22To:
Via:
From:
Date:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City
Hector Mirabile, Ph.D., City Manage0
LaTasha Nickle, Human Resources Directo
December 15, 2011 Agenda Item NO.:~~
2001
Subject: Revised City of South Miami Personnel Manual
Request: A Resolution approving and adopting the amended South Miami Personnel
Manual.
ReasonlNeed: 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, includiug 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
admiuistration 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:
o Proposed resolution
o Proposed Personnel Manual (final version) o Proposed Personnel Manual (redline version)
1 RESOLUTION NO, _____ _
2 A Resolution approving and adopting the amended South
3 Miami Personnel Manual.
4 WHEREAS, the South Miami Personnel Manual provides consistent and equitable
5 personnel policies and establishes workable guidelines for the implementation and administration
6 of City policies for the South Miami employees; and
7 WHEREAS, the administration recommends changes to the Manual to reflect changes in
8 federal, state, and local laws; and
9 WHEREAS, the recommended changes are also necessary to clarify employees' rights
10 and responsibilities as employees;
11 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
12 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
13 Section 1: The City of South Miami Personnel Manual is approved and adopted.
14 Section 2: The Manual is attached hereto and incorporated by reference as if fully set forth
15 herein.
16 Section 3: The amended Manual is effective immediately upon the approval of this
17 Resolution.
18 PASSED AND ADOPTED this __ day of ____ , 2011.
19
20
21
22 ATTEST:
23
24
25 CITY CLERK
26
27 READ AND APPROVED AS TO FORM
28 LANGUAGE, EXECUTION AND
29 LEGALITY:
30
31
32
33
34 CITY ATTORNEY
35
Approved:
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Personnel Rules and Regulations
Table of Contents
GENERAL POLICY ............................................. '" ............................................................................ 8
DISCLAIMER ............. '" ........... , ......................................................................................................... 8
SEVERABILITy ......... '" .................................................................................................... '" .............. 9
ApPLICABILITY OF MANUAL .......................................................................................... '" .............. 9
ADMINISTRATIVE DIRECTIVES ......................................................................................................... 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
2.1.2 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 REGULA nONS
2.1.5 Reporting Overtime Work ............................................................................. 16
2.1.6 Compensatory Time ...................................................................................... 16
2.1.7 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
2.14
3.0
3.1
3.2
3.3
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
Leave Without Pay ................................................................ '" ..................... 27
Employee Standards and Practices ................................................................ 28
Employee Code of Conduct .................................................. '" ..................... 28
Customer Service Policy ............................................................................... 28
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
3.6.2 Use of City Vehicle Policy ............................................................................ 34
3.6.2.1 Ownership and Privacy ................................................................... 34
3.6.2.2 Purpose and Use ............................................................................. 34
3.6.2.3 Maintenance and Upkeep ............................................................... 34
3.6.2.4 Safety .............................................................................................. 35
3.6.2.5 Accidents and Theft ........................................................................ 35
3.7 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
4
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.1 7
3.18
3.19
3.20
4.0
4.1
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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
3.9.3.8 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
3.9.9 Rights under Collective Bargaining Agreements .......................................... 43
3.9.10 Confidentiality and Records Maintenance .................................................. 43
Workplace Violence Policy ........................................................................... 43
Anti-Discrimination and Harassment Policy ................................................. 44
3.11.1 Employment Discrimination Defined ......................................................... 44
3.11.2 Harassment Defined .................................................................................... 44
3.1 1.3 Reporting Procedures .................................................................................. 45
3.11.4 Investigation Procedures ............................................................................. 45
3.11.5 Disciplinary Actions .................................................................................... 46
Anti-Retaliation Policy .................................................................................. 46
3.12.1 Complaint Reporting Procedures: ............................................................... 46
Political Activity ............................................................................................ 46
Conflict of Interests ....................................................................................... 47
Authorized Use of City Name ....................................................................... 47
Solicitation ..................................................................................................... 47
Protecting Confidential Information ............................................................. 47
Training and Professional Development ....................................................... 48
Adherence to City Charter ............................................................................. 48
City-Wide Emergencies/Reporting Procedures ............................................. 48
Performance Management.. ........................................................................... 49
Performance Planning ................................................................................... 49
5
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
4.2 Coaching and Connseling .............................................................................. 49
4.3 Perfonnance Evaluation ....................................................... '" ...................... 49
4.3.1 Evaluatious 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
5.1.1 Plan Administration and Maintenance .. '" ............................ '" ...................... 51
5.1.2 Use of the Plan .............................................................................................. 51
5.2 Job Descriptions ............................................................................................ 51
5.3 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
6
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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
7
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
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 committees 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, mru1ager, 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.
8
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.
9
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 persormel for each
position in the most equitable manner possible. The rules and procedures set forth in this Policy
ensure objectivity, consistency, uniformity and job relatedness through the design and
implementation of appropriate persormel 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 andlor any federal, state or local law regarding Equal Employment Opportunity.
Applicants andlor 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 Gnidelines
1.2.1 Minimum Qnalifications
Each applicant must meet the established minimum qualifications in order to be eligible for
employment in the position. The Human Resources Director establishes the minimunl
qualifications necessary to perform the essential functions of each job in the City service; these
qualifications are set forth on the official job description and posted with each vacancy
armouncement.
10
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
1.2.2 Employment of Relatives
The City pern1its the employment of more than one member of an immediate family III
accordance with the following provisions:
1. The Applicant is qualified for the position.
2. Such hiring does not discriminate against other candidates for the vacant position.
3. 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 maximum 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 (l)
week for regular full-time and regular part-time positions. Job announcements may be
distributed to local area goverrunents, 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 ofrace, 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.
11
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
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 Depru.iment will screen applications to identify applicants that meet the
posted minimum requirements. The list of qualified candidates will be sent to the Department
Director andlor selection committee 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:
1. The failure to possess the minimum qualifications for the job.
2. An unsatisfactory employment record andlor other record as evidenced by
information contained on the application form or by the results of a background
andlor reference check.
3. 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 pemlits
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 REGULA nONS
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 tennination 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
intemal employment application for an amlounced 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-tenn 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.
1.7.4 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
perfonnance in the C11lTent 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 perfonn 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 tennination.
2.1 Work Schedules
2.1.1 Full time Employmeut
All full-time employees are reqnired to work a 40-hour workweek, nonnally 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 gnaranteed 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.
2.1.3 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 lmlch period, employees must be completely relieved of work-related duties
and responsibilities. In addition to the designated lunch 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
fOlih above, the regular work schedule for such employees is forty (40) hours per pay week.
Under extraordinary circmnstances, 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 au 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 aud 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 Humau 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 meaus, 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 andlor 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 Religions Observances
The City maintains a strict auti-discrimination policy aud 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 auy 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 au undue hardship and does
not impact health and/or safety.
2.3 Outside Employment
No full-time employee is permitted to work at au outside job, including self -employment,
without the prior approval of the Department Head aud the City Mauager. 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.
16
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 time 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:
1. January I
2. 3,d Monday of January
3. 3rd Monday of February
4. 4th Monday of May
5. July 4
6. 1st Monday of September
7. November 11
8. 4th Thursday of November
9. Friday after Thanksgiving
10. Yz 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 1 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 Annnal 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 Monthly Accrual Amount of Annnal
Uninterrupted Service 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
shall 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 pennitted to accrue Arumal 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 Y, 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
18
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;
c. 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 REGULA TlONS
Sick leave will not be granted to an employee who is not available for scheduled work because
of a reason umelated 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.
7. 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 RULES AND REGULA TrONS
directives of this policy. Abuse of sick leave will subject the employee to disciplinary action up
to and including tennination 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 lor
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 andlor 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 andlor 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 Hnman 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 fOnTIS 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 personnelfrom 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 perfonnance-
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 Hmnan 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 REGULA TlONS
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;
f. An employee is also eligible for a leave 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
cormected injury or illness.
2.9.3 Calculation of Leave Period
The 12-month period during which the employee may take 12 weeks ofFMLA 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 healtll 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.
24
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
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 fonn, 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 I-Iuman Resources Department section.
Forms are also available in the Human Resources Office.
Following confinuation that the employee is eligible for FMLA leave, the Human Resources
Department will submit the form to the employee's Department Director for his I her approval. The
fulIy 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 of a death in employee's immediate family In
accordance with the limitations set forth herein. For purposes of bereavement leave, immediate
family includes 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.
A maximum of four workdays may be granted for a death in the immediate family. Two (2)
additional days ofleave may be granted if travel in excess of250 miles is required.
Proof of death in the immediate family in the fonn of a copy of the death certificate or published
obituary must be provided with the approved leave fonn before compensation is approved.
2.11 Military Leave
The City complies with the Uniformed Services Employment and Re-employment Rights Act of
1995 (USERI{A). Full time employees are eligible for military leave without pay and have
rights of re-employment and restoration of seniority, status and pay as set forth in USERl{A.
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 USERI{A.
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 anyone 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 £i'om 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 imprisomnent, or
26
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
any criminal offense resulting in physical injUly or death of one fanlily 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 Jury Duty/Civic Leave
Employees selected for jUly duty will receive full pay for such leave, minus any compensation
received from the COUlt 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 REGULA nONS
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 aud/or interferes with the efficient operation of the City or auy 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 aud satisfaction is a high priority. Employees are
expected to treat citizens, visitors, vendors, co-workers, aud guest with the highest level of
courtesy and respect. Employees are required to devote full efforts to resolving customer issues
aud to conduct themselves in a manner befitting the City of Pleasaut 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 aud 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 Mauual 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, auy unsafe conditions
observed. Typical examples of unsafe conditions which should be reported include, but are not
limited to, the following; wet or slippery floors; unlocked buildings/offices; equipment or
furniture left in au unsafe manner; defective electrical wiring, lamps or outlets; broken windows;
smoking in unauthorized locations; and objects obstructing entrauces 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
28
CITY OF 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 eamings 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 Depaliment must be immediately notified via telephone of the accident. After-hours
on-site testing will be anthorized 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 (I) 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 effOli to accommodate bona fide
functional limitations with transitional/light duty assiguments.
3.4.2.1 Eligibility for transitional/light duty
Employees are eligible for transition/light duty assiguments 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 REGULA nONS
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 recelvmg workers' compensation benefits cannot refuse a transitional duty
assignment nnless supported by appropriate and current documentation from the employee's
medical provider stating that the employee is unable to perform. 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 tennination 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 and 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).
30
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA TlONS
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:
1. 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 REGULA nONS
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 wl1awful 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, news group
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 accoW1t may lead to receipt of
W1solicited 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 po stings 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. Facebook, Twitter, LinkedIn,
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, fonner employees,
clients, contractors, vendors and/or citizens.
33
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA TrONS
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 vehicle.
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
trullk 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
34
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 loccupying 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
Auy 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 Drng 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 Rnles require all employees to be free from the
influence of illegal drugs andlor 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 perfonn 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.
36
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
No disciplinary action will be taken against an employee who self identifies under this "safe
harbor" 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
retum-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 confinned 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 eutering 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.
3.9.3.5 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 s.elected
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
confinnation 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 3l1d 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.
3.9.3.8 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 Hun1an Resources Director via the designated after hours numbers. Upon receipt
38
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 final 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 of1991, 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
39
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 8n 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 the 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
40
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
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, infonn the donor that the MRO is an agent of the City whose
responsibility is to make a detennination on test results and report them to the City, and infonn
the donor that medical infonnation 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 infOlmation 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 infonnation 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 detennine 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 documentation (i.e., a doctor's report, signed prescription, etc.) within the
five (5) 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 infonnation 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 MRO shall verify the report as
positive.
41
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA TlONS
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 SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 nnless 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 tennination 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 AND 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 VII 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.
44
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
Harassing conduct includes, but is not limited to:
• Epitbets, 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 shalI be placed in the appropriate pre-investigation file.
3.11.4 Investigation Procedures
AlI 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 MIAMI PERSONNEL RULES AND REGULA TlONS
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
46
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
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 tenu 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 ofInterests
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 andlor 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 nalne, its official seal andlor 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 andlor as expressly required
by applicable law, including but not limited to Florida Statute 119.
47
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
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 repmi 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.
48
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
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 armual basis during the evaluation period and tlHoughout 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 perfonnance ratings must be supported by
specific, objective facts.
Performance evaluations shall be completed by the innnediate 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 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 OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
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 Heads
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 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 may be 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 perfonn 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 SOUTH MIAMI 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
probation/annual evaluation.
d. The Plan shall be used in determining lines of promotion and 111 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 REGULA nONS
Eachjob description shall contain the following components:
1. Job Title
2. DepaItmentlDivision
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 employees 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 REGULA nONS
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%) 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 involwltary 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 oflongevity 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 OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
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-l), (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-l), 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" acclUed, 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 IUles may result
in errors or delay in the employee's pay.
5.6.1 Timekeeping 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 perfonning assigned duties, whether before or after scheduled work
hours.
Non-exempt (hourly) employees may not report to their workstations andlor 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 REGULA nONS
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 repolied 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 Human
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 REGULA nONS
5.6.4 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 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 pennitted 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 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.
56
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
5.6.4.1 Complaint Procednre
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 procednre
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 ofthe 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 Ofr
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 tennination 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 violates 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 fonns 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.
58
CITY OF SOUTH MIAMI PERSONNEL RULES AND 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 Snspension
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 1 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 impOltance 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
norms of workplace conduct and/or discredits the City shall constitute grounds for appropriate
disciplinary action.
intimidating, com"ciug,
or interfering with Reprimand Suspension Termination
another employee,
vendor, citizen, or guest
Provoking a fight or
fighting (physical Termination assault) on City
or assaulting
an employee, vendor, Termination
from
designated duty station Reprimand Suspension Termination
Tardy or absent
from work without Verbal Warning Reprimand Suspension
authorization
Reporting for work
under the influence of Termination
illegal drugs or alcohol
Drinking alcoholic
beverages or using Termination illegal drugs on City
60
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
Violation of
City's drug-
free workplace policy
Unauthorized
Possession of firearms
or explosives on City
Gambling on
City premises
Making false, vicious,
malicious statements
about an employee,
vendor, or citi7..en
Use or possession of
another employee's
property without
permission
Carelessness or
negligence
Obstructing City
operations
of
City property from the
premises without
Speeding in a
City vehicle
(Ticketed & traffic
violations)
Failure to complete
required time and
attendance record
for
Termination
Termination
Termination
Reprimand Suspension Termination
Reprimand Suspension Termination
Verbal Suspension Warning Reprimand
Suspension Termination
Termination
Termination
Verbal Warning
Termination
Termination
Verbal Warning Reprimand
Suspension Termination
Reprimand Suspension Termination
61
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Reprimand
Falsifying official City
Termination records
Altering time
Termination sheets
on the Suspension
Insubordination or
disrespect Suspension Termination
Violation of civil
rights Suspension Termination
Commission of any
offense classified as a Termination
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 REGULA nONS
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 report to work or to report the inability to perform in a timely
manner unduly dismpts 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
stmcture, 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 detennining 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 perfonn 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 Resonrces
Department advised of a current mailing address at all times.
63
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
64
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
separate from the City's employment for any reason are entitled to temporarily continne 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
40la 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, 20 II will have a one-time 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 I, 1995, the benefit accrual rate (multiplier) shall be increased from 1.6 to
1.8 %.
b. Effective October I, 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 I, 1998, the benefit accrual rate (multiplier) shall be increased from 2.25
to 2.5% (historical data).
65
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
e. Effective October 1, 1999, the benefit accrual rate (multiplier) shall be increased fi·om 2.5 to
2.75% (historical data).
f. Effective October 1,2011, the benetit 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 six1y (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 fif1y-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 accnmulated 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
nonnal retirement date -the later of attainment of age sixty (60) and
completion often (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 Ci1y 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
66
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
tuition only rate for an equivalent credit hour at Florida International University (FlU).
Employees requesting tuition reimbursement must have a current satisfactory perfonnance
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 tenninates 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
perfonnance.
You may request additional infonnation 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 perfonn 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 safegnard our employees from this illness and reduce flu-related
absenteeism.
67
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
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.
8.9.5 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
11. 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.
68
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
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 REGULA TJONS
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 perfonned.
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 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.
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 eam 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, fonner 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
perfonnance evaluation.
Overtime -Hours worked in excess of 40 hours of actual work during the workweek 111
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 through the City.
Pay Range -The minimum, maximum and intennediate pay rates established for a
classification.
Performance Evaluation -Written documentation of how well an employee hes met
expectations in the perfonnance 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, perfonnance 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 detennined to more accurately describe the duties and responsibilities required of
the position.
Reduction in Force -The indefinite tennination of employment due to lack of work or funds, or
because ofrestructuring within the organization.
71
CITY OF SOUTH MIAMI 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 voluntaTily 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 Rules and Regulations
Table of Contents
........................................................................................................................................
......................................................................................................................................
