Item F38BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 0 20 I I Division: Employee Services
Bulk Item: Yes X No
Department:
Human Resources
Staff Contact Person/Phone #Teresa AjzuiarX4458
AGENDA ITEM WORDING: Approval of changes to the Monroe County Personnel Policies
and Procedure Manual as recommended by the Policies and Procedures Committee.
ITEM BACKGROUND: Monroe County Code Section 2-214 established a seven -member
Personnel Policies and Procedures Committee. The members: 3 members elected by the
Employee Relations Committee, 1 supervisor, 1 middle manager, 1 Division Director and the
Director of Duman Resources. This Board Is tasked with reviewing all proposed changes from
the employees prior to presentation to the Board of County Commissioners.
PREVIOUS RELEVANT BOCC ACTION: Last revision to the policy was March 16, 2011.
CONTRACTIAGREEMENT GRANGES: NIA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: None, INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY: NlA
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X AM UNT PER MONTH Year
APPROVED BY: County Atty _ �B/Pure asing Risk Management4
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM #
OUNTY aMONROE
KEY WEST FLORIDA 33040
(305)294-4641
Office of the Employee Services Division Director
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 268
Key West, FL 3304o
(305) 292-4458 -- Phone
(305) 292-4564 - Fax
R F
Mayor Heather Carruthers, District 3
Mayor Pro Tem David Rice, District 4
Kim Wigington� District I
George Neugent� District 2
Sylvia I Murphy,, District 5
TO: Board of County Commissioners DATE: October 26, 2011
t
FROM: Teresa E. Aguiar, E
Employee Services Director i r
SUBJ.- Personnel Policies and Procedures revisions
This item requests approval of the revisions approved by the Personnel Policies and Procedures Board. In accordance with
Monroe County Code Section 2-214, this Board, made up of 3 members elected by the Employee Relations Committee,
one supervisor, one middle manager, one Division Director and the Human Resources Director. They are tasked with
reviewing all proposed changes from the employees prior to presentation to the BOCC for approval.
The Board has approved these changes for your review and final approval.
Reca of Si nificant char es to the Personnel Policies & Procedures Manual
Board of County Commissioner Meetin — November if 2011
Changes of a housekeeping nature (spelling, grammar, consistency, capitalization, rearrangement of items far
clarifications, updating current source number of ordinances and regulations and title changes) are not considered
significant.
2.15 (Page 23) Employee Service Award —Revision of the program awarding employees on a
monthly basis to a quarterly basis. This will not incur any additional cost for the
program. Solicitations for the award will still be handled on a monthly basis and
combined for review and award on a quarterly basis. The revised program will
become effective on January 1, 2012.
5.02 (Page 35) Revised to reflect the current Administrative Instruction number.
If you have any questions on this item, please do not hesitate to contact me at X4458.
Monroe County
Personnel Policies & Procedures Manual
S
r
A7
Revised
January 1, 2012
1 of 79 EFFECTIVE 111l2012 DRj
PERSONNEL POLICIES & PROCEDURES MANUAL
Table of Contents
Sections
Pages —
Preamble....................... ..........................................................
3-4
Nfission, Vision and Value Statements ...............................................
Introduction.......................................... ....... ............................ 6-9
1.
General Policies ........... ............................... ........ ............. 10-13
2.
employment Policies. . ............................. 4 .......... ...............
14-24
3.
Classification Plan .................................... .........................
25-26
4.
Pay Plan ..................... ....... ....... .......................... ...........
27-33
5.
Hours of Work ........................................... . . . . . . . . . . . . . . . . . . . . ..
34-3 G
6.
Holidays ..................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .....37-38
7.
Leave with Pay ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................39-43
8.
Leave of Absence........................................................... 4 --4 --5G
9.
Standards of Employment, Disciplinary Actions & Appeals.... 4 .........57-63
10.
employee Complaint/Grievance Procedure................................G4-G5
11.
Separations.....................................................................
GG
12.
Soliciting........................................................................
67
13.
Employee Performance Evaluations. .............. * ........................
68
14.
Employee Insurance Coverage ..................................... 4 ..........69-72
15.
Travel............................................................................73
16.
Appearance.....................................................................74
17.
N tolence in the Workplace.....................................................75-76
18.
Children M the Work environment..........................................77
19.
Cash Nf anagement Procedures ................................................
78
?o.
Fire Alarm I'rocedures.........................................................79
Effective January 1, 2012 DRAFT 2 of 77
PREAMBLE
AD.NL IINISTRjV1'Io COIF of ETHICS
An employee in the public service must always demonstrate the highest standards of personal integrity, truthfuh-less,
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 unportant to
public adminis tra tors than the public's opinion about their honesty, truthfulness and personal integrity. It
overshadows competence as the premier value sought by citizens in their public officials and employees.
Any individual or collective compromise with respect to these character traits can damage the ability of an agency to
perform its tasks or accomplish its mission. The reputation of the administrator may be tarnished. Effectiveness may
be impaired. A career or careers may be destroyed.
The best insurance against loss of public confidence is adherence to the highest standards of integrity, honesty,
truthfulness and fortitude.
Public administrators are obliged to develop civic virtues because of the public responsibilities they have sought and
obtained. Respect for the truth, for fairly dealing with others, for sensitivity to rights and responsibilities of citizens
and for the public good must be generated and carefully nurtured and matured.
If one is responsible for the performance of others, the reasons for the importance of integrity must be shared with
tflem. They must be held to high ethical standards and taught the moral as well as the uncial responsibility for the
public funds under their care.
If one is responsible only for his or her performance, tflen he or she must not compromise honesty and integrity for
advancement, honors, or personal gain.
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.
One should be modest about his or her talents, letting the work speak for itself and be generous in their praises of the
good work of our peers and associates. We must be ever rnindful 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
dealings with our agencies and their applications of the law, regulations, or administrative procedures.
The only gains one should seek from public employment are salaries, fringe benefits, respect and recognition for
work. one's personal gains may also include the infinite pleasure of doing a good job, helping the public, and
achieving career goals.
No elected or appointed public servant should borrow or accept gifts from the staff or any corporation which buys
services from, or sells to, or is regulated by his or her governmental agency. If one's work brings him or her in
frequent contact with firms supplying the government, he or she must be sure to pay his or her own expenses.
Public property, funds and power should never be directed toward personal or political gain. We must make it clear
by our own actions that we will not tolerate any use of public ffinds to benefit one's self, family or friends.
Effective January 1, 2012 DRAFT 3 of 77
'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
Effective January 1, 2012 DRAFT 4 of 77
The mission of Monroe County is to provide outstanding public service responsive to the needs of our
citizens, our unique community, and our environment...
USIQN IC ilTii�l E Eu nnn
Utopi.4, in the Florida Key~.
Working and learning t6getheir to maintain the diverse community by preser6nI the natural resources and
habitat that makes tis a unique and preferred place to live and visit!
VAJLUL...UAjEML
e Believe in the Hig-heSt,otEtAicaI Behau4or as we Sail the Seven "C'II'S.
�a II1)4 ti tc it C e - knowledge. We encourage a competent workforce through continuing",, educa Lion and
trainii I no -ledge adds value to the services we provide and increases employee and citizen'satisfa tion.
Creative new ideas. We are open to new ideas. We believe in taking fresh approaches, to overcome
challenges while striving to add value to the services we provide to our community.
amn fitted -- career as a calling to public service." We believe that service to government is the highest
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career calling. ,A professional attitude imposes a pledge of excellent performance with a commitment to the
organization. =.
Concern — fiscal responsibility. We believe fiscal responsibility' demonstrates our respect for the citizens
whose, taxes support our organi.zatian. Fiscal 'res risibility recognizes that most roblems car not be sol* -ed
p
by money alone ; however, take s eriaus ly our ' tas k to safeguard the public trust.
Care — positive and supportive work environment. We provide a positive warp environment for' our
employees by 'recogni ing their needs and allowing a balance with their professional and. personal• lives: We
treat everyone with respect. We are compassionate'and responsive to the needs of all citizens.
Communication — exchange of ideas. We believe that two way communications amongst our or nization,
our employees, and our citizens is essential. We encourage' feedback and the sharing of ideas By working
together, we can share information and improve our services through open government.
Conti nutty -- fairness, equality and sustainability. We believe in fairness and, equality and d lace emphasis on
p
truth and honesty in all of our actions. Through- the use of strategic planning we ensure the continuity and
sustainabihty of County services and programs.
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Effective January 1, 2012 DRAFT 5 of 77
INTRODUCTION
T N- T"F T"f * i r '
It shall be the Intent of the Board. of Counter Commissioners and other grants, agencies or elected officials who so
request to adopt these policies and procedures that:
A. The employees of N-Ionroe County are productive persons who perform useful County functions.
B. There shall be no employees on the County payroll for whom there is no employment need.
C. All officials and employees shall comply with and assist in carrying out the personnel program.
D. All appointments to the County Service are to be made in accordance with the rules, regulations and procedures
established and adopted by the Board of County Commissioners.
E, These Policies and Procedures generally cover the information concerning the policies, regulations and benefits
for the employees of Monroe County. These Policies and Procedures and the representations made in them do not
constitute any form of employment contract or guarantee. If an employee seeks information which is not covered u-i
these Policies and Procedures, or if an employee wishes clarification of any policy or procedure, he or she should
check with his or her Supervisor and/or Department Head.
The County, of course, may change its Policies and Procedures with regard to matters covered herein and such
changes may not be reflected in these Policies and Procedures at the time the employee reads them. Existing policy as
determined from time to time by the County -Administrator or the Board of County Commissioners shall supersede
any written information previously distributed to employees.
F. In accordance with Ordinance #038-1988, the Board of County Commissioners established a Personnel Policies
and Procedures Review Board whereby any employee may submit proposed changes to the Monroe County
Personnel Policies and Procedures to the Human Resources office at any time. Proposed changes will be discussed
by the Review Board and recommendations will be made to the County Adniinistrator who will review said
recommendations for his approval. If there are any recommendations that do not meet with the approval of the
Administrator, those changes will again be reconsidered by the Review Board. If approved, said changes will be
presented to the Board of Commissioners for a final decision. If there is one or more proposed changes on which
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.
C'�C(-)TaF-,
For the purpose of expediency, these policies may refer to either the finale or female gender, or both with no intent to
discriminate. All policies apply to both genders.
The personnel policies, regulations and procedures as adopted shall apply to all personnel in the County Service
falling under the jurisdiction of the Board of County Commissioners and any other agency grant, board or department
which so requests. All County officials and employees, including but not limited to elected officials, contracted
employees, and advisory board members, shall comply with the standards of conduct set forth herein.
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_
Effective January 1, 2012 GRAFT 6 of 77
THE COUNTY i TY SERVICE
The C:ounty 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,
haws of Florida.
B. Other elected officials.
C. Members of Boards, Committees and Commissions, unless they are also County employees.
D. Persons employed in a professional capacity on a contractual, fee or retainer basis or hired to perform specific
services, as defined herein, including but not limited to investigations or inquiries on behalf of the County
Commissioners, or a committee thereof, or other elected officials.
E. Volunteers.
HUMzkN RESOURCES
It is the responsibility of the County Administrator to render service to the County government in the fields of
personnel management and employee relations, and to ensure uniform, fair and efficient personnel administration. In
this regard, the County Administrator shall establish and oversee the administration of a Human Resources office,
through the Division 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:
A. Apply and carry out personnel policies and regulations as adapted by the Board of County Commissioners.
B. Foster and develop programs for the n' nprov ement of employee effectiveness and morale.
C. Conduct evaluations and studies to determine the effectiveness of the personnel program, and periodically submit
a report of findings and recommendations to the Board of County Commissioners.
D. ensure that all personnel have been employed in accordance with the provisions of personnel policies and
procedures.
E. Maintain a classification plan for all employees in the County Service.
F. Maintain a pay plan for all employees in the County Service.
G. Develop and administer tests and exaMM' ations as deemed necessary to determine the fitness and abilities of
applicants for jobs in the County Service, and promotional opportunities.
H. Prepare, or have prepared, and submit to the Board of County C.;onumssioners, corrected, revised or additional
personnel policies and procedures for their approval.
I. Perform any other lawful acts considered necessary to carry~ out the purpose and provisions of the personnel
policies and procedures.
J. Perform intenviewing, background investigations and otherwise pre -qualifying candidates for County employment.
Effective January 1, 2012 DRAFT 7 of 77
K. Prepare any County Affirmative Action Plan.
L. Recruit qualified applicants to fill departmental vacancies.
M. Perform induction of all newly -hired personnel including completion of required personnel and payroll forms,
arranging physical exanit'nations and providing employee orientation.
N. Provide staff support to the Board of County Cotyltmssioners in regard to personnel matters.
O. ikdminister B.O.C.C. adopted drug and alcohol programs.
RECORDS OF HUMAN RESOURCES
The efficient administration of the County's Human Resources office depends on accurate information about the
County and each of its employees. In order to keep personnel records up to date, employees must notify their
Supervisor and the Human Resources office immediately of any change of name, address, telephone number, whom
to contact in case of emergency, insurance beneficiaries, dependents eligible for family coverage of insurance,
information for income tax withholding, driving status and other similar information.
The County respects the privacy of its employees' rights and, in this regard, will keep all 'information in its personnel
files confidential -- to the extent permitted under Florida law.
All requests from sources outside the County for personnel information concerning applicants for employment,
current employees, and former employees shall be directed to the Human Resources office. The Human Resources
office will release information to outsiders in accordance with the standards as set forth in Administrative Instruction
4903.
RISK NL-�NAGEMENT - SAFE"IY LOSS CONTROL
A. RISK MANAGEMENT
It is the responsibility of the County Administrator to protect the County from financial loss due to public
liability exposures and/or property damage. Z'his may be accomplished by either the utilisation of fully
y
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 properly
distribute all insurance premiums to the budgetary units.
The County Adnministrator Will institute recognized risk management techniques, with the cooperation of all
Division and Department Heads, the County ;- ttorney's office, and Constitutional Officers (where applicable),
to further identify potential exposures, recommending to the County Conurtission the best course of action to
properly protect the interests of Monroe County.
IliSI_.'RANCE
A. f1NIPL OYEE BENEFITSGrou Insurance and Workers Compensation
The County Administrator will oversee all employee benefit programs, including, but not fin-iited to Life
Insurance and Health Insurance for Board employees, as well as Constitutional Officer employees (if
participated in by those entities). ikll enrollment records, claim files and the proper distribution of expenses
Effective January 1, 2012 DRAFT 8 of 77
will be assigned to Employee Benefits, with final approval of program types and levels of benefits remaining
with the Board of County Commissioners.
J
B. SELF -FUNDED I'RO(j_' R _,%1S
There the Board of County Commissioners has determined that the use of a self -funded program is in its best
interest, it ��rill be the C;c�unty �'�dministrator'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
in benefits or change in cost to current employees and retirees that will be presented to the Board of County
Commissioners will be preceded by a two week written notice to the affected employees and retirees.
��. NIONROE COI TATTY ACCIDENT` REVIEW BO�kRD
In accordance with the Monroe County Safety Policies and Procedures, and County Administrator
Instructions, the Monroe County Safety/�kccident Board functions to prevent accidents through review of
accident/incidents reported to the Human Resource Office, and recommends safety -related policies and
procedures to the County Safety Office. This Board also serves as the Safety Advisory Committee, and
functions under the guidelines as set down in the Administrative Instructions for the function and by-laws of
the committee
D. j'kDMIN1STR_,V1'IVE INSTRLTC:7'ION SYSTEM
The County Administrator will establish a standardized administrative instruction system for initiating,
preparing, controlling, monitoring and promulgating all Monroe County Administrative Policies and
Procedures by way of rules and guidelines, which clarify those adopted Monroe County Administrative
Policies and Procedures. These Administrative Instructions shall only be further detailing, by instructions or
rules, of those Policies and Procedures provided in this manual, where, for ministerial purposes, policy
clarifications are particularly? applicable. Where conflict may occur, the Board of County Commissioners
reserves the authority of final detern=' ation as to ministerial function. This system will be structured
according to Monroe County ,Ykdmi.nistration Instruction 1000, issued February �, 198�1, but may be deleted,
changed, revised or altered at any time by the County Administrator. Reference to these _LUM nistrative
Instructions will be made throughout these policies.
All employees will be responsible for being familiar with and complying with these instructions. Division and
Department Heads will be responsible for appropriate dissemination of these instructions.
All references to Administrative Instruction should be construed to mean most current revision. Suffix
numbers change with revisions.
Effective January 1, 2012 DRAFT 9 of 77
G EN ER.- I., POLICIES
SECTION I
L01 CAREER SERVICE
ik. DEFINITION
In accordance with Chapter 69-1321 Laws of Florida, as amended, employees designated in this Act,
having at least one (1) year of continuous satisfactory service, shall be considered career service
employees, except as set forth in these policies and procedures.
B. APPLICATION FOR CAREER SERVICE
Approximately one month prior to the employee's anniversary date, except as provided for in Section
2.04 herein, the Human Resources office will provide the Department Head with notice to evaluate
the employee in accordance with Administrative Instruction 4003. 'Fhe 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/Division Director and approved by the County Administrator, the employee will be
eligible for Career Service upon completion of one (1) year of continuous, satisfactory employment.
Temporary employees who transfer to or are hired in a regular County position must serve a 12-
month probationary period in the County position before being eligible for Career Service.
C. CONTRA('.T EMPLOYEE
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
udder the Career Service rules. In no event, however, may the County waive such probationary
requirement unless the affected employee has served at least one (1) year in the capacity for which the
probation has been waived.
1.02 POLITICAL ACTIVI'1Y
ik. No employee shall use any promise, reward or threat to encourage or coerce any person to support or
contribute to any political issue, candidate or party.
B. No employee shall use his official authority as an employee to influence or attempt to influence, coerce or
attempt to coerce a political body or to in any way interfere with any nomination or election of any person to
any public office.
C. Nothing will prohibit any emplovee from expressing his opinion on any candidate, on issues, or from
participating in any political campaign during his off -duty hours.
I). Nothing herein contained shall affect the right of the employees to hold membership in, and support, a
political party, to vote as they choose, to express opinions on all political subjects and candidates, to maintain
political neutrality, and to attend political meetings during off -duty hours.
