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Resolution 022-1973RESOLUTION NO. 22-1973 WHEREAS, the Board of County Commissioners of Monroe County, Florida desires to set up a resolution establishing rules, regulations and policies governing employment, compensation, working hours, vacations, sick leave, retirement, discharge and other personnel matters, and WHEREAS, said Board previously adopted Resolution 3-1965, concerning a resolution establishing rules, regulations and policies governing employment, compensation, working hours, vacations, sick leave, retirement, discharge and other personnel matters, now de- sires to cancel, annul, repeal and declare said resolutions void and of no force and effect, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1 - Scope It is the intent of the Monroe County Board of Commissioners, hereinafter termed "county board", to the extent permitted by the laws of the State of Florida, to establish a uniform county per- sonnel policy. These rules, regulations and policies shall apply to all employees of the county under the direct and indirect juris- diction of the county board. They are also applicable to the employees of separate boards and commissions which have been es- tablished by the county board or whose members are appointed by the county board to the extent that such rules, regulations and policies do not conflict with authorized rules, regulations and policies established by such controlling boards and commissioners. To insure uniformity and fairness to all employees, the county board urges all separate boards and commissions which have authority to adopt rules and regulations affecting personnel administration to make their policies conform as much as possible with the policies established by this resolution. The county board reserves the right to delegate certain functions of personnel administration to its representatives, when the board deems such delegation to be appro- priate and in the best interest of the county. Section 2 - Employment Applications Applicants for county positions shall apply in writing to the elected or appointed department head responsible for supervising the position desired. Application blanks shall be furnished by the county clerk. Section 3 - Medical Examinations New full-time employees shall be required to pass a physical exami- nation before employment. Such examinations shall be at the county's expense and shall be given by a licensed, qualified physician who may be designated by the county board. Chest x-rays, urinalysis and blood tests may be given if recommended by the supervising department head. Forms shall be provided by the county clerk, and shall contain a section on the applicant's health history. Infor- mation given thereon, as well as information given�to the examining physician by the applicant, must be accurate and complete in order for the applicant to qualify for employment, sick leave and other benefits. Section 4 - Probationary Period The first year of employment of an employee shall be regarded as a probationary period to be utilized for observing the employee's work, for securing the most effective adjustment of the employee to his position and for removing any employee whose performance does not meet the required work standards. Vacation and sick leave benefits shall accrue to the employee during the probationary period, but may not be used until after its completion. If employment is terminated during an employee's probationary period, no sick leave, vacation or other benefits shall be due him. Section 5 - Outside Work Outside work is to be regarded as secondary to regular county employment and shall not interfere with the availability of employees for emergency or call -in duty. Employees may not engage in any outside occupation, employment, or business which might hinder the impartial, objective or efficient performance of their public duties. Employees will not be allowed to engage in non - county work which could create a conflict of interest with their county employment. No employee shall be instructed or allowed to perform work for private individuals or other governmental agencies as part of his county employment except in those instances where such work is part of contract arrangements entered into by the county board with such private individuals or governmental agencies or in those cases where; under prior county board policy, -the employee is to give service in an emergency situation. Section 6 - Compensation Employees will be granted compensation increases only upon recommen- dation of the department head and concurrence of the county board. The county board will meet in June or July to consider compensation increases when they make their annual budget, but normally, the effective date for salary increases will be October 1, of each year unless otherwise required by law. At the discretion of the board, additional duties may justify pay increase during the year. Section 7 - Transfers Employees shall be authorized to transfer from one county department to another if the transfer is acceptable to the receiving county department head, and concurred in by the department head of the de- partment from which transfer is requested and by the county board. Whenever an employee transfers from one department to another, he shall carry with him to the new department any accumulated sick leave and vacation benefits as well as his longevity as a county employee for the purposes of earning vacation and sick leave. Such transfers shall not be regarded as permanent until a six month trial period has passed. The employee may use earned sick leave, vacation and other benefits during this six month period. If the work adjustment of the transferred employee is not regarded as satisfactory, the department heads involved may agree to the return of the employee to his former department. The relationship between employees in the department to which the transfer is to be made and