory to the department head that it was impossible to give such notification.

(b) Frequent claiming of sick leave, such as using sick leave as it accrues or showing a pattern of taking sick leave on Fridays or Mondays, constitutes evidence of malingering or deliberate abuse of sick leave and as such will result in disciplinary action.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-217.06. Extended unpaid medical leaves.
Latest version.

(a) When paid sick leave and accrued vacation leave are exhausted for absence due to sickness, disability or injury, the employee may be given extended sick leave without pay for up to six (6) months. However, no benefits such as holiday, vacation, funeral leave and paid sick leave will accrue during such unpaid leaves.

(b) The city retains the right to require the employee to submit to another medical examination at the city's expense to verify the employee's inability to work.

(c) The employee shall be required to return to work the work day after the last day of the leave granted, unless prior to that time the employee has obtained permission from the city manager to extend the medical leave or has applied for and been granted additional time off as allowed by these rules.

(d) The employee may continue his group medical coverage during such absence provided the employee pays the full premium by the time each month and in the manner required by HR. For continuation of insurance during FMLA leave, see section 2-219.07

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-217.07. Return from sick leave.
Latest version.

(a) At the option of the city, the employee may be required to supply a medical release from a doctor acceptable to the city to return to work from sick or disability leave whether the leave was with or without pay.

(b) An employee who is released from sick leave and who wishes to return to work shall notify the city. If the leave was less than thirty (30) days beyond pay status, the employee shall be placed in the job he held before the leave and there shall be no adjustment of his anniversary date or city or classification seniority date.

(c) Subject to applicable law FMLA, if the leave was longer than thirty (30) days beyond pay status, the employee will be given his job or a substantially equivalent job that is vacant if he is qualified to perform all the essential requirements of the vacant job. If the absence was due to a legally recognized disability, reasonable accommodation that will not cause undue hardship to the city will be offered. Adjustments of his anniversary date, city, departmental and classification seniority dates shall be as provided for other unpaid leaves under section 2-221.

(d) The department head may make exceptions to the above for operational reasons upon the request of the employee.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-217.08. Use of sick leave.
Latest version.

(a) Paid sick leave may be used provided it is approved for the following purposes:

(1) Sickness, injury or disability off the job.

(2) Medical, dental, optical or chiropractic examination or treatment which cannot be scheduled during non-duty hours.

(3) Serious illness (as defined in section 2-219.02) of a member of the employee's immediate family which requires the personal care or attention of the employee, or the death of a member of the employee's immediate family. Immediate family includes any of the following: Spouse, parent, child, sister, brother, mother/father-in-law, and other relatives who are members of the employee's household.

(4) Up to forty (40) sick leave hours may be used as vacation leave in addition to regularly earned vacation leave on an annual basis if the following criteria are met:

a. The employee has five (5) years of continuous service with the city.

b. The employee maintains a minimum of three hundred sixty (360) hours of credited sick leave accrued.

c. The department head has considered the employee's anniversary date to determine eligibility.

d. The time off has received the prior approval of the department head (see section 2-216.02).

e. Sick leave hours may only be converted to vacation if and to the extent that vacation, optional holiday, safety day and compensatory time accruals are not sufficient to cover non-sick leave time off in the current or next bi-weekly pay period. The sick leave will be converted as vacation leave is used.

f. Sick leave will not be converted to increase the vacation accrual balance.

(5) Funeral leave under section 2-217.12 below.

(6) Leave under FMLA.

(7) To supplement workers' compensation but not more than necessary to cover the employee's regular schedule times his normal hourly rate.

(b) Use of sick leave for any purpose not specified above may be considered misconduct and result in disciplinary action.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2002-07, § 1, 5-7-02)

§ 2-217.09. Accumulation/pay out—Sick leave.
Latest version.

(a) There is no limit on the number of hours of sick leave which an employee may be eligible to accumulate for use for illness or injury.

(b) Accumulated sick leave will be payable upon termination at the rate of one-half (½) the sick leave hours accumulated up to a maximum of one-half (½) of four hundred (400) hours (½ × four hundred (400) hours = two hundred (200) maximum hours payable upon termination). This policy shall apply only to those employees hired after 10/1/85. Sick leave payable upon termination for those employees hired prior to 10/1/85 shall be one-half (½) of the total hours accumulated. Employees who have more than six (6) months of service with the city and leave in good standing shall be paid accrued but unused sick leave pay upon cessation of their employment regardless of which policy applies.

(1) With the exception of the employee hired on July 26, 1968 pay out accrued and unused sick leave shall not be granted prior to cessation of employment except as provided in paragraphs (2) and (3). This provision shall create no precedent as to any other employee.

(2) Upon application to the human resources director, an employee hired prior to 10/1/85 who has entered a deferred retired option plan (DROP) may be paid for up to five hundred (500) hours of accrued and unused sick leave (up to one thousand (1,000) hours × one-half (½)) prior to cessation of employment provided said accrued and unused leave was accrued prior to the employee's entrance into the DROP and provided, in the sole discretion of the city manager, the city's cash position will not be adversely affected by such pay out. An employee shall be eligible for pay out of unused accrued sick leave as specified in this paragraph only once during each year of participation in the DROP until the payable leave balance is fully paid. The city's record of accrued and unused leave shall be adjusted to reflect the pay out of accrued leave (i.e., a pay out for five hundred (500) hours shall result in a reduction of one thousand (1,000) hours from the employee's accrued sick leave balance).

(3) Upon application to the human resources director, an employee hired after 10/1/85 who has entered a deferred retired option plan (DROP) may be paid for up to two hundred (200) hours of accrued and unused sick leave (up to four hundred (400) hours × one-half (½)) prior to cessation of employment provided said accrued and unused leave was accrued prior to the employee's entrance into the DROP and provided, in the sole discretion of the city manager, the city's cash position will not be adversely affected by such payout. An employee shall be eligible for payout of unused accrued sick leave as specified in this paragraph once during each year of participation in the DROP until the maximum payable leave balance is fully paid. The city's record of accrued and unused leave shall be adjusted to reflect the pay out (i.e., a pay out for two hundred (200) hours shall result in a reduction of four hundred (400) hours from the employee's accrued sick leave balance). An employee who has received the maximum allowable pay out while participating in the DROP shall not be eligible for additional pay out upon cessation of employment.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2002-15, § 1, 8-20-02; Ord. No. 2005-49, § 1, 10-18-05)

§ 2-217.10. Light duty.
Latest version.

If an employee is released by his physician for "light duty," return to light duty shall be at the option of the city based on its operational needs. Refusal to accept a light-duty assignment by the city, which the employee is capable of performing in accordance with applicable law will result in termination of employment.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-217.11. Funeral leave.
Latest version.

(a) Approved funeral leave in the event of the death of a member of the employee's immediate family (as defined in section 2-217.08(a)(3)) will be granted as provided below:

(1) Up to three (3) working days and up to five (5) working days for funerals that take place out of the state.

(2) The minimum leave under this section shall be four (4) hours. Approved funeral leave will be charged against the employee's sick leave balance.

(b) The employee may be required to provide the department head with proof of death in the immediate family, as defined, before compensation is approved.

(c) If, in the opinion of the department head, additional days off are necessary to attend the funeral of a member of the immediate family, accrued vacation leave may be used or the employee may be given additional time off without pay.

(d) If the employee wishes to attend the funeral of someone outside his immediate family, the employee may be allowed time off without pay but only if the department head determines the absence will not affect operations. If approved, the employee may charge it against accumulated but unused vacation pay in full one (1) hour increments.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-218.01. Sick leave bank.
Latest version.

(a) A sick leave bank is hereby established for the purpose of providing sick leave with pay for employees of the city during periods of personal or prolonged illness, accident, or injury not otherwise compensated by the city.

(b) The sick leave bank shall function under rules and procedures adopted by the city manager, and administered by a committee comprised of three (3) employees elected by the employees, one (1) department head, appointed by the city manager and the HR director.

(c) Election. An election shall be held not more than thirty (30) and not less than ten (10) days prior to the commencement of the term for which the three (3) elected employees are to be elected. The city clerk's office shall administer the nominating and election procedure for each election in accordance with the procedures and policies provided herein.

(1) No less than thirty (30) days before the expiration of a regular term or immediately upon notice of a vacancy on the committee, the city clerk will notify all employees that an employee representative must be elected to the committee and request nominations. Such notification will be in writing and will include a nomination form and a list of all employees eligible for nomination. Employees eligible for nomination will include all members making contribution into the sick leave bank who have completed their six (6) month probationary period of employment. Nominations will be forwarded to the city clerk before the time and date specified on the nomination form.

(2) If one (1) nominee receives a minimum of fifty-one (51) percent of the nominations, that nominee shall be declared elected and shall take office immediately upon commencement of the term of office for which elected.

(3) If no nominee receives fifty-one (51) percent of all nominations, the city clerk will prepare an election ballot listing the nominees receiving the three (3) largest number of nominations and forward a ballot to all actively employed members. Election ballots shall be returned to the city clerk before the time and date specified on the ballot. The nominee receiving the highest number of votes for office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected.

(4) If two (2) or more nominees tie for the highest number of votes, a runoff ballot shall be prepared and a runoff election shall be conducted as in paragraph (c)(3) herein.

(d) Elected employees. For the first committee constituted under this division, two (2) members shall be elected to an initial term of two (2) years and the other member shall be elected to an initial term of one (1) year.

(e) Appointed representative. The city manager shall appoint one (1) department head to serve a term of one (1) year.

(f) Any alleged abuse or misuse of the sick leave bank shall be investigated by the committee. If the investigation results in a finding of wrongdoing, the employee shall repay all sick leave days drawn from the bank and shall be subject to disciplinary action. Decisions made pursuant to this section shall be subject to appeal under section 213.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-218.02. Initial membership requirements.
Latest version.

(a) All employees who have been employed full-time for at least one (1) year and who have accumulated ten (10) days sick leave are eligible to join the sick leave bank by:

(1) Voluntarily contributing one (1) sick day of their sick leave and,

(2) Enrolling on the proper form.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-218.03. Maintenance of the sick leave bank.
Latest version.

(a) The sick leave bank shall be activated when a minimum of forty-five (45) days have been deposited. No further contribution shall be required of participating members unless the bank is depleted below thirty (30) days. All participating members who remain shall be required to contribute an additional day to the pool each time the bank is depleted below thirty (30) days. Participating members who do not have an additional day accrued at the time of replenishment may contribute the next available sick leave day and remain eligible for membership in the bank.

(b) Before the replenishment of the bank, notice will be given to the employees and participating members may withdraw from the bank upon written notice to the sick leave bank committee. If an employee has withdrawn and requests to be reinstated, the employee may be reinstated upon contributing an equal number of days as those who remained in the bank without withdrawing. An employee may be allowed to withdraw and be reinstated only one (1) time during the course of his employment. Employees who are not members of the bank shall be given an opportunity to become members of the sick leave bank during the month of December each year.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-218.04. Withdrawal procedures.
Latest version.

(a) Participating members are eligible to draw from the sick leave bank who are absent from employment because of his/her own illness or accident (excluding workers' compensation cases) or that of an employee's immediate family member as defined in section 2-217.08(a)(3).

(b) The following criteria must be met when applying to the sick leave bank committee for withdrawal of days from the sick leave bank:

(1) File an application on the proper form accompanied by a physician's statement which shall include the number of days the employee must be absent from work and the nature of the illness or injury.

