HomeMy WebLinkAboutMinutes 04-07-1994 Special Workshop• •
CITY COUNCIL
SPECIAL WORKSHOP MEETING
April 7, 1994
A Special Workshop Meeting of the Cape Canaveral City Council was held on April 7, 1994,
at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called
to order at 6:00 P.M. by Mayor Salamone.
ROLL CALL:
Mayor Joy Salamone Present
Mayor Pro Tem John Porter Absent
Councilmember Arthur Berger Present (Late)
Councilmember Leo Nicholas Present
Councilmember Rocky Randels Present
City Manager Bennett Boucher Present
City Attorney John Kancilia Present
City Clerk Faith Miller Present
BUSINESS:
1. Discussion Re: Proposed Revision of Personnel Rules & Regulations. Beginning with
Section 15. Hours of Work.
The following sections of the proposed revisions to the City's Personnel Rules & Regulations
were reviewed and discussed as follows:
SECTION 15 - HOURS OF WORK:
Mayor Salamone questioned the reference to lunch hours as she did not believe that the City was
allowing an hour for lunch breaks. There was general discussion regarding lunch breaks.
SECTION 16 - SEPARATIONS:
Item 16.01, Types of Separations - Mr. Nicholas questioned if "medical dismissal" should be
included as a type of separation. Ms. Miller advised that the entire sections pertaining to
"Disability" and "Medical Dismissal" were to be deleted as it had been recommended by the
labor attorney that these items not be written in the Personnel Rules.
Item 16.02, Separations - Subsection A would be deleted in its entirety. The last sentence of
subsection B would be changed to read: "Failure to do so will be cause for denying such
employee reinstatement by the City".
Item 16.04, Disability and Item 16.05, Medical Dismissal - as stated previously would be deleted
entirely.
Item 16.07, Reduction in Force (Layoff) - the title would be changed to "Layoff". The words
"or his designee or designees" at the end of the last sentence of subsection A would be deleted.
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Special City Council Meeting
April 7, 1994
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SECTION 17 - DISCIPLINARY ACTION:
Item 17.02, Procedures and Guidelines - references to "Oral Warnings" would be changed to
"Oral Reprimands ". The word "should" would be changed to "shall" in the last sentence of the
second paragraph of subsection A. The last sentence of paragraph 4, under B, Written
Reprimand, would be changed to read: "If the employee refuses to sign the written reprimand,
a note will be made on the document."
Subsection C, Suspension Without Pay - second paragraph of the subsection would be changed
to read: "Any suspension without pay shall be requested by the Department Head and shall
require the approval of the City Manager prior to becoming effective." In the third paragraph
of subsection C, reference to Section 18.03 will be changed to Section 17.03 and reference to
Section 18.04 will be changed to Section 17.04.
Item 17.03, Procedure in Suspensions Without Pay and Involuntary Dismissals - the third
sentence of the second paragraph would be changed to read: "After receipt of such written
notice, the employee shall be entitled to meet with the City Manager to effect the proposed
disciplinary action ". The fifth sentence of the second paragraph would be changed to read:
"The affected employee shall have five (5) working days between the actual receipt of the
written notice and the meeting". The words "and the employee shall have" in the sixth and
seventh line of the second paragraph would be deleted.
In the third paragraph, the reference to "decision maker" would be changed to "City Manager".
The last sentence of the third paragraph would be changed to read: "The decision shall be
announced to the employee in writing within five (5) working days".
Mr. Boucher explained the requirements of the pre - evidentiary hearing process. There was
extensive discussion regarding the differences between two (2) or more days of suspension and
the requirements for serious and less serious discipline.
In the fourth paragraph, the following would be added: "The City Manager shall select the
impartial hearing officer". The second sentence of the fourth paragraph would be changed to
read: "The hearing shall take place within thirty (30) days following the action". The word
"should" in the last sentence of this paragraph would be changed to "shall". The fifth paragraph
of this item would be deleted in its entirety.
Item 17.05, Offenses - the term "example" in number two (2) of Group A Offenses would be
deleted. Mr. Nicholas stated that "habitual tardiness" was mentioned somewhere in the policy
and Mayor Salamone asked that any reference to "habitual tardiness" be clarified as stated in
number two (2) of Group A Offenses. In Group B Offenses, number six (6) and thirteen (13)
would be combined and moved to Group C Offenses. Number eleven (11) would be moved to
Group C Offenses.
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Special City Council Meeting
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There was discussion regarding number 18 of Group C Offenses which referred to "sexual
harassment".
SECTION 18 - GRIEVANCE:
Item 18.02, Definitions - in the first sentence of subsection B, the first time the word "of" is
used would be changed to "by".
SECTION 19 - WELFARE AND BENEFITS:
Item 19.01, Group Insurance - the first sentence was changed to read: "The City provides group
health and dental insurance coverage for full-time employees ". Mayor Salamone stated that
Council was not willing to pay for 30 -hour per week employees to be :covered by health
insurance. Mr. Boucher questioned if the City could offer health insurance to part-time
employees at the employees' expense; Mayor Salamone agreed that the City would be willing
to offer that option to employees with less than forty (40) hours per week. Mr. Boucher asked
staff to determine if the insurance company would allow such a provision. The reference to
"new month" in the third sentence of the first paragraph would be changed to "next month".
The reference to "seasonal" in the last sentence of the first paragraph would be deleted.
