Item R05BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 17, 2010 (KL) Department: County Attorney
Bulk Item: Yes X No
Staff Contact: Suzanne Hutton # 3473
AGENDA ITEM WORDING: Approval of resolution adopting amendments to the Personnel
policies and Procedures, clarifying that County Attorney's office is subject to the policies and
procedures governing salary increases; clarifying that all contractors and officials are expected to abide
by policies, especially those related to harassment and discrimination, although remedial action may
not be taken under the personnel procedures but through other avenues available; clarifying the policies
and procedures regarding complaints about harassment, including that complaints may be made to
commissioners if there is a concern that reporting pursuant to the chain of command will not be
handled properly; requiring auto allowances to be provided solely through following state statute;
clarifying the policy regarding employees accepting gifts; clarifying policy regarding certification
incentive increases; requiring transmission of monthly reports to BOCC re salary increases awarded.
ITEM BACKGROUND: On October 20, 2010, a resolution was submitted to the BOCC to amend
the personnel policies and procedures, covering to some degree the matters listed above, plus a
restriction on the percentage by which an employee's salary could increase without requiring BOCC
action. The BOCC discussed the matter and directed changes to the resolution.
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: N/A
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes Na
APPROVED BY:
County Atty
DOCUMENTATION: Included
DISPOSITION:
Revised 1/09
AMOUNT PER MONTH Year
OMB/Purchasing Risk Management
Not Required
AGENDA ITEM #
RESOLUTION NO. -2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, PROVIDING PROPOSED CHANGES TO
PERSONNEL POLICIES AND PROCEDURES; PROVIDING FOR EXEMPT
PERSONS TO COMPLY WITH POLICIES AND PROCEDURES
ALTHOUGH REMEDIES ARE NOT AVAILABLE THROUGH EMPLOYEE
DISCIPLINARY PROCESS; PROVIDING CLARIFICATION OF GIFT
POLICY; PROVIDING FOR SUBMISSION OF CERTAIN PERSONNEL
ACTIONS TO BOCC FOR APPROVAL; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the scope of Monroe County Personnel Policies and Procedures (P&P)
provides, "personnel policies, regulations and procedures as adopted shall apply to all personnel
in the County Service falling under the jurisdiction of the Board of County Commissioners
(BOCC) and any other agency grant, board or department which so requests;" and
WHEREAS, the P&P also provides exemptions from application of the P&P to
commissioners, contract employees, volunteers, members of various boards and committees, and
independent contractors; and
WHEREAS, notwithstanding the inability to provide for discipline or remedy for
improper behavior of such exempt persons through the county employee disciplinary process,
there are other avenues of recourse which can allow the BOCC to require that everyone behaves
in an appropriate manner so that all employees are entitled to a decent workplace and not subject
to harassment or discrimination; and
WHEREAS, County offices have taken different positions on the interpretation and
application of the existing gift rule, especially with regard to food baskets and similar type gifts
at holiday time; and
WHEREAS, the State's Attorney, after addressing the BOCC on this subject, instituted
the following rule for his own office: "No State Attorney's Office employee (including the
elected official, permanent, part-time, temporary, contract, or volunteer employee) may accept
any gift or service of any value from anyone who has, or is reasonably likely to have, business
with the State Attorney's Office;" and
WHEREAS, the policy sometimes places in a difficult position those employees who are
requested because of their jobs to attend meetings where meals are served in order to make
presentations to the group (such as a chamber of commerce, Fla. Keys Contractors Assn., TDC
functions, etc.), or to become informed as to the issues of concern to the various groups; and
WHEREAS, it is determined to be in the best interests of both the public and the
employees for the gift policy to be more explicit; and
Res Personnel P&P 11/10
WHEREAS, the BOCC has become aware of a disparity between past county treatment
of salaries and auto allowances and Florida Retirement System interpretation of rules, and in the
contracts of the administrator and attorney, said contracts having been revised in conformity with
FRS interpretation, and previous auto allowances for four non -contract employees, and it is
necessary to make the county practice consistent with the FRS interpretation regarding auto
allowances;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe
County, Florida, that:
1) The Monroe County Personnel Policies and Procedures shall be amended as follows:
A. The second paragraph of the Scope, shall be revised to read:
The personnel policies, regulations and procedures as adopted shall apply to all personnel in the
County Service falling under the jurisdiction of the Board of County Commissioners and any
other agency grant, board or department which so requests. All County officials and employees,
including but not limited to elected officials, contracted employees, and advisory board members,
shall comply with the standards of conduct set forth herein
B. Section 4.08 shall be revised to read:
4.08 SALARY RANGES, PROGRESSIONS, INCREASES
No salary adjustment shall be approved unless there is availability of funds, and must be
recommended in writing by the Division Director and approved by the County
Administrator, or approved by the County Attorney for personnel in the Attorney's office
Salary increases may not be provided multiple times within twenty-four (24) consecutive
months to any employee so as to exceed the amount allowed under these policies
A. An employee may receive a salary increase by means of a promotion, reclassification or
pay range adjustment.
