Item C03 C.3
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
September 21, 2022
Agenda Item Number: C.3
Agenda Item Summary #9778
BULK ITEM: Yes DEPARTMENT: Employee Services
TIME APPROXIMATE: STAFF CONTACT: Bryan Cook(305) 292-4537
N/A
AGENDA ITEM WORDING: Approval of a Resolution revising Section 16 of the Personnel
Policies and Procedures Manual regarding Appearance, Hygiene and Proper Attire. This resolution
adds the hygiene section on appearance and proper attire. It also adds sections that describes
requirements for uniform wear, maintenance and care, uniform purchases and tax treatment,
accountability, and other related items.
ITEM BACKGROUND:
Approval of a Resolution amending Section 16 of the Personnel Policies and Procedures Manual on
Appearance, Hygiene, and Proper Attire, adding language on hygiene and specifying requirements
for uniform wear, tracking, maintenance and care, and purchases and tax implications.
In keeping with general good health and the County's instructions to staff to maintain safety in the
workplace during the COVID-19 pandemic, the following language is added regarding hygiene:
"Employees must also maintain good personal hygiene and sanitation by bathing regularly,
maintaining good oral hygiene, washing hands properly, covering coughs and sneezes, and other
related actions that contribute to a healthy work environment."
Other sections address the purchase and tax treatment for uniforms and clothing purchased by the
County for employees to wear on the job, expectations for departments to budget for uniform
clothing purchases, determination of positions for which uniforms are required on a full or part time
basis, inventory and tracking of uniforms issued to employees, employee responsibility for the
maintenance and care of uniforms, and accountability for failure to properly wear uniforms, as
applicable.
The Personnel Policies and Procedures review committee met on August 31, 2022 and unanimously
supported this revision.
PREVIOUS RELEVANT BOCC ACTION:
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C.3
March 17, 2021 Board adopted the Resolution 121-2021 amending Section 16 of the Personnel
Policies and Procedures Manual regarding Appearance, Hygiene and Proper Attire. This Resolution
adds Hygiene to Section 16. 01, Appearance, and Proper Attire. It adds Section 16. 02 which
describes requirements for uniform wear, maintenance and care, uniform purchases and tax
treatment, and other related items.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution -2022.PPPM Section 16
P7 Resolution 121-2021.Uniforms
FINANCIAL IMPACT:
Effective Date: October 20, 2021
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
N/A
REVIEWED BY:
Megan Fiore Abreu Skipped 09/02/2022 10:07 AM
Bryan Cook Completed 09/02/2022 10:41 AM
James Molenaar Completed 09/02/2022 11:09 AM
Cynthia Hall Completed 09/02/2022 3:11 PM
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Assistant County Administrator Kevin Wilson Completed
09/02/2022 3:34 PM
Purchasing Completed 09/02/2022 3:38 PM
Budget and Finance Completed 09/02/2022 3:56 PM
Brian Bradley Completed 09/02/2022 4:42 PM
Lindsey Ballard Completed 09/06/2022 9:00 AM
Board of County Commissioners Pending 09/21/2022 9:00 AM
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RESOLUTIONNO. -2022
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA,AMENDING SECTION 16 OF
THE PERSONNEL POLICIES AND PROCEDURES MANUAL
REGARDING APPEARANCE AND PROPER ATTIRE
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WHEREAS, Section 16 of the Personnel Policies and Procedures Manual currently references
Appearance, Hygiene, and Proper Attire, and, in keeping with the general good practice and the
County's instructions to staff regarding uniforms, a need exists to add definitions, guidelines, and
financial considerations to the policy; and,
WHEREAS, a need exists to define the purchase and tax treatment for uniforms and clothing
purchased by the County for employees to wear on the job, expectations for departments to budget 4-
for uniform clothing purchases, determination of positions for which uniforms are required on a
full or part time basis, inventory and tracking of uniforms issued to employees, employee
responsibility for the maintenance and care of uniforms, and disciplinary action for failure to
properly wear uniforms, as applicable; and, U)
WHEREAS, The Personnel Policies and Procedures Review Committee met on August 31, 2022
in a publicly noticed meeting and unanimous) approved a proposed revision to the policy; and,
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 2
MONROE COUNTY, THAT: U)
1. Monroe County Personnel Policies and Procedures Manual Section 16 is now amended to read: 0
16.01 DEFINITIONS
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a. BOCC: Monroe County Board of County Commissioners
b. BOCC Distinctive Clothing: A ball cap,jacket, vest, shirt, or other apparel that displays the authorized
BOCC seal, insignia, or markings in approved coloring and styles. u
C. Uniform: Specific, distinctive clothing required to be worn for a certain position, including but not
limited to apparel with County logos, as well as shoes or boots required to be worn for the position,
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e.g., safety boots. N
16.02 SCOPE
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This policy applies to all BOCC personnel and volunteers. It does not apply to contractors or their employees.