Item 19.02, Life Insurance - the first sentence was changed to read: "The City's insurance plan
provides for a life insurance policy for full-time employees in the amount of the employees'
annual salary. The reference to "new month" in the third sentence of the first paragraph would
be changed to "next month ". The reference to "seasonal" in the last sentence of the first
paragraph would be deleted.
Item 19.05, Pension Plan - deleted the 8% rate of City contribution to the employee's pension
plan; kept the rate at 7 %.
Item 19.09 - To be added per the City Attorney, "Benefits described in Section 19 may be
changed from time to time by action of the City Council ".
SECTION 20 - WORKERS' COMPENSATION:
Mr. Nicholas asked that the title be changed to "Workers' Compensation Insurance".
Item 20.02, Time Lost - the reference to "hospitalization" in subsection E would be changed to
"group health and dental insurance".
SECTION 21 - PERSONNEL RECORDS:
Item 2.02, Confidentiality of Personnel Records - reference to Chapter 199, Public Records Law
would be changed to also include "and /or any other law ". Mr. Morgan questioned the actual
City of Cape Canaveral, Florida
Special City Council Meeting
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contents of the Public Records Law. Mr. Kancilia explained that Chapter 119 was the Public
Records Law which provided for public inspection of any records that were not specifically
exempted from inspection under Chapter 119. Ms. Miller stated that medical records, home
addresses of police officers, firefighters and their spouses were exempt from public records and
that recently the State had added an exemption for the home addresses of code enforcement
officers. Ms. Haggerty expressed her concern over certain personnel records being open to
public inspection. There was general discussion regarding the Public Records Law and its
implications.
Mr. Kancilia stated that the City could set its own requirements for City records, but once the
records were established they would be retained for the length of time required by applicable
State records retention schedules. Mrs. Hanson questioned the rationale behind employees'
personnel files being public record. Mr. Berger stated that employees' personnel files were
public record because the employees were paid with public dollars (tax dollars). Mr. Kancilia
briefly described the Freedom of Information Act (federal equivalent of the Public Records Law)
which was enacted as a result of the Nixon years.
Item 21.03, Changes in Personnel Information - Subsection B would be changed to read: "Final
responsibility for providing correct information rests with the employee".
SECTION 22 - SAFETY:
Item 22.02, Accident Reporting - the reference to "Cape Canaveral precinct" would be deleted
in subsection A. Council also asked that "as soon as possible thereafter, the City Council shall
also be notified" at the end of subsection A.
SECTION 24 - MISCELLANEOUS POLICIES AND BENEFITS:
Item 24.01, Smoking Policy - Mr. Boucher asked that subsection A also include "City vehicles"
as no smoking areas. Mayor Salamone asked that ashtrays be included at the designated
smoking areas as required, especially at the picnic table area outside of City hall.
Item 24.02, Drug -Free Workplace Policy - the reference to Ordinance No. 16 -92 would also
include "as may be amended from time to time". Mr. Kancilia briefly described changes that
were being made to the Drug -Free Workplace Policy by ordinance which would be presented
to Council at the next regular workshop meeting.
Item 24.04, Release of Information - subsection C would be combined with subsection B.
Item 24.05, Dress and Appearance - Mayor Salamone asked that a provision regarding
requirements for personal hygiene be included in this item.
Item 24.08, Citizen Complaints - Mr. Randels stated that he felt the City's complaint procedure
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was too restrictive. Mr. Boucher stated that complaints were taken in many forms including in
person, by phone, or by mail. Mayor Salamone questioned why this section was included in the
Personnel Rules. She stated that if staff wanted to include a policy specific to "Citizen
Complaints Regarding Employees" then she would agree that such a complaint should always
be written and have to be taken to the City Manager's Office.
Item 24.11, Educational Incentives and Benefits - Mayor Salamone had questions regarding costs
involved with such policy. She wanted employees to work for the City for more than a year and
a longer pro rata period. Mr. Berger stated that there should be a dollar limit included in this
policy. There was extensive discussion regarding this proposed policy, the funds required for
such a policy, and whether or not employees should be reimbursed for successful completion of
a course or percentages based on letter grades.
Mr. Berger stated that it was in the City's best interests for any of its employees to further their
education or knowledge. Mayor Salamone stated that under subsection 4 she would agree to
"The City may pay the actual cost for employee attending courses or schooling if the course is
passed" and Mr. Nicholas added "attending and successfully completing". Mayor Salamone
stated that she did not want to tie a specific percentage for reimbursement to the grade received
such as 100% for an A, 80% for a B, etc. Mr. Berger stated that Council should put a
monetary value on employee's reimbursement of education expenses. Mr. Boucher spoke in
favor of keeping the "grade received" section in order to provide an incentive to employees to
try harder to attain full reimbursement. Mayor Salamone asked that the reference to "one (1)
year" in section 6 be changed to "three (3) years".
Mayor Salamone stated that Council would want to look at the complete Personnel Rules &
Regulations once again to make sure all the corrections were made as requested by Council.
Mr. Randels stated that he had attended a Tourist Development Council (TDC) meeting at which
the City's economic redevelopment held on March 31st was discussed and that the TDC thought
that was one of the greatest contributions that a city could begin with in its quest for
redevelopment.
ADJOURNMENT:
There being no further business, the meeting adjourned at 7 :50 p.m.
Co . lic-L°12.14—
.41, "TE#I aith G. Miller, CMC/
City Clerk