Item M4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Januarv 15,2003
Division: Management Services
Bulk Item: Yes No X Department: Administrative Services
AGENDA ITEM WORDING: Approval of changes to the Monroe County Policies &
Procedures Manual as recommended by the Monroe County Personnel Policies & Procedure
Review Board.
ITEM BACKGROUND: Monroe County Code Section 2-215 established a seven-member
Monroe County Personnel Policies & Procedures Review Board. The members are 3 members
elected by the Employee Relations Committee, 1 supervisor, 1 middle management employee,
Director of Human Resources, and 1 Division Director. They are tasked with reviewing all
proposed changes to the Personnel Policies & Procedures prior to presentation to the Board of
County Commissioners.
PREVIOUS RELEVANT BOCC ACTION: Last Revision to Monroe County Personnel Policies
& Procedures was August 11, 1999.
CONTRACT/AGREEMENT CHANGES: See attached letter.
STAFF RECOMMENDATIONS: Approval recommended by Monroe County Personnel
Policies & Procedure Board.
TOTAL COST: See attached
BUDGETED: Yes
No
COST TO COUNTY: See Attached SOURCE OF FUNDS: Various-
approx. 70% ad Valorem _
REVENUE PRODUCING: Yes No -X AMOUNT PER MONTH_ Year
APPROVED BY: County AttfltJ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
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Vi 'c...... ;:2:/,-~1 c-z-. ~ .
Sheila A. Barker
DOCUMENTATION:
DISPOSITION:
Included X
To Follow Not Required
~GENDA ITEM # ~7
Recap of Significant Changes to Personnel Policies & Procedures Manual.
Board of County Commissioners Meeting - January 15,2003
Note: All changes of a housekeeping nature (spelling, grammar, consistency, capitalization, rearrangement of
items for clarification, updating current source numbers of Ordinances and regulations) are not highlighted,
1.03 _ Outside Employment - Changed to clarify what constitutes a conflict with County employment.
2.ll(E) _ Tuition Reimbursement - Updated to include distance learning and on-line fees for computer acquired
courses. Also updated to recognize grading of pass-fail on many of these courses,
5.01 Work days and work weeks - Clarification of Alternative Work Schedules and Flextime Program for
greater utilization of manpower and equipment; plus give flexibility to employees while not diminishing the
quantity and quality of service provided to the Citizens of Monroe County.
5.02. Overtime Work for Non-Exempt, non-emergency response employees - clarified the use of compensatory
time based on changes to FLSA requirements.
6.04 Holidays falling on Weekend _ Changed date observed as holiday for facilities that are normally open on
Saturday and Sunday,
7.01 Annual Leave _ Recognition of the 37-'h hour workweek and addressing the proper accrual for hours
worked.
7.0l(C.l) -Use-or-lose annual leave policy. Employees will be paid for those hours in excess of maximum
carryover. This is an incentive to employees who find it difficult to be absent from work and beneficial to the
County by increasing productivity of those people who would rather be at work than forced to use vacation
rather than lose the time. Forced use-or-lose policy increases use of overtime in many positions. ($11,000 lost
by employees on September 30, 2002).
7.07 Payment of Unused Sick Leave - As an incentive to long-term employees - allowing those employees with
a minimum of 480 accrued sick leave the option of receiving payment for 'h of their yearly sick leave accrual.
(480 hours is the amount of time employees are entitled to under Family Medical & Leave Act). Employees
eligible for this option are also eligible to receive partial payment for sick leave upon termination at their current
salary. This is a reduction of long-term liability for these payments. -Estimate approximately $65,000
annually. Reduction of long-term liability. Remainder of sick leave is paid at termination per existing
policy.
8.0l(A) - Clarification of payment for jury duty.
8.0l(E) _ Clarification of usage of leave time governed by USERRA (Uniformed Service Employment & Re-
employment Rights Act of 1994).
8.01(K) _ Mentoring Program _ added information recognizing board approved program covered in Resolution
100-2000 granting up to one hour per week administrative leave for school mentoring and tutoring programs.
Submitted by Monroe County Personnel Policies & Review Board
Dave Owens, Chairman
Sheila Barker, Secretary
Jennifer Hill
Pam Pumar (Alternate)
Stacey Roberts
Pat Reeder
Mary Tucker
Reggie Paros
Monroe County Personnel Policies &
Procedures Manual
January 15,2003
PREAMBLE
ADMINISTRATION CODE OF ETHICS
An employee in the public service must always laetndnstrate the highest standards of
personal integrity, truthfulness, honesty and fortitude in all public activities in order to
inspire public confidence and trust in public institutions.
Perceptions of others are critical to the reputation of an individual or a public agency.
Nothing is more important to public administrators than the public's opinion about their
honesty, truthfulness and personal integrity. It overshadows competence as the premier
value sought by citizens in their public officials and employees.
Any individual or collective compromise with respect to these character traits can damage
the ability of an agency to perform its tasks or accomplish its mission. The reputation of
the administrator may be tarnished. Effectiveness may be impaired. A career or careers
may be destroyed.
The best insurance against loss of public confidence is adherence to the highest standards
of integrity, honesty, truthfulness and fortitude.
Public administrators are obliged to develop CIVIC virtues because of the public
responsibilities they have sought and obtained. Respect for the truth, for fairly dealing
with others, for sensitivity to rights and responsibilities of citizens, and for the public
good must be generated and carefully nurtured and matured.
If one is responsible for the performance of others, the reasons for the importance of
integrity must be shared with them. They must be held to high ethical standards and
taught the moral as well as the financial responsibility for the public funds under their
care.
If one is responsible only for his or her performance, then he or she must not compromise
honesty and integrity for advancement, honors, or personal gain.
'-IVe must strive to be discreet, respectful of proper authority and our appointed or elected
superiors, and sensitive to the expectations and the values of the public we serve. We
must practice the Golden Rule: doing to and for others what we would have done to and
for us in similar circumstances.
One should be modest about his or her talents, letting the work speak for itself and be
generous in their praises of the good work of our peers and associates. We must be ever
mindful to guard the Public Purse as ifit were our own.
No matter whether an official or an employee, by our own example, we should give
testimony to our regard for the rights of others, acknowledging their legitimate
responsibilities and not trespassing upon them. We must concede gracefully, quickly and
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publicly when we have erred and be fair and sensitive to those who have not fared well in
their dealings with our agencies and their applications of the law, regulations, or
administrative procedures.
The only gains one should seek from public employment are salaries, fringe benefits,
respect and recognition for work. One's personal, gains may also include the infinite
pleasure of doing a good job, helping the public, and achieving career goals.
No elected or appointed public servant should borrow or accept gifts from the staff or any
corporation which buys services from, or sells to, or is regulated by his or her
governmental agency. If one's work brings him or her in frequent contact with firms
supplying the government, her or she must be sure to pay his or her own expenses.
Public property, funds and power should never be directed toward personal or political
gain. We must make it clear by our own actions that we will not tolerate any use of
public funds to benefit one's self, family or friends.
And finally, we fill-st serve the public with respect, concern, courtesy and responsiveness,
recognizing that service to the public is beyond service to oneself.
END
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. To select, train, motivate, and retain highly qualified dedicated men and
women as County employees.
The above Monroe County Mission Statement reflects
the underlying principle of County government.
It exemplifies the contribution that the orgarlizatiQn makes to society in
terms of public service, programs, and activities and
is based on values, tradition, and legal mandates.
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Mission Statement
of
Monroe County G9,'(,~rnment
The well being and prosperity of our citizens
requires government's commitment to quality service that enhances
and promotes public safety.
As such, we have agreed upon the following as our Mission Statement:
· To deliver quality public services in an efficient, professional, and timely
manner.
· To protect and preserve the county's physical, environmental, and aesthetic
assets.
· To provide for efficient management and equitable allocation of all fiscal
resources.
· To function as a catalyst for the involvement of residents, businesses, and
organizations in the development and maintenance of a well-integrated
community.
· To identify and anticipate citizens' concerns, problems and opportunities and
take actions to address and resolve them.
· To develop and maintain infrastructure /and utilities that enhance
transportation, commerce, communication, recreation, and the physical well-
being of the people.
· To support the growth and development of individuals, families, and groups.
· To contribute to the economic development and prosperity of our citizens and
promote a well-planned, attractive, and vital community.
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Organizational Values
Of
Monroe County Government Employees
i' ' '~i! {!
The quality of life and environment in Monroe County, Florida
depends upon a partnership among citizens, elected officials and
county employees.
Each one of us is the county.
Each one of us is striving for success.
We are what makes a difference between a good organization and
an outstanding one.
As such, we have agreed upon the following as our organizational
values:
We value open. accessible qovernment. A government cannot be
dishonest if its actions are taken openly, and honest government is
our first responsibility. Openness encourages competence because
it subjects our actions to public scrutiny.
We value fiscal responsibilitv. Careful management of our financial
resources demonstrates our respect for the citizens whose taxes
support our organization. Fiscal responsibility recognizes that most
problems cannot be solved by money alone, and therefore demands
fresh approaches and creativity in addressing issues.
We value a spirit of professionalism. We believe that successful
completion of the task is more important th?n who gets the credit. A
professional attitude dictates a dispassionate analysis of issues, free
of personal biases and with a commitment to the organization and
the county.
We value a humane orqanization. We believe that our work should
be a source of enjoyment and satisfaction. We place great
emphasis upon personal qualities that contribute to that environment;
informality, humility, energy, independence of thought, a ready sense
of humor and a carinq attitude.
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We value orqanization self-sufficiency, To insure the continuity of
County services and programs, and to foster innovation in the
development of those services and programs, we encourage the use
of local resources to meet local needs.
1, "'~I i i
We are proud of the Florida Keys, Monroe County,
And the citizens we serve.
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INTRODUCTION
II "'1'/ i!
INTENT
It shall be the intent of the Board of County Commissioners and other grants, agencies or
elected officials who so request to adopt these policies and procedures that:
A. The employees of Monroe County be productive persons who perform useful County
functions.
B. There shall be no employees on the County payroll for whom there is no employment
need.
C. All officials and employees shall comply with and assist in carrying out the personnel
program.
D. All appointments to the County Service are to be made in accordance with the rules,
regulations and procedures established and adopted by the Board of County
Commissioners.
E. These Policies and Procedures generally cover the information concerning the
policies, regulations and benefits for the employees of Monroe County. These Policies
and Procedures and the representations made in them do not constitute any form of
employment contract or guarantee. If an employee seeks information which is not
covered in these Policies and Procedures, or if an employee wishes clarification of any
policy or procedure, he or she should check with his or her Supervisor and/or Department
Head.
The County, of course, may change its Policies and Procedures with regard to matters
covered herein and such changes may not be reflected in these Policies and Procedures at
the time the employee reads them. Existing policy as determined from time to time by
the County Administrator or the Board of County Commissioners shall supersede any
written information previously distributed to employees.
F. In accordance with Ordinance #038-1988, the Board of County Commissioners
established a Personnel Policies and Procedures Review Board whereby any employee
may submit proposed changes to the Monroe County Personnel Policies and Procedures
to the Personnel Section at any time. Proposed changes will be discussed by the Review
Board and recommendations will be made to the County Administrator who will review
said recommendations for his approval. If there are any recommendations that do not
meet with the approval of the Administrator, those changes will again be reconsidered by
the Review Board. If approved, said changes will be presented to the Board of
Commissioners for a final decision. If there are one or more proposed changes on which
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the Review Board and the Administrator cannot agree, the final decision will be made by
the Board of Commissioners. These changes will be adopted by resolution. Forms for
proposed changes may be obtained in the Personnel office.
SCOPE
For the purpose of expediency, these policies ma:r refer to either the male or female
gender, or both with no intent to discriminate. All policies apply to both genders.
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.
Any action which these procedures authorize to be taken at a particular level of
authorization may be initiated or taken by anyone in a position of higher authority, within
the chain of command.
THE COUNTY SERVICE
The County Service shall consist of all existing positions and any positions hereinafter
created in the County with the following exemptions:
A. The Board of County Commissioners and any positions which are exempt under
Chapter 69-1321, Section 3, Laws of Florida.
B. Other elected officials.
C. Members of Boards, Committees and Commissions, unless they are also County
employees.
D. Persons employed in a professional capacity on a contractual, fee or retainer basis or
hired to perform specific services, as defined herein, including but not limited to
investigations or inquiries on behalf of the County Commissioners, or a committee
thereof, or other elected officials.
E. Volunteers.
PERSONNEL SECTION
It is the responsibility of the County Administrator to render service to the County
government in the fields of personnel management and employee relations, and to ensure
uniform, fair and efficient personnel administration. In this regard, the County
Administrator shall establish and oversee the administration of a Human Resources
Department, through the Division of Management Services. In addition to the duties
imposed by personnel policies and regulations, it is the responsibility of the County
Administrator, through the Personnel Section, to:
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A. Apply and carry out personnel policies and regulations as adopted by the Board of
County Commissioners.
B. Foster and develop programs for the improvement of employee effectiveness and
morale.
1'1"111 ii
C. Conduct evaluations and studies to determine the effectiveness of the personnel
program, and periodically submit a report of findings and recommendations to the Board
of County Commissioners.
D. Ensure that all personnel have been employed in accordance with the provisions of
personnel policies and procedures.
E. Maintain a classification plan for all employees in the County Service.
F. Maintain a pay plan for all employees in the County Service.
G. Develop and administer tests and examinations as deemed necessary to determine the
fitness and abilities of applicants for jobs in the County Service, and promotional
opportunities.
H. Prepare, or have prepared, and submit to the Board of County Commissioners,
corrected, revised, or additional personnel policies and procedures for their approval.
1. Perform any other lawful acts considered necessary to carry out the purpose and
provisions of the personnel policies and procedures.
J. Perform interviewing, background investigations and otherwise pre-qualifying
candidates for County employment.
K. Prepare any County Affirmative Action Plan.
L. Recruit qualified applicants to fill departmental vacancies.
M. Perform induction of all newly-hired personnel including completion of required
personnel and payroll forms, arranging physical examinations and providing employee
orientation.
N. Provide staff support to the Board of County Commissioners in regard to personnel
matters.
O. Administer B.O.C.C. adopted drug and alcohol programs.
RECORDS OF PERSONNEL SECTION
The efficient administration of the County's Personnel Section depends on accurate
information about the County and each of its employees. In order to keep personnel
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records up to date, employees must notify their Supervisor and the Personnel Section
immediately of any change of name, address, telephone number, whom to contact in case
of emergency, insurance beneficiaries, dependents eligible for family coverage of
insurance, information for income tax withholding, driving status and other similar
information.
The County respects the privacy of its employees' rights and, in this regard, will keep all
information in its personnel files confidential -- to the extent permitted under Florida law.
i, ",~' it'
All requests from Sources outside the County for personnel information concerning
applicants for employment, current employees, and former employees shall be directed to
the Human Resources Department. The Human Resources Department will release
information to outsiders in accordance with Florida Statute 119.
RlSK MANAGEMENT - SAFETY/LOSS CONTROL SECTION
A. RlSK MANAGEMENT
It is the responsibility of the County Administrator to protect the County from
financial loss due to public liability exposures and/or property damage. This may
be accomplished by either the utilization of fully insured or self-insured programs
or policy contracts, as approved by the Board of County Commissioners. The
Human Resources Department, Risk Management Section will maintain all
insurance policies, property schedules, etc., and will properly distribute all
insurance premiums to the budgetary units.
The County Administrator will institute recognized risk management techniques,
with the cooperation of all Division and Department Heads, the County Attorney's
office, and Constitutional Officers (where applicable), to further identify potential
exposures, recommending to the County Commission the best course of action to
properly protect the interests of Monroe County.
INSURANCE
A. EMPLOYEE BENEFITS SECTION (Group Insurance and Workers
Compensation)
The County Administrator will oversee all employee benefit programs, including,
but not limited to Life Insurance and Health Insurance for Board employees, as
',well as Constitutional Officer employees (if participated in by those entities). All
enrollment records, claim files and the proper distribution of expenses will be
assigned to the Human Resources Department, Employee Benefits Section, with
final approval ofprograrn types and levels of benefits remaining with the Board of
County Commissioners.
B. SELF-FUNDED PROGRAMS
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Where the Board of County Commissioners has determined that the use of a self-
funded program is in its best interest, it will be the County Administrator's
responsibility to oversee the Administration of said programs.
C. MONROE COUNTY ACCIDENT REVIEW BOARD
In accordance with the Florida Administrative Code, Monroe County Safety
policies and Procedures, and County Administrator Instructions, the Monroe
County Safety/Accident Board functions to prevent accidents through review of
accident/incidents reported to the Human Resource Department, and recommends
safety-related policies and procedures to the County Safety Office. This Board
also serves as the Safety Advisory Committee, and functions under the guidelines
as set down in the Administrative Instructions for the function and by-laws of the
committee
D. ADMINISTRATIVE INSTRUCTION SYSTEM
The County Administrator will establish a standardized administrative instruction
system for initiating, preparing, controlling, monitoring and promulgating all
Monroe County Administrative Policies and Procedures by way of rules and
guidelines, which clarify those adopted Monroe County Administrative Policies
and Procedures. These Administrative Instructions shall only be further detailing,
by instructions or rules, of those Policies and Procedures provided in this manual,
where, for ministerial purposes, policy clarifications are particularly applicable.
Where conflict may occur, the Board of County Commissioners reserves the
authority of final determination as to ministerial function. This system will be
structured according to Monroe County Administration Instruction 1000, issued
February 2, 1989, but may be deleted, changed, revised or altered at any time by
the County Administrator. Reference to these Administrative Instructions will be
made throughout these policies.