(2) Exhaustion of all personal sick leave days, vacation days and personal leave days is required before sick leave may be withdrawn from the bank.

(3) The employee must be or have been absent from work for at least five (5) consecutive working days as a consequence of the illness, accident, or disability. Requests for sick leave from the sick leave bank due to the illness, accident or disability of an immediate family member will also be considered by the sick leave bank committee after the employee has been absent from work for at least five (5) consecutive working days.

(4) Application for use of the bank for elective surgery shall not be considered. The sick leave bank committee may require a second opinion from a physician if necessary to determine whether or not surgery is elective and such second opinion will be obtained at the employee's expense.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.01. Family medical leave eligibility.
Latest version.

(a) Employees who have worked for the city for at least twelve (12) months and have worked at least one thousand two hundred fifty (1,250) hours during the preceding twelve (12) months may take up to twelve (12) weeks of unpaid leave in a twelve (12) month period for the following reasons:

(1) The birth of a son/daughter of an employee and to care for the child;

(2) The placement of a son or daughter with an employee for adoption or foster care (entitlement to leave for birth, placement for adoption or foster care of a son or daughter expires twelve (12) months from the date of the birth or placement of a child);

(3) In order to care for the employee's spouse, son, daughter or parent who has a serious health condition;

(4) A serious health condition which renders the employee unable to perform the functions of the employee's position.

(b) Son or daughter means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is: (a) under eighteen (18) years of age; or (b) eighteen (18) years of age or older and incapable of self care because of a mental or physical disability.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.02. Serious health condition.
Latest version.

A "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either: (1) in-patient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (for purposes of this policy defined to mean the inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment, recovery or any subsequent treatment in connection with in-patient care); or (2) continuing treatment by a health care provider.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.03. Intermittent leave.
Latest version.

In the case of unpaid leave for a serious health condition, the leave may be taken intermittently or on a reduced hours basis only if such leave is medically necessary. If intermittent or reduced hours leave is required, the city may in its sole discretion temporarily transfer the employee to another job with equivalent pay and benefits that better accommodates that type of leave.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.04. Verification.
Latest version.

(a) The city will require that an employee's leave to care for the employee's seriously ill spouse, son, daughter, or parent, or due to the employee's own serious health condition that makes the employee unable to perform one (1) or more of the essential functions of employee's position, be supported by a certification issued by the health care provider of the employee or the employee's ill family member.

(b) In accordance with the DOL rules, the city may request, at the city's expense, a second or third health care provider's opinion for leave taken because of a serious health condition. The city may also require subsequent recertification from the employee's health care provider on a reasonable basis, in accordance with DOL rules, which normally will not be more than every thirty (30) days. No second or third opinion will be required upon recertification.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.05. Children.
Latest version.

In the case of unpaid leave for the birth or placement of a child, or foster care, intermittent leave or working a reduced number of hours is not permitted unless both the city and employee agree.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.06. Spouses.
Latest version.

(a) If both spouses work for the city, the combined leave shall not exceed twelve (12) weeks in a twelve (12) month period if the leave is taken:

(1) For the birth of the employee's son or daughter or to care for the child after birth;

(2) For placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement; or

(3) To care for the employee's parent with a serious health condition.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.07. Health insurance premiums.
Latest version.

(a) During family leaves of absence, the city will continue to pay its portion of the health insurance premiums and maintain the employee's coverage under the health plan in the same manner as if the employee had been continuously employed during the entire leave period; provided the employee continues to pay his or her share of the premiums.

(b) Should the employee fail to continue to pay his or her share of the premium, notices of proposed insurance cancellation and the opportunity to pay the premium as required by the FMLA will be provided before the cancellation.

(c) Employees will be advised well in advance of any changes in premiums so they will have ample opportunity to make arrangements to continue to pay their share of the premiums during the FMLA leave. To avoid required reimbursement, appropriate certification from a health care provider may be required if the employee does not return to work because of a serious health condition.

(d) If the employee does not return to work after the expiration of the leave, the employee will be required to reimburse the city for the city's portion of health insurance premiums during the family leave, unless the employee does not return because of the presence of a serious health condition which prevents the employee from performing his or her job for circumstances beyond the control of the employee.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.08. Accrual.
Latest version.

(a) During leave, the FMLA does not require accrual of employment benefits, such as vacation pay, sick days, seniority, etc. Accordingly, during FMLA leave, accrual of benefits and seniority shall be on the same basis as for any other unpaid leave of absence. Pension benefits will be determined in accordance with DOL rules. Employment benefits to which an employee may be entitled on the day on which the family and medical leave of absence begins will not be lost because of such leave, except for those paid leave days substituted for leave taken under this policy as described above. Upon return from FMLA leave, employees are entitled to any changes in benefit plans not dependent upon seniority or accrual during the leave period. (See section 2-221.05.)

(b) Employees will not be disqualified from bonuses based upon attendance or safety for which they qualified prior to leave because of the taking of FMLA leave.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.09. Relationship to paid leave.
Latest version.

(a) Employees may elect or may be required to substitute without limitation accrued paid vacation or personal leave for an equivalent portion of FMLA leave.

(b) Employees may elect or may be required to substitute accrued paid sick/medical leave for an equivalent portion of FMLA leave for a serious health condition.

(c) To the extent the city does not provide paid sick/medical leave for a condition covered by the FMLA, neither this policy nor the FMLA entitles the employees to paid leave. However, under paragraphs (a) and (b) above, paid leave and the FMLA leave will run concurrently.

(d) Leave covered by workers' compensation and/or long-term disability by the city will run concurrently with the FMLA leave when the reason for the leave is covered by the FMLA; however, the city will not require nor will it allow the use of a paid leave under paragraphs (a) or (b) above at the same time.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.10. Return from FMLA.
Latest version.

With the exception of certain key employees, employees who return to work from family leave of absence within or on the business day following the expiration of the leave are entitled to return to their job or an equivalent position with equivalent benefits, pay and other terms and conditions of employment. Designation of key employee status and whether such status will affect the employee's right of reinstatement will be made at the time the employee requests leave, or at the commencement of leave, whichever is earlier, or as soon as practical thereafter if such determination cannot be made at that time.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.11. Application.
Latest version.

Applications by the employee for family leave must be submitted in writing at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or of a family member. If thirty (30) days notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances or a medical emergency, notice must be given as soon as practical.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.12. Counting FMLA leave.
Latest version.

To the extent allowed by law, in the event an absence is for a reason covered by the FMLA, the city reserves the right to count it as FMLA whether the employee has applied for it or not. When this occurs, the employee will be promptly notified as required by law.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.13. Coordination.
Latest version.

Absences due to sickness or injury, whether paid or unpaid, including absences for work-related sickness or injury that are also covered by the FMLA will be considered as FMLA leave.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.14. Employee obligations.
Latest version.

During FMLA leave, employees must periodically report on their medical status and intent to return to work. Upon taking such leave, the employee will be advised of the reporting requirements. When the employee gives unequivocal notice of his intent not to return to work, the employment relationship will be terminated, and the employee's entitlement to continue leave, maintenance of health benefits, and reemployment will cease.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.15. Medical evidence upon return to work.
Latest version.

All employees of the city whose FMLA leave was taken because of the employee's own serious health condition must obtain and present certification from his health care provider that he is able to resume work before being allowed to return to work.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.16. Failure to cooperate.
Latest version.

Employees who fail to provide required information to the city, may have their leave delayed and be subject to discipline up to and including discharge as permitted by law.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-219.17. Domestic violence related leave.
Latest version.

The city will provide eligible employees with up to three (3) working days of unpaid leave in a 12-month period for domestic violence-related reasons.

In calculating the 12-month period under this policy, the city uses a "rolling, backward-looking" method. Under this method, a rolling 12-month period is measured backward from the date the employee uses any leave under this policy, such that each time an employee takes leave under this policy the remaining leave entitlement would be any balance of the three (3) days' of leave which has not been used during the immediately preceding twelve (12) months.

(a) Eligibility. To be eligible for leave under this policy, the employee must be employed by the city for at least three (3) months.

(b) Circumstances where domestic violence-related leave is available. Leave may be taken under the terms of this policy if the employee or a family or household member of the employee is a victim of domestic violence and the leave is necessary to:

(1) Seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence or sexual violence;

(2) Obtain medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence;

(3) Obtain services from a victim-services organization including, but not limited to, a domestic violence shelter or program or a rape crisis center as a result of the act of domestic violence;

(4) Make the employee's home secure from the perpetrator of the domestic violence or to seek new housing to escape the perpetrator; or

(5) Seek legal assistance in addressing issues arising from the act of domestic violence or to attend and prepare for court related proceedings arising from the act of domestic violence.

(c) Exhaustion of paid leave required. Prior to receiving leave under this policy, the employee must exhaust any available paid leave.

(d) Notice and supporting documentation required. Except in cases of imminent danger to the health or safety of the employee or a family or household member, advance notice of the need for leave is required. Where advance notice is required, the employee is required to provide notice to the city as soon as the need for leave becomes known. Where advance notice is not required due to the imminent danger to the health or safety of the employee or a family or household member, the employee must inform the city that the leave was taken pursuant to this policy as soon as he or she returns to work.

Documentation supporting the need for the leave under this policy must be submitted with the request for leave. In cases of imminent danger to the safety of the employee or a family or household member, supporting documentation must be submitted as soon as the employee returns to work.

(e) Confidentiality and prohibition of retaliation.

(1) All information relating to leave under this policy shall be considered confidential and will not be disclosed to any other individuals unless required for legitimate business or otherwise compelled by law.

(2) Leave taken or requested under this policy will not result in any adverse action against the employee. Employees who believe they have been subjected to retaliation as a result of leave taken or requested under this policy must initiate a complaint in the same manner as required by the city's harassment and discrimination complaint procedure.

(Ord. No. 2007-34, § 1, ?-?-07)

§ 2-219.18. Military related leave.
Latest version.

The city will provide eligible employees with the following leave for military related leave:

(a) New qualifying reason for leave. Up to twelve (12) weeks of leave for qualifying exigencies arising out of a covered family member's active military duty, i.e. spouse, son, daughter, or parent, and

(b) New leave entitlement. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to twenty-six (26) weeks of leave in a single twelve-month period to care for the servicemember. This provision became effective immediately upon enactment. This military caregiver leave is available during" a single twelve-month period" during which an eligible employee, is entitled to a combined total of twenty-six (26) weeks of all types of FMLA leave.

(c) Exhaustion of paid leave required. Prior to receiving leave under this policy, the employee must exhaust any available paid leave.

(d) Certification for active duty because of any qualifying exigency. In addition to an application for leave, employees will be required to furnish in a timely manner any certification that a family member is issued regarding their active duty or call to active duty in the Armed Forces.

(Ord. No. 2008-22, § 1, 7-15-08)

§ 2-220.01. Court/witness/jury duty.*
Latest version.

Employees who appear as witnesses on behalf of the city in any judicial or administrative proceeding or who are directed by the city to testify in any proceeding shall have all such time treated as compensable work time.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-220.02. Other court-related leave.
Latest version.

Those employees who become plaintiffs or defendants in personal litigation or who testify or appear on behalf of parties and other persons except the city are not eligible for leave with pay, but may use accumulated vacation leave subject to the conditions set forth in section 2-216.