F . Employees shall at all times comply with all provisions of Section 104.31, Florida Statutes, which is
generally stated in part in 1.02 (A) & (B) above, any may be amended from time to time.
Effective January 1, 2012 DRAFT 10 of 77
1.03 OU"I"SIDE EMPLOY-NIEN T'
,N Full-time employees are not restricted from engaging in ether employment during their off -duty hours.
However, County employment must be considered the primary employment. Employees shall not, directly or
indirectly, engage in any outside employment or financial interest which may conflict, in the County's opinion,
with the best interests of the County or interfere with the employee's ability to perform the assigned County Job.
Examples include, but are not limited to, outside employment which:
1) Prevents the employee from being available for work beyond normal working hours, such as emergencies
or peak work periods, when such availability is a regular hart of the employee's job;
2) Is conducted during the employee's work hours;
3) Utilizes County telephones, computers, supplies, or any other resources, facilities, or equipment;
4) May reasonably be perceived by members of the public as a conflict of interest or otherwise discredits
public service.
B. Employees shall not be instructed or allowed to perform work for private individuals or other governmental
agencies as hart of his/her County employment except i�l those instances where such work is hart of contract
arrangements entered into by the Board of County Commissioners with such private individuals or government
agencies, or 11`1 those cases where udder prior Board of County Commission policy, the employee is to give service
in an emergency situation.
1.04 USE OF COUNTY PROPERI"Y PROCEDURES CAR FACILITIES
Equipment, facilities, vehicles, property, or any resource or procedure of the County shall not be used by any
employee, or use of same authorized for anyone by an employee for any reason or purpose beyond that
deemed de minimis use by the Internal Revenue Service Code for anything other than County business. The
use of same for personal gain or use may be cause for termination. See Administrative Instruction 1004 for
additional information concerning use of County vehicles.
1.05 CODE OF ETHICS
A. ' ll employees must be aware of, and comply with, Section 112:311 (6) Florida Statutes which currently
provides in hart: "It is declared to be the policy of the state that public officers and employees, state and local,
are agents of the people and hold their positions for the benefit of the public. They are bound to uphold the
Constitution of the United States and the State Constitution and to perform efficiently and faithfully their
duties under the laws of the federal, state, and local governments. Such officers and employees are bound to
observe, in their official acts, the highest standards of ethics consistent with this code and the advisory
opinions rendered with respect hereto regardless of personal considerations, recognizing that promoting the
public interest and maintaining the respect of the people in their government must be of foremost concern."
B. Employees may not, either directly or indirectly, use their official position with the County or information
obtained in connection with their employment for private gain, for themselves or others.
C. Employees shall not accept any gift, favor or service from any member of the public, including but not
limited to Christmas and/or birthday gifts 'in an amount that exceeds an estimated value of $25.00.
Employees shall not accept any gift, favor or se vice with the understanding that it was provided to him/her
in order to obtain special treatment. Elected and appointed officials of the Count-v are subject to the State
J
Statute for acceptance of gifts.'
' See Florida Statutes 112.3143 (3) & (4)
Effective January 1, 2012 DRAFT 11 of 77
D. No employee shall make any false statement, certification or recommendation of any employment under
any provision of these policies, or in any manner, commit or attempt to cormTut any fraud preventing the
impartial execution of the provisions of these policies, with regard to employment, promotion or transfer.
E. Conflict of interest ruler shall be in accordance with the established laws of the State of Florida.
No [County employee shall transact any business in his or her official capacity with any business entity of
which that employee is an officer, agent or member, or in which lie or she holds a material. interest.
If an employee is uncertain as to whether lie or she may be in violation of this policy, clarification may be
obtained from the Human Resources office.
The County Administrator may at any time, require a statement of disclosure from any employee if lie has
reason to believe that said employee may be in violation of this policy. The Human Resources office will be
responsible for investigating any alleged incident of conflict of interest and when needed, the County's legal
counsel will interpret Florida Statute 1 12.311-1 12 326. If a violation of this policy is found, appropriate
disciplinary action may be initiated.
F. Employees shall not conduct personal business while in County uniform while on duty Employees shall
not consume alcoholic beverages while on duty, nor on off -duty hours while in uniform.
G. Employees shall not consume or be under the influence of alcoholic beverages while on duty or in County
uniform, nor shall they use, be under the influence of, consume or possess illegal substances while on duty, in
County uniform or on County property at any time. It is the intent of Monroe County to create and maintain
a drug -free workplace for Monroe County employees, in accordance with the Drug -Free workplace Act of
1988. (See Monroe County Administrative Instruction 4703.)
H. Any violation of the provisions of this policy shall be subject to review and appropriate disciplinary action.
If the employee has any doubt as to the application of the policy as it relates to his or her position, the
possible violations should be discussed with the Department Head or his or her designee, who shall either
approve or forbid the activity, or refer the question to the Human Resources Office. The County
Adniin-istrator, Division and Department Heads, their Deputies and other employees holding positions of
high public trust and/or authority will be held to higher disciplinary and ethical standards than other
employees.
1.06 D ISCt OSURE OF INFORNMATION F' CORDS
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.
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 Adn i41.strative Instruction 4903.
1.07 RES'IRICTION OF EMPL OYNIENT OF RELATIVES
Restrictions on employment of relatives shall be in accordance with Florida Statute 11 ?.3135 (2) (a) as
amended, which currently reads, public official may not appoint, employ, promote, or advance, or
advocate for appointment, employment, promotion, or adv ancen7ent, in or to a position in the agency in
Effective January 1, 2012 DRAFT 12 of 77
which he is serving or over which he exercises jurisdiction or control, any individual who is a relative of the
public official." The definition of relative will be in accordance with Florida Statute 112.3135(1) (d) and will
include Domestic Partner. Nothing set forth herein shall prohibit the employment of more than one (1)
member of the same family. "rhe Human Resources Office will be responsible to investigate any alleged
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
116.111.
There a State or I,ocal 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.
Definition: Domestic Partner' - "Domestic Partners" are two adults who have chosen to share one another's
lives in a committed family relationship of mutual caring. Two individuals are considered to be Domestic
Partners if:
(1) they consider themselves to be members of each other's immediate family;
(2) they agree to be jointly responsible for each other's basic living expenses:
(3) neither of them is married or a member of another Domestic Partnership;
(4) they are not blood related in a way that would prevent them from being married to each other under the
laws of Florida;
(5) each is at least of the legal age and competency required by Florida Law to enter into a marriage or other
binding contract;
(6) they each sign of Declaration of Domestic Partnership as provided in for Section 14.03
(7) they reside at the same residence.
1.08 VOLUNTEERS
Monroe County recognizes the importance of work performed by volunteers.
The Department Head will be responsible for obtaining authorization through the 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.
(See Section 8.01 I regarding voluntary Emergency Response Team for County employees.)
1.09 VETERANS PREFERENCE IN Ih1ITIAL EMPLOYMENT
If no qualified applicant is selected in --house after a seven. (7) calendar day posting period, available positions
will then be offered to the general public, unless in --house and general public notice are authorized by the
Director of Human Resources concurrently. eligible veterans and spouses of veterans will receive preference
in initial employment with the exception of those positions which are exempt pursuant to Florida's Preference
Law Chapter 295 Florida Statutes ('1987)1.
Resolution 081--1998
Effective .January 1, 2012 DRAFT 13 of 77
EMPI.,OYMENT POLICIES
S EG-FI ON 2
2.01 APPOIN"I'ING A U"MORITY
The Board of County Commissioners shall be the appointing authority for the County Administrator and
County Attorney. AU other positions under the jurisdiction of the Board of County? Commissioners shall be
employed and supervised by the County Administrator. Employment of Division and Department Heads will
require the confirmation of the Board of County Commissioners. The County Administrator will be
responsible for:
A. Approval of all changes in employee status ensuring that all changes are in accordance with the Personnel
Policies and Procedures and the Pay/Classification Plan.
B. Ensuring that all positions in all Divisions have been fairly and equally evaluated, rated and classified in
accordance with Personnel Policies and Procedures and the Pay/Classification Plan.
2.02 POSITION CONTROL
A. All positions in the County? Service are established and maintained through a budget each fiscal year, in
accordance with procedures provided by the Board of County Commissioners.
B. The establishment of new or additional positions can only be authorized by the Board of County
Commissioners and the County Administrator, subject to adequate justification of need and availability of
funds. For training and transitional purposes, two individuals may fill a budgeted position simultaneously for
up to thirty (30) calendar days contingent on available funding. Both individuals shall accrue full benefits and
be classified as a Full-time Regular employee.
C. Personnel to fill approved new positions shall be appointed after the position has been evaluated,
classified and assigned a pay grade.
2.03 TYPES OF EMPLOYh EN"I'
A. Original employment is subject to budgetary? restrictions. When a person is initially employed in a position
in County Service, he shall be employed in at least one of the following types of original employment status:
1. Full -Time Regular Employee
2. Substitute Employee
3. Temporary? Employee
4, Emergency Temporary Employee
5. Part -Time Emplovee
G. Trainee
7. Contract
Participation in the Social Security program and the Florida State Retirement System will be iil accordance
with the rules and regulations governing said programs.
Any employee paid on an hourly basis will not be eligible for fringe benefits.
Effective January 1, 2012 DRAFT 14 of 77
B. definitions of types of original etr�pl(-)�yrment:
I. Full -Time Regular Emplovee
a. Full -Time Regular employment gill be made to a classification for regularly budgeted
County positions, working 25 hours or more per week.
b. Full -Time Regular employee shall be eligible for all County fringe benefits as set forth ire
these policies.
c. An employee serving in a full-time regular position shall be eligible for career service status
as described in Section 1.01.
2. Substitute Employee
a. Substitute employment may be made to fill positions for which leaves of absences are
granted to a regular employee.
b. Substitute employment shall be only for a period of time for which the regular employee is
granted leave.
c. A substitute employee shall not be eligible for County fringe benefits.
d. A substitute employee shall be exempt from career service status if employed for less than
one continuous year.
I Temporary Employee
a. Temporary employment may be made when the work of a department requires the services
of one or more employees on a seasonal or intermittent basis, or in a position not classified as
a regular County position.
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.
C. A temporary employee shall not be eligible for County benefits or paid holidays, except as
stated in V below.
d. A temporary employee shall be exempt from career service status.
e. All employees who are employed under special grants/projects shall be temporary
employees throughout the duration of the grant/project. Such employees shall at no time be
considered regular employees of the County, and shall only have the rights of temporary
employees as set forth in these policies and procedures, except as might be specifically set
forth In the special grant or project requirements. Grant employees, who do not qualify as
temporary employees, are entitled to the same Benefits as a regular employee except for Career
Service status, and any benefit not eligible for reimbursement under the grant funchng for the
position.
Effective January 1, 2012 DRAFT 15 of 77
4. Emergency Temporary Employee
a. Emergency temporary employment may be made when a short-term emergency exists.
b. Emergency temporary employment may be made without regard to the person's training or
experience.
c. No person shall be given one or more emergency employments for more than three (3)
calendar months.
d. An Emergency Temporary Employee shall not be eligible for Counter fringe benefits.
e. An employee hired on an emergency basis shall be exempt from career service status.
S. Part-T-L'me Employee
An employee is to be considered part-time if the employee works less than twenty-five (25) hours per
week. The salaried part-time employee who works at least twenty (20) hours per week will accrue
vacation and sick leave according to scheduled work hours. Anyone working less than twenty (20)
hours per week will not accrue sick or annual leave.
6. Trainee Employee
An employee appointed to fill an established position on a regular full-time or part-time basis shall be
given trainee status when qualified applicants are not available for the position and the employee does
not meet the minimum training and experience requirements for the position. (Refer to Section 4.07.)
7. Contract Employee
Anyone whose employment is project specific will be a contract employee. Said employee(s) will not
attain Career Service Status. Each proposed contract will be submitted by the County Administrator
to the Board of Commissioners for approval.
2.04 PROBATIONARY PERIOD
A. The standard probationary period for new employees will be twelve (12) months from the date the
employee begins working as a regular employee for the County. If at any time during the probationary period
it is deterrnu' ied 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
the employee, at which time the employee shall be granted career service status: or (2) decide that the
probationary period will be extended for no longer than an additional 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
employee shall automatically be separated from employment with the County, said separation being absolutely
finial, 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
CETA Program will retain their original date of hire if transferred to or hired in a regular County position for
use in procedures governing fringe benefits and evaluation purposes, when applicable. Said employee must
then serve the standard 12-month probationary period, before becoming eligible for career service status.
Effective January 1, 2012 DRAFT 16 of 77
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.
C. In the event an employee receives a promotion through the promotional opportunity process, said
employee will serve a 90 day probationary period, or the remainder of their original probationary period,
wluchever is greater. If during this probationary period the employee does not meet performance standards,
he or she may be terminated without right of appeal if recommended by the Department Head and the
Division Director and approved by the Administrator, but will be able to apply for another County position
through the promotional opportunity system for I 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
withi*n the same department may be reclassified to another pay grade and/or title upon recommendation of
the Department Head and Division Director and approved by the Administrator but will not serve an
additional probationary period. (See Section 3.04 and 3.05.)
1.05 DEFINFFION OF SERVICE
A. Creditable Service shall be defined as service during which the employee was on the payroll of the County,
or on approved leave of absence without pay.
B. An employee's continuous service date shall be established as the most recent date of hire and may not
precede the date of actual job performance.
C. ikuthorized leaves of absence to the extent provided in Section S of these policies shall not be considered a
break in service effective at the end of the employee's regular shift on the last day of work.
D. If an employee has a break of service of 48 hours or more, he/she cannot be reinstated to 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
Statutes.
E. Any unauthorized leave without pay for three consecutive work days or more may be considered a break
in service, and may result in termination.
2.06 NIED ICAL E ,--MINX- PIONS
�. In order to maintain a vigorous and healthy work force the County shall require post offer medical
examinations by a phvsician designated by the County.
B. `fhe County Administrator may require that an employee submit to a physical and/or psychiatric
examination by a physician or other qualified practitioner at any time during their employment, which may
include blood and/or urine testing for drug or alcohol usage. Charges for same will be the responsibility of
the County.
Grant Programs will provide funding for medical examinations for their employees in their respective budgets.
C. Should an examination result in disclosure of inability to meet the required minimum standards of the
specific occupation, the results of the examination shall be reviewed by the Human Resources office and the
employee's Department Head and/or Division Director. Findings and recommendations shall be forwarded
to the County Administrator for final disposition. Payment of any expense incurred by the
Effective January 1, 2012 DRAFT 17 of 77
applicant/ employee other than the initial examination required by the County will be the responsibility of the
applicant employee.
D An employee determined to be physically or mentally unfit to continue working in his/her current
classification may be terminated, but may apply through the promotional opportunity system ystem for any available
position for which said employee is determined to be qualified as well as physically and mentally fit to perform
all required duties of the position. Said employee will have promotional opportunity rights for one year after
his/her termination date.
E. If a Department Head has reasonable suspicion that an employee is under the influence of, or Using
alcoholic or illegal substances, that Department Head may require that said employee be examined by a
physician who may include blood and/or urine testing.
2.07 BASIS FOR CHANGE OF S`I"_NTUS
Selection of applicants for new hire and in --house promotion shall be based on the applicant's ability to
perform the job as outlined in the job description of the position being filled. The job description shall
identify the specific knowledge, skills, and abilities necessary for the successful performance of the duties of
the position.
z n 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 minitnum qualifications shall
be evaluated according to uniform and consistently applied selection techniques established by Personnel
Policies and Procedures_ These selection techniques shall be designed to provide mxv mum validity,
reliability, and objectivity and result in selection from among the applicants who are most qualified for the
position.
In determining change of status as a result of demotion, recall from layoff or transfer, job performance shall
be the sole criterion. Job performance being equal, length of continuous service shall be the criterion.
2.08 SELECTION PROCESS
All interviews whether for new hire or in --house promotion must follow the interview procedures outlined in
Administrative Instruction 4705.
2.09 'TR-ANSFERS
A. The County Administrator may, at any time, transfer an employee from one area to another and/or from
one position to another when he determines that it is in the best interest of the operation of the County to do
so. Transfers will be made by the County Administrator based upon a recommendation by the employee's
Department Head and Division Director.
B. Employees will be notified in writing of the County Administrator's decision to transfer them. Employees
who claim, that a transfer is made arbitrarily and capriciously or that it is being recommended for disciplinary
reasons may appeal a transfer decision pursuant to Section 10 (Employee Complaint/Grievance Procedure).
2.10. EMPLOYEE 1 RAIN INN
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
Effective January 1, 2012 DRAFT 18 of 77
to provide proof of completion of said training requirements. Once employed, any certification or training
deemed necessary for continued employment is to be paid by the individual with reimbursement made after
successful completion. See 2.1.1 item A.
. I EDUC 1 0NAL ASSISTANCE PROCT' ItAiM
A. F.D�JCAr_ I0NA1,.J SSIST"AN E POLICY'
'rhe County may provide financial assistance to County employees for educational courses which are
applicable to the employee's field of work, or of such nature and duality to directly contribute to the
employee's value and potential growth in the County service. Employees requited to maintain
training and certification requirements as a condition of employment are also eligible for this program.
In the case of a degree --seeking student; although attainment of said degree may provide job
enhancement for the employee, courses taken in the pursuit of the degree must have some relation to
County emploVment.
B. ELIGIBILITTY
An employee will be considered eligible for participation in the Educational Assistance Program if he
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. 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.
T'he 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. 'l'he 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.
D. TIME OFF FROM WORD
Qualified employees may be permitted time off from work with pay to attend educational training
classes or seminars which are related to their Job duties but which are not available during non --
working hours, if approved by the applicable Department Head and/or Division Director. Allowable
' See Florida Statutes 112.063
Effective January 1, 2012 GRAFT 19 of 77
time off will be restricted to a maximum of 160 hours in any calendar year unless specifically otherwise
approved by the County Administrator.
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.
F,. REINIBURSI: LATENT
1. Upon the successful completion of approved courses, the employee will be eligible for
reimbursement of tuition, textbooks, online access fees, distance learning fees, and lab fees. The
employee must present a certification of successful course completion and a paid receipt for tuition,
textbooks, online access fees, distance learning fees, and lab fees to the Department. Requests for
reimbursement must be made within sixty days after completion of the course.
