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HomeMy WebLinkAboutCode Master Project 1978: Chapter 351: Personnel PolicyCodify Codified Apr 1990 ORDINANCE NO. 16-90 AN ORDINANCE AMENDING CHAPTER 351 , PERSONNEL POLICY, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY REQUIRING ANNUAL PERFORMANCE EVALUATION OF CITY MANAGER; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH ; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1 . Chapter 351 , Personnel Policy, of the Code of Ordinances of the City of Cape Canaveral, Florida is hereby amended by deleting Sections 14 . 01 and 14 . 02 in their entirety and replacing with the following: Employee Performance Evaluations 14 . 01 Policy The purpose of the employee performance evaluation is to measure objectively as possible both the employee ' s strengths and weaknesses, and the manner in which the employee performs in relation to assigned duties and job description. The employee evaluation shall be utilized as a tool and as a guide , and to be of benefit to both the employee and the City. All City employees, including the City Manager, shall undergo this evaluation. 14 . 02 Procedure Performance evaluation reports shall be completed on all employees, prior to the completion of the pro- bationary period and then annually on or before the employee ' s annual review date. Delayed evaluations will be explained and justified to the City Manager in writing. Special performance evaluation reports may be conducted as called for in Section 14 . 05. A performance evaluation report shall be prepared and an evaluation interview conducted by the employee ' s rater (supervisor ) . An employee shall not receive a merit increase until each required performance evaluation has been dis- cussed with the employee by his/her rater ( immediate supervisor) and the evaluation form submitted to the City Manager. All performance evaluation reports shall be reviewed by the City Manager. The City Council shall evaluate the performance of the City Manager annually, on the anniversary date of employment, or as often as the Council deems necessary. Ordinance NO. 16-90 Page 1 of 2 SECTION 2 . All portions of the Code in conflict here- with are hereby repealed . SECTION 3 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of April , 1990. [signature] Mayor ATTEST: [signature] Deputy City Clerk Approved as to Form: [signature] City Attorney First Reading: 3-20-90 Posted: 3-21-90 Advertised: 3-22-90 Second Reading: 4-3-90 NAME YES NO ARABIAN YES PORTER YES RANDELS YES SALAMONE YES THURM YES Ordinance No. 16-90 Page 2 of 2 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407 783-1 100 CITY OF CAPE CANAVERAL . November 21 , 1989 FIRST ERRATA SHEET CODE CHAPTER 351, PERSONNEL POLICY WHEREAS, Ordinance No. 15-89 adopted a new Personnel Procedure Manual for the employees of the City of Cape Canaveral , Florida; and WHEREAS, the Accrual of Annual Leave specified in Section 10 . 04 of said personnel policy specified 30 leave days earned per year after 15 years of employment; and WHEREAS, the intended number of leave days was 20 ; and WHEREAS, a typographical error was responsible for the clerical mistake; and NOW, THEREFORE, this error has been rectified and the accural rate shall be 20 leave days earned per calendar year for 15 or more years of employment. [signature] James S. Theriac City Attorney dan typed but not proofread § 351 . 06 PERSONNEL POLICY § 351 . 06 (K) Termination of Employment (1) In order to resign in good standing , employees in permanent positions should give at least two weeks notice of their intentions. In event of failing to observe this requirement , the department head will have the discretionary authority to terminate employment the date the employee ' s intent to resign is received. All terminated employees will be re- quired to surrender and return to their department or other proper source all records and property of the City of Cape Canaveral which may be in their possession or custody . (2) Requests for immediate payment of accrued wages and other benefits will be honored in cases where employees are being dismissed on short notice. Other- wise department heads should not submit supplemental payrolls unless approval for doing so has been obtained from the City Manager and City Treasurer. amended postrn start here (L) Complaints and Grievances - It shall be the general policy of the City to anticipate and avoid occurrences of valid complaint or grievances , and to deal promptly with any which may arise . Except where there is an acceptable reason for not doing so , all matters of this nature will be handled and transmitted through supervisors in the following order : § 351 . 06 PERSONNEL POLICY § 351 . 06 (1) Immediate supervisor (2) Department head (3) City Manager Each of the above officers will discuss all relevant circumstances with the person or persons immediately concerned , notify the City Manager and endeavor to adjust the matter to the extent of his authority on a basis satisfactory to all parties concerned , and subject to review and approval by the City Manager . If , within five (5) days , any of the above officers is unable to effect a satis- factory adjustment of a particular problem or question , he will in turn submit the problem to the next authority indicated , together with a written re- port setting forth each information and recommendation that he may consider pertinent . If and when such matters are referred to the City Manager , he will make such further investigation as he may consider necessary, following which he shall render a personal decision no later than ten (10) days after the problem has been referred to him, or he shall review his decision with the City Council at the next regular City Council meeting after the matter has been refer- red to the City Manager . Either the action of the City Council or the City Manager shall be final and binding upon all parties concerned , unless a further appeal by the employee is taken in accordance with Chapter 361 . (Ord . #9-79 , §1 , 19 June , 79) Amendment ends here ok all done to here To be codified File Code History 351 ORDINANCE NO. 15-89 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 351 , "PERSONNEL POLICY" OF THE CODE OF ORDINANCES; REPEALING THE CHAPTER IN ITS ENTIRETY AND REPLACING WITH A NEW CHAPTER; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral , Brevard County, Florida, as follows: SECTION 1 . Chapter 351 of the Code of Ordinances is hereby repealed in its entirety. SECTION 2 . The amended Personnel Procedures Manual is here- by adopted and incorporated into the Code of Ordinances as Chapter 351 . A copy of the Personnel Procedures Manual is on file in the office of the City Clerk and made a part of this Ordi- nance by reference. SECTION 3 . All portions of the Code in conflict herewith are hereby repealed. SECTION 4 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of October , 1989 . [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney First Reading: 10-3-89 Posted: 10-4-89 Advertised: 10-5-89 Second Reading: 10-17-89 NAME YES NO HOOG NO KIDD YES RANDELS Absent SALAMONE YES THURM YES ORDINANCE NO. 12-84 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING CHAPTERS 351 AND 361 OF THE CODE OF ORDINANCES AND REPLACING THEM WITH CHAPTER 351, "PERSONNEL POLICY" ; ESTABLISHING A PERSONNEL POLICY; PROVIDING FOR PROCEDURES FOR ADMINISTRATION OF THE PERSONNEL POLICY; ADOPTING A PERSONNEL POLICY AND PROCEDURES MANUAL; REPEALIINGI ALL PORTIONS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, deems it advisable and in the best interest of the City of Cape Canaveral and its employees, to revise the existing personnel policies; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has formulated a program of personnel policies, a copy of which is attached hereto and made part hereof; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Chapter 351, "Personnel Policy" , and Chapter 361, "Administrative Review" , are hereby repealed in their entirety. SECTION 2 . The Personnel Policy and Procedures which are attach hereto and made a part hereof by reference is hereby adopted as Chapter 351, "Personnel Policy" , of the City Code of the City of Cape Canaveral, Florida. This Chapter shall be published in manual form and a true and correct copy shall be maintained in the office of the City Clerk at all times. SECTION 3 . All portions of the City Code in conflict herewith are hereby repealed. SECTION 4 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of June , 1984. [signature] Mayor ATTEST [signature] Deputy City Clerk Approved as to Form: [signature] City Attorney NAME YES NO CALVERT [no vote] FISCHETTI YES NICHOLAS YES WINCHESTER [no vote] Permission to Advertise 5-15-84 First Reading: 6-5-84 Posted: 5-16-84 Advertised: 5-25-84 Second Reading: 6-19-84 [this entire page is scribbled out] [this entire page is scribbled out] Sec. 351.02 Definitions WORK DAY - Hours of work refers to the number of hours an employee is scheduled to work in any twenty-four hour period. WORK-WEEK - Work-week refers to the number of hours reg .arly scheduled to be worked during any seven consecutive d s, as defined in job description. (Regular work-week = 40 hours) PERMANENT EMPLOYEE - A permanent employee is one who has sat- isfactorily completed his period of probation and wArks full time. TEMPORARY EMPLOYEE - A temporary employee is one who is em- ployed for an indefinite period of time, but usually not to exceed six months. PART-TIME EMPLOYEE - A part-time employee is an employee who serves in a position requiring no more than 75 per cent nor less than 25 per cent of a normal work week. OVER-TIME PAY - Over-time pay means the compensation made for the work done in