All employees will be responsible for being familiar with and complying with
these instructions. Division and Department Heads will be responsible for
appropriate dissemination of these instructions.
All references to Administrative Instruction should be construed to mean most
current revision. Suffix numbers change with revisions.
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GENERAL POLICIES
SECTION 1
1.01 CAREER SERVICE
11 '''N 'I
A. DEFINITION
In accordance with Chapter 69-1321 Laws of Florida, as amended,
employees designated in this Act, having at least one (1) year of
continuous satisfactory service, shall be considered career service
employees, except as set forth in these policies and procedures.
B. APPLICATION FOR CAREER SERVICE
Approximately one month prior to the employee's anniversary date, except
as provided for in Section 2.04 herein, the Personnel Section will provide
the Department Head with a form which will be used to evaluate the
employee in accordance with these policies and procedures. The
evaluation form will be returned to the Personnel Section and placed in the
employee's personnel record. (See Section 2.04.) If a positive
recommendation is made to retain the employee by the appropriate
Department/Division Director and approved by the County Administrator,
the employee will be eligible for Career Service upon completion of one
(1) year of continuous, satisfactory, full-time employment. Temporary
employees who transfer to or are hired in a regular County position must
serve a 12-month probationary period in the County position before being
eligible for Career Service.
C. CONTRACTEMYLOYEE
The County Commission may waive, at its option, the necessity for the
probationary service of a contract employee prior to his employment by
the County into a regular position under the Career Service rules. In no
event, however, may the County waive such probationary requirement
unless the affected employee has served at least one (1) year in the
capacity for which the probation has been waived.
1.02 POLITICAL ACTIVITY
A. No employee shall use any promise, reward or threat to encourage or coerce
any person to support or contribute to any political issue, candidate or party.
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B. No employee shall use his official authority as an employee to influence or
attempt to influence, coerce or attempt to coerce a political body or to in any way
interfere with any nomination or election of any person to any public office.
C. Nothing will prohibit any employee from expressing his opinion on any
candidate, on issues, or from participating iln"'lmy political campaign during his
off-duty hours.
D. Nothing herein contained shall affect the right of the employees to hold
membership in, and support, a political party, to vote as they choose, to express
opinions on all political subjects and candidates, to maintain political neutrality,
and to attend political meetings during off-duty hours.
E. Employees shall at all times comply with all provisions of Section 104.31,
Florida Statutes, which is generally stated in part in 1.02 (A) & (B) above, any
may be amended from time to time.
1.03 OUTSIDE EMPLOYMENT
A. Full-time employees are not restricted from engaging in other employment during
their off-duty hours. However, County employment must be considered the primary
employment. Employees shall not, directly or indirectly, engage in any outside
employment or financial interest which may conflict, in the County's opinion, with
the best interests of the County or interfere with the employee's ability to perform the
assigned County job. Examples include, but are not limited to, outside employment
which:
1) Prevents the employee from being available for work beyond normal working
hours, such as emergencies or peak work periods, when such availability is a
regular part of the employee's job;
2) Is conducted during the employee's work hours;
3) Utilizes County telephones, computers, supplies, or any other resources,
facilities, or equipment;
4) May reasonably be perceived by members of the public as a conflict of interest
or otherwise discredits public service.
B. Employees shall not be instructed or allowed to perform work for private
individuals or other governmental agencies as part of his/her County employment
except in those instances where such work is part of contract arrangements
entered into by the Board of County Commissioners with such private individuals
or government agencies, or in those cases where under prior Board of County
.' Commission policy, the employee is to give service in an emergency situation.
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1.04 USE OF COUNTY PROPERTY, PROCEDURES OR FACILITIES
Equipment, facilities, vehicles, property, or any resource or procedure of the
County shall not be used by any employee, or use of same authorized for anyone
by an employee for any reason or purpose beyond! that deemed de minimis use by
the Internal Revenue Service Code for anything other than County business. The
use of same for personal gain or use may be cause for termination. See
Administrative Instruction 1004 for additional information concerning use of
County vehicles.
1.05 CODE OF ETHICS
A. All employees must be aware of, and comply with, Section 112:311 (6)
Florida Statutes which currently provides in part: "It is declared to be the policy
of the state that public officers and employees, state and local, are agents of the
people and hold their positions for the benefit of the public. They are bound to
uphold the Constitution of the United States and the State Constitution and to
perform efficiently and faithfully their duties under the laws of the federal, state,
and local governments. Such officers and employees are bound to observe, in
their official acts, the highest standards of ethics consistent with this code and the
advisory opinions rendered with respect hereto regardless of personal
considerations, recognizing that promoting the public interest and maintaining the
respect of the people in their government must be of foremost concern."
B. Employees may not, either directly or indirectly, use their official position
with the County or information obtained in connection with their employment for
private gain, for themselves or others.
C. Employees shall not accept any gift, favor or service from any member of the
public, including but not limited to Christmas and/or birthday gifts.
D. No employee shall make any false statement, certification or recommendation
of any employment under any provision of these policies, or in any manner,
commit or attempt to commit any fraud preventing the impartial execution of the
provisions of these policies, with regard to employment, promotion or transfer.
E. Conflict of interest rules shall be in accordance with the established laws of the
State of Florida.
No County employee shall transact any business in his or her official capacity
with any business entity of which that employee is an officer, agent or member, or
in which he or she holds a material interest.
If an employee is uncertain as to whether he or she may be in violation of this
policy, clarification may be obtained from the Personnel Section.
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The County Administrator may at any time, require a statement of disclosure from
any employee if he has reason to believe that said employee may be in violation of
this policy. The Personnel Section will be responsible for investigating any
alleged incident of conflict of interest and when needed, the County's legal
counsel will interpret Florida Statute 112!~r']-H2.326. If a violation of this
policy is found, appropriate disciplinary action may be initiated.
F. Employees shall not conduct personal business while in County uniform while
on duty Employees shall not consume alcoholic beverages while on duty, nor on
off-duty hours while in uniform.
G. Employees shall not consume or be under the influence of alcoholic beverages
while on duty or in County uniform, nor shall they use, be under the influence of,
consume or possess illegal substances while on duty, in County uniform or on
County property at any time. It is the intent of Monroe County to create and
maintain a drug-free workplace for Monroe County employees, in accordance
with the Drug-Free Workplace Act of 1988. (See Monroe County Administrative
Instruction 4703.) .
H. Any violation of the provisions of this policy shall be subject to review and
appropriate disciplinary action. If the employee has' any doubt as to the
application of the policy as it relates to his or her position, the possible violations
should be discussed with the Department Head or his or her designee, who shall
either approve or forbid the activity, or refer the question to the Personnel Section.
The County Administrator, Division and Department Heads, their Deputies and
other employees holding positions of high public trust and/or authority will be
held to higher disciplinary and ethical standards than other employees.
1.06 DISCLOSURE OF INFORMATION
Information of a sensitive or confidential nature which is obtained in the course of
official duties shall not be released by any employee other than by those charged
with this responsibility as part of their official duties.
1.07 RESTRICTION OF EMPLOYMENT OF RELA TNES
Restrictions on employment of relatives shall be in accordance with Florida
Statute 112.3135 (2) (a) as amended, which currently reads, "A public official
may not appoint, employ, promote, or advance, or advocate for appointment,
.' employment, promotion, or advancement, in or to a position in the agency in
which he is serving or over which he exercises jurisdiction or control, any
individual who is a relative of the public official." The definition of relative will
be expanded by the County to include Domestic Partner. Nothing set forth herein
shall prohibit the employment of more than one (1) member of the same family.
The Personnel Section will be responsible to investigate any alleged incident of
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nepotism, and when needed, the County's legal advisor will furnish current
information to the Personnel Section on Florida Statute 116.111.
vVhere a State or Local statute regarding nepotism exists which is more restrictive
than this policy, the eligible applicant should follow the State and Local statute in
lieu of this policy. Ii "I, if
Definition: Domestic Partnerl - "Domestic Partners" are two adults who have
chosen to share one another's lives in a committed family relationship of mutual
caring. Two individuals are considered to be Domestic Partners if:
(1) they consider themselves to be members of each other's immediate family;
(2) they agree to be jointly responsible for each other's basic living expenses:
(3) neither of them is married or a member of another Domestic Partnership;
(4) they are not blood related in a way that would prevent them from being
married to each other under the laws of Florida;
(5) each is at least of the legal age and competency required by Florida Law to
enter into a marriage or other binding contract;
(6) they each sign of Declaration of Domestic Partnership as provided in for
Section.1403
(7) they reside at the same residence.
1.08 VOLUNTEERS
Monroe County recognizes the importance of work performed by volunteers.
The Department Head will be responsible for obtaining authorization through the
Personnel Section before allowing work to be performed by anyone on a volunteer
basis. Volunteers will not, under any circumstances, be considered County
employees, but will be responsible for following proper procedures and schedules
as outlined by the Department Head.
(See Section 8.01 J regarding voluntary Emergency Response Time for County
employees.)
1.09 VETERANS PREFERENCE IN INITIAL EMPLOYMENT
If no qualified applicant is selected in-house after a seven (7) calendar day posting
period, available positions will then be offered to the general public, unless in-
house and general public notice are authorized by the Director of Human
Resources concurrently. Eligible veterans and spouses of veterans will receive
,preference in initial employment with the exception of those positions which are
-exempt pursuant to Florida's Preference Law {Chapter 295 Florida Statutes
(1987)}.
1 Resolution 081-1998
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EMPLOYMENT POLICIES
it "~I! i!
SECTION 2
2.01 APPOINTING AUTHORITY
The Board of County Commissioners shall be the appointing authority for the
County Administrator and County Attorney. All other positions under the
jurisdiction of the Board of County Commissioners shall be employed and
supervised by the County Administrator. Employment of Division and
Department Heads will require the confirmation of the Board of County
Commissioners. The County Administrator will be responsible for:
A. Approval of all changes in employee status ensuring that all changes are in
accordance with the Personnel Policies and Procedures and the Pay/Classification
Plan.
B. Ensuring that all positions in all Divisions have been fairly and equally
evaluated, rated and classified in accordance with Personnel Policies and
Procedures and the Pay/Classification Plan.
2.02 POSITION CONTROL
A. All positions in the County Service are established and maintained through a
budget each fiscal year, in accordance with procedures provided by the Board of
County Commissioners.
B. The establishment of new or additional positions can only be authorized by the
Board of County Commissioners and the County Administrator, subject to
adequate justification of need and availability of funds.
C. Personnel to fill approved new positions shall be appointed after the position
has been evaluated, classified and assigned a pay grade.
2.03 TYPES OF EMPLOYMENT
A. Original employment is subject to budgetary restrictions. When a person is
initially employed in a position in County Service, he shall be employed in at least
one of the following types of original employment status:
1. Full-Time Regular Employee
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2. Substitute Employee
3. Temporary Employee
4. Emergency Temporary Employee
5. Part-Time Employee
6. Trainee
7. Contract
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Participation in the Social Security program and the Florida State Retirement
System will be in accordance with the rules and regulations governing said
programs.
Any employee paid on an hourly basis will not be eligible for fringe benefits.
B. Definitions oftypes of original employment:
1. Full-Time Regular Employee
a. Full-Time Regular employment will be made to a classification
for regularly budgeted County positions, working 25 hours or more
per week.
b. A Full-Time Regular employee shall be eligible for all County
fringe benefits as set forth in these policies.
c. An employee serving in a full-time regular position shall be
eligible for career service status as described in Section 1.01.
2. Substitute Employee
a. Substitute employment may be made to fill positions for which
leaves of absences are granted to a regular employee.
b. Substitute employment shall be only for a period of time for
which the regular employee is granted leave.
c. A substitute employee shall not be eligible for County fringe
benefits.
d. A substitute employee shall be exempt from career servIce
status.
3. Temporary Employee
a. Temporary employment may be made when the work of a
department requires the services of one or more employees on a
seasonal or intermittent basis, or in a position not classified as a
regular County position.
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b. An employee shall not be allowed to serve on temporary
employment of more than 12 consecutive months or, in the case of
intermittent employment, for more than 1,040 hours during any 12-
month period, except as set forth below.
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c. A temporary employee shall not be eligible for County benefits,
except as stated in 'e' below.
d. A temporary employee shall be exempt from career service
status.
e. All employees who are employed under special grants/projects
shall be temporary employees throughout the duration of the
grant/project. Such employees shall at no time be considered
regular employees of the County, and shall only have the rights of
temporary employees as set forth in these policies and procedures,
except as might be specifically set forth in the special grant or
project requirements. Grant employees who do not qualify as
temporary employees are entitled to the same benefits as a
regular employee except for Career Service status, Years of
Service and any benefit not eligible for reimbursement under the
grant funding for the position.
4. Emergency Temporary Employee
a. Emergency temporary employment may be made when a short-
term emergency exists.
b. Emergency temporary employment may be made without regard
to the person's training or experience.
c. No person shall be given one or more emergency employments
for more than three (3) calendar months.
d. An Emergency Temporary Employee shall not be eligible for
County fringe benefits.
e. An employee hired on an emergency basis shall be exempt from
career service status.
5. Part-Time Employee
An employee is to be considered part-time if the employee works less than
twenty-five (25 ) hours per week. The salaried part-time employee who
works at least twenty (20) hours per week will accrue vacation and sick
leave prorated to the number of hours worked but will not receive group
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insurance. Anyone working less than twenty (20) hours per week will not
accrue sick or annual leave.
6. Trainee Employee
An employee appointed to fill an e'Stablished position on a regular full-
time or part-time basis shall be given trainee status when qualified
applicants are not available for the position and the employee does not
meet the minimum training and experience requirements for the position.
(Refer to Section 4.07.)
7. Contract Employee
Anyone whose employment is project specific will be a contract employee.
Said employee(s) will not attain Career Service Status. Each proposed
contract will be submitted by the County Administrator to the Board of
Commissioners for approval.
2.04 PROBATIONARY PERIOD
A. The standard probationary period for new employees will be twelve (12)
months from the date the employee begins working as a regular employee for the
County. If at any time during the probationary period it is determined that the
employee is not satisfactory, the employee may be terminated without recourse.
Following the probationary period, the County Administrator, or a designee, shall
either: (1) approve, in writing, retention of the employee, at which time the
employee shall be granted career service status: or (2) decide that the probationary
period will be extended for no longer than an additional 3 months if the employee
has not performed satisfactorily for the entire first 12 months: or (3) in the event
the County shall fail to approve the employees' retention the employee shall
automatically be separated from employment with the County, said separation
being absolutely final, with no rights of appeal to any authority, including the
grievance procedure contained herein.
Temporary employees, Federal or State Grant ,employees as well as employees
originally hired under the CET A Program will ,retain their original date of hire if
transferred to or hired in a regular County position for use in procedures
governing fringe benefits and evaluation purposes, when applicable. Said
employee must then serve the standard 12-month probationary period, before
becoming eligible for career service status.
B. During the probationary period, the Department Head or duly-appointed
representative must observe the employee's work habits, attitude and attendance to
see if continued employment in the job is desirable. The Department Head with
concurrence of the Division Director will send the Personnel Section a written
report of the employee's job performance during the sixth and eleventh months of
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the probationary period. Evaluations for Department Heads or Division Directors
will be prepared by the appropriate Supervisor.
C. In the event an employee receives a promotion through the promotional
opportunity process, said employee will serve a 3 month probationary period, or
the remainder of their original probationary period; whichever is greater. If during
this probationary period the employee is found to be unsatisfactory, he or she may
be terminated without right of appeal if recommended by the Department Head
and the Division Director and approved by the Administrator, but will be able to
apply for another County position through the promotional opportunity system for
1 year, after which time he or she must wait until a desired position is open to the
public.
D. Any employee whose position evolves into accepting additional or different
duties and/or responsibilities within the same department may be reclassified to
another pay grade and/or title upon recommendation of the Department Head and
Division Director and approved by the Administrator but will not serve an
additional probationary period. (See Section 3.04 and 3.05.)
2.05 DEFINITION OF SERVICE
A. Creditable Service shall be defined as service during which the employee was
on the payroll of the County, or on approved leave of absence without pay.
B. An employee's continuous service date shall be established as the most recent
date of hire and may not precede the date of actual job performance.
C. Authorized leaves of absence to the extent provided in Section 8 of these
policies shall not be considered a break in service effective at the end of the
employee's regular shift on the last day of work.
D. If an employee has a break of service of 48 hours or more, he/she cannot be
reinstated to hislher former employment status. If he/she is selected for County
employment after such a break in service, he/she must begin as a new employee in
all respects, except for Retirement Benefits which are governed by Florida
Statutes.
E. Any unauthorized leave without pay for three consecutive work days or more
may be considered a break in service, and may result in termination.
2.06 MEDICAL EXAMINATIONS
A. In order to maintain a vigorous and healthy work force the County shall
require post offer medical examinations by a physician designated by the County.
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B. The County Administrator may require that an employee submit to a physical
and/or psychiatric examination by a physician or other qualified practitioner at any
time during their employment, which may include blood and/or urine testing for
drug or alcohol usage. Charges for same will be the responsibility of the County.
Grant Programs will provide funding for '''!medical examinations for their
employees in their respective budgets.
C. Should an examination result in disclosure of inability to meet the required
minimum standards of the specific occupation, the results of the examination shall
be reviewed by the Persorinel Section and the employee's Department Head and/or
Division Director. Findings and recommendations shall be forwarded to the
County Administrator for final disposition. Payment of any expense incurred by
the applicant/employee other than the initial examination required by the County
will be the responsibility of the applicant/employee.
D An employee determined to be physically or mentally unfit to continue
working in hislher current classification may be terminated, but may apply
through the promotional opportunity system for any available position for which
said employee is determined to be qualified as well as physically and mentally fit
to perform all required duties of the position. Said employee will have
promotional opportunity rights for one year after hislher termination date.
