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Resolution 308-1988 Monroe County Administrative Services RESOLUTION NO. 308-1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, ADOPTING THE ATTACHED DOCUMENT ENTITLED "MONROE COUNTY PERSONNEL POLICIES AND PROCEDURES". WHEREAS, the Board of County Commissioners of Monroe County, Florida, previously adopted Ordinance No. 037 -1988 repealing Chapter 2, Article III of the Monroe County Code entitled "Employment Policies and Procedures," and WHEREAS, the Board of County Commissioners of Monroe County, Florida, now desire to adopt the employment policies and procedures set forth in the attached document entitled, "Monroe County Personnel Policies and Procedures," which are incorporated herein by reference and established as the employment policies and procedures to govern and control all employees of Monroe County, Florida, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby adopts the employment policies and procedures set forth in the attached document entitled "Monroe County Personnel Policies and Procedures," which are incorporated herein by reference and established as the employment policies and procedures to govern and control all employees of Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the ~ day of July, A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY, g~?~,.. ~ M R': A N (SEAL) Attest: DANNY L. KOLHAGE, Clerk J2L./~Jf)/ :1':':jjl-70... ~r::~ ~~~:~~~~::.~,~'~ /J~,'.',. ~,..~<:;. .,...~ .:,,::,jf;-r~l,,'(";;"\..iJ.. _~ .' /1 (/',::,:_~_~~_,_,:...,~.~ .1- :,// / I / MONROE COUNTY .. PERSONNEL POLIClES AND PROCEDURES MANUAL .' MONROE COUNTY PERSONNEL POLICIES AND PROCEDURES Table of Contents Intent Introduction . . . . . . . . . . . . . . . . . . . . Scope ....... . . . . . . . . . . . . . . County Service Personnel Section. Records of Personnel Section Sa.fety Depa.rtment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance Section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION I - General Policies LOI L02 L03 1.04 L05 1.06 1.07 L08 L09 Career Service. . . Political Activity. Outside Employment . . Use of County Property or Facilities. Code of Ethics..e . . . . . . . . . . . . . . . . Disclosure of Information. . . . . . . . . . . Restriction on Employment of Relatives Volunteers. . . . . . . . . . . . . . . . . . . . . . Veterans Preference in Initial Employment. ............ SECTION 2 - Employment Policies 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.D 2.12 2.13 Appointing Authority. . . Position Control . . . . . . . . . . . . . . . . Types of Employment. . . . . . . . . . . . . Probationary Period. . . . . . . . . . . . . . Continuous Service . . Medical Examinations Basis for Change of Status. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfers . . . . . . . . . . . . . . . . . . . . . . . . Employee Training. . . . . . . . . . . . . _ Educational Assistance Program. . . . ". Employee Safety ....... Promotional Opportunities. . Equal Opportunity Policy. _ . Page I I I n m m m ,. I-I I-I 1-2 1-2 1-2 1-3 1-3 1-3 1-3 2-1 2-1 2-1 2-3 2-4 2-5 2-6 2-6 2-6 2-{i 2-8 2-8 2-8 2.14 Additional Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9 SECTION 3 - Classification Plan 3.01 3.02 3.03 3.04 3.05 3.06 Classification Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Position Audit Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . Determination of Classes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Allocation and Re-Classification of Positions. . . . . . . . . . . . . . . . . Status of an Incumbent in a Re-Classified Position .... . . . . . . . . . Position Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 4 - Pay Plan 4.01 Pur(K)Se. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.02 Establishment of the Pay Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.03 Amendments.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.04 Pay Plan Revisions '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.05 Administration...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.06 Application of the Pay Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.07 Starting Rates ....................................... 4.08 Salary Ranges, Progressions, and Increases .,. . . . . . . . . . . . . . . . . . 4.09 Part-TIme Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.10 Administrative Salary Increase. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.ll Date of Hire, Payroll Changes, Anniversary Dates &: Employment Status Changes ...... . . . . . . . . . . . . . . . . . . . . . . . 4.12 Temporary - Higher Classification . . . . . . . . . . . . . . . . . . . . . . . . . 4.13 Wages Due Deceased Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.14 Budget Limitations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 5 - Hours of Work 5.01 5.02 Work Days and Work Week. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Overtime Work for Non-Exempt, Non-Emergency Response Employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.03 5.04 5.05 Overtime Work for Emergency Response Employees. . . . . . . . . . . . . Overtime Work for Exempt Employees . . . . . . . . . . . . . . . . . . . . . . Meal and Rest Periods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 6 - Holidays 3-1 - 3-1 3-2 3-2 3-2 3-2 ,w. 4-1 4-1 4-1 4-1 4-1 4-2 4-2 4-2 4-3 4-4 4-4 4-5 4-5 4-5 5-1 5-1 5-2 5-2 5-3 6.01 Official Holidays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 6.02 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 6.03 Work During Holidays .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-} 6.04 6.05 6.06 Holidays Falling on Weekenm. . . . . . . . Holiday During Paid Leave. . . Observance of Religious Holidays. SECTION 1 - Leave With Pay 1.01 1.02 1.03 1.04 1.05 1.06 1.01 Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Medical Justification . . . Notification of Absence. . . . . Funeral Leave. . . . . . . . . . . . Holidays During Sick Leave. . Payment of Unused Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 8 - Leave of Absence 8.01 8.02 8.03 8.04 Administrative Leave . . . . . . . . . . . . . . . Disability Leave - Workers Compensation. Pregnancy, Maternity and Child Care Leave. Leave of Absence Without Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 9 - Standards of Employment, Disciplinary Action and Appeals 9.01 9.02 9.03 9.04 9.05 9.06 9.01 9.08 9.09 9.10 9.11 9.12 9.13 9.14 9.15 In.tentiolL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility for Administration Standards of Employment . . . . . . . . . . . . . . . . . Disciplinary Actio.ns . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorization for Disciplinary Action. . . . . . . . . . . . . . . . . . . . . . Oral Warning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . Written Reprimand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Demotion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... SuspeflSion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . Discharge. . . . . . . . . . . . . . . . . . . . . Procedure for Imposing Discipline. . . . . . . . Possession of Weapon or Firearm. . . . Indictments, Prosecutions, Arrests. Failure to Cooperate in a Job-Related Investigation. Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 10 - Employee Complaint/Grievance Procedure 10.01 Complaint/Grievances.................... . . . . . . . . . . . . . 6-1 6-2 6-2 1-1 1-2 1-3 1-4 1-4 1-5 1-5 8-1 8-3 8-5 8-6 ,. 9-1 9-1 9-1 9-3 9-3 9-4 9-4 9-4 9-4 9-5 9-5 9-6 9-6 9-6 9-1 ID-l SECTION 11 - Separations lL01 lL02 lL03 lL04 11.05 Resignations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I..a.y~ffs. .'... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Retirement. Discharges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exit Interviews. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 12 - Soliciting 12.01 Soliciting. . . . . . SECTION 13 - Employee Performance Evaluations 13.01 13.02 13.03 Policy. . . .. . . . . . . . . . . . . . . . . . . . . . . . Pur,pose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.01 SECTION 14 - Employee Insurance Coverage Coverage . . . . SECTION 15 - Travel 15.01 TrlllrE!l. . .. . . . . . . . . -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.01 SECTION 16 - Appearance Appearance and Proper Attire. 11-1 11-1 11-1 11-1 11-1 12-1 13-1 13-1 13-1 14-1 15-1 .- 16-1 INTRODUCTION INTENT It shall be the intent of the Board of County Commissioners and other agencyorelected official who so request to adopt these policies and procedures that: A. The employees of Monroe County be productive persons who perform a useful County function. 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 employ- ment contract or guarantee. If an employee seeks information which is not covered in these Policies and Procedures, or if an employee wishes clarifications of any policy or procedure, he should check with his 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. 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, board or department which so requests. THE COUNTY SERVICE The County Service shall consist of all existing positions and any positions herein- after created in the County with the following exemptions: A. The Board of County Commissioners and any positions which may be declared exempt by the Board as stipulated by a specific contract I of employment. B. Other elected officials. C. Members of Boards, Committees and Commissions. 