(Ord. No. 2001-08, § 1, 6-19-01

§ 2-220.03. Jury leave.
Latest version.

The city shall make up the difference between the employee's pay for his normal schedule provided the employee:

(1) Advises his department head no later than three (3) working days before he is to report for jury duty or when he is first advised, whichever first occurs.

(2) Returns to duty each day he is released from jury duty when two (2) or more hours remain on his scheduled work day or shift unless he gets permission from his department head not to return.

(3) Endorses his check for jury pay over to the city.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-220.04. Return to work.*
Latest version.

Employees who attend court on any other legal proceeding for only a portion of a regularly scheduled work day are expected to report to their supervisor when excused or released.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-221.01. General leave without pay.
Latest version.

Except as required by applicable law, the decision to grant leave without pay (leave of absence) is a matter of administrative discretion. It shall be the responsibility of each department head to weigh each case on its own merits and not to provide such leave under circumstances that adversely affect city operations.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-221.02. Extension.
Latest version.

Employees on leave shall report for duty at the end of the leave unless they have obtained a written extension from their department head or have been notified not to return.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-221.03. Return to work.
Latest version.

An employee who is on approved non-medical or non-FMLA leave without pay for less than ten (10) working days shall be returned to his former position. When the leave is more than ten (10) but less than sixty (60) working days, the employee shall be returned to his former position or another position for which, in the opinion of the department head, he is qualified to perform all of the duties if one (1) is vacant, otherwise he shall be laid off.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-221.04. Other employment.
Latest version.

Employees on leave without pay of any kind, including unpaid medical leave, shall not accept employment elsewhere.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-221.05. Accrual of sick and vacation leave.
Latest version.

No pay or benefits such as paid sick leave, holiday, funeral leave and vacation leave will be earned while on any unpaid leave, including non-medical leave of more than thirty (30) working days.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-221.06. Conference leave.
Latest version.

When deemed in the best interest of the city, an employee may be granted leave with pay to attend professional and technical institutes, conferences, or other such meetings which may contribute to the effectiveness of the employee's service to the city. Requests for said leave shall be made to the department head and must be approved by the city manager. All such leave and travel expenses will be subject to the approval of the department head in accordance with the city travel procedure manual. Copies of said manual are available from the city clerk.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-221.07. Administrative leave.
Latest version.

Administrative and supervisory personnel who do not earn or accrue overtime may be granted reasonable time off without loss of pay, to conduct personal business which cannot be conducted during off-duty time.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-221.08. Effect of leaves on insurance coverage.
Latest version.

(a) Compensable leave. The city shall continue the employee's group life and hospitalization insurance during compensable leave of absence provided the employee pays his share of the premium.

(b) Workers' compensation. The city shall continue the employee's group life and hospitalization insurance during a leave of absence due to a valid workers' compensation injury or illness, provided the employee pays his share of the premium. If the employee's claim is later determined by law to be invalid, the employee shall reimburse the city for all premiums paid in his behalf during the injury. Failure to repay the city such premium upon demand or under terms agreeable to the city will result in termination of employment, and loss of accumulated sick and vacation leave to the extent necessary to cover the reimbursement. To the extent not fully reimbursed, the city may collect the premiums by any means allowed by law.

(c) Other non-compensable leave. Subject to the Family Medical Leave Act and subparagraph (a) above, if an employee is on an unpaid leave of any type, including medical leave covered by section 217.06(d), he shall be responsible to pay the premium for group life and hospitalization insurance beginning the month after the month in which the leave began. The employee shall be entitled to continue coverage for the period of the leave provided he pays the premiums subject to any restrictions imposed by the insurance carrier.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-221.09. Military leave.
Latest version.

(a) The city shall provide leave for military service, return from military service and accrual of benefits and seniority during military service in accordance with applicable law.

(b) Employees who are ordered to or need time off for military service or duty, should advise HR as soon as they become aware of their need so appropriate arrangements can be made.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-222.01. Sexual and other illegal or improper harassment.
Latest version.

The purpose of this policy is to make all employees of the city aware that it is the policy of the city that sexual, racial or other forms of illegal or improper harassment will not be tolerated.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-222.02. Statement of policy.
Latest version.

(a) Sexual harassment is included among the prohibitions of Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment, and is prohibited by the city.

(b) Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical acts of a sex-based nature, where submission to such conduct is made a term or condition of employment, or an employment decision is based on an individual's acceptance or rejection of such conduct, or such conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment. Sexual harassment involves not only members of the opposite sex but also of the same sex.

(c) Other forms of harassment in addition to sexual harassment are illegal (such as racial harassment) and/or are improper and will not be tolerated. Such harassment involves unwelcome language or actions involving race, religion, national origin, age, marital status or disability.

(d) Sexual as well as other illegal or improper harassment of city employees by other employees or by persons who are not employed by but do business with the city will not be tolerated.

(e) In addition, the city will not allow any retaliation against any employee who raises a concern about improper or illegal harassment or participates in an investigation involving improper or illegal harassment and tells the truth to the best of his knowledge and belief.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-222.03. Examples of prohibited sexually related conduct.
Latest version.

The city considers the following conduct to be examples of conduct, which violates its prohibition of sexual harassment.

(1) Unwelcome physical assaults or touching of a sexual nature, including:

a. Rape, sexual battery, molestation, or attempts to commit such acts.

b. Intentional physical contact which is sexual in nature such as touching, pinching, patting, grabbing, rubbing, hugging, or poking another employee's body.

(2) Unwelcome sexual advances, propositions, and other sexual comments, such as sexually oriented gestures, noises, remarks, jokes, or comments about a person's sexuality or sexual experience directed at or made in the presence of an employee who has indicated in any way that such conduct in his or her presence is unwelcome.

(3) Job actions related to sexual matters such as:

a. Preferential treatment for submitting to sexual activity, including soliciting or attempting to solicit an employee to engage in sexual activity for compensation or reward.

b. Threatening to, or actually making an employee's job more difficult, or taking away any benefit or privilege to entice an employee to submit sexually.

(4) Display of sexually related material, such as:

a. Pictures, posters, calendars, graffiti, objects, promotional material, reading or other material of a sexually suggestive or sexually demeaning nature is not permitted in the workplace.

b. Reading or otherwise publicizing in the work environment materials that are sexually revealing, pornographic, or sexually demeaning.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-222.04. Examples of other illegal or improper harassment.
Latest version.

(a) Derogatory, critical or uncomplimentary jokes, comments, displays, posters, other written materials as well as actions based on age, race, religion, national origin, marital status, or disability are often unwelcome and hurtful to others and can be illegal. Such actions have no place in the work environment at the city and will not be tolerated.

(b) The above examples are not to be considered a comprehensive list of prohibited conduct, but set forth examples of the types of conduct which is prohibited.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-222.05. Making complaints of sexual or other illegal or improper harassment or retaliation.
Latest version.

(a) Anyone who has suffered sexual or other illegal or improper harassment or retaliation or who has observed such conduct should report it to his immediate supervisor, his division manager or department head, the city clerk, city manager, human resources director, or any member of the city commission.

(b) All complaints will be investigated expeditiously. Upon completion, and a determination that a complaint is valid, the city will take appropriate remedial action, including discipline up to termination of employment. If the complaint is found to be without merit, no disciplinary action will be taken against the employee against whom the complaint was made.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-222.06. Bad faith claims of sexual or illegal or improper harassment.
Latest version.

Bad faith claims of sexual or other illegal or improper harassment are claims made when the person making the claims knows the claim is false but makes it anyway. Persons who make bad faith claims under this subsection will be subjected to disciplinary action up to and including termination.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-223.01. Group medical, dental and vision insurance.
Latest version.

The city makes available to all full-time regular employees group medical, dental, vision and life insurance after a certain number of days of employment as follows:

(1) Participation is voluntary.

(2) For those employees who elect to participate, the city currently pays one hundred (100) percent for the employee's coverage. Family coverage is available at the employee's option, provided the employee pays the premium through payroll deduction. The current employee contribution rates are available from the HR as are the various options as to coverage and types of insurance available. A booklet explaining the plans, contributions, and how and where to file a claim is also available through HR.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-223.02. Section 125 Plan.
Latest version.

The city has an IRS-approved Section 125 Plan by which eligible employees may pay their share of group insurance premiums through payroll deduction with before-tax dollars. Contact HR for details.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-223.03. Retirees' medical insurance.
Latest version.

(a) [Retirees' medical insurance] will be provided in accordance with Florida Statutes.

(b) The city will comply with the PSOHB (Public Safety Officers' Health Benefits) and the LLEBG (Local Law Enforcement Block Grant) requirements. Employees eligible for this benefit shall meet the definitions provided in Section 1204(5) of the Omnibus Crime Control and Safe Streets Act of 1968 for a public safety officer and an injury suffered as a direct result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2004-17, § 1, 6-1-04; Ord. No. 2009-13, § 1, 5-5-09)

§ 2-224.01. Pension.
Latest version.

(a) The city maintains a defined benefit pension plan for certain full-time and part-time employees who meet the eligibility requirements.

(b) The city maintains a defined contribution retirement plan for other employees. The contributions to the plan are made by the city and the eligible employee subject to the conditions set forth in the plan.

(c) All eligible employees will be provided a copy of the summary plan description for the plan applicable to them. All eligible employees may review a copy of the full text of the plan(s) upon request made to HR.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-225.01. The employee performance review system.
Latest version.

(a) Employee performance reviews are given to evaluate the employee's work attitude, quality, quantity and performance and to assist the employee and management in recognizing strengths and weaknesses and to assist in improving areas identified as weak.

(b) Employees performance reviews will be conducted: (1) before the employee's initial probation is completed to determine whether their employment will be continued or terminated, (2) annually for full and part-time regular employees, (3) the immediate supervisor will conduct a quarterly face-to-face counseling session on duties, responsibilities and performance objectives, and (4) on other occasions as determined necessary by the department head.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2003-19, § 1, 7-1-03)

§ 2-225.02. Use.
Latest version.

In addition to assisting employees and management in achieving and maintaining acceptable or better job performance, employee performance reviews are considered in determining advancement, disciplinary actions and other job actions.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-225.03. Process.
Latest version.

(a) The process for rating the work performance and work attitude of employees accurately and fairly is set forth in the guidelines as part of the employee performance review form.

(b) The employee shall be allowed up to twenty-four (24) hours to review and draft comments to his or her review and should not be expected to rush through it in the supervisor's office.

(c) The evaluator shall transmit the evaluation and the employee's comments, if any, to HR no later than five (5) days prior to the employee's anniversary date.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-226.01. Safety and health purpose and intent.
Latest version.

It is the intent of the city to enhance occupational safety and health among city employees through the implementation and maintenance of policies, procedures, practices, rules and standards that improve workplace safety and reduce the incidence of employee accidents and occupational diseases.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-226.02. Workplace safety program.
Latest version.

Occupational safety and health regulations applicable to all city departments will be developed by the city administration and implemented in all locations to which city employees are assigned for the performance of their duties.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-226.03. Safety committee.
Latest version.

(a) Purpose. A safety committee, herein known as "the committee," is established in accordance with F.S. § 442.012 to promote a safe and healthy workplace by recommending policies and procedures to improve workplace safety and health, prevent workplace accidents, and enhance employee safety training.