2. 'Fextbook 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.
4. Where tuition is covered under benefits from the Veterans 1Wministration or a philanthropic
source, qualified employees may participate only in the "time off from work" feature of the
program.
5. Reimbursement under the Educational Assistance Program constitutes income to the employee.
The County must withhold taxes from this income and report to government agencies in the
same manner.
6. Employees must provide their awn transportation to and from training.
7. Refunds shall be limited subject to the availability of funds and the number of participants in the
program.
8. This program may be amended or terminated at any time, however, such amendment or
termination will not affect any courses of study previously approved.
F. CONI)FFIONS of REINIBURSEMENT
Employees who obtain reimbursement for any educational assistance program shall remain with the
County at least one (1) year after completion of courses, otherwise any reimbursement which was
made by the County to the employee shall be refunded to the County, if the employee terminates
within less than one (1) year from date of completion of educational assistance courses. Further
funding to the County shall be accomplished by deducting all reimbursement due from the employee's
final paycheck.
2.12 'EMPLOYEE LOYEE SAFE 1Y
It is the responsibility of the County to promote and pursue a safe and healthy environment for ah employees,
Monroe County has a viable safety program administered and enforced by the Monroe County Safety
-iWininistrator according to the Safety Policies and Procedures adopted by the Board of County
Commissioners.
Effective January 1, 2012 DRAFT 20 of 77
Employees will observe all safety rules and regulations established by the State of Florida and County
Government. Division Directors, Department Heads and Supen isors are responsible for the observance of
those rules within their jurisdiction. Failure to comply may result in disciplinary action.
2.13 PROMOTIONAL OPPORrIUNITIES
A. It is the policy of the Board of County* Commissioners to consider qualified County employees for
promotional opportunities before applicants from the general public are considered. An employee must
remain in his or her respective position for a period of at least six (6) months before transferring to another
position through the Promotional opportunity system. If it is thought to be in the best interest of the County
to waive this rule, prior approval of the appropriate Division Director(s) and the County* Administrator must
be obtained. Please review Section 2.04 Probationary Period. Promotional Opportunities will be posted on
bulletin hoards throughout the County system for seven (7) calendar days.
B. An eligible employee wishing to apply for a promotional position will complete the Promotional
Opportunity Application Form within the seven (7) day period (date of posting is day one (1)) and submit it to
the 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
seven (7) day period is to be considered a priority. In the event the Promotional opportunity is not received
within the seven (7) day period, the in-house employee shall lose preferential treatment.
D. Eligible veterans and spouses of veterans will receive preference in initial employment pursuant to Florida's
Veterans' Preference Law {Chapter 295, Florida Statutes}, with the exception of those positions which are
exempt under said law.
2.14E UAL OPPORTUNITY POLICY
A. The County is fm-nly committed to equal employment opportunity, and does not discr%rninate in any
employment -related decisions on the basis of race, collar, religion, national origin, sex, sexual orientation,
gender identity or expression, age, disability or other similar factors that are not job -related.
The County's policy of equality of opportunity applies to all organizational levels of the County and to all job
classifications. It is the responsibility of each elected or appointed public official, Division Director,
Department Head and Supervisor to give the County's non-discrin-a'nation policy full support through
leadership, and by personal example. In addition, it is the duty of each public official and each employee to
help maintain a work environment which is conducive to, and which reflects, the County's commitment to
equal employment opportunity.
B. All personnel actions shall be based solely* on ability and fitness of the individual.
C. The Human Resources office shall see that information ablaut job opportunities is readily available to all
employees and citizens of the County, and a continuing program shall be conducted to make the Equal
EmploNTment policies known to all citizens of the Counter.
Effective January 1, 2012 DRAFT 21 of 77
D. In this capacity, the Human Resources office will be responsible for anticipating problems, formulating
solutions, presenting complete analysis of alternatives and recommended corrective actions and coordinating
the recommended actions with public officials, Division Directors, Department Heads and employees.
In the implementation of this policy, the County will aggressively seek personnel for all job levels within the
organization through upgrading and recruitment from minority group members and women.
This policy is specifically included and will be a continuing and essential component of the Personnel Policies
and Procedures.
E. Harassment of any kind is prohibited and will not be tolerated. A violation of this policy will subject an
employee to disciplinary action, up to and including termination of employment. -zkny violation which cannot
be remedied through the disciplinary process set forth in these policies and procedures may be considered by
the Board of County Comimssioners for any other avenues legally available, such as, but not limited to,
contractual remedies, no trespass orders, injunctive relief, removal of workplace accommodations which have
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,
religion, gender, national origin, age, veteran status, marital status, familial status, sexual orientation,
gender identity or expression, or disability/handicap, or that of his or her relatives, friends or
associates.
2. Has the purpose or effect of creating an intimidating, hostile or offensive working environment;
3. Has the purpose or effect of unreasonably interfering with an individual's work performance or;
4. otherwise adversely affects an individual's employment opportunities.
Prohibited harassing conduct includes, but is not limited to, epithets, slurs, jokes, negative stereotyping, or
threatening, intimidating or hostile acts that relate to race, color, religion, gender, age, national origin, veteran
status, marital status, familial status, sexual orientation, gender identity or expression, or disability/handicap.
Prohibited harassing conduct includes written or graphic material that is placed on walls, bulletin boards or
elsewhere on the premises or that is circulated in the workplace.
The above policy includes, but is not limited to, sexual harassment. Sexual harassment is defined as:
1. unwelcome sexual advances;
2. Requests for sexual favors;
3. Verbal or physical conduct of a sexual or otherwise offensive nature, particularly where:
a. submission to such conduct is made, explicitly or implicitly, a term or condition of
employment;
b. submission to or rejection of such conduct is used as a basis for decisions affecting an
individual's employment; or
c. such conduct has the purpose or effect of creating an intimidating, hostile or offensive
working environment.
4. Sexually offensive jokes, innuendoes, and other sexually oriented statements or behavior.
If an individual experiences or observes any form of harassment of an employee by any person (regardless of
the offender's identity- or position), he/she is required to promptly report the incident to a Division Director,
Department Head, the Human Resources Adn-unistrator or the County Administrator. Division Directors
and Department Heads are responsible for promptly reporting the allegations or concerns to the Human
Resources Adniinistrator or the County Administrator. (It is encouraged that the individual put such a
complaint in writing. If the complaint is about the County Administrator or any other person whose official
or political position leads an employee to believe that the complaint may be ignored or handled improperly,
the individual who experiences or sees any prohibited form of harassment which he/she is required to report
Effective January 1, 2012 DRAFT 22 of 77
may report the conduct to a county commissioner, who shall see that it is properly processed by staff in an
objective manner. 'I'he complaint will be immediately investigated and kept confidential to the extent
possible. Individuals who make complaints have an obligation to assist and cooperate with the County's
investigation.
If the County deterr=' es that an employee (including public officials, Division Director, Department Head,
or supenrisor) or thud --party has harassed another individual, appropriate remedial action will be taken against
the offender, up to and including termination. If the harassment involves a third party such as a contractor,
vendor, supplier, or other visitors to County buildings or the workplace, that person may be barred from the
premises.
The County prohibits any form of retaliation or coercion (including intimidation, interference or
discrimination for lodging a bona fide complaint under this policy or for assisting in the investigation of a
claim of harassment. If an individual experiences or observes any form of retaliation by any person, employee
or non --employee (regardless of the offender's identity or position) he/she is required to promptly report the
incident to a Division Director, Department Head, the Human Resources Administrator or the County
Administrator. Division Directors and Department Heads are responsible for promptly reporting the
allegations or concerns to the Human Resources Administrator or the County Administrator. It is encouraged
that the individual put such a complaint in writing. The complaint will be immediately investigated and kept
confidential to the extent possible. Individuals who make complaints have an obligation to assist and
cooperate with the County's investigation. If the complaint is about the County Administrator or any other
person whose official or political position leads an employee to believe that the complaint may be ignored or
handled improperly, the individual who experiences or sees any prohibited form of harassment which he/she
is required to report may report the conduct to a county commissioner, who shall see that it is properly
processed by staff in an objective manner. The county will protect individuals who make a complaint to the
extent legally possible. Any bona fide complaint will in no way be used or held against an employee (or non --
employee) nor will it leave an adverse impact on the complaining employee's employment.
Individuals shall not assume that the County is aware of a harassment problem and are required to adhere to
this policy and make a report so that the problem can be resolved. Any questions concerning this policy
should be addressed to Human Resources.
F. If one believes that the County has violated the equal opportunity policy, as stated in this section, he/she
should submit a written complaint to the EEO Coordinator. The EEO Coordinator shall investigate the
complaint and respond to the complaint.
2.15 EMPLOYEE RECOGNFIJON
A -- EMPLOYEE OF THE MONTH/YEAR PROGRt Pvr
Monroe County has established an Employee Service .ward which is designed to recognize employees who
demonstrate superior performance and dedication to their work which is above and beyond th c� call of duty.
(See Monroe County Administrative Instruction Series 4000.) The employee selected for the ftaedtalt quarter
shall be awarded a Urdted Mates Savings Bond and an appreciation. plaque. "Iihe employee of the
year shall receive a 4% increase, and an appreciation plaque.
B - YEARS OF SERVICE PROGRAM
Monroe County has established a program to reco91'1Z e County employees who have been in the County
Service for Five, Ten, Fifteen, ,fwenty, Twenty --five, Thim, and Thirty --five years. Grant and part --time
employees will be eligible for the years -of service program.
Effective January 1, 2012 DRAFT 23 of 77
At the employee's anniversary date, or as soon thereafter as is feasible, the Human Resources office will send
Division Directors a list of employees that are eligible for a years of service award that month along with a
template letter for recogmizu_Ig the employee and notifying the Payroll office. Each Division will be responsible
for completing and providing a letter of recognition to the employee along with providing a copy to 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's
paycheck. A letter to the Payroll Department will be completed by the Division informing Payroll what the
amount of the award shall be and a copy of the letter provided to Human Resources to be placed in the
employee's personnel file. It is the Division's responsibility to discuss the presentation opportunity with the
employee and together come to a decision as to whether the employee would like to be recognized at the
BOCC meeting. If the employee chooses to be recognized at the BOCC meeting, the Division must coordinate
with the Human Resources office regarding the appropriate award as outlined below, and with the County
Adnu* nstrator's office to ensure that said recognition is placed on the meeting agenda. Whenever possible, this
presentation will take place at the BOCC meeting in the employee's location. The following will 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 INfeeting;
d - For 20 years of service, a decorative pin and a $350.00 award and recognition at the BOCC Nfeeting;
e - For 25 years of service, a decorative pin and a $500.00 award and recognition at the BOCC NZeeting;
f - For 30 years of service, a decorative pin and a $1,000.00 award and recognition at the BOCC
Meeting;
Effective August 1,_ 2010:
g — For 35 years of service, an engraved Lucite desk clock and a $15500.00 award and recognition
at the BOCC meeting.
Effective January 1, 2012 DRAFT 24 of 77
CL-z SSIFICATIO PLAN
SI'.CTIO 3
3.01 CL��SSII�ICA:`ION PI -AN
A. SCOPE
The Classification Plan provides for a systematic and equitable arrangement of job classes and
provides for a complete inventory of all County positions. The purpose of the plan is to group
various positions into related gasses based upon the range of duties, responsibilities and level of work
performed.
B. C:OMPOSI`I'ION OF THE C:L NSSIFICATION PEAK
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. 'I1Zey are used as a guide in recruiting and examt�ling candidates for
employment, in determining the lines of promotion and developing training programs, as guidelines in
determining salary relationships and in providing uniform job terminology to convey the same
meaning to all concerned. Job descriptions may be changed from time to time by the County. This
change may expand or reduce the job duties of any job classification. Employees will be given as
much advance notice of a change in their jobs as is practicable. The job descriptions are maintained
by the Human Resources office and should be reviewed and updated annually, or whenever a change
occurs in the duties of any position. Each job description will be approved by the Department Head,
the Division Director, and the County .Administrator. Each employee will receive a copy of his or her
respective job description at the time of his or her employment, and any time there is a change in his
or her job description.
3.02 POSITIO AUDI -F PROCEDURE
The County .Administrator is charged with the responsibility of initiating position audits of any or all County
service positions at any time. Other position audits may be initiated by written request to the County
Adn=' istrator from the Department Head or the Division Director in which the specific position is located,
or the incumbent of the position to be audited. loll requests must be approved by the Division Director.
Position information will be gained through completion of a Position Information Questionnaire (PIQ) by the
incumbent or by the Supervisor of the position if the position is vacant, and through field studies of the
position, which may include a personal visit with the position incumbent by a representative of the Humal1
Resources office. -.Yhe applicable Department and Division Director should review and make
recommendations to the Count- <<Wministrator through the Human Resources office on all proposed new
positions, changes, and position descriptions.
3.03 DETERMINATION OF CIASSES
S
A. `Fhe 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 INdministrator for appropriate action.
Effective January 1, 2012 DRAFT 25 of 77
B. whenever an employee's position is abolished under this section, said employee shall have first
consideration for a position in a similar classification that may arise in the County service for a period of one
year. However, if that employee refuses an offer for a similar position or, if that employee within the one-year
period elects to take any position in the County service, said employee shall be removed from preferential
consideration.
3.04 RECL�kSSIFI ]AT1C)N OF POSITIONS
A. The Human Resources office, after having detern=' ed the content of the positions and having received
the certification of funds and findings that the proposed class or classes are needed, shall propose new or
revised classes of work as well as the abolition of em'sting or obsolete classes, to the County .-Wministrator for
appropriate action. Recommendations for changes may be made by the Division. Director, who must submit
sufficient documentation for the change, including assurance(s) that the respective departmental budget
contains sufficient funds.
B. An employee may be reclassified to a different title and/or pay grade at any time the County Administrator
deems appropriate, after receiving good and sufficient documentation. A temporary reclassification does not
constitute a promotion or demotion. A change in title and/or pay grade which results from an evolution into
a reduction of duties and/or responsibilities does not constitute a demotion.
3.05 STATUS OF AN INCUNIBENrI" IN A RECLY�SSIFI E D POSITION
when the incumbent of a position, through diligent application of work, is officially assigned more difficult
and significant additional responsibilities and duties so that it appears as if the position warrants
reclassification to a higher class, the Human Resources office shall perform a field study of the present duties
and responsibilities of the position. If it is determined after recommendation by the Department Head,
Division Director and Human Resources that the position should be reclassified, the County Administrator
may require that the incumbent undergo a prescribed test of fitness, depending on the conditions of the
reclassification and the nature of the position to be reclassified before approval. A revised job description will
be submitted by the Department Head for approval by the Division Director and the County Administrator
which includes the additional duties of d-ie position. An employee 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 budget
and accounting procedures. T'he establishment of a new or additional position can only be leased on adequate
justification of need and the availability of funds. Such additions must be approved by the County Administrator and
the Board of County Commissioners. The provisions herein do not relate to the Pay Plan, but to position statuses
created by need and necessity only.
The Division of Employee Services shall maintain a position control system in the office of Human Resources.
Important:
All additions, revisions, reclassifications or other personnel actions having a financial impact on the County
shall be reviewed by the Human Resources office and the Division of Budget and Finance and approved by
the County \ dmini s tra tor.
Effective January 1, 2012 DRAFT 26 of 77
PAY PLAN
SECTION 4
4.01 PURPOSE
The Pay Plan is desig-ied to provide a fair and equitable method for payment of employees in the County
service. It also establishes a set of rules and a uniform system of administration.
4.02 ES"FABLISHNIENT° OF THE PAY PLAN
The Pay Plan shall be directly related to the Classification Plan and is the basis for payment of employees in
the County service. This plan shall be established with consideration being given to the following factors:
A. Relative difficulty and responsibilities existing between various gasses of work.
B. Prevailing wage scales, for similar types of work, found in public and private industry in the local labor
market.
C. .Availability of qualified personnel.
D. Economic conditions found in the area.
E. Fiscal policies of the Board of County Commissioners.
4.03 AMENDMENTS
The Counter Adnn'n* trator shall make amendments to the Pav Plan when, in Iris discretion, economic
conditions, labor supplies, or other considerations indicate a need for such action.
Division Directors may recommend to the County Administrator possible amendments to the Pay Plan by
providing sufficient Justification to make an evaluation of the causes and conditions requiring the change
within the confines of their respective departmental budget.
4.04 P1-kY PEkN REVVISIONS
The Beard of County Commissioners must approve the County Administrator's recommended Plan of
Compensation and subsequent revisions for approval and adoption.
4.05 �NDMI ISTRA"I'IO
i'he Human Resources office, in con unction with the Division of Budget and Finance, shall have the
responsibility for the dad~ to day administration of the compensation plan. Approval of all hiring rates and
other payroll changes shall require approval of the County Administrator in accordance with these personnel
policies, except that matters with respect to compensation of staff and support personnel of the office of the
County Attorney shall be set by the County ikttornev, subject to budgetary approval of the Board of County
C ornmis sioners.
Effective January 1, 2012 DRAFT 27 of 77
4.06 APPLICA11ON OF THIS PAY
All employees shall be employed and paid in accordance with the rates and policies established by the Pay
Ilan for the specific job classification under consideration, unless otherwise stipulated in these policies.
4.07 STAR`1,I rG R..V1-' 1S
�k. The minimum salary established for a position is considered the normal appointment rate for new
employees.
B. ,Nppointments below or above the =' I mum salary may be authorized in the following situations;
1. In the event an applicant does not meet the minimum qualifications, but is expected to obtain said
qualifications within 6 months, the hiring authority may request appointment as a "trainee". In such
cases, the employee should be hired at an appropriate rate below the minimum starting salary.
2. If the applicant's training, experience or other qualifications are substantially above those required
for the position, the County Administrator may approve employment at a rate above the minimum
established for the class. The need to male appointments in excess of the minimum shall require
documentation and specific approval from the County Administrator.
a. 'Fhe Human Resources office shall provide a monthly report to the Board of County
Commissioners which shall reflect all newly fired employees who are
employed above the entry salary.
4.08 SALARY RikNGES PROGRESSIONS INCREASES
No salary adjustment shall be approved unless there is availability of funds, and must be justified in writing by
the Division Director/Department Head and approved by the County Administrator.
A. zkn employee may receive a salary increase by means of a promotion, reclassification or pay range
adjustment.