............................................................................................................................... GENERAL POLICY
....................................................................................................................................................... 15
DISCLAIMER ..................................................................................................................... , ............. 16
SEVERABILITY ............................................................................................................................... 17
ApPLICABILITY OF MANUAL •........................................................................................................ 18
ADMINISTRATIVE DIRECTIVES ....................................................................................................... 18
1.0 Employment Procedures ................................................................................ 20
1.1 Equal Opportunity Employment Policy ........................................................ 20
1.2 Employment Eligibility Guidelines ............................................................... 21
1.2.1 Minimum Oualifications ............................................................................... 21
1.2.2 Employment of Relatives .............................................................................. 21
1.2.3 Re-Employment of Former Employees ......................................................... 21
1.3 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
1.5.3 Transfer During Probationary Period ............................................................ 25
1.6 Classified Employment Status ....................................................................... 25
1.7 Other Changes in Employment 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 .................................................................. 26
2.1 Work Schedules ............................................................................................. 26
2.1.1 Full time Employment ................................................................................... 26
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
2.1.2 Part-time Emplovment .................................................................................. 26
2.1.3 Breaks and Rest Periods ................................................................................ 26
2.1.4 Overtime Work Assignments ........................................................................ 27
2.1.5 Reporting Overtime W ork ............................................................................. 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 ..................................................................................................... 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 Reporting 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 Leave Program .................................................. , ...... 33
2.9 Family and Medical Leave Act (FMLA) ...................................................... 34
2.9.1 Requirements for Eligibility .......................................................................... 34
2.9.2 FMLA Oualifying 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
2.12.2 Procedures .......................................... '" ............................. '" ...................... 38
2.12.3 Definitions ................................................................................................... 38
2.13 Jury Duty/Civic Leave ................................................................................... 39
2.14 Leave Without Pay ........................................................................................ 39
3.0 Employee Standards and Practices ................................................................ 40
3.1 Employee Code of Conduct .......................................................................... 40
3.2 Customer Service Policy ............................................................................... 40
3.3 Employee Safety ............................................................................................ 40
3.4 Workers' Compensation Policy ..................................................................... 41
3.4.1 Injury Reporting Requirements ..................................................................... 41
3.4.2 Return to Work Program ............................................................................... 41
3.4.2.1 Eligibility for transitional/light duty ............................................... 41
3.4.2.2 Duration of Transitiollal Duty ........................................................ 42
3.4.2.3 Refusal of Transitiollal Duty .......................................................... 42
3.4.2.4 Outside Employment ...................................................................... 42
3.5 Dress Code .................................................................................................... 42
3.6 Use of City Equipment .................................................................................. 43
3.6.1 Intemet Use Policy ........................................................................................ 43
3.6.1.1 Unauthorized Use ........................................................................... 44
3.6.1.2 Right of inspection .......................................................................... 45
3.6.1.3 Disclaimer of Liability .................................................................... 45
3.6.1.4 Responsibility of Employees .......................................................... 45
3.6.1.5 Security policy ................................................................................ 46
3.6.1.6 Social Networking Policy ............................................................... 46
3.6.2 Use of City Vehicle Policy ............................................................................ 47
3.6.2.1 Ownership 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 Drug Free Workplace Policy ......................................................................... 49
3.9.1 General Policy Statement.. ............................................................................ 49
3
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
3.9.2 General Prohibitions ...................................................................................... 49
3.9.3 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
3.9.3.3 Rehabilitation Program Requirements ............................................ 51
3.9.3.4 Testing Policy ................................................................................. 51
3.9.3.5 Pre-Employment Testing Policy ..................................................... 51
3.9.3.6 Random Testing Policy ................................................................... 51
3.9.3.7 Reasonable Suspicion Testing Policy ............................................. 51
3.9.3.8 Post-Accident Testing Policy ......................................................... 52
3.9.3.9 Return to Duty Testing ................................................................... 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 Drug Test Results ...................................................... 55
3.9.9 Rights under Collective Bargaining Agreements .......................................... 56
3.9.10 Confidentiality and Records Maintenance .................................................. 56
3.10 Workplace Violence Policy ........................................................................... 60
3.11 Anti-Discrimination and Harassment Policy ................................................. 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 City Charter. ............................................................................ 64
4
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
3.20 City-Wide Emergencies/Reporting Procedures ............................................. 65
4.0 Performance Management. ............................................................................ 65
4.1 Performance Planning ................................................................................... 65
4.2 Coaching and Counseling .............................................................................. 65
4.3 Performance Evaluation ................................................................................ 66
4.3.1 Evaluations for Probationary Employees ............................................... : ...... 66
4.3.2 Evaluations for Classified Employees ........................................................... 66
4.3.3 Evaluations for Department I-leads ............................................................... 67
4.4 Performance Improvement Plans (PIP) ......................................................... 67
5.0 Classification Plan, Compensation Schedule, and Payroll Procedures ......... 67
5.1 The Classification Plan .................................................................................. 67
5.1.1 Plan Administration and Maintenance .......................................................... 67
5.1.2 Use of the Plan .............................................................................................. 68
5.2 Job Descriptions ............................................................................................ 68
5.3 Compensation Plan ........................................................................................ 68
5.3.1 New EmploygeS ............................................................................................. 69
5.3.2 Pay Rate Upon Promotion ............................................................................. 69
5.3.3 Pay Rate Upon Transfer ................................................................................ 69
5.3.4 Pay Rate upon Demotion ............................................................................... 70
5.4 Merit Raises ................................................................................................... 70
5.5 Longevity Pay Plan ....................................................................................... 70
5.6 Payroll Procedures ......................................................................................... 71
5.6.1 Timekeeping Requirements ........................................................................... 71
5.6.2 Direct Deposit and Issuance of Checks ......................................................... 71
5.6.3 Payroll 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 Investigation of complaint ................................................................................ 74
5.6.4.1.3 Non-retaliation .................................................................................................. 74
5.7 Overtime Calculations and Pay ..................... , ............................................... 74
5.8 Compensatory Time ...................................................................................... 74
5.8.1 Requesting Compensatory Time OfL .......................................................... 75
5.8.2 Payment for Compensatory Time ................................................................. 75
5
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
6.0 DisciRlinary Actions and Procedures ............................................................ 75
6.1 DisciRline Policy ........................................................................................... 75
6.1.1 Verbal Warning ............................................................................................. 75
6.1.2 Written ReRfimand ........................................................................................ 76
6.1.3 SusRension ..................................................................................................... 76
6.1.4 Termination ................................................................................................... 76
6.2 DisciRlinary Guidelines Table ....................................................................... 77
6.3 ApReal of DisciRlinary Action ...................................................................... 79
6.4 Grievances ..................................................................................................... 79
7.0 Tern1ination of EmRloyment for Non-DisciRlinary Reasons ........................ 79
7.1 No Cause Tcnnination ................................................................................... 79
7.2 Resignation .................................................................................................... 79
7.2.1 Job AbandOlll1ent... ....................................................................................... 79
7.3 Retirement ..................................................................................................... 80
7.4 Reduction in Force ........................................................................................ 80
8.0 Other Employee Benefits and Services ...................... '" ................................ 80
8.1 GrouR Health Insurance ................................................................................. 81
8.2 Group Life Insurance ............................. '" ..................................................... 81
8.3 Long-term Disability Insurance ..................................................................... 81
8.4 Voluntary Insurance ...................................................................................... 81
8.5 COBRA Continuation Rights ........................................................................ 81
8.6 Retirement Plans ............................................................................................ 82
8.7 Educational Incentive Program .................................. '" ................................ 83
8.8 EmRloyee Assistance Program ...................................................................... 84
8.9 EmRloyee Wellness Program ........................................................................ 84
8.9.1 Health Fair ..................................................................................................... 84
8.9.2 Flu Shot Clinic .............................................................................................. 84
8.9.3 Smoking Cessation Program ......................................................................... 84
8.9.4 Weight Watchers at Work Program .............................................................. 85
8.9.5 Bariatric Surgery Benefit ................................................................. '" .......... 85
8.9.5.1 Minimum Eligibility Requirements ................................................ 85
8.9.6 Walking GrouRs ............................................................................................ 86
8.9.7 SURPolt Groups ............................................................................................. 86
DEFINITIONS ............................................................................................................................ 130
6
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
SECTION
lNTRoDUCTleN-'fO TilE MANUAL 1.0
~olicy and Purpose----·-------
6
1.1 Disclaimer
6
1.2 Awliea-&blHl'li~t)f-<' o:7if'-JlAv'loirurunllJu'frall----------------(6'H-7
1.3 Administrative Directives 7
1.0 EMPLOYMENT PROCEDURES
1.4 1.1 Eqool-Opportunity Employment Policy
1.2 Employment Eligibility Guidelines
1.2.1 Minimum Oualificatiefls
1.2.2 Employment of Relatives
1.2.3 Re Employment of FOlUlcr Employees
I J RecfHiHnent. Screening. and Appointment
1. 3 .1 Vacancy Pe&tiflg&
1.3 .2 Applica:nt-SeK"Offlng
1.3 .3 Disqualification of Applicants
1.4 Pre employmeat-+ooting and Background Checks Policy
1.54 Probationary Employment Status
US.1 Duration of Probationary Period
1.54.2 Dismissal during Probationary Period
1.54.3 Transfur during Probationary-PeriOO
2.0
1. 65 Classified Employment Status
1. 76 Other Changes in Emplo)qncnt-Status
1.76.1 Lateral Transfur
1.76.2 Direct Promotion
1.76.3 Interim Appointment
1.76.1 Demotioo
EMPLOYEE ATTENDANCE AND LEAVE BENEFITS
2.1 Work Schedules
2.1.1 Full time Employment
2.] .2 Part time Employment
2.1.3 BrealfS and Rest Periods
2.1.42 Overtime Work t.ssignments
2.1.53 Reporting OYeliimc-Wer-k:
7
7
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
2.1.64 Call BaeksCompensatol'y-ffle
2.1.75 Eme~glg_s,i!}:g§ Accommodating Religious Observances
2.1.8 Aooommodating Religious Observances 6 ];lm@fgCIICY Clcsings
2.1.97 Outside ElnploYfflcnt
2.2 Attendance Time Cards and Timekeeping
2.3 Holidays
2.3.1 Holidays on Soheduled Work Day
2.3.2 Observance of-Weekcnd Hefuiay
2.4 Annual Leavo
2.5 Sick Leave
2.5 .1 Accrual
2.5.2 AccumulatiBn
2.5.3 Use of Sick Leave-Bank
2.5.5 Abuse of Sick Leave
2.5.6 Return to ',!lork
2.5.7 Sick Leave Conversion
2.6 Shared Sick Leave-Program
2.76 FamilY and Medical Leave-AeHFMLA) Policy
2.6.1 Compliance
2.6.2 Eligibility
2.6.3 Definiwffis
2. 6.4 P-reeedures
2.87 Bereavement Leave
2.98 Military Leave
2.109 Domestic Violence Leave
2.110 Administrative Leave
2.121 Jury Duty/Civic Duty Leave
2.132 Leave WithBut-P=ID'
3.g EMPbDYEE STANDARDS AND PRACTICES
3.1 Emplovee Code of Conduct
3.2 Customer Service Policv
3.3 Safety
3.4 Workers' Compensation Policy
3.4 .1 Injury Reporting Re§uirements
3.4 .2 Return-1:B-WeflH'-ro gram
3.5 Dress Code
3.6 Authorized Use-Bf(:~
3.6.1 Internct-Use Poliey
3.6.2 Use of City Vehiele Policy
3.6.3 Return of Cit)' Property
3. 7 No Smoking P-<?li€y
3.8 Political Activitv
3. 9 Conflict oflnterests
3.10 /,uthorized Use-of City name
3.11 Solicitation
8
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
3.12 ProtectiHg-GeRfulential IHformatioH
3.13 Training and Professional Development
3.14 /\dherence to City ChartCf
4.0 PERFORMANCE EVALUATIONS
4.1 Purpose of Evaluation
4.2 Evaluation Procedure
4.2. I Evaluations fer probationary employees
4.2.2 Evaluatiens-for employees and first liHe supervisors
4.2.3 Evaluations fer intermediate supervisors
4.2.4 Evaluations fer Department Heads
4.3 Perfermanee Improvement PlaHs (PIP)
5.0 JOB DESCRfI>H{)NS, COMPENSATION SCHEDULE, AND PkYROLL P-ROCEDURES
5.1 Job Descriptions
5.2 CompcHsalioH Plan
5.3 Job Classififfitioo
5.4 Merit Raiso-s
5.5 Longevitv Pay Plan
5.6 CompeHsation in Transfer. Promotion or Del11Ofion
5.7 Pavro!! Proc.ooures
5. 7 .1 Re5j90nsibilities
5.7.2 Direct Deposit and Issuance ofCheek-s
5. 7.3 Payroll Deductions
5.7.4 Garffishment of Employee Wagoo
5.7.5 DeductiOHs from Pay ofEJwl11pt El11plovees
5. 8 Overtime Calculations and-fla:t
5.9 Compensatory Time
6.0 DlSCIP-LfNARY ACTIONS AND PROCEDUR£S
6.1 Progressive Discipline-P=i!l+cy
6.1.1 CoUl'lSffiHg
6.1.2 Writren Reprimand
6.1.3 SuspensioH
6-cl.4 Termination
&2 DisciplinarY Guidalinos
6.2.1 CatogBfY-One Offenses
6.2.2 Category Two Oft~
6.2.3 Category Three Offeu-ses
. aster
1.5
PB-li€y
6.3 ,"nli Discrimination and Sexual Harassment and EEG
6.3.1 Employment DiseriminatioH Defined
6.3.2 }Iarass~
6.3.3 Reperting Proeedures
6.3.4 Investigation Proeedures
6.3.5 Disciplinary Actions
9
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
6.5 Wel'kplace Vi~ Policy
6.6 Anti Retaliation Polioy
6.7 AJ3flcal of Disciplinary Action
6.8 Grievances
7.0 TERMINATION OF EMPLOYMENT FOR NON DISCIPLINARY REASONS
7.1 Resignation
7.2 Retirement
7.3 Reduction in ForcG
g.O OTHER EMPLOYEE BENEFITS AND SERVICES
8.1 Group Health Insurance
8.2 COBR,'. Continuation Rights
8.3 Group Life Insurance
8.1 Letig4eoo Disability Insurance
8.5 Pensien
8.6 Tuition Reimbursement
8.7 Emplom Assistance Pregrnm
8.8 Emplovee Identification
---------~-+7--18~---_i'E±E~O}t/~S;ee)[ual Harassment Complaint Procedure
---·s
l.lO Domestio Violence 2223
2.0 Classification/Compensation Plan 23
2.1 ,'.dministration/Maintenance of Plan 24
2.2 Allocation of Positions 24
2.3 Job Descrip:ions 24
2.4 Filling of Positions 25
2.5 Beginning of Salary 25
2.6 Longevity Pay Plan 25
2526
26
;;2~.7'-------1S~aH;larJl'j'y-±R(fj,ate in Transfer, Promotion orDcmo#onr----fr~
,;.3.cIiOI-------JProbationary Pefled--------------------'i1
3.1 Duration of Probationary Period 26
26 3.2 Dismissal during Probationary-Pcclfl·ieoad-------------c&
3.3 Transfer during Probationary Period 26
4.0 Pcrfeooance Evaluation 2627
27 4.1 Evaluation of Probationary Empleyee<ess------------£+
4.2 Evaluation of Regular Employees 27
5.0 Recruitment, Selection, Promotion and Appointment 2728
,,5,-J.l------eE'*KftaIffBHflination of Candidates 28
8.0 2931
10
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
9.0 Family Leave 31 34
9.1 Transitional/Light Duty
-1l-10'"'.0\J----.....JfV.l'<lo3ir'*ke;erffis.-\C~o3ffimpensationiProeedures 3738
11. 0 Jury Duty
12. 0 Leave '.vilhaut Pay
-13.0 Military Leave
14.0 Bereavement Leave
15.0 Compensatory/Overtime Pay 39
16.0 Grievances
17. 0 Disciplinary Action and Separation 40 41
18.0 Pension Plan
19.0 City Employee Travel Related Reimbursable EJlpenscs 41
20.0 Hours of Work 41
21.0 Outside Employment 42
Tuition ReinxhufWffml€c>Iln{-t ---------------4;&--42
23.0 City Wide Emergencies
1-~>M+------J''aVf*Reporting Procedures during Deelaroo
25.0
26.0
cd Vehic-!e:s-s------------'4g3
Internet Polic)'
Insuranoe
11
43 45
34 37
38
38
3839
39
39
41
22.0
42
45
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
27.0 Code of Ethies 45
28.0 Employee Assistance Program 45
29.0 Violatiens of the City Charter 45
30.0 Dress Code 45 46
31.0 City Identifieation 46
32.0 Return of City Equipment 46
33.0 Aecidents 46
12
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
DEFINITIONS
ARooation The assignment of a position to an appropriate classification on the basis of type,
difficulty and responsibilit-y of the worle performed.
Anniversary Date Represents the date of hire; however, the anniversru-y date may be adjusted
when au GlUpl.-e')'€c has been reclassified from full time to part time and/or when an employee has
been off the job for an elctended period of time, such as leave of.ttbsence. /.nniversru-y date only
applies to determine years of service with the City.
Classification Positions similar in duties and responsibilities, requiring similar qualific-ations,
and are within the same pay range that shru-e the-same descriptive title.
Colleetive Bargaining f.gl'cements Contracts between the City and-the-union covering a gro11p
ef employees within a class. The personnel rules and regulations shall apply-to-all-employees
eewre&-by a collective bru-gaining agreement. Where the provision of these rules conflict with
those of the collective bru-gaining agreement, the latter shall prevail.
Compensation Plan Schedule of pay rates listing minimunr,-rnuxirnurn and int-em1ediate steps
eat-ablished for each j ob classification.
Demetisn A change in classification from one classifieation to another which has a lower
maximum pay range,
Department Head Employees of.the city who are responsible, under the City Manager, for the
operation of cm established City depru-tmcnt.
13
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Exempt Emplayee l\n-emplByee-wRe--is---Hot eligible to earn overtime under the overtime
j'lfOvision of the Fair Labor Staadards Act (FLSAt.
M-WHI----:J:ffl.3€-flf&"'*fl1*)y<7es-1lhait-rnay-Be--dismissed or demoted whcnever-i£-the-:jtlilgmeIiH7f
the-8ity Manager the empleyee's work or misconduc+w warrants.
FilII time emplsyee An ell1jJloyee vmo works 32 hours a \vcek or more on a continuing basis
aad is eligible to receive all benefits and rights as provided by the Personnel Rules aad
~
~4~he written elfJJlanation of the essential functions of each classification in the
pay plan which establishes minimUln-requirements as to cKperi€flCC, training aad other pre
requisites together with statementcs-of'-€!'Uties and other requirements.
Mer-#-laerease An increase in pay not to cxcee4-H1.ffi-wI'lioh is set in the pay plan, based on a
cmployec'sjob performaace and the results of an employee's evaluation.
{)vertime Hours worked in e)[cess of the normal work period, and in accordance with the
provisions ofthe-¥aif-.babor StandOfds Act (FLSA).
P-ftf't-mne employee Employees who work less than 32 hours a week. Part time 6mployees-are
Hot eligible to receive aay benefits through the City.
Pay Raage The-minimum, maximum aad intermediate pay rates established for-a
elassification.
P-effoFmaaee E'Ial_tioo--An evaluation relativc to the conduct aad overall perfonnance of an
employee in-the municipal seFl'ice.
Pasitiea /, group of dutie.s-and responsibilities which require the-full or part timo employment
of one person"
~nary Employee An employee-sewing his/her probatiooary-period prior to attaining
regular status in a regular position.
Prebatienary Peria~~sion Probationary periods for newly hired ell1jJleyees may be
extended no morc than six months. Any clCtensions must be pre approved by the City Maaager.
¥romotien A change is classification from one classification to another with a higher
malCimum pay rango.
Reeiassifieati<lB The chaage in classification of aa employee from one classification to aaathor
classification which has been detcnl1incd to more accurately describe the duties pcrfornaed by the
emplByce-o
14
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Redu-eti_ in Force The indofinit.e-tel'ntiootiBfl-Bf employm,_H'>OOllffi£<iH3Ha€J<rBHi'0Flf.-17f
funds, or because of restructuring within the organization.
Rehire ThCH"e crl1jJloyment of a fonuer--eJ'l~"'ho resigned in good standing. Rehired
ompleyees shall be treated as a now orl1jJloyee.
Resignation Act of voluntarily withdra;,ving from city emp±eymenh
Removal The separation Gfan emplByee from-se1~T
Sie\. Leave Time off gl'ffil.ted to an employee to recupefate-frGm personal illness or injury
during which he retains his employment rights and is paid in-full or in part for the time ho is off.
SflsJ:lcnsion Temporary removal from-dmy-fur--4i-s&iplinary purposes or pending investigation
of charges made against an employee,
TemJ:lorary EmJ:lloyee An erl1jJloyee appointed for a special project or other 'Norl~
temporary or transitory nature. TCrl1jJorary empleyees are not eligible for any benefits.
Temporary employees may be dismissed at any time-with-or-without notice~
~loving of an employee to a job in the sarne-elasstfieation or grade in-either the
same depmiment or in another-department
War" Periad The Bormal work period shall be defined m~"
Full time employee --4 0 hours per week
Part tilue employee 32 or fewer hours per week
l.G-GENERAL POLICY
These rules and regulations are established for the The City of South Miami Personnel Manual-ts
designed to purpose of providesing you with information about the policies and procedures that
15
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
affect your employment with the City. The rules and regulations set forth in this manual are
@si-gnoo-te-provide consistent and equitable personnel policies eetlcerning employment by the
City of South Miami-and to-establish workable guidelines for the implementation and
administration of such policies.
These rules apply to all employees of the City except and do not apply to elected and appointed
officials, members of the boards and committees appointed by the City Commission, consultants
or employees providing services under contract to the Ci-tylndependent Contractors, emergency
employees, and volunteers except as specifically provided hereino-_. _Employees who are
members of a collective bargaining unit are-also directed tomust also consult their respective
Collective Bargaining Agreements whichAgreements, which may supplement and/or supersede
some of the rules and regulations set forth herein.
, shall be subject to the restrictions and benefits of their respective bargaining unit agreements.
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 Office of Human Resources Department.
manual supersedes all prior handbooks! and/or manuals~~ The Employee Manual wil+-l7eis
reviewed on an am1ual basis in February, and reported submitted to the City Commission for
approval and adoption in February of each year. The Human Resources Department distributes
Afl)' revisions or amendments will be posted on--Gi-ty-17ulletin boards, distributed-to all City
departments-employees and postoos an updated Manual on the City'S web page.
l,"DISCLAIMER
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 implied
16
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
between any employee and the City. Fnrther, 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. Nothing contained in this manual Of in any other oity doouments and nothing said or
done by a oity employee is intended as an employment oontract between the city and any
employee or a guar-antee of oontinued employment.
l'lB-ellil has the authority to make any verbal statements of any kind, at any time, which is legally
IlliIflffig on the City.
The City reserves the rights to modifY, revoke, suspend, terminate, or ehange the language
inrevise the policies and procednres in this Mrnanual in whole or in part, at any time, with or
without notice. If,-Hom time to time, changes are nec-essary OF revisiontHH'e made, oEmploye~rs
shall be given revised oopies for inclusion in this rnanualnotice of theal1)' revisions as set forth
above,",~
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 shaH remain in
full force and effect.
Any gender specific references in this manual &hmlld be interpreted as encompassing both male
and female employees.
17
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
±,;l.-ApPLICABlLlTY OF MANUAL
The City may, aHay time develop and make known procedural rules, interprntntions and other
persennel-policies and may in certain instances, grant vlUivers-te4l18ifr.
These rules ru'!4-fegulations shall not be construed as-ltmitiag the authority of the fillY
Department I-lead to set depru-tJRCntal--l'B-les ru1d regulations governing the conduct and
perfennance of employees. DepartJnenta provided that Isuch rules shall not conflict with the
prevtsions of this mManual. AU .Qep€ll'tm€fltai niles shall Be subj eet tC-l'\wiev; all@ flllP_l B)'
th@e·f:kH·l1~Ul R€8@lM!€€8 Dir€®Wr an€l41'le Ci1:y M-alls:g€l".
Many matters covered by this manual, such as FMLA fenus are described in separate City
documents ru1d are also available in the Human Resource DepartJnent.fdl ferms referenced in the
Manual may be obtained from-the-H'Hffiilfi~-es-f!ej3aftment,
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. Ea€lHlmployee shall be provided with access to tThe Manual will be provided to each
employee and shall provide-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.An acknowledgement of receipt of this mamolal is found at the end of this document.
Each employee must read Ul1d acknowledge receipt of all policies Ul1d procedures by signing ruld
returning to the Humru1 Resource Deparllnent.
All fonus referenced in the Manual may be obtained from the Human Resources Department.
1.3 ADMINISTRATIVE DIRECTIVES/POLICY
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 will-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 DdeRaI:!!lleI:t.taLr}ll~§_§h\lIJJ?e _~ull.i(lg_Lt2
r()viYJ~_iMl,t\lRllfQ.Y\llbYdlby.H urn\lI:t_Ecesourc~.sPirectgr _iM/<:I.t\1",CLty M\ll2a~I,
18
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
All such rules, regulations and directives shall be issued in wntmg, made available to all
departmental personnel and a copy thereof shall be provided to the Human Resources
Department.
19
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
1.0 EMPLOYMENT PROCEDURES
The City is committed to ensuring that it employs only the ae"*most qualified personnel for each
position, in the most equitable manner possible. The rules and procedures set forth in this Policy
ensure obiectivity. 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 1.14 Equal Opportunity Employment Policy
The City of South Miami is an Equal Opportunity Employer. The City strictly prohibits +here
shall be no dDdiscrimination against any person in recruitment, examination, appointment,
training, promotion, retention, or any other personnel actionterm 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 is strictly prohibit oed.
The City of South Miami is (lommittod to the concept and practice of equal employment
opportunity and affirmative action to assure equal employment opportunity in all aspects-ef
employment. It is the policy oftheThe City'S policy &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 principlell 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 Agll employment decisions will be made in accordance with principles of Equal
Employment Opportunity.
It is the policy of tThe City'S goal is to ensure that all employees are able to work in an
environment v;hich that is free from all forms of harassment on the basis ofbased on race, color,
age, sex, national origin, religion, marital status, sexual orientation, or disability. This policy
strictly prohibits Hharassment in&!' any form; all such acts-ts-strictly prohibited and _will result in
disciplinary action up to ang 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 tbetl±iheir treatment is in violation of
this pPolicy should promptly FoporUn wFiting,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.