excess of the normal work period. IMMEDIATE FAMILY - Immediate family means husband, wife, son, daughter, father, mother, father-in-law, mother-in-law, brother, sister, or any relative living in the same household. SECOND DEGREE OF AFFINITY - Degrees of affinity refer to the relationships existing due to marriage. The second degree re- fers to the relationship of a man to his mother-in-law or father- in-law. THIRD DEGREE OF CONSANGUINITY - Degrees of consanguinity refer to relationships of birth or blood. The third degree of consan- guinity refers to a relationship between a person and his nephew, niece, uncle or aunt. PAGE 3 OF 38 [this entire page is scribbled out] 351.04 QUALIFICATIONS (A) PHYSICAL STANDARDS Except as herein provided, all new employees will be required to satisfactorily undergo a prescribed medical and physical examination to be made by medical authority designated by the City. The purpose of the examination will be the determination and certi- fication of physical fitness and ability to perform duties of the positions to which appointment is being considered. A physical examination may be required of any employee at any time. Physically handicapped persons - 3 - PAGE 5 OF 38 will be considered for employment in certain positions provided they execute a suitable form acknowledging .the pre-existance of their condition and certifying that they have been fully informed regarding the duties and working conditions of the positions in which they are to be employed. Medical examinations required by the City will be at the City's expense. (B). AGE REQUIREMENTS - Where no limits are specified the minimum and maximum ages for initial employment will vary in accordance with the duties and responsibilities of the position, the conditions under which they are to be per- formed and according to the best/' judgement of the depart- ment head. However, no person !under 18 years of age or over 65 years of age will be hired in any full time posi- tion. Continued employment after age 65 will be at the discretion of. (C) POLITICAL AND RELIGIOUS AFFILIATIONS - No political, fraternal, or religious affiliations shall be considered as qualifying or disqualifying conditions of employment with the City of Cape Canaveral nor shall such affilia- tions be permitted to influence any action or recommenda- tion relating to present employees. 351.05 RESTRICTIONS NEPOTISM - No person related within the second degree of affinity or within the third degree by consanguinity to the Mayor, Councilmen shall be em- ployed in any office position, clerkship or paid service of the City of Cape Canaveral. SECTION IV PERSONNEL POLICIES (A) BASIS OF EMPLOYMENT - All employment with the City shall be based on merit, ability and physical and moral fitness. - 4 - PAGE 6 OF 38 as evidenced by: 1) Training and experience as reflected by the application form and other documentation, cer- tification, registration, etc. as requested. 2) Mental examination or performance tests if de- sired. 3) Pre-employment physical examination. 4) Character and/or credit investigation by the City Manager and/or head of the department con- cerned. 5) A new employee will be on probation for a period of six (6) months, during which time he may be terminated at the discretion of the City Manager and/or department head. 6) The initial week's pay of a new employee will be retained by the City until the termination of his employment. B. TYPE OF POSITIONS Permanent - These are positions with a required work week equaling or exceeding the full time established work week. These are positions which offer career possibilities and the ultimate likelihood of retirement. Temporary - These are positions (with a part-time, full- time or an hourly basis) anticipated to be of comparatively short time or definitely limited in duration. C. RESIDENCE - All other qualifications being equal, appli- cants living inside the corporate limits of the City of Cape Canaveral may be given preference when appointments to positions are being made. - 5 - PAGE 7 OF 38 F. PROMOTIONS - In-so-far as may be consistent with the in- terest of the City, vacancies in job classifications may be filled by promotion of qualified employees in lower classifications. G. AUTHORITY FOR ABSENCE - No employee shall be absent from his regular scheduled duties except by authority of his department head or responsible supervisor. Employees absent due to reasons beyond their control will be res- ponsible for explaining their absence to the department head or other responsible authority as soon as possible after the beginning of their assigned shift or regular schedule of duties. Except in cases of leaves incident to vacation or illness all absences for periods in excess of one week must be approved by the City Manager. H. SPECIFIC GROUNDS FOR DISMISSAL - Any of the following acts of conduct on the part of an employee will constitute. grounds for prompt dismissal by either the department head or City Manager. 1) Conviction under a felony charge: 2) Repeated convictions of misdemeanor charges such as speeding, reckless driving, or accidents in- volving injury to persons or damage to property or equipment. - 6 - PAGE 8 OF 38 3) Use of intoxicates while on duty or reporting for scheduled duty under the influence of alcohol. 4) Flagrant or persistent insubordination. 5) The unauthorized use or possession of narcotics* or other dangerous drugs (narcotics - shall be defined as set forth in Chapter 398 of the Florida Statutes, most current edition) . 6) Inciting or engaging in strikes or riots. 7) Misappropriation or unauthorized use of city equipment, tools, machines, funds, etc . 8) Incompetence or repeated neglect of duty. 9) Repeated failure or neglect to meet credit ob- ligations, particularly open accounts. . 10) Unauthorized absence from duty without satisfactory explanation. 11) Falsifying employment application. J. DISCIPLINARY SUSPENSIONS - Under justifiable circumstances, the office head may suspend an employee without pay for a period not in excess of sixty days. Any offense of a similar nature occuring within three years will constitute grounds for dismissal. J. RE-EMPLOYMENT OF DISMISSED PERSONS - Persons who have been dismissed from the municipal service will not ordinarily be considered for re-employment. K. TERMINATION OF EMPLOYMENT 1) In order to resign in good standing, employees in permanent positions should give at least two - 7 - PAGE 9 OF 38 weeks notice of their intentions. In event of failing to observe this requirement, the depart- ment head will have the discretionary authority to terminate employment the date the employee' s intent to resign is received. All terminated employees will be required to surrender and re- turn to their department or other proper source all records and property of the City of Cape Canaveral which may be in their possession or custody. (2) Requests for immediate payment of termination pay will ibe honored in cases where employees are being dismissed on short notice. Otherwise de- partment heads should not submit supplemental pay- rolls unless approval for doing so has been ob- tained from the City Manager. L COMPLAINTS AND GRIEVANCES - It shall be the general policy of the City to anticipate and avoid occurrencesof valid complaints or grievances, and to deal promptly with any which may arise. Except where there is an acceptable reason for not doing so, all matters of this nature will be handled and transmitted through supervisors in the following order: 1) Immediate supervisor 2) Department head 3) Office Head Each of the above officers will discuss all relevant cir- cumstances with the person or persons immediately con- cerned, notify the Office Head , and endeavor to adjust the matter to the extent of his authority, on a basis satisfactory to all parties concerned, and subject to review and approval by the Office Head. If unable to effect a satisfactory adjustment of a particular problem or question, each of the above officers will in turn submit - 8 - PAGE 10 OF 38 the problem to the next authority indicated, together with a written report setting forth such information and recommendations as he may consider pertinent . If and when such matters are referred to the City Manager, he will make such further investigation as he may consider necessary, following which he may either render a per- sonal decision or review his decision with the City Council, either of which actions should be final and binding upon all parties concerned. M. IMPARTIAL ACTION - No department head or other official of employee whose duties involve the approval or making of recommendations relative to the qualifications of can- didates for employment or promotion, or in connection with disciplinary action against employees, shall permit their recommendations or decisions to be unduly influenced by heresay information, or by the personal prejudice of either themselves or other persons. N. REQUEST FOR PERSONNEL - When departments submit requests to the City Manager or his authorized representative for persons to fill vacancies such requests shall include the title of the position to be filled and all other informa- tion as may be needed to enable the City Manager to satis- factorily find the personnel being sought by the department. Requests for personnel should be made reasonably far in advance of actual need when circumstances permit. 351.07 COMPENSATION (A) SALARY AND ADVANCEMENT 1) Entrance Salary Rates - Upon initial appointment to any position the salary shall be at the entrance or first step rate, except as otherwise provided herein, and advancement from the entrance rate to the maximum rate within a salary range shall be by successive steps. The City Manager may approve - 9 - PAGE 11 OF 38 initial compensation at higher steps in the appropriate salary schedule when experience, skill, training, or temporary conditions of the labor market justify the action. 