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Item C16C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting July 18, 2018 Agenda Item Number: C.16 Agenda Item Summary #4421 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Pam Pumar (305) 292 -4459 Bulk AGENDA ITEM WORDING: Approval of a Resolution authorizing a change in section of 4.10 Temporary Higher Classification of the Personal Policy and Procedures Manual. ITEM BACKGROUND: Section 4.10 (C) of the Personnel Policies and Procedures Manual (PPPM) currently provides that employees temporarily assigned to a higher - classified position or employees temporarily assigned additional duties /responsibilities, for greater than 30 days, may receive a salary increase on day 31, and the salary increase will be applied retroactively applied to day one of assuming the position or assuming the additional duties /responsibilities. F.S. 215.425 specifically provides that no extra compensation can be paid, once the services have been rendered. The language was present in the Florida Constitution of 1885, until it was changed to appear in a statute more than 40 years ago. Therefore, the Monroe County policy must be changed to remove the "retroactive" pay provision. This policy change removes the retroactive payment language and replaces it with a prospective salary increase effective beginning on the 15� day. Under the proposed language, employees could be asked to take on additional "out of class" duties for a short duration without additional pay, but would be paid for the additional duties, only prospectively, and beginning on day 15. PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution - PPP Section 4.10 - Temporary Higher Classification FINANCIAL IMPACT: Effective Date: July 18, 2018 Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: Bryan Cook Completed Cynthia Hall Completed Assistant County Administrator Christine Hurley 06/29/2018 5:04 PM Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending 06/29/2018 4:40 PM 06/29/2018 4:50 PM Completed 06/30/2018 10:27 AM 07/02/2018 7:21 AM 07/02/2018 9:56 AM 07/18/2018 9:00 AM RESOLUTION NO. -2018 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING PROPOSED CHANGES TO SECTION 4.10 OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL REGARDING TEMPORARY HIGHER CLASSIFICATION. WHEREAS, Section 4.10 (C) of the Personnel Policies and Procedures Manual (PPPM) currently provides that employees temporarily assigned to a higher - classified position or employees temporarily assigned additional duties /responsibilities, for greater than 30 days, may receive a salary increase retroactively applied to day one of assuming the position or assuming the additional duties /responsibilities; and WHEREAS, a change to this language is required in light of Section 215.425 (1) of Florida Statutes, which states: "(1) No extra compensation shall be made to any officer, agent, employee, or contractor after the service has been rendered "; and WHEREAS, in light of this change, it is also desirable to shorten the time period within which the employee is required to take on additional duties without the retroactive pay, from the thirty (30) days currently specified in the PPPM, to fourteen (14) days; and WHEREAS, County Code requires that any proposed changes be reviewed by the Personnel Policies and Procedures Board prior to presentation to the BOCC for approval; WHEREAS, the Personnel Policies and Procedures Board met on 06/28/2018, and reviewed and approved the proposed changes; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: 1. The Monroe County Personnel Policies and Procedures shall be amended to read as follows: [Language deleted is shown with ke�hfettg ; language added is shown with underlining 4.10 TEMPORARY -HIGHER CLASSIFICATION Due to a vacancy of a budgeted position an employee may be assigned full-time 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 -49 14 consecutive calendar 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 greater of the minimum salary of the pay range or a 5% salary increase per higher level pay grade (whichever is greater) fheffffte beginning on day 15 . 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. Page 1 of 2 One or more employees may be temporarily assigned dudes /responsibilities of a vacant budgeted position, which have a substantive impact on an employee's daily work life, are outside the normal scope, and require a new skill set. An employee assigned such duties /responsibilities for --'�4 14 consecutive calendar days or less may be required to do so at no increase in pay. If the employee(s) is required to work beyond this period, the employee(s) will be given a temporary adjustment in pay of 3% beginning on day 15 . At the conclusion of the assignment, pay shall revert to the authorized rate established for his /her regular position. Any such temporary increase granted shall not affect the employee's eligibility for normal salary advancement. 2. The above changes shall be incorporated into Monroe County Personnel Policies and Procedures Manual. 3. The above changes shall not affect employees governed by the collective bargaining agreement between Monroe County and Teamsters Local 769. 4. This resolution shall become effective upon approval. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of A.D., 2018. Mayor David Rice Mayor Pro Tern Sylvia Murphy Commissioner Danny Kolhage Commissioner George Neugent Commissioner Heather Carruthers (SEAL) ATTEST: BOARD OF COUNTY COMMISSIONERS KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA LA Deputy Clerk Page 2 of 2 La Mayor