~ortant that all employees follow the City's commitment to Equal Opportunity.
Diseriminatiolllhatassmcnt will not be tolerated. The City's basic goal is equal treatment of all
employees.
20
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
1.2 Employment Eligibility Guidelines
1.2.1 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 established by the Human RcGBUf€es Department and are set f01ih on the
official job description and posted with each vacancy announcement.
Job descriptions may be revffied or amended f!'Om timo to time. In addition to the minimum
reE!lliremcnts, all job descriptions-shall include the following compon~
Job T-itle
Summary of major functiens
Examples of duties and responsibilities
Knowledge, skills and-abi±iiies
Minimum qualifications required
Date prepared / revised
1.2.2 1.2.2 Employment of Relatives
The City permits the employment of more than one member of an immediate family to-be
employGd-in accordance with the following provisions:
1. The Applicant is othenvise-gualified for the position.
2. 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 faflilyfamily or marriage. For
purposes of this Ppolicy, 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 1.2.3 Re-Employment of Former Employees
A former employee who volunta£ilv separates from the City in good standing shall be
eligibileeligible for re-employment in the City service. Such employee shall beis eeHSiderea. a
new employee for all purposes, including seniority and leave accrual and maximum caps. No
employee terminated from the City service for malor misconduct shall be eligible for re-
employment.
21
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
1.3 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
Office of Human Resources Department. Upon approval of the City Manager, Aall available
vacancies and new positions are listed with the Office of Human Resources for posting
immediateJ..v:--uwn apj)foval by the City Manager.
1.3.1 Vacancy Postings
The Human Resources Department will post each job announcement for a minimum of one (I)
week for regular full-time and regular part-time positions. Job announcements may be
distributed to local 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 may use, for job referral purposcs;-only
uses those-recruitment services wffi4that 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 ofthe job, may be directly promoted to the vacant position.
1.3.1
1.3.2 Receipt and Processing and Screening of Applications
Applications shall be submitted ollelusively to tl1eThe Human Resources Department is the only
department authorized to accept employment applications. All applicants must complete tlSi!lg
the City of South Miami Employment Application. In-house candidates interested in applying
for a vacant position may submit an internal employment application [onn. +!Je-}-iliman
Resource Department will serecn applications to detennine if minimum requirements are me+.
In house candidates, interested in applYing for a vacant position may submit an intenml
emplovment application form to be considered fer the vacancy.
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 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 110t 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 Depaltment 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 committee for further screening and interview requests.
::r-he Human Resources Department-will review all applications to determine the pool of qualified
apt?lieants based won the published minimul1Heguiremc-nts,
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:
1. The Hailure 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.
3. Incorrect, incomplete, false statements, or onl1SS10ns 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 terminated 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.
23
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
1.4 b4-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 applicaot, the Human
Resources Depmtment 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 ifr-employedhas started his employment when
the City receives notification of the failure to meet pre-employment stmldards, such failure is
grounds for the immediate termination of employment.
1.5 1.5 Probationary Employment Status
All new employees, including employees promoted or volunatarilyvoluntarily traosferred to a
new position within the City service shall be plaeed in probationary employment status. The
probationary period provides an opportunity to orient aod 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, aod to screen out any employee whose performance
does not meet required work standards.
1.5.1 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 ao amount of time equal to the amount of leave taken.
Additionally, upon written request from the supervisor setting forth sufficient justification
demonstrating that performaoce so warraots. the probationary period may be aR
extensionextended for an additional period not to exceed six (6) months.. All probationary
extensions must be pre-approved by the HumaJ1 Resources Director and the City Manager.
1.5.2 1.5.2 Dismissal During Probationary Period
Probationary employees are "NZat Wwill" employees aod 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 probationm'Y status as a result of a promotion or lateral traosfer 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 vaCaJ1t. 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.
24
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
1.5.3 1-£-3--Transfer Dduring Probationary Period
If an employee is transferred to another position in the same class and-ifr-the same department
prior to the completion of the employee's probationary period, the total time employed shall be
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 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 thise
peli€-yrocedures set forth herein. Classified employees may not appeal a termination without
cause. Classified employees who are transferred at the initiation of the DepaJiment 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 1.7 Other Changes in Employment Status
1. 7.1 1.7.1 Lateral Transfer
A lateral transfer is the re-assigl1l1lent of an employee from aone 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 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 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.
25
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
illically, such appointments are made lefor the sole purpose of carrying out essential functions
until the hiring cycle is complete aRand a full-time employee is hired t~fills the vacancy or
brief absences due to vacation, illness or other short-teHn conditions. ArnAn 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.
1.7.4 1.7.4 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 lob
performance in the cunent position is unsatisfactory and additional training and appropriate
supervisory intervention hasooe been unsuccessful in improving performance, but where the
employee demonstrates aptitude and ability to perfoHn the essentioflessential functions of the job
in the lower calssifieaitoflc!assification. 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 ifl Sectien herein.
2.0 2.0 EMPLOYEE ATTENDANCE AND LEAVE
Efficient operation of the City requires that all persolmel report to work as scheduled and work
diligently at their assigned tasks.. Ea€h-eEmployees is-are expected to be on time daily and to
remain at tlwHtheir assigned \-vork statieflworkstations throughout the scheduled working hours
unless otherwise excused by his-Bf-herthe 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 pattem of excessive absenteeism and/or habitual
tardiness will be subject to disciplinary action, up to and including termination.
2.1 2.1 Work Schedules
2.1.1 ;kl.+-Full time Employmeut
All full-time employees are required to work a 4\l-h()1±f40-hour worle weekworkweek, 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 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. Patt-time employees at'e not guaranteed any minimum number of work hours and shall
only report to work as specifically assigned. The scheduled days at1d hours of work shall be
assigned by the Department Director to serve the needs of the City.
2.1.3 2.1.3 Breaks and Rest Periods
Employees who work and 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 lunch period, employees must be completely relieved of work-related duties
26
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
and responsibilities. In addition to the designated lunch period, employees may be allowed two
paid (2) IS-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 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).
Such employees will be paid at the rate of time and one half their regular straight time rate for
all overtime hours '.vorkeEh-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 ;U.S Reporting Overtime Work
All overtime must be reported on the same date and time that the employee's regular work hours
are repOlied 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 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 oveliime. 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:&4G 120 hours of Compensatory time.
2.1. 7 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 aTe
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 he paid for
the duration of the emergency. Part-time, temporary, and/or seasonal persOlmel who are unable
to work as a result of the declared emergency will be paid for hours actually worked on the date
ofthe City's closure, but will not be paid for hours not worked during the emergency situation.
2.2 2.1.8 Accommodating Religious Observances
27
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
The City maintains a strict anti-discrimination policy and does not discriminate against
employees on the basis of religion. Any employee who needs a workl1lace religious
accommodation must submit a written reguest setting forth the accommodation requested, the
dates of such acconm10dation, where applicable, and any other details deemed necessary to assist
the City in determining how to reasonably accommodate the request. All reasonable reguests
will be providedgranted, provided that so long as the accommodation does not create an undue
hardship and does not impact health and/or safety.
2.3 2,1.9 Outside Employment
N()jM!Hilll~_~!.l1JlI9'xt)<: iSlle,mijJ&,dt2~~rl<:.a.l.Jlll()!+!§id<: ... i9.l?,j!l£I)l.clI!lg.,.~.e!L::;,I<.!JlJll()yment,
~lIUh<:.Jd.rior .~l:mroval of the Deparr11J~ptJi<:~.cl al}clJl:!£i.'cm. Man51"ger. .. t .. iIWe. to infq~
~§1lm(3gt Jl(l(l4.m§x .. l'leJEm11.ml:§(()x.~Jjllil.D.:. (lyti(l11Jilll to. and,igclu4il[j; il1)l}1~q.il!1.~
cli~I'l2isJl..\l:lgL(3m.:RlQ;)~rqJlE::E2I!l1sJ()x.~pt).rCl.~algfg)Jt§icle~",\J2.Ill()Yl!1e.))t~~£~ av~i!fl.l?l~.i!1Jh".H)JmaIl
Be.SQllL(f.$;si2epl!J:!lll"QhEgrnl§ and.m.)lstJ)$;.Jl...P..~t~d,()!b..~.Jm!ll.l.~l.~.·. fl!ld ~ies foD¥!ll'cl~
EltCompleted forms must be submitted to lil1ll1JluBe.s,Qllr£es .. jlflf!g}.ly.Q(lIk'g .. QQ}99.: Ffor
inclusion in the Personnel File.
2.4 2.2 Attendance, Time cards and Time Keeping
The employee time and attendance reoord-ffirecord 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 atrecord 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 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 municipal service:
1. January 1
2. 3rd Monday of January
3. yd Monday of February
4. 4th Monday of May
5. July 4
6. I st Monday of September
7. November 11
8. 4th Thursday of November
9. Friday after Thanksgiving
10. Yz day December 24
11. December 25
12. Birthday
13. 2 Floating
28
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 1 yr continuous service
After 1 yr continuous service
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 actnally 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
Pill'.,
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.
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 WBl'lH!ayworkday of the department.
. If Saturday is a regular work-day for the department. then Saturday will be observed as the
holiday-. . When the holiday falls on a Snnday. the Monday immediately following that Sunday
mayshall be observed as the holiday if Sunday is not a regular work davworkday of the
department. If Sunday is a regular work dayworkday for the department, Sunday will be
observed as the holiday. Exceptions to this rule may be made by the City Manager.
2.6 2.4 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 Monthly Accrual Amount of Annual
Uninterrupted Service 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 deny requested Annual Leave when such requests 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 Y2 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 2.5 Sick Leave
Sick leave is a benefit provided to all full-time employees of the City to provided 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 2.5.1 Accrual of Sick Leave
(ill 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
not to exceed twelve (12) days per year. If an employee's stmi 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 statis 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.
@ Sick leave shall not accrue when an employee is on leave without pay for more
than ten consecutive days.
2.7.2 Accumulation 6f-Siekof Sick Leave
(ill Employees hired after October I, 1995, may accumulate sick leave up to awithout
a maximum cap. Such employees of 560 hours (70 daffi-aad-will not be paid for
unused sick leave upon termination of employment.
30
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
{hl Employees hired on or before October 1, 1995, may accumulate sick leave
without a maximum cap H!l±Iwd-siek leave to a maximum of 600 hours 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 ;;h-5,.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. !b-The employee's own sickness or injury;
b. lr.-Pregnancy or pregnancy-related complications of the employee or employee's
spouse;
&.-Serious illness or death in the employee's immediate family (mother, father, brother,
sister, spouse, child, grandparent, or domestic partner (significant other) that
requires thee
c. presence of the employee;
d. --d. Attendance at medical or dental examinations of the employee,
employee's spouse or children; or
e. &-Any reaSOll that qualifies for fFamily and MmedicallLeave.
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 2.5.4 Reporting Sick:
l. -h--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 retw11.
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.
31
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
4. Lk-In all cases, an employee on sick leave is responsible for keeping his or her immediate
supervisor informed regarding his or her anticipated retmn date. A certificate signed by
.<!j2hysician 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 DeJLartmentirector and/or Department
Head so directs. The City retains the right in all cases of reported illness to require #!at
the employee to be examined by a reputable physician of the City's selection at the
City's expense. Failme 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 Resomce 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.
7. +.-Employees taking leave for reasons that also qualify for Family and Me4i-alMedical
Leave are required to also apply for and exhaust such leave.
2,7,5 2,5£ 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; failme 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 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 2.5.6 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 retmn 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 (2) month period and who have a sick leave balance greater than 36 days
(288 homs) shall be eligible to convert up to 4 days (32 homs) of sick leave to annual leave,
provided that the employee 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 Program
Occasionally, extraordinary and unavoidable circumstances may arise which render an employee
wlable to report to work due to an extended, non-work related illness or injury, and lor
catastrophic circumstance. In such cases, where the affected employee has exhausted all pillii
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.
Reqnests to receive donated leave time must be completed in writing and shall specify the nature
of the illness, injury andlor 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 LeaveC"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 andlor 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 Depattment 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 of Leave Application
fonus will beare available in the Human Resources Department.. ,Adl donationsAIl
l'l'lllStdonations must be made freely and voluntarily by the individual employee. No employee
may solicit or request donations under this policy except (or authorized personnel (rom the
Office e(Human Resources Department. Any employee who makes a request outside of the
provisions of this policy shall be subject to disciplinaty 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 fonus are completed, they shall be forwarded to the HUmatl 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 donation forms re€ei-ved-but-not -unutilized, donated hours, will be placed in a Sick
Leave Batlk Reserve to be utilized forto 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 (] 2) month period.
Employees wishing to donate4ime-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 ~
raHtigperformance-rating period.
2.9 2.7 Family and Medical Leave Act (FMLA)
The City offers leaves of absence in accordance with the Family and Medical Leave Act of 1993
("FMLA"l and the FMLA expansion under The Support for Injured Service Mmembers 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 aTe 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 2.7.1 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 Celiification 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 celtification 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
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 Hl<lil3be~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.
34
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
2.9.2 FMLA 2.7.2 Qualifyiug Eventsied Family aBd
Medieal Reas8Bs
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 Arnled 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;
f. An employee is also eligible for a leave 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 2.7.3 Calculation of Leave Period
The 12-month period during which the employee may take 12 weeks ofFMLA leave is a rolling 12-
month period starting with the date the employee 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 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 wet'*-
wukworkweek for FMLA purposes will need to discuss such use with the employee's Depmtment
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.
35
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
2.9.4 2.7.4 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 2.7.5 Continuation of Benefits;
An employee shall be entitled to maintain group 11ealth, 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. I[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 pedod.
If the employee contributes to any voluntary insurance plans, the City will
continue making payroll deductions to cover premiums while tlle 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 pavments. If the employee does not
continue these payments, the voluntary coverage will be dropped for non-payment of premiums.
2.9.6 2.7.6 Reinstatement Rights
Upon return from FMLA Leave, employees will be reinstated to their fonner
position or to a position of equivalent status with equivalent employment benefits, pay, and other
terms and conditions of employment, according to the provisions 81ld limitations of the FMLA.
Key persOlmel as described by the FMLA may not be entitled to reinstatement to
the S8111e or equivalent position, particularly where restoration to such employment may cause
substantial and grievous economic injury to the City.
2.9.7 2.7.7 Procedures for Requesting Leave
Requests for FMLA leave must be submitted, in writing on the appropriate form, to Human
Resources with apPl'Opriaterequired medical certification for approval or disapproval. The forms
36
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 contilmation that the employee is eligible for FMLA leave. the Gfli€£-Bf-Human
Resources Department will submit the fOlm 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 dming their leave.
2.10 ------2.-8--Bereavement Leave
Leave with pay will be granted in the event of a death in employee's immediate family,-In
accordance with the limitations set forth herein-. For purposes of bereavement leave, immediate
family will be defined-asinc1udes wHe or husbandspouse, 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 maximwn of fom work daysworkdays 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 2.9 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 leave 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
employees remains in active duty military service. This time period is subject to extension as
provided in USERRA.7
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 anyone annual period pmsuant to Florida Statute Chapter
115.
2.12 2dO--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 family member who is a victim of domestic violence is eligible for up to
Hvethirty (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 ~.HU 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 efrelated 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 from 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 fnrther 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 ~.10.3 Definitions
38
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 imprisonment, or
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 wife or husbandspouse, 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 'kJ.-1-Jury 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 2.12 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 effOli 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.
39
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
3.0 3.0 EMPLOYEE STANDARDS AND PRACTICES
3.1 3.1 Employee Code of Conduct
Employees shall conduct themselves in a professionally appropriate manner at all times.
Beflavior whiehBehavior that is dismptive and/or interferes with the efficient operation of the
City or any of its departments will not be tolerated.
Employees are bound by the City's Ethics Ordioonce which is available online and from the
Human Resources Department or the City Clerk's Office.
Failure to adhere to the Code of Conduct and or the Ethics Ordnan€€-will result in appropriate
disciplinary action. up to and including tenllination of employment.
3.2 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 effOlis to resolving customer issues
and to conduct themselves in a manner befitting the City of Pleasant Living.
3.3 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 mles and regulations contained in the Safety
Manual, each department shall communicate any specific depruimental safety mles and
regulations to its employees. Employees shall study all applicable mles 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 mles. 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 mles and regulations may
forfeit their entitlement to benefits in accordance with Florida's Workers' Compensation
Statutes.
Each employee is required to repOli 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 slippery floors; unlocked buildings/offices; equipment or
40
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 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
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 ean1ings 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 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 Depmiment. The report of injury/accident must set forth the date and time of the
accident,; a brief summary of the occun'ence;, the names and contact infonnation of any
eguipmemwitnesses,; 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 tennination of employment.
Employees failing to report injuries within one (ll hour from OCCUlTence 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 3.4.2 Return to Work Program
The City believes that it is in the best interests of the City and its employees to pennit 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 3.4.2.1 Eligibility for
transitionalflight duty
Employees m'e eligible for transition/light 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 employee's functional restrictions have been established by the authorized
treating physician under the City's Workers' Compensation Managed Care
policy; and
d. The transitional/light duty assigmnent complies with the established functional
limitations.
3.4.2.2 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 3.4.2.3 Refusal of
Transitional Duty
An employee recelvmg workers' compensation benefits cannot refuse a transitional duty
assigmnent unless supported by appropriate and current documentation from the employee's
medical provider stating that the employee is unable to perform the transitional duty assigmnent
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 3.4.2.4
Outside Employmentt
-No employee is pelmitted 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 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. yBUemployees must maintain a neat. clean and
professional appearance. Employees are expected to exercise common sense and good judgment
when choosing their work attire.
42
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 and 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).
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 compliancc with any departmental operating procedures. Damage to or loss of
unifonns or any part thereof must be reported immediately to your supervisor.
3.6 3.6 Allthartrea-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 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.. Use of ,he City's oGmputer network is for
nwnicipal purposes only and must meet standards as specified in this rule.
The City provides several information-sharing technical services including electronic mail,
intranet and iinternet service, desktop support services, including network office automation file
and print sharing;. -{The primary purpose of whlchthe 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.,-.
N&-e Employees shoulddo not have any expectation of privacy as to their Intel'i'let usage and
electronic lIlailuse of City provided technology and equipment. Computers, computer files, the
email system, and software furnished to employees are the City's p!'eperty, intended for business
~Employees should not use a password, access a file or retrieve any stored communication
without authorization.
All email transmission should be used for business eommunications only.
43
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
All Yuses of the internet, computer network, or other information sharing technologv must be
conducted in a responsible, efficient, ethical and legal manner. fer whi4 users must
acknowledge their understanding of this rille and guidelines as a ooaditiofi of recei-vtng access
wtth-The employee bears the l3ufden-ef-responsibility being upon the user to inquire as to
acceptable and unacceptable uses prior to such use.
3.6.1.1 Unauthorized Use
Some examples of uUnauthorized internet and email ~usage includes, but is not limited to,
the fOllowing-are-as follews:
1, 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 graphical 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.
3. Viewing pornograph~ing pornographic jokes or stories via Gmaih
4. Political endorsements or the sending of chain letters.
5. Installation of non-approved software, including games or entertainment sGftware;
use for any personal reasons, resulting in or relatiag to persoaal gain or fer profit
enterprise; cowling (uploading or dowaloadiag) commercial software ia violatioa of
oopyright law, 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, 1Ul110rS or pictures based on race, sex, sexual
preference, sexual orientation, religion, color, national origin, or disability,
Elweptioas
Exceptions to the foregoing unacceptable uses may be
limited to poliee investigations into criminal activities, wIHeh
may---reguire the use of the Interuet for infoFfHati6n and
intelligence gathering, This is permissible with the prior
approval of the Chief of Police with notice to the City Manager
and/oF his designee.
44
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 City-issued computer
devices, mobile telephone devices. and any other equipment with information sharing
capabilities. All users are placed on notice that :fthe 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 subiect 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 ILiability
The City is not responsible for matelial 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 cEmployees
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. learning
~ techniques and standards fur participation and fur understanding such that if they misuse
the network they will lose access and may be subject to disciplinary action, as may be provided
by the City's Emplovee PffSonnel Rules and Regulations Manual. Particular coneerns include
issues of privacy. copvright infringement, email etiquette, computer yiruses, and any unintended
use of computer resources. EffiJJloyees must regucst-ifaining, as needed, and stay current with
new tools. Additional policies, procedures and requirements-rnay be set furth by the City
MaBager from time to time fur which emJ3l.eyees are responsible fur staying CUiTent.
Public records
45
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Email messagesmadeta.al. received by City employees
ifl-WflHeclioH with smoial business shall be maintained as
publie reeards and are subject fa diselasare in the absen-ee-ei
exception, as provided by Chapter 119, F.S.
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 will be held accountable for any breaches of security or
confidentialityare 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 tenu "web postings," includes, but is not limited to, personal websites,
web "blogs," mutli-media and social networking websites (i.e. Facebook, Twitter, LinkedIn,
YouTube, etc.), Wikis (i.e. Wikipedia), and any other web site where text can be posted.
Employees are personally responsible for their web po stings 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 po stings may not violate any of the policies set f01ih in the Personnel Manual or
any departmental policy or rule. . .
Employees that make web po stings 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 po stings may not include any City logos or trademarks, and must respect
£QP"yright, 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.
46
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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.
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 polic)' 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 3.6.2 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 subiect 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 vehicle.