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. B. Volunteers. PBRSONNBLSBCTION 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 or a Personnel Department, through the Division of Management Services, in additior to the duties imposed by personnel policies and regulations, it is the responsibility of the County Administrator, through the Personnel Section, to: A. Apply c1Dd 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. B. 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 canditates for County employment. K. Prepare any County Affirmative Action Plan. n " " 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 examina~ tions and providing employee orientation. N. Provide staff support to the Board of County Commissioners in regard to personnel matters. O. Ensure that all department selections are made from qualified applicants based on qualifications and/or test scores. RECORDS OF PERSONNEL SECTION The efficient administration of the County's Personnel Section 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 Personnel Section 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 witholding, 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. SAFETY DEPARTMENT It is the responsibility of the County to create and maintain a safe environment in which to work for all employees of Monroe County, through a viable safety program, as required by the State of Florida. This safety program shall be administered and strictly enforced according to the safety policies adopted by the Board of County Commissioners. INSURANCE SECTION 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 Administrative Services Department, Risk Management Section 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 Division and 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. ill ", B. EMPLOYEE BENEFITS 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 the Administrative Services Department, Employee Benefits Section, with final approval of program types and levels of benefits remaining with the Board of County Commissioners. c. 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. .- IV " GENERAL POLICIES SECTION I 1.01 CAREER SERVICE A. DEFINITION In accordance with Chapter 69-1321 Laws of Florida, as amended, employees designated in this Act, having at lease one (I) year of continuous satisfactory service, shall be considered career service employees, except as set forth therein in these policies and procedures. B. APPLICA TION FOR CAREER SERVICE One month prior to the employee's anniversary date, except as provided for in Section 2.04 herein, the Personnel Section will provide the Department Head with a form which will be used to evaluate the employee in accordance with these policies and procedures. The evaluation form will be returned to the Personnel Section and placed in the employee's personnel record. At that time the County Administrator may recommend that the employee be retained. (See Section 2.04). If a positive recommendation is made, the employee will be eligible for Career Service upon completion of one (l) year continuous satisfactory full time 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. J C. CONTRACT EMPLOYEE .,. The County Commission may waive, at its option, the necessity for the probationary service of a contract employee prior to his employment by the County uncter the Career Service rules. In no event, however, may. the County waive such probationary requirement unless the affected employee has served at least one (I) year in the capacity for which the probation has been waived. 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. D. Nothing herein contained shall affect the right of the employees to hold membership in, and support, a political party, to vote as they 1-1 .. choose. to express privately opinions on all political subjects and candidates. to maintain political neutrality. and to attend political meetings. 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. and may be am mended from time to time. 1.03 OUTSIDE EMPLOYMENT A. Full-time employees are discouraged. but not restricted from engaging in other employment during their off-hours. However. County employment must be considered the primary employment and no employee may engage in outside employment which would interfere with their fulfillment of duties during county work hours, the interest of the County. or the availability of employees for emergency or call- in duty. 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 OR FACILITIES A. Equipment. facilities. vehicles or property of the County shall not be used by employees for any reason or purpose other than County business. The use of same for personal gain or use will be cause for". termination. LOS CODE OF ETHICS A. 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. B. Employees shall not accept any gift, favor or service that may reasonably tend to improperly influence the discharge of their official duties. C. No employee shall make any false statement. certification or recommendation of any employment under any provision of these policies, or 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. D. 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 owns a controlling interest. E. Employees shall not conduct personal business while in County uniform, nor shall they consume alcoholic beverages while on duty, nor on off-duty hours while in uniform. 1-2 . , F. 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, who shall either approve or forbid the activity, or refer the question to the Personnel Section. Conflict of interest rules shall be in accordance with the established Laws of the State of Florida. 1.06 DISCLOSURE OF INFORMATION 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. 1.07 RESTRICTION OF EMPLOYMENT OF RELATIVES Restrictions on employment of relatives shall be in accordance with Florida Statute ll6.111 (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 officiaI." Nothing set forth herein shall prohibit the employ- ment of more than one (1) member of the same family. The Personnel Section will be responsible to investigate any alleged incident of nepotism, and when needed, the County's legal advisor will furnish current information to the Personnel Section on Florida Statute ll6.111. Where a State or Local statute regarding nepotism exists which is more r~strictive than this policy, the eligible applicant'should follow the State and Local statute in lieu of this policy. 1.08 VOL UNTEERS Monroe County recognizes the importance of work performed by volunteers. The Department Head will be responsible for obtaining authorization from the Personnel Section 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. 1.09 VETERANS PREFERENCE IN INITIAL EMPLOYMENT If no qualified applicant is selected in-house often a seven (7) calendar day posting period, available positions will then be offered to the general public. Eligible veterans and spouses of veterans will receive preference in initial employment with the exception of those positions which are exempt purusant to Florida's Preference Law [Chapter 295 Florida Statutes (1987)]. 1-3 EMPLOYMENT POLICmS SECTION 2 2.01 APPOINTING AUTHORITY The' Btl2rd of County Commissioners shall be the appointing authority for the County Administrator. All other positions under the jurisdicbion of the Board of Commissioners ~halT be employed and supervised by the,COunty Administrator. Employment of Division and Department Heads will require the confirmation of the Board of County Commissioners. The County Administrator will be responsible for: A. Ensuring that all positions to be filled have been authorized and budgeted. 8. Approval of all changes in employee status in accordance with the Personnel Policies and the Classification and Pay Plan. C. Ensuring that all positions in all Divisions have been evaluated. rated and classified in accordance with the compensation and classification plans. 2.02 POSITION CONTROL A. All positions in the County Service are established and maintained through a budget each fiscal year, in accordance with procedures provided by the Board of County Commissioners. B. The establishment of new or additional positions can only be authorized by the Board of County Commissioners and the County ... Administrator, subject to adequate justification of need and availability of funds. 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: I. Full-Time Regular Employee 2. Substitute Employee 3. Temporary Employee 4. Emergency Employee S. Part-Time Employee 6. Trainee 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. ' 2-1 B. Definitions of types of original employment: I. Full-Time Regular Employee a. Full-Time Regular employment will be made to a classification for regularly budgeted County positions, working 30 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. 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. 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 beneifts, 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 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. 2-2 ", 4. Emergency Employee a. Emergency employment may be made when a short-term emergency exists. b. Emergency employment may be made without regard to the person's training or experience. c. No person shall be given one or more emergency employ- ments for more than three (3) calendar months. d. An emergency 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 thirty (30) hours per week. The salaried part-time employee who works at least twenty (20) hours per week will accrue vacation and sick leave prorated to the number of hours worked but will not receive group insurance. Anyone working less than twenty (20) hours per week will not accrue sick or annual leave. (See Section 2.16 regarding Retirement and Social Security benefits). 