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Res No 240-11-13554
RESOLUTION NO. 240-11-13554 A Resolution approving and adopting the amended South Miami Personnel Manual. WHEREAS, the South Miami Personnel Manual provides consistent and equitable personnel policies and establishes workable guidelines for the implementation and administration of City policies for the South Miami employees; and WHEREAS, the administration recommends changes to the Manual to reflect changes in federal, state, and local laws; and WHEREAS, the recommended changes are also necessary to clarify employees' rights and responsibilities as employees; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1: The City of South Miami Personnel Manual is approved and adopted. Section 2: The Manual is attached hereto and incorporated by reference as if fully set forth herein. Section 3: The amended Manual is effective immediately upon the approval of this Resolution. PASSED AND ADOPTED this 20thlay of December; 2011. )2 CLERK CITY A r u_e Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: 4 -0 Yea absent Yea Yea Yea c� sour�g South Miami S AO•AMWcaft CITY OF SOUTH MIAMI 11111F � 1927 l O R:9P OFFICE OF THE CITY MANAGER zou, INTER- OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City ommission Via: Hector Mirabile, PhD, City Manager Prom: LaTasha Nickle, Human Resources Directo �^ Date: December 15, 2011 Agenda Item No.: Subject: Revised City of South Miami Personnel Manual Request: A Resolution approving and adopting the amended South Miami Personnel Manual. Reason/Need: The City rules and best practices require the regular review, evaluation and revision of the City's Personnel Manual (the "CPM") to ensure its accuracy, legal compliance, and application of equitable employment policies. After thorough review of the City's existing policies, as established in the CPM approved February 19, 2009, staff recommends the revisions and changes set forth in the attached proposed CPM. The proposed CPM contains a substantial number of revisions, including the re- organization of the policies into categories of related topics. Staff believes this change will assist employees in accessing information quickly. The policies in the CPM are designed to provide employees with information about the policies and procedures that affect their employment with the City. The rules and regulations set forth in the CPM provide consistent and equitable personnel policies and establish workable guidelines for the implementation and administration of City policies. The CPM complies with the most recent amendments to federal, state, and local laws related to labor and employment issues. Recommendation: Staff recommends approval of the CPM as provided in that it conforms to updated labor and employment laws, procedures and identified best practices. Backup Documentation: ❑ Proposed resolution ❑ Proposed Personnel Manual (final version) ❑ Proposed Personnel Manual (redline version) Personnel Rules and Regulations Table of Contents GENERALPOLICY ............................................................................................. ............................... 8 DISCLAIMER...................................................................................................... ............................... 8 SEVERABILITY.................................................................................................. ............................... 9 APPLICABILITY OF MANUAL ............................................................................ ............................... 9 ADMINISTRATiVE Dmcn VES .......................................................................... ............................... 9 1.0 Employment Procedures ................................................. ............................... 10 1.1 Equal Opportunity Employment Policy ......................... ............................... 10 1.2 Employment Eligibility Guidelines .................................. .............................10 1.2.1 Minimum Qualifications ................................................ ............................... 10 1.2.2 Employment of Relatives ............................................... ............................... 11 1.2.3 Re- Employment of Former Employees .......................... ............................... 11 1.3 Recruitment, Screening, and Appointment .................... ............................... 11 1.3.1 Vacancy Postings ...................... .... ................... .. .............................. ............. 11 1.3.2 Processing and Screening of Applications ..................... ............................... 12 1.3.3 Disqualification of Applicants ....................................... ............................... 12 1.4 Pre - Employment Testing and Background Checks. .... ............... . ..... .......... 13 1.5 Probationary Employment Status ................................... ............................... 13 1.5.1 Duration of Probationary Period .................................... ............................... 13 1.5.2 Dismissal During Probationary Period..._,. ................ ......... ............. ... - .... 13 1.5.3 Transfer During Probationary Period. ....... ...... ............. ........... ........ 13 1.6 Classified Employment Status ........................................ ............................... 14 1.7 Other Changes in Employment Status ............................ ............................... 14 1.7.1 Lateral Transfer .............................................................. ............................... 14 1.7.2 Direct Promotion ............................................................ ............................... 14 1.7.3 Interim Appointment ...................................................... ............................... 14 1.7.4 Demotion ......................................................................... .............................14 2.0 Employee Attendance and Leave ................................... ............................... 15 2.1 Work Schedules .............................................................. ............................... 15 2.1.1 Full time Employment.... ....... ..... __ .................. __ ........ ........ ..................... 15 2.12 Part -time Employment ................................................... ............................... 15 2.1.3 Breaks and Rest Periods.. ........... ................ .............. .... ........ .............. 15 2.1.4 Overtime Work Assignments ......................................... ............................... 15 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3 2.1.5 Reporting Overtime Work .............................................. ............................... 16 2.1.6 Compensatory Time ......................................................... .............................16 2.13 Emergency Closings ....................................................... ............................... 16 2.2 Accommodating Religious Observances ........................ ............................... 16 2.3 Outside Employment ...................................................... ............................... 16 2.4 Attendance and Time Keeping ....................................... ............................... 17 2.5 Holidays ............................................................................ .............................17 2.5.1 Holidays on Scheduled Work Day.. -- ................... -- ..... ............................. 17 2.5.2 Procedure for Observance of Weekend Holiday.. ..... --- ... — ....... . ............. 18 2.6 Annual Leave ................................................................. ............................... 18 2.7 Sick Leave ...................................................................... ............................... 18 2.7.1 Accrual of Sick Leave ..... .................. ..................... .................. :...... .............. 18 2.7.2 Accumulation of Sick Leave .......................................... ............................... 19 2.7.3 Use of Sick Leave .......................................................... ............................... 19 2.7.4 Reporting Sick: ............... ........................................... ............................... 20 2.7.5 Abuse of Sick Leave ...................................................... ............................... 20 2.7.6 Return to Work ............................................................... ............................... 21 2.7.7 Conversion of Sick Leave .............................................. ............................... 21 2.8 City Wide Shared Sick Leave Program .......................... ............................... 21 2.9 Family and Medical Leave Act (FMLA) ....................... ............................... 22 2.9.1 Requirements for Eligibility ........................................... ............................... 22 2.9.2 FMLA Qualifying Events ............... ... ............... ............................................ 23 2.9.3 Calculation of Leave Period ........................................... ............................... 23 2.9.4 Pay During FMLA Leave ............................................... ............................... 24 2.9.5 Continuation of Benefits: — ... ..................... ...... .......................................... 24 2.9.6 Reinstatement Rights ...................................................... ............................... 24 2.9.7 Procedures for Requesting Leave ................................... ............................... 25 2.10 Bereavement Leave .......................................................... .............................25 2.11 Military Leave ................................................................ ............................... 25 2.12 Domestic Violence Leave .............................................. ............................... 26 2.12.1 Determining eligibility ................................................. ............................... 26 2.12.2 Procedures ...................................................................... .............................26 2.12.3 Definitions ...................................................................... .............................26 2.13 Jury Duty /Civic Leave .................................................... ............................... 27 3 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 2.14 Leave Without Pay ........................................................... .............................27 3.0 Employee Standards and Practices ................................. ............................... 28 3.1 Employee Code of Conduct ........................................... ............................... 28 3.2 Customer Service Policy ................................................ ............................... 28 3.3 Employee Safety ............................................................. ............................... 28 3.4 Workers' Compensation Policy ...................................... ............................... 28 3.4.1 Injury Reporting Requirements ...................................... ............................... 29 3.4.2 Return to Work Program ................................................ ............................... 29 3.4.2.1 Eligibility for transitional/light duty ................ ............................... 29 3.4.2.2 Duration of Transitional Duty ......................... ............................... 30 3.4.2.3 Refusal of Transitional Duty ........................... ............................... 30 3.4.2.4 Outside Employment .......... : .............. ................... .......................... 30 3.5 Dress Code ..................................................................... ............................... 30 3.6 Use of City Equipment ................................................... ............................... 31 3.6.1 Internet Use Policy— ... ............... ....... --- ................ ............ --- ...... 31 3.6.1.1 Unauthorized Use ............................................ ............................... 31 3.6.1.2 Right of inspection ........................................... ............................... 32 3.6.1.3 Disclaimer of Liability... ............................ -- ......... ....................... 32 3.6.1.4 Responsibility of Employees ........................... ............................... 32 3.6.1.5 Security policy ................................................. ............................... 33 3.6.1.6 Social Networking Policy ................................ ............................... 33 3.62 Use of City Vehicle Policy ............................................. ............................... 34 3.6.2.1 Ownership and Privacy. ........ ......................................... ............ — 34 3.6.12 Purpose and Use .............................................. ............................... 34 3.6.2.3 Maintenance and Upkeep ................................ ............................... 34 16.2.4 Safety ............................................................... ............................... 35 3.6.2.5 Accidents and Theft ......................................... ............................... 35 33 Return of City Property .................................................. ............................... 35 3.8 No Smoking Policy ........................................................ ............................... 35 3.9 Drug Free Workplace Policy.... ......... ........................................................... 35 3.9.1 General Policy Statement ............................................... ............................... 35 3.9.2 General Prohibitions ....................................................... ............................... 36 3.9.3 Safe Harbor Provisions ................................................... ............................... 36 3.9.3.1 Provisions for Employees in Safety - Sensitive Positions ................ 37 11 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3 3.9.3.2 Provisions for Employees in Special -Risk Positions ...................... 37 3.9.3.3 Rehabilitation Program Requirements ............. ............................... 37 3.9.3.4 Testing Policy .................................................. ............................... 37 3.9.3.5 Pre - Employment Testing Policy ...................... ............................... 38 3.9.3.6 Random Testing Policy .................................... ............................... 38 3.9.3.7 Reasonable Suspicion Testing Policy... . ...... ............................... _ 38 3.93.8 Post - Accident Testing Policy.... ........................................ ............ 38 3.9.3.9 Return to Duty Testing .................................... ............................... 39 3.9.4 Drug and Alcohol Testing Of Commercial Motor Vehicle Drivers .............. 39 3.9.5 Refusal to Test ................................................................ ............................... 39 3.9.6 Drug or Alcohol Related Criminal Charges or Arrests .. ............................... 40 3.9.7 Medical Review Officer's Responsibilities Under Florida Law ................... 40 3.9.8 Challenge of Positive Drug Test Results ....................... ............................... 42 39.9 Rights under Collective Bargaining Agreements ........... ............................... 43 3.9.10 Confidentiality and Records Maintenance ................... ............................... 43 3.10 Workplace Violence Policy ............................................ ............................... 43 3.11 Anti- Discrimination and Harassment Policy .................. ............................... 44 3.11.1 Employment Discrimination Defined .......................... ............................... 44 3.11.2 Harassment Defined ....................................................... .............................44 3.11.3 Reporting Procedures ................................................... ............................... 45 3.11.4 Investigation Procedures.. ................................... ....................................... 45 3.11.5 Disciplinary Actions ....................... ........ ...... _ .... .. ...... .............. .............. .... 46 3.12 Anti - Retaliation Policy ................................................... ............................... 46 3.12.1 Complaint Reporting Procedures: .............. ......................... ................ 46 3.13 Political Activity ......... ......................................... ............ .....:............ ... ... ...... 46 3.14 Conflict of Interests ........................................................ ............................... 47 3.15 Authorized Use of City Name ........................................ ............................... 47 3.16 Solicitation ...............................:........................................ .............................47 3.17 Protecting Confidential Information.. ......... . ................................................ 47 3.18 Training and Professional Development ........................ ............................... 48 3.19 Adherence to City Charter .............................................. ............................... 48 3.20 City -Wide Emergencies /Reporting Procedures.. ...... .................................... 48 4.0 Performance Management .............................................. ............................... 49 4.1 Performance Planning .................................................... ............................... 49 3 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 4.2 Coaching and Counseling ......................................................................... ..... 49 4.3 Performance Evaluation ................................................. ............................... 49 4.3.1 Evaluations for Probationary Employees. ..... ...... ............................. — ........ 50 4.3.2 Evaluations for Classified Employees ............................ ............................... 50 4.3.3 Evaluations for Department Heads ................................ ............................... 50 4.4 Performance Improvement Plans ( PIP) .......................... ............................... 50 5.0 Classification Plan, Compensation Schedule, and Payroll Procedures......... 50 5.1 The Classification Plan ................................................... ............................... 50 51.1 Plan Administration and Maintenance ........................... ............................... 51 5.1.2 Use of the Plan ............................................................... ............................... 51 5.2 Job Descriptions ............................................................. ............................... 51 53 Compensation Plan ......................................................... ............................... 52 5.3.1 New Employees .............................................................. ............................... 52 5.3.2 Pay Rate Upon Promotion... .................... __ ......... - ................... ___ ......... — 52 5.3.3 Pay Rate Upon Transfer ................................................. ............................... 53 5.3.4 Pay Rate upon Demotion ................................................ ............................... 53 5.4 Merit Raises .................................................................... ............................... 53 5.5 Longevity Pay Plan ........................................................ ............................... 54 5.6 Payroll Procedures .......................................................... ............................... 54 5.6.1 Timekeeping Requirements ............................................ ............................... 54 5.6.2 Direct Deposit and Issuance of Checks .......................... ............................... 55 5.6.3 Payroll Deductions ......................................................... ............................... 55 5.6.4 Deductions from Pay of Exempt Employees.. ........................ ............. 56 5.6.4.1 Complaint Procedure ....................................... ............................... 57 5.6.4.1.1 Notification procedure... ............................................................. ............ 57 5.6.4.1.2 Investigation of complaint ................................................... .............................57 5.6.4.1.3 Non - retaliation ..................................................................... .............................57 5.7 Overtime Calculations and Pay ...................................... ............................... 57 5.8 Compensatory Time ....................................................... ............................... 58 5.8.1 Requesting Compensatory Time Off .............................. ............................... 58 5.8.2 Payment for Compensatory Time .................................. ............................... 58 6.0 Disciplinary Actions and Procedures ........... ............. ..... ...... .... ................... .. 58 6.1 Discipline Policy_ .................................... .................................................... 58 6.1.1 Verbal Warning .............................................................. ............................... 59 N CITY OR SOUTH MIAMI PERSONNEL RULES AND REGULATIONS F 6.1.2 Written Reprimand ......................................................... ............................... 59 6.1.3 Suspension ........................................................................ .............................59 6.1.4 Termination ...................................................................... .............................59 6.2 Disciplinary Guidelines Table ........................................ ............................... 60 6.3 Appeal of Disciplinary Action ....................................... ............................... 62 6.4 Grievances ........................................................................ .............................62 7.0 Termination of Employment for Non - Disciplinary Reasons ........................ 62 7.1 No Cause Termination..... ... ............... --- .............. ......... ........................... 62 7.2 Resignation ....................................................................... .............................62 7.2.1 Job Abandonment ........................................................... ............................... 63 7.3 Retirement ........................................................................ .............................63 7.4 Reduction in Force ......................................................... ............................... 63 8.0 Other Employee Benefits and Services .......................... ............................... 64 8.1 Group Health Insurance .................................................. ............................... 64 8.2 Group Life Insurance ...................................................... ............................... 64 8.3 Long -term Disability Insurance ...................................... ............................... 64 8.4 Voluntary Insurance... ... ..................... — ........ — ....... .................................... 64 8.5 COBRA Continuation Rights ......................................... ............................... 64 8.6 Retirement Plans. .... ... -- .............. ............. .............. ........ ........................ — 65 8.7 Educational Incentive Program ...................................... ............................... 66 8.8 Employee Assistance Program ....................................... ............................... 67 8.9 Employee Wellness Program ......................................... ............................... 67 8.9.1 Health Fair ...................................................................... ............................... 67 8.9.2 Flu Shot Clinic ............................................................... ............................... 67 8.9.3 Smoking Cessation Program .......................................... ............................... 68 8.9.4 Weight Watchers at Work Program ............................... ............................... 68 8.9.5 Bariatric Surgery Benefit .............................................. ............................... 68 8.9.5.1 Minimum Eligibility Requirements ................. ............................... 68 8.9,6 Walking Groups ............................................................... .............................69 8.9.7 Support Groups .............................................................. ............................... 69 DEFINITIONS............................................................................................... ............................... 70 F CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS GENERAL POLICY The City of South Miami Personnel Manual provides you with information about the policies and procedures that affect your employment with the City. The rules and regulations set forth in this manual provide consistent and equitable personnel policies and establish workable guidelines for the implementation and administration of such policies. These rules apply to all employees of the City and do not apply to elected and appointed officials, members of the boards and cormnittees appointed by the City Commission, consultants or Independent Contractors, and volunteers except as specifically provided herein. Employees who are members of a collective bargaining unit must also consult their respective Collective Bargaining Agreements, which may supplement and/or supersede some of the rules and regulations set forth herein. All employees are responsible for knowing and following the policies and procedures contained in this manual. Directors, managers, and supervisors are responsible to the City for ensuring that their employees adhere to the policies and procedures described in the Manual. Employees who violate any policy or procedure may be subject to disciplinary action up to and including dismissal from employment at the City of South Miami. If you have questions about the Manual or about any issues regarding your employment, you should consult your supervisor or the Human Resources Department. If any section, clause, sentence, or phrase of this manual is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this manual. This manual supersedes all prior handbooks and/or manuals. The Employee Manual is reviewed on an annual basis and submitted to the City Commission for approval and adoption in February of each year. The Human Resources Department distributes revisions or amendments to all City employees and posts an updated Manual on the City's web page. DISCLAIMER This Manual summarizes the various policies and benefits currently provided by the City. This Manual does not create or constitute an employment contract either expressed or implied between any employee and the City. Further, no statements or representations, whether written or oral, by any Director, manager, or supervisor shall create a contract without the express prior approval of the South Miami City Commission as set forth in a duly adopted Resolution or Ordinance. The City reserves the rights to modify, revoke, suspend, terminate, or revise the policies and procedures in this Manual in whole or in part, at any time, with or without notice. Employees shall be given notice of any revisions as set forth above. CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS SEVERABILITY Should it be determined that any federal, state, county, or city law is in conflict with any portion of this manual, only that portion of this manual shall be invalid and the remainder shall remain in full force and effect. Any gender specific references in this manual encompass both male and female employees. APPLICABILITY OF MANUAL This Manual contains the personnel rules and regulations applicable to all City Employees unless specifically modified by an applicable Collective Bargaining Agreement. Employees are individually responsible for reviewing the rules, regulations and expectations set forth in this Manual. Failure to review these rules is not an excuse of justification for the failure to comply therewith. The Manual will be provided to each employee and written acknowledgment of the receipt thereof must be submitted to the Human Resources Department. Employees are strongly encouraged to contact the Human Resources Department if they have any questions concerning any of the material included in this Manual. All forms referenced in the Manual may be obtained from the Human Resources Department. ADMINISTRATIVE DIRECTIVES The City Manager is authorized to issue detailed administrative regulations, not in conflict with these rules, for the purpose of clarification and to establish orderly administrative procedures. Updates or revisions to this Manual must be presented to the City Manager and City Commission for approval. Department Heads are authorized to issue rules, regulations and directives for the efficient operation of their respective departments, Such rules and regulations may be more restrictive than the regulations set forth in this Manual, but shall not be in conflict therewith. In the event of any such conflict, the Manual shall be controlling. All departmental rules shall be subject to review and approval by the Human Resources Director and the City Manager. All such rules, regulations and directives shall be issued in writing, made available to all departmental personnel and a copy thereof shall be provided to the Human Resources Department. CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 1.0 EMPLOYMENT PROCEDURES The City is committed to ensuring that it employs only the most qualified personnel for each position in the most equitable manner possible. The rules mud procedures set forth in this Policy ensure objectivity, consistency, uniformity and job relatedness through the design and implementation of appropriate personnel policies, procedures and practices that affect the equal employment opportunities of City employees and applicants for employment. The following procedures shall be used to fill vacancies in the City service. 1.1 Equal Opportunity Employment Policy The City of South Miami is an Equal Opportunity Employer. The City strictly prohibits discrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any term or condition of employment because of political or religious opinions or affiliations, or because of race, color, age, creed, sexual orientation, marital status, national origin or disability. The City's policy is to recruit, hire, train and promote into all job levels, employees and applicants for employment without regard to race, color, age, sex, national origin, religion, marital status, sexual orientation or disability. The City bases all such decisions on individual merit, qualification and competence as they relate to the particular position and promotion of the principles of equal employment opportunity. The City's commitment to equal opportunity applies to all facets of the employment relationship, including compensation, benefits and all other terms, conditions and privileges of employment. The City will make all employment decisions in accordance with principles of Equal Employment Opportunity. The City's goal is to ensure that all employees are able to work in an environment that is free from all forms of harassment based on race, color, age, sex, national origin, religion, marital status, sexual orientation, or disability. This policy strictly prohibits harassment in any form; all such acts will result in disciplinary action up to and including termination. The City also prohibits retaliation against any individual who has exercised any right protected by these rules and procedures and/or any federal, state or local law regarding Equal Employment Opportunity. Applicants and/or employees who have reason to believe their treatment is in violation of this policy should promptly submit a written statement of the facts and circumstances demonstrating the alleged violation to the Director of Human Resources, who is the City's official EEO Compliance Officer. 1.2 Employment Eligibility Guidelines 1.2.1 Minimum Qualifications Each applicant must meet the established minimum qualifications in order to be eligible for employment in the position. The Human Resources Director establishes the minimum qualifications necessary to perform the essential functions of each job in the City service; these qualifications are set forth on the official job description mud posted with each vacancy announcement. 10 CITY Or SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 1.2.2 Employment of Relatives The City permits the employment of more than one member of an immediate family in accordance with the following provisions: The Applicant is qualified for the position. 2. Such hiring does not discriminate against other candidates for the vacant position. No employee shall exercise direct supervision over persons related to him or her by family or marriage. For purposes of this policy, persons related by family or marriage are defined as any spouse, parent, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew, in -laws, and persons for whom the employee has been assigned legal responsibility in a guardianship capacity. 1.2.3 Re- Employment of Former Employees A former employee who separates from the City in good standing shall be eligible for re- employment in the City service. Such employee is a new employee for all purposes, including seniority and leave accrual and maximmn caps. No employee terminated from the City service for misconduct shall be eligible for re- employment. 1.3 Recruitment, Screening, and Appointment The City of South Miami avails itself of contemporary advertising services for the recruitment of the best possible candidates for its open positions. Recruitment activities are centralized in the Human Resources Department. Upon approval of the City Manager, all available vacancies and new positions are listed with the Office of Human Resources for posting. 1.3.1 Vacancy Postings The Human Resources Department will post each job announcement for a minimum of one (1) week for regular full -time and regular part-time positions. Job announcements may be distributed to.loeal area governments, schools, employment agencies, and other recruitment services as determined to be appropriate by the Human Resources Department and the hiring department. Consistent with its EEO status, the City only uses recruitment services that do not discriminate on the basis of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability. In cases of vacancies for promotional status positions, the position may be posted internally upon approval of the Human Resources Director and the City Manager. In such cases, the position shall not be required to be posted for the purpose of receiving applications from the public at- large, but shall be posted to City employees for the recruitment of qualified candidates. In such cases, an employee with meritorious service, which demonstrates an aptitude and ability to fulfill the requirements of the job, may be directly promoted to the vacant position. II CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 1.3.2 Processing and Screening of Applications The human Resources Department is the only department authorized to accept employment applications. All applicants must complete the City of South Miami Employment Application. In -house candidates interested in applying for a vacant position may submit an internal employment application form. Applications will only be accepted for open, posted positions. An application for an open position shall be considered active for ninety (90) days from the date it is filed or until the position is filled. A separate application is required for each position for which a candidate seeks to apply. Incomplete applications will not be considered. All qualified candidates will be considered for every position vacancy for which they apply. Applications for a position received after the published closing date will not be considered. If there are not sufficient qualified candidates at the closing date, the position may be re- opened and/or re- advertised at the discretion of the Department Director, after consultation with the Human Resources Director, The Human Resources Department will screen applications to identify applicants that meet the posted minimum requirements. The list of qualified candidates will be sent to the Department Director and/or selection conimittee for further screening and interview requests. 1.3.3 Disqualification of Applicants Applicants may be disqualified from consideration for employment for any lawful reason including, but not limited to, the following: The failure to possess the minimum qualifications for the job. 2. An unsatisfactory employment record and /or other record as evidenced by information contained on the application form or by the results of a background and /or reference check. 1 Incorrect, incomplete, false statements, or omissions of any material facts or deception in the application or during any other part of the selection process, including but not limited to interviews and background investigations, if appointed, such employee may be tenninated for this reason at any time. 4. Physically or otherwise unable to perform the essential duties and functions of the position with or without reasonable accommodation, in accordance with state and federal laws. 5. Ineligibility to work as determined by state and federal laws. 12 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 1.4 Pre- Employment Testing and Background Checks A pre - employment medical examination, drug screen and background check are required of all new employees. Upon making a conditional offer of employment to an applicant, the Human Resources Department will arrange the required examinations and screenings. A background check may include verification of employment, criminal history, and driving record. Some candidates may also be required to clear a credit check. All candidates must sign a confidentiality waiver authorizing the required verifications. Failure to satisfactorily clear the required pre - employment screenings will result in the withdrawal of the conditional employment offer. In the event that the candidate has started his employment when the City receives notification of the failure to meet pre - employment standards, such failure is grounds for the immediate termination of employment. 1.5 Probationary Employment Status All new employees, including employees promoted or voluntarily transferred to a new position within the City service shall be in probationary employment status. The probationary period provides an opportunity to orient and train the new employees in the work assignments, performance standards, and workplace conduct required in the new position. It permits Department Heads to observe the new employee's work, to train and assist the new employee in adjusting to their new position, and to screen out any employee whose performance does not meet required work standards. 1.5.1 Duration of Probationary Period The probationary period shall be for a period of one year. All probationary employees will be evaluated during the probationary period. The probationary period will be extended if employee utilizes extended leave by an amount of time equal to the amount of leave taken. Additionally, upon written request from the supervisor setting forth sufficient justification demonstrating that performance so warrants, the probationary period may be extended for an additional period not to exceed six (6) months. All probationary extensions must be pre - approved by the Human Resources Director and the City Manager. 1.5.2 Dismissal During Probationary Period Probationary employees are "at will" employees and may be terminated with or without a stated reason, with or without notice at any time during the probationary period. Any formerly classified employee in a probationary status as a result of a promotion or lateral transfer shall have the right to return to the position he or she held immediately prior to such promotion in lieu of termination, other than for cause, provided that the latter position remains vacant. The City shall have no obligation to create a new position or terminate any other employee, regardless of status, to accommodate said formerly classified employee. Any termination prior to the expiration of the probationary period shall be final, with no right of appeal. 1.5.3 Transfer During Probationary Period If an employee is transferred to another position in the same class and the same department prior to the completion of the employee's probationary period, the total time employed shall be 13 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS counted towards the probationary period. In a case of transfer from one department to another, the required twelve months probationary period shall begin at the date of transfer to the new department. 1.6 Classified Employment Status A full -time employee who has satisfactorily completed the probationary period shall be designated as a classified employee. Classified employees may be dismissed either at will (without cause) or for cause. An employee who has attained classified status shall have the right to appeal disciplinary actions involving loss of time and or pay in accordance with the procedures set forth herein. Classified employees may not appeal a termination without cause. Classified employees who are transferred at the initiation of the Department Director or the City Manager in the interests of the City (involuntarily transferred) are not required to serve a probationary period in the new position. 1.7 Other Changes in Employment Status 1.7.1 Lateral Transfer A lateral transfer is the re- assignment of an employee from one position to a substantially similar position within the same job classification and the same pay scale. In such cases, a transfer is considered lateral even where the employee receives a pay increase in the new position. A lateral transfer may be voluntarily initiated by the employee (i.e. the employee submits an internal employment application for an announced vacancy) or involuntary to accommodate the needs of the City (the transfer is initiated by appropriate supervisory personnel). 1.7.2 Direct Promotion In the event that a vacancy occurs within a Department which represents a promotion in classification and/or rank for departmental personnel, upon written request from the Department Head /Director and approval from the Human Resources Director and the City Manager, the position may be filled by Direct Promotion of an internal applicant with demonstrated experience and qualifications which support the promotion. 1.7.3 Interim Appointment An interim or acting appointment occurs when an employee is requested to temporarily fill a vacant position to carry out the duties and responsibilities thereof for a limited period of time. Typically, such appointments are for the sole purpose of carrying out essential functions until the hiring cycle is complete and a full -time employee fills the vacancy or brief absences due to vacation, illness or other short-term conditions. An employee who fulfills a position in a higher classification than his or her current position for more than 10 consecutive working days on an interim basis shall be paid additional compensation equal to 5% of his or her current salary. L7.4 Demotion A demotion is the re- assignment of an employee to a position within a lower classification and/or a lower pay scale. Demotion may be the most appropriate option where an employee's job performance in the current position is unsatisfactory and additional training and appropriate supervisory intervention has been unsuccessful in improving performance, but where the 14 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS employee demonstrates aptitude and ability to perform the essential functions of the job in the lower classification. Demotion necessarily results in the reduction of the employee's salary. A demotion may only take place upon prior written notification to the employee. The employee shall have the right to appeal the demotion in accordance with the appeal procedures set forth herein. 2.0 EMPLOYEE ATTENDANCE AND LEAVE Efficient operation of the City requires that all personnel report to work as scheduled and work diligently at their assigned tasks. Employees are expected to be on time daily and to remain at their assigned workstations throughout the scheduled working hours unless otherwise excused by the supervisor. Employees are responsible for managing their time and attendance in compliance with the Manual and any applicable departmental directives. Accordingly, employees who have a pattern of excessive absenteeism and/or habitual tardiness will be subject to disciplinary action, up to and including termination. 2.1 Work Schedules 2.1.1 Full time Employment All full -time employees are required to work a 40 -hour workweek, normally comprised of five (5) days of eight (8) hour shifts. The scheduled days and hours of work shall be assigned by the Department Director to serve the needs of the City. 2.1.2 Part -time Employment Part-time employees may be assigned to work up to a maximum of 32 hours per week as assigned. Part -time employees are not guaranteed any minimum number of work hours and shall only report to work as specifically assigned. The scheduled days and hours of work shall be assigned by the Department Director to serve the needs of the City. 2.13 Breaks and Rest Periods Employees who work an eight (8) hour day are provided with one un -paid one -hour lunch period. Employees who work a six (6) hour day are provided one unpaid thirty minute lunch period. During the Imich period, employees must be completely relieved of work - related duties and responsibilities. In addition to the designated Iunch period, employees may be allowed two paid (2) 15- minute breaks during the day; one break prior to the lunch period and one break after the lunch period. Break periods must be taken on City work premises. Rest periods and lunch periods are non - cumulative and may not be combined for purposes of extending the lunch period, arriving later to work, and/or leaving work earlier. 2.1.4 Overtime Work Assignments The City's established pay week begins at 12:01 a.m. on Monday and ends at 12:00 midnight the following Sunday. All non - exempt, full -time employees are paid on an hourly basis and as set forth above, the regular work schedule for such employees is forty (40) hours per pay week. Under extraordinary circumstances, such employees may be required to work additional hours during the pay week. All overtime work requires the prior approval of the supervisor. In such cases, the employee shall be compensated as provided in the Fair Labor Standards Act (FLSA). 15 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Department Heads are authorized to adjust an employee's work schedule to avoid assigning overtime. Non- exempt employees shall not work either before or after their scheduled hours of work unless they have obtained prior approval as set forth in the provisions of this policy. Violation of this policy is grounds for disciplinary action up to and including termination. 2.1.5 Reporting Overtime Work All overtime must be reported on the same date and time that the employee's regular work hours are reported for payroll purposes. Such report shall be made on the City's established Payroll Option Form or other means designated by the Human Resources Director. 2.1.6 Compensatory Time An employee who is otherwise eligible for overtime payment under the provisions of this policy may elect to receive Compensatory Leave Time in lieu of payment for overtime worked. In such cases, the employee shall indicate on the Payroll Option form, or other designated means, his or her desire to be credited with Compensatory Time rather than paid overtime. Compensatory time shall be given at the rate of one and one -half hour of leave for every hour of overtime worked. Employees may accrue a maximum of 120 hours of Compensatory time. 2.1.7 Emergency Closings In the event of an emergency situation which requires the cessation of normal City operations, employees will receive notification from the Human Resources Director that employees are excused from work. In such cases, all employees who have not been assigned duties related to managing the specific crises and / /or emergency situation shall cease work and report to a safe location. All full -time employees who are excused from their duties shall continue to be paid for the duration of the emergency. Part -time, temporary, and/or seasonal personnel who are unable to work as a result of the declared emergency will be paid for hours actually worked on the date of the City's closure, but will not be paid for hours not worked during the emergency situation. 2.2 Accommodating Religious Observances The City maintains a strict anti - discrimination policy and does not discriminate against employees on the basis of religion. Any employee who needs a workplace religious accommodation must submit a written request setting forth the accommodation requested, the dates of such accommodation, where applicable, and any other details deemed necessary to assist the City in determining how to reasonably accommodate the request. All reasonable requests will be granted, provided that the accommodation does not create an undue hardship and does not impact health and/or safety. 2.3 Outside Employment No full -time employee is permitted to work at an outside job, including self — employment, without the prior approval of the Department Head and the City Manager. Forms for approval of outside employment are available in the Human Resources Department and must be updated on an annual basis. Completed forms must be submitted to Human Resources for inclusion in the Personnel File. I CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 2.4 Attendance and Time Keeping The employee time and attendance record is the official record of attendance and hours worked; each employee must document all hours worked on a daily basis. Each employee must sign his or her time and attendance record at the end of the pay period. Such signature attests to the accuracy and completeness of the employee's time and attendance reflected therein. The employee is responsible for maintaining his or her time and attendance record. Employees are strictly prohibited from falsifying any time and attendance report (i.e. clocking in or out for a co- worker, altering hours worked, etc). Falsification of a tilne and attendance record is grounds for immediate tennination of employment upon the first occurrence. 2.5 Holidays The following days are holidays for all full -time employees in the municipal service: I . January 1 2. 3`d Monday of January 3. 3`d Monday of February 4. 4" Monday of May 5. July 4 G. 1" Monday of September 7. November 11 8 4`i' Thursday of November 9. Friday after Thanksgiving 10. '/2 day December 24 11. December 25 12. Birthday 13. 2 Floating New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Eve Christmas Day After I yr continuous service After 1 yr continuous service Additional days may be designated as "holidays" as authorized by the City Commission. Part -time employees shall not be entitled to Holiday Pay. Part-time employees will be paid for any hours actually worked on a holiday. Holiday pay shall not be counted as "hours worked" and will not be included in computing overtime in any pay period. Employees must be on active pay status and/or work their scheduled hours on the regularly scheduled working day immediately prior to a holiday and the regularly scheduled working day immediately following a holiday in order to be eligible to receive holiday pay. 2.5.1 Holidays on Scheduled Work Day Non - exempt employees who are required to work on their observed holiday shall be granted either an alternate day off or shall be paid for the holiday in addition to time worked on that day. 17 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 2.5.2 Procedure for Observance of Weekend holiday When a designated holiday falls on a Saturday, the Friday immediately preceding that Saturday shall be observed as the holiday if Saturday is not a regular workday of the department. If Saturday is a regular workday for the department, then Saturday will be observed as the holiday. When the holiday falls on a Sunday, the Monday immediately following. that Sunday shall be observed as the holiday if Sunday is not a regular workday of the department. If Sunday is a regular workday for the department, Sunday will be observed as the holiday. Exceptions to this rule may be made by the City Manager. 