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Item R06 �s R.6 r`, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting August 18, 2021 Agenda Item Number: R.6 Agenda Item Summary #8601 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Bryan Cook(305) 292-4537 N/A AGENDA ITEM WORDING: Approval of a waiver of sections 7.01 E (Payout of Annual Leave Upon Separation) and 7.07 Payment of Unused Sick Leave, for Assistant County Administrator Christine Hurley. Christine Hurley is resigning from the BOCC as an employee and accepting a contract with the BOCC as Executive Director of the Monroe County Land Authority. As part of the transition, she has agreed not to take a payout of Annual Leave or Sick Leave upon exit from BOCC employment. Rather, her hours will roll over to the Land Authority. ITEM BACKGROUND: Approval of a waiver of sections 7.01 E(Payout of Annual Leave Upon Separation) and 7.07 Payment of Unused Sick Leave, for Assistant County Administrator Christine Hurley. Christine Hurley is resigning from the BOCC as an employee and accepting a contract with the BOCC as Executive Director of the Monroe County Land Authority. As part of the transition, as part of her contract approved by the Land Authority, the parties agreed that she would not take a payout of Annual Leave or Sick Leave upon exit from BOCC employment. Rather, her accrued hours would roll over to her Land Authority position, and would be paid out upon separation from employment with the Land Authority. Applicable Sections of the Monroe County BOCC Personnel Policies and Procedures manual: 7.01 ANNUAL LEAVE E. 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. Upon enrollment into DROP, all vacation time will be paid to the employee upon completion of the appropriate payroll forms (Approved by BOCC June 10, 1998). 7.07 PAYMENT OF UNUSED SICK LEAVE A. An employee who terminates with less than five (5)years continuous service shall not be paid for any unused sick leave credits. B. Employees with varying years of continuous service shall, upon separation, from the County in Packet Pg. 2203 R.6 good standing, death or 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. 50 C. 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. D. Employees who leave the County service without proper PREVIOUS RELEVANT BOCC ACTION: June 16, 2021: Approval of an employment agreement between Monroe County Land Authority and Christine Hurley for the position of Executive Director for the Executive Director of Monroe County Land Authority December 11, 2019: Adoption of Monroe County Personnel Policies & Procedures Manual CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Personnel-Policy-and-Procedures-Manual-121119 MCLA Contract Hurley FINANCIAL IMPACT: Effective Date: 8/22/2021 Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Packet Pg. 2204 R.6 Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A N/A 10/21/20 180-52502 - BUILDING DEPARTMENT $4,500.00 $1,500 per employee (approximately 3) REVIEWED BY: Bryan Cook Completed 08/10/2021 4:20 PM Cynthia Hall Completed 08/10/2021 4:45 PM Purchasing Skipped 08/10/2021 4:44 PM Budget and Finance Skipped 08/10/2021 4:44 PM Maria Slavik Skipped 08/10/2021 4:44 PM Liz Yongue Completed 08/10/2021 4:50 PM Board of County Commissioners Pending 08/18/2021 9:00 AM Packet Pg. 2205 R 6.a m Monroe County Personnel Policies & Procedures Manual 0 CL CL CL 23 Z No w a jf C-I W hill Y f r+ r N r U December 11 , 2019 . CL CL Packet Pg. 2206 R 6.a PERSONNEL POLICIES& PROCEDURES MANUAL 2 Table of Contents c� Sections Pages 0 Preamble.................................................................................4-5 CL Introduction..............................................................................6-9 1. General Policies................................................................10-15 0 r. 2. Employment Policies......................................................... 16-28 3. Classification Plan............................................................. 29-30 4. Pay Plan........................................................................31-38 y m .2 5. Hours of Work.................................................................39-41 CL 6. Holidays........................................................................42-43 0 c� 7. Leave with Pay.................................................................44-48 w 0 8. Leave of Absence..............................................................49-61 9. Standards of Employment,Disciplinary Actions &Appeals..............62-68 10. Employee Complaint/Grievance Procedure................................69-70 cv 11. Separations.....................................................................71 12. Soliciting........................................................................72 , 13. Employee Performance Evaluations......................................... 73 0 14. Employee Insurance Coverage................................................74-77 CL 15. Travel............................................................................78 2 16. Appearance.....................................................................79 CL 0 17. Violence in the Workplace.....................................................80-81 c� 18. Children in the Work Environment..........................................82 CL 19. Cash Management Procedures................................................83 m 20. Fire Alarm Procedures .........................................................84 2 Packet Pg. 2207 R 6.a m 21. Emergency Management Expectations .......................................85 c� 0 CL CL CL r. r®: r®: m 02 CL c� CL 4- 0 cv CL c 0 CL c� CL 3 Packet Pg. 2208 R 6.a PREAMBLE ADMINISTRATION CODE OF ETHICS An employee in the public service must always demonstrate 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. CL CL CL Any individual or collective compromise with respect to these character traits can damage the ability of an agency to m 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. 0 r®: 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. 6 CL If one is responsible for the performance of others, the reasons for the importance of integrity must be shared with 6 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. CL 4- 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. M We 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. N One should be modest about his or her talents,letting the work speak for itself and be generous in their praises of the 2 good work of our peers and associates. We must be ever mindful to guard the Public Purse as if it 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 publicly when we have erred and be fair and sensitive to those who have not fared well in their CL 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 CL 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 w frequent contact with firms supplying the government,he or she must be sure to pay his or her own expenses. CL ¢; 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. 4 Packet Pg. 2209 R 6.a and finally,we must serve the public with respect, concern, courtesy and responsiveness, recognizing that service to � the public is beyond service to oneself. END c� 0 CL CL CL r®: r®: m 02 CL c� CL 4- 0 cv 2 CL CL c� CL 5 Packet Pg. 2210 R 6.a INTRODUCTION m INTENT It shall be the intent of the Board of County Commissioners and other grants, agencies or elected officials who so e request to adopt these policies and procedures that: U 0 A. The employees of Monroe County are productive persons who perform useful County functions. CL CL CL 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. c r. D. All appointments to the County Service are to be made in accordance with the rules, regulations and procedures 'a 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 Z these Policies and Procedures, or if an employee wishes clarification of any policy or procedure, he or she should c CL 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 Human Resources office at any time. Proposed changes will be discussed N by the Review Board and recommendations will be made to the County Administrator who will review said T' recommendations for his approval. If there are any recommendations that do not meet with the approval of the 25 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 is one or more proposed changes on which y 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 � Human Resources office. 2 CL SCOPE For the purpose of expediency,these policies may refer to either the male or female gender, or both with no intent to discriminate. All policies apply to both genders. 2 0 CL The personnel policies, regulations and procedures as adopted shall apply to all personnel in the County Servco falling under the jurisdiction of the Board of County Commissioners and any other agency grant, board or departmen which so requests. All County officials and employees, including but not limited to elected officials, contractec employees,and advisory board members, shall comply with the standards of conduct set forth herein. CL 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. 6 Packet Pg. 2211 R 6.a THE COUNTY SERVICE m 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, E Laws of Florida. U 0 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 0 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. r®: HUMAN RESOURCES .2 It is the responsibility of the County Administrator to render service to the County government in the fields of CL personnel management and employee relations, and to ensure uniform, fair and efficient personnel administration. In W this regard, the County Administrator shall establish and oversee the administration of a Human Resources office, C through the Department of Employee Services. In addition to the duties imposed by personnel policies and regulations,it is the responsibility of the County Administrator, through the Human Resources office,to: C WL 4- 0 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. C. Conduct evaluations and studies to determine the effectiveness of the personnel program, and periodically submit N 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. y E. Maintain a classification plan for all employees in the County Service. � 2 F. Maintain a pay plan for all employees in the County Service. CL, 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. 2 0 CL H. Prepare, or have prepared, and submit to the Board of County Commissioners, corrected, revised or additional personnel policies and procedures for their approval. c� I. Perform any other lawful acts considered necessary to carry out the purpose and provisions of the personnel CL policies and procedures. J. Perform interviewing,background investigations and otherwise pre-qualifying candidates for County employment. 7 Packet Pg. 2212 R 6.a K. Prepare any County Affirmative Action Plan. m 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. CL O. Administer B.O.C.C. adopted drug and alcohol programs. CL CL RECORDS OF HUMAN RESOURCES 0 r. The efficient administration of the County's Human Resources office depends on accurate information about th County and each of its employees. In order to keep personnel records up to date, employees must notify thei -0 Supervisor and the Human Resources office immediately of any change of name, address, telephone number, whop 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. m The County respects the privacy of its employees' rights and, in this regard,will keep all information in its personnc files confidential-- to the extent permitted under Florida law. c CL All requests from sources outside the County for personnel information concerning applicants for employment,curren employees, and former employees shall be directed to the Human Resources Office. The Human Resources e office will release information to outsiders in accordance with the standards as set forth in Administrative Instruction °' 4903. W RISK MANAGEMENT - SAFETY/LOSS CONTROL A. RISK MANAGEMENT cv It is the responsibility of the County Administrator to protect the County from financial loss due to publi, liability exposures and/or property damage. This may be accomplished by either the utilization of fully 25 insured or self-insured programs or policy contracts, as approved by the Board of County Commissioners. The Risk Management office will maintain all insurance policies, property schedules, etc., and will properl, y distribute all insurance premiums to the budgetary units. The County Administrator will institute recognized risk management techniques, with the cooperation of all uo Department Heads, the County Attorney's office, and Constitutional Officers (where applicable), to furthe identify potential exposures, recommending to the County Commission the best course of action to properl: protect the interests of Monroe County. 0 INSURANCE CL, W A. EMPLOYEE BENEFITS (Group Insurance and Workers Compensation c� The County Administrator will oversee all employee benefit programs, including, but not limited to Lif CL Insurance and Health Insurance for Board employees, as well as Constitutional Officer employees (i participated in by those entities). All enrollment records, claim files and the proper distribution of expense will be assigned to Employee Benefits, with final approval of program types and levels of benefits remainin, 8 Packet Pg. 2213 R 6.a with the Board of County Commissioners. CL CL CL c� c c r. r®: r®: m 02 CL c� CL 4- 0 cv CL 0 CL c� CL 9 Packet Pg. 2214 R 6.a B. SELF-FUNDED PROGRAMS 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. Any proposed change to the self-funded health insurance program that would constitute a material reduction e in benefits or change in cost to current employees and retirees that will be presented to the Board of County U Commissioners will be preceded by a two week written notice to the affected employees and retirees. C. MONROE COUNTY EMPLOYEE SAFETY COMMITTEE a. In accordance with the Monroe County Safety Policies and Procedures, and County Administrator Instructions, the Monroe County Employee Safety Committee functions to prevent accidents through review 0 of accident/incidents reported to the Human Resource Office, and recommends safety-related policies and R procedures to the County Safety Office. D. ADMINISTRATIVE INSTRUCTION SYSTEM r®: The County Administrator will establish a standardized administrative instruction system for initiating, m preparing, controlling, monitoring and promulgating all Monroe County Administrative Policies and 'U Procedures by way of rules and guidelines, which clarify those adopted Monroe County Administrative c 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 e reserves the authority of final determination as to ministerial function. This system will be structured CWL 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. 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. 2 CL CL e CD CL 10 Packet Pg. 2215 R 6.a GENERAL POLICIES m SECTION 1 1.01 CAREER SERVICE A. DEFINITION 0 CL In accordance with Chapter 69-1321 Laws of Florida, as amended, employees designated in this Act, CL CL 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. 0 N- 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 Human Resources office will provide the Department Head with notice to evaluate the employee in accordance with Administrative Instruction 4003. The evaluation form shall be forwarded to the Human Resources office and placed in the employee's personnel file. (See Section 2.04.) If a positive recommendation is made to retain the employee by the appropriate Department Head and approved by the County Administrator, the employee will be eligible for Career Service c CL upon completion of one (1) year of continuous, satisfactory 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. CL C. CONTRACT EMPLOYEE 0 The County Commission may waive, at its option, the necessity for the probationary service of a contract employee after the commencement of 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. D. FLORIDA RETIREMENT SYSTEM SENIOR MANAGEMENT Positions deemed Senior Management in accordance with Florida Statutes 121.055(1) shall acknowledge and waive their right to career service designation on a form prescribed by the County Attorney's office. 2 CL 1.02 POLITICAL ACTIVITY A. No employee shall use any promise, reward or threat to encourage or coerce any person to support or 0 contribute to any political issue, candidate or party. , 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. CL C. Nothing will prohibit any employee from expressing his opinion on any candidate, on issues, or from participating in any political campaign during his off-duty hours. 11 Packet Pg. 2216 R 6.a D. Nothing herein contained shall affect the right of the employees to hold membership in, and support, ; political party, to vote as they choose, to express opinions on all political subjects and candidates, to maintaii 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 i generally stated in part in 1.02 (A) & (B) above, as may be amended from time to time. U 0 1.03 OUTSIDE EMPLOYMENT a. 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, 0 with the best interests of the County or interfere with the employee's ability to perform the assigned County job. r®: 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; r®: 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 Z public service. CL B. Employees shall not be instructed or allowed to perform work for private individuals or other governmental E agencies as part of his/her County employment except in those instances where such work is part of contract Oe 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. 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 25 use of same for personal gain or use may be cause for termination. See Administrative Instruction 4725 for additional information. 1.05 CODE OF ETHICS 2 A. All employees must be aware of, and comply with, Section 112:311 (6) Florida Statutes which currently CL 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 =U 0 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." CL 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 12 Packet Pg. 2217 R 6.a limited to Christmas and/or birthday gifts in an amount that exceeds an estimated value of $25.00. Employees shall not accept any gift, favor or service with the understanding that it was provided to him/her in order ' to obtain special treatment. Elected and appointed officials of the County are subject to the State Statute for acceptance of gifts. c� D. No employee shall make any false statement, certification or recommendation of any employment unde any provision of these policies, or in any manner, commit or attempt to commit any fraud preventing the CL impartial execution of the provisions of these policies,with regard to employment,promotion or transfer. CL CL E. Conflict of interest rules shall be in accordance with the established laws of the State of Florida. 0 No County employee shall transact any business in his or her official capacity with any business entity o R 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 b( obtained from the Human Resources office. r®: The County Administrator may at any time, require a statement of disclosure from any employee if he ha '2 reason to believe that said employee may be in violation of this policy. The Human Resources office will be CL responsible for investigating any alleged incident of conflict of interest and when needed, the County's lega 6 counsel will interpret Florida Statute 112.311-112.326. If a violation of this policy is found, appropriate C disciplinary action may be initiated. CL F. Employees shall not conduct personal business while in County uniform while on duty Employees shal not consume alcoholic beverages while on duty,nor on off-duty hours while in uniform. W G. Employees shall not consume or be under the influence of alcoholic beverages while on duty or in Count uniform, nor shall they use, be under the influence of, consume or possess illegal substances while on duty,ii County uniform or on County property at any time. It is the intent of Monroe County to create and maintain 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 y 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 Human Resources Office. The County Administrator, Department Heads, their Deputies and other employees holding positions of high public trust rt and/or authority will be held to higher disciplinary and ethical standards than other employees. 1.06 DISCLOSURE OF INFORMATION/RECORDS g 0 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. c� All county offices shall comply with any request for records and/or information and appropriately disclose such in accordance with the standards as set forth in Administrative Instruction 4903. See Florida Statutes 112.3148 (3)�4� 13 Packet Pg. 2218 R 6.a m 1.07 RESTRICTION OF EMPLOYMENT OF RELATIVES 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 2 CL advocate for appointment, employment, promotion, or advancement, in or to a position in the agency in CL which he is serving or over which he exercises jurisdiction or control, any individual who is a relative of the CL public official." The definition of relative will be in accordance with Florida Statute 112.3135(1) (d) and will Z include Domestic Partner. Nothing set forth herein shall prohibit the employment of more than one (1) 0 member of the same family. The Human Resources Office will be responsible to investigate any alleged c` incident of nepotism. Upon investigation if it is found that a potential conflict or that a relationship exists that could be interpreted as such, action may be taken so that the situation no longer exists. When needed,the County's legal advisor will furnish current information to the Human Resources office on Florida Statute UJ 116.111. Where 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. CL Definition: Domestic Partner' - "Domestic Partners" are two adults who have chosen to share one another' c lives in a committed family relationship of mutual caring. Two individuals are considered to be Domestil 0 Partners if: CL (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 14.03 (7) they reside at the same residence. 1.08 VOLUNTEERS Monroe County recognizes the importance of work performed by volunteers. � 2 The Department Head will be responsible for obtaining authorization through the Human Resources office 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. 2 0 (See Section 8.011 regarding voluntary Emergency Response Team for County employees.) CL, 1.09 VETERANS PREFERENCE DURING HIRING AND RETENTION 0 At the hiring stage,if no qualified applicant is selected in-house after a seven (7) calendar day posting period, CL available positions will then be offered to the general public, unless in-house and general public notice are c authorized by the Director of Human Resources concurrently. 14 Packet Pg. 2219 R 6.a Eligible veterans as defined in Chapter 295, Florida Statutes, will receive preference with the exception of those positions which are exempt. 2 Exempt positions are elected officials, elected officials' executive assistants, assistant county administrators, department heads, temporary employees, and attorneys. Preference will also be granted to veterans at retention in accordance with the rules set forth in Chapter 295, c, Florida Statutes, and regulations issued by the Florida Department of Veteran's Affairs. CL CL CL r. r®: r®: m 02 CL c� CL 4- 0 cv CL CL c� CL 15 Packet Pg. 2220 R 6.a EMPLOYMENT POLICIES m SECTION 2 c� 2.01 APPOINTING AUTHORITY 0 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 CL employed and supervised by the County Administrator. Employment of Department Heads will require the confirmation of the Board of County Commissioners. The County Administrator will be responsible for: 0 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 Departments have been fairly and equally evaluated, rated and classified in UJ accordance with Personnel Policies and Procedures and the Pay/Classification Plan. r®: 2.02 POSITION CONTROL 0 0. All positions in the County Service are established and maintained through a budget each fiscal year, approved b T the Board of C Commissioners. pp � County n 0 e A. The establishment of new additional positions,or an increase in hours of a position can only be 0) CL authorized by the Board of County Commissioners and the County Administrator, subject to adequate Justification of need and availability of funds. Establishment of Emergency Disaster positions on a year to year basis do not require the prior approval of the Board of County Commissioners. The personnel in these positions will be trained and utilized on an as needed basis before, during, or after an emergency or W disaster and will be paid for by the Hurricane Account Funds. Positions created on a temporary basis as described below in 2.03 B (3&4) do not require the prior approval of the Board of County Commissioners. B. For training and transitional purposes, two individuals may fill a budgeted position simultaneously for up to , six (6) months contingent on available funding. Both individuals shall accrue full benefits and be classified as a Full-time Regular employee. 