2) Salary Rates After Separation - When an employee returns to duty in the same class or position after separation from service with the City of not more than one year, he may at the discretion of the department head receive the rate in the salary schedule corresponding to the step rate received at the time of his separation and may be paid such a rate for at least the length of time normally required for advancement to the next higher step. Any employee separated from employment with the City for more than one (1) year will be subject to the terms in Section V, 1 a. 3) Rate of Pay on Promotion - In any case where an employee is promoted to a position or a class with a higher salary schedule, the entrance rate shall be at the lowest step in the higher salary schedule that will provide an increase over the salary received immediately prior to such promo- tion. Subsequent advancement to higher steps in the new grade shall be on the same basis as des- cribed in Section V, 1 d. 4) Merit Advancement Within A Salary Schedule - Pro- gression from a step within a salary schedule to the next succeeding step shall be based on merit. The determination of merit being ascertained by the department head from periodic evaluation of the employee' s performance and submitted to the City Manager for approval or disapproval. Only in rare cases shall a merit increase be given - 10 - PAGE 12 OF 38 prior to the elapsed time as provided by Sec- tion V, 1 e. 5) Intervals in Salary Schedule - The minimum per- iods of service required prior to advancement to the next higher step within salary grades are based on the following: A) The minimum period of service required for the first salary advancement after appointment to a position shall be six months. This per- ` iod of service shall be known as the proba- tionary term of employment. B) The minimum period of service required for advancement into the next higher salary step within grade shall be after an employment period of twelve months and annually there- after until the employee reaches the top of his salary schedule. B. WAGES, HOURS, ETC. 1) Wages, salaries and working schedules for various positions shall be in accordance with the provi- sions of the official pay plan, including amend- ments, and within the limitations of the financial provisions of each department as approved by the City Council for each fiscal year. 2) Overtime work will be performed only on authori- zation of the department head, with the approval by the Office Head, to the extent necessary to meet essential operating requirements. Compensa- tion for authorized overtime work will be provided in the budget or as otherwise approved by the de- partment head and City Manager. 3) When employees in positions for which extra over- time pay is authorized are required to work one hour or more in excess of the normal daily work - 11 - PAGE 13 OF 38 schedule, such extra work will be indicated on the payrolls under the date on which it was per- formed and will be compensated at 1-1/2 times the regular rate. 4) Department heads and other administrative, super- visory, and professional personnel are expected to work for the number of hours necessary to properly perform the duties assigned. The salaries for such groups are determined and established in accordance with this assumption. 5) Part-time employees shall be paid on an hourly rate equivalent to the approximate annual hourly rate in the salary schedule for the position. Such hourly rate equivalent shall be computed by div- iding the annual salary by the normal number of working hours per year for the position. C COMPENSATORY TIME - An employee may be compensated for over- time work by allowing time off equal to 1-1/2 hours for each hour worked, provided the time off occurs within a 30 day period in which overtime is required. Compensating time off shall not accrue but shall be granted in lieu of mone- tary consideration, at the discretion of the department ' head or City Manager. 351.05 EMPLOYEE BENEFITS A. GROUP HOSPITALIZATION AND LIFE INSURANCE - Each employee of the City will be provided with group hospitalization insurance coverage at no cost to the employee. Life in- surance coverage on employees only and group hospitaliza- tion insurance coverage on employees dependents are avail- able at the expense of the employee. B. VACATIONS - Each employee, except those classified seasonal or part-time employees, shall be allowed vacation leave with pay at the rate of 10 working days annually. Vacation - 12 - PAGE 14 OF 38 leave shall accrue to the individual at the rate of 10/12 day per month each year. Vacation leave credit may be accumulated to a maximum of 10 working days each year and such leave shall normally be granted in periods of not less than five working days. Vacation periods for less than five working days may be granted by Office Heads, in instances where it is determined that such lesser period is not detrimental to the operations of the City. 1) Conditioned upon completion of six months ser- vice, employees in permanent positions will be eligible for vacation benefits, either as time off with pay or as terminal pay in cases of se- paration from city employment. 2) Vacation leave may be used to supplement absence leave on account of sickness or injury. 3) An employee, or his beneficiary in event of death, shall be paid for accrued vacation leave. 4) Holidays which occur during the period selected by the employee for his vacation leave shall not be charged against such vacation leave. 5) The period selected by the employee for his vaca- tion leave must have the prior approval of the department head. 6) An employee shall not be paid for earned vacation in lieu of his taking such vacation during any calendar year except in extreme cases, with approval of the City Manager. 7) Except in extreme cases when provided by depart- mental budget, it is not contemplated that vacation leaves will involve or necessitate the use of extra or "relief" employees. Department heads will arrange vacation schedules and reallo- cate duties on such a basis as to cause minimum - 13 - PAGE 15 OF 38 interference with the normal functions and operations of the City. 8) A "month of service" for figuring vacation and sick leave benefits will be allowed on parts of months as follows : a) The employee' s first month on the payroll will count only if he was hired on the first through the fifteenth. b) The employee' s last month on the payroll will count only if employment terminates on the sixteenth through the last day of the month. C. HOLIDAYS - The following days are paid holidays to be ob- served by all employees of the City: New Year Day Washington' s Birthday Memorial Day Independence Day Labor Day Thanksgiving Christmas Day Floating Holiday If any of the above holidays occur on a Saturday or Sun- day, the preceeding Friday or the following Monday shall be observed as holidays. Holidays must be taken as they occur. Accumulation of holidays will not be allowed. If, in the opinion of the City Manager, it becomes necessary for an employee to work on a scheduled holiday, then he shall authorize holiday leave for the employee to be taken within the following thirty days. D. LEAVES OF ABSENCE AND SICK LEAVE - Each employee shall be granted 5/12ths days sick leave allowance for each month of completed service. Sick leave allowance shall be used only by an employee when incapacitated and unable to per- form his duties due to sickness or non-service-connected - 14 - PAGE 16 OF 38 injury. Each employee will be allowed to accumulate a total of 200 sick leave hours, over a five year period, to be used when necessary as paid sick leave. Accumu- lated sick leave will not be reimbursed to any employee upon termination of employment with the City. 1) Sick leave will not be compensated for until an initial one year of employment has been completed, but the sick leave balance at the end of the six months probationary period will show credit retro- active to the date of original employment. 2) Employees who are absent more than three consecu- tive days due to illness shall be required to sub- mit a physician' s statement. Department heads are authorized to make any investigation of benefits claimed under this rule which they may deem necessary and to disapprove any claims not properly substantiated. This investigation may also re- quire a physical examination of the employee by a City designated physician. 