Item C07 C7
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
December 13, 2023
Agenda Item Number: C7
2023-1824
BULK ITEM: Yes DEPARTMENT: Employee Services
TIME APPROXIMATE: STAFF CONTACT: Megan Fiore-Abreu
N/A
AGENDA ITEM WORDING: Approval of a resolution to amend the Personnel Policies and
Procedures Manual, adding Section 1.10 Safety in Private Spaces.
ITEM BACKGROUND:
Approval of the following change to the Personnel Policies and Procedures Manual. The Personnel
Policies and Procedures Manual Committee met on November 16, 2023 and voted to recommend the
following change to the Board of County Commissioners. Section 1.10 Safety in Private Spaces. This
past legislative session, the Florida Legislature passed Chapter Law 2023-106, the Safety in Private
Spaces Act(the "Act"). Section 1 of the Act created F.S. 553.865. F.S. 553.865(11)(a) requires
governmental entities to establish disciplinary procedures for any employee of the governmental entity
who willfully enters a restroom or changing facility designated for the opposite sex at public buildings
and refuses to depart when asked to do so by another employee, except under one of 5 situations,
enumerated in the statute, where the employee has a legitimate need to enter the restroom or changing
facility.
The Act went into effect on July 1, 2023. The County is required to have the disciplinary procedures in
place by no later than January 1, 2024. The language being added to the Personnel Policies and
Procedures Manual complies with the statutory requirement.
PREVIOUS RELEVANT BOCC ACTION:
June 21,2023: Board adopted Resolution 193-2023 to amend the Personnel Policies and Procedures
Manual including: Section 2.16 (B), Years of Service program, section 4.10 Temporary Higher
Classification, and Section 5.02 (A)(4) Calculation of Overtime. February 15, 2023: Board adopted
Resolution 061-2023 to amend the Personnel Policies and Procedures Manual including: Section 1.05-
Gift policy; Section 2.14 regarding Promotional Opportunities; Section 7.01 Annual Leave; Section
7.05 regarding Bereavement Leave; Section 8.01 regarding Administrative and Military Leave; and
Section 9.11 regarding Procedure for Imposing Discipline. September 21, 2022: Board adopted
Resolution 255-2022 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
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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. July 20, 2022: Board
adopted Ordinance 009-2022 amending Sec. 2-110(l, 3)—Rates of per diem and subsistence allowance
and Section 2-111(c). — Transportation of the Monroe County Code to increase the County's
reimbursement rates for subsistence (meals) and mileage allowance. April 20, 2022: Board adopted
Resolution 136-2022 amending Section 6.0 Official Holidays following the federal holiday observance
of Juneteenth. January 21, 2022: Board adopted Resolution 036-2022 granting employees to be paid
any time in excess of 480 hours as of April 1, 2022.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Personnel Policies and Procedures Manual 12.13.23.pdf
Ch 2023-106.pdf
Resolution -2023—December Safety in Private Spaces Act.pdf
FINANCIAL IMPACT:
N/A
491
Monroe County
Personnel Policies & Procedures Manual
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December 13, 2023
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PERSONNEL POLICIES & PROCEDURES MANUAL
Table of Contents
Sections Pages
Preamble.........................................................................................3-4
Introduction......................................................................................5-8
1. General Policies........................................................................9-1 3
2. Employment Policies............................................................... 1 4-26
3. Classification Plan................................................................... 27-2 8
4. Pay Plan...............................................................................29-3 6
5. Hours of Work........................................................................3 7-3 9
6. Holidays...............................................................................40-41
7. Leave with Pay........................................................................42-46
8. Leave of Absence.....................................................................47-59
9. Standards of Employment,Disciplinary Actions&Appeals.....................60-66
10. Employee Complaint/Grievance Procedure.......................................67-68
11. Separations............................................................................6 9
12. Soliciting...............................................................................7 0
13. Employee Performance Evaluations............................................... 71
14. Employee Insurance Coverage.......................................................72-76
15. Travel..................................................................................7 7
16. Appearance...........................................................................7 8-8 0
17. Violence in the Workplace............................................................81-82
18. Children in the Work Environment.................................................83
19. Cash Management Procedures.......................................................84
20. Fire Alarm Procedures ...............................................................85
21. Emergency Management Expectations ............................................86
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PREAMBLE
ADMINISTRATION CODE OF ETHICS
An employee in the public service must always demonstrate the highest standards of personal integrity,
truthfulness,honesty,and fortitude in all public activities in order to inspire public confidence and trust in public
institutions.
Perceptions of others are critical to the reputation of an individual or a public agency. Nothing is more important
to public administrators than the public's opinion about their honesty, truthfulness, and personal integrity.
It overshadows competence as the premier value sought by citizens in their public officials and employees.
Any individual or collective compromise with respect to these character traits can damage the ability of an agency
to perform its tasks or accomplish its mission. The reputation of the administrator may be tarnished. Effectiveness
may be impaired. A career or careers may be destroyed.
The best insurance against loss of public confidence is adherence to the highest standards of integrity,
honesty, truthfulness,and fortitude.
Public administrators are obliged to develop civic virtues because of the public responsibilities they have sought
and obtained. Respect for the truth, for fairly dealing with others, for sensitivity to rights and responsibilities of
citizens and for the public good must be generated and carefully nurtured and matured.
If one is responsible for the performance of others, the reasons for the importance of integrity must be shared
with them. They must be held to high ethical standards and taught the moral as well as the financial responsibility
for the public funds under their care.
If one is responsible only for his or her performance, then he or she must not compromise honesty and integrity
for advancement,honors, or personal gain.
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 mindful to guard the Public Purse as if it were our
own.
No matter whether an official or an employee, by our own example, we should give testimony to our regard for
the rights of others, acknowledging their legitimate responsibilities and not trespassing upon them. We must
concede gracefully, quickly, and publicly when we have erred and be fair and sensitive to those who have not fared
well in their 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
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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 funds to benefit one's self,family or friends, 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
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INTRODUCTION
INTENT
It shall be the intent of the Board of County Commissioners and other grants, agencies or elected officials who so
request to adopt these policies and procedures that:
A. The employees of Monroe County 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 in these Policies and Procedures, or if an employee wishes clarification of any policy
or procedure,he or she should check with his or her Supervisor and/or Department Head.
The County, of course,may change its Policies and Procedures with regard to matters covered herein and
such changes may not be reflected in these Policies and Procedures at the time the employee reads them.
Existing policy as determined from time to time by the County Administrator or the Board of County
Commissioners shall supersede any written information previously distributed to employees.
F. In accordance with Ordinance #038-1988, the Board of County Commissioners established a Personnel
Policies and Procedures Review Board whereby any employee may submit proposed changes to the Monroe
County Personnel Policies and Procedures to the Human Resources office at any time. Proposed changes
will be discussed by the Review Board and recommendations will be made to the County Administrator
who will review said recommendations for his approval. If there are any recommendations that do not
meet with the approval of the Administrator, those changes will again be reconsidered by the Review
Board. If approved, said changes will be presented to the Board of Commissioners for a final decision. If
there 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.
SCOPE
For the purpose of expediency, these policies may refer to either the male or female gender, or both with no intent
to discriminate. All policies apply to both genders.
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.
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THE COUNTY SERVICE
The County Service shall consist of all existing positions and any positions hereinafter created in the County with
the following exemptions:
A. The Board of County Commissioners and any positions which are exempt under Chapter 69-1321,
Section 3,Laws of Florida.
B. Other elected officials.
C. Members of Boards, Committees and Commissions, unless they are also County employees.
D. Persons employed in a professional capacity on a contractual, fee or retainer basis or hired to perform
specific services, as defined herein,including but not limited to investigations or inquiries on behalf of the
County Commissioners, or a committee thereof, or other elected officials.
E. Volunteers.
HUMAN 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 Department of Employee Services. In addition to the duties imposed by personnel policies and
regulations,it is the responsibility of the County Administrator, through the Human Resources office, to:
A. Apply and carry out personnel policies and regulations as adopted by the Board of County
Commissioners.
B. Foster and develop programs for the improvement of employee effectiveness and morale.
C. Conduct evaluations and studies to determine the effectiveness of the personnel program, and
periodically submit a report of findings and recommendations to the Board of County Commissioners.
D. Ensure that all personnel have been employed in accordance with the provisions of personnel policies
and procedures.
E. Maintain a classification plan for all employees in the County Service. F. Maintain a pay plan for all
employees in the County Service.
G. Develop and administer tests and examinations as deemed necessary to determine the fitness and
abilities of applicants for jobs in the County Service, and promotional opportunities.
H. Prepare, or have prepared, and submit to the Board of County Commissioners, corrected, revised or
additional personnel policies and procedures for their approval.
I. Perform any other lawful acts considered necessary to carry out the purpose and provisions of the
personnel policies and procedures.
J. Perform interviewing, background investigations and otherwise pre-qualifying candidates for County
employment.
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K. Prepare any County Affirmative Action Plan.
L. Recruit qualified applicants to fill departmental vacancies.
M. Perform induction of all newly hired personnel including completion of required personnel and payroll
forms, arranging physical examinations, and providing employee orientation.
N. Provide staff support to the Board of County Commissioners in regard to personnel matters.
O. Administer B.O.C.C. adopted drug and alcohol programs.
RECORDS OF 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 MANAGEMENT - SAFETY/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. This may be accomplished by either the utilization of fully
insured or self-insured programs or policy contracts, as approved by the Board of County Commissioners.
The Risk Management office will maintain all insurance policies,property schedules, etc., and will properly
distribute all insurance premiums to the budgetary units.
The County Administrator will institute recognized risk management techniques,with the cooperation of all
Department Heads, the County Attorney's office, and Constitutional Officers (where applicable), to further
identify potential exposures,recommending to the County Commission the best course of action to
properly protect the interests of Monroe County.
INSURANCE
A. EMPLOYEE BENEFITS (Group Insurance and Workers Compensation
The County Administrator will oversee all employee benefit programs,including,but not limited to Life
Insurance and Health Insurance for Board employees, as well as Constitutional Officer employees (if
participated in by those entities). All enrollment records, claim files and the proper distribution of expenses
will be assigned to Employee Benefits,with final approval of program types and levels of benefits
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remaining with the Board of County Commissioners.
B. SELF-FUNDED PROGRAMS
Where the Board of County Commissioners has determined that the use of a self-funded program is in its
best interest,it will be the County Administrator's responsibility to oversee the Administration of said
programs. Any proposed change to the self-funded health insurance program that would constitute a
material reduction 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.
C. MONROE COUNTY EMPLOYEE SAFETY COMMITTEE
In accordance with the Monroe County Safety Policies and Procedures, and County Administrator
Instructions, the Monroe County Employee Safety Committee functions to prevent accidents through
review of accident/incidents reported to the Human Resource Office and recommends safety-related
policies and procedures to the County Safety Office.
D. ADMINISTRATIVE INSTRUCTION SYSTEM
The County Administrator will establish a standardized administrative instruction system for initiating,
preparing, controlling, monitoring, and promulgating all Monroe County Administrative Policies and
Procedures by way of rules and guidelines,which clarify those adopted Monroe County Administrative
Policies and Procedures. These Administrative Instructions shall only be further detailing, by instructions
or rules, of those Policies and Procedures provided in this manual,where, for ministerial purposes, policy
clarifications are particularly applicable. Where conflict may occur, the Board of County Commissioners
reserves the authority of final determination as to ministerial function. This system will be structured
according to Monroe County Administration Instruction 1000,issued February 2, 1989,but may be deleted,
changed, revised, or altered at any time by the County Administrator. Reference to these Administrative
Instructions will be made throughout these policies.
All employees will be responsible for being familiar with and complying with these instructions.
Department Heads will be responsible for appropriate dissemination of these instructions.
All references to Administrative Instruction should be construed to mean most current revision. Suffix
numbers change with revisions.
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GENERAL POLICIES
SECTION 1
1.01 CAREER SERVICE
A. DEFINITION
In accordance with Chapter 69-1321 Laws of Florida, as amended, employees designated in this
Act, having at least one (1) year of continuous satisfactory service, shall be considered career service
employees, except as set forth in these policies and procedures.
B. APPLICATION FOR CAREER SERVICE
Approximately one month prior to the employee's anniversary date, except as provided for in
Section 2.04 herein, the Human Resources office will provide the Department Head with notice to
evaluate the employee in accordance with Administrative Instruction 4003. The evaluation form
shall be forwarded to the Human Resources office and placed in the employee's personnel file. (See
Section 2.04.) If a positive recommendation is made to retain the employee by the appropriate
Department Head and approved by the County Administrator, the employee will be eligible for
Career Service 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. CONTRACT 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
under the Career Service rules.In no event,however, may the County waive such probationary
requirement unless the affected employee has served at least one (1) year in the capacity for which
the probation has been waived.
D. FLORIDA RETIREMENT SYSTEM SENIOR MANAGEMENT
Positions deemed Senior Management in accordance with Florida Statutes 121.055(1) shall
acknowledge and waive their right to career service designation on a form prescribed by the County
Attorney's office.
1.02 POLITICAL ACTIVITY
A. No employee shall use any promise, reward, or threat to encourage or coerce any person to support or
contribute to any political issue, candidate, or party.
B. No employee shall use his official authority as an employee to influence or attempt to influence, coerce,
or attempt to coerce a political body or to in any way interfere with any nomination or election of any
person to any public office.
C. Nothing will prohibit any employee from expressing his opinion on any candidate, on issues, or from
participating in any political campaign during his off-duty hours.
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D. Nothing herein contained shall affect the right of the employees to hold membership in, and support, a
political party, to vote as they choose, to express opinions on all political subjects and candidates, to
maintain political neutrality, and to attend political meetings during off-duty hours.
E. Employees shall at all times comply with all provisions of Section 104.31, Florida Statutes,which is
generally stated in part in 1.02 (A) & (B) above, as may be amended from time to time.
1.03 OUTSIDE EMPLOYMENT
A. Full-time employees are not restricted from engaging in other employment during their off-duty hours.
However, County employment must be considered the primary employment. Employees shall not, directly,
or indirectly, engage in any outside employment or financial interest which may conflict, in the County's
opinion,with the best interests of the County or interfere with the employee's ability to perform the
assigned County job. Examples include, but are not limited to, outside employment which:
1) Prevents the employee from being available for work beyond normal working hours, such as
emergencies or peak work periods,when such availability is a regular part of the employee's job;
2) Is conducted during the employee's work hours;
3) Utilizes County telephones, computers, supplies, or any other resources, facilities, or equipment;
4) May reasonably be perceived by members of the public as a conflict of interest or otherwise
discredits public service.
B. Employees shall not be instructed or allowed to perform work for private individuals or other
governmental agencies as part of his/her County employment except in those instances where such work is
part of contract arrangements entered into by the Board of County Commissioners with such private
individuals or government agencies, or in those cases where under prior Board of County Commission
policy, the employee is to give service in an emergency situation.
1.04 USE OF COUNTY PROPERTY, PROCEDURES OR FACILITIES
Equipment, facilities,vehicles,property, or any resource or procedure of the County shall not be used by any
employee, or use of same authorized for anyone by an employee for any reason or purpose beyond that deemed de
minimis use by the Internal Revenue Service Code for anything other than County business. The use of same for
personal gain or use may be cause for termination. See Administrative Instruction 4725 for additional information.
1.05 CODE OF ETHICS
A. All employees must be aware of, and comply with, Section 112:311 (6) Florida Statutes which currently
provides in part: "It is declared to be the policy of the state that public officers and employees, state and
local, are agents of the people and hold their positions for the benefit of the public. They are bound to
uphold the Constitution of the United States and the State Constitution and to perform efficiently and
faithfully their duties under the laws of the federal, state, and local governments. Such officers and
employees are bound to observe,in their official acts, the highest standards of ethics consistent with this
code and the advisory opinions rendered with respect hereto regardless of personal considerations,
recognizing that promoting the public interest and maintaining the respect of the people in their
government must be of foremost concern."
B. Employees may not, either directly or indirectly, use their official position with the County or
information obtained in connection with their employment for private gain, for themselves or others.
C. Employees shall not accept any gift, favor, or service from any member of the public,including but not
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limited to Christmas and/or birthday gifts in an amount that exceeds an estimated value of$100.00 per
occurrence. Employees shall not accept any gift, favor, or service with the understanding that it was
provided to him/her in order to obtain special treatment. Elected and appointed officials of the County are
subject to the State Statute for acceptance of gifts.'
D. No employee shall make any false statement, certification, or recommendation of any employment
under any provision of these policies, or in any manner, commit or attempt to commit any fraud preventing
the impartial execution of the provisions of these policies,with regard to employment,promotion or
transfer.
E. Conflict of interest rules shall be in accordance with the established laws of the State of Florida.
No County employee shall transact any business in his or her official capacity with any business entity of
which that employee is an officer, agent, or member, or in which he or she holds a material interest.
If an employee is uncertain as to whether he or she may be in violation of this policy, clarification may be
obtained from the Human Resources office.
The County Administrator may at any time,require a statement of disclosure from any employee if he has
reason to believe that said employee may be in violation of this policy. The 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 112.311-112.326. 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
Administrator, Department Heads, their Deputies, and other employees holding positions of high public
trust and/or authority will be held to higher disciplinary and ethical standards than other employees.
1.06 DISCLOSURE OF INFORMATION/RECORDS
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 Administrative Instruction 4903.