(b) Membership. The committee shall consist of city employees who have an interest in the general promotion of workplace safety and health.

(1) Employee representative. Employees who do not normally perform in a supervisory capacity shall be elected in accordance with procedures specified in paragraph (f) herein. There shall be seven (7) employee representatives, each of whom represents a specific risk group as defined in Exhibit A attached to the ordinance from which this division is derived. Each employee representative shall be permitted to vote on matters presented to the committee.

(2) Employer representative. Employees who normally perform in a supervisory capacity shall be appointed by the city manager to serve on the committee. There shall be two (2) employer representatives, and each shall be permitted to vote on matters presented to the committee.

(3) The human resources director or the human resources director's designee will coordinate matters involving the committee and ensure that proper procedures are followed. The HR director shall serve on the committee as a non-voting member. The HR director shall ensure that employer representatives do not exceed the number of employee representatives and that employee representatives are elected by their peers.

(c) Terms. Each representative shall serve a regular term of two (2) years which commences with the first meeting in January following election or appointment. If a vacancy occurs on the committee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.

(d) Meetings. The committee shall elect annually by majority vote from among its members a chairman and vice-chairman. Meetings shall be held monthly and shall be called to order by the chairman. The presence of five (5) voting members shall constitute a quorum. Minutes will be recorded and filed with the city clerk for retention in the official records of the city.

(e) Duties. It shall be the duty of the committee to:

(1) Promote workplace safety;

(2) Establish and communicate procedures for conducting internal safety inspections;

(3) Establish and communicate procedures by which accident investigation will be conducted;

(4) Evaluate the effectiveness of the workplace safety program and make recommendations to the city manager for corrective action as necessary;

(5) Establish and communicate guidelines for safety training;

(6) Ensure that workplace safety rules, policies and procedures are implemented in all city departments; and

(7) Make recommendations to the city manager for corrective action when violation of workplace safety rules, polices or procedures results in a preventable accident.

(f) Election. An election shall be held not more than thirty (30) and not less than ten (10) days prior to the commencement of the term for which an employee representative is to be elected. The city clerk shall administer the nominating and election procedure for each election in accordance with the procedures and policies provided herein.

(1) No less than thirty (30) days before the expiration of a regular term or immediately upon notice of a vacancy on the committee, the city clerk will notify all members of the risk group that an employee representative must be elected to the committee and request nominations. Such notification will be in writing and will include a nomination form and a list of all employees eligible for nomination. Employees eligible for nomination will include all members of the risk group who have completed their six (6) month probationary period of employment. Nominations will be forwarded to the city clerk before the time and date specified on the nomination form.

(2) If one (1) nominee receives a minimum of fifty-one (51) percent of the nominations, that nominee shall be declared elected and shall take office immediately upon commencement of the term of office for which elected.

(3) If no nominee receives fifty-one (51) percent of all nominations, the city clerk will prepare an election ballot listing the nominees receiving the three (3) largest number of nominations and forward a ballot to all actively employed members. Election ballots shall be returned to the city clerk before the time and date specified on the ballot. The nominee receiving the highest number of votes for office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected.

(4) If two (2) or more nominees tie for the highest number of votes, a runoff ballot shall be prepared and a runoff election shall be conducted as in paragraph (f)(3) herein.

(g) Transition committee. Members serving on the safety committee existing when this division is adopted [June 19, 2001] shall continue to serve until completion of the first regularly scheduled election required by this division.

(1) Employee representatives. For the first committee constituted under this division. members from risk group one, risk group two, and risk group three shall be elected to an initial term of two (2) years and members from remaining risk groups shall be elected to an initial term of one (1) year.

(2) Employer representatives. When appointing members to the first committee constituted under this division, the city manager shall appoint one (1) member to serve an initial term of two (2) years and one (1) member to serve an initial term of one (1) year.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2012-21, § 1, 11-6-12)

§ 2-226.04. Safety incentive program.
Latest version.

(a) Establishment: One (1) safety day shall be awarded in a six (6) month period to each eligible employee in accordance with the accrual schedule provided the employee has no workplace accident(s) determined preventable by the safety committee.

Incentive: One (1) safety day shall be awarded at the end of a six (6) month period to each eligible employee in accordance with the accrual schedule provided the employee has no workplace accident that is determined preventable by the safety committee established in section 2-302. An employee shall not be eligible for the safety day award if the safety committee determines that a workplace accident was both caused by the employee in total or part and the accident was preventable. The six (6) month award period for each employee shall be maintained on the accrual schedule maintained by the human resources director or designee.

(b) Use. Safety days shall be taken as time off following the accrual and are subject to the following guidelines:

(1) Are cumulative, however will not be paid out at termination.

(2) In no event will an employee be allowed to take a safety day in conjunction with termination, i.e. to extend the termination date.

(3) May be used for any reason.

(4) The request to use a safety day will comply with requirements in section 2-216.02

(c) [Reserved.]

(d) Eligibility. All permanent full-time employees are eligible for participation in the incentive program. Probationary employees may accrue a safety day incentive during the period of probation but shall not use the safety day until permanent employment status has been achieved.

(e) Administration. The HR director shall notify the department head by memorandum when a safety day has been earned by the department. No safety day shall be considered earned and may not be taken as such until said memorandum is received by the department head. A copy of the memorandum shall be inserted in the payroll time book to notify the finance department that a safety day has been earned. The HR director shall notify the department head by memorandum when a safety day has been lost by an employee charged by the committee with a preventable accident. A copy of the memorandum shall be forwarded to the finance department by the HR department for adjustment of the employee's accrued leave balance.

Safety Committee Risk Groups

Risk Group Workers'
Comp
Code
Group
Members
One 7720
9410
Police officers
Code enforcement officers
Two 7704 Firefighters and inspectors
Three 7520
7580
8601
Water operators, technicians and meter readers
Wastewater operators and technicians
Engineering manager, inspector and specialists
Four 5509
9102
9220
Streets division - all field employees
Field services division - all field employees
Cemetery division - all field employees
Five 9015
9410
Facilities maintenance - all employees
Building official and inspectors
Six 8810 Library - all employees
All other clerical and administrative employees

 

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2002-07, § 1, 5-7-02; Ord. No. 2012-21, § 1, 11-6-12)

§ 2-227.01. DUI, DWI and moving traffic violations.
Latest version.

The safety and health of all city employees, residents, and the public in general is of utmost importance to the city. Such concerns include attempting to ensure that employees who drive vehicles on the public roads, streets, and highways as part of their job maintain safe driving records and habits consistent with the city's mission of conducting safe and efficient city business, and to ensure the ability of the city to maintain acceptable insurance protection at reasonable cost.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-227.02. Dui/Dwi.
Latest version.

(a) An employee charged with a DUI or DWI offense shall be suspended from his driving job pending resolution of the charge or charges. The suspension will be without pay, except the city manager, at his option, may elect to transfer the employee to a vacant non-driving position which the employee is qualified to perform at the non-driving position rate of pay.

(b) Upon acquittal, the employee shall be reinstated to his driving position or a similar driving position with back pay less any interim earnings received from any source, including from the city, and unemployment compensation. Acquittal is defined as a finding of not guilty after trial or dropping of the charges. Acquittal shall not include a plea of nolo contendere or reduction of charges. Employees who refuse breath, blood, or urine testing in violation of Florida State Statutes regarding implied consent shall be considered as convicted.

(c) Upon first offense conviction, the employee shall be removed from his driving position for not less than twelve (12) months. Upon written request, the employee will be considered for placement in other non-driving vacancies in the city for which he is qualified; however, he shall be given no preferential treatment because he is a city employee. If the employee is not offered a non-driving job within thirty (30) days of his removal from the driving position, he shall be terminated. If the employee is offered and accepts a non-driving position within the thirty (30) day period, the employee's service record will remain unbroken.

(d) An employee placed in a non-driving position or ex-employee terminated pursuant to paragraph (c) above may not reapply for a driving job for twelve (12) months from the date of his removal from the driving job. Thereafter, those employees and ex-employees who reapply for a driving job will be given no preference but if otherwise qualified will be considered along with all other qualified applicants, and their past conviction will be considered along with other job related factors.

(e) Upon conviction of a second DUI or DWI, an employee in a driving position shall be terminated from employment with the city.

(f) Upon conviction of a second DUI or DWI, an employee in a non-driving position as a result of the application from paragraph (c), shall be permanently barred from a driving position within the city.

(g) Employees and applicants for employment who have never held a driving position with the city but who have been convicted of DWI or DUI not more than one (1) time, may be considered for driving positions under the same conditions as employees who have been removed from a driving position because of a DUI or DWI conviction under paragraph (c) above. Employees and applicants who have two (2) or more DUI or DWI convictions shall not be considered for driving positions.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-227.03. Moving violations.
Latest version.

(a) The official Florida State driving record of all employees under F.S. ch. 322 shall be reviewed by the city from time to time. If, upon such review, an employee's record reveals seven (7) or more points under F.S. § 322.27 within the past three (3) years as a result of moving violations, the employee shall be removed from his driving position.

(b) Upon written application, the employee will be considered for placement in other non-driving vacancies in the city for which he is qualified; however, he shall be given no preferential treatment because he is a city employee. If the employee is not offered a non-driving job within thirty (30) days of his removal from the driving position, he shall be terminated. If the employee is offered and accepts a non-driving job within thirty (30) days, the employee's service record will remain unbroken.

(c) An employee placed in a non-driving position or an ex-employee terminated pursuant to paragraph (b) above may not reapply for a driving position until periodic reviews of the driving records of all employees have been conducted by the city, and the employee's official Florida State driving record establishes that the employee does not have seven (7) or more points as a result of moving traffic violations in the three (3) year period immediately prior to the city review of employee's record. Thereafter, those employees and ex-employees removed from driving jobs pursuant to paragraph (b) who reapply for a driving job will be given no preference but if otherwise qualified applicants, and their past conviction of moving traffic violations will be considered along with job related factors.

(d) An employee who is removed from a driving position on two (2) different occasions as a result of the application of this section, shall be permanently barred from a driving position with the city.

(e) Employees who have never held a driving position with the city and applicants for employment who have seven (7) or more points for moving violations at the time they apply for driving positions shall not be considered. If such employees and applicants do not have seven (7) or more points at the time of their application, their official Florida State driving record will be considered along with other job related factors.

(f) Employees are obligated to inform the city of drivers license suspension or revocation for any reason. Employees are obligated to maintain a valid Florida drivers license, failure to do so will result in disciplinary action. Employees in driving positions who have suspensions or revocations are considered unqualified for that position and may be reassigned to a non-driving position or terminated if no vacancy exists.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-228.01. Tuition and books.
Latest version.

(a) The city may authorize payment for tuition and books for courses it considers will be helpful to successful completion of the mission of the city subject to budgetary constraints as follows:

(1) The city manager, or his designee, shall determine if the course or curriculum is related to the employee's job or contributes to the long range value of the employee to the city.

(2) If the course is reimbursable through some other source, then provisions of the city's education tuition payment plan shall not apply.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-228.02. Eligibility.
Latest version.

(a) Full-time employment with the city at least one (1) year.

(b) The education level will include a high school diploma, associate, bachelor or masters degree.