2.6 Annual Leave The City recognizes that time off is valuable and provides an opportunity for a period of rest and relaxation which promotes the overall well -being and increased productivity of its employees. Accordingly, all full -time employees shall accrue Annual Leave on the following prorated basis: Years of Uninterrupted Service Monthly Accrual Rate Amount of Annual Leave 1-5 8 hours 12 days — 96 hours 6-14 10 hours 15 days —120 hours 15-19 12 hours 18 days —144 hours 20 years or more 14 hours 21 days —168 hours Annual leave may be taken as earned by the employee subject to the approval of the Department Director. All requests for annual leave must be submitted in writing in advance. The Director shalt have the discretion to deny requested Annual Leave when such request conflicts with the needs of the Department and the City. Employees shall not be permitted to accrue Annual Leave in excess of the maximum cap set forth above. The minimum unit of Annual Leave that may be charged to a non - exempt employee is %2 hour. The minimum unit of Annual Leave that may be charged to an exempt employee is 4 hours. Annual Leave may not be used to "make up" time missed from work due to tardiness. An employee who separates from the City in good standing with accrued, but unused Annual Leave shall be paid for such Leave at the employee's current rate of pay. Such payment shall be issued at the time the employee receives his or her final paycheck. 2.7 Sick Leave Sick leave is a benefit provided to all full -time employees of the City to provide paid leave in the event that the employee is unavoidably absent from work due to illness, bereavement, pregnancy, medical or dental appointments and other health reasons. Sick leave may not be used to "make up" time lost from work due to tardiness for reasons not otherwise eligible for the use of sick leave. 2.7.1 Accrual of Sick Leave (a) Full -time employees shall accrue sick leave at the rate of one day of sick leave for each calendar month or major fraction of a calendar month of continuous service E CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS not to exceed twelve (12) days per year. If an employee's start date is on the first through fifteenth of the month, they will accrue one day of sick leave for that month. No sick leave will be accrued for the month if the employee starts after the fifteenth of the month. Sick leave will be paid at the employee's regular rate of pay. (b) Part -time, seasonal or temporary employees are not granted sick leave benefits. (c) No employee will receive credit toward sick leave accrual for time not actually expended on the job, except for designated holidays, vacation, sick leave, and other authorized leaves with pay. (d) Sick leave shall not accrue when an employee is on leave without pay for more than ten consecutive days. 2.7.2 Accumulation of Sick Leave (a) Employees hired after October 1, 1995, may accumulate sick leave without a maximum cap. Such employees will not be paid for unused sick leave upon termination of employment. (b) Employees hired on or before October 1, 1995, may accumulate sick leave without a maximum cap and, upon termination of employment, will be paid for any unused sick up to a maximum of 600 hours leave as follows: 0 to 5 years of service — 0 %; 5 to 10 years of service — 25 %; 10 to 15 years of service- 50 %; 15 to 20 years of service — 75 %; more than 20 years of service — 100 %. 2.7.3 Use of Sick Leave Sick leave is granted to employees when they are incapacitated from the performance of their duties at the City because of- a. The employee's own sickness or injury; b. Pregnancy or pregnancy - related complications of the employee or employee's spouse; a Serious illness or death in the employee's immediate family (mother, father, brother, sister, spouse, child, grandparent, or domestic partner (significant other) that requires the presence of the employee; d. Attendance at medical or dental examinations of the employee, employee's spouse or children; or e. Any reason that qualifies for Family and Medical Leave. 19 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Sick leave will not be granted to an employee who is not available for scheduled work because of a reason unrelated to health or medical needs as described in the policy. 2.7.4 Reporting Sick: 1. When the need for sick leave is unforeseeable, an employee requesting sick leave must give notice to his or her immediate supervisor (or as established in departmental regulations) no later than one hour after the scheduled start time. All reasonable attempts should be made to report such absence before the beginning of the scheduled work period for which the employee is requesting sick leave so that duties can be realigned in an orderly manner. 2. Where the need for sick leave is foreseeable, the employee should complete a leave request form in advance of the requested leave, indicating the reason for leave and the expected date of return. 3. An employee's failure to submit a leave request form or to notify his or her immediate supervisor will result in loss of compensation for the absence and may be grounds for disciplinary action, up to and including termination. 4. In all cases, an employee on sick leave is responsible for keeping his or her immediate supervisor informed regarding his or her anticipated return date. A certificate signed by a physician or other health care provider specifying the need for sick leave is required for all sick leave absences in excess of three (3) work days, and for absences of less than three (3) work days when the Human Resources Director and /or Department Head so directs. The City retains the right in all cases of reported illness to require the employee to be examined by a reputable physician of the City's selection at the City's expense. Failure to provide such documentation or to submit to an examination, when required by the City, shall result in the loss of compensation for such absence and may be grounds for disciplinary action, up to and including termination. 5. When an employee is on sick leave for more than three (3) consecutive days, the employee's department must notify the Human Resource Department in writing of the reason for the employee's absence. 6. Employees taking more than two (2) days of sick leave for reasons other than their own illness must obtain the specific approval of their Department Director, who will consult with the Human Resources Director. Employees taking leave for reasons that also qualify for Family and Medical Leave are required to also apply for and exhaust such leave. 2.7.5 Abuse of Sick Leave Abuse of sick leave includes, but is not limited to, using sick leave for a non - qualified reason; excessive use of sick leave; failure to follow appropriate procedure for timely requesting sick leave; failure to submit a doctor's note when required; or other failure to follow the spirit and 20 CITY OF SOUTH MIAMI PERSONNEL ROLES AND REGULATIONS directives of this policy. Abuse of sick leave will subject the employee to disciplinary action up to and including termination of employment. 2.7.6 Return to Work The City reserves the right to require an employee returning from sick leave to provide a statement from the treating physician releasing the employee to return to work. The employee shall be responsible for obtaining the release at his or her own expense. The City reserves the right to refer the employee for examination by physicians of its choosing at its expense for additional opinions concerning the employee's medical fitness to return to work. 2.7.7 Conversion of Sick Leave Employees who have not utilized more than thirty -two (32) hours of sick leave within a consecutive twelve (12) month period and who have a sick leave balance greater than 36 days (288 hours) shall be eligible to convert up to 4 days (32 hours) of sick leave to annual leave, provided that the employee retains a sick leave minimum balance of 288 hours. 2.8 City Wide Shared Sick Leave Program Occasionally, extraordinary and unavoidable circumstances may arise which render an employee unable to report to work due to an extended, non -work related illness or injury, and /or catastrophic circumstance. In such cases, where the affected employee has exhausted all paid leave time in his or her individual account, he or she may be eligible to request and use sick leave donated by fellow employees to remain in pay status during the absence. All such requests and donations must comply with the provisions of this policy. Requests to receive donated leave time must be completed in writing and shall specify the nature of the illness, injury and/or catastrophic medical emergency that requires the use of donated leave and the expected duration of the condition. The employee shall be required to apply and receive approval for Family and Medical Leave Act Leave ("FMLA Leave ") to be eligible to use shared leave under this policy. The employee's Department Head and the Human Resources Director must approve the request prior to review by the Sick Leave Donation Committee. In reviewing such request, consideration shall be given to the designated employee's previous leave history and the nature of the illness, injury, or catastrophic medical emergency. Request for use of Shared Sick Leave may be denied to employees with a history of excessive use of sick leave as determined by the Department Head, Human Resources Director and /or Sick Leave Donation Committee regardless of the nature of the illness, injury, or catastrophic medical emergency for which donated leave is requested. Upon approval of the leave application requests, the Human Resources Department shall notify all City employees of the need for donated sick leave and shall offer employees the opportunity to make donations to the Shared Sick Leave Bank. Sick Leave Donation forms are available in the Human Resources Department. All donations must be made freely and voluntarily by the individual employee. No employee may solicit or request donations under this policy except for authorized personnel from the .Human Resources Department. Any employee who makes a request outside of the provisions of this policy shall be subject to disciplinary action. Any employee who has received approval for use of shared sick leave who solicits or causes another 21 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS to solicit leave in violation of this policy shall have said approval revoked and shall be ineligible to submit a request under this policy for twelve (12) months from the date of such revocation. As donor forms are completed, they shall be forwarded to the Human Resource Department. Donated time will be credited to the absent employee, as needed. In the event of excess donations received but not used due to the employee's early recovery, resignation, retirement, or death, any unutilized, donated hours will be placed in a Sick Leave Bank Reserve to be utilized to fulfill future request. A maximum of 400 hours of donated leave time will be permitted per individual request. An employee may request donated sick leave once during a consecutive twelve (12) month period. Employees may donate up to a maximum of 80 hours of accrued leave per individual request. Time donated for this purpose will not be considered "sick leave used" during the performance- rating period. 2.9 Family and Medical Leave Act (FMLA) The City offers leaves of absence in accordance with the Family and Medical Leave Act of 1993 ( "FMLA ") and the FMLA expansion under The Support for Injured Service Members Act of 2007. All eligible employees shall be entitled to a maximum of twelve weeks of unpaid, job - protected leave during a twelve month period for qualifying reasons under the procedures set forth herein. Employees are eligible for up to 26 weeks of job- protected. leave in a 12 -month period to care for a service member who is injured or ill with an active duty service connected injury or illness. 2.9.1 Requirements for Eligibility To be eligible for FMLA leave, employees must meet the following requirements: a. Employed by the City for at least 12 months and have actually worked at least 1,250 hours during the 12 months immediately preceding the start of FMLA leave. Annual Leave, Sick Leave, or other authorized leave are not included in calculating the minimum hourly requirement. b. Except when leave is unforeseeable, the employee must provide the City at least 30 days advance notice of requested leave by obtaining and completing the Employee Request for FMLA Leave and Certification of Health Care Provider (available from Human Resources). In cases where 30 days notice is not possible, notice must be given as soon as practical. C. For leave involving the serious illness of the employee, spouse, child or parent, medical certification is required. Failure to provide advance notice and medical certification when required can result in leave being delayed for up to 30 days or being denied. d. When certification of a medical condition is required, the employee should ensure that the certification contains the date when the condition began; its expected 22 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS duration; a brief statement of treatment; a statement that the employee is unable to perform one or more specified essential functions of the employee's position or a statement that a covered family member requires assistance and that the employee's presence is required; and any other pertinent information. e. The City reserves the right to require a second opinion of any medical certification provided by a medical provider of the City's choice at the City's expense. If there is a conflict between the original certification and the second opinion, the City may require a third medical opinion. The third opinion will be final. 2.9.2 FMLA Qualifying Events FMLA Leave is intended for serious health conditions and specified family reasons. For purposes of this Policy, a serious health condition shall be defined in accordance with the FMLA. Employees with questions about whether specific illnesses, injuries, impairments, or physical or mental conditions are covered under this policy or under the City's Sick Leave Policy are encouraged to meet with the human Resources Director. In general, eligible employees are entitled to FMLA Leave for one or more of the following qualified family and /or medical reasons: a. Pregnancy, birth of a child, and to care for a newborn; b. Placement of a child through adoption or foster care and to care for the newly placed child; C. To care for an employee's seriously ill parent, spouse, or child under the age of 18. (A parent may also request time for the serious medical illness of a child who is older than 18 and `incapable of self-care because of a mental or physical condition."); d. When the employee's own serious health condition makes the employee unable to work; e. A covered family member's active duty or call to active duty in the Armed Forces (spouse, son, daughter or parent) in support of a contingency operation for the purpose of attending certain military events and related activities, arranging for alternative childcare, attending certain counseling sessions, attending post - deployment reintegration briefings and additional activities not encompassed in the other categories, but agreed to by the employer and employee; £ An employee is also eligible for a Ieave up to 26 weeks in a 12 -month period to care for a covered service member who is injured or ill with an active duty service connected injury or illness. 2.9.3 Calculation of Leave Period The 12 -month period during which the employee may take 12 weeks of FMLA leave is a rolling 12- month period starting with the date the employee first uses medical leave. Each time an employee 23 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS takes leave, the City will compute the amount of leave the employee has taken under this policy in the last 12 months and subtract it from the 12 weeks (or 26 weeks for the care of an injured or ill service member) of available leave, with the balance remaining being the amount the employee is entitled to take at that time. In certain cases, the City may authorize intermittent use of the twelve (12) weeks of family or medical leave. Employees wishing to use leave intermittently or to utilize a reduced workweek for FMLA purposes will need to discuss such use with the employee's Department Director and the Human Resources Director. In the event that intermittent leave is approved, the employee shall be required to notify his or her supervisor each time leave taken is for FMLA purposes. 2.9.4 Pay During FMLA Leave An employee must use any accrued Annual and Sick Leave during an approved FMLA leave. If an employee's accrued Annual and Sick Leave is exhausted but the employee is still eligible for additional leave under the FMLA, the remainder of the employee's FMLA leave will be unpaid. All leave time runs concurrently, with only a total of 12 weeks allowed under FMLA (or 26 weeks for the care of an injured or ill service member). Employees who are on approved FMLA Leave retain the right to apply for use of the Shared Sick Leave Program. Application and award of such leave shall be governed solely in accordance with the policies and procedures of the Shared Sick Leave Program, 2.9.5 Continuation of Benefits: An employee shall be entitled to maintain group health, dental, vision and supplemental insurance coverage on the same basis as if he /she had continued to work at the City. To maintain uninterrupted coverage, the employee must continue to pay his /her share of insurance premium payments. This payment will continue to be deducted from the employee's pay during periods of paid leave. If the employee's leave is unpaid, payment must made either in person or by mail to the Finance Department by the first day of each month. If the employee's payment is more than thirty (30) days overdue, the coverage will be dropped. for non - payment of premium. If the employee informs the City that he /she does not intend to return to work at the end of the leave period, the City's obligation to provide health benefits ends and the City may require the employee to reimburse the City the amount the City contributed towards the employee's insurance premiums during the leave period. If the employee contributes to any voluntary insurance plans, the City will continue making payroll deductions to cover premiums while the employee is on paid leave. While the employee is on unpaid leave, the City will request that the employee continue to make those payments, along with the other insurance premium payments. If the employee does not continue these payments, the voluntary coverage will be dropped for non - payment of premiums. 2.9.6 Reinstatement Rights Upon return from FMLA Leave, employees will be reinstated to their former position or to a position of equivalent status with equivalent employment benefits, pay, and other terms and conditions of employment, according to the provisions and limitations of the FMLA. CITY OF SOUTIi MIAMI PERSONNEL RULES AND REGULATIONS Key personnel as described by the FMLA may not be entitled to reinstatement to the same or equivalent position, particularly where restoration to such employment may cause substantial and grievous economic injury to the City. 2.9.7 Procedures for Requesting Leave Requests for FMLA leave must be submitted, in writing on the appropriate form, to Human Resources with required medical certification for approval or disapproval. The forms required to request FMLA leave are posted on the City website under the Human Resources Department section. Forms are also available in the Human Resources Office. Following confirmation that the employee is eligible for FMLA leave, the Human Resources Department will submit the form to the employee's Department Director for his / her approval. The fully approved form must be returned to Human Resources for appropriate recording of the FMLA leave period in the employee's personnel file. Please direct any questions regarding FMLA to Human Resources. While on leave, employees may be required to report periodically to the City regarding the status of the medical condition, and their intent to return to work. Employees will be advised. of any such requirement during their leave. 2.10 Bereavement Leave Leave with pay will be granted in the event accordance with the limitations set forth herein family includes spouse, domestic partner, grandchildren, step grandchildren, brothers, mother -in -law, brother -in -law and sister -in -law. of a death in employee's immediate family In For purposes of bereavement leave, immediate grandparents, parents, children, stepchildren, stepbrothers, sisters, stepsisters, father -in -law, A maximum of four workdays may be granted for a death in the immediate family. Two (2) additional days of leave may be granted if travel in excess of 250 miles is required. Proof of death in the immediate family in the form of a copy of the death certificate or published obituary must be provided with the approved leave form before compensation is approved. 2.11 Military Leave The City complies with the Uniformed Services Employment and Re- employment Rights Act of 1995 (USERRA). Full time employees are eligible for military Ieave without pay and have rights of re- employment and restoration of seniority, status and pay as set forth in USERRA. Leave may be granted for a period of two (2) years, or for such time less than two years that the employee remains in active duty military service. This time period is subject to extension as provided in USERRA. Employees who belong to the Florida National Guard or US Reserves are entitled to an annual paid leave of absence of up to seventeen (17) working days for required training, without loss of vacation and/or leave time in any one annual period pursuant to Florida Statute Chapter 115. 25 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 2.12 Domestic Violence Leave Any employee who has been employed for at least ninety (90) days and has actually worked at least three hundred and eight (308) hours and is a victim of domestic violence or who has an immediate family member who is a victim of domestic violence is eligible for up to thirty (30) days of unpaid leave from work in any consecutive twelve (12) month period to participate in activities resulting from an act of domestic violence. 2.12.1 Determining eligibility Covered activities include, but are not limited to, the following: a. Seeking a protective order; b. Obtaining medical care or mental health counseling to address physical or psychological injuries resulting from the abuse; C. Obtaining services from a victim- service organization, such as a domestic violence shelter or program or a rape crisis center; d. Making the employee's home secure from the perpetrator of domestic violence or seeking new housing or relocating to escape the perpetrator; e. Seeking legal assistance regarding the act of domestic violence; or f. Attending and/or preparing for court related proceedings arising from the act of domestic violence. 2.12.2 Procedures Except in case of imminent danger to the health or safety of the employee or of a family or household member, an employee seeking leave from work under this policy must submit a written request for leave for approval along with sufficient documentation of the covered activities related to domestic violence to the Director of Human Resources. Upon approval, the Director of Human Resources will notify the affected Department Head that the employee is approved for unpaid leave. Information relating to the employee's leave under this policy is strictly confidential and the reasons for such leave is exempt fxom disclosure except as required by law. Following approval of leave pursuant to this policy, all leave applications shall indicate "no pay leave" without the requirement of further explanation. Unauthorized disclosure of information in violation of this policy is grounds for disciplinary action up to and including termination of employment. 2.12.3 Definitions Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or 26 CITY OF SOUTH MIAMI PERSONNEL ROLES AND REGULATIONS any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. .Except for persons who have a child in common, the family or household member must be currently residing or have in the past resided together in the same single dwelling unit. Immediate family means spouse, domestic partner, grandparents, parents, children, stepchildren, grandchildren, step grandchildren, brothers, stepbrothers, sisters, stepsisters, father - in -law, mother -in -law, brother -in -law and sister -in -law. Victim means an individual who has been subjected to domestic violence 2.13 .fury Duty /Civic Leave Employees selected for jury duty will receive full pay for such leave, minus any compensation received from the court up two a maximum of two consecutive work weeks (ten days). Additional leave may be granted with approval of the City Manager. The employee must provide documentation from the Court verifying the dates of service, confirming the employees' attendance, and, if applicable, setting forth the amount of payment received prior to the leave approval and compensation. Employees who appear as a witness, plaintiff, or defendant due to a personal lawsuit or criminal charges must use annual or personal leave for any such absence from work or shall use unpaid leave. Sick leave may not be used as a substitute for other paid leave for purposes included in this policy. 2.14 Leave Without Pay Leave without pay may be granted for a period not to exceed six calendar months to enable an employee to receive professional or technical training which will improve his or her work skills. All requests for Leave without Pay are subject to prior approval of the City Manager. Upon return from Leave without Pay status, the City will make every effort to provide re- employment in the same position held prior to leave if the position is still available. If the position is not available, the employee may be placed in another job for which he or she is qualified if one is available. Nothing contained herein shall require the City to reinstate the employee. 27 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.0 EMPLOYEE STANDARDS AND PRACTICES 3.1 Employee Code of Conduct Employees shall conduct themselves in a professionally appropriate manner at all times. Behavior that is disruptive and/or interferes with the efficient operation of the City or any of its departments will not be tolerated. Failure to adhere to the Code of Conduct will result in appropriate disciplinary action, up to and including termination of employment. 3.2 Customer Service Policy The City recognizes that customer service and satisfaction is a high priority. Employees are expected to treat citizens, visitors, vendors, co- workers, and guest with the highest level of courtesy and respect. Employees are required to devote full efforts to resolving customer issues and to conduct themselves in a manner befitting the City of Pleasant Living. 3.3 Employee Safety The safety of every City of South Miami employee is a matter of prime importance. We consistently strive to keep the City a safe place to work. The City meets or exceeds all applicable State and Federal safety requirements. The City's comprehensive Safety Manual is provided in a separate document. In addition to the rules and regulations contained in the Safety Manual, each department shall communicate any specific departmental safety rules and regulations to its employees. Employees shall study all applicable rules and keep them for future reference in the same manner as the Personnel Manual Each employee is responsible for his or her safety and is required to comply with all workplace safety rules. Employees are required to exercise all reasonable care in the exercise of their duties to avoid potential injury to themselves, their fellow employees, and visitors to the City. Employees acting in an unsafe manner or failing to immediately identify, report, or correct unsafe conditions are subject to disciplinary action up to and including termination. In addition, employees who are injured in a work - related accident resulting from a failure to abide by the policies in the Safety Manual and/or established departmental safety rules and regulations may forfeit their entitlement to benefits in accordance with Florida's Workers' Compensation Statutes. Each employee is required to report to his or her supervisor, in writing, any unsafe conditions observed. Typical examples of unsafe conditions which should be reported include, but are not limited to, the following: wet or shppery floors; unlocked buildings /offices; equipment or furniture left in an unsafe manner; defective electrical wiring, lamps or outlets; broken windows; smoking in unauthorized locations; and objects obstructing entrances and /or exits. 3.4 Workers' Compensation Policy Florida's Workers' Compensation Laws apply to all City employees. The eligibility and entitlement to benefits for all on the job injuries are governed by the applicable Florida Statutes. Employees who must leave work on the day of the accident due to injury will be compensated CITY Or SOUTH MIAMI PERSONNEL RULES AND REGULATIONS for a full 8 -hours of regular pay. Employees who are temporarily totally disabled due to job injury and are unable to report to work as a result of such injury may be eligible for disability leave for a period not to exceed 90 days, provided that the employee is approved for lost time compensation under Workers' Compensation Law. Disability leave pay shall be computed on the basis of the difference between the regular straight time earnings of the employee and the benefits paid under the Florida Worker's Compensation Law for a maximum period not to exceed ninety (90) days per injury. 3.4.1 Injury Reporting Requirements All accidents that occur while on duty must be reported immediately to the employee's immediate supervisor and/or department head who shall forward the same to the Human Resources Department. The report of injury /accident must set forth the date and time of the accident; a brief summary of the occurrence; the . names and contact information of any witnesses; and whether the employee was utilizing required safety equipment at the time of the accident. Immediately upon report of the injury, the employee will be sent for mandatory post - accident drug and alcohol testing. In the event the accident occurs after hours, the Human Resources Department must be immediately notified via telephone of the accident. After -hours on -site testing will be authorized in such cases. Any employee who fails to immediately report a work place accident will be subject to appropriate disciplinary action, up to and including termination of employment. Employees failing to report injuries within one (1) hour from occurrence of such injury will be excluded from any disability leave pay benefit under this policy. Additionally, the employee may be disciplined for failure to comply with the workers compensation procedures. 3.4.2 Return to Work Program The City believes that it is in the best interests of the City and its employees to permit workers who sustain injuries during the course of their employment to return to work as soon as practicable. Therefore, the City makes every reasonable effort to accommodate bona fide functional limitations with transitional /light duty assignments. 3.4.2.1 Eligibility for transitional/light duty Employees are eligible for transition/light duty assignments if the following criteria are met: a. The employee sustains an injury or illness on the job; and b. The injury or illness causes the employee to be temporarily unable to perform the essential functions of his or her regular position with a reasonable accommodation, but does not cause the employee to be unable to perform work otherwise available at the City; and C. The employee's functional restrictions have been established by the authorized treating physician under the City's Workers' Compensation Managed Care policy; and 29 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS d. The transitional /light duty assignment complies with the established functional limitations. 3.4.2.2 Duration of Transitional Duty The employee will be assigned to perform transitional duty for a period equal to the employee's period of rehabilitation or for ninety (90) calendar days, whichever period is shorter. The ninety- day period may be extended upon a showing of substantial need, supported by medical certification indicating the expected duration of the need for transitional /light duty. Transitional /light duty assignments are not permanent positions. 3.4.2.3 Refusal of Transitional Duty An employee receiving workers' compensation benefits cannot refuse a transitional duty assignment unless supported by appropriate and current documentation from the employee's medical provider stating that the employee is unable to perforni.the transitional duty assignment or unless supported by a certification from a medical provider supporting FMLA leave. If the employee refuses a transitional duty assignment without such documentation, any workers' compensation benefits will be terminated as allowed by law, and the employee may be subject to disciplinary action up to and including termination from employment. 3.4.2.4 Outside Employment No employee is permitted to hold any employment other than employment with the City, including self - employment, while working in a light duty capacity with the City without obtaining prior written approval from the City Manager. Violation of this provision may result in reduction or loss of Workers' Compensation benefits as provided by law; ineligibility for disability leave pay; and appropriate disciplinary action, up to and including termination of employment. 3.5 Dress Code As public employees and representatives of the City of South Miami, employees are required to present themselves in a professional manner at all times when on City - business. While climate and custom permit casual work attire, employees must maintain a neat, clean and professional appearance. Employees are expected to exercise common sense and good judgment when choosing their work attire. The following guidelines are provided as a guide to help clarify what is meant by "acceptable" professional casual attire: a. Acceptable dress includes, but is not limited to, sweaters, blouses, skirts, business t -shirts aid slacks. Skirt length should be no shorter than 3 inches above the top of the knee. Professional style open -toed shoes are acceptable. b. Inappropriate dress includes, but is not limited to sweatshirts, tank tops, t- shirts, shorts, spandex items, tennis /gym shoes, stiletto heels (over 4 inches high), clogs, flip -flops, tight pants /tops, leggings, ripped, wrinkled, torn, bleached, faded or revealing clothing (i.e. low -cut blouses, see - through garments). CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS C. Traditional business attire may be required for certain meetings/presentations, either within or outside the City. For those required to wear a uniform, it must be clean, fresh and intact when reporting for duty and shall be in compliance with any departmental operating procedures. Damage to or loss of uniforms or any part thereof must be reported immediately to your supervisor. 3.6 Use of City Equipment The City of South Miami provides equipment for use by its employees as necessary to perform their job functions and provide efficient city services. All employees are required to use all City - issued equipment in a responsible manner for its intended purposes. 3.6.1 Internet Use Policy Computers, computer files, the e -mail system, and software furnished to employees are the City's property, intended for business use only and must meet standards as specified in this rule. Accordingly, this policy applies to all employees of the City who have been given access to the City's internet access And computer network. The City provides several information- sharing technical services including electronic mail, intranet and internet service, desktop support services, including network office automation file and print sharing. The primary purpose of the equipment and services is to support and enhance the research and information capabilities of the City and to encourage electronic communications and sharing of information resources within the City and the public at large. Employees do not have any expectation of privacy as to their use of City provided technology and equipment. Employees should not use a password, access a file or retrieve any stored communication without authorization. All use of the internet computer network, or other information sharing technology must be conducted in a responsible, efficient, ethical and legal manner. The employee bears the responsibility to inquire as to acceptable and unacceptable uses prior to such use. 3.6.1.1 Unauthorized Use Unauthorized internet and email usage includes, but is not limited to, the following: Violation of any laws, regulation, departmental or City policies, including State and County Codes of Ethics. 2. Using profanity, obscenity or other language that may be offensive to another person, including the use of the computer for threats, harassment, slander, defamation, obscene or suggestive images or offensive graphic images. The display of any kind of sexually explicit image or document is a violation of the City's policy on sexual harassment. Sexually explicit material may not be viewed, retrieved, archived, stored, distributed, edited, transmitted, accessed, or recorded using the City's network or computer resources. 4. Political endorsements or the sending of chain letters. 31 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 5. Installation of non - approved software. Only the City Manager or his designee may authorize the installation of software. All software installation must be done by or at the direction of the City's IT Department or consultant. 6. Transmission of any material in violation of federal, state or local law, ordinance, regulation or policy including unlawful or inappropriate communications as stated above, including, but not limited to, offensive, intimidating or embarrassing comments, jokes, slurs, insinuations, rumors or pictures based on race, sex, sexual preference, sexual orientation, religion, color, national origin, or disability. 3.6.1.2 Right of inspection City employees do not have an expectation of privacy in the use of City - issued computer devices, mobile telephone devices, and any other equipment with information sharing capabilities. All users are placed on notice that the City has software and systems in place that can monitor and record all Internet usage. All employees should be aware that the City's computer system is capable of recording each World Wide Web site visit, each chat, newsgroup or e -mail message, and each file transfer into and out of the City's computer network. The City reserves the right to inspect all files stored in private areas of the City's computer network in order to assure compliance with this rule. The City Manager and /or his designee may review the Internet activity and analyze usage patterns to assure that the City's Internet and computer resources are devoted to maintaining the highest level of productivity. E-mail messages made to, or received by City employees are maintained as public records and are subject to disclosure in the absence of exception as provided by Chapter 119 F.S. Users are cautioned that Florida's public records laws are broad in nature and that any email sent or received using the City's e -mail system may be subject to disclosure as set forth in the statute. Employees should not send any e- mail.messages that they consider personal and/or private in nature that they would not want viewed by persons other than the intended recipients. 3.6.1.3 Disclaimer of Liability The City is not responsible for material viewed or downloaded by users from the Internet. Users are cautioned that included among the massive amount of information on the Internet is offensive, sexually explicit and otherwise inappropriate material. In general, it is difficult to avoid coming into contact with some of this material on the Internet even when performing innocuous search requests. In addition, having an e -mail account may lead to receipt of unsolicited e -mails containing offensive content. Users accessing the Internet do so at their own risk and the City disclaims all liability. 3.6.1.4 Responsibility of Employees Employees are responsible for ensuring that their use of City provided computers, mobile devices, network, internet, email and other devices and technology comply with this policy. Inappropriate use and /or the failure to confirm with the standard of conduct established herein may result in disciplinary action, up to and including termination of employment. 32 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.6.1.5 Security policy While the City's ability to connect to the Internet offers potential benefits, it can also potentially provide significant risks to data and systems if City employees do not follow appropriate security discipline. City employees are required to insure the confidentiality of their respective passwords. In the event that an employee has reason to believe that his or her password has been compromised, he or she shall immediately report such suspicion to his or her supervisor and the City's IT department. 3.6.1.6 Social Networking Policy The City is aware that personal web sites and web " blogs" are prevalent methods of self- expression in our culture. The City respects employees' right to use these mediums during their personal non -work time using their personal, non -work equipment. This policy applies to all employees who make web postings that affect the City, its employees, contractors, vendors, or citizens. Employees who make anonymous web postings must also comply with this policy. As used in this policy, the term "web postings," includes, but is not limited to, personal websites, web "blogs," mutli -media and social networking websites (i.e. Paeebook, Twitter, Linkedln, YouTube, etc.), Wikis (i.e. Wikipedia), and any other web site where text can be posted. Employees are personally responsible for their web postings and solely liable for web postings found to be defamatory, harassing, an invasion of privacy, or in violation of any other applicable federal or state law. Employee web postings may not violate any of the policies set forth in the Personnel Manual or any departmental policy or rule. Employees that make web postings concerning the City must include a disclaimer to readers stating that the views expressed are the employee's alone and that they do not necessarily reflect the views of the City. Employees may not disclose any information that is confidential or proprietary to the City or to any third party that has disclosed confidential or proprietary information to the City. Employee web postings may not include any City logos or trademarks, and must respect copyright, privacy, fair use, financial disclosure, and other applicable laws. If a member of the news media contacts an employee regarding an employee's posting concerning the City, the employee must refer them to the City Manager's office for the requested information. Employees must uphold the City's value of respect for the individual and avoid making defamatory statements or disclosure of private facts about City employees, former employees, clients, contractors, vendors and /or citizens. 33 CITY OF SOUTH MIAMI PERSONNEL 12ULEs AND REGULATIONS Employees may not let web postings interfere with the employee's job performance. All web postings must be made during non -work hours on personal equipment. Violation of this policy may result in discipline up to and including termination. This policy will not be interpreted to restrict or interfere with any employee's federal or state labor law rights, free speech, or any whistleblower protections under federal or state law. 3.6.2 Use of City Vehicle Policy In the effort to promote efficiency and provide employees with the tools and equipment necessary to carry out the essential functions of their jobs, employees may be permitted or assigned to operate City -owned vehicles. Employees who operate such vehicles are required to operate the vehicles in a reasonably prudent manner. The rules set forth in this policy are intended as a guideline; employees are required to use common sense and good judgment in compliance with both the letter and the spirit of these policies. Operation and /or use of a City vehicle in violation of this policy constitutes grounds for disciplinary action up to and including termination. 3.6.2.1 Ownership and Privacy All vehicles and equipment are the property of the City of South Miami, which retains sole right to absolute control of all vehicles. There is no right to or expectation of privacy regarding City vehicles, assigned or not assigned. City vehicles are subject to periodic search and inspection for any and all purposes. Copies of all vehicle keys will be maintained by the motor pool in a secure location. Only authorized personnel will be provided keys to any City vehiicle. 3.6.2.2 Purpose and Use City vehicles are intended for use in connection with municipal business. Employees are prohibited from using City vehicles for personal use. Only the employee assigned to the vehicle or other specifically authorized persons shall operate said vehicle. Operators of City vehicles must possess and carry a valid Florida license for the class of vehicle they are operating. Employees may not transport any unauthorized passengers in any City vehicle. Employees shall not transport alcoholic beverages or unlawful drugs of any type in a City vehicle. Smoking is strictly prohibited inside any City vehicle. 3.6.2.3 Maintenance and Upkeep Employees are responsible for the proper care of their assigned vehicle and related equipment assigned to them. Employees shall be held accountable for the proper use, care and cleanliness of the vehicle (interior and exterior) and all equipment and tools assigned to the vehicle. Employees shall ensure that the vehicle they use is adequately fueled at all times. At the beginning of each tour of duty, employees assigned to City vehicles shall carefully inspect the vehicle to ensure that it is in serviceable and safe operating condition and is not damaged. This inspection shall include but not be limited to all safety and first aid equipment located in the trunk or storage compartments. Defects /and or damage shall be immediately reported to the employee's supervisor. Employees shall promptly report any mechanical problems to the Motor III CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Pool Supervisor or his or her designee. No accessories or equipment may be added to the vehicle without prior written approval of the Public Works Department and no unauthorized sticker, sign, apparatus or appendage may be affixed to the assigned vehicle. No fuel, oil, lubricant or additive may be added to the vehicle other than those authorized by the Motor Pool Supervisor. 3.6.2.4 Safety Drivers will conform to all state and local laws and regulations regarding traffic and parking and applicable standard operating procedures, whether on or off duty, while operating an assigned vehicle. Employees shall observe all safe driving practices and display proper courtesy at all times. The use of cell phones without a hands -free device while driving and operating a city owned vehicle is prohibited at all times. Employees experiencing any type of impairment or condition, which may adversely affect their safe operation of a motor vehicle, shall not operate any City vehicle. Employees shall use the safety equipment available to them in the operation of a motor vehicle. All persons shall wear seat belts when operating /occupying vehicles so equipped. No unauthorized firearm will be carried in the vehicle. 3.6.2.5 Accidents and Theft Any employee involved in a traffic accident while operating a City vehicle shall immediately report it to their immediate supervisor, the police department of the jurisdiction of occurrence, the South Miami Police Department, and the Human Resources Department. Accident protocols consistent with other workplace accidents shall apply to and be followed in cases of vehicular accidents. Any theft of a City vehicle or any equipment from an assigned vehicle shall be immediately reported to the immediate supervisor, the South Miami Police Department, and the Office of Human Resources. 3.7 Return of City Property Any employee separating from the City for any reason shall, prior to separation, return all City - owned property and equipment in his or her possession. The cost of replacing any items lost while in the possession of the employee may, in the City's sole discretion, be attributed to the employee as income on his or her final check. In such cases, the value of unreturned equipment may result in increased tax liability for the departing employee. The City expressly reserves the right to pursue all lawful action to collect the equipment or the value thereof from the employee. 3.8 No Smoking Policy All City of South Miami buildings and vehicles are designated non - smoking areas. Smoking is prohibited in any public building and City -owned vehicle. 3.9 Drug Free Workplace Policy 3.9.1 General Policy Statement The City is committed to providing a safe work environment for our employees, our guests, our community and the public. The abuse of alcohol and drugs is a national problem, which impairs the safety and health of employees, promotes crime, and harms our community. In order to 35 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS maintain the highest standards of morale, productivity, and safety in our operations, the City has established and implemented a drug and alcohol free workplace policy. The Policy applies to all employees, including part-time, seasonal and temporary workers. Any violation of the Policy will result in disciplinary action, up to and including termination of employment. This policy complies with the Florida Drug -Free Workplace Program, as provided in Section 440.101, et seq., Florida Statutes, and the applicable Administrative Rules, as amended. The Drug and Alcohol Workplace Policy and Work Rules require all employees to be free from the influence of illegal drugs and/or alcohol while working or while on City property (this includes, but is not limited to rest periods and lunch breaks). The use, possession, sale, distribution, or manufacture of any illegal drugs, and /or use of alcohol, while working or while on City property are strictly prohibited. 3.9.2 General Prohibitions All employees are prohibited from being at work or on City property, including parking lots, with the presence of any drug or its metabolite, as set forth herein, in the employee's body. Any employee who has a confirmed positive test of a drug or its metabolite will be presumed to be under the influence of the drug and in violation of City Policy, The City does not prohibit the use of a drug (prescribed medication) which has a currently accepted medical use, provided: 1. The drug is prescribed for the employee by a medical doctor for treatment of a bona fide medical condition; 2. Usage of the drug is consistent with the safe performance of the employee's duties; and 3. The drug is used at the dosage prescribed. It is the employee's responsibility to notify his or her supervisor when he or she has a valid prescription medication which may impair his or her ability to perform at work or when such prescription would cause the employee to test positive on a mandated drug screen. Employees in safety- sensitive or special -risk positions are required to provide their supervisor with such information. 