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HomeMy WebLinkAboutOrdinance No. 14-1975M tCRO gEMED 3.14-80 ORDINANCE NO. 14 -75 NDED and. *-9 " AN ORDINANCE ADOPTING PERSONNEL POLICIES FOR THE CITY OF CAPE CANAVERAL, FLORIDA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 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 it 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. The Personnel Policies attached hereto and made part hereof are hereby adopted as the personnel policies of the City of Cape Canaveral, Florida. 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or parts thereof in conflict herewith, and specifically, Ordinance No. 9 -70 of the City of Cape Canaveral, are hereby repealed.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 lOthday of June , 1975. Mayor Protem ponsoring ouncil Membe Ann Thurm ity Attorney CITY OF CAPE CANAVERAL CAPE CANAVERAL, FLORIDA PERSONNEL POLICIES MICROFILMED 3-14-80 DEFINITIONS 1. WORK DAY Hours of work refers to the number of hours an employee is scheduled to work in any twenty -four hour period. 2. 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) 3. PERMANENT EMPLOYEE - A permanent employee is one who has satisfactorily completed his period of probation and works full time. 4. TEMPORARY EMPLOYEE - A temporary employee is one who is em- ployed for an indefinite period of time, but usually not to exceed six months. 5. 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. 6. 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. 7. MAY - The word "may" shall be interpreted as permissive. 8. SHALL - The word "shall" shall be interpreted as mandatory. 9. WILL - The word "will" shall be interpreted as mandatory. 3)0. NEPOTISM - Nepotism is the employment of relatives. 11. IMMEDIATE FAMILY - Immediate family means spouse, children, mother, father, sister, brother, grandmother, grandfather, mother - in -law, father -in -law, and grandchildren. 12. 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. 13. 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. 1. MICROFILMED 3- 14-80 SECTION I AUTHORIZATION, RESPONSIBILITY AND ADMINISTRATION 1. 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. 2. 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. 3. 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. (a) Calling the attention of any employee to any unsatis- factory conduct or performance of duties. 2. MICROFILMED 3.14-80 (b) Personal reprimand of the employee. (c) Suspension of the employee without pay for an appropriate cause, subject to review and approval by the City Manager. (d) Demotion of employee to a position in a lower class- ification, subject to review and approval by the City Manager. (e) 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. SECTION 11 QUALIFICATIONS 1. 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. T determination and certific . perform duties of the post sidered. A physical exam at any time. Physically ha for employment in certain e purpose of the examination will be the tion of physical fitness and ability to ions to which appointment is being con - nation may be required of any employee dicapped persons will be considered .ositions provided they execute a suit- able 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. 2. 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. .MICROFILMED 3.14.8 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. SECTION III RESTRICTIONS 1. 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. SECTION IV PERSONNEL POLICIES 1. BASIS OF EMPLOYMENT - All employment with the City shall be based on merit, ability and physical and moral fitness as evidenced by: (a) Training and experience as reflected by the application form and other documentation, certification, registration, etc. as requested. (b) Mental examination or performance tests if desired. (c) Pre- employment physical examination. (d) Character and /or credit investigation by the City Manager. (e) 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. 2. TYPE OF POSITIONS Permanent - These are positions with a required work week equaling or exceeding the fuI time established work week. 4. MICROFILMED 314'8 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. 3. 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. 4. 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. 5. STANDARDS OF CONDUCT (a) 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. (b) 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. (c) 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. 6. 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. MICROFILM 3.14-80= 7. 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. 8. 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 anywell 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. MICROFILMED 44.80 final unless an appeal by the employee is taken in accordance wi th Ordinance No. 24 -73. 9. 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: (a) Conviction of a felony charge. (b) Repeated convictions of misdemeanor charges, City ordinances, or civil infractions. (c) Use of intoxicants while on duty, or reporting for scheduled duty under the influence of alcohol. (d) Flagrant or persistent insubordination. (e) 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). (f) Inciting or engaging in strikes or riots. (g) Misappropriation or unauthorized use of city equipment, tools, machines, funds, etc. (h) Incompetence or repeated neglect of duty. (i) Repeated failure or neglect to meet credit obligations. (j) Unauthorized absence from duty without satisfactory explanation. (k) Falsifying employment application or any City records. (1) Repeated violations of standards of employee conduct as described in Section IV, paragraph hereof. 