the transferring employee as to longevity and job status will be considered by the board as a factor in approving or disapproving a request for transfer.. Section 8 - Working Hours and Overtime Pa The normal work week for county employees shall be 40 hours except in those departments where, because of the nature of the work, the board has adopted a different number of hours for the normal work week. All hours in excess of the normal work week hours shall be referred to as "overtime". Overtime shall be compensated for with compensatory time off to be computed on the basis of one hour off for each hour of overtime worked, except in those departments where separate arrangements have been made with the concurrence of the county board.for other treatment of overtime compensation. "Com- pensatory time off" shall entitle employees to receive credit for all hours in excess of the normal work week. This overtime can be used as time off at such time as it is mutually agreeable to the em- ployee and the department head or during periods of a shortage of work. This procedure is intended to permit the county to provide each permanent employee with continued and uniform compensation on a year round basis when possible, and to avoid interruptions in insurance and other benefits that would result from unpaid layoffs in departments with seasonal work requirements. Overtime shall be used as time off as soon as practical. Section 9 - Hol:days Holidays within the meaning of this policy shall include New Years Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Christmas Day, Good Friday, Thanksgiving Day and Veterans Day. When any one of these holidays falls on a Saturday or Sunday, the following work day shall be a holiday. Any other special holidays shall be granted at the discretion of the board. Section 10 - Annual Leave and Sick Leave I. Method of Earning Annual Leave: a. All full-time employees who are filling established positions shall earn annual leave as shown in the following table: Continuous and Creditable Service Up to 3 years (Through 36 months) Over 3 years Hours of Leave earned during each Calendar Month 6-2/3 hours per month (10 working days per year) 10 hours per month (15 working days per year) b. In applying the above table, it shall be determined that the employee has had both continuous and creditable service before the higher annual leave credits are granted. • C. Employees filling established positions on a part-time or hourly basis shal.l-earn annual leave in proportion to the time actually worked; pro- vided, the amount of annual leave earned during any calendar month shall not exceed that allowed for full time employees. d. Employees who work less than a full calendar month due to initial employment, termination, or leave of absence without pay after the first workday of the month shall earn annual leave for that month according to the following table: Calendar Days Service During Month Hours of Annual Leave Credit (Continuous & Creditable Service) 1 month to 3 years Over 3 years 1 through 10 0 0 11 through 20 3 5 21 or more 6-2/3 10 Any new employee who resigns prior to completion of six full months of employment shall not be granted annual leave credit. e. Annual leave earned during any calendar year shall be credited to the employee on the lst day of the following calendar year. f. During leaves of absence with pay, an employee shall continue to earn annual leave credits, except in the case where an employee is granted annual leave in conjunction with his resignation from County Service. In such cases, the -employee shall not continue to earn annual leave credits during his leave of absence. g. Each agency head should make every effort to insure that earned annual leave is used on a current yearly basis in order to provide employees with vacation and proper rest and relaxation. By following this practice, employees will not normally accrue annual leave in excess of that earned within a 12 month period. However, any annual leave un- used at the end of the year shall be carried for- ward, and in such cases, an employee may accrue a maximum of 30 workdays (240 hours) of annual leave. h. Any employee who accrues the maximum of 240 hours of annual leave shall discontinue to accrue additional annual leave credits on the date the maximum is reached. II. USE OF EARNED ANNUAL LEAVE a. As indicated, annual leave should be used to provide periodic vacation; however, earned annual leave may be used for any other purpose when authorized by the agency. b. Annual leave shall not be authorized or granted an employee prior to the time it is earned; and annual leave shall not be granted a new employee prior to the completion of 12 months of creditable service (except by approval of the Board). C. Upon reasonable notice, an agency head may require any employee to use any part of his accrued annual leave for vacation purposes at any time this is deemed advisable. III. TRANSFER OF EARNED ANNUAL,LEAVE a. An employee who moves from one County Agency to another County Agency shall be credited with his unused annual leave by the receiving agency. No payment for accrued annual leave shall be made when an employee is moving from one County Agency to another. IV. PAYMENT FOR EARNED ANNUAL LEAVE a. The only condition under which an employee can be paid for his unused annual leave is upon terminal separation from the county service after 6 months of satisfactory, continuous, and creditable service. b. An employee with 6 months of.satisfactory, con- tinuous, and creditable service who separates from the county service for any reason shall be paid for his unused annual leave as of the date of separation. Such payment shall be made at the employee's current rate of pay by the agency from which the employee terminates. C. In case of the death of an employee, payment for his unused annual leave at the time of death shall be made to the employees beneficiary, estate, or as provided by law. Such payments shall be made at the rate of pay at the time of death and by the agency in which he was last employed. d. Terminal leave payments due employees shall be determined as follows: 1. Determine the current hourly rate as follows: Current Annual Rate 2080 hours 2. Multiply the number of hours of unused annual leave by the current hourly rate. e. In no case shall an employee receive payment for his accrued annual leave in excess of 30 workdays (240 hours). SICK LEAVE 1. All County employees shall earn sick leave of 1 day a month during each calendar year. 2. Sick leave which is earned and not used during the year in which it is earned -shall accumulate" until there appears on the employee's sick leave account a credit of 90 days, such credit to be available for use in succeeding years. 