0 C. Personnel to fill approved new positions shall be appointed after the position has been evaluated, classifiedL. and assigned a pay grade. 2.03 TYPES OF EMPLOYMENT 2 0 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: c� 1. Full-Time Regular Employee CL 2. Substitute Employee 3. Temporary Employee E 4. Emergency Temporary Employee 5. Part-Time Employee 16 Packet Pg. 2221 R 6.a 6. Trainee 7. Contract 8. Florida Retirement System Senior Management 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. CL B. Definitions of types of original employment: CL CL 1. Full-Time Regular Employee 0 r® a. Full-Time Regular employment will be made to a classification for regularly budgeted R 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. m c. An employee serving in a full-time regular position shall be eligible for career service status `u as described in Section 1.01. c a. 2. Substitute Employee C e 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 if employed for less than 25 one continuous year. 3. Temporary Employee a. Temporary employment may be made when the work of a department requires the services uO of one or more employees on a seasonal or intermittent basis, or in a position not classified as CL a regular County position. 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. W 0 c. A temporary employee shall not be eligible for County benefits or paid holidays, except as stated in 'e' below. CL d. A temporary employee shall be exempt from career service status. 17 Packet Pg. 2222 R 6.a e. All employees who are employed under special grants/projects shall be temporary employee throughout the duration of the grant/project. Such employees shall at no time be considerec regular employees of the County, and shall only have the rights of temporary employees as se forth in these policies and procedures, except as might be specifically set forth in the specio 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, and an e benefit not eligible for reimbursement under the grant funding for the position. U 0 4. Emergency Temporary Employee CL CL CL 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 o 0 experience. r®: c. No person shall be given one or more emergency employments for more than three (3) CM calendar months. r®: d. An Emergency Temporary Employee shall not be eligible for County fringe benefits. .2 e. An employee hired on an emergency basis shall be exempt from career service status. c CL 5. Part-Time Employee An employee is to be considered part-time if the employee works less than twenty-five (25) hours pe CL, week. The salaried part-time employee who works at least twenty (20) hours per week will accru vacation and sick leave according to scheduled work hours. Anyone working less than twenty (20 hours per week will not accrue sick or annual leave. 6. Trainee Employee cv An employee appointed to fill an established position on a regular full-time or part-time basis shall b, 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 no attain Career Service Status. Each proposed contract will be submitted by the County Administrato , to the Board of Commissioners for approval. C 8. Florida Retirement System Senior Management 2 0 CL The Board of County Commission may designate in accordance with Florida Statutes 121.055(1) positions within County Administration that meet the minimum requirements to be included in the Senior Management Class, as long as that position incumbent acknowledges and waives their right t( career service designation on a form prescribed by the County Attorney's office in accordance wit] the policy. 18 Packet Pg. 2223 R 6.a 2.04 PROBATIONARY PERIOD m 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 does not meet performance standards, the employee may be terminated without recourse. The County Administrator, or a designee, shall either: (1) approve, in writing, retention of E the employee, at which time the employee shall be granted career service status: or (2) decide that the U probationary period will be extended for no longer than an additional 90 days if the employee has not met performance standards : or (3) in the event the County shall fail to approve the employees' retention the CL employee shall automatically be separated from employment with the County, said separation being absolutely CL CL 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 0 CETA Program will retain their original date of hire if transferred to or hired in a regular County position for R use in procedures governing fringe benefits and evaluation purposes, when applicable. Said employee must -a 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. � .2 C. In the event an employee receives a promotion through the promotional opportunity process, said c CL employee will serve a 90 day probationary period, or the remainder of their original probationary period, � whichever is greater. If during this probationary period the employee does not meet performance standards, rE he or she may be terminated without right of appeal if recommended by the Department Head 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 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 CL 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 -2 0 break in service effective at the end of the employee's regular shift on the last day of work. CL, D. If an employee has a break of service of 48 hours or more, he/she cannot be reinstated to his/her 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 CL 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. 19 Packet Pg. 2224 R 6.a 2.06 MEDICAL EXAMINATIONS A. In order to maintain a vigorous and healthy work force the County shall require post offer medica examinations by a physician designated by the County. c� B. The County Administrator may require that an employee submit to a physical and/or psyTchiatri, "Ur- examination by a physician or other qualified practitioner at any time during their employment, which mayT include blood and/or urine testing for drug or alcohol usage. Charges for same will be the responsibility o CL the County. CL CL Grant Programs will provide funding for medical examinations for their employees in their respective budgets 15 4- 0 r. 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 Human Resources office and th employee's Department Head. Findings and recommendations shall be forwarded to the Count Administrator for final disposition. Payment of any expense incurred by the applicant/employTee other thaj the initial examination required by the County will be the responsibility of the applicant/employTee. D An employee determined to be physically or mentally unfit to continue working in his/her curren 'U_ classification may be terminated,but may apply through the promotional opportunity system for any available CL 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 afte E his/her termination date. CL E. If a Department Head has reasonable suspicion that an employee is under the influence of, or usin, alcoholic or illegal substances, that Department Head may require that said employee be examined by ; physician who may include blood and/or urine testing. 2.07 BASIS FOR CHANGE OF STATUS cv 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 sha] identifyT the specific knowledge, skills, and abilities necessary for the successful performance of the duties of the position. y 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 sha] CL be evaluated according to uniform and consistently applied selection techniques established by Personne C 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 th, . position. CL Other than as described in Section 1.09, Veterans Preference, in determining change of status as a result o 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. CL 20 Packet Pg. 2225 R 6.a 2.08 SELECTION PROCESS m 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 CL so. Transfers will be made by the County Administrator based upon a recommendation by the employee's CL CL Department Head. B. Employees will be notified in writing of the County Administrator's decision to transfer them. Employees 10 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 ASSOCIATION MEMBERSHIPS AND PARTICIPATION r®: Employees may be permitted time off from work with pay to be a speaker at a function,which is not required m of his/her position with the County, to attend organization membership meetings and participate in officer Z roles. Leadership Monroe is also a qualified event under this policy. Participation during work hours must be c CL related to the employee's job duties with the County. Requests to participate during working hours must be provided to the applicable Department Head,in writing,with final approval by the County Administrator. C 0 e Employees are attending these events on a volunteer basis and time allowed for attending such events does °' not constitute hours worked for the purpose of computing required overtime payments. The department the employee works in may pay for membership fees and other related fees,including travel. cu Payment for all associated costs may be made in advance by the department or the employee will be �-- reimbursed. ' cv 2.11. 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 afte successful completion. See 2.12,item A. CL Departments may have ongoing training or education requirements for certain positions. In some cases C courses,books, tuition, testing and other related fees associated with the education or training, including trave may be paid for in advance by the department in which case the employee will not be required to be reimbursec . In other cases, the employee may pay for the courses, books, tuition, testing and other related fees, and travc CL, expenses, and be reimbursed. In those cases, the expenditures require prior approval of the department heac Supporting documentation acceptable to the Clerk must be submitted for reimbursement. Acceptability to th Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may goveri EW the Clerk's disbursal of funds. CL 21 Packet Pg. 2226 R 6.a Employees must complete the course within one year from date of receiving any advance payment. If cours( is not completed within one year, the employee must refund to the County the entire advance payment withit one month. W 2.12 EDUCATIONAL ASSISTANCE PROGRAM A. EDUCATIONAL ASSISTANCE POLICY3 0 CL The County may provide financial assistance to County employees for educational courses which ar, CL 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. 0 In the case of a degree-seeking student; although attainment of said degree may provide jol a enhancement for the employee, courses taken in the pursuit of the degree must have some relation tc County employment. r®: B. ELIGIBILITY .2 An employee will be considered eligible for participation in the Educational Assistance Program if he c CL has been a full-time employee of the County for one year or more, and is so recommended by the Supervisor and Department Head. An exception may be made for those employees referred to in Ordinance No. 008-1987, as approved by the Board of Commissioners. C WL 4- 0 C. APPLICATIONS An Employee must submit the completed Request for Educational Assistance Form to the immediate Supervisor and Department Head for approval prior to the employee enrolling in the course. cv The Department Head 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 Department Head the enrollment receipt and textbook receipt. Upon completion of the course, the employee shall submit to the Department Head 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 sent to the Human Resources office and placed in the employee's personnel file. 2 0 CL D. TIME OFF FROM WORK 0 Qualified employees may be permitted time off from work with pay to attend educational trainin, classes or seminars which are related to their job duties but which are not available during non-workin hours, if approved by the applicable Department Head. Allowable time off will be restricted See Florida Statutes 112.063 22 Packet Pg. 2227 R 6.a to a maximum of 160 hours in any calendar year unless specifically otherwise approved by the County Administrator. m Employees are attending this training on a volunteer basis and time allowed for attending such training does not constitute hours worked for the purpose of computing required overtime payments. c� E. REIMBURSEMENT U 0 1. Upon the successful completion of approved courses, the employee will be eligible for CL reimbursement of tuition, textbooks, online access fees, distance learning fees, and lab fees. The CL CL 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 Department. Requests for reimbursement must be made within sixty days after completion of the course. c r. 2. Textbook reimbursement allowance is limited to $125 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. � .2 4. Where tuition is covered under benefits from the Veterans Administration or a philanthropic c CL source, qualified employees may participate only in the "time off from work" feature of the � program. 0 e 5. Reimbursement under the Educational Assistance Program constitutes income to the employee. °' The County must withhold taxes from this 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. y F. CONDITIONS OF REIMBURSEMENT Employees who obtain reimbursement for any educational assistance shall remain with the County a CL least two (2) Nears after completion of courses, otherwise any reimbursement which was made by th, County to the employee shall be refunded to the County, if the employee terminates within less that two (2) Nears from date of completion of educational assistance courses. Further funding to th . County shall be accomplished by deducting all reimbursement due from the employee's find , paycheck. 0 G. OBTAINING A DEGREE WHILE EMPLOYED e a. Effective May 1, 2016, employees who obtain a degree from an accredited institution,which is beyond what is minimally required for the position that he/she holds with the County and that degree adds value to the department as well as the County, will receive a $1,500 per year ($125 per month) salary increase for each degree obtained. The incentive pay shall be divided and shall be paid 1/26`h per pay period. In the event the 23 Packet Pg. 2228 R 6.a employee reaches the maximum of their current pay range, the amount is to continue to be added to the employee's salary. In the event the employee has a personnel action which results in a reclassification, transfer, hire through promotional opportunity or if the employee receives any other type of salary increase in accordance with these personnel policies and procedures, the incentive pay shall be added to any base pay received as a result of the personnel action as long as that degree is not a requirement of the position and the degree continues to add to U the value of the department as well as the County. CL 2.13 EMPLOYEE SAFETY CL a. m 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 administered and enforced by the Monroe County Safety Officer 0 according to the Safety Policies and Procedures adopted by the Board of County Commissioners. r®: Employees will observe all safety rules and regulations established by the State of Florida and Count Government. Department Heads and Supervisors are responsible for the observance of those rules withil their jurisdiction. Failure to comply may result in disciplinary action. m 2.14 PROMOTIONAL OPPORTUNITIES 0 0. 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 cc 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 interes CL of the County to waive this rule, prior approval of the appropriate Department Head(s) and the County Administrator must be obtained. Please review Section 2.04 Probationary Period. Promotions Opportunities will be posted on bulletin boards throughout the County system for seven (7) calenda days. a. Contractual Commissioner Aide positions (Executive Assistants) will not be required to be posted and/or advertised unless at the request of the Commissioner with the vacancy. N B. An eligible employee wishing to apply for a promotional position will complete the Promotional 25 Opportunity Application Form within the seven (7) day period (date of posting is day one (1)) and submit it to cc the Human Resources office. The Human Resources office 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 -2 seven (7) day period is to be considered a priority. In the event the Promotional Opportunity is not received CL within the seven (7) day period, the in-house employee shall lose preferential treatment. 0 D. Preference will also be granted to veterans claiming the veteran's preference during the first promotion following reinstatement or reemployment in accordance with the rules set forth in Chapter 295, Florida CL Statutes, and regulations issued by the Florida Department of Veteran's Affairs. 24 Packet Pg. 2229 R 6.a 2.15 EQUAL OPPORTUNITY POLICY A. The County is firmly committed to equal employment opportunity, and does not discriminate in an employment-related decisions on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity or expression,pregnancy,age, disability or other similar factors that are not job-related. c� The County's policy of equality of opportunity applies to all organizational levels of the County and to all jol U classifications. It is the responsibility of each elected or appointed public official, Assistant County Administrator, Department Head and Supervisor to give the County's non-discrimination policy full suppor CL through leadership, and by personal example. In addition, it is the duty of each public official and each CL CL employee to help maintain a work environment which is conducive to, and which reflects, the County' commitment to equal employment opportunity. 0 N- B. All personnel actions shall be based solely on ability and fitness of the individual. r®: C. The Human Resources office shall see that information about job opportunities is readily available to al cm employees and citizens of the County, and a continuing program shall be conducted to make the Eqm LU L, Employment policies known to all citizens of the County. m D. In this capacity, the Human Resources office will be responsible for anticipating problems, formulatin; solutions, presenting complete analysis of alternatives and recommended corrective actions and coordinating c CL the recommended actions with public officials, Assistant County Administrator, Department Heads and employees. e In the implementation of this policy, the County will aggressively seek personnel for all job levels within th( CL °' organization through upgrading and recruitment from minority group members and women. W This policy is specifically included and will be a continuing and essential component of the Personnel Policie and Procedures. E. Harassment of any kind is prohibited and will not be tolerated. A violation of this policy will subject al employee to disciplinary action,up to and including termination of employment. Any violation which cannot be remedied through the disciplinary process set forth in these policies and procedures may be considered b the Board of County Commissioners for any other avenues legally available, such as, but not limited to, contractual remedies, no trespass orders, injunctive relief, removal of workplace accommodations which hav, y been abused,or through federal or state laws protecting workers in the workplace. Harassment is defined as verbal or physical conduct which: 1. Denigrates or shows hostility or aversion toward an individual because of his or her race, color CL religion, gender, national origin, age, veteran status, marital status, familial status, sexual orientation gender identity or expression, pregnancy, or disability/handicap, or that of his or her relatives friends or associates. 2 0 2. Has the purpose or effect of creating an intimidating,hostile or offensive working environment; CL, 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 harassingconduct includes but is not limited to epithets, slurs okes negative stereotyping, or p , � , 1 g w threatening, intimidating or hostile acts that relate to race, color, religion, gender, age, national origin, veteran CL status, marital status, familial status, sexual orientation, gender identity or expression, pregnancy, o disability/handicap. Prohibited harassing conduct includes written or graphic material that is placed on wall bulletin boards or elsewhere on the premises or that is circulated in the workplace. 25 Packet Pg. 2230 R 6.a The above policy includes,but is not limited to, sexual harassment. Sexual harassment is defined as: 1. Unwelcome sexual advances; 2. Requests for sexual favors; 3. Verbal or physical conduct of a 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 U individual's employment; or c. such conduct has the purpose or effect of creating an intimidating, hostile or offensive CL working environment. CL CL 4. Sexually offensive jokes,innuendoes,and other sexually oriented statements or behavior. 4- If an individual experiences or observes any form of harassment of an employee by any person (regardless of 0 the offender's identity or position), he/she is required to promptly report the incident to an Assistant County Administrator,Department Head,the Human Resources Administrator or the County Administrator.Assistan County Administrators and Department Heads are responsible for promptly reporting the allegation or concerns to the Human Resources Administrator or the County Administrator. (It is encouraged that th, U, individual put such a complaint in writing). If the complaint is about the County Administrator or any othe R person whose official or political position leads an employee to believe that the complaint may be ignored o handled improperly, the individual who experiences or sees any prohibited form of harassment which he/sh Z is required to report may report the conduct to a county commissioner, who shall see that it is properl, c CL processed by staff in an objective manner. The complaint will be immediately investigated and kep confidential to the extent possible. Individuals who make complaints have an obligation to assist an( cooperate with the County's investigation. CL If the County determines that an employee (including public officials, Assistant County Administrator Department Head, or supervisor) or third-party has harassed another individual, appropriate remedial actioi LW- win be taken against the offender, up to and including termination. If the harassment involves a third part such as a contractor,vendor, supplier, or other visitors to County buildings or the workplace, that person ma be barred from the premises. cv The County prohibits any form of retaliation or coercion (including intimidation, interference o discrimination for lodging a bona fide complaint under this policy or for assisting in the investigation of a 25 claim of harassment. If an individual experiences or observes any form of retaliation by any person, employee or non-employee (regardless of the offender's identity or position) he/she is required to promptly report th, incident to an Assistant County Administrator,Department Head, the Human Resources Administrator or the County Administrator. Assistant County Administrators and Department Heads are responsible for promptl reporting the allegations or concerns to the Human Resources Administrator or the County Administrator. It 00 is encouraged that the individual put such a complaint in writing. The complaint will be immediately investigate( , and kept confidential to the extent possible. Individuals who make complaints have an obligation to assist an( c cooperate with the County's investigation. If the complaint is about the County Administrator or any othe person whose official or political position leads an employee to believe that the complaint may be ignored o handled improperly, the individual who experiences or sees any prohibited form of harassment which he/sh, , is required to report may report the conduct to a county commissioner, who shall see that it is properl; processed by staff in an objective manner. The county will protect individuals who make a complain oc to the extent legally possible. Any bona fide complaint will in no way be used or held against an employee (o non-employee) nor will it leave an adverse impact on the complaining employee's employment. CL Individuals shall not assume that the County is aware of a harassment problem and are required to adhere tc this policy and make a report so that the problem can be resolved. Any questions concerning this polic should be addressed to Human Resources. 