See Florida Statutes 112.3148 (3) L_4�
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1.07 RESTRICTION OF EMPLOYMENT OF RELATIVES
Restrictions on employment of relatives shall be in accordance with Florida Statute 112.3135 (2) (a) as amended,
which currently reads, "A public official may not appoint, employ, promote, or advance, or advocate for
appointment, employment, promotion, or advancement,in or to a position in the agency in which he is serving or
over which he exercises jurisdiction or control, any individual who is a relative of the public official." The definition
of relative will be 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. The 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.
Where a State or Local statute regarding nepotism exists which is more restrictive than this policy, the eligible
applicant should follow the State and Local statute in lieu of this policy.
Definition: Domestic Partner2 - "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 DURING HIRING AND RETENTION
At the hiring stage,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 as defined in Chapter 295, Florida Statutes,will receive preference with the exception of those
positions which are exempt.
Exempt positions are elected officials, elected officials' executive assistants, assistant county administrators,
department heads, temporary employees, and attorneys.
Preference will also be granted to veterans at retention in accordance with the rules set forth in Chapter 295,
Florida Statutes, and regulations issued by the Florida Department of Veteran's Affairs.
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1.10 SAFETY IN PRIVATE SPACES ACT
Employees shall at all times comply with the provisions of Section 553.865, Florida Statutes, enacted by Chapter
Law 2023-106, the Safety in Private Spaces Act. Any employee who willfully enters a restroom or changing facility
designated for the opposite sex will be subject to discipline as outlined in Section 9 of the Personnel Policies and
Procedures Manual, except under one of the following conditions: (1) to accompany minor, elderly person, or
person with disability; (2) for law enforcement or government regulatory purposes; (3) to render emergency medical
assistance; (4) to clean or maintain,but only if the room is not in use; or (5) to use the room if the room designated
for the opposite gender is out of service and the room is not in use.
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EMPLOYMENT POLICIES
SECTION 2
2.01 APPOINTING AUTHORITY
The Board of County Commissioners shall be the appointing authority for the County Administrator and
County Attorney. All other positions under the jurisdiction of the Board of County Commissioners shall be
employed and supervised by the County Administrator. Employment of 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 Departments 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
All positions in the County Service are established and maintained through a budget each fiscal year, approved by
the Board of County Commissioners.
A. The establishment of new additional positions, or an increase in hours of a position can only be
authorized by the Board of County Commissioners and the County Administrator, subject to adequate
justification of need and availability of funds. Establishment of Emergency Disaster positions on a year-to-
year basis do not require the prior approval of the Board of County Commissioners. The personnel in these
positions will be trained and utilized on an as needed basis before, during, or after an emergency or disaster
and will be paid for by the Hurricane Account Funds.
Positions created on a temporary basis as described below in 2.03 B (3&4) do not require the prior approval
of the Board of County Commissioners.
B. For training and transitional purposes, two individuals may fill a budgeted position simultaneously for up
to six (6) months contingent on available funding. Both individuals shall accrue full benefits and be
classified as a Full-time Regular employee.
C. Personnel to fill approved new positions shall be appointed after the position has been evaluated,
classified, and assigned a pay grade.
2.03 TYPES OF EMPLOYMENT
A. Original employment is subject to budgetary restrictions. When a person is initially employed in a
position in County Service,he shall be employed in at least one of the following types of original
employment status:
1. Full-Time Regular Employee
2. Substitute Employee
3. Temporary Employee
4. Emergency Temporary Employee
5. Part-Time Employee
6. Trainee
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7. Contract
8. Florida Retirement System Senior Management
Participation in the Social Security program and the Florida State Retirement System will be in accordance
with the rules and regulations governing said programs.
Any employee paid on an hourly basis will not be eligible for fringe benefits.
B. Definitions of types of original employment:
1. Full-Time Regular Employee
a. Full-Time Regular employment will be made to a classification for regularly budgeted
County positions,working 25 hours or more per week.
b. A Full-Time Regular employee shall be eligible for all County fringe benefits as set forth
in these policies.
c. An employee serving in a full-time regular position shall be eligible for career service
status as described in Section 1.01.
2. Substitute Employee
a. Substitute employment may be made to fill positions for which leaves of absences are
granted to a regular employee.
b. Substitute employment shall be only for a period of time for which the regular employee
is granted leave.
c. A substitute employee shall not be eligible for County fringe benefits.
d. A substitute employee shall be exempt from career service status if employed for less than
one continuous year.
3. Temporary Employee
a. Temporary employment may be made when the work of a department requires the
services of one or more employees on a seasonal or intermittent basis, or in a position not
classified as a regular County position.
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 'e' below.
d. A temporary employee shall be exempt from career service status.
e. All employees who are employed under special grants/projects shall be temporary
employees throughout the duration of the grant/project. Such employees shall at no time
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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
funding for the position.
4. Emergency Temporary Employee
a. Emergency temporary employment may be made when a short-term emergency exists.
b. Emergency temporary employment may be made without regard to the person's training
or experience.
c. No person shall be given one or more emergency employments for more than three (3)
calendar months.
d. An Emergency Temporary Employee shall not be eligible for County fringe benefits.
e. An employee hired on an emergency basis shall be exempt from career service status.
5. Part-Time Employee
An employee is to be considered part-time if the employee works less than twenty-five (25) hours
per week. The salaried part-time employee who works at least twenty (20) hours per week will
accrue vacation and sick leave 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.
8. Florida Retirement System Senior Management
The Board of County Commission may designate in accordance with Florida Statutes 121.055(1)
positions within County Administration that meet the minimum requirements to be included in the
Senior Management Class, as long as that position incumbent acknowledges and waives their right
to career service designation on a form prescribed by the County Attorney's office in accordance
with the policy.
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2.04 PROBATIONARY PERIOD
A. The standard probationary period for new employees will be twelve (12) months from the date the
employee begins working as a regular employee for the County. If at any time during the probationary
period it is determined that the employee 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 final,with no rights of appeal to any authority,including the grievance procedure
contained herein.
Temporary employees, Federal or State Grant employees as well as employees originally hired under the
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.
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,
whichever 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 approved by the Administrator but will be able to apply for another County position through the
promotional opportunity system for 1 year, after which time he or she must wait until a desired position is
open to the public.
D. Any employee whose position evolves into accepting additional or different duties and/or
responsibilities within the same department may be reclassified to another pay grade and/or title upon
recommendation of the Department Head and approved by the Administrator but will not serve an
additional probationary period. (See Section 3.04 and 3.05.)
2.05 DEFINITION OF SERVICE
A. Creditable Service shall be defined as service during which the employee was on the payroll of the
County, or on approved leave of absence without pay.
B. An employee's continuous service date shall be established as the most recent date of hire and may not
precede the date of actual job performance.
C. Authorized leaves of absence to the extent provided in Section 8 of these policies shall not be considered
a break in service effective at the end of the employee's regular shift on the last day of work.
D. If an employee has a break of service of 48 hours or more,he/she cannot be reinstated to 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.
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E. Any unauthorized leave without pay for three consecutive workdays or more may be considered a break
in service and may result in termination.
2.06 MEDICAL EXAMINATIONS
A. In order to maintain a vigorous and healthy work force the County shall require post offer medical
examinations by a physician designated by the County.
B. The County Administrator may require that an employee submit to a physical and/or psychiatric
examination by a physician or other qualified practitioner at any time during their employment,which may
include blood and/or urine testing for drug or alcohol usage. Charges for same will be the responsibility of
the County.
Grant Programs will provide funding for medical examinations for their employees in their respective
budgets.
C. Should an examination result in disclosure of inability to meet the required minimum standards of the
specific occupation, the results of the examination shall be reviewed by the Human Resources office and
the employee's Department Head. Findings and recommendations shall be forwarded to the County
Administrator for final disposition. Payment of any expense incurred by the applicant/employee other than
the initial examination required by the County will be the responsibility of the applicant/employee.
D. An employee determined to be physically or mentally unfit to continue working in his/her current
classification may be terminated but may apply through the promotional opportunity system for any
available position for which said employee is determined to be qualified as well as physically and mentally fit
to perform all required duties of the position. Said employee will have promotional opportunity rights for
one year after 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 STATUS
Selection of applicants for new hire and in-house promotion shall be based on the applicant's ability to perform the
Job as outlined in the job description of the position being filled. The job description shall identify the specific
knowledge, skills, and abilities necessary for the successful performance of the duties of the position.
An evaluation of the applicant's knowledge, skills, and abilities as reflected in education, experience, licensure, or
certification as outlined on the employment application shall be compared to the required minimum qualifications
of the position. All applicants who appear to possess the required minimum qualifications shall be evaluated
according to uniform and consistently applied selection techniques established by Personnel Policies and
Procedures. These selection techniques shall be designed to provide maximum validity,reliability, and objectivity
and result in selection from among the applicants who are most qualified for the position.
Other than as described in Section 1.09,Veterans Preference,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.
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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 TRANSFERS
A. The County Administrator may, at any time, transfer an employee from one area to another and/or from
one position to another when he determines that it is in the best interest of the operation of the County to
do so. Transfers will be made by the County Administrator based upon a recommendation by the
employee's Department Head.
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 ASSOCIATION MEMBERSHIPS AND PARTICIPATION
Employees may be permitted time off from work with pay to be a speaker at a function,which is not required of
his/her position with the County, to attend organization membership meetings and participate in officer roles.
Leadership Monroe is also a qualified event under this policy. Participation during work hours must be related to
the employee's job duties with the County. Requests to participate during working hours must be provided to the
applicable Department Head,in writing,with final approval by the County Administrator.
Employees are attending these events on a volunteer basis and time allowed for attending such events does not
constitute hours worked for the purpose of computing required overtime payments.
The department the employee works in may pay for membership fees and other related fees,including travel.
Payment for all associated costs may be made in advance by the department or the employee will be reimbursed.
2.11 EMPLOYEE TRAINING
The County may require any employee to attend any and all training deemed necessary to perform his or her job
duties adequately and safely. Prior to employment with Monroe County, it is the applicant's responsibility to
provide proof of completion of said training requirements. Once employed, any certification or training deemed
necessary for continued employment is to be paid by the individual with reimbursement made after successful
completion. See 2.12,item A.
Departments may have ongoing training or education requirements for certain positions. In some cases, courses,
books, tuition, testing and other related fees associated with the education or training,including travel may be paid
for in advance by the department in which case the employee will not be required to be reimbursed. In other cases,
the employee may pay for the courses,books, tuition, testing and other related fees, and travel expenses, and be
reimbursed. In those cases, the expenditures require prior approval of the department head. Supporting
documentation acceptable to the Clerk must be submitted for reimbursement. Acceptability to the Clerk is based
on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal
of funds.
Employees must complete the course within one year from date of receiving any advance payment. If course is not
completed within one year, the employee must refund to the County the entire advance payment within one month.
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2.12 EDUCATIONAL ASSISTANCE PROGRAM
A. EDUCATIONAL ASSISTANCE POLICY3(3 See Florida Statutes 112.063
The County may provide financial assistance to County employees for educational courses which are
applicable to the employee's field of work, or of such nature and quality to directly contribute to the
employee's value and potential growth in the County service. Employees required to maintain training and
certification requirements as a condition of employment are also eligible for this program.
In the case of a degree-seeking student; although attainment of said degree may provide job enhancement
for the employee, courses taken in the pursuit of the degree must have some relation to County
employment.
B. ELIGIBILITY
An employee will be considered eligible for participation in the Educational Assistance Program 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.
The Department Head shall review the employee's eligibility to participate in the Educational Assistance
Program and shall be responsible for the administration of the program.
Upon enrollment in the course, the employee shall submit to the Department Head the enrollment receipt
and textbook receipt.
Upon completion of the course, the employee shall submit to the Department Head the proof of successful
completion. The tuition and textbook receipts, the Audit Slip or Purchase Order and the proof of
successful completion will be sent to the Finance Department for processing.A copy of all the
documentation will be sent to the Human Resources office and placed in the employee's personnel file.
D. TIME OFF FROM WORK
Qualified employees may be permitted time off from work with pay to attend educational training classes or
seminars which are related to their job duties, but which are not available during non-working hours,if
approved by the applicable Department Head. Allowable 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.
E. REIMBURSEMENT
1. Upon the successful completion of approved courses, the employee will be eligible for
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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. Textbook reimbursement allowance is limited to $125 per course. The employee is responsible
for paying any difference.
3. Reimbursement for tuition will be made only to employees who are on the active payroll when
payment is due.
4. Where tuition is covered under benefits from the Veterans Administration or a philanthropic
source, qualified employees may participate only in the "time off from work" feature of the
program.
5. Reimbursement under the Educational Assistance Program constitutes income to the employee.
The County must withhold taxes from this income and report to government agencies in the same
manner.
6. Employees must provide their own transportation to and from training.
7. Refunds shall be limited subject to the availability of funds and the number of participants in the
program.
8. This program may be amended or terminated at any time; however, such amendment or
termination will not affect any courses of study previously approved.
F. CONDITIONS OF REIMBURSEMENT
Employees who obtain reimbursement for any educational assistance shall remain with the County at least
two (2) years 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 two (2) years
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.
G. OBTAINING A DEGREE WHILE EMPLOYED
Effective May 1, 2016, employees who obtain a degree from an accredited institution,which is beyond what
is minimally required for the position that he/she holds with the County and that degree adds value to the
department as well as the County,will receive a $1,500 per year ($125 per month) salary increase for each
degree obtained. The incentive pay shall be divided and shall be paid 1/26th per pay period. In the event
the employee reaches the maximum of their current pay range, the amount is to continue to be added to the
employee's salary.
In the event the employee has a personnel action which results in a reclassification, transfer, hire through
promotional opportunity or if the employee receives any other type of salary increase in accordance with
these personnel policies and procedures, the incentive pay shall be added to any base pay received as a
result of the personnel action as long as that degree is not a requirement of the position and the degree
continues to add to the value of the department as well as the County.
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2.13 EMPLOYEE SAFETY
It is the responsibility of the County to promote and pursue a safe and healthy environment for all employees.
Monroe County has a viable safety program administered and enforced by the Monroe County Safety Officer
according to the Safety Policies and Procedures adopted by the Board of County Commissioners.
Employees will observe all safety rules and regulations established by the State of Florida and County Government.
Department Heads and Supervisors are responsible for the observance of those rules within their jurisdiction.
Failure to comply may result in disciplinary action.
2.14 PROMOTIONAL OPPORTUNITIES
A. It is the policy of the Board of County Commissioners to consider qualified County employees for
promotional opportunities before applicants from the general public are considered. An employee must
remain in his or her respective position for a period of at least six (6) months before transferring to another
position through the Promotional Opportunity system. If it is thought to be in the best interest of the
County to waive this rule,prior approval of the appropriate Department Head(s) and the County
Administrator must be obtained. Please review Section 2.04 Probationary Period. Promotional
Opportunities will be posted on bulletin boards throughout the County system for seven (7) calendar days.
a. Contractual Commissioner Aide positions (Executive Assistants) will not be required to be posted
and/or advertised unless at the request of the Commissioner with the vacancy.
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. Preference will also be granted to veterans claiming the veteran's preference during the first promotion
following reinstatement or reemployment in accordance with the rules set forth in Chapter 295, Florida
Statutes, and regulations issued by the Florida Department of Veteran's Affairs.
E. An employee may apply for and accept a position at a lower pay grade and responsibility. This will be
considered a voluntary transfer and any reduction of pay that is accepted by the employee shall not be
eligible for grievance.
2.15 EQUAL OPPORTUNITY POLICY
A. The County is firmly committed to equal employment opportunity, and does not discriminate in any
employment-related decisions on the basis of race, color,religion,national origin, sex, sexual orientation,
gender identity or expression,pregnancy, age, disability, or other similar factors that are not job-related.
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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,Assistant County
Administrator, Department Head and Supervisor to give the County's non-discrimination policy full
support through leadership, and by personal example. In addition,it is the duty of each 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 about job opportunities is readily available to all
employees and citizens of the County, and a continuing program shall be conducted to make the Equal
Employment policies known to all citizens of the County.
D. In this capacity, the 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,Assistant County Administrator, 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. Any violation which
cannot be remedied through the disciplinary process set forth in these policies and procedures may be
considered by the Board of County Commissioners for any other avenues legally available, such as, but not
limited to, contractual remedies, no trespass orders,injunctive relief,removal of workplace
accommodations which 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, pregnancy, 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,pregnancy, 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;
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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 an Assistant
County Administrator, Department Head, the Human Resources Administrator, or the County
Administrator. Assistant County Administrators 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). 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 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 determines that an employee (including public officials,Assistant County Administrator,
Department Head, or supervisor) or third-party has harassed another individual, appropriate remedial
action will be taken against the offender,up to and including termination. If the harassment involves a
third party such as a contractor,vendor, supplier, or other visitors to County buildings or the workplace,
that person may be barred from the premises.
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 an Assistant County Administrator,Department Head, the Human Resources
Administrator or the County Administrator. Assistant County Administrators 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.
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F. If one believes that the County has violated the equal opportunity policy, as stated in this section,he/she
should submit a written complaint to the EEO Coordinator. The EEO Coordinator shall investigate the
complaint and respond to the complaint.
2.16 EMPLOYEE RECOGNITION
A. EMPLOYEE OF THE QUARTER/YEAR PROGRAM
Monroe County has established an Employee Service Award which is designed to recognize employees who
demonstrate superior performance and dedication to their work which is above and beyond the call of duty.
(See Monroe County Administrative Instruction Series 4000.) The employee selected for the quarter shall
be awarded a $300 one-time lump sum payment and an appreciation plaque. The employee of the year shall
receive a one-time lump sum payment of$3,000 and an appreciation plaque.