(c) No more than two (2) courses per quarter or semester (or equivalent period of time) may be taken.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2007-08, § 1, 4-4-07)

§ 2-228.03. Requests and payment.
Latest version.

(a) The employee must request the method of funding (advance or reimbursement) by submitting Human Resources Form 007 for approval. In order to process the request in a timely manner, employees should make every effort to request necessary funding as soon as school schedules are released. Failure to obtain approval in advance will result in requests for reimbursement being denied.

(b) Employees receiving a tuition advance must submit a paid receipt from the college or university for classes and books to the HR. Employees requesting reimbursement upon completion of the class must also submit paid receipts.

(c) Employees are encouraged to attend any accredited Florida college or university; however, tuition reimbursement shall be paid at the public college or university tuition rate. Correspondence schools will not be considered for tuition reimbursement. Employees shall not be reimbursed for mileage or personal expenses unless they are required by the city manager to take the course.

(d) The employee shall submit to the city manager the final grade, certification, or degree immediately upon receipt from the school.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-228.04. Repayment by the employee.
Latest version.

(a) The employee shall reimburse the total cost of tuition and books if he fails to successfully complete the course. Reimbursement shall be within two (2) weeks of receipt of grade. For courses for which an employee receives a grade, reimbursement to the city will be as follows:

(1) Employees receiving a grade of C or better shall not be required to reimburse the city. Employees receiving a grade below a C shall reimburse the city at one hundred (100) percent. Employees who drop a class shall reimburse the city at one hundred (100) percent.

2. The employee who receives any funds under this program shall be required to work for the city for at least three (3) years from the date money is received, or shall reimburse the city for every dollar received upon termination. The city reserves the right to withhold the money owed from any final paycheck upon separation subject only to applicable law.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2007-13, § 1, 5-15-07)

§ 2-228.05. Schedules.
Latest version.

The city will attempt to rearrange work schedules for classes if it does not interrupt the normal work flow.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-229.01. Drug-free workplace and alcohol policy.
Latest version.

The city's drug-free workplace policy is aimed at ensuring "zero" tolerance to illegal drugs at all times and its alcohol-free policy to "zero" tolerance under circumstances that affect or might affect the safety and well being of employees, citizens and others, or the effective operation of city business. This policy is consistent with all Florida State and federal laws including Florida Drug-Free Workplace Statutes [F.S. §§] 440.101 and 440.102, Drug-Free Workplace Program Requirements, the Agency for Health Care Administration (AHCA), Chapter 59A-24, Florida Administrative Code, Drug-Free Workplace Standards, and the Federal Drug-Free Workplace Act. In addition, all employees required to have a commercial driver's license (CDL) under Chapter 49 CFP, part 383, are subject to controlled substance and alcohol testing rules established by the Federal Highway Administration (FHWA) under the Omnibus Transportation Employee Testing Act of 1991 (revised February 1994), in accordance with 49 CFR, Parts 40, 383, 392, 4, and 392.5. Regulatory penalties for infractions are in addition to disciplinary action including termination of employment.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-229.02. Policy.
Latest version.

(a) Illegal controlled substances. The city prohibits the use, distribution, possession, manufacture, cultivation, sale or attempt to sell or distribute illegal controlled substances at any time whether on or off duty, whether on or off city property. Illegal controlled substances are defined by applicable state and federal laws.

(b) Alcohol abuse. Employees of the city are prohibited from using or possessing alcohol while on duty; while on city premises; while driving a city vehicle, operating a piece of the city's equipment, or being transported in city vehicles at any time; reporting to work under the influence of alcohol; or, from otherwise using alcohol in a manner at any time which adversely affects the business interests of the city.

Note: A sworn employee of the city police department, or an employee acting under the direction of such, may have cause in the course of conducting city business, to acquire and/or manipulate some form of alcohol or drugs for a duty purpose, and not for other non-job related reasons, and such shall be done in accordance with the officer's assigned duties and in accordance with police department policies.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-229.03. Use of legal drugs.
Latest version.

The use of legal drugs, that are prescribed by licensed physicians for a specific medical purpose is not prohibited. However, such drugs can and often do have a direct impact on the vigilance, judgment and/or coordination of the employee and may adversely affect the employee's job performance and the employee's ability to work in a safe and efficient manner. This is particularly true in safety-sensitive assignments involving the operation of motor vehicles and other moving equipment. Therefore, an employee for whom a licensed physician or dentist prescribes a controlled substance must advise the supervisor immediately in order that an evaluation can be made on the impact, if any, on the safe and efficient operation of the city. Detection of a controlled substance will be presumed to be in violation of this policy unless the employee advises the supervisor of its medicinal use in advance. The supervisor must immediately advise the department head of such use by the employee.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-229.04. Substances tested for.
Latest version.

(a) With respect to violation of policy 229.02(B), employees are subject to testing for the detection of alcohol while on duty or while operating or riding in or on a city-owned vehicle. The current positive test threshold for alcohol is two one hundredths (0.02)g percent.

(b) Employees will be subject to drug testing for the detection of the following illegal drugs/drug groups, as well as others that may from time to time be declared illegal by state or federal law:

(1) Amphetamines;

(2) Barbiturates;

(3) Benzodiazepines;

(4) Cannabinoids (marijuana);

(5) Cocaine;

(6) Methadone;

(7) Methaqualone;

(8) Opiates (heroin, morphine, codeine);

(9) Phencyclidine (PCP);

(10) Propoxyphene.

(c) Circumstances for testing:

(1) Subject to applicable law, all job applicants shall be subject to pre-employment drug testing as a prerequisite to employment with the city. It is the obligation of the job applicant to notify the approved testing facility of any controlled substances prescribed for the job applicant by a physician or dentist.

(2) When an employee is involved at any time directly in an equipment or vehicular work-related accident, or in any unsafe and/or negligent maintenance or operation of the city's equipment or vehicles at any time where in the opinion of the city manager the employee was at fault or the employee's conduct contributed to the accident.

(3) When reasonable suspicion exists to believe the employee is using drugs or alcohol in violation of this policy. A reasonable suspicion is a belief that an employee is using or has used drugs or alcohol in violation of this policy drawn from specific objective and articulatable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon:

a. Observable phenomena while at work, such as direct observation of drug use or of physical symptoms or manifestations of being under the influence of a drug or alcohol;

b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance;

c. A report of drug use, provided by a reliable and credible source;

d. Evidence that an individual has tampered with a drug test during his employment with the city;

e. Information that an employee has caused, contributed to, or been involved in an accident while at work;

f. Evidence that an employee has used, possessed, manufactured, cultivated, sold, solicited, or transferred drugs;

g. Frequent absences from work without a satisfactory explanation.

(4) Unless prohibited by law, as a part of any medical examination required by the city whether or not that medical examination is required by the DOT or any other local, state or federal law or regulation.

(5) Unless prohibited by applicable law, the city reserves the right to test any employee for illegal drugs and alcohol to determine compliance with this policy at any time with or without prior announcement on a random or other basis.

(6) For the purpose of this policy, if a test reveals the presence of alcohol, the employee shall be deemed to have violated the city policy.

(7) Employees and job applicants have the right to consult with the testing laboratory for technical information regarding prescription and non-prescription medications. The name, address and telephone number of the testing laboratory will be provided to the employee or job applicant upon request.

(8) All test results will be kept confidential and will only be provided to managerial employees on a need-to-know basis.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-229.05. Reasonable suspicion searches.
Latest version.

To discourage the use and/or distribution of illegal drugs or alcoholic beverages in the workplace, upon reasonable suspicion, searches for alcohol, illegal drugs or paraphernalia may be conducted on city property or worksites of employee's personal property including but not limited to any box, bag, or other containers and vehicles brought on to city property at any time.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-229.06. Reporting and conviction of alleged crimes including drugs or alcohol.
Latest version.

(a) All employees must report to their supervisor any arrest, indictment or conviction of a drug or alcohol related violation or alleged violation of law not later than the next work day after the employee becomes aware of it. Failure to so report may result in immediate termination.

(b) Upon conviction of a crime involving illegal drugs, the employee will be immediately terminated.

(c) Without regard to prosecution or conviction by appropriate governmental entities, the city may, at its option, conduct its own independent investigation to determine whether or not there has been a violation of the city's drug and/or alcohol policy. If, in the opinion of the city, it believes a violation has occurred, it will take whatever disciplinary action it deems appropriate regardless of the ultimate outcome of any criminal case that may be brought against the employee.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-229.07. Discipline for violations of policy.
Latest version.

Employees who violate this policy or who are directed to take a physical examination, blood, breathalyzer, urinalysis or other test allowed by law, and refuse or fail to do so when and as directed; or who, after having taken such examination and/or test are determined to have utilized an illegal controlled substance at any time or to have violated the city's alcohol abuse policy, shall be subject to immediate termination; provided, however, if the presence of an illegal controlled substance is established as a result of the test, the employee or job applicant may, within five (5) working days of receipt of written notification of a positive result, request an opportunity to explain the result to the city and/or the medical review officer.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-229.08. Employee injured on the job.
Latest version.

Any employee injured on the job who refuses to submit to a drug test, or has a positive confirmation test, in addition to other provision of the policy, may forfeit his eligibility for all workers' compensation medical and indemnity benefits depending on applicable law.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-229.09. Employee assistance program.
Latest version.

(a) The city has an employee assistance program (EAP) with one (1) of its missions being to assist employees who voluntarily report drug or alcohol related problems, which have not yet adversely affected their job or city operations. Additionally, the city may require any employee in violation of this policy, whether he voluntarily reports his problem or not, to participate in the EAP or other medical and rehabilitative assistance programs as a condition for continued employment. For further information regarding the EAP, contact human resources.

(1) Employees who voluntarily ask for help. Employees with drug or alcohol related problems who wish assistance through the EAP may contact the EAP. If the employee has a satisfactory performance record, the city may grant the employee an unpaid leave of absence for a period determined by the city to participate in a city-approved treatment or rehabilitative program. This employee will be responsible for all expenses resulting from the treatment or program to the extent they are not covered by insurance.

(2) Other employees. In the event the city discovers a violation of this drug or alcohol policy, or if the city otherwise discovers an alcohol-related problem that adversely affects or may adversely affect the employee's performance or the city's business, the city at its option consistent with applicable law, may proceed to discipline the employee up to and including discharge, or at the city's option, require the employee to undergo approved medical or rehabilitative assistance. The employee will be responsible for all expenses resulting from the treatment or rehabilitation to the extent they are not covered by insurance. In the event the city requires the employee to participate in the employee assistance program, the EAP provider will keep the city fully advised with respect to the employee's participation and medical condition.

(3) Return to work. Employees who are granted a leave of absence under paragraph (1) and (2) above must successfully complete all EAP, medical and other rehabilitative requirements established by the city for them within a reasonable amount of time, in order to be considered for return to work.

(4) Retesting. Employees allowed to return to work under paragraph (3) shall be subject to retesting any time without notice and must submit to such test as and when directed by the city.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-229.10. Reporting violation of the policy.
Latest version.

(a) It is the obligation of every employee of the city to report violations of the city's drug and alcohol abuse policies. Failure to report may subject employees to discipline up to and including discharge.

(b) Any employee who in good faith, based upon reasonable suspicion or observation, reports an alleged violation of these policies, or any supervisory or managerial employee who investigates or takes action in good faith based on reasonable suspicion or observation shall not be harassed, retaliated against, or discriminated against in any manner for making reports, participating in the investigation or because of any reasonable action he takes as a result of the investigation.