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. 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. Following the probationary period, the County Administrator, or a designee, shall either: (I) recommend, in writing, retention of the employee, at which time the employee shall be granted career service status: or (2) in the event the County shall fail to make a positive recommendation, the employee shall auto- matically 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 CET A Program will retain their original date of hire if transferred to or hired in a regular County position for evaluation purposes only. Said employee must then serve the 2-3 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 mutually desirable. The Department Head with concurrence of the Division Head will send the Personnel Section a written report of the employee's job performance during the sixth and eleventh months of the probationary period. C. In the event any employee receives a promotion from a lower to a higher position within the same department, the employee shall serve a probationary period of 1. months from the date of promotion or until their original probation period is completed, whichever is greater. Upon the expiration of this time period, the County Administrator or his designee can recommend retention of the employee in the position to which he was promoted. In the event the County fails to make a positive recommendation, the employee shall automatically revert to the former lower (or similar vacant) position, without loss of rights or benefits. Such reversion shall be final with no rights of appeal to any authority, including the grievance procedure contained herein. D. An employee who is transferred to another department through the promotional opportunity process will serve a 3 month probationary period, or the remainder of their original probationary period, whichever is greater. If during this probationary period the employee is found to be unsatisfactory, he or she may be terminated if recommended by the Department Head and the Division Head and approved by the Administrator, but will be able to apply for another,.. County position through the promotional opportunity system for I year, after which time he or she must wait until a desired position is open to the public. B. 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 Division Head and approved by the Administrator but will not serve an additional probationary period. (See Section 3.04 and 3.05) 2.05 CONTINUOUS SBR VICB 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. 2-4 D. If an employee has a break of service of 48 hours or more. he/she cannot be reinstated to his/her former employment status. If he/she is selected for County employment after such a break in service, he/she must begin as a new employee in all respects. except for Retirement Benefits which are governed by Florida Statutes. E. Any unauthorized leave without pay for three consecutive work days or more may be considered a break in service, and may result in termination. 2.06 MEDICAL EXAMINA nONS A. In order to maintain a vigorous and healthy work force the County shall require pre-employment medical examinations. 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 which may include blood and/or urine testing. B. The County Administrator may require that an employee submit to a physical and/or psychiatric examination by a physician at any time during their employment, which may include blood and/or urine testing for drug or alcohol usage. based on reasonable ~uspicion. Federal Grant Programs will provide funding for medical examinations for their employees in their respective budgets. C. In the event that an applicant has had a physical examination withi~ one month prior to County employment, the physical examination requirement may be waived by the Department Head with the approval of the Personnel Office. providing the applicant provides a medical statement of fitness from the examining physician. D. An employee who is to be hired for a period of 30 days or less may not be required to take an examination. E. Should 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 Personnel Section and the employee's Department Head and Division 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. F. An employee determined to be physically or mentally unfit to continue working in his/her present classification may be reclassified to any available position for which the employee is determined to be physically or mentally fit, provided such a position is available, or he may be terminated. 2-5 2.07 BASIS FOR CHANGE OF STATUS In considering employees for promotion, demotion, recall from layoff or transfer, job performance shall be the sole criterion. Job performance being equal, length of continuous service shall be the criterion. 2.08 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 and Division 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). 2.09 EMPLOYEE TRAINING The County Administrator shall establish and develop an educational program for employees in the County Service. The purpose of this program is to increase operational efficiency and to assist employees in preparing themselves for positions of increasing difficulty and responsibility. Training meetings and courses may be held with the approval of the Department Head during official working hours. 2.10 EDUCATIONAL ASSISTANCE PROGRAM ... A. EDUCATIONAL ASSISTANCE POLICY 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. 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 his Department Head and approved by the Division Head. An exception may be made for those employees referred to in Ordinance No. 008-1987, as approved by the Board of Commissioners. c. APPLICA TIONS Submit the completed Request for Educational Assistance Form (4 copies) to the immediate Supervisor. The Supervisor shall forward the application to the Personnel Office with the appropriate approvals. The Personnel Section shall review the employee's eligibility to participate in the Educational Assistance Program and shall be responsible for the administration of the program. 2-6 The application must be submitted and approved by the Division Head prior to the employee enrolling in the course. D. TIME OFF FROM WORK Qualified employees shall be permitted time off from work with pay to attend required classes which are not available during non-working hours, if approved by the 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 L Upon the successful completion of approved courses with a grade of at least C or equivalent, the employee will be eligible for reimbursement of tuition. The employee must present a certifica- tion of successful course completion and a paid receipt for tuition to the Personnel Office. Requests for reimbursement must be made within thirty-five days after completion of the course. 2. No employee shall be entitled to reimbursement for textbooks or course materials. 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 withold 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 program shall remain with the County at least one (I) year after completion of courses, otherwise any reimbursement which was made by the County to the employee shall be refunded to the County, if the employee is terminated within less than one (I) year from date of 2-7 completion of educational assistance courses. Further funding to the County shall be accomplished by deducting all reimbursement due from the employee's paycheck. 2.ll EMPLOYEE SAFETY Employees will observe all safety rules and regulations established by County Government. Department Heads and Supervisors are responsible for the ?bs~rv?n:e of those rules within their jurisdiction. Failure to comply may result 10 dlsclphnary action. 2.12 PROMOTIONAL OPPORTUNITIES A. It is the policy of the Board of County Commissioners to consider County employees for promotional opportunities before applicants from the general public are considered. Promotional Opportunities will be posted on bulletin boards throughout the County system for seven (7) calendar days. B. An employee wishing to apply for a promotional position will complete the Promotional Opportunity Application Form within the seven (7) day period and submit it to his Supervisor who will insure its immediate referral to the Department Head for signature, and then to the Personnel Section. The Personnel Section will review these completed forms and refer qualified applicants to the Department with vacancy for consideration. C. If no qualified applicant is selected in-house after the seven (7) calendar day posting period, the positions will then be offered to the general.. public. Eligible veterans and spouses of veterans will receive preference in initial employment with the exception of those positions which are exempt pursuant to Florida's Veterans' Preference Law [Chapter 295, Florida Statutes (1987)]. 