B. YEARS OF SERVICE PROGRAM
Monroe County has established a program to recognize County employees who have been in the County
Service for Five,Ten, Fifteen,Twenty,Twenty-five, and Thirty. Grant and part-time employees will be
eligible for the years-of-service program.
At the employee's anniversary date, or as soon thereafter as is feasible, the Human Resources office will
send Department Heads a list of employees that are eligible for a years of service award that month along
with a template letter for recognizing the employee and notifying the Payroll office. Each Department Head
will be responsible for completing and providing a letter of recognition to the employee along with
providing a copy to 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
Department 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 Department'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 Department must coordinate with the Human Resources office regarding the
appropriate award as outlined below, and with the County Administrator'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 $200.00 award and recognition at the BOCC
Meeting;
c. For 15 years of service, a decorative pin and a $350.00 award and recognition at the BOCC
Meeting;
d. For 20 years of service, a decorative pin and a $500.00 award and recognition at the BOCC
Meeting;
e. For 25 years of service, a decorative pin and a $1000.00 award and recognition at the BOCC
Meeting;
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f. For 30 years of service, a decorative pin, an engraved Lucite desk clock and a $1,500.00 award and
recognition at the BOCC Meeting;
C. EMPLOYEE SUGGESTION PROGRAM
The employee suggestion program is designed to incentivize ideas by providing monetary awards to
employees who provide suggestions. (See Monroe County Administrative Instruction Series 4010). All
employees are eligible to submit suggestions with the exception of the County Administrator, Assistant
County Administrator(s), and the County Attorney.
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CLASSIFICATION PLAN
SECTION 3
3.01 CLASSIFICATION PLAN
A. SCOPE
The Classification Plan provides for a systematic and equitable arrangement of job classes and provides for
a complete inventory of all County positions. The purpose of the plan is to group various positions into
related classes based upon the range of duties, responsibilities and level of work performed.
B. COMPOSITION OF THE CLASSIFICATION PLAN
The Classification Plan comprises written job descriptions for each class of work included in the County
service. Job descriptions are intended to be a general outline of job duties performed by employees in a
particular job. They are used as a guide in recruiting and examining candidates for employment,in
determining the lines of promotion and developing training programs, as guidelines in determining salary
relationships and in providing uniform job terminology to convey the same meaning to all concerned.Job
descriptions may be changed from time to time by the County. This change may expand or reduce the job
duties of any job classification. Employees will be given as much advance notice of a change in their jobs as
is practicable. The job descriptions are maintained by the 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 Assistant County Administrator (if applicable), and the County
Administrator. Each employee will receive a copy of his or her respective job description at the time of his
or her employment, and any time there is a change in his or her job description.
3.02 POSITION AUDIT PROCEDURE
The County Administrator is charged with the responsibility of initiating position audits of any or all County service
positions at any time. Other position audits may be initiated by written request to the County Administrator from
the Department Head or Assistant County Administrator in which the specific position is located, or the incumbent
of the position to be audited. All requests must be approved by the Department Head and Assistant County
Administrator.
Position information will be gained through completion of a Job Assessment Tool UAT) 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 Human Resources office. The applicable
Department Head and Assistant County Administrator should review and make recommendations to the County
Administrator through the Human Resources office on all proposed new positions, changes, and position
descriptions.
3.03 DETERMINATION OF CLASSES
A. The Human Resources office upon certification of funds and findings that the proposed class or classes
are needed, shall propose new or revised classes of work as well as the abolition of existing or obsolete
classes, to the County Administrator for appropriate action.
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
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one-year period elects to take any position in the County service, said employee shall be removed from
preferential consideration.
3.04 ALLOCATION AND RECLASSIFICATION OF POSITIONS
A. The Human Resources office, after having determined the content of the positions and having received
the certification of funds and findings that the proposed class or classes are needed, shall propose new or
revised classes of work as well as the abolition of existing or obsolete classes, to the County Administrator
for appropriate action. Recommendations for changes may be made by the Department Head,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 INCUMBENT IN A RECLASSIFIED POSITION
When the incumbent of a position, through diligent application of work,is officially assigned more difficult and
significant additional responsibilities and duties which are at a higher level exceeding the regular duties of
his/her current classification or indicate that the current qualifications (key job requirements) are insufficient to
accomplish the successful execution of the work program of the operation the Human Resources office shall
perform a study of the present duties and responsibilities of the position. If it is determined after recommendation
by the Department Head,Assistant County Administrator 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 Assistant County
Administrator (if applicable) and the County Administrator which includes the additional duties of the position.
The incumbent's position reclassification is conditioned upon the determination that the incumbent meets the
minimum qualifications of the higher classification. 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. The establishment of a new or additional position can only be based 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 Department 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 OMB Department and approved by the County
Administrator.
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PAY PLAN
SECTION 4
4.01 PURPOSE
The Pay Plan is designed to provide a fair and equitable method for payment of employees in the County service. It
also establishes a set of rules and a uniform system of administration.
4.02 ESTABLISHMENT OF THE PAY PLAN
The Pay Plan shall be directly related to the Classification Plan and is the basis for payment of employees in the
County service. This plan shall be established with consideration being given to the following factors:
A. Relative difficulty and responsibilities existing between various classes of work.
B. Prevailing wage scales, for similar types of work, found in public and private industry in the local labor
market.
C. Availability of qualified personnel.
D. Economic conditions found in the area.
E. Fiscal policies of the Board of County Commissioners.
4.03 AMENDMENTS
The County Administrator shall make amendments to the Pay Plan when,in his discretion, economic conditions,
labor supplies, or other considerations indicate a need for such action.
Department Heads may recommend to the County Administrator possible amendments to the Pay Plan by
providing sufficient justification to make an evaluation of the causes and conditions requiring the change within the
confines of their respective departmental budget.
4.04 PAY PLAN REVISIONS
The Board of County Commissioners must approve the County Administrator's recommended Plan of
Compensation and subsequent revisions for approval and adoption.
4.05 ADMINISTRATION
The Human Resources office,in conjunction with the OMB Department, shall have the responsibility for the day-
to-day administration of the compensation plan. Approval of all hiring rates and other payroll changes shall require
approval of the 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
Attorney, subject to budgetary approval of the Board of County Commissioners.
4.06 APPLICATION OF THE PAY PLAN
All employees shall be employed and paid in accordance with the rates and policies established by the Pay Plan for
the specific job classification under consideration,unless otherwise stipulated in these policies.
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In no case shall an employee's salary exceed the maximum pay range of the pay grade of a position. Contract
positions may be an exception if the position does not have an assigned pay grade.
4.07 STARTING RATES
A. The minimum salary established for a position is considered the normal appointment rate for new
employees.
B. Appointments below or above the minimum salary may be authorized in the following situations:
1. In the event an applicant does not meet the minimum qualifications but is expected to obtain said
qualifications within 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. Occasionally, certain jobs may have to be paid more at the time of hire to attract and retain
competent employees. The prospective employee's starting salary should not exceed the current
salary of any employee with the same position who has comparable or greater qualifications.
i. If the applicant's training, experience, education, or other qualifications are substantially
above those required for the position, the County Administrator may approve employment
at a rate above the minimum established for the class. The need to make appointments in
excess of the minimum shall require written justification (Above Entry From "Enclosure 15
of Administrative Instruction 4705") that shows the prospective employee's education,
experience, and unique competencies are directly related to the position. The pay range of
all positions represents a 30-year employment period and recommendations for above entry
level should take this into consideration when recommending salaries based on prior years
of directly related experience.
ii. The request shall be approved by the Department Head and be processed through the
Human Resources office and the OMB Department for review and determination of
compliance with the County policies and procedures and budgetary control.
iii. The Human Resources office shall provide a monthly report to the Board of County
Commissioners which shall reflect all newly hired employees who are employed above the
entry salary.
4.08 SALARY RANGES, PROGRESSIONS, INCREASES
No salary adjustment shall be approved unless there is availability of funds and must be justified in writing by the
Department Head and approved by the County Administrator. All requests for salary increases shall be processed
through the Human Resources office and the OMB Department for review and determination of compliance with
the County policies and procedures and budgetary control.
In most cases, completion of the job Assessment Tool UAT) should be used to justify the increase. Anything not
covered on the JAT should be further detailed in memo format by the department.
An employee may receive a salary increase by means of a promotion, reclassification, pay range adjustment, or
equity adjustment.
A. An employee reclassified, transferred, or hired through promotional opportunity of one pay grade level
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or higher shall receive the greater of the minimum salary of the pay range or a 5% salary increase per higher
level pay grade. An increase above 5% per higher level pay grade shall require justification (Above Entry
Form "Enclosure 15 of Administrative Instruction 4705") in accordance with Section 4.07 B (2). In no case
shall the employee's salary be above the maximum pay range.
B. Effective January 1,2013,when an employee is permanently assigned significant additional
duties/responsibilities not warranting a reclassification of his/her position, but the new
duties/responsibilities have a substantive impact on an employee's daily work life, are outside the normal
scope, and require a new skill set, a salary increase may be warranted. The salary increase should be
commensurate with the magnitude of the additional duties/responsibilities with consideration given to
change in key responsibilities, essential job functions, and number of employees supervised. A salary
increase is typically not warranted if duties are `exchanged' and the knowledge, skills and abilities required to
perform the new duties/responsibilities are similar to performing the removed tasks.
C. 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 and/or Department Head and approved by the Assistant County Administrator and
County Administrator.
D. The Human Resources office shall provide a monthly report to the Board of County Commissioners
which shall reflect all personnel actions resulting in a salary increase for all current employees. This report
will exclude any cost of living/merit increases, etc.which are approved by the BOCC on an annual
or contractual basis.
E. Adjustments to salary may be granted to correct an equity problem. Adjustments must have the
appropriate support documentation that proves the inequity among those in similar county positions doing
the same level of work and responsibility along with having comparable qualifications including training,
experience, and education.
F. MERIT INCREASES
1. A merit increase is a salary increase within the same pay grade, awarded for outstanding County
Service.
2. Merit increases are not automatic.
3. The amount of merit increase an employee receives,if any shall be determined by the availability
of funds, and the system/procedures proposed by the County Administrator and adopted by the
Board of County Commissioners each fiscal year. All salary adjustments must be approved by the
County Administrator.
4. An employee shall be eligible for consideration for a merit increase during the budget preparation
period after completion of their initial probation period.
Unless otherwise approved by the Board of County Commissioners each fiscal year, an employee
will receive a Merit Increase on their Anniversary Date (see Section 4.09 C).
5. New employees hired below the minimum rate would be eligible for consideration six months
from the date they are adjusted into the minimum rate.
6. Once an employee has reached the maximum salary amount of the pay grade in which his or her
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position is classified, the merit increase will be awarded as a one-time lump sum payment on the
employee's anniversary date (unless otherwise approved by the Board of County Commissioners
each 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 determining the time required for advancement eligibility.
G. COST OF LIVING INCREASES
The decision whether to or when to grant a cost-of-living allowance, as well as the decision of the amount of such
increase (if any) will be made in the sole and exclusive discretion of the Board of County Commissioners.
H. RECRUITMENT AND RETENTION INCREASES
Retention Salary Increase
This provision is intended to provide consideration of critical and/or unusual administration problems. A
retention salary increase may be approved, at the County Administrator's sole discretion, in accordance with the
following provisions:
If the employee has received a documented bona fide job offer with an employer other than Monroe County
BOCC and the retention increase is a counteroffer to retain the employee in their current position ()ob offers from
other Monroe County BOCC offices, Property Appraiser, Clerk of the Circuit Court, Supervisor of Elections,Tax
Collector, Sheriff, or other office that reports to the Board of County Commissioners will not be deemed a bona
fide job offer with an employer other than the County under this provision). It is not the intent of this policy to
compete with the Monroe County Constitutional Offices. Under the provisions of this policy, these offices shall
not be considered as an employer other than Monroe County BOCC.)
A. Retention salary increase decisions are not grievable through the County's grievance procedure unless it
is alleged that such a decision was made based upon unlawful discrimination.
B. To be eligible for retention increase consideration, the affected employee must:
1. Currently be employed by the County in a career service status position;
2. Have 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 performing at an acceptable level, and shall not have been issued a
written warning within 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.
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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 Assistant County Administrator (if applicable) 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:
1. A cover memo addressed to the County Administrator with the written recommendation approved by
the department head and Assistant County Administrator (if applicable).
2. If the employee has another job offer:
(a) Validity of the job offer,preferably a copy of the written job offer;
(b) The respective office's independent verification of the job offer;
3. A detail of the training costs that Monroe County incurred on the employee's behalf over the past
twenty-four (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 "Meets Expectations" level and that he/she has not been issued a written
warning within the previous twelve months);
5. That the Department's recommended increase, if approved,would not place the employee above the
maximum for their current pay range;
6. Salary comparison of other employees within the department with similar job duties, qualifications and
years of service;
7. Recruitment and retention conditions in critical areas as may be demonstrated by:
(a) high turnover;
(b) declined job offers; or
(c) copies of resignation letters from previous employees.
8. Importance of the position in relation to the Action Plans of the department.
The Human Resources office will review the request and make a recommendation to the County Administrator.
Certification Incentive Salary Increase
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This provision is intended to provide an incentive for employees to obtain certifications beyond their current
minimum job requirements which will enhance the knowledge in their current position and add value to the
department as well as the County.
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. In the case
of a claim of a decision being based upon unlawful discrimination, the affected employee shall follow the
procedures outlined in Section 2.15 of the Personnel Policy.
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; either with career service
status or within the employee's new hire probationary period;
b. 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
c. not exceed four certifications per calendar year (renewal of a certification will continue
certification incentive pay,but not net any additional increase in pay).
C. An Employee must submit the completed Request for Certification Incentive Form to the immediate
Department Head and Human Resources for approval prior to the employee enrolling in the course.
D. $1,500, or dollar amount as stated in Administrative Instruction 4006 and 6402,will be added to the
affected employee's salary. The incentive pay shall be divided and shall be paid 1/26th per pay period.
E. 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, $125 per
month (1/26th per pay period) for$1,500 incentive, or incentive amount divided by 12 months,will be
added to the employee's salary.
F. In the event the employee holding the certification has a personnel action which results in a
reclassification, transfer, hire through promotional opportunity or if the employee receives any other type
of salary increase in accordance with these personnel policies and procedures, the certification amount shall
continue to be paid in addition to the base salary for the position as long as that certification is not a
requirement of the position and the certification continues to add to the value of the department as well as
the County.
G. Employees are solely responsible for keeping certifications active and obtaining re-certifications. In the
event the certification lapses, the Department Head is responsible for completing the appropriate Personnel
Action Form to remove incentive pay. Expired certifications will result in the salary increase for the
incentive being removed from the employee's pay.
H. Certification incentive salary increases recommended under this provision are subject to the availability
of funds.
The Human Resources office will review the request and make a recommendation to the County Administrator.
Procedure:
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To request a certification incentive salary increase, the respective employee shall complete the Certification
Incentive form and obtain approvals prior to registering in the certification course or program.
a. The employee shall complete the form and submit it to the Department Head for their approval of the
recommendation.
b. The Employee Services Director will review the request and shall approve or deny the request.
c. Human Resources will officially notify the employee of the approval (or denial).
d. Upon satisfactory completion of the certification program, the employee shall provide sufficient proof to
Human Resources. Human Resources will prepare and process the Compensation Change to be effective
on the date of certification.
e. The department the employee works in will pay for the courses,books, tuition, testing and other related
fees,including travel, associated with achieving the certification and recertification. Payment for all
associated costs to obtain the certification may be made in advance by the department or the employee will
be reimbursed once he/she achieves the certification. Employees must complete the course within one year
from date of receiving any advance payment. If course is not completed within one year, the employee must
refund to the County the entire advance payment within one month.
The employee shall remain in the county for at least one (1) year after achieving the certification or any
costs associated with the employee achieving the certification shall be refunded to the County and deducted
from the employee's final paycheck.
4.09 DATE OF HIRE, PAYROLL CHANGES,ANNIVERSARY DATES & EMPLOYMENT STATUS
CHANGES
A. DATE OF HIRE
The date an employee first begins work for the County shall be his/her date of hire and shall be used in
relation to the procedures governing fringe benefits and evaluations when applicable. Any break in
employment of 48 hours or more will create the need for a new date of hire if that employee returns to
County Service.
B. CHANGES IN EMPLOYMENT STATUS
A promotion can occur when an employee is moved from a position in one class to another position in a
different class which has a higher maximum salary.
Any employee may be recommended for demotion by the Department Head with the approval of the
Assistant County Administrator (if applicable) and the County Administrator for cause. A demoted
employee may not be paid more than the maximum rate established for the new pay grade.
An employee moved into another position in the same job classification or to a different position with the
same pay range may not be eligible for a salary increase at the time of transfer.
C. ANNIVERSARY DATES
An employee's anniversary date is effective one year from a promotion,reclassification, or transfer which
also resulted in an increase in salary.
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D. OTHER
When a temporary employee attains the status of regular employee in the same position, his anniversary
date will be his date of hire for evaluation purposes. Leave accrual and benefits will be implemented in
accordance with current rules and regulations governing same.