An employee reclassified, transferred or hired through promotional opportunity of one pay grade level or
higher shall receive the greater of the minimum salary of the pay range or a 5% salary increase. An increase
above 5% shall require justification in accordance with Section 4.07 B (2). In no case shall the employee's
salary be above the maximum pay range.
B. There are no provisions in the County Pay Plan for automatic salary advancements, as all increases are to
be based on availability of funds, work performance, and other pertinent factors as evaluated by the
employee's Supervisor acid/or Department Head, and approved by the Division Director and County
1kdministrator.
C. All requests for salary increases shall be processed through the Human Resources office and the Division
of Budget and Finance for review and determination of compliance with the County policies and
procedures and budgetary control.
D. 'rhe Human Resources office shall provide a monthly report to the Board of County Com-missioners
which shall reflect all personnel actions resulting in a salary i�icrease for all current employees. This
report will exclude any cost of living/merit increases, etc. which are approved by the BOCC on an annual
or contractual basis.
Effective January 1, 2012 DRAFT 28 of 77
E. MERIT INCREASES
I. A merit increase is a salary increase within the same pay grade, awarded for outstanding County
Service.
?. TMerit increases are riot automatic.
3. The amount of merit increase an employee receives, if any shall be detertnm' ed by the availability of
funds, and the system/procedures proposed by the County Ad=' iistrator and adopted by the Board
of County Commissioners each fiscal year. !kll salary adjustments must be approved by the County
zkdministrator.
4. An employee shall be eligible for consideration for a merit increase during the budget preparation
period after completion of their initial probation period.
Unless otherwise approved by the Board of County Conumssioners each fiscal year, an employee will
receive a %Terit Increase on their Anniversary Date (see Section 4.09 ("j).
5. New employees hired below the minitrnum rate would be eligible for consideration six months from
the date they are adjusted into the minitnum 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 Conumssioners each
fiscal year), unless said position is reclassified to a higher pay grade (See Section 3 regarding
reclassifications). Nevertheless, the employee will still be evaluated in accordance with the County
evaluation system. All employees are expected to maintain a satisfactory or above performance level.
Failure to do so will result in appropriate disciplinary action.
7. The foregoing reflects the current procedure, however the County reserves the right to change or
eliminate the procedure whenever necessary.
NOTE: Time spent on a leave of absence without pay in excess of thirty days shall be deducted from the
employee's length of service record when de tern i_t ng the time required for advancement eligibility.
F. COST OF LIVING INCREASES
The decision whether to or when to grant a cost of living allowance, as well as the decision of the
amount of such Lncrease (if any) will be made in the sole and exclusive discretion of the Board of
County Conimissiotiers .
G. RECRLTITTNIENT Y�ND RETENTION INCREIkSES
Retention Salary Increase
This provision is intended to provide consideration of critical and/or unusual administration problems. 1-k
retention salary increase may be approved, at the County, Administrator's sole discretion, in accordance with
the following provisions:
If the employee has received a documented bona fide job offer with an employer other than Monroe County
BOCC and the retet7tion increase is a counter offer to retain the employee in their current position job offers
Effective January 1, 2012 DRAFT 29 of 77
from other Monroe County BOCC offices, Property lkppraiser, 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.)
lV Retention salary increase decisions are not grievanle 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:
I. currently be employed by the County in a career service status position;
?. Dave been continuously employed in their current position for at least one calendar year prior to the
date the bona fide job offer was made;
3. have received at least a "Meets Expectations" rating on their most recent performance evaluation,
must currently be perforn>-H'ng at an acceptable level, and shall not have been issued a written warning
wig the previous twelve (12) months; and
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 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.
Procedure:
To request a retention increase, the respective Department Head shall submit a retention increase request package to
his/her Division Director and obtain his/her approval prior to submitting the request to the Human Resources
Office. Increase request packages will include, at a minimum, the following documentation and shall be verified by
the Human Resources office:
A cover memo addressed to the County Administrator with the written recommendation approved by the
department head and division director.
?. 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
G/24) months.The detail shall prove that losing the investment of training costs would be more of a loss than
awarding the employee the recommended salary increase;
4. summation of the employee's satisfactory job performance (that the employee has performed and continues
to perform at least at a "N'feets Expectations" level and that he/she has not been issued a written warning
within the previous twelve months);
5. that the division's recommended increase, if approved, would not place the employee above the maximum for
their current pay range;
G. salary comparison of other employees within the division/department with similar job duties, qualifications
and years of service;
7. recruitment and retention conditions inn critical areas as may be demonstrated by (a) high turnover; (b)
declined job offers; or (c) copies of resignation letters from previous employees.
S. Importance of the position in relation to the -fiction Plans of the department and division.
Tine Human Resources office will review the request and make a recommendation to the County Administrator.
Effective January 1, 2012 GRAFT 30 of 77
Certification Incentive Salary Increase
This provision is intended to provide an incentive for employees to obtain certifications beyond their current
minimum )ob requirements which will enhance the knowledge in their current position and acid value to the
department as well as the Count-.
A. Certification incentive salary increase decisions are not grievable through the County's grievance procedure
unless it is alleged that such a decision was made based upon unlawful discrimination.
B. To be eligible for a certification incentive salary increase consideration, the affected employee must:
a. currently be employed by the County in a career service status position;
b. have been continuously employed with the County for at least one calendar year prior to the date of
registration of the certification;
c. have received at least a "Meets Expectations" rating on their most recent performance evaluation,
must currently be performing at an acceptable level, and may not have been issued a written warning
within the previous twelve (12) months; and
d. not exceed two certifications per calendar year (renewal of a certification will not net any additional
increase in pay).
C. $1,500 will be added to the affected employee's salary.
D. The certification incentive salary increase must not place the employee above the maximum of their current
pay range. In the event the employee reaches the maximum of their current pay range, the salary increase will
be awarded as a one time lump sum payment.
E. Certification incentive salary increases recommended under this provision are subject to the availability of
funds.
Ile Human Resources office will review the request and make a recommendation to the County Administrator.
Procedure:
To request a certification incentive salary increase, the respective employee shall complete the Certification Incentive
form and obtain approvals prior to registering in the certification course or program.
1. The employee shall complete the form and submit it to the Department Head and Division Director for their
approval of the recommendation.
2. The Employee Services Director will review the request and shall approve or deny the request.
3. Human Resources will officially notify the employee of the approval (or denial).
4. Upon satisfactory completion of the certification program, the employee shall provide sufficient proof to
Human Resources. Human Resources will prepare and process the PAF form to be effective on the date of
certification.
A certification salary increase for any employee is treated as a permanent salary increase as long as the employee
retains the same position and does not exceed a salary greater than the maximum for his/her pay range.
4.09 I)ATE OF HIRE YRC. LL CHANGES,, -AN IVERSARY DATES & ENIPI1OYNIENT STATUS
C:HACsES
A. DATE OF HIRE
The date an empooyeee 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
Effective January 1, 2012 DRAFT 31 of 77
employment of 48 hours or more will create the need for a new date of hire if that employee returns
to County Service.
B. C.H-I i ' GES IN E-'IPLOYMENT STATL.I S
A promotion can occur when an employee is moved from a position itl one class to another position
III a different class which has a higher ma�.ximum salary.
�-�ny employee may be recommended for demotion by the Department Head with the approval of the
IDivision I3irector and the County Adnu' istrator for cause. lk demoted employee may not be paid
more than the maximum rate established for the new pay grade.
An employee moved into another position itl the same job classification or to a different position with
the same pay range may not be eligible for a salary increase at the time of transfer.
C. ANNIVERSARY DATES
An employeels anniversary date is effective one year from a promotion, reclassification, or transfer
which also resulted in an increase in salary.
D. OTHER
When a temporary employee attains the status of regular employee in the same position, his
anniversary date will be his date of More for evaluation purposes. Leave accrual and benefits will be
implemented in accordance with current rules and regulations governing same.
4.10 TENIPOR tNRY - HIGHER CLASSIFICATION
An employee may be assigned to warp In a higher classification up to one year, unless otherwise determined
by the County Administrator. An employee required working in a higher classification 30 consecutive working
days or less may be required to do so at no increase in pay. If the employee is required to work beyond this
period, he or she should be given a temporary transfer to the higher classification and be paid the appropriate
rate for the higher classification retroactively applied to day one he or she served in such higher classification
and every consecutive working day thereafter. At the conclusion of the assignment, pay shalll revert to the
authorized rate established for his regular position. Any such temporary increase granted shalll not affect the
employee's eligibility for normal salary advancement.
4.11 WZWES DUE DECEASED EMPLOYEE
III the case of the death of an employee for whom an estate is not raised, any wages, travel expenses or sitrnilar
amounts due the employee shad be paid by the County in accordance with the Florida Statute 222.15. 2� n
employee who does not have living parents, spouse, or children shall. Ilav e the right to designate a beneficiary
in writing.
4.12 B I)GET LIMITATIONS
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 Commi'ssloners. Accordingly, all. employees
J
are hereby placed oil notice that the payment of salaries and the granting of salary increases is always subject
to the availability of funds.
Effective January 1, 2012 DRAFT 32 of 77
4.13 C ONII'1.NSA T'ION FOR EXECU'I'IVE �kSSIS"-1 ,-kN"-t' rl'o THE NIYVYOR
When an employee becomes the mayor's aide, said employee will be awarded a 4' �'o salary increase for the
length of time lie/she holds the position of Executive Assistant to the mayor. Said employee will
acknowledge by signature on form entitled "Monroe County Employment-kgreement 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.
Effective January 1, 2012 DRAFT 33 of 77
HOLI RS OF WORK
SEA FION 5
5.01 WORD D:kYS ,kND WORK WEEK
A. No County Department may operate on less than a 37 1 /2 hour normal work week, nor more than a 40
hour normal work week (exclusive of lunch breaks), unless authorized in advance in writing byr the County
dmims trator.
B. The work week shall start at 12:01 a.m. Sunday and end at 12:00 midnight Saturday, unless otherwise
approved by the County Administrator.
C. Effective tMay 1, 1991, all newly hired regular full-time employees will be required to work 40 hours per
week unless the authorized job posting states otherwise, or unless otherwise determined by the County
Administrator. When an employee changes his or her position through the Promotional Opportunity system
he/she will be required to work forty (40) hours per week, unless otherwise posted.
D. All full-time employees are required to be present on their assigned jobs for the total hours in their work
week, unless absence from duty is authorized by the appropriate authority in accordance with these personnel
policies.
E. Part-time employees are required to be present on their assigned jobs for the total Number of hours for
which compensations are being received, unless absence from duty is authorized by the appropriate authority
in accordance with these personnel policies.
F. All absences shall be properly recorded and charged.
G. Nothing herein shall constitute a guaranteed minimum number of working hours per week.
H.Alternative work schedules (e.g. four 10 hour days) are implemented at the discretion of the Division
Director for operations and sections that can utilize manpower and equipment in a more productive manner
with the longer day.
1. Flextime Program -- In departments where operations permit a flexible schedule, department heads may
authorize a flexible schedule under the following provisions:
1. While maintaining sufficient staffing during Normal office hours (defined as Monday -- Friday, 8
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 Mine
hour days and one four hour day; (4) work 5 eight hour days and use only '/ 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 Division Director.
2. During weeks with holidays as detailed in Section G of Personnel Policies and Procedures (or as
otherwise granted by the BOA C), 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 department
understaffed, the schedules will be rotated on the basis of seniority* with the most senior county
employee getting their first choice for one month and the next most senior county employee
getting their schedule of choice during month two and so forth.
Effective January 1, 2012 DRAFT 34 of 77
4. Immediate supervisor, Department Head or Division Director has the right to cancel an
employee's participation in the Flex "Fime Program due to hardship issues or abuse of the policy.
5.02 OVERTIME WOIU4� FOR NON-EXEMPT NON -EMERGENCY RESPONSE EMPLOYEES
Overtime is generally an unbudgeted expense, and should be approved prior to time worked.
A. STArlETNIENT of POLICY
1. overffi* ne., whether compensated with cash or time off, must be approved by the Department Head
or other appropriate authority as stated in Adniinistrative Instruction 4716 Series. The
employment and work program of each Department should be arranged so as to eliminate the
necessity of overtone work except in emergency situations.
2. Overtime is defined as work assigned and actually worked by any employee beyond the normal
scheduled work week.
3. Employees who work more than their normally scheduled hours will be paid at their straight -time
rate of pay for all hours worked up to and including forty (40) hours in a work week. Hours worked
in excess of forty (40) hours in a work week will be compensated as provided below.
4. Employees who work in excess of forty (40) hours in any work week will be paid overtime at one
and one-half times their regular rate of pay for all hours worked over forty (40), or will be granted
time off (compensatory time) in lieu of overtime if the employee consents in writing.
5. Compensatory time, if offered by the County, will be governed by the following conditions:
a. Must be authorized by the appropriate Department Head or other appropriate authority as
defined in A. 1. above and the employee must consent in writing to compensatory time in lieu
of time and a half monetary compensation.;
b. one and one-lialf hours of compensatory time will be granted for each hour of overtime
worked;
c. Compensatory time may be "banked"; However, the ma"K um 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-
halfrate;
d. An employee's reasonable request to utilize accrued compensatory time will be considered;
however, the County reserves the right to exercise control of the use of time off based on
work load and scheduling but only if such work load and scheduling constitutes an undue
burden on the County. Paying overtime to another employee to accommodate an employee's
compensatory time request is not an undue burden.
e. Upon termination of employment, an employee will be paid for all unused authorized
compensatory time at a rate of compensation not less than:
(I) the average regular rate received by the employee during the last three years, or
(ii) the final regular rate received by the employee, whichever is higher.
Effective January 1, 2012 DRAFT 35 of 77
5.03 OVER'NiME WORK FOR EMERGENCY RESPONSE ENIPLOYEES
overti re for Firefighters is outlined in the negotiated IAFF Union Contract.
5.04 OVERTITME WORK FOR EX � Y17 I. ��il'I1C��'F�: �:S
It is the general policy of NIonroe County not to compensate for overtime those employees classified as
'exempt', from the Fair Labor Standards Act. However the County- Admuustrator m his sale discretion may
approve compensation for overtime, either in compensatory time or pay, for an exempt employee who has
been required to work unusually large amounts of overtime, such as during a disaster, etc.
5.05 MEAL AND REST PERIODS
Employees classified as regular full time will receive a total of one hour for meal/rest period per work shift,
the time and sequence of which will be determined by the Supervisor and approved by the Department Head.
If it is necessary for the non-exempt employee to work without a meal/rest period he/she will be otherwise
compensated for that time. All ether employees will receive meal or rest periods in an amount and time
deemed appropriate by their Supervisor.
Zeal and rest periods shall be scheduled by the Department Head consistent with the effective operation of
the department and may be rescheduled whenever necessary.
Effective January 1, 2012 DRAFT 36 of 77
HOI.�IDzkYS
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:
New Year's Day
Presidents Day
Martin Luther Ding's Birthday
Good Friday
Memorial Day
Independence Day
.Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
In addition to the above -designated holidays, the Board of Commissioners, in its sole discretion, may grant
other special holidays during the course of a year to some, or all, County employees.
A. Guardian Ad Litem ---- Official Holida s
The positions of Case Coordinator and Paralegal Litigation shall observe the following holidays:
New Year's Day
Christmas Eve
Martin Luther King's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
State Attorney ---- official Holidays
The position of Sr. Systems zknalyst shall observe the following holidays:
New Year's Day Labor Day
Martin Luther 1<ng's Birthday Veterans Day
Ntemorial Day Thanksgiving Day
Independence Day Thanksgiving Friday
Christmas Day
Public Defender ---- Official Holida s
The positions of Hearing Reporter, Sr. Systems Analyst, and Indigence Examiner shall observe the
following holidays:
New Fear's Day Labor Darr
J J
Martin Luther King's Birthday Veterans Day
Memorial Day Thanksgiving Day -
Independence Day Thanksgiving Friday
Christmas Day
Effective January 1, 2012 GRAFT 37 of 77
6.0? ELIGIBIL1`1Y
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 days after a holiday to be compensated for said holiday.
6.03 C RI DL`RINGi HOLIDAYYS
Each employee shall observe all holidays designated in this Section, provided that the Work load of the
department is, in the discretion of the County Administrator, such that the employee's work load cannot be
discontinued without causing a hardship to the County.
In the event that the work load in any department does not permit the observance of any designated holiday,
all employees required to Work on said designated holiday, or if holiday falls on employees designated day off,
may be granted another day's leave in lieu of the holiday or paid for the work performed on the holiday, as
deter u'ned by the Department Head and/or Division Director.
6.04 HOI.,ID�NYS FAILING ON WEEKENDS OR WHEN COUNTY FACILITIES ARE NORNLkLLY
cT ), P n
Unless otherwise specified by the Board of County Commissioners - when a holiday falls on a Saturday, the
preceding Friday shall be observed as a holiday - when a holiday falls on a Sunday~, the following Monday shall
be observed as a holiday.
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.
6.05 HOLIDkY DURING PAID LEAVE
Employees on annual or sick leave during periods when designated holidays occur, shall not have the day of
the holiday charged against their accrued leave.
6.06 OBSERVANCE OF RELIGIOUS HOLID-zkYS
Employees who choose to observe other "holidays" for religious or other reasons must do so by utilizing
annual leave pursuant to Section 7.
Effective January 1, 2012 GRAFT 38 of 77
LEAVE WITH PAY
SE_;CIJON 7
7.01 ANNUAL LEAVE
A. E LIGIBILI"I-Ar
All. salaried employees with regular status working ?0 hours or more per week shall earn and accrue
annual leave with pay. Hourly employees will not accrue annual leave.
B. ACCRUAL
Annual leave for regular, employees shall be earned in accordance with the following table:
Years of
Continuous
Service
1 through 3 years
4 through 10 years
11 through 15 years
Hours of Leave Earned
During Each Calendar
TTonth
40 HPW
4 hours per bi-weekly
pay period
(13 working days per year)
S hours per bi-weekly
pay period
(16 1 /4 working days per
year)
6 hours per bi-weekly
pay period
(19 1 /2 working days per
year
16 through termination
of employment 7 hours per bi-weekly
pay period
(22 3/4 working days per
year)
Hours of Leave Earned
During Each Calendar
Month
37 1/2 HPW
3.75 hours per bi-weekly
pay period
(13 working days per year)
4.75 hours per bi-weekly
pay period
(16.5 working days per year)
5.75 hours per bi-weekly
pay period
(19.9 working days per year)
6.75 hours per biweekly
pay period
(23.4 working days per year)
Monroe County currently has a bi-weekly pay period system commencing at 1 2:00 a.m. Sunday,
ending two Saturdays later at 11: S9 p.m. There are 26 pay periods per year.