E. If a Department Head has reasonable suspicion that an employee is under the
influence of, or using alcoholic or illegal substances, that Department Head may
require that said employee be examined by a physician which may include blood
and/or urine testing.
2.07 BASIS FOR CHANGE OF STATUS
Selection of applicants for new hire and in-house promotion shall be based on the
applicant's ability to perform the job as outlined in the job description of the
position being filled. The job description shall identify the specific knowledge,
skills, and abilities necessary for the successful performance of the duties of the
position.
An evaluation of the applicant's knowledge, skills, and abilities as reflected in
education, experience, licensure or certification as outlined on the employment
application shall be compared to the required minimum qualifications of the
"position. All applicants who appear to possess the required minimum
qualifications shall be evaluated according to uniform and consistently applied
selection techniques established by Personnel Policies and Procedures. These
selection techniques shall be designed to provide maximum validity, reliability,
and objectivity and result in selection from among the applicants who are most
qualified for the position.
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In determining change of status as a result of demotion, recall from layoff or
transfer, job performance shall be the sole criterion. Job performance being equal,
length of continuous service shall be the criterion.
2.08 SELECTION PROCESS
II "'!II"
All interviews whether for new hire or in-house promotion must follow the
interview procedures outlined in Administrative Instruction 4705.
2.09 TRANSFERS
A. The County Administrator may, at any time, transfer an employee from one
area to another and/or from one position to another when he determines that it is
in the best interest of the operation of the County to do so. Transfers will be made
by the County Administrator based upon a recommendation by the employee's
Department Head and Division Director.
B. Employees will be notified in writing of the County Administrator's decision
to transfer them. Employees who claim that a transfer is made arbitrarily and
capriciously or that it is being recommended for disciplinary reasons may appeal a
transfer decision pursuant to Section 10 (Employee Complaint/Grievance
Procedure).
2.10. EMPLOYEE TRAINING
The County may require any employee to attend any and all training deemed
necessary to perform his or her job duties adequately and safely. Prior to
employment with Monroe County, it is the applicant's responsibility to provide
proof of completion of said training requirements. Once employed, any
certification or training deemed necessary for continued employment is to be paid
by the individual with reimbursement made after successful completion. See
2.11, item A.
2.11 EDUCATIONAL ASSISTANCE PROGRAM
A. EDUCATIONAL ASSISTANCE POLICy2
The County may provide financial assistance to County employees for
educational courses which are applicable to the employee's field of work,
or of such nature and quality to directly contribute to the employee's value
and potential growth in the County service. Employees required to
maintain training and certification requirements as a condition of
employment are also eligible for this program.
2 See Florida Statutes 112.063
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In the case of a degree-seeking student; although attainment of said degree
may provide job enhancement for the employee, courses taken in the
pursuit of the degree must have some relation to County employment.
B. ELIGIBILITY
An employee will be considered eligible for partIcipation in the
Educational Assistance Program ifhe has been a full-time employee of the
County for one year or more, and is so recommended by the Supervisor,
Department Head and Personnel Section.
An exception may be made for those employees referred to in Ordinance
No. 008-1987, as approved by the Board of Commissioners.
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C. APPLICA nONS
An Employee must submit the completed Request for Educational
Assistance Form to the immediate Supervisor and Department Head for
approval. The employee shall fonvard the application to the Personnel
Section with the appropriate approvals and a Purchase Order or Audit Slip
for payment. The application must be submitted and approved by the
Supervisor, Department Head, and the Personnel Section prior to the
employee enrolling in the course.
The Personnel Section shall review the employee's eligibility to participate
in the Educational Assistance Program and shall be responsible for the
administration of the program.
Upon enrollment in the course, the employee shall submit to the Personnel
Section the enrollment receipt and textbook receipt.
Upon completion of the course, the employee shall submit to the Personnel
Section the proof of successful completion. The tuition and textbook
receipts, the Audit Slip or Purchase Order and the proof of successful
completion will be sent to the Finance Department for processing. A
copy of all the documentation will be placed in the employee's personnel
file.
D. TIME OFF FROM WORK
Qualified employees may be permitted time off from work with pay to
attend educational training classes or seminars which are related to their
job duties but which are not available during non-working hours, if
approved by the applicable Department Head and/or Division Director.
Allowable time off will be restricted to a maximum of 160 hours in any
calendar year unless specifically othenvise approved by the County
Administrator.
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Employees are attending this trammg on a volunteer basis and time
allowed for attending such training does not constitute hours worked for
the purpose of computing required overtime payments.
E. REIMBURSEMENT
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1. Upon the successful completion of approved courses , the employee
will be eligible for reimbursement of tuition, textbooks, online access fees,
distance learning fees, and lab fees. The employee must present a
certification of successful course completion and a paid receipt for tuition,
textbooks, online access fees, distance learning fees, and lab fees to the
Personnel Office. Requests for reimbursement must be made within sixty
days after completion ofthe course.
2. Textbook reimbursement allowance is limited to $65 per course. The
employee is responsible for paying any difference.
3. Reimbursement for tuition will be made only to employees who are on
the active payroll when payment is due.
4. Where tuition is covered under benefits from the Veterans
Administration or a philanthropic source, qualified employees may
participate only in the "time off from work" feature of the program.
5. Reimbursement under the Educational Assistance Program constitutes
income to the employee. The County must withhold taxes from this L
income and report to government agencies in the same manner.
6. Employees must provide their own transportation to and from training.
7. Refunds shall be limited subject to the availability of funds and the
number of participants in the program.
8. This program may be amended or terminated at any time, however,
such amendment or termination will not affect any courses of study
previously approved.
F. CONDITIONS OF REIMBURSEMENT
Employees who obtain reimbursement for any educational assistance
program shall remain with the County at least one (1) year after
completion of courses, otherwise any reimbursement which was made by
the County to the employee shall be refunded to the County, if the
employee terminates within less than one (1) year from date of completion
of educational assistance courses. Further funding to the County shall be
accomplished by deducting all reimbursement due from the employee's
final paycheck.
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2.12 EMPLOYEE SAFETY It is the responsibility of the County to promote and
pursue a safe and healthy environment for all employees. Monroe County has a
viable safety program approved by the State Division of Safety, as required by
Florida State Statute. The Safety Program shaH he administered and enforced by
the Monroe County Safety Manager according to the Safety Policies and Procedures
adopted by the Board of County Commissioners.
Employees will observe all safety rules and regulations established by the State of
Florida and County Government. Division Directors, Department Heads and
Supervisors are responsible for the observance of those rules within their
jurisdiction. Failure to comply may result in disciplinary action.
2.13 PROMOTIONAL OPPORTUNITIES
A. It is the policy of the Board of County Commissioners to consider qualified
County employees for promotional opportunities before applicants from the
general public are considered. An employee must remain in his or her respective
position for a period of at least six (6) months before transferring to another
position through the Promotional Opportunity system. If it is thought to be in the
best interest of the County to waive this rule, prior approval of the appropriate
Division Director(s) and the County Administrator must be obtained. Please
review Section 2.04 Probationary Period. Promotional Opportunities will be
posted on bulletin boards throughout the County system for seven (7) calendar
days.
B. An eligible employee wishing to apply for a promotional pOSItlon will
complete the Promotional Opportunity Application Form within the seven (7) day
period (date of posting is day one (1)) and submit it to the Personnel Section. The
Personnel Section will review these completed forms and forward all in-house
applications to the Department with the vacancy for consideration.
C. During the seven (7) days the position is posted, any qualified County
applicant is to be given preference in the vacant position. All Promotional
Opportunity applications must be reviewed by the department with the vacancy.
It is the responsibility of the hiring department to review in-house applications
and conduct interviews for qualified County applicants. Any qualified employee
filing a Promotional Opportunity within the required seven (7) day period is to be
considered a priority. In the event the Promotional Opportunity is not received
within the seven (7) day period, the in-house employee shall lose preferential
treatment.
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D.. Eligible veterans and spouses of veterans will receive preference in initial
employment pursuant to Florida's Veterans' Preference Law {Chapter 295, Florida
Statutes}, with the exception of those positions which are exempt under said law.
2.14 EOUAL OPPORTUNITY POLICY
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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, 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
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 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 Personnel Section 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 Personnel Section will be responsible for anticipating
problems, formulating solutions, presenting complete analysis of alternatives and
recommended corrective actions and coordinating the recommended actions with
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.
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 This policy
applies to all employees (including Division Directors, department heads and
supervisors), agents and third-parties such as contractors, vendors, suppliers, and
other visitors to County buildings or workplaces. A violation of this policy will
subject an employee (including Division Directors, department heads or
supervisors) to disciplinary action, up to and including termination of
employment. A violation of this policy by any third party will result in
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appropriate action, which may result in the person(s) being barred trom [he
County premises.
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 statusl, ~exual orientation/preference, or
disabilitYlhandicap, 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/preference, or disabilitylhandicap. 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.
is defined as:
1.
2.
3.
Sexual harassment
Unwelcome sexual advances;
Requests for sexual favors;
Verbal or physical conduct of a sexual or otherwise offensive nature,
particularly where:
a. submission to such conduct is made, explicitly or implicitly, a
term or condition of employment;
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.
4. Sexually offensive jokes, innuendoes, and other sexually oriented
statements or behavior.
If you experience or observe any prohibited harassment by any person (including Division
Directors, department heads, supervisors, employees or third-parties), you are required to
promptly report the incident to a Department Head, the Human Resources Director or to
the County Administrator. (We encourage you to put such a complaint in writing).
Your complaint will be immediately investigated and kept confidential to the extent
possible. Individuals who make complaints have an obligation to assist and cooperate
with th~ County's investigation.
If the County determines that an employee (including 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.
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The County prohibits any form of retaliation against an employee or third party for
lodging a bona fide complaint under this policy or for assisting in the investigation of a
claim of harassment.
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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.
2.15 EMPLOYEE RECOGNITION (See Section 2-15.6, Monroe County Code)
A_EMPLOYEEOFTHEMONT~ARPROGRAM
Monroe County has established an Employee of the MonthlYear Program
designed to recognize employees who demonstrate superior performance and
dedication to their work which is above and beyond the call of duty. (See Monroe
County Administrative Instruction Series 4000.) The employee of the month shall
be awarded a $100 United States Savings Bond and an appreciation plaque. The
employee of the year shall receive a 4% increase, and an appreciation plaque.
B - YEARS OF SERVICE PROGRAM
Monroe County has established a program to recognize County employees who
have been in the County Service for Five, Ten, Fifteen, Twenty, Twenty-five and Thirty
years.
At the employee's anniversary date, or as soon thereafter as is feasible, the Human
Resources Department must cause a letter to be placed in the employee's personnel file
noting the years of service and must deliver the following to the employee:
a _ For 5 years of service, a congratulatory certificate and a $100 award;
b - For 10 years of service, a congratulatory certificate and a $175 award;
c - For 15 years of service, a congratulatory plaque and a $200 award;
d - For 20 years of service, a congratulatory plaque and a $350 award;
e _ For 25 years of service, a congratulatory plaque and a $500 award;
f -For 30 years of service, a congratulatory plaque and a $1,000 award.
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CLASSIFICA TION PLAN
SECTION 3
3.01 CLASSIFICATION PLAN
;1 "N I{
A. SCOPE
The Classification Plan provides for a systematic and equitable
arrangement of job classes and provides for a complete inventory of all
County positions. The purpose of the plan is to group various positions
into related classes based upon the range of duties, responsibilities and
level of work performed.
B. COMPOSITION OF THE CLASSIFICATION PLAN
The Classification Plan comprises written job descriptions for each class
of work included in the County service. Job descriptions are intended to
be a general outline of job duties performed by employees in a particular
job. They are used as a guide in recruiting and examining candidates for
employment, in determining the lines of promotion and developing
training programs, as guidelines in determining salary relationships and in
providing uniform job terminology to convey the same meaning to all
concerned. Job descriptions may be changed from time to time by the
County. This change may expand or reduce the job duties of any job
classification. Employees will be given as much advance notice of a
change in their jobs as is practicable. The job descriptions are maintained
by the Personnel Section and should be reviewed and updated annually, or
whenever a change OCcurs in the duties of any position. Each job
description will be approved by the Department Head, the Division
Director, and the County Administrator. Each employee will receive a
copy of his or her respective job description at the time of his or her
employment, and any time there is a change in his or her job description.
3.02 POSITION AUDIT PROCEDURE
The County Administrator is charged with the responsibility of initiating position
audits of any or all County service positions at any time. Other position audits
' may be initiated by written request to the County Administrator from the
Department Head or the Division Director in which the specific position is
located, or the incumbent of the position to be audited. All requests must be
approved by the Division Director.
Position information will be gained through completion of a Position Information
Questionnaire (PIQ) by the incumbent or by the Supervisor of the position if the
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position is vacant, and through field studies of the position, which may include a
personal visit with the position incumbent by a representative of the Personnel
Section. The applicable Department and Division Director should review and
make recommendations to the County Administrator through the Personnel
Section on all proposed new positions, changes, and position descriptions.
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3.03 DETER1\11INA TION OF CLASSES
A. The Personnel Office upon certification of funds and findings that the
, proposed class or classes are needed, shall propose new or revised classes of work
as well as the abolition of existing or obsolete classes, to the County
Administrator for appropriate action.
B. 'Whenever an employee's position is abolished under this section, said
employee shall have first consideration for a position in a similar classification
that may arise in the County service for a period of one year. However, if that
employee refuses an offer for a similar position or, if that employee within the
one-year period elects to take any position in the County service, said employee
shall be removed from preferential consideration.
3.04 ALLOCATION AND RECLASSIFICATION OF POSITIONS
A. The Personnel Office, after having determined the content of the positions and
having received the certification of funds and findings that the proposed class or
classes are needed, shall propose new or revised classes of work as well as the
abolition of existing or obsolete classes, to the County Administrator for
appropriate action. Recommendations for changes may be made by the Division
Director, who must submit sufficient documentation for the change, including
assurance(s) that the respective departmental budget contains sufficient funds.
B. An employee may be reclassified to a different title and/or pay grade at any
time the County Administrator deems appropriate, after receiving good and
sufficient documentation. A temporary reclassification does not constitute a
promotion or demotion. A change in title and/or pay grade which results from an
evolution into a reduction of duties and/or responsibilities does not constitute a
demotion.
3.05 STATUS OF AN INCillvIBENT IN A RECLASSIFIED POSITION
When the incumbent of a position, through diligent application of work, is
" officially assigned more difficult and significant additional responsibilities and
duties so that it appears as if the position warrants reclassification to a higher
class, the Personnel Office shall perform a field study of the present duties and
responsibilities of the position. If it is determined after recommendation by the
Department Head, Division Director and Personnel that the position should be
reclassified, the County Administrator may require that the incumbent undergo a
prescribed test of fitness, depending on the conditions of the reclassification and
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the nature of the position to be reclassified before approval. A revised job
description will be submitted by the Department Head for approval by the
Division Director and the County Administrator which includes the additional
duties of the position. An employee reclassified in this manner will not serve an
additional probationary period as a result of this reclassification.
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3.06 POSITION CONTROL
All positions are established and maintained through a budget each fiscal year in
accordance with established budget and accounting procedures. The establishment of a
new or additional position can only be based on atle&uate justification of need and the
availability of funds. Such additions must be approved by the County Administrator and
the Board of County Commissioners. The provisions herein do not relate to the Pay Plan,
but to position statuses created by need and necessity only.
The Division of Management Services shall maintain a position control system in
the Department of Human Resources, Personnel Section.
Important:
All additions, reViSions, reclassifications or other personnel actions having a
financial impact on the County shall be reviewed by the Personnel Section and the
Office of Management and Budget and approved by the County Administrator.
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PAY PLAN
SECTION 4
4.01 PURPOSE
i, '1.' i!
The Pay Plan is designed to provide a fair and equitable method for payment of
employees in the County service. It also establishes a set of rules and a unifonn
system of administration.
4.02 ESTABLISHMENT OF THE PAY PLAN
The Pay Plan shall be directly related to the Classification Plan and is the basis for
payment of employees in the County service. This plan shall be established with
consideration being given to the following factors:
A. Relative difficulty and responsibilities existing between various classes of
work.
B. Prevailing wage scales, for similar types of work, found in public and private
industry in the local labor market.
C. Availability of qualified personnel.
D. Economic conditions found in the area.
E. Fiscal policies of the Board of County Commissioners.
4.03 AMENDMENTS
The County Administrator shall make amendments to the Pay Plan when, in his
discretion, economic conditions, labor supplies, or other considerations indicate a
need for such action.
Division Directors may recommend to the County Administrator possible
amendments to the Pay Plan by providing sufficient justification to make an
evaluation of the causes and conditions requiring the change within the confines
of their respective departmental budget.
4.04 PAY PLAN REVISIONS
The Board of County Commissioners must approve the County Administrator's
recommended Plan of Compensation and subsequent revisions for approval and
adoption.
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4.05 ADMINISTRATION
The Human Resources Department, Personnel Section, in conjunction with the
Office of Management and Budget, shall have the responsibility for the day to day
administration of the compensation plan. Approval of all hiring rates and other
payroll changes shall require approval of the Cbunty Administrator in accordance
with these personnel policies.
4.06 APPLICATION OF THE PAY PLAN
All employees shall be employed and paid in accordance with the rates and
policies established by the Pay Plan for the specific job classification under
consideration, unless otherwise stipulated in these policies.
4.07 STARTINGRATES
A. The minimum salary established for a position lS considered the normal
appointment rate for new employees.