4.10 TEMPORARY - HIGHER CLASSIFICATION
Due to a vacancy of a budgeted position an employee may be assigned full-time to work in a higher classification
up to one year,unless otherwise determined by the County Administrator. An employee required to work in a
higher classification 14 consecutive calendar days or less shall be required to do so at no increase in pay. If the
employee is required to work beyond this period, he or she should be given a temporary transfer to the higher
classification and be paid the greater of the minimum salary of the pay range or a 5% salary increase per higher level
pay grade (whichever is greater) beginning on day 15. At the conclusion of the assignment,pay shall revert to the
authorized rate established for his regular position. Any such temporary increase granted shall not affect the
employee's eligibility for normal salary advancement.
One or more employees may be temporarily assigned duties/responsibilities of another budgeted position (due to
vacancy,leave of absence of the incumbent, or during training periods for newly hired staf�,which have a
substantive impact on an employee's daily work life, are outside the normal scope, and require a new skill set. An
employee assigned such duties/responsibilities for 14 consecutive calendar days or less shall be required to do so at
no increase in pay. If the employee(s) is required to work beyond this period, the employee(s) will be given a
temporary adjustment in pay of 5% beginning on day 15. At the conclusion of the assignment, pay shall revert to
the authorized rate established for his/her regular position. Any such temporary increase granted shall not affect
the employee's eligibility for normal salary advancement.
4.11 WAGES DUE DECEASED EMPLOYEE
In the case of the death of an employee for whom an estate is not raised, any wages, travel expenses or similar
amounts due the employee shall be paid by the County in accordance with the Florida Statute 222.15. An
employee who does not have living parents, spouse, or children shall have the right to designate a beneficiary in
writing.
4.12 BUDGET 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 Commissioners. Accordingly, all employees are hereby placed
on notice that the payment of salaries and the granting of salary increases is always subject to the availability of
funds.
4.13 COMPENSATION FOR EXECUTIVE ASSISTANT TO THE MAYOR
When an employee becomes the mayor's aide, said employee will be awarded a 4% salary increase for the length of
time he/she holds the position of Executive Assistant to the mayor. Said employee will acknowledge by signature
on form entitled "Monroe County Employment Agreement Executive Assistant to the Mayor" that he/she
understands and agrees that this additional compensation will be withdrawn if and when the commissioner is no
longer Mayor.
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HOURS OF WORK
SECTION 5
5.01 WORKDAYS AND WORK WEEK
A. No County Department may operate on less than a 40-hour normal work week (exclusive of lunch
breaks),unless authorized in advance in writing by the County Administrator.
B. The work week shall start at 12:01 a.m. Sunday and end at 12:00 midnight Saturday,unless otherwise
approved by the County Administrator.
C. Effective May 1, 1991, all newly hired regular full-time employees will be required to work 40 hours per
week unless the authorized job posting states otherwise, or unless otherwise determined by the County
Administrator. When an employee changes his or her position through the Promotional Opportunity
system,he/she will be required to work forty (40) hours per week, unless otherwise posted.
D. All full-time employees are required to be present on their assigned jobs for the total hours in their work
week unless absence from duty is authorized by the appropriate authority in accordance with these
personnel policies.
E. Part-time employees are required to be present on their assigned jobs for the total number of hours for
which compensations are being received,unless absence from duty is authorized by the appropriate
authority in accordance with these personnel policies.
F. All absences shall be properly recorded and charged.
G. Nothing herein shall constitute a guaranteed minimum number of working hours per week.
H. Alternative work schedules (e.g., four 10-hour days) are implemented at the discretion of the
Department Head for operations and sections that can utilize manpower and equipment in a more
productive manner with the longer day.
I. 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 nine hour days and one four hour day; (4) work 5 eight hour days and use only
1/2 hour for lunch and arrive a half-hour later or leave a half-hour earlier; or (5) such other
arrangement as are mutually agreeable with employee, supervisor, and Department Head.
2. During weeks with holidays as detailed in Section 6 of Personnel Policies and Procedures (or as
otherwise granted by the BOCC), the employee will be granted time for the holiday (if not worked)
for what the employee would have normally worked for that day.
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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.
4. Immediate supervisor or Department Head has the right to cancel an employee's participation in
the Flex Time Program due to hardship issues or abuse of the policy.
5.02 OVERTIME WORK FOR NON-EXEMPT, NON-EMERGENCY RESPONSE EMPLOYEES
Overtime is generally an unbudgeted expense and should be approved prior to time worked.
A. STATEMENT OF POLICY
1. Overtime,whether compensated with cash or time off,must be approved by the Department
Head or other appropriate authority as stated in Administrative Instruction 4716 Series. The
employment and work program of each Department should be arranged so as to eliminate the
necessity of overtime work except in emergency situations.
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. Hours physically worked in excess of forty (40) hours in a work week will be paid at one and
one-half times their regular rate of pay or the employee will be granted compensatory time as
described below in section 5.02 (A) (5) (b). The following leave types shall count towards the first
40 hours of an employee's schedule as "time worked" for the purposes of calculating overtime or
compensatory time: vacation time, sick time, compensatory time, holiday time, administrative leave
as defined in Section 8.01 (K) of this manual if the leave is paid leave, and administrative leave as
defined in the County's resolution regarding compensation for emergency response work.
5. Compensatory time,if offered by the County,will be governed by the following conditions:
a. Must be authorized by the appropriate Department Head or other appropriate authority
as defined in A. 1. above and the employee must consent in writing to compensatory time
in lieu of time and a half monetary compensation;
b. One and one-half hours of compensatory time will be granted for each hour of overtime
worked;
c. Compensatory time may be "banked"; however, the maximum balance is 240 hours.
When an employee has accrued the 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-half rate;
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 workload and scheduling but only if such workload and scheduling constitutes an
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undue burden on the County. Paying overtime to another employee to accommodate an
employee's compensatory time request is not an undue burden.
e. Upon termination of employment, an employee will be paid for all unused authorized
compensatory time at a rate of compensation not less than:
(I) the average regular rate received by the employee during the last three years, or
(ii) the final regular rate received by the employee,whichever is higher.
5.03 OVERTIME WORK FOR EMERGENCY RESPONSE EMPLOYEES
Overtime for Firefighters is outlined in the negotiated IAFF Union Contract.
5.04 OVERTIME WORK FOR EXEMPT EMPLOYEES
It is the general policy of Monroe County not to compensate for overtime those employees classified as `exempt'
from the Fair Labor Standards Act. However, an Assistant County Administrator or Department Head designated
by the County Administrator may approve compensation for overtime, either in compensatory time or pay, for an
exempt employee who has been required to work unusually large amounts of overtime, such as during a disaster,
etc.
5.05 MEAL AND REST PERIODS
A. Employees classified as regular full time will receive a total of one hour for meal/rest period per work
shift, 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 other employees will receive meal or rest periods in
an amount and time deemed appropriate by their Supervisor.
Meal and rest periods shall be scheduled by the Department Head consistent with the effective operation of
the department and may be rescheduled whenever necessary.
B. Nursing Mothers - Section 7(r) of the Fair Labor Standards Act as amended by the Patient Protection
Affordable Care Act:
For up to one year after the child's birth, nursing mothers will have a reasonable break time to express
breast milk for a nursing child and be provided a place, other than a bathroom, that is shielded from view
and intrusion from the public,which may be used to express milk.
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HOLIDAYS
SECTION 6
6.01 OFFICIAL HOLIDAYS
With the exception of"A" & `B" 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 Labor Day
Presidents Day Columbus Day
Martin Luther King's Birthday Veterans Day
Good Friday Thanksgiving Day
Memorial Day Thanksgiving Friday
Juneteenth *Christmas Day
Independence Day
* In years when December 25th (Christmas Day holiday) falls on a Tuesday,Wednesday,Thursday, or Friday the
County shall also observe December 24th (Christmas Eve) as a holiday.
**In years when January 1st (New Year's Day holiday) falls on a Tuesday,Wednesday, Thursday, or Friday, the
County shall also observe '/2 day on December 31st (New Year's Eve) as a holiday.
In addition to the above-designated holidays, the Board of Commissioners,in its sole discretion, may grant other
special holidays during the course of a year to some, or all, County employees.
A. Guardian Ad Litem—Official Holidays
The positions of Case Coordinator and Paralegal Litigation shall observe the following holidays:
New Year's Day Columbus Day
Martin Luther King's Veterans Day
Birthday Good Friday Thanksgiving Day
Memorial Day Thanksgiving Friday
Juneteenth Christmas Eve
Independence Day Christmas Day
Labor Day
B. Public Defender—Official Holidays
The positions of Hearing Reporter, Sr. Systems Analyst, and Indigence Examiner shall observe the
following holidays:
New Year's Day Veterans Day
Martin Luther King's Birthday Thanksgiving Day
Memorial Day Thanksgiving Friday
Independence Day Christmas Day
Labor Day
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6.02 ELIGIBILITY
All salaried employees on the active payroll on the date of the holiday shall be eligible for holiday pay at their regular
rate of pay. Hourly employees shall not be eligible for holiday pay. Employees must be working or on
approved leave with pay the entire day before and the day after a holiday to be compensated for said holiday.
6.03 WORK DURING HOLIDAYS
Each employee shall observe all holidays designated in this Section, provided that the workload of the department is,in
the discretion of the County Administrator, such that the employee's workload cannot be discontinued without causing
a hardship to the County.
In the event that the workload 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 days leave in lieu of the holiday or paid for the work performed on the holiday, as determined by the
Department Head.
6.04 HOLIDAYS FALLING ON WEEKENDS OR WHEN COUNTY FACILITIES ARE NORMALLY CLOSED
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 HOLIDAY 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 HOLIDAYS
Employees who choose to observe other "holidays" for religious or other reasons must do so by utilizing annual leave
pursuant to Section 7.
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LEAVE WITH PAY
SECTION 7
7.01 ANNUAL LEAVE
A. ELIGIBILITY
All salaried employees with regular status working 20 hours or more per week shall earn and accrue
annual leave with pay. Hourly employees will not accrue annual leave.
B. ACCRUAL
Annual leave for regular, employees shall be earned in accordance with the following table:
Years of Hours of Leave Earned Hours of Leave Earned
Continuous During Each Calendar During Each Calendar
Service Month Month
40 HPW 37 1/2 HPW
1 through 3 years 4 hours per bi-weekly 3.75 hours per bi-weekly
pay period pay period
(13 working days per year) (13 working days per year)
4 through 10 years 5 hours per bi-weekly 4.75 hours per bi-weekly
pay period pay period
(16 1/4 working days per (16.5 working days per year)
year)
11 through 15 years 6 hours per bi-weekly 5.75 hours per bi-weekly
pay period pay period
(19 1/2 working days per (19.9 working days per year)
year)
16 through termination
of employment 7 hours per bi-weekly 6.75 hours per bi weekly
pay period pay period
(22 3/4 working days per (23.4 working days per year)
year)
Monroe County currently has a bi-weekly pay period system commencing at 12:00 a.m. Sunday,
ending two Saturdays later at 11:59 p.m. There are 26 pay periods per year.
Annual leave for employees working less than 40 hours per week, but more than 20 hours per week
will be prorated according to the hours worked.
When there has been a break in employment of 48 hours or more, the employee, upon reinstatement
or re-employment,will begin earning annual leave as a new employee.
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Employees who are on leave without pay status for more than 8 hours during a pay period will
not accrue annual leave for that pay period.
C. 1.Annual leave may be used on a payday-to-payday basis as it is earned according to scheduling requirements
and may be accumulated up to 60 working days with a maximum of 480 hours. Any time earned in excess of this
amount as of April 1 each year will be paid to the employee at their regular rate of pay. Individual employees
are responsible for monitoring their own leave balance. For example:
Average Hours worked per week Hours worked per day Maximum hours accrual
40 8 480
30 6 360
25 5 300
24 4.8 288
20 4 240
D. 1. All annual leave must be approved in advance by the applicable Department Head or the Assistant
County Administrator/County Administrator depending on the position held by the requesting employee. The
employee shall fill out his Leave Request Form and submit it to the Department Head, who has the right
to deny an employee's request for annual leave, if granting such leave at that time would be detrimental to
County operations. Upon such denial,the employee may request the leave at another time. The Department
Head is responsible for verifying that the employee does have sufficient accrued leave to cover the period of
absence, and should return the leave request to the employee indicating approval or denial,within
seven (7) days of receipt of the request,unless a valid reason is given to the employee for the delay.
E. ANNUAL LEAVE PAY UPON SEPARATION
If the payment of annual leave is approved by the County, computing said leave pay will be based on
the employee's regular rate of pay and terms of separation.
Upon enrollment into DROP, all vacation time will be paid to the employee upon completion of the
appropriate payroll forms (Approved by BOCC June 10, 1998).
F. RESTRICTIONS
Annual leave may be used for any purpose; however,it is a privilege incident to County service and is not a right,
and may only be used by the employee if taken prior to termination for cause or in accordance with these policies,
with the following restrictions:
1. Annual leave may not be taken until accrued in accordance with these rules.
2. Employees will not accrue annual leave during a leave of absence without pay, a suspension or when
the employee is otherwise in a non-paying status.
3. Section 11.01-Resignations.
4. Employees who leave the County service without proper notice or who are terminated for just
cause may be denied payment of accrued annual leave.
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7.02 SICK LEAVE
A. ELIGIBILITY
All salaried employees with regular status working 20 hours or more per week shall have the privilege
of accruing sick leave in accordance with these policies. Hourly employees will not accrue sick leave.
Employees shall not be eligible to use sick leave until they have been in the County service for 90 days,
unless recommended by the Department Head and approved by the Assistant County Administrator
or County Administrator. Verification of illness by a physician may be required.
B. ACCRUAL OF SICK LEAVE
All regular, full-time employees will accrue 4 hours sick leave per pay period.
There will be no limit of the amount of sick leave that can be accrued.
Sick leave for employees working less than 40 hours per week, but at least twenty (20) hours per week
will be prorated according to the hours worked.
When there has been a break in service of 48 hours or more, the employee upon reinstatement or re-
employment will begin accruing sick leave as a new employee. Employees who are on leave without
pay for more than 8 hours during a pay period will not accrue sick leave for that pay period.
C. USE OF SICK LEAVE
1. Sick leave shall be used only with the approval of the applicable Department Head or the Assistant
County Administrator/County Administrator depending on the position held by the requesting
employee 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 o£
a. The employee's personal illness, injury 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 foster child).
c. The employee's personal appointments with a practitioner when it is not possible to arrange
such appointments for off-duty hours, but not to exceed the extent of time required to
complete such appointments.
d. Prearranged surgery or other health-related matters.
D. Monroe County has established a Sick Leave Pool for eligible full-time employees designed to aid the
employee suffering from an extended illness or injury (See Administrative Instruction 4702 for rules and
enrollment procedures).
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7.03 MEDICAL JUSTIFICATION
A. Sick leave is a privilege, and not a benefit. In fact, use of sick time actually causes a hardship on
the County. The County must, therefore, ensure that employees utilizing sick leave are complying with
Section 7.02 of these policies and procedures.
Employees must meet the following conditions in order to be granted sick leave with pay:
(1) Notify his/her immediate Supervisor as soon as the employee learns that he/she will be unable
to report to work in accordance with individual department policy. The employee shall call 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.
(2) File a written report (after returning to work) explaining the nature of the illness when required,
by her Supervisor or Department Head.
(3) Permit medical examination, nursing visit or any County inquiry (telephone call, visit to
the employee's house, etc.) deemed appropriate by the County to document the illness of the
employee or family member.
The Department Head is responsible for following up on sick leave use and for ensuring that there is no
sick leave abuse. The Department Head may require any employee to bring in a note from his or her
personal physician for absences of three (3) consecutive working days or more. However, if a
Department Head reasonably suspects that an employee is abusing sick leave, said Department Head may
require that any use of sick leave by the employee for herself or family member be justified by a note
from a physician. Further, in the event that a Department Head is unsatisfied with the initial doctor's
note, he may require the employee or family member to be examined by a County- designated physician at
the County's expense.
B. If it is determined that the employee is unfit to continue working, the Department Head may require
the employee to use any part of his accrued sick leave, compensatory time or annual leave and may
thereafter require the employee to take such leave without pay as is medically determined sufficient to
restore him to normal health, however, this will in no way prevent the County from separating him from
employment if the absence would be of such duration as to pose a hardship on the operations of the
Department.
C. The Department Head may require, at any time, an employee to present medical evidence that he
is physically or mentally fit to work and/or the Department Head may require an employee to be
examined by a County-designated physician or psychiatrist,at the County's expense.
7.04 NOTIFICATION OF ABSENCE
(SEE 7.03 A)
If absent for three consecutive workdays without reporting to the Supervisor a reason sufficient to justify
the absence, the employee may be removed from the payroll as having voluntarily resigned without
notice. The Supervisor is to notify the Department Head. Any unauthorized absence may be cause for
disciplinary action,up to and including termination.
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7.05 FUNERAUBEREAVEMENT LEAVE
A. All employees covered under this policy,including temporary employees, shall be granted up to four
working days off with pay in the event of a death in an employee's immediate family. Additional time off
(over and above the four working days herein provided) may be approved by the Department Head and
charged to sick or annual leave. Additionally, the County may require proof of death of a family member
before making payment for leave. The immediate family shall be construed to mean one of the following:
Husband, Wife, father,mother, son, daughter, sister, brother, uncle, aunt, first cousin, nephew,niece,
domestic partner, domestic partner's father and mother, legal guardian, grandparent or in-laws father-in-
law, mother-in-law, son-in-law, daughter-in-law,brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half- brother, half-sister.
7.06 HOLIDAYS DURING SICK LEAVE
Holidays occurring while an employee is on sick leave shall not be charged against the employee's sick leave
balance.