26 Packet Pg. 2231 R 6.a F. If one believes that the County has violated the equal opportunity policy, as stated in this section, he/sh, should submit a written complaint to the EEO Coordinator. The EEO Coordinator shall investigate th, complaint and respond to the complaint. _ 2.16 EMPLOYEE RECOGNITION A -EMPLOYEE OF THE QUARTER/YEAR PROGRAM 0 2 CL Monroe County has established an Employee Service Award which is designed to recognize employees who CL CL 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 selected for the quarter shall be awarded a $300 one time lump sum payment and an appreciation plaque. The employee of the year shall r0 receive a one-time lump sum payment of$3,000 and an appreciation plaque. r®: B -YEARS OF SERVICE PROGRAM w Monroe County has established a program to recognize County employees who have been in the County Service for Five, Ten, Fifteen, Twenty, Twenty-five, Thirty, and Thirty-five years. Grant and part-time employees will be eligible for the years-of-service program. 0 CL At the employee's anniversary date, or as soon thereafter as is feasible, the Human Resources office will send z Department Heads a list of employees that are eligible for a years of service award that month along with a template letter for recognizing the employee and notifying the Payroll office. Each Department Head will be responsible for completing and providing a letter of recognition to the employee along with providing a copy to L Human Resources to be placed in the employee's personnel file, noting the years of service and the award that will be given. Payment of the award will be distributed as outlined below and will be included in the employee' paycheck. A letter to the Payroll Department will be completed by the Department informing Payroll what th ' amount of the award shall be and a copy of the letter provided to Human Resources to be placed in th employee's personnel file. It is the Department's responsibility to discuss the presentation opportunity with th employee and together come to a decision as to whether the employee would like to be recognized at th N BOCC meeting. If the employee chooses to be recognized at the BOCC meeting, the Department mus 7' coordinate with the Human Resources office regarding the appropriate award as outlined below, and with th 25 County Administrator's office to ensure that said recognition is placed on the meeting agenda. Wheneve possible, this presentation will take place at the BOCC meeting in the employee's location. The following wi be provided in a lump sum payment to the employee: a - For 5 years of service,a decorative pin and a $100.00 award; b - For 10 years of service,a decorative pin and a $175.00 award and recognition at the BOCC Meeting; c - For 15 years of service,a decorative pin and a $200.00 award and recognition at the BOCC Meeting; d CL, - For 20 years of service,a decorative pin and a $350.00 award and recognition at the BOCC Meeting; e - C For 25 years of service, a decorative pin and a $500.00 award and recognition at the BOCC Meeting; f- For 30 years of service,a decorative pin and a $1,000.00 award and recognition at the BOCC 2 0 Meeting; CL, g—For 35 years of service, an engraved Lucite desk clock and a $1,500.00 award and recognition at the BOCC meeting. c� C. EMPLOYEE SUGGESTION PROGRAM The employee suggestion program is designed to incentivize ideas by providing monetary awards to employees who provide suggestions. (See Monroe County Administrative Instruction Series 4010). Al] 27 Packet Pg. 2232 R 6.a employees are eligible to submit suggestions with the exception of the County Administrator, Assistant County Administrator(s), and the County Attorney. � c� 0 CL CL CL r. r®: r®: m 02 CL c� CL 4- 0 cv 2 CL CL e CD CL 28 Packet Pg. 2233 R 6.a CLASSIFICATION PLAN m SECTION 3 3.01 CLASSIFICATION PLAN A. SCOPE CL The Classification Plan provides for a systematic and equitable arrangement of job classes and CL provides for a complete inventoryof all Countypositions. The purpose of the plan is to group CL various positions into related classes based upon the range of duties,responsibilities and level of work performed. c r. r®: 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 to � employment,in determining the lines of promotion and developing training programs, as guidelines in 'U determining salary relationships and in providing uniform job terminology to convey the sam, c CL 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 a much advance notice of a change in their jobs as is practicable. The job descriptions are maintained by the Human Resources office and should be reviewed and updated annually, or whenever a chang, CL occurs in the duties of any position. Each job description will be approved by the Department Head, the Assistant County Administrator (if applicable), and the County Administrator. Each employee wi] receive a copy of his or her respective job description at the time of his or her employment, and an ' time there is a change in his or her job description. 3.02 POSITION AUDIT PROCEDURE N r The County Administrator is charged with the responsibility of initiating position audits of any or all Count 25 service positions at any time. Other position audits may be initiated by written request to the County Administrator from the Department Head or Assistant County Administrator in which the specific position i located, or the incumbent of the position to be audited. All requests must be approved by the Department Head and Assistant County Administrator. 2 Position information will be gained through completion of a Job Assessment Tool UAT) by the incumbent o , by the Supervisor of the position if the position is vacant, and through field studies of the position,which ma C include a personal visit with the position incumbent by a representative of the Human Resources office. Thl applicable Department Head and Assistant County Administrator should review and make recommendation -2 to the County Administrator through the Human Resources office on all proposed new positions, changes CL and position descriptions. 0 3.03 DETERMINATION OF CLASSES a. A. The Human Resources 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. 29 Packet Pg. 2234 R 6.a B. Whenever an employee's position is abolished under this section,said employee shall have first consideratioi 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 t( take any position in the County service, said employee shall be removed from preferential consideration. 3.04 ALLOCATION AND RECLASSIFICATION OF POSITIONS A. The Human Resources office, after having determined the content of the positions and having receive( the certification of funds and findings that the proposed class or classes are needed, shall propose new or CL revised classes of work as well as the abolition of existing or obsolete classes, to the County Administrator fo CL CL appropriate action. Recommendations for changes may be made by the Department Head,who must submit sufficient documentation for the change,including assurance(s) that the respective departmental budget contain sufficient funds. c r. B. An employee may be reclassified to a different title and/or pay grade at any time the County Administrato deems appropriate, after receiving good and sufficient documentation. A temporary reclassification does no constitute a promotion or demotion. A change in title and/or pay grade which results from an evolution int( a reduction of duties and/or responsibilities does not constitute a demotion. m 3.05 STATUS OF AN INCUMBENT IN A RECLASSIFIED POSITION 0 CL When the incumbent of a position, through diligent application of work, is officially assigned more difficul 6 and significant additional responsibilities and duties which are at a higher level exceeding the regular duties of his/her current classification or indicate that the current qualifications (key job requirements) are insufficien to accomplish the successful execution of the work program of the operation the Human Resources office CL shall perform a study of the present duties and responsibilities of the position. If it is determined afte recommendation by the Department Head, Assistant County Administrator and Human Resources that th position should be reclassified, the County Administrator may require that the incumbent undergo (� prescribed test of fitness, depending on the conditions of the reclassification and the nature of the position t( be reclassified before approval. A revised job description will be submitted by the Department Head fo approval by the Assistant County Administrator (if applicable) and the County Administrator which include the additional duties of the position. The incumbent's position reclassification is conditioned upon th, -' determination that the incumbent meets the minimum qualifications of the higher classification. An employe 25 reclassified in this manner will not serve an additional probationary period as a result of this reclassification. 3.06 POSITION CONTROL All positions are established and maintained through a budget each fiscal year in accordance with established budge and accounting procedures. The establishment of a new or additional position can only be based on adequat( CL, justification of need and the availability of funds. Such additions must be approved by the County Administrator an( the Board of County Commissioners. The provisions herein do not relate to the Pay Plan, but to position statuse created by need and necessity only. 2 0 CL The Department of Employee Services shall maintain a position control system in the office of Human Resources. 0 Important: CL All additions, revisions, reclassifications or other personnel actions having a financial impact on the Count shall be reviewed by the Human Resources office and the OMB Department and approved by the Count Administrator. 30 Packet Pg. 2235 R 6.a PAY PLAN SECTION 4 c� 4.01 PURPOSE U 0 The Pay Plan is designed to provide a fair and equitable method for payment of employees in the County CL service. It also establishes a set of rules and a uniform system of administration. CL CL 4.02 ESTABLISHMENT OF THE PAY PLAN 0 r. The Pay Plan shall be directly related to the Classification Plan and is the basis for payment of employees in R the County service. This plan shall be established with consideration being given to the following factors: -a A. Relative difficulty and responsibilities existing between various classes of work. r®: B. Prevailing wage scales, for similar types of work, found in public and private industry in the local labor � market. 0 CL C. Availability of qualified personnel. � D. Economic conditions found in the area. CL 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. N Department Heads may recommend to the County Administrator possible amendments to the Pay Plan by 25 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 2 The Board of County Commissioners must approve the County Administrator's recommended Plan of , Compensation and subsequent revisions for approval and adoption. 4.05 ADMINISTRATION 2 0 CL The Human Resources office, in conjunction with the OMB Department, shall have the responsibility for th day to day administration of the compensation plan. Approval of all hiring rates and other payroll change shall require approval of the County Administrator in accordance with these personnel policies, except tha matters with respect to compensation of staff and support personnel of the office of the County Attorne shall be set by the County Attorney, subject to budgetary approval of the Board of County Commissioners. 31 Packet Pg. 2236 R 6.a 4.06 APPLICATION OF THE PAY PLAN m 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. In no case shall an employee's salary exceed the maximum pay range of the pay grade of a position. Contract e positions may be an exception if the position does not have an assigned pay grade. U 0 4.07 STARTING RATES CL CL CL A. The minimum salary established for a position is considered the normal appointment rate for new employees. 0 N- B. Appointments below or above the minimum salary may be authorized in the following situations: r®: 1. In the event an applicant does not meet the minimum qualifications,but is expected to obtain sai( qualifications within 6 months, the hiring authority may request appointment as a "trainee". Ii such cases, the employee should be hired at an appropriate rate below the minimum starting salary. m 2. Occasionally, certain jobs may have to be paid more at the time of hire to attract and retain 'U_ competent employees. The prospective employee's starting salary should not exceed the current c CL salary of any employee with the same position who has comparable or greater qualifications. i. If the applicant's training, experience, education 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 written justification (Above Entry From "Enclosure 1 of Administrative Instruction 4705") that shows the prospective employee's education experience, and unique competencies are directly related to the position. The pay range of a] positions represents a 30 year employment period and recommendations for above entr level should take this into consideration when recommending salaries based on prior years o directly related experience. ii. The request shall be approved by the Department Head and be processed through the Human Resources office and the OMB Department for review and determination o compliance with the County policies and procedures and budgetary control. iii. The Human Resources office shall provide a monthly report to the Board of County Commissioners which shall reflect all newly hired employees who are employed above th, CL, entry salary. 4.08 SALARY RANGES,PROGRESSIONS,INCREASES . CL No salary adjustment shall be approved unless there is availability of funds, and must be justified in writing b the Department Head and approved by the County Administrator. All requests for salary increases shall b processed through the Human Resources office and the OMB Department for review and determination o compliance with the County policies and procedures and budgetary control. CL In most cases, completion of the Job Assessment Tool UAT�should be used to justify the increase. Anythin, not covered on the JAT should be further detailed in memo format by the department. 32 Packet Pg. 2237 R 6.a An employee may receive a salary increase by means of a promotion, reclassification,pay range adjustment,or equity adjustment. A. An employee reclassified, transferred or hired through promotional opportunity of one pay grade level or higher shall receive the greater of the minimum salary of the pay range or a 5% salary increase per higher level pay grade. An increase above 5% per higher level pay grade shall require justification (Above Entry Form "Enclosure 15 of Administrative Instruction 4705") in accordance with Section 4.07 B (2). In n( c) case shall the employee's salary be above the maximum pay range. CL B. Effective January 1, 2013, when an employee is permanently assigned significant additional CL CL duties/responsibilities not warranting a reclassification of his/her position but the new duties/responsibilities have a substantive impact on an employee's daily work life, are outside the normal scope, and require a new skill set, a salary increase may be warranted. The salary increase should b, 0 commensurate with the magnitude of the additional duties/responsibilities with consideration given to R change in key responsibilities, essential job functions, and number of employees supervised. A salar, increase is typically not warranted if duties are `exchanged' and the knowledge, skills and abilities require( to perform the new duties/responsibilities are similar to performing the removed tasks. r®: C. There are no provisions in the County Pay Plan for automatic salary advancements,as all increases are to m be based on availability of funds, work performance, and other pertinent factors as evaluated by the Z employee's Supervisor and/or Department Head, and approved by the Assistant County Administrato c CL and County Administrator. D. The Human Resources office shall provide a monthly report to the Board of County Commissioners which shall reflect all personnel actions resulting in a salary increase for all current employees. This CL report will exclude any cost of living/merit increases, etc. which are approved by the BOCC on an annual or contractual basis. E. Adjustments to salary may be granted to correct an equity problem. Adjustments must have the �-- appropriate support documentation that proves the inequity among those in similar county positions doing the same level of work and responsibility along with having comparable qualifications includin, N training, experience, and education. F. MERIT INCREASES 1. A merit increase is a salary increase within the same pay grade, awarded for outstanding County Service. 2 2. Merit increases are not automatic. CL, 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 = 0 of County Commissioners each fiscal year. All salary adjustments must be approved by the County CL. Administrator. 0 4. An employee shall be eligible for consideration for a merit increase during the budget preparation E period after completion of their initial probation period. CL Unless otherwise approved by the Board of County Commissioners each fiscal year, an employee will receive a Merit Increase on their Anniversary Date (see Section 4.09 C). 33 Packet Pg. 2238 R 6.a 5. New employees hired below the minimum rate would be eligible for consideration six months from the date they are adjusted into the minimum rate. 6. Once an employee has reached the maximum salary amount of the pay grade in which his or her position is classified, the merit increase will be awarded as a one-time lump sum payment on the employee's anniversary date (unless otherwise approved by the Board of County Commissioners each L fiscal year), unless said position is reclassified to a higher pay grade (See Section 3 regarding u 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. CL Failure to do so will result in appropriate disciplinary action. CL CL 7. The foregoing reflects the current procedure, however the County reserves the right to change or eliminate the procedure whenever necessary. c r. 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. G. COST OF LIVING INCREASES m 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 c CL County Commissioners. H. RECRUITMENT AND RETENTION INCREASES CL Retention SalaLy Increase This provision is intended to provide consideration of critical and/or unusual administration problems. A retention salary increase may be approved, at the County Administrator's sole discretion,in accordance with the following provisions: cv If the employee has received a documented bona fide job offer with an employer other than Monroe County BOCC and the retention increase is a counter offer to retain the employee in their current position (job offers 25 from other Monroe County BOCC offices,Property Appraiser, Clerk of the Circuit Court, Supervisor of Elections,Tax Collector, Sheriff or other office that reports to the Board of County Commissioners will not be deemed a bona fide job offer with an employer other than the County under this provision). It is not the intent of this policy to compete with the Monroe County Constitutional Offices. Under the provisions of this policy, these offices shall not be considered as an employer other than Monroe County BOCC.) A. Retention salary increase decisions are not grievable through the County's grievance procedure unless it is , alleged that such a decision was made based upon unlawful discrimination. B. To be eligible for retention increase consideration, the affected employee must: 1. currently be employed by the County in a career service status position; 0 2. have been continuously employed in their current position for at least one calendar year prior to CL, the date the bona fide job offer was made; 3. have received at least a"Meets Expectations" rating on their most recent performance evaluation, must currently be performing at an acceptable level,and shall not have been issued a written warning within the previous twelve (12) months; and CL 4. Shall not have received a total retention increase of the maximum (25%)within the past twenty- four (24) calendar months from the date the increase request is submitted to Human Resources. C. The County Administrator has sole authority to determine amount offered as a retention increase within the range of 0% to 25% of the affected employee's salary. The County Administrator may approve 34 Packet Pg. 2239 R 6.a retention increases as single or multiple salary adjustments;however,if multiple salary adjustments are made for one employee's retention increase, the total of those salary adjustments may not exceed 25% of the affected employee's salary prior to the first retention increase. D. The retention salary increase must not place the employee above the maximum for their current pay range. E. Retention increases recommended under this provision are subject to the availability of funds. c� Procedure: U 0 To request a retention increase, the respective Department Head shall submit a retention increase request package to CL his/her Assistant County Administrator (if applicable) and obtain his/her approval prior to submitting the request to CL CL the Human Resources Office. Increase request packages will include, at a minimum,the following documentation and shall be verified by the Human Resources office: 0 N- 1. A cover memo addressed to the County Administrator with the written recommendation approved by the department head and Assistant County Administrator (if applicable). 2. If the employee has another job offer: (a) Validity of the job offer,preferably a copy of the written job offer; (b) The respective office's independent verification of the job offer; 3. A detail of the training costs that Monroe County incurred on the employee's behalf over the past twenty-four m (24) months. The detail shall prove that losing the investment of training costs would be more of a loss than Z awarding the employee the recommended salary increase; c CL 4. summation of the employee's satisfactory job performance (that the employee has performed and continues to perform at least at a "Meets Expectations" level and that he/she has not been issued a written warning within the previous twelve months); 5. that the Department's recommended increase, if approved,would not place the employee above the CL maximum for their current pay range; 6. salary comparison of other employees within the department with similar job duties, qualifications and years of service; 7. recruitment and retention conditions in critical areas as may be demonstrated by (a) high turnover; (b) �-- declined job offers;or (c) copies of resignation letters from previous employees. 