Loading...
HomeMy WebLinkAboutOrdinance No. 29-19981 1 1 ORDINANCE NO. 29-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTIONS OF THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, that: SECTION 1. The Personnel Policy of the City of Cape Canaveral as adopted by Ordinance No. 29 -94, on August 2, 1994, is hereby amended in accordance with the textual changes as indicted in Appendix "A ":, attached hereto and incorporated herein by reference (underlined type indicates additions and strikeout type indicates deletions). SECTION 2. The Personnel Policy of the City of Cape Canaveral, as adopted by Ordinance No 29 -94, on August 2, 1994, is hereby amended by deleting subsections 3.09, Sexual Harassment; and 18.08, Employee Assistance Program, and adopting in lieu thereof the subsections attached hereto as Appendix "B ", and incorporated herein by this reference. SECTION 3. The Personnel Policy of the City of Cape Canaveral, as adopted by Ordinance No. 29 -94, on August 2, 1994, is hereby amended by adopting new subsections 12.07, Unpaid Family and Medical Leave Policy; 23.13, Computer and E -Mail Usage; 23.14, Internet Usage; and 3.10, Workplace Violence Prevention, which subsections are attached hereto as Appendix "C ", and incorporated herein by this reference. SECTION 4. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. 1 1 City of Cape Canaveral, Florida Ordinance No. 29 -98 Page 2 SECTION 5. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 6. Eli'rECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of October, 1998. j ( 2c& Rocky Randels, MAYOR FOR AGAINST Burt Bruns Absent Tony Hernandez X Buzz Petsos X Rocky Randels Absent &FORM: Joy Salamone X Kohn Bennett, CITY TORNEY \\ Cape- nt\cityclerk \CityClk \Ordinances\PERSONNEL POLICY 1998.DOC First Reading: 10/6/98 Posted: 10/7/98 Published: 10/10/98 Second Reading: 10/20/98 APPENDIX "A" Cr GENERAL PERSONNEL RULES AND REGULATIONS 1.03 Additions or Revisions The Personnel Director Human Resources Director shall present to the City Manager such additions or revisions to the Rules and Regulations as necessary for the effective administration of the personnel system. 2 Definitions Anniversary Date: the date an employee begins employment and the same date in succeeding years. It is the date from which an employee's annual performance is to be reviewed, vacations, sick leave and retirement are computed. If an employee is in a non-pay status, including leaves of absences, for a period of thirty(30) days or more, the anniversary date is deferred by an equal amount of time, including said thirty day (30 day) period. Annual Review Date: the day and month upon which an employee's annual performance is to be reviewed. This date will change - • - - - - - •- - , - - - - , • - Class: a group of positions which are sufficiently similar in general duties and responsibilities to warrant the use of the same title, and Florida League of Cities Cooperative Salary Survey Job Benchmark Code, . -- .. . .. range. Immediate Family: includes spouse, children, parent, brother, sister. The employee's spouse, parent, child, sibling; the employee's spouse's parent. child, or sibling; the employee's child's spouse; employee and employee's spouse' grandparents or grandchildren. Probationary Period: Introductory Period: a period of time provided to allow the City an opportunity to evaluate an employee's performance and ability, and to decide whether or not the employee is to be retained. City of Cape Canaveral Ordinance No. 29-98 Appendix"A" 7.02 D Eligibility A promoted employee will serve a ' - . - . :. ninety-day (90-day) introductory period as directed by the department head and approved by the City Manager. 7.04 Cl. Effects of Transfer A transferred employee will serve a . •-: - - - - . . • . ninety-day (90-day) introductory period as designated by the department head. 7.05 Cl. Demotions A demoted employee will serve a . - .- - . - . - . ... ninety-day (90-day) introductory period as designated by the department head. 7.05 E Effects of Transfer A transferred employee will serve a . --:- - . - . ... •: • . ninety-day (90-day) introductory period as designated by the department head. 7.06 Reinstatements A transferred employee will serve a . - . - . - . - . ... •. . ninety-day (90-day) introductory period as designated by the department head. 10.01 Official Holidays New Year's Day President's Day Martin Luther King Day 3`d Monday in January Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Employee's Birthday 10.03(A) Holiday Pay Holiday pay shall be paid only for the date the City observes as a holiday, not for the actual holiday itself; except for Recreation Department employees who shall be paid for working on the actual date of the holiday. City of Cape Canaveral Ordinance No. 29-98 Appendix"A" (iv 7.05 E Effects of Transfer A transferred employee will serve a • -- : - - - : . • - . ninety-day (90-day) introductory period as designated by the department head. 12.04 Military Leave Regular Employees who are commissioned reserve officers or reserve enlisted personnel in the-Armed fefces Reserves or members of the Florida National duties for such time as they shall be ordered to military service or field training in arned annual leave with pay in lieu of leave without pay for military leave. every effort to excuse the employee from work. A military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the (bry Uniformed Services employment and Reemployment Rights Act (USERRA). Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable. Employees will continue to receive full pay while on leave for 30 day training assignments and shorter absences. The portion of any military leaves of absence in excess of 30 days will be unpaid. However, employees may use any available paid time off for the absence. Vacation, sick leave, and holiday benefits will continue to accrue during a military leave of absence. Employees on military leave for up to 30 days are required to return to work for the first regularly scheduled shift after then end of service, allowing reasonable travel time. Employees on longer military leave must apply for reinstatement in accordance with USERRA and all applicable state laws. Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed or a comparable one depending on the length of military service in accordance with USERRA. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service. Contact the Human Resources Director for more information or questions about military leave. City of Cape Canaveral Ordinance No. 29-98 Appendix"A" 13.04 Introductory Period Evaluation 13.05 Annual Performance Evaluations If an employee is promoted or demoted and is subject to a six (6) month prebatienary ninety(90) day introductory period, the employee will be evaluated at the end of the introductory period and again at the time of his/her annual review date. Example Scenarios Anniversary Date: Currently, an employee hired October 1, 1998 (hypothetically) would complete the probationary period April 1, 1999. At that time, a review is performed without pay increase consideration and the employee's annual review date is set for one year later. Therefore, requiring that an employee must work for an initial 18-months before becoming eligible for a merit pay increase. Proposed, an employee hired on October 1, 1998 (hypothetically) would complete the probationary period April 1, 1999. (no change proposed) At that time, a review is performed without pay increase consideration and the employee's annual review date is set for six months later to coincide with the employee's anniversary date. Therefore, providing that an employee must work for an initial 12-months before becoming eligible for a merit pay increase. Holiday Pay: Currently, the Recreation Department is open 7-days per week, excluding Christmas Day only. The vast majority of employees are part-time. Hypothetical example: Independence Day was Saturday, July 4, 1998. The City observed Friday, July 3, 1998 as the holiday. Therefore, recreational employees required to work on Friday, July 3 were compensated double for working the holiday. Whereas, the employees who worked the actual holiday, Saturday, July 4, 1998 were compensated only straight time. Proposed,Hypothetical example: Independence Day was Saturday, July 4, 1998. The City observed Friday, July 3, 1998 as the holiday. Recreation employees required to work on Friday, July 3 will be compensated straight time for the city-observed holiday when the actual holiday falls on a weekend. Whereas, the employees who work the actual holiday, Saturday, July 4, 1998 will be compensated double time. APPENDIX "B" GENERAL PERSONNEL RULES AND REGULATIONS 3.09 Sexual and Other Unlawful Harassment The City is committed to providing a work environment that is free of discrimination and unlawful harassment. Actions, words,jokes, or comments based on an individual's gender, race, ethnicity, age, religion, or any other legally protected characteristic will not be tolerated. As an example, sexual harassment (both overt and subtle) is a form of employee misconduct that is demeaning to another person, undermines the integrity of the employment relationship, an is strictly prohibited. Any employee who wants to report an incident of sexual or other unlawful harassment should promptly report the matter to his or her supervisor. If the supervisor is unavailable or the employee believes it would be inappropriate to contact that person, the employee should immediately contact the Human Resources Director or any other member of management. Employees can raise concerns and make reports without fear of reprisal. Any supervisor or manager who becomes aware of possible sexual or other unlawful harassment should promptly advise