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 passeng~rs in any City vehicle. Employees shall
not transport alcoholic beverages or unlawful drugs of any type in a City vehicle. Smoking is
strictIy 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 tI1e 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
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
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 Depaltment and no unauthorized sticker,
§ign, 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, whieh 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 can-ied 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 depmtment 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 immedi.ate supervisor, the South Miami Police Department, and the Office of
Human Resources.
3.7 3.6.3 Return of City Property
Any Eemployees separating from the City for any reason shall. prior to separation, return all
City-owned property and equipment in his or her possession. lbe 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 umeturned
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 3.7 No Smoking Policy
48
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 any public building and City-owned vehicle.
3.9 3.8 Drug Free Workplace Policy
3.9.1 3..8d--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 whiffiproblem,
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 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.J!P 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. 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 propelty (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
isare strictly prohibited.
3.9.2 3.8.2 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 at the le¥e~
flerein-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 cUlTently
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 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.
49
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
3.9.3 3.8.3 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 encomage 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 programsproblems are
encouraged to seek assistance and information from the Human Resomces Department regarding
the Employee Assistance Program.
No disciplinary action will be taken against an employee who self identifies under this "safe
harbor" provision provided thatif 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 j:lf&Vided thatif 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
wort for a drug screen, regardless of the reason for the testing.
3.9.3.1 3.8.3.1 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.The employee shall be pennitted to use any aeemnnlated leave
credits eefore leave will be ordered without pay.
3.9.3.2 3.8.3.2 Provisions
for Employees in Special-Risk Positions
An employee in a special-risk position is subject to discipline or discharge for the first positive
confinned 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
50
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
!LPOsltlOn other than a safety-sensitive posItIOn or placed on leave while the employee is
paliicipating 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 3.8.3.3 Rehabilitation
Program Requirements
If the employee is offered an oppOliunity to enter into a rehabilitation program and refuses to do
so. the employee will he immediately tenninated. Employees entering a rehabilitation progrmn
under the provisions of this J2policy 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 alld alcohol free work environment and in accordance with Florida's
Drug-Free Workplace Program. Section 440.101. et seq, Florida Statutes. as amended, and
applicable Administrative Rules, all City employees are subject to testing for the use of illegal
drugs alld unauthorized alcohol consumption as set fOlih below.
3.9.3.5 3.8.4.1 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 alW position in the
City's service shall be conditioned upon the candidate's satisfactory cleal'ance of the dPrug
Sscreen. 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 ofthe failed Drug Screen.
3.9.3.6 3.8.4.A Random Testing Policy
The City recognizes that there are some positions in its service vmichservice 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 a reguirementessential functions of the position.
Employees fulfilling these jobs will be subject to random Pdrug and/or Aalcohol Sscreening.
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 all equal chance of being selected each time a selection is made. Federal law and/orBf
therelevant 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 tel1nination of employment.
FUliher, failure of alW such test shall be grounds for the employee's immediate suspension from
active duty with pay pending final disciplinary action.
3.9.3.7 3.8.4.3 Reasonable Suspicion Testing
Policy
51
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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
reguirerecommend that the employee-ti::> report for an aAlcohol and/or Gdrug sScreen. In such
cases, the sSupervisor shall contact the Human Resources Departmentirector, and report his or
her suspicion and the reasons therefore. Upon confilTI1ation 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 tel111ination 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.
3.9.3.8 3.8.4.4 Post-Accident Testing Policy
All employees will be subject to Aalcohol and Gdrug Sscreening 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 OCCUlTing outside of the City's primary hours of operation shall be reported by
contacting the HUll1an Resources GepartmentDirector via the designated after hours nUlubers.
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 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 3.8.4.5" 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
Gdrug 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 fffl-gdrug Sscreening 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. FUliher, failure of any such test shall be grounds
for the employee's il11l11ediate suspension from active duty with pay pending final disciplinary
action.
3.9.4 Drug ARGand 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
52
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 3.8.6 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 tennirtation 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 occnpational injury which requires medical treatment forfeits his eligibility for all
workers' compensation medical and indemnity benefits in accordance with Florida law.
3.9.6 3.8.7 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 (~inc!uding 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 Hnman Resources Deprutment 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 adjndication 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.
53
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
3.9.7 3.8.8 IMedical·.Review()fficer's •. Responsibilities
Under FI()rida.Law
T~e lIJedicalRe;,ieW()ffiter.(MR?)shall.fully¢oll1J?!),WithalloftheieCJuir~l11blts
~~t J9rthinth~applicable Admil1istrati ve.l{llles~ •. ·The IV1R 0 .shallye alicerls~dphysi~illll,Undel'
~9nttact with;theCity, who has knowled7eofsub~tanceabuse,.· disorders, laboratory
tes~nglabor~tory-t~stirlgprocedur~s, ·.~hain •. of cus~ody'. collectiol\procedures;and· medical use of
prescription drugs. and phaImacology aI1dtoxicology of illicit drugs.
ThellJR.?·. shallre~ie"" ,.aildverify . drugtesf res~hs prior to 'thetrarisl11ittar9fi:h~ test
ieslllt~"eit!~erpositiveor neg~tive, ,to·.the. Citl,,·.Thel\1R 0·, shall eLVa! mite. the drug ,testres~lt(s),
veriPtthe· chail1 ofcusiody .forms ·.and · .. ensure, that. th~·· donor's ... identificationllUJnberon· the
labOratory report and the chain of custodyfomJ.. accurately identifies theil1dividuaL
Il'.tt1~testresults~eported;~renegati\le,the·.J\IIRO.·st1all·notity ·theCity()fthe I'legative, test result
andsubmitthe appropriatedocmhentation to theACHA:
Ifthe·test~.e~ultsTepoJted. arepositi~(;, '.theMRd • shalL 11OtlfYtheertipl()ye~(W '.j()ballJ?lic~t of~
confirl)1~dpo~itive test'result ,withinfhree·.(3)·days.ofreceipt.ofthetestresultfroll1the.1a~or~tor~
andi~9ui~e .~s·to.whether ... pr~sc]"iptiveoro~er-the-co~nter··!nedicationscould.·have,.causedth~
positi v~te~tr~sult •.•... Wi thin five. ·.(5) .daysafter tecei ving·. writt~n 11.9tificalion .. o[ ·thej?ositive.· test
result,tl~~empl 0Vec ,or •. j 0tapplicant may~ontest or e~plaiJ1the .re~ult toth"l\1RO; , .. If~he
emj?loyeeorio~applicaJ1t's explanation.(~rchallenge.is·.unsatisfactory.totheMRO,the·MROwill
report a positive test result back to the City;
pgOnt()l1tactil1glll1·elnploy~e.orf6b~pplicanf"'~6.has.·recei\led •• aP9sitivet~str~shlt,theJ\,1.RO
s~allgl·operly,identify.th~·.d9nor, •.. il1fo~ •. thed9nor<t~aLthe·.Ml{?is.an~g~nt9fth~9tywhose
re~BollsibilitV,is~9.makeadete1111inati()~orltestresultsaI1drepo~.theI11t9·tll.?CitY'm:d.inform
t~edonor.th~~medicali11.fo1111~tion· re.vealed. during: the, MRO's· in9uiry\viUbekeptcbnfi~entiaI,
1J111~ss tlledol1.or· isil1 a safety sensitivepositi9~1~ndHleMRO.be1ieves. thatimch information· is
related to the safety of the donor or to the other employees.
~dditiorial1Y,tl1~'lY!RO.· .• s~al1'.outlineiheirJ&~ts •• ai1dprocedare~ .. fora .• r?test •• (){tt1e.6figil1al
sge9irrrenfor ... the.donor .•• m:d .. groc~ss ,·any· e~pl()yee's .. orj ob.· applicm:t's·.·request •• forretest~fthe
9rigil1<l1specill1en~itllinon~ hundred al1d.eighty.(l80).daVsofnotice·.oft~epositixe.te.st.re~ultin
m:6therlicensedlaboratory .. selected· by. theelnployee. ori9bapplicant ..••.• The el;:ployee or .job
applicant who T791Jests .• the .ad.di tion~L testsh~llbe rC9uiredtopay for the cost of the retest,
illCluaiI14hm:dlill~aI1d shippingexpe6.ses:The,MRO shall contactthe origirlaltestinglaboratory
to initiate the retest
UpOn~eFeijJt()finforinationand/ordocumel1tatioll'frornthe~l11ployee ·oriobappli6<lilt..'thellJRd
~han<~e~i~~ •. · any· medical. r~cords .• , .pro~ided, ·· •. authori~ed·atltl!0~ ••. re}eased/bY/the •• i l1dividuaI's
p~Vsiciilll,to ~et~rmi11.e. if the positive. test r:esult :was.causedbyaleg~l:ypres~d?ed l)1edicatio.n.
If the dOll?r does .nothaveprescribedlneaication,th~ MRO· shall in91Jireabout.ove,r-the~cou~ter
medieatiolls·which: could have. caused. the positive test result.· The donor.shall be responsible for
54
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
p~oviclingal1necessarvdocumentation (i.e., a doctor's rep()it,signed·presctiPtion,.etc5 WIthi!! the
fiverS) .dayperiodafter notification of the positive test result
If'theMROdetermines that .there ·isa legitimate medical· eXplanation for the jJ8sitive:tes{I'eslllt;
thel\1ROshallreportanegJi~ive .test .. result .to .• the •. Ci tv.·. However, shouldthel\1R()fe.elth~t t~e
le!?~ll.lSe .. of the •. drug would endanger .thc individual. or others, . then thel\1IZ 0 .• sh~11 rep0rtth~tth.e
t~stisl1egati~e dueto~ validated prescription and shall requestthat.theinaividual'be placedin.a
positionwhichw()uld not threaten the safety of the individual or others.
If.th6K1~Ohas~nyg~estionasto .the· accuracy· or validity .ofatestTesllltorha~a6~nden:
~~!?~~in~the.scientifiereliability ofthc s~m?le,theMROmay reguest.t~eiIldividlIalt(),provid~
~Il()ther ~anlpIc.<Asasafeguard to emplovees., and job applicants, •• 0ncean;l\1R 0. v~rifiesa
positi~e testTesuJt,· .. ~~. MRO .. may .• changethe·.verification. orthe.· resuWitthed~n?]'wesellts
illfonnationw~lic~ .•• ~ocull1ents ihata ,serious illness, injury, or .. ot~~r.Ci,rcU111st.mlcestllat
lInavoidablyprevented the donor frOlll contacting the MRO .. within thespecifi~dtimefralne~cl
if the donor presents information concerning a legitimate explanatioilforthepositivetest resulL
If~h~J\ltROisl1hable·t8contacta'·positivelv.tested·donor,vithin· three, (3)daXS6f!'eCeipr6fthe
t~~tresultstromthejaborat?rv,·the MRO.shalIcontact the City· and re9uest.,that.th~Sit~direct
thed~n?rtoc6ntactthe .. MROas ~oonas .possible .. If theMRO .. has,llotbeene()lltactedbyt~~
d~n?r,,:ithintwoY2)daysfrom the· reguestofthe City, the MRO shallverifythc·reportas
positive:
Ifthe·donorrefuses·to talk .. with the MRO regarding' a positi\reiestresult,theMRO
~Ii~lr"aliclatetheTesultas.a positi veand mmotate • such. refusal in the •. Iel11aJ:~ssecti ()n. Ifth~
donorvolu~tarilyadmits. to the lIse of the 'clrug in question without apr~perpr6sci:ipti()n,the
MRO shall advise the donor that a verified positive test result will be sent to the City;
T~eJv1ROshallnotify. the Cit)'. in writing. Of the verified test • result,J1eg~ti"e6rp()sitive,0~
ur;satisfactoryand~PRropriately file chain of custody forms to the City and submit the proper
f()rnlstotheACHA:
3.9.8 3.8.9--cChallenge of P ()siti"~· Dill.g'f~stR~sll.lts
Arrernployee or. a rob applicant.who receives .• a positive .co~firnie~t~streSl1ltl§ay
subiriiFillfo11uationtothe.MROcontesting .or . explaining. the •. results .·in • writiIlgwithinfive(5)
working days of receipt of notification of a positive .confirmed test result
Iftheexplallatio!l o~challengeof the emplovee or job applicant is unsatisfact()rytotllel'v@);the
MROshallreport aposltive result back to the City.
Withf{lfive. (5)\V~iking days' after receiving . notice ., dapositi ve· cOllfiriri~dtesfl'esfiJ~ fr0ri1 the
M~();~he{~itys~alI,illformthe. employee ()rjob applicant in. writing ofth~p~sitiv~(esttes~lt;
the consequences ()fsuch res~lts;· and the options available . totheemploy~~orjoha):)pIicant;
Upoiueguest, theCitv shall provide a copy of the test result to the employee orioh applicant.
55
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Witl1in,five (5)'·.:Vorking.days·after .. receiving .liotice?fap?sitive:cbnfirjndtest.res~ltfr()mt~e
<:;it7.' .~he~lnployeeori ob.· applicant may sub ll1it .i~foflllationto . the . Cityexplainingorc?ntesting
thetestT'esult, and explaining why the result does not constitute aviolationoftheCity'spolicy;
ifth~explaha~QhbtchhlIenge?f the,.employee. 6r.i ()b.applicarttis un~atisfa2toi:yt()t~~Sity.th~
Sity~paILproyldea",ritten' explanation •.• \VithillfifteenI15) days ofrec~iptas.to:~I:ytee
ell1ploye~.orj?b·aRRlicant's.·.explanati?njsunsatisfactory;·~long.~tea.c?pYoftheT~port:?f
#Qsitiv~/c?nfinned test. reslllts; ',' .All.su~hdocumentlltion • ",ilL be . ~ept~.onfi dentialexce~
providedin·Section9 .. above, and will be retained by the City foraHeasfone (!}year;
~1~1T1J?I()Xe~ll1ay.futtherchal1enge the.T~sultS'()fthe t~sti~'l court of C?ll1pete~tI\lrisdi2tion D~,
ifthedrug .• t~stwas' administered .duetoawod'RI~~e injurYiby~lillga~laim'forbenefi(s"witha
Judge.ofCompensationClaims, pursuanttoChapter440, Florida Statutes.
If~nenlB1tlyee()fjo~'.al?plicallt contests'thedrllgtestt~sults,he?rshewiilbesoldyre~R?i1sible
for •. ~?tifxi11g.thelaboratoryand .theCityillwritillg?y,certifi.~dlllail'alld.~rQ~ide.acopy ?f.th~
~1·it~el~l1oV2e,bycertified ... maiL to ,the • City. • Thelloticemustinclude.referenceto.thechainof
custoM specinicn identification number:
~1;e0ployee".or •• a,j()b .• :applicallt who 'receivesa<p()sitiVe,2oh±itined.festre$tt\tlJJ.aY>~t·. the
employee'sor •• joba!?pli~al1t's·.expe11se, .• obt~in.a.retest,?fap()~i()11ofth~ori.ghlalSj?ecih-te~at
another. licensed and approved . laboratory sel~~ted by the~'ll1p l?yee or . i 6bapplicant, wi thin one
hunclTedeightY(180). days. oft~e n6tice oftpe!?()sitivetes.~I~sult.
•..•........•...........•.. A~enlployee?Ljob applicanthastpe re~po~~ibilit;iOfi~()tifyingthedrLl!itestihg
!ilb~~~tory.?f~nY,~dministrative .or civil actiol1bj'()ughtPllrsttalltt?, Cpapter.~4?;Flodda.Sta~t~s,
Th~testlab?l'atorywill preserve ~pecimensof~ollfirltledp?sitiye reslllts for at l~ast t",Qhll l1dred
te 11 (210 )!qavsafter' th~result. was. ·mailed. to t~e iv1RO.·Iftimely·. ~oti±ieq()fs~ceaction, . the
testinglaboratorvwill maintain the sample until the caseoradministrativeaj?peal is settled.
3.9.9 3.8.iO·. Rights·undel' .. ciJiiecti"eBal-ll.airtirig.A!.ireell1ertts
~lhploye6s .who<are.c()''ered·u11der •.• artY'.2011~ctivebarg~l1ing~greel1iel1fbet*~eJi.~hedityand
~)jcertifi~d·'labor •. ·.orgal1ization .may·· h~veitherigpt.t?file .• a .•• gri~va~~e.~eg[U'dinq ••• ·disciplil1e
inW6sed, by .theCity as a~esult ·.of a violationoftllispolicyifsaiqgri~~a~ce is·!?erll1i~.edtobe.
filedpursll~t to'. the .colle.oti ve . bargaining'. agreement.· •• S ucpcollectivebargail1irigagteements
maysel forth further rules andlorrestrictions regarding. employee. testing,
i
3.9.10 JNL2J 3.&±l-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 aBthe 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
56
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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.,
f"PPENDIX 1
OVER THE COUNTER AND PRESCRIPTION DRUGS WHICH COULD
ALTER OR f"FFECT THE OUTCOME OF A DRUG TEST
---A-bC-DHOL
Allliguid medieatiens-eemaining eillYl alcohol (etlianel). Please read the
label fer alcebol-e<mtent. f.s an example, 'lick's Nyguil is 25% (50 PF(HJf)
ethyl aleohlll,temtrex is 20% (40 pre sf), Co~eyere Celd Fermuffi
Night Strength is 25% (59 pn16f) and Listerine is 26.9% (54 proef).
AMPHETf.l.vUNES
Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, lanamine, Fastin
CANNf"BINOIDS
Marinol (DrenabineI, THe)
COCAINE
Cocaine HCI topical solutien (Roxanne)
PHENCYCLIDINE
Net legal by prescriptien.
METHAQU,\LONE
Net legal by preseription.
OPlf.TES
Paregel'ie, Parepectelin, Donnagel PG, Morphine, Tylenol with Codeine,
Empirin with Cedeine, APAP witb~eine, Aspirin w#h-CWeine,
Rebitussin l.C; Guiatuss AC, Noyahistine DH, Nevahistine Expeetorant,
Dilaudid (Hydremerpbolle), M S Contin alld Rexallel (mel'phine sulfate),
Pel'codan, Vieedin, Tussi erganidin, etc.
BARBITURATES
Pbenebarbital, T-uinal, Amy tal, Nembutal, SecenatrLotusate, Fiorinal,
Fioricet, Esgic, Butisel, Mebar-al, Butabarbital, ButallJital. Pbenrinin, Triad,
etc.
BENZODIAZEPINES
57
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Ativan, Azene, Clonepin, Dahnane, Diazepam, Librium, Xanax, Serax,
Tranxene, Valium, VCl'stran, 11alcien, Paxipam, Restoril, Centrax.
METHADONE
Delephine, Metadese
PROPOXYPHENE
Dal'veeet, Dal'vea-N, Delene, ete.
LIST PRESCRIPTION DRUGS Tf.KEN WITHIN THE NAST 30 DAYS.
THIS IS FOR YOUR-YSE ONLY iH THIS TIME BUT Mf.¥-BE
PRO-VIDED TO THE MRO IN THE EVENT OF A POSITIVE TEST
RESULT TO ASSIST THE MRO IN THE TES+lNG PROCEDURE.
APPENDIX 2
LIST OF DRUGS BY TRi\DE OR COMMON NAMES
DRUGS/NARCOTICS TRADE OR COMMON NAMES
Opium Dover' s Pewder, Paregsrie, Parepeetolin, Laudanum
Merphine Mel'phine, Peetoral Syrup, Rexan~:I'flh
Cedeine Tvlenel with Codeine, Empirin Cempennd with Codeine-;
Rebitllssin A C, Fiel'inal with Codeine
HeroinDiaeetylmerpnine, Horse,8maek
Hydl'omorphone Dilalldid
Meperidine (Pethidine) Demerel, Meperga:n
Methadone Delephinc, Methadene, Mcthadose, Amidone
Other Narcotics LAAM, Leritine, Numerphan, Pereedan, TllssiW%
Fentanyl, Darvon, Ta~
Depressants
Chlaral Hydrate Nactcc, Semnos
Barbiturates Phenebarbital, Tuina!, ,'\myta!, Nembutal, See eRa!, Lotusate,
58
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
BenzQaiazepines Ativan, Azene, ClenOllin,--l)almane, Diarepam, Libriuffi;
Xauax, SeFax, TFanxene, Valium, VerstFan, Halc-ien, Paxipam, Resteril,
Rehypnel, Reefies, Tranks, Xanax
Methaqualone Ouaaluae, Luaes
Glutethimiae Dor-iden
Other Depressants Equanil, Mil, Noluaar, Plaeidyl,v-almia, AleelM»
Stimulants
Cocaine Cel.e, Flake, Sne'll', Crael., Reeks
Amphetamines Biphctamine, Delcebese, Desexyn, Dexedri:ne;
Meaiatrie, Black Beauties,C-l'6sses, Hearts
Phenmet~ne Preludin
Methylphenidate Ritalin
Methamphetamine Des8xYn, Cranl" Cu'stal, Glass, lee, Speed
Other Stimulants ,A,dipex, Bacarate, Cylert, Didrex, Iena~
Pre-8ate,SaneFex, Tenuate,.-=!jm an ii, V6ranil
Hallucinogens
LSD Aeid, MicFodot
Mescaline and Peyete Mese, Buttens, Cactus, Peyote
f,mphetaminHar-iants 2,5 DMA, PM,'" STP, MDA, MDM,'" TMf"
DOM, DOB, Ada~stasy, STP, XTC
PhencyclidinePDP, Angel Dust, Hog
Phencyclidine Analegs p-tE,PCPy, TCP
OtheF Hallucinsgens Bufotenine, I-bsgaine, DMT, DET, Psi/sevin
Cannabis
Marijuana Pet, Acapulce Geld, Grass, Reefer, Sinsemilla, Thai Stieks,
Blunt, Herb, Smaloo, Weed
Tetrahydrllcunnabinel THC MUFinel
Hushish Hash
Hashish Oil Hush Oil
**The full telft ef the-Drcag Free W(wlmlaee Pelic}, is availuble in the Haman
ReS6uree Department
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, threats (direct or implied), threatening behavior, acts of
violence, verbal or physical abuse, stalking, intimidation, or any kind of disruptive behavior or
s:pnduct 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 repOlt 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 detennine whether the employee engaging 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 against for making a factual report
regarding conduct or statements which appear to violate this policy or for cooperating in any
investigation arising fl'om 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 fOlth in these policies. No employee, applicant, citizen, visitor, vendor, or other individual
will be discriminated against on the basis ofbased 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 infonnation,
or sexual orientation. The City will not tolerate any fonn 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 VII of the Civil Rights Act of 1964 CTitle
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
tenns and conditions of employment. Failure to adhere to this policy will result in appropriate
disciplinary action, up to and including tennination of employment.