Annual leave for employees working less than 40 hours per week, but more than 210 hours per week
will be prorated according to the hours worked.
When there has been a break i_n employment of 48 hours or more, the employee, upon reinstatement
or re-employment, «rilll begin earning annual leave as a new employee.
Effective January 1, 2012 DRAFT 39 of 77
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. i nnual leave may be used on a payday -to- payday basis as it is earned according to scheduling requirements
and may be accumulated up to 40 working days with a maximum of 320 hours. Any time earned u-i excess of this
amount as of April 1" of each year will be rolled over to the employee's Sick Leave balance. Individual employees
are responsible for monitoring their own leave balance. It is an employee's personal responsibility to request and
schedule leave in order to avoid the rollover of hours.
?. All annual leave must be approved in advance by the applicable Department Head, Division Director and/or
the County Administrator depending on the position held by the requesting employee. 'Fhe employee shall fill
out his Leave Request Form and submit it to the Department Head, who has the right to deny an employee's
request for annual leave, if granting such leave at that time would be detrimental to County operations. Upon
such denial, the employee may request the leave at another time.
The Department Head is responsible for tirerifying that the employee does have sufficient accrued leave to cover
the period of absence, and should return the leave request to the employee indicating approval or denial, within
seven (7) days of receipt of the request, unless a valid reason is given to the employee for the delay.
D. ANNI`rAL LEAVE PAY UPON SEPARATION
If the payment of annual leave is approved by the County, computing said leave pay will be based on the
employee's regular rate of pay and terms of separation.
E. RESTRICTIONS
Annual leave may be used for any purpose; however, it is a privilege incident to County service and is not a right,
and may only be used by the employee if taken prior to termination for cause or in accordance with these policies,
with the following restrictions:
1. Annual leave may not be taken until accrued in accordance with these rules.
2. employees will not accrue annual leave during a leave of absence without pay, a suspension
or when the employee is otherwise irn a non-paying status.
3. Section 11.01-Resignations.
4. employees who leave the County service without proper notice or who are terminated for
just cause may be denied payment of accrued annual leave.
7.02 SICK LY-1, VE
A. ELIGTIBILITY
All salaried employees with regular status working 20 hours or more per week shall have the privilege
of accruing sick leave in accordance with these policies. Hourly employees will not accrue sick leave.
F,mployees shall not be eligible to use sick leave until they have been ins the County service for 90 days,
unless recommended by the Department Head and approved by the Division Director. Verification
of illness by a physician may be required.
Effective January 1, 2012 DRAFT 40 of 77
B. ACCRU-AL of SICK LEAVE
AR regular, full-time employees will accrue 4 hours sick leave per pay period.
There will be no limit of the amount of sick leave that can be accrued.
Sick leave for employees working less than 40 hours per week, but at least twenty (1,20) hours per week
will be prorated according to the hours worked.
When there has been a break in service of 48 hours or mare, the employee upon reinstatement or re-
employment wi11 begin accruing sick leave as a new employee. Employees who are on leave without
pay for more than 8 hours during a pay period will not accrue sick leave for that pay period.
C. USE of SICK LEAVE
1. Sick leave shall be used only with the approval of the applicable Department Head, Division
Director or County Administrator and shall not be authorized prior to the time it is earned and
credited to the employee except in cases of prearranged medical appointments, surgery or other
health -related matters.
2. Sick leave shall be authorized only in the event of:
a. The employee's personal it ness, inj'ury or exposure to a contagious disease which would
endanger others.
b. Illness or injury of a husband, wife, domestic partner, father, mother, legal guardian, son or
daughter (including adopted or faster 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
complete such appointments.
d. Prearranged surgery or other health -related matters.
D. Monroe County has established a Sick Leave Pool for eligible f-u l-rime employees designed to aid the
employee suffering from an extended illness or injury (See Administrative Instruction 4702. for rules and
enrollment procedures).
7.03 NIFDIC.,,.-,�I. USTIFIC ATION
A. Sick leave is a privilege, and not a benefit. In fact, use of sick time actually causes a hardship on the
County. The County must, therefore, ensure that employees utilizing sick leave are complying with Section
7.02 of these policies and procedures.
Employees must meet the following conditions in order to be granted sick leave with pay:
(1) Notify iiis/her immediate Supervisor as soon as the employee learns that he/she wi11 be unable to
report to work mi accordance with individual department policy. The employee shall tali in to his/her
immediate Supervisor at least one (1) time on each consecutive shift thereafter, that the employee will
miss work because of sick leave.
Effective January 1, 2012 DRAFT 41 of 77
(2) File a written report (after returning to work) explaily ng the nature of the illness when required, by
her Supervisor or Department Head.
(3) Permit medical examination, nursing visit or any County inquiry (telephone call, visit to the
employee's house, etc.) deemed appropriate by the County to document the illness of the employee or
family member.
The Department Head is responsible for following up on sick leave use and for ensuring that there is no sick
leave abuse. The Department Head may require any employee to bring in a note from his or her personal
physician for absences of three (3) consecutive working days or more. However, if a Department Head
reasonably suspects that an employee is abusing sick leave, said Department Head may rewire that any use of
sick leave by the employee for herself or family member be justified by a note from a physician. Further, in
the event that a Department Head is unsatisfied with the initial doctor's note, he may rewire 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 rewire the
employee to use any part of his accrued sick leave, compensatory time or annual leave and may thereafter
rewire the employee to take such leave without pay as is medically determined sufficient to restore him to
normal health, however, this will in no way prevent the County from separating him from employment if the
absence would be of such duration as to pose a hardship on the operations of the Department.
C. The Department Head may rewire, at any time, an employee to present medical evidence that he is
physically or mentally fit to work and/or the Department Head may rewire an employee to be examined by a
County -designated physician or psychiatrist, at the County's expense.
7.04 NOTIFICATION OF ABSENCE
(SEE 7.03 A)
If absent for three consecutive work days without reporting to the Supervisor a reason sufficient to justify the
absence, the employee may be removed from the payroll as having voluntarily resigned without notice. The
Supervisor is to notify the Department Head. zkny unauthorized absence may be cause for disciplinary action,
up to and including termination.
7.05 FUN ER_,NL LEAVE
A, All employees covered under this policy shall be granted up to two working days off with pay in order to
attend a funeral of a member of the employee's immediate family. The immediate family shall be construed to
mean one of the following: Husband, wife, father, mother, son, daughter, sister, brothers uncles aunts first
cousin, tiepliew, niece, domestic partner, domestic partner's father and mother, legal guardian, grandparent or
in-laws father-in-law, mother-ii-law, son-in-law, daughter-ii-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister . Additional time off (over
and above the two working days herein provided) may be approved by the Department Head, and charged to
sick or annual leave. _zkdditionally, the County may rewire proof of death of a family member before making
payment for leave.
7.06 HOLID_VY_S DURING SICK L "i -kVE
Holidays occurring while an employee is on sick leave shall not be charged against the employee's sick leave
balance.
Effective January 1, 2012 GRAFT 42 of 77
7.07 i AYi,VIENT OF LTN SEE SICK LEAVE
A. �-kn 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 nears of continuous service shall, upon separation, from the County in g��od
standing, death or retirement, receive incentive sick leave pav as follows:
5 to 10 nears of service - 1 /4 of all accrued sick leave, with a ma:.imum 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.
C. The payments made as temn'nal pav 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 notice or who are terminated for just cause may
be denied payment of accrued sick leave.
7.08 TRH-kNSFER OF LELWE
An employee who resigns from any entity or organization to accept a position with the county win not be
credited with hours of unused sick or annual leave which was accrued while employed by that entity or
organization.
Effective January 1, 2012 GRAFT 43 of 77
LEAVFF OF ABSENCE
SECTION 8
8.01 AD1N1INISTrR�VTIVE LEAVE
Administrative leave is leave with pay that is not charged to the employee's sick or annual leave.
A. URY DENY AND COURT LEAVE
1. A full-time employee who is summoned to jury duty by a city, the County (,Nlonroe), the State of
Florida, or the Federal Government or subpoenaed to appear in court as a witness in a criminal or
civil action arising from his or her county employment shall be granted time off with pay for the time
actually spent on jury duty or i`1 the court appearance. Fees paid by the court will be retained by the
employee unless otherwise determined by the County Administrator. As conditions precedent to
receiving time off with pay for jury duty or court appearance of the aforesaid nature, the employee
must:
a. Notify 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
the Department Head with an estimate of the duration of the absence;
b. Report to the Department Head immediately upon the conclusion or continuance of such
jury duty or court appearance;
c. Report status of jury duty to supervisor or designee on a daily basis.
2. Any employee on jury duty as specified above, and who is released or excused from jury duty
during normal working hours, will immediately contact his or her supervisor in order to detenrine
whether the employee will be required to report back to work. Employees who work a 24 hour shift,
will contact their Department Head (or designee) when released from jury duty. If the Department
Head (or designee) determines that the employee could not effectively complete his or her work shift,
the employee may be granted time off with pay for the remainder of the shift.
3. The County, in its discretion, may reschedule the working hours and days of work of an employee
employed on other than a full --time basis who is summoned to jury duty or subpoenaed to appear in
court as a witness by a city, the County (Monroe), the State of Florida, or the Federal Government in a
criminal or civil action arising from his or her county employment. If, in the County's judgment, it is
not feasible or practical to schedule the employee's hours of work around such, the County shall grant
the employee time off with pair for the time actually spent on jury duty or in the court appearance. As
conditions precedent to receiving time off with pay for jury duty or court appearance of the aforesaid
nature, the employee must abide by the provisions contained above in Section 8.01 A -1, (a) and (b).
4. If any employee is subpoenaed as a witness other than in the specific circumstances described
above, the County will grant the employee leave without pair to the extent that the Department Head
so approves.
5. Notwithstanding any of the provisions of Section 8.01 -A above, no employee shall receive pays
from the County where the employee is a plaintiff, claimant, or witness against the County in a matter
contrary to the County's interests.
Effective January 1, 2012 DRAFT 44 of 77
6. Any employee subpoenaed or otherwise requested to be a participant in any legal utter related to
County business must inform the County Attorney's office as soon as possible after receiving said
notification,
B. � �I�ECr *I O L �F�S
An employee who is a properly registered voter and who lives at such distance from his assigned work
locations as to preclude his voting outside of working hours may be authorized by the Department
Head to have a maximum of two hours of leave with pay for this purpose. An employee shall not be
granted administrative leave to work at the polls during elections.
C. IMEETINGS
In cases where it is deemed by the Division Director to be beneficial to the County, an employee may
be granted leave with pay to attend such professional meetnlgs or conferences as may contribute to
the effectiveness of his employment (See Section 15 - ,Travel - for reimbursement procedures).
D. EXAMINATIONS
An employee may be granted leave with pay whje taking examinations before a Federal, State or
County agency, provided such examinations are pertinent to his County employment, if approved by
the Department Head and the Division Director.
E. MILITARY LEAVE —In accordance with F.S. 115
1. Mihta a Trai i r- Employees who are reserve enlisted personnel in the United States i iiiitary
or naval service or members of the National Guard will be granted leave with full pay during days
which they are engaged in n-iiiitary or naval training_ Leave shall not exceed 17 working days in any
one annual period (beginni*ng October 1 and ending September 30 of the following year).
Additional time shall be without pay and shall be granted without loss of time or efficiency rating.
The employee will not be required to use annual leave or similar leave (comp time) in lieu of
LWOP. Does not include Armory Drills or Multiple Training Assemblies.
2. Militay 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 in- litary service for the first 30 days
with full pay. Paid leave shall also include the period during which a person in i iilitary service is
absent from duty on account of sickness, wounds, leave, or other lawful cause.
Period of active military service shall begin with the date of entering upon active military service and
shall terminate with death or a date 30 days U' T ed.iately next succeeding the date of release or
discharge from active inilitary service, or upon return from active inilitary service, wl- ichever shall
occur first.
Military earnings will be retained by the employee.
3. Examinations for %, ilita T 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.
Effective January 1, 2012 DRAFT 45 of 77
4. Re-em to ment — National Guard iMembers - Zk member of the National Guard who returns to
work after serving on state active duty, will maintain seniority and other benefits as outlined in
F.S. 250.482-
F. LrSERILN — Uniformed Service Employment and Reemployment Rights Acts of 1994. Does not apply to
`rotate " lilitary dlIq or{gor)ernor t-all-ups ofNational Guard Memberv; Please refer to `El " aboiv for leatle policy.
In addition to `rE" above:
USERIO, covers employees who are:
Active or reserve: Army, Navy, Marine Corps, Air Force, Coast Guard, Army National Guard, or
Air National Guard, [Commissioned Corps of the Public Health Service, and Any other category
designated by the President in time of war or emergency. In addition, protects former and retired
members and applicants for future service with a uniformed service.
USERRA does not include temporary employees unless employment is for a brief period with no
reasonable expectation of continuance for a significant period of time.
USERRr. covers voluntary and involuntary.
For purposes of military leave covered by USERRA — "Service" is defined as: Active duty, active
duty for training, initial active duty for training, inactive duty training, full-time National Guard duty,
absence for examination to determine fitness for any of the above forms of duty and funeral honors
duty by National Guard or Reserve.
Employees will receive up to 5 years military leave of absence (which includes reemployment rights).
Types of service that do not count against an employee's five-year maximum includes: Inactive
duty training (drills), annual training, involuntary recall to or retention on active duty, voluntary or
involuntary active duty in support of war, national emergency, certain operational missions, or
additional training requirements determined and certified in writing by the Service Secretary, and
considered to be necessary for professional development or for completion of skill training or
retraining.
Certain specific exceptions will continue to protect beyond the five-year time period: Service
required 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
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 the
President or Congress; Active duty (other than for training) by volunteers supporting "operational
missions" for which selected reservists have been ordered to active duty without their consent;
Service by volunteers who are ordered to active duty in support of a critical mission or requirement
in tames other than war or national emergency and when no involuntary call --up is in effect; and
Federal service by members of the National Guard called into action by the President to suppress an
insurrection, repel an invasion, or to execute the laws of the United States,
1. B ENEF I s WHILE ON LEAVE— Beginning on the 31" day and beyond, there willbe no health
insurance coverage. Employees will be offered coverage under C OBRi .
Effective January 1, 2012 DRAFT 46 of 77
?. RE-EMPI.,OYNIENT (Military 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.
Service of I -- 30 days: the beginning of the next regularly scheduled work period on the first
full day following completion of service and expiration of an 8-hour rest period following safe
transportation home.
Service 31-1 So days: application for reinstatement must be submitted no later than 14 days
after completion of military duty.
Service of 181 or more days: application for reinstatement must be submitted no later than
90 days after completion of military duty.
The deadline for reinstatement may be extended for employees who are convalescing due to a
disability incurred dining service.
The employee must report back to work as soon as possible. Failure to report (unless through no
fault of the employee) will be handled in accordance with the County's policies.
Returning employee's pension plan accruals and vesting will continue as though no break in
service had occurred except in limited situations (regarding health benefits as defined under the
Act).
Upon re-employment, the employee has 3 times the length of service (not to exceed 5 years) to
make payments to any contributory plan and the County will fund any resulting obligation of the
plan within the same time).
When re-employed, the health insurance coverage will start from day I and there will be no
waiting period.
G. ADMINISTR-,,- "I-'IVE LEAVE FOR RU,-E-,V' kMINATION OR TRE- TNIP,NT BY VETERANS
1NDMINISTRATION MITE -I RESPECT TO SERVICE -CONNECTED DISABILITY -- In accordance
with F.S. 110-119.
Any employee of the County who has been rated by the Veterans AdMM' istration to have incurred a
service -connected disability and has been scheduled by the Veterans Administration to be re-examined
or treated for the disability shall be granted administrative leave for such examination or treatment
without loss of pay or benefits. In no event shall the paid leave under this section exceed six (6)
calendar days a year. 1 leave request should be submitted to the Department Head for said leave as far
in advance as possible.
H. DRIVES
Employees will be granted leave with pay to donate blood during the County's organized Blood
Drives.
Effective January 1, 2012 DRAFT 47 of 77
I. EMERGENCY RESPONSE VOLUNTEERS
J
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.
?. 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
member of Such a Team. Failure to do so could result in disciplinary action,
'NIE NTORI CT PROGRAM
Pursuant to Resolution 100-20001, county employees may mentor a child in the Monroe County School
District for up to one hour per week (not to exceed five hours per calendar month). Leave will be
granted after taking into consideration the impact on such leave on the employee's work unit. If an
employee is granted administrative leave under this section and does not use the administrative leave
as authorized in this section, the employee shall not accrue or be paid for such unused leave.
8.02 DISABILITY LEAVE - WORKERS COMPENSATION
A. ELIGIBILYFY
An employee, who sustains a County Service -connected disability which prevents the employee from
carrying out his regular duties or any other duties as assigned, shall be entitled to disability leave within
the guidelines of this Section.
B. DEFINITIONS
1. Date of Disability - The date on which the disability began, or the last day of duty following injury,
whichever is later.
2. Semite -Connected Disability - A physical condition, resulting from accident or injury in the line of
duty, which prevents an employee from performing his regular duties or any other duties as assigned.
C. D ISAB ILIr1Y DETP P-MINATION
Determinations of the existence and service connection of a disability shall be made in accordance
with the Florida State Workers Compensation INct 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. rI'he County reserves the right under the provisions of this Section to specify
the physician or surgeon or recognized practitioner to handle any and all service -connected disability
cases.
Disability detern'nation shall be made based on:
1. �kll facts in the service history of the case.
r
?. `11-ie fu-idings of the medical examiner assigned by the Workers Compensation carrier.
Effective January 1, 2012 DRAFT 48 of 77
3. Such evidence as the employee rnay 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 servicew-connected, unless such a
presumption exists as a matter of law.