B. Appointments below or above the minimum salary may be authorized in the
following situations:
1. In the event an applicant does not meet the minimum qualifications, but
is expected to obtain said qualifications within 2 months, the hiring
authority may request appointm~nt 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 trammg, 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.
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.
A. An employee may receive a salary mcrease by means of a promotion,
reclassification or pay range adjustment.
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
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Supervisor and/or Department Head, and approved by the Division Director and
County Administrator.
C. All requests for salary increases shall be processed through the Personnel
Office and the Office of Management and Budget for review and
determination of compliance with the iiCounty 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 probation
period.
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, no additional merit
increases shall be awarded to that employee, 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.
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E. COST OF LIVING INCREASES
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.
" '!'I il
4.09 DATE OF HIRE, PAYROLL CHANGES, ANNNERSARY DATES &
EMPLOYMENT STATUS CHANGES
A. DATE OF HIRE
The date an employee first begins work for the County shall be hislher
date of hire, and shall be used in relation to the procedures governing
fringe benefits and evaluations when applicable. lillY break in
employment of 48 hours or more will create the need for a new date of hire
if that employee returns to County Service.
B. CHANGES IN EMPLOYMENT STATUS
A promotion can occur when an employee is moved from a position in one
class to another position in a different class which has a higher maximum
salary.
Any employee may be recommended for demotion by the Department
Head with the approval of the Division Director and the County
Administrator for cause. A demoted employee may not be paid more than
the maximum rate established for the new pay grade.
An employee transferred to another position in the same job classification
or to a different position with the same pay range may not be eligible for a
salary increase at the time of transfer. Such transfers may not affect the
employee's anniversary date or other status.
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C. ANNIVERSARY DATES
An employee's anniversary date is the date of any major changes of
employment status and may be used for evaluation purposes when
applicable. " '''I
D. OTHER
When a temporary employee attains the status of regular employee in the
same position, his anniversary date will be his date of hire for evaluation
purposes. Leave accrual and benefits will be implemented in accordance
with current rules and regulations governing same.
4.10 TEMPORARY - HIGHER CLASSIFICATION
An employee may be assigned to work in a higher classification up to one year,
unless otherwise determined by the County Administrator. An employee required
to work in a higher classification 30 consecutive working days or less may be
required to do so at no increase in pay. If the employee is required to work
beyond this period, he or she should be given a temporary transfer to the higher
classification and be paid the appropriate rate for the higher classification
retroactively applied to day one he or she served in such higher classification and
every consecutive working day thereafter. At the conclusion of the assignment,
pay shall revert to the authorized rate established for his regular position. Any
such temporary increase granted shall not affect the employee's eligibility for
normal salary advancement.
4. I 1 WAGES DUE DECEASED EMPLOYEE
In the case of the death of an employee for whom an estate is not raised, any
wages, travel expenses or similar amounts due the employee shall be paid by the
County in accordance with the Florida Statute 222.15. An employee who does not
have living parents, Spouse, or children shall have the right to designate a
beneficiary in writing.
4.12 BUDGET LWITATIONS
'- The County Administrator must administer these Policies and Procedures within
the amounts which are contained in the budget as established by the Board of
County Commissioners. Accordingly, all employees are hereby placed on notice
that the payment of salaries and the granting of salary increases is always subject
to the availability of funds.
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HOURS OF WORK
SECTION 5!1! ; i
5.01 WORK DAYS AND WORK WEEK
A. No County Department may operate on less than a 37 1/2 hour normal work
week, nor more than a 40 hour normal work week (exclusive of lunch breaks),
unless authorized in advance in writing by the County Administrator.
B. The work week shall start at 12:01 a.m. Sunday and end at 12:00 midnight
Saturday, unless otherwise approved by the County Administrator.
C. Effective May 1, 1991, all newly hired regular full-time employees will be
required to work 40 hours per week unless the authorized job posting states
otherwise, or unless otherwise determined by the County Administrator. When an
employee changes his or her position through the Promotional Opportunity system
he/she will be required to work forty (40) hours per week, unless otherwise
posted.
D. All full-time employees are required to be present on their assigned jobs for
the total hours in their work week, unless absence from duty is authorized by the
appropriate authority in accordance with these personnel policies.
E. Part-time employees are required to be present on their assigned jobs for the
total number of hours for which compensations are being received, unless absence
from duty is authorized by the appropriate authority in accordance with these
personnel policies.
F. All absences shall be properly recorded and charged.
G. Nothing herein shall constitute a guaranteed minimum number of working
hours per week.
H. Alternative work schedules (i.e. four 10 hour days) are implemented at the
discretion of the Division Director for operations and sections that can utilize
manpower and equipment in a more productive manner with the longer day.
1. Flextime Program - In departments where operations permit a flexible
schedule, department heads may authorize a flexible schedule under the
provisions of the Administrative Instruction.
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1. Shift Exchange Policy - FIRE/EMS employees on 24/48 shifts _ see EMS
Policy Addendum - Section A-4.
5.02 OVERTIME WORK. FOR NON-EXEMPT. NON-EMERGENCY RESPONSE
EMPLOYEES
i, il! if
Overtime is generally an unbudgeted expense, and should be approved prior to
time worked.
A. STATEMENT OF POLICY
1. Overtime, whether compensated with cash or time off, must be
approved by the Department Head or other appropriate authority as stated
in Administrative Instruction #1003 Series. The employment and work
program of each Department should be arranged so as to eliminate the
necessity of overtime work except in emergency situations.
2. Overtime is defined as work assigned and actually worked by any
employee beyond the normal scheduled work week.
3. Employees who work more than their normally scheduled hours will be
paid at their straight-time rate of pay for all hours worked up to and
including forty (40) hours in a work week. Hours worked in excess of
forty (40) hours in a work week will be compensated as provided below.
4. Employees who work in excess of forty (40) hours in any work week
will be paid overtime at one and one-half times their regular rate of pay
for all hours worked over forty (40), or will be granted time off
( compensatory time) in lieu of overtime if the employee consents in
writing.
5. Compensatory time, if offered by the County, will be governed by the
following conditions:
a. Must be authorized by the appropriate Department Head or
other appropriate authority as defined in A. 1. above and the
employee must consent in writing to compensatory time in lieu of
time and a half monetary compensation;
b. One and one-half hours of compensatory time will be granted
for each hour of overtime worked;
c. Compensatory time may be "banked"; however, the maximum
balance is 240 hours. When an employee has accrued the
ma;ximum of 240 hours compensatory time, any additional
overtime hours worked {i.e., over forty (40)} will automaticalJy be
paid at the time and one-half rate;
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Page 40
d. An employee's reasonable request to utilize accrued
compensatory time will be considered; however, the County
reserves the right to exercise control of the use of time off based on
work load and scheduling but only if such work load and
scheduling constitutes an undue burden on the County. Paying
overtime to another employee to accommodate an employee's
compensatory time request is not an undue burden.
e. Upon termination of employment, an employee will be paid for
all unused authorized compensatory time at a rate of compensation
not less than:
(i) the average regular rate received by the employee
during the last three years, or
(ii) the final regular rate received by the employee,
whichever is higher.
5.03 OVERTIME WORK FOR EMERGENCY RESPONSE EMPLOYEES
Pursuant to Section 7K of the Fair Labor Standards Act, the County has
established a work schedule for the shift work employees of the Public Safety
Division. All hours worked will be paid at the regular rate until an employee
reaches a number of hours worked whereby overtime is required as set down in
the Fair Labor Standards Act. Overtime will be compensated in a way that does
not conflict with the Fair Labor Standards Act.
5.04 OVERTIME WORK FOR EXEMPT EMPLOYEES
It is the general policy of Monroe County not to compensate for overtime those
employees classified as 'exempt', from the Fair Labor Standards Act. However the
County Administrator in his sole discretion may approve compensation for
overtime, either in compensatory time or pay, for an exempt employee who has
been required to work unusually large amounts of overtime, such as during a
disaster, etc.
5.05 MEAL AND REST PERIODS
Employees classified as regular full time will receive a total of one hour for
meal/rest period per work shift, the time and sequence of which will be
determined by the Supervisor and approved by the Department Head. If it is
necessary for the non-exempt employee to work without a meal/rest period helshe
will be otherwise compensated for that time. All other employees will receive
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Page 41
meal or rest periods In an amount and time deemed appropriate by their
Supervisor.
Meal and rest periods shall be scheduled by the Department Head consistent with
the effective operation of the department and may be rescheduled whenever
necessary. ""',\, I'
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HOLIDAYS
SECTION 6
;' ',II '
"
6.01 OFFICIAL HOLIDAYS
The following are holidays which shall be observed by all County offices in which
functions can be discontinued without adversely affecting required services to the
pub lic:
New Year's Day
Presidents Day
Martin Luther King's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
In addition to the above-designated holidays, the Board of Commissioners, in its
sole discretion, may grant other special holidays during the course of a year to
some, or all, County employees.
6.02 ELIGIBILITY
All salaried employees on the active payroll on the date of the holiday shall be
eligible for holiday pay at their regular rate of pay. Hourly employees shall not be
eligible for holiday pay. Employees must be working or on approved leave with
pay the entire day before and the day after a holiday to be compensated for said
holiday.
6.03 WORK DURING HOLIDAYS
Each employee shall observe all holidays designated in this Section, provided that
the work load ofthe department is, in the discretion of the County Administrator,
such that the employee's work load cannot be discontinued without causing a
hardship to the County.
In the event that the work load in any department does not permit the observance
of any designated holiday, all employees required to work on said designated
holiday, or if holiday falls on employees designated day off, may be granted
another day's leave in lieu of the holiday or paid for the work perfonned on the
holiday, as determined by the Department Head and/or Division Director.
Page 43
Administrative Services
6.04 HOLIDA YS FALLING ON WEEKENDS
Unless otherwise specified by the Board of County Commissioners _ when a
holiday falls on a Saturday, the preceding Friday shall be observed as a holiday _
when a holiday falls on a Sunday, the following Monday shall be observed as a
holiday. ;", II
For County facilities normally open on Saturdays and Sundays, when a holiday
falls on a Saturday or Sunday, those facilities will observe the holiday on the
actual holiday in lieu of the normally scheduled County Holiday.
6.05 HOLIDAY DURING P AID LEAVE
Employees on annual or sick leave during periods when designated holidays
occur, shall not have the day of the holiday charged against their accrued leave.
6.06 OBSERVANCE OF RELIGIOUS HOLIDAYS
Employees who choose to observe other "holidays" for religious or other reasons
must do so by utilizing annual leave pursuant to Section 7.
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Page 44
7.01 ANNUAL LEAVE
A. ELIGIBILITY
LEAVE WITH PAY
SECTION 7
, II!
All salaried employees with regular status working 20 hours or more per
week shall earn and accrue annual leave with pay. Hourly employees will
not accrue annual leave.
B. ACCRUAL
FIRE/EMS Personnel on 24/48 shifts - refer to EMS Policy Addendum -
Section A-3.
For current employees and employees hired on or prior to
September 30, 1999, Annual leave for regular, employees shall be earned
in accordance with the following table:
Years of Continuous
Service
Hours of Leave Earned
During Each Calendar
Month
Hours of Leave Earned
During Each Calendar
Month
----------------- ------------------------------------------------------------------------------
1 through 3 years
4 through 10 years
11 through 15 years
40 HPW
4 hours per bi-weekly
pay period
(13 working days per year)
5 hours per bi-weekly
pay period
(161/4 working days per
year)
6 hours per bi-weekly
pay period
(19 1/2 working days per
year)
16 through termination of employment
Administrative Services
7 hours per bi-weekly
pay period
(22 3/4 working days per
year)
37 Yl HPW
3.75 hours per bi-weekly
pay period
(12.2working days per year)
4.75 hours per bi-weekly
pay period
(15.4working days per year)
5.75 hours per bi-weekly
pay period
(18.7working days per year)
6.75 hours per bi weekly
pay period
(21.9working days per year)
Page 45
Monroe County currently has a hi-weekly pay period system commencing
at 12:00 a.m. Sunday, ending two Saturdays later at 11:59 p.m. There are
26 pay periods per year.
r,!,1 If
For employees who are hired on October 1, 1999, or after Annua11eave for
regular, full-time employees with a work week of 40 hours per week shall
be earned in accordance with the following table:
Years of Continuous
Service
Hours of Leave Earned
During Each Calendar
Month
-------------------
1 through 5 years
---------------------
6 through 15 years
4 hours per bi-weekly
pay period
(13 working days per year)
5 hours per bi-weekly
pay period
(16 1/4 working days per
year)
16 through tennination of employment
6 hours per bi-weekly
pay period
(19 1/2 working days per
year)
Monroe County currently has a bi-weekly pay period system commencing
at 12:00 a.m. Sunday, ending two Saturdays later at 11 :59 p.m. There are
26 pay periods per year.
Annual leave for employees working less than 40 hours per week, but
more than 20 hours per week will be prorated according to the hours
worked.
When there has been a break in employment of 48 hours or more, the
employee, upon reinstatement or re-employment, will begin earning
annual leave as a new employee.
C. 1. Annual leave may be used on a payday -to-payday basis as it is earned
according to scheduling requirements and may be accumulated up to 40 working
Employees who are on leave without pay status for more than 8 hours
during a pay period will not accrue annual leave for that pay period.
Administrative Services
Page 46
days. Any time earned in excess of this amount will be paid to the employee at their
rate of pay in effect on September 30th.
2. All annual leave must be approved in advance by the applicable Department
Head, Division Director and/or the County Administrator depending on the
position held by the requesting employee. th~ employee shall fill out his Leave
Request Form and submit it to the Department Head, who has the right to deny an
employee's request for annual leave, if granting such leave at that time would be
detrimental to County operations. Upon such denial, the employee may request
the leave at another time.
The Department Head is responsible for verifying that the employee does have
sufficient accrued leave to cover the period of absence, and should return the
leave request to the employee indicating approval or denial, within seven (7) days
of receipt of the request, unless a valid reason is given to the employee for the
delay.
D. ANNUAL LEAVE PAY UPON SEPARATION
If the payment of annual leave is approved by the County, computing said
leave pay will be based on the employee's regular rate of pay and terms of
separation.
E. RESTRICTIONS
Annual leave may be used for any purpose; however, it is a privilege
incident to County service and is not a right, and may only be used by the
employee if taken prior to termination for cause or in accordance with
these policies, with the following restrictions:
1. Annual leave may not be taken until accrued in accordance with
these rules.
2. Employees will not accrue annual leave during a leave of
absence without pay, a suspension or when the employee is
otherwise in a non-paying status.
3. Section 11.01-Resignations.
4. Employees who leave the County service without proper notice
or who are terminated for just cause may be denied payment of
accrued annual leave.
7.02 SICK LEAVE
A. ELIGIBILITY
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Page 47
All salaried employees with regular status working 20 hours or more per
week shall have the privilege of accruing sick leave in accordance with
these policies. Hourly employees will not accrue sick leave.
Employees shall not be eligible to use sick leave until they have been in
the County service for 90 days, unless1iref:ommended by the Department
Head and approved by the Division Director. Verification of illness by a
physician may be required.
B. ACCRUAL OF SICK LEAVE
FIRE/EMS Personnel on 24/48 shifts - refer to EMS Policy Addendum _
Section A-3.
All regular, full-time employees will accrue 4 hours sick leave per pay
period.
There will be no limit of the amount of sick leave that can be accrued.
Sick leave for employees working less than 40 hours per week, but at least
twenty (20) hours per week will be prorated according to the hours
worked.
When there has been a break in service of 48 hours or more, the employee
upon reinstatement or re-employrnent will begin accruing sick leave as a
new employee. Employees who are on leave without pay for more than 8
hours during a pay period will not accrue sick leave for that pay period.
C. USE OF SICK LEAVE
1. Sick leave shall be used only with the approval of the applicable
Department Head, Division Director or County Administrator and shall
not be authorized prior to the time it is earned and credited to the
employee except in cases of prearranged medical appointments, surgery or
other health-related matters.
2. Sick leave shall be authorized only in the event of:
a. The employee's personal illness, injury or exposure to a
contagious disease which would endanger others.
b. Illness or injury of a member of the immediate family. (see 7.05
for definition of immediate family.)
c. The employee's personal appointments with a practitioner when
it is not possible to arrange such appointments for off-duty hours,
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Page 48
but not to exceed the extent of time required to complete such
appointments.
d. Prearranged surgery or other health-related matters.
D. Monroe County has established a Sick'Le;lve Pool for eligible full-time
employees designed to aid the employee suffering from an extended illness or
injury (See Administrative Instruction 4702 for rules and enrollment procedures).
7.03 MEDICAL JUSTIFICATION
A. Sick leave is a privilege, and not a benefit. In fact, use of sick time actually
causes a hardship on the County. The County must, therefore, ensure that
employees utilizing sick leave are complying with Section 7.02 of these policies
and procedures.
Employees must meet the following conditions in order to be granted sick leave
with pay:
(1) Notify hislher immediate Supervisor as soon as the employee learns
that helshe will be unable to report to work in accordance with individual
department policy. The employee shall call in to hislher immediate
Supervisor at least one (1) time on each consecutive shift thereafter, that
the employee will miss work because of sick leave.
(2) File a written report (after returning to work) explaining the nature of
the illness when required, by her Supervisor or Department Head.
(3) Permit medical examination, nursing visit or any County inquiry
(telephone call, visit to the employee's house, etc.) deemed appropriate by
the County to document the illness of the employee or family member.
The Department Head is responsible for following up on sick leave use and for
ensuring that there is no sick leave abuse. The Department Head may require any
employee to bring in a note from his or her personal physician for absences of
three (3) consecutive working days or more. However, if a Department Head
reasonably suspects that an employee is abusing sick leave, said Department Head
may require that any use of sick leave by the employee for herself or family
member be justified by a note from a physician. Further, in the event that a
Department Head is unsatisfied with the initial doctor's note, he may require the
employee or family member to be examined by a County - designated physician at
the County's expense.