3.9.3 Safe Harbor Provisions We recognize that alcohol and drug dependency require medical supervision and treatment for successful rehabilitation and recovery. Our desire and intent is to encourage any employee with alcohol or drug dependency to voluntarily enter a drug or alcohol rehabilitation program. Accordingly, an employee may voluntarily admit that he or she has a substance abuse problem. Employees who require assistance for substance dependency and related problems are encouraged to seek assistance and information from the Human Resources Department regarding the Employee Assistance Program. CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS No disciplinary action will be taken against an employee who self identifies under this "safe barbor" provision if the employee complies with all requirements of this section. Such employee shall be referred to the Employee Assistance Program for enrollment and participation in a bona fide substance abuse rehabilitation program. The employee shall be required to submit documented proof of the successful completion of the program. The employee will be subject to return -to -work and follow up testing, which shall include submission to random testing for a minimum of twelve (12) months and a maximum of twenty -four (24) months immediately following completion of the program. Once a violation of this Policy occurs, subsequent use of a counseling or rehabilitation program on a voluntary basis will not affect the determination of appropriate disciplinary action. An employee involved in a bona fide rehabilitation program may be eligible for a reasonable accommodation within the assigned Department or elsewhere within the City by placement in a non - safety - sensitive position, if such position is available and as set forth below. In the event that no such position is available, the employee may be entitled to leave under the Family and Medical Leave Act (FMLA) until completion of the program. Self- identification must be completely voluntary and will not be allowed after an employee has been notified to report for a drug screen, regardless of the reason for the testing. 3.9.3.1 Provisions for Employees in Safety - Sensitive Positions An employee in a safety - sensitive position who enters a substance abuse rehabilitation program will be assigned to a position other than a safety - sensitive position, or, if such a position is not available, will be placed on leave while the employee is participating in the program. The employee shall be permitted to use any accumulated sick or annual leave credits before leave will be ordered without pay. 3.9.3.2 Provisions for Employees in Special -Risk Positions An employee in a special -risk position is subject to discipline or discharge for the first positive confirmed test result if the drug confirmed is an illicit drug under Section 893.03, Florida Statutes. A special -risk employee who is participating in a substance abuse program will not be allowed to continue to work in a safety - sensitive or special -risk position, but may be assigned to a position other than a safety - sensitive position or placed on leave while the employee is participating in the program. The employee shall be permitted to use any accumulated sick or annual leave credits before leave will be ordered without pay. 3.9.3.3 Rehabilitation Program Requirements If the employee is offered an opportunity to enter into a rehabilitation program and refuses to do so, the employee will be immediately terminated. Employees entering a rehabilitation program under the provisions of this policy must satisfy all requirements of that program including any required after -care. Failure to successfully complete the rehabilitation program or a subsequent positive confirmed drug test will result in immediate termination. 3.9.3.4 Testing Policy In order to maintain a drug and alcohol free work environment and in accordance with Florida's Drug -Free Workplace Program, Section 440.101, et seq, Florida Statutes, as amended, and 37 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS applicable Administrative Rules, all City employees are subject to testing for the use of illegal drugs and unauthorized alcohol consumption as set forth below. 19.3.5 Pre - Employment Testing Policy All job applicants will be tested for the use of illegal drugs prior to beginning work and as a condition of employment. All such Drug Screens shall be conducted at a testing facility designated by the City at the City's expense. Any offer of employment for any position in the City's service shall be conditioned upon the candidate's satisfactory clearance of the drug screen. Any candidate who tests positive for the use of illegal drugs during the pre - employment testing shall be ineligible for employment and shall be deemed to have failed to satisfy the conditions of employment. Further, such candidate shall be ineligible for consideration for employment in any capacity in the City for a period of twelve months from the date of the failed Drug Screen. 3.9.3.6 Random Testing Policy The City recognizes that there are some positions in its service that involve safety - sensitive functions, require possession of a valid Commercial Driver's License (CDL), and /or require the operation of a City -owned vehicle as essential functions of the position. Employees fulfilling these jobs will be subject to random drug and/or alcohol screening. Eligible employees will be chosen based on a computer generated random sampling of employees within each group subject to random testing. All employees within each group shall have an equal chance of being selected each time a selection is made. Federal law and/or relevant collective bargaining agreements may set forth further restrictions or rules on random drug testing. Employees who test positive for the use of illegal drugs or the unauthorized use of alcohol shall be subject to disciplinary action, up to and including termination of employment. Further, failure of any such test shall be grounds for the employee's immediate suspension from active duty with pay pending final disciplinary action. 3.9.3.7 Reasonable Suspicion Testing Policy Supervisors who have a reasonable suspicion, based upon the observation of specific and objective facts, that an employee is under the influence of alcohol or drugs may recommend that the employee report for an alcohol and/or drug screen. In such cases, the supervisor shall contact the Human Resources Director and report his or her suspicion and the reasons therefore.. Upon confirmation of the existence of reasonable suspicion, the Human Resources Director shall require the employee to report to a testing facility designated by the City at the City's expense. Employees who test positive for the use of illegal drugs or the unauthorized use of alcohol shall be subject to disciplinary action, up to and including termination of employment. Further, failure o£ any such test shall be grounds for the employee's immediate suspension from active duty with pay pending final disciplinary action, 3.9.3.8 Post - Accident Testing Policy All employees will be subject to alcohol and drug screening following any on-the-job accident which causes bodily injury requiring medical attention or damage to property. All such accidents must be reported to the Office of Human Resources immediately upon their occurrence; such report shall be made not later than one (1) hour from the time of its occurrence. Accidents occurring outside of the City's primary hours of operation shall be reported by contacting the Human Resources Director via the designated after hours numbers. Upon receipt 1H CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS of any report of accident, the Human Resources Director shall arrange for testing by the City's designated testing facility, or via on -site testing as appropriate. Employees who test positive for the use of illegal drugs or the unauthorized use of alcohol shall be subject to disciplinary action, up to and including termination of employment. Further, failure of any such test shall be grounds for the employee's immediate suspension from active duty with pay pending final disciplinary action. 3.9.3.9 Return to Duty Testing Any employee who has been suspended, disciplined, and/or referred to a substance abuse rehabilitation program in accordance with this policy will be required to submit to alcohol and drug screening at the City's designated testing facility at the City's expense prior to being eligible to return to work. Following the employee's return to duty, the employee shall be subject to random alcohol and/or drug screening for a period of not less than twelve (12)months and not more than twenty -four (24) months. Employees who test positive for the use of illegal drugs or the unauthorized use of alcohol shall be subject to disciplinary action, up to and including termination of employment. Further, failure of any such test shall be grounds for the employee's immediate suspension from active duty with pay pending fmal disciplinary action. 3.9.4 Drug and Alcohol Testing Of Commercial Motor Vehicle Drivers In addition to the policies and procedures set forth above, City employees who are connected with the operation of commercial motor vehicles are subject to drug and alcohol testing as required by the Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. § 31306, and pursuant to all applicable procedures and regulations promulgated by the Department of Transportation and the Federal Highway Administration, as well as any additional policy adopted by the City pursuant to those federal laws and regulations. In cases where the requirements of both federal and state drug and alcohol laws and regulations and/or the City's Drug and Alcohol Free Workplace Policy may be applicable, the requirements of federal drug and alcohol laws and regulations will control if a conflict arises between federal law and regulations and the requirements of state law or the City's Drug and Alcohol Free Workplace Policy. 3.9.5 Refusal to Test The following behavior constitutes a refusal to test.under this policy: Failure to appear for scheduled testing and produce the required specimen within one hour of being notified to report without valid written documentation of a medical reason for the inability to test. • Engaging in any conduct that has the purpose, design, intent or effect of impeding the testing process. Such behavior includes, but is not limited to, tampering with urine or hair specimens, tampering with testing devices, and failure to provide adequate specimen for testing without valid written documentation of a medical reason for the inability to test. An employee's refusal to test shall be grounds for the immediate termination of employment. An applicant's refusal to test and /or failure to appear for testing as directed shall result in the 9:1 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS immediate withdrawal of the conditional employment offer. Further, said applicant shall be ineligible for employment with the City for a minimum period of twelve months from the date of the withdrawal of the conditional offer. An employee who refuses to submit to a drug test following an occupational injury which requires medical treatment forfeits his eligibility for all workers' compensation medical and indemnity benefits in accordance with Florida law. 3.9.6 Drug or Alcohol Related Criminal Charges or Arrests Employees are required to notify the Human Resources Department of any criminal drug statute or alcohol related criminal charge or arrest no later than five days after such charge has been filed. Employees in positions which require driving a City vehicle or a personal vehicle on City business must notify the Human Resources Department of any alcohol or drug related arrest (including but not limited to Driving while Under the Influence) on the next workday. The City will take appropriate action with respect to an employee who is so charged, which action may include transfer to another position and/or discipline. Employees are required to notify the Human Resources Department of the outcome of all criminal drug statute or alcohol related criminal charges no later than five days after any change in status of such charges. This includes notification of all final dispositions, including, but not limited to, a conviction, a plea of guilty, an adjudication of guilty, a plea of nolo contendre, an adjudication withheld, an acquittal, or a dismissal of the charges. The City will take appropriate disciplinary action against such employee within thirty days of receiving notice of the final disposition of such criminal charges. 3.9.7 Medical Review Officer's Responsibilities Under Florida Law The Medical Review Officer (MRO) shall fully comply with all of the requirements set forth in the applicable Administrative Rules. The MRO shall be a licensed physician, under contract with the City, who has knowledge of substance abuse disorders, laboratory - testing procedures, chain of custody collection procedures, and medical use of prescription drugs and pharmacology and toxicology of illicit drugs. The MRO shall review and verify drug test results prior to the transmittal of the test results, either positive or negative, to the City. The MRO shall evaluate the drug test result(s), verify the chain of custody forms and ensure that the donor's identification number on die laboratory report and the chain of custody form accurately identifies the individual. If the test results reported are negative, the MRO shall notify the City of the negative test result and submit the appropriate documentation to the ACHA. If the test results reported are positive, the MRO shall notify the employee or job applicant of a confirmed positive test result within three (3) days of receipt of the test result from the laboratory and inquire as to whether prescriptive or over - the - counter medications could have caused the positive test result. Within five (5) days after receiving written notification of the positive test result, the employee or job applicant may contest or explain the result to the MRO. If the •t CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS employee or job applicant's explanation or challenge is unsatisfactory to the MRO, the MRO will report a positive test result back to the City. Upon contacting an employee or job applicant who has received a positive test result, the MRO shall properly identify the donor, inform the donor that the MRO is an agent of the City whose responsibility is to make a determination on test results and report them to the City, and inform the donor that medical information revealed during the MRO's inquiry will be kept confidential, unless the donor is in a safety sensitive position and the MRO believes that such information is related to the safety of the donor or to the other employees. Additionally, the MRO shall outline the rights and procedures for a retest of the original specimen for the donor and process any employee's or job applicant's request for retest of the original specimen within one hundred and eighty (180) days of notice of the positive test result in another licensed laboratory selected by the employee or job applicant. The employee or job applicant who requests the additional test shall be required to pay for the cost of the retest, including handling and shipping expenses. The MRO shall contact the original testing laboratory to initiate the retest. Upon receipt of information and/or documentation from the employee or job applicant, the MRO shall review any medical records provided, authorized and/or released by the individual's physician, to determine if the positive test result was caused by a legally prescribed medication. If the donor does not have prescribed medication, the MRO shall inquire about over - the - counter medications which could have caused the positive test result. The donor shall be responsible for providing all necessary documeutation (i.e., a doctor's report, signed prescription, etc.) within the five (S) day period after notification of the positive test result. If the MRO determines that there is a legitimate medical explanation for the positive test result, the MRO shall report a negative test result to the City. However, should the MRO feel that the legal use of the drug would endanger the individual or others, then the MRO shall report that the test is negative due to a validated prescription and shall request that the individual be placed in a position which would not threaten the safety of the individual or others. If the MRO has any question as to the accuracy or validity of a test result or has a concern regarding the scientific reliability of the sample, the MRO may request the individual to provide another sample. As a safeguard to employees and job applicants, once an MRO verifies a positive test result, the MRO may change the verification of the result if the donor presents information which documents that a serious illness, injury, or other circumstances that unavoidably prevented the donor from contacting the MRO within the specified time frame and if the donor presents information concerning a legitimate explanation for the positive test result. If the MRO is unable to contact a positively tested donor within three (3) days of receipt of the test results from the laboratory, the MRO shall contact the City and request that the City direct the donor to contact the MRO as soon as possible. If the MRO has not been contacted by the donor within two (2) days from the request of the City, the MR.O shall verify the report as positive. 41 C1`TY OF SOUTH MIAMI PERSONNEL RULES AND RMULATIONS If the donor refuses to talk with the MRO regarding a positive test result, the MRO shall validate the result as a positive and annotate such refusal in the remarks section. If the donor voluntarily admits to the use of the drug in question without a proper prescription, the MRO shall advise the donor that a verified positive test result will be sent to the City. The MRO shall notify the City in writing of the verified test result, negative or positive, or unsatisfactory and appropriately file chain of custody forms to the City and submit the proper forms to the ACHA. 3.9.8 Challenge of Positive Drug Test Results An employee or a job applicant who receives a positive confirmed test result may submit information to the MRO contesting or explaining the results in writing within five (5) working days of receipt of notification of a positive confirmed test result. If the explanation or challenge of the employee or job applicant is unsatisfactory to the MRO, the MRO shall report a positive result back to the City. Within five (5) working days after receiving notice of a positive confirmed test result from the MRO, the City shall inform the employee or job applicant in writing of the positive test result, the consequences of such results, and the options available to the employee or job applicant. Upon request, the City shall provide a copy of the test result to the employee or job applicant. Within five (5) working days after receiving notice of a positive confirmed test result from the City, the employee or job applicant may submit information to the City explaining or contesting the test result, and explaining why the result does not constitute a violation of the City's policy. If the explanation or challenge of the employee or job applicant is unsatisfactory to the City, the City shall provide a written explanation within fifteen (15) days of receipt as to why the employee or job applicant's explanation is unsatisfactory, along with a copy of the report of positive confirmed test results. All such documentation will be kept confidential except as provided in Section 9, above, and will be retained by the City for at least one (1) year; An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug test was administered due to a workplace injury, by filing a claim for benefits with a Judge of Compensation Claims, pursuant to Chapter 440, Florida Statutes. If an employee or job applicant contests the drug test results, he or she will be solely responsible for notifying the laboratory and the City in writing by certified mail and provide a copy of the written notice, by certified mail, to the City. The notice must include reference to the chain of custody specimen identification number. An employee or a job applicant who receives a positive, confirmed test result may, at the employee's or job applicant's expense, obtain a retest of a portion of the original specimen at another licensed and approved laboratory selected by the employee or job applicant, within one hundred eighty (180) days of the notice of the positive test result. 42 CITY OF SOUTII MIAMI PERSONNEL RULES AND RCGULATIONS An employee or job applicant has the responsibility of notifying the drug testing laboratory of any administrative or civil action brought pursuant to Chapter 440, Florida Statutes. The test laboratory will preserve specimens of confirmed positive results for at least two hundred ten (210) days after the result was mailed to the MRO. If timely notified of such action, the testing laboratory will maintain the sample until the case or administrative appeal is settled. 3.9.9 Rights under Collective Bargaining Agreements Employees who are covered under any collective bargaining agreement between the City and any certified labor organization may have the right to file a grievance regarding discipline imposed by the City as a result of a violation of this policy if said grievance is permitted to be filed pursuant to the collective bargaining agreement. Such collective bargaining agreements may set forth further rules and/or restrictions regarding employee testing. 3.9.10 Confidentiality and Records Maintenance Confidentiality of records concerning drug testing pursuant to the Drug and Alcohol Free Workplace Policy will be maintained in accordance with Florida law. All information, records, and drug test results in the possession of the City, laboratories, employee assistance programs and drug and alcohol rehabilitation programs will be kept confidential. No such information or records will be released unless written consent, signed by the employee or job applicant, is provided or unless disclosure of such information or records is compelled by an administrative law judge, hearing officer, or court of competent jurisdiction. The City may also disclose such information when relevant to its defense in any civil, disciplinary or administrative hearing. The City will maintain records concerning drug testing separate and apart from a job applicant or employee's personnel file. Information on drug testing results will not be released in any criminal proceeding except as required by law. 3.10 Workplace Violence Policy The City of South Miami regards the safety and security of its employees and customers as one of its highest priorities. Accordingly, threats (direct or implied), threatening behavior, acts of violence, verbal or physical abuse, stalking, intimidation, or any kind of disruptive behavior or conduct which poses a threat or risk of violence will not be tolerated. Violence and threats of violence, as set forth in this policy, against an employee will not be tolerated whether such incidents occur on or off City property. Any employee engaging in such conduct shall be subject to appropriate disciplinary action, up to and including termination of employment and, where warranted, criminal prosecution. Any employee who is aware of conduct or statements that potentially violate this policy is required to immediately report the behavior to his or her Department Head or directly to Human Resources. Employees who may have witnessed conduct, received or heard statements that they regard as potentially violating this policy are required to report their observations. Employees should not attempt to determine whether the employee engaging in the conduct or making the 43 CITY OF SOUTH MIAMI PERSONNEL RULES A.ND REGULATIONS statement is "serious." The City regards any and all such statements or conduct with the utmost seriousness. No employee will be disciplined or otherwise retaliated against for making a factual report regarding conduct or statements which appear to violate this policy or for cooperating in any investigation arising from such allegations. 3.11 Anti - Discrimination and Harassment Policy The City of South Miami adheres to its equal employment opportunity policy in all aspects of the employment relationship. The City requires all employees to abide by the rules and procedures set forth in these policies. No employee, applicant, citizen, visitor, vendor, or other individual will be discriminated against based on. their race, gender, religion, color, national origin, disability, marital status, age, genetic information or sexual orientation. The City has a zero tolerance policy for all forms of discrimination or harassment. Therefore, the City prohibits discrimination against and harassment of individuals or groups based upon race, gender, religion, color, national origin, disability, marital status, age, genetic information, or sexual orientation. The City will not tolerate any form of offensive conduct that has the effect of severely interfering with an employee's work performance, severely interfering with a visitor's ability to transact his or her intended business, or creating an intimidating or hostile environment in violation of this policy. The City will not subject employees to adverse terms and conditions of employment which violate Title V1I of the Civil Rights Act of 1964 (Title VII), The Age Discrimination in Employment Act of 1967 (ADEA), Title I of the Americans with Disabilities Act of 1990 (ADA), and applicable state and local laws prohibiting employment discrimination. Acts of discrimination or harassment in the workplace or at City - sponsored events, whether such acts occur on or off City -owned property, are expressly prohibited. This policy applies to all terms and conditions of employment. Failure to adhere to this policy will result in appropriate disciplinary action, up to and including termination of employment. 3.11.1 Employment Discrimination Defined Employment discrimination refers to the disparate treatment of individuals or groups in the terms, conditions and benefits of employment based upon their membership in a defined protected class. Therefore, discrimination occurs when an employee suffers an adverse (negative) employment consequence because of his or her protected status. Terms and conditions of employment include, but are not limited to, hiring, promotion, disciplinary action, layoff, compensation, and termination. 3.11.2 Harassment Defined Prohibited harassment includes verbal or physical conduct that defames or shows hostility toward an individual or group because of their protected status that creates or is intended to create an intimidating, hostile, or offensive working environment, interferes or is intended to interfere with an individual's work performance or otherwise adversely affects an individual's employment opportunities. ., CITY OF SOUTH MIAMI PERSONNEL, RULES AND REGULATIONS Harassing conduct includes, but is not limited to: Epithets, slurs, negative stereotyping, or threatening, intimidating or hostile acts, which relate to race, color, religion, gender, national origin, age, genetic information, or disability. Written or graphic material that defames or shows hostility or aversion toward an individual or group because of race, color, religion, gender, national origin, age, genetic information, or disability and that is placed on walls, bulletin boards, or elsewhere on the Company's premises, or that is circulated in the workplace. 3.11.3 Reporting Procedures An employee who believes he or she has been discriminated against and/or harassed shall immediately report the occurrence to his or her department head, the Human Resources Director, or the City Manager. Under no circumstances shall the employee be required to submit a complaint to a party who is responsible for or involved in the suspected discrimination or harassment. The initial report may be made either orally or in writing. All oral complaints will be reduced to writing and the complaining employee shall be required to review and sign an accurate written account of his or her complaint. in the event that the employee refuses to reduce his or her complaint to writing, the recipient of the oral report shall document the date of the report, a summary of the facts, and indicate that the complainant declines to sign. A copy of the report of oral complaint shall be placed in the appropriate pre - investigation file. 3.11.4 Investigation Procedures All complaints under this policy will be investigated by the Human Resources Director or other individual designated by the City Manager. Upon receipt of the allegations, the accused party will receive notice of the charges and the impending investigation. He or she shall be entitled to review and receive a copy of the written complaint, to present evidence, statements and witnesses in his or her defense. The investigator shall interview and obtain relevant information from any and all persons who may have knowledge of matters relevant to the complaint or the rebuttal of the complaint. All witness statements are strictly voluntary. In addition to access to witnesses, the investigator shall be entitled to review all relevant sections of the personnel files of the complainant and the accused and any other available, relevant documentary evidence. Upon conclusion of the investigation, the investigator shall submit a written report of findings and recommendations to the City Manager addressing the allegations in the complaint. The investigation will be concluded within 180 calendar days of the receipt of the written complaint. This period may be extended by the City Manager for an additional 30 days, upon a showing of substantial need. The complaining party shall be provided written notification of any extension so granted. 45 CITY OF SOUTH MIAMIPER$ONNEL RULCs AND REGULATIONS 3.11.5 Disciplinary Actions The investigator's findings and recommendations will be reviewed and considered by the City Manager in determining the appropriate disciplinary action if the investigation reveals a violation of this policy. The City Manager shall impose appropriate disciplinary action, up to and including termination of employment. 3.12 Anti - Retaliation Policy The City of South Miami does not retaliate or discriminate against any of its employees or applicants because they oppose any act or practice made unlawful under federal, state, or local anti - discrimination laws or because they participate in any manner in an investigation, proceeding, litigation or hearing pertaining to federal, state or local anti- discrimination laws. Further, the City does not retaliate or discriminate against any employee because the employee has: 1. Disclosed, or threatened to disclose, to any appropriate governmental agency, under oath, in writing an activity, policy or practice of the employer that is in the violation of a law, rule or regulation; 2. Provided information to, or testified before any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer; 3. Objected to, or refused to participate in, any activity, policy, or practice of the employer that is in violation of such law, rule or regulation. 3.12.1 Complaint Reporting Procedures: Any employee who believes he or she has been the subject of retaliation should report the alleged act immediately, preferably within ten business days, to the Human Resources Director and /or the City Manager. An investigation and a written report of findings will be undertaken and completed within 180 calendar days. Any director, manager, supervisor or other employee who is found to have retaliated against another employee will be subject to appropriate disciplinary action, up to and including termination. Employees are cautioned that they may be terminated for violating the anti- retaliation policy even if the underlying allegations of discrimination are unfounded. 3.13 Political Activity City employees should be free to engage in political activities provided they are able to do so consistent with their obligations as an employee. Employees may not use their position as employees of the City to exert political influence of any type or kind. Employees are prohibited from engaging in any political activity that is prohibited by the ethics laws of the State of Florida and /or Miami -Dade County. Many kinds of political activities are consistent with effective service as an employee of the City. Such activities include holding part -time office in a political party or seeking election to any M CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS office under circumstances that do not interfere with an employee's availability to perform his or her job responsibilities including but not limited to those positions that do not require extensive campaigning, or serving by appointment or election in a part -time political office. Other kinds of political activity, such as intensive campaigning for elective office or serving a limited term in a full -time position, may require that the employee seek a leave of absence. Such leave may only be granted with prior written approval of the City Manager. 3.14 Conflict of Interests No employee shall: • Engage directly or indirectly in any business transactions or private arrangements for profit that arise from or are based upon his or her position or authority with the City. • Participate in the negotiation of and/or decision to award contracts, the settlement of any claims or charges in any contracts, the making of loans, or the establishing of rates, guarantees or other things of value with or for any entity in which he or she has a financial or personal interest. • Use or disclose any information obtained as a result of employment with the City, which is not generally available to the public, for his or her own personal gain or for the gain of others. • Use any City equipment, supplies or properties for purposes other than those designated and authorized by City policies and procedures. 3.15 Authorized Use of City Name The City's naive, its official seal and/or letterhead may not be used for personal correspondence, unapproved commercial activities, and /or any other use inconsistent with City policies and procedures. 3.16 Solicitation Distribution, canvassing and placing of signs and posters, chain letters, sales of tickets and/or merchandise of any kind for commercial purposes are not permitted by City employees on City premises during work hours. 3.17 Protecting Confidential Information City employees frequently have occasion to deal with information of a confidential nature. Employees are required to respect the confidentiality of information by not discussing it with anyone except as required in the performance of his or her job duties and/or as expressly required by applicable law, including but not limited to Florida Statute 119. 47 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.18 Training and Professional Development Training and professional development are considered essential for the improvement and efficiency of City service functions. Accordingly, employees are encouraged to participate in training and professional development opportunities related to improving their knowledge, skills, and abilities in their present position. Employees will be granted time to participate in these activities upon prior approval from the supervisor and /or department head. All approved training time shall be considered paid work time. The City may pay fees and costs associated with the attendance subject to availability of funds and prior approval of the department head and the City's Chief Financial Officer. 3.19 Adherence to City Charter All employees are required to adhere to the City Charter and all duly adopted Ordinances and Resolutions of the City Commission. Willful violations shall constitute grounds for disciplinary action, up to and including termination of employment. Employees who have reason to believe that a violation has occurred shall promptly notify his or her department head and /or the Human Resources Director in writing. Such statement shall identify the specific alleged violation, including a statement of the facts that lead the employee to believe a violation has occurred and the identities of the individuals suspected of committing such violation. Upon receipt of such notice, the Human Resources Director shall investigate all complaints and shall provide a written report of findings and recommendations to the City Manager within not more than 180 calendar days from the date the complaint is received. The City Manager shall make the final determination whether any employee has willfully violated the City Charter, Ordinance, or Resolution. 3.20 City -Wide Emergencies/Reporting Procedures When the City Manager has declared a city -wide emergency ( i.e. hurricanes, tornadoes, etc) employees of the City that perform essential services may be required to work as deemed necessary by the City Manager or his or her designee. During disaster operations, it is imperative that all personnel follow the guidelines outlined in the plan. In addition, all personnel should make advance plans for the safety of their families and personal property and be prepared to respond well ahead of the general public to the disaster threat. Personnel will report for duty during disaster operations as directed by the Department Head. All personnel called to duty shall be given a specific reporting time, allowing reasonable time to make arrangements for the safety of family and. personal property. Personnel may be recalled to duty based upon the type and severity of the emergency. Employees who fail to report for duty as directed may be subject to disciplinary action up to and including termination of employment. Personnel will be assigned to duties as outlined in the Hurricane Preparedness and Recovery plan or other applicable disaster management guidelines and shall not leave their assigned post unless relieved by the Department Head or other appropriate authority. CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Under emergency conditions City employees who are exempt from the overtime provisions of the Fair Labor Standards Act that are on duty in excess of forty (40) hours per week may be compensated above their regular salary at the direction of the City Manager. 4.0 PERFORMANCE MANAGEMENT The City is committed to fostering an environment that maximizes employee growth and development and promotes more efficient City services. In an effort to achieve this goal, the City enforces a comprehensive performance management process comprised of performance planning; ongoing coaching and counseling; and the performance evaluation process. 4.1 Performance Planning Supervisors shall establish measurable goals and objectives for the individual employees under their supervision which focus on his or her job description and the key objectives the employee must realize to be effective at his or her job and contribute to the success of the department in meeting the City's mission. These goals and objectives should be discussed with the employee on an annual basis during the evaluation period and throughout the year as needed. 4.2 Coaching and Counseling Coaching and counseling should be provided to employees on an on -going basis to assist employees and supervisors in identifying areas of particular strength and evaluating the need for performance improvement. A performance based coaching and counseling does not constitute a disciplinary action under these rules. 4.3 Performance Evaluation The Performance Evaluation documents how well the employee has met the expectations defined in the performance plan; allows employees an opportunity to do a self - assessment; provides both positive and critical feedback; provides motivation and encouragement for continued growth; and supports decisions to retain, promote or give pay increases, demote, or dismiss an employee for performance based reasons. An effective evaluation requires an honest, thoughtful assessment of an employee's efforts during the course of the evaluation period. It is an opportunity to praise the employee for the things he or she does well and provide an opportunity to improve on any areas of weakness. Therefore, all performance ratings must be supported by specific, objective facts. Performance evaluations shall be completed by the immediate supervisor on the City's approved Evaluation instrument. The immediate supervisor shall provide the draft evaluation to the Department Bead for review and approval. The Department Head shall forward the evaluation to Human Resources for review prior to discussion with the employee. The approved evaluation and any required. Performance Improvement Plan (PIP) shall be reviewed and discussed with the employee. The employee shall have the right to submit any comments and documentations he or she may have regarding the evaluation. The employee is required to sign the evaluation to show that he /she has read, discussed and received a copy of this document and any attachments. The employee's refusal to sign the evaluation will not invalidate the evaluation nor any resulting personnel action based upon the evaluation. 49 CITY OR SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 4.3.1 Evaluations for Probationary Employees All probationary employees shall be evaluated upon the completion of six months of service. This interim evaluation shall document whether the employee's current performance level is satisfactory, identify areas of needed improvement and additional training needs, and set performance goals which must be achieved for satisfactory completion of the probationary period. A final probationary evaluation shall be completed prior to the employee's one -year anniversary date and a recommendation shall be made whether to retain the employee, extend the probationary period, or terminate employment. 4.3.2 Evaluations for Classified Employees All classified employees shall be evaluated annually on their anniversary date. A current, performance evaluation is a prerequisite to personnel actions affecting employee status, position and or salary, including but not limited to any pay increase (regardless of the reason therefore); transfer, promotion, or demotion. A satisfactory performance evaluation does not guarantee that the employee shall receive any pay increase, including merit increases. 4.3.3 Evaluations for Department Pleads All Department Beads shall be evaluated by the City Manager annually on their anniversary date. Such evaluations shall be discussed with the employee. A current performance evaluation is a prerequisite to any pay increase, without regard to the reason therefore. A satisfactory performance evaluation does not guarantee that the employee shall receive any pay increase, including merit increases. 4.4 Performance Improvement Plans (PIP) Any classified employee who receives an overall performance evaluation which indicates that the employee has failed to perform at a satisfactory level, but which indicates that performance may be reasonably improved through effective performance planning shall be placed on a Performance Improvement Plan (PIP). A PIP maybe required by either the Department Head or the Human Resources Department based upon the Performance Evaluation. The PIP shall identify specific measurable goals and objectives related to the employee's job description which must be met within a specified time - period. Periodic review and evaluation of the employees progress are mandatory, An employee who fails to achieve the goals and objectives set forth in the PIP within the stated time shall be dismissed for inability to satisfactorily perform the job. 5.0 CLASSIFICATION PLAN, COMPENSATION SCHEDULE, AND PAYROLL PROCEDURES 5.1 The Classification Plan The City Manager shall approve a Classification Plan which provides a complete inventory of all positions in the City service. The Plan shall be based upon an analysis of the duties and responsibilities of each position. Each classification within the Plan will apply to one position or to several positions that perforin the same duties and require substantially similar knowledge, skills, abilities, and qualifications. The Plan shall be reviewed regularly and revised as needed. 50 CITY OF SOUTR lY1UNU PERSONNEL RULES AND REGULATIONS 5.1.1 Plan Administration and Maintenance The day -to -day administration and maintenance of the Plan is delegated to the Human Resources Director. Administration of the plan shall include allocation of all new and existing positions to appropriate classifications, preparation of recommendations for necessary amendments, and review and recommendations of requests for employee reclassifications. Maintenance of the plan includes: 1) Preparation of descriptions for new classifications as necessary. 2) Preparation of revised specifications for classifications when the duties or requirements have substantially changed. 3) Maintenance of current job descriptions 4) Recommendations for any revisions, additions and/or deletions to the Plan. 5.1.2 Use of the Plan The Classification Plan shall be used as follows: a. Classification titles, as set forth in the Plan, shall be used in all personnel, accounting, budget and financial records of the City. This rule is not intended to prevent use of "working titles" by departments to indicate areas of responsibility and authority. b. Job descriptions are to be interpreted in entirety and in relation to others in the Classification Plan. Examples given of work performed are not intended to be inclusive of all duties or restrictive to the performance of duties not listed. C. The job descriptions shall be used as a guide in recruitment efforts, in the preparation of any examinations that may be given to measure abilities needed to perform the work of a job classification, and to measure performance during probatiordammal evaluation. d. The Plan shall be used in determining lines of promotion and in developing employee training programs. e. The Plan shall be used in conducting wage surveys and as a basis for determining the pay range for each classification. 5.2 Job Descriptions The Human Resources Director is responsible for the maintenance of appropriate job descriptions for each position in the City's Classification Plan. Job descriptions are subject to periodic revision. Notice of the revision, including a copy of the updated job description, shall be provided to the affected employee, his or her immediate supervisor, and the department head. 51 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Bach job description shall contain the following components: I. Job Title 2. Department/Division 3. Supervisor 4. Approval Date 5. FLSA Status 6. Job Summary 7. Supervisory Responsibilities 8. Essential Functions 9. Additional Responsibilities 10. Physical Requirements (where applicable) 11. Knowledge, Skills and Abilities 12. Education, Training and Experience Requirements 5.3 Compensation Plan The City of South Miami Compensation Plan provides and orderly and equitable means for compensating employees on the basis of work performed and performance efficiency. The City Commission, with the adoption of the City's Capital and Operating Budget each fiscal year, shall approve the Plan. The ranges of pay for each class shall consist of a minimum rate, an appropriate number of intermediate rates, and a maximum rate from one (1) to six (6). Except as provided in the City's longevity pay plan, no employee may be paid any salary which exceeds the maximum for his or her classification. All employees must be paid on an established step on the approved compensation schedule. The City Commission must approve any deviation from the approved Compensation Plan. 5.3.1 New Employees New employee's will generally be appointed at the minimum of the pay range established for each classification. However, upon recommendation of the Department Head and the Human Resources Director, new employees may be hired at a rate above the minimum when the employee has substantial qualifications in excess of the minimum requirements or when there is a shortage of qualified applicants available at the minimum rate. 5.3.2 Pay Rate Upon Promotion When an employee is promoted to a position in a higher classification, the salary of the employee shall be increased at least to the minimum of the pay range for the new classification. An employee who has been working in a higher level classification and who has been receiving a 5% increase for such work, and who is promoted to that position, is eligible to retain the 5% increase. If the present salary of the employee to be promoted is at or above the minimum established for the promoted classification and coincides with the established pay scale, the employee's salary shall be increased by an increment of 5% above the present salary so long as it remains within the pay range of the new classification or as approved by the City Manager. If the previous rate does not coincide with a step in the new salary range and is within that range, the pay rate shall be adjusted to the next higher step, or as approved by the City Manager. An employee who receives a 10% wage increase 52 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS or more due to a promotion will be ineligible for a pay increase until one year from the date of the increase due to promotion. 5.3.3 Pay Rate Upon Transfer When an employee is transferred to a position within the same job classification and pay scale, the employee's salary shall, upon recommendation of the department head, subject to approval, remain the same or be increased by no more than one step (5 1/o) of the employee's salary in the previous position. If the present salary of the employee to be promoted is at or above the minimum established for the new classification and coincides with the established pay scale, the employee's salary shall be increased by an increment of 5% above the present salary so long as it remains within the pay range of the new classification or as approved by the City Manager. If the previous rate does not coincide with a step in the new salary range and is within that range, the pay rate shall be adjusted to the next higher step, or as approved by the City Manager. In the event the employee requests and receives a voluntary transfer to a position on a lower pay scale and the employee's rate of pay in the previous position exceeds the maximum rate established for the new class, the employee's salary shall be reduced to the maximum rate for the new position. In the event of an involuntary transfer for reasons other than a demotion, the employee's rate of pay shall remain the same in transfer. All such transfers require the advance written approval of the Chief financial Officer and the City Manager. 5.3.4 Pay Rate upon Demotion When an employee is demoted to a position in a lower classification and pay scale and the employee's salary exceeds the maximum pay for the new position, the employee's salary shall be reduced to the maximum pay rate in the new classification. When the employee's rate of pay in the previous class is less than the minimum rate established for the class of the new position, the rate of pay shall be the minimum for the class. If the previous rate does not coincide with a step in the new salary range and is within that range, it shall be adjusted to the next lower step in the new classification. When the employee's previous salary coincides with a step on the pay scale for the new classification, the employee's salary shall either remain the same or be reduced by one step based upon the recommendation of the department head as approved by the City Manager. 5.4 Merit Raises A classified employee may be eligible for a one -step merit pay increase in accordance with the compensation schedule at the end of each year of satisfactory continuous service. Salary step increases shall not be automatic, but shall be dependent upon a specific written evaluation which supports the proposed pay increase. If approved, the increase will be effective for the pay period on which the employee's annual review date falls. Merit increases are discontinued once an employee reaches the maximum step of any classification pay range. Under no circumstances should an employee be above their pay range; except in the case of longevity increase. An employee shall not be eligible for a merit increase until he or she has completed at least twelve months of continuous service with the City. All merit increases require approval from the City Manager. 