2.13 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, age, handicap or other similar factors that are not job-related. The County's policy of equality of opportunity applies to all organizational levels of the County and to all job classifications. It is the responsibility of each 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 employee to help maintain a work environment which is conducive to, and which reflects, the County's committment to equal employment opportunity. B. All personnel actions shall be based solely on ability and fitness of the individual. C. The Personnel Section shall see that information about job opportunities are readily available to all citizens of the County, and a continuing program shall be conducted to make the Equal Employment policies known to all citizens of the County. 2-8 D. These policies and procedures which ensure equal employment opportunity in both securing County employment and in promotional opportunities at all job levels are part of the County's Affirmative Action Policy. In this capacity. the Personnel Section will be responsible for the anticipating of problems. formulating solutions. presenting complete analysis of alternatives and recommended corrective actions and coordinating the recommended actions with Division Heads, 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 mem bers and women. This policy is specifically included and will be a continuing and essential component of the Personnel Policies and Procedures. B. Sexual harassment is a form of employee misconduct which undermines the integrity of the employment relationship. County policy dictates that all employees be able to work in an environment free from ~ unsolicited and unwelcomed sexual overtones. It is a violation of County policy for any employee to engage in any act or behavior which constitutes-sexual harassment. The County will take corrective action for any employee who is determined to have violate.d this policy. Such action will include a range of disciplinary measures. up to and including discharge. . ,- 2-9 ,." ... CLASSIFICA TION PLAN SECTION 3 3.01 CLASSIFICA TION 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 pa.rticular 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 Personnel Section and should be reviewed ,and updated annually, or whenever a change occurs in the duties of any position. Each job description will be approved by the Department Head, the Division Manager. and the CQunty Administrator. Each employee will receive a copy of their respective job description at the time of their employment, and any time there is a change in their 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 the Division Head in which the specific position is located. or the incumbent of the position to be audited. All requests must be approved by the Division Head. ' Position information will be gained through completion of a Position Classification Questionnaire 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 the Personnel Office. The applicable Department and Division Head should review and make recommendations to the County Administrator through the Personnel Office on all proposed new positions, changes, and position descriptions. 3-1 3.03 DETERMINA TION OF CLASSES A. The Personnel 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 employees position is abolished under this section, said employee shall have first consideration for a position in a similar classification that may arise in the County service for a period of one year. However, if that employee refuses an offer for a similar position or, if that employee within the one-year period elects to take any position in the County service, said employee shall be removed from preferential consideration. 3.04 ALLOCA nON AND RE-CLASSlFICA nON OF POSITIONS A. The Personnel 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 pro Dose 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 Division 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 STA TUS OF AN INCUMBENT IN A RE-CLASSlFIED POSITION When the incumbent of a position, through diligent application of work, is officially assigned more difficult and significant additional responsibilities and duties so that it appears as if the position warrants re-classificaiton of a higher class, the Personnel Office shall perform a field study of the present duties and responsibilities of the position. If it is determined after recommendation by the Department Head, Division Head and the Personnel Director that the position should be re-classified, the County Administrator may require that the incum bent undergo a prescribed test of fitness, depending on the conditions of the re-classification and the nature of the position to be re-classified before approval. A revised job description will be submitted by the Department Head for approval by the Division Head and the County Administrator which includes the additional duties of the position. An employee reclassified in this manner will not serve an additional probationary period as a result of this reclassification. 3.06 POSITION CONTROL All positions are established and maintained through a budget each fiscal year in accordance with established budget and accounting procedures. The establishment 3-2 of new or additional position can only be based on adequate justification of need and the availability of funds. Such additions must be recommended by the Division Head and approved by the County Administrator. The provisions herein do not relate to the Pay Plan, but to position statuses created by need and necessity only. The Division of Management Services shall maintain a position control system in the Department of Administrative Services, Personnel Section. Important: All additions. revisions. reclassifications or other personnel actions having a financial impact on the County shall be reviewed by the Personnel Section and the office of Fiscal Management and approved by the County Administrator. ". 3-3 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. A vailability 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. Division 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 ADMINISTRA TION The Administrative Services Department, Personnel Section, in conjunction with the office of Fiscal Management, 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. 4-1 - 4.06 APPLlCA TION 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. 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: L In the event an application 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 a rate below the minimum starting salary. 2. If the applicant's training, experience or other qualifications are substantially above those required for the position, the County Administrator may approve employment at a rate of up to 4 steps above the minimum established for the class. 3. The need to make appointments in excess of 8% above the minimum shall require extensive documentation and specific approval from the County Administrator. 4.08 SALARY RANGES. PROGRESSIONS. INCREASES ,., All salary adjustments shall be based primarily on availability of funds, and must be recommended in writing by the Department and Division Head and approved by the County Administrator. A. An employee may receive a salary increase by means of a promotion, re-classification or pay range adjustment. B. There are no provisions in the County Pay Plan for automatic salary advancements, as all increases are to be based on availability of funds, work performance, and other pertinent factors as evaluated by the employee's Supervisor and/or Department Head, and approved by the Division Head and County Administrator. C. All requests for salary increases shall be processed through the Personnel Office and the office of Fiscal Management for review and determination of compliance with the County Policies ,and Procedures and Budgetary Control. D. MERIT INCREASES I. A merit increase is a salary increase within the same pay grade, awarded for outstanding County Service. 4-2 . .. 2. The amount of merit increase an employee receives 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 m,ust be approved by the CountYiAdministrator. 3. An employee shall be eligible for consideration for a merit increase during the budget preparation period after completion of their probation period. 4. New employees hired below the minimum rate would be eligible for consideration six; months from the date they are adjusted into the minimum rate. 5. The foregoing reflects the current procedure, however the County reserves the right to change the procedure whenever necessary. 6. The longevity increase is a method to be used to give employees a salary increase after they have reached the maximum rate of pay grade in the normal range. To be eligible for advancement within the longevity range, an emplo;iee must meet all of the following requirements: a. Must have completed three full years of continuous satisfactory County service. b. Have been at the maximum step of the pay grade for at least one year. c. Be eligible for a merit- increase in accordance with these Policies and Procedures. .. The amount of the longevity increase shall be recommended by the Department Head and the Division Head and approved by the County Administrator, and shall usually be given in accordance with the County's current salary increase system. 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. H. COST OF LIVING INCREASES The decision whether 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. 4.09 PART-TIME EMPLOYMENT Employees working less than full time will be eligible for consideration for a salary increase upon satisfactory completion of 1,040 hours of work, and future increase after 2,080 hours of satisfactory work, using the procedure outlined in Section 4.08. 