B. If it is determined that the employee is unfit to continue working, the
Department Head may require the employee to use any part of his accrued sick
leave, compensatory time or annual leave and may thereafter require the employee
to take such leave without pay as is medically determined sufficient to restore him
Administrative Services
Page 49
to normal health, however, this will in no way prevent the County from separating
him from employment if the absence would be of such duration as to pose a
hardship on the operations of the Department.
C. The Department Head may require, at any time, an employee to present
medical evidence that he is physically or' m~ntalIy fit to work and/or the
Department Head may require an employee to be examined by a County-
designated physician or psychiatrist, at the County's expense.
7.04 NOTIFICATION OF ABSENCE
(SEE 7.03 A)
If absent for three consecutive work days without reporting to the Supervisor a
reason sufficient to justify the absence, the employee may be removed from the
payroll as having voluntarily resigned without notice. The Supervisor is to notify
the Department Head. Any unauthorized absence may be cause for disciplinary
action, up to and including termination.
7.05 FUNERAL LEA VE
A. All employees covered under this policy shall be granted up to two working
days off with pay in order to attend a funeral of a member of the employee's
immediate family. The immediate family shall be construed to mean one of the
following: Spouse, parent, son, daughter, sister, brother, domestic partner, legal
guardian, grandparent or in-laws. Additional time off (over and above the two
working days herein provided) may be approved by the Department Head, and
charged to sick or annual leave. Additionally, the County may require proof of
death of a family member before making payment for leave.
B. FIRE/EMS Personnel on 24/48 shifts - refer to EMS Policy Addendum _
Section A-2 for Funeral Leave.
7.06 HOLIDAYS DURING SICK LEAVE
Holidays occurring while an employee is on isick leave shall not be charged
against the employee's sick leave balance.
7.07 PAYMENT OF UNUSED SICK LEAVE
: A.An employee with sick leave in excess of 480 hours accrued on September 30th
of each fiscal year will be paid a maximum of 52 hours of sick leave at the rate of
pay in effect on September 30th. In no event will an employee be paid in excess
of 52 hours unless separation from the County occurs as covered under the
provisions of this section. Employee may elect to retain sick leave accrual and
must notify Personnel by September 1 of each fiscal year if they do not want to
receive payment for unused sick leave.
Administrative Services
Page 50
B An employee who terminates with less than five (5) years continuous servIce
shall not be paid for any unused sick leave credits.
C. Employees with varying years of continuous service shall, upon separation,
from the County in good standing, death 'hr' !'retirement, receive incentive sick
leave pay as follows:
5 to 10 years of service - 1/4 of all accrued sick leave, with a maximum
of 30 days.
10 to 15 years of service - 1/2 of all accrued sick leave, with a maximum
of 90 days.
15 years or more - 1/2 of all accrued sick leave, with a maximum of 120
days.
D. The payments made as terminal pay for unused sick leave, whether paid as
salary or otherwise, shall not be used in the calculation of average final
compensation for retirement.
E. Employees who leave the County service without proper notice or who are
terminated for just cause may be denied payment of accrued sick leave.
7.08 TRANSFER OF LEAVE
An employee who resigns from any entity or organization to accept a
position with the county will not be credited with hours of unused sick or annual leave
which was accrued while employed by that entity or organization.
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Page 51
LEAVE OF ABSENGE"
SECTION 8
8.01 ADMINISTRATIVE LEAVE
Administrative leave is leave with pay that is not charged to the employee's sick or
annual leave.
A. JURY DUTY AND COURT LEAVE
1. A full-time employee who is summoned to jury duty by a city, the
County (Monroe), the State of Florida, or the Federal Government or
subpoenaed to appear in court as a witness in a criminal or civil action
arising from his or her county employment shall be granted time off with
pay for the time actually spent on jury duty or in the court appearance.
Fees paid by the court will be retained by the employee unless otherwise
determined by the County Administrator. As conditions precedent to
receiving time off with pay for jury duty or court appearance of the
aforesaid nature, the employee must:
a. Notify hislher Department Head of the summons or subpoena
immediately upon receipt, produce the summons or' subpoena to
hislher Department Head upon request, and provide the
Department Head with an estimate of the duration of the absence;
b. Report to the Department Head immediately upon the
conclusion or continuance of such jury duty or court appearance;
c. Report status of jury duty to supervisor or designee on a daily
basis.
2. Any employee on jury duty as specified above, and who is released or
excused from jury duty during normal working hours, will immediately
contact his or her supervisor in order to determine whether the employee
will be required to report back to work. Employees who work a 24 hour
shift, will contact their Department Head (or designee) when released from
jury duty. If the Department Head ( or designee) determines that the
employee could not effectively complete his or her work shift, the
employee may be granted time off with pay for the remainder ofthe shift.
Administrative Services
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3. The County, in its discretion, may reschedule the working hours and
days of work of an employee employed on other than a full-time basis who
is summoned to jury duty or subpoenaed to appear in court as a witness by
a city, the County (Monroe), the State of Florida, or the Federal
Government in a criminal or civil action arising from his or her county
employment. If, in the County's judgment, it is not feasible or practical to
schedule the employee's hours of work around such, the County shall grant
the employee time off with pay for the time actually spent on jury duty or
in the court appearance. As conditions precedent to receiving time off
with pay for jury duty or court appearance of the aforesaid nature, the
employee must abide by the provisions contained above in Section 8.01 A-
I, (a) and (b).
4. If any employee is subpoenaed as a witness other than in the specific
circumstances described above, the County will grant the employee leave
without pay to the extent that the Department Head so approves.
5. Notwithstanding any of the provisions of Section 8.01-A above, no
employee shall receive pay from the County where the employee is a
plaintiff, claimant, or witness against the County in a matter contrary to
the County's interests.
6. Fire/EMS Personnel on 24/48 shift - refer to EMS Policy Addendum -
Section A-I for work related court appearances/depositions.
7. Any employee subpoenaed or otherwise requested to be a participant in
any legal matter related to County business must inform the County
Attorney's office as soon as possible after receiving said notification.
B. ELECTIONS
An employee who is a properly registered voter and who lives at such
distance from his assigned work locations as to preclude his voting outside
of working hours may be authorized by the Department Head to have a
maximum of two hours of leave with pay for this purpose. An employee
shall not be granted administrative leave to work at the polls during
elections.
C. MEETINGS
In cases where it is deemed by the Division Director to be beneficial to the
County, an employee may be granted leave with pay to attend such
professional meetings or conferences as may contribute to the
effectiveness of his employment (See Section 15 - Travel - for
reimbursement procedures).
D. EXAMINATIONS
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An employee may be granted leave with pay while taking examinations
before a Federal, State or County agency, provided such examinations are
pertinent to his County employment, if approved by the Department Head
and the Division Director.
E. MILITARY LEAVE - In accordance with F.S. 115
i, Il, If
1. Military Training - Employees who are reserve enlisted personnel in
the United States military or naval service or members of the National
Guard will be granted leave with full pay during days which they are
engaged in military or naval training. Leave shall not exceed 17
working days in anyone annual period (beginning October 1 and ending
September 30 of the following year). Additional time shall be without
pay and shall be granted without loss of time or efficiency rating. The
employee will not be required to use annual leave or similar leave (comp
time) in lieu of LWOP. Does not include Armory Drills or Multiple
Training Assemblies.
2. Military Service - Employees who are enlisted personnel in the
National Guard or a reserve of the U.S. Armed Forces will be granted
leave to perform active military service for the first 30 days with full
pay. Paid leave shall also include the period during which a person in
military service is absent from duty on account of sickness, wounds,
leave, or other lawful cause.
Period of active military service shall begin with the date of entering
upon active military service and shall terminate with death or a date 30
days immediately next succeeding the date of release or discharge from
active military service, or upon return from active military service,
whichever shall occur first.
Military earnings will be retained by the employee.
3. Examinations for Military Service, - Any employee who is ordered
by the Selective Service Board to :appear for a physical examination
for induction into the military service shall be granted leave with pay
for this purpose.
F. USERRA - Uniformed Service Employment and Reemployment Rights Acts
of 1994. Does not apply to "state" military duty or governor call-ups of
National Guard Members. Please refer to "E" above for leave policy.
In addition to HE" above:
USERRA covers employees who are:
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Active or reserve: Army, Navy, Marine Corps, Air Force, Coast
Guard, Army National Guard, or Air National Guard, Commissioned
Corps of the Public Health Service, and Any other category designated
by the President in time of war or emergency. In addition, protects
former and retired members and applicants for future service with a
uniformed service. ;, "'! -/
USERRA does not include temporary employees unless employment is
for a brief period with no reasonable expectation of continuance for a
significant period of time.
USERRA covers voluntary and involuntary.
For purposes of military leave covered by USERRA - "Service" is
defined as: Active duty, active duty for training, initial active duty for
training, inactive duty training, full-time National Guard duty, absence
for examination to determine fitness for any ofthe above forms of duty
and funeral honors duty by National Guard or Reserve.
Employees will receive up to 5 years military leave of absence (which
includes reemployment rights). Certain specific exceptions will
continue to protect beyond that time period. The 5-year cumulative
total does not include: Inactive duty training (drills), annual training,
involuntary recall to or retention on active duty, voluntary or involuntary
active duty in support of war, national emergency, certain operational
missions, or additional training requirements determined and certified in
writing by the Service Secretary, and considered to be necessary for
professional development or for completion of skill training or
retraining.
1. BENEFITS WHILE ON LEAVE - Beginning on the 31 st day and
beyond, there will be no health insurance coverage. Employees will
be offered coverage under COBRA.
2. RE-EMPLOYMENT (Military time served must be satisfactory.:,
Must not be 'less than honorable conditions".)
A returning employee's notification of an intent to return to work must
be made promptly following completion of military service.
Service of 1 - 30 days: the beginning of the next regularly
scheduled work period on the first full day following completion of
service and expiration of an 8-hour rest period following safe
transportation home.
Service 31-180 days: application for reinstatement must be
submitted no later than 14 days after completion of military duty.
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Service of 181 or more days: application for reinstatement must
be submitted no later than 90 days after completion of military duty.
The deadline for reinstatement may be extended for employees who
are convalescing due to a disability inc!1rred during service.
The employee must report back to work as soon as possible. Failure
to report (unless through no fault of the employee) will be handled in
accordance with the County's policies.
Returning employee's pension plan accruals and vesting will continue
as though no break in service had occurred except in limited situations
(regarding health benefits as defined under the Act).
Upon re-employment, the employee has 3 times the length of service
(not to exceed 5 years) to make payments to any contributory plan and
the County will fund any resulting obligation of the plan within the
same time).
When re-employed, the health insurance coverage will start from day 1
and there will be no waiting period.
G. ADMINISTRATIVE LEAVE FOR RE-EXAMINATION OR TREATMENT
BY VETERANS ADMINISTRATION WITH RESPECT TO SER VICE-
CONNECTED DISABILITY - In accordance with F.S. 110-119.
Any employee of the County who has been rated by the Veterans
Administration to have incurred a service-connected disability and has been
scheduled by the Veterans Administration to be re-examined or treated for
the disability shall be granted administrative leave for such examination or
treatment without. loss of payor benefits. In no event shall the paid leave
under this section exceed six (6) calendar days a year. A leave request
should be submitted to the Department Head for said leave as far in advance
as possible.
H. BLOOD DRIVES
Employees will be granted leave with pay to donate blood during the
County's organized Blood Drives.
1. EMERGENCY RESPONSE VOLUNTEERS
1. Any employee who is a documented member of an Emergency
Response Team will not be charged annual or sick leave, or be required to
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use accrued compensatory time when called to respond to a legitimate
emergency. The County reserves the right to require documentation that
an emergency did in fact exist.
2. Any employee who is a member of an Emergency Response Team
should inform the County at tho time! of employment interview or if
already employed by the County, upon becoming a member of such a
Team. Failure to do so could result in disciplinary action.
K. MENTORING PROGRAM
Pursuant to Resolution 100-2000, county employees may mentor a child in
the Monroe County School District for up to one hour per week (not to
exceed five hours per calendar month). Leave will be granted after taking
into consideration the impact on such leave on the employee's work unit.
If an employee is granted administrative leave under this section and does
not use the administrative leave as authorized in this section, the employee
shall not accrue or be paid for such unused leave.
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8.02 DISABILITY LEAVE - WORKERS COMPENSATION
A. ELIGIBILITY
An employee who sustains a County Service-connected disability which
prevents the employee from carrying out his regular duties or any other
duties as assigned, shall be entitled to disability leave within the guidelines
of this Section.
B. DEFINITIONS
1. Date of Disability - The date on which the disability began, or the last
day of duty following injury, whichever is later.
2. Service-Connected Disability - A physical condition, resulting from
accident or injury in the line of duty, which prevents an employee from
performing his regular duties or any other duties as assigned.
C. DISABILITY DETERMINATION
Determinations of the existence and service connection of a disability shall
be made in accordance with the Florida State Workers Compensation Act
which provides that the employer is responsible for furnishing employees,
who have incurred service-connected disabilities, with such remedial
treatment, care and attendance under the direction and supervision of a
qualified physician, surgeon or other recognized practitioner. The County
reserves the right under the provisions of this Section to specify the
physician or surgeon or recognized practitioner to handle any and all
service-connected disability cases.
Disability determination shall be made based on:
1. All facts in the service history of the case.
2. The findings of the medical examiner assigned by the Workers
Compensation carrier.
3. Such evidence as the employee may submit, at his own expense,
of the service connection of his disability.
4. Other relevant evidence submitted to the medical examiner.
5. There shall be no presumption that any disability is service-
connected, unless such a presumption exists as a matter of law.
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seven (7) day period will be replaced on the books, based
percentage wise on Workers Compensation Benefits paid.
6. After seven (7) calendar days, the disabled employee will
continue to receive Workers Compensation benefit payments every
two weeks until their physici;mr:~le,ases them to return to work.
7. If requested by the employee, a review of the case will be made
by a committee composed of a representative of the Personnel
and/or Employee Benefits offices and the employee's Department
Head, and a written recommendation may be made to the County
Administrator that the employee be allowed to use annual leave,
sick leave and/or approved compensatory time in an amount
necessary to receive a salary amount that will supplement their
Workers Compensation payments up to the total net salary received
prior to the disability. In no case shall the employee's salary and
Workers Compensation benefits combined exceed the amount of
their regular salary payments.
If the Workers Compensation absence is designated as FMLA
leave, the employee will not be allowed to use annual leave, sick
leave and/or approved compensatory time to supplement leave, in
accordance with Department of Labor rules.
8. The disabled employee will continue to accrue both sick leave
and annual leave during the period of disability.
9. An employee placed on light-duty by his or her physician, may
enroll in the Light-Duty Program as written in Administrative
Instruction 8002.
10. When an employee on Workers Compensation can no longer
perform hisfher normal job duties, he/she may be separated from
employment, if approved by the County Administrator, in
accordance with the laws of the State of Florida governing
Workers Compensation and these policies and procedures.
8.03 PREGNANCY. MATERNITY AND CHILD CARE LEAVE
A. PREGNANCY
1. An employee who knows in advance that helshe intends to request
Maternity or Child Care leave shall notify, in writing, their Department
Head or Supervisor at least thirty (30) days prior to the requested time of
leave. Eligible employees shall submit a "Family And Medical Leave Act
Leave Request" form (see Section 8.05)
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seven (7) day period will be replaced on the books, based
percentage wise on Workers Compensation Benefits paid.
6. After seven (7) calendar days, the disabled employee will
continue to receive Workers Compensation benefit payments every
two weeks until their physiciah 'releases them to return to work.
7. If requested by the employee, a review of the case will be made
by a committee composed of a representative of the Personnel
and/or Employee Benefits offices and the employee's Department
Head, and a written recommendation may be made to the County
Administrator that the employee be allowed to use annual leave,
sick leave and/or approved compensatory time in an amount
necessary to receive a salary amount that will supplement their
Workers Compensation payments up to the total net salary received
prior to the disability. In no case shall the employee's salary and
Workers Compensation benefits combined exceed the amount of
their regular salary payments.
If the Workers Compensation absence is designated as FMLA
leave, the employee will not be allowed to use annual leave, sick
leave and/or approved compensatory time to supplement leave, in
accordance with Department of Labor rules.
8. The disabled employee will continue to accrue both sick leave
and annual leave during the period of disability.
9. An employee placed on light-duty by his or her physician, may
enroll in the Light-Duty Program as written in Administrative
Instruction 8002.
10. When an employee on Workers Compensation can no longer
perform hislher normal job duties, he/she may be separated from
employment, if approved by the County Administrator, in
accordance with the laws of the State of Florida governing
Workers Compensation and these policies and procedures.
8.03 PREGNANCY. MATERNITY AND CHILD CARE LEAVE
A. PREGNANCY
1. An employee who knows in advance that he/she intends to request
Maternity or Child Care leave shall notify, in writing, their Department
Head or Supervisor at least thirty (30) days prior to the requested time of
leave. Eligible employees shall submit a "Family And Medical Leave Act
Leave Request" form (see Section 8.05)
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2. An employee whose duties may be considered hazardous enough to
cause the employee to become medically disabled anytime during the
pregnancy, will be required to furnish medical evidence of her fitness to
continue in the performance of her duties beyond that time. A Department
Head may request this determination at any time he/she deems necessary
for the health or welfare of the emplo.yee.
3. A pregnant employee may continue her employment as long as she is
able to properly perform the required duties of the job, and these duties are
stated in writing by her physician to be non-hazardous to the employee and
the unborn infant.