(c) Bad faith claims. Any knowingly false reporting of a violation of the policies set forth herein shall subject the employee to immediate termination.

(Ord. No. 2001-08, § 1, 6-19-01)

Section 2-229 is subject to applicable law and all action taken by members of management hereunder must obtain approval from the human resources director to ensure compliance with all applicable laws.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-230.01. Smoking, Vaping and other tobacco products.
Effective: Tuesday, April 18, 2017

(a) The purpose of this policy is to protect the public health, comfort, and environment for citizens and employees by creating areas in public places and at public meetings that are reasonably free from tobacco products smoke, and to comply with Florida Statutes, the Florida Clean Air Act.

(b) No employee may smoke or vape in any city building, facility or vehicle. This includes, but is not limited to, private offices, hallways, rest rooms, conference rooms and break rooms, even with only one occupant.

(c) Smoking, vaping and other tobacco use is permitted outdoors except for the following conditions:

(1) Whenever a safety hazard exists;

(2) In any area where smoking, vaping and other tobacco use is specifically prohibited by federal, state, county or city ordinance;

(3) In any area posted "No Smoking".

(d) The city manager is responsible for ensuring city-wide implementation of this policy. Department heads and managers are responsible for uniform implementation of this policy in their respective work areas, facilities and buildings.

(e) Violation of this policy shall subject the employee to disciplinary action up to and including termination.

(f) Citizens, clients, contractors and visitors to city facilities are expected to comply with this policy. Violators will be requested to extinguish their smoking material or leave the building/facility area if they refuse to do so.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2007-05, § 1, 3-20-07; Ord. No. 2017-07, § 1, 04-18-2017)

§ 2-230.02. Unemployment compensation.
Latest version.

(a) The city is registered with the State of Florida Bureau of Unemployment Compensation. Terminated employees who file a claim and are determined qualified under the Florida Unemployment Compensation Law may be eligible to receive unemployment compensation benefits. An explanation is available of employee's rights and responsibilities through HR. Employees who are terminated for violation of the city drug free workplace policy may not be entitled to unemployment compensation under Florida law.

(b) Any correspondence received by employees regarding unemployment compensation must be forwarded to the human resources department upon receipt.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-230.03. Workers' compensation.
Latest version.

(a) The city provides workers' compensation for all employees injured on the job and:

(1) Payment of workers' compensation to all employees who are disabled because of an injury arising out of and in the scope of performing their duties with the city will be governed by the Florida State Workers' Compensation Law.

(2) Full-time regular and probationary employees shall be paid one hundred (100) percent of his regular pay by the city for the first seven (7) calendar days of the period of disability. When the period of disability extends beyond seven (7) days and the employee is eligible for workers' compensation benefits, a change of status shall be initiated by the employee's department head documenting the date on which the employee began disability leave.

(3) The employee will continue to accrue sick leave, vacation, safety days and optional holidays during the entire period of disability. Time on occupational disability will continue to count toward retirement and longevity.

(4) Periods extending beyond seven (7) days and up to thirty (30) days shall be paid as follows: The insurance company shall pay sixty-six and two-thirds (662/3) percent; the city shall pay thirty-three and one-third (331/3) percent. The city's payment shall be issued as special pay to supplement workers' compensation benefits following an official statement from the insurance carrier as to benefits paid directly to the employee. The city's payment will be issued with the next normal run of payroll following receipt of the statement.

(5) Health insurance, credit union and other payroll deductions will be made from the thirty-three and one-third (331/3) percent supplemental payment, and payroll taxes will be deducted.

(6) If the employee is out of work long enough to receive payment from workers' compensation for the first seven (7) days, that payment shall be returned to the city. This will prevent the employee from being paid twice for the same period of time. Payment to employees for the first seven (7) days of disability shall be delivered to the human resources department. Payment for these seven (7) days will not be charged against sick leave or vacation, nor will special pay to supplement workers' compensation benefits.

(7) After thirty (30) days of disability, the employee's case will be reviewed by the city manager to evaluate the continuation of the city's payment of the thirty-three and one-third (331/3) percent supplement. This supplement may be continued with the city manager's approval for thirty (30) day periods and is subject to review by the city manager at the end of each thirty (30) day period until the employee returns to work or is qualified for disability retirement. If there is a conflict between the city manager's review and the recommendation of the treating physician, the city manager reserves the right to require additional medical evaluation by a city-designated physician. The supplemental payment will continue during said review. If the city manager decides to discontinue the city's payment of the thirty-three and one-third (331/3) percent supplement after the initial thirty (30) days of disability, the employee may elect to receive a thirty-three and one-third (331/3) percent supplemental payment and have it charged against vacation or sick leave.

(8) If the physician treating an employee on occupational disability determines that the employee is unable to perform full, normal duties but is qualified for "light duty" which does not hinder treatment or recuperation, the employee may be placed on "light duty" at the city's option. Work performed on "light duty" will be paid at the employee's normal hourly rate and payment for such work will be deducted from any supplemental pay which might have been granted to the employee.

(9) In the event an employee has neglected to advise the attending physicians of other injuries reported under workers' compensation, whether injuries were sustained while employed by the city or sustained prior to employment by the city or any pre-existing condition(s), shall be grounds for immediate termination. The city manager reserves the right to deny all or part of the benefits outlined above if the injury resulted from the willful negligence of the employee.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-230.04. Desk, lockers, others city property/equipment, personal property.
Latest version.

(a) Employees may request a locker if available.

(b) Employees must provide locks for lockers, but must provide the department head a duplicate key.

(c) All personal equipment, property and belongings brought onto city property or placed in city property as well as lockers, desks and file cabinets or any other city equipment used by the employee are subject to inspection by management at any time. This includes but is not limited to car trunks, and lunch bags for any reason.

(d) In the event the employee is unavailable or it is deemed necessary to access any item described in subsection (c) above without the employee's presence, the department head must request authority to access from the city manager. The city manager shall make the determination.

(e) The city is not responsible for the personal property of employees which is brought onto city property.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-230.05. Records and reports.
Latest version.

(a) The human resources department is responsible for establishing and maintaining comprehensive central personnel records of all city employees.

(1) A record of all leave earned by an employee will be maintained by HR.

(2) All adjustments to an employee's leave balances (sick leave donation, loss of safety day, correction of balance, etc.) will be forwarded to the finance department by the HR. No adjustments will be made to an employee's leave balances without the review and approval of the human resources director.

(3) The payroll administrator will forward a current listing of employee leave balances to the human resources director after the last payroll of the fiscal year.

(4) All personnel records of employees are maintained in the human resources department and are considered the official employee records. Duplicate files may be kept in the department at the option of the director.

(5) Employees should keep their personnel records current. This means immediately notifying the HR of any changes; such as, change of address (even if temporary), change of telephone number, change of beneficiary, number of dependents, divorce, marriage or any status change not previously reported, from that which was originally given at the time of employment. This is the responsibility of the employee and failure to comply may result in loss of employee benefits.

(6) The HR should be informed of any special training courses completed by an employee. Copies of diplomas or certificates shall be forwarded to the human resources department to become a permanent part of the employee's personnel file.

(b) Records retention and disposition. Consistent with applicable law, the HR shall determine the time limit that any personnel records shall be kept on file and the final disposition of such records.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-230.06. Employee training and development.
Latest version.

It is the responsibility of the city manager in conjunction with department directors and the human resources director, to foster and promote in-service training of employees. The purpose of this training is to improve the level of service rendered to the public, the quality of personnel, and to assist employees in preparing themselves for advancement in city service. Department directors in cooperation with the human resources director will establish standards for training programs, assure that training is carried out as approved, and prepare certificates or other forms of recognition to persons who satisfactorily complete approved courses and programs. The human resources director will provide assistance to department directors in developing and conducting training to meet specific needs of their departments and to assure that employee, supervisory and management training is available to all departments.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-230.07. Deductions.
Latest version.

Federal withholding, social security and pensions are deducted from paychecks in accordance with law and city ordinance. Voluntary deductions authorized by the city manager are made only upon written authorization of the employee and approval by HR and by the finance department.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-230.08. Cell phones.
Latest version.

When it is deemed that a city employee has a need for a cell phone to effectively perform his job requirements, the following policy shall apply:

(1) A requisition for the cell phone shall be submitted along with written authorization from the department head explaining the reason for the need for the employee to have a cell phone. Cell phone vendors must be approved in advance by the city manager, or his designee. The cell phone shall remain the property of the city and will remain so until it is declared surplus and disposed of in a manner acceptable to the city. All bills for the use of the cell phone shall be sent to the city. The employee shall reimburse the city for all personal calls transacted by the use of the cell phone. Reimbursement shall be by cash or by submittal of a check or money order made out to the city.

(2) If an employee is using his personal cell phone for city business calls, he shall be responsible for full payment of the bill and may submit requests for reimbursement for city business calls to the finance department using the proper form. Written authorization from the department head for reimbursement along with a copy of the bill highlighting such calls must be submitted. Reimbursement will be given in the employee's name only, not to the cell phone service provider. The rates established for the cell-phone service shall remain between the employee and the service provider. Most cell phone service providers offer governmental employee rates.

(3) Should a dispute arise involving any of the above procedures, the decision of the city manager shall be considered final and binding.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-230.09. Information systems policies.
Latest version.

(a) Computers, computer files, the e-mail system, and software furnished to employees are city property intended for business use. Employees should not use a password, access a file, or retrieve any stored communication without authorization. To ensure compliance with this policy, computer, Internet and e-mail usage may be monitored.

(b) The use of city-supplied computers or applications for personal use is discouraged. However, any personal use by the employee should be done with the understanding that the city takes no responsibility for licensing, nor assurances of data or information privacy. Modifications to hardware or city-supplied applications that prevent or alter the use of city information is strictly prohibited. Memory space for business information shall take precedence over any personal requirements.

(c) All employees are responsible for meeting the requirements of these policies. Employees who violate these policies are subject to disciplinary action as set forth in section 2-211. The (IS) information services division is responsible for establishing, and monitoring adherence to this policy.

(d) The city strives to maintain a workplace free of harassment and sensitivity to the diversity of its employees. Therefore, the city prohibits the use of computers and the e-mail system in ways that are disruptive, offensive to others, or harmful to morale.

(e) The Internet may be used for incidental personal use that does not violate these policies and does not hamper or conflict with the transaction of city business, on lunch hours or after hours. The city has the right to view and monitor all Internet usage on the city's system(s).

(f) The city Internet access may not be used for the following:

(1) Commercial activities;

(2) Religious causes;

(3) Solicitations of any kind;

(4) Political activity;

(5) Activities not directly related to the conduct of city business;

(6) To download files or software without first checking for viruses;

(7) Transmitting or accessing copyrighted information in a way that violates the copyright.

(g) The city purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer, the city does not have the right to reproduce such software for use on more than one (1) computer.

(h) Employees may only use software on local area networks or on multiple machines according to the software license agreement. The city prohibits the illegal duplication of software and its related documentation.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-230.10. E-mail policy.
Latest version.

(a) As part of our effort to facilitate work, the city provides electronic mail services to employees. These systems are designed to facilitate your communication with employees and with the public when such communication is part of your job. All electronic communication systems and all communications and stored information transmitted, received or contained in the city's information systems are the property of the city.