4-3 ,.' 4.10 ADMINISTRA TIVE SALARY INCREASE Advancements and salary increases for employees in the Administrative Salary Schedule shall be determined by the County Administrator. Increases within the established range for these employees shall reflect the performance of the individual, program efficiency and results obtained. 4.11 DATE OF HIRE. PAYROLL CHANGES. ANNIVERSARY DATES &: EMPLOY1IENT STATUS CHANGES A. DA TE 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. PAYROLL CHANGES Payroll changes will officially occur on the first day of the pay period in which the change is approved unless special permission is obtained from the County Administrator and the Payroll Department to do otherwise. Example: If an employee is approved for a merit increase the increase would become effective the first date of the pay period in which the recommended effective date occurs. C. CHANGES IN EMPLOYMENT STATUS A promotion occurs when an employee is moved from a position in o..ne class to another position in a different class which has a higher minimum salary. Any employee may be demoted by the Department Head with the approval of the Division Head 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 transferred to another position in the same job classification or to a different position with the same pay range will not be eligible for a salary increase at the time of transfer. Such transfers may not affect the employee's anniversary date or other status. D. ANNIVERSAR Y DATES An employee's anniversary date is the date of any major changes of employment status and may be used for evaluation purposes when applicable. E. 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. 4-4 t. ,9 . , . 4.U TEMPORAR Y - HIGHER CLASSIFICATION An employee required to work in a higher classification 30 consecutive working days or less may be required to do so at no increase in pay. If the employee is required to work beyond this period, he should be given a temporary transfer to the higher classification and be paid the appropriate rate for the higher classification for the 31st day and every consecutive working day thereafter. 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. 4.13 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 Law of Intestate Succession. 4.14 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. .. 4-5 . . ,. HOURS OF WORK SECTION 5 5.01 WORK DAYS AND WORK WEEK A. No County Department may operate on less than a 37 1/2 hour normal work week, nor more than a 40 hour normal work week (exclusive of lunch breaks). unless authorized in advance in writing by the Division Head and approved 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. 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. D. 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. E. All absences shall be properly recorded and charged. F. Nothing herein shall constitute a guaranteed minimum number of working hours per week. ". 5.02 OVERTIME WORK FOR NON-EXEMPT. NON-EMERGENCY RESPONSE EMPLOYEES A. STATEMENT OF POLICY I. Overtime, whether compensated with cash or time off, must be approved by the Division Head. The employment and work program of each Division should be arranged so as eliminate the necessity of overtime work exce'pt in emergency situations. 2. Overtime is defined as work assigned and performed by any employee beyond the normal scheduled work week. 3. Employees who work more than their normally scheduled hours will be paid at their straight-time rate of pay for all hours worked up to and including forty (40) hours in a work week. Hours worked in excess of forty (40) hours in a work week will be compensated as provided below. 4. Employees who work in excess of forty (40) hours in any work week will be paid overtime at one and one-half times their regular rate of pay for all hours worked over forty (40), or will be granted time off (compensatory time) in lieu of overtime. The County, whenever possible, will get an 5-1 . , . ., . employee's agreement before offering compensatory time. Nevertheless, the County reserves the right to require employees to accept compensatory time in lieu of overtime. This policy constitutes a mandatory condition of employment. 5. Compensatory'time, if offered by the County, will be governed by the following conditions: a. Must be authorized by the appropriate Division Head; 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)] will automatically be paid at the time and one-half rate; d. An employee's reasonable request to utilize accrued compensatory time will be granted; e. Upon termination of employment, an employee will be paid for all unused 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 .. (il) the final regular rate received by the employee, whichever is higher. 5.03 OVERTIME WORK FOR EMERGENCY RESPONSE EMPLOYEES Pursuant to Section 7K of the Fair Labor Standards Act, the County has established a work schedule for the shift work employees of the Public Safety Division. All hours worked will be paid at the regular rate until an employee reaches a number of hours worked whereby overtime is required as set down in the Fair Labor Standards Act. All hours worked in addition to that amount will be compensated at an overtime rate. 5.04 OVER TIME 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, the County Administrator in his sole discretion may approve compensation for overtime, either in compensatory time or cash, for an exempt employee who has been required to work an unusually large amount of overtime, such as during a disaster, etc. 5-2 ~ ,> '. : 5.05 MEAL AND REST PERIODS Employees classified as regular full time will receive a total of one hour for meal/rest period per work shift, the time and sequence of which will be determined by the Supervisor and approved by the Department Head if it is necessary for the 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. ,- 5-3 ,> .. .. HOLlDA YS SECTION 6 6.01 OFFICIAL HOLIDAYS The following are holidays which shall be observed by all County offices in which functions can be discontinued without adversely affecting required services to the public: New Year's Day Presidents Day Martin Luther King's Birthday Good Friday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day In addition to the above-designated holidays, the Board of Commissioners, in its sole discretion, may grant other special holidays during the course of a year to some, or all, County employees. 6.02 ELIGIBILITY 6.03 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. WORK DURING HOLIDAYS - Each employee shall observe all holidays designated in this Section, provided that the work load of the department is, in the discretion of the County Administrator, such that the employee's work load cannot be discontinued without causing a hardship to the County. In the event that the work load in any department does not permit the observance of any designated holiday, all employees required to work on said designated holiday, or if holiday falls on employees designated day off, those employees may be granted another day's leave in lieu of the holiday or paid for the work performed on the holiday, as determined by the Department Head and Division Head. 6.04 HOLIDAYS FALLING ON WEEKENDS Unless otherwise specified by the Board/County Administrator - 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. 6-1 " . .' 6.05 HOLIDA Y 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 OBSER VANCE 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. ,. 6-2 , .' " . : 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, full-time employees shall be earned in accordance with the following table: Years of Continuous Service Hours of Leave Earned During Each Calendar Month I through 3 years 4 hours per pay period (13 working days per year) 4 through 10 years 5 hours per pay period (16 1/4 working days per year) II through 19 years 6 hours per pay period (19 1/2 working days per year) 20 through resignation ,- 7 hours per pay period (22 3/4 days per year) Annual leave for employees working less than 40 hours 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. An employee must have actually worked or been on leave with pay status the entire pay period to accrue annual leave for that pay period. C. I. Annual leave may be used on a month to month basis as it is earned according to scheduling requirements and may be accumulated up to 40 working days. Any time earned in excess of this amount will automatically be forfeited at the end of the next fiscal year. 2. All annual leave must be approved in advance by the Department Head and/or the County Administrator. 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 7-1 '. . .' , . 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, D. ANNUAL LEAVE PAY UPON TERMINATION If approved by the Department Head and Division Head, computing annual leave pay will be based on the employee's regular rate of pay and terms of separation. E. RESTRICTIONS Annual leave may be used for any purpose, however, it is a privilege incident to County service and is not a right, and may only be used by the employee if taken prior to termination for cause or in accordance with these policies,. with the following restrictions: I. 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 1l,01-Resignations. 