6 Any condition which is self-inflicted or caused by another person for reasons personal to
the employee and not because of his employment shall not be considered as disability under
this provision.
D. WORKERS COMPENSATION C tzkIMS
1. It is the responsibility of the employee to report any and all job related injuries to his or her
immediate Supervisor as soon after the injury occurs as possible. All Notice of Injury must be
reported to worker's Compensation office.
It is the responsibility of the Supervisor to file a Notice of Injury Form and Supervisor's
Report with the Employee Benefits Section, as soon as possible. A fine of $500 will be
assessed against the County by the State of Florida for a claim that is not filed on a timely
basis. The Notice of Injury Form must be complete.
2. An employee who sustains a Job -related injury resulting in disability that is compensable
under the workers Compensation Law, Chapter 440, Florida Statutes, shall Dave a seven (7)
calendar day waiting period before Workers Compensation Benefit payments begin. Luring
this waiting period, an employee may elect to use sick leave, annual leave, or documented
compensatory time to receive normal salary.
3. Time spent obtaining medical treatment after seven (7) day waiting period related to the
workers compensation injury will be paid for by the employing department and will not be
charged against the employee's sick, annual or other accrued hours. The employee shall
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 Compensation
payments would begin at a rate of 66 2/3% of the employees gross salary, computed on their
average weekly gage for 13 weeks prior to the date of injury, in accordance with the workers
Compensation Law.
5. If disability continues into the mventyw-first (21st) calendar day, the employee will receive
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 the
books, based percentage wise on workers Compensation Benefits paid.
6. After seven (7) calendar days, the disabled employee will continue to receive Workers
Compensation benefit payments every two weeks until their Physician releases them to return
to work.
Effective January 1, 2012 DRAFT 49 of 77
7. If requested by the employee, a review of the case will be made by a committee composed
of a representative of the Human Resources and/or Employee Benefits offices and the
employee's Department Head, and a written recommendation may be made to the County
��dn istrator that the employee be allowed to use annual leave, sick leave and/or approved
compensatory time in an amount necessary to receive a salary amount that will supplement
their Workers Compensation payments up to the total net salary received prior to the
disability. In no case shall the employee's salary and Workers Compensation benefits
combined exceed the amount of their regular salary payments.
If the Workers Compensation absence is designated as FML1-, leave, the employee wi l not be
allowed to use annual leave, sick leave and/car approved compensatory time to supplement
leave, in accordance with Department of Labor rules.
S. The disabled employee wi l continue to accrue both sick leave and annual leave during the
period of disability.
9. �kn employee placed on }fight -duty by his or her physician, may enroll in the Light -Duty
Program as written in Administrative Instruction 8002.
10. When an employee on Workers Compensation can no longer perform his/her normal job
duties, he/she may be separated from employment, if approved by the [County Administrator,
I
n accordance with the laws of the State of Florida governing Workers Compensation and
these policies and procedures.
8.03 PREGNANCY, 1\1��TERNITY AND CHILD CARE LEAVE
A. PREGNANCY
1. An employee who knows in advance that he/she intends to request Maternity or Child Care leave
shall notify, in writing, their Department Head or Supervisor at least thirty (30) days prior to the
requested time of leave. Eligible employees shall submit a "Family and Medical Leave zkct Leave
Request" form (see Section 8.05)
2. An employee whose duties may be considered hazardous enough to cause the employee to become
medically disabled anytime during the pregnancy will be required to furnish medical evidence of her
fitness to continue in the performance of her duties beyond that time. A Department -lead may
request this determination at any time he/she deems necessary for the health or welfare of the
employee.
3. A pregnant employee may continue her employment as long as she is able to properly perform the
required duties of the job, and these duties are stated in writing by her physician to be .non -hazardous
to the employee and the unbon-1 infant.
B . �LkTERN1TY I,E.�kV E
1. Disabilities arising out of pregnancy, childbirth and recovery there from, shall be treated the same
as other temporary, non -job -connected disabilities in terms of eligibility for use of sick leave, annual
leave, or leave of absence.
I. ,k regular employee who has completed the standard probationary period may request a maternity
leave of absence without pay for childbirth, recovery and child -rearing following birth of up to six (6)
Effective January 1, 2012 DRAFT 50 of 77
months after all accrued sick and annual leave has been used. Such approval is subject to scheduling
and work load requirements. The County reserves the right to require employee(s) to return to work
when it is no longer medically necessary to be away from their job, if work load and scheduling
requirements require the employee's return in accordance with the Family and Medical Leave Act.
3. Any such leave must be requested in advance and approved by the applicable Department Head
and the Division Director, who may approve the length of said leave based on workload, scheduling
and the employee's physical ability to return to work.
4. An employee approved for maternity leave shall be ehgible to return to work at any time during the
leave of absence upon presentation of medical certification indicating that she is able to satisfactorily
perform her original duties.
5. An employee returning from an approved maternity leave of absence shall resume her duties in the
position held prior to childbirth or a similar position with like pay.
6. An employee who fails to return from an approved maternity leave of absence shall be considered
to have abandoned her position and shall be ternzated from the County Service, unless proper
resignation procedures are followed.
C. C:HII..D CARE LEAVE
Child Care Leave is an absence available to eligible employees under the Family Medical Leave ikct for
up to 12 weeks (see Section 8.05).
8.04 LEAVE OF ABSENCE WITHOUT PAY
A. EDUrCATIONIUL 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. I..eaves of this type shall not normally exceed twelve (12) months; however, the Division Director
may approve an extension of such leave if an individual case is justified and approved by the County
Administrator.
B. PERSONAL LEAVE
1. If recommended by the Department Head and the Division Director, an employee with at least
twelve (12) months of satisfactory service may be granted leave without pay for reasons other than
those stated in the previous paragraphs for a period not exceeding six (6) months; provided the
County- Administrator deems such leave to be justified, and not detrimental to the operations of the
Department.
C. SCHEDULING AND APPROVAL OF LEAVE OF ABSENCE WI'rHOLTT PAY
1. All leave of absence without pay tmst be approved in advance. 'Fhe employee shall 0 out the
Leave Request Form and submit it to the Department Head for approval. The Department Head
will submit the approved form to the Division Director for approval. . :k completed copy of the
Effective January 1, 2012 DRAFT 51 of 77
Leave Request Form will be forwarded to the Payroll Department along with the Employee's
Time Sheet whenever possible and a copy placed in the employee's official personnel file.
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
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 (;aunty Administrator.
D. LEAVE OF ABSENCE - G ENER-M, PROVISIONS
1. RETURN FROM LEAVE OF ABSENCE
An employee returning from approved leave shall be entitled to employment in the same
Department and the same or equivalent classification wherein employed when said leave
began, provided the employee is physically capable of performing the required duties, and that
there is such a vacant and budgeted position available.
2. EFFECTIVE DATE
Leave of absence shall be effective the first date of approved absence and shall continue
through the last date of approved absence.
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.
b. Wage Increases - The time during which an employee is on leave without pay may not
count toward eligibility for wage increases. Nor may an employee receive any wage increases
while on leave without pay; unless special approval is obtained from the County
Administrator.
c. Employees on an approved leave of absence without pay that is covered under the Family
and Medical Leave Act will not lose the benefits that the employee earned or was entitled to
before using FM1,,A leave.
E. INSURANCE COVERAGE WHILE ON LEAVE OF ABSENCE
1. The County will continue to maintain group insurance benefits for employees while on approved
paid leave status.
2. Employee Coverage - In most cases the County will not maintain Group/Health insurance benefits
for employees on leave without pay status, except in the case of debilitating/catastrophic illness, of the
employee or member of the immediate family for which the care of that family member is the
responsibility of the employee. In accordance with 8.04 (C), the Division Director shall approve the
absence and communicate with the Employee Benefits C:ornmittee. The Employee Benefits
Committee is comprised of the County Administrator, the Employee Services Director and the Sr.
Administrator, Benefits. The C:omnlittee will review each case to determine whether employee
coverage should be maintailied 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 weeks of insurance benefits as stated.
1n Section 8.05.
Effective January 1, 2012 DRAFT 52 of 77
If leave extends beyond the maximum alloyed period of six months and is on a non -paid status, said
employee must make monthly premium. payments for themselves i11 order to continue health
insurance coverage. Failure to make payment(s) on a timely basis will result in termination of
coverage.
3. Dependent Coverage - %Monroe County employees elect dependent coverage under a group plan at
their own expense_ Monroe County uses the bi-weekly pay roll deduction system for payment of
dependent coverage premiums for employees. However, if for any reason an employee is not due to
receive a paycheck in an amount sufficient tc1 deduct said premium, that employee is responsible for
ma"-ig the premium payments to the employee Benefits Section in accordance with their payment
schedule. As long as an employee is in good standing, as in the case of approved leave without pay
status, he or she may make premium payments and coverage will remain in effect. Failure to make
payments on a timely basis may result in termination of coverage.
4. Extension of Group Insurance benefits will be awarded in accordance with the Consolidated
Omnibus Budget Reconciliation Act (COBRA), effective October 1, 1986. Information regarding this
Act is available in the Employee Benefits Section.
8.05 EXMILY AND MEDICAL I_,Ey-kVE OF ABSENCE(FME-kFAMILY AND MEDICAL LEAVE ACT OF
1993.
1,� 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 Uanuary -- December) (#1, 2, 3, and 5) or a
combined total of ?6 weeks of leave (for #4)-during the calendar year to care for:
1)- The employee's newborn child or child placed with the employee for adoption or
foster care (leave must conclude within 12 months of placement and may be taken by
either parent);
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
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.
If the employee is requesting FNfLA qualifying leave, all accrued sick and annual leave must be taken first. Paid leave
so taken will be counted against the employee's total FMLA leave entitlement. The employee will be notified that
paid leave will be counted as FNILA leave within five (5) business days of making that determination. The notice
will be confirmed in writing to the employee on or before the following payday.
A. ELIGIBILITY
To be eligible, an individual must have been employed at Monroe County:
- For at least 12 months, and
- For at least 1,'150 hours of service during the 12 month period immediately preceding
the leave.
Effective January 1, 2012 DRAFT 53 of 77
Subsequent eligibility will be cleterrill ecl by looking back to the beginning of that calendar year from the first clay of a
new I{ i%-fl�A leave period which is requested by the employee. FNfLA leave may not exceed twelve weeks during the
calendar rear or a combined total of 26 weeks. ::fin eligible employee shall be entitled to a combi'zecl total of ?6 work
weeks of leave for family, medical and/or service member leave. Husbands and wives working for the same employer
are only granted a combined 1.2, weeks of leave; however, both spouses may each take l ? weeks to care for a child
with a serious health conchtion.
The determination of whether an employee meets the tninimum service and hour requirements of the FNfI�k must be
made by Monroe County as of the date the leave commences, and iMonroe County will advise the employee whether
he or she is eligible with five (5) business clays after making a cletertll ation of eligibility.
B. PROCEDURES
A "Request for Family and Medical Leave of Absence" form should be completed by the employee as part of the
notice and reporting requirements. The employee shall notify the Department Supervisor of the need for leave either
verbally or by completing the FMLA form. (In any event, the employee shall fill out a Leave Request Form in
accordance with the County's Policies and Procedures in order to request leave.) After completing the form in detail
and signing it, the employee or Supervisor must submit it to Human Resources for approval. Notification shall be
given at least thirty (30) clays in advance of the effective date of the requested leave if the need for leave is foreseeable.
The "Certification of Health Care Provider" form must be completed and signed by the health care provider. Failure
to have the form completed may result in a delay for the approval of leave.
C. BASIC REGULATIONS AND CONDITIONS OF LEAVE
1. Monroe County will require the employee to fill out a request for Family and Medical Leave of Absence form that
incluclecl the "Certification of Health Care Provicler" form supporting the need for leave clue to a serious health
conchtion affecting the employee or employee's spouse, child, or parent or next of kin in the case of service metnber
family leave.
2. Monroe County may, at its own expense, require a second medical opinion and periodic re -certification. If the
first and second medial opinions vary, Monroe County may, at its own expense, require the binding opinion of a third
healthcare provider, approved jointly by Momoe County and the employee.
3. If medically necessary, such leave may be taken intermittently or on a reclucecl work schedule. If FMLA leave is
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
Aclm-inistrator based on a medical certification proviclecl with the Family iMedical Leave of Absence Form.
4. When husband and wife are both employed by Monroe County, together they are entitled to a total aggregate of
twelve weeks of Family Leave or a combined total of 26 weeks for service member leave.
5. Employees requesting FMI�k qualifying leave will be requited to substitute paid vacation and sick leave for all or
party of any (otherwise) unpaid FMI.,A leave.
6. While on any unpaid part of an FNILA qualifying leave, no time will be accrued by the employee. Capon return to
work, leave will accrue based upon established policy.
D. DESIGNikTION OF LEI�VE
Effective January 1, 2012 DRAFT 54 of 77
Monroe County shall designate an employee's absence toward the employee's 12-week F'NILA 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 FMIA 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 entitlinig employees to workers' compensation frequently qualifies as serious health conditions for purposes of
Fi%iL-k leave eligibility. Nfonroe County shall count an employee's workers' compensation absence toward the
employee's 12-week FNILA entitlement as stated above. If it is found that the absence does not qualify under the
F-MEN, Monroe County will withdraw the designation with written notice to the employee.
E. EMPLOYEE NOTICE AND REPORTING R E UIRENIENTS
1. When FNMI-A 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 FTNILA
regulations, "as soon as practicable" means within one or two working days of leaf-r ng of the need for leave, except
in extraordinary circumstances.
3. If an employee fails to satisfy the thirty (30) day notice without reasonable excuse, Monroe County may, at its
discretion, postpone the leave until the notice requirement is satisfied.
4. The employee may be required to submit periodic reports dining 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 Ills
or her immediate supervisor.
F. HEALTH BENEFI`IiS DURING LEAVE OF ABSENCE
I. Monroe County will continue group health coverage for an employee on leave at the same level and under the
same conditions that existed while he or she was working. The employee must pay the dependent coverage premium
for any unpaid leave. Payment for dependent coverage must be received in the Group Insurance Office every payday
in order to continue coverage. Failure to pay dependent coverage during this unpaid leave will result in termination
of coverage.
2. In the event that the employee does not return to work at Monroe County following FMEA leave, the employee
can be required to reimburse Monroe County for health insurance premiums paid to continue the employee's health
coverage during FNIEN leave, unless the employee is unable to returns to work due to a continuation, recurrence, or
onset of a serious health condition that would entitle the employee to FMLA leave or other circumstances beyond the
employee's control.
Questions regarding the FNTI..1A should be addressed to the Human Resources office.
8.06 DOMESTIC OR SEXUAL VIOLENCF=1 LFi1AVE
Defiizitions:
"Domestic Violence" meads 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 of household member.
"Sexual Violence" is sexual battery, or lewd or lascivious acts committed on, or in the presence, of, someone under
the age of 16; or luring or enticing a child; or sexual performance by a child; or any other forcible felony involving a
sexual act, regardless of whether critrninal charges were filed, reduced or dismissed.
Effective January 1, 2012 DRAFT 55 of 77
Employees are permitted to request and take leave in connection with domestic or sexual violence udder
J
certain circumstances. This applies to employees who have been employed for 3 or more months.
Eligible employees can take tip to 3 working days of leave in any 1. 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
or sick leave when available to cover this leave. This leave applies if the employee is:
-Seeking an injunction for protection against domestic violence or an injunction for protection in cases of
repeated violence, dating violence or sexual violence;
-Obtaining medical care or mental health counseling, or both, for the employee or family or household
member 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 sexual
violence shelter or program or a rape crises center as a result of a domestic or sexual violence act;
-Making the employee's home secure from the perpetrator of the domestic or sexual violence or to seek new
housing to escape the perpetrator; or
-Seeking legal assistance in addressing issues arising from the domestic or sexual violence or attending and
preparing for court -related proceedings arising from the domestic or sexual violence.
Except in cases of invninent 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 by
policy (see Section 7.01 C(2) and 7.02 Q along with sufficient documentation of the domestic or sexual violence act
as required by the employer.
All information relating to the employee's leave for domestic or sexual violence must be kept confidential.
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STAND- RDS OF EMPLOYMENT, DISCIPLINARY � CTION
AND APPEALS
SECTION 9
9.01 INTENTION
It is the intention of the Board of County Connxnissioners that effective supervision and employee relations
will avoid most matters which necessitate disciplinary action. The purpose of rules and disciplinary action for
violating such rules is not intended to restrict the rights of anyone; but to ensure the rights of all, and secure
cooperation and orderliness throughout the County Service. For muzor, non -serious offenses, whenever
possible, the administration of discipline will be characterized as constructive, corrective and progressive.
9.02 RESPONSIBILITY FOR ADMINISTRATION
It shall be the responsibility of the County Administrator, in cooperation with Division Directors and the
Board of County Con-irmssioners to assure that disciplinary action is fair and consistent throughout the
County Service.
9.03 STANDARDS OF EMPLOYMENT
For the protection of Monroe County government and each employee, the following rules for personnel
conduct have been established. The list includes, but is not limited to, reasons which may require disciplinary
action, up to discharge. A violation of any reasonable standard of employment, whether or not specifically
listed herein, will result in appropriate disciplinary action, which may include discharge for the first offense,
depending upon the seriousness of the offense.
A. willful or repeated violations of County, State or Federal law or of these policies and procedures.
B. Insubordination - Refusal to respond to authority's reasonable request(s) or instruction.
C. Misconduct - Behavior not conforming to prevailing standards - Misconduct may include, but is not
limited to the following: Fighting or inflicting bodily harm on another person, gambling, dangerous horseplay,
being under the influence or possession of illegal drugs or alcoholic beverages, immoral behavior, smoking in
restricted areas, any violent act or language which adversely affects morale, production, or maintenance of
discipline. Rudeness or acts of disrespect to members of the public, supervisors, or other employees; on duty
or off duty. 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
employer/employee relationship (on duty or off duty) .
E. Conviction of (or a plea of nolo contendere in connection with) a felony or gross misdemeanor, or
conviction of a misdemeanor or ordinance violation involving moral turpitude.
F. Theft or pilfering - Possessing, unauthorized use of, taking, removing, destroying or tampering with
County property without proper authorisation.