7.07 PAYMENT OF UNUSED SICK LEAVE
A. An employee who terminates with less than five (5) years continuous service shall not be paid for
any unused sick leave credits.
B. Employees with varying years of continuous service shall, upon separation, from the County in
good standing, death, or retirement,receive incentive sick leave pay as follows:
5 to 10 years of service - 1/4 of all accrued sick leave,with a maximum of 30 days.
10 to 15 years of service - 1/2 of all accrued sick leave,with a maximum of 90 days.
15 years or more - 1/2 of all accrued sick leave,with a maximum of 120 days.
C. The payments made as terminal pay for unused sick leave,whether paid as salary or otherwise, shall not
be used in the calculation of average final compensation for retirement.
D. Employees who leave the County service without proper notice or who are terminated for just cause
may be denied payment of accrued sick leave.
7.08 TRANSFER OF LEAVE
An employee who resigns from any entity or organization to accept a position with the county will not be
credited with hours of unused sick or annual leave which was accrued while employed by that entity or
organization.
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LEAVE OF ABSENCE
SECTION 8
8.01 ADMINISTRATIVE LEAVE
Administrative leave is leave with pay that is not charged to the employee's sick or annual leave.
A. JURY DUTY AND COURT LEAVE
1. A full-time employee who is summoned to jury duty by a city, the County (Monroe), the State of
Florida, or the Federal Government or subpoenaed to appear in court as a witness in a criminal or
civil action arising from his or her county employment shall be granted time off with pay for the
time actually spent on jury duty or in the court appearance. Fees paid by the court will be retained
by the employee unless otherwise determined by the County Administrator. As conditions
precedent to receiving time off with pay for jury duty or court appearance of the aforesaid nature,
the employee must:
a. Notify 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 determine
whether the employee will be required to report back to work. Employees who work a 24-hour
shift,will contact their Department Head (or designee) when released from jury duty. If the
Department Head (or designee) determines that the employee could not effectively complete his or
her work shift, the employee may be granted time off with pay for the remainder 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 pay for the time actually spent on jury duty
or in the court appearance. As conditions precedent to receiving time off with pay for jury duty or
court appearance of the aforesaid nature, the employee must abide by the provisions contained
above in Section 8.01 A-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 pay to the extent that the Department
Head so approves.
5. Notwithstanding any of the provisions of Section 8.01-A above, no employee shall receive pay
from the County where the employee is a plaintiff, claimant, or witness against the County in a
matter contrary to the County's interests.
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6. Any employee subpoenaed or otherwise requested to be a participant in any legal matter related
to County business must inform the County Attorney's office as soon as possible after receiving
said notification.
B. ELECTIONS
An employee who is a properly registered voter and who lives at such distance from his assigned work
locations as to preclude his voting outside of working hours may be authorized by the Department Head to
have a maximum of two hours of leave with pay for this purpose. An employee shall not be granted
administrative leave to work at the polls during elections.
C. MEETINGS
In cases where it is deemed by the Department Head to be beneficial to the County, an employee may be
granted leave with pay to attend such professional meetings (See Section 2.10) 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 while taking examinations before a Federal, State or County
agency,provided such examinations are pertinent to his County employment,if approved by the
Department Head.
E. MILITARY LEAVE—In accordance with F.S. 115
1. Military Training- Employees who are reserve enlisted personnel in the United States military or
naval service, or members of the National Guard will be granted leave with full pay during days
which they are engaged in military or naval training. Leave shall not exceed 240 working hours in
any one annual period (beginning October 1 and ending September 30 of the following year).
Administrative leave of absence for additional time shall be without pay and shall be granted
without loss of time or efficiency rating. The employee will not be required to use annual leave or
similar leave (comp time) in lieu of LWOP. Does not include Armory Drills or Multiple Training
Assemblies.
2. Military Service - Employees who are enlisted personnel in the National Guard, or a reserve of
the U.S. Armed Forces will be granted leave to perform active military service for the first 30 days
with full pay. Paid leave shall also include the period during which a person in military service is
absent from duty on account of sickness,wounds,leave, or other lawful cause.
Period of active military service shall begin with the date of entering upon active military service and
shall terminate with death or a date 30 days immediately next succeeding the date of release or
discharge from active military service, or upon return from active military service,whichever shall
occur first.
Military earnings will be retained by the employee.
3. Examinations for Military Service—Any employee who is ordered by the Selective Service Board
to appear for a physical examination for induction into the military service shall be granted leave
with pay for this purpose.
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4. Re-employment—National Guard Members —A 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. USERRA—Uniformed Service Employment and Reemployment Rights Acts of 1994. Does not apply to
"state" military duty or governor call-ups of National Guard Members. Please refer to "E" above for leave
Policy.
In addition to "E" above:
USERRA 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.
USERRA covers voluntary and involuntary.
For purposes of military leave covered by USERRA—"Service" is defined as: Active duty, active duty for
training,initial active duty for training,inactive duty training, full-time National Guard duty, absence for
examination to determine fitness for any 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 times 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. BENEFITS WHILE ON LEAVE—Beginning on the 31 st day and beyond, there will be no
health insurance coverage. Employees will be offered coverage under COBRA.
2. RE-EMPLOYMENT (Military time served must be satisfactory. Must not be `less than
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honorable conditions".)
A returning employee's notification of intent to return to work must be made promptly following
completion of military service.
Service of 1 —30 days: the beginning of the next regularly scheduled work period on the first full
day following completion of service and expiration of an 8-hour rest period following safe
transportation home.
Service 31-180 days: application for reinstatement must be submitted no later than 14 days after
completion of military duty.
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 during service.
The employee must report back to work as soon as possible. Failure to report (unless through no
fault of the employee) will be handled in accordance with the County's policies.
Returning employee's pension plan accruals and vesting will continue as though no break in service
had occurred except in limited situations (regarding health benefits as defined under the Act).
Upon re-employment, the employee has 3 times the length of service (not to exceed 5 years) to
make payments to any contributory plan and the County will fund any resulting obligation of the
plan within the same time).
When re-employed, the health insurance coverage will start from day 1 and there will be no waiting
period.
G. ADMINISTRATIVE LEAVE FOR RE-EXAMINATION OR TREATMENT BY VETERANS
ADMINISTRATION WITH RESPECT TO SERVICE-CONNECTED DISABILITY—In accordance
with F.S. 110-119.
Any employee of the County who has been rated by the Veterans Administration to have incurred a
service-connected disability and has been scheduled by the Veterans Administration to be re-examined or
treated for the disability shall be granted administrative leave for such examination or treatment without
loss of pay or benefits. In no event shall the paid leave under this section exceed six (6) calendar days a year.
A leave request should be submitted to the Department Head for said leave as far in advance as possible.
H. BLOOD DRIVES
Employees will be granted leave with pay to donate blood during the County's organized Blood Drives.
I. EMERGENCY RESPONSE VOLUNTEERS
1. Any employee who is a documented member of an Emergency Response Team will not be
charged annual or sick leave or be required to 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.
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2. Any employee who is a member of an Emergency Response Team should inform the County at
the time of employment interview or if already employed by the County,upon becoming a member
of such a Team. Failure to do so could result in disciplinary action.
J. MENTORING PROGRAM
Pursuant to Resolution 100-2000, county employees may mentor a child in the Monroe County School
District for up to one hour per week (not to exceed five hours per calendar month). Leave will be granted
after taking into consideration the impact on such leave on the employee's work unit. If an employee is
granted administrative leave under this section and does not use the administrative leave as authorized in
this section, the employee shall not accrue or be paid for such unused leave.
K. County Administrator may approve administrative leave for other business-appropriate circumstances.
Examples include but are not limited to: employee suspension while a workplace investigation is being
conducted if recommended by the department head, an unforeseen extreme personal crisis, and unexpected
shutdowns of County facilities. Employees should discuss their circumstances and make requests with their
Supervisor,Department Head, or Human Resources Administrator.
8.02 DISABILITY LEAVE -WORKERS COMPENSATION
A. ELIGIBILITY
An employee,who sustains a County Service-connected disability which prevents the employee from
carrying out his regular duties or any other duties as assigned, shall be entitled to disability leave within the
guidelines of this Section.
B. DEFINITIONS
1. Date of Disability-The date on which the disability began, or the last day of duty following
injury,whichever is later.
2. Service-Connected Disability-A physical condition,resulting from accident or injury in the line
of duty,which prevents an employee from performing his regular duties or any other duties as
assigned.
C. DISABILITY DETERMINATION
Determinations of the existence and service connection of a disability shall be made in accordance with the
Florida State Workers Compensation Act which provides that the employer is responsible for furnishing
employees,who have incurred service-connected disabilities,with such remedial treatment, care and
attendance under the direction and supervision of a qualified physician, surgeon, or other recognized
practitioner. The County reserves the right under the provisions of this Section to specify the physician or
surgeon or recognized practitioner to handle any and all service-connected disability cases.
Disability determination shall be made based on:
1. All facts in the service history of the case.
2. The findings of the medical examiner assigned by the Workers Compensation carrier.
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3. Such evidence as the employee may submit, at his own expense, of the service connection of his
disability.
4. Other relevant evidence submitted to the medical examiner.
5. There shall be no presumption that any disability is service connected,unless such a presumption
exists as a matter of law.
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 CLAIMS
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 have a seven (7) calendar day
waiting period before Workers Compensation Benefit payments begin. During this waiting period,
an employee may elect to use sick leave, annual leave, or 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 no 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
wage for 13 weeks prior to the date of injury,in accordance with the Workers Compensation Law.
5. If disability continues into the twenty-first (21 st) calendar day, the employee will receive 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.
7. If requested by the employee, a review of the case will be made by a committee composed of a
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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 Administrator that
the employee be allowed to use annual leave, sick leave and/or approved compensatory time in an
amount necessary to receive a salary amount that will supplement their Workers Compensation
payments up to the total net salary received prior to the disability. In no case shall the
employee's salary and Workers Compensation benefits combined exceed the amount of their regular
salary payments.
8. The disabled employee will continue to accrue both sick leave and annual leave during the period
of disability.
9. An employee placed on light-duty by his or her physician,may enroll in the Light-Duty Program
as written in Administrative Instruction 7401.
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,in
accordance with the laws of the State of Florida governing Workers Compensation and these
policies and procedures.
8.03 PREGNANCY,MATERNITY AND CHILD CARE LEAVE
A. PREGNANCY
1. An employee who knows in advance that he/she intends to request Maternity or Child Care leave
shall notify,in writing, their Department Head or Supervisor at least thirty (30) days prior to the
requested time of leave. Eligible employees shall submit a "Family and Medical Leave Act Leave
Request" form (see Section 8.05)
2. An employee whose duties may be considered hazardous enough to cause the employee to
become medically disabled anytime during the pregnancy will be required to furnish medical
evidence of her fitness to continue in the performance of her duties beyond that time. A
Department Head may request this determination at any time he/she deems necessary for the
health or welfare of the 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 unborn infant.
B. MATERNITY LEAVE
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.
2. A regular employee who has completed the standard probationary period may request a maternity
leave of absence without pay for childbirth,recovery and child-rearing following birth of up to six
(6) months after all accrued sick and annual leave has been used. Such approval is subject to
scheduling and workload 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 workload and
scheduling requirements require the employee's return in accordance with the Family and Medical
Leave Act.
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3. Any such leave must be requested in advance and approved by the applicable Department Head
who may approve the length of said leave based on workload, scheduling, and the employee's
physical ability to return to work.
4. An employee approved for maternity leave shall be eligible to return to work at any time during
the leave of absence upon presentation of medical certification indicating that she is able to
satisfactorily perform her original duties.
5. An employee returning from an approved maternity leave of absence shall resume her duties in
the position held prior to childbirth or a similar position with like pay.
6. An employee who fails to return from an approved maternity leave of absence shall be
considered to have abandoned her position and shall be terminated from the County Service unless
proper resignation procedures are followed.
C. CHILD CARE LEAVE
Child Care Leave is an absence available to eligible employees under the Family Medical Leave Act for up to 12
weeks (see Section 8.05).
8.04 LEAVE OF ABSENCE WITHOUT PAY
A. EDUCATIONAL LEAVE
1. An employee with at least twelve (12) months of satisfactory service may be granted leave of
absence without pay for the purpose of furthering his/her education,if it is determined by the
County Administrator,in his discretion, that such education will be of clearly foreseeable benefit to
the County.
2. Leaves of this type shall not normally exceed twelve (12) months; however, the Department Head
may approve an extension of such leave if an individual case is justified and approved by the County
Administrator.
B. PERSONAL LEAVE
1. If recommended by the Department Head, an employee with at least twelve (12) months of
satisfactory service may be granted leave without pay for reasons other than those stated in the
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 WITHOUT PAY
1. All leave of absence without pay must be approved in advance. The employee shall fill out the
Leave Request Form and submit it to the Department Head for approval. The Department Head
will submit the approval form to the Assistant County Administrator/County Administrator for
approval. A completed copy of the Leave Request Form will be forwarded to the Payroll
Department along with the Employee's Time Sheet whenever possible and a copy placed in the
employee's official personnel file.
2. Leave without pay is not intended as a convenience for the employee but rather to help the
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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 County Administrator.
D. LEAVE OF ABSENCE - GENERAL 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 FMLA 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 Department Head
or Assistant County Administrator shall approve the absence and communicate with the Employee
Benefits Committee. The Employee Benefits Committee is comprised of the County Administrator,
the Employee Services Director and the Administrator, Benefits. The Committee will review each
case to determine whether employee coverage should be maintained as verified by a physician,up to
six (6) months. Employees covered under the Family and Medical Leave Act will be granted up to
12 weeks of insurance benefits as stated in Section 8.05.
During the period of leave without pay, said employees must continue to make monthly premium
payments for themselves in accordance with their bi-weekly payroll payment schedule in order to
continue health insurance coverage. Failure to make payment(s) on a timely basis will result in
termination of coverage.
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3. Dependent Coverage -Monroe County employees elect dependent coverage under a group plan
at their own expense. Monroe County uses the bi-weekly payroll deduction system for payment of
dependent coverage premiums for employees. However,if for any reason an employee is not due to
receive a paycheck in an amount sufficient to deduct said premium, that employee is responsible for
making the premium payments to the Employee Benefits Section in accordance with their payment
schedule. As long as an employee is in good standing, as in the case of approved leave without pay
status,he or she may make premium payments and coverage will remain in effect. Failure to make
payments on a timely basis will result in termination of coverage.
4. Extension of Group Insurance benefits will be awarded in accordance with the Consolidated
Omnibus Budget Reconciliation Act (COBRA),effective October 1, 1986. Information regarding
this Act is available in the Employee Benefits Section.
8.05 FAMILY AND MEDICAL LEAVE OF ABSENCE (FMLA) (FAMILY AND MEDICAL LEAVE ACT OF
1993.
A family leave of absence, and/or medical leave of absence,is an approved absence available to eligible employees.
An eligible employee is entitled to 12 weeks of leave per calendar year Uanuary—December) (#1,2, 3, and 5) or a
combined total of 26 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 FMLA qualifying leave, all accrued sick and annual leave must be taken first. Paid
leave so taken will be counted against the employee's total FMLA leave entitlement. The employee will be notified
that paid leave will be counted as FMLA leave within 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 1,250 hours of service during the 12-month period immediately preceding the leave.
Subsequent eligibility will be determined by looking back to the beginning of that calendar year from the
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first day of a new FMLA leave period which is requested by the employee. FMLA leave may not exceed
twelve weeks during the calendar year or a combined total of 26 weeks. An eligible employee shall be
entitled to a combined total of 26 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 12 weeks of leave;
however, both spouses may each take 12 weeks to care for a child with a serious health condition.
The determination of whether an employee meets the minimum service and hour requirements of the
FMLA must be made by Monroe County as of the date the leave commences, and Monroe County will
advise the employee whether he or she is eligible with five (5) business days after making a determination 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 FNILA 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) days 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 included the "Certification of Health Care Provider" form supporting the need
for leave due to a serious health condition affecting the employee or employee's spouse, child, or
parent or next of kin in the case of service member 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 Monroe County and
the employee.
3. If medically necessary, such leave may be taken intermittently or on a reduced 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 Administrator based on a medical certification provided with the Family Medical Leave
of Absence Form.
4. When husband and wife are both employed by Monroe County, together they are entitled to a
total aggregate of twelve weeks of Family Leave or a combined total of 26 weeks for service
member leave.
5. Employees requesting FMLA qualifying leave will be required to substitute paid vacation and sick
leave for all or party of any (otherwise) unpaid FMLA leave.
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6. While on any unpaid part of an FMLA qualifying leave,no time will be accrued by the employee.
Upon return to work,leave will accrue based upon established policy.
D. DESIGNATION OF LEAVE
Monroe County shall designate an employee's absence toward the employee's 12-week FNILA entitlement
as soon as it is known that the employee's absence qualifies as FMLA leave. Monroe County will notify the
employee that his/her leave will be designated as FMLA leave within five (5) business days. The notification
to the employee can be oral but will be confirmed in writing no later than the next regular payday.
Injuries entitling employees to workers' compensation frequently qualifies as serious health conditions for
purposes of FMLA leave eligibility. Monroe County shall count an employee's workers' compensation
absence toward the employee's 12-week FMLA entitlement as stated above. If it is found that the absence
does not qualify under the FMLA,Monroe County will withdraw the designation with written notice to the
employee.
E. EMPLOYEE NOTICE AND REPORTING REQUIREMENTS
1. When FMLA qualifying leave is foreseeable, an employee must give Monroe County thirty (30)
days advance notice.