10. 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. 11. TERMINATION OF EMPLOYMENT (a) In order to resign in good standing, employees in 7. MICRON!. V ED 14.80 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. (b) 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. 12. 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: (a) Immediate supervisor (b) Department head (c) 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. MICROFILMED' ,ter_. 3.4.80 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, unless a further appeal by the employee is taken in accordance with Ordinance No. 24 -73. 13. 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 disciplinary 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. 14. 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. 15. 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 the employee's personnel record. 9. MICROFILMED .4; SECTION V COMPENSATION 1. SALARY AND ADVANCEMENT (a) 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 rare 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. (b) 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 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 V 1. (a). (c) 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 V 1. (d). (d) Merit Advancement Within A Salary Schedule - Pro- gression from a step within a salary schedule to the next 10. MICROFILMED 3.24-80 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 V 1. (e). (e) 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: 1) 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. 2) 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. 2. WAGES, HOURS, ETC. (a) 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 Bach fiscal year. 11. MICROFILMED 3-14 -8O (b) 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- ed by the department head and City Manager. (c) 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 com- pensated as provided in said Act. (d) 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. (e) Part -time employees shall be paid on an hourly rate as shown in the salary schedule for the position, 3. 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. 4. 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. 5. 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. MICROFIL 110 344.80 1 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 dudes. SECTION VI EMPLOYEE BENEFITS 1. 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 insur- ance coverage on employees only and group hospitalization insur- ance on employees' dependants are available at the expense of the employee. 2. VACATIONS (a) 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 (b) 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. MICROFILMED 344-80 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. (c) 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. (d) Vacation will not be used by the employee in less than eight hour increments. (e) Vacation shall be taken by the employee in each calendar year and shall not be accrued beyond six months of the next calendar year. HOLIDAYS (a) 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 (b) Any additional day proclaimed as a holiday by the City. 4. LEAVE (a) 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. (b) The unused part of the annual sick leave shall be accum- ulated up to 400 hoirs in a Sick Leave Bank to be used after current sick leave is exhausted. Upon termination, except 14. MICROFILMED 344-80 w. • for voluntary resignation without proper notice, employees shall be paid for 50% of unused accumulated sick leave. (c) Bereavement Leave - Bereavement leave shall be grant- ed with pay for not to exceed three (3) days for attendance at a 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. (d) Emergency Leave For critical illnesses in the immed- iate 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. (e) 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. (f) 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. (g) 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. MICROFILMED 3-14.30 perform other duties, shall be granted a leave of absence without, pay. (h) 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. (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. SECTION VII PERSONNEL RECORDS 1. ACCOUNTING RESPONSIBILITIES (a) 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. (b) The department head should require all supervisors to notify all employees of the importance of keeping their personnel record current. The department secretary should . send a change of status form to the personnel file listing any change of employee status as follows: 16. MICROFILMED 344 °8Q 1. Change of address (even if temporary). 2. Change of telephone number or nearest telephone number. 3. Change of life insurance beneficiary. 4. Number of dependents. 5. Change in marital status. 6. 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, in- 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. (c) 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. 2. 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 appiica.ble, periodic evaluation reports, a record of disciplinary 17. MICROFILMED 34440 ' action, if any, a record of initial salary and subsequent changes and a perpetual record of accrued vacation leave and sick leave. SECTION VIII 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 establ ished, be responsible for all damages to City vehicles involving $100.00 or less. (c) Use of toils, 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. 18.