(b) E-mail is for the use of employees in the performance of their jobs. However, it is recognized that occasional communications between employees at work via e-mail for personal reasons under circumstances that do not take away from or interfere with their duties or the duties of those employees with whom they communicate, is not prohibited except:

(1) No e-mail will contain any materials which is political, slanderous, controversial, critical of any person or entity, or which contains vulgar language, references to sexual matters or is otherwise inappropriate.

(2) E-mail for personal reasons should be used only when it is important that the employee communicate with another employee at work about a personal matter and another method of communication would take time away from the employee's work, e-mail is not to be used for "chit-chat," telling jokes and communicating personal information unless it is necessary.

(3) The city manager, or the city manager's designee, will determine when this section is being violated.

(c) Employees shall not use a code, access a file, or retrieve any stored information, other than those for which they are authorized, unless there has been prior clearance by the city manager, IS manager, or their designees.

(d) While electronic mail may require the use of a password for security, confidentiality cannot be guaranteed. Messages may be reviewed by someone other than the intended recipient. All passwords must be made known to the IS division.

(e) To ensure that the use of the city's information system and other electronic communications systems is consistent with the city's legitimate business interests and not a violation of this section, authorized representatives of the city will monitor the use of such equipment from time to time.

(f) Employees using this equipment for improper personal purposes do so at the risk of discipline in accordance with section 2-211.

(g) Employees should also be aware that electronic records (such as e-mail and computer stored documents) are public records and as such are subject to access by the general public as well as the press in the same manner as physical documents. Thus, any electronic communication concerning any official business may not be deleted or destroyed (i.e., erased from computer memory) until a hard copy is printed and retained with other public records.

(h) Employees shall not attempt to read, "hack" into other systems or other employee's logins, or "crack" passwords, or breach computer or network security measures, or monitor electronic messages of other employees or third parties except by explicit direction of city management.

(i) No electronic mail may be sent which attempts to hide the identity of the sender, or represents the sender as someone else.

(j) Electronic mail should not be used in a manner that is likely to cause network congestion or significantly hamper the ability of other employees to access and use the system.

(k) Remember, although you can delete e-mail, it does not go away and can always be retrieved, and may be reviewed at any time by the city to ensure compliance with this section and by the public upon a proper request under the Florida Public Records Law. UNDERSTAND ANYTHING YOU PUT IN A CITY COMPUTER MAY BE ON THE FRONT PAGE OF THE NEWSPAPER.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-230.11. Pagers.
Latest version.

(a) Employees assigned a pager shall be responsible to reimburse the city for pages in excess of the maximum allowed by the department.

(b) Alphanumeric pages are legally public record and will be monitored to ensure compliance with city policy.

(1) Alphanumeric pages will not contain language which is political, slanderous, controversial, critical of any person or entity, or which contains vulgar language, references to sexual matters or is otherwise inappropriate.

(2) Neither alphanumeric nor numeric pages should be used for personal reasons except when it is important that the employee communicate with another employee at work about a personal matter and another method of communication would take time away from the employee's work. Alphanumeric pages will not to be used for "chit-chat," telling jokes and communicating personal information unless it is necessary.

(3) The city manager, or the city manager's designee, will determine when this section is being violated.

(Ord. No. 2001-08, § 1, 6-19-01)

§ 2-230.12. Take home vehicles. [Transferred to 2-230.16]
Effective on Wednesday, April 3, 2019

(a) Some city employees have city vehicles at their disposal so they may carry out their duties properly. Because city vehicles are distinctly marked, the way they are operated has a direct impact on the public image of the city. Employees operating city vehicles will adhere to the following rules:

(1) Operator will possess a valid Florida driver's license.

(2) All vehicular safety laws will be observed.

(3) Safety belts will be used at all times when the vehicle is in operation.

(4) In the event that a city vehicle is involved in an accident, the employee will notify the appropriate law enforcement agency and the employee's immediate supervisor.

(5) City vehicles will be used for official business only; they will not be used for pleasure or personal business under any circumstances.

(6) Any employee who abuses a city vehicle in any manner will be subject to disciplinary action including possible payment for the deductible portion of damages to the vehicle.

(b) Overnight use of a city vehicle will require the written recommendation of the department head and the approval of the city manager before a vehicle is driven home. Such use will be authorized only under the following conditions:

(1) The employee is a division or department head whose regular duties require frequent use of a vehicle overnight.

(2) The employee holds a position with duties and responsibilities involving emergency services or involving on-call or standby status.

(c) In addition to the rules for operating a city vehicle, employees who are assigned overnight use of city vehicles will adhere to the following rules:

(1) Off-street parking will be provided when the vehicle is parked at the employee's residence.

(2) Under no circumstances will the vehicle be used for transporting members of the employee's family or for anything pertaining to personal business or pleasure.

(3) The vehicle will be turned in to the employee's department when, for any reason, the employee is absent for more than two (2) days. In case of illness or inability to turn the vehicle in, the division or department head will be notified immediately.

(4) The employee will be responsible for having the vehicle maintained in clean condition.

(d) Vehicle assignments may change from time to time, and each vehicle will be available for other purposes when not being used by the employee to whom it is normally assigned.

(e) All vehicles which are not to be driven home by employees will remain parked overnight at the municipal center, water department, etc.

(f) In accordance with the requirements of the Deficit Reduction Act of 1984, income related to use of city vehicles on an overnight basis will be reported for any employee so assigned with the exceptions noted below:

(1) The vehicle is a clearly marked police vehicle.

(2) The vehicle is a qualified specialized utility repair truck. The term "qualified specialized utility repair truck" means a truck (not including a van or pickup truck) specifically designed and used to carry heavy tools, testing equipment or parts where:

(1) the shelves, racks, or other permanent interior construction which has been installed to carry and store such heavy items is such that it is unlikely that the truck will be used more than a very minimal amount for personal purposes; and,

(2) the employer requires the employee to drive the truck home in order to be able to respond in emergency situations for purposes of restoring or maintaining water or sewer utility purposes.

(3) Other exceptions as set forth in IRS rules/guideline.

(g) Income reported will be directly based on actual round trip mileage from workplace to home at the standard rate set by the Internal Revenue Service (IRS). All employees assigned a city vehicle for overnight use will certify mileage on Form No. 0202 and forward the form to the finance department. Form No. 0202 may be obtained from the human resources department.

(h) It is the department head's responsibility to notify the finance department when overnight city vehicle assignments are made or changed.

(Ord. No. 2001-08, § 1, 6-19-01,Ord. No. 2019-06, § 1, 4-3-19, Transferred to 2-230.16)

§ 2-230.12. Social Media
Effective on Wednesday, April 3, 2019

(a) The City of Lake Wales permits departments to utilize social media sites and social networking sites (collectively “social media sites”) to further enhance communications with its residents and various stakeholders in support of the City’s goals and objectives. City departments have the ability to publish articles, facilitate discussions and communicate information through such media to conduct official City business. Social media sites facilitate further discussion of City government business, operations and services by providing members of the public the opportunity to participate in many ways using the Internet. This policy sets forth general guidelines that must be adhered to with respect to utilization of social media sites for official City purposes. Questions regarding this Policy should be directed to the Human Resources Director. These guidelines may be supplemented by more specific administrative procedures and rules as may be issued. Furthermore, this Policy may be amended from time to time, and is meant to be read in conjunction with all other applicable policies and procedures of the City of Lake Wales.

(Ord. No. 2019-06, § 1, 4-3-19)

§ 2-230.13. Employee recognition program.* [Transferred to 2-230.17]
Effective on Wednesday, April 3, 2019

(a) The purpose of the employee recognition program is to recognize and officially reward outstanding employee performance and contributions to the city. This recognition program is to allow directors and department heads to encourage and acknowledge excellence in city service. An award may be given to an individual or team in recognition of measurable accomplishments significant to the city's mission or goals. Examples of accomplishments that may be recognized include but are not limited to the following:

(1) Suggestions that eliminate waste or result in verifiable cost savings.

(2) Innovative solutions to a difficult or challenging task that merits recognition.

(3) Team work and enthusiasm in accomplishing significant or unusually difficult assignments.

(4) Consistently producing high quality work.

(5) Suggestions or procedures for eliminating accidents that are adopted and implemented.

(6) Suggestions or procedures to improve service or operations that are adopted and implemented.

(7) One-time achievement of measurable significance.

(8) Outstanding customer service.

a. Each director and department head is delegated the responsibility of recognizing employees in their respective department.

b. Awards and recognition will be provided in the form of a non-cash recognition and will be submitted on HR Form (008) for final approval by the city manager.

c. Examples of non-cash awards include, but are not limited to the following:

1. Certificates of recognition signed by the city manager.

2. Gift certificates to local restaurants.

3. T-shirts.

4. Mugs.

5. Movie tickets.

6. Plaques.

d. The human resources department will coordinate the employee recognition program to include preparation and/or purchase of awards.

(Ord. No. 2001-08, § 1, 6-19-01,Ord. No. 2019-06, § 1, 4-3-19, Transferred to 2-230.17)

§ 2-230.13. Definitions
Effective on Wednesday, April 3, 2019

(a) Social media sites and social networking sites refer to websites that facilitate user participation, networking, and collaboration through the submission of user generated content. Social media in general includes tools such as: blogs, wikis, microblogging sites, such as Twitter; social networking sites, such as Facebook and LinkedIn; and video sharing sites, such
as YouTube. 

(b) A social media identity is a specific user identity or account that has been registered on a third party social media site. 

(c) A moderator is an authorized City of Lake Wales  employee, who reviews, authorizes and allows content submitted by the City officials, employees and public commentators to be posted to a City of Lake Wales social media site or sites.

(Ord. No. 2019-06, § 1, 4-3-19)

§ 2-230.14. Policy
Effective on Wednesday, April 3, 2019

(a) All City social media sites shall be: 

1) Approved by the City Manager or his designee: and 

2) Published using social media platform and tools approved by the Information Technology Department (“IT”). 

(b) The official posting for the City will be done by the Public Information Officer or their designee. 

(c) Departments have the option of allowing employees to participate in existing social media sites as part of their job duties, or allowing employees to create social media sites as part of their job duties. Department Heads may allow or disallow employee participation in any social media activities in their departments. 

(d) All City social media sites shall adhere to applicable state, federal and local laws, regulations and policies including the Public Records Law, Public Records retention schedules, Open Meeting Law, Copyright Law and other applicable City policies. 

(e) Public Records Law and e-discovery laws and policies apply to social media content. Accordingly, such content must be able to be managed, stored and retrieved to comply with these laws. Furthermore, once such content is posted on a social media site, it should stay posted, unless it is removed for one of the reasons set forth below in paragraph (K) 1-12, or it is changed to fix spelling or grammar errors. 

(f) All social media sites and entries shall clearly indicate that any content posted or submitted is subject to public disclosure. 

(g) Each City social media site shall include an introductory statement which clearly specifies the purpose and scope of the social media/network site. Where possible, social media sites should link back to the official City of Lake Wales Internet site for forms, documents and other information. 

(h) Each City social media site shall indicate to users that the site is subject to a third party’s website Terms of Service. Furthermore, each City social media site shall indicate that: the social media site provider could collect personal information through user’s use of the social media site; and that this personal information may be disseminated by the third party; and that such dissemination may not be governed or limited by any state, federal or local law or policy applicable to the City. 