2. When such leave is not foreseeable, an employee must give notice as soon as practicable.
According to the FMLA regulations, "as soon as practicable" means within one or two working
days of learning of the need for leave, except in extraordinary circumstances.
3. If an employee fails to satisfy the thirty (30) day notice without reasonable excuse,Monroe
County may, at its discretion, postpone the leave until the notice requirement is satisfied.
4. The employee may be required to submit periodic reports during FMLA leave regarding the
employee's leave status and intent to return to work. This requirement may be satisfied by the
employee's personally telephoning his or her immediate supervisor.
F. HEALTH BENEFITS DURING LEAVE OF ABSENCE
1. Monroe County will continue group health coverage for an employee on leave at the same level
and under the same conditions that existed while he or she was working. The employee must pay
his/her individual premium and dependent coverage premium for any unpaid leave. Payment for
the individual and dependent coverage must be received in the Group Insurance Office every
payday in order to continue coverage. Failure to pay dependent coverage during this unpaid leave
will result in termination of coverage.
2. In the event that the employee does not return to work at Monroe County following FMLA
leave, the employee can be required to reimburse Monroe County for health insurance premiums
paid to continue the employee's health coverage during FMLA leave, unless the employee is unable
to return to work due to a continuation, recurrence, or onset of a serious health condition that
would entitle the employee to FMLA leave or other circumstances beyond the employee's control.
Questions regarding the FMLA should be addressed to the Human Resources office.
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8.06 DOMESTIC OR SEXUAL VIOLENCE LEAVE
Definitions:
"Domestic Violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual
battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical
injury or death of one family or household member by another family or household member.
"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 criminal charges were filed,reduced or dismissed.
Employees are permitted to request and take leave in connection with domestic or sexual violence under certain
circumstances. This applies to employees who have been employed for 3 or more months.
Eligible employees can take up to 3 working days of leave in any 12 month period if the employee, or family or
household member of the employee,is the victim of domestic or sexual violence. Employees shall use annual
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 imminent danger to the health or safety of the employee, family or household member,
employees seeking such leave must provide their employer with appropriate advance notice of the leave as required
by policy (see Section 7.01 C(2) and 7.02 C) 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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STANDARDS OF EMPLOYMENT, DISCIPLINARY ACTION AND APPEALS
SECTION 9
9.01 INTENTION
It is the intention of the Board of County Commissioners that effective supervision and employee relations will
avoid most matters which necessitate disciplinary action. The purpose of rules and disciplinary action for
violating such rules is not intended to restrict the rights of anyone; but to ensure the rights of all, and secure
cooperation and orderliness throughout the County Service. For minor, non-serious offenses,whenever
possible, the administration of discipline will be characterized as constructive, corrective, and progressive.
9.02 RESPONSIBILITY FOR ADMINISTRATION
It shall be the responsibility of the County Administrator,in cooperation with Department Heads and the
Board of County Commissioners to assure that disciplinary action is fair and consistent throughout the
County Service.
9.03 STANDARDS OF EMPLOYMENT
For the protection of Monroe County government and each employee, the following rules for personnel conduct
have been established. The list includes, but is not limited to, reasons which may require disciplinary action,up to
discharge. A violation of any reasonable standard of employment,whether or not specifically listed herein,will
result in appropriate disciplinary action,which may include discharge for the first offense,
depending upon the seriousness of the offense.
A. Willful or repeated violations of County, State or Federal law or of these policies and procedures.
B. Insubordination - Refusal to respond to authority's reasonable request(s) or instruction.
C. Misconduct- Behavior not conforming to prevailing standards - Misconduct may include but is not
limited to the following: Fighting or inflicting bodily harm on another person,gambling, dangerous
horseplay, being under the influence or possession of illegal drugs or alcoholic beverages,immoral
behavior, smoking in restricted areas, any violent act or language which adversely affects morale,
production, or maintenance of discipline. Rudeness or acts of disrespect to members of the public,
supervisors, or other employees; on duty or off duty. 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 authorization.
G. Fraud or Dishonesty- Falsification of County documents or records or failure to give complete
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information for personnel records. Intentionally making false statement either oral or written about the
County, other employees, supervision, oneself, or work situations.
H. Absenteeism or Abuse of Sick Leave - Habitual or excessive absence from work, or failure to return to
work promptly upon expiration of leave or vacation. Excessive absences, even if caused by a legitimate
illness, seriously impairs the County's operations, and such absences may be grounds for separation.
I. Tardiness - Failure to report to assigned workstation on or before the scheduled starting time.
J. Leaving Assigned Work Area - Except for emergency reasons or with the Supervisor's approval,
employees are not to leave their assigned work area.
K. Misuse of Time - Sleeping or other acts of inattention or neglect of duty. Unauthorized sale of articles or
services, distribution or posting of literature, canvassing, polling, or petitioning.
L. Abuse of County Policies and Procedures - Misuse or abuse of established County policies such as
vacation,leave of absence, excused absence, sick leave, or any rule, regulation, policy, or procedure.
M. Safety Violations - Unauthorized possession and/or use of weapons, ammunition, or explosives. Failure
to observe County and general safety practices and regulations. Neglect in the safety of others or the
committing of unsafe acts in the use and care of County property or equipment.
N. Illegal driving- Driving private or County vehicle while on County business when not possessing a valid
Florida and County driver's 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 -The doing of a lawful act in an unlawful or improper manner so that there is an
infringement on the rights of another.
T. Smoking—Smoking of tobacco products (as defined in Florida Statute 386.203 (10)) and the use of
electronic, simulated smoking materials (such as electronic cigarettes, pipes or cigars) is prohibited in all
Monroe County owned or occupied public facilities (buildings),vehicles, elevators,meeting rooms,
hallways, corridors,lobbies,water fountain areas, stairwells and entryways.
U. No Tobacco Use—Effective January 1, 2015, all new hires and new enrollees into the County's Health
Plan will be required to certify to not currently using or not having used tobacco products or be subject to
penalty. Administrative Instruction 4735 further details this policy.
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9.04 DISCIPLINARY ACTIONS
Disciplinary actions are a means of calling employees to accountability for some act of commission or omission
which is regarded as injurious to the employer/employee relationship. The act could be relatively minor, or quite
serious. Serious acts may warrant immediate discharge, even for the first offense. All employees should be made
aware that a system of discipline exists for the benefit of all, and will be administered without favor for the sake of
orderliness and proper compliance with reasonable rules and regulations pertaining to conduct and the
performance of work.
When it is necessary that disciplinary action be taken, the degree of action shall be based on the following
considerations:
1. There can be no mechanical formula for the application of discipline. Each instance of misconduct or
deficiency must be viewed and judged individually. For most lesser or first minor offenses, oral or
written reprimand shall be appropriate discipline.
2. When applicable, discipline for employees who commit multiple non serious offenses of alike 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 Heads, their Deputies,Assistant County Administrators, the County Administrator, 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.
6. Discharge for continued commitment of non-serious,minor offenses shall be resorted to only when
sufficient other efforts to bring about correction have failed, or when the offense is sufficiently serious in
and of itself to warrant termination.
7. In determining the appropriate disciplinary action to be imposed against an employee, the County
Administrator will consider, at a minimum, the following factors:
a. The seriousness and circumstances of the particular offense.
b. The past record of the employee and his length of service.
c. The lapse of time since the employee last received a disciplinary action.
d. The County's practice in similar cases.
9.05 AUTHORIZATION FOR DISCIPLINARY ACTION
A. All written reprimands, suspensions and recommendations for suspension or discharge actions must be
approved by the Department Head and the letter concerning the action must be forwarded immediately to
the Human Resources office for review, and then approved by the County Administrator or his designee.
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B. In case of a recommendation for discharge, the employee may be suspended pending approval of
discharge by the County Administrator.
C. Disciplinary actions applied to Department Heads or Assistant County Administrators may be initiated
by the County Administrator.
9.06 ORAL WARNING
An oral warning is given to an employee to take recognition of a violation of County policy,rule,regulation,
standard or of an unsatisfactory habit, practice, or act which,if repeated or continued,will subject the employee to
a more severe disciplinary action. The oral warning should be noted in writing, a copy of the notation placed in the
employee's official personnel file, specifying the nature of the warning and the date given.
9.07 WRITTEN REPRIMAND
A letter of reprimand constitutes formal action against an employee for more serious types of violation of County
rules or standards of employment, or where less stringent actions have not been successful in correcting a
deficiency. The letter of reprimand must identify the offense or deficiency and the correction required.
A letter of reprimand can be used to impose restrictions on an employee, such as attendance, conduct or special
procedures to be followed. Restrictions so imposed shall be reviewed periodically and be removed, modified, or
continued with a follow-up letter. A copy of all letters should be placed in the employee's official personnel file
within 15 days of writing,whenever possible.
9.08 DEMOTION
Whenever it becomes apparent that an employee can no longer efficiently perform any or all of the duties and
responsibilities of his or her position, or when it is otherwise deemed to be in the best interest of the County, an
employee may be demoted. A demoted employee shall be notified by the County Administrator or his designee at
the time of demotion of the specific reason for the action and correction expected,if any. Such notification shall be
given the employee in writing. A copy of the notification will be placed in the employee's official personnel file
along with a written report on all appropriate information concerning the action.
An employee may be reclassified to a different title and/or pay grade at any time the County Administrator deems
appropriate. A temporary reclassification does not constitute a demotion, nor does a change in title and/or pay
grade which results from an evolution into a reduction of duties and/or responsibilities.
9.09 SUSPENSION
1. An employee may be suspended with or without pay by the Department Head and/or Assistant County
Administrator with the approval of the County Administrator. The employee must be notified in writing of
the suspension period and citing the reason for the suspension.
2. An employee may be verbally suspended with or without pay by a Supervisor for the balance of a work
shift, or a longer period of time if needed until the Department Head or appropriate authority can be
contacted,if the employee's conduct impairs normal working operations. The Supervisor must then report
the incident to the Department Head,who with the approval of the Assistant County Administrator (if
applicable) 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 may be recommended by
the Department Head with the approval of the Assistant County Administrator (if applicable) and the
County Administrator at that time. A copy of the suspension notification will be placed in the employee's
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official personnel file along with a written report containing all appropriate information concerning the
action.
9.10 DISCHARGE
Discharge is appropriate for first offenses of serious misconduct as well as repeated offenses of less serious
misconduct.
Sufficient documentation must be present to merit recommendation by the Department Head and the
Assistant County Administrator (if applicable) to the County Administrator for discharge of any employee.
9.11 PROCEDURE FOR IMPOSING DISCIPLINE
1. This procedure shall apply in cases where an employee may be subject to suspension, demotion, or
termination. 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 or her,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. An Assistant County Administrator or the County Administrator where the employee charged is a
Department Head;
b. The County Administrator or his designee where the employee charged is an Assistant County
Administrator; or
c. A Department Head or a designee where the employee charged is an employee holding Career
Service Status and to whom section A and B above do not apply.
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d. The County Administrator may serve as hearing officer whenever he/she sees a need to do so.
6. The hearing will be informal and will be conducted as follows:
a. At least two working days prior to the hearing date, the employee shall provide the individual
conducting the hearing with a list of any witnesses or documents which the employee wishes to
offer at the hearing.
b. The employee may be accompanied by legal counsel of 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 Head,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.
9.12 POSSESSION OF WEAPON OR FIREARM4
It is the policy of Monroe County that no employee shall carry or otherwise possess a weapon while on duty or in
uniform,including firearms.
If the performance of job duties requires the use or possession of a weapon or firearm, prior approval from the
County Administrator must be obtained.
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9.13 INDICTMENTS,PROSECUTIONS,ARRESTS
It is the responsibility of Monroe County to maintain a proper workforce. Employees who are arrested,indicted by
a Grand Jury, or on whom information has been filed by a prosecuting official, shall be given a pre-determination
hearing to determine the effect said action and/or circumstances surrounding said actions have on his or her
employment with the County,which may result in disciplinary action. If the employee is tried and found guilty and
the conviction is not reversed or pleads to the offense, he or she may be terminated from his or her position in the
County Service.
9.14 FAILURE TO COOPERATE IN A JOB-RELATED INVESTIGATION
1. As a condition of employment, any County employee may be required,upon due notice, to cooperate
with respect to any job-related hearing or investigation scheduled by the County, or any person,
commission, board or body authorized to act on its behalf. This duty of cooperation also extends to any
"outside" agency, body or court of law with respect to any job-related matters.
2. Any employee who refuses to appear at any such hearing or inquiry, or who having appeared fails to
answer questions related to the performance of their official job duties will be considered to have resigned
from their employment with the County.
9.15 APPEALS
A Career Service employee who has been suspended without pay, discharged,given a reduction in pay or a
demotion (as defined herein) shall have only the right to appeal said action to the Career Service Council by
filing a petition with said Council within thirty (30) days following such suspension, discharge,reduction in pay, or
demotion. Failure to file a timely appeal shall result in the forfeiture of all right to challenge/grieve the discipline.
There shall be no appeals to the Board of County Commissioners and/or the County Administrator.
(4 See Florida Statutes 790.251)
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EMPLOYEE COMPLAINT/GRIEVANCE PROCEDURE
SECTION 10
10.01 COMPLAINT/GRIEVANCES
In the event an employee believes that the rules contained in this manual have been misapplied/violated,he/
she must utilize the following procedure, except in the cases of suspension, reduction in pay, demotion, or
termination - See 10.01 F. Claims of harassment, retaliation, or discrimination as described in Section 2.14 will be
handled in accordance with the procedure outlined in that Section and are not considered grievable under the
Employee Complaint/Grievance Procedure. Failure of the grieving employee to follow the time limits will
automatically result in a final and binding denial of the grievance. If the County does not follow the time limits, the
appropriate County official will be deemed to have denied the grievance and it may proceed to the next step.
A. Step 1: The aggrieved employee shall present his/her grievance in writing to his or her Supervisor within
fifteen (15) working days of the incident to be grieved. The immediate Supervisor will meet with the
employee,reach a decision, and communicate that decision in writing to the aggrieved employee within ten
(10) working days from the date the grievance was presented to him or her. Supervisors are not empowered
to make policy decisions.
B. Step 2: If the grievance is not resolved in Step 1, the employee shall, sign it, and present it to the
Department Head within ten (10) working days from receipt of the Immediate Supervisor's written
decision. The Department Head shall attempt to resolve the issue(s) concerning the alleged grievance within
ten (10) working days of the receipt of the written grievance. The Department Head shall confer with the
immediate Supervisor and they shall attempt to obtain the facts concerning the alleged grievance, and
within ten (10) working days of receipt of the written grievance, answer the employee in writing or schedule
a meeting with the employee. If a meeting is held, the Department Head shall notify the aggrieved employee
in writing of his or her decision,no later than ten (10) working days after the meeting. The meeting may be
rescheduled by the Department Head for a valid reason.
C. Step 3: If the response from the Department Head is not satisfactory,within ten (10) working days from
receipt of the Department Head's decision, the employee may present the grievance form to the Assistant
County Administrator,who may confer with anyone he/she deems appropriate to obtain the facts
concerning the alleged grievance, and may schedule a meeting with the employee, to be held within ten (10)
working days of receipt of the grievance. If the employee does not report to an Assistant County
Administrator and reports directly to the County Administrator, Step 3 is to be skipped and the employee
may proceed to Step 4. If a meeting is held, the Assistant County Administrator shall notify the aggrieved
employee in writing of his/her, decision no later than ten (10) working days after the meeting.
D. Step 4: If the response from the Assistant County Administrator is not satisfactory,within ten (10)
working days from receipt of the Assistant County Administrator's decision, the employee may bring the
grievance form to the Human Resources office, for review before the Employee Grievance Council. This
Council will provide an additional avenue for the employee to pursue in the processing of appropriate
complaints or grievances. By the establishment of the Employee Grievance Council, the employee whose
problem is not resolved by the Assistant County Administrator, may have the opportunity to 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 will be made
by the County Administrator. (Please refer to Monroe County Administrative Instruction 4714 for rules and
procedures governing the Council.) The County Administrator shall furnish a copy of his decision to the
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aggrieved employee within fifteen (15) working days of receipt of the Councils recommendation(s).
E. Any complaint/grievance involving matters that pertain to the Personnel Policies and Procedures may 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 appropriate by a majority of Council members, the Human Resources office will schedule the airing
of the Grievance at the earliest convenience. The Council is empowered to call all necessary witnesses and
make a recommendation concerning disposition to the County Administrator whose decision is final.
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.
G. If an employee does not answer to a Department Head and/or an Assistant County Administrator, the
Human Resources office will assist the employee in moving through the appropriate steps of this grievance
procedure.
H. The by-laws governing the establishment and operation of the Employee Grievance Council may be
reviewed in Administrative Instruction 4714.
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SEPARATIONS
SECTION 11
11.01 RESIGNATIONS
A resignation is defined as an action whereby an employee voluntarily leaves the County Service with or without
the giving of notice and/or as any employee conduct which is stated herein to constitute a resignation. An
employee wishing to leave the County Service in good standing shall file with the Department Head a written letter
of resignation stating the date and reasons for leaving, 14 calendar days prior to the effective date of resignation.
Failure to comply with this requirement may be cause for denying such employees re-employment rights and
payment of unused leave. Unauthorized absences of three (3) days or more may be considered a resignation.
11.02 LAYOFFS
Should it become necessary to abolish a position or reduce the number of County employees because of lack of
work, shortage of funds,re-organized and transferred functions to an existing County employee, or for other
legitimate reasons, the County Administrator/Board of County Commissioners may 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 time of retirement.