60
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
3.11.1 3.10.1 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 3.10.2 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.
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 infOlmation, 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 3.10.3 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 CityManager~. 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 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
party will 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 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.
3.11.5 3.10-.S-Disciplinary Actions
The investigator's findings and recommendations will be reviewed and OOfl5idefdconsidered 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 tenl1ination of employment.
3.12 3d-l-Anti-Retaliation Policy
The City of South Miami does not retaliate or discriminate against any of its employees or
mmlicants because they opposed any act or practice made unlawful under federal, state, or local
anti-discrimination laws or because they participated in any manner in an investigation,
proceeding. litigation or hearing pertaining to federal, state or local anti-discrimination laws.
Fmiher, 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 3.11.1 Complaint Reporting Procedures:
62
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 iswho 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 3.12 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
office under circmnstances 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
;;ampaigning, 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 3.13 Conflict oflnterests
No employee shall:
• Engage directly or indirectly in any business transactions or private arrangements for
profit that awruearise from or are based upon his or her position or authority with the
City.
• Pmticipate 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.
63
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
3.15 3.14--Authorized Use of City Name
The City's name, 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 3.15 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 pennitted by City employees on City
premises during work hours.
3.17 3.16 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 perfol1l1ance of his or her job duties and/or as expressly required
by applicable law, including but not limited to Florida Statute 119.
3.18 3.17 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 paIticipate 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 3.18 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 ~--Gity Charter shall constitute
grounds for disciplinary action, up to and including tennination 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 Gity Manager 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 City Manager shall notify the City Attorney of the allegatio~
The City Attorney-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. In those instances '""here ilie--Gity
64
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Attorney finds tha~tion of the City Charter has occUlTed. the City Atterncy shall present
the findings and recommendations at tho nolft-loegularlv scheduled City Commission meeting.
The City CemrnissiooManager shall make the final determination whether any employee has
willfully violated the City Charter. Ordinance. or Resolution.
3.20 3d-9-City-Wide Emergencies/Reporting Procedures
When the City Manager has declared a city-wide emergency ( i.e. hurricanes, tomadoes. 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.
Persomlel 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.
Under emergency conditions City employees who are exempt from the overtime provisions of
the Fair Labor Standards Act that are on dnty in excess of fOliy (40) hours per week may be
compensated above their regular salary at the direction of the City Manager.
4.0 4.9 PERFORI'VIANCE -E¥ALUATIONSMANAGEMENT
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 perfonnance evaluation process.
4.1 Purpase af EvaluathmPerformance 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 depaliment in
meeting the City's mission. These goals and objectives should be discussed with the employee
on an al1l1ual basis during the evaluation period and throughout the year as needed.
4.2 4.2 Coaching and Counseling
65
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 Evalaatien PreeedUfllPerformance 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 opportunitv
to improve on any areas of weakness. Therefore. all perfonnance 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 Head 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 helshe 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.
4.3.1 4.2.1 Evaluations for pProbationary
eEmployees
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
perfonnance 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 j:leriod. or terminate employment.
4.3.2 4.2.2 Evaluations for Classified Employees
All classified employees shall be evaluated annually on their anniversary date. A current,
performance evaluation is a prerequisite to persOlmel 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.
employees and first line supervisors
4.2.3 E'laluati6ns fer intermediate supervisors
66
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
4.3.3 4.2.4 Evaluations for Department Heads
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 satisfactor-y
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 employee who receives an overall performance evaluation which indicates that
the employee has failed to perform at a satisfactory level, but which indicates that perfonnance
may be reasonably improved through effective performance planning shall be placed on a
Performance Improvement Plan (PIP). A PIP may be 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 m311datory. 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 5.0 JOB DESCRIPT-ffiNSCLASSIFICATION PLAN, COMPENSATION SCHEDULE,
AND PAYROLL PROCEDURES
5.1 5.lThe 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 subst311tially 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 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.
67
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 effolts, 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
probation/annual 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 aTe 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.
Each job 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 FlU1ctions
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
68
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
The City of South Miami Compensation Plan provides and orderly and equitable means for
compensating employees on the basis of work perfon11ed 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
!llmropriate 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 maximnm 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 employees will generally be appointed at the minimum of the pay range established for each
classification. However. upon recommendation of the Depaltment I-lead 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 tbe 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
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%) 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 previons 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 trallsfer for reasons other than a demotion, the employee's rate of pay
69
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 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.
5.3 Jab ClassifieafMffl
5.4 SA 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
increa,es shall not be automatic, but shall be dependent upon a specific written evaluation which
§.ill2ports 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.
5.5 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-l), (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-l), may be made when the employee has completed
ten (! 0) years of continuous satisfactory service. Advancement to the second longevity pay CL-
2). may be made after completion of fifteen (! 5) 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.
70
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
In order to receive the Longevity Pay, the emRloyee must have a current Rerformance evaluation
on file that reflects satisfactory Rerformance.
5,6 Cempensation in Transfer, PFometffia, er Demetien
5,6 5,7 Payroll Procedures
The City of South Miami Rays enwloyees for hours worked and authorized Raid leave.
Enwloyees are not entitled to Rayroll advances or to "cash in" accrued, but nnused New Vacation
Leave.
In order to ensure the accuracy of each emRloyee's Ray, emRloyees are required to comRly with
the Rolicies and Rrocedures set forth in this Manual. Failure to adhere to these rules niay result
in enors or delay in the emRloyee's Ray.
5.6.1 5.7.1 Respoosihl!itiesTimekeeping
Requirements
Federal and state laws require the City to keeR an accurate record of the time worked by its non-
exemRt (hourly) emRloyees 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) emRloyees may not reRort 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 pennission from their
Department Head.
All non-exempt (hourly) emRloyees must accurately record time worked on a time card, or by
means established and aRQroved by the City Manager for payroll pUl:poses. EmRloyees are
required to record their own time at the begilming 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.
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 disciRlinary action, up to and including termination.
Any enors on your time card or in your pa)'check should be reRorted ilmnediately to your
supervisor, who will altemRt to promptly correct legitimate errors.
5.6.2 5.7.2 Direct Deposit and Issuance of
ICl1eck~li~Njl
All emRloyees are Raid bi-weekly. Each paycheck will include earnings for hours worked
through the end of the Rayroll period. If a regularly scheduled Rayday falls on a holiday,
Raychecks 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 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 Fonn.
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 5.7.3 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-Iuman
Resources as soon as possible, to ensure proper tax withholding and repoliing.
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 pa.Y.J!2
directed by Court Order in the form of a valid income withholding order. garnishment order. or
as otherwise required by law.
I.Lyou have any questions conceming payroll deductions or how they are calculated. please
contact the Human Resources Dep31iment.
5.7.4 Camishmellt ef Empjeyee Wages
5.6.4 5.7.5 Deductions from Pay of Exempt
Employees
The City Pl\YS exempt employees under the Fair 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 31llount each pay period. the City, in
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 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 pennitted to use accrued benefits under the City's paid time off or vacation
policy to make up for this rednction in pay.
c. An exempt employee who is absent from work for four or more hours in a work
week becanse of sickness or disability may have his or her pay for that week rednced
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 P..ilY.c
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 pal' for any such week any amounts the employee received as jury fees,
witness fees, or military pal'.
e. An exempt employee who violates safety rules of major significance mal' be
suspended without pay for _ one or more full days in accordance Witll the City's policy on
disciplinary action.
f. An exempt employee mal' be suspended without pal' 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 tlle 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 propOltionate to the
number of days the emnloyee actually worked. 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.
5.6.4.1 Complaint Procedure
The City is committed to fully complying Witll the salary basis requirements of the FLSA. If an
exempt employee believes the City has improperly reduced his or her salary for a particnlar work
week or weeks, the employee should use the following procednre to seek cOlTection 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 he( 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 amowlt 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 Hwnan Resources Director will investigate all reports of improper salary reductions and will
detennine whether the salary rednction 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 detennines 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 I,Iuman 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 I-Iuman Resources Director for more information.
5.7 5.8 Overtime Calculations and Pay
The City pays oveltime at the rate of time and one~l1alf 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.
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 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. 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 lUlduly
disrupt the department's operations.
5.8.2 Payment for Compensatory Time
Upon ternlination of emRloyment. 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.
5.Hl PAYROLL REpORTING PROCEOORES DURING DECLARED
Ei'I'ffiRtrEN€¥IDISASTER
6.0 6.0 DISCIPLINARY ACTIONS AND PROCEDURES
6.1 6.1 Progressive Discipline Policy
The City recognizes that all employees should have clear guidelines that will enable them to
perfonn their duties with maximlUl1 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 tennination 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 approRriate 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 oftbe
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 disciplinal'Y action 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 6.1.1 COHlIselillgVerbal 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
fonns 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 disciRlinary action. Supervisors should document all verbal
warnings, but they shall not be made a part of an employee's pern1anent persoID1el file.
6.1.2 6,.h;l--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 speciilc description of the
conduct for which the employee is being reprimanded. The statement must also eXRlain 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 suRervisor 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 ille.
6.1.3 6.1.3 Suspension
A suspension without pay is imposed upon an employee for reReated misconduct which
previously resulted in a verbal watlling 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 1 day to a maximum of 10 days. A suspension is initiated in writing to the
employee at1d 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 at1d including termination of employment.
6.1.4 G.1.4 Termination
Tel111ination for disciplinary reasons may only be initiated upon reconll11endation of the
employee's department head or the City Manager. Tel111ination 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 COnf0l111 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:
(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
successi ve offenses.
(b) The employee has failed to meet satisfactorily the terms of a disciplinary probation.
76
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
eel The employee has within a 12-month period either received three written reprimands
or been twice placed on suspension.
6.2 6.2--Disciplinary Guidelines Table
The table that appears below provides a guideline that identifies some of the most common
fonns 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 circLUnstances 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
norms of workplace conduct and/or discredits the City shall constitute grounds for appropriate
disciplinary action.
intimidating~ coercjng~
or interfering with
another employee,
vCl1dor l cjtizen~ or guest
Provoking a fight or
fighting (phvsical
assault) on City
Striking or assaulting
an emJ2lo~ee~ vendor~
Absence from
designated duty station
Tardy or absent
from work without
authorization
illegal drugs or alcohol
beverages or using
illegal drugs on Citv
City's drug-
free workplace policy
Reprimand Suspension Termination
Term ination
Termination
Reprimand Suspension Termination
Verbal Warning Reprimand Suspension
Termination
Termination
Termination
Termination
77
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Cit:y nremises Termination
malicious statements
about an emQloyee, Reprimand
vendor. or citizen
SusQcnsion Termination
Use or l2ossession of
another emQloyee's
Ilrol1erty without Reprimand Susl2cnsion Termination
permission
Verbal Reprimand Suspension negligence
Obstructing City
operations Susncnsion
City nrouerty from the
nremises without Termination
ncrmission
Willful destruction of
City I1rol1erty Termination
loitering Verbal Warning
Use of City facilities for
Qcrsonal use Termination
Theft of any City
property or funds Termination
Verbal Warning Rel1rimand
City vehicle
(Ticketed & traffic Suspension Termination
violations}
reguired time and
attendance record
Reurimand SusQcnsion
Rellrimand
Termination
Termination
Suspension
disrespect Susllcnsion Termination
78
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Suspension Termination
Termination
6.2.1 Category Olle Offellses
6.2.2 Categary Twa Offell5ilS
6.2.3 Category-fhree Offenses
6.3 6.3 Appeal of Disciplinary Action
Classified employees shall have the right to appeal any disciplinmy action which imposes a
suspension without pay of more than five working days or termination of employment. In order
ill.J!ppeal 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
12roposed 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 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
jn such Agreement.
7.0 7.9 TERMINA nON OF EMPLOYMENT FOR NON-DISCIPLINARY REASONS
7.1 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 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 ofthe notice
of resignation 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 report to work or to repOli the inability to perform in a timely
maImer 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 notifieation 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 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 fonns
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 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 detennine whether such RIF shall be
l!J2Plicable to the City as a whole or shall be applied to particular departments only.
In detennining the order of reduction. all temporary and emergency employees in a classification
or department shall be separated first, followed by probationaTY 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
£!Ilployees 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 11-0111 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
Depaltment advised of a current mailing address at all times.
8.0 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 aTe pleased to offer top-tier benefits at competitive rates along with other
80
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 8.1 Group Health Insurance
The City provides a three-tiered plan under its group health and dental 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 pOliion 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 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 emRloyee. Employees are
eligible to Rurchase additional life insurance. including SRouse and dependant coverage at
reduced rates.
8.3 8.3 Long-term Disability Insurance
The City Rrovides long-term disability insurance that PJovides 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 8.4 Voluntary Insurance
The City provides a variet)' 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 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. emplo)'ees who
separate from the City's emRloyment for any reason are entitled to temporarily continue their
81
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 8.5 ~ftRetirement Plans
SeeRB"+'-All new employees who are hired by the City of South Miami on or after October_l.,
2011, ",411are not be-eligible to paJticipate 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.
&eetiOfl 2: City employees are NOT required to contribute to the DC 457. however the City will
match the emRloyee'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 aJ1l1ually during the City's open enrollment process.
&ee1iBH 3: 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.
Seetoion 4: 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 Depaltment. a letter stating their choice to discontinue membership in the City's General
Employees pension plan. The letter must state the respective percentage the emJ210yee 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 ;'()+2-20 12.
SBetioFl 5: Should an employee choose to discontinue membership in the City's General Employees
Pension Plan, the emr>loyee 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 fro111 1.6 to
b. Effective October 1, 1996, the benefit accrual rate (multiQlier) shall be increased from 1.8 to
2.0 % (historical data).
c. Effective October I, 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, 1999, the benefit accrual rate (multiplier) shall be increased from 2.5 to
2.75% (historical data).
82
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
f. Effective October I, 20 11, the benefit accrual rate (multiplier) shall be reduced from 2.75%
to 2.25%
SeothlR--i+-The following changes are applicable to all covered employees who elect to continue
in the General Employees' Pensions Plan:
8.7
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 cun-ent Final Monthly
Compensation as of September 30, 20 II. 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 cun'ent tenns 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
nonnal 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 wilt receive the
supplemental benefit on their cun'ent 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.
8.6 TaitienEducational ReimbarsementIncentive Program
The City wishes to encourage its employees to continnonsly improve their skills and abilities in
order to increase performance, Accordingly, the City provides an edncational incentive program
for its employees. Fnll-time classified employees are eligible to receive the incentive for
approved conrsework 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
tuition only rate for an equivalent credit hour at Florida International University (FlU).
Employees requesting tuition reimbursement must have a current satisfactory 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 Depallment 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 tenninates his or her employment for ally 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 Assistallce Program CEAP) for all employees,
including their dependents. This benefit assists employees and their dependents with persona!
alld family issues, including but not limited to stress management, bereavement, mal'ital or
fanlily issues, financial problems. or substance abuse problems. Employees are encouraged to
seek assistance before such problems negatively affect their personal well-being and job
perfOrmallce.
You may request additional infonnation by contacting the Human Resources Department or the
South Miami Hospital Social Work Services Department at 786-662-8106.
8.9 8.8 Employee J4eHtifieatisn 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 Rrovides 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
84
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
The City provides a free six-week tobacco cessation program. Th~ogram inclndes nicotine
replacement therapies and on-site peer support meetings.
8.9.4 Weight Watchers at WOI'k 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.
8.9.5 Bariatric Surgery Beuefit
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 (I04 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
1. Cardiovascular disease
11. Type II Diabetes
Ill. Life threatening cardiopulmonarx problems, obesity hypoventilation
syndrome or Pickwickian syndrome, obesity related cardiomyopathy
IV. Joint disease
v. High blood pressure
v!. Sleep apnea
3. Employee must submit proof that he or she has attempted medically supervised weight
loss in the past without successfullong-tenn weight reduction.
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
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 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-tenn 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.
86
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
1.5 ANT-I~ATJON AND SEXUAb+!A~¥
+he-Gity of South-Miami wishes to provide its employees with a pleasant-wel'k-atm~~erel*iflg-lhi£
polic)', the wonl "employee" refers to eV<!f)'i3€l~-the City of Mtlth-l\4iami, wh~-jlet'5<llH&
~-ebatioflary, permanent, temporar)" part time, or aesignated as afl exoc6tiYe. Semlal harassment of aRY
~'6)'S-lha~nd does net-f'lffiher-the b~siness mission ofMle City. It is the policy of the Cit)' ~lat
~-{)Hlffin!iena]-weJl..beffig-sukl~~~e Cit)' will not tolarat""
aHy-5e)[uall), r-elated sonduct by any empleyee,vend_stomeHHupplier, which harasses, dismpts, embarrasses,
intimidates, offends or threat_~€r persae.
Any employ~~j€r, wha sexually harasses allntiler persan -during wark haurs, whffil..en
Cl!y-pr-eperty alldler while condusting City b"siness shall be subiest to -thO-5lfletest dissiplillaJ')' meas"res available
te-tho-Gity "nder the eirs"nwtaJJees,up-tB-aHd-tfleIHding :erminat.Jen-<>f.oo,pklyment-andl_ffin of sontra€!
with the City, Anyene-who-vielat€S-thffi..pelklywill be su~ary-aetion up :-e aHd iRclud-ing-dism-issal
from empl<»'l11€l1t-
'l'1MHoJklw.ing-polleies-iH'<HlMHJdator")"
a. All employees are el<pcole<l-tB-l1€t in ways, whieh establish a professional wOl*-atmBSphere ii'ee 0["""",,1
lJafasmHenl aHd se"ua] discrimiRatien. ~ad-shall-ensHre that the werl<plae€-i&-free of sexHal
!Jara&.lm€flt.-AJ1-employees have a dHty to report any suspected se"ual harassment by a Cit)'~0011-
em.pklyee while on City prBperty-ef-whefl Cit)' bHSiaess..f~ndacted, to the appropriate Depan""ent HeBd
even if!hey are not the victim. f'R-€~ad statas with the City-sha.Jl.Het in any wa~rffi€d-dH€-te
any-geod-fait!Hepert of susp'*tBd-5<lxua]-h~all aHy retaliation again:;t-sBelrempklyee be toleratOO.,
br--No supervisor or non emp!oyee-shatJ....threBt€i1-BHruHrHlBte-that--aa-em~.eJ'{lSal to sabmit to se*wl
ad¥aRees,-er any type of selmal harassmefll,-wilf..ad¥ersely affect his or her-emplByffient in any 'Nay includillg
evaiHations, wages, ad\'at16eFRen{:)ffiRies,sh~jpHnaFjl-ffiatters or benefit&
c. Any other se*"l!lly-ofiented beh . .. me by anothe~5-pfOllibite&.-
~ct may iac!ude, but is net-lirnited-tB+
~lffi9!..fIi1'tBtiBllS;-1ldwmees, s!aring OF prol'ositiorur,
2. Verbal abase of a selmal nBt~a]ly-feJated-eomm.eRts-or--jBke&;-re~Br se"Hal favors, graphkl-Br
degrading-comments-aboot-a-person's appeara~-adiRg-w<lrds to describe a pe~-verOOl
~e's seX-Hal ofientation;
3. Senual!)' sHggesHve body lllffi'€lllents directea toward a person;
4.---Any uninvited physical coataet wl,ich is se)[ua! or offeasive, SHCa -as--patt40g, l'iflchiag, gropiag, or censtaat
e-lJiag against a~d
5. Jokes 9f remarks of~~tHres,or-the-displa)' of·_ually explicit or suggestive picture&;
eart00BS or-erRS[ SH6h materials ....