53 CITY OR SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 5.5 Longevity Pay Plan The Longevity Pay Plan is intended to create an incentive to retain City employees and to reward employees for continuous, faithful, satisfactory service to the City. Longevity pay increases are awarded on the basis of such service as well as a sustained high level of job proficiency and meritorious achievement. There are three longevity pay steps designated in the City Pay Plan, (L -1), (L -2), (L -3). Each longevity pay will be three percent (3) % above the employee's pay step on the current City Pay Plan. Advancement to the first longevity pay (L -1), may be made when the employee has completed ten (10) years of continuous satisfactory service. Advancement to the second longevity pay (L- 2), may be made after completion of fifteen (15) years of continuous satisfactory service prior to the year of eligibility. Advancement to the third longevity pay (L -3) may be made after completion of twenty (20) years of continuous satisfactory service. In order to receive the Longevity Pay, the employee must have a current performance evaluation on file that reflects satisfactory performance. 5.6 Payroll Procedures The City of South Miami pays employees for hours worked and authorized paid leave. Employees are not entitled to payroll advances or to "cash in" accrued, but unused New Vacation Leave. In order to ensure the accuracy of each employee's pay, employees are required to comply with the policies and procedures set forth in this Manual. Failure to adhere to these rules may result in errors or delay in the employee's pay. 5.6.1 Timckeeping Requirements Federal and state laws require the City to keep an accurate record of the time worked by its non- exempt (hourly) employees to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties, whether before or after scheduled work hours. Non - exempt (hourly) employees may not report to their workstations and /or begin work more than 15 minutes before their scheduled start time and may not stay at their workstations more than 15 minutes after their scheduled stop time without prior express permission from their Department Head. All non - exempt (hourly) employees must accurately record time.worked on a time card, or by means established and approved by the City Manager for payroll purposes. Employees are required to record their own time at the beginning and end of each work period, including before and after the lunch break. Employees also must record their time whenever they leave the work site for any reason other than City business. 54 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Filling out another employee's time card, allowing another employee to fill out your time card, or altering any time card will be grounds for disciplinary action, up to and including termination. Any errors on your time card or in your paycheck should be reported immediately to your supervisor, who will attempt to promptly correct legitimate errors. 5.6.2 Direct Deposit and Issuance of Checks All employees are paid bi- weekly. Each paycheck will include earnings for hours worked through the end of the payroll period. If a regularly scheduled payday falls on a holiday, paychecks will be disbursed on the last workday before the holiday. Direct deposit is the City's primary method for issuing payroll payments to City employees. Employees must provide written authorization designating the financial institution and account number for the electronic deposit of funds via the City's Direct Deposit Authorization Form. This form is provided to all new employees upon hire and is available from Human Resources. The employee's direct deposit instructions will remain in effect until changed or canceled by the employee in writing. Electronic deposit of funds may be made to any financial institution in the United States. Direct deposit assures that an employee's net pay is deposited in their bank account(s) on payday even if they are sick, on vacation, or on leave because of inclement weather. Employees may elect to have their net pay distributed to multiple accounts by completing the appropriate authorizations. Employees who are unable to establish banking relationships, by special arrangement with First National Bank of South Miami, will be allowed to establish a limited banking relationship with no associated fees within limits set by the financial institution, regardless of credit history. 5.6.3 Payroll Deductions All deductions from your pay will be itemized on your check stub. Deductions required by law include deductions for applicable federal, state, and local income taxes, social security taxes, and Medicare. The. amount of the deductions may depend on your earnings and the information you provide on your W -4 tax form regarding the number of dependents /exemptions you claim. Any change in name, address, marital status, or number of exemptions must be reported to I-Fuman Resources as soon as possible, to ensure proper tax withholding and reporting. The City also offers benefits programs beyond those required by law. Eligible employees may voluntarily authorize deductions from their paychecks to cover the costs of participation in these programs. In addition to the deductions set forth above, the City will also make deductions from. pay as directed by Court Order in the form of a valid income withholding order, garnishment order, or as otherwise required by law. If you have any questions concerning payroll deductions or how they are calculated, please contact the Human Resources Department. 55 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 5.6.4 Deductions from Pay of Exempt Employees The City pays exempt employees under the Pair Labor Standards Act (FLSA) on a "salary basis," such that exempt employees will regularly receive each pay period a predetermined amount that is not subject to variation due to the quality or quantity of the work performed. Although exempt employees generally will receive a predetermined salary amount each pay period, the City, in accordance with the principles of public accountability, may deduct from that salary under the following circumstances: a. An exempt employee who does not perform any work for an entire work week is not entitled to be paid his or her salary for that week, although the employee may be permitted to use accrued benefits under the City's paid time off, vacation, sickness, or disability policy. b. An exempt employee who is absent from work for four or more hours in a work week for personal reasons may have his or her pay for that week reduced proportionately. The employee may be permitted to use accrued benefits under the City's paid time off or vacation policy to make up for this reduction in pay. C. An exempt employee who is absent from work for four or more hours in a work week because of sickness or disability may have his or her pay for that week reduced proportionately. The employee may be permitted to use accrued benefits under the City's paid time off, vacation, sickness, or disability policy to make up for this reduction in pay. d. An exempt employee who is absent from work during any work week because of jury duty, involuntary attendance as a witness at a trial or other legal proceeding, or temporary military leave will be entitled to receive his or her full salary for that week. The City may deduct from the employee's pay for any such week any amounts the employee received as jury fees, witness fees, or military pay. e. An exempt employee who violates safety rules of major significance may be suspended without pay for one or more full days in accordance with the City's policy on disciplinary action. f. An exempt employee may be suspended without pay for one or more full days for serious violations of workplace conduct rules in accordance with the City's policy on disciplinary action. g. An exempt employee in his or her initial or final week of employment may receive a reduced salary for that week proportionate to the number of days the employee actually worked. h. An exempt employee who takes leave under the Family and Medical Leave Act during a given work week may receive a reduced salary for that week proportionate to the number of days the employee actually worked. The employee may be pennitted to use accrued benefits under the City's paid time off, vacation, sickness, or disability policy to make up for this reduction in pay. 56 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 5.6.4.1 Complaint Procedure The City is committed to fully complying with the salary basis requirements of the FLSA. If an exempt employee believes the City has improperly reduced his or her salary for a particular work week or weeks, the employee should use the following procedure to seek correction of any potentially improper reduction: 5.6.4.1.1 Notification procedure Any employee who believes that the City has improperly reduced his or her salary for a given week should notify the Human Resources Director, in writing, immediately. Such notice should identify the payroll date or period when the reduction occurred, the amount of the reduction, and the reason (if any) for the reduction as indicated on the pay -stub. 5.6.4.1.2 Investigation of complaint The Human Resources Director will investigate all reports of improper salary reductions and will determine whether the salary reduction in question was justified. The Human Resources Director will communicate the results of this investigation to the employee in writing within a reasonable time after receiving the complaint. If the Human Resources Director determines that the City has improperly reduced the employee's pay, the City will pay the employee the full amount improperly deducted, less applicable payroll taxes, and will take all reasonable steps to ensure that such improper deduction does not occur again. If the Human Resources Director determines that the reduction in the employee's pay was justified, the employee may appeal that decision to the City Manager or his designee, who shall review the matter and make a final determination as to whether the City was legally justified in reducing the employee's pay. 5.6.4.1.3 Non- retaliation Neither the City nor any of its employees will take any action to retaliate against any employee who complains about an allegedly improper salary reduction or who assists or cooperates in the investigation of any such complaint. Notwithstanding the foregoing, any employee who knowingly makes a false complaint or provides false information regarding any such complaint may be subject to disciplinary action, up to and including termination of employment. The City is committed to ensuring that all of its employees receive all of the pay to which they are entitled and that no employee's pay is reduced without proper justification under the FLSA. All complaints will be taken seriously and will be fully investigated. If you have any questions, please contact the Human Resources Director for more information. 5.7 Overtime Calculations and Pay The City pays overtime at the rate of time and one -half of the employee's base hourly pay rate for all hours worked above 40 in a workweek by a non - exempt employee. Any paid hours that are not actually worked (i.e. sick leave, vacation, comp time, etc.) will not be counted toward the 40 hours required to receive overtime. 57 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Non - exempt (hourly) employees may not work more than 40 hours in any workweek unless specifically authorized by their department head prior to the commencement of the work. Violations of this policy will result in disciplinary action, up to and including termination of employment. 5.8 Compensatory Time As a political subdivision of the State of Florida, the City may authorize employees to accrue compensatory time off at a rate of one and one half hours for each hour worked in excess of 40 hours in a workweek. Compensatory time is in lieu of overtime compensation. All rules pertaining to allowable overtime work are applicable to work in exchange for compensatory time. Employees who are eligible to receive compensatory time must indicate that they are requesting compensatory time on the payroll option form or other designated method of requesting overtime payment. Employees may not accrue compensatory time in excess of 120 hours. 5.8.1 Requesting Compensatory Time Off Employees must submit a request to use Compensatory Time in advance of the anticipated absence. Such request shall be granted so long as the employee's absence does not unduly disrupt the department's operations. 5.8.2 Payment for Compensatory Time Upon termination of employment, an employee's accrued but unused compensatory time shall be paid at the employee's regular straight -time rate, or at the employee's average straight time rate during the three years immediately preceding the termination. 6.0 DISCIPLINARY ACTIONS AND PROCEDURES 6.1 Discipline Policy The City recognizes that all employees should have clear guidelines that will enable them to perform their duties with maximum efficiency and to fully understand and appreciate their rights and responsibilities as City employees. Any employee who violates these rules and regulations, or who otherwise. yiolates reasonable standards of conduct, is subject to discipline up to and including termination of employment. The guidelines below set forth specific kinds 'of disciplinary action that may be taken in response to employee misconduct. All disciplinary action will be considered on a case -by -case basis to determine the appropriate disciplinary action. When warranted by the facts, any disciplinary alternative, including termination, may be imposed for a first offense. This policy is designed to serve as a guideline that will enhance employees' understanding of the City's general discipline policy; it does not necessarily include all forms of employee misconduct that may occur and does not prescribe all forms of disciplinary action that may be taken. The City expressly reserves the right to impose discipline deemed to be most appropriate based upon the misconduct. W. CITY OF SOUTH MIAMI PERSONNEL RULES ANIn REGULATIONS 6.1.1 Verbal "Warning A verbal warning may be issued by any supervisor in the employee's chain of command. Verbal warnings are generally reserved for incidents where an employee has engaged in relatively minor forms of misconduct. Verbal warnings should be administered during an individual conference with the employee and should explain the nature of the violation and should stress the importance of future compliance with the rules, including a clear warning that continued violation will result in more severe disciplinary action. Supervisors should document all verbal warnings, but they shall not be made a part of an employee's permanent personnel file. 6.1.2 Written Reprimand Employees who persist in committing minor offenses for which a verbal warning has been previously issued or who commit more substantial forms of misconduct will be subject to a written reprimand. A reprimand is a written statement that contains a specific description of the conduct for which the employee is being reprimanded. The statement must also explain the importance of future compliance with the rules and regulations and include a clear warning that continued misconduct will result in further disciplinary action, up to and including termination of employment. Reprimands may be initiated by any supervisor in the employee's chain of command. The written statement shall be reviewed in person with the employee. Upon conclusion of the conference, the employee must be asked to sign the statement to acknowledge that it has been received and discussed. In the event that an employee refuses to sign, the signature of one witness other than the supervisor shall be sufficient to confirm receipt and discussion. One copy of the reprimand must be given to the employee, while another copy must be placed in the employee's personnel file. 6.1.3 Suspension A suspension without pay is imposed upon an employee for repeated misconduct which previously resulted in a verbal warning and /or reprimand or for initial misconduct that is more serious than that for which a warning or reprimand are appropriate. Suspensions may range from a minimum of I day to a maximum of 10 days. A suspension is initiated. in writing to the employee and must contain specific statements relating to the misconduct or inadequate performance for which the employee is being suspended. It must also indicate the effective date upon which the suspension begins and the effective date upon which the employee is to return to active service. The time covered by the suspension must cover working days. As with other forms of disciplinary action, the notice of suspension must explain the importance of future compliance with the rules and regulations and include a clear warning that continued misconduct will result in further disciplinary action, up to and including termination of employment. 6.1.4 Termination Termination for disciplinary reasons may only be initiated upon recommendation of the employee's department head or the City Manager. Termination of employment for disciplinary reasons is reserved for the most severe workplace misconduct or for those instances where other, less severe actions have failed to encourage the employee to.conform his or her behavior to the expected standards. Termination of employment for disciplinary reasons may occur as a result of one of the following three patterns: 59 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS (a) The employee has engaged in major misconduct involving, but not limited to, those forms of misconduct which are listed in the Disciplinary Guidelines Table in Section 6.2 of this manual and which call for termination for the initial offense or for successive offenses. (b) The employee has failed to meet satisfactorily the terms of a disciplinary probation. (c) The employee has within a 12 -month period either received three written reprimands or been twice placed on suspension. 6.2 Disciplinary Guidelines Table The table that appears below provides a guideline that identifies some of the most common forms of employee misconduct and the specific kinds of disciplinary action that may be taken in response to such employee misconduct. ?employees are cautioned that this table is only a guideline; the City reserves the right to impose discipline in accordance with the individual facts and circumstances of the offense which may be more severe than indicated below. This table is not an exhaustive list of all possible forms of misconduct. Any behavior that violates accepted nouns of workplace conduct and/or discredits the City shall constitute grounds for appropriate disciplinary action. .! CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS City's drug - free workplace policy Termination Use or possession of Termination Wasting time or loitering another . property 1 lu 1 e Li,a permission property or funds Termination Violation of any safety m Carelessw&rtr negligence Verbal Warning 1 i ObSrtraet'ng City Suspension violations) , operations required time and Reprimand attendance record Removal of ���€ City property 1 �ryF�� premises without t _ City property Termination Wasting time or loitering Verbal Warning Use of City facilities for personal use Termination Theft of any City property or funds Termination Violation of any safety Verbal Warning rule or safety practice Speeding in a City vehicle (Ticketed & traffic Suspension violations) Failure to complete required time and Reprimand attendance record Reprimand I Suspension I Termination Reprimand I Suspension I Termination Termination Suspension 61 Termination CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 6.3 Appeal of Disciplinary Action Classified employees shall have the right to appeal any disciplinary action which imposes a suspension without pay of more than five working days or termination of employment. In order to appeal from such action, the employee must submit a written request for appeal to the Human Resources Director within three business days of notification of the recommended disciplinary action. The Human Resources Director shall conduct an informal hearing regarding the proposed action within ten (10) days of receipt of a timely request for appeal and shall issue a written decision affirming, revoking or modifying the action taken. Upon approval by the City Manager, the Human Resources Director's decision shall be deemed final. 6.4 Grievances The right to grieve any action shall be governed by the employees' Collective Bargaining Agreement. Employees do not have the right to file any grievance except as expressly provided in such Agreement. 7.0 TERMINATION OF EMPLOYMENT FOR NON - DISCIPLINARY REASONS 7.1 No Cause Termination The City is an at -will employer. An employee may be dismissed. from the City service when, in the discretion of the City Manager, the dismissal is deemed to be in the City's best interest. However, no employee shall be dismissed as a result of illegal discrimination, harassment, retaliation, or other reasons expressly prohibited by law. 7.2 Resignation An employee may voluntarily resign his or her employment by submitting written notification to his or her Department Head stating the intent to resign and the effective date of the resignation. Employees are requested to provide as much advanced notice as possible to assist the City with its transition planning. The employee or the Department Head must submit a copy of the notice of resignation to Human Resources. 62 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 72.1 Job Abandonment The City requires employees to be present at their assigned works stations as scheduled unless excused. Failure of employees to report to work or to report the inability to perform in a timely manner unduly disrupts the City's operation and goal of providing efficient service. Therefore, any employee who fails to report to work as assigned without notification to his or her department head (or designee) for a period of three (3) consecutive work days shall be deemed to have voluntarily resigned his or her employment. 7.3 Retirement An eligible employee may retire from his or her position by submitting written notification of his or her intent to retire to the Department Head stating the effective date of the retirement. Employees are requested to provide as much advanced notice as possible to assist the City with its transition planning. The employee or the Department Head. must submit a copy of the notice of retirement to Human Resources. The employee shall be responsible for the completion and. submission of all required forms necessary for the payment of any retirement benefits under any City - sponsored retirement plan, including the Pension and the ICMA plans. Human Resources is available to provide assistance upon request. 7.4 Reduction in Force The City may reduce the number of employees in any classification, division or department whenever it is deemed, necessary due to material changes in the duties, the organizational structure, work scheduling, and /or the availability funds. In the event that a Reduction in Force (RIF) becomes necessary, the City Manager shall determine whether such RIP shall be applicable to the City as a whole or shall be applied to particular departments only. In determining the order of reduction, all temporary and emergency employees in a classification or department shall be separated first, followed by probationary employees and, finally, regular employees. Employees will be removed or reduced in classification or department, in accordance with length of service and ability to perform the work available, as determined by the two most recent evaluations. If two (2) or more employees have equal scores based on seniority and evaluation ratings, the employee with the most recent date of hire will be separated first. The Human Resources Director may require that employees in a lower classification be separated when employees in a higher classification, who would otherwise have to be separated, are willing and qualified to perform the work of the lower classification at the reduced rate of pay. The names of employees who have been separated due to reduction in force shall be placed on a re- employment list which shall expire two (2) years from the date of separation. As openings occur, employees shall be recalled in the inverse order of separation. If an employee does not respond within ten (10) calendar days after the mailing of a written notice of recall, the name of the employee will be removed from the re- employment list. It is the employee's responsibility to keep the Human Resources Department advised of a current mailing address at all times. CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 8.0 OTHER EMPLOYEE BENEFITS AND SERVICES The City of South Miami is proud to offer a comprehensive employee benefits program. As valued employees, we are pleased to offer top -tier benefits at competitive rates along with other value -added work -life benefits and a comprehensive wellness program. Employees' suggestions are always welcome. Please submit any suggestions and/or special requests to the human Resources Office. 8.1 Group Health Insurance The City provides a three - tiered plan under its group health insurance policies. Under the first tier (Low HMO) the City pays 100% of premiums for employee only coverage. The City contributes an equal amount of money towards the premiums for the other two options. Employees are required to pay the difference in premiums between the City portion and the total premium. Employees have the option of purchasing dependant coverage at their own expense. Dental insurance is available with a two -tier option. The City contributes a portion of the premium for dental coverage. Vision insurance is available as a voluntary benefit at low cost in addition to the health and dental coverage. The employee is responsible for 100% of premiums for vision insurance. A complete explanation of the current benefits and the applicable rates is available from the Human Resources Office. 8.2 Group Life Insurance The City provides group life insurance, including accidental death and dismemberment coverage for all of its employees. Employee coverage under this policy is provided in an amount equal to one year's salary up to a maximum of $50,000 at no cost to the employee. Employees are eligible to purchase additional life insurance, including spouse and dependant coverage at reduced rates. 8.3 Long -term Disability Insurance The City provides long -term disability insurance that provides 60% of an employee's salary in the event that the employee is disabled for a period exceeding six months. This benefit is provided at no cost to the employee. Employees have the option of purchasing additional coverage up to 100% of salary at reduced rates. 8.4 Voluntary Insurance The City provides a variety of voluntary supplemental policies for employees. Voluntary Coverage includes, but is not limited to, Cancer Policies, Hospitalization Indemnity Insurance, Critical Illness Policies, Accident Policies, and other supplemental insurance. 8.5 COBRA Continuation Rights The City complies with its obligation to provide insurance continuation rights under the Consolidation Omnibus Budget Reconciliation Act (COBRA). Therefore, employees who ,• CITY Or SOUTH MlAhtl PERSONNEL RULES AND REGULATIONS separate from the City's employment for any reason are entitled to temporarily continue their insurance benefits as provided for in the Act. Employees are provided with individual notice of their rights and any applicable deadlines upon their separation from employment. 8.6 Retirement Plans All new employees who are hired by the City of South Miami on or after October 1, 2011, are not eligible to participate in the City's General Employees Pension Plan. All new employees hired on or after October 1, 2011 will join the ICMA -RC defined contribution (DC) 457 plan. City employees are NOT required to contribute to the DC 457, however the City will match the employee's percentage of contribution up-to a maximum of seven percent of base salary in an ICMA -RC 401a plan. Employees will be eligible to change their respective ICMA -RC DC 457 contribution percentage annually during the City's open enrollment process. All employees hired on or before September 30, 2011 will have a one -thee option to either remain in the City's General Employees Pension Plan or elect to discontinue membership. For employees to choose to discontinue membership in the City's General Employees Pension Plan, employees must provide in writing no later than November 30, 2011 to the City's Human Resources Department, a letter stating their choice to discontinue membership in the City's General Employees pension plan. The letter must state the respective percentage the employee is wishing to contribute towards the ICMA -RC 457 which shall be effective until September 30, 2012. The effective date of the change is on the first pay period in January 2012. Should an employee choose to discontinue membership in the City's General Employees Pension Plan, the employee will be provided the contribution which they respectively contributed through their employment in the City's General Employees Pension Plan and may rollover such amount into the newly established ICMA -RC 457 plan. The following changes in the pension are as follows (historical data) a. Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased from 1.6 to 1,8%. b. Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 1.8 to 2.0 % (historical data). c. Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.0 to 2.25% (historical data). d. Effective October 1, 1998, the benefit accrual rate (multiplier) shall be increased from 2.25 to 2.5% (historical data). al CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS e. Effective October 1, 1999, . the benefit accrual rate (multiplier) shall be increased from 2.5 to 2.75% (historical data). f. Effective October 1, 201I, the benefit accrual rate (multiplier) shall be reduced from 2.75% to 2.25% The following changes are applicable to all covered employees who elect to continue in the General Employees' Pensions Plan: a. The definition of Final Monthly Compensation (FMC) is changed for future benefit accruals to the average of the final sixty (60) months of basic compensation but not less than current Final Monthly Compensation as of September 30, 2011. Basic compensation excludes commissions, overtime pay, bonuses and any other forms of additional compensation outside of base wages. b. The current accrued benefits of General Employees are frozen and payable under the current terms of the Plan at the currently defined normal retirement date — the later of attainment of age fifty -five (55) and completion of ten (10) years of credited service. Existing employees will continue to be eligible to retire at the age of 55 and obtain their respective full pension benefits accumulated up -to the date of the newly approved pension Ordinance revising the normal - retirement age as set forth below: Future benefit accruals, including increases due to increases in FMC, will be payable at the proposed new normal retirement date — the later of attainment of age sixty (60) and completion of ten (10) years of credited service. c. The supplemental benefit Cost of Living Adjustment (COLA) for General Employees (eligible retirees and/or beneficiaries) is eliminated for future benefit accruals, including increases in the current accrued benefit due to increases in FMC. General employees will receive the supplemental benefit on their current accrued benefit. d. Should the total contribution be actuarially determined to exceed 14 %, both the City and the employees will share equally the excess amount (e.g., should the total contribution be actuarially determined to be 16 %, the City shall contribute a total a 8.00% and the employee -shall contribute a total of 8 %. For full text, please see Ordinance 16 -08- 1951 titled Pension Plan. 8.7 Educational Incentive Program The City wishes to encourage its employees to continuously improve their skills and abilities in order to increase performance. Accordingly, the City provides an educational incentive program for its employees. Full -time classified employees are eligible to receive the incentive for approved coursework with grades of "C" or better for undergraduate coursework, and grades of " B " or better for graduate coursework per credit hour in an amount equal to one -half of the .. CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS tuition only rate for an equivalent credit hour at Florida International University (FIU). Employees requesting tuition reimbursement must have a current satisfactory performance evaluation on file. All coursework must be completed at an accredited educational institution and/or an accredited educational program. In order to be eligible for the incentive, the employee must obtain prior approval from his or her Department Head and must demonstrate that the course or plan of study will improve the employee's effectiveness in his or her current position. The employee shall be required to refund the City any money paid under this program in the event that the employee terminates his or her employment for any reason within two years of receiving an educational incentive payment. The employee shall be required to execute an acknowledgment of this policy prior to the disbursement of any funds. 8.8 .Employee Assistance Program The City of South Miami provides an Employee Assistance Program (EAP) for all employees, including their dependents. This benefit assists employees and their dependents with personal and family issues, including but not limited to stress management; bereavement, marital or family issues, financial problems, or substance abuse problems. Employees are encouraged to seek assistance before such problems negatively affect their personal well -being and job performance. You may request additional information by contacting the Human Resources Department or the South Miami Hospital Social Work Services Department at 786 -662 -8106. 8.9 Employee Wellness Program The City recognizes that an employee's overall health and well -being directly impact his or her ability to perform at the high level required to be successful in carrying out the City's mission. Therefore, the City provides a variety of programs designed to promote employee's healthy lifestyle. Most of these programs are provided free of charge or at substantial discounts to employees. 8.9.1 Health Fair The City hosts an annual on -site health fair designed to help employees identify risk factors associated. with chronic illnesses and preventable diseases. Healthcare providers and vendors provide educational materials and screening at no costs to the employee. 8.9.2 Flu Shot Clinic During flu season, the City provides an on -site flu shot clinic free of charge to all enrollees in the City's health plan in an effort to safeguard our employees from this illness and reduce flu - related absenteeism. Me CITY Or SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 8.9.3 Smoking Cessation Program The City provides a free six -week tobacco cessation program. The program includes nicotine replacement therapies and on -site peer support meetings. 8.9.4 Weight Watchers at Work Program The City offers the Weight Watchers at Work program to meet the needs of our employees for healthy weight loss and lifestyle changes. The new Points Plus+ program is offered on -site, saving our employees travel time and gas, while increasing the convenience of the program. This program is open to employees, family members and friends who wish to participate. 8.95 Bariatric Surgery Benefit City employees may qualify for bariatric surgery benefits. Re- payment must be made via payroll deduction — payments must be 'completed within a maximum of four calendar years (104 pay periods). In the event of separation from employment for any reason (voluntary or involuntary) prior to full re- payment of the benefit, the full remaining balance is immediately due and payable. 8.9.5.1 Minimum Eligibility Requirements Employees who wish to apply for this benefit must present satisfactory evidence that they meet the following eligibility requirements: 1. The employee must have at least five years of satisfactory full time employment with the City. 2. The Employee must be at least 18 years of age, reached full expected skeletal growth and have sufficient medical evidence of any of the following: a. BMI > 40; or b. BMI 35 — 39.9 with at least two clinical significant co- morbidities i. Cardiovascular disease ii. Type II Diabetes iii. Life threatening cardiopulmonary problems, obesity hypoventilation syndrome or Pickwickian syndrome, obesity related cardiomyopathy iv. Joint disease v. High blood pressure vi. Sleep apnea 3. Employee must submit proof that he or she has attempted medically supervised weight loss in the past without successful long -term weight reduction. ..+ CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 4. The employee must actively participate in an integrated clinical program that involves guidance on diet, physical activity, and behavioral and social support prior to and after the surgery. 5. If required by the treating medical provider, the employee must submit evidence of psychological evaluation to rule out major mental health disorders which would contraindicate surgery and post -opt compliance. 8.9.6 Walking Groups The City encourages its employees to promote wellness through exercise. Walking groups are designed to promote team activity and encourage employees to stay active while building healthy long -term goals. As part of the walking to wellness program, the City provides log sheets to record the number of steps and exercise minutes measured by your pedometer. 8.9.7 Support Groups Employees are provided with access to support groups to help provide education, information and support with overall health concerns, including diabetes, heart disease, cancer, and other topics of interest to employees. If there are additional topics that employees wish to see included, they are encouraged to contact the Human Resources Department about starting a group. 69 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS DEFINITIONS Administrative Leave — The temporary removal of an employee from active duty status with pay. Such leave is typically granted when allegations of misconduct warrant or require the employee's immediate relief from duty pending further investigation which may lead to disciplinary action. Allocation - The assignment of a position to an appropriate classification on the basis of type, difficulty and responsibility of the work performed. Anniversary Date — Generally the employee's date of hire; however, the anniversary date may be adjusted when there is a substantial break in active duty status, such as during an extended leave of absence. Anniversary date is used to determine years of service with the City. Classification - Positions similar in duties and responsibilities, requiring similar qualifications, and within the same pay range that share the same descriptive title. Collective Bargaining Agreements - Contracts between the City and a recognized employee union providing specifically negotiated terms, conditions, and benefits of employment for covered members. The Manual applies to all employees covered by a -collective bargaining agreement unless the rules and regulations contained herein are specifically contradicted by the CBA. Compensation Plan — Schedule of pay rates listing minimum, maximum and intermediate steps established for each job classification. Demotion — The re- assignment of an employee to a position within a lower classification and/or a lower pay scale. Demotion is generally reserved for situations where an employee is unable to meet the performance standards for his or her current classification, but has demonstrated an aptitude for a another available position within the lower classification. Department Head - Employees who are responsible; under the City Manager, for the operation of an established City department. Domestic violence - any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Exempt Employee - An employee who is not eligible to earn overtime under the overtime provision of the Fair Labor Standards Act (FLSA). Full time employee - An employee who works 40 hours a week or more on a continuing basis and is eligible to receive all benefits and rights as provided by the Personnel Rules and Regulations. 70 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Household member - spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. Except for persons who have a child in common, the family or household member must be currently residing or have in the past resided together in the same single dwelling unit. Immediate family - spouse, domestic partner, grandparents, parents, children, stepchildren, grandchildren, step grandchildren, brothers, stepbrothers, sisters, stepsisters, father -in -law, mother -in -law, brother -in -law and sister -in -law. Job Description - The written explanation of the essential functions of each classification in the pay plan which establishes minimum requirements as to experience, training and other pre- requisites together with statements of duties and other requirements. Merit Increase — A one -step increase in pay not to exceed the maximum pay set in the compensation plan, based on a employee's job performance as evidenced and supported by the performance evaluation. Overtime - Hours worked in excess of 40 hours of actual work during the workweek in accordance with the provisions of the Fair Labor Standards Act (FLSA). Part -time employee - Employees who work less than 32 hours a week. Part time employees are not eligible to receive any benefits &Trough the City. Pay Range - The minimum, maximum and intermediate pay rates established for a classification. Performance Evaluation — Written documentation of how well an employee hes met expectations in the performance of the essential functions of his job and has complied with the City's expected performance and conduct standards. Probationary Period — The twelve month period during which the new employee is oriented and trained in work assignments, performance standards and required conduct in the new position. Promotion - A change is classification from one classification to another with a higher pay range. Reclassification - The change in classification of a position from one classification to another which has been determined to more accurately describe the duties and responsibilities required of the position. Reduction in Force - The indefinite termination of employment due to lack of work or funds, or because of restructuring within the organization. 71 CITY OF SOUTH MUMI PERSONNEL RULES AND REGULATIONS Rehire - The re- employment of a former employee who resigned in good standing. Rehired employees shall be treated new employees. Resignation - Act of voluntarily withdrawing from city employment. Suspension - Temporary removal from duty for disciplinary purposes without pay. Temporary Employee - An employee appointed for a special project or other work of a temporary or transitory nature. Temporary employees are not eligible for any benefits. Temporary employees may be dismissed at any time with or without notice. Termination - The separation of an employee from service with the City. Transfer — The re- assignment of an employee to a different position in the same classification or grade. 72 Personnel Mules and Regulations Table of Contents .......................................................................................................................... ............................... ...................................................................................... ............................... GENERAL POLICY 15 DISCLAIMER.................................................................................................... ............................... 16 SEVERABILITY................................................................................................ ............................... 17 APPLICABILITY Or MANUAL... .............. ... .............. I ............ ... 11.11.1 ... . 18 ADMINISTRATIVEDIRECTIVES ........................................................................ ............................... 18 1.0 Employment Procedures .......:......................................... ............................... 20 1.1 Equal Opportunity Employnnent Policy ........................ ............................... 20 1.2 Eaaployment Eli ibilitY Guidelines . ............................... ..........11..............1.1.. 21 1.2.1 Minimum Qualifications .............................................. ............................... 21 1.2.2 Emplonnent of Relatives ................... ........ .................... ........ .........:............. 21 1.2.3 Re- Employment of Former Em lloyees .......................... ............................... 21 13 Recruitment, Screening, and Appointment .................... ............................... 22 1.3.1 Vacancy Postings.. — ........................ ---- ......... — ..................... ........ ......... 22 1.3.2 Processing and Screening of Applications ................... ............................... 22 1.3 .3 Disqualification of Applicants ....................................... ............................... 23 1.4 Pre - Employment Testing and Background Checks ........ ............................... 24 1.5 Probationary Employment Status... ...... .................................................... 24 1.5.1 Duration of Probationary Period .................................... ............................... 24 1.5.2 Dismissal During Probationary Period ........................ ............................... 24 1.533 Transfer DurinR Probationary Period ............................. ............................... 25 1.6 Classified Employment Status ........................................ ............................... 25 1.7 Other Comes in Eanpment Status ............................ ............................... 25 1.7.1 Lateral Transfer ........ .................:.................................... .......................... ..... 25 1.7.2 Direct Promotion ............................................................ ............................... 25 1.7.3 Interim Appointment ...................................................... ............................... 25 1.7.4 Demotion .......................................................................... .............................26 2.0 Employee Attendance and Leave .... ............................... 111...........1................ 26 2.1 Work Schedules .............................................................. ............................... 26 2.1.1 Full time Emolment .................................................... ............................... 26 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 2 2.1.2 Part -time Employment ......................... ....... .... ...... ........ ................:............ 26 2.13 Breaks and Rest Periods ................................................. ............................... 26 2.1.4 Overtime Work Assiemnents ......................................... ............................... 27 2.1.5 Resorting Overtime Work ............. ............................... 27 2.1.6 Compensatory Time ...... 27 2.1.7 Emergency Closings ..................................................... ............................... 27 2.2 Accommodating Religious Observances ........................ ............................... 27 2.3 Outside Employment ............................................... ............................... 28 2.4 Attendance and Time Keeping ............ ................. 28 2.5 Holidays ...................................................................... ............................... 28 2.5.1 Holidays on Scheduled Work Day ................................. ............................... 29 2.5.2 Procedure for Observance of Weekend Holiday ............ ............................... 29 2.6 Annual Leave ................................................................. ............................... 29 2.7 Sick Leave ...................................................................... .................... I ........ .. 30 2.7.1 Accrual of Sick Leave ............... ........... ......:................... ............................... 30 2.7.2 Accumulation of Sick Leave. ... ..... 30 2.7.3 Use of Sick Leave .......................................................... ............................... 31 2.7.4 Resorting Sick: ....................................... ........ .............. 31 2.7.5 Abuse of Sick Leave ...................................................... ............................... 32 2.7.6 Return to Work ............................................................... ............................... 32 2.7.7 Conversion of Sick Leave .............................................. ............................... 32 2.8 City Wide Shared Sick Leaue Program .......................... .................. ...... :...... 33 29 Family and Medical Leave Act �FMLA) ....................... ............................... 34 2.9.1 Recuirements for Eligibility............ ............... .. ......... ... ......... ......... ............... 34 2.9.2 FMLA Oualifyrng Events ............................................. ............................... 35 2.9.3 Calculation of Leave Period ........................................... ............................... 35 2.9.4 Pay During FMLA Leave ............................................... ............................... 36 2.9.5 Continuation of Benefits: .............................................................................. 36 2.9.6 Reinstatement Rights ..................................................... ............................... 36 2.9.7 Procedures for Requesting Leave ................................... ............................... 36 2.10 Bereavement Leave ........................................................ ............................... 37 2.11 Military Leave ................................................................ ............................... 37 2.12 Domestic Violence Leave .............................................. ............................... 37 2.12.1 Detennining eligibility ................................................ ............................... 38 2 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.6.1.1 112.2 Procedures ...................................................................... .............................38 Right of inspection .......... .......... ... .............. .................. 2.12.3 Definitions ...................................................................... .............................38 2.13 3.6.1A Jury Duty /Civic Leave .................................................... ............................... 39 2.14 Security volicy ................................................ Leave Without Pay. ... 39 3.0 ............................—.. 46 EsnDlovee Standards and Practices ................................. ............................... 40 3.1 Ownershin and Privacy ................................... Employee Code of Conduct ........................................... ............................... 40 3.2 ................. 47 Customer Service Policy- ... - - ........ -- .... ... --, ..................... 40 3.3 3.6.2.4 Employee Safety ............................................................. ............................... 40 3.4 Workers' Compensation Policy ...................................... ............................... 41 3.4.1 Injury Reporting Requirements ...................................... ............................... 41 3.4.2 Return to Work Program ................................................ ............................... 41 3.4.11 Eli ig bility for transitional /light duty ................ ............................... 41 3.4.2.2 Duration of Transitional Dutv ......................... ............................... 42 3.4.2.3 Refusal of Transitional Duty ........................... .:............................. 42 3.4.2.4 Outside Employnment ....................................... ............................... 42 3.5 Dress Code ..................................................................... ............................... 42 3.6 Use of City Equipment ................................................... ............................... 43 3.6.1 Internet Use Policy_ ................................................... ............................... 43 3.6.1.1 Unauthorized Use ............................................ ............................... 44 3.6.1.2 Right of inspection .......... .......... ... .............. .................. ..:. ............. .. 45 3.6.1.3 Disclaimer of Liabilit .................................... ............................... 45 3.6.1A Responsibility of fEmployees ............................. .............................45 3.61.5 Security volicy ................................................ ............................... 46 3.6.I.6 Social Networkina Policy ........... :.................... ............................—.. 46 3.6.2 Use of City Vehicle Policy ............................................. ............................... 47 3.6.2.1 Ownershin and Privacy ................................... ............................... 47 3.6.2.2 Purpose and Use ................... ......................................... ................. 47 3.6.2.3 Maintenance and Upkeep ............................... ............................... 47 3.6.2.4 Safety ............................................................... ............................... 48 3.6.2.5 Accidents and Theft... ...... .......... - ............ -- ...... ........... ........ - 48 3.7 Return of City Property ................................................ ............................... 48 3.8 No Smoking Policy ........................................................ ............................... 48 3.9 Dru Free Workplace Policv .......................................... ............................... 49 3.9.1 General Policy Statement- ............... - ...... - . ..... ......................... ..... 49 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.9.2 General Prohibitions. .................... ........................... ... 49 3.93 Safe Harbor Provisions ................................................... ............................... 50 3.9.3.1 Provisions for Employees in Safety- Sensitive Positions ................ 50 3.9.3.2 Provisions for Employees in Special -Risk Positions ...................... 50 3.93.3 Rehabilitation Pro rg am Requirements ............. ............................... 51 3.9.3.4 Testing Policy .................................................. ............................... 51 3.9.3.5 Pre- Employment Testing Policy ...................... ............................... 51 3.16 Solicitation ........................................................................ .............................64 3.17 Protecting Confidential Information .............................. ............................... 64 3.18 Training and Professional Development ........................ ............................... 64 3.19 Adherence to Cit1 Charter .............................................. ............................... 64 3.9.3.6 Random Testier Polic .................................... I ........... I............... 51 3.9.3.7 Reasonable Suspicion Testina Poliev .............. ............................... 51 3.9.3.8 Post - Accident Testing Policy .......................... ............................... 52 3.9.3.9 Return to Duty Testine .................................... ............................... 52 3.9.4 Drug and Alcohol Testing Of Commercial Motor Vehicle Drivers.. ............ 52 3.9.5 Refusal to Test ................................................................ ............................... 53 3.9.6 Drug or Alcohol Related Criminal Charges or Arrests . ............................... 53 3.9.7 Medical Review Officer's Responsibilities Under Florida Law ................... 54 3.9.8 Challenge of Positive Dru Test Results ....................... ............................... 55 3.9.9 3.9.10 Confidentiality and Records Maintenance ................... ............................... 56 310 Workplace Violence Policy ............................................ ............................... 60 3.11 Anti - Discrimination and I-Tarassment Polig ................................................. 60 3.11.1 Employment Discrimination Defined .......................... ............................... 61 3.11.2 Harassment Defined ..................................................... ............................... 61 3.11.3 Reporting Procedures ................................................... ............................... 61 3.11.4 Investigation Procedures .............................................. ............................... 61 3.11.5 Disciplinary Actions ..................................................... ............................... 62 3.12 Anti - Retaliation Policy ................................................... ............................... 62 3.12.1 Complaint Reporting Procedures:.. ....... ..................................................... 62 3.13 Political Activity ............................................................. ............................... 63 3.14 Conflict of Interests .......................................................... .............................63 3.15 Authorized Use of City Name ...................................... ............................... 64 3.16 Solicitation ........................................................................ .............................64 3.17 Protecting Confidential Information .............................. ............................... 64 3.18 Training and Professional Development ........................ ............................... 64 3.19 Adherence to Cit1 Charter .............................................. ............................... 64 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.20 CityWide EmerQencies/Reportin Procedures .............. ............................... 65 4 0 Perfonnanee Managemeni .............................................. ............................... 65 4.1 Perfonnanee Planning- ................... I ......... .......................................... .... 65 4,2 Coaching and Counselin ..................................... ............................... 65 4.3 PerfonnaneeEvaluation ................................................... .............................66 4.3.1 Evaluations for Probationary Employees ..................... ............................... 66 43.2 Evaluations for Classified Employees ....... ........... ............................... 66 4.3.3 Evaluations for Department Ileads ................................ ............................... 67 4.4 Performance Improvement Plans ( PIP)... ....... ..... ............ ......................... .... 67 5.0 Classification Plan Coensation Schedule and Payroll Procedures........ 67 5.1 The Classification Plan ................................................... ............................... 67 5.1.1 PIan Administration and lvlaintenance ........................... ............................... 67 5.1.2 Use of the Plan ............................................................... ............................... 6$ 5.2 Job Description ........................................................... ............................... 6$ 5.3 Co7nDensation Plan .. .................................. ............................... 68 5.3.1 New Employees .............................................................. ............................... 69 5.3.2 Pay Rate Upon Promotion .............................................. ............................... 69 5.3.3 Pay Rate Upon Transfer ... ............................... 69 533A.-Pay Rate upon Demotion ....... .............................. ................... .............. ..... 70 5.4 Merit Raises... ........................... ........... ............ ..... 70 5.5 1,01114evity ...... 70 5.6 Payroll Procedures .................................................. ............................... 71 5.6.1 Timekeeping Requirements ........................................ ............................... 71 S 6 2 Direct Deposit and Issuance of Checks ........................ ............................... 71 5A3 3 Pavroll Deductions ...................................................... ............................... 72 5.6.4 Deductions from Pay of Exempt Employees ................ ................................ 72 5.6.4.1 Complaint Procedure. ............. ........................ 73 5.6.4.1.1 Notification procedure... ......... . .............. ................. ............. ............. ....74 5.6.4.1.2 Investlaption of complaint ................................................... .............................74 5.6:4.1.3 Non retaliation ..................................................................... .............................74 5.7 Overtime Calculations and Pay_, ................................ ............................... 74 5.8 Compensatory Time.. .............. 74 5.8A Requesting Compensates Time Off :......................... ............................... 75 5.82 Payment for Compensatory Time ...... ......................... ............................... 75 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 6.0 Disciplinary Actions and Procedures ........................... ............................... 75 6.1 Discipline Policy ...................................................... ............................... .. 75 6.1.1 Verbal Warning. .......... ....................... ................................. -.— .................. 75 6.1.2 Written Reprimand ......................................................... ............................... 76 6.13 Suspension ....................................................................... .............................76 6.1.4 Termination ...................................................................... .............................76 6.2 Disciplinary Guidelines Table ....................................... ............................... 77 6.3 Appeal of Disciplinary Action ....................................... ............................... 79 6.4 Grievances ...................:.................................................... .............................79 7.0 Termination of Employment for Non - Disciplinary Reasons ....................... 79 7.1 No Cause Tezmination .................................................... ......................1........ 79 7.2 Resignation ....................................................................... .............................79 7.2.1 Job Abandonment ........................................................... ............................... 79 7.3 Retirement ........................................................................ .............................80 7.4 Reduction in Force......................................................... ............................... 80 8.0 Other Employee Benefits and Services ......................... ..................I............ 80 8.1 Grp Health Insurance .................................................. ............................... 81 8.2 Group Life Insurance................................................. ............................... 81 8.3 Low -term DisabilityInsurance ................................. ............................... 81 8.4 Voluntary Insurance ... .................................................... I ....... ...................... 181 8.5 COBRA Continuation Riabts ............................ ............................... 81 8.6 Retirement Plans ............................................................. ............................... 82 8.7 Educational Incentive Program ........................................ ........:....................83 8.8 Employee Assistance Prograin ....................................... ............................... 84 8.9 Employee Wellness Program ....................................... .............................84 8.9.1 Health Fair ...................................................................... ............................... 84 8.9.2 Flu Shot Clinic ............................................................... ............................... 84 8.9.3 Smoking Cessation Prol ram .......................................... ............................... 84 8.9.4 Weight Watchers at Work Proaram ............................... ............................... 85 8.9.5 Bariatric Surgery Benefit .............................................. ............................... 85 8.9.5.1 Minimum Eli ig bility Reou_ irements ................ ............................... 85 8.9.6 Walking Qyoups ............................................................. ............................... 86 8.9.7 Support Groups .............................................................. ............................... 86 DEFINITIONS............................................................................................. ............................... 130 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS �9' Bd3C� 'I(3i�!- ".-ir- ::.z•czd�',.,r� `�r:cr' -.� g tsZi ' J' J• :t / •n � `JS•a G J' C C CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS r • e -c. c "iris C 1 C S. r. - mvzssa IN III iiiiiiijilli �.Y."Gt4S'C'.73ISGYV�i'P'fEA.i' rFC� T)..1:,... ��` R�SCS3�G�TSSS (lVTS3iSt2�S.�A�'�14�Y Z A i 7 A,y..n. +:.+r. D..� 3 1— Retur to 3.5 —mss Gode i'sisaxEkzSE C's�`- 3.6. 6 z n.,+,,,.., nor:+., n.n,.,,,,... — ��-viickG-istrx�zcsiva' S1 '] in A .. +t,..« .,n.i r T...� n4'r:s,.,...,... mmvriz.�x-crse of crcr-]. ig,36 0 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS ' MOSS, _ iIR��M!•..r�� "�wr s•L. r 11 00 C � _ L LO ••1:1J.. C' S 0 C' 0 t •C r r = • e r t • r 1.1• Ih��� l�!_.:,.l�l�1!Il1�lI�,�Ti*,��. _ r_. CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS s c J• 3 i IT Molf L � •L 0• C' ,.0 C \ 9• !. _. • ! • r 10 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 9:8 --?ter 9k Fta�it�i�ai / €gh�tt4 �^ --- rn,,.. �ea-v raxrrac u7 — 4-;0— rnia^�:vic`v'caiav^- rr`c-i —i To corzxpt?Ek.rzx�8Pj�4'4 Ek'�3131� � &;y' �%- -16.0 —Gfic*a -39 18.0 A 7" i9.0 t39ccrS -@tiri1 A } 42iz o T "t'vr"rc�=rirroai9@i#3 @i3' r,L .. b . . CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 29.0 lat:ons e= i= e-rc .miler 5 3a.0 "Tess �6& 3�:9 fii y ' -x�2: iiicatien A te€u: -uvI ce4' �¢•.P: =reii'1 eL 33.8 tkeeid�n =s °G 12 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS a c e � . G a.• L. G a: �' F•' C L �� G 13 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS c •e- e e- oc c � c s• c e c e Tr........ 1. ,7 fi 7 vi' cmrc--- r3vurs�vvz� .cxcccss- vrmv—zz�rzzt TT� °.....J. �RI' f-• �1F41, z.- 2- izclzivj' a°• c-'- Aiz" pivyvN .$-W�izr`vdviic?4::rsiiiu.x ✓z iivu'zw-"a-iz 'dx'i...- izisj'EL'$-c�ifi7 Hvc£z'xgzozc cv�r=icEc'.z v'P. -c¢r�' vv-nc-iic�-am v^� z v. v-i _�. +.�'�.h�."�'ii�i��1TA'FiSR} ?Tj tLF0.'eSDZ2CSICl�t+l �'Z1i+YCTtTLC'di"+ ,_rrrarm'mcra.— .rt.�[% �i^„ �L, a- ci-zviriiran22 -ro r'znlf$e'xvix <-v:zz.-vcv^niasmccmlri$-'i zz�azzvzn- roiz�C -vruzz Pos 44ne Pefsen-. a=r�rvaci snwx =j rr� 'v'y'i =2����((���� . i.Y v"�-'�'� �.i v :i�vocmvnc�p-pi. «••• b flt! Bna➢� '�e7Fisxc�'Ia 4- �= ivvws' �' ror> �""- �- ?- iva�- ror- iicddr' p' -zziiv- crc¢"r�Gy'�v��- z'z�zu'y' -w - elas-' ation "-am one el ehange on to afle- 14 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS �tiefietg' �iirx ^.- 'a^x�- ^vza^- c^��- r�.�'. in�% 1�# �i- t@'- fii973 13�atit-} ri-- ef--@ i3 2�6yi1? Cit�cc� .,- vf- iaEl- IF- Q�+Oi'�'c -(3i' F1Z1���U v ZG3LFT[�•[�- tlAyS'V'RTAT'4i�oT� uiiZ':a'c[pn. z+.zar:r..-- �'xri.- iL°^C-�ia z��rnx.'.z- C3i�- 3�39-iE�sl'�il - b60E�- Siai'3> b xc�nzxre� employ vS—h." m"rrv.. ccnc'u�"iis �"a zn',b'e v°npcv'y'ee. n t,., n� f r 4 'z •hr,d �4i✓i�a roia- �- x^ u- cvc= s' viaizvnr""' ay�a` dimvi- a' ik} ki' �- �i'- �i�`i�-@%iip�6'i'iii2i'i� iivn'ay.' :. shP. �erpaT- a+ cx' v' n- vx^£<' di-.^- m�6yEE- �= r0# li-- uL' i= xfiffi�l- �JJi.I�1-thC- �ii�ji: �ICIi- beaxJe— %Hite��Ced -t fiviir- p:- c3viur =aii. �s- vi- izjuiy auizsrb^` d3- raCxx- r' n° i- I' ccn' i.. crsci�- e- ifipl6�ii 't'Yi'g'ht$'ali%�'i5'p�%d-3z- vein- "�"a"xv- n�c'cnrrrmT- TSV-r� r. e c a• r VA c e CL L ec WAYM re C =% Wilmll -1.0- -- GENERAL POLICY T e _ les and _eguk4:,.,,., n estat,}:nr,nd .1b- _ *" °The City of South Miami Persomiel Manual -i-s desired -te pttrese -o€ providesi you with information about the policies and procedures that 15 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS affect ._employment with the City. The rules and regulations set forth in this manual are desie,,d - P rovide consistent and equitable personnel policies eer3eern z° ^ m^ ` ^the City ef South Pfiani: and to-- establish workable guidelines for the implementation and administration of such policies. These rules apply to all employees of the City exeept-and do not apply to elected and appointed officials, members of the boards and committees appointed by the City Commission, consultants or v.,p oye����,ri'° ^ate o-����tylndependent Contractors, ernerrcy employees and volunteers except as specifically ovided herein—.. Employees who are members of a collective bargaining unit also consult their rejective Collective Bax aininkf ^tee is V ;a :n ^ agreements which may supplement ement and /or supersede some of the rules and regulations set forth herein. Hn m.l.inn4 4n 4Un n riff +n rain , C4n ni�—mnree4 �rt V �8�. n, un that their employees adhere to the policies and procedures described in the Manual. Employees who violate any policy or procedure may be subject to disciplinary action up to and including dismissal from employment at the City of South Miami —. If you have questions about the Manual or about any issues reeardingyour employment you should consult your supervjsor or the CWKee- o€Iduman Resources Department. If any section clause, sentence, or phrase of this manual is for any reason held invalid or This manual supersedes all prior handbooksF and /or manuals—.. The Employee Manual w -beis reviewed on an annual basis in . br-uar3, and reported submitted to the City Commission for ai)proval and adoption in February of each year. The Human Resources Department distributes Any revisions or amendments 1,e--posted gty bu�Ietirr- beards -distT- -to all City departrnents -emplo ees and postedLga updated Manual on the City's web page. i- tDISCLATWR This mManual summarizes the various policies and benefits currently provided by the City. This Manual does not create or constitute an employment contract either expressed or flied 12 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS between anv emolovee and the City Further no statements or representations whether written or oral by any Director, manager or supervisor shall create a contract without the exresrior aDDroval of the South Miami City Commission as set forth in a duly adopted Resolution or TT +T.' +n A' this manual nth^ n;t rde + A Ordinance. ,tea =au o n =y y c nom s ,] h 't effil4eyee + —ended tn. „r ., + «n n4 l.n+.......,,, tl.n n; +.. -A any Err} I} I /3j'6 @ -6r-& Li'ckl-une z.-Of e ••` c"�""'^A eriipm7iiz — The City reserves the rights to modify, revoke, suspend, terminate, or chap ~ ^5e in the policies and procedures in this 1V manual in whole or in part, at any time, with or without notice. 1, Irani :me e 6me Em to eers shall be given sap o '�nsualnotice of tlZSanv revisions as set forth above -. SEVERASILITY Should it be determined that my federal, state county, or citv law is in conflict with any portion of this manual only that portion of this manual shall be invalid and the remainder shall remain in full force and effect. Any gender specific references in this manual should: s enco assin both male and female employees. 17 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 1.2 APPLICABILITY OF MANUAL ON W s s s e OWN This Manual contains the personnel rules and regulations applicable to all City Employees unless Manual. Failure to review these rules is not an excuse of iustification for the failure to comply therewith. e Manual will be provided to each employee and shall preside-written acknowledgment of the receipt thereof must be submitted to the Human Resources Department. Employees are strongly encouraged to contact the Human All forms referenced in the Manual may be obtained from the Human Resources Department. 1.3 ADMINISTRATIVE DIRECTIVESl OU4CY The City Manager is authorized to issue detailed administrative regulations, not in conflict with these rules, for the purpose of clarification and to establish orderly administrative procedures —. Updates or revisions to this Manual wi43 –must be presented to the City Manager and City Commission for approval. Denartment heads are authorized to issue rules. regulations and directives for the efficient operation of their respective departments, Such rules and regulations may be more restrictive than the regulations set forth in this Manual, but shall not be in conflict therewith. In the event of any such conflict, the Manual shall be corntrolling All DdepaI'tIrlezital ru s ,all be sul�ect to review and anbroy_Ia_ by the Human esources Directory t e Ci v Manager; fE:f CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS All such rules, regulations and directives shall be issued in writing, made available to all decartmental personnel and a o0Dv thereof shall be provided to the Human Resources Department. 19 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS lA 1.9---- ENipLOYMENTPROCEDURES The City is committed to ensuring that it employs only he bestmost qualified personnel for each position; in the most equitable manner possible. The rules and procedures set forth in this Policy employment _ opportunities of City em, loyees and applicants for employment. The following procedures shall be used to fill vacancies in the City service. 1.1 144 —Equal Opportunity Employment Policy The City of South Miami is an Equal Opportunity Emplover. The City strictly prohibits There shall be- ne-- dDdiscrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any et he p so A c nterm or condition , emplo iynent because of political or religious opinions or affiliations, or because of race, color, age, creed, sexual orientation, marital status, national origin or disability is^strict =r p o ibited. ,,, lent rt is the, . alie.. ekh,, .,=ap��. �.�.- �- o�n,ne, City's o tc is to recruit, hire, train and promote Into all job levels, employees and applicants for employment without regard to race, color, age, sex, national origin, religion, marital status, sexual orientation or disability. The City bases all such decisions on individual merit, qualification and competence as they relate to the particular position and promotion of the principles of equal employment opportunity. The City's commitment to equal opportunity applies to all facets of the employment relationship, including compensation, benefits and all other terms, conditions and privileges of employment. The City will make Aall employment decisions w iads �in accordance with principles of Equal Employment Opportunity. l is zoo of�The City's goal is to ensure that all employees are able to work in an environment vA4eh -that is free from all forms of harassment en- the- basi,- etbased on race, color, age, sex, national origin, religion, marital status, sexual orientation, or disability. This policy strictly prohibits Rharassment inef any form-;,all such acts4s -st ' will result in disciplinary action up to and including termination. The City also prohibits retaliation against any individual who has exercised any right protected by these rules and procedures and /or any federal, state or local law regarding Equal Employment Opportunity. Applicants and/or employees who have reason to believe theurtheir treatment is in violation of this pRolicy should promptly fgp q�� submit a written statement of the facts and circumstances demonstrating the alleged violation to the Director of Human Resources, who is the City's official EEO Compliance Officer. 20 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 1.2 1.2 Employment Eligibility Guidelines 1.2.1 1-.24—Minimum Oualifications qualifications necessary to perform the essential functions of each zob in the City service; these ualifications -are set forth on the official job description and posted with each vacancy announcement. W x . ' ,Hu, : mmmmm"n x ^iv �siasi "ra:ti�•: 1.2.2 14.2 -- Employment of Relatives The City permits the employment of more than one member of an immediate family to -be emplewd in accordance with the following provisions• I. The Applicant is e °die-rw� ualified for the position. 1 Such hiring does not discriminate against other candidates for the vacant position. 3. No employee shall be— permitted --to— exercise direct supervision over persons related to him or her by fob' (family or marriage. For purposes of this Ppolicy persons related by family or marriage are defined as any spouse parent brother sister randparent grandchild aunt uncle niece 1.2.3 ' ' Re- Employment of Former Employs new employee for all puposes including seniority and leave accrual and maximum caps. No employee terminated from the Citv service for rnaien- misconduct shall be eligible for re- employment. 21 CITY OF SOUTH MIAMI PERSONNEL, RULES AND REGULATIONS 1.3 1-4 -- Recruitment, Screening, and Appointment The City of South Miami avails itself of contemporary advertising services for the recruitment of the best possible candidates for its open positions. Recruitment activities are centralized in the Offit - of-1 -luman Resources Department. Upon approval of the City Manager. Aall available vacancies and new positions are listed with the Office of Human Resources for ppitina ^R�6`o.ai- oy -c lie -ter ...,.. g�. 1.3.1 Vacancy Postings The Human Resources Department will post each job announcement for a minimum of one (1) services as determined to be appropriate by the Human Resources Department and the hiring department. Consistent with its EEO status, Tthe City ra�y usez for jel. r only uses these- recruitment services dvhiclrthat do not discriminate on the basis of race color, sex reliaion, age, national origin, marital status, political affiliation, familial status, sexual orientation or disabili In cases of vacancies for promotional status positions, the position maybe posted internallupon approval of the Human Resources Director and the City Manager. In such cases, the position shall not be required to be posted for the purpose of receiving applications from the public at- large, but shall be posted to City employees for the recruitment of qualified candidates, In such cases, an employee with meritorious service, which demonstrates an atude and ability to fulfill the requirements of the iob, may be directs promoted to the vacant position. r3,1 1.3.2 Receipt -and- Processing and Screening of Applications The Human Resources Department is the only department authorized to accept employment applications. All applicants must complete using 22 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS .Applications will only be accepted for open posted positions An application for an open position shall be considered active for ninety (90) days from the date it is filed or until the position is filled A sarate application is required for each position for which a candidate seeks to apply Incomplete a0lications will not be considered. All qualif ed candidates will be considered £or everyposition vacancy for which they apply. Applications for a position received after the published closing date wi11 not be considered. If there are not sufficient qualified candidates at the closing date, the position may be re- opened and/or re- advertised at the discretion of the DMartment Director, after consultation with the Human Resources Director, The Human Resources Department will screen applications to identify applicants that meet the posted minimum requirements The list of qualified candidates will be sent to the Department Director and/or selection coanmittee for further screening and interview requests. appli � ^, ^'� ^� ^d- open -tlze 1.3.3 Disqualification DisgualificationofApplicants Applicants may be disqualified £rom consideration for emplonnent for anv lawfizl reason including, but not limited to the following: 1 The Ffailure tossess the minimum qualifications for the lob. 2 An unsatisfactory employment record and/or other record as evidenced by information contained on the application fonn or by the results of a background and/or reference check. 3 Incorrect incomplete false statements or omissions of any material facts or deco Lion iaz the application or during anv other part of the selection process, including but not limited to interviews and background iirvesti atg ions, if appointed such employee maybe terminated for this reason at an t 4 Physically or otherwise unable to perform the essential duties and functions of the position with or without reasonable accommodation, in accordance with state and federal laws. 5. Ineligibility to work as determined by state and federal laws. 23 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 1.4 4:4-- Pre - Employment Testing and /Background Checks A pre - employment medical examination drug screen and background check are required of all new employees. Upon making a conditional offer of employment to an applicant, the Human Resources Department will arrange the required examinations and screenings. A background check may include verification of employment- duties, criminal history, and driving record. Some candidates may also be required to clear a credit check. All candidates must sign a confidentiality waiver authorizing the required verifications. Failure to satisfactorily clear the required pre - employment screenings will result in the withdrawal of the conditional employment offer. In the event that the candidate 4-e has started his employment when the City receives notification of the failure to meet pre - employment standards, such failure is grounds for the immediate termination of employment. 1.5 IS—Probationary Employment Status All new employees, including employees promoted or velunatar4lyvolurtarily transferred to a permits Department Heads to observe the new employee's work, to train and assist the new 1.5.1 I.-54—Duration of Probationary Period employee utilizes extended leave by an amount of time equal to the amount of leave taken. exte-asionextended for an additional period not to exceed six 61 months-. All probationary extensions must be pre - approved by the Human Resources Director and the CitXManager. 1.5.2 ' 9;' Dismissal During Probationary Period Probationary employees are "twat -Wwill" employees and may be terminated with or without a stated reason, with or without notice at any time during the probationaryperiod. Any formerly classified employee in aprobationary status as a result of promotion or lateral transfer shall have the right to return to the position he or she held immediately prior to such promotion in lieu of termination,- other than for cause, provided that the Iatter position remains vacant. The City shall have no obligation to create a new position or terminate any other emplo ee regardless of status to accommodate said formerly classified employee Any termination prior to the expiration of the probationary period shall be final with no right of appeal. 24 CITY Or SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 1.5.3 4,53— Transfer Dduring Probationary Perlod If an employee is transferred to another position in the same class and -in- the same department prior to the completion of the employee's probationary period, the total time employed shall be counted towards the probationary veriod, In a case of transfer from one department to another, the reouired twelve months probationary period shall begin at the date of transfer to the new department. 1.6 1:6— Classified Employment Status A full -time emplovee who has satisfactorily completed the probationary period shall be designated as a classified employee, Classified employees may be dismissed either at will without cause or for cause. An employee who has attained classified status shall have the right to appeal disciplinary actions involvine loss of time and or pay in accordance with thine pelic- wocedures set forth herein. Classified employees anay not appeal a termination without cause. Classified employees who are transferred at the initiation of the Department Director or the City Manager in the interests of the City involuntarily transferred? are not required to serve a nrobationary period in the new position. 1.7 1v7—Other Changes in Employment Status 1.71 17-A - Lateral Transfer A lateral transfer is the re- assignment of an employee from gone position to a substantially similar position within the same lob classification and the same pay scale. In such cases, a transfer is considered lateral even where the employee receives a pay increase in the new position: A lateral transfer may be voluntarily initiated by the employee (i.e. the employee submits an internal employment application for an announced vacancy) or involuntary to accommodate the needs of the Citv (the transfer is initiated by appropriate supervisory personnel . 1.7.2 ------4-.7-.2—Direct Promotion In the event that a vacancy occurs within a Department which represents a promotion in classification and/or rank for departmentalpersonnel, upon written request from the Department and qualifications which support the promotion. 1.7.3 --4–.7-4—Interim — Interim Appointment An interim or acting appointment occurs when an emplovee is requested to temporarily fill a vacant position to carry out the duties and responsibilities thereof for a limited period of time. 25 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Tvpically such appointments are made- -tefor the sole purpose of carrvina out essential functions until the hiring cycle is complete arxand a full -time employee +s- hired: -te- + fills the vacancy or brief absences due to vacation, illness or other short -tern conditions. AmAn employee who fulfills a position in a hi hp er classification than his or her current position for more than 10 consecutive working days on an interim basis shall be paid. additional compensation equal to 5% of his or her current salary. 1.7.4 --4-A.4—Demotion A demotion is the re- assignment of an employee to a position within a lower classification and /or supervisory intervention hasaee been unsuccessful in improving performance, but where the employee demonstrates aptitude and ability to perfonn the essentionessential functions of the 'lob in the lower ealssifieaitenclassification. Demotion necessarily results in the reduction of the employee's salary. A demotion may only take place upon prior written notification to the employee, The employee shall have the right to appeal the demotion in accordance with the appeal procedures set forth i cat on— herein. 2.0 244 EMPLOYEE ATTENDANCE ANA LEAVE Efficient operation of the City requires that all personnel report to work as scheduled and work diliaently at their assigned tasks, Eag"Emplovees is -are expected to be on'time � to 2.1 2.1 Work Schedules 2.1.1 244—Full time Employment All full -time employees are required to work a 4"war40 -hour EveAc -- �workweek, normally 2.1.2 21:2—]Part -time Employment Part-time employees may be assigned to work up io a maximum of 32 hours per week as assigned. Part -time employees are not guaranteed any minimum number of work hours and shall o report to work as specifically_aned. The scheduled days and hours of work shall be assigned by the Department Director to serve the needs of the City. 2.1.3 24 -. &— Breaks and Rest Periods 26 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS and responsibilities. In addition to the designated lunch period, employees may be allowed two periods are non - cumulative and "nay not be combined for purposes of extending the lunch period arriving later to work and/or leaving work earlier. 2.1.4 2- A- ^-- Overtime Work Assignments forth above, the regular work schedule for such em loyees is forty (40) hours per pay week. Under extraordinary circumstances, such employees may be required to work additional hours a'a.ertif. orked - Department Heads are authorized to adiust an employee's work schedule to avoid assigning overtime, Non - exempt employees shall not work either before or after their scheduled hours of work unless they have obtained prior approval as set forth in the provisions of this policy_ Violation of this policy-is-grounds for disciplinar�aciion up_to and including termination. 2.1.5 — Reporting Overtime Work All overtime must be reported on the same date and time that the employee's regular work hours are reported for pavroIl pumoses Such report shall be made on the City's established Payroll Option Form or other means designated by the Human Resources Director. 2.1.6 '.'.6— Compensatory Time An employee who is otherwise eligible for overtime payment under the provisions of this pohcy may elect to receive Compensatory Leave Time in lieu of payment for overtime worked. hi such cases the emDloyee shall indicate on the Paroll Option form or other designated means his or her desire to be credited with Compensatory_ Time rather than paid overtime. Compensatory time shall be given at the rate of one and one -half hour of leave for every hour of overtime worked. Employees rnav accrue a maximum of 240120 hours of Compensator�me. 2.1.7 — — ''�. -7 Emereencp Closings In the event of an emergency situation which requires the cessation of normal City operations, employees will receive notification from the Human Resources Director that employees are excused from work. In such cases, all employees who have not been assigned duties related to managing the specific crises and/or emergency situation shall cease work and report to a safe location. All full -time emplovees who are excused from their duties shall continue to be paid for the duration of the emerReney. Part-time, temporary and /or seasonal personnel who are unable to work as a result of the declared emergency will be paid for hours actually worked on the date of the Citv's closure but will not be paid for hours not worked during the emergency situation. 2.2 ------ 2AS— Accommodating Religious Observances 27 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS The Citv maintains a strict anti - discrimination noliev and does not discriminate against emnlovees on the basis of religion. Any employee who needs a workplace religious accommodation must submit a written request setting forth the accommodation requested, the dates of such accommodation where anplicable and anv other details deemed necessary to assist the City in determining how to reasonably accommodate the request. All reasonable requests will be previdsdgranted, provided that-se-long-as the accommodation does not create an undue hardship and does not impact health and /or safety. 2.3 — F4-.9— Outside Employment to- Completed fomis must be submitted to %��an Resources,_a� __ __ .,_'_. ^�_,_:_. Ffor inclusion in the Personnel File. 2.4 2-.2-- Attendanc&, -T4� and Time Keeping The emlovee time and attendance reserd isrecord is the official record of attendance and hours worked-, each emplo ee must document all hours worked on a daily basis. Each employee must sign his or her time and attendanceherd- atrecord at the end of th�ay period. Such signature are strictly prohibited from falsifying anytim, e and attendance report (i.e. clocking in or out for a co- worker, altering hours worked, etc). Falsification of a time and attendance record is grounds for immediate termination of employment upon the first occurrence. 2.5 2=3-- Holidays The following days are holidays for all full -time employees in the rnunicipal service: 5. Ju1y4 Independence Dav 6, 1" Monday of September Labor Day 9. Friday after Thanksgiving 10. %2 day December 24 Christmas Eve 11. December 25 Christmas Day 12. Birthday After 1 yr continuous service 13. 2 Floating After 1 yr continuous service 28 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Additional days may be designated as "holidays" as authorized by the City Commission. Part -time enarloyees shall not be entitled to Holid4y Pay. Part-time employees will be paid for any hours actually worked on a holiday. Holidav pay shall not be counted as "hours worked" and will not be included in computing overtime in any pay period Bmplol —ees must be on active pay status and/or work their scheduled hours on the regularly scheduled working day immediatelypxior to a holiday and the regularly scheduled working gday immediately following a holiday in order to be eligible to receive holiday PAY, 2.5.1 Holidays on Scheduled Work Day Non - exempt employees who are required to work on their observed holiday shall be grgrted either an alternate day off or shall be paid for the holiday in addition to time worked on that day. 2.5.2 Procedure for Observance of Weekend Holiday When a designated holiday falls on a Saturday, the Friday immediately preceding that Saturday shall be observed as the holiday if Saturdav is not a regular werl< d workday of the depaztment- . If Saturday is a regular work -day for the department.. then Saturday will be observed as the holiday =. When the holiday £alts on a Sunday, the Monday immediately following that Sunday rnayshall be observed as the holiday if Sunday is not a regular werlk-dayworkday of the 2.6 24—Annual Leave Years of Uojnterru ted Service Monthly Accrual Amount of Annual Rate Leave 1 -5 8 hours 12 days - 96 hours 6-14 10 hours 15 days - 120 hours 15-19 12 hours 18 days -144 hours 20 years or more 14 hours 21 days-- 168 hours Annual leave may be taken as earned by the employee subject to the approval of the Department Director. All requests for annual leave must be submitted in writing in advance. The Director 29 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS shall have the discretion to den requested Annual Leave when such requests conflicts with the needs of the Department and the City. Employees shall not be permitted to accrue Amival Leave in excess of the maximum cap set forth above. The minimum unit of Annual Leave that may be charged to a non - exempt employee is %2 hour. The minimum unit of Annual Leave that may be charged to an exempt employee is 4 hours. Annual Leave may not be used to "make up" time missed from work due to tardiness. An employee who separates from the Cit�in good standing with accrued. but unused Annixai Leave shall be paid for such Leave at the employee's current rate of pay. Such payment shall be issued at the time the employee receives his or her final paycheck. 2.7 2 Sick Leave pregnancy, medical or dental appointments and other health reasons. Sick leave may not be used to "make up" time lost from work due to tardiness for reasons not otherwise eligible for the use of sick leave. 2.7.1 26-, I— Accrual of Sick Leave (a) Full -time emplovees shall accrue sick leave at the rate of one day of sick leave for each calendar month or major fraction of a calendar month of continuous service not to exceed twelve (12) days _per. -year. If an employee's start date is on the first through fifteenth of the month, they will accrue one "day of sick leave for that month. No sick leave will be accrued for the month if the employee starts after the fifteenth of the month. Sick leave will be paid at the employee's regular rate of nay. (b) Part -time, seasonal or temporary employees are not granted sick leave benefits. (c) No employee will receive credit toward sick leave accrual for three not actually emended on the job, except for designated holidays, vacation, sick leave, and other authorized leaves with pay. (d) Sick leave shall not accrue when an employee is on leave without pay for more than ten consecutive days. 2.7.2 Accumulation of- Siekof Sick Leave unused sick leave upon termination of employment. 30 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS VVV nVul 1G[LVC GtS 1V11V WJ. VLV✓ ZLIJ VAS IVA V/ L 1 Lo V1 1 A — 251 10 to 15 years of service- 50 %; 15 to 20 years of service — 75%. than 20 years of service — 100 %. 2.7.3 24.3 - - -Use of Sick Leave Sick leave is granted to employees when they are incapacitated from the performance of their duties at the City because of a. a7 -ihe employs own sickness or injury: b b —Pre nancy or prepnanev- related complications of the emmloyee or employee's spouse; e.—Serious illness or death in the employee's immediate family(mother. father, brother, sister, spouse, child, grandparent, or domestic partner (significant other) that requires the G. presence of the employee; d. d— Attendance at medical or dental examinations of the employee, employee's spouse or children: or C. e: —Any reason that qualifies for €Family and Mrnedieal lLeave. Sick leave will not be granted to an employee who is not available for scheduled work because of a reason unrelated to health or medical needs as described in the policy. 2.7.4 '.` : ReAOrtin Sick: 1. 4-.—When the need for sick leave is unforeseeable an emplovee requesting sick Ieave attempts should be made to report such absence before the beyinning of the scheduled work period for which the employee is reauestinr sick leave so that duties can be realigned in an orderly mariner. 2 2 —Where the need for sick leave is foreseeable, the employee should complete a leave request form in advance of the requested leave, indicating the reason for leave and the expected date of rehuYi. 3 3—An employee's failure to submit a leave request form or to noti his or her immediate supervisor will result in loss of compensation for the absence and may be grounds for disciplinary action an to and including termination. 31 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 4. 4 —In all cases, an employee on sick leave is responsible for keepin2 his or her immediate supervisor informed re ardina his or her anticipated return date. A certificate signed by three (3) workdays when the human Resources DewatrnerAirector and /or Department I-lead so directs. The City retains the right in all cases of reported illness to require that the employee to be examined by a reputable physician of the City's selection at the Citv's expense. Failure to provide such documentation or to submit to an examination, when required by the City, shall result in the loss of compensation for such absence and may be mounds for disciplinary action, tto and including termination. 5. 3—When an employee is on sick leave for more than three (3) consecutive days, the employee's department must notifv the ffuman Resource Department in writing of the reason for the employee's absence. 6. f. Employees taking more than two (2) days of sick leave for reasons other than their own illness must obtain the specific approval of their Department Director, who will consult with the Human Resources Director: 7. Employees taking leave for reasons that also qualify for Family and M- edialMedical Leave are required to also apply for and exhaust such Ieave. 2.7.5 ' Abuse of Sick Leave Abuse of sick leave includes, but is not limited to, using sick leave for a non - qualified reason, excessive use of sick leave, to follow appropriate procedure for timely reauestina sick leave, failure to submit a doctor's note when required: or other failure to follow the spirit and directives of this policy. Abuse of sick leave will subiect the employee to discinlinary action up to and includ.in,Q termination of emplo ment. 2.7.6 -- l— -6 -- Return to Work The City reserves the right to require an emplovee returnina from sick leave to provide a statement from the treating _ph sician releasing the emploee to return to work. The employee shall be responsible for obtaining the release at his or her own expense. The City reserves the right to refer the employee for examination by physicians of its choosing at its expense for additional opinions concerning the employee's medical fitness to return to work. 2.7.7 Conversion of Sick Leave Employees who have not utilized more than thirty -two (32) hours of sick leave within a consecutive twelve (12) month period and who have a sick leave balance greater than 36 dam X288 hours) shall be eligible to convert up to 4 days (32 hours) of sick leave to annual leave, provided that the emi)loyee retains a sick leave minimum balance of 288 hours. 32 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 2.8 City Wide Shared Sick Leave Proaram Occasionally, extraordinary and unavoidable circumstances may arise which render an employee unable to report to work due to an extended non -work related illness or injixry and Ior catastrophic circumstance. In such cases, where the affected employee has exhausted all paid leave time in his or her individual account, lie or she may be eligible to request and use sick leave donated by fellow emolovees to remain in pay status during the absence. All such requests and donations must comply with the provisions of this policy. Requests to receive donated leave time must be completed in writing and nd shall specify the nature of the illness injury and/or eatastrophic medical emeraeney that requires the use of donated leave and the expected duration of the condition. The employee shall be required to aunly and receive approval for Family and Medical Leave Act Leave ffMLA Leave ") to be eligible to use shared leave under this policy. The employee's Department Head and the Human Resources Director must approve the request prior to review by the Sick Leave Donation Committee. In reviewina such request, consideration shall be given to the designated emplovee's previous leave histoa and the nature of the illness, injury, or catastrophic medical emer ency. Request for use of Shared Sick Leave may be denied to emplovees with a history of excessive use of sick leave as determined by the Department Head Human Resources Director and/or Sick Leave Donation Committee regardless of the nature of the illness, iri ury, or catastrophic medical emergency for which donated leave is requested. Upon approval of the leave application requests, the Human Resources Department shall notify forms will —beare available in the fluman Resources Department—. A41 dena- iensAll ncustdonations must be made freely and voluntarily by the individual employee. No employee may solicit or request donations under this policy except for authorized personnel from the O liee- of- Hurnan Resources .Department. Any employee who makes a request outside of the provisions of this policy shall be subject to disciplinary action. Any employee who has received approval for use of shared sick leave who solicits or causes another to solicit leave in violation of this policy shall have said approval revoked and shall be ineligible to submit a request under this )policy for twelve (12) months from the date of such revocation. As donor forms are completed they shall be forwarded to the Human Resource Department. Donated time will be credited to the absent emnloyee, as needed, In the event of excess donations received but not used due to the employee's early recovery, resignation retirement, or death any d r RGxo f��v u# n unutilized donated hours; will be placed in a Sick Leave Bank Reserve to be utilized ferto fulfill future reguest. A maximum. of 400 hours of donated leave time will be aaeermitted er individual request, An employee may request donated sick leave once during a consecutive twelve (12) month period. Employees Jh: ���-time -may donate up to a maximum of 80 hours of accrued leave per individual request. 33 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Time donated for this purpose will not be considered "sick leave used" during the p rf a ratiMerformance- rating period. 2.9 —' — Famiiy and Medical Leave Act (FMLA) The City offers leaves of absence in accordance with the Family and Medical Leave Act of 1993 ("FMLA") and the FMLA expansion under The Support for Inured Service Mmembers Act of 2007 All eligible employs shall be entitled to a maximum of twelve weeks of unpaid 'ob- p_rotected leave during a twelve month period for qualifying reasons under the procedures set forth herein. Employees are eligible for up to 26 weeks of job- protected leave in a 12 -month period to care for a service member who is injured or ill with an active duty service connected jA:Lum or illness. 2.9.1 2,4— Requirements for Eligibility To be eligible for FMLA leave, employees must meet the following regnjrements: a. Employed by the City for at least 12 months and have actually worked at least 1,250 hours during the 12 months immediately preceding the start of FMLA leave- Annual Leave Sick Leave or other authorized leave are not included in calculating the minimum hourly requirement. b. Except when leave is unforeseeable, the emplovee must provide the City at least 30 days advance notice of requested leave by obtaining and con leting the Employee Request for FMLA Leave and Certification of Health Care Provider (available from human Resources}—. In cases where 30 days notice is not possible notice must be given as soon as practical C. For leave involving the serious illness of the employee. pouse, child or parent, medical certification is required-. Failure to provide advance notice and medical certification when required can result in leave being delayed for up to 30 days or d. When certification of a medical condition is required the employee should ensure that the certification contains the date when the condition began; its expected duration; a brief statement of treatment; a statement that the emplovee is unable to perform one or more specified essential functions of the employee'sposition or a e. The City reserves the right to require a second opinion of any medical certification provided by a medical provider of the City's choice at the City's final. 