B. MATERNITY LEAVE
1. Disabilities arising out of pregnancy, childbirth and recovery therefrom,
shall be treated the same as other temporary, non-job-connected
disabilities in terms of eligibility for use of sick leave, annual leave, or
leave of absence.
2. A regular employee who has completed the standard probationary
period, may request a maternity leave of absence without pay for
childbirth, recovery and child-rearing following birth of up to six (6)
months after all accrued sick and annual leave has been used. Such
approval is subject to scheduling and work load requirements. The County
reserves the right to require employee(s) to return to work when it is no
longer medically necessary to be away from their job, if work load and
scheduling requirements require the employee's return in accordance with
the Family And Medical Leave Act.
3. Any such leave must be requested in advance and approved by the
applicable Department Head and the Division Director, who may approve
the length of said leave based on workload, scheduling and the employee's
physical ability to return to work.
4. An employee approved for maternity leave shall be eligible to return to
work at any time during the leave of absence upon presentation of medical
certification indicating that she is able to satisfactorily perform her original
duties.
5. An employee returning from an approved maternity leave of absence
shall resume her duties in the position held prior to childbirth or a similar
position with like pay.
6. An employee who fails to return from an approved maternity leave of
absence shall be considered to have abandoned her position and shall be
terminated from the County Service, unless proper resignation procedures
are followed.
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C. CHILD CARE LEAVE
Child Care Leave is an absence available to eligible employees under the
Family Medical Leave Act for up to 12 weeks (see Section 8.05).
8.04 LEAVE OF ABSENCE WITHOUT PAY
1 . il!
A. EDUCATIONAL LEAVE
1. An employee with at least twelve (12) months of satisfactory service
may be granted leave of absence without pay for the purpose of furthering
hislher education, if it is determined by the County Administrator, in his
discretion, that such education will be of clearly foreseeable benefit to the
County.
2. Leaves of this type shall not normally exceed twelve (12) months;
however, the Division Director may approve an extension of such leave if
an individual case is justified and approved by the County Administrator.
B. PERSONAL LEA VE
1. If recommended by the Department Head and the Division Director, an
employee with at least twelve (12) months of satisfactory service may be
granted leave without pay for reasons other than those stated in the
previous paragraphs for a period not exceeding six (6) months; provided
the County Administrator deems such leave to be justified, and not
detrimental to the operations of the Department.
C. SCHEDULING LEAVE OF ABSENCE WITHOUT PAY
All leave of absence without pay must be approved in advance. The
employee shall fill out the Leave Request Form and submit it to the
Department Head for approval. The Department Head will submit the
approved form to the Division Director for approval. Any request for
leave of absence without pay must be approved by the County
Administrator. A completed copy of the Leave Request Form will be
forwarded to the Payroll Department along with the Employee's Time
Sheet whenever possible and a copy placed in the employee's official
personnel file.
D. LEAVE OF ABSENCE - GENERAL PROVISIONS
1. RETURN FROM LEAVE OF ABSENCE
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An employee returning from approved leave shall be entitled to
employment in the same Department and the same or equivalent
classification wherein employed when said leave began, provided
the employee is physically capable of performing the required
duties, and that there is such a vacant and budgeted position
available. I "I ./
2. EFFECTIVE DATE
Leave of absence shall be effective the first date of approved
absence and shall continue through the last date of approved
absence.
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3. LIl\.1IT A nONS ON LEAVE WITHOUT PAY
a. Fringe Benefits - An employee shall not earn benefits while on
leave without pay status. This would include, but not necessarily
be limited to, sick, vacation and holiday leave.
1 'J, 'f
b. Wage Increases - The time during which an employee is on
leave without pay may not count toward eligibility for wage
increases. Nor may an employee receive any wage increases while
on leave without pay; unless special approval is obtained from the
County Administrator.
c. Employees on an approved leave of absence without pay that is
covered under the Family And Medical Leave Act will not lose the
benefits that the employee earned or was entitled to before using
FMLA leave.
E. INSURANCE COVERAGE WHILE ON LEAVE OF ABSENCE WITHOUT
PAY
1. The County will continue to maintain group insurance benefits for
employees while on approved paid leave status.
2. Employee Coverage - In most cases the County will not maintain
Group/Health insurance benefits for employees on leave without pay
status, except in the case of debilitating/catastrophic illness, of the
employee or member of the immediate family for which the care of that
family member is the responsibility of the employee. The
Employee Benefits Section will review each case and make a
recommendation to the County Administrator as to whether employee
coverage should be maintained as verified by a physician, up to six (6)
months, if approved by the County Administrator. Employees covered
under the Family And Medical Leave Act will be granted up to 12 weeks
of insurance benefits as stated in Section 8.05.
Said employee may make monthly premium payments for themselves if
approved leave without pay extends beyond six (6) months. Failure to
make payment(s) on a timely basis may result in termination of coverage.
3. Dependent Coverage - Monroe County employees elect dependent
coverage under a group plan at their own expense. Monroe County uses
the bi-weekly payroll deduction system for payment of dependent coverage
premiums for employees. However, if for any reason an employee is not
due to receive a paycheck in an amount sufficient to deduct said premium,
that employee is responsible for making the premium payments to the
Employee Benefits Section in accordance with their payment schedule. As
long as an employee is in good standing, as in the case of approved leave
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without pay status, he or she may make premium payments and coverage
will remain in effect. Failure to make payments on a timely basis may
result in termination of coverage.
4. Extension of Group Insurance benefits will be awarded in accordance
with the Consolidated Omnibus Budget./ Reconciliation Act (COBRA),
effective October 1, 1986. Information regarding this Act is available in
the Employee Benefits Section.
8.05 FAMILY AND MEDICAL LEAVE OF ABSENCE (FMLA) (FAMILY AND
MEDICAL LEAVE ACT OF 1993.
A family leave of absence, and/or medical leave of absence, is an approved absence
available to eligible employees. An eligible employee is entitled to 12 weeks of leave
during the calendar year to care for:
_ The employee's newborn child or child placed with the
employee for adoption or foster care (leave must conclude within 12 months of placement
and may be taken by either parent);
_ The employee's spouse, child or parent with a senous
health condition, or
_ An employee's own serious health condition.
If the employee is requesting FMLA qualifying leave, all accrued sick and annual leave
must be taken first. Paid leave so taken will be counted against the employee's total
FMLA leave entitlement. The employee will be notified that paid leave will be counted
as FMLA leave within two (2) business days of making that determination. The notice
will be confirmed in writing to the employee on or before the .following payday.
A. ELIGffiILITY
To be eligible, an individual must have been employed at Monroe County:
- For at least 12 months, and
_ For at least 1,250 hours of service during the 12 month
period immediately preceding the leave.
Subsequent eligibility will be determined by looking back to the beginning of that
calendar year from the first day of a new FMLA leave period which is requested by the
employee. FMLA leave may not exceed twelve weeks during the calendar year.
The determination of whether an employee meets the minimum service and hour
requirements of the FMLA must be made by Monroe County as of the date the leave
commences, and Monroe County will advise the employee whether he or she is eligible
with two (2) business days after making a determination of eligibility.
B. PROCEDURES
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A "Request for Family and Medical Leave of Absence" form should be completed by the
employee as part of the notice and reporting requirements. The employee shall notify the
Department Supervisor of the need for leave either verbally or by completing the FMLA
form. (In any event, the employee shall fill out a Leave Request Form in accordance
with the County's Policies and Procedures in ordento'1re.quest leave.) After completing
the form in detail and signing it, the employee or Supervisor must submit it to Personnel
for approval. Notification shall be given at least thirty (30) days in advance of the
effective date of the requested leave if the need for leave is foreseable.
The "Certification of Health Care Provider" form must be completed and signed by the
health care provider. Failure to have the form completed may result in a delay for the
approval of leave.
C. BASIC REGULATIONS AND CONDITIONS OF LEA VE
1. Monroe County will require the employee to fill out a request for Family and Medical
Leave of Absence form that included the "Certification of Health Care Provider" form
supporting the need for leave due to a serious health condition affecting the employee or
employee's spouse, child, or parent.
2. Monroe County may, at its own expense, require a second medical opinion and
periodic re-certification. If the first and second medial opinions vary, Monroe County
may, at its own expense, require the binding opinion of a third healthcare provider,
approved jointly by Monroe County and the employee.
3. If medically necessary, such leave may be taken intermittently or on a reduced work
schedule. If leave is requested on this basis, Monroe County may require the employee
to transfer temporarily to a different position which better accommodates recurring
absences or a part-time schedule. The alternate position will have equivalent pay and
benefits. Expectant mothers may take intermittent leave for prenatal care.
The decision to grant leave or to temporarily transfer the employee on this basis rests
solely with the County Administrator based on a medical certification provided with the
Family Medical Leave of Absence Form.
4. When husband and wife are both employed by Monroe County, together they are
entitled to a total aggregate of twelve weeks of Family Leave _ not twelve weeks each _
for the birth, adoption, or foster care of a child or for the care of a parent with a serious
health condition.
5. Employees requesting FMLA qualifying leave will be required to substitute paid
vacation and sick leave for all or party of any ( otherwise) unpaid FMLA leave.
6. While on any unpaid part of an FMLA qualifying leave, no time will be accrued by the
employee. Upon return to work, leave will accrue based upon established policy.
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D. DESIGNATION OF LEAVE
Monroe County shall designate an employee's absence toward the employee's 12-week
FMLA entitlement as soon as it is known that the employee's absence qualifies as FMLA
leave. Monroe County will notify the employee that hislher leave will be designated as
FMLA leave within two business days. The notificatiQn ~o the employee can be oral, but
will be confirmed in writing no later than the next regular payday.
Injuries entitling employees to workers' compensation frequently qualifies as serious
health conditions for purposes of FMLA leave eligibility. Monroe County shall count an
employee's workers' compensation absence toward the employee's 12-week FMLA
entitlement as stated above. IF it is found that the absence does not qualify under the
FMLA, Monroe County will withdraw the designation with written notice to the
employee.
E. EMPLOYEE NOTICE AND REPORTING REOUIREMENTS
1. When FMLA qualifying leave is foreseeable, an employee must give Monroe County
thirty (30) days advance notice.
2. When such leave is not foreseeable, an employee must give notice as soon as
practicable. According to the FMLA regulations, "as soon as practicable" means within
one or two working days of learning of the need for leave, except in extraordinary
circumstances.
3. If an employee fails to satisfy the thirty (30) day notice without reasonable excuse,
Monroe County may, at its discretion, postpone the leave until the notice requirement is
satisfied.
4. The employee may be required to submit periodic reports during FMLA leave
regarding the employee's leave status and intent to return to work. This requirement may
be satisfied by he employee's personally telephoning his or her immediate supervisor.
F . HEALTH BENEFITS DURING LEAVE OF ABSENCE
1. Monroe County will continue group health coverage for an employee on leave at the
same level and under the same conditions that existed while he or she was working. The
employee must pay the dependent coverage premium for any unpaid leave. Payment for
dependent coverage must be received in the Group Insurance Office every payday in
order to continue coverage. Failure to pay dependent coverage during this unpaid leave
will result in termination of coverage.
2. In the event that the employee does not return to work at Monroe County following
FMLA leave, the employee can be required to reimburse Monroe County for health
insurance premiums paid to continue the employee's health coverage during FMLA
leave, unless the employee is unable to return to work due to a continuation, recurrence,
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or onset of a serious health condition that would entitle the employee to FMLA leave or
other circumstances beyond the employee's control.
Questions regarding the FMLA should be addressed to the Personnel Section.
l 'II _!
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STANDARDS OF EMPLOYMENT, DISCIPLINARY ACTION
AND APPEALS
SECTION 9' "! i
9.01 INTENTION
It is the intention of the Board of County Commissioners that effective
supervision and employee relations will avoid most matters which necessitate
disciplinary action. The purpose of rules and disciplinary action for violating such
rules is not intended to restrict the rights of anyone; but to ensure the rights of all,
and secure cooperation and orderliness throughout the County Service. For
minor, non-serious offenses, whenever possible, the administration of discipline
will be characterized as constructive, corrective and progressive.
9.02 RESPONSIBILITY FOR ADMINISTRATION
It shall be the responsibility of the County Administrator, in cooperation with
Division Directors and the Board of County Commissioners to assure that
disciplinary action is fair and consistent throughout the County Service.
9.03 STANDARDS OF EMPLOYMENT
For the protection of Monroe County government and each employee, the
following rules for personnel conduct have been established. The list includes,
but is not limited to, reasons which may require disciplinary action, up to
discharge. A violation of any reasonable standard of employment, whether or not
specifically listed herein, will result in appropriate disciplinary action, which may
include discharge for the first offense, depending upon the seriousness of the
offense.
A. Willful or repeated violations of County, State or Federal law or of these
policies and procedures.
B. Insubordination - Refusal to respond to authority's reasonable request(s) or
instruction.
C. Misconduct - Behavior not conforming to prevailing standards - Misconduct
may include, but is not limited to the following: Fighting or inflicting bodily
harm on another person, gambling, dangerous horseplay, being under the
influence or possession of illegal drugs or alcoholic beverages, immoral behavior,
smoking in restricted areas, any violent act or language which adversely affects
morale, production, or maintenance of discipline. Rudeness or acts of disrespect
to members of the public, supervisors, or other employees; on duty or off duty.
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Employees shall not consume or be under the influence of alcoholic beverages,
while on duty or in County unifonn, nor shall they use or be under the influence
of, consume or possess illegal substances while on duty, in County unifonn or on
County property at any time.
D. Criminal, dishonest, infamous or notOlriously disgraceful conduct adversely
affecting the employer/employee relationship (on duty or off duty).
E. Conviction of (or a plea of nolo contendere in connection with) a felony or
gross misdemeanor, or conviction of a misdemeanor or ordinance violation
involving moral turpitude.
F. Theft or pilfering - Possessing, unauthorized use of, taking, removing,
destroying or tampering with County property without proper authorization.
G. Fraud or Dishonesty - Falsification of County documents or records or failure
to give complete information for personnel records. Intentionally making false
statement either oral or written about the County, other employees, supervision,
oneself or work situations.
H. Absenteeism or Abuse of Sick Leave - Habitual or excessive absence from
work, or failure to return to work promptly upon expiration of leave or vacation.
Excessive absences, even if caused by a legitimate illness, seriously impairs the
County's operations, and such absences may be grounds for separation.
I. Tardiness - Failure to report to assigned work station on or before the
scheduled starting time.
J. Leaving Assigned Work Area - Except for emergency reasons or with the
Supervisor's approval, employees are not to leave their assigned work area.
K. Misuse of Time - Sleeping or other acts of inattention or neglect of duty.
Unauthorized sale of articles or services, distribution or posting of literature,
canvassing, polling or petitioning.
L. Abuse of County Policies and Procedures- Misuse or abuse of established
County policies such as vacation, leave of absence, excused absence, sick leave,
or any rule, regulation, policy or procedure.
M. Safety Violations - Unauthorized possession and/or use of weapons,
ammunition or explosives. Failure to observe County and general safety practices
and regulations. Neglect in the safety of others or the committing of unsafe acts in
the use and care of County property or equipment.
N. Illegal driving - Driving private or County vehicle while on County business
when not possessing a valid Florida and County driver's pennit or liability
insurance, in accordance with the Monroe County Safety Policies.
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O. Malicious or Negligent Destruction of Property - Willful or malicious
destruction of County property. Damage of property by failing to use proper
equipment, care and good judgment.
P. Incompetence or Inefficiency - Inability. pr,failure to perform work of an
acceptable standard after a reasonable trial and training period.
Q. Discrimination in Employment - Discriminating against an employee or an
applicant for employment because of race, color, national origin, sex, religion,
creed, sexual preference, handicap or age as defined in State and Federal laws.
R. Acceptance of unauthorized compensation.
s. Misfeasance - The doing of a lawful act in an unlawful or improper manner so
that there is an infringement on the rights of another.
9.04 DISCIPLINARY ACTIONS
Disciplinary actions are a means of calling employees to accountability for some
act of commission or omission which is regarded as injurious to the
employer/employee relationship. The act could be relatively minor, or quite
serious. Serious acts may warrant immediate discharge, even for the first offense.
All employees should be made aware that a system of discipline exists for the
benefit of all, and will be administered without favor for the sake of orderliness
and proper compliance with reasonable rules and regulations pertaining to conduct
and the performance of work.
When it is necessary that disciplinary action be taken, the degree of action shall be
based on the following considerations:
1. There can be no mechanical formula for the application of discipline.
Each instance of misconduct or deficiency must be viewed and judged
individually. For most lesser or first minor offenses, oral or written
reprimand shall be appropriate discipline.
2. When applicable, discipline for employees who commit multiple non
serious offenses of a like or different nature shall be more progressively
stringent until the employee corrects the deficiency, or failing this,
discharge is considered to be necessary.
3. Department, Division Directors, the County Administrator, their
Deputies and others occupying positions of high trust and authority will be
held to higher disciplinary and ethical standards than that of other
employees. Therefore the rules of progressive discipline for violations of
Personnel Policies and Procedures, and/or State and Federal Statutes may
not be applicable.
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4. Disciplinary actions shall be severe enough to constitute a reasonable
attempt to bring about correction.
5. Acceptable disciplinary actions shall be oral warning, written warning,
written reprimand, suspension (with, 0Ji without pay), discharge, and in
some cases demotion, depending on the offense.
6. Discharge for continued commitment of non serious, minor offenses
shall be resorted to only when sufficient other efforts to bring about
correction have failed, or when the offense is sufficiently serious in and of
itself to warrant termination.