3) Sick leave will not be authorized or reported for payroll periods of less than one-half of their regular work shift of any employee. Any authorized or substantiated absence for a shorter period under this rule need not be reported as sick leave. Frequent claims of benefits under this rule will constitute grounds for the assumption by the department head that the physical condition of the employee is below the standard necessary for the proper performance of his duties. Like- wise, evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the department head with the approval of the City Manager. - 15 - PAGE 17 OF 38 E. OCCUPATIONAL DISABILITY - All cases of injury occurring while the course of employment which require the employee' s absence from work shall be compensated under the provisions of the City' s insurance coverage and workmen' s compensation benefits as provided by the statutes of the State of Florida. The employee shall be considered absent with pay from the time of injury for a period not to exceed thirty days or until such time within the thirty day period that the case had been reviewed by proper authorities and a settle- ment has been reached. F. EMERGENCY LEAVE - The City Manager may grant emergency leave with pay for a period not to exceed three working days in any one calendar year to any employee who has completed six months of satisfactory service with the City. Such leave should normally be reserved for unusual circumstances such as death or serious illness in the immediate family. G. CONFERENCE LEAVE - The City Manager, with the approval of the City Council, may grant conference leave with pay, together with the necessary travel expenses in order that employees may attend conferences, schools, and similar events designed to improve their knowledge and efficiency, if considered to be in the best interest of the City. H. JURY DUTY - An employee who is legally summoned to serve on juries and in court trials may be permitted absence with pay for the time required by such duty. If excused or released from such service, the employee should report for his regular employment, and return any compensation, less allowed mileage, to the City. I. SPECIAL LEAVE - The City Manager may authorize special leave without pay to any employee. Such leave, if granted, shall not exceed six months. Leaves of absence without pay for any period of time greater than six months must be approved by the City Council. - 16 - PAGE 18 OF 38 SECTION 351.09 PERSONNEL RECORDS A. ACCOUNTING RESPONSIBILITIES 1) Department heads are responsible for maintaining complete and accurate records relative to all forms of leave, attendance and absence of their employees due to any cause and whether with or without pay. Each department head will be res- ponsible for reporting all forms of attendance and absence of each to their employees. Such records constitute the basis for preparation of departmental payrolls and will be preserved by departments for future auditing purposes. De- partment heads must necessarily keep a close check on attendance records and payrolls in order to insure that salary and wage expenditures stay within budgetary limits. 2) The City Manager is responsible for compliance of all departments with the requirements and policies established by the official salary plan and job classification plan, as well as depart- mental conformity with the established policies and rules governing vacation, sick leave, leave of absence, etc ., and will maintain permanent absentee records of each permanent employee. B. INDIVIDUAL PERSONNEL FILE - An individual personnel file shall be established for each employee of the City upon appointment and shall be maintained throughout the period of employment with the City. Each employee' s individual personnel file shall include, but not be limited to, an application for employment, a resume if applicable, periodic evaluation reports, a record of disciplinary action, if any, a record of initial salary and subsequent changes and a perpetual record of accrued vacation leave and sick leave. - 17 - PAGE 19 OF 38 [this entire page is scribbled out] Ready for Typing R. Scott 11-12-75 Ch 351 SECTION 351.01 Personnel Policies is created and adopted as the personnel policies of the City of Cape Canaveral, Florida. [Ord. No. 14-75, §1, 10 JUNE 1975] SECTION 2. All ordinances or parts thereof in conflict herewith, and specifically, Ordinance No. 9-70 of the City of Cape Canaveral, are hereby repealed. SECTION 3. This Ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 10th day of June , 1975. [signature] Mayor Protem Attest: [signature] City Clerk Approved as to form: [signature] City Attorney [signature] Sponsoring Council Member Ann Thurm NAME YES NO ABS MACLAY YES NICHOLAS YES RHAME YES SALVAGGIO YES THURM YES [this entire page is scribbled out] Sec. 351.02 DEFINITIONS A. WORK DAY - Hours of work refers to the number of hours an employee is scheduled to work in any twenty-four hour period. B. WORK WEEK - Work week refers to the number of hours regularly scheduled to be worked during any seven consecutive days, as defined in job description. (Regular work week - 40 hours) C. PERMANENT EMPLOYEE - A permanent employee is one who has satisfactorily completed his period of probation and works full time. D. TEMPORARY EMPLOYEE - A temporary employee is one who is em- ployed for an indefinite period of time, but usually not to exceed six months. E. PART-TIME EMPLOYEE - A part-time employee is an employee who serves in a position requiring no more than 75% nor less than 25% of a normal work week. F. OVER-TIME PAY - Over-time pay means the compensation made for the work done in excess of the normal work period, as established . and published by the City Manager. G. MAY - The word "may" shall be interpreted as permissive. H. SHALL - The word "shall" shall be interpreted as mandatory. I. WILL - The word "will" shall be interpreted as mandatory. J. NEPOTISM - Nepotism is the employment of relatives. K. IMMEDIATE FAMILY - Immediate family means spouse, children, mother, father, sister, brother, grandmother, grandfather, mother- in-law,in-law, father-in-law, and grandchildren. L. SECOND DEGREE OF AFFINITY - Degrees of affinity refer to the relationships existing due to marriage. The second degree refers to the relationship of a man to his mother-in-law or father-in-law. M. THIRD DEGREE OF CONSANGUINITY - Degrees of consanguinity refer to relationships of birth or blood. The third degree of consan- guinity refers to a relationship between a person and his nephew, niece, uncle or aunt. [Ord. No. 14-75, 10 JUN 1975] 1. SECTION 351.03 AUTHORIZATION, RESPONSIBILITY AND ADMINISTRATION. A. AUTHORIZATION - Except for those positions established by the City Charter, Ordinances and/or Resolutions, all positions or offices in the City of Cape Canaveral together with rates of pay are created and authorized by the City Manager with approval of the City Council. B. RESPONSIBILITY - The City Manager shall be responsible for, but may delegate, the work of administering these policies and procedures including, but not limited, to the processing of salary adjustments, the determination of proper salary rates within the existing ordinance provisions and the preparation of recommenda- tions and initiation of approved revisions of salary schedules based on changes on cost of living and prevailing rates of pay for compar- able positions outside the City service. Any changes in the salary schedule shall be recommended by the City Manager, subject to approval by the City Council. The City Manager, with the assist- ance of others designated by him, shall develop a program of over- all personnel administration including, but not limited to, in-service training, career development and employee and vehicular safety programs. C. ADMINISTRATION - Department heads will be responsible for effective administration of these policies and procedures within their respective departments. However, routine matters pertaining to enforcement or accomplishment may be delegated. Department heads will also enforce and maintain proper standards of discipline and personal conduct among their employees and are vested with discretionary authority to practice the following suggested forms and sequence of remedial measures incident to the operating rules of their department. (1) Calling the attention of any employee to any unsatis- factory conduct or performance of duties. 2. (2) Personal reprimand of the employee. (3) Suspension of the employee without pay for an appropriatcause, subject to review and approval by the City Manager. (3) Demotion of employee to a position in a lower class- ification, subject to review and approval by the City Manager. (5) Dismissal of an employee subject to review and approval by the City Manager. The City Manager shall inform the City Council of the hiring, dis- missal or promotion of any employee. Department heads shall be directly responsible for furnishing activity reports to the City Manager and City Council as directed by the City Council. [Ord. No. 14-75, §1, 10 JUN 1975] SECTION 351.04 QUALIFICATIONS A. PHYSICAL STANDARDS - Except as herein provided, all new employees will be required to satisfactorily undergo a prescribed medical and physical examination to be made by medical authority designated by the City. The purpose of the examination will be the determination and certification of physical fitness and ability to perform duties of the positions to which appointment is being con- sidered. ' A physical examination may be required of any employee at any time. Physically handicapped persons will be considered for employment in certain positions provided they execute a suit- able form acknowledging the pre-exist..nce of their condition and certifying that they have been fully informed regarding the duties and working conditions of the positions in which they are to be employed. Medical examinations required by the City will be at the City's expense. B. AGE REQUIREMENTS - Age limits may be indicated in some job specifications. Where no limits are specified the minimum and maximum ages for initial employment will vary in accordance 3. with the duties and responsibilities of the position, the conditions under which they are to be performed and according to the best judgment of the department head. However, no person under 18 years of age or over 65 years of age will be hired in any full time position. Continued employment after age 65 will be at the dis- cretion of the City Manager and City Council. [Ord. No. 14-75, §1, 10 JUN 1975] SECTION 351.05 RESTRICTIONS A. NEPOTISM - No person related within the second degree of affinity or within the third degree by consanguinity to the Mayor, Councilmen, or the City Manager shall be employed in any office position, clerkship or paid service of the City of Cape Canaveral. No person