34 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 2.9.2 FMLA ?.'n'— ®ualifyinIz Events d- tarxrily as d Medical Aeasons meet with the Human Resources Director. In eneral eligible employees are entitled to FMLA. Leave for one or more of the following qualified family nd/or medical reasons: a. Preenancy, birth of a child. and to care for a newborn; b. - Placement of a child through adoption or foster care and to care for the newly placed child• a To care for an employee's seriously ill parent, spouse, or child under the a e of 18 -. (A parent may also request time for the serious medical illness of child who is older than 1$ and "incapable of self -care because of a mental or physical condition .'J` d. When the employee's own serious health condition makes the employee unable to work;. e. A covered family member's active duty or call to active duty in the Armed Forces (spouse. son, daughter or parent) in support of a contingency operation for the purpose of attending certain military events and related activities. arranaine for alternative childcare, attending certain counseling sessions. attending post - deployment reintegration briefings and additional activities not encompassed. in the other categories. but agreed jg b the employer and employee connected iniury or illness. 2.9.3 —WA-Calculation of Leave Period The 12 -month period during which the employee may take 1.2 weeks of FMLA leave is a_ _rolling 12- In period starting with the date the enaloyee first uses medical leave. Each time an employee takes leave, the City will compute the amount of leave the employee has taken under this policy in the Iast 12 months and subtract it from the 1.2 weeks (or 26 weeks for the care of an iniured or ill service member) of available leave, with the balance remaining being the amount the employee is entitled to take at that time. In certain cases the City may intermittent use of the twelve (12) weeks of familyoor Director and the Human Resources Director. In the event that intermittent leave is approved, the employee shall be required to notify his or her supervisor each time leave taken is for FMLA Purposes. 9 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 2.9.4 --4.7- Pay During FMLA Leave An emplovee must use any accrued Annual and Sick Leave during an approved FMLA leave, If an employ's accrued Annual and Sick Leave is exhausted but the employee is still eligible for additional leave under the FMLA. the remainder of the employee's FMLA leave will be unpaid. All leave time runs concurrently, with onlv a total of 12 weeks allowed under FMLA (or 26 weeks for the care of an injured or ill service member). Employees who are on approved. FMLA Leave retain the right to apply for use of the Shared Sick 2.9.5 Continuation of Benefits: An employee shall be entitled to maintain group health, dental, vision and supplemental insurance coverage on the same basis as if he /she had continued to work at the pay during periods of paid leave. If the employee's leave is unpaid, payment must made either in oerson or by mail to the Finance Department by the first day of each month. If the employee's payment is more than thirty (30) days overdue, the coverage will be dropped for non - payment of Rremium. If the en�loyee informs the City that he /she does not intend to return to work at employee's insurance premiums during the leave period. If the emplovee contributes to any voluntary insurance plans, the City will continue makina payroll deductions to cover premiums while the emplovee is on paid leave. While the emplovee is on unpaid leave the Citv will request that the employee continue to make those pa ments along with the other insurance premium payments: If the employee does not continue these Raymems the voluntary coverage will be dropped for non - payment of premiums. 2.9.6 '" I Rcinstatement Rights Upon return from FMLA Leave, employees will be reinstated to their former — Kgy_personnel as described by the FMLA may not be entitled to reinstatement to the same or muivalentLposition, particularly where restoration to such employment may cause substantial and grievous economic injury to the City. 2.9.7 --W.-7 --procedures for Requesting Leave Re uests for FMLA leave must be submitted, in writing on the appropriate form, to Human Resources with aaefoeriaterequired medical certification for approval or disapproval. The forms 36 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Following confirmation that the employee is elivible for FMLA leave. the 9€hee -of -Human Resources Department will submit the form to the emaloyee's Department Director for his / her approval. The fullv am)roved form must be returned to Human Resources for appropriate recording of the FMLA leave period in the am to ee's personnel file. Please direct any questions re ardin FMLA to Human Resources. While on leave, ernpl vees maybe neauestedrequired to report periodically to the City regarding the status of the medical condition and their intent to return to work. Employees will be advised of any such requirement during their leave. 2.10 Z -A Bereavement Leave Leave with pav will be granted in the event of a death in emplovee's immediate family. In accordance with the limitations set forth herein -. For gurposes of bereavement leave, immediate family v4l -�ed- asincludes wi -er-- d pouse, domestic partner, grandparents, parents, children, stepchildren, grandchildren, step grandchildren, brothers, stepbrothers, sisters, stepsisters. father -in -law, mother -in -law, brother -in -law and sister -in law. A maximun of four A ffi da, s ma be granted for a death in the immediate family. Two (2) additional days of leave may be granted if travel in excess of 250 miles is required. Proof of death in the immediate family in the form of a cop�of the death certificate or published obituary must be provided with the approved leave form before compensation is approved. 2.11 2.9-- Military Leave The City complies with the Uniformed Services Employment and Re- employment Rights Act of Leave may be granted fora period of two (2) years, or for such time less than two years that the employees remains in active duty military service. This time period is subject to extension as provided in USERRA.- Employees who belong to the Florida National Guard or i3US Reserves are entitled to an annual paid leave of absence of up to seventeen (17) working days for required training, without loss of vacation and/or leave time in any one annual period pursuant to Florida Statute Chapter 115. 2.12 2.30 -- Domestic Violence Leave 37 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Any employee who has been employed for at least ninety (90) days and has actually worked at least three hundred and eight (308) hours and is a victim of domestic violence or who has an immediate familymember who is a victim of domestic violence is eligible for up to #ivethirty (303) ealefAa"ays of unpaid leave from work in any consecutive twelve (12 ) month period to_patiicipate in activities resulting from an act of domestic violence. 2.12.1 240.4—Determining eligibility Covered activities include, but are not limited to, the following: a. Seeking a protective order• b. Obtaining medical care or mental health counselin to address physical or sycholocal injuries resulting from the abuse; c. Obtaining services from a victim - service organization, such as a domestic violence shelter or pra ram or a rape crisis center. d. Making the employee's home secure from the perpetrator of domestic violence or seeking new housing or relocating to escape the perpetrator; e. Seeking legal assistance regardina the act of domestic violence; or f. Attending and/or preparing for court related nroceedinas arising from the act of domestic violence. 2.12.2 Procedures Except in case of imminent danger to the health or safety of the employee or of a family Upon approval, the Director of Human Resources will notifv the affected Department Head that the employee s approved for unpaid leave. Information relating to the employ's leave under this uolicy is strictly confidential and the reasons for such leave is exem tp from disclosure except as required by law. Following apmval of leave pursuant to this policy, all leave applications shall indicate "no pay leave" without the requirement of further explanation. Unauthorized disclosure of information in violation of this T)olicy is2rounds for disciplinary action up to and including termination of employment. 2.12.3 240-3—Definitions U.] CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS :Domestic violence means any assault aggravated assault. battery aggravated battery, sexual assault sexual battery stalking aggravated stalking kidnapping false imprisomnent or any criminal offense resulting in physical inlury or death of one family or household member by another family or household member, Household member means spouses fonuer spouses, persons related by blood or marriage persons who are presently residing together as if a family or who have resided together in the past as if a family and pazsons who arearents o£ a child in common rardless of whether the by aye been married. Except £orpersons who have a child in oommon, the £amity or household member must be currently residing or have in the past resided together in the same sz'nglg dwelling unit. Immediate family meansz€� ��r husl3andspouse, domestic partner, grandparents, Victim means an individual who has been subjected to domestic violence. 2.13 244—Jury Duty /Civic Leave Additional leave may be aranted with approval of the City Manager. The employee must pravide documentation from the Court veri£zn the dates of service, confzrznin the employees' attendance, and if applicable, setting forth the amount of payment received prior to the leave approval and compensation. Employees who smear as a witness plaintiff or defendant due to a personal lawsuit or criminal char es must use annual or personal leave for any such absence from work or shall use unpaid leave. Sick leave may not be used as a substitute for other paid leave for purposes included in this policy. 2.14 242--Leave Witbout Pav Leave without pay may be granted for a period not to exceed six calendar months to enable an employee to receive professional or technical training which will improve his or her work skills. All requests for Leave without Pay are subject to prior approval of the City Manager Upon refum from Leave without Pav status, the City will make every effort to provide re- employment in the same position held prior to leave if the osition is still available. If the position is not available, the emulo ee may be placed in another iob for which he or /she is qualified if one is available Nothimg contained herein shall require the City to reinstate the employee. 39 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.0 3.4-1 EMPLOYEF STANDARDS AND PRACTICES 3.1 3.1 Employee Code of Conduct Employees shall conduct themselves in a professionally appropriate manner at all times. Beha-vier- wlichBehavior that is disruptive and/or interferes with the efficient operation of the City or any of its departments will not be tolerated. IND r. 3.2 3.2 Customer Service Policy The City recognizes that customer service and satisfaction is a high griority_Emnloyees are expected to treat citizens visitors, vendors, co- workers- and guest with the highest level of courtesy and sect. Employees are required to devote £ull effoats to resolving customer issues and to conduct themselves in a manner befitting the City of pleasant Living. 3.3 3 3-- Employee Safetv The safety of every City of South Miami emnlovee is a matter of crime importance. We consistently strive to keep the City a safe place to work. The City meets or exceeds all applicable State and Federal Ssafety requirements. The City's comprehensive Safes Manual is provided in a separate document. In addition to the rules and regulations contained in the Safety Manual each department shall communicate any specific departmental safety rules and regulations to its emplo ey es. Employees shall study all applicable rules and keep them for future reference in the same manner as the Personnel Manual. Each emnlovee is responsible for his or her safety and is required to comply with all workplace safety rules. Employees are required to exercise all reasonable care in the exercise of their duties to avoid potential iniury to themselves, their fellow employees, and visitors to the City, Employees acting in an unsafe manner or failing to immediately identify, report. or correct unsafe conditions are subiect to disciplinary action up to and including termination. In addition employees who are injured in a work- related accident resulting from a failure to abide by the policies in the Safety Manual and/or established departmental safety rules and regulations may forfeit their entitlement to benefits in accordance with Florida's Workers' Compensation Statutes. Each employee is required to report to his or her supervisor, in writing, any unsafe conditions W, CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS furniture left in an unsafe manner- defective electrical wirier lamps or outlets braken windows - smoking in wzauthorized locations; and objects obstructing entrances andlor exits. 3.4 3: Workers' Compensation Policy Florida's Workers' Compensation Laws fly to all City emDlloyees The ell ibility and leave for a period not to exceed 90 days provided that the employee is approved for lost time compensation under Workers' Compensation Law. Disability leave pay shall be computed on the basis of the difference between the regular straight time earnings of the employee and the benefits paid under the Florida Worker's Compensation Law for a maximum veriod not to exceed ninety (90) days per injury. 3.4.1 Iniun Reporting Requirements All accidents that occur while on duty must be reported immediately to the employee's immediate supervisor and /or department head who shall forwazd the same to the Human Resources Department The report of incmust orh te me h accident a brief swn_mary of the occurrence•- the names and contact information of gray euipnntwitnesses and whether the employee was utilizing required safety equipment at the time of the accident Irmnediately upon report of the iniury the employee will be sent for mandatory post-accident drug and alcohol testing In the event the accident occurs after hours the Human Resources Department must be immediately notified via telephone of the accident. After -hours on -site testing will be authorized in such cases. Any emloyee who fails to immediately report a work place accident will be subiect to approriate disciplinary action up to and including tennination of employment. Employees failing to resort iniuries within one (1) hour from occurrence of such injury will be excluded from any disability leave pay benefit under this policy. Additionally, the employee may be disciplined far failure to comply with the workers compensation procedures. 3.4.2 3.4.2 Return to Work Program The City believes that it is in the best interests of the City and its employees to permit workers who sustain iniuries during the course of their employment to return to work as soon as practicable. Therefore, the City makes every reasonable effort to acconnuodate bona fide functional limitati ons with trarasitionallli hg t duty assignments. 3.4.2.1 1Cliglbility for transitionalAigbt duty, Emplo ees are eligible for transitiordlight duty assignments if the following criteria are met: a The employee sustains an injury or illness on the job; and 41 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS b, The injury or illness causes the employee to be temporarily unable to perform the essential functions of his or her regular position with a reasonable accommodation, but does not cause the employee to be unable to perform work otherwise available at the City; and C. The emplovee's functional restrictions have been established by the authorized treating physician under the City's Workers' Compensation Managed Care policy; and d. The transitional /lipht duty assignment complies with the established functional limitations. 3.4.2.2 -3A42-Duration of Transitional Duty The employee will be assigned to perform transitional duty for a period equal to the employee's period of rehabilitation or for ninety (90) calendar days, whichever peed is shorter. The ninety- Transitional /light duty assignments are not permanent positions. 3.4.2.3 3 "? XRefusal of Transitional Duty An employee receivinR workers' compensation benefits cannot refuse a transitional duty or unless supported by a certification from a medical provider supporting FMLA leave if the employee refuses a transitional duty assignment without such documentation, any workers' compensation benefits will be terminated: as allowed by law. and the employee may be subject to disciplinary action up to and including tenmination from employment. 3.4.2.4 3-.4" Outside Employment: —No employee is permitted to hold any employment other than employment with the Cites including self- employment, while working in a light duty capacity with the Citv without obtaining prior written approval from the Cityana eg r. Violation of this provision may result in reduction or loss of Workers' Compensation benefits as provided by law; ineligibility for disability leave pay; and appropriate disciplinary action, up to and including termination of employment. 3.5 3.5 Dress Code As public emplovees and representatives of the City of South Miami. emulovees are reauired to present themselves in a professional manner at all times when on City - business. While climate and custom permit casual work attire yeuemployees must maintain a neat, clean and professional appearance. Employees are expected to exercise common sense and good iudgment when choosing their work attire. 42 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS The following guidelines are provided as a wide to help clarify what is meant by "acceptable" professional casual attire: a Acceptable dress includes but is not limited to sweaters blouses skirts business t- shirts and slacks Skirt length should be no shorter than 3 inches above the to of the knee. Professional stvle open -toed shoes are acceptable. b lnapproDrriate dress includes but is not limited to sweatshirts tank tops t -shirts shorts, spandex items, tennislgym shoes, stiletto heels (over 34 inches high), C. Traditional business attire ma be required for certain meetings presentations, either within or outside the City. For those required to wear a uniform it must be clean fresh and intact when reporting for duty and shall be in compliance with any departmental operating procedures Damage to or loss of uniforms oz any part thereof musC be reported immediately to your supervisor.' 3.6 3 6 fkuttrerired -Use of City Equipment The City of South Miami provides equipment for use by its employees as necessary to perform their iob functions and provide efficient city services. All employees are required to use all City_ issued equipment in a responsible mamaer for its intended purposes. 3.6.1 -- -� 6 =- Internet Use Policy Conmuters computer files the e -mail system and software furnished to employees are the City's property, intended for business use only and must meet standards as specified in this rule. Accordingly this policy applies to all e ployees of the City who have been given access to the City's linternet access and computer network— U ^` ` ° �;.r, ^ " ^`•,. ^ "' :^ ` ^° rnur�ierpa and print sharing 4The primary purpose of 94ghthe equipment and services is to support and enhance the research and infornation capabilities of the City and to encourage electronic communications and sharing of information resources within the City and the public at large:. e mail system, * a nd d fer-- css use- Emolovees should not use a password, access a file or retrieve any stored communication without authorization. C L ..E. L 43 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS All Uuses of the internet computer network, or other information sharing technology must be conducted in a xesnonsible efficient ethical and Ie al mamier -� ^� �~ r t nditie R Sri mess witlr -The employee bears the bur4en- responsibility ngupen the- usef-to inquire as to acceptable and unacceptable uses prior to such use. 3.6.1.1 Unauthorized Use �eme-e-xamples- e€uUnauthorized intemet and email - usageusage includes, but is not limited to, the follow- are. -as-x lews: 1 Violation of any laws, regulation, departmental or City policies, including State and County odes of Ethics. 2. Using profanity, obscenity or other language that may offensive to another person including the use of the computer for threats, harassment, slander, defamation, sexual harassment, Sexually explicit material may not be viewed, retrieved archived, stored distributed, edited, transmitted, accessed, or recorded using the City's network or computer resources. 4. Political endorsements or the sending of chain letters. 5. Installation of non-approved softwar 4�Irt law Only the Citv Manager or his designee may authorize the installation of software. All software installation must be done by or at the direction of the City's IT Department or consultant. 6. Transmission of any material in violation of federal, state or local law, ordinance, regulation or policy including unlawful or inappropriate communications as stated above, including, but not limited to offensive, intimidating or embarrassing comments jokes, slurs, insinuations, rumors or pictures based on race, sex, sexual preference sexual orientation, religion, color, national origin, or disability. CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.6.1.2 Right of inspection City employees do not have an expectation of privacy in the use of Citissued computer devices mobile telephone devices, and ana other equipment with information sham capabilities. All users are placed on notice that Ttbe City has software and systems in place that can monitor and record all Internet usage —. All employees should be aware that the City's computer system is capable of recording each World Wide Web site visit, each chat, newsnroup or e -mail message and each file transfer into and out of the City's computer network -. The City reserves the right to inspect all files stored in private areas of the City's computer network in order to assure compliance with this rule, The City Manager and/or his designee may review cautioned that Florida's public records laws are broad in nature and that any email sent or received using the City's e -mail system may be subject to disclosure as set forth in the statute. Emulo ey es should not send any e -mail messages that they considerpersonal and /or private in nature that they would not want viewed by2gsons other than the intended recipients. 3.6.1.3 Disclaimer of (Liability The City is not responsible for material viewed or downloaded by users from the Internet, Users are cautioned that included among the massive amount of information on the Internet is offensive sexually explicit and otherwise inaomopriate material— In general it is difficult to avoid coming into contact with some of this material on the Internet even when performing innocuous search requests —. In addition, having an e -mail account may lead to receipt of unsolicited e -mails containing_ offensive content—. Users accessing the Internet do so at their own risk and the City disclaims all liability.. 3.6.1.4 Responsibilitv of ellmployees Employees are responsible for ensuring that their use of City provided computers, mobile 'C C C. Emit, �� JC p• ^.0 C 45 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.6.1.5 Security policy While the City's ability to connect to the Internet offers potential benefits, it can also potentially event that an employee has reason to believe that his or her Dassword has been compromised he or she shall immediately report such suspicion to his or her supervisor and the Cites IT department. 3.6.1.6 Social Networking Polley The City is aware that personal web sites and web "blocs" are prevalent methods of self - expression in our culture. The City respects employees' right to use these mediums during their heir personal non -work time using their personal, non -work equipment. This policy applies to all employees who make web postings that affect the City, its employees, contractors vendors, or citizens. Employees who make anonymous web postings must also comply with this policy, As used in this policy, the term "web postings," includes, but is not limited to, personal websites web "blocs," mutli- nnedia and social networking websites (i.e. Ecebook- Twitter Linkedlm YouTube, etc.} Wikis (i.e. Wikipedia), and anv other web site where text can be posted. Employees are personally responsible for their web postings and solely liable for web postings found to be defamatorv, harassing. an invasion of urivacv, or in violation of any other applicable federal or state law. Emplo ey e web postings may not violate any of the policies set forth in the Personnel Manual or any epartmental polio or r rule. Employees that make web postings concerning the City must include a disclaimer to readers stating that the views expressed are the employee's alone and that they do not necessarily reflect the views of the City_. Employees may not disclose any information that is confidential or proprietary to the City or to anv third party that has disclosed confidential or proprietary information to the City. Employee web postings may not include any City logos or trademarks and must respect ccoyright, privacy. fair use. financial disclosure, and other applicable laws. If a member of the news media contacts an employee regarding an ernplo ee's posting concerning the City.the emplo e must refer them to the City Manager's office for the requested information. ,. CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Employees must uphold the Cites value of respect for the individual and avoid making defamatory statements or disclosure of private facts about City employees, former employees, clients contractors vendors and/or citizens. Employees may not let web postings interfere with the emplo ey e's iob performance. All web postings must be made during non -work hours on personal egui rp Went• Violation of this policy may result in discipline up to and including termination. This policy will not be interpreted to restrict or interfere with any employee's federal or state labor law rights free speech or any whistleblower protections under federal or state law. 3.6.2 ---3-.64.—Use of City Vehicle Policy In the effort to promote efficiency and provide emplovees with the tools and equipment necessary to carry out the essential functions of their lobs. emplovees may be nermitted or assigned to operate City -owned vehicles Employees who operate such vehicles are required to operate the vehicles in a reasonably prudent m naer. The rules set forth in tbis policy are intended as a guideline; em to ees are required to use common sense and good judgment in compliance with both the letter and the spirit of these policies. Operation and /or use of a City vehicle in violation of this policy constitutes grounds for disciplinary action up to and including termination. 3.6.2.1 Ownership and Privacy All vehicles and equipment are the property of the City of South Miami, wlich retains sole right to absolute control of all vehicles. There is no right to or expectation of privacy regarding City_ vehicles, assigned or not assigned. CiiYvehicles are subiect to periodic search and inspection for any and all pumoses Gopies of alI vehicle keys will be maintained by the motorpool in a secure location, Only authorized personnel will b�rovided keys to any City vehicle. 3.6.2.2 Purpose and Use City vehicles are intended for use in comrection with municipal business. Emplo e axe prohibited from using City vehicles for pe rsonal use Only the employee as to the vehicle ox other specifically authorized persons sha21 operate said vehicle Operatoxs of City vehicles must possess and carry a valid Florida license for the class of vehicle they are operating. Employees may not transport any unauthorized passengers in any City vehicle. Employees shall not transport alcoholic bevera eg s or unlawful drugs of any type in a City vehicle. Smoking is strictly prohibited inside any City vehicle. 3.6.2.3 Maintenance and Upkeep of the vehicle (interior and exterior} and all equipmment and tools assi ed to the vehicle. Employees shall ensure that the vehicle they use is adequately fueled at all times. 47 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS At the beginning of each tour of duty, employees assigned to City vehicles shall carefully inspect the vehicle to ensure that it is in serviceable and safe operating condition and is not damaged. This inspection shall include but not be limited to all safety and first aid equipment located in the Pool Supervisor or his or her designee No accessories ore ui ment may be added to the vehicle without prior written, aj)proval of the Public Works Department and no unauthorized sticker, 3.6.2.4 Safety Drivers will conform to all state and local laws and regulations.reQardind traffic and parking and applicable standard operating procedures, whether on or off duty, while operating an assigned vehicle. Employees shall observe all safe drivina practices and display proper courtesy at all 3.6.2.5 Accidents and Theft Any emulo yet e involved in a traffic accident while operating a City vehicle shall immediately consistent with other workplace accidents shall apply to and be followed in cases of vehicular accidents. Any theft of a City vehicle or any equipment from an assigned vehicle shall be immediately re orted to the immediate supervisor, the South Miami Police Department, and the Office of Human Resources. 3.7 --16–.3—Return of City Property Any Eemployeea separating from the City for any reason shall, prior to separation, return all City -owned property and equipment in his or her possession. The cost of replacing any items lost while in the possession of the employee may. in the City's sole discretion, be attributed to the employee as income on his or her final check. In such cases, the value of unreturned equipment may result in increased tax liability the departing employee. The Cijy expressly reserves the right to pursue all lawful action to collect the egyuipment or the value thereof from the employee. 3.8 3,9 No Smoking Policy CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS All City of South Miami buildings and vehicles are designated non - smoking areas. Smoking is prohibited in anypublic building and City -owned vehicle. 3.9 3.S Drag Free Workplace Policy 3.9.1 3-.84—General Policy Statement The City is committed to providing a safe work environment for our employees. our guests, our community and the public. The abuse of alcohol and drugs is a national poem 5a problem, which impairs the safety and health of employees, promotes crime and harms our community. In order to maintain the highest standards of morale, productivity, and safety in our operations, the City has established and implemented a drug and alcohol free wozlace policy. The Policy applies to all employees including part-time seasonal and temporary workers Any violation of the Policy will result in disciplinary action to and including termination of em_ployment. This policy complies with the Florida Drug -Free Workplace Program, as provided in Section 440.101 et seq., Florida Statutes, and the applicable Administrative Rules as amended Thise Drug and Alcohol Workplace Policy and Work Rules require all employees to be free from the influence of illegal drugs and/or alcohol while working or while on City-property this includes, but is not limited to rest periods and lunch breaks). The use, possession, sale, distribution, or manufacture of any illegal drugs, and/or use of alcohol, while working or while on City rp operty ks re strictly prohibited 3.9.2 General Prohibitions All employees are prohibited from being_at work or on Cit�property includin oarkirrg Lots with the presence of any drug or its metabolite as set forth herein, in the employee's bodes A zy employee who has a confirmed positive test of a drug or its metabolite w�a e— Iovels- -Mined herein -will be presumed to be under the influence of the drug and in violation of City Polices The City does not prohibit the use of a drug�escribed medication whieA has a currently accepted medical use, provided: I. The drug is prescribed for the employee by a medical doctor for treatment of a bona fide medical condition; 2. Usage of the drug is consistent with the safe performance of the employee's duties• and 3. The drug is used at the dosage prescribed. It is the employee's responsibility to notifv his or her supervisor when _he_or she has a valid prescription medication which may impair his or her ability to perform at work or when such prescription would cause the employee to test positive on a mandated drug screen Employees in safetv - sensitive or special -risk positions are required to provide their supervisor with such information. CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.9.3 ° z Safe Harbor Provisions We recognize that alcohol and drug dependency require medical supervision and treatment for successful rehabilitation and recovery. Our desire and intent is to encourage any employee with alcohol or drug dependency to voluntarily enter a drug or alcohol rehabilitation program. encouraged to seek assistance and information from the Human Resources Department regarding the Finployee Assistance Program, No disciplinary action will be taken against an employee who self identifies under this "safe harbor" provision provi-de4 hatif the employee complies with all requirements of this section. required to submit documented proof of the successful completion of the program. The employee will be subiect to return-to -work and follow up testing, which shall include submission to random testing for a minimum of twelve (12) months and a maximum of twenty -four 24) months immediately following completion of the proram. Once a violation of this Policy occurs, subsequent use of a counseling or rehabilitation pram on a voluntary basis will not affect the determination of appropriate disciplinary action. non- safety - sensitive position pzssided42atif such position is available and as set forth below. In the event that no such position is available, the employee may be entitled to leave under the Family and Medical Leave Act (FMLA) until completion of the program. Self - identification must be completely voluntary and will not be allowed after an employee has been notified to report for a drug- screen, regardless of the reason for the testing, 3.9.3.1 &.834 —Provisions for Employees in Safety- Sensitive Positions An employee in a safety - sensitive position who enters a substance abuse rehabilitation program will be assigned to a position other than a safer sensitive position, or. if such a position is not available, will be placed on leave while the employee is participating in the program. The employee shall be permitted to use any accumulated sick or annual leave credits before leave Will be ordered without pay.' �a z .3' 'ii .-r'•.'.vi'co-oin -ore . 3.9.3.2 3.$.3.3 Provisions for Employees in Special -Risk Positions Statutes. A special -risk employee who is participating in a substance abuse program will not be allowed to continue to work in a safety- sensitive or special -risk position but may be assigned to 50 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS a position other than a safety- sensitive position or placed on leave while the employee is participating in the program. The employee shall be permitted to use an accumulated sick or annual leave credits before leave will be ordered without pay. 3.9.3.3 x$.33 Rehabilitation Program Requirements If the employee is offered an opportunity to enter into a rehabilitation program and refuses to do required after -care. Failure to successfully complete the rehabilitation program or a subsequent positive confirmed drug test will result in immediate termination. 3.9.3.4 Testing_Policy In order to maintain a drug mid alcohol free work environment and in accordance with Florida's Drug -Free Workplace Program, Section 440.101. et seg. Florida Statutes. as amended, and applicable Administrative Rules all City employees are subject to testing for the use of illegal drugs and unauthorized alcohol consumption as set forth below. 3.9.3.5 3:5.-4:' Pre - Employment Testing Policy designated by the City at the City's expense Any offer of employment for any position in the City's service shall be conditioned on the candidate's satisfactory clearance of the dDrug Ssereen. Any candidate who tests positive for the use of illegal drugs during the pre - employment testing shall be ineligible for employment and shall be deemed to have failed to satisfy the conditions of employment. Further such candidate shall be ineligible for consideration for employment in any capacity in the City for a period of twelve months from the date of the failed Drug Screen. 3.9.3.6 3.5.4.2 Random Testing Poliev The City recognizes that there are some positions in its service vaishservice that involve safety - sensitive functions require possession of a valid Commercial Driver's License (CDL), andl -or irrelevant collective bargaining agreements may set forth furtber restrictions or rules on random dru tg estxngployees who test positive for the use of illegal drugs or the unauthorized use of alcohol shall be subject to disgiplinary action. up to and including termination of employment. Further failure of anv such test shall be grounds for the employee's immediate suspension from active dutv with pay ending final disciplinary action. 3.9.3.7 3:$:4x3 Reasonable Suspicion Testin Polic 51 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS reeuirerecommend that the employee-to report for an aAlcohol and /or Ddrug sScreen. In such cases, the s -Supervisor shall contact the Human Resources Deeartmentirector- and report his or her suspicion and the reasons therefore. Upon confirmation of the existence of reasonable suspicion. the Human Resources Director shall require the employee to report to a testing facility designated by the City at the City's expense. Employees who test positive for the use of illegal drugs or the unauthorized use of alcohol shall be subject to disciplinary action, up to and including termination of employment. Further, failure of any such test shall be grounds for the emplo eel's - immediate suspension from active duty with pay pending final disciplinary action. 3.9.3.8 — - 3.8.4.4 Post - Accident Testing Policy All employees will be subiect to Aaicohol and Ddrug $screening following any on- the -job accident which causes bodily iniury requiring medical attention or damage to property. All such accidents must be renorted to the Office of Human Resources immediately upon their occurrence. such report shall be made not later than one N1 hour from the time of its occurrence. Accidents occurring outside of the City's primary hours of operation shall be reported by contacting the Human Resources DevagmeetDireotor via the designated after hours nwnbers. Upon receipt of any report of accident, the Human Resources Director shall arrange for testing by the City's designated testing facility, or via on -site testing as appropriate. Employees who test positive for the use of illep-al drugs or the unauthorized use of alcohol shall be subject to disclinary action, up to and including termination of employment. Further. failure of any snob test shall be grounds for the employee's immediate suspension from active duty with pay pending final disciplinary action. 3.9.3.9 3.0-45—Return to Duty Testing Any employee who has been suspended, disciplined, and/or referred to a substance abuse rehabilitation program in accordance with this policy will be required to submit to Aalcohol and Ddrug Sscreening at the City's designated testing facility at the City's expense prior to being eligible to return to work. Following the employee's return to duty, the employee shall be subject to random aAlcohol and/or Dr}gdrug 8screenin for vi a period of not less than twelve to and includin termination ermination of employment. Further, failure of any such test shall be rg ounds for the employee's immediate suspension from active duty with pay pending final disciplinary action. 3.9.4 Drug Andand Alcohol Testing Of Commercial Motor Vehicle Drivers required by the Omnibus Transportation Employee Testing Act of 199I, 49 U.S.C. § 31306, and pursuant to all applicable rop cedures and regulations promulgated by the Department of Transportation and the Federal Highway Administration, as well as any additional policy adopted by the City-pursuant to those federal laws and regulations. In cases where the requirements of both federal and state drug and alcohol laws and regulations and/or the City's 52 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Drug and Alcohol Free Workplace Policy znay be applicable, the requirements of federal drug and alcohol laws and re_nzlations will control if a conflict arises between federal law and regulations and the requirements of state law or the Cites Drug and Alcohol Free Workplace Policy, 3.9.5 — Refusal Toto Test The following behavior constitutes a refusal to test under this policy: of a medical reason for the inability_to test. ......................................................................... ............................... ® EngaRin in n any conduct that has the purpose design intent or effect of impeding the testing process. Such behavior includes, but is not limited to, tampering with urine or hair specimens, tampering with testing devices, and failure to provide adequate specimen for testing without valid written documentation of a medical reason for the inability to test. An employee's refusal to test shall be grounds for the immediate termination of employment. An applicant's refusal to test and/or failure to appear, for testing as directed shall result in the immediate withdrawal of the conditional employment offer. Further, said applicant shall be ineligible for employment with the City for a minimum period of twelve months from the date of the withdrawal of the conditional offer. An employee who refuses to submit to a drug test following an occupational iniury which requires medical treatment forfeits his eligibility for all workers' compensation medical and indemnitv benefits in accordance with Florida law. 3.9.6 3 a? —Drug or Alcohol Related Criminal Charges or Arrests Em lloovees are required to notify the Human Resources Department of any criminal drug statute or alcohol related criminal charge or arrest no later than five days after such charge has been filed EMD10VeeS in positions which require driving a City vehicle or a personal vehicle on City business must notify the Human Resources Department of any alcohol or drug related arrest (e-g -- including but not limited to Driving while Under the Influence) on the next workday. The City will take appropriate action with r�ect to an em loyee who is so charged which action may include transfer to another position and/or discipline. Emplovees are required to notify the Human Resources Department of the outcome of all criminal drug statute or alcohol related criminal charges no later than five days after any change in status of such charges This includes notification of all final dispositions, including, but not limited to a conviction a plea of guilty, an adjudication of guilty plea of polo contendre an adjudication withheld, an acquittal. or a dismissal of the charges. The City will take appropriate disciplinary action against such employee within thirty days of receiving notice of the final disposition of such criminal charges. 53 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 54 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.9.5 — Q ° '" Challe`n `eP'o'st�ve 3ru7 est2esults 55 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.9.9 34 40 -wkia wailective Bar a nuig Ae `es»1'en'ts 3.9.10 L 1I.A.x-1- Confidentiality and Records Maintenance Confidentiality of records concerning drug testing pursuant to the Drug and Alcohol Free Workplace Policy will be maintained in accordance with Florida law. All information, information or records will be released unless written consent, si aed byaaethe employee or iob disclose such information when relevant to its defense in anv civil, disciplinary or administrative 56 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS hearing. The City will maintain records conceming drug testing separate and apart from a Job applicant or employe�nel file Information on drue testing results will not be released in any criminal proceeding except as required b law.: IOU 57 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS . . CS 070- s ! �('APCSS'htfS 58 -1 Iff CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS I Rem t, ; ., A - • �. pp 59 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.10 'Workplace Violence Policy The City of South Miami regards the safety and security of its employees and customers as one of its highest priorities. Accordingly, (teats (direct or implied), threatening behavior, acts of violence, as set forth in this voliey, against an employee will not be tolerated whether such incidents occur on or off City property. Any employee engaging in such conduct shall be subject to appropriate disciplinary action. up to and including termination of employment and, where warranted. criminal prosecution. Any employee who is aware of conduct or statements that potentially violate this policy is regard as potentially violatiog this policy are required to report their observations. Employ should not attempt to determine whether the employee en a ins in the conduct or making the statement is "serious." The City regards any and all such statements or conduct with the utmost seriousness. No employee will be disciplined or otherwise retaliated agar, inst for making a factual report r�arding conduct or statements which appear to violate this policy or for cooperating in any investigation arising from such allegations. 3.11 Anti - Discrimination and Harassment Policy origin, disability marital status. age, genetic information or sexual orientation. The City has a zero tolerance policy for all forms of discrimination or harassment. Therefore, the City prohibits discrimination against and harassment of individuals or grams based upon race. Bender, religion, color, national origin,, disability, marital status. age, genetic information, or sexual orientation. The Citv will not tolerate any form of offensive conduct that bas the effect of severely interfering with an employee's work performance, severely interfering with a visitor's ability to transact his or her intended business, or creating an intimidating or hostile environment in violation of this policy. The City will not subject employees to adverse terms and conditions of employment which violate Title VII of the Civil Rights of 1964 (Title V11) The Age Discrimination in Employment Act of 1967 (ADF_A), Title I of the Americans with Disabilities Act of 1990 (ADA ), and applicable state and local laws prohibiting emolo aynent discrimination. Acts of discrimination or harassment in the workplace or at City- sponsored events, whether such acts occur on or off City -owned property are expressly prohibited. This policy applies to all terms and conditions of employment. Failure to adhere to this policy will result in appropriate disciplinary action, up to and including termination of employment. [117 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.11.1 —3404—E mployment Discrimination Defined Employment discrimination refers to the disparate treatment of individuals or roups in the terms conditions and benefits of employment based upon their membership in a defined protected class Therefore, discrimination occurs when an employee suffers an adverse (negative) employment consequence because of his or her protected status. Terms and condition of employment include but are not limited to hiring. promotion disciplinary action layoff, compensation, and termination. 3.11.2 - 3' ".' Harassment Defined Prohibited harassment includes verbal or physical conduct that defames or shows hostilit toward an individual or group because of their protected status that creates or is intended to create an intimidating, hostile or offensive working environment interferes or is intended to interfere with an individual's work performance or otherwise adversely affects an individual's emplo i ent opportunities Harassing conduct includes, but is not limited to: ® Epithets slurs. ne ative stereotyping, or threatening, intirnidatizi�or hostile acts, which relate to race color, religion, gender, national origin, ape, genetic information, or disability. ® Written or graphic material that defames or shows hostility or aversion toward an individual or group because of race, color, religion, gender. national on in, age. genetic information or disability and that is placed on walls, bulletin boards, or elsewhere on the Company's premises, or that is circulated in the workplace. 3.11.3 . . Reporting Procedures An eiployee who believes he or she has been discriminated against and /or harassed shall immediately report the occurrence to his or her department head, the Human Resources Director, harassment. The initial report may be made either orally or in writing. _ All oral complaints will be reduced to writing and the complainin erployee shall be required to review and sign an accurate written account of his or her complaint. In the event that the employcc refuses to reduce his or her comWaint to writing the recioient of the oral report shall document the date of the report, a summary of the facts, and indicate that the complainant declines to sin. A copy of the report of oral complaint shall be placed in the appropriate pre - investigation file 3.11.4 Investigation Procedures All written- complaints under this policy will be investigated by the Human Resources Director or other individual designated by the City Manager. Upon receipt of the allegations, the accused yartywill receive notice of the charges and the impending investigation. He or she shall be 61 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS entitled to review and receive a cosy of the written complaint, to present evidence, statements and witnesses in his or her defense. The investigator shall interview and obtain relevant information from any and all persons who may have knowledge of matters relevant to the complaint or the rebuttal of the complaint. All witness statements are strictly voluntary. Ln addition to access to witnesses, the investigator shall be entitled to review all relevant sections of tIae personnel files of the complainant and the accused and any other available, relevant documentary evidence. Upon conclusion of the investigation. the investigator shall submit a written report of findings and recommendations to the City Manager addressing the alleagtions in the complaint. The investigation will be concluded within ISO calendar days of the receipt of the written complaint. This peiiod may be extended by the City Manager for an additional 30 days, upon a showing of substantial need. The complaining -arty shall be provided written notification of any extension so granted. 3.11.5 7 y" v Discinlinary Actions violation of this policy. The City Manager shall impose appropriate disciplinary action up to and including termination of employment. 3.12 1 "d Anti - Retaliation Policy The City of South Miami does not retaliate or discriminate against any of its employees or Further, the City does not retaliate or discriminate agahist annv employee because the eni2loyee has: 1. Disclosed, or threatened to disclose, to any appropriate govenunental agency, under oath, in writing an activity. nolicyr practice of the emvllover that is in the violation of a law. rule or regulation; 2 Provided information to or testified before any appronriategovernmental agenev person, or entity conducting an investigation, hearing or inquiry into an alleged violation of a law, rule. or regulation by the employer; 3. Objected to, or refused to participate in, any activity. policy. or practice of the employer that is in violation of such law, rule or regulation. 