the Human Resources Director or any member of management who will handle the matter in a timely and confidential manner. Anyone engaging in sexual or other unlawful harassment will be subject to disciplinary action, up to an including termination of employment. City of Cape Canaveral Ordinance No.29-98 Appendix"B" Page 2 18.08 Employee Assistance Program The City cares about the health and well-being of its employees and recognizes that a variety of personal problems can disrupt their personal and work lives. While many employees need professional assistance and advice. Through the Employee Assistance Program (EAP), the City provides confidential access to professional counseling services for help in confronting such personal problems as alcohol and other substance abuse, marital and family difficulties, financial or legal troubles, and emotional distress. The EAP is available to all employees and their immediate family members offering problem assessment, short-term counseling, and referral to appropriate community and private services. The EAP is strictly confidential and is designed to safeguard your privacy and rights. Information given to the EAP counselor may be released only if requested by you in writing. All counselors are guided by a Professional Code of Ethics. Personal information concerning employee participation in the EAP is maintained in a confidential manner. No information related to an employee's participation in Cor the program is entered into the personnel file. There is no cost for employees to consult with an EAP counselor. If further counseling is necessary, the EAP counselor will outline community and private services available. The counselor will also let employees know whether any costs associated with private services may be covered by their health insurance plan. Costs that are not covered are the responsibility of the employee. Minor concerns can become major problems if you ignore them. No issue is too small or too large, and a professional counselor is available to help you when you need it. Call the EAP at 800-272-3626 to contact an EAP counselor. APPENDIX"C" GENERAL PERSONNEL RULES AND REGULATIONS 23.13 ' Computer and Email Usage- Computers, computer files,the e-mail system, and software furnished to employees are the City property intended for business use. Employees should not use a password, access a file, or retrieve any stored communication without authorization. To ensure compliance with this policy, computer and e-mail usage may be monitored. the City strives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Therefore,the City prohibits the use of computers and the e-mail system in ways that are disruptive, offensive to others, or harmful to morale. For example,the display or transmission of sexually explicit images,messages, and cartoons is not allowed. Other such misuse includes,but is not limited to, ethnic slurs, racial comments, off-color jokes, or anything that may be construed as harassment or showing disrespect for others. E-mail may not be used to solicit others for commercial ventures, religious or political causes, outside organizations, or other non-business*matters. • the City purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer,the City does not have the right to reproduce such software for use on more than one computer. Employees may only use software on local area networks or on multiple machines according to the software license agreement.the City prohibits the illegal duplication of software and its related documentation. Employees should notify their immediate supervisor,the City Manager or any member of management upon learning of violations of this policy. Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment. L APPENDIX "C" GENERAL Cr' PERSONNEL RULES AND REGULATIONS 23.14 Internet Usage Internet access to global electronic information resources on the World Wide Web is provided by the City to assist employees in obtaining work-related data and technology. The following guidelines have been established to help ensure responsible and productive Internet usage. All Internet usage is limited to job-related activities. Personal use of the Internet is not permitted. All Internet data that is composed,transmitted, or received via our computer communications systems is considered to be part of the official records of the City and, as such,is subject to disclosure to law enforcement or other third parties. Consequently, employees should always ensure that the business information contained in Internet e-mail messages and other transmissions is accurate, appropriate, ethical, and lawful. The equipment, services, and technology provided to access the Internet remain at all times the property of the City.As such,the City reserves the right to monitor Internet traffic, and retrieve and read any data composed, sent, or received through our online connections