related within the second degree of affinity or within the third degree by consanguinity to one another shall be permitted to work in the same department. [Ord. No. 14-75, §1, 10 JUN 1975] SECTION 351.06 PERSONNEL POLICIES A. BASIS OF EMPLOYMENT - All employment with the City shall be based on merit, ability and physical and moral fitness as evidenced by: (1) Training and experience as reflected by the application form and other documentation, certification, registration, etc. as requested. (2) Mental examination or performance tests.if desired. (3) Pre-employment physical examination. (4) Character and/or credit investigation by the City Manager. (5) A new employee will be on probation for a period of six (6) months, during which time he may be terminated at the discretion of the City Manager and department head. B. TYPE OF POSITIONS (1) Permanent - These are positions with a required work week equaling or exceeding the full time established work week. 4. These are positions which offer career possibilities and the ultimate likelihood of retirement. (2) Temporary - These are positions (with a part-time, full-time or an hourly basis) anticipated to be of comparatively short time or definitely limited in duration. C. RESIDENCE - All other qualifications being equal, applicants living inside the corporate limits of the City ofCape Canaveral may be given preference when appointments to positions are being made. D. OUTSIDE EMPLOYMENT - The City discourages permanent employees engaging in outside work for pay. Employees shall be required to submit request for permission to hold outside employ- ment to their department head and City Manager for approval. Conflict of interest positions will not be permitted. E. STANDARDS OF CONDUCT (1) Employees of the City shall be expected to keep in mind that they are public servants and to conduct themselves accordingly. Every employee should have a deep commit- ment to serve the City and make every effort to be loyal to the City and its programs. (2) Good citizenship is essential for a good public employee. Each employee should make an effort to practice good citizenship, thereby setting an example for the entire community. (3) All employees shall render courteous treatment to the public. 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 Administra- tion and its programs. F. PROMOTIONS - Insofar as may be consistent with the interest of the City, vacancies in job classifications may be filled by promotion of qualified employees in lower classifications. 5. G. AUTHORITY FOR ABSENCE - No employee shall be absent from his regular scheduled duties except by authority of his department head or responsible supervisor. Employees absent due to reasons beyond their control will be responsible for ex - plaining their absence to the department head or other responsible authority as soon as possible after the beginning of their assigned shift or regular schedule of duties. Except in cases of leaves incident to vacation or illness all absences for periods in excess of one week must be approved by the City Manager. H. DISCIPLINARY SUSPENSIONS - Under justifiable circumstances, the City Manager or a department head, subject to review and approval by the City Manager, may suspend an employee without . pay for a period not in excess of 60 days. The City of Cape Canaveral has no desire to enforce unreasonable or harsh disciplin- ary measures, but recognizes the necessity of discipline in any well managed organization. Employees should be made aware of the seriousness of violating regulations, or taking actions that will necessitate disciplinary action which may range from a written reprimand up to 60 days suspension without pay, or even discharge. Employees should understand that disciplinary actions become a permanent written record in their personnel file, and may be con- sidered during times when an increase in pay or advancement is to be determined. In the event disciplinary.action is taken against an employee, any offense of a similar nature occurring within 3 years will constitute grounds for dismissal. An employee charged with a violation of law may be suspended without pay until the charge is dismissed, or until a decision settling the case is rendered. A verdict of not guilty or dismissal of charges will make the suspend- ed employee eligible for reinstatement upon such terms and conditions as may be specified and approved by the City Manager. Disciplinary action taken in accordance with this Section shall be 6. final unless an appeal by the employee is taken in accordance with Chapter 361. I. SPECIFIC GROUNDS FOR DISMISSAL - Any of the following acts of conduct on the part of an employee will constitute grounds for prompt dismissal by the department head and City Manager: (1) Conviction of a felony charge. (2) Repeated convictions of misdemeanor charges, City ordinances, or civil infractions. (3) Use of intoxicants while on duty, or reporting for scheduled duty under the influence of alcohol. (4) Flagrant or persistent insubordination. (5) The unauthorized use or possession of narcotics* or other dangerous drugs (narcotics* shall be defined as set forth in Chapter 893 of the Florida Statutes, most current edition). (6) Inciting or engaging in strikes or riots. (7) Misappropriation or unauthorized use of city equipment, tools, machines, funds, etc. (8) Incompetence or repeated neglect of duty. (9) Repeated failure or neglect to meet credit obligations. (10) Unauthorized absence from duty without satisfactory explanation. (11) Falsifying employment application or any City records. (12) Repeated violations of standards of employee conduct as described in Section 351.06 §E. J. RE-EMPLOYMENT OF DISMISSED PERSONS - Persons who have been dismissed from the municipal service will not be consid- ered for re-employment except under extenuating circumstances. K. TERMINATION OF EMPLOYMENT (1.) In order to resign in good standing, employees in 7. permanent positions should give at least two weeks notice of their intentions. In event of failing to observe this re- quirement, the department head will have the discretionary authority to terminate employment the date the employee's intent to resign is received. All terminated employees will be required to surrender and return to their department or other proper source all records and property of the City of Cape Canaveral which may be in their possession or custody. (2) Requests for immediate payment of accrued wages and other benefits will be honored in cases where employees are being dismissed on short notice. Otherwise department heads should not submit supplemental payrolls unless approval for doing so has been obtained from the City Manager and City Treasurer. L. COMPLAINTS AND GRIEVANCES - It shall be the general policy of the City to anticipate and avoid occurrences of valid complaints or grievances, and to deal promptly with any which may arise. Except where there is an acceptable reason for not,doing so, all matters of this nature will be handled and transmitted through supervisors in the following order: (1) Immediate supervisor (2) Department head (3) City Manager Each of the above officers will discuss all relevant circumstances with the person or persons immediately concerned, notify the City Manager, and endeavor to adjust the matter to the extent of his authority, on a basis satisfactory to all parties concerned, and subject to review and approval by the City Manager. If unable to effect a satisfactory adjustment of a particular problem or question, each of the above officers will in turn submit the problem to the next authority indicated, together with a written report setting 8. forth such information and recommendations as he may consider pertinent. If and when such matters are referred to the City Manager, he will make such-further investigation as he may consider necessary, following which he may either render a personal decision or review his decision with the City Council, either of which actions should be final and binding upon all parties concerned, unles a further appeal by the employee is taken in accordance with Chapter 361. M. IMPARTIAL ACTION - No department head or other official or employee whose duties involve the approval or making of recommendations relative to the qualifications of candidates for employment or promotion, or in connection with discipl, inary action against employees, shall permit their recommendations or decisions to be unduly influenced by hearsay information, or by the personal prejudice of either themselves or other persons. N. REQUEST FOR PERSONNEL - When departments submit requests to the City Manager or his authorized representative for persons to fill vacancies such requests shall include the title of the position and appropriate job description. To enable the City Manager to satisfactorily find the personnel being sought by the department, requests for personnel should be made reasonably far in advance of actual need when circumstances permit. O. EMPLOYEE EVALUATIONS - The department head shall con- duct an evaluation of all employees in his department. This evaluation shall be conducted twice each year, between June 1 and June 15, and between December 1 and December 15, on the City Evaluation Form. Upon completion, the department head shall furnish a copy of the evaluation report form to the employee and to the City Manager. The original report form shall be forwarded to the City Clerk for inclusion in themployee's personnel record. [Ord. No. 14-75, §I, 10 JUN 1975] 9. SECTION 351.07 COMPENSATION A. SALARY AND ADVANCEMENT (1) Entrance Salary Rates - Upon initial appointment to any position the salary shall be at the entrance or first step rate, except as otherwise provided herein, and