8. Importance of the position in relation to the Action Plans of the department. N The Human Resources office will review the request and make a recommendation to the County Administrator. Certification Incentive Salary Increase This provision is intended to provide an incentive for employees to obtain certifications beyond their current minimum job requirements which will enhance the knowledge in their current position and add value to the department as well as the County. CL, A. Certification incentive salary increase decisions are not grievable through the County's grievance procedure r_ unless it is alleged that such a decision was made based upon unlawful discrimination. In the case of a claim of a decision being based upon unlawful discrimination,the affected employee shall follow the procedures 0 outlined in Section 2.15 of the Personnel Policy. CL, B. To be eligible for a certification incentive salary increase consideration, the affected employee must: a. currently be employed by the County in a career service status position; b. have been continuously employed with the County for at least one calendar year prior to the date of registration of the certification; CL c. have received at least a "Meets Expectations" rating on their most recent performance evaluation, must currently be performing at an acceptable level,and may not have been issued a written warning within the previous twelve (12) months; and 35 Packet Pg. 2240 R 6.a d. not exceed two certifications per calendar year (renewal of a certification will not net any additional increase in pay). m C. An Employee must submit the completed Request for Certification Incentive Form to the immediate Department Head and Human Resources for approval prior to the employee enrolling in the course. D. $1,500,or dollar amount as stated in Administrative Instruction 4006 and 6402,will be added to the affected employee's salary. The incentive pay shall be divided and shall be paid 1/26`h per pay period. E. The certification incentive salary increase must not place the employee above the maximum of their current U pay range. In the event the employee reaches the maximum of their current pay range, $125 per month (1/26`h per pay period) for$1,500 incentive,or incentive amount divided by 12 months,will be added to the employee's salary. CL CL F. In the event the employee holding the certification has a personnel action which results in a reclassification, transfer,hire through promotional opportunity or if the employee receives any other type of salary increase in accordance with these personnel policies and procedures,the certification amount shall continue to be paid in 0 addition to the base salary for the position as long as that certification is not a requirement of the position and the certification continues to add to the value of the department as well as the County. G. Employees are solely responsible for keeping certifications active and obtaining re-certifications. In the event the certification lapses, the Department Head is responsible for completing the appropriate Personnel Action Form to remove incentive pay. Expired certifications will result in the salary increase for the incentive being removed from the employee's pay. H. Certification incentive salary increases recommended under this provision are subject to the availability of funds. c CL The Human Resources office will review the request and make a recommendation to the County Administrator. 0 c� Procedure: CL 4- 0 To request a certification incentive salary increase, the respective employee shall complete the Certification Incentive form and obtain approvals prior to registering in the certification course or program. a. The employee shall complete the form and submit it to the Department Head for their approval of the recommendation. cv b. The Employee Services Director will review the request and shall approve or deny the request. c. Human Resources will officially notify the employee of the approval (or denial). d. Upon satisfactory completion of the certification program, the employee shall provide sufficient proof to Human Resources. Human Resources will prepare and process the PAF form to be effective on the date of y certification. e. The department the employee works in will pay for the courses, books, tuition, testing and other related OW fees,including travel, associated with achieving the certification and recertification. Payment for all associated 2 costs to obtain the certification may be made in advance by the department or the employee will b, , reimbursed once he/she achieves the certification. Employees must complete the course within one yea from date of receiving any advance payment. If course is not completed within one year, the employee mus refund to the County the entire advance payment within one month. 2 0 CL The employee shall remain in the county for at least one (1) year after achieving the certification or any costs associated with the employee achieving the certification shall be refunded to the County and deducted from the employee's final paycheck. 4.09 DATE OF HIRE. PAYROLL CHANGES, ANNIVERSARY DATES & EMPLOYMENT STATUS CHANGES 36 Packet Pg. 2241 R 6.a A. DATE OF HIRE m The date an employee first begins work for the County shall be his/her date of hire, and shall be used in relation to the procedures governing fringe benefits and evaluations when applicable. Any 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. CJ B. CHANGES IN EMPLOYMENT STATUS CL A promotion can occur when an employee is moved from a position in one class to another position CL CL in a different class which has a higher maximum salary. 4- Any employee may be recommended for demotion by the Department Head with the approval of the 0 Assistant County Administrator (if applicable) and the County Administrator for cause. A demoted R employee may not be paid more than the maximum rate established for the new pay grade. An employee moved into another position in the same job classification or to a different position with U, the same pay range may not be eligible for a salary increase at the time of transfer. m C. ANNIVERSARY DATES 0 CL An employee's anniversary date is effective one year from a promotion, reclassification, or transfer which also resulted in an increase in salary. c� D. OTHER CL 4- 0 When a temporary employee attains the status of regular employee in the same position, hi anniversary date will be his date of hire for evaluation purposes. Leave accrual and benefits will b, ' implemented in accordance with current rules and regulations governing same. 4.10 TEMPORARY- HIGHER CLASSIFICATION N r Due to a vacancy of a budgeted position an employee may be assigned full-time to work in a higher classificatio 25 up to one year,unless otherwise determined by the County Administrator. An employee required to work in a higher classification 14 consecutive calendar days or less shall 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 :5 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) beginning on day 15. At the conclusion of the assignment,pay shall revert CL 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. 0 One or more employees may be temporarily assigned duties/responsibilities of a vacant budgeted position, CL, which have a substantive impact on an employee's daily work life, are outside the normal scope, and require a c new skill set. An employee assigned such duties/responsibilities for 14 consecutive calendar days or less shall be 0 required to do so at no increase in pay. If the employee(s) is required to work beyond this period, theCL 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 m g ,p � � / g p � � increase granted shall not affect the employee's eligibility for normal salary advancement. 37 Packet Pg. 2242 R 6.a 4.11 WAGES DUE DECEASED EMPLOYEE 2 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. 0 4.12 BUDGET LIMITATIONS a. 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 I- to the availability of funds. 4.13 COMPENSATION FOR EXECUTIVE ASSISTANT TO THE MAYOR When an employee becomes the mayor's aide, said employee will be awarded a 4% salary increase for the y length of time he/she holds the position of Executive Assistant to the mayor. Said employee will .� acknowledge by signature on form entitled "Monroe County Employment Agreement Executive Assistant to the Mayor" that he/she understands and agrees that this additional compensation will be withdrawn if and _ when the commissioner is no longer Mayor. 0 c� CL 4- 0 cv 2 CL CL e CD CL 38 Packet Pg. 2243 R 6.a HOURS OF WORK m SECTION 5 5.01 WORKDAYS AND WORKWEEK c� A. No County Department may operate on less than a 37 1/2 hour normal work week, nor more than a 40 U hour normal work week (exclusive of lunch breaks), unless authorized in advance in writing by the County Administrator. CL CL CL 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. 0 N- C. Effective May 1, 1991, all newly hired regular full-time employees will be required to work 40 hours pe R week unless the authorized job posting states otherwise, or unless otherwise determined by the Count Administrator. When an employee changes his or her position through the Promotional Opportunity systen he/she will be required to work forty (40) hours per week,unless otherwise posted. r®: 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 Z policies. CL E. Part-time employees are required to be present on their assigned jobs for the total number of hours for C which compensations are being received, unless absence from duty is authorized by the appropriate authority in accordance with these personnel policies. CL 4- 0 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 (e.g. four 10 hour days) are implemented at the discretion of the Department N Head for operations and sections that can utilize manpower and equipment in a more productive manner with the longer day. L Flextime Program—In departments where operations permit a flexible schedule,department heads may authorize a flexible schedule under the following provisions: 1. While maintaining sufficient staffing during normal office hours (defined as Monday — Friday, am through 5 pm, staff may choose the following: (1) Continue working normal working , hours; (2) work 4 ten hour days (no earlier than 7 a.m. —no later than 7 p.m.); (3) work 4 nine C hour days and one four hour day; (4)work 5 eight hour days and use only 1/2 hour for lunch and arrive a half-hour later or leave a half-hour earlier; or (5) such other arrangement as are mutually . agreeable with employee, supervisor,and Department Head. CL, 2. During weeks with holidays as detailed in Section 6 of Personnel Policies and Procedures (or as otherwise granted by the BOCC), the employee will be granted time for the holiday (if not worked) for what the employee would have normally worked for that day. 3. In situations where there are multiple requests for the same schedule that leaves the departmen CL understaffed, the schedules will be rotated on the basis of seniority with the most senior count employee getting their first choice for one month and the next most senior county employe getting their schedule of choice during month two and so forth. 39 Packet Pg. 2244 R 6.a 4. Immediate supervisor or Department Head has the right to cancel an employee's participation in the Flex Time Program due to hardship issues or abuse of the policy. 5.02 OVERTIME WORK FOR NON-EXEMPT,NON-EMERGENCY RESPONSE EMPLOYEES 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 0. CL or other appropriate authority as stated in Administrative Instruction 4716 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. c r. 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. U 0 CL 4. Employees who use vacation time, sick time, or when a holiday is during a work week,will be paid at their straight time rate of pay for all hours physically worked in excess of forty (40) hours in a work week. Hours physically worked in excess of forty (40) hours in a work week will be paid or e the employee will be granted compensatory time at one and one-half times their regular rate of pay. C WL 4- 0 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 25 worked; c. Compensatory time may be "banked"; however, the maximum balance is 240 hours. When an employee has accrued the maximum of 240 hours compensatory time, any additional overtime hours worked {i.e., over forty (40)1 will automatically be paid at the time and one- uo half rate; CL, 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 -2 0 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. c� e. Upon termination of employment, an employee will be paid for all unused authorized CL compensatory time at a rate of compensation not less than: (1) the average regular rate received by the employee during the last three years, or 40 Packet Pg. 2245 R 6.a (ii) the final regular rate received by the employee,whichever is higher. m 5.03 OVERTIME WORK FOR EMERGENCY RESPONSE EMPLOYEES Overtime for Firefighters is outlined in the negotiated IAFF Union Contract. c� 5.04 OVERTIME WORK FOR EXEMPT EMPLOYEES U 0 It is the general policy of Monroe County not to compensate for overtime those employees classified as ' CL exempt', from the Fair Labor Standards Act. However, an Assistant County Administrator or Department CL CL Head designated by the County Administrator 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. c r. r®: 5.05 MEAL AND REST PERIODS A. Employees classified as regular full time will receive a total of one hour for meal/rest period per work shift, U, the time and sequence of which will be determined by the Supervisor and approved by the Department Head. R If it is necessary for the non-exempt employee to work without a meal/rest period he/she will be otherwise compensated for that time. All other employees will receive meal or rest periods in an amount and time Z deemed appropriate by their Supervisor. c CL 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. e CD CL B. Nursing Mothers Section 7(r) of the Fair Labor Standards Act as amended by the Patient Protection Affordable Care Act: For up to one year after the child's birth, nursing mothers will have a reasonable break time to express breast milk for a nursing child and be provided a place, other than a bathroom, that is shielded from view and intrusion from the public,which may be used to express milk. cv 2 CL CL c� CL 41 Packet Pg. 2246 R 6.a HOLIDAYS SECTION 6 6.01 OFFICIAL HOLIDAYS With the exception of"A" below, 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 public: CL CL CL **New Year's Day Labor Day Presidents Day Columbus Day Martin Luther King's Birthday Veterans Day c r. Good Friday Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day *Christmas Day r®: * In years when December 25`h (Christmas Day holiday) falls on a Tuesday,Wednesday,Thursday, or Friday � the County shall also observe December 24`h (Christmas Eve) as a holiday. CL **In years when Taman 15S (New Year's Day holiday) falls on a Tuesday, Wednesday, Thursday, or Friday, the County shall also observe '/2 day on December 31" (New Year's Eve) as a holiday. e 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. A. Guardian Ad Litem— Official Holidays �-- The positions of Case Coordinator and Paralegal Litigation shall observe the following holidays: cv New Year's Day Labor Day Christmas Eve Columbus Day Martin Luther King's Birthday Veterans Day Good Friday Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day Christmas Day 2 State Attorney— Official Holiday CL, The position of Sr. Systems Analyst shall observe the following holidays: New Year's Day Labor Day 2 0 Martin Luther King's Birthday Veterans Day CL, Memorial Day Thanksgiving Day Independence Day Thanksgiving Friday Christmas Day CL Public Defender— Official Holidays The positions of Hearing Reporter,Sr. Systems Analyst, and Indigence Examiner shall observe the following holidays: 42 Packet Pg. 2247 R 6.a New Year's Day Labor Day Martin Luther King's Birthday Veterans Day Memorial Day Thanksgiving Day ' Independence Day Thanksgiving Friday Christmas Day c� 0 CL CL CL r. r®: r®: m 02 CL e CD CL - CL cv c 0 CL e CD CL 43 Packet Pg. 2248 R 6.a 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. E 6.03 WORK DURING HOLIDAYS CL Each employee shall observe all holidays designated in this Section, provided that the work load of th CL 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. 0 r. 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 performed on the holiday, a cc determined by the Department Head. r®: 6.04 HOLIDAYS FALLING ON WEEKENDS OR WHEN COUNTY FACILITIES ARE NORMALLY CLOSED 0 0. 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 cc be observed as a holiday. CL 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. For County facilities normally closed on Sundays and Mondays,when a holiday falls on a Sunday or Monday, �-- those facilities will observe the holiday on the following Tuesday. ' cv 6.05 HOLIDAY DURING PAID LEAVE Employees on annual or sick leave during periods when designated holidays occur, shall not have the day of cc the holiday charged against their accrued leave. y 6.06 OBSERVANCE OF RELIGIOUS HOLIDAYS 2 Employees who choose to observe other "holidays" for religious or other reasons must do so by utilizing CL annual leave pursuant to Section 7. 0 CL e CD CL 44 Packet Pg. 2249 R 6.a LEAVE WITH PAY m SECTION 7 7.01 ANNUAL LEAVE A. ELIGIBILITY 0 All salaried employees with regular status working 20 hours or more per week shall earn and accrue 0. annual leave with pay. Hourly employees will not accrue annual leave. B. ACCRUAL c r. r®: Annual leave for regular,employees shall be earned in accordance with the following table: Years of Hours of Leave Earned Hours of Leave Earned Continuous During Each Calendar During Each Calendar Service Month Month 2 40 HPW 37 1/2 HPW c 1 through 3 years 4 hours per bi-weekly 3.75 hours per bi-weekly pay period pay period (13 working days per year) (13 working days per year) CL 4 through 10 years 5 hours per bi-weekly 4.75 hours per bi-weekly pay period pay period (16 1/4 working days per (16.5 working days per year) year) �-- 11 through 15 years 6 hours per bi-weekly 5.75 hours per bi-weekly pay period pay period (19 1/2 working days per (19.9 working days per year) year) 16 through termination of employment 7 hours per bi-weekly 6.75 hours per bi weekly pay period pay period (22 3/4 working days per (23.4 working days per year) CL year) Monroe County currently has a bi-weekly pay period system commencing at 12:00 a.m. Sunday, '2 ending two Saturdays later at 11:59 p.m. There are 26 pay periods per year. CL, 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. e CL 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. 45 Packet Pg. 2250 R 6.a 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. � C. 1. Annual leave may be used on a payday -to- payday basis as it is earned according to scheduling requirement and may be accumulated up to 60 working days with a maximum of 480 hours. Any time earned in excess of thi amount as of April 1" of each year will be lost. Individual employees are responsible for monitoring their owl e leave balance. U 0 For example: CL Average Hours worked per week Hours worked per day Maximum hours accrual CL CL 40 8 480 37.5 7.5 450 30 6 360 0 25 5 300 24 4.8 288 20 4 240 D. 1. All annual leave must be approved in advance by the applicable Department Head or the Assistant County r,: Admini stator/County Administrator depending on the position held by the requesting employee. The employee m shall fill out his Leave Request Form and submit it to the Department Head, who has the right to den, employee's request for annual leave, if granting such leave at that time would be detrimental to County C 0L operations. Upon such denial, the employee may request the leave at another time. 0 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 4 seven (7) days of receipt of the request,unless a valid reason is given to the employee for the delay. c E. 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. Upon enrollment into DROP, all vacation time will be paid to the employee upon completion of the appropriate payroll forms (Approved by BOCC June 10, 1998). F. RESTRICTIONS Annual leave may be used for any purpose; however,it is a privilege incident to County service and is not a right P and may only be used by the employee if taken prior to termination for cause or in accordance with these policies -6 with the following restrictions: 2 1. Annual leave may not be taken until accrued in accordance with these rules. CL 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. 0 CL 3. Section 11.01-Resignations. m 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. 46 Packet Pg. 2251 R 6.a 7.02 SICK LEAVE A. ELIGIBILITY All salaried employees with regular status working 20 hours or more per week shall have the privilege e of accruing sick leave in accordance with these policies. Hourly employees will not accrue sick leave. U 0 Employees shall not be eligible to use sick leave until they have been in the County service for 90 days, CL unless recommended by the Department Head and approved by the Assistant County Administrator rL CL or County Administrator. Verification of illness by a physician may be required. � 0 N- B. ACCRUAL OF SICK LEAVE 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. m 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. c CL When there has been a break in service of 48 hours or more, the employee upon reinstatement or re- employment 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. 0 C. USE OF SICK LEAVE 1. Sick leave shall be used only with the approval of the applicable Department Head or the Assistant County Administrator/County Administrator depending on the position held by the requesting TE employee, and shall not be authorized prior to the time it is earned and credited to the employee N except in cases of prearranged medical appointments, surgery or other health-related matters. 2. Sick leave shall be authorized only in the event o£ a. The employee's personal illness, injury or exposure to a contagious disease which would endanger others. 2 b. Illness or injury of a husband,wife, domestic partner, father,mother,legal guardian, son or , daughter (including adopted or foster child). c. The employee's personal appointments with a practitioner when it is not possible to arrange . such appointments for off-duty hours, but not to exceed the extent of time required to CL, complete such appointments. 0 d. Prearranged surgery or other health-related matters. CL D. Monroe County has established a Sick Leave 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). 47 Packet Pg. 2252 R 6.a 7.03 MEDICAL JUSTIFICATION m 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. c� Employees must meet the following conditions in order to be granted sick leave with pay: U 0 (1) Notify his/her immediate Supervisor as soon as the employee learns that he/she will be unable to CL report to work in accordance with individual department policy. The employee shall can in to his/her CL immediate Supervisor at least one (1) time on each consecutive shift thereafter, that the employee will � miss work because of sick leave. 0 N- (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. � .2 The Department Head is responsible for following up on sick leave use and for ensuring that there is no sick c CL 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 cc 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 rL 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 TE require the employee to take such leave without pay as is medically determined sufficient to restore him to N 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 y physically or mentally 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. � 2 7.04 NOTIFICATION OF ABSENCE CL, (SEE 7.03 A) 0 If absent for three consecutive work days without reporting to the Supervisor a reason sufficient to justify the CL, 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. CL 7.05 FUNERAUBEREAVEMENT LEAVE E 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. Additional time off (over and above the 48 Packet Pg. 2253 R 6.a two working days herein provided) may be approved by the Department Head, and charged to sick or annua leave. Additionally, the County may require proof of death of a family member before making payment to >, leave. The immediate family shall be construed to mean one of the following: Husband,Wife, father, mother, son, daughter, sister, brother, uncle, aunt, first cousin, nephew, niece, domestic partner, domestic partner's fathe , and mother, legal guardian, grandparent or in-laws father-in-law, mother-in-law, son-in-law, daughter-in-law, E brother-in-law, sister-in-law, stepfather,stepmother,stepson, stepdaughter,stepbrother,stepsister,half-brother u half-sister. 