and stored in our computer systems. Data that is composed,transmitted, accessed, or received via the Internet must not contain content that could be considered discriminatory, offensive, obscene,threatening,harassing, intimidating, or disruptive to (be any employee or other person. Examples of imarIceptable content may include, but are not limited to, sexual comments or images, racial slurs,gender-specific comments,or any other comments or images that could reasonably offend someone on the basis of race, age, sex, religious or political beliefs, national origin, disability, sexual orientation, or any other characteristic protected by law. The unauthorized use, installation, copying, or distribution of copyrighted,trademarked, or patented material on the Internet is expressly prohibited.As a general rule, if an employee did not create material, does not own the rights to it, or has not gotten authorization for its use, it should not be put on the Internet. Employeevre also responsible for ensuring that the person sending any material over the Internet has the appropriate distribution rights. Internet users should take the necessary anti-virus precautions before downloading or copying any file from the Internet. All downloaded files are to be checked for viruses; all compressed files are to be checked before and after decompression. Abuse of the Internet access provided by the City in violation of law or the City policies will result in disciplinary action,up to and including termination of employment. Employees may also be held personally liable for any violations of this policy. The following behaviors are examples of previously stated or additional actions and activities that are prohibited and can result in disciplinary action: * Sending or posting discriminatory,harassing, or threatening messages or images * Using the orviniration's time and resources for personal gain * Stealing,using, or disclosing someone else's code or password without authorization %iv APPENDIX "C" GENERAL PERSONNEL RULES AND REGULATIONS 23.14 Internet Usage * Copying,pirating, or downloading software and electronic files without permission * Sending or posting confidential material,trade secrets, or proprietary information outside of the organization *Violating copyright law * Failing to observe licensing agreements * Engaging in unauthorized transactions that may incur a cost to the organization or initiate unwanted Internet services and transmissions * Sending or posting messages or material that could damage the organization's image or reputation *Participating in the viewing or exchange of pornography or obscene materials * Sending or posting messages that defame or slander other individuals _ *Attempting to break into the computer system of another organization or person *Refusing to cooperate with a security investigation * Sending or posting chain letters, solicitations, or advertisements not related to business purposes or activities * Using the Internet for political causes or activities, religious activities, or any sort of gambling * Jeopardizing the security of the organization's electronic communications systems * Sending or posting messages that disparage another organization's products or services *Passing off personal views as representing those of the organization (109 * Sending anonymous e-mail messages * Engaging in any other illegal activities APPENDIX "C" GENERAL PERSONNEL RULES AND REGULATIONS 3.10 • Workplace Violence Prevention - the City is committed to preventing workplace violence and to maintaining a safe work environment. Given the increasing violence in society in general,the City has adopted the following guidelines to deal with intimidation,harassment, or other threats of(or actual)violence that may occur during business hours or on its premises. All employees, inclurling supervisors and temporary employees, should be treated with courtesy and respect at all times. Employees are expected-to refrain from fighting, "horseplay," or other conduct that may be dangerous to others. Firearms,weapons, and other dangerous or ha rdous devices or substances are prohibited from the premises of the City without proper authorization. Conduct that threatens, intimidates, or coerces another employee, a customer, or a member of the public at any time, including off-duty periods,will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual's sex,race, age, or any characteristic protected by federal, state, or local law. All threats of(or actual)violence,both direct and indirect, should be reported as soon as possible to your immediate supervisor or any other member of management. This includes threats by employees, as well as tr, threats by customers, vendors, solicitors, or other members of the public. When reporting a threat of violence,you should be as specific and detailed as possible. All suspicious individuals or activities