An employee reclassified, transferred or hired through promotional opportunity of one pay
grade level or higher shall receive the greater of the minimum salary of the pay range or a 5%
salary increase. An increase above 5% shall require justification in accordance with Section
4.07 B (2). In no case shall the employee's salary be above the maximum pay range.
B. There are no provisions in the County Pay Plan for automatic salary advancements, as all
increases are to be based on availability of funds, work performance, and other pertinent
factors as evaluated by the employee's Supervisor and/or Department Head, and approved
by the Division Director and County Administrator, or County Attorney.
Res Personnel P&P 11/10
C. All requests for salary increases shall be processed through the Human Resources office
and the Division of Budget and Finance for review and determination of compliance with
the County policies and procedures and budgetary control.
D. MERIT INCREASES
1. A merit increase is a salary increase within the same pay grade, awarded for
outstanding County Service.
2. Merit increases are not automatic.
3. The amount of merit increase an employee receives, if any shall be determined by
the availability of funds, and the system/procedures proposed by the County
Administrator and adopted by the Board of County Commissioners each fiscal year.
All salary adjustments must be approved by the County Administrator.
4. An employee shall be eligible for consideration for a merit increase during the
budget preparation period after completion of their initial probation period.
Unless otherwise approved by the Board of County Commissioners each fiscal year,
an employee will receive a Merit Increase on their Anniversary Date (see Section 4.09
C).
5. New employees hired below the minimum rate would be eligible for
consideration six months from the date they are adjusted into the minimum rate.
6. Once an employee has reached the maximum salary amount of the pay grade in
which his or her position is classified, the merit increase will be awarded as a one
time lump sum payment on the employee's anniversary date (unless otherwise
approved by the Board of County Commissioners each fiscal year), unless said
position is reclassified to a higher pay grade (See Section 3 regarding
reclassifications). Nevertheless, the employee will still be evaluated in accordance
with the County evaluation system. All employees are expected to maintain a
satisfactory or above performance level. Failure to do so will result in appropriate
disciplinary action.
7. The foregoing reflects the current procedure, however the County reserves the
right to change or eliminate the procedure whenever necessary.
NOTE: Time spent on a leave of absence without pay in excess of thirty days shall be
deducted from the employee's length of service record when determining the time required
for advancement eligibility.
E. COST OF LIVING INCREASES
Res Personnel P&P 11/10 3
The decision whether to or when to grant a cost of living allowance, as well as the
decision of the amount of such increase (if any) will be made in the sole and
exclusive discretion of the Board of County Commissioners.
F. RECRUITMENT AND RETENTION INCREASES
Retention Salary Increase
This provision is intended to provide consideration of critical and/or unusual administration
problems. A retention salary increase may be approved, at the County Administrator's or
County Attorneys sole discretion, in accordance with the following provisions:
A. If the employee has received a documented bona fide job offer with an employer other than
the County and the retention increase is a counter offer to retain the employee in their
current position (job offers from other Monroe County BOCC offices, Property Appraiser,
Clerk of the Circuit Court, Supervisor of Elections, Tax Collector, Sheriff or other office
that reports to the Board of County Commissioners will not be deemed a bona fide job offer
with an employer other than the County under this provision).
B. Retention salary increase decisions are not grievable through the County's grievance
procedure unless it is alleged that such a decision was made based upon unlawful
discrimination.
C. To be eligible for retention increase consideration, the affected employee must:
1. currently be employed by the County in a career service status position;
2. have been continuously employed in their current position for at least one calendar
year prior to the date the bona fide job offer was made;
3. have received at least a "Meets Expectations" rating on their most recent
performance evaluation, must currently be performing at an acceptable level, and
may not have been issued a written warning within the previous twelve (12) months;
and
4. not have received a retention increase with the past twenty-four (24) calendar
months from the date the increase request is submitted to Human Resources.
The County Administrator. or the County Attorney for personnel in the Attorneys
office_ has sole authority to determine amount offered as a retention increase within
the range of 0% to 25% of the affected employee's salary. The County
Administrator or County Attorney may approve retention increases as single or
multiple salary adjustments; however, if multiple salary adjustments are made for one
retention increase, the total of those salary adjustments may not exceed 25% of the
affected employee's salary.