3.12.1 3444 — Complaint Reporting Procedures: 62 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS and /or the Citv Manager. An investtation and a written report of findings will be undertaken and completed within 1 80 calendar days. Any director, manager supervisox or other emplovee who- -iswho is found to have retaliated against another employee will be subject to appropriate disciplinary action no to and including termination Employees are cautioned that they may be terminated for violating_ the anti- retaliation policy even if the underlyin allegations of discrimination are unfounded. 3.13 3.13 Political Activity City employees should be free to engage in political activities provided they are able to do so consistent with their obligations as an employee. Employees may not use their position as employees of the City to exert political influence of any type or kind Employees are prohibited from engaging in any political activitvthat is prohibited by the ethics laws of the State of Florida and /or Miami -Dade County. Many kinds of political activities are consistent with effective service as an employee of the City Such activities include holding part -time office in a political party or seeking election to any office under circumstances that do not interfere with an employee's availability to perform his or he�ob re�onsibilities including but not limited to those positions that do not require extensive campaigning, or serving by appointment or election in a part -time political office. Other kinds of political activity such as intensive camoaiLyning for elective office or serving a limited term in a 3.14 Conflict of Interests No employee shall: ® En age directly or indirectl iv n an�ess transactions or private arrangements for profit that acmwarise from or are based upon his or her position or authority with the City. Participate in the negotiation of and /or decision to award contracts, the settlement of any claims or charges in any contracts. the making of loans, ar the establishing of rates, guarantees or other things of value with or for any enfity in which he or she has a financial or personal interest. others. ® Use any Upivefsx fyCity equipment supplies or properties for purposes other than those designated and authorized by City policies and procedures. 63 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 3.15 3:44— Authorized Use of City Nam procedures. 3.16 34.5 Solicitation Distribution, canvassing and placing of signs and posters, chain letters, sales of tickets and /or merchandise of any kind for commercial purposes are not permitted by City employees on City premises during work hours. 3.17 3:1,6— Protecting Confidential Information City eanplo ees frequently have occasion to deal with information of a confiidential nature. Employees are required. to respect the confidentiality of information by not discussing it with anyone except as required in the performance of his or her job duties and/or as expressly required by applicable law, including but not limited to Florida Statute 119. 3.18 ---34-7—Training and Professional Development Employees will be granted time to participate in these activities upon prior approval from the supervisor and /or department head. All approved training time shall be considered paid work time. The City may pay fees and costs associated with the attendance subject to availability of funds and prior approval of the department head and the City's Chief Financial Officer. 3.19 3-'m° Adherence to City Charter grounds for disciplinary action, up to and including termination Of employment. Employees who have reason to believe that a violation has occurred shall promptly notify his or her department head and /or the Human Resources Director rte ;� gamin writing. Such statement shall identify �pecific alleged violation, including a statement of the facts that lead the employee to believe a violation has occurred and the identities of the individuals suspected of committing such violation. Upon receipt of such notice, the City =Paan e ' not', ha �� �r� ^�F� ' 0� na '-� a�fxs: ' 1p citu 6 401 y Human Resources Director shall investigate all complaints and shall provide a written report of findings and recommendations to the City Manager within not more than 180 calendar days from the date the complaint is received. voce mo CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS i a- 'diflla = .haS- BC- ei3J.� %N.'52�kt tl#0 -�ndi3 - srnTn(3nd,3tiz.��— ..° �ulE The City " w f fi ~~""Manager shall make the f i n a l determination whether any employee has willfully violated the City Charier, Ordinance, or Resolution. 3.20 349—City-Wide Emergencies/Reporting Procedures necessary by the Cif Manager or his or her designee. During disaster operations it is imperative that all personnel follow the maidelines outlined in the threat. Personnel will report for duty during disaster operations as directed by the Department Head All personnel called to duty shall be given a specific reporting time allowing reasonable time to make arrangements for the safety of family and personal property. Persomnel may be recalled to duty based upon the type and severity o£ the emergency Employees who £ail to resort for duty as directed may be subject to disclinary action up to and including termination of emoyment. Personnel will be assigned to duties as outlined in the Hurricane Preparedness and Recovery plan or other applicable disaster management guidelines and shall not leave their assigned post unless relieved by the Department Head or other appropriate author'ty. Linder emergency conditions City employees who are exempt from the overtime provisions of the Pair Labor Standards Act that are on duty in excess of forty (40) hours per week may be cgMpgmated above their regular salary _at the direction of the City Manager. 4.0 4. 0— PERT 'ORMANCE1GA+tiUWT18NSMANAGEMENT City enforces a comprehensive performance management process comprised of performance latming ongoing coachinry and counseling and the performance evaluation process. 4.1 Planning Supervisors shall establish measurable goals and objectives for the individual employees under meeting the City's mission. These goals and objectives should be discussed with the employee on an annual basis during the evaluation period and throuahout the Year as needed. 4.2 4.2 Coaching and Counseling 65 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Coachinpand counseling should be provided to ernployees on an on. -going basis to assist employees and supervisors in identif ing areas of particular strength and evaluating the need for performance improvement. A performance based coaching and counseling does not constitute a disciplinary action under these rules. 4.3 Performance Evaluation The Performance Evaluation documents how well the employee has met the expectations defined and supports decisions to retain, promote or give may increases demote, or dismiss an employee for performance based reasons. An effective evaluation requires an honest, thoughtful assessment of an employee's efforts during the course of the evaluation period. It is an opportunity to praise the eznplo�e for the thus he or she does weir and provide an opportunity to improve on any areas of weakness. Therefore, all erformance atin s must be supported by specific. objective facts. Performance evaluations shall be completed by the immediate supervisor on the City's approved Evaluation instrument. The immediate supervisor shall provide the draft evaluation to the Department Head for review and approval. The Department Bead shall forward the evaluation to Human Resources for review prior to discussion with the employee. The approved evaluation and any required Performance lmprovement Plan (PIP) shall be reviewed and discussed with the employee. The employee shall have the right to submit any comments and documentations he or she may have regarding. the evaluation. The employee is required to sj the evaluation to show that he/she has read, discussed and received a copy of this document and any attachments: The employee's refusal to sign the evaluation will not invalidate the evaluation nor a resulting personnel action based upon the evaluation. 4.3.1 —4Y f Evaluations for pProbationary eEmplovees All probationary employees shall be evaluated upon the completion of six months of service. This interim evaluation shall document whether the employee's current performance level is satisfactory. identify areas of needed improvement and additional training needs, and set perfonn Luce goals which must be achieved for satisfactory completion of the probationary period. A final probationary evaluation shall be completedrrior to the employee's one -year anniversary date and a recommendation shall be made whether to retain the employee. extend the robationary period, or terminate employment. 4.3.2 -- 4.,x".2 -- Evaluations for Classified Employees All classified emplovees shall be evaluated annually on their anniversary date. A current performance evaluation is a prerequisite to personnel actions affecting employee status, position and or salary, including but not limited to any pay increase (regardless of the reason therefore); transfer. promotion, or demotion. A satisfactory performance evaluation does not guarantee that the employee shall receive any pay increase, including merit increases. e;nplE)'YeeSaR– M * We CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 4.3.3 " " I -valuations for Department Ifeads All Department Heads shall be evaluated by the City Manager annually on their anniversary date Such evaluations shall be discussed with the employee. A current performance evaluation is a prerequisite to any pay increase without regard to the reason therefore A satisfactory performance evaluation does not guarantee that the employee shall receive any pay increase, including merit increases. 4.4 4.3 Performance Improvement Plans (PIP) Any classified emplovee who receives an overall performance evaluation which indicates that the employee has failed to perform at a satisfactory level bnt which indicates that perforanance 5.0 --------5-0-- JOSE- SC— R-WT4-0N CLASSIFICATION PLAN COMPENSATION SCHEDULE AND PAYROLL PROCEDURES 5.1 5AThe Classification Plan The City Manager shall approve a Classification Plan which provides a complete inventory of all positions in the City service. The Plan shall be based upon an analysis of the duties and responsibilities of each position Each classification within the Plan will apply to one position or to several positions that perform the same duties and require substantially similar knowledge, skills, abilities, and qualifications. The Plan shall be reviewed regularly and revised as needed. 5.1.1 Plan Administration and Maintenance The day-to-day administration and maintenance of the Plan is delegated to the Human Resources Director. Administration of the i)lan shall include allocation of all new and existing positions to Maintenance of the plan includes: 11 Preparation of descriptions for new classifications as necessary. 2) Preparation of revised specifications for classifications when the duties or requirements have substantially changed. 3) Maintenance of current rob descriptions 4) Recommendations for any revisions additions and/or deletions to the flan. m CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 5.1.2 Use of the Plan The Classification Plan shall be used as follows: event use of "working titles" by departments to indicate areas of responsibility and authority. b. Job descriptions are to be interpreted in entirety and in relation to others in the Classification Plan. Examples given of work performed are not intended to be inclusive of all duties or restrictive to the performance of duties not listed. a The job descriptions shall be used as a nide in recruitment efforts in the probation/annual evaluation. d. The Plan shall be used in detennining lines of promotion and in developing emulovee trainihaa vroarams. e. The Plan shall be used in conducting wage surveys and as a basis for determinin the pay range for each classification. 5.2 Job Descriptions The Human Resources Director is responsible for the maintenance of appropriate job descriptions for each position in the City's Classification Plan. Job descriptions are subject to ep riodic revision. Notice of the revision including a copy of the updated job description. shall be provided to the affected employee, his or her immediate supervisor, and the department head. Each iob description shall contain the following components: 1. Job Title 2. Department/Division 3. Supervisor 4. Approval Date 5. FLSA Status 6. Job Summary 7. Supervisory Responsibilities 8. Essential Functions 9. Additional Responsibilities 10. Physical Requirements where applicable) 11. Knowledge Skills and Abilities 12. Education, Training and Experience Requirements 5.3 5.2 Compensation Plan m3 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS The City of South Miami Conmensation Plan provides and orderlv and equitable means for cOmgensatinQ en1Pl0YeCS on the basis of work performed and erformance efficiency. The City appronriate number of intermediate rates, and a maximum rate from one (1) to six (6). Except as the Wroved Compensation Plan. 5.3.1 New Employees Director new employees may be hired at a rate above the minimum when the employee has substantial qualifications in excess of the minimum reguiE'ements or when there is a shortage of qualified applicants available at the minimum rate. 5.3.2 Pay Rate Upon Promotion such work and who is promoted to that position- is edible to retain the 5% increase. If the present by an increment of 5% above the present salary so lone as it remains within the pay range of the new classification or as approved by the City Manager. If the previous rate does not coincide with a step in the new salary range and is within that range the pay rate shall be adjusted to the next higher step or as�nroved by the CitKManager An employee who receives a 10 %wage increase or more due to a promotion will be ineligible for a Da+ increase until one year from the date of the increase due to promotion. 5.3.3 Pa} Rate Upon Transfer When an employee is transferred to a position within the same iob classification and pay scale, the position 1£ the present salary of the employee to be promoted is at or above the minimum established for the new classification and coincides with the established pay scale, the employees salary shall be increased by an increment of 5% above the present salary so lon as it remains within the pay ranee of the new classification or as approved by the Citv Manager. If the previous rate does not coincide with a step in the new salary range and is within that range, the pay rate shall be adjusted to the next higher step, or as approved by the City Manager. In the event the employee requests and receives a voluntary transfer to a position on a Iower pay scale and the emnlovee's rate of pay in the previous position exceeds the maximum rate established for the new class. the employee's salary shall be reduced to the maximum rate for the new position. In the event of an involuntary transfer for reasons other than a demotiom the employee's rate of pay RD CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS shall remain the same in transfer. All such transfers require the advance written approval of the Chief financial Officer and the Citv Manager. 5.3.4 Pay Rate upon Demotion When an employee is demoted to a position in a lower classification and pay scale and the employee's salary exceeds the maximum Day for the new position, the employee's salary shall be reduced to the maximum pay rate in the new classification. When the employee's rate of pay in the previous class is less than the minimum rate established for the class of the new position, the rate of pay shall be the minimum for the class. if the previous rate does not coincide with a step in the new salary ranee and is within that range, it shall be adjusted to the next lower step in the new classification. When the employee's previous salary coincides with a step on the pay scale for the new classification, the employee's salary shall either remain the same or be reduced by one step based upon the recommendation of the department head as approved by the City Manager. Per 5-3 r b Q • i 5.4 5.4 Merit Raises A classified employee may be eligible for a one -step merit pay increase in accordance with the compensation schedule at the end of each year of satisfactory continuous service. Salary step increases shall not be automatic, but shall be dependent upon a specific written evaluation which supports the proposed pay increase. If approved, the increase will be effective for the pay period on which the employee's annual review date falls. Merit increases are discontinued once an employee reaches the maximum step of any classification page, Under no circumstances should an emnlovee be above their oay ranee; except in the case of longevity increase. An employee shall not be eligible for a merit increase until he or she has cornp_leted at least twelve months of continuous service with the Citv. All merit increases require approval from the City Manager. 5.5 - -5:j -- Longevity Pay Plan The Longevity Pay Plan is intended to create an incentive to retain City employees and to reward employees for continuous, faithful, satisfactory service to the City. Longevity pay increases are awarded on the basis of such service as well as a sustained high level of job proficient and meritorious achievement. T7rere are three longevity pay steps designated in the City Pay Plan . (L- 12�(L -2 L -3). Bach longevity Day will be three percent (3) % above the employee's pay step on the current City Plan. Advancement to the first longevity pay (L -1), may be made when the emnlovee has completed ten (10) years of continuous satisfactory service. Advancement to the second lop eyity pay (L- 2). may be made after completion of fifteen 152 ears of continuous satisfactory service prior to the mar of elieibility. Advancement to the third ion evit�pay_(L -3} may be made after completion of twenty (20) years of continuous satisfactoryservice, Vill CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS In order to receive the Longevity Pay thIoyee must have a current performance evaluation on file that reflects satisfactory Derfozrnance. 5=b �o�pensmt€ enin- x��f�:— �n- ,�eniet��;a,- s�I3+nza ®tiezt 5.6 5.7 Payroll Procedures The City of South Miami gays employees for hours worked and authorized paid leave Emmlovees are not entitled to vavroll advances or to "cash in" accrued, but unused New Vacation Leave In order to ensure the accuracy of each employee's pay. emplovees are required to comply with the -policies and procedures set forth in this Manual. Failure to adhere to these rules may result in errors or delay in the emvloyee's pay. 5.6.1 4,7 Resriousilrili iesTimekee ink Requirements Federal and state laws require the City to keep an accurate record of the time worked by its nan- exem t (hourly) cmployees to calculate em lovee pay and benefits. Time worked is all the time actually §pent on the job performing assigned duties rk hour,. than 15 minutes after their scheduled std time without prior express permission from their Department head. All non- exemp�rourly� employees must accurately record time worked on a time card, or by means established and approved by the City—Manager for payroll purposes. Employees are required to record their own time at the beginning and end of each work period, including before Pilling out another employee's tune card, allowing another emplo ewe to fill out your time card. or altering an t� card will be grounds for disciplinary action, up to and includine termination. Any errors on Your time card or in your paycbeck should be reported immediately to your supervisor who will attempt to pxomptly correct legitimate enors. All employees are raid bi- weekly_ Each pavcheck will include earnings for hours worked through the end of the payroll period. if a regularly scheduled payday falls on a holiday. paychecks will be disbursed on the last workday before the holiday 71 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Direct deposit is the City's orimary method for issuing payroll payments to City employees. Einpioyees must provide written authorization desi Hating the financial institution and account number for the electronic deposit of funds via the City's Direct Deposit Authorization Form. This form is provided to all new employees upon hire and is available from Human Resources. The emolovee's direct deposit instructions will remain in effect until changed or canceled by to emolovee in writing. if they are sick, on vacation or on leave because of inclement weather. Employees may elect to have their net pay distributed to multiple accounts by completing the appropriate authorizations. no associated fees within limits set by the financial institution, regardless of credit history. 5.6.3 5.7.3 Payroll Deductions All deductions from Your pay will be itemized on yozu check stub. Deductions required by law include deductions for applicable federal state, and local income taxes, social security taxes, and Medicare. The amount of the deductions may depend on your earnings an d the information you provide on your W -4 tax form regarding the number of dependents /exemptions you claini. Any change in name address, marital status or number of exemptions must be reported to human Resources as soon as possible, to ensure proper tax withholding and reporting The City also offers benefitsnro rams bond those reguired by Iaw. Eligible employees may voluntarily authorize deductions from their paychecks to cover the costs of participation in these programs. If you have any questions concerning payroll deductions or how they are calculated, please contact the I iuman Resources Department. 5.6.4 - -5.. Deductions from Pay of Exempt Employees The City pays exempt employees under the Fair Labor Standards Act (FLSA) on a "salary basis: ' such that exempt employees will regularly receive each pay period redetermined amount that is not subject to variation due to the quality or quantity of the work performed. Although exempt employees generally will receive apredetermined salary amount each pay peziod the Cite accordance with the principles of public accountability; may deduct from that salary under the following circumstances: 72 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS a. An exempt employee who does not perform any work for an entire work week is not entitled to be paid his or her salary for that week, although the employee may be perMiaed to use accrued benefits under the City's paid time off, vacation, sickness, or disability policy. b. An exempt employee who is absent from work for four or more hours in a work olic to make up foz this reduction in pay_. C, An exempt emplovee who is absent from work for four or more hours in a work week because of sicliess or disability may have his or her nav for that week reduced. nroportionately. The employee may be permitted to use accrued benefits under the City s paid time off vacation sickness or disability policy to make up for this reduction in pay. d. An exempt employee who is absent from work during any work week because of jury duty, involuntary attendance as a witness at a trial or other Iegal proceeding, or temporar . military leave will be entitled to receive his or her full salary for that week. The City may deduct from the enlo epay forte such week any amounts the employee received as iu� £ees, witness fees, or military pay. e. An exempt emplovee who violates safety rules of major si2i ificance may be suspended without pav for one or inor9-full-days in accordance with the City's policy on disciplinary action. f. An exempt employee may be suspended without without for one or more full days for serious violations of workplace conduct roles in accordance with the City's poles on disciplinary action. a. An exempt eir to eye in his or her initial or final week of emp1gyment rugy receive a redixced salary £or that week proportionate to the number of days the employee actually worked. h. An exempt emplovee who takes leave under the Family and Medical Leave Act during a given work week may receive a reduced salary for that week proportionate to the number of days the employee actually worked. The emploveemay be permitted to use accrued benefits under the City's paid time off, vacation, sickness, or disabilitypolicy to make up for this reduction in pay. 5.6.4.1 Complaint Procedure week or weeks the employee should use the following procedure to seek correctiosz of any potentially improper reduction: 73 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 5.6.4.1.1 Notification procedure Any employee who believes that the City has improperly reduced his or her salary fora jiven week should notify the human Resources Director, in writing immediately. Such notice should identify the payroll date or period when the reduction occurred the amount of the reduction, and the reason (if any) for the reduction as indicated on the pay-stub. 5.6.4.1.2 Investigation of complaint The Iltunan Resources Director will investigate all reports of improper salm -y reductions and will determine whether the salary reduction in question was justified. The Hainan Resources Director will communicate the results of this investigation to the employee in writing within a reasonable time after receiving the complaint If the Human Resources Director determines that u1.._ n:a... i..,._ :........_...___t.. __A __A at.,. ....... ♦U— !'.. c.. '7Y ....., nU— i,.....,, 41— 1:01 ensure that such improper deduction does not occur again. If the Human Resources Director determines that the reduction in the employee's pay was justified the em to emay appeal that 5.6.4.1.3 Non - retaliation Neither the City nor anv of its employees will take any action to retaliate against anY employee who complains about an allegedlv immoper salary reduction or who assists or cooperates in the investigation of any such complaint. Notwithstanding the foregoing, any employee who knowingly makes a false complaint or provides false information reaardina any such complaint may be subject to disciplinary action, up to and including termination of employment. The City is committed to ensuring that all of its employees receive all of the pay to which they are entitled and that no employee's pay is reduced without proper justification under the FLSA. All complaints will be taken seriously and will be fully investigated. If you have any questions please contact the Human Resources Director for more information. 5.7 5.8 Overtime Calculations and Pay The City pays overtime at the rate of time and one -half of the employee's base hourly pay rate 40 hours required to receive overtime. Violations of this policy will result in disciplinary action. up to and including termination of employment. � _ 5.8 5:9 Compensatory Time As a political subdivision of the State of Florida, the City may authorize employees to accrue compensatory time off at a rate of one and one half hours for each hour worked in excess of 40 74 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS hours in a workweek_Com ensatory time is in lieu of overtime compensation. All rules pertaining to allowable overtime work are applicable to work in exchange for compensatory time. Employees who are eligible to receive compensatory time must indicate that they are requesting compensatory time on the payroll option form or other designated method of re�c uesti overtime pavnrent Employees may not accrue compensatory time in excess of 120 hours. 5.8.1 Requesting Compensatory Time Off Employees must submit a request to use Compensatory Time in advance of the anticipated absence. Such request shall be granted so Iona as the employee's absence does not unduly disrupt the department's operations. 5.8.2 Payment for Compensatory Time Upon termination of employment, an employee's accrued but unused compensatory time shall be paid at the employee's regular straight -time rate or at the eMployee's averse straight time rate during the three years immediatelyprecedingche termination. �. -.rv— b- rra'- x.- �v�" o" rr�ncv . ^o..= rING-- P- I2S3Ci}3U-R -E i' -ttli£R CCU- Pd6'}'- f:�iSrtSTf;R 6.0 -— DISCIPLINARY ACTIONS AND PROCEDURES 6.1 izogr°essive-Discipline Policy The City recognizes that all employees should have clear guidelines that will enable them to perform their duties with maximum efficiency and to fully understand and appreciate their rights and responsibilities as City employees Any employee who violates these rules and regulations or who otherwise violates reasonable standards of conduct, is subject to discipline up to and including termination of employment. The guidelines below set forth specific kinds of disci 1p inary action that naav be taken in response to employee misconduct. All disciplinary action will be considered on a case -by -case basis to determine the appropriate disciplinary action.When warranted bythe facts, any disciplinary alternative, including termination, m be imposed for a first offense. This policy is designed to serve as a guideline that will enhance employees' understanding_ of the City's general discipline policy. it does not necessarily include all forms of employee misconduct that mayoccur and does not prescribe all forms of disciplinaryactiozr that may be taken. The City expressly reserves the right to impose discipline deemed to be most _appropriate based upon the misconduct 6.1.1 �' ' ' s xsel.:nVerbal Warninlr A verbal warning may be issued by any supervisor in the employee's chain of command_ Verbal warnings are generally reserved for incidents where an employee has engaged in relatively_ minor forms of misconduct. Verbal warnings should be administered during an individual conference with the employee and should explain the nature of the violation and should stress the importance of future compliance with the rules, including a clear warning that continued 75 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS violation will result in more severe disciplinary action. Supervisors should document all verbal warnings, but they shall not be made a part of an employee's permanent personnel file. 6.1.2 64.2 -- Written Reprimand Employees who persist in committing minor offenses for which a verbal waming has been previously issued or who commit more substantial forms of misconduct will be subiect to a written reprimand. A reprimand is a written statement that contains a specific description of the continued misconduct will result in further disciplinary action. up to and including termination of employment. Reprimands may be initiated by any supervisor in the employee's chain of command. The written statement shall be reviewed in person with the employee. Upon conclusion of the conference, the eloyee must be asked to sign the statement to acknowledge that it has been received and discussed. iu the event that an employee refuses to sign. the sipnature of one witness other than the supervisor shall be sufficient to confirm recei nit and discussion. One copy of the reprimand must be given to the employee, while another copy must be placed in the employee's personnel file. 6.1.3 64.-3—Suspension A suspension without pay is imposed upon an employee for repeated misconduct which previously resulted in a verbal warning and/or reprimand or for initial misconduct that is more serious than that for which a warning or reprimand are appropriate. Suspensions may range from a minimum of I day to a maximum of 10 days. A suspension is initiated in writing to the upon which the suspension begins and the effective date upon which the emplovee is to return to active service. The time covered by the suspension must cover working days, As with other forms of disciplinary action, the notice of suspension must explain the importance of future compliance liance with the rules and regulations and include a clear warning that continued misconduct will result in further disciplinary action, uo to and including termination of employment, 6.1.4 64.4— Termination Termination fox disciplinary reasons rmay only be initiated upon recornmendation o£ the employee's department head or the City Manager. Termination of em llownent for disciplinary reasons is reserved for the most severe workplace misconduct ox for those ianstances whexe other, less severe actions have failed to encourage the employee to conform his or her behavior to the expected standards. Termination of employment for disciplinary reasons may occur as a result of one of the following three attp erns: 6.2 of this manual and which call for termination for the initial offense or for successive offenses. (b) The emplovee has failed to meet satisfactorily the terms of a disciplinary probation. 76 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS (o) The employee has within a 12 -month period either received three written reprimands or been twico placed on suspension. 6.2 6.2— Disciplinary Guidelines Table The table that appeals below provides auideline ihat identifies some of the most common £onns of employee misconduct and the smcific kinds of discitAinary action that may be taken in and circmnstances of the offense which maybe more severe than indicated below. This table is disciplinary action. 77 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 78 Termination Termination Suspension Suspension Suspension Termination Termination Termination Termination Termination City nremises Termination "' °- Will m Making false, vicious, malicious statements about an employee, Reprimand Suspension vendor, or citizen Use or Possession of another employee's property without Reprimand Suspension permission Carelessness or Verbal negligence Warning Reprimand Obstructinpera g City otions Suspension Termination Removal of City property from the premises without Termination permission Willful destruction of City property Termination Wasting time or loitering Verbal Warning Reprimand Use of City facilities for If personal use Termination Theft of any Citv Property or funds Termination Violation of any safety rule or safety Practice Verbal Warning Reprimand SQeedin ina City vehieie (Ticketed &traffic Suspension Termination violations Failure to complete repuired time and Reprimand Suspension attendance record Failure to follow instruetious Reprimand Suspension Falsifying official City records Termination Altering time { sheets Termination Sleeping on the Job Suspension Termination Insubordination or disrespect Suspension Termination 78 Termination Termination Suspension Suspension Suspension Termination Termination Termination Termination Termination CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Jature nyx e ��f(app C6}' -t i' n'ti'" 3 z..� �4J1J CnSfl. A.pG �n��.l`T..v itrt Y•...l��Gn�e.:+;, irs rs z tr y ° M i.,, � �S�Z' -9d a Oyu �4w.�e Seeoiiil iJSfonse4i % 'Y'9 ,"..$' �t . �<rl ,o... k ., v.-.? v�'n. Thud F "6, L orttt� a R���CiiSC„��•'. St �'N-'� �Er'- �'� 5,."�'�, K�`�"�i- ^�r�cuT9�" .'�Ktikt li 4e1 '^� Viotation of civil rialtts Suspension ffi Terminafiotz Commission of an offense classified as a Termination felon e y !" TM IIFfi �.�i'n��vrii- vzr.2zia °is 6.3 6.3 Agpeal of Disciplinary Action to appeal from such action the employee must submit a written request for appeal to the Human Resources Director within three business days of notification of the recommended disciplinary action. The Human Resources Director shall conduct an informal hearing regardin the proposed action within ten (10) days of receipt of a timely request for appeal and shall issue a written decision affirming, revoking or modifying the action taken Upon approval by the City_ Manager. the Human Resources Director's decision shall be deemed final. 6.4 —4.4—Grievances The right to grieve any action shall be governed by the employees' Collective Bargaining Agreement. Employees do not have the r�ht to file any grievance except as expressly provided in such Agreement. 7.0 ---7.0 TER1V INATION OF EMPLOYMENT FOR NON - DISCIPLINARY REASONS 7.1 ?.1 No Cause Termination The City is an at -will employer. An employee maybe dismissed from the City service w en in the discretion of the City Manager the dismissal is deemed to be in the Citv's best interest. 7.2 ?–.2— Resignation An em lovee may voluntarily resign his or her em I�oyment by submitting written notification to his or her Department I-lead stating the intent to resign and the effective date of the resignation Employees are xe�jC nested to provide as much advanced notice as possible to assist the Cites wit], its transition planning. The employe or the Department Head must submit a copy of the notice of resiglzation to Human Resources. 7.2.1 Job Abandonment The City requires employees to be present at their assigned works stations as scheduled unless excused Failure of employees to resort to work or to report the inability perform in a timely manner unduly disrupts the City's operation and goal of providing efficient service. Therefore 79 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS any employee who fails to report to work as assigned without notification to his or her department head (or designee) for a period of three (3) consecutive work days shall be deemed to have voluntarily resigned his or her empIo ment. 7.3 7.3 Retirement An eligible Re e may retire from his or her position by submitting written notification of his or her intent to retire to the Department Head stating the effective date of the retirement. Employees are requested to provide as much advanced notice as possible to assist the City with its transition plannin . The employee or the Department Head must submit a copy of the notice of retirement to Human Resources. The employee shall be responsible for the completion and submission of all required forms necessary for the payment of any retirement benefits under any City-sponsored retirement plan, including the Pension and the 1CMA plans. Human Resources is available to rovide assistance upon request. 7.4 7:4 Reduction in Force The City may reduce the number of employees in any classification, division or department whenever it is deemed necessary due to material changes in the duties, the organizational structure, work scheduling, and /or the availability funds. In the event that a Reduction in Force (RIF) becomes necessary, the City Manager shall determine whether such RIF shall be applicable to the City as a whole or shall be applied to particular departments only. In detenninina the order of redaction, all temporary and emergency employees in a classification or department shall be separated first, followed by probationary employees and, finally regular employees. Employees will be removed or reduced in classification or department, in and evaluation ratings, the emplovee with the most recent date of hire will be separated first. The Human Resources Director may require that employees in a Lower classification be separated when emplovees in a higher classification, who would otherwise have to be separated are willing and uQ alined to perform the work of the lower classification at the reduced rate of nay. The names of employees who have been separated due to reduction in force shall be placed on a re- employment list: which shall expire two (2) Years from the date of separation. As openin s occur. employees shall be recalled in the inverse order of separation if an emplo ee does not respond within ten (10) calendar days after the mailing of a written notice of recall, the name of the emplovee will be removed from the re- emplovtnent list. It is the employee's responsibility to keep the Human Resources Department advised of a current mailing address at all threes. 8.0 $.0 -•- -OTHER EMPLOYEE BENEFIXS AND SERVICES The City of South Miami is proud to offer a comprehensive employee benefits pram. As valued emplo ey es, we are pleased to offer to -tier benefits at competitive rates along with other M CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS value -added work -life benefits and a comprehensive wellness program. Emplovees' suagestions are always welcome. Please submit any suaszestions and /or special requests to the Human Resources Office. 8.1 8.1 Group Health Insurance Cif contributes an equal amount of money towards the premiums for the other two options. Employees are required to pay the difference ireiniums between the City portion and the total premium Employees have the option of purcbasing dependant covera e ag t their own expense. Dental insurance is available with a two-tier option. The City contributes a portion of the premium for dental coverage. Vision insurance is available as a voluntary benefit at low cost in addition to the health and dental coverage. The emplovee is responsible for 100% of premiums for vision insurance. A complete explanation of the current benefits and the applicable rates is available from the Human Resources Office. 8,2 - - - -- -Q.'T —Group Life Insurance The Citv provides croup life insurance, including accidental death and dismemberment coverage for 0 of its enxployees Emolovee coverage under this policy is provided in an amount equal to one Year's salary up to a maximum of $50.000 at no cost to the employee. Employees are eligible to purchase additional life insurance, including spouse and dependant coverage at reduced rates 8.3 -- - - -8.3 - -Lonzr -term Disability Insurance covera e up to 100% of salary at reduced rates. 8.4 Insurance The City provides a variety of voluntary supplemental policies for employees. Voluntary Coverage includes but is not limited to Cancer Policies Hospitalization Indemnitv Insurance Critical Illness Policies, Accident Policies, and othez supplemental insurance. 8.5 8.4 COBRA Continuation Rights The City complies with its obligation to provide insurance continuation rights under the Consolidation Omnibus Budget Reconciliation Act (COBRA). Therefore, employees who separate from the City's employment for any reason are entitled to temporarily continue their 0 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 8.6 8 PensiouRetirement Plans geetien 2• City employees are NOT reduired to contribute to the DC 457 however the Cifv will match the employee's eiu -centage of contribution up -to a maximum of seven percent of base salary in an ICMA -RC 401a plan Employees will be eligible to change their respective ICMA -RC DC 457 contribution percentage annually during the Citv's open enrollment process -Seetien -'a• All employees hired on or before September 30, 2011 will have a one -time option to either remain in the City's General Employees Pension Plan or elect to discontinue membership. Feeetien 4 For emplovees to choose to discontinue membership in the City's General Employees Pension Plan employees must provide in writing no later than November 30 20] 1 to the City's Human Resources Department, a letter stating their choice to discontinue membership in the City's General Employees pension plan The letter must state the respective percentage the employee is wishing to contribute towards the ICMA -RC 457 which shall be effective until September 30 2012 -. The effective date of the change is on the first pav period in January 28 t 2012. geet#otr Fr: —The followirra chauzes in the pension are as follows historical data): a. Effective October I I995, the benefit accrual rate ( u "plier shall be inoreased b., Effect ve October 1 1996, the benefit accrual rate (multiplier) shall be increased from 1.8 to 2.0 % (historical data c Effective October 1. 1997, the benefit accrual rate (multiplier) shall be increased from 2.0 to 2.25 %(historical data. d. Effective October 1 1998, the benefit accrual rate (multiplier) shall be increased from 2.25 to 2.5% (historical data) e Effective October 1 7999 the benefit accrual rate (multiplier) shall be increased from 2.5 to 2.75% (historical data). M CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS f Effective October 1 2011 the benefit accrual rate (multiplier) shall be reduced from 2.75% to 2.25% onThe fol(owine chances are applicable to all covered employees who elect to continue in the General Employees' Pensions Plan: a. The definition of Final Monthly Compensation (FMC) is chanced . for future benefit accruals to the average of the final sixty (60) rnontbs of basic compensation but not less than current Final Monthly Compensation as of September 30. 2011. Basic compensation excludes b. The current accrued benefits of General Employees arc frozen and payable under the current tenns of the Plan at the currently defined nonnal retirement date — the later of attainment of ace fifty -five (55 . and completion of ten (I0) years of credited service. Existing emplovees will continue to be eligible to retire at the age of 55 and obtain their respective full pension benefits accumulated up -to the date of the newly approved pension Ordinance revising the normal retirement age asset forth below. Future benefit accruals including increases due to increases in FMC will bepavable at the proposed new normal retirement date — the later of attainment of age sixty (60) and completion often (I O) years of credited servim for future benefit accruals, including increases in the current accrued benefit due to increases in FMC. General employees will receive the supplemental benefit on their current accrued benefit. d. Should the total contribution be actuarially determined to exceed 14 %, the City shall contribute a total a 8.00% and the employee -shall contribute a total of 8 %. For full text, please see Ordinance 16 -08- 1451 titled Pension Plan, 8.7 6 —T: Educational -- eiutliurseers Ineenfive Prograan The City wishes to encourage its employees to continuously improve their skills and abilities in order to increase performance: Accordingly. the City provides an educational incentive program for its employees. Full -time classified employees are eligible to receive the incentive for approved coursework with erades of "C" or better for undergraduate coursework, and grades of " B " or better for graduate coursework per credit hour in an amount enual to one -half of the tuition oni�rate for an ecyuivalent credit hour at Florida Inteznational University (FlU). Employees requastine tuitiozz reimbursement must have a current satisfacton� performance evaluation on file. 83 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS All coursework must be completed at an accredited educational institution and/or an accredited educational program. In order to be eligible for the incentive, the employee must obtain prior approval from his or her Department Head and must demonstrate that the course or plan of study will improve the employee's effectiveness in his or her current position. The employee shall be reouired to refund the City any money paid under this program in the event that the employee terminates his or her employment for any reason within two years of receiving an educational incentive_ payment. The employee shall be required to execute an acknowledpment of this-policy prior to the disbursement of any funds 8.8 --- 8' employee Assistance Program The City of South Miami provides an Employee Assistance Program (EAP) for all employees, includi� their dependents This benefit assists employees and their dependents with personal and family issues including but not limited to stress management. bereavement, marital or family issues financial problems or substance abuse problems Employees are encouraged to seek assistance before such problems negatively affect their personal well -being and rob performance. You may request additional information by contacting the Human Resources Department or the South Miami Hospital Social Work Services Department at 786 - 662 -8106. 8.9 0.0 Employee Rteatifie-ati"Wellness Program The City recognizes that an employee's overall health and well -being directly impact his or her ability to perform at the high level required to be successful in carrying out the City's mission. Therefore, the City provides a variety of programs designed to promote employee's healthy lifestyle. Most of these programs are provided free of charge or at substantial discounts to employees. 8.9.1 Health Fair The City hosts an annual on -site health fair designed to help employees identify risk factors associated with chronic illnesses and preventable diseases. Healthcare providers and vendors provide educational materials and screening at no costs to the employ 8.9.2 Flu Shot Clinic During flu season, the City provides an on -site flu shot clinic free of charge to all enrollees in the City's health plan in an effort to safeguard. our employees from this illness and reduce flu- related absenteeism. 8.9.3 Smoking Cessation Program CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS The City provides a free six -week tobacco cessation proPaam Throtrraan includes nicotine replacement therapies and on -site peer suppor l meetings 8.9.4 Weiaht Watchers at Work Program The City fers the Weiaht Watchers at Workprogram to meet the needs of our employees for healthy weight loss and lifestvle chafes. The new Points Plus+ progz_am is offered on -site, savin our employees tzavel time and gas while inereasingthe convenience of the program. This program is apen to em�lovees family members and friends who wish to participate. 8.9.5 Bariatric Summery Benefit City employees may Qualify for bariatric surgery benefits Re payment must be made via payroll deduction — Dayments must be comuleted within a maximum of four calendar Years (104 pay �eriodsl In the event of separation from employment for and reason (voluntary or involuntary} prior to full re- payment of the benefit, the full remaining balance is irmnediatelv due and ap gable. 8.9.5.1 Minimum Eligibility Requirements EmDllovees who wish to apply for this benefit must present satisfactory evidence that they meet the following eligibility requirements: 1. The eraDloyee must have at least five years of satisfactory full time employment with the City- 2. The Employee must be at least 18 nears of awe reached full expected skeletal growth and have sufficient medical evidence of any of the following: a. BMI > 40; or b BMI 35 — 39 9 with at least two clinical significant co- morbidities i. Cardiovascular disease ii. Type Il Diabetes iii. Life threatening cardiopulmonary ardiopulmonary problems obesity hypoventilation syndrome or Pickwickian syndrome, obesity related cardiomygIathy iv. Joint disease v. High blood pressure vi. Sleep apnea 3. Emp1o�ee must submit proof chat he or she has attested medically supervised weight loss in the past without successful long -tenn weight reduction. 4 The emm)lovee most actively participate in an integrated clinical program that involves guidance on diet physical activity. and behavioral and social support prior to and after the surgery 85 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 5. If required by the treating medical provider, the employee must submit evidence of psychological evaluation to rule out maier mental health disorders which would contraindicate surgery and post -opt compliance. 8.9.6 Walking Groups The City encourages its employees to promote wellness through exercise. Walkinrr groups are designed to promote team activity and encourage employees to stay active while building healthy long -teen goals. As part of the walking to wellness prOgYam, the City provides log sheets to record the number of steps and exercise minutes measured by your pedometer. 8.9.7 Support Groups Employees are provided with access to support groups to help provide education, information and support with overall health concerns including diabetes, heart disease, cancer, r0U . :$ CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS A6-c sfli �9j+ 86'- 5- W0T�Bt= 6}il8itea3�-i4el�- bC#fi�Sb9t3� �' - ^a" 1 � rl,n n . .:n „n« «ninnrtL' ara}'-se�a�13' �'el aced- ceridaa�- by- asy- e��le3�eo-ue3tde�c- asto��eF- eF_sa- wbie�t- taaFasees; d�sF�pES, embarFasses; �xtlFnida�; e€£eer- �I�FeaYeasai..,a�.�..a. 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': C•, r. �iia�l- aiid-pT6lN�Ea-E0py-6�i6WrittHR txe tic- e�y- set-ti£'ted- ttxad', «a -'�",e C: t�-=' a� .ioHse- mt:sY- it�elude- refesenca to- n ;:,� "a}tt- e€c- ast'edy- speoitnea idc�Eafteat- iott- xtat>3 { }.8- lt,t- oaxi3{ oyes- o�a3obapplic- artt�v{ ro- rec- e{ �✓ es- a- pc rsiEiNe; sat3fit�ttxodT ^az��t{t- asay;at -t{xe atttp?o3«eee =s ot�ob- apl�{ic- stet 'see}�eas�obtaia- a- eetest -s#-a- part oi3- sf- tlae- or ,�'aa;= wpssitnea- a�eaetber -4ic- eased -sad '+ �'" a' ot3'- ��-> �b�t�3' ee' �' icb' ��YEkin- ea�aadred- eig4rEy{d -80j- days- e€4lie- t+otise -o€ flee- pesiiive- test- Festrlt- -{ i-^ o— R" Eu; c- a{_ �soer�aib�liHes�fer�esHay�itidea Florida -baw --1? 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"VOli'mic�.. �,"v- elYt3YC`tla � g}ah gxe€oi6 wand- Met-iteaieus a6hievemaat E[Ii3 CITY OF SOUTI4 MIAMI PERSONNEL GULFS AND REGULATIONS A{ �_ VaH£ E3ii8fitt- YQ- i�aC-' �tFSR- E6A° y��` �L— �i? id' f- �C' �i32d8 -'A'31®N- %}t2- ei}}p�1ijRRECBEH 7H"f3ftj''5Y2'�- 5f� -9�-i� Eli}«_ �?