4. Employees who leave the County service without proper notice or who are terminated for just cause may be denied payment of accrued annual leave. 7.02 SICK 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 Division Head. 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. 7-2 ." Sick leave for employees working less than forty (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. An employee must have actually worked or been on leave with pay status the entire pay period in order to accrue sick leave for that pay period. C. USE OF SICK LEAVE L Sick leave shall be used only with the approval of the Department Head and shall not be authorized prior to the time it is earned and credited to the employee except in cases of pre-arranged medical appointments, surgery or other health-related matters. 2. Sick leave shall be authorized only in the event of: a. The employee's personal illness, injury or exposure to a contagious disease which would endanger others. b. Illness or injury of a member of the immediate family whose well-being depends on the care of the employee. 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. Pre-arranged surgery or other health-related matters. 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: 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 (I) time on each consecutive day thereafter, that the employee will miss work because of sick leave. File a written report (after returning to work) explaining the nature of the illness, when required by her Supervisor or Department Head. 7-3 I. ". 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 ilIness 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 7.0J A> If absent for three consecutive work days without reporting to the Supervisor a reason sufficient to justify the absence, the employee may be removed from the payroll as having quit without notice, The Supervisor is to notify the Department Head. 7.05 FUNERAL LEAVE All employees covered under this policy shall be granted up to two working days off with pay in order to attend a funeral of a member of the employee's immediate family. The immediate family shall be construed to mean one of the following: Spouse, parent, son, daughter, sister, brother or legal guardian. Additional time off (over and above the two working days herein provided) may be approved by the Department Head, and charged to sick or annual leave, Funeral leave may also be utilized in the event of the death of an employee's grandparent or in-laws: The prior approval of the Division Head and the Department Head is required. Additionally, the County may require proof of death of a family mem ber before making payment of leave. 7-4 I. . . 7.06 HOLlDA YS DURING SICK LEAVE Holidays occuring 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 creditable service shall not be paid for any unused sick leave credits. B. Employees with varying years of creditable service shall, upon separation, from the County with good standing, death or retirement, receive incentive sick leave pay as follows: 5 to 10 years of service - 1/8 of all accrued sick leave, with a maximum of 30 days. 10 to 15 years of service - 1/4 of all accrued sick leave, with a maximum of 45 days. 15 years or more - 1/2 of all accrued sick leave, with a maximum of 60 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. 7-5 . . LEA VE OF ABSENCE SECTION 8 8.01 ADMINISTRA TIVE LEA VB Administrative leave is leave with pay that is not charged to the employee's sick or annual leave. A. JURY DUTY AND COURT LEAVE I. A full-time employee 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 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 wilI be retained by the employee. 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. ... 2. The County, it 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. 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-I, (a) and (b). 3. 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. 4. 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. 8-1 , : 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 Division Head to be beneficial to the County, an employee may be granted leave with pay to attend such professional meetings or conferences as may contribute to the effectiveness of his employment (See Section 15 - Travel - for reim bursement 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 and the Division Head. E. SHORT-TERM MILITARY TRAINING An employee who is a member of the United States Armed Forces Reserves, including the National Guard, shall be entitled to leave without loss of payor time during periods in which he is engaged in annual field training or other active duty for training exercises. Su~h leave with pay shall not exceed seventeen (17) calendar days in any one calendar year. Military earnings wilI be retained by the employee. F. NATIONAL GUARD SERVICE An employee who is a member of the Florida National Guard shall be entitled to leave without loss of payor time on days when ordered to active service by the State or Federal Government. Such leave with pay shall not exceed seventeen (17) calendar days at anyone time. NOTE: Paragraphs "E" and "F" do not include armory drills or multiple training assemblies. G. EXAMINATIONS FOR MILITARY SERVICE An employee who is ordered by his Selective Service Board to appear for a physical examination for induction into the military service shall be granted leave with pay for this purpose. H. ADMINISTRA nVE LEAVE FOR RE-EXAMINA nON OR TREATMENT BY VETERANS ADMINISTRA nON WITH RESPECT TO SER VICE- CONNECTED DISABILITY -In Accordance With F.S. IlO-1I9. Any employee of the County who has been rated by the Veterans Administration to have incurred a service-connected disability and 8-2 has been scheduled by the Veterans Administration to be re-examined or treated for the disability shall be granted administrative leave for such re-examination or treatment without loss of payor 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. 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 L Date of Disability - The date on which the disability begain, 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 lor 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: I. All facts in the service history of the case. 2. The findings of the medical examiner assigned by the Workers Compensation carrier. 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. 8-3 ..' 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 I. 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. It is the responsibility of the Supervisor to file a Notice of Injury Form and Supervisor's Report with the Administrative Services Office, Employee Benefits Section, as soon as possible. A fine of up to $100 per day may be assessed against the County by the Workers Compensation Bureau 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. If disability continues into the eighth (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. ... 4. If disability continues into the fifteenth (15th) 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 percentagewise on Workers Compensation Benefits paid. 5. After fifteen (15) 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. 6. If requested by the employee, a review of the case will be made by a committee composed of a representative of the Personnel 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 8-4 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. 7. The disabled employee will continue to accrue both sick leave and annual leave during the period of disability. 8. 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. 8.0J PREGNANCY. MATERNITY AND CHILD CARE LEAVE A. PREGNANCY I. An employee who knows in advance that he/she intends to request Maternity or child care leave shall notify their Department Head or Supervisor at least ninety (90) days prior to the requested time of leave. 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. .. J. 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. MA TERNITY LEAVE I. Disabilities arising out of pregnancy, childbirth and recovery therefrom, 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 work load requirements. 3. Any such leave must be requested in advance and approved by the Department Head and the Division Manager, 4. An employee approved for maternity leave shall be eligible to return to work at any time during the leave of absence upon 8-5 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 An employee may request up to 4 weeks of Personal Leave in connection with the adoption or birth of a child residing in the employers household. At the discretion of the Department Head, the leave, if approved, may be charged to sick or annual leave. Otherwise, the leave shall be leave without pay. All such leave approval will be subject to scheduling of the workload of the department. 8.04 LEA VE OF ABSENCE WITHOUT PAY A. EDUCATIONAL LEAVE I. 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 Division Head may approve an extension of such leave if an individual case is justified and approved by the County Administrator. B. MILlT AR Y LEAVE I. An employee who is drafted, who volunteers for active military service, or who is ordered to active duty in connection with reserve activities other than short-term training as outlined in Paragraphs 8.01-1, "E" and "F", shall upon presentation of a copy of his official orders, be granted leave without pay extending ninety (90) calendar days beyond the date of separation from the military service. 