7.06 HOLIDAYS DURING SICK LEAVE a. Holidays occurring while an employee is on sick leave shall not be charged against the employee's sick leave balance. c r. r®: 7.07 PAYMENT OF UNUSED SICK LEAVE A. An employee who terminates with less than five (5) Nears continuous service shall not be paid for any unused sick leave credits. r®: m B. Employees with varying Nears of continuous service shall, upon separation, from the Countyin good Z standing, death or retirement,receive incentive sick leave pay as follows: c CL 5 to 10 Nears of service - 1/4 of all accrued sick leave,with a maximum of 30 days. 0 c� 10 to 15 Nears of service - 1/2 of all accrued sick leave,with a maximum of 90 days. CL 4- 0 15 Nears or more - 1/2 of all accrued sick leave,with a maximum of 120 days. C. 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. cv D. 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 m 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 uO organization. CL 0 CL c� CL 49 Packet Pg. 2254 R 6.a LEAVE OF ABSENCE m 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 o civil action arising from his or her county employment shall be granted time off with pay for the time R actually spent on jury duty or in the court appearance. Fees paid by the court will be retained by th, employee unless otherwise determined by the County Administrator. As conditions precedent t( receiving time off with pay for jury duty or court appearance of the aforesaid nature,the employee must r®: a. Notify his/her Department Head of the summons or subpoena immediately upon receipt, � produce the summons or subpoena to his/her Department Head upon request, and provide Z the Department Head with an estimate of the duration of the absence; c CL b. Report to the Department Head immediately upon the conclusion or continuance of such jury duty or court appearance; e CD CL 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 dut 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 N 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 of the shift. 3. The County, in its discretion, may reschedule the working hours and days of work of an employe, (n 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 i not feasible or practical to schedule the employee's hours of work around such, the County shall gran the employee time off with pay for the time actually spent on jury duty or in the court appearance. A C conditions precedent to receiving time off with pay for jury duty or court appearance of the aforesai( nature, the employee must abide by the provisions contained above in Section 8.01 A-1, (a) and (b). 2 0 CL 4. If any employee is subpoenaed as a witness other than in the specific circumstances describe( above, the County will grant the employee leave without pay to the extent that the Department Head so approves. CL 5. Notwithstanding any of the provisions of Section 8.01-A above, no employee shall receive pa. from the County where the employee is a plaintiff, claimant, or witness against the County in a matte contrary to the County's interests. 50 Packet Pg. 2255 R 6.a 6. Any employee subpoenaed or otherwise requested to be a participant in any legal matter related tc � County business must inform the County Attorney's office as soon as possible after receiving saic 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 CL Head to have a maximum of two hours of leave with pay for this purpose. An employee shall not be CL CL granted administrative leave to work at the polls during elections. C. MEETINGS c In cases where it is deemed by the Department Head to be beneficial to the County, an employee ma 'a be granted leave with pay to attend such professional meetings (See Section 2.10) or conferences a may contribute to the effectiveness of his employment (See Section 15 - Travel - for reimbursemen procedures). r®: m D. EXAMINATIONS 0 CL An employee may be granted leave with pay while taking examinations before a Federal, State or 6 County agency, provided such examinations are pertinent to his County employment, if approved by the Department Head. CL E. MILITARY LEAVE— In accordance with F.S. 115 0 W 1. MilitaLy Training - Employees who are reserve enlisted personnel in the United States military CU 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 any one annual period (beginning October 1 and ending September 30 of the following Near). N Additional time shall be without pay and shall be granted without loss of time or efficiency rating. 1 The employee will not be required to use annual leave or similar leave (comp time) in lieu of 25 LWOP. Does not include Armory Drills or Multiple Training Assemblies. 2. MilitaLy 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 uo absent from duty on account of sickness,wounds,leave,or other lawful cause. CL 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 CL, occur first. 0 Military earnings will be retained by the employee. CL 3. Examinations for MilitaLy 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. 51 Packet Pg. 2256 R 6.a 4. Re-employment— National Guard Members —A member of the National Guard who returns t( work after serving on state active duty will maintain seniority and other benefits as outlined in F.8 250.482. F. USERRA — Uniformed Service Employment and Reemployment Rights Acts of 1994. Does not apply to ,W "state"nailita-y duty orgovernor call-ups of National Guard Menabeix. Please refer to `E"above for leave policy. In addition to "E" above: CL USERRA covers employees who are: CL CL 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 retire( 10 members and applicants for future service with a uniformed service. r®: USERRA does not include temporary employees unless employment is for a brief period with n( reasonable expectation of continuance for a significant period of time. r®: USERRA covers voluntary and involuntary. .2 For purposes of military leave covered by USERRA — "Service" is defined as: Active duty, active c duty for training,initial active duty for training,inactive duty training, full-time National Guard duty, absence for examination to determine fitness for any of the above forms of duty and funeral honor duty by National Guard or Reserve. CL Employees will receive up to 5 years military leave of absence (which includes reemployment rights; Types of service that do not count against an employee's five-year maximum includes: Inactiv duty training (drills), annual training, involuntary recall to or retention on active duty, voluntary o involuntary active duty in support of war, national emergency, certain operational missions, o additional training requirements determined and certified in writing by the Service Secretary, an( considered to be necessary for professional development or for completion of skill training o N retraining. Certain specific exceptions will continue to protect beyond the five-year time period: Service require( to complete an initial period of obligated service: Six-year active duty stint as an enlistee with the U.S. Navy's nuclear power program; Service from which a person, through no fault of the person, is unable to obtain a release within the five-year limit; Required training for reservists and 0W National Guardsmen; Service under an involuntary order to, or to be retained on, active duty during domestic emergency or national security related situations; Service under an order to, or to remain , on, active duty (other than for training) because of a war or national emergency declared by th President or Congress; Active duty (other than for training) by volunteers supporting "operations missions" for which selected reservists have been ordered to active duty without their consent;Serv1G ''2 by volunteers who are ordered to active duty in support of a critical mission or requirement in time , other than war or national emergency and when no involuntary call-up is in effect; and Federo service by members of the National Guard called into action by the President to suppress a] insurrection,repel an invasion, or to execute the laws of the United States. CL 1. BENEFITS WHILE ON LEAVE—Beginning on the 31"day and beyond, there will be no health insurance coverage. Employees will be offered coverage under COBRA. 52 Packet Pg. 2257 R 6.a 2. RE-EMPLOYMENT (NElitary time served must be satisfactory. Must not be `less than honorable conditions".) A returning employee's notification of intent to return to work must be made promptly following completion of military service. c� Service of I —30 days: the beginning of the next regularly scheduled work period on the first "Ur- full day following completion of service and expiration of an 8-hour rest period following safe transportation home. CL CL CL Service 31-180 days: application for reinstatement must be submitted no later than 14 days after completion of military duty. 0 r. Service of 181 or more days: application for reinstatement must be submitted no later than R 90 days after completion of military duty. The deadline for reinstatement may be extended for employees who are convalescing due to a disability incurred during service. m The employee must report back to work as soon as possible. Failure to report (unless through no `5 fault of the employee)will be handled in accordance with the County's policies. c CL Returning employee's pension plan accruals and vesting will continue as though no break in E service had occurred except in limited situations (regarding health benefits as defined under the Act). CL 4- 0 Upon re-employment, the employee has 3 times the length of service (not to exceed 5 years) tc make payments to any contributory plan and the County will fund any resulting obligation of th, 'm plan within the same time). �-- When re-employed, the health insurance coverage will start from day 1 and there will be no N waiting period. s G. ADMINISTRATIVE LEAVE FOR RE-EXAMINATION OR TREATMENT BY VETERANS ADMINISTRATION WITH RESPECT TO SERVICE-CONNECTED DISABILITY — In accordancc with F.S. 110-119. ' Any employee of the County who has been rated by the Veterans Administration to have incurred a pu service-connected disability and has been scheduled by the Veterans Administration to be re-examined CL or treated for the disability shall be granted administrative leave for such examination or treatment without loss of pay or 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 .2 0 in advance as possible. , H. BLOOD DRIVES Employees will be granted leave with pay to donate blood during the County's organized Blood CL Drives. 53 Packet Pg. 2258 R 6.a I. EMERGENCY RESPONSE VOLUNTEERS m 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 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 the time of employment interview or if already employed by the County, upon becoming a CL member of such a Team. Failure to do so could result in disciplinary action. CL CL J. MENTORING PROGRAM 0 Pursuant to Resolution 100-2000, county employees may mentor a child in the Monroe County Schoc District for up to one hour per week (not to exceed five hours per calendar month). Leave will b granted after taking into consideration the impact on such leave on the employee's work unit. If aj employee is granted administrative leave under this section and does not use the administrative lean as authorized in this section,the employee shall not accrue or be paid for such unused leave. m 8.02 DISABILITY LEAVE -WORKERS COMPENSATION 0 CL A. ELIGIBILITY 6 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 rWL 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. cv 2. Service-Connected Disability- A physical condition, resulting from accident or injury in the line of 25 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 UO 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. 0 Disability determination shall be made based on: CL 1. All facts in the service history of the case. 2. The findings of the medical examiner assigned by the Workers Compensation carrier. 54 Packet Pg. 2259 R 6.a 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 e presumption exists as a matter of law. U 0 6 Any condition which is self-inflicted or caused by another person for reasons personal to CL the employee and not because of his employment shall not be considered as disability under CL CL this provision. D. WORKERS COMPENSATION CLAIMS c r. 1. It is the responsibility of the employee to report any and all job related injuries to his or he 'a immediate Supervisor as soon after the injury occurs as possible. All Notice of Injury must b, m reported to Worker's Compensation office. r®: It is the responsibility of the Supervisor to file a Notice of Injury Form and Supervisor's m Report with the Employee Benefits Section, as soon as possible. A fine of $500 will be Z assessed against the County by the State of Florida for a claim that is not filed on a timel c CL basis. The Notice of Injury Form must be complete. 2. An employee who sustains a job-related injury resulting in disability that is compensabl, under the Workers Compensation Law, Chapter 440, Florida Statutes, shall have a seven (7) calendar day waiting period before Workers Compensation Benefit payments begin. During this waiting period, an employee may elect to use sick leave, annual leave, or documentec compensatory time to receive normal salary. 3. Time spent obtaining medical treatment after seven (7) day waiting period related to th, TE workers compensation injury will be paid for by the employing department and will not be N charged against the employee's sick, annual or other accrued hours. The employee shall ru obtain the "Authorization for Treatment Evaluation" form from the Worker's Compensation Office and have the physician complete and forward to the workers' compensation office so that the employee not be charged sick/annual hours. 4. If disability continues into the eight (8th) calendar day, normal Workers Compensatiol payments would begin at a rate of 66 2/3% of the employees gross salary, computed on their average weekly wage for 13 weeks prior to the date of injury, in accordance with the Workers , Compensation Law. 5. If disability continues into the twenty-first (21 st) calendar day, the employee will receive 0 Workers Compensation benefits retroactive to the date of injury, at the same rate discussed in , #2, in accordance with the Workers Compensation Law. Any sick leave, annual leave, or compensatory time used by the employee for this seven (7) day period will be replaced on th( books,based percentage wise on Workers Compensation Benefits paid. CL 6. After seven (7) calendar days, the disabled employee will continue to receive Workers Compensation benefit payments every two weeks until their physician releases them to returt to work. 55 Packet Pg. 2260 R 6.a 7. If requested by the employee, a review of the case will be made by a committee compose( of a representative of the Human Resources and/or Employee Benefits offices and th, employee's Department Head, and a written recommendation may be made to the Count- Administrator that the employee be allowed to use annual leave, sick leave and/or approve( compensatory time in an amount necessary to receive a salary amount that will supplemen , their Workers Compensation payments up to the total net salary received prior to th, disability. In no case shall the employee's salary and Workers Compensation benefit "Ur- combined exceed the amount of their regular salary payments. CL If the Workers Compensation absence is designated as FMLA leave, the employee will not b CL allowed to use annual leave, sick leave and/or approved compensatory time to supplement leave,in accordance with Department of Labor rules. 0 N- 8. The disabled employee will continue to accrue both sick leave and annual leave during th( R 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. m 10. When an employee on Workers Compensation can no longer perform his/her normal )ol ;U duties, he/she may be separated from employment,if approved by the County Administrator, c CL 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 0 A. PREGNANCY 1. An employee who knows in advance that he/she intends to request Maternity or Child Care lean 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 N Request" form (see Section 8.05) 2. An employee whose duties may be considered hazardous enough to cause the employee to becom, medically disabled anytime during the pregnancy will be required to furnish medical evidence of her y 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 employee 2 3. A pregnant employee may continue her employment as long as she is able to properly perform th, , required duties of the job, and these duties are stated in writing by her physician to be non-hazardou to the employee and the unborn infant. 0 B. MATERNITY LEAVE CL, 1. Disabilities arising out of pregnancy, childbirth and recovery there from, shall be treated the sam, as other temporary,non-job-connected disabilities in terms of eligibility for use of sick leave, annm leave, or leave of absence. CL 2. A regular employee who has completed the standard probationary period may request a maternit leave of absence without pay for childbirth, recovery and child-rearing following birth of up to si: (6) months after all accrued sick and annual leave has been used. Such approval is subject t( 55 Packet Pg. 2261 R 6.a scheduling and work load requirements. The County reserves the right to require employee(s) tc return to work when it is no longer medically necessary to be away from their job,if work load an( 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 who may approve the length of said leave based on workload, scheduling and the employee's physical ability to return to work. 0 4. An employee approved for maternity leave shall be eligible to return to work at any time during the CL leave of absence upon presentation of medical certification indicating that she is able to satisfactorily perform her original duties. 0 5. An employee returning from an approved maternity leave of absence shall resume her duties in th, C' 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 considere( Uj to have abandoned her position and shall be terminated from the County Service, unless proper 6 resignation procedures are followed. y m .2 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). c CL 8.04 LEAVE OF ABSENCE WITHOUT PAY - 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 his/her 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 Department Head , may approve an extension of such leave if an individual case is justified and approved by the County Administrator. c B. PERSONAL LEAVE 1. If recommended by the Department Head, 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 .2 previous paragraphs for a period not exceeding six (6) months; provided the County Administrator CL c deems such leave to be justified,and not detrimental to the operations of the Department. 0 C. SCHEDULING AND APPROVAL OF LEAVE OF ABSENCE WITHOUT PAY e CD 1. 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 E will submit the approval form to the Assistant County Administrator/County Administrator for U approval. A completed copy of the Leave Request Form will be forwarded to the Payroll 56 Packet Pg. 2262 R 6.a Department along with the Employee's Time Sheet whenever possible and a copy placed in the employee's official personnel file. m 2. Leave without pay is not intended as a convenience for the employee but rather to help the employee in cases where an emergency exists after all available time has been used. In cases of OC short term absences (except as noted in 8.04 A & B) where the employee has no leave available, such leaves may be processed without the prior approval of the County Administrator. 0 D. LEAVE OF ABSENCE- GENERAL PROVISIONS 2 a. CL 1. RETURN FROM LEAVE OF ABSENCE m 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 r` there is such a vacant and budgeted position available. 2. EFFECTIVE DATE Leave of absence shall be effective the first date of approved absence and shall continue y through the last date of approved absence. 0 3. LIMITATIONS 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. °' CL 4- 0 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 TN- 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 1. The County will continue to maintain group insurance benefits for employees while on approve( paid leave status. CL 2. Employee Coverage - In most cases the County will not maintain Group/Health insurance benefit for employees on leave without pay status, except in the case of debilitating/catastrophic illness, of the a(-' employee or member of the immediate family for which the care of that family member is the C 6L responsibility of the employee. In accordance with 8.04 (C), the Department Head or Assistant 0 County Administrator shall approve the absence and communicate with the Employee Benefits Committee. The Employee Benefits Committee is comprised of the County Administrator, th E Employee Services Director and the Administrator, Benefits. The Committee will review each cas to determine whether employee coverage should be maintained as verified by a physician, up to six (6 months. Employees covered under the Family and Medical Leave Act will be granted up to 12 week m of insurance benefits as stated in Section 8.05. 57 Packet Pg. 2263 R 6.a During the period of leave without pay, said employees must continue to make monthly premiun payments for themselves in accordance with their bi-weekly payroll payment schedule in order t( continue health insurance coverage. Failure to make payment(s) on a timely basis will result i] termination of coverage. 3. Dependent Coverage - Monroe County employees elect dependent coverage under a group plan a U 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 tc CL receive a paycheck in an amount sufficient to deduct said premium, that employee is responsible for CL CL making the premium payments to the Employee Benefits Section in accordance with their paymen schedule. As long as an employee is in good standing, as in the case of approved leave without pay status, he or she may make premium payments and coverage will remain in effect. Failure to mak, 0 payments on a timely basis will result in termination of coverage. r®: 4. Extension of Group Insurance benefits will be awarded in accordance with the Consolidate( Omnibus Budget Reconciliation Act (COBRA), effective October 1, 1986. Information regarding thi U, Act is available in the Employee Benefits Section. m 8.05 FAMILY AND MEDICAL LEAVE OF ABSENCE (FMLAI (FAMILY AND MEDICAL LEAVE ACT OF '6 1993. 6 a. 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 per calendar year (January — December) (#1, 2, 3, and 5) or a combined total of 26 weeks of leave (for#4) during the calendar year to care for: CL 0 I)- The employee's newborn child or child placed with the employee for adoption o foster care (leave must conclude within 12 months of placement and may be taken b. either parent); 2)-The employee's spouse, child or parent with a serious health condition, or 3)-An employee's own serious health condition. 4)-For the spouse,child, parent, or next of kin of a member of the Armed Forces, including a member of the National Guard or Reserves,who is undergoing medical treatment,recuperation,or therapy,is otherwise in outpatient status,or is otherwise on (U the temporary disability retired list, for serious injury or illness. 5)-For the spouse, child, or parent,is on active duty,or because of notification of an impending call or order to active duty in support of a contingency operation. 