D. The retention salary increase must not place the employee above the maximum for their
current pay range.
E. Retention increases recommended under this provision are subject to the availability of
funds.
Procedure:
To request a retention increase, the respective Department Head or supervisor shall submit a
retention increase request package to his/her Division Director and obtain his/her approval prior to
Res Personnel P&P 11/10 4
submitting the request to the Human Resources Office. Increase request packages will include, at a
minimum, the following documentation:
1. A cover memo addressed to the County Administrator or County Attorney with the written
recommendation approved by the department head and division director.
2. If the employee has another job offer:
(a) Validity of the job offer, preferably a copy of the written job offer;
(b) The respective division's independent verification of the job offer;
(c) Whether the job offer is comparable to the one the employee currently holds with
the County.
3. A detail of the training costs that Monroe County incurred on the employee's behalf over
the past twenty-four (24) months;
4. summation of the employee's satisfactory job performance (that the employee has
performed and continues to perform at least at a "Meets Expectations" level and that he/she
has not been issued a written warning within the previous twelve months);
5. that the division's recommended increase, if approved, would not place the employee above
the maximum for their current pay range;
6. salary comparison of other employees within the division;
7. recruitment and retention conditions in critical areas as may be demonstrated by (a) high
turnover; (b) declined job offers; or (c) copies of resignation letters from previous
employees.
8. Importance of the position in relation to the Action Plans of the department and division.
The Human Resources office will review the request and make a recommendation to the County
Administrator or County Attorney.
Certification Incentive Salary Increase
This provision is intended to provide an incentive for employees to obtain certifications beyond
their current minimum job requirements which will enhance the knowledge in their current position
and add value to the department as well as the County. Since the Florida Bar Board has rigorous
educational, testing and experience requirements for certification in City County, and Local
Government Law, for which County Ordinance #39-2004 sets forth a specified bonus eligibility
for the certification incentive salary increase is established through the Florida Bar Board and
county ordinance, but all other provisions of this section not inconsistent with the Florida Bar
rules and county ordinance shall apply.
A. Certification incentive salary increase decisions are not grievable through the County's
grievance procedure unless it is alleged that such a decision was made based upon unlawful
discrimination.
B. To be eligible for a certification incentive salary increase consideration, the affected
employee must:
a. currently be employed by the County in a career service status position;
b. have been continuously employed with the County for at least one calendar year
prior to the date of registration of the certification;
c. have received at least a "Meets Expectations" rating on their most recent
performance evaluation, must currently be performing at an acceptable level, and
Res Personnel P&P 11/10
may not have been issued a written warning within the previous twelve (12) months;
and
d. not exceed two certifications per calendar year (renewal of a certification will not net
any additional increase in pay).
C. $1,500 will be added to the affected employee's salary.
D. The certification incentive salary increase must not place the employee above the maximum
of their current pay range. In the event the employee reaches the maximum of their current
pay range, the salary increase will be awarded as a one time lump sum payment.
E. Certification incentive salary increases recommended under this provision are subject to the
availability of funds.
The Human Resources office will review the request and make a recommendation to the County
Administrator.
Procedure:
To request a certification incentive salary increase, the respective employee shall complete the
Certification Incentive form and obtain approvals prior to registering in the certification course or
program.
1. The employee shall complete the form and submit it to the Department Head and Division
Director for their approval of the recommendation.
2. The Employee Services Director will review the request and shall approve or deny the request.
3. Human Resources will officially notify the employee of the approval (or denial).
4. Upon satisfactory completion of the certification program, the employee shall provide sufficient
proof to Human Resources. Human Resources will prepare and process the PAF form to be
effective on the date of certification.
For Florida Bar Board certification, the County Attorney shall approve the employee's filing to
take the certification test and shall process all personnel forms necessary to apply the salary
incentive upon proof of the employee becoming certified. The employee shall maintain the
certification in good standing in order to continue to receive the certification salary increase as
specified by ordinance.
A certification salary increase for any employee is treated as a permanent salary increase as long
as the employee retains the same position and does not exceed a salary greater than the
maximum for his/her pay range_
F. MONTHLY REPORTS TO BOCC
The Human Resources office shall provide a monthly report to the Board of Count
Commissioners as to all personnel actions taken in the calendar month preceding the report
Res Personnel P&P 11/10 6
C. Section 1.05. C shall be revised to read:
1.05 CODE OF ETHICS
Employees shall not accept any gift, favor or service from any member of the public who has, or
is reasonably likely to have, business with the County. Employees who are directed by their
supervisor, or requested by a local association of businesses to attend a function at which a meal
valued under $50 is served and at which the employee is expected to either make a presentation
or take information back to their office for consideration in policy recommendations are not
deemed to be accepting a gift.