Uniform policies included in collective bargaining agreements shall preempt this policy for employees
covered by said agreements.
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16.03 APPEARANCE, HYGIENE,AND PROPER ATTIRE
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a. All County employees should strive to be as neat and clean in appearance as reasonably possible. X
Proper attire conducive to carrying out the functions of their respective positions shall be worn by
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all employees.
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b. Employees must maintain good personal hygiene and sanitation by bathing regularly, maintaining
good oral hygiene, washing hands properly, covering coughs and sneezes, and performing other 0
related actions that contribute to a healthy work environment. 0-
C. Proper clothing and equipment needed to ensure employee safety and security is required to be
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utilized at all times, and in accordance with the Monroe County Safety Policies, as applicable. 0
d. The Department Head will be responsible for ensuring that the appearance of his or her employees a
properly represents Monroe County in relation to their positions. Should an employee report to work in
a state that indicates proper personal hygiene habits have not been practiced; and/or report to work in
attire deemed inappropriate to the work environment, the Supervisor may require the employee to leave >
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and not return until properly groomed and/or properly dressed.
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16.04 UNIFORMS
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a. It is the policy of the County that certain positions, as designated in each Department and as approved 0
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by the Department Head, may be required to wear a uniform while on the job.
b. Each Department Head shall maintain a list of positions within the Department for which the wearing
of a uniform or specific clothing is required because it is necessary for the safety, security or health
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of the employee and is a condition of employment. Department Heads must ensure that the uniforms LO
or specific clothing are necessary.
C. Uniforms or specified clothing may be required to be worn daily or on specified occasions. N
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Examples of occasions on which uniforms could be required include, but are not limited to,
meetings with Local, State, or Federal representatives, officials, agencies, and entities; conferences,
such as the Florida Association of Counties or the Climate Change Summit; work related events such
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as job fairs, health fairs, or inter-department meetings; and at times when visual identification is 0
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particularly needed, such as when visiting a local business or residence in the employee's capacity
to perform County work.
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d. Supervisors or managers of work crews may also require uniforms for the purposes of safety
and conformity so that staff may be easily identifiable by the public. u
e. When an employee is assigned to a position that has been designated as requiring a uniform, X
the employee's Department Head will track the issuance of uniforms by documenting it on
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Human Resources' Property/Equipment Tracking Form.
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f. Employees filling positions that require the wearing of uniforms as designated by the
Department Head must wear the issued uniforms on the job once the employee receives said uniforms. 0
g. Department Heads may set additional uniform and appearance requirements specific to the
nature of work performed in the Department.
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16.05 BOCC DISTINCTIVE CLOTHING
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a. The County Administrator, or designee, may issue BOCC distinctive clothing, as defined
in § 16.1 Definitions, to be worn by BOCC employees when engaged in duties where, in order >
to effectively perform their official functions, enhance public safety, and/or officially represent
this County, they must be easily identifiable as BOCC employees. Examples include,but are 0
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not limited to, Emergency Operation Center(EOC) staff, Emergency Management Personnel,
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Public Works staff, Building or Code Inspectors, and employees working in support of disaster 0
operations, in a multi-agency environment, or in other public-facing capacities. 0
b. Employment in the Emergency Operations Center or another field setting does not necessarily
or automatically require the issuance, donning, or wear of BOCC distinctive clothing.