6. All)' seJtually-harassing behavior--directed towaed a non emplo)~iag worlEillg-heurs-or
wlJ-ile..oo-(?<ty property will be treated-as-if-the harassm<mt-was-direc-led-!Bward an employee,
EQUAL EMP-LG¥MENT OPPOR'!'UNHY!SEXUf.L HAlMSSMENT COMPLAIN~
1. All)' per-soo-wb~ they have .... aeon .. discriminated against-<>r harassed in the worle place shaH
kldge a y,Tilten complailll-<lireetJy with all)' of tha-fellowing iadividuals: the C.{ty-Manager, the HUl~
Mauager,er-tha-emplBy€e's supervisor or Department H€a4
2. All empjByees have a.eoty to file a complaint on all)' suspected~ooident efdiscriminatiBn or harassmefl!.
;;, It-ts-tha-respon&ihty-Bf-tlJe...Depertm-+l~er....ffi1JB<odiate S"pervisor, to report it to the-Gtty
Manager andlor the Humae ResB~ediateJy,
4. Once the Humall .... RewtH·ce Manager or the City Manager recoives a complaint,tha-Human ReseHrce
Mauager-will-<1011dBet aa iflvestigation. The iflYestigatii111-Shall-ineJude aR interview with-tl1e employeefs) who-made
1~"d-the-parsonWteward-whom the comp!aint was directed. Any other persons who have information
l'€gardiRg-the-alleged-€Olllplaint-may-aJw..i3e.illlefViRwed,
s. T.lJe.+I*,maJ~lli'ee-MaHager~epare-a .. wtiltel1 inyestiga~J4)-fifle~ef
tha;JBliiioot.ffin.of.the-ffi±spec-ted-diSffinJ.jililfio111ha,..ssn"'nt"'Ht~eirwrnst""ces prevetlt-from Eloing Slr.-
87
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
~tiBil-fej'Klrt shall i,,&klde a flHdiRg-tl!akltsc-!'imination/haffissHWnl-OC-<:-BH-€4,did-Het~-{here-is
iH<:~ evidcnee-as4e-Wh€t~r~fll<lHt'-BOC-llfl'l34--'f+>e--r~lts~estigatiBi1-5hall-be
se~-€ffipJoyee(s) to v,hOOl-th~iRatkmlhaffiSBn"'nt-was-d~~
~tB4-ef the diserimHlatiRnihal'asSlnent-'f-l1e-roport afl<l--any-diseipiinary-aet-ien--whleh--reffill-l5-WiJl--be--plaood-itl
the-eppr-epriare-eIRj3leyee(s)~
l.6 ANH---RE-TALIATION POLIG¥
+l!&--Gity of South Miami will net diseriminate agaiHBt-any of its en~pfieaffiS--f-er-"Hll'l<>ymem--geeause
thaHlavo oppese<l--any-aet-ef--l'raetffie-;R<lde--un-lawful--BR<lar--defefffllfedorai,stat"",r---lec--al-aRll-4i£el'imiRati-en---laws,
~e--a~{l(ed--er-partieijlate--iR-any-mam--m-aH--iR-vestigati-eH-;--jlr-eseeding,
jit'gati en er---l1eal'iRg-jlerta~r-looal--antHJ.iseI'iH>i-flal-ien-laW5-c
1, Discloscd,ef---lJ1realaned-te~~nental ageflcr,--nndef--eath;---iH--",\'FitirJg--an
aetivi~y, J3e1iey-e!'fHletiee--eftha-empl<>yer-tllffi-i~fl-0f a law, 1'l!le--<lF--regHlatiRn;
a, Previded-iRf<wma'jon te, er tosti'~-e---aH)'-"l'J3fBj3l'iale-g __ l--ag~SOO;--<l~
aandooting-an investigatioo-;----hearing, er -iR<j'Iliry-int-e-an---aUeged violat-ien-nf---a--Iaw,-Hlle,er----'fOg'Illal-ioo---by-the
employer;
~, Objeeted to, er refused-t-e partieipate----in,----alT)' octivity, peliey,<w-jJl'll<4iee-ef-tlw-ef"pi-ey-ar---wilielHs-iR
vi 0 lati on -ef--a--law;-!'U-lO--<ll'cf€g1llati_
+OO--Gity--ef-Setltll-~~fl-y--f-ernH'H-etaliati-en--against--an)' emp i-eyee--t"r-Hlffig-a--l1ena--fide~ffi
llf!-d€Hhis poliey or fOI'--asststing-in-a-e-emplain\--iR-v€£t1gati-en,-----A-fly-ern-pleyee-who eelieve~een-4e
snbjee1-ef--l'etaliation shollld repart--the--allsged--aet---lffill1e<lia-tely-(wilhi~Hhe-ajjege<H-etaliatefY aet) :'0
lb~ur-wo--Manager Direelor ane/ er---tlle--Glty--M-anager-.----AH---lfl-Vestigation and a wr~t-l€tHeflert res~ oneing
te---alJ--a-emplaints and findings will be undertaken aRd-e-empleted imHWdiatelywithin--l-;l{)-<OaIen-dal=4ly&----Any
sHpervisor, agent, or otherDifeet-e~€f-vffi-er--er-etlloJ:-'lfllPlo)'ee who_, after appropriate investigat-ien,ltss
~Hnd e)' the Cit)' to h",'e fetaliated agaiRst -annt-lJef---ampIeyee-witl---iJe--subject to appropriate sanetions,
dBpen<ling-ujJlllHhe eire"Blstafl~ng--in--hislh€f---m<Hlp--t-e--and---lnek!4ing-t"rminationdiseielinafl'--aetiefu
!#l to and inolu6ing-terminat"-
L 7 DRUG--FRE E WORKP--b-AGE--P--OLIG¥-
:r~W City of South Miami ("Ci:y") is eommitted--t-9--jlfOViding-a--safe--wer¥iI'0nm-eHt--f<lr our employees, ou~
ouf--OOlHmllHily-aml--!ho--j3"IJ-li<r.----:r-he--almse---ef-aIsoaoI and drugs is a national probl<lln---whl-eh--impairs---tltB--Safety--an-d
aeallb of employees,-proH!<ltes-er~HW-and___llilfrn£-0_ffiHunit)', In eI'<l€Ho--ffiainl-ain-t-he---highest-standllfds-ef
_rale, produetivity allG safet), in--our-nper-flti-en£;--W~nstil\ltillg the City-ha&-<lstaelishea aile im!l:!emonted a ef\lg
and aleolteI--free 1I'0rkplace--palier.-'!:-l1o Poliey applies to all ~ll~ft tinle, seas-enal alod teBlJ*>f-fllY
,,'orkers. Any vielatiou---ef--tha-P--eli<l-y--will-resBlHn-diseiftliRar-y--~"!lli==t<Hl-Jld---iRelBding terminat-ien-nf
emple"'l1lent.Wilb the eOepOI'llti-en-and-asst5tafl€O of our emplo)'ees, wo-will----lmplalH,llll-a--program desig"ee to
provide a safe woritplaee anvironmefll free ft'Oln--drBgs--an~ief--almse,
This p~mplies willt-the---f-l-el'ida-fffi!£~-Rlae-e-Pregr-af!l-;=#S=!lf-<Wided--in Seetie,,-440,lOl at
5efu;=flerida Statulescand---the--apJl:!ieahle-Mmillistrat-i¥e--Rllies as a",eflded. This Dreg afld Aleoaol Workplaee
J2-e1icy and 'N-e!'k-RHles---l'of!llire-aJ.l--aHmJeyees to ee free from lbe inflU€nee-ef~--drttgs-an4'-er-aleoh-el-wlHle
working or while on City pr-epeffl-(t!lis inel",des, but is not limited to rest periods and \Bneh breaks), The use,
uossession. sale, distTieutien,-jlf=llli!!'llfil6!llfe of--alW=il.Jegal~ndlor use of aJeehekwIIil€---welokieg-ef=while--en
Gity-preuerty is stri€tl-Y=f>l'Oaibited,
88
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
GENERAL-P-ROIIIBlTlONS
~s are prohibite<!-4fem being at we!*-er-en-Gity propert¥dnel~ding padcing l<l15.-With-tlJe presenc-<HH
a"'f-dI'Hg-e~:e, as sel fefllt.ll~ll-tl!e-Bmp~y, 1"10)' emple¥6e=wlto has a cO!tfi~#i¥e
test ofa dFH~eH_oo~els defined~lerein will be eresHm~der the influence of the-dn!gaH<!
itt-violation ofCily Peij€y,
+he-Cily-<ioes net pt'ehib~-a:4~cribed modi0atioo1=whi4-haiHHlH_nt~d medical-u:se-
Broviaed:
Thc-dru~S=pf€5€l900d for the ampJoyee=lzy-a:-mB<lteal-doctor for IT6<ltmant of a bona fid&-l11C4Bal-wnd+tioot
lJsa"0-ofthe dmg is eonsis:""t witH tha safe pcrfur""",~'s auties: and
--~5=US"d-aHhe-dGsage-pr""€i9be<h
--.--!Hs the omplol'c-e21H'OsBonsibility=te=llffii-fy=hls or her super-vioor-when he or site has a v~~J?t*n
meai"atio" which may impair his or h€l'=-1lbiJift-:tQ--p€ffel'l1'l-at '.','orle or when s~on would eanS<l=the
BlTtpl<wee to test pesfti.ve-en a mandated dnle screetr.--=Et~1--Silfetv-s<?fl£iti.ve-ef-SpeeiaJ risk=oositioflS arc
reqnired-tJH3f<Wide-t~r-viser-with=ffil£h informati-.
~R-IlGR-FRO\1SrONS
We-reoogttize-.that-a!c-ehol and dFHg-dejl{)flooT!€rTe'lUi{~supervision-aud-treatrnent-if-lher~r
snceessful rehOOititarifttt-nnd reeoY~r desire alld--intent-fs.-.to eBGOUrage any Ol11ple)'00 with al€ehol or drug
OOpetla€~G!untarily-enler a drug or<llooOOl-T€hahllilOOoo-pr<>gffiHb--j{-i&the responslbil#y-<>feac-h-etl1pleyoe-te
ffiilinte and obtain assistaoc-e-tefore any diffie1±lties--witl1-drllgs--<>r--alwhet-affe<:+his-Bf-ller--aetHly--tD perferm jeb
Rme#erlS. Accordil1gl~el'dingJy, aTt--employee ll1a't='tj>looti!fjlv-adJ11#.-.that=he-Bl'--She--has--a-substanee--ahuso
~ees who re§uire-as,,;,staflce for soostaTtc-e-GepeH<!eac-y-arul related progr-ams-are el1eoura"od-t~
ass4~Ei-iflf-ermatieH-ft.effi-tbe-H*lmaB Resour~r-tm~R~ regarding the EmploveB Assistal1-€<?:f2rogralfu
Ne-disffi>!ittafY="€IiOIl will be !al,en against an ~!Je.-;;e!f.-id0fltifi€s-ooder--thffi-;'safe--harbor" previsiBH
j2j'B'l'iOOd-tllnt-tlJ<HlIfll3lByee-eompl*s-willHlll-reE!uirements-ef .. thiB--se€1iel1,.--S,l€h employee=shall--oo-referr'Od-te-tlJe
ErnJlhwe<t-Assistanee P-rogram for ellfOHmel1t-=aoo=par1i<;ipat{en in a boRa....fi~~se rehabiHtatioo
fJf6gfili11, The omplQyoe sllall be-ro§ffirea-to-sBbffiikffiOUffi6!lled-PfoofeftHe sullffi%ful~BH~gFallh
~_ will be suQieet to retum=te=-W0l'*=-alld--f<>l!ew-up-le§ti'llgc=Whieh sltall-inoJBde submissioo--te-ran-detn
testing for a m-HHraurn of twelve (ffi=!llentltfHll1G a rnaxilllilll14-tweffly-f""f (24) moatl~diateff{OOewif!g
OOlllf'!etiou-ef.the eregram~OT!€e a vielatien-&f-th~-c-Bf&=SHbseE!uent use efa oeBaseliB" er rehabititatie"
p!Oc'l'am Oil fH'olUlltarv basis willllot-ilffec~f-ap!lf{)priate disc~plillary action~
t\.R""rnpleyee-in-vaJ.V<!<!-ffi-.a.-bella fide rehabilitatitlll program may-lzeeIigible-fer..a reasenable aec-eml110Elatioo-with-in
tHe assi"ne8fleaa_t-ef-elsewhere within-the City b'tplaeemel1t..ift-.a=OOfHl~ position Pf0ViOOd-tIJot
Sl!<!lt=AAsffien is available and as set ferth below. ill tHe eye~esition is available tll~
be-entitled te leave-uooer-tl10-l'alH~i€a+-±.eave-A,*fFMb~={)rnpletioB=ef-the BrogFaru~
identiB€atkm-lll-Hst-OO-oomple!Bly-y-e!!!fllarl'=ana will Bet be allowed afte~rnBloyee Ras beetHleti4ted-~!~.f"f
a dl'eg sereel1-rl'sgardless efthe reason fer th~
P-F'Ovislelhrfof--Emplewes-In-Safety Sellsiti"e Fesffions
An employee ia a sai'ev/=S!l!lsitive Bositi<lll-W~-suhstatl€"",,bllSe-l'Ohabilitnt:i<m-pfBgFlllR-WilJ..OO.-aooigHed-te-a
pesiti0ll-0thor-than a saMy sensitiye position, er, if such a pesition is nef-available w~={)l1 .. leaV<!-wht!e-tRo
Bl1lpleye~ffig ill tHe program, Tho-emplByee--shall Be pel11litted to use any aecurnulated leave-ef0a#S
before lerwe=will .. be-ol'<lere<l-witheut pay,
·-Pr",,<islons fer E-rnployees in-8tJeeial--Risk-P-oslti0!tS
A1l=€mplovee ill a special risk pes+ti~ieet te diseipline or dischargc--fel'-the first pe~HeG test result
jf~n-fir-mod ... is-fill-iJli<'it-dr-ug under Seeti~~, Flerida Statutes, !\-special risk e!~OO-is
participating in a sebstaflee-pll!!se-progfam will Hot be allowed te eentl!lUe-lo work ia a sefety sensi:We={)r special--
risk positien, but ma)' be assigned te a pesitien=<JtHer tHan a safe!y=sensi\i"e position er pla~e while tHe
em~*ipating in the pregraru~e permitted-to use any-aec-u-muiBtod annBal leave
ereffi~eaye-wtll-be erdered witHoffij?!!¥;
89
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
±Hhe-i!ill!1loyee. is offered aR oppertanity te-eHtef-iRte-a-rehabilitatie!nzrogrrun-RH€Hef_&-l<Hl~~l!llByee
witJ-.OO-·immeaiatel-y-t<3fRli"ated~'ees enterfflg-a-f<lhalJilitatiaR=jllill"'ffiH,ndeJ4e=j3fwffiiBns-eM-hs=¥eliw
1IltffiHaIi?fy~n,ent&-ef-that=Jlf<'!ll'''Rl illelading any reqnired--af~re. Failur~ssfuUy co!l1Jll#e
rehahilitat-iell=llr-&.!l'allHlHHlubseaaentjlooffive-c-eRfuine<i-<Jfug test will-l·esalt in immediate terminati_
O~y complies with the Floriaa Drug Free Worl'l'lacc--P-FegFam,as--pr-evided in Section 440.101, et
seq., FIOl>i<Ja,--St"tates,and--th<H!pjll-ieahle--Ad!nimstmtiv€--Rul~meHded. This Drug-and Alcohol Worl'l'lace
PBli<;y--aOO~re-<>l1--eIHpleyees to be Ii·ee fi·enHhe--in~~0hel whil€--WBf-k~ng-er
whil<Hla-Gity--pfBpefly--is-jlffihlhiled (this ill€lOOes--ena~iods ana laneh-hroaks). Th<H±SC,
possessi&J~"Stribl:ltion, or maRBfaeture of any drugs,aB:d!~ffi:lth.efi-t;ed pessess400-an~~
~orlting or while on Cit)' propert)' is prehfuita4
----All--"jOO-awJi<mnts" will be testBd-feHl~Hg-WBr*-All-emj>l~'lIg
and-aloohBl-lesting apon reasonable suspicion, a~·eHnj,*y--wflieh req"ires nl0Elieal--etteBtiBn~
fellow ujH<HBlease-ffBm-a-!'ehehilita~-as-pafHlf<H'ell:Iffie-f~hysieaB-ex<lminat-ieH,
CBrtain=emj>leyees Rla), be subjest to 1'al'!dem--drug-ana-alcBlle4=l£~--l<r-federal law or eoUIlett¥<>
bargaining agI:eem€Bt&
TES'flNG POLlC-¥
lt1-6fder--lB-nliHntaffi-a-Gr-Bg-atld-aleohel-fi'€<H'l'Elrlt-eR-vir-emnent--and-i&-aceordanee-witll-Fleri<la's-f)r;j.g--l'fee
WBflqlla€e-l'regl'lHlkiieetiBtr44{}.-I-O+.-ct-seq, Florida-Statutes, as aRlendcEh=;Jlld-awli€ablc-AEHn·in-ffil"mve-Rul~
Git¥-~re-ffi±bject to testing fer the use of iIle"al~--Bl_thBri.;;sed-aleohol consul11j'>t-ien-as-set--fef{fl
below,
J!I'€-Em~=l'esting£-eH<,¥
i\ll--j!llHmt>licants will-llc-!<lOtBd--fer ~f=iIIegg·l-drugs prior to begimHfl!!:::w""k--anEi-as-a-oon4it-ieH-Bf
employment AU suelt-f)R,!g Screens shall he condBetOO--at-a-tBstiBg=facility designated by--tfle--Gil)' at tRo City's
Bfflnse. All)' offer of emelo\'fnent.fu~riH4he--Ci1:y's=seTvi%-sha1l-Be-eendilioocd-ullBll=llle-c-anffi<lat"'"
satisfactory eleaf8H€<l-Bf the Drug Screen. A1W-!!andidate who tests positive fer the use=efillBgal drugs dur-ffig-tl'"
me eHl!JloYH'leHf-lestffig=-§hatl=he--l!",ligible={Bf-€lllflloyment and shall b&-<loomed-te-have failed to satis-Pt--the
comiilions of enwl",,,,,,,,,,t .Farther, such candidat-e-shall be ineligiblJ0[or-oonsideration for emDlo),ment--in--a!W
'*Wacily in the Cil)' foI:a.peried-eftcwelve months-fioern the date oflhe £ailBd Drug SCf<leH,
R'Hl<lem-'f-est~
The--C.jlij=feeognj.ges-!hal there are some positions in its ser¥iee--wl,i4--invBl¥e-safet) sensitive functions, r0fl1±ire
possession Of~l'lBreiaJ-Dl'ivOl"£.-bicenso (CDL1. or re~<Hlj}BI'8tien-<>f--a--Gil)' owned;'e»;cle as a
reqairemont of the positiGl'. Emplo~iiUiH!!:::#",se jobs wiH be:::§±!hhoct--te-randnm DrHg andiol'--Ak-ehel
8eremiHg. Eligib!Jtempk>~illhe chosen based on a compuler geJl€filtaEHa,7dem-sampling ofemnloyeeG-\\<ithiH
eaeIH9:-OOlT§±!hiect to random testing. AI!:JlmpJ!Wees within eacl' grbar sAaIl-"'l¥€-an-a<l1ffil-cl"m~g selocted
each time a seleetielHs-rnade.-l'€<leral law-or-tiHHJ<Jllective bargainin" agfOOfflCnt ma'l set forth-fufllw'-f<lStr-ietiBns
or mles on rand0fll dflig tO~Dloyees wI1B-lBStj?B§·iti'le for IhB-USO oLl!egal dmgs or the unallthBr-iz-ed-Bse--of
aleBhoi shall be subject 10 aisc-ielffiary-afliBHriljHe:::I!!J{I=iIlBffidin<HerfHinatioo-nf-eRll?leyment.---l'uflhef;--faiffire=of
any such tesHl",n be grollilas=«w-th€--eflwloyee's ilnmediate suspeflsion !i·om active du,y wi:b p~·fill€l
ffiseipli nal'¥=!l9liBfh
Reasonable 8!lspieiml-T€st-ieg-P=!J!iyy
Supen'isoFs=wl1n=havo a reasoaabie sllsllieiOlh=1>ased-tlpen-the obseryation of slleeifts--and-ebjective factsclhat-an
Slllpleyee is uRder the influene. of alcehBl-Br arags may req!ti~-fBr an Alcohol andier Drug
8ereefl,-ln-suc-l! cases, the SHper'Jisor shall-wntaet-tl;e--j.ffiman Resolli·ces Department, reDort ruS=<Jr her sll§J?ie-ieH
and-the-reaseHs-therefBfe. Human Resourees shall require the elllflloyee to rwort to a teatinffieility designale<l-J?y
the City at the City's expeflse. Employees who lest posili-ve-fer-the use of illegal drags or thlHH_tOOr~
alenhol SAall be-sl!bie<;-He-discipliRary adoB, up-tiHllld-iaclading termiHali<ln-Bf~en~er, failure of
en'!' sueh tesl shall be grouflds fer ti,e elllfl!oyee's immediate suspensiBlHfem--aetive duty with pay pendiag-fmal
ffiseiplina~,
~-ide!lt-Testing POlie"
All employees will be s~bieet t8 Aleehel and Drug ScreeRing foilewiRg any ofl~eei<le!Jt-which -causes
OOdily injun requiring medical atteRtion or Gamage to prOBeR",. All such aeeidents must he repOfte<l--te-the-Gffffie
90
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
'*·fI"Blan~mmediat~eiF-e€61lff€Hee; sHeil reper~t-later thail one+l±heuffiern.
~_rrenee. Aeci8""l'S-eoour-f·i!HKlu~jw=sj3HmarylJoers OfOpeFatiell-sha~ried-!w
_€!iJ1g-the+l_-Resoerees DCWflfl'teflt-via-the-<lesignat<l€i-ajier Re\lfS-ffiHOOers. U!>en-reooiJ?l=ef-an'ctepert-Bf
aB€ffiet1t;-Heman Resoerces shall arrange for testjng=wt~designate8 testin£0'a£.ility;-m· 'Iia on site-tesB~
Uffl!f!lj?Ijate.-EllljllB'f€fS=Whe=!€st-j3esitive-fB1~e-eHiJ""aHlr=l!g!K>r-tlJe...una.utheffi;ed-ese of aloohol shall be
!It!bteyt-Io diseipli~<HlIJd ineleding te"nffiatiBn-of.!lllll!levrnent. Ferther, fai·lut'<l-ef.ally=st!<lh-{~hall
be-groeRds for tft~ee's imma8i~siBn-HB1n-aeti¥e GOt)' with-w¥j3eruJj~ diseipliBllf), aGtioB.