2 If the employee is requesting FMLA qualifying leave, all accrued sick and annual leave must be taken first. Paid lean , so taken will be counted against the employee's total FMLA leave entitlement. The employee will be notified tha r- paid leave will be counted as FMLA leave within five (5) business days of making that determination. The notio will be confirmed in writing to the employee on or before the following payday. 2 0 A. ELIGIBILITY 0 To be eligible,an individual must have been employed at Monroe County: - For at least 12 months, and CL - For at least 1,250 hours of service during the 12 month period immediately preceding the leave. 58 Packet Pg. 2264 R 6.a Subsequent eligibility will be determined by looking back to the beginning of that calendar year from the first day of new FMLA leave period which is requested by the employee. FMLA leave may not exceed twelve weeks during th, calendar year or a combined total of 26 weeks. An eligible employee shall be entitled to a combined total of 26 worl weeks of leave for family, medical and/or service member leave. Husbands and wives working for the same employe are only granted a combined 12 weeks of leave; however, both spouses may each take 12 weeks to care for a chilc , with a serious health condition. The determination of whether an employee meets the minimum service and hour requirements of the FMLA must b, made by Monroe County as of the date the leave commences, and Monroe County will advise the employee whether CL he or she is eligible with five (5) business days after making a determination of eligibility. CL CL B. PROCEDURES 0 A"Request for Family and Medical Leave of Absence" form should be completed by the employee as part of the notio R and reporting requirements. The employee shall notify the Department Supervisor of the need for leave either verball 'a or by completing the FMLA form. (In any event, the employee shall fill out a Leave Request Form in accordano with the County's Policies and Procedures in order to request leave.) After completing the form in detail and signin tll it, the employee or Supervisor must submit it to Human Resources for approval. Notification shall be given at leas thirty (30) days in advance of the effective date of the requested leave if the need for leave is foreseeable. .2 The "Certification of Health Care Provider" form must be completed and signed by the health care provider. Failur, c CL to have the form completed may result in a delay for the approval of leave. C. BASIC REGULATIONS AND CONDITIONS OF LEAVE CL 1. Monroe County will require the employee to fill out a request for Family and Medical Leave of Absence form tha included the "Certification of Health Care Provider" form supporting the need for leave due to a serious healtl condition affecting the employee or employee's spouse, child, or parent or next of kin in the case of service membe family leave. 2. Monroe County may, at its own expense, require a second medical opinion and periodic re-certification. If th N 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 FMLA leave i y for both birth and care or placement for adoption or foster care,use of intermittent leave is subject to approval. 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 o twelve weeks of Family Leave or a combined total of 26 weeks for service member leave. 2 0 CL 5. Employees requesting FMLA qualifying leave will be required to substitute paid vacation and sick leave for all o party of any (otherwise) unpaid FMLA leave. c� 6. While on any unpaid part of an FMLA qualifying leave, no time will be accrued by the employee. Upon return tc CL work,leave will accrue based upon established policy. 59 Packet Pg. 2265 R 6.a D. DESIGNATION OF LEAVE m 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 his/her leave will be designated as FMLA leave within five (5) business days. The notification to 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 CL employee's 12-week FMLA entitlement as stated above. If it is found that the absence does not qualify under the CL FMLA,Monroe County will withdraw the designation with written notice to the employee. E. EMPLOYEE NOTICE AND REPORTING REQUIREMENTS c 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. 0 CL 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. e 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 the 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 th, N same conditions that existed while he or she was working. The employee must pay his/her individual premium and dependent coverage premium for any unpaid leave. Payment for the individual and dependent coverage must b, 25 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 employe can be required to reimburse Monroe County for health insurance premiums paid to continue the employee's health uo coverage during FMLA leave, unless the employee is unable to return to work due to a continuation, recurrence, o , onset of a serious health condition that would entitle the employee to FMLA leave or other circumstances beyond th, r- employee's control. 0 Questions regarding the FMLA should be addressed to the Human Resources office. , 8.06 DOMESTIC OR SEXUAL VIOLENCE LEAVE Definitions: "Domestic Violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. 60 Packet Pg. 2266 R 6.a "Sexual Violence" is sexual battery, or lewd or lascivious acts committed on, or in the presence, of, someone unde the age of 16; or luring or enticing a child; or sexual performance by a child; or any other forcible felony involving sexual act,regardless of whether criminal charges were filed,reduced or dismissed. Employees are permitted to request and take leave in connection with domestic or sexual violence unde , certain circumstances. This applies to employees who have been employed for 3 or more months. Eligible employees can take up to 3 working days of leave in any 12 month period if the employee, or family or household member of the employee,is the victim of domestic or sexual violence. Employees shall use annual CL or sick leave when available to cover this leave. This leave applies if the employee is: CL CL -Seeking an injunction for protection against domestic violence or an injunction for protection in cases o repeated violence, dating violence or sexual violence; c r. -Obtaining medical care or mental health counseling,or both, for the employee or family or household membe 'a to address physical or psychological injuries resulting from the act of domestic or sexual violence; -Obtaining the services from a victim-services organization, including, but not limited to, a domestic or sexuo violence shelter or program or a rape crises center as a result of a domestic or sexual violence act; .2 -Making the employee's home secure from the perpetrator of the domestic or sexual violence or to seek ne` c CL housing to escape the perpetrator;or -Seeking legal assistance in addressing issues arising from the domestic or sexual violence or attending an( preparing for court-related proceedings arising from the domestic or sexual violence. C 0)L 4- 0 Except in cases of imminent danger to the health or safety of the employee, family or household member employees seeking such leave must provide their employer with appropriate advance notice of the leave as required b policy (see Section 7.01 C(2) and 7.02 C) along with sufficient documentation of the domestic or sexual violence ac as required by the employer. cv All information relating to the employee's leave for domestic or sexual violence must be kept confidential. 2 CL CL e CD CL 61 Packet Pg. 2267 R 6.a STANDARDS OF EMPLOYMENT,DISCIPLINARY ACTION AND APPEALS SECTION 9 c� 9.01 INTENTION t� 0 It is the intention of the Board of County Commissioners that effective supervision and employee relations CL will avoid most matters which necessitate disciplinary action. The purpose of rules and disciplinary action for 0. CL 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. c r. 9.02 RESPONSIBILITY FOR ADMINISTRATION It shall be the responsibility of the County Administrator, in cooperation with Department Heads and the Board of County Commissioners to assure that disciplinary action is fair and consistent throughout the County Service. .2 9.03 STANDARDS OF EMPLOYMENT c For the protection of Monroe County government and each employee, the following rules for personnel E 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. N C. Misconduct - Behavior not conforming to prevailing standards - Misconduct may include, but is not 25 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 y 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. Employees shall not consume or be under the influence of alcoholic beverages,while on duty or in County uniform, nor shall they use or be under the influence of, consume or possess illegal substances , while on duty,in County uniform or on County property at any time. D. Criminal, dishonest, infamous or notoriously disgraceful conduct adversely affecting the -2 employer/employee relationship (on duty or off duty). CL, 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. CL F. Theft or pilfering - Possessing, unauthorized use of, taking, removing, destroying or tampering with County property without proper authorization. U 62 Packet Pg. 2268 R 6.a G. Fraud or Dishonesty- Falsification of County documents or records or failure to give complete informatioi for personnel records. Intentionally making false statement either oral or written about the County, othe >, 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. c, 0 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. 0 r. K. Misuse of Time - Sleeping or other acts of inattention or neglect of duty. Unauthorized sale of articles or R 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 M. Safety Violations - Unauthorized possession and/or use of weapons, ammunition or explosives. Failure `5 to observe County and general safety practices and regulations. Neglect in the safety of others or the c CL 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 permit or liability insurance, in accordance with the Monroe County Safety CL Policies. 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 or failure to perform work of an acceptable standard after a N 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 y State and Federal laws. R. Acceptance of unauthorized compensation. CL S. Misfeasance- The doing of a lawful act in an unlawful or improper manner so that there is an infringement C on the rights of another. 0 T. Smoking — Smoking of tobacco products (as defined in Florida Statute 386.203 (10) ) and the use of CL, electronic, simulated smoking materials (such as electronic cigarettes, pipes or cigars) is prohibited in all Monroe County owned or occupied public facilities (buildings), vehicles, elevators, meeting rooms, hallways, corridors,lobbies,water fountain areas, stairwells and entryways. U. No Tobacco Use — Effective January 1, 2015, all new hires and new enrollees into the County's Health CL Plan will be required to certify to not currently using or not having used tobacco products or be subject to penalty. Administrative Instruction 4735 further details this policy. 63 Packet Pg. 2269 R 6.a 9.04 DISCIPLINARY ACTIONS m 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 e administered without favor for the sake of orderliness and proper compliance with reasonable rules and U regulations pertaining to conduct and the performance of work. CL When it is necessary that disciplinary action be taken, the degree of action shall be based on the following rL considerations: CL 1. There can be no mechanical formula for the application of discipline. Each instance of misconduct 0 or deficiency must be viewed and judged individually. For most lesser or first minor offenses, oral or R 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. .2 3. Department Heads, their Deputies, Assistant County Administrators, the County Administrator, c CL 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. CL °' 4- 0 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, TE suspension (with or without pay), discharge,and in some cases demotion,depending on the offense. N 6. Discharge for continued commitment of non-serious, minor offenses shall be resorted to only 25 when sufficient other efforts to bring about correction have failed, or when the offense is sufficiently serious in and of itself to warrant termination. y 7. In determining the appropriate disciplinary action to be imposed against an employee, the County � Administrator will consider, at a minimum,the following factors: CL a. The seriousness and circumstances of the particular offense. b. The past record of the employee and his length of service. 2 0 CL c. The lapse of time since the employee last received a disciplinary action. 0 d. The County's practice in similar cases. e CL 64 Packet Pg. 2270 R 6.a 9.05 AUTHORIZATION FOR DISCIPLINARY ACTION m A. All written reprimands, suspensions and recommendations for suspension or discharge actions must be approved by the Department Head and the letter concerning the action must be forwarded immediately to the Human Resources office for review, and then approved by the County Administrator or his designee. c� B. In case of a recommendation for discharge, the employee may be suspended pending approval of U discharge by the County Administrator. CL C. Disciplinary actions applied to Department Heads or Assistant County Administrators may be initiated by CL the County Administrator. 9.06 ORAL WARNING c An oral warning is given to an employee to take recognition of a violation of County policy, rule, regulatior -0 standard or of an unsatisfactory habit, practice or act which, if repeated or continued, will subject th, employee to a more severe disciplinary action. The oral warning should be noted in writing, a copy of th, U, notation placed in the employee's official personnel file, specifying the nature of the warning and the dat, R given. .2 9.07 WRITTEN REPRIMAND 0 A letter of reprimand constitutes formal action against an employee for more serious types of violation of 'E 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 CL 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. N 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 CL 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. 0 9.09 SUSPENSION CL 1. An employee may be suspended with or without pay by the Department Head and/or Assistant County Administrator 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. 65 Packet Pg. 2271 R 6.a 2. An employee may be verbally suspended with or without pay by a Supervisor for the balance of a wor] shift, or a longer period of time if needed until the Department Head or appropriate authority can b, >, contacted, if the employee's conduct impairs normal working operations. The Supervisor must thei report the incident to the Department Head, who with the approval of the Assistant Count Administrator (if applicable) must either concur with, or cancel the action, in writing, to the employe, , citing the reason for the suspension, and corrective action expected. Additional time of suspension ma be recommended by the Department Head with the approval of the Assistant County Administrator (i U applicable) and the County Administrator at that time. A copy of the suspension notification will b, placed in the employee's official personnel file along with a written report containing all appropriat, CL information concerning the action. CL CL 9.10 DISCHARGE 0 r® Discharge is appropriate for first offenses of serious misconduct as well as repeated offenses of less serious R misconduct. Sufficient documentation must be present to merit recommendation by the Department Head and the Assistant County Administrator (if applicable) to the County Administrator for discharge of any employee. � m 9.11 PROCEDURE FOR IMPOSING DISCIPLINE 0 CL 1. This procedure shall apply in cases where an employee may be subject to suspension, demotion o termination. Furthermore, this procedure shall not necessarily apply to contract employees, probationary cc employees,temporary employees or grant employees. CL 2. When the County receives information that an employee has engaged in certain conduct which could warran disciplinary action (other than a verbal warning or written reprimand, which may be issued by the appropriab Supervisor) the employee will be advised, in writing, that disciplinary action could possibly be impose( against him/her. �-- 3. The employee will be provided with a written statement of the charges including sufficient facts an( N reasons therefore as will enable the employee to provide an explanation and/or defense. An employee against 7- whom disciplinary charges have been made will remain in pay status until such time as the County 25 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,withou 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 woul( result in injury to the employee, a fellow employee, or the general public. In such circumstances, said uO employee will be given reasons for such action after it takes effect and thereafter will be entitled to utilize th, , hearing procedure set forth in the following paragraphs. 4. The hearing shall be informal and shall not be in the nature of an evidentiary hearing. The employee ma 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. Th, hearing officer's decision is final. CL 5. The informal hearing will be conducted before a hearing officer who shall be: a. An Assistant County Administrator or the County Administrator where the employee charged is a Department Head; 66 Packet Pg. 2272 R 6.a b. The County Administrator or his designee where the employee charged is an Assistant County Administrator; or c. A Department 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. c� 6. The hearing will be informal and will be conducted as follows: U 0 a. At least two working days prior to the hearing date, the employee shall provide the individual CL conducting the hearing with a list of any witnesses or documents which the employee wishes to offer CL CL at the hearing. b. The employee may be accompanied by legal counsel of his/her choice. If the employee intends to � be represented by counsel at said hearing,notice of such must be provided to the hearing officer as far R 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 him/her, 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 of his/her case. 0 CL 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. CL 4- 0 e. The hearing officer shall render a final written decision within ten (10) calendar days after th, hearing. In the event of extenuating circumstances,the final written decision may be extended beyonc ' the ten (10) calendar days upon mutual agreement of the Hearing Officer and employee. Such aj agreement shall be provided in writing from the hearing officer to the employee in order to officiall document the agreement. The final decision shall advise the employee of whatever action, if any th N hearing officer is recommending to be taken against the employee. The hearing officer' recommendation will be forwarded to the County Administrator (through the appropriate Departmen 25 Head, if applicable). Disciplinary action (except for verbal warning and written reprimand, which ma, be issued by the appropriate Supervisor) becomes final when approved by the County Administrator. y 7. Employees who are suspended without pay, discharged,given a reduction in pay or 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. CL 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. c c� CL 67 Packet Pg. 2273 R 6.a 9.12 POSSESSION OF WEAPON OR FIREARM¢ m 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 requires the use or possession of a weapon or firearm, prior approval from the County Administrator must be obtained. U 0 9.13 INDICTMENTS.PROSECUTIONS.ARRESTS a. CL CL 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 10 have on his or her employment with the County,which may result in disciplinary action. If the employee is R tried and found guilty and the conviction is not reversed or pleads to the offense, he or she may be terminated -0 from his or her position in the County Service. 9.14 FAILURE TO COOPERATE IN A JOB-RELATED INVESTIGATION m 1. As a condition of employment,any County employee may be required,upon due notice, to cooperate with `5 respect to any job-related hearing or investigation scheduled by the County, or any person, commission,board c CL 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. e 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 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 pay or 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 y Administrator. 2 CL CL c� CL See Florida Statutes 790.251 68 Packet Pg. 2274 R 6.a EMPLOYEE COMPLAINT/GRIEVANCE PROCEDURE m SECTION 10 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, reduction in pay, demotion o CL termination - See 10.01 F. Claims of harassment, retaliation, or discrimination as described in Section 2.14 EL CL will be handled in accordance with the procedure outlined in that Section and are not considered grievabl, under the Employee Complaint/Grievance Procedure. Failure of the grieving employee to follow the time Emits will automatically result in a final and binding denial of the grievance. If the County does not follow th, r0 time limits,the appropriate County official will be deemed to have denied the grievance and it may proceed to R the next step. A. Step 1: The aggrieved employee shall present his/her grievance in writing to his or her Supervisor withil Uj fifteen (15) working days of the incident to be grieved. The immediate Supervisor will meet with the employee, reach a decision, and communicate that decision 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 Z to make policy decisions. c CL B. Step 2: If the grievance is not resolved in Step 1, the employee shall, sign it, and present it to the Department Head within ten (10) working days from receipt of the Immediate Supervisor's written decision. The Department Head shall attempt to resolve the issue(s) concerning the alleged grievance within ten (10) working days of the receipt of the written grievance. 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 wit] the employee. If a meeting is held, the Department Head shall notify the aggrieved employee in writing of hi or her decision,no later than ten (10) working days after the meeting. The meeting may be rescheduled by th, Department Head for a valid reason. N C. Step 3: If the response from the Department Head is not satisfactory, within ten (10) working days fron 25 receipt of the Department Head's decision, the employee may present the grievance form to the Assistant County Administrator, who may confer with anyone he/she deems appropriate to obtain the facts concernin, the alleged grievance, and may schedule a meeting with the employee,to be held within ten (10) working days of receipt of the grievance. If the employee does not report to an Assistant County Administrator and report directly to the County Administrator, Step 3 is to be skipped and the employee may proceed to Step 4. If a 00 meeting is held, the Assistant County Administrator shall notify the aggrieved employee in writing of his/her decision no later than ten (10)working days after the meeting. D. Step 4: If the response from the Assistant County Administrator is not satisfactory, within ten (10) .0 working days from receipt of the Assistant County Administrator's decision, the employee may bring th , grievance form to the Human Resources office, for review before the Employee Grievance Council. This w Council will provide an additional avenue for the employee to pursue in the processing of appropriat, complaints or grievances. By the establishment of the Employee Grievance Council, the employee whose problem is not resolved by the Assistant County Administrator, may have the opportunity to appear befor, this Council of peers and present his/her case. The Employee Grievance Council is empowered to call a] necessary witnesses before them and to subsequently make their recommendations concerning disposition tc the County Administrator. The decision of the Council is not binding; final determination will be made by th 69 Packet Pg. 2275 R 6.a County Administrator. (Please refer to Monroe County Administrative Instruction 4714 for rule- andprocedures governing the Council.) The County Administrator shall furnish a copy of his decision t( the aggrieved employee within fifteen (15)working days of receipt of the Councils recommendation(s). E. Any complaint/grievance involving matters that pertain to the Personnel Policies and Procedures may b, 2 addressed in writing to the Employee Grievance Council, (via the Human Resources 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 Human Resources office will schedule the airing of the Grievance at the earliest convenience. The Council is empowered to call all necessary witnesses and make a recommendation concerning disposition to the County Administrator whose decision is final. CL CL CL F. This Procedure does not apply to an individual who has been suspended, discharged, received a reductioi in pay or demoted. Such individuals shall appeal in accordance to Section 9.15 hereof. r. G. If an employee does not answer to a Department Head and/or an Assistant County Administrator, th, Human Resources office will assist the employee in moving through the appropriate steps of this grievano procedure. H. The by-laws governing the establishment and operation of the Employee Grievance Council may b( y reviewed in Administrative Instruction 4714. 