(I) All social media sites shall clearly indicate they are maintained by the City of Lake Wales and shall have the City contact information prominently displayed. 

(j) The City reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. 

(k) City social media content and comments containing any of the following forms of content shall not be allowed for posting: 

1) Comments or content not typically related to the particular site or blog article being commented upon; 

2) Profane, obscene, or vulgar language or content; 

3) Comments or content that promotes, fosters or perpetuates discrimination on the basis of race, color, gender, gender identity, national origin, religion, ancestry, age, sexual orientation, disability, maternity leave, genetic information, or active military status; 

4) Comments or content that is threatening or harassing; 

5) Sexual comments, content, or links to sexual content; 

6) Conduct or encouragement of illegal activity; 

7) Information that may tend to compromise the safety or security of the public or public systems;

8) Content that violates a legal ownership interest of any other party; 

9) Protected health information; 

10) Personal information; or 

11) Other information that is not public record or is otherwise privileged from public disclosure. 

12) Sharing any content from an elected official’s social media page(s).

(l) All City social media moderators shall be trained regarding the terms of this policy, including their responsibilities to review content submitted for posting to ensure compliance with the policy. 

(m) Where appropriate, City IT security and/or computer use policies shall apply to all social media sites and articles. 

(n) Employees representing the City via social media sites must conduct themselves at all times as a representative of the City and in accordance with all applicable rules, regulations, and policies (including personnel policies) of the City. 

(o) No City or department social media site can endorse or otherwise cite (either with approval or disapproval) vendors, suppliers, clients, citizens, co-workers or other stakeholders. 

(p) Employees found in violation of this policy may be subject to disciplinary action, up to and including termination of employment. 
 

(Ord. No. 2019-06, § 1, 4-3-19)

§ 2-230.15. Guidelines for Use of Social Media Sites
Effective on Wednesday, April 3, 2019

(a) Electronic Communications and Computer Usage Policy. All employees are responsible for understanding and following the City's Electronic Communications and Computer Usage Policy, in addition to this Policy.  

(b) First Amendment Protected Speech. Although the City can moderate the social media sites that accept comments from the public (such as blogs and wikis) to restrict speech that is obscene, threatening, discriminatory, harassing, or off topic, employees cannot use the moderation function to restrict speech with which the City merely disagrees (i.e. subject matter restrictions). Users have some First Amendment rights in posting content to public social media sites hosted by municipalities. Moderators must respect those rights by posting all comments other than those excluded for specific legitimate reasons, as referenced above.

(c) Copyright Law. Employees must abide by laws governing copyright and fair use of copyrighted material owned by others. Never reprint whole articles or publications without first receiving written permission from the publication owner. Never quote an excerpt of someone else’s work without acknowledging the source, and, if possible, provide a link to the original.

(d) Conflict of Interest. Employees are prohibited from using social media to engage in any activity that constitutes a conflict of interest for the City or any of its employees.

(e) Protect Confidential Information. Never post legally protected personal information that you have obtained from the City   (e.g., information that is not public record under the Public Records Law or whose dissemination is restricted under applicable Federal or State privacy laws or regulations). Ask permission to publish or report on conversations that occur within the City. Never post information about policies or plans that have not been finalized by the City, unless you have received explicit permission from your supervisor to post draft policies or plans on the department’s social media sites for public comment.

(f) Consider Your Content. As informal as social media sites are meant to be, if they are on a government domain or a government identity, they are official government communications. Social media sites will be sought out by mainstream media – so a great deal of thought needs to go into how you will use the social media in a way that benefits both the City and the public. Employees should not comment about rumors, political disputes, or personnel issues, for example.

(g) Handling Negative Comments. Because the purpose of many social media sites, particularly department blogs and wikis, is to get feedback from the public, you should expect that some of the feedback you receive will be negative. Some effective ways to respond to negative comments include:

1) Providing accurate information in the spirit of being helpful;

2) Respectfully disagreeing; and

3) Acknowledging that it is possible to hold different points of view.

(h) Respect Your Audience and Your Coworkers. Do not use ethnic slurs, personal insults, obscenity, or engage in any conduct that would not be acceptable in your department’s workplace. Do not be afraid to be yourself, but do so respectfully. This includes not only the obvious (no ethnic slurs, personal insults, obscenity, threats of violence, etc.) but also proper consideration of privacy and of topics that may be considered objectionable or inflammatory— such as party politics and religion. Do not use your department’s social media presence to communicate among fellow City employees. Do not air your differences with your fellow City employees on your department’s social media’s sites.

(I) Use the Social Media Site or Identity Only to Contribute to your Department’s Mission. When you contribute to your department’s social media site or identity, provide worthwhile information and perspective that contribute to your department’s mission of serving the public. What you publish will reflect on the City. Social media sites and identities should be used in a way that contributes to the City’s mission by:   

1) Helping you and your co-workers perform their jobs better;

2) Informing citizens about government services and how to access them;

3) Making the operations of your department transparent and accessible to the public;

4) Creating a forum for the receipt of candid comments from residents about how government can be improved; and

5) Encouraging civic engagement.

(j) Mistakes. The City policy is that once something is posted, it should stay posted. Only spelling errors or grammar fixes should be made without making the change evident to users. If you choose to modify an earlier post, make it clear that you have done so—do not remove or delete the incorrect content; provide the correct information and apologize for the error. Ways to accomplish this include:

1) Strike through the error and correct; or

2) Create a new post with the correct information, and link to it from the post you need to correct or clarify.

Either method is acceptable. In order for the social media identity or site to achieve transparency, the City cannot change content that has already been published without making the changes clearly evident to users.

(k) Media Inquiries. City or department social media identities or sites may lead to increased inquiries from the media. If you are contacted directly by a reporter, you should refer media questions to the Public Information Officer.

(l) Personal Comments. Make it clear when you are speaking for yourself as a resident or stakeholder, and not on behalf of the City of Lake Wales. If you publish content on any website of the City and it has something to do with the work you do or subjects associated with the City, use a disclaimer such as this: “The postings on this site are my own and don’t necessarily represent the City’s positions or opinions.”

(m) Employee  Profile. If you identify yourself as a City employee  ensure your profile and related content is consistent with how you wish to present yourself to colleagues, residents and other stakeholders.

(n) Defamation. Be aware that employees acting in their individual capacity (not on behalf of the City) are not immune from defamation claims. Under the law, defamation is established by showing that the defendant published a false, non-privileged statement about the plaintiff to a third party that either caused the plaintiff economic loss or was of the type that is actionable without proof of economic loss.  Avoid statements that may be interpreted as defamatory.

(o) Records Retention. Social media sites will contain communications sent to or received by employees, and are therefore Public Records. Ensure that the City or department retains a copy of the social media content in accordance with Public Records Retention Schedules. Review the third party social media service provider’s terms of service for its record retention practices. Note that while third party social media providers will most likely save your content for some period of time, they generally will not save it indefinitely. To the extent their policies are inconsistent with Public Records Retention Schedules, the City or department should retain copies of social media posts such as by printing or otherwise storing periodic “snapshots” of the social media sites.

(p) Open Meeting Law. Be aware of the Open Meeting Law and possible violations for improper deliberations outside of a posted meeting. A series of individual postings on a social media site cumulatively may convey the position of a quorum of a governmental body regarding a subject within its jurisdiction, and may constitute improper deliberation among the members of a board or committee.

(Ord. No. 2019-06, § 1, 4-3-19)

§ 2-230.16. Take home vehicles
Effective on Wednesday, April 3, 2019

(a) Some city employees have city vehicles at their disposal so they may carry out their duties properly. Because city vehicles are distinctly marked, the way they are operated has a direct impact on the public image of the city. Employees operating city vehicles will adhere to the following rules:

(1) Operator will possess a valid Florida driver's license.

(2) All vehicular safety laws will be observed.

(3) Safety belts will be used at all times when the vehicle is in operation.

(4) In the event that a city vehicle is involved in an accident, the employee will notify the appropriate law enforcement agency and the employee's immediate supervisor.

(5) City vehicles will be used for official business only; they will not be used for pleasure or personal business under any circumstances.

(6) Any employee who abuses a city vehicle in any manner will be subject to disciplinary action including possible payment for the deductible portion of damages to the vehicle.

(b) Overnight use of a city vehicle will require the written recommendation of the department head and the approval of the city manager before a vehicle is driven home. Such use will be authorized only under the following conditions:

(1) The employee is a division or department head whose regular duties require frequent use of a vehicle overnight.

(2) The employee holds a position with duties and responsibilities involving emergency services or involving on-call or standby status.

(c) In addition to the rules for operating a city vehicle, employees who are assigned overnight use of city vehicles will adhere to the following rules:

(1) Off-street parking will be provided when the vehicle is parked at the employee's residence.

(2) Under no circumstances will the vehicle be used for transporting members of the employee's family or for anything pertaining to personal business or pleasure.

(3) The vehicle will be turned in to the employee's department when, for any reason, the employee is absent for more than two (2) days. In case of illness or inability to turn the vehicle in, the division or department head will be notified immediately.

(4) The employee will be responsible for having the vehicle maintained in clean condition.

(d) Vehicle assignments may change from time to time, and each vehicle will be available for other purposes when not being used by the employee to whom it is normally assigned.

(e) All vehicles which are not to be driven home by employees will remain parked overnight at the municipal center, water department, etc.

(f) In accordance with the requirements of the Deficit Reduction Act of 1984, income related to use of city vehicles on an overnight basis will be reported for any employee so assigned with the exceptions noted below:

(1) The vehicle is a clearly marked police vehicle.

(2) The vehicle is a qualified specialized utility repair truck. The term "qualified specialized utility repair truck" means a truck (not including a van or pickup truck) specifically designed and used to carry heavy tools, testing equipment or parts where:

(1) the shelves, racks, or other permanent interior construction which has been installed to carry and store such heavy items is such that it is unlikely that the truck will be used more than a very minimal amount for personal purposes; and,

(2) the employer requires the employee to drive the truck home in order to be able to respond in emergency situations for purposes of restoring or maintaining water or sewer utility purposes.

(3) Other exceptions as set forth in IRS rules/guideline.

g) Income reported will be directly based on actual round trip mileage from workplace to home at the standard rate set by the Internal Revenue Service (IRS). All employees assigned a city vehicle for overnight use will certify mileage on Form No. 0202 and forward the form to the finance department. Form No. 0202 may be obtained from the human resources department.

(h) It is the department head's responsibility to notify the finance department when overnight city vehicle assignments are made or changed.

(Ord. No. 2001-08, § 1, 6-19-01,Ord. No. 2019-06, § 1, 4-3-19, Transferred from 2-230.12)

§ 2-230.17. Employee recognition program.*
Effective on Wednesday, April 3, 2019

(Ord. No. 2001-08, § 1, 6-19-01,Ord. No. 2019-06, § 1, 4-3-19, Transferred from 2-230.13)

§ 2-231. Employees in positions critical to security and public safety.
Latest version.

Any person who is or shall be employed or appointed to a position with the city designated as critical to security or public safety or having access to any city owned or operated facility designated as critical to security or public safety in accordance with division 4 of this article shall be subject to all requirements of said division 4.

(Ord. No. 2003-16, § 1, 6-3-03)