C. The unavailability of BOCC distinctive clothing is not an acceptable reason for any employee
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to refuse to or fail to perform his or her assigned duties.
d. Wearing BOCC distinctive clothing is not a substitute for possessing or displaying a
County-issued identification badge.
e. BOCC distinctive clothing may be ordered at any time with uniform budget funds, including
before or during a disaster or emergency.
f. The County Administrator, Assistant County Administrators, and Department Heads are 0
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responsible for authorizing a requirement for BOCC distinctive clothing and authorizing, 0
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in writing, the issuance of BOCC distinctive clothing to appropriate employees. These BOCC
Staff are also responsible for enforcing compliance with this policy and may not delegate
authority to purchase BOCC distinctive clothing.
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g. BOCC employees are responsible for the care and securing of issued BOCC distinctive clothing.
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h. BOCC employees may independently purchase BOCC distinctive clothing to wear while on u
the job performing official duties,provided the clothing is in good taste and repair. Such X
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purchases are not eligible for any reimbursement by the County from appropriated funds.
Employees receiving approval to purchase BOCC distinctive clothing will need to make
these purchases directly with an approved vendor and pay applicable sales taxes.
i. BOCC distinctive clothing, whether issued to or purchased by the employee, should not be 0
worn when off duty (i.e., off the clock, not performing official duties), with exceptions granted 0-
for travel to and from work and for approved breaks during the workday (e.g., employee's lunch break). Zw
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j. BOCC employees are expected to conduct themselves with the utmost professionalism, especially 0
when wearing BOCC distinctive clothing, regardless of whether the clothing item was issued to a
or purchased by the employee.
k. The Director of Employee Services, in consultation with the County Administrator, shall establish
and periodically review the BOCC distinctive clothing to ensure that designated design(s) are >
in accordance with BOCC branding practices and procedure.
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16.06 FINANCIAL CONSIDERATIONS
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a. Each Department in which employees are required to wear uniforms must include funds for new 0
issues and replacement of uniforms in their respective Department annual budget. Each Department will
be entitled to issue up to five reasonably priced uniforms per fiscal year to each employee working in a
position that requires such a uniform. The County Administrator or designee shall be responsible for
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approving both the requirement for the uniforms and the price thereof. Clothing provided under this
section is deemed a fringe benefit and subject to applicable payroll and sales taxes.
b. If, based on the anticipated wear-and-tear to uniforms and the frequency with which they are
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required to be worn, a Department Head believes that certain employees require more than five uniforms
per year, the Department Head may request additional uniforms. Any such request must be approved by
the Office of Management and Budget and by the BOCC. 0
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C. Employees are personally responsible for the proper care, cleaning, alterations (if any), and repair 0
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of uniforms issued to them. If any uniform item becomes unserviceable (e.g., because of a tear), the
employee must launder and return the item and request a replacement. If an employee loses a uniform
item or causes it to become unusable, the employee may be charged the current cost for replacement.
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d. All BOCC employees are prohibited from giving away, donating, trading, selling, or otherwise
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bartering any BOCC distinctive clothing provided to employees by the County. u
e. Uniforms and clothing provided to an employee remain the property of the County and must be X
turned in upon separation of employment. If the employee fails to return any uniform item, the cost of
the unreturned item will be deducted from the employee's final paycheck in accordance with the Fair
Labor Standards Act(FLSA). For sanitation reasons, such uniforms and clothing turned in are not
required to be reassigned to other employees. 0
EFFECTIVE DATE
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This Resolution shall be effective upon adoption. 0
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board on the 21st of September, 2022. U)
Mayor David Rice
Mayor Pro Tem Craig Cates 2
Commissioner Michelle Coldiron 2
Commissioner James K. Scholl
Commissioner Holly Merrill Raschein U)
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
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By: By:
As Deputy Clerk Mayor
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Approved as to form and legal sufficiency N
Monroe County Attorney's Office:
James D. Digitally signed by James D.