D. Section 2.14 shall be revised to read:
2.14 EQUAL OPPORTUNITY POLICY
A. The County is firmly committed to equal employment opportunity, and does not
discriminate in any employment -related decisions on the basis of race, color, religion,
national origin, sex, sexual orientation, gender identity or expression age, disability or
other similar factors that are not job -related.
The County's policy of equality of opportunity applies to all organizational levels of the
County and to all job classifications. It is the responsibility of each elected or appointed
public official. Division Director, Department Head and Supervisor to give the County's
non-discrimination policy full support through leadership, and by personal example. In
addition, it is the duty of each public official and each employee to help maintain a work
environment which is conducive to, and which reflects, the County's commitment to
equal employment opportunity.
B. All personnel actions shall be based solely on ability and fitness of the individual.
C. The Human Resources office shall see that information about job opportunities is
readily available to all employees and citizens of the County, and a continuing program
shall be conducted to make the Equal Employment policies known to all citizens of the
County.
D. In this capacity, the Human Resources office will be responsible for anticipating
problems, formulating solutions, presenting complete analysis of alternatives and
recommended corrective actions and coordinating the recommended actions with up blic
officials, Division Directors, Department Heads and employees.
In the implementation of this policy, the County will aggressively seek personnel for all
job levels within the organization through upgrading and recruitment from minority
group members and women.
Res Personnel P&P 11/10 7
This policy is specifically included and will be a continuing and essential component of
the Personnel Policies and Procedures.
E. Harassment of any kind is prohibited and will not be tolerated
and third naA + + a and other- .hors to n......._.
t+ v as vvuu ua. , ,suppliers,
buildings or- wef4laees. A violation of this policy will subject an employee (iffeg
to disciplinary action, up to and
including termination of employment.
Geunty-pr-emises—Any violation which cannot be remedied through the disciplinM
process set forth in these policies and procedures may be considered by the Board of
County Commissioners for any other avenues legally available such asbut not limited
to, contractual remedies, no trespass orders, injunctive relief, removal of workplace
accommodations which have been abused, or through federal or state laws nrotectine
workers in the workplace.
Harassment is defined as verbal or physical conduct which:
1. Denigrates or shows hostility or aversion toward an individual because of his or
her race, color, religion, gender, national origin, age, veteran status, marital
status, familial status, sexual orientation/pre€eFeeee, gender identity or
expression, or disability/handicap, or that of his or her relatives, friends or
associates.
2. Has the purpose or effect of creating an intimidating, hostile or offensive
working environment;
3. Has the purpose or effect of unreasonably interfering with an individual's work
performance or;
4. Otherwise adversely affects an individual's employment opportunities.
Prohibited harassing conduct includes, but is not limited to, epithets, slurs, jokes,
negative stereotyping, or threatening, intimidating or hostile acts that relate to race, color,
religion, gender, age, national origin, veteran status, marital status, familial status, sexual
orientation/pre€ereeee, gender identity or expression, or disability/handicap. Prohibited
harassing conduct includes written or graphic material that is placed on walls, bulletin
boards or elsewhere on the premises or that is circulated in the workplace.
The above policy includes, but is not limited to, sexual harassment. Sexual harassment
is defined as:
1. Unwelcome sexual advances;
2. Requests for sexual favors;
3. Verbal or physical conduct of a
particularly where:
a. submission to such conduct is
condition of employment;
sexual or otherwise offensive nature,
made, explicitly or implicitly, a term or
b. submission to or rejection of such conduct is used as a basis for
decisions affecting an individual's employment; or
c. such conduct has the purpose or effect of creating an intimidating,
hostile or offensive working environment.
Res Personnel P&P 11/10
4. Sexually offensive jokes, innuendoes, and other sexually oriented statements or
behavior.
If you an individual experiences or observes any prohibited form of harassment of an
employee by any person (regardless of the offender's identity or position)-{4w}ed4og
peblie ef€ieji_@ITDiiisien Dir-eeter-s depaf tcrrr heads, oaovx r yt a rr
parties}, aFe he/she is required to promptly report the incident to a Division Director,
Department Head, the Human Resources Dir-eete Administrator or to the County
Administrator. The County Attorney, Division Directors and Department Heads are
responsible for promptly reporting the allegations or concerns to the Human Resources
Administrator or the County Administrator. .(We eneouFage you to It is encouraged that
the individual put such a complaint in writing). If the complaint is about the County
Administrator or any other person whose official or political position leads an employee
to believe that the complaint may be ignored or handled improperly, the individual who
experiences or sees any prohibited form of harassment which he/she is required to report
may report the conduct to a county commissioner, who shall see that it is properly
processed by staff in an objective manner. Yew The complaint will be immediately
investigated and kept confidential to the extent possible. Individuals who make complaints
have an obligation to assist and cooperate with the County's investigation.