0 CL c� CL 4- 0 cv 2 CL CL e Q CL 70 Packet Pg. 2276 R 6.a SECTION 11 11.01 RESIGNATIONS c� A resignation is defined as an action whereby an employee voluntarily leaves the County Service with or U 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. r. 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 R other legitimate reasons, the County Administrator/Board of County Commissioners may lay off as many m employees as required, after two weeks notice. There shall be no appeal except the internal grievance `8 proceedings. No regular employee shall be laid off while there are temporary or probationary employees CL serving in the same class in the same department. Such laid off employees shall be given priority of re-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. CL 4- 0 11.03 RETIREMENT u 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. cv 11.04 DISCHARGES A discharge occurs when an employee has been involuntarily separated from County Service, usually for cn cause. Employees discharged for disciplinary reasons may not be eligible for re-hire and may lose all seniority and reinstatement privileges. 2 11.05 EXIT INTERVIEWS CL 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 a2 among County personnel. C 0L If an employee wishes, he or she may request an exit interview with Employee Services by contacting the cc Human Resources office. The Employee Services 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. Th, information obtained during the interview will be used solely for the purpose of identifying or solvin, m problem areas and will not become part of the employee's personnel record unless authorized in writing b the employee. 71 Packet Pg. 2277 R 6.a 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 CL period. CL CL 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 0 during non-working time. r®: 3. No non-employee shall be permitted to enter County premises or property at any time for the purpose o soliciting employees or distributing or posting any written, printed or other material. Rules and procedure regarding the use of county facilities can be obtained from Human Resources, Facilities Maintenance or th, County Administrator's office. .2 4. Limited exceptions to the above rules may occur but only upon application to and approval by the County CL Administrator such as in instances where contracted county vendors wish to make presentations, train or 6 educate the workforce (i.e. Employee Assistance Program,Health Insurance Providers, etc.). c� 5. It is intended that the above rules shall be interpreted and applied in accordance with applicable law. CL 4- 0 cv 2 CL CL e CD CL 72 Packet Pg. 2278 R 6.a EMPLOYEE PERFORMANCE EVALUATIONS SECTION 13 c� 13.01 POLICY U 0 All Departments shall evaluate the performance of all employees on an impartial basis using standard CL evaluation forms and the Employee Performance Appraisal Handbook provided in Administrative Instruction CL CL 4003. 13.02 PURPOSE c 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 U, improvements expected. m B. To recognize the employee's potential for promotion. � 0 CL C. To determine the employee's eligibility for merit salary advancements. � D. To provide a record of past performance. CD CL 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 basis as outlined in the Performance Appraisal Handbook cv 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 y Supervisors;however,reviewing Supervisors shall certify that they reviewed the rating and may attach any written comments they deem appropriate concerning the evaluation. � 2 2.Department Head may authorize an evaluation at any time he or she deems appropriate. CL, 3.The original, completed evaluation form,as well as any written material from the Supervisor,the Department Head, or the employee,shall be placed in the employee's official Personnel File. CL B. If an employee receives a below satisfactory rating in any category, the immediate Supervisor shall wor] with the employee in an effort to assist him/her in improving job performance. Such employees, if retainec by the department, shall have their performance re-evaluated in the category(s)which do not meet performano W standards. CL 73 Packet Pg. 2279 R 6.a EMPLOYEE INSURANCE COVERAGE m 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. CL Group hospitalization insurance coverage for full-time employees is paid for by the County at a rate approved CL by the Board of Commissioners. Dependent coverage will be available for those eligible at group rates, paid m for by the employee. 0 r. 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' r®: 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 .2 Domestic Partners if: C 0L 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 biding contract; 6. they must each sign a Declaration of Domestic Partnership as provided for in Section 14.03; 7. they both reside at the same residence. N B. Joint Responsibility for Basic Living Expenses. "Basic living expenses" means basic food an( 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 him or m herself. It does not mean that the partners must contribute equally or jointly to basic living expenses. W 2 CL 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 whc . CL have met the criteria listed above and file a Declaration of Domestic Partnership as described below. W E. Declaration of Domestic Partnership. "Declaration of Domestic Partnership" or "DDP" is a forn 0 provided by the Human Resources Director. By signing it, two people swear under penalty o w perjury that they meet the requirements of the definition of domestic partnership when they sign th, CL ¢; statement. The form shall require each partner to provide a mailing address. Resolution 081-1998 74 Packet Pg. 2280 R 6.a 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. c� G. Employee means an employee of the Board of County Commissioners, the constitutional officers or "Ur- the Mosquito Control Board, except where the context is otherwise. CL 14.03 ESTABLISHING A DOMESTIC PARTNERSHIP CL a. m A. An employee and his/her 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 0 Director, or the employee partner may present a signed and notarized DDP to the Human R Resources Director. The DDP shall include the name and date of birth of each of the domesti, -a partners,the address of their common household,and the names and dates of birth of any dependent of the domestic partnership, and shall be signed, under the pain and penalties of perjury, by botl U, domestic partners and witnessed(two) and notarized. m B. As further evidence of two individuals being involved in a domestic partnership, two of the 'u following documents must be presented along with the DDP to the Human Resources Director: c CL 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; 4. Verification of a joint bank account (savings or checking) CL °' 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 vehicle. 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 to the DDP shall be executed in the same manner as the declaration of a domestic partnership. 2 CL 14.04 TERMINATION OF A DOMESTIC PARTNERSHIP A. A domestic partnership is terminated when: 2 0 1. one of the partners dies; CL, 2. one of the partners marries; or 3. a domestic partner files a termination statement with the Human Resources Director. A 0 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 th, termination statement must declare under pain and penalties of per'ury that the domesti partnership is terminated and that a copy of the termination statement has been mailed by certifies mail to the other domestic partner at this or her last known address. The person filing 75 Packet Pg. 2281 R 6.a the termination statement must include on such statement the address to which the copy was mailed. m 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 "Ur- shall give notice of the withdrawal,by certified mail,to the other domestic partner. CL C. If a domestic partnership is terminated by the death of a domestic partner, there shall be no CL CL 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. c r. 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. 14.05 HUMAN RESOURCES DIRECTOR RECORDS m A. The Human Resources Director will keep a record of all employees DDPs, Amendments and '5 Termination Statements. The records will be maintained so that DDPs,Amendments and Termination c CL Statements will be filed to which they apply. B. The Human Resources Director shall identify on the DDP what type of documents was presented to further verification of the domestic partnership. °' 4- 0 C. Upon determination by the Human Resources Director that the DDP is complete and that furthe evidence of the domestic partnership has been presented as provided in Section 14.03 (B); the Humai ' Resources Director shall provide the employee with a copy of the DDP. The employee/domesti, partner shall become eligible to elect domestic partnership health and other employee fringe benefits a provided in Section 14.06. It will be the employee's responsibility to notify the Employee Benefit N Section of their intent to enroll the domestic partner and/or any eligible dependents under the Monro, County Employee Benefit Plan. Domestic partner/dependents enrolled in the Monroe Count 25 Employee Benefit Plan are subject to the same rules and provision applicable to coverer spouses/dependents. D. The Human Resources Director shall provide forms to employees requesting them. 2 E. The Human Resources Director shall allow public access to domestic partnership records to the sam, , extend and in the same manner as any other public record. 14.06 EMPLOYMENT BENEFITS g 0 A. The County shall provide the same health and other employment fringe benefits to employees witl WC domestic partners as to employees with spouses. As used in this section, "employees" refers tc 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. CL B. The County shall provide health insurance and benefit coverage to an employee's domestic partne as it does to an employee's spouse, and to the dependents of an employee's domestic partnership a 76 Packet Pg. 2282 R 6.a it does to an employee's child(ren). An employee may opt to decline health insurance coverage fo-- her or his domestic partner, without foregoing the right to obtain health insurance coverage or he or his domestic partner during a future open enrollment period. C. Upon termination of a domestic partnership by an employee, the non-employee domestic partner health insurance and benefits lapses. If the employee domestic partner leaves employment with the e County, the health and benefit package of the non-employee domestic partner shall lapse on the date that the former employee's insurance lapses. 0 D. Upon termination of a domestic partnership by the death of an employee, the surviving domestic CL CL 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. �. 0 E. Board of County Commissioner employees shall be granted a leave of absence, with pay, for the r" 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 cc include the relatives of a domestic partner. F. Board of County Commissioner employees shall be granted sick leave to care for a domestic partner y 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. CL G. Board of County Commissioner employees shall be entitled to take parental leave to take care of a cc child born to his/her domestic partner or a newly adopted child to the same extent as a married 0 e person. W CL 4- 0 14.07 LIMITATION OF LIABILITIES W 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 CL 3. Amendment to Declaration of Domestic Partnership 4. Termination Statement of Domestic Partnership. 0 CL c� CL 77 Packet Pg. 2283 R 6.a TRAVEL SECTION 15 ' 15.01 TRAVEL It shall be the policy of the Board of County Commissioners to reimburse all employees, Board members an( e other Department personnel for all authorized travel. Said reimbursement shall be made in the following U manner: c CL A. In County overnight travel will require the approval of the Department Head. Out of County travel will CL CL require the prior approval of the applicable Assistant County Administrator 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 10 obtained. r®: B. Private use of individual vehicles for county business shall be reimbursed for travel mileage in accordano with Monroe County Code, unless an automobile allowance is established pursuant to Section 112.061(7)(f, U, Florida Statutes. The subsection requires that the traveler file a signed statement before the allowance i R approved by the agency head; the statement must provide an estimate for the annual amount based on place m and distances for an average typical month's travel on official business; and filing of the statement an( 'u approval of allowance shall be repeated at least annually. CL C. Employees who use their personal vehicles for approved County travel shall be reimbursed in accordano C with the information reflected on the reverse side of Form #C676. These employees should be aware that oe they may be subject to periodic odometer audit(s), and that the employee's personal auto insurance is primary rL payer in case of an accident while or County business. Employees receiving an automobile allowance may still use the form to request reimbursement for meals, lodging, tolls and parking fees. Further, those employee LW who are receiving an automobile allowance shall not be entitled to file a claim for in-county mileag, reimbursement. D. Individuals shall be entitled to per diem while on official travel in accordance with provisions contained in N Monroe County Code, 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 i y 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 thi section. When justifiable circumstances exist, a traveler is authorized to purchase and be reimbursed for the purchase of a refundable airline ticket and/or travel insurance that authorizes reimbursement for cancelled o CL delayed travel. F. All requests for travel reimbursement shall be submitted in writing on State of Florida Voucher for -2 0 Reimbursement of Travel Expenses which shall give date(s) of travel, purpose, all applicable receipts, an( , amount due the traveler. Advance payment for travel must be requested by submitting voucher form for approval by the applicable Assistant County Administrator or County Administrator. Supportin! documentation acceptable to the Clerk must be submitted for reimbursement. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the CL Clerk's disbursal of funds. G. Travel shall be the most economical and practicable method available. 78 Packet Pg. 2284 R 6.a m APPEARANCE SECTION 16 0 16.01 APPEARANCE AND PROPER ATTIRE a. CL CL 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. 0 r. The Department Head will be responsible to insure that the appearance of his or her employees properly r®: 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. � m 02 CL c� CL 4- 0 cv 2 CL CL c� CL 79 Packet Pg. 2285 R 6.a VIOLENCE IN THE WORKPLACE m 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. c, 0 17.02 Definitions: CL For the purpose of this policy, acts of violence include,but are not limited to: CL CL 1. verbal abuse,assault,threatening or obscene language or behavior, or 2. aggressive,harmful,dangerous, or violent physical actions,or c r. 3. actions which endanger county employees, directly or incidentally, or r®: 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: .2 1. take place on County premises and affect county property, employees or c CL 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 CL 4. may occur outside of normal 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: N r 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. � 2 C. Employees, supervisors,etc.will take reasonable immediate action to protect CL, victims of violent actions from further harm. Actions which will increase any danger Cc should be avoided. When necessary,local law enforcement agencies must be notified as soon as possible. 2 0 CL 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 Officer,Risk Manager, or other appropriate person of any incident or activity which is in violation of this policy. Reports made pursuant to this policy will be held in confidence to the extent CL possible. The County will not tolerate any form of retaliation against anyone who makes a report under this policy. 80 Packet Pg. 2286 R 6.a E. The Human Resources office shall be notified 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,Human Resources 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 E accordance with Monroe County Personnel Policies and Procedures. U 0 CL CL CL r. r®: r®: m 02 CL e CD CL - CL cv c 0 CL e CD CL 81 Packet Pg. 2287 R 6.a CHILDREN IN THE WORK ENVIRONMENT m SECTION 18 1. The Purpose of this section is to establish the policy of the Administration concerning Monroe County S employees bringing children into the County work environment during normal working hours. A. It is the policy of this Administration that County employees shall not routinely bring children into the County work environment during the applicable employee's normal working hours. CL CL CL B. It is recognized that circumstances may arise wherein an employee's option with regard to caring fo their dependent children may be restricted for any number of reasons. Generally, it would be expected that the employee would utilize vacation or sick leave, as appropriate, to resolve said matters. 0 However, on the rare occasion where there are no other alternatives, and/or the work requirements R are such that the employee's presence is mandatory, the Assistant County Administrator or -0 Department Head may grant a special exception. C. An Assistant County Administrator or Department Head may grant a special exception in response t( unusual or emergency circumstances which would, for a very limited, specific period of time, permit m an employee to bring children into the environment. The applicable Assistant County Administrator 'u or Department head shall then formally authorize said special exception in writing by completing the CL "Children in the Work Place Form" and routing the original to the Human Resources Department via 6 the appropriate Department Head and the County Administrator, prior to the day the child is cc expected to be present. CL D. It is incumbent upon all Department Heads to insure that permitting children in the wor] environment is a rare exception and not the rule and that the special exception provisions provide( above are not to be abused. (� E. The parent(s) shall be responsible for the proper behavior of the child while in the workplace. cv F. Children are not permitted in County vehicles at any time. G. Children are totally barred from certain high-risk jobs and work locations (such as construction sites). cm H. The County Administrator has the authority to waive the policy for special events (such as Daughter/Son At-Work Days. 2 CL CL CL 82 Packet Pg. 2288 R 6.a CASH MANAGEMENT PROCEDURES m SECTION 19 To establish a standardized cash management procedure that will eliminate the risk of loss or misappropriation of funds. 1. All Departments will have in effect a policy for all cash funds received to be deposited as quickly as possible, but in any event,not later than three (3) business days from receipt. CL 2. Check vouchers should be date stamped. In cases where there is no voucher attached,paperwork CL CL corresponding to the transaction should indicate the date of the check's receipt. 3. Advise OMB of the appropriate employees in each Department who will be responsible for the cash deposits of the policy. c r. 4. Department Heads are responsible for periodically reviewing the cash management procedure with their r®: supervisors to ensure efficiency and compliance with this policy. r®: m 02 CL c� CL 4- 0 cv 2 CL CL c� CL 83 Packet Pg. 2289 R 6.a FIRE ALARM PROCEDURES m SECTION 20 The purpose of this instruction is to establish the procedure for building occupants to adhere to when fire alarm systems located within County facilities annunciate. The definition of annunciate is to announce the alarm system. 1. When a fire alarm system located in a County Facility annunciate, building occupants are to turn off all electrical equipment that will not delay their exit; and shall immediately evacuate the building,reporting to CL their designated assembly area in accordance with posted fire evacuation plans located throughout County CL CL Facilities. 2. Emphasis shall be placed on orderly evacuation under proper discipline,rather than on speed. 3. Once in the assembly area, each Office Representative will account for their personnel. c r. 4. All personnel will remain in the designated assembly area,well clear of the building, until released by the Fire Department and/or a representative from the Monroe County Public Works, Facilities Maintenance Department. 5. Constitutional Officers and Department Heads are to ensure that all employees under their purview familiarize themselves with this policy and Reference A—Monroe County Safety Policies and Procedures � Manual, along with the designated assembly area. � 6. Constitutional Officers,Department Heads, and the Monroe County Safety Officer are to ensure evacuation routes are posted on bulletin boards throughout County Facilities,to include an assembly area for each officeCL c to report to,in the event of a fire evacuation. 7. Constitutional Officers and Department Heads shall assign one person from each office the responsibility of accounting for each employee that works in their office,in the event of a fire evacuation. CL 4- 0 cv 2 CL CL e CD CL 84 Packet Pg. 2290 R 6.a EMERGENCY MANAGEMENT EXPECTATIONS 2 SECTION 21 c� In the event of an emergency that affects the County, such as a hurricane, all employees will 0 be of critical importance to preparing for the event and restoring normal County CL operations. The Monroe County Disaster Preparedness Employee Plan is an Emergency CL CL Management document that supplements the County's Comprehensive Emergency m Management Plan. Per this plan, Employees will be designated as Tier 1, 2, or 3 and may be preassigned an emergency management role or be placed into a personnel pool on standby for assignment as needed. When an emergency is declared, employees are expected to maintain contact with their supervisor and report to work before, during, and after the event according to their designated employee Tier, emergency management role, or as assigned by their supervisor. m 02 CL c� CL 4- 0 cv 2 CL CL c� CL 85 Packet Pg. 2291 R.6.b EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY LAND AUTHORITY, FLORIDA,AND CHRISTINE HURLEY FOR POSITION OF EXECUTIVE DIRECTOR OF THE MONROE COUNTY LAND AUTHORITY THIS AGREEMENT is entered into this 16th day of June, 2021, by and between Monroe County Land Authority (Authority), Florida, a dependent district of Monroe County, whose main r_ business address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040, and Christine Hurley ("Executive Director"), whose present residence address is 1506 South Street, Key West, Florida, 33040. IN CONSIDERATION of the covenants and promises contained herein, the PARTIES hereby agree as follows: 1. EMPLOYMENT. Commencing the 22nd day of August 2021, at 12:00 a.m. the Authority hereby employs, engages, and hires Christine Hurley as the Executive Director for the Monroe County Land Authority, Florida (hereinafter"Executive Director"). c. 2. FULL-TIME EMPLOYMENT. Authority and Executive Director agree that the position of will be a full-time salaried position. Work hours performed, annual leave, personal leave, and sick c leave hours taken will be documented on a form or forms to be provided by the Land Authority. 