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G. Fraud or Dishonesty - Falsification of County documents or records or failure to give complete
information for personnel records. Intentionally making false statement either oral or written about the
County, other employees, supervision, oneself or work situations.
H. ,-.bsenteeism or Abuse of Sick Leave - Habitual or excessive absence from work, or failure to return to
work promptly upon expiration of leave or vacation. Excessive absences, even if caused by a legitimate
illness, seriously impairs the County's operations, and such absences may be grounds for separation.
I. Tardiness - Failure to report to assigned work station on or before the scheduled starting time.
J. Leaving Assigned Mork Area - Except for emergency reasons or with the Supervisor's approval, employees
are not to leave their assigned work area.
K. Misuse of rIiime - Sleeping or other acts of inattention or neglect of duty. Unauthorized sale of articles or
services, distribution or posting of literature, canvassing, polling or petitioning.
L. Abuse of County Policies and Procedures - Misuse or abuse of established County policies such as
vacation, leave of absence, excused absence, sick leave, or any rule, regulation, policy or procedure.
M. Safety Violations - Unauthorized possession and/or use of weapons, ammunition or explosives. Failure
to observe County and general safety practices and regulations. Neglect in the safety of others or the
committing of unsafe acts in the use and care of County property or equipment.
N. Illegal driving - Driving private or County vehicle while on County business when not possessing a valid
Florida and County driver's permit or liability/ insurance, in accordance with the Monroe County Safety
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
reasonable trial and training period.
Q. Discrimination in Employment - Discriminating against an employee or an applicant for employment
because of race, color, national origin, sex, religion, creed, sexual preference, handicap or age as defined in
State and Federal laws.
R. Acceptance of unauthorized compensation.
S. Misfeasance - rI"he doing of a lawful act in an unlawful or improper manner so that there is an infringement
on the rights of another.
' i. Smoking — Smoking of tobacco products is prohibited in all Monroe County owned or occupied public
facilities (buildings), vehicles, elevators, meeting rooms, hallways, corridors, lobbies, water fountain areas,
stairwells and entry -ways.
9.04 DISCIPLINARY :-�C TIONS
Disciplinary actions are a means of calling employees to accountability, for some act of commission or
onussion 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
Effective January 1 r 2012 DRAFT 58 of 77
employees should be made aware that a system of discipline exists for the benefit of all, and will be
administered without favor for the sake of orderliness and proper compliance with reasonable rules and
regulations pertaining to conduct and the performance of work.
When it is necessary that disciplinary action be taken, the degree of action shall be based on the following
considerations:
1. There can be no mechanical formula for the application of discipline. each instance of misconduct
or deficiency must be viewed and judged individually. For most lesser or first minor offenses, oral or
written reprimand shall be appropriate discipline.
2. When applicable, discipline for employees who commit multiple non serious offenses of a like or
different nature shall be more progressively stringent until the employee corrects the deficiency, or
failing this, discharge is considered to be necessary.
3. Department, Division Directors, the County Administrator, their Deputies and others occupying
positions of high trust and authority will be held to higher disciplinary and ethical standards than that
of other employees. Therefore the rules of progressive discipline for violations of Personnel Policies
and Procedures, and/or State and Federal Statutes may not be applicable.
4. Disciplinary actions shall be severe enough to constitute a reasonable attempt to bring about
correction.
5. Acceptable disciplinary actions shall be oral warning, written warning, written reprimand,
suspension (with or without pay), discharge, and in some cases demotion, depending on the offense.
G. Discharge for continued commitment of non serious, minor offenses shall be resorted to only
when sufficient other efforts to bring about correction have failed, or when the offense is sufficiently
serious in and of itself to warrant termination.
7. In determining the appropriate disciplinary action to be imposed against an employee, the County
-Administrator will consider, at a Minimum) the following factors:
a. 'Fhe seriousness and circumstances of the particular offense.
b. The past record of the employee and his length of service.
c. The lapse of time since the employee last received a disciplinary action.
d. The County's practice in similar cases.
9.05 -A THORIZATION FOR DISCIPLINARY... -ACTION
TION
A. All written reprimands, suspensions and recommendations for suspension or discharge actions must be
approved by the Department Head and the Division Director and the letter concerning the action must be
forwarded n' ninediately to the Human Resources office for review, and then approved by the County
Admi. iistrator or his designee.
B. In case of a recommendation for discharge, the employee may be suspended pending approval of
discharge by the County Administrator.
Effective January 1, 2012 DRAFT 59 of 77
C. Disciplinary actions applied to Department Heads or Division Directors may be initiated by the County
Administrator.
9.06 ORAL W-Al-NM G
An oral warring is given to ail employee to take reco�m'tion of a violation of County policy, rule, regulation,
standard or of an unsatisfactory habit, practice or act which, if repeated or continued, will subject the
employee to a more severe disciplinary action. The oral warning should be noted in writing, a copy of the
notation placed in the employee's official personnel file, specifying the nature of the warning and the date
given.
9.07 WRITFEN RF PRINIA D
A letter of reprimand constitutes formal action against an employee for more serious types of violation of
County rules or standards of employment, or where less stringent actions have not been successful in
correcting a deficiency. The letter of reprimand must identify the offense or deficiency and the correction
required.
A letter of reprimand can be used to impose restnctlons on an employee, such as attendance, conduct or
special procedures to be followed. Restrictions so imposed shall be reviewed periodically and be removed,
modified, or continued with a follow-up letter. A copy of all letters should be placed in the employee's official
personnel file within 15 days of writing, whenever possible.
9.08 DEMOTION
Whenever it becomes apparent that an employee can no longer efficiently perform any or all of the duties and
responsibilities of his or her position, or when it is otherwise deemed to be M the best interest of the County,
an employee may be demoted. A demoted employee shall be notified by the County Administrator or his
designee at the time of demotion of the specific reason for the action and correction expected, if any. Such
notification shall be given the employee in writing. A copy of the notification will be placed in the employee's
official personnel file along with a written report on all appropriate information concerning the action.
An employee may be reclassified to a different title and/or pay grade at any time the County -Administrator
deems appropriate. A temporary reclassification does not constitute a demotion, nor does a change in title
and/or pay grade which results from an evolution into a reduction of duties and/or responsibilities.
9.09 SUSPENSION
1. An employee may be suspended with or without pay by the Department Head and/or Division Director
with the approval of the County Administrator. ,fhe employee must be notified in writing of the suspension
period and citing the reason for the suspension.
?. Nn employee may be verbally suspended with or without pay by a Supen-r*sor for the balance of a work
shift, or a longer period of time if needed until the Department Head or appropriate authority can be
coiztacted, if the employee's conduct impairs normal working operations. "IThe Supervisor must then
report the incident to the Department Head, who with the approval of the Division Director must either
concur with, or cancel the action, in writing, to the employee citing the reason for the suspension, and
corrective action expected. Additional time of suspension inay be recommended by the Department
J
Head with the approval of the Division Director and the County Administrator at that w ne. A copy of
the suspension notification will be placed in the employee's official personnel file along with a written
report containing all appropriate information concerning the action.
Effective January 1, 2012 DRAFT 60 of 77
9.1 o DISCHARGE
Discharge is appropriate for first offenses of serious misconduct as well as repeated offenses of less serious
misconduct.
Sufficient documentation must be present to merit recommendation b�T the Department Dead and the
1
Division Director to the County iNdministrator for discharge of any employee.
9.11 PROCEDURE FOR IMPOSING DISCIPLINE
1. This procedure shall apply in cases where an employee may be subject to suspension, demotion or
term-tzation. Furthermore, this procedure shall not necessarily apply to contract employees, probationary
employees, temporary employees or grant employees.
2. when the County receives information that an employee has engaged in certain conduct which could
warrant disciplinary action (other than a verbal warning or written reprimand, which may be issued by the
appropriate Supervisor) the employee will be advised, in writing, that disciplinary action could possibly be
imposed against him/her.
3. The employee will be provided with a written statement of the charges including sufficient facts and
reasons therefore as will enable the employee to provide an explanation and/or defense. An employee against
whom disciplinary charges have been made will remain in pay status until such time as the County
Administrator renders his decision pursuant to paragraph 6(e), below. However, nothing herein shall preclude
the County Administrator, or other authorized personnel, from imposing immediate disciplinary action,
without advance notice, where it is believed by the person taking that action that giving such notice would
result in damage to the property of the County, would be detrimental to the interests of the County or would
result in injury to the employee, a fellow employee, or the general public. In such circumstances, said
employee will be given reasons for such action after it takes effect and thereafter will be entitled to utilize the
hearing procedure set forth in the following paragraphs.
4. The hearing shall be informal and shall not be in the nature of an evidentiary hearing. The employee may
bring an attorney or qualified representative to assist or advise him, but discovery, cross-examination, and
similar legal procedures are generally not permissible. An employee who wants to engage in discovery, cross-
examination, or other legal procedures must make an advance written application to the hearing officer. The
hearing officer's decision is final.
5_ The informal hearing will be conducted before a hearing officer who shall be:
a. A Division Director or the County Administrator where the employee charged is a Department
Dead;
b. "Me County iWtr inistrator or his designee where the employee charged is a Division Director; or
c. A Division/Department Dead 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.
G. The hearing will be informal and will be conducted as follows:
Effective January 1, 2012 DRAFT 61 of 77
a. �V least two working days prior to the hearing date, the employee shall provide the individual
conducting the hearing with a list of any witnesses or documents which the employee wishes to offer
at the hearing.
b. The employee may be accompanied by legal counsel of 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
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.
d. The hearing officer may consider any available documentation and may discuss the charges with
any witness he/she deems appropriate. The hearing officer shall decide what evidence -- either in the
form of witness testimony or documents -- may be introduced. Cumulative or irrelevant evidence will
not be permitted.
e. The hearing officer shall render a final written decision within ten (10) calendar days after the
hearing. In the event of extenuating circumstances, the final written decision may be extended beyond
the ten (10) calendar days upon mutual agreement of the Hearing officer and employee. Such an
agreement shall be provided in writing from the hearing officer to the employee in order to officially
document the agreement. The final decision shall advise the employee of whatever action, if any, the
hearing officer is recommending to be taken against the employee. The hearing officer's
recommendation will be forwarded to the County Administrator (through the appropriate Department
and Division Director, if applicable) . Disciplinary action (except for verbal warning and written
reprimand, which may be issued by the appropriate Supervisor) becomes final when approved by the
County Administrator.
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.
8. During the period between the first notice and the effective date of the action, the employee shall be
expected to perform his usual duties without disrupting fellow employees, or other persons, or the agency's
activities. If, however, it is deemed highly desirable or necessary that the employee not continue to perform
the same duties in the same location during this period, the County may temporarily assign the employee to
other duties.
9.1.1. POSSESSION of WEAPON OR F IREAIRL%i4
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 AdnA' istrator must be obtained.
9.13 INDIC`IMENTS X PROSECL.. 1'.1()RRESTS
4 See Florida Statutes 790.251
Effective January 1, 2012 DRAFT 62 of 77
I�mplo�rees who are arrested,
It is the responsibility, of Monroe County to maintain a proper workforce.
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
have on his or her employment with the County, wl_.ch may result in disciplinary action. If the employee is
tried and found guilty and the conviction is not reversed he or she may be ternmated from his or her position
in the Counter Service.
9.14 FAILURE TO COOPERATE IN A 013-RELATED INVES-14GATION
I. As a condition of employment, any County employee may be required, upon due notice, to cooperate with
respect to any job -related hearing or investigation scheduled by the County, or any person, cotntmssion, board
or body authorized to act on its behalf. `IYhis duty of cooperation also extends to any "outside" agency, body
or court of law with respect to any job -related matters.
2. Any employee who refuses to appear at any such hearing or inquiry, or who having appeared fails to
answer questions related to the performance of their 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 fie a timely appeal shall result in the forfeiture of all right to challenge/grieve the
discipline. There shall be no appeals to the Board of County Commissioners and/or the County
Administrator.
Effective January 1, 2012 DRAFT 63 of 77
EMPLOYEE COMPLAINT/G RfEVA NCE PROCEDL RF'
SECTION 10
10.01 COINiI'I-.,,!, INT/C�RIEVANCI S
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 or
termination -- See 10.01 F . Failure of the grieving employee to follow the time limits will automatically result
in a final and binding denial of the grievance. If the County does not follow the time limits, the appropriate
County official will be deemed to have denied the grievance and it may proceed to the next step.
A. Ste 1: The aggrieved employee shall present his/her grievance orally or in writing to his or her
Supervisor within fifteen (15) working days of the incident to be grieved. Discussion will be informal for the
purpose of resolving differences in the simplest and most direct manner. The immediate Supervisor shall
consult with the Department Head, reach a decision, and communicate that decision orally or in writing to the
aggrieved employee within ten (10) working days from the date the grievance was presented to him or her.
Supervisors are not empowered to make policy decisions.
B. Step If the grievance is not resolved in Step 1, the employee shall reduce the grievance in writing, sign
it, and present it to the Supervisor. The Supervisor shall attempt to resolve the issue(s) concerning the alleged
grievance within ten (10) working clays of the receipt of the written grievance. Should the grievance still not
be resolved at this point, it shall be presented to the Department Head for review. The Department Head
shall confer with the immediate Supervisor and they shall attempt to obtain the facts concerning the alleged
grievance, and within ten (10) working days of receipt of the written grievance, answer the employee in writing
or schedule a meeting with the employee. If a meeting is held, the Department Head shall notify the
aggrieved employee in writing of his or her decision, no later than ten (10) working days after the meeting.
T`he meeting may be rescheduled by the Department Head for a valid reason.
C. Step 3: If the response from the Department Head is not satisfactory, the employee may present the
grievance form to the Division Director, who may confer with anyone he/she deems appropriate to obtain
the facts concerning the alleged grievance, and within ten (10) working days of receipt of the grievance,
schedule a meeting with the employee. The Division Director shall notify the aggrieved employee in writing
of his/her, decision no later than ten (10) working days after the meeting.
D. Ste 4: If the response from the Division Director is not satisfactory, the employee may bring the
grievance form to the Human Resources office, for review before the Employee Grievance Council. This
Council twill provide an additional avenue for the employee to pursue in the processing of appropriate
complaints or grievances. By the establishment of the Employee Grievance Council, the employee whose
problem is not resolved by the Division Director , may have the opportunity* appear before this Council of
peers and present his/her case. The Employee Grievance Council is empowered to call all necessary*
witnesses before them and to subsequently make their recommendations concerning disposition to the
County Administrator. The decision of the Council is not binding; final determination twill be made by the
County Administrator. (Please refer to .Monroe County ::Ndministrative Instruction 4714 for rules and
procedures governing the Council.) The County- Adm�tnistrator shall furnish a copy of his decision to the
aggrieved employee within fifteen (15) working days of receipt of the Councils recommendations).
E. any complaint/grievance involving matters that pertain to the Personnel Policies and Procedures may be
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
Effective January 1, 2012 DRAFT 64 of 77
appropriate by a mma jority of Council members, the Human Resources office will schedule the airing of the
C-'jrievance at the earliest convenience. The Council is empowered to call all necessary witnesses and male a
recommendation concerning disposition to the C".ounty Adn inistrator whose decision is final.
F. This Procedure does not apply to an individual who has been suspended, discharged, received a reduction
in pay or demoted. Such individuals shall appeal in accordance to Section 9.15 hereof.
Gs If an employee does not answer to a Department Head and/or a Division Director, the Human Resources
office will assist the employee in moving through the appropriate steps of this grievance procedure.
H. The by-laws governu-ig the establishment and operation of the Employee Grievance Council may be
reviewed in Admitzistrative Instruction 4714.
I. If the grievant feels the issue has not been satisfactorily resolved, tl-le employee may appeal to the County
i dministrator.
Effective January 1, 2012 DRAFT 65 of 77
SEPAR�VFI CANS
S ECJTION I I
11.01 RESIGNATIONS
A resignation is defined as an action whereby an employee voluntarily leaves the County Service with or
without the giving of notice and/or as any employee conduct which is stated herein to constitute a
resignation_ An employee wishing to leave the County Service in good standing shall file with the Department
Head a written letter of resignation stating the date and reasons for leaving, 14 calendar days prior to the
effective date of resignation. Failure to comply with this requirement may be cause for denying such
employees re-employment rights and payment of unused leaver Unauthorized absences of three (3) days or
more may be considered a resignation.
11,02 ENYOFFS
Should it become necessary to abolish a position or reduce the number of County employees because of lack
of work, shortage of funds, re -organized and transferred functions to an existing County employee, or for
other legitimate reasons, the County Administrator/ Board of County Conimissioners may lay off as many
employees as required, after two weeks notice. There shall be no appeal except the internal grievance
proceedings. No regular employee shall be laid off while there are temporary or probationary employees
serving in the same class in the same department. Such laid off employees shall be given priority 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.
11.03 RETIREMENT
Employee benefits upon retirement will be based upon the regulations of the State and County Government,
Employees Retirement System Law, Social Security Act, and any other provisions which may be in effect at
the tome of retirement.
11.04 DISCHARGES
A discharge occurs when an employee has been involuntarily separated from County Service, usually for
cause. Employees discharged for disciplinary reasons may not be eligible for re -hire and may lose all seniority
and reinstatement privileges.
I I.o5 EXIT INTERVIEWS
It is the desire of the County to determine why good employees leave the County Service. An exit interview
program has been established for the purpose of determining the causes and possible solutions of turnover
a rnong County personnel.
If an employee wishes, he or she may request an exit interview with Employee Services by contacting the
Human Resources office. The Employee Services Division Director or County )administrator may also
request an interview with an employee who has made known his or her intention to leave the County Service.
The information obtained during the interview will be used solely for the purpose of identifying or solving
problem areas and will not become part of the employee's personnel record unless authorized in writing by
the employee.
SOLICIrI'ING
Effective January 1, 2012 DRAFT 66 of 77
SE'_aC__"'1'ION 12
I22.01 SOLICITI G-
1. No employee shall be permitted to solicit any other employee during working time. Forking time means
the time when either employee (solicitor or solicitee) is on duty and not on an authorized break or meal
period.
2. No employee shall be permitted to distribute leaflets, notices or other materials, or pass petitions during
working or non -working time in work areas. Such distribution can take place only in non -work areas and
during non -working time.