2. All unused leave benefits shall be retained by the employee who shall have the same credited to his record if he applies for reinstatement to his position. During such leave of absence, the employee shall be entitled to preserve all rights established by County Personnel Policy. 8-6 . . 3. Upon separation from the military service, the employee must request reinstatement within ninety (90) calendar days after separation. The County may require the employee to submit to a medical examination to determine his fitness to perform the duties of the position to which he may be returning. If the employee volunteers for an additional tour of military duty, he shall forfeit his reinstatement rights. c. PERSONAL LEAVE I. If recommended by the Department Head and the Division 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 not detrimental to the operations of the Department. D. SCHEDULING LEAVE OF ABSENCE WITHOUT PAY All leave 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 approved form to the Division Head for approval, and then to the Personnel Section for further processing. Any request for leave without pay must be approved by the County Administrator. A completed copy of the Leave Request Form will be forwarded to the Payroll Department along with the Employee's Time Sheet whenever possible, with a copy filed in the employee's official personnel file. E. LEA VE OF ABSENCE - GENERAL PROVISIONS "" I. 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. 8-7 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. 4. INSURANCE COVERAGE WHILE ON LEAVE OF ABSENCE a. The County will continue to maintain group insurance benefits for employees while on approved paid leave status. b. Employee Coverage - The County will not maintain Group/Health insurance benefits for employees on leave without pay status, except in the case of disabling illness, as verified by a physician, up to six (6) months. Said employee may make monthly cash premium payments for themself if approved leave without pay extends beyond six (6)'months. Failure to make payment(s) on a timely basis may result in termination of coverage. c. Dependent Coverage - If an employee is on leave without pay status eleven (11) working days in any month, said employee may make monthly cash premium payments for dependent coverage for that pay period, and each pay period thereafter while on approved leave without pay. Failure to make payment(s) on a timely basis may result in termination of coverage. d. Extension of Group Insurance benefits will be awaroed in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA), effective October I, 1986. 8-8 ,-.. 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. 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 the elected officials, D1vision Heads 'and the Board of County Commissioners to assure that disciplinary action is fair and consistent throughout the County Service. 9.0J 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. Willful or repeated violations of county, state or federal law or of these policies and procedures. .. B. Insubordination - Not submissive to authority. 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 discrespect to members of the public, supervisors. or other employees; on duty or off duty. 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 contenrlere 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. 9-1 . . G. Fraud or Dishonesty - Falsification of County documents or records or failure to give complete information for personnel records. Intentionally making false statement either oral or written about the County, other employees, supervision, yourself 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. L Tardiness - Failure to report to assigned work station on or before the scheduled starting time. J. Leaving Assigned Work Area - Except for emergency reasons or with the Supervisor's approval, employees are not to leave their assigned wor k area. K. Misuse of Time - Sleeping or other acts of inattention or neglect of duty. Unauthori~ed 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 commiting of unsafe acts in the use and care of County property or equipment. N. Il1egal 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 from which it could be inferred that the giver expected or hoped for preferred or favored treatment in an official or departmental matter. 9-2 . . 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. Very 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: L Disciplinary action is intended to correct improper conduct or deficiencies. 2. Discharge shall be resorted to only when sufficient other efforts to bring about correction have failed, or when the offense is sufficient in and of itself to warrant termination. 3. Disciplinary actions shall be severe enough to constitute a reasonable attempt to bring about correction. 4. Acceptable disciplinary actions shall be oral warning, written warning, written reprimand suspension, discharge, and in some cases demotion. 5. 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. When applicable, discipline for employees who commit multiple offenses of a like or different nature shall be more progressively stringent until the employee corrects the deficiency, and failing this, discharge is considered to be necessary. 6. 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 discharge actions must be approved by the Department Head and the Division Head and the letter' concerning the action must be forwarded 9-3 " immediately to the Personnel Section for review, and then approved by the County Administrator or his designee. 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 Division Heads 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 emRloyee's official personnel file within 15 days of writing. 9.08 DEMOTION When an employee's conduct demonstrates that he lacks the ability necessary for a position, that employee may be demoted. The Department Head, the Division Head and the Personnel Section must approve the action before it is implemented. A demoted employee shall be notified by his Department Head, or 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 deemes 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 I. An employee may be suspended with or without pay as a disciplinary action by the Department Head or Division Head with the approval of the County Administrator for a period of up to 10 working days. The employee must be notified in writing of the suspension period and citing the reason for the suspension. 9-4 2. An employee may be verbally suspended with or without pay by an immediate Supervisor for the balance of a workshift, or a longer period of time if needed until the Department Head can be contacted, if employee's conduct impairs normal working operations. The Supervisor must then report the incident to the Department Head, who with the approval of the Division Manager 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 imposed by the Department Head with the approval of the Division Head and the Administrator at that time. A copy of the suspension notification will be placed in the employee's official personnel jacket along with a written report containing all appropriate information concerning the action. 9.10 DISCHARGE L Sufficient documentation must be present to merit recommendation by the Department Head and the Division Head to the Administrator for discharge of any employee. 9.ll PROCEDURE FOR IMPOSING DISCIPLINE I. When the County receives information that an employee has engaged in certain conduct which could warrant disciplinary action, the employee will be advised, in writing, that disciplinary action could possibly be imposed against him/her. 2. The employee will receive a written statement of the charges including sufficient facts and reasons therefore as will enable the employee to make an explanation and/or defense. An employee against whom... disciplinary charges have been been made will remain in pay status until such time as the County Administrator renders his decision pursuant to paragraph 3 (C), below. However, nothing herein shall preclude the County Administrator, or other authorized personnel, from imposing immediate disciplinary action, without advance notice, where it 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 member or employee, or the general public. In such circumstances, the employee being relieved from duty 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. 3. An informal hearing will be scheduled by the Department Head or his designee. The hearing will be informal and will be conducted as follows: A. The Department Head or his designee will orally review the charges with the employee. The Department Head or his designee may consider any available documentation and may consider any available documentation and may discuss the charges with any witness he/she deems appropriate. B. The employee may be accompanied by a representative of his/her choice. The employee shall have the right to respond to the charge(s) made against him/her, either 9-5 orally and/or in writing. The employee may present documentation to the Department Head or designee and may, if appropriate, be permitted to call witnesses in support of his/her case. C. The Department Head or his designee shall render a final written decision within ten (10) calendar days after the hearing. The decision shall advise the employee of whatever action. if any, he/she is recommending to be taken against the employee. The Department Head's recommendation will be forwarded to the County Administrator through the appropriate Division Head. Disciplinary action becomes final when approved by the County Administrator. 