If the County determines that an employee (including public officials, Division Director,
Department Head, or supervisor) or third -party has harassed another individual,
appropriate remedial action will be taken against the offender, up to and including
termination. If the harassment involves a third party such as a contractor, vendor,
supplier, or other visitors to County buildings or the workplace, that person may be
barred from the premises.
The County prohibits any form of retaliation or coercion (including intimidation,
interference or discrimination) for lodging a bona fide
complaint under this policy or for assisting in the investigation of a claim of harassment
If an individual experiences or observes any form of retaliation by any person, employee
or non -employee (regardless of the offender's identity or position) he/she is required to
promptly report the incident to a Division Director Department Head the Human
Resources Administrator or the County Administrator. Division Directors and
Department Heads are responsible for promptly reporting the allegations or concerns to
the Human Resources Administrator or the County Administrator. It is encouraged that
the individual put such a complaint in writing. The complaint will be immediately_
investigated and kept confidential to the extent possible Individuals who make
complaints have an obligation to assist and cooperate with the County's investigation If
the complaint is about the County Administrator or anyperson whose official or
political position leads an employee to believe that the complaint may be ignored or
handled improperly, the individual who experiences or sees any prohibited form of
harassment which he/she is required to report may report the conduct to a county
commissioner, who shall see that it is properly processed by staff in an objective manner.
Res Personnel P&P 11/10 9
The county will protect individuals who make a complaint to the extent legally possible
Any bona fide complaint will in no way be used or held against an employee (or non -
employee) nor will it leave an adverse impact on the complaining employee's
employment.
Individuals shall not assume that the County is aware of a harassment problem and are
required to adhere to this policy and make a report so that the problem can be resolved Any
questions concerning this policy should be addressed to Human Resources
F. If one believes that the County has violated the equal opportunity policy, as stated in
this section, he/she should submit a written complaint to the EEO Coordinator. The EEO
Coordinator shall investigate the complaint and respond to the complaint.
E. Section 15.01 B & C shall be revised to read:
B. Private use of individual vehicles for county business shall be reimbursed for travel
mileage in accordance with Monroe County Code, unless an automobile allowance is
established pursuant to Section 112.061(7)(fl Florida Statutes The subsection requires
that the traveler file a signed statement before the allowance is approved by the agency
head: the statement must provide an estimate for the annual amount based on places and
distances for an average typical month's travel on official business,• and filingof f the
statement and approval of allowance shall be repeated at least annually.
C. Employees who use their personal vehicles for approved County travel shall be
reimbursed in accordance with the information reflected on the reverse side of Form
#C676. These employees should be aware that they may be subject to periodic odometer
audit(s), and that the employee's personal auto insurance is primary payer in case of an
accident while or County business. Employees receiving an automobile allowance may
still use the form to request reimbursement for meals lodging tolls and parking fees
Further, those employees who are receiving an automobile allowance shall not be entitled
to file a claim for in -county mileage reimbursement
F. Section 4.07 Starting Rates shall be amended to read:
4.07 STARTING RATES
A. The minimum salary established for a position is considered the normal appointment
rate for new employees.
B. Appointments below or above the minimum salary may be authorized in the following
situations:
Res Personnel P&P 11/10 10
1. In the event an applicant does not meet the minimum qualifications, but is
expected to obtain said qualifications within 6 months, the hiring authority may
request appointment as a "trainee". In such cases, the employee should be hired at
an appropriate rate below the minimum starting salary.
2. If the applicant's training, experience or other qualifications are substantially
above those required for the position, the County Administrator may approve
employment at a rate above the minimum established for the class. The need to
make appointments in excess of the minimum shall require documentation and
specific approval from the County Administrator or County Attorney.
2. The above changes shall be incorporated into the Monroe County Personnel Policies and
Procedures Manual.
3. This resolution shall become effective upon approval.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida
at a regular meeting on said Board on the day of , A.D., 2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Mario DiGennaro
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL)
ATTEST: Danny L. Kolhage, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Sylvia Murphy
A.
9
Res Personnel P&P 11/10 11