3. No non -employee shall be permitted to enter County premises or property at any time for the purpose of
soliciting employees or distributing or posting any written, printed or other material. Rules and procedures
regarding the use of county facilities can be obtained from Human Resources, Facilities Maintenance or the
County Administrator's office.
4. Limited exceptions to the above rules may occur but only upon application to and approval by the County
Adn itlistrator such as In instances where contracted county vendors wish to make presentations, train or
educate the workforce (i.e. Employee Assistance Program, Health Insurance Providers, etc.).
5. It is intended that the above rules shall be interpreted and applied in accordance with applicable law.
Effective January 1, 2012 GRAFT 67 of 77
EMPLOYEE PERFORNL-k CE EV,--LUATfOILS
SECTION 13
13.01 POLICY
1, ll Departments shall evaluate the performance of all employees on an impartial basis usi lg standard
evaluation forms and the Employee Performance Appraisal Handbook provided ill Administrative Instruction
4003.
13.02 PURPOSE
Employee performance evaluations shall be used for, but not limited to, the following purposes:
A. To inform the employee of strong and weak points in his performance, as well as training needs and
improvements expected.
B. To recognize the employee's potential for promotion.
C. To determine the employee's eligibility for merit salary advancements.
D. To provide a record of past performance.
E. To assist in determining the order of layoffs and reinstatements.
13.03 PROCEDURES
,zk. Each employee shall have leis performance evaluated on a periodic basis as outlined in the Performance
Appraisal Handbook
1. AR performance evaluations shall be made by the employee's immediate Supervisor (with input
from anyone deemed appropriate by the Supervisor) and reviewed by a higher level Supervisor
whenever possible. The immediate Supervisor's final evaluation shall not be changed by higher level
Supervisors; however, reviewing Supervisors shall certify that they reviewed the ratixlg and may attach
any written comments they deem appropriate concerning the evaluation.
2. Department Head may authorize an evaluation at any time lie or she deems appropriate.
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.
B. If an employee receives a below satisfactory rating in any category, the immediate Supervisor shall work
with the employee In an effort to assist him/her itl improving job performance. Such employees, if retained
by the department, shall have their performance re --evaluated in the category(s) which do not meet
performance standards.
Effective January 1, 2012 DRAFT 68 of 77
EMPLOYEE � INSUR-ANCE COVERAGE
SECTION 14
14.01 COVERAGE
All full--tinne, regular employees are covered by life and accidental death and dismemberment insurance paid
for by the County. The amount of such insurance is determined by the Board of County Commissioners.
Group hospitalization insurance coverage for full --time employees is paid for by the County at a rate approved
by the Board of C].onlmissioners. Dependent coverage will be available for those eligible at group rates, paid
for by the employee.
The County may change its benefit program at any time, for example, by adjusting benefits, changing
employee contributions, changing deductibles, and/or selecting other insurance carriers.
14.02 DEFINITIONS'
A. Domestic Partners. "Domestic Partners" are two adults who have chosen to share one another's
lives in a committed family relationship of mutual caring. Two individuals are considered to be
Domestic Partners if:
1. they consider themselves to be members of each others' immediate family;
2. they agree to be jointly responsible for each other's basic living expenses;
3. neither of them is married or a member of another Domestic Partnership;
4. they are not blood related in a way that would prevent them from being married to
each other under the laws of Florida;
5. each is at least of the legal age and competency required by Florida law to enter into
a marriage or other biding contract;
G. they must each sign a Declaration of Domestic Partnership as provided for in
Section 14.03;
7. they both reside at the same residence.
B. Joint Responsibility for Basic Living Expenses. "Basic living expenses" means basic food and
shelter. "Joint responsibility" means that each partner agrees to provide for the other's basic living
expenses while the domestic partnership is in effect if the partner is unable to provide for him or
herself. It does not mean that the partners must contribute equally or jointly to basic living
expenses.
C. Competent to Contract. "Competent to Contract" means the two partners are mentally competent
to contract.
I). Domestic Partnership. "Domestic Partnership" means the entity formed by two individuals who
have met the criteria listed above and file a Declaration of Domestic Partnership as described below.
E. Declaration of Domestic Partnership. "Declaration of Domestic Partnership" or "DDP" is a form
provided by the Human Resources Director. By signing it, two people swear under penalty of
perjury that they meet the requirements of the definition of domestic partnership when they sign the
statement. The form shall requite each partner to provide a mailing address.
3 Resolution 081-1998
Effective January 1, 2012 DRAFT 69 of 77
F. Dependent. "Dependent" means an individual who lives within the household of a domestic
partnerslu'p and is:
1. A biological child or adopted child of a domestic partner; or
'. �k dependent as def-ned under County employee benefit plan document.
3. A ward of a domestic partner as determined in a guardianship proceeding.
G . Employee means an employee of the Board of County Commissioners, the consti Litional officers or
the Mosquito Control Board, except where the context is otherwise.
14.03 ESrI`ABLISHI G A DOMES"11C PARTNERSHIP
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
Director, or the employee partner may present a signed and notarized DDP to the Human
Resources Director. The DDP shall include the name and date of birth of each of the domestic.
partners, the address of their common household, and the names and dates of birth of any
dependents of the domestic partnership, and shall be signed, under the pain and penalties of penury,
by both domestic partners and witnessed (txvo) and notarized.
B. As further evidence of ttvo individuals being involved in a domestic partnership, ttvo of the
following documents must be presented along with the DDP to the Human Resources Director:
1. A lease, deed or mortgage indicating that both parties are joint responsible;
2. Driver's licenses for both partners showing the same address;
3. Passports for both partners showing the same address;
4. Verification of a joint bank account (savings or checking)
S. 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.
14.04 TERTMIN-zkTION OF A DOMESTIC PARTNERSHIP
A. A domestic partnership is terminated when:
1. one of the partners dies;
'), one of the partners marries; or
3. a domestic partner files a tern' ation statement with the Human Resources Director. A
domestic partnership may be terminated by a domestic partner who files with the Human
1
Resources Director by Izand or by certified mail, a termination statement. The person filing the
ternima do n statement must declare under pain and penalties of perjury that the domestic
partnership is terininated and that a copy of the termination statement has been mailed by
1
certified mail to the other domestic partner at this or her last known address. The person filing
the tern' ation statement must include on such statement the address to which the copy was
mailed.
B. The termination of a domestic partnership shall be effective immediately upon the death of a
domestic partner. 'rhe voluntary termination of a domestic partnership by a partner shall be
Effective January 1, 2012 DRAFT 70 of 77
effective thirty (30) days after the receipt of a termination statement by the Human Resources
Director. If the termination statement is withdrawn before the effective date, the domestic partner
shall give notice of the withdrawal, by certified mail, to the ether domestic partner.
C. If a domestic partnership is terminated by the death of a domestic partner, there shall be no
required waiting period prior to filing another domestic partnership. If a domestic partnership is
terminated by one or bath domestic partners, neither domestic partner may file another domestic
partnership until six (6) months have elapsed from effective termination.
D. It is the obligation of the employee domestic partner to notify the Human Resources Director of
the termination of a domestic partnership as soon as possible after it occurs.
14.05 H L? NZ_-kN RESOURCES DIRECTOR RECORDS
A. The Human Resources Director will keep a record of all employees DDPs, Amendments and
Termination Statements. The records will be maintained so that DDPs. Amendments and 'I`ermination
Statements will be filed to which they apply.
B. The Human Resources Director shall identify on the DDP what type of documents was presented for
further verification of the domestic partnership.
C. Upon determination by the Human Resources Director that the DDP is complete and that further
evidence of the domestic partnership has been presented as provided in Section 14.03 (B); the Human
Resources Director shall provide the employee with a copy of the DDP. The employee/domestic
partner shall become eligible to elect domestic partnership health and other employee fringe benefits as
provided in Section 14.06. It will be the employee's responsibility to notify the Employee Benefits
Section of their intent to enroll the domestic partner and/or any eligible dependents under the Monroe
County Employee Benefit Plan. Domestic partner/dependents enrolled in the Monroe County
Employee Benefit Plan are subject to the same rules and provision applicable to covered
spouses/dependents.
D. The Human Resources Director shall provide forms to employees requesting them.
E. The Human Resources Director shall allow public access to domestic partnership records to the same
extend and in the same manner as any other public record.
14.06 EMPLOYMENT BENEFITS
A. The County shall provide the same health and other employment fringe benefits to employees with
domestic partners as to employees with spouses. As used in this section, "employees" refers to
active and retired employees of Monroe County that are eligible for benefits pursuant to state law,
County Ordinances, County employment policies, and collective bargaining agreements.
B. The County shall provide health insurance and benefit coverage to an employee's domestic partner
as it does to an employee's spouse, and to the dependent's of an employee's domestic partnership as
it does to an employee's child(ren). An employee may opt to decline health insurance coverage for
her or his domestic partner, without foregoing the right to obtain health insurance coverage or her
or his domestic partner during a future open enrollment period.
C. Upon termination of a domestic partnership by an employee, the non -employee domestic partner
Health insurance and benefits lapses. If the employee domestic partner leaves employment with the
County, the health and benefit package of the non -employee domestic partner shall lapse on the
date that the farmer employee's insurance lapses.
D. Upon termination of a domestic partnership by the death of an employee, the surviving domestic
partner's health insurance and benefits coverage shall lapse as it would for the spouse of a married
employee, upon the death of such employee.
{ . Board of County Commissioner employees shall be granted a leave of absence, with pay, for the
death of a domestic partner or family member of a domestic partner to the same extent as for a
Effective January 1, 2012 DRAFT 71 of 77
spouse or family member of a spouse. Use of the term "in-law" in employee handbooks shall
include the relatives of a domestic partner.
F . Board of County Commissioner employees shall be granted sick leave to care for a domestic partner
to the same extent permitted to care for a spouse, and to care for a dependent of a domestic
partnership to the same extent permitted to care for a child.
G. Board of County Commissioner employees shall he entitled to take parental leave to take care of a
child horn to his/her domestic partner or a newly adopted child to the same extent as a married
person.
14.07 I ,INIIrI"XfION OF LIAB II:.,ITIF S
A. Notluxig i'i this ordinance shall be i�lterpreted 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 FORTIS
A. The Human Resources Director shall distribute copies of the following forms to those individuals
who request them:
1. Declaration of Domestic Partnership
2. Domestic Partnership Information Sheet
3. Amendment to Declaration of Domestic Partnership
4. Termination Statement of Domestic Partnership.
Effective January 1, 2012 DRAFT 72 of 77
J'R WEL1
SECTION 15
15.01 T F'N-V EL
It shall be the policy of the Board of County Commissioners to reimburse all employees, Board members and
other Department personnel for all authorized travel. Said reimbursement shall be made in the following
manner:
,k. In County overnight travel will require the approval of the Department Head. Out of County travel will
require the prior approval of the applicable Division Director or County Administrator. If travel is to any
county contiguous to Nlonroe County or if the travel can be completed within one workday, not requiring
overnight lodging, prior approval of the next -highest supervisory level can be obtained.
B. Private use of individual vehicles for county business shall be reimbursed for travel mileage in accordance
with Monroe County Code, unless an automobile allowance is established pursuant to Section 112.061(7)(0,
Florida Statutes. The subsection requires that the traveler file a signed statement before the allowance is
approved by the agency head; the statement must provide an estimate for the annual amount based on places
and distances for an average typical month's travel on official business; and filing of the statement and
approval of allowance shall be repeated at least annually.
C. Employees who use their personal vehicles for approved County travel shall be reimbursed in accordance
with the information reflected on the reverse side of Form #C676. These employees should be aware that
they may be subject to periodic odometer audits), and that the employee's personal auto insurance is primary
Paver in case of an accident while or County business. Employees receiving an automobile allowance may still
use the form to request reimbursement for meals, lodging, tolls and parking fees. Further, those employees
who are receiving an automobile allowance shall not be entitled to file a claim for in -county mileage
reimbursement.
D. Individuals shall be entitled to per diem while on official travel in accordance with provisions contained in
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 Ykdministrator shall authorize reimbursement for lease, rental cars and/or aircraft where it is
deemed by the County, Administrator to be the most advantageous to the County. Employees are to waive all
insurance on rental car contracts, and no reimbursement for insurance costs shall be authorized under this
section.
F . All requests for travel reimbursement shall be submitted in writing on State of Florida Voucher for
Reimbursement of Travel Expenses which shall give date(s) of travel, purpose, all applicable receipts, and
amount due the traveler. Advance payment for travel must be requested by submitting voucher form for
approval by the applicable Division Director or County Administrator.
G. Travel shall be the most economical and practicable method available.
Effective January 1 , 2012 DRAFT 73 of 77
.PPE' RANCE
SEC FION 16
16.01 OPEARANCE AND PROPERAIY"IME
All County employees should strive to he 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.
"fhe Department Head will be responsible to insure that the appearance of his or her employees properly
represents Monroe County in relation to their positions.
Proper clothing; and equipment needed to insure employee safety is required to be utilized at all times in
accordance with the Monroe County Safety Policies.
Effective January 1, 2012 DRAFT 74 of 77
VIOLENCE IN THE WORKPE- C E
SEc iON 17
1 7.01 The purpose of this policy is to provide a safe environment for conducting County business for
employees, visitors, clients, and customers byr prohibiting, preventing, and taking action in response to work -
related acts of violence.
17.02 Definitions:
17.03 Procedures
For the purpose of this policy, acts of violence include, but are not limited to:
1. verbal abuse, assault, threatening or obscene language or behavior, or
?. aggressive, harmful, dangerous, or violent physical actions, or
3. actions which endanger county employees, directly or incidentally, or
4. improper or dangerous use or display of any weapon or object used as a
weapon.
For the purpose of this policy, work -related acts include, but are not limited to, those
which:
1, take place on County premises and affect county property, employees or
representatives, or
2. involve one or more County employees or representatives, acting in their
official County capacity, or
3. may occur off of County premises, but are related to County business, or
4, may occur outside of normal working hours, but are related to County
business or
5. involve the use of County equipment, vehicles, communications equipment
(phones, radio, FAX, etc.).
A. The County will. take prompt remedial action against any employee, visitor,
client, or customer who engages in any behavior prohibited by this policy.
B. The County will. establish security measures, to the extent practical, to ensure
that County facilities are safe and secure against actions prohibited by this policy.
C. Employees, supervisors, etc, will take reasonable immediate action to protect
victims of violent actions from further harm. Actions which will. increase any danger
should be avoided, when necessary, local law enforcement agencies must be notified as
soon as possible.
D. After any imminent danger or threat has been dealt with, an employee, manager,
supervisor, etc. has a duty to notify their immediate supervisor, Safety Admilustrator,
Risk Manager, or other appropriate person of any incident or activitywhich is ill
violation of this policy. Reports made pursuant to this policy will be held in confidence
to the extent possible. The County will not tolerate any form of retaliation against
anyone who makes a report under this policy.
Effective January 1, 2012 DRAFT 75 of 77
. The Human Resouree.s 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
accordance with Monroe Count; Personnel Policies and Procedures.
Effective January 1, 2012 DRAFT 76 of 77
CHILDREN IN TH1...-J WORK ENVIRONMENT
SECTION 18
I. The Purpose of this section is to establish the policy of the �Uministration concerning Monroe County
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.
B. It is recognized that circumstances may arise wherein an employee's option with regard to caring for
their dependent children may be restricted for any number of reasons. Generally, it would be
expected that the employee would utilise vacation or sick leave, as appropriate, to resolve said matters.
However, on the rare occasion where there are no other alternatives, and/or the work requirements
are such that the employee's presence is mandatory, the Division Director or Department head may
grant a special exception.
C. A Division Director or Department head may grant a special exception in response to unusual or
emergency circumstances which would, for a very limited, specific period of time, permit an employee
to bring children into the environment. The applicable Division Director or Department head shall
then formally authorize said special exception in writing by completing the "Children in the Mork
Place Form" and routing the original to the Human Resources Department via the appropriate
Division Director and the County Administrator, prior to the day the child is expected to be present.
D. It is incumbent upon all Division Directors/Department Heads to insure that permitting children in
the work environment is a rare exception and not the rule and that the special exception provisions
provided above are not to be abused.
E. The parent(s) shall be responsible for the proper behavior of the child while in the workplace.
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).
H. The County Adn istrator has the authority to waive the policy for special events (such as
Daughter/Son .-kt-Work Days.
Effective January 1, 2012 DRAFT 77 of 77
CASH NtZkNAGI NIFNT PROC.EDURES
S E(rrlJON 19
To establish a standardized cash management procedure that will eliminate the risk of loss or misappropriation of
funds.
1. All Divisions/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.
2. Check vouchers should be date stamped. In cases where there is no voucher attached, paperwork
corresponding to the transaction should indicate the date of the check's receipt.
3. Advise ONIB of the appropriate employees in each Division/Department who will be responsible for the cash
deposits of the policy.
4. Division Directors and Department Heads are responsible for periodically reviewing the cash management
procedure with their departments to ensure efficiency and compliance with this policy.
Effective January 1, 2012 DRAFT 78 of 77
FIRE ALAICNI PROCEDURES
SECTION 20
The purpose of this instruction is to establish the procedure for building occupants to adhere to when fire alarin
systeins located within County facilities annunciate. The definition of annunciate is to announce the alarm systein.
1. When a fire alarin systein located in a County Facility annunciate, building occupants are to turn off all
electrical equipinent that will not delay their exit; and shall immediately evacuate the building, reporting to
their designated assembly area in accordance with posted fire evacuation plates located throughout County
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.
4. All personnel will remain in the designated assembly area, well clear of the building, until released by the Fire
Departient and/or a representative from. the Monroe County Public works, Facilities Maintenance
Department.
S. Constitutional officers, Division Directors, and Department Heads are to ensure that all employees under
their purview fam_iharize themselves with this policy and Reference A — Monroe County Safety Policies and
Procedures Manual, along with the designated assembly area.
6. Constitutional officers, Division Directors, Departient Heads, and Monroe County Safety Adn=' istrator are
to ensure evacuation routes are posted on bulletin boards throughout County Facilities, to include an
assembly area for each office to report to, in the event of a fire evacuation.
7. Constitutional officers, Division Directors, and Department Heads shall assign one person from each office
the responsibility of accounting for each einployee that works in their office, in the event of a fire evacuation.
Effective January 1, 2012 DRAFT 79 of 77