7. In determining the appropriate disciplinary action to be imposed against
an employee, the County Administrator will consider, at a minimum, the
following factors:
a. The seriousness and circumstances of the particular offense.
b. The past record of the employee and his length of service.
c. The lapse of time since the employee last received a disciplinary
action.
d. The County's practice in similar cases.
9.05 AUTHORIZATION FOR DISCIPLINARY ACTION
A. All written reprimands, suspensions and recommendations for suspension or
discharge actions must be approved by the Department Head and the Division
Director and the letter concerning the action must be forwarded immediately to
the Personnel Section for review, and then approved by the County Administrator
or his designee.
B. In case of a recommendation for discharge, the employee may be suspended
pending approval of discharge by the County Administrator.
C. Disciplinary actions applied to Department Heads or Division Directors may
be initiated by the County Administrator.
9.06 ORAL WARNING
An oral warning is given to an employee to take recognition of a violation of
County policy, rule, regulation, standard or of an unsatisfactory habit, practice or
act which, if repeated or continued, will subject the employee to a more severe
disciplinary action. The oral warning should be noted in writing, a copy of the
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notation placed in the employee's official personnel file, specifying the nature of
the warning and the date given.
9.07 WRITTEN REPRIMAND
, '1, ,{
A letter of reprimand constitutes formal action against an employee for more
serious types of violation of County rules or standards of employment, or where
less stringent actions have not been successful in correcting a deficiency. The
letter of reprimand must identify the offense or deficiency and the correction
required.
A letter of reprimand can be used to impose restrictions on an employee, such as
attendance, conduct or special procedures to be followed. Restrictions so imposed
shall be reviewed periodically and be removed, modified, or continued with a
follow-up letter. A copy of all letters should be placed in the employee's official
personnel file within 15 days of writing, whenever possible.
9.08 DEMOTION
Whenever it becomes apparent that an employee can no longer efficiently perform
any or all of the duties and responsibilities of his or her position, or when it is
otherwise deemed to be in the best interest of the County, an employee may be
demoted. A demoted employee shall be notified by the County Administrator or
his designee at the time of demotion of the specific reason for the action and
correction expected, if any. Such notification shall be given the employee in
writing. A copy of the notification will be placed in the employee's official
personnel file along with a written report on all appropriate information
concerning the action.
An employee may be reclassified to a different title and/or pay grade at any time
the County Administrator deems appropriate. A temporary reclassification does
not constitute a demotion, nor does a change in title and/or pay grade which
results from an evolution into a reduction of duties and/or responsibilities.
9.09 SUSPENSION
1. An employee may be suspended with or without pay by the Department Head
and/or Division Director with the approval of the County Administrator. The
employee must be notified in writing of the suspension period and citing the
reason for the suspension.
2. An employee may be verbally suspended with or without pay by a Supervisor
for the balance of a workshift, or a longer period of time if needed until the
Department Head or appropriate authority can be contacted, if the employee's
conduct impairs normal working operations. The Supervisor must then report
the incident to the Department Head, who with the approval of the Division
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Director must either concur with, or cancel the action, in wntmg, to the
employee citing the reason for the suspension, and corrective action expected.
Additional time of Suspension may be recommended by the Department Head
with the approval of the Division Director and the County Administrator at
that time. A copy of the suspension notification will be placed in the
employee's official personnel jacket along'IjVitp a written report containing all
appropriate infonnation concerning the action.
9.10 DISCHARGE
Discharge is appropriate for first offenses of serious misconduct as well as
repeated offenses of less serious misconduct.
Sufficient documentation must be present to merit recommendation by the
Department Head and the Division Director to the County Administrator for
discharge of any employee.
9.11 PROCEDURE FOR IMPOSING DISCIPLINE
1. This procedure shall apply in cases where an employee may be subject to
suspension, demotion or tennination. Furthennore, this procedure shall not
necessarily apply to contract employees, probationary employees, temporary
employees or grant employees.
2. When the County receives infonnation that an employee has engaged in certain
conduct which could warrant disciplinary action (other than a verbal warning or
written reprimand, which may be issued by the appropriate Supervisor) the
employee will be advised, in writing, that disciplinary action could possibly be
imposed against himlher.
3. The employee will be provided with a written statement of the charges
including sufficient facts and reasons therefore as will enable the employee to
provide an explanation and/or defense. An employee against whom disciplinary
charges have been made will remain in pay status until such time as the County
Administrator renders his decision pursuant to paragraph 6(e), below. However,
nothing herein shall preclude the County Administrator, or other authorized
personnel, from imposing immediate disciplinary action, without advance notice,
where it is believed by the person taking that action that giving such notice would
result in damage to the property of the County, would be detrimental to the
interests of the County or would result in injury to the employee, a fellow
employee, or the general public. In such circumstances, said employee will be
given reasons for such action after it takes effect and thereafter will be entitled to
utilize the hearing procedure set forth in the following paragraphs.
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4. The hearing shall be informal and shall not be in the nature of an evidentiary
hearing. The employee may bring an attorney or qualified representative to assist
or advise him, but discovery, cross-examination, and similar legal procedures are
generally not permissible. An employee who wants to engage in discovery, cross-
examination, or other legal procedures must make an advance written application
to the hearing officer. The hearing officer's decision is final.
5. The informal hearing will be conducted before a hearing officer who shall be:
a. A Division Director or the County Administrator where the employee
charged is a Department Head;
b. The County Administrator or his designee where the employee charged
is a Division Director; or
c. A DivisionlDepartment Head or a designee where the employee
charged is an employee holding Career Service Status and to whom
section A and B above do not apply.
d. The County Administrator may serve as hearing officer whenever
he/she sees a need to do so.
6. The hearing will be informal and will be conducted as follows:
a. At least two working days prior to the hearing date, the employee shall
provide the individual conducting the hearing with a list of any witnesses
or documents which the employee wishes to offer at the hearing.
b. The employee may be accompanied by legal counsel of hislher choice.
rfthe employee intends to be represented by counsel at said hearing, notice
of such must be provided to the hearing officer as far in advance of the
hearing as possible. The hearing officer may reschedule the hearing if
necessary.
c. During the hearing, the hearing officer will orally review the charges
with the employee. The employee shall have the right to respond to the
charge(s) made against himlher, either orally and/or in writing. The
employee may present documentation to the hearing officer and may, if
appropriate, be permitted to call witnesses in support ofhislher case.
d. The hearing officer may consider any available documentation and may
discuss the charges with any witness he/she deems appropriate. The
hearing officer shall decide what evidence -- either in the form of witness
testimony or documents -- may be introduced. Cumulative or irrelevant
evidence will not be permitted.
e. The hearing officer shall render a final written decision within ten (10)
calendar days after the hearing. The decision shall advise the employee of
whatever action, if any, the hearing officer is recommending to be taken
against the employee. The hearing officer's recommendation will be
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forwarded to the County Administrator (through the appropriate
Department and Division Director, if applicable). Disciplinary action
(except for verbal warning and written reprimand, which may be issued by
the appropriate Supervisor) becomes final when approved by the County
Administrator.
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7. Employees who are suspended without pay, discharged, given a reduction in
payor a demotion (as defined herein) may appeal said disciplinary actions only to
the Career Service Council as provided in Section 9.15. Other forms of
discipline may be appealed pursuant to Section 10.
8. During the period between the first notice and the effective date of the action,
the employee shall be expected to perform his usual duties without disrupting
fellow employees, or other persons, or the agency's activities. If, however, it is
deemed highly desirable or necessary that the employee not continue to perform
the same duties in the same location during this period, the County may
temporarily assign the employee to other duties.
9.12 POSSESSION OF WEAPON OR FIREARM
It is the policy of Monroe County that no employee shall carry or otherwise
possess a weapon while on duty or in uniform, including firearms.
If the performance of job duties require the use or possession of a weapon or
firearm, prior approval from the County Administrator must be obtained.
9.13 INDICTMENTS. PROSECUTIONS. ARRESTS
It is the responsibility of Monroe County to maintain a proper workforce.
Employees who are arrested, indicted by a Grand Jury, or on whom information
has been filed by a prosecuting official, shall be given a pre-determination hearing
to determine the effect said action and/or circumstances surrounding said actions
has on his or her employment with the County, which may result in disciplinary
action. If the employee is tried and found guilty and the conviction is not reversed
he or she may be terminated from his or her position in the County Service.
9.14 FAILURE TO COOPERATE IN A JOB-RELATED INVESTIGATION
1. As a condition of employment, any County employee may be required, upon
due notice, to cooperate with respect to any job-related hearing or investigation
scheduled by the County, or any person, commission, board or body authorized to
act on its behalf. This duty of cooperation also extends to any "outside" agency,
body or court of law with respect to any job-related matters.
2. Any employee who refuses to appear at any such hearing or inquiry, or who
having appeared fails to answer questions related to the performance of their
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official job duties will be considered to have resigned from their employment with
the County.
9.15 APPEALS
A Career Service employee who has been'suspended without pay, discharged,
given a reduction in payor a demotion (as defined herein) shall have only the right
to appeal said action to the Career Service Council by filing a petition with said
Council within thirty (30) days following such suspension, discharge, reduction in
pay, or demotion. Failure to file a timely appeal shall result in the forfeiture of all
right to challenge/grieve the discipline. There shall be no appeals to the Board of
County Commissioners and/or the County Administrator.
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EMPLOYEE COMPLAINT/GRIEVANCE PROCEDURE
SECTION 10 I " .!
10.01 COMPLAINT/GRIEVANCES
In the event an employee believes that the rules contained in this manual have
been misapplied/violated, he/ she must utilize the following procedure, except in
the cases of suspension, demotion or termination - See 10.01 F. Failure of the
grieving employee to follow the time limits will automatically result in a final and
binding denial of the grievance. If the County does not follow the time limits, the
appropriate County official will be deemed to have denied the grievance and it
may proceed to the next step.
A. Step. 1: The aggrieved employee shall present hislher grievance orally or in
writing to his or her Supervisor within fifteen (15) working days of the incident
to be grieved. Discussion will be informal for the purpose of resolving
differences in the simplest and most direct manner. The immediate Supervisor
shall consult with the Depci.rtment Head, reach a decision, and communicate that
decision orally or in writing to the aggrieved employee within ten (10) working
days from the date the grievance was presented to him or her. Supervisors are not
empowered to make policy decisions.
B. Step 2: If the grievance is not resolved in Step 1, the employee shall reduce
the grievance in writing, sign it, and present it to the Supervisor. The Supervisor
shall attempt to resolve the issue(s) concerning the alleged grievance within ten
(10) working days of the receipt of the written grievance. Should the grievance
still not be resolved at this point, it shall be presented to the Department Head for
review. The Department Head shall confer with the immediate Supervisor and
they shall attempt to obtain the facts concerning the alleged grievance, and within
ten (10) working days of receipt of the written grievance, answer the employee in
writing or schedule a meeting with the employee. If a meeting is held, the
Department Head shall notify the aggrieved employee in writing of his or her
decision, no later than ten (10) working days after the meeting. The meeting may
be rescheduled by the Department Head for a valid reason.
C. Step 3: If the response from the Department Head is not satisfactory, the
employee may present the grievance form to the Division Director , who may
confer with anyone he/she deems appropriate to obtain the facts concerning the
alleged grievance, and within ten (10) working days of receipt of the grievance,
schedule a meeting with the employee. The Division Director shall notify the
aggrieved employee in writing ofhislher, decision no later than ten (10) working
days after the meeting.
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D. Step 4: If the response from the Division Director is not satisfactory, the
employee may bring the grievance form to the Personnel Office, for review
before the Employee Grievance Council. This Council will provide an
additional avenue for the employee to pursue in the processing of appropriate
complaints or grievances. By the establishment of the Employee Grievance
Council, the employee whose problem is not resolved by the Division
Director, may have the opportunity appear before this Council of peers and
present his/her case. The Employee Grievance Council is empowered to call
all necessary witnesses before them and to subsequently make their
recommendations concerning disposition actions to the County
Administrator. The decision of the Council is not binding; final
determination will be made by the County Administrator. (Please refer to
Monroe County Administrative Instruction 1005 for rules and procedures
governing the Council.) The County Administrator shall furnish a copy of his
decision to the aggrieved employee within fifteen (15) working days of
receipt of the Councils recommendation(s).
E. Any complaint'grievance involving matters that pertain to Personnel, Policy
and Procedures may be addressed in writing to the Employee Grievance
Council, (via the Personnel Office) who will forward to the Council to
determine whether the matter is appropriate to be considered by the Council.
If deemed appropriate by a majority of Council members, the Personnel
Section will schedule the airing of the Grievance at the earliest convenience.
Council. The Council is empowered to call all necessary witnesses and make
a recommendation concerning disposition to the County Administrator whose
decision is final.
F. This Procedure does not apply to an individual who has been suspended,
discharged, reduced in payor demoted. Such individuals shall appeal in
accordance to Section 9.15 hereof.
G. If an employee does not answer to a Department Head and/or a Division
Director, the Personnel Section will assist the employee in moving through
the appropriate steps of this grievance procedure.
H. The by-laws governing the establishment and operation of the Employee
Grievance Council may be reviewed in Administrative Instruction 1005
I. If the grievant feels the issue has not been satisfactorily resolved, the
employee may appeal to the County Administrator.
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SEPARATIONS
SECTION 11
I ' 'I
11.01 RESIGNATIONS
A resignation is defined as an action whereby an employee voluntarily leaves the
County Service with or without the giving of notice and/or as any employee
conduct which is stated herein to constitute a resignation. An employee wishing
to leave the County Service in good standing shall file with the Department Head
a written letter of resignation stating the date and reasons for leaving, 14 calendar
days prior to the effective date of resignation. Failure to comply with this
requirement may be cause for denying such employees re-employment rights and
payment of unused leave. Unauthorized absences of three (3) days or more may
be considered a resignation.
11.02 LAYOFFS
Should it become necessary to abolish a position or reduce the number of County
employees because of lack of work, shortage of funds, re-organized and
transferred functions to an existing County employee, or for other legitimate
reasons, the County Administrator/Board of County Commissioners may layoff
as many employees as required, after two weeks notice. There shall be no appeal
except the internal grievance proceedings. No regular employee shall be laid off
while there are temporary or probationary employees serving in the same class in
the same department. Such laid off employees shall be given priority ofre-hire, in
the event the position(s) is/are re-established, based on seniority and previous
performance evaluations, for a period of time to their length of continuous service,
but not to exceed one year. Such employees will also be eligible for promotional
opportunity privileges for a period of one year after date of lay-off.
11.03 RETIREMENT
Employee benefits upon retirement will be based upon the regulations of the State
and County Government, Employees Retirement System Law, Social Security
Act, and any other provisions which may be in effect at the time of retirement.
11.04 DISCHARGES
A discharge occurs when an employee has been involuntarily separated from
County Service, usually for cause. Employees discharged for disciplinary reasons
may not be eligible for re-hire and may lose all seniority and reinstatement
privileges.
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11.05 EXIT INTERVIEWS
It is the desire of the County to determine why good employees leave the County
Service. An exit interview program has been established for the purpose of
determining the causes and possible solutions of turnover among County
personnel.
If an employee wishes, he or she may request an exit interview with the Personnel
Director by contacting the Personnel Office. The Personnel Director or County
Administrator may also request an interview with an employee who has made
known his or her intention to leave the County Service. The information obtained
during the interview will be used solely for the purpose of identifying or solving
problem areas, and will not become part of the employee's personnel record unless
authorized in writing by the employee.
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1 'I 'i
SOLICITING
SECTION 12
12.01 SOLICITING
1. No employee shall be permitted to solicit any other employee during working
time. Working time means the time when either employee (solicitor or solicitee)
is on duty and not on an authorized break or meal period.
2. No employee shall be permitted to distribute leaflets, notices or other
materials, or pass petitions during working or non-working time in work areas.
Such distribution can take place only in non-work areas and during non-working
time.
3. No non-employee shall be permitted to enter County premises or property at
any time for the purpose of soliciting employees or distributing or posting any
written, printed or other material except in those areas customarily open to the
public or vendors.
4. Limited exceptions to the above rules may occur but only upon application to
and approval by the County Administrator.
5. It is intended that the above rules shall be interpreted and applied m
accordance with applicable law.
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EMPLOYEE PERFORMANCE EVALUATIONS
, I"" .!
SECTION 13
13.01 POLICY
All Departments shall evaluate the performance of all employees on an impartial
basis using standard evaluation forms and the Employee Performance Evaluation
Manual provided by the Personnel Section.
13.02 PURPOSE
Employee performance evaluations shall be used for, but not limited to, the
following purposes:
A. To inform the employee of strong and weak points in his performance, as well
as training needs and improvements expected.
B. To recognize the employee's potential for promotion.
C. To determine the employee's eligibility for merit salary advancements.
D. As a basis for taking disciplinary actions against the employee.
E. To assist in determining the order of layoffs and reinstatements.
13.03 PROCEDURES
A. Each employee shall have his performance evaluated on a periodic as outlined
in the Performance Evaluation Manual.
1. All performance evaluations shall be made by the employee's immediate
Supervisor (with input from anyone deemed appropriate by the Supervisor)
and reviewed by a higher level Supervisor whenever possible. The immediate
Supervisor's final evaluation shall not be changed by higher level Supervisors;
however, reviewing Supervisors shall certify that they reviewed the rating and
may attach any written comments they deem appropriate concerning the
evaluation.
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2. A Department Head may authorize an evaluation at any time he or she
deems appropriate.
3. The original, completed evaluatiolil form, as weIl as any written
material from the Supervisor, the Department Head, or the employee,
shall be placed in the employee's official Personnel Jacket.