advancement from the entrance rate to the maximum rate within a salary range shall be by successive steps. The City Manager may approve initial compensation at higher steps in the appropriate salary schedule when experience, skill, training, or temporary conditions of the labor market justify the action. (2) Salary Rates After Separation - When an employee returns to duty in the same class or position after separation froth service with the City of not more than ninety (90) days, he may, at the discretion of the department head, receive the rate in the salary schedule corresponding to the step rate received at the time of his separation and may be paid such a rate for at least the length of time normally required for advancement to the next higher step. Any employee separ- ated from employment with the City for more than ninety (90) days will be subject to the terms in Section 351.07 §A(1). (3) Rate of Pay on Promotion - In any case where an employee is promoted to a position or a class with a higher salary schedule, the entrance rate shall be at the lowest step in the higher salary schedule that will provide an in- crease over the salary received immediately prior to such promotion. Subsequent advancement to higher steps in the new grade shall be on the same basis as described in Section 351.07 §A(4). (4) Merit Advancement Within A Salary Schedule - Pro- gression from a step within a salary schedule to the next 10. succeeding step shall be based on merit. The determin- ation of merit being ascertained by the department head from periodic evaluation of the employee's performance and submitted to the City Manager for approval or dis- approval. Only in rare cases shall a merit increase be given prior to the elapsed time as provided by Section. 351.07 §A(5). (5) Intervals in Salary Schedule - The minimum periods of service required prior to advancement to the next higher step within salary grades are based on the follow- ing: (a) The minimum period of service required for the first salary advancement after appointment to a position shall be six (6) months. This period of service shall be known as the probationary term of employment. (b) The minimum period of service required for advancement into the next higher salary step within grade shall be after an employment period of twelve (12) months and annually thereafter until the employee reaches the top of his salary schedule. The City Manager may approve advancement into the next higher salary step, prior to completion of the annual period, at the City Manager's discretion. B. WAGES, HOURS, ETC. . (1) Wages, salaries and working schedules for various positions shall be in accordance with the provisions of the official pay plan, including amend- ments, and within the limitations of the financial provisions of each department as approved by the City Council for each fiscal year. 11. (2) Overtime work will be performed only on authorization of the department head, with the approval by the City Manager, to the extent necessary to meet essential operat- ing requirements. Compensation for authorized overtime work will be provided in the budget or as otherwise approv- edby the department head and City Manager. (3) When employees in positions for which extra overtime pay is authorized are required to work in excess of the normal work period as defined in the Fair Labor Standards Act, such overtime work will be indicated on the payrolls under the date on which it was performed and will be coma- pensated as provided in said Act. (4) Department heads and other administrative, supervis- ory, and professional personnel are expected to work the number of hours necessary to properly perform the duties assigned. The salaries for such groups are determined and established in accordance with this assumption. (5) Part-time employees shall be paid on an hourly rate as shown in the salary schedule for the position. C CALL BACK PAY - When the City requires an employee to work for duty not on their regularly assigned shift, the City shall compensate the employee at a rate of time and one-half of the regular pay, but not less than two (2) hours. D. HOLIDAY WORK PAY - When an employee is scheduled to work on a holiday, the City shall pay the employee straight time in addition to his regular pay. E. JURY DUTY PAY - Employees called for jury duty during their normal work hours shall be paid eight (8) hours pay at regular time, less the sum received as juror's pay. The employee shall furnish to the City evidence showing the performance of 12. and compensation for jury duty. The mileage payment shall not be included when calculating jury duty compensation for the purpose of jury duty pay. In the event the employee is excused or otherwise released from jury duty prior to the completion of his normal City work schedule, the employee shall return to his assigned duties. [Ord. No. 14-75, §1 10 JUN 1975] SECTION T EMPLOYEE BENEFITS A. GROUP HOSPITALIZATION AND LIFE INSURANCE - Each employee of the City will be provided with group hospitalization insurance coverage at no cost to the employee, or at such cost to the employee as may be determined by City Council. Life i.nsur-- ance coverage on employees only and group hospitalization insur- ance on employees' dependants are available at the expense of the employee. . B. VACATIONS (1) Employees shall accrue paid vacations at the rate of 10 days or more yearly (annual leave) according to the follow- ing schedule: Length of service Accrual rate Vacation eligibility Less than 6 months 10/12 day per None month Beginning of 7th month 10/12 day per Amount of accrual in to end of first year month account Beginning of 2nd year 10/12 day per 10 work days to end of 5th year month Beginning of 6th year 1 1/4 days per 15 work days to end of 14th year month Beginning with 15th 1 2/3 days per 20 work days year month (2) Dates of vacation periods for the required number of vacations will be selected by the department head and shall consider the man-power needs to achieve its mission. Prior- ity shall be given on the basis of seniority. The department 13. head will make every effort to meet the desires of the employees and will give priority in scheduling vacation requests based upon date of employment with the City. (3) Upon termination of employment, the employee shall be entitled to compensation for any earned but unused vacation in his vacation account at the time of his termin- ation except voluntary resignation without proper notice. Proper notice shall mean at least two weeks notice in writing of the employee's intent to resign. This Section does not apply to employees having less than six months service. (4) Vacation will not be used by the employee in less than eight hour increments. (5) Vacation shall be taken by the employee in each calendar year and shall not be accrued beyond six months of the next: calendar year. C. HOLIDAYS (1) The following shall be recognized City Holidays: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving Christmas Day (2) Any additional day proclaimed as a holiday by the City. D. LEAVE (1) Sick Leave - The City shall grant seven (7) days of sick leave for each year of continuous service. Such leave may be used after a six month period. (2) The unused part of the annual sick leave shall be accum- ulated up to 400 hours in a Sick Leave Bank to be used after current: sick leave is exhausted. Upon termination, except 14. for voluntary resignation without proper notice, employees shall be paid for 50% of unused accumulated sick leave. (3) Bereavement Leave - Bereavement leave shall be grant- ed with pay for not to exceed three (3) days for attendance at a funeral in the immediate family. The City will require the employee to submit information on a form provided by the City as to the death before reimbursement is made. (4) Emergency Leave - For critical illnesses in the immed- late family, employees will be entitled to three (3) days off per year chargeable as sick leave from the employee's accrued sick leave. Critical illnesses shall be those in which the continuation of life of the patient is in question. If sufficient time is not available in the accrued sick leave, the leave may be charged to the current vacation leave, if available. Proof of the nature of the critical illness may be required by the City. (5) When employees are absent from work for three or more consecutive work days, then they shall provide a medical excuse to the City. If an employee is absent due to illness the day preceding or the day after a holiday, then the City may request a medical excuse by a licensed physician. If medical excuses are not furnished, the City may elect to charge the employee with leave without pay. (6) When an employee is excused from work due to illness by the department head, then the employee shall be charged for each hour from his accumulated sick leave. (7) An employee who is a member of the National Guard or the Military Reserve Forces of the United States and who is ordered by the appropriate authorities in compliance with Federal Law to attend the prescribed training program or to 15. perform other duties, shall be granted a leave of absence without pay. (8) The City Manager may grant conference leave with pay, in order that employees may attend conferences, schools or similar events designed to improve their knowledge and efficiency, if considered to be in the best interest of the City. The City Manager, City Clerk and City Treasurer and department heads may be granted such conference leave with pay, upon approval from the City Council. (9) Special Leave - The City Manager may authorize special leave without pay to any employee. Such leave, if granted, shall not exceed six months. Leaves of absence without pay for