3. Sick leave may be granted to employees when it is necessary for them to be absent during their regular tour of duty for medical, dental or optical examination or treatment. Such absence shall be limited to the actual time required. 4. Sick leave shall be granted to an employee when a member of his immediate family is afflicted with a contagious disease when.through exposure to such disease the presence of the employee on duty would jeopardize the health of others. (NOTE: "Conta- gious disease" means a disease ruled as subject to quarantine or requiring isolation of the patient by the health authorities having jurisdiction). S. Sick leave with pay may be .granted when application therefor is Imade by the employee immediately upon his return to duty and sick application is supported by a medical certificate or other acceptable evidence. Employees not.complying with the pro- visions of this section shall have such absence charged to annual leave or leave without pay if no annual leave is credited. 6. A person absent on sick leave for a period of 90 days shall be dropped from the rolls without pre- judice, if his illness is such that it will render him incapable of returning to duty. 7. Any employee of whom it shall be proved that he has abused his sick leave privileges shall be charged as a malingerer and forthwith dropped from the employ of the county. Section 11 - Leave of Absence Department heads may, with the concurrence of the county board, approve the absence of an employee without pay not to exceed 30 calendar days. Any absence of more than 30 days, whether with or without pay, shall be approved by the county board in advance. where appropriate the county board will grant an official leave of absence in order to preserve the employee's status as a public employee and his benefit rights under applicable retirement programs. Leaves of absence may be granted because of pregnancy on request of a department head and concurrence of the county board. Such leaves of absence shall commence not later than the beginning of the 8th month of pregnancy and shall continue after delivery for at least six weeks, but the total leave of absence shall not exceed four months. Employees shall be entitled to military leave as now or hereafter authorized by law to participate in National Guard or other military training. There shall be no loss of seniority, sick leave or vaca- tion rights during such leave. An employee shall receive his regu- lar pay, not to exceed 15 calendar days per year, while on such leave. where required by the nature of an employee's military ob- ligation, leaves in excess of 15 calendar days may be granted without pay- Leaves of absence without pay will be granted for military service in time of war, national or state emergency, as proclaimed by the proper federal or state authorities with reinstatement to be made at the expiration of such leave as now or hereafter authorized by law. Section 12 - Retirement The normal mandatory retirement age for all employees shall be 65 years of age. In special cases, the county board will grant work extensions to employees after the age of 65 on a year-to-year basis. Extensions will be granted beyond the age of 65 only when it is in the best interests of the county to do so. Extension requests will be dealt with on the basis of the fact in each individual case. Any employee requesting extension shall demonstrate physical, mental and emotional fitness to perform his work by way of yearly physical examination. Department heads shall be consulted, and any pertinent facts regarding the work performance of the employee requesting an extension of retirement age may be considered in determining dis- position of his request. Employees desiring a work extension past the age of 65 shall submit'the request in writing to the county board not less than six months prior to their 65th birth date. In the absence of approved'work extension, employees shall retire from employment not later than December,31, following their 65th birth date. Section 13 - Resignation Notice Employees wishing to resign in good standing shall give written notice not less than two weeks before such resignation shall be effective. Failure to give such notice may result in forfeiting all fringe benefits. Unauthorized absence of an employee for three consecutive work days may be considered by the department as a resignation of such employee. Section 14 - Dismissals No employee after having successfully completed his probationary period shall be dismissed from county employment without cause. Evidence of the following shall be sufficient cause for dismissal: (a) Incompetency or inefficiency in the performance of duties. (b) Physical or mental incompetency. (c) Any use of intoxicating beverages while on duty. (d) Conviction of a felony or gross misdemeanor or conviction of a misdemeanor or an ordinance violation involving moral turpitude. (e) Willful misconduct or insubordination. (f) Carelessness and negligence in the handling or control of county property or the appropriation of county property for his own use without adequate payment therefor. (g) Discourteous, insulting, abusive or