B. If an employee receives a below satisfactory rating in any category, the
immediate Supervisor shall work with the employee in an effort to assist himlher
in improving job performance. Such employees, if retained by the department,
shall have their performance re-evaluated in the category(s) deemed below
satisfactory:
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EMPLOYEE INSURANCE ,CQV;ERAGE
SECTION 14
14.01 COVERAGE
All full-time, regular employees are covered by life and accidental death and
dismemberment insurance paid for by the County. The amount of such insurance
is determined by the Board of County Commissioners.
Group hospitalization insurance coverage for full-time employees is paid for by
the County at a rate approved by the Board of Commissioners. Dependent
coverage will be available for those eligible at group rates, paid for by the
employee.
The County may change its benefit program at any time, for example, by adjusting
benefits, changing employee contributions, changing deductibles, and/or selecting
other insurance carriers.
14.02 DEFINITIONS
A. Domestic Partners. "Domestic Partners") are two adults who have
chosen to share one another's lives in a committed family relationship of
mutual caring. Two individuals are considered to be Domestic Partners
if:
1. they consider themselves to be members of each others
immediate family;
2. they agree to be jointly responsible for each other's basic
living expenses;
3. neither of them is married or a member of another
Domestic Partnership;
4. they are not blood related in a way that would prevent
them from being married to each other under the laws of
Florida;
5. each is at least of the legal age and competency required
by Florida law to enter into a marriage or other biding
contract;
6. they must each sign a Declaration of Domestic
Partnership as provided for in Section 14.03;
3 Resolution 081-1998
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7. they both reside at the same residence.
B. Joint Responsibility for Basic Living Expenses. "Basic living
expenses" means basic food and shelter. "Joint responsibility" means
that each partner agrees to provide for the other's basic living expenses
while the domestic partnership is ,in ,!effect if the partner is unable to
provide for himself or herself. It does not mean that the partners must
contribute equally or jointly to basic living expenses.
C. Competent to Contract. "Competent to Contract" means the two
partners are mentally competent to contract.
D. Domestic Partnership. "Domestic Partnership" means the entity formed
by two individuals who have met the criteria listed above and file a
Declaration of Domestic Partnership as described below.
E. Declaration of Domestic Partnership. "Declaration of Domestic
Partnership" or "DDP" is a form provided by the Human Resources
Director. By signing it, two people swear under penalty of perjury that
they meet the requirements of the definition of domestic partnership
when they sign the statement. The form shall require each partner to
- provide a mailing address.
F. Dependent. "Dependent" means an individual who lives within the
household of a domestic partnership and is:
1. A biological child or adopted child of a domestic partner; or
2. A dependent as defined under County employee benefit plan
document.
3. A ward of a domestic partner as determined in a guardianship
proceeding.
G. Employee means an employee of the Board of County Commissioners,
the constitutional officers or the Mosquito Control Board, except where
the context is otherwise.
14.03 ESTABLISHING A DOMESTIC PARTNERSHIP
A. An employee and hislher domestic partner as set out in Section 14.02 are
eligible to declare a Declaration of Domestic Partnership (hereafter
DDP) in the presence of the Human Resources Director, or the employee
partner may present a signed and notarized DDP to the Human
Resources Director. The DDP shall include the name and date of birth
of each of the domestic partners, the address of their common
household, and the names and dates of birth of any dependents of the
domestic partnership, and shall be signed, under the pain and penalties
of perjury, by both domestic partners and witnessed (two) and notarized.
B. As further evidence of two individuals being involved in a domestic
partnership, to of the following documents must be presented along with
the DDP to the Human Resources Director:
1. A lease, deed or mortgage indicating that both parties are joint
responsible;
2. Driver's licenses for both partners showing the same address;
3. Passports for both partners showing the same address;
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4. Verification of a joint bank account (savings or checking)
5. Credit cards with the same account numbers in both names;
6. Joint wills;
7. Powers of attorney; or
8. Joint title indicating that both partners own a vehicles.
I '" .I
C. An individual cannot become a member of a domestic partnership until
at least six months after any other domestic partnership of which she or
he was a member has ended and a notice that the partnership has ended
was given as provided for in Section 14.04. This does not apply if their
domestic partners deceased.
D. Domestic partners may amend the DDP to add or delete dependents or
change the household address. Amendments tot he DDP shall be
executed in the same manner as the declaration of a domestic
partnership.
14.04 TERMINATION OF A DOMESTIC PARTNERSHIP
A. A domestic partnership is terminated when:
1. one of the partners dies;
2. one of the partners marries; or
3. a domestic partner files a termination statement with the Human
Resources Director. A domestic partnership may be terminated by a
domestic partner who files with the Human Resources Director by
hand or by certified mail, a termination statement. The person filing
the termination statement must declare under pain and penalties of
peIjury that the domestic partnership is terminated and that a copy of
the termination statement has been mailed by certified mail to the
other domestic partner at this or her last know address. The person
filing the termination statement must include on such statement the
address to which the copy was mailed.
B. The termination of a domestic partnership shall be effective immediately
upon the death of a domestic partner. The voluntary termination of a
domestic partnership by a partner shall be effective thirty (30) days after
the receipt of a termination statement by the Human Resources Director.
If the termination statement is withdrawn before the effective date, the
domestic partner shall give notice of the withdrawal, by certified mail, to
the other domestic partner.
C. If a domestic partnership is terminated by the death of a domestic
partner, there shall be no required waiting period prior to filing another
domestic partnership. If a domestic partnership is terminated by one or
both domestic partners, neither domestic partner may file another
domestic partnership until six (6) months have elapsed from effective
termination.
D. It is the obligation of the employee domestic partner to notify the
Human Resources Director of the termination of a domestic partnership
as soon as possible after it occurs.
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14.05 HUMAN RESOURCES DIRECTOR RECORDS
A. The Human Resources Director will keep a record of all employees
DDPs, Amendments and Termination Statements. The records will be
maintained so that DDPs, Amendments and Termination Statements
will be filed to which they apply. 1 "i,
B. The Human Resources Director shall identify on the DDP what type of
documents were presented for further verification of the domestic
partnership.
C. Upon determination by the Human Resources Director that the DDP is
complete and that further evidence of the domestic partnership has
been presented as provided in Section 14.03 (B); the Human
Resources Director shall provide the employee with a copy of the
DDP. The employee/domestic partner shall become eligible to elect
domestic partnership health and other employee fringe benefits as
provided in Section 14.06. It will be the employee's responsibility to
notify the Employee Benefits Section of their intent to enroll the
domestic partner and/or any eligible dependents under the Monroe
County Employee Benefit Plan. Domestic partner/dependents
enrolled in the Monroe County Employee Benefit Plan are subject to
the same rules and provision applicable to covered
spouses/dependents.
D. The Human Resources Director shall provide forms to employees
requesting them.
E. The Human Resources Director shall allow public access to domestic
partnership records to the same extend and in the same manner as any
other public record.
14.06 EMPLOYMENT BENEFITS
A. The County shall provide the same health and other employment fringe
benefits to employees with domestic partners as to employees with
spouses. As used in this section, "employees" refers to active and
retired employees of Monroe County that are eligible for benefits
pursuant to state law, County Ordinances, County employment policies,
and collective bargaining agreements.
B. The County shall provide health insurance and benefit coverage to an
employee's domestic partner as it does to an employee's spouse, and to
the dependent's of an employee's domestic partnership as it does to an
employee's child(ren). An employee may opt to decline health
insurance coverage for her or his domestic partner, without foregoing
the right to obtain health insurance coverage or her or his domestic
partner during a future open enrollment period.
C. Upon termination of a domestic partnership by an employee, the
nonemployee domestic partner health insurance and benefits lapses. If
the employee domestic partner leaves employment with the County, the
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health and benefit package of the nonemployee domestic partner shall
lapse on the date that the former employee's insurance lapses.
D. Upon termination of a domestic partnership by the death of an
employee, the surviving domestic partner's health insurance and benefits
coverage shall lapse as it would for the spouse of a married employee,
upon the death of such employee. i
E. Board of County Commissioners employees shall be granted a leave of
absence, with pay, for the death of a domestic partner or family member
of a domestic partner to the same extent as for a spouse or family
member of a spouse. Use of the term "in-law" in employee handbooks
, shall include the relatives of a domestic partner.
F. Board of County Commissioners employees shall be granted sick leave
to care for a domestic partner to the same extent permitted to care for a
spouse, and to care for a dependent of a domestic partnership to the
same extent permitted to care for a child.
G. Board of County Commissioners employees shall be entitled to take
parental leave to take care of a child born to his/her domestic partner or
a newly adopted child to the same extent as a married person.
14.07 LIMITATION OF LIABILITIES
A. Nothing in this ordinance shall be interpreted to contravene the general
laws of this state.
B. Nothing contained in this Ordinance shall be construed to impose
liability upon a domestic partner for the health or health expenses of his
or her domestic partner.
14.08 FORMS
A. The Human Resources Director shall distribute copies of the following
forms to those individuals who request them:
1. Declaration of Domestic Partnership
2. Domestic Partnership Information Sheet
3. Amendment to Declaration of Domestic Partnership
4. Termination Statement of Domestic Partnership.
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TRAVEL
SECTION 15
15.01 TRAVEL
l '!1
It shall be the policy of the Board of County Commissioners to reimburse all
employees, Board members and other Department personnel for all authorized
travel. Said reimbursement shall be made in the following manner:
A. In County overnight travel will require the approval of the Department Head.
Out of County travel will require the prior approval of the applicable Division
Director or County Administrator. If travel is to any county contiguous to Monroe
County or if the travel can be completed within one workday, not requiring
overnight lodging, prior approval of the next-highest supervisory level can be
obtained. (See Monroe County Administrative Instruction 1003 for complete
instructions.)
B. Private use of individual vehicles for county business shall be reimbursed for
travel mileage in accordance with Florida Statute Chapter 112.
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.
D. Individuals shall be entitled to per diem while on official travel in accordance
with provisions contained in Chapter 112 of Florida Statutes, except the Board
may authorize the reimbursement of actual expenditures where documented
evidence is provided justifYing actual expenses incurred.
E. The County Administrator shall authorize reimbursement for lease, rental cars
and/or aircraft where it is deemed by the County Administrator to be the most
advantageous to the County. Employees are to waive all insurance on rental car
contracts, and no reimbursement for insurance costs shall be authorized under this
section.
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I "1 .;
APPEARANCE
SECTION 16
16.01 APPEARANCE AND PROPER ATTIRE
All County employees should strive to be as neat and clean in appearance as
possible. Proper attire conducive to carrying out the functions of their respective
positions should be worn by all employees.
The Department Head will be responsible to insure that the appearance of his or
her employees properly represents Monroe County in relation to their positions.
Proper clothing and equipment needed to insure employee safety is required to be
utilized at all times in accordance with the Monroe County Safety Policies.
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VIOLENCE IN THE WORKPLACE
Section 17
17.01 The purpose of this policy is to provide a safe environment for conducting
County business for employees, visitors, clients, and customers by prohibiting,
preventing, and taking action in response to work-related acts of violence.
17.02 Definitions:
are not limited to:
For the purpose of this policy, acts of violence include, but
behavior, or
1. verbal abuse, assault, threatening or obscene language or
actions, or
2. aggressive, harmful, dangerous, or violent physical
incidentally, or
3. actions which endanger county employees, directly or
4. improper or dangerous use or display of any weapon or
object used as a weapon.
For the purpose of this policy, work-related acts include, but
are not limited to, those which:
1. take place on County premises and affect county
property, employees or representatives, or
2. involve one or more County employees or representatives,
acting in their official County capacity, or .
3. may occur off of County premises, but are related to
County business, or
4. may occur outside of nonnal working hours, but are
related to County business or
5. involve the use of County equipment, vehicles,
communications equipment (phones, radio, FAX, etc.).
17.03 Procedures:
A. The County will take prompt remedial action against any
employee, visitor, client, or customer who engages in any behavior prohibited by
this policy.
B. The County will establish security measures, to the extent
practical, to ensure that County facilities are safe and secure against actions
prohibited by this policy.
C. Employees, supervisors, etc. will take reasonable immediate
action to protect victims of violent actions from further harm. Actions which will
increase any danger should be avoided. When necessary, local law enforcement
agencies must be notified as soon as possible.
D. After any imminent danger or threat has been dealt with, an
employee, manager, supervisor, etc. has a duty to notify their immediate
supervisor, Safety Manager, Risk Manager, or other appropriate person of any
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.~--------_......*-,-,<.._..,,"_..--
incident or activity which is in violation of this policy. Reports made pursuant to
this policy will be held in confidence to the extent possible. The County will not
tolerate any form of retaliation against anyone who makes a report under this
policy.
E. The Personnel Department shall be ndtified of any prohibited acts by the
affected employee, their supervisor, or other appropriate person, as mentioned in
the preceding paragraph. Personnel shall determine the extent of remedial and
disciplinary action to be taken. In making this determination, Personnel may
consult with employees, supervisors, safety or risk management representatives,
law enforcement officials, etc. Disciplinary action taken against employees who
violate this policy will be carried out in accordance with Monroe County
Personnel Policies and Procedures.
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A
Absenteeism, 70
Abuse of County Policies, 70
ACCIDENT REVIEW BOARD, II
Administrative Instruction, 14, 15,26,29,40,49,60,
79,90
ADMINISTRATIVE INSTRUCTION SYSTEM, I I
ADMINISTRATIVE LEAVE, 52
Affirmative Action, 9
alcohol,9, 15,21, 70
ANNIVERSARY, 37, 38
ANNUAL LEAVE, 45
APPEARANCE, 91
APPOINTING AUTHORITY, 17
ARRESTS, 76
B
BUDGET LIMITATIONS, 38
c
CAREER SERVICE~ 12
Career Service Council, 77
CHANGE OF STATUS, 22
CHILD CARE. 60, 62
CLASSIFICATION PLAN, 30
CODE OF ETHICS, I, 14
COMPLAINT/GRIEV ANCES, 78
confidential, 10, 15
continuous service, 21, 22, 80
CONTRACT EMPLOYEE, 12
Conviction, 70
COST OF LlVTNG, 37
County Service, 7, 8, 9, 13, 17,36,37,58,61,69,76,
80,81
Creditable Service, 21
Criminal, 70
D
DATE OF HIRE, 37
DECEASED EMPLOYEE, 38
DEFINITION OF SERVICE, 21
DEMOTION. 73
Destruction of Property, 71
DISCHARGE. 74
DISCHARGES, 80
DISCIPLINARY ACTIONS, 71
DISCLOSURE OF INFORMATION, 15
Discrimination in Employment, 71
Dishonesty, 70
domestic partner, 50
drug, 9, 15,21
Drug-Free Workplace, 15
Administrative Services
E
EDUCATIONAL ASSISTANCE PROGRAM, 23
EDUCATIONAL LEAVE, 62
ELECTIONS, 53
EMPLOYEE RECOGNITION, 29
EMPLOYEE TRAINING, 23
EMPLOYMENT OF RELATIVES, 15
EMPLOYMENT STATUS, 37
EOUAL OPPORTUNITY POLICY, 27
EVALUATIONS, 83
EXEMPT, 40, 41
EXIT INTERVIEWS, 81
F
FAMILY AND MEDICAL LEAVE, 65
Family Medical Leave Act, 61
FIREARM,76
Fraud, 70
FUNERAL, 50
G
gift,14
grievance procedure, 20, 79
H
Harassment, 27, 28, 29
HOLIDA YS, 43
HOURS OF WORK, 39
Human Resources, 8, 10, 33, 35
I
Illegal driving, 70
Incompetence, 71
INDICTMENTS, 76
Insubordination, 69
INSURANCE COVERAGE, 85
J
JOB-RELATED INVESTIGATION, 76
JURY DUTY, 52
L
LA YOFFS, 80
LEA VE OF ABSENCE WITHOUT PAY, 62, 64
LEAVE WITH PAY, 45
Leaving Assigned Work Area, 70
M
MATERNITY, 60, 6 I
MEAL AND REST PERIODS, 41
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MEDICAL EXAMINATIONS, 21
MEDICAL JUSTIFICATION, 49
merit, 36, 37, 74, 83
Misconduct, 69
Misfeasance, 71
Misuse of Time, 70
N
NOTIFICA TION OF ABSENCE, 50
o
ORAL W AR.l'\lING, 72
Ordinance #038.1988, 7
Ordinance No. 008-1987, 24
OUTSIDE EMPLOYMENT, 13
p
PRE A M B L E, 1
Pay Plan, 34
PAYROLL CHANGES, 37
PERSONAL LEAVE, 62
PERSONNEL SECTION, 8, 9
POLITICAL ACTIVITY, 12
POSITION CONTROL, 17,33
PREGNANCY, 60
PROBATIONARY PERIOD, 20
PROCEDURE FOR IMPOSING DISCIPLINE, 74
PROMOTIONAL OPPORTUNITIES, 26
Promotional OpportUnity, 26, 39
PROPER ATTIRE, 9L
PROSECUTIONS, 76
R
RESIGNATIONS, 80
RETIREMENT, 80
Administrative Services
Review Board, 7
Risk Management, LO
s
Safety Violations, 70
SEPj\R,}TIONS,80
SICK LEAVE, 47
SOLICITING, 82
STANDARDS OF EMPLOYMENT, 69
SUSPENSION, 73
T
Tardiness, 70
TEMPORARY - HIGHER CLASSIFICATION, 38
Theft, 70
TRANSFERS, 23
TRAVEL, 90
TYPES OF EMPLOYMENT, 17
u
unauthorized compensation, 71
v
VETERANS PREFERENCE, 16
VIOLENCE IN THE WORKPLACE, 92
VOLUNTEER, 16
w
WEAPON, 76
WORK DAYS AND WORK WEEK, 39
WORKERS COMPENSATION, 58, 59
WRITTEN REPRIMAND, 73
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