any period of time greater than six months must be approved bythe CityCouncil. [Ord. No. 14-75, §1, 10 JUN 1975] SECTION 351.09 PERSONNEL RECORDS A. ACCOUNTING RESPONSIBILITIES (1) Each department head will be responsible for maintain- ing records regarding time worked by their employees and all absences of their employees. Such record shall constit- ute the basis for preparation of departmental payrolls and shall be forwarded to the City Clerk's office by the end of each payroll period. Department heads must necessarily keep a close check on attendance records for payrolls, in order to insure that payroll expenditures stay within budgetary limits. (2) The department head should require all supervisors to notify all employees of the importance of keeping their personnel record current. The department secretary should sena a change of status form to the personnel file listing any change of employee status as follows: 16. (a) Change of address (even if temporary). (b) Change of telephone number or nearest telephone number. (c) Change of life insurance beneficiary. (d) Number of dependents. (e) Change in marital status. (f) Or any change, not previously reported, of status that was originally given at time of employment. Reporting changes of status is a responsibility of the employee, and failure to keep personnel records up to date may result in incorrect federal income tax withheld, itn-- correct life insurance beneficiary, and loss of other employee benefits. The City requires current telephone numbers and addresses in cases of required work call outs, and national or weather emergency call outs. (3) The City Manager is responsible for compliance by all department heads with the requirements and policies established by the official salary plan and job classification plan, as well as departmental conformity with the establish- ed policies and rules governing vacation, sick leave, leave of absence, etc. The City Clerk will maintain permanent personnel records for each employee, and notify the City Manager accordingly. B. INDIVIDUAL PERSONNEL FILE - An individual personnel file shall be established for each employee of the City upon appointment and shall be maintained throughout the period of employment with the City. Each employee's individual personnel file shall include, but not be limited to, an application for employment, a resume if applicable, periodic evaluation reports, a record of disciplinary 17. action, if any, a record of initial salary and subsequent changes and a perpetual record of accrued vacation leave and sick leave. [Ord. No. 14-75, §1, 10 JUN 1975] SECTION 351.10 USE OF CITY PROPERTY (A) General Policy - The City attempts to provide each employee with adequate tools, equipment, and vehicles for the job being per- formed, and expects each employee to observe safe work practices and safe and courteous operation of vehicles and equipment in compliance with all municipal, county and state vehicular regulations. (B) Valid Driver's License - All persons operating City vehicles and equipment are required to have a valid State of Florida Operat- or's or Chauffeur's license and to keep supervisors informed of any change of status in their license. Suspension or revocation of the driver's license of an employee who is assigned as a vehicle or equipment operator, may result in a demotion or discharge. Employees assigned City vehicles may, if liability. is established, be responsible for all damages to City vehicles involving $100. 00 or less. (C) Use of tools, equipment, property and vehicles - Employees who are assigned tools or equipment or vehicles by their depart- ments are responsible for them and their proper use and mainten- ance. No personal use nor any unauthorized use of any City property, materials, supplies, tools, equipment or vehicles is permitted. Violations may result in discharge and possible prosecution. [Ord. No. 14-75, §1, 10 Jun 1975] [Ordinance No. 9-70, 5 Nov. 1970 Repealed by Ord. No. 14-74, §2, 10 Jun 75] 18. CITY OF CAPE CANAVERAL EMPLOYEE PERFORMANCE EVALUATION Employer Name Department Payroll Title Time in Present Job Rating Period TYPE APPRAISAL: [] Probationary [] Regular []Special 1. Knowledge of Work CHECK FACTORS [+] Strong [-] Weak [[checkmark]] Satisfactory [O] Does not Apply []Operating Procedures []Work Techniques []Technical Skills []Care of Equipment []Learning Ability PLACE AN X in the square which best describes Employee's performance for each factor. Explain any weak or outstanding performance, on the back of this form. []Continually needs instruction. []Knows some phases of work, but requires assistance in other phases. []Has good knowledge of most of the work details. []Very well informed on most phases of work. Job Knowledge considered Above Average. []Has complete and thorough understanding of ALL details and aspects of work. 2. Volume of Work CHECK FACTORS [+] Strong [-] Weak [[checkmark]] Satisfactory [O] Does not Apply []Amount of Work Produced []Meeting Work Schedules []Speed in Working PLACE AN X in the square which best describes Employee's performance for each factor. Explain any weak or outstanding performance, on the back of this form. []Extremely slow worker. Amount of work does not meet minimum standards. []Tendency to be slow, works in spurts. Volume barely meets job requirements. []Output of work satisfies minimum job requirements. []Very industrious, often does more than required. []Usually superior in speed and output of work. 3. Quality of Work CHECK FACTORS [+] Strong [-] Weak [[checkmark]] Satisfactory [O] Does not Apply []Accuracy []Neatness []Thoroughness []Use of Equipment []Reports & Correspondence PLACE AN X in the square which best describes Employee's performance for each factor. Explain any weak or outstanding performance, on the back of this form. []Continually makes errors or does poor work. Most work has to be checked or redone. []Work below standards, often untidy or incomplete. Frequent checking necessary. []Accuracy, neatness and thoroughness of work meets job standards. []Quality of work very good. Exceeds standards, checking seldom necessary. []Consistently turns out work of highest quality, accuracy, and throughness. 4. Dependability CHECK FACTORS [+] Strong [-] Weak [[checkmark]] Satisfactory [O] Does not Apply []Completing Assignments []Following Instructions []Using Initiative []Using Judgement PLACE AN X in the square which best describes Employee's performance for each factor. Explain any weak or outstanding performance, on the back of this form. []Little sense of responsibility. Wastes time. Fails to follow instructions. Unreliable. []Often fails to carry out assignments. Occasionally loafs on job. Needs prodding to get job done. []Generally follows instructions. Prompt in completing work. Can be relied upon. []Can always be relied upon to carry out instructions and complete assignments promptly. []Unusual sense of responsibility and dependability. Justifies complete confidence. 5. Attitude CHECK FACTORS [+] Strong [-] Weak [[checkmark]] Satisfactory [O] Does not Apply []Toward Supervision []With Follow Employees []With Public []Toward Job []Personal Appearance PLACE AN X in the square which best describes Employee's performance for each factor. Explain any weak or outstanding performance, on the back of this form. []Will not or cannot work with others. Uncooperative or antagonistic. Shows little or no interest in job. []Has difficulty working with others. Tendency to be indifferent or irritable. Tends to resist supervision. []Works satisfactorily with others. Shows interest in work. Accepts supervision and profits by it. []Always congenial and cooperative. Very interested in work. Actively cooperates with supervision. []Goes out of way to help others. A strong force in group morale. Extremely positive attitude. 6. Work Habits CHECK FACTORS [+] Strong [-] Weak [[checkmark]] Satisfactory [O] Does not Apply []Attendance []Observance of Work Hours []Observance of Rules []Safety Practices PLACE AN X in the square which best describes Employee's performance for each factor. Explain any weak or outstanding performance, on the back of this form. []Work habits completely unsatisfactory. []Improvement in work habits is needed if to remain in present position. []Maintains good work habits. []Very conscientous in observance of rules, attendance and safety practices. []Work habits outstanding and superior in every manner. (Supervisor's Only) 7. Supervisory Ability []Planning and Assigning []Training and Instruction []Evaluating Performance []Delegating Responsibility []Decision Making []Fairness and Impartiality []Discipline []Control - Operation & Costs []Unit Morale []Final Results PLACE AN X in the square which best describes Employee's performance for each factor. Explain any weak or outstanding performance, on the back of this form. []Poor supervisory ability. Lacks control. Too easy going or too harsh. Unit work frequently unsatisfactory. []Supervisory ability work in some areas. Work results below standards at time. []Obtains good results from subordinates. Controls unit efficiently and effectively. []Very effective in handling personnel, solving problems and meeting assignments. Employee morale high. []Outstanding leadership qualities. Acquires maximum from unit with available resources. Check the rating below, which in your opinion represents the overall evaluation of the Employee's performance when compared with the established standards for the job. []Unsatisfactory []Needs Improvement []Satisfactory []Very Good []Superior Per-6 Part A (Rev. 5/72) ORDINANCE NO. 24 - 73 7/17/73 AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE REVIEW JUDGE INCLUDING JURISDICTION, AUTHORITY, QUALIFIC