11.04 DISCHARGES
A discharge occurs when an employee has been involuntarily separated from County Service, usually for cause.
Employees discharged for disciplinary reasons may not be eligible for re-hire and may lose all seniority and
reinstatement privileges.
11.05 EXIT INTERVIEWS
It is the desire of the County to determine why good employees leave the County Service. An exit interview
program has been established for the purpose of determining the causes and possible solutions of turnover among
County personnel.
If an employee wishes, he or she may request an exit interview with Employee Services by contacting the
Human Resources office. The Employee Services Director or County Administrator may also request an
interview with an employee who has made known his or her intention to leave the County Service. The information
obtained during the interview will be used solely for the purpose of identifying or solving problem areas and will
not become part of the employee's personnel record unless authorized in writing by the employee.
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SOLICITING
SECTION 12
12.01 SOLICITING
1. No employee shall be permitted to solicit any other employee during working time. Working time means
the time when either employee (solicitor or solicitee) is on duty and not on an authorized break or meal
period.
2. No employee shall be permitted to distribute leaflets, notices, or other materials, or pass petitions during
working or non-working time in work areas. Such distribution can take place only in non-work areas and
during non-working time.
3. No non-employee shall be permitted to enter County premises or property at any time for the purpose of
soliciting employees or distributing or posting any written, printed, or other material. 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 Administrator 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.
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EMPLOYEE PERFORMANCE EVALUATIONS
SECTION 13
13.01 POLICY
All Departments shall evaluate the performance of all employees on an impartial basis using standard evaluation
forms and the Employee Performance Appraisal Handbook provided in 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
A. Each employee shall have his performance evaluated on a periodic basis as outlined in the Performance
Appraisal Handbook
1. All performance evaluations shall be made by the employee's immediate Supervisor (with input
from anyone deemed appropriate by the Supervisor) and reviewed by a higher-level Supervisor
whenever possible. The immediate Supervisor's final evaluation shall not be changed by higher level
Supervisors; however,reviewing Supervisors shall certify that they reviewed the rating and may
attach any written comments they deem appropriate concerning the evaluation.
2. Department Head may authorize an evaluation at any time he 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 in 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.
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EMPLOYEE INSURANCE COVERAGE
SECTION 14
14.01 COVERAGE
All full-time, regular employees are covered by life and accidental death and dismemberment insurance paid for by
the County. The amount of such insurance is determined by the Board of County Commissioners.
Group hospitalization insurance coverage for full-time employees is paid for by the County at a rate approved by
the Board of Commissioners. Dependent coverage will be available for those eligible at group rates, paid for by the
employee.
The County may change its benefit program at any time, for example,by adjusting benefits, changing employee
contributions, changing deductibles, and/or selecting other insurance carriers.
14.02 DEFINITIONSS
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 other's immediate family;
2. They agree to be jointly responsible for each other's basic living expenses;
3. Neither of them is married or a member of another Domestic Partnership;
4. They are not blood related in a way that would prevent them from being married to
each other under the laws of Florida;
5. Each is at least of the legal age and competency required by Florida law to enter into
a marriage or other biding contract;
6. They must each sign a Declaration of Domestic Partnership as provided for in
Section 14.03;
7. They both reside at the same residence.
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.
D. Domestic Partnership. "Domestic Partnership" means the entity formed by two individuals who have
met the criteria listed above and file a Declaration of Domestic Partnership as described below.
E. Declaration of Domestic Partnership. "Declaration of Domestic Partnership" or"DDP" is a form
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provided by the Human Resources Director. By signing it, two people swear under penalty of perjury that
they meet the requirements of the definition of domestic partnership when they sign the statement. The
form shall require each partner to provide a mailing address.
('Resolution 081-1998 )
F. Dependent. "Dependent" means an individual who lives within the household of a domestic partnership
and is:
1. A biological child or adopted child of a domestic partner; or
2. A dependent as defined under County employee benefit plan document.
3. A ward of a domestic partner as determined in a guardianship proceeding.
G. Employee means an employee of the Board of County Commissioners, the constitutional officers, or the
Mosquito Control Board, except where the context is otherwise.
14.03 ESTABLISHING A DOMESTIC PARTNERSHIP
A. An employee and 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 per)ury, by both domestic partners and witnessed (two) and
notarized.
B. As further evidence of two individuals being involved in a domestic partnership, two 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)
5. Credit cards with the same account numbers in both names;
6.Joint wills;
7. Powers of attorney; or
8.Joint title indicating that both partners own a vehicle.
C. An individual cannot become a member of a domestic partnership until at least six months after any
other domestic partnership of which she or he was a member has ended and a notice that the partnership
has ended was given as provided for in Section 14.04. This does not apply if their domestic partners
deceased.
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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 TERMINATION OF A DOMESTIC PARTNERSHIP
A. A domestic partnership is terminated when:
1. One of the partners dies;
2. One of the partners marries; or
3. A domestic partner files a termination statement with the Human Resources Director. A
domestic partnership may be terminated by a domestic partner who files with the Human Resources
Director by hand or by certified mail, a termination statement. The person filing the termination
statement must declare under pain and penalties of perjury that the domestic partnership is
terminated and that a copy of the termination statement has been mailed by certified mail to the
other domestic partner at this or her last known address. The person filing the termination
statement must include on such statement the address to which the copy was mailed.
B. The termination of a domestic partnership shall be effective immediately upon the death of a domestic
partner. The voluntary termination of a domestic partnership by a partner shall be effective thirty (30) days
after the receipt of a termination statement by the Human Resources Director. If the termination statement
is withdrawn before the effective date, the domestic partner shall give notice of the withdrawal,by certified
mail, to the other domestic partner.
C. If a domestic partnership is terminated by the death of a domestic partner, there shall be no required
waiting period prior to filing another domestic partnership. If a domestic partnership is
terminated by one or both domestic partners,neither domestic partner may file another domestic
partnership until six (6) months have elapsed from effective termination.
D. It is the obligation of the employee domestic partner to notify the Human Resources Director of the
termination of a domestic partnership as soon as possible after it occurs.
14.05 HUMAN RESOURCES DIRECTOR RECORDS
A. The Human Resources Director will keep a record of all employees DDPs,Amendments and
Termination Statements. The records will be maintained so that DDPs,Amendments and Termination
Statements will be filed to which they apply.
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
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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 dependents 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 former
employee's insurance lapses.
D. Upon termination of a domestic partnership by the death of an employee, the surviving domestic
partner's health insurance and benefits coverage shall lapse as it would for the spouse of a married
employee,upon the death of such employee.
E. 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 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 be entitled to take parental leave to take care of a child
born to his/her domestic partner or a newly adopted child to the same extent as a married person.
14.07 LIMITATION OF LIABILITIES
A. Nothing in this ordinance shall be interpreted to contravene the general laws of this state.
B. Nothing contained in this Ordinance shall be construed to impose liability upon a domestic partner for
the health or health expenses of his or her domestic partner.
14.08 FORMS
A. The Human Resources Director shall distribute copies of the following forms to those individuals who
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request them:
1. Declaration of Domestic Partnership
2. Domestic Partnership Information Sheet
3. Amendment to Declaration of Domestic Partnership
4. Termination Statement of Domestic Partnership.
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TRAVEL
SECTION 15
It shall be the policy of the Board of County Commissioners to reimburse all employees,Board members and other
Department personnel for all authorized travel. Said reimbursement shall be made in the following manner:
A. In County overnight travel will require the approval of the Department Head. Out of County travel will
require the prior approval of the applicable Assistant County Administrator or County Administrator. If
travel is to any county contiguous to Monroe County or if the travel can be completed within one workday,
not requiring overnight lodging,prior approval of the next-highest supervisory level can be 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 audit(s), and that the employee's personal auto
insurance is primary payer in case of an accident while or County business. Employees receiving an
automobile allowance may still use the form to request reimbursement for meals,lodging, tolls, and parking
fees. Further, those 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 Administrator shall authorize reimbursement for lease, rental cars and/or aircraft where it is
deemed by the County Administrator to be the most advantageous to the County. Employees are to waive
all insurance on rental car contracts, and no reimbursement for insurance costs shall be authorized under
this section. When justifiable circumstances exist, a traveler is authorized to purchase and be reimbursed for
the purchase of a refundable airline ticket and/or travel insurance that authorizes reimbursement for
cancelled or delayed travel.
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 Assistant County Administrator or County Administrator. Supporting
documentation acceptable to the Clerk must be submitted for reimbursement. Acceptability to the Clerk is
based on generally accepted accounting principles and such laws,rules and regulations as may govern the
Clerk's disbursal of funds.
G. Travel shall be the most economical and practicable method available.
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APPEARANCE
SECTION 16
16.01 DEFINITIONS
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.
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, e.g.,
safety boots.
16.02 SCOPE
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.
16.03 APPEARANCE,HYGIENE,AND PROPER ATTIRE
A. All County employees should strive to be as neat and clean in appearance as reasonably possible. Proper
attire conducive to carrying out the functions of their respective positions shall be worn by all
employees.
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 related
actions that contribute to a healthy work environment.
C. 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.
D. The Department Head will be responsible for ensuring that the appearance of his or her employees
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
and not return until properly groomed and/or properly dressed.
16.04 UNIFORMS
A. 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.
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 of
the employee and is a condition of employment. Department Heads must ensure that the uniforms or
specific clothing are necessary.
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C. Uniforms or specified clothing may be required to be worn daily or on specified occasions. 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 as job fairs, health
fairs, or inter-department meetings; and at times when visual identification is particularly needed, such as
when visiting a local business or residence in the employee's capacity to perform County work.
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.
E. 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 by documenting it on Human
Resources' Property/Equipment Tracking Form.
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.
G. Department Heads may set additional uniform and appearance requirements specific to the nature of
work performed in the Department.
16.05 BOCC DISTINCTIVE CLOTHING
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 not limited to, Emergency
Operation Center (EOC) staff, Emergency Management Personnel,Public Works staff, Building or
Code Inspectors, and employees working in support of disaster operations,in a multi-agency
environment, or in other public-facing capacities.
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 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 responsible
for authorizing a requirement for BOCC distinctive clothing and authorizing,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.
G. BOCC employees are responsible for the care and securing of issued BOCC distinctive clothing.
H. BOCC employees may independently purchase BOCC distinctive clothing to wear while on the job
performing official duties,provided the clothing is in good taste and repair. Such purchases are not
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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 worn when
off duty (i.e., off the clock,not performing official duties),with exceptions granted for travel to and
from work and for approved breaks during the workday (e.g., employee's lunch break).
J. BOCC employees are expected to conduct themselves with the utmost professionalism, especially when
wearing BOCC distinctive clothing,regardless of whether the clothing item was issued to 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.
16.06 FINANCIAL CONSIDERATIONS
A. Each Department in which employees are required to wear uniforms must include funds for new 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
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 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.
C. 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 or causes it to become unusable, the employee may be charged the current cost for replacement.
D. All BOCC employees are prohibited from giving away, donating, trading, selling, or otherwise bartering
any BOCC distinctive clothing provided to employees by the County.
E. Uniforms and clothing provided to an employee remain the property of the County and must be 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.
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VIOLENCE IN THE WORKPLACE
SECTION 17
17.01 The purpose of this policy is to provide a safe environment for conducting County business for employees,
visitors, clients, and customers by prohibiting,preventing, and taking action in response to work-related acts of
violence.
17.02 Definitions:
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
2. 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. .
17.03 Procedures:
A. The County will take prompt remedial action against any employee,visitor, client, or customer who
engages in any behavior prohibited by this policy.
B. The County will establish security measures, to the extent practical, to ensure that County facilities are
safe and secure against actions prohibited by this policy.
C. Employees, supervisors, etc.will take reasonable immediate action to protect victims of violent actions
from further harm. Actions which will increase any danger should be avoided. When necessary,local law
enforcement agencies must be notified as soon as possible.
D. After any imminent danger or threat has been dealt with, an employee,manager, supervisor, etc. has a
duty to notify their immediate supervisor, Safety Officer,Risk Manager, or other appropriate person of any
incident or activity which is in violation of this policy. Reports made pursuant to this policy will be held in
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confidence to the extent possible. The County will not tolerate any form of retaliation against anyone who
makes a report under this policy.
E. The Human Resources office shall be notified of any prohibited acts by the affected employee, their
supervisor, or other appropriate person, as mentioned in the preceding paragraph. Personnel shall
determine the extent of remedial and disciplinary action to be taken. In making this determination, Human
Resources may consult with employees, supervisors, safety or risk management representatives,law
enforcement officials, etc. Disciplinary action taken against employees who violate this policy will be carried
out in accordance with Monroe County Personnel Policies and Procedures.
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CHILDREN IN THE WORK ENVIRONMENT
SECTION 18
1. The Purpose of this section is to establish the policy of the Administration 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 utilize 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 Assistant County Administrator or Department Head may grant a
special exception.
C. An Assistant County Administrator 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 Assistant County Administrator or
Department head shall then formally authorize said special exception in writing by completing the
"Children in the Work Place Form" and routing the original to the Human Resources Department via the
appropriate Department Head and the County Administrator,prior to the day the child is expected to be
present.
D. It is incumbent upon all 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 Administrator has the authority to waive the policy for special events (such as
Daughter/Son At-Work Days).
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CASH MANAGEMENT PROCEDURES
SECTION 19
To establish a standardized cash management procedure that will eliminate the risk of loss or misappropriation of
funds.
1. All Departments will have in effect a policy for all cash funds received to be deposited as quickly as
possible,but in any event,not later than three (3) business days from receipt.
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 OMB of the appropriate employees in each Department who will be responsible for the cash
deposits of the policy.
4. Department Heads are responsible for periodically reviewing the cash management procedure with their
supervisors to ensure efficiency and compliance with this policy.
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FIRE ALARM PROCEDURES
SECTION 20
The purpose of this instruction is to establish the procedure for building occupants to adhere to when fire alarm
systems located within County facilities annunciate. The definition of annunciate is to announce the alarm system.
1. When a fire alarm system located in a County Facility annunciate,building occupants are to turn off all
electrical equipment that will not delay their exit; and shall immediately evacuate the building,reporting to
their designated assembly area in accordance with posted fire evacuation plans 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 Department and/or a representative from the Monroe County Public Works, Facilities Maintenance
Department.
5. Constitutional Officers and Department Heads are to ensure that all employees under their purview
familiarize themselves with this policy and Reference A —Monroe County Safety Policies and Procedures
Manual, along with the designated assembly area.
6. Constitutional Officers,Department Heads, and the Monroe County Safety Officer are to ensure
evacuation routes are posted on bulletin boards throughout County Facilities, to include an assembly area
for each office to report to,in the event of a fire evacuation.
7. Constitutional Officers and Department Heads shall assign one person from each office the
responsibility of accounting for each employee that works in their office,in the event of a fire evacuation.
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EMERGENCY MANAGEMENT EXPECTATION
SECTION 21
In the event of an emergency that affects the County, such as a hurricane, all employees will be of critical
importance to preparing for the event and restoring normal County operations. The Monroe County
Disaster Preparedness Employee Plan is an Emergency Management document that supplements the
County's Comprehensive Emergency Management Plan. Per this plan,Employees will be designated as Tier
1, 2, or 3 and may be preassigned an emergency management role or be placed into a personnel pool on
standby for assignment as needed. When an emergency is declared, employees are expected to maintain
contact with their supervisor and report to work before, during, and after the event according to their
designated employee Tier, emergency management role, or as assigned by their supervisor.
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CHAPTER 2023-106
Committee Substitute for House Bill No. 1521
An act relating to facility requirements based on sex; creating s. 553.865,
F.S.;providing a short title;providing legislative findings;defining terms;
requiring certain entities that maintain water closets or changing
facilities to meet specified requirements; authorizing persons to enter a
restroom or changing facility designated for the opposite sex only under
certain circumstances; requiring covered entities to establish disciplinary
procedures relating to restrooms and changing facilities; providing that
specified persons are subject to discipline for refusing to depart certain
restrooms and changing facilities under certain circumstances; providing
that specified persons who enter certain restrooms or changing facilities
and refuse to depart when asked to do so commit the criminal offense of
trespass; providing applicability; requiring covered entities to submit
specified compliance documentation to specified entities; authorizing
persons to submit complaints to the Attorney General after a specified
date relating to covered entities that fail to meet specified requirements;
authorizing the Attorney General to bring enforcement actions after a
specified date; authorizing civil penalties; requiring that certain funds be
deposited in the General Revenue Fund;providing applicability;requiring
the Department of Corrections, the Department of Juvenile Justice, and
the State Board of Education to adopt rules; requiring the Board of
Governors to adopt regulations; requiring certain governing bodies of
counties or municipalities to establish specified procedures; providing
severability; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 553.865, Florida Statutes, is created to read:
553.865 Private spaces.—
(1) This section may be cited as the "Safety in Private Spaces Act."
(2) The Legislature finds that females and males should be provided
restrooms and changing facilities for their exclusive use, respective to their
sex, in order to maintain public safety, decency, decorum, and privacy.
(3) As used in this section, the term:
(a) "Changing facility"means a room in which two or more persons may
be in a state of undress in the presence of others, including, but not limited
to, a dressing room, fitting room, locker room, changing room, or shower
room.
(b) "Correctional institution"means any state correctional institution as
defined in s. 944.02 or private correctional facility as defined in s. 944.710.