Return te-l)uty Testing
Any employee-wll{)-has-been-s!±Sll€ndad;-d~H<lf'eFfef! to a sobstan~abilltatieJ!=lllilgram:in
a<3c-enlaJl€<>-With-this eoliey will ee re<f\Hred-t,,-soomit-te-A~€OOlehel-and-Dr~ing at too City's d%igJlatad
t€almg facility aHOO-Cit-v'-s-expenso pfi0F.+o-being-<>ligihle=tB-ratUffi-t,l-w<>Fl&-F-<lIlBwiru!-the-employee's rotHrn-te
duty. the em~halJ-l7e...sllbieG\-1{)-l"'nd<>m-Alwl1<>l-andlBF-DI'ig-&r-eenffig-fer==fH3€riod of not less thaR tweWe
(12 lmonths-an<l-n<>f.nl<>l'&thaR-twellty--fu#f{.;Hj=m<>nlhs. E~e=l<!sH1osilive fBI' the HSe-e-H+legaJ-drugS-Bf
th<l-uHaHjhBl'iged Hse of alc-<lhe4--shalJ.-.ge subjeet 10 discipliRarv aeti!ffld!p to and illelading -ter-mj·Hatien-ef
eHlpWymBBl.,..,Furtll<ly,J'ai1ure ofaR), sHeh tC5t-<lhall-be-greull~h~-s'-s-iffi·n~nsien fi'olll aeti¥<>
duty-with pa)' pendiBg-fiHaJ-disefflljnaf't' actiB&.-
Drug And-tlde<>h<>l-+estiflg=Qf~effij.Met<w-Vehk-le-Drive1'S
In additien-to the peliGi~Bfes set ferth abo~nple't'ees whe are eOmleeted with the
<moratioll of cffinm",,*,l-ln_'-¥0h~re s~bjeot-!e-dr-ug and alc-<lflol testin~~bu5
'f-rBBepel-tatien Bnmle)'ee Testing Ael ef 199·l-,-49U.S.C. § 31306, and SlH's~ant 10 all applicable preeed",es aHd
regHlati<>ns promHlgatB<l=lff.the Dea"'"nl<ln~-'!'j'allSllertaRml-aJld-th<J-Federal-Highwa,/ AdmiHistffitionra5-w,,11-as
aID'-!lfiditianal--peli§'t=i\dBpted by tho-City pHrsaant to these fedBral-laws-aHd-regBlatiens. 11'1 ease~
r:€!jail'GiHen!S of ee!h-f<ld€ffil-and-state dfHg and aleoll9J-.laws-aHdreguIatiol'ls aR<l,loc-the City's Dr-ug--aM--Alwl1<>J
Free ¥/ofkplae~e-awlic-abl<l.-th€=fe<juireHl<*ll'S-0fc.fadG""J.-~!ld-aleOOBl-la-,,·s and reg!i:latieH5-Wilt
GBHlrol if a eOHfl.i€t ""ises betWC€ll-faderal-law all~lalioos-a!ld-the-r-e{juifoments ofatate-l<i"'-<lHhe City's DfHg
and-AIoohoI Free ''!/erIcplaoe-P-eJie.yy
Rf;Fti.~cESl'
The-fellowing beha-vi_nsltMes a ref~sal te test-ender-thi&=oolt€..Y±
Failure to appear far seheduled toffi~j3f~e the req~Hl<lll-Withffi-<lB~~-f€pert
w#lutut-¥ali<l-writteB-deoomentatien-<>-f-<i-Flladieal-feasoll for-the-ffiabillfy1e-test.
Ellgaging in allY cendaot-that has tll!Hlllfflose, design, int""t or effeet of-4H!padffig=1hn-testing prec~<lh
bellavieH~-lH~-afflt7erffig::wHh-ffi:jfl:€-0f--flair-spseimcns. tamperina v,ritfr..resting de','ieos, and
faihH'e to provide adeaeate-epeeim€lHer-testillg.
All employees are cnc-euraged-tB-b€-aware of :he effeets-<lf-aHd-te-advise-tbeir-BHperviser when-takffi~iptffin
lnBffieHlien-whiea fBay affect~""""'*'
·--A",-em~sal te tes: sha~o~llds for--the-ilffinediate tenniB<.:ien--<lf~l<lIlto-An
aoolieant's refusal to teat-alJdl",r failure te--appe",' fur lesti~k-eatad-shal.J-r-esuJt-in-the immediate-w#hdmwal-€f
fi1e-conditienaJ.-eJllf)lB¥ln<3flh3f.fur.-.Furtl!er, said applicant shall be ineligible fer employment witH the City fur a
ffiiHinlHlfrj3Bfiod of Iwel-ve months-#em the-date-ef-tha withdrawal of the-oenditienai-Bffor. AR emp!evee=wh<>
1-eru£€S-te s~bmit to a dl'Og toffi-full"''';W:::ilH=Q€§jiJ3ati0HaJ--.j$ry--wh-i€lH'<l!luires-madi0al-tt'<latiHCHl-farfuits-his
eligi!l±1it-y.-fuf:al4l'f)~lpe"satiell~l4ind€l~llefits in aceordanee with-¥lBrida-law-c
'fe-cnsure a workplace f~~-illegal-drHgs and aleohol abHsB;-the followillg Poliey-has-be€ll
es:abl.ished. The Pol~lies to all 8!~S;-BupervisOFs and managers. Any-vi0lutiB1l-<>f-tbe--PBli€y-will-r-eSHlt
~e,-Hj3-tB-alld inelHdillg t."nillatien of employmeffi,
DRlHf-AICOHOI Relatad-Gr-iminal Ch .. -r-ges-Qf Arrests
B~j'effl!ifed te netil;,' the HHBlan-R.esel!l'€e=f?epartlnent-<lf-an-y-€l'inlinaJ-drug
st<it-ute-Br-alc-<lh<>l--reffirea criminal eHllfgO==ef==!!lTest ne later-than five days after s~eh $afg€:::has-beett-BJe4
~peMi0H5-wlH€lH€llujfB=.hlyillg=a-Gity vehicle or a pel'Senal-¥ehi€le-BH-Cit)'=9JJsi!less-mHst-nBti~
ll.eman ResoHree DepattmBnt of an)' aloolutl or dr~g rolared arrest (e.g., ineIudJR:g-blit-flBHimitBd-te-fll-i-ving while
1dnd€f~~-t~fk<lay,
The-Cit'>'::;Will take appropriate aetioo-witb-respeet :£Hln employee whe i~argad,
91
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
6fag-staMe-ar-aloollel-r-elatW-efimiaal eilarges no ~ater4haH five diPts=aftBHlfll'=€llaili!e--m-sta!,,~~
Blis-iHeltlE!e!HlBtifi€ation of a c-anvietion, a rl%-aHOH{¥dffi--adjBffieatiB~HtYdti7lea-af-flela-oonterul_
ad~ilela, aa aeguittal or a afsmissal-ef-the-4ar-geso
+he City will4ake atlpropFiate-djs&ipliH"'Y aetien agaiast s~p!ey"" witHia thifty-<li!¥!H!f
reeeiving aGt4€€-efti1B-eu(""",. or aHy ehaHge la{he status orsoch crilH100-drug-staffite-<lr alGoROI relatea CHarges,
Mediffil-Re¥iew Omeer's R€sp<>ItSH>iI#ies-for Testing-Yadei'-FWr~da-baw
The=Me4i€al-Review Om€el'=fMRG1=s!laM-Mly Gomply-wi4-all-flf :'he regu-ifCmellts sel fefth-m
aoplieable-MmiHistrat.fve...RBies,-The--MRG-sha+!-be-a-J.i€eHsed ohysi";a,,, oader Gont,,"et with tlle Cit',', who has
l61o,,'ledge=ftf-wl>stan~ardersdaharat~e€d~in-af Guslod~roGedures, aad
medival-Hse--efjffl'5!?fiptiB!HlfH"s-a!1~ell>g't=ffild toxicolBg¥-<JfcHJieit dl'l#5Sy
+he-MRO-shall review aoo-¥'wifl' antg tesHcsulffi priB' \e-the-transm#tal-af-the-t~f€Slll!&-€itll€r
~~~ Cily, The MRO shall """Illate th0-dl'l#H0sl-feSlllt(s), v!>l#y=t!l0-€llffin-af-allstoay ferms
aHd-e!l~h<>-donaFs-~d€ffiif'_ti""-H~-the-Ial7er_I'¥=f€llart-aoo tlle chain of eustody ferm aeGUfa!eJ.y
ident#i~diviallaL
If the--lest-fe5tItts-!'€j3aftad-aFe--H~Jall=:ootjfy-th~f-the-oogati\'e test resllit
and submiHhB-awfBpr-iate-<lOetHR€fllatian-tB'tba-ACIofA.-
If..tI~uItB-f-ewrted--at'<J-wsitive, the ~4RG-shatl-aettf¥...!hB-€i~-jah-a!m!iffint-Bf--a
eenfH'lR€a oositive-te~t-witll~)-da't5--af'-reeeipt of til€4est-l'0Sult kem lhc laboratory~ire as te
whB!herf!'e&"l'iOOve-ef-&V€l'-tIl€-ooullter medieatkms ceHld have eaHsed-lhej?esi#ve-tei;t-!'0SUII. WithiH-fi~
afte~ilt!l=writtCn-ilBtific-atjan--ef4hB=PBstti¥e--tesHe51±l~--jah-afflljjvant mG',' centes: OHll'l'lffin
the-l'<lSUlt te tlle MRO, If the ~e!rgw1jvant's-eK=plimatian-ar-<:=haHenge-is-un5atisfuet05' te the-MR-O :he
MR-O-will-f€OOft-ilj3(lsitive test resllit baclHa--!he-Gity,
Upen eentaBt~mployae or-jOO-gpelicant who-has receiv€d=iHzefii#ye test result, tile MRO
Mall preserly iden1±fy=lhe-d""Bl7-inferffi-tll€=danBf-thaHhe-MRG-is-an-agent ef tlle City whese respensibility is te
make a determillatioR=en--tBSt--f€oolffi-al~t-th~he=(;:ity, aHd-ffif<Jrfll tlle aonor-that--medic-aJ--infeflnatien
f0v<lfl!ed durin" the--MRG's-inauip,' wH~t-wnl'idcntiah-unl€;;s-the-dener-1s in a safety seasiti¥a-pesitiBfl-afl<i-the
MR-O believes that such information is related to the safe!¥=ef.the-de~ employees,
Aaaitianally, the MRO--shall eutline tlle rights anG-prayeaures fer aeCetest ef the eriginal speeimen
fer=tIt<HlBnf>f=ill¥!=pFaeess any eBljl!eyga's-er--j<Ja applieant~ fer retast of-the=ar4Snakpeyimcn witllia=BR€
hundFBd aaa eighty El8ffi=da¥s--ef.notiee ef the positive test-resutt-in=aHall-ler lieensea laberataD' seleet~e
~~lieallt. +ha emplevBe--e.=-job appJiffiHt whe ree~enal-tesH;hajJ be regllired to pay
fer4he--cest of the rGtestcineluding handling and shipping expenses, The MR-O shall c-entovHhe--al'igiaal testiB"
labBratol"t-t<!-iB:itiatc the retest.
-~eipt af infBffHatiBfl andief.-daet!'fleatatien=jiom the emphtwe-eHeb apalieant, the MRO
Bha+!-!'<l¥iew-anJ'j!lOOiGal recoras preyided; authefined--a~ individual's physieiaH, to aetermffi-a4
the posi:iv. test result was GaHsed by a legaN", arescrieed--m€dic-atie!T.-lf-the donor=<iaas-nGt-bffiitJ?feserieed
modieatie" the MRO shaJ+..ilffiu4l'<J aIJout .ver-tlle--e€Hntor--me<livatiBfls-whiclrcaula !lave caused the oasiti"e test
fes<Htc-+h&-doBBf--shall---!Ja-.f€§J?0nsilJle--fe!'=!3!'<Wi!!ifl g all Hec eGSapt=<iec--am€i'ltation:tt"" a a a cter' s rep art, si gne a
~tiBtlrl3tc,) within tllc-fi-I'e (5) aav perioe aflef-flatifieatian oflBe positive test result,.
If tlle MR-O,detenHiHes iliat ther%-.iiHH%dtimat€=lll€d~anation fer th!H!ositive test re~
tba-MRG.slJa!4eaert a Hegative-test result to the City, ~~ that-the-le£a1--ase oftlle drn"
wookl--endangep--l'he--illdividual or atHBfS then th0-MRO-sha1~4-tl1i1Hh-e test is negative due te a validata<l
l7I'<JsGriptioH aRd shaJlI1ffijjesHhat-the~HdWid~ed in a pasiti"" whieh wBUld-aat-thf€eten the saf"t\, of the
·individual-er atilers,
If.-tll€-MRG-has=j'ffi'=f!Uestion as to the ace,wac" ar validilY ef a test resuk--a!' has a c-en€€fH
!'!tg!lf<iing the scieRtifk-reliaQilily=<?f-the-saffill1e, tlle-MRO-fu!ly=fe§lIest the iHdividHal to proyiEle-anGth8H~
a sareguaF<j...!'O=emplQY<Jf!Hlllil-jOO-applicants, onee aa MRO verifies a pasi:tv~e-MR-O-tnay ehango-file
'f0rifiC-ation of ~he result if-the denar pre!3€Hts--infermetiaa whish aoeuments-that-f,=s0rious illnessdnjl!f¥;-e!'-athef
eir.eum£tanees-t'hat uaavoidubly preventea the dmlBf-ffefR-{:-Betaetifl" the MRO-witllifl-th&§j3eeifiea time kame and-#
the-danar=jlresentiHnfBrtnation .""cernme a l<lgitimate=elcplooatian fer ilie pasitive-test result
Iftlle MRO is unable-to-aontact a pasffi¥el~r-vAthifl three (3) days efr~he-!Bst
result£=4'Fenl the labar-at9fY~-MRO shall eentaet :'he City and request that tlle City-direet tlle donor to eentaBt-the
92
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
MRG-a5-soon-a&~~_t-OOeIH91*""t€iH>y-the-<lnnBf-Will*,HW&-(?l}day~l3Hfle=regHes!-&f
the Cily: tfle-MAA-sflalt-vefif~e!'hl5j'~
If-1h<Klooef-f8fu,",<H-e-tal~-RG--r-el!"f(ling a poott1,:e test resHit: ·fIle--MAA--shaH--valiaate
th0=f!)sHII as a posili-Y<H!H<i-aHootate soch refosal in-ilie-f€marks SeC-li91h-lf-tfl<Klooer--¥effiHtariiy admits te--!h€-BS€-<>f
the drug in @oestioH without a Droper prescriptiem-tl",-MRG-sflal~911ur-tflat-a-¥arified positWB-test-f€~t
will-be seRt t<Hha City:
The MRO shall n<?tiPt-tfle==Gity-ffi-writiftg=-ef--fhe.-verified tesl fesoll; nezalivCHlf==]3E>&itive-c-er
GhalleHge-ef Positive-Dr=!!l8'est-Resffi!s
An ~"<I---ef--a job apWffiffi-Whe--fweives a p&Siti-V<l--c-oofifmed-resl fesult may submit
ffifel:mation t&-the--MR-G-ooate&tinJ?;=!!f=e!(t>!ainillg-tfl€-cfesnlts--ifH'l'fit-mf!-withifl--fi'<e-(±}werl®g-d!!:\'!H>f-1'eeeipt-&f
oot-ifi€atien-af:!tposilive eonfirmed4esH~
-If-iliejlltlllallatioo-er challenge of the e-mplewe-eH<>b-awJj€alrt-H;-lll1satiM-aeterTt& the MRO the
MRO sha~t~!-baek-tB-1he-Cifr.
With-iR---HV!3=@=working days after f€€0iving-ootice of a ~fflle<l--test~t-ffi>nl--tI'I€
MR-O the Cit'! shall--ffifeHHc-th<>-e~=appljfalli-in-writilliH>[~sitive tOSf-result the--€OOS€€Jl!eneee-<>f
ffil~+t&-and-tfle-ei"tieBtr-availabls-ts-tfle-e~ic-ant,--\Jlle!l=feE!!!€5k-tl'l€-Gitv shall previae a GOO
e-f-ili~He-the employ,*",: job appI"""*-
--Witflill-fiye-fS}-w<>rking days after ,eBeiving Hotice of a po&it+V'H;enf-±rmed-tesH~T<llH--1he
City: the empleyee-er-jeb-ae!>liffilli-alaY=sOOmit-iHf0AllatiOO-te-the-C-it),=!*plaining Of Gontosting--iliHeSl-festllt,-and
!¥plaiillM why tfle-i'esak-4ees not ceHstitote a violation &[the City's Bolley,
l-f-t!le-exll!an&tioo--er-e!lallenge-Bf'-lbe-emulovee or je!:tawli~lHeatisfaGtofY :0 the City, the
City-sflaltm'Wide-a-wl'itteH--€*planatien-wiljffil-fifieefr{ 15) days oHaeeipt as to-wlly-the-€nml<lJ'€€-"!jeb-awlieant's
~t~satisfacte'v;=jl-IeHj5=:with a COPy----ef'--th"::fJiOOft of POSitive--c-eIJfifmed test results. Al~--5'U€fl
~!tlatien-wi~-e",Hdefl~JlblSj3r-evided iH Sec-tien-9,..abo'ie, and will ee retained by--the-CitJ'iW
at-l0ast-e~
AIl-Offijlleve<c-may-furtheH-l!alIenge the resul(%-<lf-tl'l€-lest-iH-a-c-ffil~"Iltj;lfied.jetien-efdf
!b<HlRl __ was administere<l--due--te-a~ injun', by filing a claim fur-henefits-with--<t---AId;se-ef
Goolf)e!!Slltien--Ciailll§d>!lrsuant ~tef 140, Florid~
If an-emjllevee=eHeb applicant contests the 'lis, he Of 51 :n be solel),;'€5Jl'lHsible
fer-aet-if¥ing the laberatory ana the Cipt-jfH'l'fiting by certjfied--mail-a~-!lJl¥={)f-the-wdtten-;~
,,"rtified mail. to the City. The--netic--e--must-iHelud<Hefefel,ce to the cflain-ef~ill'I€n identifieatien
number.
-·-----Atl:-=9lHJ3lByee-ef--a=j<lb=aooliffilli'-\yh&-r-eeeives a positi4'e: confirmea test result-maY;;-=at=the
enmleyce'5 or j olHtpplleant's--<C"WR5e, obta1n-a-ret€St-afa=peftien-0f-the-origjnal speGim~ensed--and
~-labera~-1e4-hy the em$yee or jeb applicant within ene hundre4-elghty El gO) days of-tfie-HBtffie-ef
!be-pesitive test r~
An c!1'\llh>yoe=eHeh=applieant-he<Hfle-respenslWlitv-af netifying the-drug-testing labofatOD' ef any
admifIiBtrative--ef--(;ivi+-aetien--hreugilt=!>t-wsBafll-le-C-MJller 440 Florida Statllt~e--tesf--IaboratefY~
speci~--€-8nfirm{)d pesitive results-fBf-at-least--two l,undred-tert-{-2-l9l-days-aftel'-the-foffiltt-wafl--HlaiIed--te--the
MRO.--lf timely notified of SUCH<ffi01"fIle---1esti:lffl==lebBfateIy-will-maffitai-n the sample until tl1e--€8se--er
adnHffistrat+v&eppeal-i£--50Itle<h
Rig!$-uOOer-Ce!lectj""-Bfir-gainillg-Agreements
€JwleyeeB-W·~~€=l?afgatniHg:il"',€€B'lent eetwee&-1lJe-Gity and an)'=€€ftif!€d-labBr
_~n may have the fight to -fils-a-gIjevanee-reganllRg-discialine ilTlJl9sed by the=Gi!y--a~-viBkttieH
ef-this--pe!i€y if said grieveRce is permitted to be filed pufSlffiHt-te-ilie-£ollective ba~ent SUefl
wJle<;t-i-ve-hal'gaifl-iflg=!lg,eement&-~et-feflIt-furthef-ftltes-aHdlef-f€sa:jeti0ns r~e testing.
A. DEFINmGNS
93
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
------hl.0---A1£~-m_lG ethyl alwllel-(eth<>l'le!)-inBlWffig-a-<iistille4-opirit, win€,a-madt~
""<Hffi~,~~-this-peliey;-aleohol is ~e-a-4~"""'ff)'-r-eferen_dl'tlgS
anElior drBg testing ill eJ~hel-arulk>Hllwhet-testiRg-o
2.0 Q.rug§.: means-<ileehel-Bls-deBl1ed-above); "" amphetamine; a Garmabinei4,-Geffiin0;
rheH6yBlidifle-tPCP); a hallueill~oolene;-afl-0j3+a!~-hafhlrufa!~~""pil'le; a s),ntheti<Htarcot,e;
a-designeHH'Hgt-Or-<>-metabolite of",,), of the ~d-iB-llHB-ra~1ld-emj3lB~
~l~ all slich drugs.
3.0 Drug loffiabHi-taIiBfH3fegfaffii-l1l<laHS--a-Sewffie.-pfe¥i<IeF established PHFSu""t te Fleri4l
~Jtfide1lIii>l,-{tm~~dOO1#ic-atioo,ass~esolution oHlmpk>yBe-<i~
----~.9il\: 11l<la~h<J has apj3lie4-fur a posilioo-with the City~
applicant f~-ve"-~paeial risk" pG5i{4erl-WilHe--effered-etnplDymenHl<JHdi!iooed-upoo
suceessfully passillg-&i3f·e-ell,p!eyment drug test. UllileF-sem~es, sHch .job appli6ant mal' begin-WDFk
~~fUg-test.