should also be reported as soon as possible to a supervisor. Do not place yourself in peril. If you see or hear a commotion or disturbance near your work station, do not try to intercede or see what is happening. the City will promptly and thoroughly investigate all reports of threats of(or actual)violence and of suspicious,individuals or activities. The identity of the individual making a report will be protected as much as is practical.In order to maintain workplace safety and the integrity of its investigation,the City may suspend employees, either with or without pay, pending investigation. Anyone determined to be responsible for threats of(or actual)violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment. the City encourages employees to bring their disputes or differences with other employees to the attention of their supervisors or the Human Resources Director before the situation escalates into potential violence.the City is eager to assist in the resolution of employee disputes, and will not discipline employees for raising such concerns. The Times The Tribune -- Published Wcckly on Wednesday Published Weekly on Wednesday 'The Star Advocatee a Th B Bulletin Published Weekly on Wednesday '—~' Published Weekly on Wednesday r to �1�• -TO-LE3451-1T-10/10.1198-Saf-77 NOTICE OP PUIUC HEARING Published Daily The City council ofthi Cityar . Cape Canaveral.Florida will-hold a Public Nearing for the purpose of enacting Ordinance No.11-9a STATE OF FLORIDA • and Ordinance NO. 30-90 at the • City Nall Annex,.Ill'Polk Ave- COUNTY OF BREVARD - hue,Cane Can avera6 Florida at 7 00'P�11, on Tuesday,•oaotlal 10.1991.The ordinances In their l LIS SWANSON entirety may be Inspected at me Office of the City Clerk during! Before the undersigned authority personally appeared who on regular working hours(8:30 a.m.i M 5:00 o.m.,Monday-Friday). LEGAL ADVERTISING CLERK • ORDINANCE N011-I' oath says that she is AN ORDINANCE OF THE CITY! OF CAPE CANAVERAL.-BRE FLORIDA TODAY PEA PECOUNTY.FLORIDA,RE-! LING THE PERSONNEL of the a newspaper published in Brevard County, POLICY OF THE CITY OF CAPE CANAVERAL IN ITS ENTIRETY: AND REPLACING IT WITH NEW Florida:that the attached copy of advertising being a LEGAL NOTICE RULES AND REG- PEATOIONSL PROVID IN FORI - SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING -in the matter of ORDINANCES:AND PROVIDING FOR AN EFFECTIVE DATE.-t CITY OF CAPE CANAVERAL . F•.OROtNANCE NO.10-I0 IT AN ORDINANCE OF THE CITY • •OF CAPE CANAVERAL BRE- VARD COUNTY:.FLORIDA. NOFERNG Din the Court IG, THE CODOFORI- - NANCES OF THE CITY,AMEND- ING SECTION 110-1, ORDINANCE 29-98 and 30-98 DEFINITIONS.BY'REDEFINING .HOTELS AND MOTELS WITHIN' 10-1HO1ELS ANO INGMOTELS. BY AMENDING THE REQUIRE--#I to • MENTS OF THE"ISSUANCE OF CERTIFICATES•OF.OCCUPAN- FLORIDA TODAY NEWSPAPER ICY: PROVID R SEVER- was published in the ABILITY:PROVIDING FOR RE- PEAL•OF INCONSISTENTI 'ORDINANCES IN.CONFLICTIj in the issues of OCTOBER 10 r 1998 FOR ANtTEFFECTIVE DATE.N-4 Pursuant to Stolon 186.101SJJ • Florida Stables,the CRY hereee advises the public that:If a per. son decides to appeal any Oct.: Milani further says That the said FLORIDA-TODAY NEWSPAPER w rn;e b the me l sidered at MI=meeting.Mat per- son will need a record of Me pro- is a newspaper published in said Brevard County. Florida. and that the said newspaper has 1h person and new to ensure that a verbatim record of the pro. heretofore been continuously published in said Brevard County. Florida. regularly as stated above, Includes s is testi own and record Includes the testimony and evi- dence upon which the appeal Is to MELBOURNE co bases This notice does-nog and has been entered as second class mail matter at the post office in constitute consent by the City fon the introduction or admission into evidence of otherwise InadmIssl said Brevard County. Florida, for a period of one year next preceeding the first publication of the DIeo�f i raevant evidence,nchallenges no doit appeals not otherwise allowed Or tles attached Copy of advertisement; and alfiant further saysthat she has neither law. Persons with•d Participate paid nor promised any • needing assistance to Participate In any of theta proceedings should contact the City Certs of- person, Iirm or corporation any discount, rebate. commission or refund (or the purpose of securing lice (IN-1111) 40 hours In ad- vance of the meeting. . -_-• ..I this advertisement for publication in said newspaper. _ (Signature of Alliant) OCTOBER Sworn to and subscribed before me this 10 day of ,g 9. ........_...........o.,8 / / G ( -• - -- .- „FF•. LL loTA9f S_1� I (Signature of Notary Public) • L LINDA L 5R;\UD cottlig cy :RIMERi ..:•:•.. Q CC640634 )1 LINDA L. BRAUD xr°' rt, Lf( CCC.',tiauICN "RES 1 (Name of Notary Typed.Printed or Stamped) ::��.� I'11AY . a,2i101 • Personally Known or Produced Identification Type of Identification Produced