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(c) "Covered entity" means and
1. Correctional institution;
2. Detention facility;
3. Educational institution;
4. Juvenile correctional facility or juvenile prison as described in s.
985.465, any detention center or facility designated by the Department of
Juvenile Justice to provide secure detention as defined in s. 985.03(18)(a),
and any facility used for a residential program as described in s.
985.03(44)(b), (c), or (d); or
5. Public building.
(d) "Detention facility" means a county detention facility or municipal
detention facility as those terms are defined in s. 951.23.
(e) "Educational institution" means a K-12 educational institution or
facility or a postsecondary educational institution or facility.
(f) "Female" means a person belonging, at birth, to the biological sex
which has the specific reproductive role of producing eggs.
(g) "K-12 educational institution or facility" means:
1. A school as defined in s. 1003.01(2) operated under the control of a
district school board as defined in s. 1003.01(1);
2. The Florida School for the Deaf and the Blind as described in ss.
1000.04(4) and 1002.36,
3. A developmental research (laboratory) school established pursuant to
s. 1002.32(2);
4. A charter school authorized under s. 1002.33; or
5. A private school as defined in s. 1002.01(2).
(h) "Male"means a person belonging,at birth,to the biological sex which
has the specific reproductive role of producing sperm.
(i) "Postsecondary educational institution or facility" means:
1. A state university as defined in s. 1000.21(6);
2. A Florida College System institution as defined in s. 1000.21(3);
3. A school district career center as described in s. 1001.44(3);
4. A college or university licensed by the Commission for Independent
Education pursuant to s. 1005.31(1)(a); or
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Ch. 2023-106 LAWS OF FLORIDA Ch. 2023-106
5. An institution not under the jurisdiction or purview of the commission
as identified in s. 1005.06(1)(b)-(f).
J) "Public building"means a building comfort-conditioned for occupancy
which is owned or leased by the state, a state agency, or a political
subdivision.The term does not include a correctional institution,a detention
facility,an educational institution,a juvenile correctional facility or juvenile
prison as described in s. 985.465, a detention center or facility designated by
the Department of Juvenile Justice to provide secure detention as defined in
s.985.03(18)(a),or any facility used for a residential program as described in
s. 985.03(44)(b), (c), or (d).
(k) "Restroom" means a room that includes one or more water closets.
This term does not include a unisex restroom.
(1) "Sex" means the classification of a person as either female or male
based on the organization of the body of such person for a specific
reproductive role, as indicated by the person's sex chromosomes, naturally
occurring sex hormones, and internal and external genitalia present at
birth.
(m) "Unisex changing facility" means a room intended for a single
occupant or a family in which one or more persons may be in a state of
undress, including, but not limited to, a dressing room, fitting room, locker
room, changingroom,oom, or shower room that is enclosed by floor-to-ceiling
walls and accessed by a full door with a secure lock that prevents another
individual from entering while the changing facility is in use.
(n) "Unisex restroom" means a room that includes one or more water
closets and that is intended for a single occupant or a family, is enclosed by
floor-to-ceiling walls, and is accessed by a full door with a secure lock that
prevents another individual from entering while the room is in use.
(o) "Water closet" means a toilet or urinal.
(4) A covered entity that maintains a water closet must, at a minimum,
have:
(a) A restroom designated for exclusive use by females and a restroom
designated for exclusive use by males; or
(b) A unisex restroom.
(5) A covered entity that maintains a changing facility must, at a
minimum, have:
(a) A changing facility designated for exclusive use by females and a
changing facility designated for exclusive use by males; or
(b) A unisex changing facility.
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Ch. 2023-106 LAWS OF FLORIDA Ch. 2023-106
(6) For purposes of this section, a person may only enter a restroom or
changing facility designated for the opposite sex under the following
circumstances.
(a) To accompany a person of the opposite sex for the purpose of assisting
or chaperoning a child under the age of 12,an elderly person as defined in s.
825.101, or a person with a disability as defined in s. 760.22 or a
developmental disability as defined in s. 393.063;
(b) For law enforcement or governmental regulatory purposes;
(c) For the purpose of rendering emergency medical assistance or to
intervene in any other emergency situation where the health or safety of
another person is at risk;
(d) For custodial,maintenance,or inspection purposes,provided that the
restroom or changing facility is not in use; or
(e) If the appropriate designated restroom or changing facility is out of
order or under repair and the restroom or changing facility designated for
the opposite sex contains no person of the opposite sex.
(7)(a) Each correctional institution shall establish disciplinary proce-
dures for any prisoner who willfully enters, for a purpose other than those
listed in subsection (6), a restroom or changing facility designated for the
opposite sex on the premises of the correctional institution and refuses to
depart when asked to do so by any employee of the Department of
Corrections or an employee of the correctional institution.
(b) Any Department of Corrections employee or correctional institution
employee who willfully enters, for a purpose other than those listed in
subsection(6),a restroom or changing facility designated for the opposite sex
on the premises of a correctional institution and refuses to depart when
asked to do so by another Department of Corrections employee or correc-
tional institution employee is subject to disciplinary action by the Depart-
ment of Corrections.
(c) A person who willfully enters,for a purpose other than those listed in
subsection(6),a restroom or changing facility designated for the opposite sex
on the premises of a correctional institution and refuses to depart when
asked to do so by an employee of the Department of Corrections or an
employee of the correctional institution commits the offense of trespass as
provided in s. 810.08. This paragraph does not apply to prisoners,
Department of Corrections employees,or correctional institution employees.
(8)(a) Each detention facility shall establish disciplinary procedures for
any prisoner who willfully enters, for a purpose other than those listed in
subsection(6),a restroom or changing facility designated for the opposite sex
on the premises of the detention facility and refuses to depart when asked to
do so by any employee of the detention facility.
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Ch. 2023-106 LAWS OF FLORIDA Ch. 2023-106
(b) Any detention facility employee who willfully enters, for a purpose
other than those listed in subsection (6), a restroom or changing facility
designated for the opposite sex on the premises of a detention facility and
refuses to depart when asked to do so by another detention facility employee
is subject to disciplinary action by the managing body of the detention
facility.
(c) A person who willfully enters,for a purpose other than those listed in
subsection(6),a restroom or changing facility designated for the opposite sex
on the premises of a detention facility and refuses to depart when asked to do
so by an employee of the detention facility commits the offense of trespass as
provided in s. 810.08. This paragraph does not apply to prisoners, detention
facility employees, or staff of the entity operating the detention facility.
(9)(a) Each educational institution shall, within its code of student
conduct, establish disciplinary procedures for any student who willfully
enters, for a purpose other than those listed in subsection (6), a restroom or
changing facility designated for the opposite sex on the premises of the
educational institution and refuses to depart when asked to do so by:
1. For a K-12 educational institution or facility, any instructional
personnel as described in s. 1012.01(2), administrative personnel as
described in s. 1012.01(3), or a safe-school officer as described in s.
1006.12(1)-(4) or, if the institution is a private school, any equivalent of
such personnel or officer; or
2. For a postsecondary educational institution or facility, any adminis-
trative personnel, faculty member, security personnel, or law enforcement
personnel.
(b) Instructional personnel or administrative personnel as those terms
are described in s. 1012.01(2) and (3), respectively, for an educational
institution, or the equivalent of such personnel for a private school, who
willfully enter, for a purpose other than those listed in subsection (6), a
restroom or changing facility designated for the opposite sex on the premises
of the educational institution and refuse to depart when asked to do so by
person specified in subparagraph (a)1. or subparagraph (a)2. commit a
violation of the Principles of Professional Conduct for the Education
Profession and are subject to discipline pursuant to s. 1012.795.
(c) Instructional personnel or administrative personnel at a Florida
College System institution or state university who willfully enter, for a
purpose other than those listed in subsection (6), a restroom or changing
facility designated for the opposite sex on the premises of the educational
institution and refuse to depart when asked to do so by a person listed in
subparagraph (a)2. are subject to disciplinary actions established in State
Board of Education rule or Board of Governors regulation.
(d) Each postsecondary educational institution or facility defined under
subparagraphs (3)(i)4. and 5. and private school defined under
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Ch. 2023-106 LAWS OF FLORIDA Ch. 2023-106
subparagraph(3)(g)5.shall establish a disciplinary policy for administrative
personnel and instructional personnel who willfully enter, for a purpose
other than those listed in subsection (6), a restroom or changing facility
designated for the opposite sex on the premises of the educational institution
and refuse to depart when asked to do so by a person specified in
subparagraph(a)1. or subparagraph (a)2.
(e) Any person who willfully enters,for a purpose other than those listed
in subsection(6), a restroom or changing facility designated for the opposite
sex on the premises of an educational institution and refuses to depart when
asked to do so by a person specified in subparagraph (a)1. or subparagraph
(a)2.commits the offense of trespass as provided in s.810.08.This Paragraph
does not apply to a student of the educational institution or to administrative
personnel or instructional personnel of the educational institution.
(10)(a) Each juvenile correctional facility or juvenile prison as described
in s.985.465,each detention center or facility designated by the Department
of Juvenile Justice to provide secure detention as defined in s. 985.03(18)(a),
and each facility used for a residential program as described in s.
985.03(44)(b), (c), or (d) shall establish disciplinary procedures for any
juvenile as defined in s. 985.03(7) who willfully enters, for a purpose other
than those listed in subsection(6),a restroom or changing facility designated
for the opposite sex in such juvenile correctional facility, juvenile prison,
secure detention center or facility,or residential program facility and refuses
to depart when asked to do so by delinquency program staff, detention staff,
or residential program staff.
(b) Any delinquency program staff member, detention staff member, or
residential program staff member who willfully enters, for a purpose other
than those listed in subsection(6),a restroom or changing facility designated
for the opposite sex in a juvenile correctional facility,juvenile prison, secure
detention center or facility, or residential program facility and refuses to
depart when asked to do so by another delinquency program staff member,
detention staff member, or residential program staff member is subject to
disciplinary action by the Department of Juvenile Justice.
(c) A person who willfully enters,for a purpose other than those listed in
subsection(6),a restroom or changing facility designated for the opposite sex
on the premises of a juvenile correctional facility, juvenile prison, secure
detention center or facility, or residential program facility and refuses to
depart when asked to do so by delinquency program staff, detention staff, or
residential program staff commits the offense of trespass as provided in s.
810.08.This paragraph does not apply to juveniles as defined in s.985.03(7),
delinquency program staff, detention staff, or residential program staff.
(11)(a) The applicable governmental entity shall,for each public building
under its jurisdiction, establish disciplinary procedures for any employee of
the governmental entity who willfully enters,for a purpose other than those
listed in subsection (6), a restroom or changing facility designated for the
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Ch. 2023-106 LAWS OF FLORIDA Ch. 2023-106
opposite sex at such public building and refuses to depart when asked to do
so by any other employee of the governmental entity.
(b) A person who willfully enters,for a purpose other than those listed in
subsection(6),a restroom or changing facility designated for the opposite sex
at a public building and refuses to depart when asked to do so by an
employee of the governmental entity for the public building that is within
the governmental entity's jurisdiction commits the offense of trespass as
provided in s. 810.08. This paragraph does not apply to employees of
governmental entities for such public building.
(12) A covered entity that is:
(a) A correctional institution shall submit documentation to the Depart-
ment of Corrections regarding compliance with subsections (4) and (5), as
applicable, within 1 year after being established or, if such institution was
established before July 1, 2023, no later than April 1, 2024.
(b) A detention facility shall submit documentation to the applicable
governing body of the county or municipality regarding compliance with
subsections (4) and (5), as applicable, within 1 year after being established
or, if such facility was established before July 1, 2023,no later than April 1,
2024.
(c) A K-12 educational institution or facility, Florida College System
institution as defined in s. 1000.21(3), or a school district career center as
described in s. 1001.44(3) shall submit documentation to the State Board of
Education regarding compliance with subsections (4) and (5), as applicable,
within 1 year after being established or,if such institution,facility,or center
was established before July 1, 2023, no later than April 1, 2024.
(d) A state university as defined in s. 1000.21(6) shall submit documen-
tation to the Board of Governors regarding compliance with subsections (4)
and (5), as applicable, within 1 year after being established or, if such
institution was established before July 1, 2023, no later than April 1, 2024.
(e) A postsecondary educational institution or facility as defined in
subparagraph (3)(i)4. or subparagraph (3)(i)5. shall submit documentation
to the Department of Education regarding compliance with subsections (4)
and (5), as applicable, within 1 year of being established or, if such
institution or facility was established before July 1, 2023, no later than
April 1, 2024.
(f) A juvenile correctional facility or juvenile prison as described in s.
985.465, a detention center or facility designated by the Department of
Juvenile Justice to provide secure detention as defined in s.985.03(18)(a), or
a facility used for a residential program as described in s. 985.03(44)(b), (c),
or (d) shall submit documentation to the Department of Juvenile Justice
regarding compliance with subsections (4) and (5), as applicable, within 1
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Ch. 2023-106 LAWS OF FLORIDA Ch. 2023-106
year after being established or,if such institution or facility was established
before July 1, 2023, no later than April 1, 2024.
(13) Beginning July 1, 2024, a person may submit a complaint to the
Attorney General alleging that a covered entity failed to meet the minimum
requirements for restrooms and changing facilities under subsection (4) or
subsection (5).
(14)(a) A covered entity that fails to comply with subsection (4) or
subsection(5)is subject to penalties under paragraph(b) and to licensure or
regulatory disciplinary action, as applicable.
(b) Beginning July1,2024,the Attorney General may bring a civil action
to enforce this section against any covered entity.The Attorney General may
seek injunctive relief, and, for any covered entity found to have willfully
violated this section,the Attorney General may seek to impose a fine of up to
10 000.
(c) Fines collected pursuant to Paragraph (b) must be deposited in the
General Revenue Fund.
(15) This section does not apply to an individual who is or has been under
treatment by physician who, in his or her good faith clinical judgment,
performs procedures upon or provides therapies to a minor born with a
medically verifiable genetic disorder of sexual development,including any of
the following:
(a) External biological sex characteristics that are unresolvably ambig-
uous.
(b) A disorder of sexual development in which the physician has
determined through genetic or biochemical testing that the patient does
not have a normal sex chromosome structure, sex steroid hormone
production,or sex steroid hormone action for a male or female,as applicable.
(16) By January 1,2024,the Department of Corrections,the Department
of Juvenile Justice, and the State Board of Education shall each adopt rules
establishing procedures, the Board of Governors shall adopt regulations
establishing procedures, and the applicable governing body of a county or
municipality in which a detention facility is located shall establish policies,
to carry out this section and to ensure compliance with and enforcement of
this section, including, but not limited to, the type, format, and method of
delivery of the documentation required under subsection (12).
Section 2. If any provision of this act or its application to any person or
circumstance is held invalid,the invalidity does not affect other provisions or
applications of the act which can be given effect without the invalid provision
or application, and to this end the provisions of this act are severable.
Section 3. This act shall take effect July 1, 2023.
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Ch. 2023-106 LAWS OF FLORIDA Ch. 2023-106
Approved by the Governor May 17, 2023.
Filed in Office Secretary of State May 17, 2023.
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RESOLUTIONNO. -2023
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, UPDATING THE PERSONNEL POLICIES AND PROCEDURES MANUAL:
ADDITION OF SECTION 1.10 SAFETY IN PRIVATE SPACES ACT
WHEREAS, Florida Legislature passed Chapter Law 2023-106, the Safety in Private
Spaces Act, effective July 1, 2023; and
WHEREAS, Chapter Law 2023-106, the Safety in Private Spaces Act, Subsection 11
states that the applicable governmental entity shall, for each public building under its
jurisdiction, establish disciplinary procedures for any employee of the governmental entity
who willfully enters, for a purpose other than those listed in Subsection 6, a restroom or
changing facility designated for the opposite sex at such public building and refuses to
depart when asked to do so by any other employee of the governmental entity; and
WHEREAS, Chapter Law 2023-106, the Safety in Private Spaces Act, Subsection
16 states that the applicable governing body of a county or municipality shall
establish policies to carry out this section and ensure compliance; and
WHEREAS, Monroe County wishes to add Section 1.10 Safety In Private Spaces Act to
Personnel Policies and Procedures Manual in order to establish a policy pertaining to the
Chapter Law 2023-106; and
WHEREAS,this Resolution will approve the requested changes to the Personnel Policies and
Procedures Manual that have been voted and approved by the Personnel Policies and
Procedures Committee on November 16, 2023; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
[Additions are shown with underline; deletions are shown with strikethrough.]
1. Section 1.10 SAFETY IN PRIVATE SPACES ACT
Employees shall at all times comply with the provisions of Section 553.865, Florida Statutes,
enacted by Chapter Law 2023-106, the Safety in Private Spaces Act. Any employee who
willfully enters a restroom or changing facility designated for the opposite sex will be subject
to discipline as outlined in Section 9 of the Personnel Policies and Procedures Manual, except
under one of the following conditions: (1) to accompany minor, elderly person, or person with
disability; (2)for law enforcement or government regulatory purposes; (3)to render emergency
medical assistance; (4) to clean or maintain, but only if the room is not in use; or (5) to use the
room if the room designated for the opposite gender is out of service and the room is not in use.
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2. This change shall become effective December 13, 2023.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 13TH of December
2023.
Mayor Holly Merrill Raschein
Mayor Pro Tem James K. Scholl
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL) BY:
MAYOR HOLLY MERRILL RASHCEIN
ATTEST: KEVIN MADOK, CLERK Approved as to form and legal
sufficiency:
Monroe County Attorney's Office:
11-28-2023
o
AS DEPUTY CLERK
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