TIONS, COMPENSATION, APPOINTMENT, PROCEDURE, HEARINGS AND RECORDS; AMENDING ORDINANCE NO. 9-70; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. Administrative Review Judge Established; Jurisdiction; Authority. There is hereby established an Administrative Review Judge which upon proper application shall hear complaints and grievances and review supervisory decisions adverse to any permanent employees of the City of Cape Canaveral, except the City Manager---* His jurisdiction shall be limited to (a) complaints or grievances concerning a discriminatory action by supervisory personnel, (b) review of disciplinary action by supervisory personnel, (c) review of dismissal action by supervisory personnel or in the case of the City Clerk USX City Treasurer OR CITY MANAGER**, by the City Council. **AMENDED ON 2ND READING 7-17-73 He shall have the authority to compel attendance of witnesses, to make findings of fact, and to direct appropriate relief. SECTION 2. Qualifications; Appointment; Compensation. (a) The Administrative Review Judge shall be an attorney and shall not have any direct or indirect association with any official or employee of the City of Cape Canaveral. (b) He shall be chosen by the complainant from a selected pool of five chosen by the City Council, each of whom shall meet the qualification of sub-section (a) above. (c) He shall receive hourly compensation for his services. SECTION 3. Procedure; Hearings; Records; Supervisory Counsel. (a) The Administrative Review Judge shall prepare rules of procedure necessary to the conduct of his business. These rules shall include the following: Page 1 of 3 - Ordinance 24-73 24-73 7/17/73 (1) The right of the complainant to compel in advance of the hearing sufficiently detailed information concerning the reasons for the adverse supervisory action so as to allow the complainant to prepare his case. (2) The right of any parties to be represented by counsel. (3) The right of any party to have the judge compel witnesses On either party's behalf. (4) The right to have a speedy hearing, findings, and relief. Said hearing shall be held no later than 15 days after the request for said hearing. (b) The judge shall. hold hearings at City Hall upon the filing of proper application with the City Clerk invoking his jurisdiction. He shall, however, have the power to dismiss without hearing any clearly frivolous and unmeritorious causes. (c) At the discretion of the City Council, counsel will be afforded supervisory personnel who are defendants in such an action. (d) There shall be written minutes of all hearings which shall be retained in the custody of the City Clerk. 35 SECTION 4. Personnel Policies Amended. (a) Section 1 of Ordinance No. 9-70 is amended by adding a new subsection 3 which reads as follows: As Deck Scott "3. Administrative Review Judge. Notwithstanding any other provision of this ordinance, any employee who is perman- ent and not on probation, can file a complaint invoking the jurisdiction of the Administrative Review Judge as provided in Ordinance No. 24-73. (b) Ordinance No. 9-70, Section IV §12 shall be amended as follows: delete "if and when such matters . . . . all parties concerned." The following paragraphs are to be added: "Following a hearing and final action before the City Manager, any employee who does not believe he has received equitable and just relief may further appeal the matter to the City Council. Page 2 of 3 - Ordinance 24-73 24-73 7/17/73 Following a hearing and final action before the City Council, any employee except the -Gity-Manager-,*who does not believe he has received equitable and just relief may further appeal the matter to the Administrative Review Judge, providing however, the matter falls within the jurisdiction of said Review Judge. The findings and orders of the Administrative Review Judge constitute final administrative action and are binding upon all parties concerned. " SECTION 5. This ordinance shall become effective im- mediately upon its adoption by theCity Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, THIS 17TH DAY OF JULY , 1973. [signature] Mayor Attest: [signature] City Clerk Approved as to form: [signature] City Attorney [signature] Sponsoring Councilman *Amended on first reading, July 3, 1973 **AMENDED ON SECOND READING, JULY 17, 1973 1st Reading: July 3, 1973 Posted: July 5, 1973 SECOND READING: JULY 17, 1973 NAME YES NO ABS MACLAY YES RHAME [didn't vote] RUTKOWSKI YES SALVAGGIO YES THURM YES Page 3 of 3 - Ordinance 24-73 Ord 29-73 Ord. 24-73 Date (7-17-73) shall be retained in the custody of the City Clerk. SECTION 4. Personnel Policies Amended. Ch. 351 (a) Section 1 of Ordinance No. is amended by adding a new subsection 3 which reads as follows: "3. Administrative Review Judge. Notwithstanding any other provision of this ordinance, any employee who is perman- ent and not on probation, can file a complaint invoking the Ordinance No. 24-73. (b) Ordinance No. 9-70, Section IV §1.2 shall be amended as follows: delete "if and when such matters . . . . all parties concerned." The following paragraphs are to be added: "Following a hearing and final action before the City Manager, any employee who does not believe he has received equitable and just relief may further appeal the matter to the City Council. Add this ? Page 2 of 3 Ordinance 24-73 (1) Following a hearing and final action before the City Council, any employee excerpt the City Manager,* who does not believe he has received equitable and just relief may further appeal the matter to the Administrative Review Judge, providing however, the matter falls within the jurisdiction of said Review Judge. (2) The findings and orders of the Administrative Review Judge constitute final administrative action and are binding upon all parties concerned." Page 393 Ord. 24-73 Typed in code in 1981 already attached in hide in typed form Chapter 351 & 361 are typed w/ amendments attached Typed in Code from * in this file ORDINANCE NO. 9-79 AN ORDINANCE AMENDING CHAPTER PERSONNEL POLICY, OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ESTABLISHING MAXIMUM TIME PERIODS FOR THE HANDLING OF COMPLAINTS AND GRIEVANCES, BY AMENDING CHAPTER 361, ADMINISTRATIVE REVIEW, BY ESTABLISHING MAXIMUM TIME PERIODS FOR FINAL DETERMINATION FOR ADMINISTRATIVE REVIEW JUDGE, BY REPEALING ALL SECTIONS OF THE CODE IN CONFLICT HEREWITH, BY PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Paragraph (L) entitled "Complaints and Grievances" of Section 351. 06, Personnel Policy of the Cbde of the City of Cape Canaveral, Florida, is hereby deleted in its entirety, and the following new sub-section substituted therefor: "351.06(L) Complaints and Grievances - It shall be the general policy of the City to anticipate and avoid occurrences of valid complaint or grievances, and to deal promptly with any which may arise. Except where there is an acceptable reason for not doing so, all matters of this nature will be handled and transmitted through supervisors in the following order: (1) Immediate supervisor. (2) Department head. (3) City Manager. Each of the above officers will discuss all relevant circumstances with the person or persons immediately concerned„ notify the City Manager and endeavor to adjust the matter to the extent of his authority on a basis satisfactory to all parties concerned, and subject to review and approval by the City Manager. If, within five (5) days, any of the above officers is unable to effect a satisfactory adjustment of a particular problem or question, he will in turn submit the problem to the next authority indicated, together with a written report setting forth each information and recommendation that he may consider pertinent. If and when such matters are referred to the City Manager, he will make such further investigation as he may consider necessary, following which he shall render a personal decision no later than ten (10) days after the problem has been referred to him, or he shall review his decision with the City Council at the next regular City Council meeting after the matter has been referred to the City Manager. Either the action of the City Council or the City Manager shall be final and binding upon all parties concerned, unless a further appeal by the employee is taken in accordance with Chapter 361." SECTION 2. Section 361.03 of Chapter 361 entitled "Administrative Review" of the Code of the City of Cape Canaveral, Florida, is hereby amended by the addition of the following sub-section: "Section 361.03 Procedure; Hearings; Records; Supervisory Counsel. (e) A final determination of the Administrative Review Judge shall be made no later than ten (10) days following any hearings provided herein. " SECTION 3. All portions of the Code in conflict with these sections are hereby repealed. SECTION 4. This ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19 day of June , 1979. [no signature] Mayor Attest: [no signature] City Clerk Approved as to form: [signature] City Attorney 860 DESCRIBE ANY WEAK AREAS NEEDING IMPROVEMENT, OR WHERE PERFORMANCE HAS BEEN LESS WHAN SATISFACTORY. EXPLAIN WHAT ACTION, OR WHAT STEPS, THE EMPLOYEE SHOULD TAKE TO BRING WEAK AREAS UP TO SATISFACTORY. STATE WHEN IMPROVEMENT IS EXPECTED. DESCRIBE ANY ACHIEVEMENTS OR ACCOMPLISHMENTS OF THE EMPLOYEE SINCE HIS LAST EVALUATION, OR EXPLAIN SUPERIOR RATINGS. PREPARED AND RATED BY: DATE: IMMEDIATE SUPERVISOR REVIEWED BY: DATE: EMPLOYEE CERTIFICATION This performance evaluation has been discussed with me by my Supervisor, and I have received a copy. My signature does not necessarily mean that I agree with the rating, and I understand I can attach any statement I wish to this rating. Date Employee Signature COMMENTS: DISTRIBUTION Original - Personnel Dept. Copy - Employee Copy - Department File