4. Employees who are suspended without pay. discharged. given a reduction in payor 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. 9.12 POSSESSION OF WEAPON OR FIREARM 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 require the use or possession of a weapon or firearm, prior approval from the County Administrator must be obtained. 9.1J INDICTMENTS. PROSECUTIONS. ARRESTS .. It is the responsib1l1ty 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 has 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 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 conditl'on 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. 9-6 9.15 APPEALS A Career Service employee who has been suspended without pay, discharged, given a reduction in payor 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. . 9-7 EMPLOYEE COMPLAINT/GRIEVANCE PROCEDURE SECTION 10 10.01 COMPLAINT/GRIEV ANCES In the event an employee believes that the rules contained in this manual have been misapplied. he must utilize the following procedure. Failure of the grieving employee to strictly 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 I: The agrieved employee shall present his/her grievance orally to his or her Supervisor designated to handle such matters. Discussion will be informal for the purpose of resolving differences in the simplest and most direct manner, The immediate Supervisor shall consult with the Department Head, reach a decision, and communicate that decision orally to the agrieved employee within seven (7) calendar days from the date the grievance was presented to him or her. Supervisors are not empowered to make policy decisions. If the grievance is not resolved at this step, it shall be the responsibility of the agrievcd employee to reduce any grievance to writing within seven (7) calendar days of the date of the Supervisor's response. B. Step 2: If the grievance is not resolved in Step I, the employee shall reduce the grievance in writing, sign it, and present it to the Department Head. The Department Head shall confer with the .. immediate Supervisor and they shall attempt to obtain the facts concerning the alleged grievance, and within seven (7) calendar days of receipt of the written grievance. schedule a meeting with the employee. The Department Head shall notify the agrieved employee in writing of his or her decision, no later than seven (7) days after the meeting. c. Step 3: If the response from the Department Head is not satisfactory, the employee may present the grievance form to the Division Head, who may confer with anyone he/she deems appropriate to obtain the facts concerning the alleged grievance, and within seven (7) calendar days of receipt of the grievance, schedule a meeting with the employee. The Division Head shall notify the agrieved employee in writing of his/her, decision no later than seven (7) calendar days after the meeting. D. Step 4: If the response from the Division Head is not satisfactory, the employee may bring the grievance form to the Personnel Office, for scheduling 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 Division Head, will 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 actions to the County 10-1 Administrator. The decision of the council is not binding; final determination will be made by the County Administrator. E. Step 5: If the grievance has not been satisfactorily resolved in Step 4, the employee may forward the grievance to the Personnel Section within five (5) calendar days of the receipt of the Grievance Council's recommendation. The County Administrator or his designee shall meet with the agrieved employee within 14 calendar days after receipt of the grievance unless such time is mutually extended in writing. If an adjustment of the grievance is not reached at this meeting, the County Administrator shall furnish a copy of his decision to the agrieved employee within seven (7) calendar days after the meeting, unless 'this period is extended by mutual agreement. F. Step 6: This Procedure does not apply to an individual who has been suspended, discharged, reduced in payor demoted. Such individuals shall appeal in accordance to Section 9.15 hereof. G. Any complaint/grievance involving matters other than those that pertain to the rules and regulations contained in this manual may be addressed in writing to the Employee Grievance Council, via the Personnel Office, who will schedule the airing of the Grievance at the appropriate Council Meeting. The Council is empowered to call all necessary witnesses and make a recommendation concerning disposition to the County Administrator whose decision is final with no right to appeal. . 10-2 ," SEP ARA TIONS SECTION II 1l.0I 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 WISfilllg LU 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. 1l.02 LA Y -QFFS 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 layoff 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. ... 1l.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. 1l.05 EXIT INTER VIEWS 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 the Personnel Director by contacting the Personnel Office. The Personnel 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. II-I 'l' SOLICITING SECTION U U.OI SOLICITING L 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 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 except in those areas customarily open to the public or vendors. 4. Limited exceptions to the above rules may occur but only upon application to and approval by the County Administrator. 5. It is intended that the above rules shall be interpreted and applied in accordance with applicable law. ... 12-1 EMPLOYEE PERFORMANCE EVALUATIONS SECTION 13 13.01 POLICY All Departments shall follow the written procedures below in evaluating the performance of all employees on an impartial basis using standard evaluation forms provided by the Personnel Department. IJ.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. As a basis for taking disciplinary actions against the employee. E. To assist in determining the order of layoffs and reinstatements. IJ.03 PROCEDURES A. Each employee shall have his performance evaluated on a periodic _ basis, as follows: I. 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. Each new hire and each employee who has been given an origmal remstatement, promotion, demotion, or re- assignment appointment shall have his performance evaluated prior to the completion of six (6) months service in the position. J. The annual evaluation period shall be from May 1st through April 30th. Evaluations on all employees will be completed at the end of this period each year and submitted as part of the budget process. 4. New hires will be evaluated prior to completing 12 months of serVice with the County', and at least annually thereafter, in accordance with the evaluation procedures, 13-1 5. A Department Head may authorize an evaluation at any time he or she deems appropriate. 6. Each employee shall sign the form indicating they have reviewed the evaluation. 7. If an employee disagrees with an evaluation, he/she has the right to answer in writing. 8. 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 Jacket. B. If an employee receives a marginal or 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) deemed marginal or below satisfactory every thirty (30) days thereafter until: I. His/her performance has improved and is evaluated at least satisfactory; or 2. Three (3) months have lapsed without the employee receiving a rating of at least satisfactory. In such cases, appropriate action should be taken. c. After a rating has been finalized at all levels, the results of the performance rating shall be discussed with the employee, and upon request, he/she shall be furnished a copy of the completed rating, as well as any pertinent written material. ,.. 13-2 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. .. 14-1 TRAVEL SECTION 15 15.01 TRA VEL 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. Private use of individual vehicles for county business shall be reimbursed for travel mileage in accordance with Florida Statute Chapter 112. B. Individuals shall be entitled to per diem while on official travel in accordance with provisions contained in Chapter 112 of Florida Statutes, except the Board may authorize the reimbursement of actual expenditures where documented evidence is provided justifying actual expenses incurred. c. 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. D. All travel must have prior approval from the Department Head, the Division Head, and/or the County Administrator. .. 15-1 I .1' \ ;.... APPEARANCE SECTION 16 16.01 APPEARANCE AND PROPER ATTIRE All County employees should strive to be as neat and clean in appearance as possible. proper attire conducive to carrying out the functions of their respective positions should be worn by all employees. The Department Head will be responsible to insure that the appearance of his or her employees properly represents Monroe County in relation to their positions. Proper clothing and equipment needed to insure employee safety is required to be utilized at all times in accordance with the Monroe County Safety Policies. . 16-1