inflammatory conduct toward the public, a fellow employee or fellow employees. (h) Absence from duty without just cause. (i) Acceptance of a gift under circumstances from which it could be inferred that the giver ex- pected or hoped for preferred or favored treat- ment in an official or department matter. (j) Proven dishonesty in performance of duties. • M 0 (k) Failure to pay or make reasonable arrangements for the future payment of just debts where such failure causes annoyance to county officers and employees or'brings discredit on the county. Section 15 - General Provisions (a) Records. Each department shall maintain an employee service record or an equivalent department record for each employee. It shall maintain a cumulative record of vacation time, overtime and sick leave accumulation as well as such time taken. Each department shall notify the clerk's office of all changes in permanent personnel including hiring and -terminations as well as change in address, insurance coverage, etc. Each department shall notify the county board of any substantial additions to or deletion of job duties or responsibilities affecting individual employees. (b) Safety. County department heads are to provide the safest working conditions possible. It is the duty of the department heads to establish safety regulations and to instruct employees in accident prevention. Employees are expected to adhere strictly to all safety requirements. Suggestions regarding safety will be welcomed from all employees. Whenever an employee is injured on the job he shall report the in- jury to his supervisor immediately. The supervisor shall first secure needed medical aid for the injured employee and then shall promptly file an accident report with the appropriate insurance carriers giving full particulars. (c) Public Relations. It is the duty of every de- partment head to instruct his employees to deal courteously with the public. Favorable impressions created by courteous public re- lations develop citizen goodwill and support for the employee, his department and the county as a whole. Any.disposition or demeanor indicating an attitude of discourteousness toward the public will be cause for disciplinary action or dismissal. (d) Garnishments. Neglecting to pay just debts is one form of dishonesty unless there are excusable, extenuating circumstances. Honesty is required of all employees. No employee shall allow his financial condition to deteriorate to such an extent that his creditors call on administrative personnel for assistance in debt settlement. Garnishments, executions and other legal pro- cedures as well as informal demands on personnel for assistance in collecting valid debts against employees cause needless loss of time as well as annoyance and inconvenience and reflects discredit on the county and other county employees. Justified legal procedures against employees because of failure to meet just debts will not be tolerated and will be considered cause for disciplinary action or discharge. (e) Non -Discrimination. The county board states as policy that personnel practices within the county shall conform to the provisions of claw relating to non-discrimination in employment. Department heads are expected to follow this policy in all hiring practices and in filling positions in their departments. (f) Retirement Plan. This policy shall not affect or impair the pension or retirement plans for county employees authorized and -required by law. (g) Jury Duty. Any employee who is called upon to serve on a jury shall receive the amount of his regular salary minus the amount paid for service as a juror. (h) Notice of Job Openings. The county board states as policy that in the interest of acquiring the best possible talent and skills available and to eliminate public criticism alleging favoritism in hiring practices, department heads are expected to make each job opening in the department publicly known -so that whenever possible all interested applicants shall have an opportunity to apply and be considered for the position. Such public notice of an opening must be given before a department head gives consideration to the hiring of a relative of himself, other supervisory personnel in his department or relatives of other county officials. Con- currence of the county board must be obtained before any such re- lative is hired. Such concurrence will not be granted unless the department head has shown that sufficient opportunity was provided for other interested persons to apply and that the relative he desires to hire is the best qualified among the applicants for the position. (i) Grievance Procedure. In the event any employee or applicant feels there has been conduct or procedure on the part of supervisory personnel or department heads which, in his opinion, violates the provisions of this policy or of laws applicable to his employment or application, he.shall submit his complaint directly to his immediate supervisor or, if an applicant, to the appropriate department head.. If the conduct or procedure of which he is com- plaining is not satisfactorily explained or rectified within a reasonable time thereafter by action of his supervisor or the de- partment head, the employee or applicant shall submit his complaint in writing, addressed to the county board, to the county clerk for presentation to the county board at its next meeting. The board will then take such action on the,complaint as it deems necessary and appropriate. (j) Notice of Injury to Public. Each employee shall report to his department head any instance of injury to the person or property of a member of the public as a result of operation of county property under his control. He is also expected to report any instance of injury to a member of the public arising from an incident on county property which comes to his attention. Upon passage of said resolution, all previous resolutions passed preceeding to, and in conflict with, are hereby repealed.