Molenaar 0
M o l e n a a r Date:2022.09.02 16:23:50-04'00'
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RESOLUTION NO. 121 - 2021
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING SECTION 16 OF THE PERSONNEL POLICIES
AND PROCEDURES MANUAL REGARDING APPEARANCE AND PROPER ATTIRE
WHEREAS, Section 16 of the Personnel Policies and Procedures Manual currently
references Appearance and Proper Attire, and, in keeping with general good health and the
County's_instructions to staff to maintain safety in the workplace during the COVID-19
pandemic, a need exists to add language regarding hygiene; and
WHEREAS, a need exists to define the purchase and tax treatment for uniforms and 0
clothing purchased by the County for employees to wear on the job, expectations for
departments to budget for uniform clothing purchases, determination of positions for which
uniforms are required on a full or part time basis, inventory and tracking of uniforms issued
to employees, employee responsibility for the maintenance and care of uniforms, and
disciplinary action for failure to properly wear uniforms, as applicable; and
WHEREAS, the County-now wishes to amend Section 16 of the Personnel Policies and
Procedures Manual.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
1. Monroe County Personnel Policies and Procedures Manual Section 16 is now amended
to read:
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16.01 APPEARANCE,HYGIENE,AND PROPER ATTIRE
All County employees should strive to be as neat and clean in appearance as possible. Proper attire
conducive to carrying out the functions of their respective positions should be worn by all CL
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employees.
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Employees must also maintain good personal hygiene and sanitation by bathing regularly,
maintaining good oral hygiene,washing hands properly,covering coughs and sneezes,and other
related actions that contribute to a healthy work environment.
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The Department Head will be responsible to ensure that the appearance of his or her employees C�
properly represents Monroe County in relation to their positions. N
Proper clothing and equipment needed to ensure employee safety and security is required to be
utilized at all times,and in accordance with the Monroe County Safety Policies,as applicable. e
Departments may set additional uniform and appearance requirements specific to the nature of work
performed in the department.
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16.02 UNIFORMS AND TAXATION
It is the policy of the County that certain positions,as designated in each department and as approved
by the Department Head,may be required to wear a uniform while on the job.
For the purpose of this policy,the term"uniform" includes distinctive specific clothing, including but
not limited to, shirts or blouses with County logos on them,and also shoes and boots required to be
worn for the position,e.g., safety boots.
A. Each Department Head shall maintain a list of positions within the department for which CL
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the wearing of a uniform or specific clothing is required because it is necessary for the
safety, security or health of the employee and is a condition of employment. Department 0
Heads should ensure that the uniforms or specific clothing are absolutely necessary.
B. The Department Director will determine the number of uniform items(shirts,pants, etc.)
for each employee,which shall be commensurate with the employee's field time.
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C. Employees filing positions that require the wearing of uniforms as designated by the
Department Head must wear the issued uniforms on the job once the employee receives
his/her/their supply of uniforms. Uniforms or specified clothing may be required to be
worn daily or on occasion(such as to attend an event or support a project). U)
• Examples when uniforms must be worn on occasion include but are not limited to:
o Meetings with Local, State, or Federal representatives, officials,agencies,and
entities
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o Conferences such as Florida Association of Counties, Climate Change
Summit,or similar
o Work related events such as job fairs,health fairs,or inter-department
meetings
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o When visual identification is particularly needed, such as visiting a local o
business or residence in the employee's capacity to perform County work, or
when meeting with certain vendors or service providers
D. Each department requiring employees to wear uniforms must include funds for new
issues and replacement of uniforms in their respective department annual budget based on
the anticipated wear-and-tear to uniforms and clothing in the department and the 0
frequency in which they are required to be worn by employees. E
E. To be covered by this policy and not treated as a taxable fringe benefit,the item must be Q
purchased directly by the County. Reimbursements for clothing purchases that have been
made by the employee and clothing allowances will be treated as taxable fringe benefit.