- aj+- �- 2aN?dl- a- j32% 18d- 0�aL- �OaSI'- 9HE- j�P. at= aAd-{ id8- EOEAfi3�LTfld- T6�-{" I- �jx6af5-@ �6o27ifiALi0 2iS-Sati�r�'a6'l4i�f- ?iCt'F]C$: Advat�eea3er�- te- 4he- seaead- lorige',vI}'- PaY{�1, -3i; i+�a3+-bo- made -a€Car �aeas saEisfactery- se�v�ee- ��ie�t+� Iln p�:�li}rty - ltdvat�cer,,:.;,t ,- �„`"^ & w,,:.. cl- lotagewii'-�ay- ('- °N��ade -a€� eempyle�ioiref- Iwer��y{ ?9�- yearsefcsr�iaaeessat +sfac- ce,�- sewic -e: 2.7 SALARY 1r A Tr n n r rnv n nr rznr_FO�. �aii- 6Hi� }9j'e(3-- �z- ci.,,ofP-.� =rca. � p�' 6# H9YC: E(- iN= 4�1?iiie EQdr}t iSi�a{ e- 9i- �2sf- �8% ik+ 6- Rei�9Stt18fi- S�la�- 1; {�-E�E46ifiFfiHC�d -a5 �'Oi}BWsri a�--- X�-'�}i2 -7-a� aS-) 855- i{ iaH- 4I} Q,- tit 13t13iiikH�- FaL' e- ESYa�iiiS139d .- vF.,•�,t,'..•'lau., "F-vrm2-R.^.:Y j39S1EI6H� ta}e-33i8v� j�`7 -5�# aid.- ?38- adi'a}leGd^Y{i�}7E�-G}aSS: 2�---- i- f- tke- ra±e -o€- day- Er��e- }�evieas- Elass- was- �asre- t�aa�e- �a3;- ft�+3�a4e esta�3 +s �a- =°an,'ie- rie�lass��e Pa3' s- aia;�;�,n,,, =�a�, 9;- to- <m- ie�te�'r�aed+ate- step - is -t#a b , i�+ed- iry -ske dePa�ocnE -tread; siab,}eet — ;e ato o €Pa3 e€ e p sv eas eFass sa yew eaa w tF skejjew ra ge o€pa5. aad at air ss€a(�}islaed. step -ems �- ra�er�rata- �}+e- sa3t�s -i�- ease- of- t�aa5%r; s$akl- k�e- iaeeoased -ia- ease -of p{ e�ot ios- to�at��ag- elus�ad- at-T";:- drscaetioa- o-f- t3te- de�aM�te ;3t -dead; slia��- rea3a�- tk�sa�e- e�s13a7� -be ad}asted -to a -bx�e� ;step- ia- sase- e#- de�oties: ,� I4' t4ae- pre�iotts- �aFe- doast�et- cot aoide- tvaNra- s€a�- ia- t#e- »e�a�y- range- anc� -i5 �tit#tir�- that- ��attge- it- sf3a{Iks adjastod to tl e neEt l�ag"e €pie aet#on s a prs not ox er tiat s£sr e: Q wed is at �eaet the *e�,44ewer Iaf, € t{teaeiion- is- a�etxet -ien -: �He- ptabatieraaey- peried- pxevides- Bepar�ent- I3eads- wick'Eke`eppo�i at�i{3+a o-+ a1a:; etae�fie 'nsw- eetagloyee�- worlF -to traiar- artd -M �^.m; e- ner.- ;�rp;oy:,° �aasHng- Ee- tke�ne�i�- position;- and- to -sciv mat- cn�- axk.;oyeo-ivkoso per��aac�n- lees- r{„ �;. e��egused- wer�aadards-- �£'e- c- Ein- ;n.n;ediatei3 ;- axry- en39�eYees- karockoai -or• -- afitc�t �'ekr�asy- �817E�+�iil- ]rava -as :e- �y4afp;-0kat+exar�eried: mw " li Md leWs ellellmmy ee prokationar- y- e- ��te�tfst -ke- pie- appaeved- bjj� -tkw6 itT,"="m,, ^. -d^ar �.� AISMISF+ rkb- DiJR- IP�G- P- R9�A= F19AA�'� °I:I ®I� #� ' satrissy- E��e- dei'- ing- tkei #'_grekattet+a�y- Period:- k1aw�`Iyred.�c+kaEio3` erpPtaye, sum* : rr;; 7- arxPleyee5- atad- tr+ aY- be- teraairtated- w+th- er- witkettt -a- stated - reason, - wick- er- wiN�t- ttot3ce tkay- iextriaaElor+ Priorte- tMe- �P', �t' ��= e= prokaEiortai- y- pettaed- ska(a -be -eta#; wiik_�ts- rigdrEe€a�iPeaa: ?�;oj'ec- is- tsarts�er3ed- teaaatker- PesEEiex- ia-tke satt}e -c- lass- i+a- E33e- satrae�arlx3er�t- Prier- teEhe- eeetiP}etiotre4 twn,^�,;,..,,..,,,e' .okatis3, "w.•,.._: ^a •,. ", k3- be- eonttted -tewar toka eriad -k3-a 109 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS ease -e f- ttaj��a> �- eii e- de�arte�eat- to- a�tolh-ti° x-,.' w..^.- r: �:„ aaa,. �': s,' vc�- rz3eat# s- probatioean�- Nc�- iod�liall-- be�ia- aY -t{�e dace-e€taa a fe3 t�v depae3eat .3 e• ee 4 yerferee evaaxa #fea s as era ky fog a z a,sr aad ax eeRpleyee to xeet asa d scza€ eflal }�sa�#ies- arid- ce- se�pex€er- a�aric- e- gea{s- far -t;n Pe�ferrnaaee- e�aFaaiiaxis- sl�a {{-#a aa�s- gaeser2a3e1- aeEiea�at Hac- eSSaerlj' { ra+to { to the €el�en Wig: .r p i dal eea 3 g salary Eases prometiet s dea3eliefls- traasfek s,- awat -- pe3sennel statas c1.� v gerleea aeee e�rataaEiaffsare- }�ei�i�ec�atat}d.af va#ao- ia- xi�a3Eit�gfai�desisiem- ifA al— shalr� ^,�' �a� �eva{aafi{ar� fe. a b T•e ++ t#- N3e- ettt�le3 +ee- te- aeview- a�- dtse+tss -t #e eval�atia3� -aad- shall- gro�ide- fhe- ei�{eyea -tHe YvIUa% 3. OH-., rpx .mfl$I83h'�'S'j` "£F1?'�I9}`ee3 Pre} �a6ianai3 `e�Iflla3�ces- s#aN- l�e-e� a: ^•'� "-�• ^� °a�a?er- si�a3e,,�� a;,�- .,'^,::� -a;:d- prim- tq-t#® seflsleaiea- efx #e- {�relia4iet�ataed aa- — E"luat{es- a € -reg +tlai- eHWleYees {- �e- BSGaIHatB�- aEkAt3a based so their ' anxrlC -;-tea. y d a ',:e,'r2c�€iaitar- Ela�eEiOH: "gym -it h is 'based we I,.- a {as- aFie�=e- a- tl�'ee laetseat (y "1�i l etDgleYee s eva }eaaa date does no', eaa as e F r s a raase- - alary �r ate-ar- gay- T#e E C itkaA to t#e eet rapt - and -�rast{aeef� �aa} e �pleY aeaf e� to {tea d a€i }naE vve a� ... ,4r,.c..- --Ft�.j�.,.- �- "��,��yg.�,, -may Es- tac- �i�tt; terxtsr- eottditiees- a tid- �a+vi{e�es- of- ea�glaysat.,. ��^'�'- .T,,pkr�tet� -&ems ;:an :'t:. "r- c- ;n- aceetda[tse -with �f]flG- lj3l�- ef- €�tta {- �t:�e��^^ par- t.:;zi�- � .'' a- �etxiaa- l�esearse- Degaeat- uvi{- be- aet{€+ed- itradiazei- y- o€al{ �esktiea- vasanstas 4. 9. 11--- ki��I1C -a41efl5- H'kll- O••tr�v� -�w ao<tiYad- ioz- ap6i'7'o^"t1a" ... n « ,•.,. nx- appriaatzairak #a {�- ��Errelit;al�fletj�,�-�aye &a -tl; m d; t tt(es des veid be =ten fa �I >ta Fteseeree 8epa ext plet-ed for any- vaeaney �I�cBEaFfi"' PcEtE` Ftl :tatt� "YifE- t#e- Ik1ilE{j -�Q�� > J hieh opens a'Te* the lneeraplete applie-1. ii, - no' -be-eeasidemd: ...a31- R4Sabl#EB�s > 'EV#aW- t4"9}j ann a +mte999e3 Esa99dads, and lei, HWY. ec3a e at searees I. of t -- ed�aadidates 3s ds � d� every vacate3 €03 i%+1 93617- t17Ej+ -a ?i"f i 25S-6Bflil'ai�`t9aH'j�- aj3(J{7C- 313}8- aBllOGtj;'^ W. agreement: "�'^ u' 221iiC""-r+c- �BT -+'•- i. :+ii3tHii -6 OAe4 - w� !i{aE- i{-t13i90-afld- U{ af- �ar2- Ci9lie�j30Si%ao""m— .".ao *m em,.nt�- ado.- �r.�crn "u�ra-`o- soma rocm -u�BAi 110 CITY OF SOUTH MiAMT PERSONNEL RULES AND REGULATIONS sslaoets; era��lo�et�e{{t agoasies; a{id --et# ter- tecK�u{ t��eaE- �e��ie�: s- �s- dete��iaed-- t�r�riata- by- tY�cn- T�}+xt3a�{ Resoeroe- 9e}ta{�tterttac'c,- ^a "�i� b- de}ta��rte�€.= The - pity- r�a3Gasa ;- icsr- }elt- reietta}�ea�eses� e{a13�{e„e- �.�;�tt3ts{tt t{ elitisaa- a�TrliaEio�fa{t#iiie!- s4aatss� see�ai- oriet{tatio{�; or- disak>�ifi3� - ^~ 5. 9. 5-- Ait»] ic- atiaot+ s- s# aal-1 te- sct�t�itted- e��tasi�l3�te- Elsxa�t- Resource- Ue }aa#t{t.�� u��,s t. ".e- ^Its- o£- Se{ak# A94a•� �3z.te;;t T"rN:ieatiea:- �- he-- Fks+t�au- Resat+ xce- He�ateztt -evil- scree{ �- a}�icatieHS-- ftt- deterraiae -i€ +�i3ti�xexu- regttire�taer{ts- are- ,r{et-- }u- laousa- c- a{adidates; i{ 3terosttd- i{ t- agp} y` ing- fey- a�asant- �esi&sa- �a�- s+�btniEaia ttt er- teal- e{ ttpkt�te{ t�a�tlicatien-# or�ttte- he- esttsidsrsd- f'ee- t #e�+asat{s�: &.6,s— A�t}3idcax e ora eaiE o t tee ed i hushed data of firsErev sw r ay r eY he eonsi- -Ped-. T.,`-thflre aye- aoi- suf#" tcicrtE- quaiif'ied- saadidates -ai the- slesir� -Aare; tx: c= Baez{ �o�eaed- ar{dJer- rc�adver-tisod- at-z#e 46erstiott -o€tlwl)epail4Reat•Bdree ice{suitaHery k(ity� �Alieagt5- Ifi7 3j'- �E- diSPjttakr.• ^'{im- .°v"r�^»> data€ i4H- i8i-- BRt(3�f-- f9Fa71'f�atii'�- Eaa96H : ^ ^'- nro:;�n,•a: ^b— �va'�, -iet ;,i*13{tCd -i4� - EhE�Ifl y ----- kaiia{ o.to- Tosses -dte -{ stir {i+nit{�- gaai�catietr�€e�ti{e job u -- ht3 uu5�t sfaecoFy ei by n not oeerA a dFer et#er+ecord as eaideuead lty t€e uat ea coataimd -on4ke aNp }ieatieu -#' off r{- er- �t# o- res{dts- oTakac- kgreuudaad<or -{ ofeie{tce eHec -lo - n Est so3t p{ote fail a fla r of t ssiot{s o€ an} ntate� ad facts or desstte t it f}{e ate) cater ..or dui Othet�ar�o€t#ese}eetiea grecs . s u�' =.mil ed to t tery awe aHd baskgreu+d t ve «fla i€ap}teiated; suolt- e�{�Iegee- >n,,~J �",�`�.;;nir{ated -€or- this - teasers at -arty tune: --°- krysiealiy- or- et#arwise- ur{able -to- der- forrtr the- osscv{ fiat- datiesa{ td- iar+cs- o-f- t#e- positier{��#out rsasottabie- acee3t�+ttedatictity its- acc- o {daxioe -- wits}- state- a�td- €e- derai -]asxs �--- *Te «�:.st;;ttt- the- legat -ab,� t;;,;?ts- }tress- ribed.t�y -}acv- 64-L AIS41} ATTt3 I�FCA BTPAi' 3: �: 1--,"- �; ;.,,{ �{ eytctetrt�es #tstgFSuettgreuud- C- heeks A- Tre- erupto3�t+ eut�iiiedieat- etFa# tiaatio> t- aad- bas�grauxid- e::e ^',�.'s;�u red- ef- a: ;�;,- o;;,p3e3�ees- 73}tert -ota#i as eoadiEiottad- e€€ er- or.-„ n, ,.pto7•,nsttt- te- a{t- a�pl ;eant� the- Tkutttar+- Reset�ce�rtertt- tvit#a{�atiga- far',-- at- t #e- C -it3�s e o }sea #ys eal� a i+na#ea aa� eei4ehe6te Tte- Q"""e"ated- aod- #'ekkrw- raga }rat; :c,.:s ::., der - {; after- 1- 14: 9-' Fi{ 3j;- Ftortda- $fai�tes- r'egardtt{g- seorai 5estar- i{ y- azbers-€ ery3oteetia{ - attdal7- othererap(eyses...' -.., "�t�,�, °�i{9�- 4 bask suxid etteclHxiay r Slade verb caYiet{ e €e }t3eyatoat dat os sr t tal aaa riving caadxdatos t+ust Sig+ ra- settLideittiatiE3- waia�e�autharisiag- baele; eoand- aed- roferer {se- sheoks- F- aavn- t� ^- a,CiE- ;�:�xtired -�tre- e{t�toy>3toitt- tesxittg�ttay- cause- xat�et�plo�tterit� oT,-a R.• "^ :, nd ,:.,,Asat- is- aaread�et25�loyod; ittaniedlato�ter- t�tittafte+t e�stn}{toyratertt: 60- I0"DAYS �1{e- fettowi{t�- ands- in- additiert; a{�}- ether- da3�d�tstituted- �ut#or- it�da�sare- hokidays- for- air- ft}ti- meet {yt { eyees- st- t#eatutaic- i}�at- set�ise= .d3.y9f Februafy �taSfdE}Ii'� -Da}` ., �qt-- A4oNdaj�- 9€A/4ay *?oiitttriat-L�ay C - -k wnda "f-&eptetiib2£----- a "6r -Da'f s- - �hur5dayaf- t�lei+erttbet -- III CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS aA. - !L�da3� -Bec •..- m„"�;,r�2 ;,;�isEatas -eve ay A€te 1 }ceaE Raeas sco After w—ee ;b dw��,b"%,g,f Pig j m ced e C' P�1�- Eire- ei��ke�' ees- sha��- R6E- be- e�kt3Eled- Ce- i�el.du ^i=z" -� °' �i�c't�tt�la�s�- ate+- kew;s- ac"Y�a1�Y �ver�sd en- c�#eliElay: £col da ai skaAa3oE be se fled as }3oars worked. and .,.;'n eE be }teladao ' v u a e evetl to e attY }3a f Period: &i,-- Holid%psor- edulea <u� . .,, nny Non- exen3pt -e ate - either- an- akeruate,-day s€�e�sl3allke- }paid -€er Eke#o ' day. &, a—' �' r-^ s:. dR„•' eT® r- Al�se�Kartee- ef- V4 +eelFecad- t#elida3= V Fea -one e€tke akevea desienaEed kelidays falls on a $at e ri a :aYely '^ ^nom may£ - gee- kottdaj<i€�a£urd 3��ie�a+tt»axE— i£- SaEarday ;-a- . ar- work- day- for4e�rtr E, Hen- Saturday�u 11 lie eb e� « "e nel day Wksn one e€tke t elidays €aNa a nday r ked at$1i feAe vxg t1 Sd achy may k c el: a rogula�- worlFda3�of- Eke- cioparE� ^., «, rcc� „aa�T�. ^�;:.�::e.- -'rdu3�fer- Eke- defl�ment�fitx 3day- wiFl�eeUsa€vodae the holiday. r sepE ens to 81} $ rutea3sa rimer ES suet ke epe ate '"ra�F}+- �a'f -9� 'stlue- }gay -staEa Baled- Aears�n Ehe- Fexlar}}�- seHedaled- �verlclrw -day sfnmed •iaEely- priette- a- f3.eliday- and - Eke- regular•13zsol3edaled�vorleinb da}tiaxnediaEeEj�- following- a- Fte4iday -in- order -Ee be m = T' ko- �iEV- reee� .zccn,`o��i�ee,�i�ts- valt+akle arid- t> Fe�idos- �u3- ei;l�F^.- a- ir.:zed -ef resE- afld- rcataxaEdarr- sv}rial� j3r8ft36EOSi�lE- OVeFall -�l' 611- 1ie7HA'- al' d -' r27v 'a;c'�- j31'bdaeTi.�,.-r-�*'� e x r mw < < n,��n ed skalE- aseru,. ,�r,,,a.- �cazo -.. e- Eet <t�=- tkanaal- beai=6 --sk,. -a.,., „�, ^.�,eave- FViE�y- �uEed -EO-an Afuettrr�etAnttanl -Ueawe � Meea�hii fLc- er -ual -Rate � n�^ "° ^r - - - -- b to 3 ;: eam of inelusWe 1? FV days _ _.._._..._...__.�gf5- tHe}tlS1Ye me •••9T- k4Rs- -daj'9 b 112 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS - 5- 4e- k9- 3�eai=s- i�lusivc� 'v .•,vdazys -�-0- years- a�td,eveC- '?- 1- ,t�er- k+n��)Fs �FiflE:-i�. RBA`( 3E-- eki4H�e�' �' a% i��7i- lj`" �. YB3��ay9' HR�Y' �rfl' Hi} 6i` �-"-+ i3ai %7ie%i3Ej3P3'fA- ii€e{I -i9-a •• ^ n,, •, •,�ai't :« Oi '- fwra^r.- ?a'rs�dilna- �- cv -�..• c • +'3- a{39da: The- Wien unite Aar t a' - ` ` xiay tae el�ar to a r ex ei a a{ ern �l^ ^^ hour -�i }} mam ar often lug %save t# at �aay be sE a ^^ ° a{ate5 ^ w^ „rte standia�- wit�rac- c- r�c�- -laut- unused-, 4ranuak- I- e�'�re- siaa}(- �a -qa�e� -suer -Z-e � -m l��ae's- sue�eaY- Fatee£sa�. �uak- e.'��ment- shall -lie- issued- at- tt?! e- tHne- tke- etaalo�ee• �- esea�res- t3as- sr- l3ct���a�a�laeel� fiis{e- {ea�=a- is- ,'tssraed- lay- a #I- tenttta�aud- sac- errrgt- sm@ lo-yae�,” aw, c�a; ad- rt-- is- eteditad .- ta- ir�d#v+dttat- sislE- 4eas+e aeeeantsas- aee�ed. ° ' nci- tsm�era�_avee� are not- e{�i�le -lei -s ' ' .. e€aes- sa Sietc leave may bewsed far- anhsences- Hecaaase else o-€Sie�c Leave Sae- I�leave- is- �' aiatad- te- et»} a4eyc+ es�ear- the3�ara-- iaasa{ aa�itaYed- fei�#e- ger €ermaaee- sf-tke i�deties- at- tho -Git3� bc�eaiase -o€r -- a;sYet'- s}aease; s}2iad b a3td�are» �taa> domestiie- parFee�(- sigrti€ tiEant- 9tlaef3- thaLra�uaa'es -tka -�reswaat4e[-the aril eye°; '. ^ ttsndause- at- medaaal- er '-- detHat�aaaanati�e- ein�3oyee; amp}eyee�- s�eatse-e�- elaikdraa ee e-- ��y- xea,os- t3�at�irakz�.,sz^, `�^'n,:yand- mewl- leave: ^at- -da-�- ., a-- ���+a-- is- ue& -a�a ate auo;,�:.�,.•, e€�- reaserrttaaUis aet- listed- in- 4his- floNey- R- eperfingSie4e 1-- when- tk�e- ricect- ferric- IFleai= e- is- ustfaFeseea> alaaereia�leyee- req�tesY+ rtg- 53c- IFleave- aaisE ;- t€- pessi43te,- aeittmarriaate vrith- His- er -kmh� immediate- superviso�lae#ore �ianang- e�tl3e- s�laedaied- week- {3eriod -Fai- what= }�- tkte- erxi-��;s e3npleyee =sshi� — Y.: ^,r:.sez�e need-fa�e- is- taies�ea�e� 1�e- e,�lo3�ee�keeld c- amPlate- a- feevc�egaest- ferm -in- advance -af tlte- re�uosted- leave; indac -acing t�reasen -fer- leave- and - tine - emoted- date- ef- rettaen: 3- Aga- �tn}�l ayes- s- fa+lur��- ttrs��aait -a- Dave -rey }oast- fota�- tar�ot�y- k�as -er- het- itxiraediat�:- scrgefvasoi -- viii- tesczit -i+t i6S` u' 6fcemj3eg5aGiAn- f6 %ii3aai35iR66-aAd -Hi& a' Y1EEi9fi�a�- #e- aHd- 7nE}NdiHe-f67- NTinatiaH- 4- }n- afl- saws; an- empleyee- en- sink- {eat=s -as -rest k- Fierizna }edrate- su}aetviser- ia€erated Mega+• di+ ig- lais- er- kev- antiai}aatad- retara{ late. �^ crtif} clsate- aigaed- hy- a-- NH3�sicaxa- frt- �a€1}e�#eak#a- aats-�revidex a�sen. �. �- o.-:., s- taasra- Ehkree-{ 3} n�erif- da3�s- , viaaH- ti3e�iaauan- �eseunac��rs�a�er- He�attaaeHt Bead- se- d3xeats 113 CITY OF SOUTH M]AMI PERSONNEL RULES AND REGULATIONS eke C fy reta t�s t: e : 11it 4l cases of o e� iNr ess to zed a re t} of tkxe e 3�ie� 1� n tr jam !�} a ragufa�le -. a: .zrai;- Citl��(ij'2e-i`rtiA-^sIC —, cmv- iv,.- s��kF9C- ��- C- vs+scco?c dj'S� file- e13ij3�6j+ 2j3ai �m.- .,f- iz =NSf `�,v�. j�rz��mrT,a3i :<.^. o6, A�60- �3a1'-c)"ix2f�x"m�-'*"nm�:•,•• • �vFr `uiv"— i6a50R-.f8<�#2-&FTij31$� ) s1�3v8llee: spesr€ i�sa�ro-vaf- s€- t�ei�e�a���ci�iiaefer; xl3 r,'r'��.ifh -8ke �k�xj�sao-i>4anaba>= g arr a� Witso - yt�i'F, fi 4g r FanuI. an - R�ie�ial- Leaver -a o� aa,� s��:s}�s�saskaeave: °�'�- H�naez#z�3ayeas- s{rat�se �o{- siokleaNa- €er- P$ask- s$�13 }e�ft� -sr spa} or- fr $etiertef- $- calemFlar-zxeaf„�^` -ate ^�' �seT:�^e- liot- te��:,c�fnz;.. ^ "�-�aYs-per�'eare��(eyee's sfat�atois- o:,- tk�e-€ trsti- fk�oxgll-€ �#% e1 3fk- o €- fke- e;oatka�sy- �vi�l�a¢ -otie- day- e% ^v�,c " r °��:o SWE- leave -.:,:n � ^. ,a r. a,.. .,rw:F��. ^, ,, ^x;'�,. ^: f}� �i -lie pa d- E�l�e> pWyee4+egt4ai -Rafe of -pelt a,-- ;;e- ex,p}olee -wa }i- reserve -ored i%tevrat d- siek -loave aosrsa l- #'ort3r»e- rto�aof$a l�j�pciri�}eeept €er desibnatedhertdays, vasat ea,- s�s-,-ardd oEl eraofkor red leaves w #c� pat �:--- ;,�- ea3plelcse' b egv�eaat- s13a4 ).'�oEaeertte- sielF✓le ^• -�„�F «�wa c_,,;.,a, "�- �frre�x)erl�- tat�ss e V.110F at ^asf -fiReeen 15r -:.om days - t3iatmnonfh, $.3— r�eca�ii7i$fef %Siek -heave ,.ber I 1995, may ewaifiiitl$fe -SiC, lea : «w w « »�a... w.. . ;tl ^ ^,.'asedsis�k�e�toa�+xeflt: E`]�.. MA .........�L.�.....,�. -y... �L, .r... ..,.�yy.,.,...p.....�...Ly...c � e - e. .. i ..,; ..� e. i, c.�.L�; ..cam ..e... ..� ...... y...y. s c c NOW 6 4L 'L 0 :. •• 'i :i L • L •• M. •L L •i C. 'i L 0• ^.e C S--. ILeInffii4&AV,e * Y�lees W}3o ta$ie ati a�� Va �oa}at�se a. atin.mum of']G days he r €rsf $ aatiiv n�a� a v ¢.f?oally fliei F —fblww ng Qhlat ae6aHiH]a& 6 -o Genvert of their-isr u ;:s.�-�I.. ry �#' i��- }iE3HfS-O�Sle�f�ea�'e- dttFiH� a�-9t7e- yeaFpE�- ]iet -� t•..'ut r «..u'.,�� i t- 114 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Mesks- tereeei�el��aaked-} eayst',,, N,,maaEka- sotR�k�ted- ierivii�•a ° r. grfest-# o i- Ssek- 6ea�+e- Ass�staae�- fera�d U�ef 3- a�zeval ;- e�eaue- a�g3ieafiieii -ests� J3ei3atio�- ef- baave- Abp} isat�err€ ett�is- wi�I�o- dislribated- Ie- si�y -sta€� Taae doaeEiori- mast- ye- ��ade- as- a- €ree- axd- ve}e»Ia�� -act at�d- xs- dtxesss- e�- see�sio�a- stia�t -€�e- �iaeed- �oa-ast- e+r�leyee te�aice sac- h- donatiea- ef- }�isl- ket- aserxed- leave- tiaee- AS- daa�Q,- ,`9^rnzs- aye- ee»k�aic�ted� 1#� y-�N- tie- feri�s�ded- Eo- 46o-tTa+�rta�t- Reseal ea- Be�ar6r�erafi- i�ei�afe�- t+�tse -wig eaed�- t�- d�e_a� seat- et��ke�ec; as- aec�ed -6a- clue- e�er��- ef- e�cc- es�- donatieen�tos�ed- bet-- aet- ased -dtt�- to -t#�e e�plo} gee'- s- earl3�- recevet3 ;- resfg�atie�ret�avraent; e�- deatkt- ax�exatio�a -€ owns - received- baE- aot- at;;i��a, ,;fir h� ���ec�� -��a Sic�bsa�e- Banl�Reser- ve-te- lie- eeti}i}i�ed- fer- £alu�e�egaest, tE- ta�a�i+r�a�re€48B- e€�onatrd.- leave - time -will- bear +ni�od- �se�- indi�+icieal -rec{a ate•deaate tin�eaaonats -a}�to SB- boars- of- aecr�ed- leave- pea>indiuida.�l,�es}aest: - tn1e-f�6kh3ted- �i3F -f}ti 5- j3aij3eSe- i'+i�I- ROY -be- eE)ti5ldei'B�dti�f{ "� "gym^- p�i-�'6FH+aHC- O-Fa�71 oi�- �OFiOC�- the4l4maa4t.^,.,..0 -P"aettHeint- �f0- �' nC4l+ j3F@ Yi- "si�+.Ao-iv^-viiCTai"xnij-c� - n£% fi"' a. �- �. m�"' xyc: i- 48- t�18- f} trinu�y( ead8- eStiFiei #ieilES- Wh2i2- li?- G}ib3�6 e�n�Ie�eos- a3.a�- take - yip- fe- NVe# y- six{�f>3- 3vee�eT- ef-- teame -te- care- €ee- a- R+i#- iita;�,c: °•-,-; e:- ;n-.,.,Y.ha..- v'aring- a- sixi�le twelve- Ft- 2}ra�entk -deer -led: the- seser�d- ErrrFitary�}eaWe- enYatlo�ieat�- hers- fattrii�- o€- Rxetabees- of- tke- A�atsegai- Fxaar&- and- i+�ewes- ko- reaaage il} ear- a,€f�ke�nerr�bsr -is- err- aet3�- its- sa��at�- eta- eant4R�enc3 `- e�etatisn- �3ris- �ro-v�kss -t#s rre�RaF- ttw'3vs{- I_?}v,`e,-',c;zec� -` °Pk6A -jo Idle- eiR{r?e}=ees- with -a�(�y taaa�ke�serviieg- }n-the -Nat' ace- far`- `an�iag- eyci�ens�� =. �svert�sl- FamiFy- arid- I6'Iedica t- Reasens: '. --- rixt�i�ab3e- ern }�le3+eeslia}I- be- entitk�e- twelve- (]?�- .,ti:,- 15^ -a�ad- leave- Aarirt;- a- ��a+eaYl�eried -#or� ona or- rxiore- ef-the feflowing reaserrs - a---- •�13a�3`dae-�-flTaa3'; the- #it7ka- ee- �taserRe:�t ef- a- shald�enataa- ntedisal -care; adoptiotror €ester - sane- (- Teai�esEbe- taken- in- sensest+tive�voel;- weeks} — -P: -�c�e €ocean inratediate- €at>3ia�erRbe� with -a ser3oasateal{h- cetrttatiea; or• -- - s---- T- o-take- rnedisai- leave- vtheti- tb�errry3 #ogee- is- rtnable- te- }�er€eari- the- ftaretiaxs- ef- kis.4ier - - --- fah- heeaasae €a1�eriaae- hea#tlrsexditieR- - ---- -- d-- ;✓;�grblc- orargas3'ees- wi�oaso; set�Eiaagkte�er- �arentan- aetaNe- drily -ir+- tire- Platiotra! ru- :,,- xn�e�rri- saggott -e€ a- eetrtittbeaay- e�e+at3oa -fer- the- �aMoss- of- attendi} rg- ser�aast- a��ihtr3'-�e�s-atrd deple)Tn, i't- fe'iH,ie"v:a0o9 -b 'efings afld- addi$ 6Ral- actWtiie5- 77etCHG9Ri�3,. SSC' 'a.- 'm"- iha- B4}7er-eatagai98S,- hat-- Vreed4o by4e.CIT4}�. ye u. iffee- 115 CITY OF SOUTH MiAW PERSONNEL RULES AND REGULATIONS e —i s sass €ems a eeeseu n I� v # irlx sac Jorge ttb zne�rsa{ IsaYlertt t�sa�esatte��tkesa }gyp- er- is- e�ttgat' �% isa�iliEy- seC= ise�- '�`t-�c`n"- �Qifia�st�k�E�`3`-�k 9 w� — ^ s�eses sf t#t s 1 ?sk e3�a ser s s k�ditiox shal}->3e -fie€ red ix aocesdaaoe v tl� tkz F, *.4r £ Pieyeos a ish goesE Bess n T "dal s memal eon&ioas ase cevexs� 3de tkis goF3c��a� a mcevssaged -te rseet " '^^ i rate Reso�e- A4aa�w= Employee -Eli itity-.* ;. 4;,:. plsyees} to }I- be- en3Eitied- te- %mi13� -4sa�� wktem- Fael sko- a�oskstke- iel��imgssiier -ias - a. -the esr}310-�ee- Has- baot3oyed- by- t3�e- E;it±%��tn� least- twsive{-I?}�saN�s- gsier- to -t7�e weave: ' FHo-twek�e{- ier�tk�s- o€ ofls�iey�msm�by- t#3e- C- iky- da..^ -.n,n« �;,,�'.- to- Havebesa- eei�seset 'rue- �£-kHe etm�]o3'ae 3 vas- cm�' otl-€ es- irast- s€.x- weol�- tHe- E+t3wt3}I -soam� the e»tir�;.; >:- I -�,',^ ^- �: �,�sde °•�- a,�= _":.��..�i- u�:sks te- He- eq+ial- Ee- Ewe�ve- {,R "„Taad_ V. osked at least I 50 3 oars Jut s g tine tws}v s� ntk des od - --- -- �alsulatie+re€- 1[,eaver �. c'"� ^'^r�nz ee- uses',^ ^moo w^ n:� f- leave- 4He-er 'rs- t�Yem- attdes - �a- em�3eS' � ;�.�- eorrr��ut<�s- �Hearxieuat -e �g3o;`ee -lx this- i3olis}`- wets- it- fx�olve(- 1- 2-)- �veel� ;- a�r�- tHe- 13a{amss- s:,;'�in„�' }�e- a�ou;nzHe -e+x ^- «• «� ^,, fe- Eaks- at- tf�at -q�ae: i. Ai'rvmpleyee ° mal4- ifsentkled- t0- A3a1•atv;in -� ouli rs�lt.�" -. �.,t,i'3HGe- 691`e" ^y: ::- tiz6-- .n...-..e basis -a'S�z- HP.fSHB e@=: di'• •.�-n..t„- w^- p°F")m.,,'«Tnv -iH: c: j�+' i�{- f0eei' ei- fl3e- �u"}- mzr^"k+"rm«- «aiiC47,l�ar nwiC- .�'• "-uru'- p6i�9d� Hror.nr..mo.- cvirr}3teviu w4h4he -4ast 4----(✓' BY{ 2i}}- i�i23- 6% Ca33i9d^ u.^,,, u .- Fr#«.-u"-aR ^oh,;,°r- .r%:xi9ri j'- Aia' J- Ret- lJC- aS9iHCd- di #i#fl�- f{�e- iEa3`e- j32flfld —vm:rs trexef' ts- suEH- as- tkte- aec_'.�� ^misFi- - Fieweves -the- use- e € €at�i}y- o3�aecHeal- leave vtt.',-: s; a. ^,�m-;.a',s- :tl- s;.,�Y'o�„w� ^�• •i •�: «. -- a.- o"euefi its -is-b d6:offained -. Rswtst&%erment- iiiEH4as ;-. --- ;ligigie- esmpi9�6c;- -an- -� 't;, ^�- x}�xt- r�t,a-^x�^ :, : eaue- to-' �.^- �.= a�ta' nttfie- tl }eis- �ortme�•- pesitiom- es -to-am i l w r. «.. .� ^,.. ,a equivalent posid -:1 equate n CHigle3x ent; , ay ate --9the ^ea�C employeet 116 CITY Or SOUTH MIAMI PERSONNEL, RULES AND REGULATIONS �-- 1'��seg8sea3s- +ray- a��ly -fes -tai x-- hagl�l3�- seH�eH�e�ees- �tHder'- cez6aiH „- �G3a�oHS-- Is- adr�i4iei� eraaplo ot- gaarax�_c'a .':"_"�,."••." £-- I�yoH- �i6- a�` �: 8}+- Eii ?Y�4j'C2- 35- �E56x- i'i?2G�iH -� 833:�1� -of- tie- 1A- xe�r}azioHS; rtrsterataeH- to- c- �xpl�a3'-�e- dried- f4Flan�� -Ike -a etHids ��la% SF1Ed1i1130H- 6Vir�i- Eaii9@-” vH�iSfaFFlka�- 3H�- �iiC�lBti 'S282H6iHiE- I}TjiikjK.'y: i ^Foa::� sic- leavo- HaHSt --ke- asstl-- fo�ar�- se�detrs- kaa# h- ceHC# izicxa- aHd- rxaj�s- tisecel,- az- 4ks- eHi�eyee -'s dis"- ettoH-fer the -A -ox }� a n c ^n of a eke t4crued a tHaa( 4eave HZxst apse bused €ex ax faxfi ly e� Hied cak tease- T%ax- eirrp)e�csr- eel - Maid- #oazxs�31= 1es�e1..��- " �'-' �:, c: ��,- t' re- oxt�te�- v41a- HSe-i�aid- lsas�e -fxsz a� «.,, �,,,,,- x;>> xa�dw= e€ziie- ti=rekivee{cs -asx�� aid- leave- 3. Ian,: K:- �?as< a;- ?xteria�3ztcxz- zzso- e�4lxe- tii�kve {�- weekse��y -o�xe ' d+�sed wed -- we lc raa� be al4o��d by t#�c� t� EHS�le3ees -v 3� xg to He�leallo- Htet x zten y a �� "' ^tea edaced wo aueelFfe��h- o�-ado}�thx�xrposes -wiN- Heed- fo- EHsc -ess- sac- i�rssjuizk -the etx�4eyee's- Bega�a�ete�artd -zke �aH- &esoa�se- A4aHagei= 3— ;,;;gleyees -H+ai` also- aae--€ a,,,',: ��3-- Haedica}- leauo- i;„ o.^-,,;: tr, Ht13'- or- as- a- �ar'E-- e£- a- rcdaeed- worl�wee3� ' �m pl e �, „� -,, Heed- te- asc�leavo- is- %seseeable -aHd- used- eH- �tsplaHaed -aHd �i4i5Eh.Edal2(- HiEdi6a�EFE tH323} f�- ii3eA- th@yee -#"u'FESj3913Si§l2- tC�ci.'.di Hot -tHifl •alb- ax"ra'up: °gym"�ii'j=9-o�raaoHS. P-&Ob$k3Z)IiI`iSi-p,,„ i. ” �Il- ea�lo3�eos 'xe,leestiH�e�t�r�s- �eFre -y-+ vast- soxtgla `ti^- `nw,.°.� °,;,„+1y?PRedlcat- leave- €o}Htava�lak�}e �f{.)iH- idle - iii## lax-l'�e58L8C2- F-iej32#1i712{i� iiiH�Hi�.'- d}SFH�ii41"" ••,�-c�i?:cc3 7'S9�,FaEiORS- 3-- '..r ^:l;c- os;-'• save- eH�loyees- �Ha3�- be- xegtaested- te- te�ezt- �er- iedisa{1}�te- Eke- GSt�- t®gardtH,�f}tc�- statas- e£ -thcz H3edic- al- sexdikieH� aHd- tike- tHEOZ�z- te- 3eEHra- to- kveac-- Cvx�ks}�es twi}1 -be- advised -e€ aHy�HSH-- tcegp'�;;,c,�z -d+�zg El�etfi- �9aVPr: 4. — �aE- osc- as3eH;�He -Git3-Haag- regal,:.- �'.�•^ c;.; �s7s�= kevvzAe�ozase- sf-€ ke- Heod- teatiliz.,- ;.,,,,eT:, -' �i; �essib{e- te- t< Ha�v- be#' er�kaad }- aHd/e�= , =,a`7- ::- g'�e -n'.: �,::�'�'i ea- te- grev{ do- c- exCtktsaEic ;,�..,;- e,.�ileyee -s-c3r ixaaaasrHate- faiaaily- axoH'tlier's- series- lea} da- eeHdttioH- b3+- a- [ioeHSSd- laeakhc- are- ravidea-- Eis- sHleyee- skeald43ry -to c�Ee- sfrs}a -Err aesHV+fltiH- �rfteer, n s� ,a.� „r�.r. �aaesf� ox - zeasen xetieH- €ex- k}ie -de]a H e9 z-cm•; ° ; `.-- -_ -tea �a Y' 3— 'A+�oH- se„tta;, � eati.,,.��se ,loan- rrreE}isal- c- eHdiE�:a, , ... T;z „s34e�asare- that- £he- eerii�eaaioH eeraYaE++as -t{� e-fo No+viHg —.,, �a ..�P "e}r- ti3e- eoxdttiesrbebaH; e>�ostod- ilHratierr aHd- akr�ixeHE e€aeazaaezrt- --" — a��;a ^�� -;s ^ --'mm ^� ; aedac- al- loaae-# ee- klsNaer- o�aw- H3eEiisal- eaHditiox; sei- t4€eeatioH skoald- iHC�le�aa�heyee- isi+Hable- Ee- tierL'eriH -o-a tia!- fa�Eaorr;- ef-the erf��E ?y�3e�ostEieH: rx a se asi� ill iaartl ZoH er> the csttS€caE en should iaeludc max- m- 4444he paE cH re�a s assistaHSe- id-tafiaAe- erxPIeyee<s-gteseH4s wea#d-be- bene€rc al-erwdsskable: -- vz-- -rrmm��5 -n .. Tt- lEaVd -87=W9 %1CiHb'-a-CEdi3eed-SB .v�- e..ra:c.+u�ioH -Sh � i91'Hdde dates- aud-dw, oar e€ traazxaeat axd- a- staterHeHZ a and caF Recess tf tteH leave er e or1HHg a xedac-ed- schedule 117 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS �e- esfa4�li5h a- Halsey- a�glieab{e- ia-at3 "- �- ��eutk�- Iv�iat�i- ea�(eyc'e� }'�a�'di�ag- tla�tla3eat 2€- 4�aktsitie�ta�ligkE a. 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A...,: gnee 4--, �s- a,. ,o-- U,,..- ��anau- �kos,,,a�.,.,s agar•' o- xsgoasibikit�c,- �.,, -oa=. ��..�e:��oas9�ilit�; -iet efWeyo&IS -De faertt -D feetef, the ngleyae' a�.aed a c '^ d « e agloyeo-� mad cal g ovic3er sltail 11 Jl- the Fospensib":15 l�s- resget�siE�le- far- deter'a�atiir+� -tkae- naafi=- anc# -sc- age- e€- sracisitiesal- aseig5�outs- avalEable- wltA -t��, Win;- t;',c� -�., 4 - Gttyis(�etetafs -e�f- this - Polley: De€in tiouse a- `FfaH53fiei}a� a .,-.v -. ,• �• •• :-amp ' a- i0-- allBW- 2iiAgleyC@ S- Y'`} i9 '�ai'(;'f�H§gdta}j''ii1L'di6al — Wij�i`n,— l;.t(iTZl' ••«vi,1��19,]' nx ��S'�TR M ale te--4.g 4ren3 as oesagaE exal er oa eesagat ei�al r jet illaess Trar�sitlenal- dt�Y-�ay a}se- be- re£eirsa� `- ";b ".tea,,. {3` -' T� ^,iit�o, _�..,. �- nz°.^.rs- too- tetxi} �e� .�aty- assigns»eets�e- assiga.. des c..,- o;.=. � ,�"ieh- aFe- glrysieaA3`-'or -�%fi, �',�`�°� da;na� m,. �. i�aa�netions- .i�t�- :,.��:�cti's- bala�g,.� «�� �axsifiena}- duty'= roa3,- alse- eeiss4st -of (side o€aa an3gleyee s t«&W -wo : Tqw , I ane st jobs Miey- ait&P-- tecedstr-es a. EligiSsilify - Eity- eatgloyees- x�ko- sa,Eads�- ae- is}ury -or- dines- e»- ea_o€fxke je13: tka- iiiaesWenat a T _`:. -- ...par ie tEt o s f�oN3 a . ,,mama r 7- ^a°9 -a-=^= T. �' ' r`"�'°"g �L'• me a:id�3a g a" ram s� a�P a.,n a%ar `ass s oi3is e hor rular a! pFe gesiEaosr axd{ooerti€ykt� t# e erxtgleyce s als; €erxi ike ins exal du. reeeiiag workers cenr}3e ssagion bevels too t� asay wire tke e r gle3 ce YO ekta man ��a�aaao? fro" rz« r., e-„ �goyc" i— i= e.o��ts"- eor�t��an- ailga'HYP.d �6dr'C- al-gle�ider;- aAdd$i��m- xry «L c- y,- �.+-a�n`i eon aWi y ke- ensgleyea4 -sge AYaiFabil' tty�aravai4a�lity- o €- T- rnsisi4ionat- 9trty -s 118 CI'T'Y OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS a: �;az�si�ierial- d>3t�.v% 111 - only- be- ptovjded- itff -a; -'�- 'arras- Yee- ezxple�. e� ^-�; e'Qi. ^-r. tiyt3- ic£ie�as- aan-bo aec- en�odatc�- basocl- eri- tHe- leg��ate -� ��siriess- a�eafis- o#'- fho- Giby --�1 s- arx- etnl >�xec�ical- restr- istieas -aad oskiai ads- o-f- 4He- �latc�- e£- istafss- te- fal,- ��-�'' :;,s' --L, =c �eeuisioii- er- ea�ttiaaed- �reutsis�i- e£- t�s>3siEietial- dt+tiy- �,ui{1 -ire re- eaa�aa�: S 1;- aa- er�lsy_..- ia- a,.�,.' ely�rest�ioted- frw�- vi�oelciag- Eke- sai�+o -z#+ Mabee- e�l�oar &- pa��wee1F- iR- iraasitie�a! £er- ar33�3 f€ erexso- i�- i#e- r�aa}k��- e�kear- sa}arl y- �va�1Ee�- ge�week- ve�strs- ta3 e- a��trtk��s��= kaa�sa�rer'kod- por -woe1E +a- tra�siEioaa{- �uE�� -1€ Eke -aeeaderH= e�ilH3ess -i s- �vsrfc�elaYU�t{�e'ex�gla3 eea�tay-ke-e�tgi blo- to- i�eoix�xi�R u, 4tk- tl�- j3el+c- ies- a>3d- Ce�akE{- state; a»d- loEad -lau �B+rr� tan ef- T�'�siEierral- Dtrtiya a. T.". e- �^- it�wil!- adloau- aa- e+ r�{ �layoe- to- far€ei�- t+aas#t�oaa]- date- fer-a- for- ia�- egaa #- te- t#sa�Pleyee= s- pa>iod -e€ reka >�ElitaEioei- e�4`e>•- rti�aot�- X98} eaaorzda3- cla�klc- ke��gerled- is- skat#e�: k--- i€ at- c kio- sa+3alasiea- a%�ti�to8y -(�9} -days; Eko- o�t}�k�}ee -is- enable:- EE>-urtax�o- leis -et- Her- r2�lat- }�ositit�st; ceder- sj3esia#- sitsaa3staaees; tltaejn�loyee- n; ay- ac�aesEtke- ti£ y- io- e�Yetid-€ ke- ttaasitiena�siaat- by- t1+1�Iy peried 4. Pie2e�tit�- fsr-- &)bt�xittlire a-�Fr- arts #tiercai- B + +€y- A�ssl{,rt�aen4e a. �' as e ng#eryoe beeontesa acre ekaNa �s nar�asseat aleb k. 'FHc-- �iensaa- Resetx�ee r' Vlanagea ;- er- kis- �;- '�,- .aa.^.s�xc ^, ...:r.,,;- .;,00E -KV te�iatc, �t�- ilte- e1 3ij31( iyee'- 5- ai-) t1 iEy- iO- IJefi9ri�- EHC- eSSeii £lal- �i113a£ienS- O�- t3051tiA�. r� » ^""'.r�afj'� tj3e- �Rkaft I', esoarr- �A4anaget- iu;nn.- d. °t;- ,�a�- ;,,- Fw=iana - fig- �jaflc -Eieer wi€k- tke- c�n�leyee- and- tHo- etn�lagee- s- ir�nediate SNj3. x:i„^.^T'-� the- e.,�.^., "al- €anat' geiar- jie6iti6ii: e— eke- e3nple3` ee- wlll- �1 �rif��Pt `e}tr- iate-- nieeE- vrit�i -k f s- erg,, ..disal- p�suidet- :�a,.�ing -tfto k+{ �3`- to- j3enfa�n-- tlie- essw�iaE- fa+ne£+on., -o; :ns- ae -k.,,. _^ �, i.. �esxi: �-- :.�„- t,," ^- tteaEing- rnee}�cal S�lal'- l3(iSliieH- e. ri- fHe- n3edlEal- j3fE7Wder- dCi<. -. - �a�,m -cr..� �... axj31 9y02- iS- Hi? al3iei- F9lieFiaFni- ane- 6'F- niAt&-9�#kG295@nt-Ial �• ^�„�''�rn^"^,�- �r- m�'''i'� efi„p10yF.6'3 -Few �'� 6a1- prfiYFNlt?1= 5i�` kat- n' 1Cd3631- fCSCi'iEii9nS- aj3�ly- tQ-Eke @n�leyeo- I£ the ea3layee� nod cab p ou3de naH" _ a3ea �a,;,sE ar one ev mom-e€-tHa essential £nacE ens oEHa e Flo} ee s regala� pos t at tithe l T n .0 ^�^ A4aatab r-a HF "e t tee; n 119 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS �-- (%H °-A%I22�'-d'Itl'ifl P-&1191$IdFE &� -QUA -rr. 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'�'^ tip" «���erktrtg- irt- a -I+��E -duty saga'•.: , ,...._ :rrEhe- fiat�o- regaest- limit- dtN��� b y-a�t �e�artta � ^ . k I n.,.o -:s ". - 9uislcte- -)r-tn fitted- te- kol d-- aflY- ere�leysnetrt- et#erer -t#aat �i w th fl a lid }tE duty sagae i3 w ck the - -Eit t# e tE e6ta fl xg p nor u ratan a{�rova� rem- tke- @�iy- h4auage� t1 "<. - -ga;� F•na:. efl�pleyees -aro- severed -ky 1�erlters= Ge�goa3atiea- Taws- afld -are e� +# fled- Ee- ke�e€ts- as- gre�ided -aad a^_ Workers' > a:.. „x,•w« eawe-- A- I- 1�;- .a:a,,,;zmw.a,«-66su� -wi•H� Eisil6fitS- uiiz�.- ..�n�.rs-- GsmgetY atierr�mr���r7ay- ree�.w'C- �a�t.+�y`1 aofl'duty`i musE- ho-regerted- ta3riaediatel� toe fie s su vise wko-skail €e ward tks same -ts�ian- Reserves Oegattnent -eke �ugawiset ska�1 feFlew ag- v tk as nest gat a as p� Nte E ty s drab em- aud- €erivard-i fie -Eke Hegartrnentffead: 10,4 —nr DF.N-F -R -- ®RT4XG 120 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS An eAt�3ayae wHe sA€e} as oA EIS �t�jary xe�a�e�geASy xe� sal to -ebtae �� ��Y -Lem e' �` Aai '�Aea?- ef- Bke- A�sdisal- se�r4se: atda --- Woxt' :et-s -Go FO- Eime -s.; ^ oe i p, fed eAx e jeb- fk�eeA awwai�sd salary eaA3peASai eA ei de "mac^ A�eASa�ea ��s+ nay- be- etke- �i3ieA3se���eASaEieel�ekv� �}7S8bk1kEy- �ea4'e- A- f�1E- ba5i5-0�%SIC-�t�iEYCflee-be%H' Can- i�"x,- b'i8.i= �liat�liC- eai33ii b$- B%ii�a eu�lod- 113e�sef#ks- paid- oAdeFE3� ;- �k�i�k2-X�erlcot's- Eo�at}� - A3ei�er- ied- Ae�le- e�:seed Aii }ety{99�- days - der- iAj+ �r}'- iA- aca' �,. .a,�'a'-"se,.L��AiAOt3� {- 99)�; .# »r#ove�is3cass: 44.e-- dVRXj)'U -T-V 7 cave -w tkoet pay gay be g+ anted fe�a rev od srot ie exceed sip sabAdartr A€ksto enable an 4yee4e- Leselw pFokaMeAal- er- teeknieal ttali n v}} s3i dll a psave wor] sly k(s epee sexaa —� aa� kont paY alse bs ga# sd- Yer- e�eAded- iaJt�ess- oa�isabi�it'j'— A}I- re�e�esis- for - heave- mvtboai- I3 ay- aie- sr�jest- te- approual- e€- t� -C-riy MaAaAbei- I�pen- ietai3,- f:.ai�e- wit�ioit�Ray $tt�� ;- Ike- Git3+- wi}I- ��ales- aysFy -c€ fort- to- pievide- ao-en3p7oynaeAt- in- tl�e -sarAe pesttiort�eld- piieF -te - love- tF- tl�e- pesitieA- instill- avai�klo; e�eopt- as- piovtdedti�- 44ae- ��^,i;�:,' �- ;:,c�,cz.t- �.�.ve -Asf -If YI3C- pOSlEN3i ?- YFiH3E:k4aiiable� aii? p{ OjPR- liha}'- b2- j3iao^.^ �- Hi- at lEiitliei�- f9FWbi6i3- ii( i�Si1C- i5- F�Naiimv'- .a,- Vni.°iroii: —iv available: z3 0 —}u I� ARY 6EA 1 I 'dill- ElAie- CAiproy..aS-kiia+f -b bYa3ifed�ry- lea' Je- li' 3£ bOFi% p3j+- afld- liai+ E-}' ig} ktS-0 i- Fe- 6kR, Alvj�a��,N- a�NI-ie5f8Taft@A-B� seAleFit�;- status - and- ga3�as- Yep- €on,;- ,,.- tIFO�F7i3i#er�ied -- cruises- pkeytaenf- and- kle- e°,�lo�,,�o�,",•^ Fe �Ib4i— �eays- san- be- gi=aavte: , � .- peiou- .,f- HVe- (- �- ysat's, -eF- far- sxsk- tdtAe- less - tart- twe- yeaFS- fleet -tke erAployees- retAa;:,- ;a;�;.tlitaFY'servlse; aadare- subjee- 1•- to -�.�; sea- MSeeddA�- EO- prt�vsiotf- e�€��edei� �Apltyee;- Nike- betoitg- to -tl�e- Merida- kl a%sonal- Fward- er•- I3.S- Rc+seF�a - paid - leave -e€ akseAC oilda3Ys-€ er- regaiced- trYtiitin��vit #eublE�sna�vasatieA aAd�eF- leave- EitAo-in- ,iii�} te- lcleada�tai+�to- El}a��,p:, -r;-I T 121 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS 9- �' t£j*-- ufl�. {^-C- OiA}`�l'}F -FW#� }--ill.°. �� -v�rr v+' z nCViG( iS- �- 7iT�9jYi3CH {-- ai#C�- �i(1-6fl3j31Bj"i3?ai•• n�,•i�vroxfl- -Zi�-J / r��k'yr- �1- G9�9�Vd}HS}1- {S-aua{ idle@ 9i�lC�ra� .n ",.`�cC56Eiei4§NCi#1= �R E� Ed In- 4} iE-# NN?l�i :i- 8i- 8Ht]3�0j'C6'- S- IiA}�6- 31#k}1}4- ^ji0%�Hrj96S0S -0 beioaveleauo ;- ii�i�edia€e€aa�rky- pia l- t�erlef'mn°?k. °�;?�':: ^.;: ?c (3apBHkS� Ah .t— A - smcan^"'munx"vz�--.�i3HC S- tTia)+- �C- nF3ii£@£{- �O %a -f}aai iBAc'ta �a'fStr%32aVa- 9iia�e- abi'a ^tHaeSc 4 -2- o9 Eeat i4w- lAiiii• A i^eC r .,.. .�3a- X83 =H1-0 T- EO(3jr-8'� %�lC'- fait {}i- aL� "-�mver""�,; vF-- pH§11Sila�- 9�ikth3ixj -�3 .a E9?Sa{i8H- IG- dtJ]3I0u2(�r a M a 15. . a r. 1. GeBmpeasatefy }�effnod- as4eaVC�-°°f2fkS {i7i36- \i'6F�E8� aS- a^yprv^+v'�n;j : -.i,.° _�. °.'p"2ni E.^.;}%- x'134 -` mgr- chy- i4afla$@i"— Ti- nv..nt,,• " ^-cm Si�6&EJ6tlS -ai9 el 81- -lards A£4 (Fl," ar- a- ceastAered -eft§ clan -sees na{- er- ceill�eiisatery-€ iilxo;- t�lless- s�estliealpreved- �Y- t)la- Eii3�A4a»a�a� Gemp6HS may:ri:- ix:arzn� ut4iZC" :ix'"' `xrz -mt" rn?iaH�ai�'2ui- nrmimo..I, i {-i i- itn�irv^pC.lSa{6 +ii3iCf{^C8�' =b#! ;iaf,uawy 1 ofBaal�c3le l Ia%y Hal--fgA1�6RSd#Ai - T3tNG -9 -�L-a iBVEi� G 6 - 'i16NF;r6' 68R# ensawrjr-{i e- eseivB . �-lia P0- E) 3aN- f8r'' �- ��- �- �t@ lt£ 5- 3- W86jF�ifS- LiNia- k$- C- �C� }A£�- d9- Bi'OY#rm'C,.- r^m" -an "R a � y- t {le- Delra#+rceiil� lead {ei�esi`�wee3- kaaier- te-be�ir� sver�eci:- .4�l- aR�leyees svkeSe }Rplo�y -,i0f- Y6-WAf c--g 1 i38iilG Oii} x?N}?aii assigxie�- and- a+ �t�orrze�— VeHiRtee�a� kieuglNaall- iRxea�SeRe�- and- a�lrrasrate� -; i�Re�g„r�::*«�. ^'� is -iaac -des vd- laas -rw�� fleurs �Rd- �verlCirig tlu:;�aaeh- perieds £�ingleyeas- wile -€ ail- ie- €eAow -t{ lase -i= saes- and- rogRR7at�ens- e�wl�'e -ge epo# �y'- Eaerferan- thei�datfes- �cevide -a d:'�i�. -ta- esker- ei» �leyees- a+tc�residenYS- ef- tlis- Ei15'- 122 CITY Or SOUTH MIAMI PERSONNEL RULES AND REGULATIONS "_- ^.' C.; uses- k'e�= Hisc�pi€ner- y- Retiisrz { �aetiea- i�kdeLi- �efleeis- �its��or3- aka- C- #y- ser- uic- e- er -is-a- digest 4i4adraxee- to- tie- e€%c- Iiue- pe��ez�tat3c -e-e€ x3aniei�ai- gever�m�eaiat- Ptrx�ieas- sl�akl- be- esa�siAased- geed- eaase- fe�dis�silskie :ary- astieaa-- `�aek- eaeeas- +ray- i�lt�de ariseond�t iaeff�ieae�;- iaso+r��etc�ae� insalierdisatie�riade3er+ se�taFfeaSaac- e�r��fe�atiag- t��atieSees- �etz3or� olai e re€&1 ese fees ins d sc'� exs ase i i}} 4i3cS Ey a ci�de bat am e4he4aowing- X aaa �n tba�er�vr lien s to »af+fy as employer ti3a ce R c� r ieiai etrefV ^�, a,,,' ^e{�atxiaal er- gsxera} �vk- s- wi3�2- rte�b¢-{ �ertttiited- z3d- P7�a- t- ikrc= eaa�] e)+ es- rrH�si�t�aiEe- c- o�reetve- ast- ier� -er' d+ scip4ina�- ac- tiemxd}i- i3e- fa�ea- The- wr-iltca rcl aaad Ater ded to deer 3e �t as efexse ry sgc ;zra3 er delta erf Wiles aadak ea3s I -4 SospeR4w A-s sxisiers &41e4;;.,pora+� e rt- w3d4e -Qt5 de��r��c��t- ta�ad- gray- ses}3cv3d- rglo�ee- wiii�ea�;:�� r = ==- se- €er -a�sr- led- aek -4e- exceed- tkiki3`f"�'i��a3'a ia-a tw..'n'^��'.e�j- ponied- s�ijest- to- t3ie- a�reual ^r�it3� Matraoor-- �-}�e- levee- sl�a�4{3a- aet�aed- ao -lator i{aarrtlze -date o€ �ttspeasiea- iarw�iti3 3g— �7e #e�laall- it7ci�de- rend- datattest- ef- sas�eNSiex-- Atettee- small -be seat- b3- eeiY;�.°d- n��a.; -I; efi€- kai3d- de3luc�- ed;- �siw�e�i-.; fakut�e�t- asl�rto-wledgiag- aer�i�ef- r�eNeo- sEia}1- be•el,taiaed: 1- 7—."- Re4ue9oo is -P-ay �a:S:6- IFHdueEieRi: vi:.s,tea€ie+r{deuaet'ie� A dejaietiea -is-a c- f�aage- Su- d�ztiesy jebtitC,,,- aa�j- „o.,, -,-- ^-,”„ �' ae;-; t�- a- lowe�slassif +satier�--- F�- Depa��c -ad tea y- den�efe- ata-et�doyee- €or --eaa. e x.7:0.7-- HSsmissai A- disiaissaa -is naae»t- tei3�tiaaEier�- s€an -ea « r, «r.,. � 123 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS �' 'lum Rte° �x�e s# awe 13 erx gtlY r €o� wed e€ tie res gaatieg e€ 3 en�i�lapea tr tkke xj e+pa� seczvtce-- tlap- abssi�ce- e€- aa- e�iployee- �ott3�- �viuitot #- kaik•-- fer- tI�€ee- er -r»er �4- de�ai�a3e�ead� sa§jsst te- ulre•a��reuai e€- the- E�•�,as:.r, -� ap -so}� �- �e}adiao re�eai�e- i, raddi�iar 3- to- t#>E- �ap�afkf -e€-i{ Heir- asar�reA- x= aeatio+ rteaae�arat�eEk- l3ay -e��l-ta- �...,- �'•�'-':.•v:,,- ,'�.r f#seti�e BFI ?88� aid titer a£lx she 3a tha teEa+ aetzHibetieu- die -ast aral eed-b4 °1o,- heEh -x Gib -e€S vei4ted-hy-pseva4m tom;& State Stota . e4 s4a f auailah{ e- fer- cft�- duEp- foCatad- t essyn�yr- �aee- rt�ast- sz�xtita esei}3ts- c}ee+�+�et�ti aiborsakle -sssfs €er- st�sisEeffee: k.,-; svi7' it.-'.�.nf•�a�xi;r?A+`-- ;c^ „f ^-t ,' —�OEC - iNOE;'�e -�vr.. •y^x, r•�. T.2. e e-�dai }�{4$}- kalif- n:a��a'��:��tisas to -th+s yule- when- a- �esi fiasra�o�a>}- al te3atate- se�iedtrl:,—:;- i, � "c- a;�leyea'- s- resgertsit}ikitp � ei� re�a��e -�� �tho-t�teave er- are- kahiteatdy- kata.- ntap -be stth3 eat- te- ti�sci} �a�nar- y- astiett- a�-tie-aa3d- :a,�d;�fieta�iaat�: vpffeved b Ae depa empleyewwo�ent ereaxs}de able- everti eke arevei ePas e }t heads tta�arf ear direce- atve+Rpbyee to war[ overt+ 3e wheat- nesessa e3�dead}aes erar epe�atsaal- e Fo addgonak 0 o�Staridards -Acts y' t, a- rxa3�- sentast- H;�,�,:- aa;•- m�.^,.�rr.^ n�^^a;m,�- °'�' - &. c^ :<. "..q _ e..S g b _'J a. 9. :... ^ E _ . .5. q ^ .. 0 -' 4 u 3 . }+ .. J . _. p E • 6 . _I .. •� � 1 4{ � 4 t I. 124 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS T4e -6ty r l a rtd e 0°6 e€ ttitio Eests £o - ppFoved --co ar urder-gfa ate- cea*sewerl a adc « n " ^ §after foc �radaaxscoarsewer�C € Tpleyes5 re4eest33g x� xio JVA1 l b 3eiusl3ura.^,aa:,n�ast�avea- semi - pew «ceea�luatio3x- erg- �#�ytlx- a- ea€in�,:T �:� 033�ora�eues>a aeEeary- dkegadaF -fu}I - t+rae- oai3�aY- r$9ues�t+ri Iie }�et�r�I�s;�eu�e�- der-- eoussewoa•IF- at- au -asc� edified- edtesatiorxa} iustixax�ia- er- a33- ae�edated- edusatieua3- greg: au�t�} �rova- t}iei�e£°ret�✓ea}sss- i;, -a "� �n- �.°-m- pesixier� -wld�d keue£L €e -fut re cares c{eve�opx asat —R3� c + tea is For aay ee4 ses p apprewat u3ust 7�e subs lied xo Hepa#�eat- 3Iead -aud- city- Maa3ager: S#euid�pleyes- tar' tTrirrate- l� :n� ",�,,,e.- �;;ple3�xisaY -Gor -- airy- �.- ,�roa -ry °.trs ";� -twe- years- aF- rec�ivfng- a- iuiEiea} rz�ubarseuieat- payi3e�s#�e- vdt-l- lie- rt�ixired -ta arries- paid - pier- te- ssgaratiea- % -C{�e *Ae3 3 -f{32 - K'id2 -a Fterg2ii X444-az «ulieaHeS -@, 'Ort3ad6e: y- BtE� -GkR A�j'eS5- 0�'1Y'f t}iat- pc�#or�x- esser3t:Y ' �^^. mc:. s- �a3�- be- re�a.^'' �- to=.. �:; ��. n,. n�-.,,, ceasat3�- �}�E�te- Eiauagerei- desigrise> 8uri» g- disaster- openaxiett�it- is- itttpsratii�e- ta3aY- akl- persor�ael-€ sllaw- tk� ®- geridel3�aes- auttiried- in-tl� p3a�3- dam- addition; all- }�erser}ael- skroi�ld- auks- advarree- pleas - far- aha- safe�p- ef- t�ei+- �aa3i�ies aa}d -y�e� sartal- t�reyserty- arid- bo-prc�ated -ta jespond- u•ot�- ahead -e€ ire- bwwera pul3He- to -t}�s disasierx�irtat- £�erseane3- �v�lt+ apart- foi- ddut3�- during - disaster= eporatieas -as- directed -by - t} �a- Bepatx {uea�.Tead- A}}- perser�aet -calved Farrri}y- aa,d- paw "soaa}'prepet hy-- [?erseaflel- a3a3<�e -ree ailed -te- duty£ 3ased- upojrt�triype- at 3d- sevice�6y- o€t{se- eraervens}� €asHrrs- lea - repent- fer_dui�; wtxlseut- pride- appreuat- freaa- N3e- 9epar- tat °.�,„ ^ad-, shall- rc�sait- it3- tetsuiaatioa o€ onapieyirtent: I-' crsea�l- be- ass�tted- fe-dai= _-- ,^*,-,,,.,; ^'=' :^, ?,. ,r, ^- t= 3+'ris��a- Rroparedness- arid- £i;esevery- plea - and- skaa�- ae�lsa�a tpa�r- assi�ad- pest- vales�4te- Beparta3eat- klead -er- other- appiopriafia- ax,,� sr Bader- etxiergaasy- seiiditietzs- C- it3r- -etvzt plefeas�ke -aze- eye•-•' ",,.r.��.m; lie- Fair- balisz- �;taadards- Act- €Iza�ara -��d 7 �i e�; sass- e�fotx�'-E49 }isovrs- p..,- .,�:�. ��d;,e¢ tide -af- tote- Eit�+- 1�4attaget- o�., >b �- o. "�mc- .:anted -abeNs their -reQa as- detera#iv �„ r,r„ -Tara �„er^ • n .,r ees- H�3re- €ail- to- repeta. -f�. duty as directed array- iec- ato- disospH�t�- astiort- vp- ie- ar'rit�ekvdittg- tsr3atioa- o€¢atploy�sr�a �3$:I— FA- Y- £iA£�16 t�T1�9Ft111LTG gdii?C- E19ii- 121GS- BT11�iI�G -E£� , o^„••ergeasy- situat ens - and{ oratatural- disast., s�:, p£ o�c.,- naaar- ;� ^'rsyuired- to-repo-ia -to- work: ",,;- g�ape,d t# ieir- key- s- as- E- r�a�gens }F- %eavef£- �- �^s,,.�.mm"' N�rssave;- •,�i:l -i~. sere- rkeit�- pa3xas- i'alteu•s: - �aaployees -tdaat sr'e-- dir<:st¢d- to- sxa3�ea�o- will- get - paidn€ ei - eight • {- &}i3ours- of- €+vergeaeY-i eaue-%Ed; -}= a = �a�pleyees- tlaaE- ate - directed- te- eepe�- te- sverl�wilk -gec- paid - far- eig} it{ 8j- kovis- af- E- merbea�ean`e -{�.j and- et�t{8}}�evts- ferr'egv}ar• }:ours- worleed: m� T�t"ey�verr�., _� �i�; tigaia�ssitcidct }ed- tia3`'- �".s3- �m:tkgat- rinds„- �.�^,",au� ac- �tne- at�d -a I�al� 24,0 URTZ -- F� ..a}pieyees- apiea- ta- be- beurid- and- akide- by- 4E7s -Etty- skicta- Relasy- da4ed -82 -89!8 abL- in- Departn+&at #lead'^ effie6- M d/{ paAreent- • . • • MR 125 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS skis- �elisyapplles- t�glayee >- ot- I};e- Sil�ulse- ",:xvv: ��..: g:�fen a..�..:.:,- I�;.s- T�tez�at and - enter- t�et�xar -IF Use ofthe F,iky's satu¢or t eta ail iffier t xt a gal gesea a . wtar dates as�geEt� od . �' The-C' ��y- gxevide�sEweral- ittfar- trialioti -skar " ' ' 'ask�liti�- siee- Ito�id ' t_..., « a r�i2ra�ek ii%b �-a "nzxcu�v "°."rvroi^�" -i b � 'r?nsaizC�u^vz -max Wiz^ , ' ^-ata , i rygEµ+ pFiv- vznvcwHi9A# dilaii -i2ie22Hv-piiT«S "rRa- nr• "'U^, at;E� €N'3C89:4�-j38i(965(:-6f sysa-re, and s �.iware fu �iShCd ta-BHi 1—yetis—are3e-�3iL Pa�eFl - Fik2ii no' use2- pasSWapd aGeess a-file orretfi Y023ijf- Sias' e( �- 66iiktiNiiiiS3iia lk-R`}th08t- aHEhA2�iHt10fk fie- 8t31�- kFRttStHl�sSi iiRfaBtta;3S- eit{3': uses send ,� r Fr, _ at e4d _r ._a 11 a�att�et €er wh. tko r ondexstend 'rig of k{t' m4-.w' 'b # Ey -being upon thensrr�mrtu#` g»or to seek use Sa3 eraet� sage- are- as- £ellorvse 4 --- V4olak on o€aa�y laws eg alaE en de nenn#at ex t3 pa3is es nab d a� StaESaad E ent�t} cedes of Dhier. �.— wag- N�a€anity, ebseeAZ�y- € ens{ ve - tie- anetl#or -�s> son;- insh}dit�� thease e�thaea3n�3+t����e,:���}dar; defa�ra�r- sxggasfiages -er e+'aegFa.'flky; -of send+ag - Perna agr- agh:c.mss -eF StOrni 4--- P< rFi�knd-, ynderserr�et�ES- er- tk.�.�.d;;;p o= u;:en,�a.�s 3:— instaiiaHax- e€ es�- a��re��n�`,,;� ^���es- a�e�xte ar- any- kersarta} r3�sens; t�ktAg- in- et- Felatin� -te i c a. „�..,.....:.,. � i, t a• .. fight t.,.. • �'CiIflfl-6%E6]3j�?�arn -ra.T— desigreemayauthed - ?R-the :ftstallai en ef�Son ware. ::v "voEl- oiv. :j=fftarla�- ifl-�i, iaft-aS30}fGj' t islxding E3 , .a ar ' e€fc "' 2 rtrT flair( ar i'ee- used Oitii3E@, S@'$-- Sc.Fa'8ryii- x.,n..vc-"u ;iN "a{-9±'[ei#i'.3tian� :�°- r5'.a. ^tcm iatz .one! o" sa r'j'. RXeo�tiens to t" rCn^ =5 itrn__k -ed to e}aEa'_1:__1: an -ts ssi�niW diiix!{ti9S 'ik?H6k-iila'f -1{i HtE` H?�i3i8rflE --�81- rfi)rf k a b v�bM'TT"sssu^i� 't.t : 1. ..F i Chief of r..�.ns �;z„a- vas, �- Ehe- grior- a}�reaai- o,- 'a•=o -�„=.. .-, e„ae �ntb- r�efiioe "ate t ^ Gity- A4ana -5 : -a� dasig . T4% -Gky3 ha5S se4k ,ware- an4.- SjxSi:£'r1^s , plaGe the' ca*.-ziaflit6r- 3tTdi2£ard -ai b . shenlei-be aware the* the Gz 's B! -Sy9# 7S- C3&�e- Q�-f2G9£f�iilb fiEH4S -aFE -333 ' , L- nEtWariEx 126 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS �- ��e- 6i{3�- resor -ves -fie- rim% Ie- i�sgea k- al�3essYe�sci- ia- �ifvaie- areas- o-f- Yke- Grt3� 's- c- o�ttpute�t�etwe�lti� -e+de� ,, ; ti'^ i., r�,., rep i, r.,« .,,,,. ., «• #ilaii''1?i -4CR� 1. M^St1�10 —o iSCleimC%ef- liaH6llti' =.:ai:."' rry Ym'£eT#?Cf.- 6V233 -W 12ii- .��iH�BE OHS�@a }l- FEE( 8C5E5 - 1i-a iii.�.�nm.mb *a-.. mai} aGG(iaftt ii3aj�- �2aE{r- f0- i6C21�k-- @�--73HS., i4C �- v- iriun�sC"- vn° acixaaq' iia-( ii�6flS7� (5- -2@flEl.li�I�5eFS--3GEP5. Fili}b --�}kE IRi2kA0' �E�E3- 59'aG-i�iE=z-v.:-Pr�:- r�ic -a• ••- �i13 '- �iSElaliA$-ail- I- ]a�iiyj�: I�eS}J@NSi�3l�tf.V- @� -CnTi3 Q9#'CCS €l i? ia- 1: 6- Ciit Y2iOKi�1 3E�- E�@ j4Ee& �iE- 7' 6Sj30 #1Sl}I2- �@FS#aj�i}ib�- 6HFF8A� °- :..arie-YEE6C -ElS E-mazl e ,aaa'^l er �e main ined pabli rees�and a; °� lP ii Eke abseiEe @f as PA Y SeEUrit nslicy 3N#i3E- t#e- c- ii3� -aki# rty- te- s@i�neet- te- tk�tE�nei -ef£e3 s- petE�itial- beie€ �s,- it- Ea3i- a}s@- p@terlia+Ly- pFevids Si '�i}}{iP.aitEi-kS�Esie- dateba3 H,HpI'6j313a�('-Se6Hi# - dtSC- fpiftie- A-C-� EHrip�9j�fN3(¢ Nt��EYkFi�daeC6iiflEakiE- �Bi-@ Rj`• �3X2aekE: i- 9i:�661}KICj'9p- C6fit3dEi#fla�: 26,04P1SUI%A MC-fs £xi�pk�yee�ae ee- te- ke- bei{ nd- aa3d- abide- ky- t33e�ede- o€- Gtkf ¢s- 9�dt}taa„�:.;;,�;- is -ava' I�epai2t'�cnEife�C- its- Gler',� > ^.,- o„°r.,,a� r .ate 127 CITY O><SOUTH MIAMI PERSONNEL RULES AND REGULATIONS �- �a- 6ity-- a£- S,ecttk- A4ia�ri- ��rar}i�txs- are- E- aatg}eyee- tkssistasrra�- (£- nn,�`^ - u,sc�,^,- ias}adit� -t6ei� depenclents =£ i b-e ant € rP�eyees aad4 �t dey�eaido a al xd fa il3 a� t �` a t ^e �dt- Ee- 3sandl alone. aeei;tFaged to seek ass stance befsre st Ek- Prebegat �e}y a€€ect v el]- �eins and- a;�;t�"�o§- �e�fsx»artee. "F -o:� -• ;a3-'�.�ass�addraie Nab- iafat�rzat�x-- by- eontact- tie- Td+tt�ax- Reee�+se r4,..,,.,.....,., 29 -. vza> A ix 1-11 I 1� A� I G 1, y 1. Cha -nom s b Al 2� ,i'y- :.aFpvuyv -8 ':iao- o@IiC�fES- El3a%t�3024 .. iv- o6i�. iu:+ vO�aHA33- Q�- {.}xe-�1Fj'- �,�asa., on' ' ^ vias"ty^'r'Revinj3ja}i3i '.v6/he.;- mxd'u^rs,,-- i-ia-t s., o., „z.+amEC�S- 4V}}eirv0^- EF{'}6 -Eit -aii+i#'iiej'- Tid6 t #at-a-�Ygj@ii6EV-Q i@- C�.'7- �iar•*�.`- i'u1S- 0e6d11' -eC 9 .v^fF�:r'S.Sivn- rr- ��iC-vkc�a nx '"”- mk^- u- iv.^. vimn&• i�at19?3- t9-. rn'- �ziy'- �" "- .mair.�' ^ "'CvTr -i�^iv ci.0-.t'iHdiikn �ieweva:; t'�- a�vecissiar3- slteaN- hake- tl�e- deEet3aHea- u�as44te�a�ry- e..,�'�^ics- k�as- wi „�”; -= ,;orate -' F'�- ..:�n' «r. e} —A ye 4eyee utie (gas w � atJy v stated t{�e City `` e#e; :nay bet minate44F saese. a; £ n Q l Seat3 l a ni shall'- ;rot d �aa t-ai ra�a+as f ees o r-e �s xm. st rttn;. i lnenyi agateec�- tm- b'ea�llaea5s0ett-tvktst0�y}'A- T�1Y3�taYYQvei�'- d��[S. a td'kfe0�- "b(a�- tet�'y�arge; tes4)i� � ed; as , is€eci- cap- panic- mate- itt- any�eavtraa 3"-- -DRGSS-G0DE v%" •spav�a: -^ •�C..T-�vd- FQ�3EP,S2Aii3ti -,.. ••z «l, �- kt}'O�ijEN3L��W2 -]33 9kH'S@�YOS i+ ra- gtefessioiai- niattaier- d�i�- �, vs�kir+ j- Matr�s- TN #i#e- 'ttd�steFx- }�er�ik�- ssr�ew ka�fastt«k�r�e; yet ,- shettld- rtiatr�tai�t -a -neat; e(eaq- aesd -gr IeYees -ate e�ger�ted- te- e3c3aercise -se +sat -cease and- geed- jud�rxienE- wXte��#eositr�- t{tes� wot- k�attite 1'Ite- f�llecuin� gttideiixies -a3e�r a ' - �- r:, c�nGby "aec- e�ta§le'= prefessiotxal- casual attire> — ��- ssgtable- dress- ias} ude: r= �; �- ar,:- ,`I,^,azs�'�E.as.;ess -t- skirts- and�Ia;,=:a -v,'� - 1eng�x5- „xo�ticl -bc -ne skerter -�han 3- insko-sabeve- tks- totro€ tko-kttea- lke#'es$ionaa- st�+ic��e�3- toed -skee� — �er�diieona l- hasiness- aitire- taay -bs-a} Apr - late- aad- re�eifad- fe�ceetai= nfi,e �;,�,resetNatie�sset .r�ts;de -tkte -city: kor- Ekasexec�trired- te- wea�a- un3fer.- „= ,� ° " ^,,Pa:.�a ,.e- slsan; �'-�,”, -a,^n ;;,fast- s��ltex- eeperti b- €eFd�+- and- sHa}i- ke-ir� seat ^ems; •0. �".- any- degat�xtetttat- epciating��eeedares- 9aaiage -te er- lesse€�i€e.;�a < «,�._..ce reHet�ted- intExied {ately- te�ear- sapea�iser: . 31 4 �7'mv rnrwrmrrrn mrnw, 128 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS e r ! a ��loyees- ss�a�at�'„-- �.�^'� #e -�i3' -fey- arty- ioas4�- sl�ak3� �1- te�to- se�a�a�ier�, -cet F}- �tI}�w�3� -aj3d ygttrpnte+It ixi -ai' � e- �e}�a#i�g�ay- giea�s- lest - car- d��#�e 9es�p3eyee a4l be de a4&d- &9m- aiW- i3ay -a "enefks kelp key t}3e GrE} x l- ehestc- w444- i}et -be thesaes �e€tke aye dCat Stead te}rer�tke eo �g[st ca�mnsta sos to kTe �aa Rese a�s�eat w thsat delay- 129 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS DEFINITIONS Administrative Leave — The temporary removal of an employee from active duty status with pay. Such leave is typically .granted when allegations of misconduct warrant or rewire the employee's immediate relief from duty pending further investigation which may lead to disciplinary action. Anniversary Date — Generally the employee's date of hire; however, the anniversary date may be adjusted when there is a substantial break in active duty status, such as during an extended leave of absence. Anniversary date is used to determine years of service with the City. Classification - Positions similar in duties and responsibilities, requiring similar qualifications, and. within the same ay range that share the same descriptive title. Collective Bargaining Agreements - Contracts between the City and a recognized employee union providing specifically negotiated tenns, conditions, and benefits of employment for covered members. The Manual applies to all employees covered by a collective bargaining agreement unless the rules and regulations contained herein are specifically contradicted by the CBA. Demotion — The re- assiamnent of an employee to a position within a lower classification and /or a lower pay scale. Demotion is generally reserved for situations where an employee is unable Yo meet the performance standards for his or her current classification but has demonstrated an aptitude for a another available position within the lower classification. Department Head - Employees who are responsible, under the City Manager, for the operation of an established City_ department. Domestic violence - any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking. kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member, Exempt Employee - An employee who is not eligible to eam overtime under the overtime provision of the Fair Labor Standards Act (FLSA ). Regulations. 130 CITY OF SOUTH[ MIAMI PERSONNEL RULES AND REGULATIONS Household member - spouses, former spouses, persons related by blood or marriage, persons who are uresently residing together as if a family or who have resided together in the past as if a Tamil , and persons who are parents of a child in common regardless of whether they have been married. Except for persons who have a child in common, the family or household member must be currently residing or have in the past resided together ha the § rye in le dwelling unit. mother -in -law, brother -in -law and sister -in -law. Job Description - The written explanation of the essential functions of each classification in the pay plan which establishes minimum requirements as to experience training and other pre- requisites together with statements of duties and other requirements. Merit Increase — A one -step increase in pay not to exceed the maximum pay set in the Overtime - Hours worked in excess of 40 hours of actual work during the workweek in accordance with the pr ovisions of the Fair Labor Standards Act (FLSAI. Part -time employee - Employees who work less than 32 hours a week. Part time employees are not eligible to receive any benefits through the City. Pay Range - The minimum, maximum and intermediate pay rates established for a classification. Performance Evaluation — Written documentation of how well an employee hes met Probationary Period — The twelve montla period during which the new employee is oriented and trained in work assigzmnents, performance standards and required conduct in the new position. Promotion - A change is classification from one classification to another with a higher pay ran e. Reclassification - The change in classification of a position from one classification to another which has been determined to more accurately describe the duties and responsibilities required 2f the osition. Reduction in Force - The indefinite termination of employment due to lack of work or funds, or because of restructuring within the or anizatiom. 131 CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS Rehire - The re- employinent of a former employee who resigned in good standing. Rehired employees shall be treated new employes. Resignation - Act of voluntarily withdrawintr from city employment. Suspension - Temporary removal from duty for disciplinary purposes without pay. Temporary Employee - An employee appointed for a special project or other work of a Termination - The separation of an employee from service with the City. Transfer — The re- assiglnnent of an employee to a different position in the same classification or rade. 132