3. DUTIES OF EXECUTIVE DIRECTOR. A. Executive Director will perform the duties as provided for in Exhibit A, Job Description, as may be amended from time to time. B. Additionally, Executive Director shall perform those duties, functions, and assignments 2 which may from time to time be directed by the Monroe County Land Authority Board of 0. Governors. C. Executive Director agrees she will always, faithfully, industriously, and to the best of her 0 ability, experience, and talents, and in accordance with the code of ethics contained in the Monroe County Personnel Policies and Procedures Manual, perform all of the duties that may be required of her pursuant to the terms hereof. c D. Executive Director understands and agrees her duties under this Agreement may require her to routinely work varied hours more than the normal workday, and the hours worked shall be consistent with the needs of the position. Executive Director will devote all her time, attention, knowledge, and skills during working hours solely to the Land Authority ' matters, and Employee shall not engage in the private practice sector. Work reflective of s County coordination and County needs is acceptable. E. Nothing in this Agreement will limit the Executive Director's right to make passive financial investments; to participate in charitable service or work with charitable 0 organizations and other community activities, including trade and professional organizations; or to undertake other activities which do not interfere with the performance of the Executive Director duties under this Agreement, it being mutually agreed that the Executive Director's participation in such activities is of such benefit to the Authority and the County. E Page 1 of 7 Packet Pg. 2292 R.6.b 4. TERM OF AGREEMENT: TERMINATION OF AGREEMENT BY NORMAL EXPIRATION; FOR CAUSE; WITHOUT CAUSE. A. Normal Term of Agreement. The normal term of this agreement shall be for a period of forty- eight(48) months, commencing at 12:00 A.M. on the 22"d day of August, 2021, and ending at 11:59. p.m. on the 4th day of October, 2025. The Parties acknowledge there will r- be an "overlap" period between Executive Director as defined in this Agreement and Charles Pattison, the current executive director of the Authority from August 22, 2021 through October 4, 2021. During the overlap period, Charles Pattison will have full authority to make decisions as Executive Director. s B. Extension of Normal Term. This Agreement may be renewed by both parties' consent, in writing. 0 C. Termination of Agreement by Normal Expiration. This Agreement shall terminate upon CL its normal expiration date. All accrued annual leave and sick leave, not yet taken by Executive Director shall be paid within twenty (20) days of such termination. D. Termination of Agreement, by Authority, for Cause. A majority of three (3) Authority r0 members may terminate the Executive Director for cause, as set forth in Section 9 of the Monroe County Personnel Policies and Procedures Manuel and in accordance with the procedures set forth in the in the County Administration Law of 1974, also known as Part III of Chapter 125, Florida Statutes, as amended. All accrued annual leave and sick leave, not yet taken by her, shall be paid within twenty (20) days of such termination. Notwithstanding the foregoing, in the event of a termination pursuant to this subsection is a result of the Executive Directors conviction of a criminal act, accrued annual leave and .2 sick leave shall not be paid to Executive Director. c. E. Termination without Cause. A majority of three (3) Authority members may terminate 0 the Executive Director anytime, without cause, by enactment of a resolution at any regularly convened Authority meeting in accordance with the procedures set forth in the in the County Administration Law of 1974, also known as Part III of Chapter 125,Florida Statutes, as amended. All accrued annual leave and sick leave, not yet taken by her, shall be paid within twenty (20) days of such termination. Health insurance premiums shall be paid for three months following termination without Cause. Upon adoption of said resolution, the Authority shall cause to be paid to the Executive Director, salary for twenty (20)weeks. F. Termination of Agreement by Resignation. The employee may resign from the position of Executive Director at any time by providing the Chairman of the Authority sixty (60) days written notice. All accrued annual leave and sick leave, not yet taken by her, shall be paid within twenty (20) days of such termination. a� G. Abolishment of Position of Executive Director. If the Authority takes such action as to lawfully abolish the position of Executive Director during the term of this Agreement, �t Page 2 of 7 Packet Pg. 2293 R.6.b the abolishment of the position, for the purposes of this Agreement, shall be deemed to be a termination without cause and the provision under that subsection shall apply. S 5. COMPENSATION. The Authority shall pay Executive Director, and Executive Director shall accept from the Authority, in full payment for Employee's services hereunder, compensation as U) follows: r_ A. Salary. As partial consideration for the agreements and services to be performed by the Executive Director, for the benefit of the Authority, as contained elsewhere in this Agreement, the Authority will pay to the Executive Director an annual salary of s $164,765.92. The salary shall be paid in installments at the same time and in the same manner as other County employees are paid and will be subject to all legally required deductions. Currently, payments are paid in equal biweekly installments (26 pay periods per annum). The salary shall be increased thereafter according to the County policy of 0 annual cost-of-living and merit increases provided to other County employees, based on 2 annual performance reviews to be conducted by the Chairman of the Authority. The CL Chairman shall make the results of said evaluation known to all Authority members. B. Benefits and Equipment. As partial consideration for the agreements and services to be r0 performed by the executive director,for the benefit of the authority, as contained elsewhere in this agreement, the Authority will provide: i. All benefits and services received by Monroe County non-union employees, unless otherwise outlined herein, including but not limited to Social Security benefits, health, medical, dental, vision, and life insurance, as may be changed, amended, deleted, or added to from time to time. The Authority shall pay the premiums .2 required for single coverage for the Executive Director, and the Executive Director c. shall be responsible for the premiums required for dependent coverage. The Executive Directors date of employment for the purposes of benefits shall be the 0 date the Executive Director started employment with the County and all accrued ) CL benefits earned during Executive Director's employment with the County plus those accrued during the term of this Contract shall be borne by the Authority. ii. All holidays as the County's non-union employees receive. iii. Travel expense reimbursement for Authority business, educational reimbursement (tuition, costs, travel expense) associated with professional education programs s related to her duties as Executive Director, including but not limited to, American Planning Association, American institute of Certified Planners, and all relevant real estate association membership fees. is �t iv. A cell phone with and monthly service with unlimited data and a hot spot, and a laptop computer with three screens of the Executive Director's choice. The costs of acquisition, use, upgrade, and other expenses related to the supplying and use of the cell phone and laptop computer shall be paid for by the Authority. Page 3 of 7 Packet Pg. 2294 R.6.b V. All benefits of other employment-related benefits as are available to other non- union County employees. S vi. Maintenance and long-term replacement of vehicle, consistent with County Program, provided to Executive Director pursuant to the interlocal agreement to be executed between the Monroe County BOCC and the Authority. Executive r_ Director may drive vehicle back and forth from home to work and may transport consultants, potential sellers, real estate professionals and others doing business with the Land Authority. The Executive Director shall not use vehicle for personal/private use. _ C. Annual Leave. Annual leave for Executive Director will be the maximum earned for non- union employees, which is currently 7 hours per bi-weekly pay period (22.75 days per year). Executive Director may accumulate annual leave without limit and no unused annual leave shall be forfeited due to nonuse, any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. All annual leave Executive Director 0. accrued while employed with the County shall be paid by the Land Authority as part of the Executive Director compensation package. D. Sick Leave. Sick leave for Executive Director will be earned and credited with sick leave at a rate per month equal to the highest rate earned by any other employee or officer of the BOCC. The Executive Director may accumulate sick leave without limit and no unused sick leave shall be forfeited due to nonuse, any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. Additionally, the Executive Director shall have the option of j oining and receiving the benefits of the Monroe County Sick Leave Pool in accordance with the policies and procedures that are applicable and in effect. All .2 sick leave Executive Director accrued while employed with the County shall be paid by the c. Land Authority as part of the Executive Director compensation package. 0 e E. Florida Retirement System. The Authority agrees that the position of Executive Director u will be a position classified as, and eligible for the benefits provided under, the Senior Management Service Class, in accordance with Section 121.055, Florida Statutes. The Authority will contribute such amounts at such times as is required by the Florida Retirement System law, and any other applicable law or statute. 6. OFFICE SPACE; OFFICE STAFF; AND SUPPORTING SERVICES. A. Office Space. The Authority will provide office space for the Executive Director at the Harvey Government Center, 1200 Truman Avenue, Suite 207, Key West,Florida, and this space will be the primary office for the Land Authority. Other office space, as needed, is shall be provided by the Board of County Commissioners to the Authority to support the Authority directed programs at locations throughout the County. B. Staff. The Authority shall appropriate funds as may be required to employ such administrative personnel, as needed to maintain the Authority and programs directed by the Authority, including purchasing agents, administrative staff, land restoration agents, etc. �t Page 4 of 7 Packet Pg. 2295 R.6.b C. Supporting Services. The Authority shall provide, from Authority funds, utilities, S telephone services, facsimile services, custodial services, books, library, postage, office supplies, photocopy equipment, scanners, furniture, office equipment, computer hardware and software, electronic research and e-mail services, world wide web and internet access, U) books and subscriptions, periodicals, county web-page presence and server access and r_ storage space, and other similar materials for the proper, productive, and efficient operation of the Land Authority. 7. INDEMNIFICATION AND COOPERATION. A. Indemnification. The Authority agrees to defend, hold harmless, and indemnify the Executive Director against any tort, professional liability, or other legal demand, claim, or action which is related directly or indirectly to the Executive Director's action in her 0 capacity as Executive Director, so long as such claim does not arise out of the gross negligence of Executive Director. 0. a� B. Cooperation. In the event of actual or threatened litigation and/or administrative proceedings involved the Authority,which arises out of an action or actions which occurred or are alleged to have occurred while the Executive Director was acting in the capacity of Executive Director, the Executive Director will cooperate with the Authority and its counsel in defending and resolving the litigation or proceeding. In such regard, the Authority agrees to pay the Executive Director's reasonable travel and subsistence expenses incurred in cooperating with the Authority and its counsel, including preparation for and actual discovery, settlement, and trial and hearing of such matters. m 02 i. The Executive Director agrees that, unless required by law, she will not cooperate with or assist any party, person, or entity who has, had, or may have, or asserts that he or she or it has or may have any claim of any nature against the Authority, its 0 agents, officers, or employees,unless the Authority or its authorized agent expressly consents in writing to waive this provision of this Agreement. ii. The Executive Director will not disclose to any person, party, or entity any confidential, proprietary, time-sensitive, or non-public information relating to the Authority, the County, and its operations unless required by law to do so. iii. The restrictions, prohibitions, and conditions set forth in Section 8.13(i) and(ii)will not be applicable in instances where one or more governmental entities with jurisdiction over a claim or a violation of law are involved. 0 8. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE. This Agreement is made in the State of Florida and will be governed by Florida law. The prevailing party in any litigation, arbitration, or mediation relating to this Agreement will be entitled to recover its reasonable expenses and attorneys' fees from the other party for all matters, including but not limited to, appeals. Monroe County, Florida will be the proper venue for any litigation involving this Agreement. Page 5 of 7 Packet Pg. 2296 R.6.b 9. FORM OF AGREEMENT. This is the entire agreement between the Authority and the S Executive Director may not be modified or amended except by a written document signed by the party against whom the enforcement is sought. This Agreement may be signed in more than one counterpart, in which case each counterpart will constitute and original of this Agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope r- or substance of the provisions of this Agreement. Wherever used herein, the singular will include the plural, the plural will include the singular, and pronouns will be read as masculine, feminine, or neuter as the context requires. 10. OTHER TERMS AND CONDITIONS. A. If any provision, term, or portion of this Agreement shall be held to be unconstitutional, illegal, invalid, or enforceable by a court of competent jurisdiction, the remaining terms, 0 conditions, and portions shall remain in full force and effect as if originally agreed to without the term, condition, or portion that has been determined to be unconstitutional, illegal, invalid or unenforceable. B. The waiver by either the Authority or the Executive Director of a breach or violation of r0 any term or provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach or violation by the other party. C. This Agreement shall be binding upon and shall inure to the benefit of the heirs or estate of the Executive Director. D. Should the Executive Director die during the term of this Agreement, the obligations of the .2 Authority under this Agreement shall immediately terminate except for payment of c. accrued and unused leave balances to the Executive Director's designated beneficiaries of her estate; payment of all outstanding hospitalization, medical, dental, and vision bills 0 in accordance with the County's plans, policies, and procedures; and payment of all life insurance benefits in accordance with the terms of the County's insurance policies or plans. E. The Authority and Executive Director acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no court or administrative hearing officer shall construe any provision of this Agreement more strictly against one party over the other party, and every term, condition, covenant, and provision of this s Agreement shall be construed simply according to its fair meaning. F. This Agreement incorporates and includes all prior negotiations, correspondence, is conversations, agreements, and understandings applicable to the matters contained herein. It is further agreed that there are no commitments, agreements, or understandings L) concerning the subject matter of this Agreement that are not contained herein, and no deviation from the terms hereof shall be predicated upon any prior representations, offers, promises, inducements, or agreements, whether oral or written, and by whomever made. The text herein constitutes the entire agreement between the Authority and the Executive �t Page 6 of 7 Packet Pg. 2297 R.6.b Director, and this agreement cannot be amended except by a written document mutually agreed to and executed with the same formalities as this Agreement. G. The rights and obligations of this Agreement are personal to the Executive Director and cannot be assigned, transferred, or otherwise impaired by the Executive Director. U) r- 0 WHEREFORE,the parties hereto have signed and sealed this agreement on the date first above written. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY CHAIRMAN: 0 By: Print David P. Rice, Chairman r0 Sign Witness as to Chairman EMPLOYEE: 02 0. By: Print Christine Hurley 0 Sign Witness as to Employee APPROVED FOR LEGAL SUFFICIENCY: By: Gregory S. Oropeza, Esq. c� Page 7 of 7 Packet Pg. 2298 R.6.b Exhibit A MONROE COUNTY F ( J R1 S9 A R Job Description To perform this job successfully, an individual must be able to perform the essential job functions satisfactorily. W Reasonable accommodations may be made to enable individuals with disabilities to perform the primary job functions herein described. Since every duty associated with this position may not be described herein, employees may be required to perform duties not specifically spelled out in the job description, but which may be reasonably considered to be incidental in the performing of their duties just as though they were actually written out in this job description. 0 Job Title: Land Authority Executive Director CL CL CL Department: Land Authority Pay Grade: FLSA Status: Exempt JOB SUMMARY This position has overall responsibility for the daily operations of the Monroe County Comprehensive Plan Land Authority, a land authority created pursuant to s. 380.0663, FS, and .2 Monroe County Ordinance 31-1986. The Land Authority is a dependent component unit of Monroe County government that acquires property for environmental protection, affordable CL 6 housing, recreational facilities, and the protection of private property rights. The Land Authority was created to assist in the implementation of local government land use plans and to serve as an intermediary between private property owners and the agencies that regulate land use. The CL Monroe County Commission serves as the Land Authority Governing Board. ESSENTIAL JOB FUNCTIONS • Oversee the Land Authority's acquisition and disposition of real property and oversee activities of the Land Authority and County conservation lands. • Oversee the County Less than Fee Program, purchasing development rights from property owners who own 2 or more adjacent lots to retire the potential development rights on the adjacent parcel(s). • Oversee the Resale of Density Reduction lots, after development rights on the parcels are removed,to eliminate request for ROGO unit. • Oversee Community Development Block Grant—Disaster Recovery Voluntary Home Buyout Program. • Oversee Hazard Mitigation Grant Program Acquisitions Program • Lobbying State Departments for increased funding for acquisitions in the Florida Keys, as well as coordination with them, including acting as agent to buy and bundle land for their purchase. Packet Pg. 2299 R.6.b Land Authority Executive Director Page 2 • Prepare agendas for and attend meetings of the Land Authority Advisory Committee and Governing Board. • Implement the directives and policies of the Land Authority Advisory Committee and Governing Board. • Assist the Land Authority Advisory Committee and Governing Board in formulating policy through the provision of information, agenda materials, and professional advice. • Prepare and present to the Land Authority Governing Board an annual budget. • Maintain fiscal records, legal records,authorize payments,and oversee the disbursement of funds. • Responsible for decision making and administration of specific personnel issues. • Serve as the Land Authority's liaison to federal, state, local government, and non-profit organizations. 0 • Work with Real Estate Professionals to further the Land Authority mission. • Oversee stewardship activities on Land Authority and County conservation lands and assist CL CL County will restoration activities CL • Performs other related job duties as assigned. 0 QUALIFICATIONS Education and Experience: Master's degree Preferred. The combination of a bachelor's degree and experience may substitute for the formal education requirement. 5 to 7 years minimum prior related work experience. m .2 Special Qualifications: American Institute of Certified Planners (AICP) preferred. CL c 0 Knowledge, Skills and Abilities: Knowledge of: Growth Management, Real Estate, Areas of Critical State Concern, negotiations, public policy development, legislative process, and ethics. CL 0 PHYSICAL DEMANDS The work sedentary work, which includes exerting up to 10 pounds of force occasionally and/or negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Additionally, the following physical abilities are required: • Hearing 1: Perceiving the nature of sounds at normal speaking levels with or without correction. Ability to receive detailed information through oral communication, and to make the discrimination in sound. • Mental Acuity: Ability to make rational decisions through sound logic and deductive processes. • Speaking: Expressing or exchanging ideas by means of the spoken word including the ability to convey detailed or important spoken instructions to other workers accurately and concisely. Monroe County,FL Land Authority Executive Director Updated:5/4/2021 Packet Pg. 2300 R.6.b Land Authority Executive Director Page 3 • Talking 1: Expressing or exchanging ideas by means of the spoken word including those activities in which they must convey detailed or important spoken instructions to other workers accurately, loudly, or quickly. • Visual Acuity 1: Have close visual acuity to perform an activity such as: preparing and analyzing data and figures; transcribing; viewing a computer terminal; and/or extensive reading. • Walking: Moving about on foot to accomplish tasks, particularly for long distances or moving from one work site to another. WORK ENVIRONMENT Work is performed in a dynamic environment that requires me to be sensitive to change and responsive to changing goals, priorities, and needs. 0 Monroe County has the right to revise this job description at any time. This CL CL description does not represent in any way a contract of employment. CL 0 Employee Signature Date Supervisor(Division Director) Signature Date m .2 Director of Human Resources Signature Date CL o 0 c� E.O.E. Monroe County does not discriminate on the basis of race, color, national origin, gender, religion, age, CL disability or military service in employment or the provision of services. 0 CJ U U Monroe County,FL Land Authority Executive Director Updated:5/4/2021 Packet Pg. 2301