In addition,the employee will be required to pay the sales tax. The employee may not
use the County's F.S. 212.08 exemption for sales and use taxes for purchases of uniforms
where the purchases have been made by the employee.
F. When an employee is assigned to a position that has been designated as requiring a
uniform,the employee's Department Head will track the issuance of uniforms to the ;
employee in the same manner other work equipment(such as computers,phones,or
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tools)issued to the employee is tracked(Property-Equipment Tracking Form or
applicable software system).
Note: Employees should be aware that the IRS mandates that uniforms which can be considered
"street clothing"are taxable as a benefit to employees. Street clothing includes jeans; shorts;pants
(e.g.,cargo or khaki), shirts and t-shirts unless marked with County logos; hats; also shoes and boots
unless they are footwear designated as"safety"items necessary for employment. Safety apparel such
as shirts and vests with reflective striping are excluded. For taxable items,the County will calculate
the fringe benefit valuation using IRS regulations and include the amount as gross taxable wages on
the employees next biweekly paycheck. Uniform purchases may be audited by the County Office of CL
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Management and Budget and the Clerk's Office to ensure compliance with tax requirements.
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G. Employees are personally responsible for the proper care, cleaning,alterations(if any)
and repair of uniforms issued to them. If any uniform item becomes unserviceable(e.g.,
because of a tear),the employee must launder and return the item and request a
replacement. If an employee loses a uniform item,the employee will be charged the
current cost for replacement. 0
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H. Uniforms and clothing provided to an employee remain the property of the County and
should be turned in upon separation of employment. If the employee fails to return any c,
uniform item,the cost of the unretumed item will be deducted from the employee's final
paycheck in accordance with the Fair Labor Standards Act(FLSA). For sanitation
reasons, such uniforms and clothing turned in are not required to be reassigned to other
employees.
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I. Any employee who does not wear the uniform specified,without a reason acceptable to
the immediate supervisor,will be subject to discipline,up to and including termination.
County employees shall not wear County uniforms in any capacity other than when they
are performing official business for the County,except for de minimus use as described
in Section 1.04 of this manual. Employees and volunteers shall exercise caution in their 0
conduct while wearing apparel with insignia, logos,or language indicating an affiliation >
with the County in order to not bring discredit or reflect negatively upon the County.
J. Uniforms will be non-taxable if they are:
• Required as a condition of employment and, E
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• Not adaptable to general usage as ordinary clothing.
Examples of non-taxable uniforms include but are but not limited to:
o Uniforms with clear identifying County logos; Q
o Garments approved for safety conditions(fluorescent orange or safety green)
o Garments with identifying features such as prominent County logo,
department logo, department name,employee name, or other relevant
marking; and,
o Safety shoes or safety boots
Uniforms are taxable if the items of clothing are general in nature,can be worn away from the
employee's place of work,and would not identify the employee as a County worker. ;
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• Examples of taxable uniforms include but are not limited to:
o jeans
o work pants
o plain shirts without logos or identifying marks
2. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on March 17, 2021.
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Mayor Michelle Coldiron Yes
Mayor Pro Tern David Rice Yes
Commissioner Craig Cates Yes
Commissioner Eddie Martinez Yes 0
Commissioner Mike Forster Yes
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BOARD OF COUNTY COMMISSIONERS
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e °r K, CLERK OF THE COURT OF MONROE COUNTY, FLORIDA
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By:
As Deputy Clerk Mayor 0
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Approved as to form and content:
Monroe County Attorney's Office
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Digitally signed by Cynthia L Hall 0
C\1 `-_C-% DN:cn=Cynthia LHall,
o=Monroe County BOCC,ou,
,.E.1 - ��• email=hall-.
cynthla@monroecounty-fl.gov,c-US N
Date:2021.03.1818:26:40-04'00'
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