-------.. 5.0 li\J"pl~1l-indh'idu&l-whe-weFi<S-feH~-futJ-tin.1e Or part time-OOsis
afl.4reGeiv$-Saiaf]T\vage~Bfl-GFaBBrr.
e.O pr~gJJ:st:
--------<eO,.+I--"!f'D}rurHg-te&t-"-means-<l.lly-&11emieal;-hielBgiffil.-eF-tlhysi€&l-i1lSlrumen!al-allalysis-administered
lly-a_l1lbefa!er-y-eertifi€d-hy-th<HJR.it-ed-~f'.,.t,OORt-ef--Hffi#ll-alla-+fui1l1l1l--Sewi€€&-f!~~"
Agellc), fOf---l4ealth--G<W0-Mministfatten-{-AJK:A) for thB--j}Ufjlose of detersnifling--the-pre5enee-<lf-a-.<lmg-aF-h~
lH<Jtab~ffig·al€eheh
------4eti.2!----£D""'ru·g-tes!illg-ma~~-ell€€!ioo-efhl€0d,.-tJrine,-bfeatk;-saltva,ef-llair (if appl'6¥€d
h .-b applicaflt. The City has tl10-'right to use 11'1~fa!~ntffi<:-ally-aceapted
metheds-whi0h-ll'!a)'--be-appl'6¥€d--iR-the--futHfe--by-th&-1JHited SM"s food and-ffrug-A4mini£-\raBen-B'..J;)A1-er--too
AHC ... as such lechnoleg~ilable in a~~fHh
------..,6r.'.3l----"lj'ln·il·ialc-Drug--l'esf!'--m~"·~ble procedure to ideBtify negaHv<l
and presumptive pO~mefls) "dsiflg an--ifB:RH:HKlassayr proceEkire-er-aR.-..etfl:livalsflt, D{! ..... a-mer-e--a€eH-ffite
ssi€nhr'J€&lly-a€€ej3led-met~-bJ'-the-lcJ'Bited States r..J;)A-eF-the-... HCA, a5-5B<lh-l'f1et~<Heelm<Jlegy
beeomes-availahle-in a cost effe~
------<64--"COl1HnUa"i<JR-t~-enfrme<l-t~-'-'€enfifl~ld-analyti<:-al
~-ll5€d-t<l--id-eHtHY--the-presBn€<l-Of.a-5j'lOCific dmg of-fHGtabelit0-in-a-apeeiJOOll, which test must'-l3e-dlfferen!
in-5eientiB<l-principle--!i'9ffi-tllat of the initial t~dllf-e-and-m"st-b<H;apabl" of ~~-ity,
~uanlitati"e accuraey. All tests-te-oonfifHl.-an-initial positi"e result-f<JHJrugs-<>ther Ihan akohel-sootl
H5e-a-gas-alJrematograpl~--6'! fosi!i". results-fetc..akehel
stress use a-gas-0hfornatography-a1€th<J4
-•. 5 ~g--~h<J<lek>gr-SpeeiHlens-fuF-dfug--tasting will be-.oollected, handkd,
maintained al1d~l'<la~da-cDrug-Fre€--Wefkplaee-J2r-egran~offie will be used fur the
initial alld-confinRaOO11-leSts for all drugs e"cept-aloohn-h-Bto~<Jf--th€-inilial and confim~
f~
7.0 M€diGal-R<wffiw-Gffj€~F-(MRGj-meaf1s-a-liBerJS<ld-phyei€iaH;
~nwa€letl-with the City, who has kBowledge of substaHce abBse--diS<J~tiflg
j3feeeduHlG-and-4ain-<Jf~oo~B""S; who v~fjHne4-test~cest!1ts; and "ho has th<l
nooessal~ning-t0-iHtefjll'et and e"aluate-afHlrn~v€-tsSt--resulHn-r-ela!i<Jn-t<J-th~
medi~ry_y-<J#lBH"I~l-fHffirmatioo-c
-------l'8~.0}--_lp4r"§!;-ffi1!j.Q.~ .or pig" P,~oo-M"tlicati<Jll: n,eans a drug-al'-ln€dicatioB ohtalood
p"r~'iptioll as d0fifled-by~1-&93.02, Florida-StaMes;-or-a-medic-alioo-that-ffi-aBth<l~uant
~-{)r-stal€--Iaw-f<Jr--g<met'i>l-distributioo alld use without a presGrij3lioo--in-the-treatrnel1t-el'-ffiHnan-<li·seases,
ailments) or injBf-i.e.s.:.
9.0 F,eaSQnal?Jf $u§picioB Dmg ~-ing--based on a belief that-an
etnpl<JyBO-is--using--er~ll--vffilntieH-<Jf.thj~y--dfawn-fr-em--5J*'€i fie objective and al'lictllab1€-fu€ts
~nfur.nces drawn-'lfem--t-he&e-fac-ts is light of '''parienee. Among--nther--thtngs,BB0h faets and
~'P'""
(a) Obs~_na--whtle-at-work, S8G", aS~~l!se-<Jf-<Jfc-t~~
OHnanifestatiens of being undeF-thc-inf1uenc-{) of a drug;
Eb) Al>oolcmal-0endu0H>f "HaaG beha¥ief.whifo.af-w<Jrk or a significant-detel'i-er-ation-ef.we~
~g use, pro'lide4--by-a--;celiable and GredibJe~wlHeh-has-b~1ltly
€et'fOherated;
94
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
(El) EvideRe. ,ttat an individBal-ltas-tatnpered witb a drug lest dufiRg-his or her etnpJoYR,ent witJHhe-Gity;
(e) lnfor;natien that aH etnj>lB)'ee-ha , . , '!1¥B±vOO-1f!-aH-ll€Gident-Whlle-al-W<ll4c-j-OF
(I) E,'ic!enee-~~4n-~~",nsfefFe'kjfHgs-wh+le--wBfkffig-ef-wlHle
on the Cit~ses or while opeFat~oohi!1efjTBl' equipment of the City.
10.0 RapQQtn_J2mK_.Ig:§!llig: a drug test ehos.n-te-Be-«H~sed on a c--emputer
~m-ill1n1plirlg--e-f-etnjyees wi:hin eooh group subjecI to random drug 'esting. ,.W~yee&-Withlll--a
~j€ct to random drug testing shall have an eqwl-€hanee of being-seleet-ed saob lime~ons are mad,,"
¥edo",llaw or tile eolle€ti-v<>-Bargain-ing--egreement mal' set---fof!lH-\friher restrictions or rules--0B random drug testiRg"
-1-1-,G SaM't-SeRsifi~n~~fl€luding a sllpoFvisor), or managerial pesifioo,-iB----whf€h--a
dt'tlg impairment---eenslimt~--iFRm-ediat<Hlnd---ffi!'eet threat to public health or safety. This ineludes,-lmt---is----net
l-imi~ions s\leh as those that-F6€J:llire-the employee-\{) earry a-firearm, pBrform lif<Hhre&:ening preeedtlres,
wer-k---with--<l<mfidefllicl--inferrnafiet1---er do e\lmeH1s--j3ertain-iHg-4e---<:-r-imit1l1HnNestigations, of---werk-with-eontrolle4
substaHees; a pesilieB---snbject to Seotion 110.1127, FloFida---St-alt!teSj--o~itien-ffi-whtc-h-a-m_fafy--!ap50---in
attoef!li0B--emtl4-~-e-anetber-p_
---------Jli.;;2Y.0f--------cS~;l~_eeial ~i;;k..r._jl--'.illon~s a position-titat-ie-requkad--!e-Be-filied by a person wll<l-is
eortified ul:de-Hl€etions 633 or 943, Florida StatBI"s, as ameadofh
13 . () SpO€tmen;-.meaH;H~,air, or prodoc-+--ef-lhe---h~dy---eapable---ef--re-v,,"li11g-the
presenoo--ef-<lfl;gs--er-their-met-aOOlites--a&-approl'ed the FDf. or the AHCA.
B4J2-bG-Y--E-eS--A-R&---M~+W!-E-9----+H-A+ IT IS A CONDlTIOl>! GF-EM!>bG¥-MflN'f-FGR----BA<=:-H
B4J2-bG-Y-EE TO RC"-FRAIN-F~-G-:wGRK-GR---WGRK[NG Wl-'R~-c....QF
DRYG-S---GR--AbC---Gl-l-Ob-clN-Hl-S--GR---HER-BGD¥. IF AN EMI4G¥-EE--+B1'>TS---C---GNFlRMED---I'G&UI-V-E-GR
~-G~-----F-OR----DR-GS~11E---EMl?-bG-Y-Ee+~
DtSGWL---!NAR¥--AGTIGN,--INGI-,UDlNG-'D!SGH-ARCJ::"-;---AND-MA¥-----J'lGRr"-EH~FOR---MEDIC--A-6
~ENEFITS.
---+Itt-'i>ss--nnet-!he Cily's mtent-t<>--intrOOe-into :he private lives of-il<;--empleyee&---l-'!Hwever, the effset of drug--an<l
aIeebel-use, abase-aB.dlor EiepaadeBGy---en--i*1fety,--werk quality, iBGrea50d---medieal enpenses an<l---feot---pf<ldiNti-vity
reql±ires that this Polie), Be in1plelHented. Any employee-who violates say 0 ..
diseiplinar), ",,:ion ap-to aBO !"eluding :e!'llHHatiofl of-employment. The f<Jl-lewiag-ffiles appl)' onder the City's
J2eliey,
------lI.,Q.j2J~yll'J.§lLQ<mjJ.i;i9ns
l.l The foliowing~j>lB)"!~oos-are established to detoermine tbe saital1i1i-ty-----ef
emplo) oes :8 work for tbe City.
--------iJ.,;.26---~All___jB9--appJieants-Jfl .. st-ffilbmiHe--u--dFHg__a)J<lIer--aI<l-Ohe-I-test prior to starting employment
in tbat position. Any job offer which a job applieant ma), reeeive fton, tHo-Gity--fuF--suoeh---a--J'<lS#ien---i5--€<l!1lingent
upon d,e appJieant's sUGeessfully-completing the drug andlor aleehel-teBt-, -.
----------·---+-3 Any job applieant who-fefuse5-te-s\lhm-it-te--drng--an<l---aleeI1Sl-testil1g__as-part---el'-tlJe-p
emplo),ment-testing pro€€BS---Will---lle refused emplB)'ffi0Bt~eh-jeb---eppli€a!1t-who-loests-pesitivoe--fur--dt't!gF---Sf
a1€<lool--en a eonfirm&tien--test---will--W-refused--emp·leyment-at-that time.·--C--eafffientiality-will-he-ma-h>laffiad-pursuant
te-thffi---P-eJi<;y,
----·------------l-A---------Tbe Cit)' -will Bot diserimmate against----an---epplieant----fef---empleyt~c--ause----e4'--tl'"
applieant's past addietioo-te-<lrngs-er aleehol,-lln-i€5S-s-aeh-€SBsidtlfa!ioens--are-jBb--relatad--e1<l-€<ll1Sistent witH BHs-ii1S'"
nee.ssit)'. !t is th. ourrent uso/aeese--ef-drn-gs--el'--aleehe!-tbat---will--eet·he-tnlerate4
2.0 Coooitions of.Gentinuing EmplB'tlllSft!
------..;h2.-1 It is---a-c--en<litieH of eentinBiRg---empIB)"!~'Hpkly""-t<l--fGeei¥e--a--€Spy----the
~--ebel-W-0l'-k-pla€e--P-eliey aBd W-erk--Rllles-;--a4-te-ebide by Ule-FeliB)'rl--!JHHles e8Btained in :he
!>Olie)' are t8 ee eonsidered-een<litioos---ef-€elttinBing employment sad are t-e--be eonsistently followed. An)' vi-eJ&tioo
efn,ose eonditien&-efc--entiRtling emj>lB)'H10Bt will reselt in diseiplinary--a-etieH,up--te--anEl-itlding termineti-eB-.
3.0 P-H)hiB-itiOlLofPessessiQl1, ete.
-------"3h-.11----'Tt'Hlt<oHlunlawful maBufoeture, distribution, dispensatien, possess-ioo, sale or .. se of aB)' drug
<ll'-Ufl preseribGd, c-entrelle~s-ru1<lIeF the enaut~ssessiee--<ll'-Bsage of akobol by 0tl1pleyees--wlHle
werk-ing--eF-Wl1S1H))t-a!ij-City pr8per!)', ineluc!injHlarking let~"
4.0 Prohibition-of Drug U~
95
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
------+.!--All~i)-al"i'f'*1ibit~m-bemg at wOfk ar Be CitY-l'fel'efly,iHe-l"eiR~flg
IB!s,witk-the-jlf0S<lll€e ef an)' drug-<>F-its-ffietabelite, as SBHOftirhBreill, ill tho empl"'Yoo's bedl'. Alty~B
l~n"e~¥<l-t'*'~ts-t""taOOJite-a;.{ll~evels defin€<l~1CreiH will be pr-e5B~ll<l€!'-Ihe
iRflueHee of ,he dreg-aHd in Yielatie_f-City-P~
-~ire_nt Ie ReooFt-l\4edieaOOH~
-------c5,., . .f-l--THlhe--City dees Het prelli~f a drug (pres<;ribed medieat~tr--a
_1y-aoo~~
(a) The arc;g is presc.fib~moofffi€<l--f<ilf--afl-€mI1ffiyee-by--a-me<li€al aeeter; al><l-safe
perfBRH~Rpk1y~
----------(b) The drug-i<HlS€d at the dB~lled."r-'>Btherized,
--------......§5.;.2l----&Employees are enoour-agsd-t",-Hetify-4eir-immedi~p"rthlg-fel'-W<>l'k
er-OOring-the-€e-urso ef a wm*-4ift if the use ef all)'fFeS6fijlti""",,r--fleHfr",S€f~en may advorse.Jy
afle~tis-eJ· her ability-te-satismeterl' all4-saf~nn his nemlal jBB-EiBties (e.g., iHe-lOOing-bat-ru>HimitBEl-te
di~fefm for repertiHg-the "se ef preseripli0H er '_-preseriptian-1Ho<lieatioo-is-attaBh€<l,...-A-Eklitiooal
ffirlas-are-il¥ai·lable frem tHe PefS{)l1f1el D6j'Jartment. Empla)'ees iR~f1sitive er special--risJ<.-jlesitiBHs-ar-B
F€tJ:ll#€<l-{~-tHeir-~tll-s-uc-IHf1formatien.
-----6,G...E~eJ2n!g-atl<l-Aleehel Testing
-----------<6,1 MI-BmplB)'''''S-W{~ te sHbmit-te-er-Bg--atl44lralBobel testing el'Bn-reaseeable
Sl>6j'Jieien-a&-defiood in this pal~tine-fur!ess-feHltll)' (physieal)-BlffiIHinatian; aftOf release fram a dreg
er aleaHel-rohal7ilit~agram; aHe--after--afl-i\~~h--reqHit~~'laia
6l~tlly-be--s$jeeHe-r-aa~rg-ana aleehoHestiflg pHrsuant-lo feaeral law-er eelleetiw-bargain'llg
a~
-------ie;.:.2&..---An-empleyee WHO tests-jlesiti'V<l-<ln-a-Ben{-lffilatien test will be-ffiJ,ject ~e diseif'J.ine,-tlfHB
afHj-fH~miHatjert:
------60 .:J-...-....Rofusal-ef a Treatmellt-P-regFafl'!: If the empl"'Yeo-is-Bffered-an-eppel,,*1ity~
treatmeR! program m><l~~ple)'ee will ee-imroo<liRWy-ter""iRate4
-----~6A-Treatment Prowar\! R.'lJll:ljI§.1]l...\l.n~I"'Y""s whe Ha,,&-been previaed with an
9flj3ertuf1i<y-!e-enter a ,reatment-anEller reRabilitatien-pr-egr-am-,nusl-meet all r.qUt",rHents of tlwtfr-egr-alH-ine-lB<liflg
any-fCEjUtred-afieH:are. Failtll'<He follew er eemple!. the-treatment-anEller'-febabtiitatian progralB er a sHBsequent
pB,*ti-ve-eenfiR~'Ug-_-wiJl..r-eSBlHn-iffi1f100iate-term+natinlh
----0.5 CenfuJentiality-will-lle-maintaiHe<l-at-all-tim~~nt f1eeessa!'JL.{~e!Hply
with thes. peliei.s and te the e"teHt permitted By-la~
--~~_ebp!Jl'elat9d Crimi!!.a! Chareen-er-Arr§§!§
7. J Empla)'ees are rO<J:Hir'O<l-1B netify tb.€-HumaH R-BseHF<3€ Depar-:laent-ef..any-€fimifJal...fficag
statute aF-lllc-Bhel--r-Blatee--€filHinal eHargo .... er arrest ne--later than fivCHla)'s after SHea Gilaege has been--fite4
~pesitieJ'Js whi£~ri-ving a City ""hide er a per-senal vehiele-<lB-City ... b1;sin€&H.lit!st-netflY-tlle
HHman-Resollree Department of-afl:)'-aleehel or drug related an'€St-(e.g., ineltlding-but-rffit-lirn#€G-{B-Dr-i-viag-whil<il
Under ~he IJ'JfIu~xt-'\, erkday.
-------'J7.2 THe City-will 'al,. "flprGjll'iate-i\etinH-witlHespeet ta al1-€mpleye<l-·w~-gOO;
whieR aden may in el eOO-tr-ansfef..te..anetfesitiRa-anEiJeHlis<:-iPlin&.
---·---...:7/-,J ...... --lEJapl"'Y"es are r.~atjf)' the Human Reseurc-e-Department of tHe eutseme-B.f..all
eriminal-<ll'Hg-sta\-Hte-Br-aieeheH,,",ree-c-rinlinal eHarges ,,<Hater thai, .fi-ve-<lays after any-<:-hange-iH-Slatu-s-eHffi€h
eharg.s. THis in£1.udes-net"'teatien ef a eenvietian,a plea ef guilty, an adjuaieation of guilty, a plea-Bf-ndB-
€OOt<lHdere,-an-adjudie-atiBn-withlJ£1.<l;-an-aequiltal ar a dislHissal efthe ehar-go&c
7.1 The Cit)' '",;+1 laIJe appropriate diseiplinary ... -aetiBH .... agniasHllJeh employe.....within-thirty
<lays ef reeeWiag-1l€tiee ef the-Buteeme or any-<:-hmlge-iH-the--<;fat-H<ref'-ffiie-lrefim';nal drug statHre ... ",,-akel1<1l-r<4ltOO
€flaFg8&:
-~g",. GI-,Reh-abiJitatia_li Pr~.lli]!.ll
8. [ An omplayee whe is e)[jlal-ieneing preBlems as--a-f€sult-ef--<lr-Hg-an4.4w-aleelJel.-elmso
,I",uld eont-a€t~rt~~yee Assislanee Pr<>gr-alH...fef...treatrt
nn44lr-Geunseling. Thi<r<liswssien--wi1~ential. Sueb "'aple-Y""-1¥~ting to verify
reeeVel),fj'om SHBSt~· . ere ta take-er-~flEIIer'-al<3€hd
test will rewk-if1-1:eflHiaat~-empleYf!!ent. "'lbere an empl-Byee veluntari!y-enters a treatn_!-jl~
diseipliRacy aetien is initiated, the City, in its sele disereti{ln, ma), eleet ta '.vaive follow up-<lrug-t~f follew
up drug teetil~~-endHeted at leasl enee a year-for a twe year por~e<l-after eampletian ef the
jlfegram. Advanee n~ a follow "l'-testing date te th~e-tesree is strietly pr"hibito4
96
itl l~, ' I I 'I I 11 I ii 1 §it f ~ [II I.f I :l1 I "l!~ $ I ! %"" ~ 1.1 ' ffi ~"
" ' i 'S'-;;t, '" I ; ~ r .: I !l! f I I 1ft ~ ~' 1""' 9' 1~' II J, ~ p, l;t: tL I 11,lil )1 t I Ii !,,~ IUli t
c:
-i
:t
;;:
I~ -If I!~i~ II t • ftl j-tl 1
ff -il,·. Ilii l'!flil.:i*ltt~ijt.i I ~ ~ "t !: §i ~ ~, f ~" 'i t t ¥, t $' ' I, r ~ i % 1 * f. $ i . ~ ~ nt' t U ~ Jfp til·. H t.i lr}'h, ~
"1 ~. h· h thid' if W k Ht. l' i II~ . . " ,1111.1 If _fit til !lll_ Itt ~
z
'3' J. ar ~. ' ~ ~ ,± ~ 4! ~ 'i t r ' ! ,it g;." _ ,-f.f r fill ±:J:t I ldi i!¥ ~,!., "1-tt"1--(fI
. [g, +. " -~ ~ ;I;. 3l if J; * m t . ~. :!!,'-
tH i i luI H U If f In dhl HI
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
------+h;&--~i,e·FS-aI'€-f€Sjl0'~aifl!~~w0fk-etl¥ifeaffi€l'lt-~'g
€i\~ey€B's-4ltn"ss-f~~
-------l1-l1~.3>___lI"H_Ith€_€~_i\_S~-llas-e-reaseaahle_ffiffij3i€iea (as defines in this poliey)-ihaHlH
~~'"g~eh~-has--eth~~y,the-ff€paflffi8llt-9ir€eter will be
aOOms aHa the empleye<H,,~g ~€sling. A funa for reporting :he reasoa(s) fer areg testiBg-is-attil€had
AAd-slloela be eompletea as seon aG-j'>ffl€tieabJe..feHewing the i~'V{llions gi¥ing-rffie-t<> sBeh reasonable
sBspieion.-Whare-i""'S0l~base4-BJl"l'HlbseF¥e<l-lfl-egc;laf-beha¥ieF;-t·wB-5Bjl€l'Vi,offi-\.vilk-Bllfil'!ll-th€
~H~
-------'IHlc".44--Iln all eases WheB-atl~Byee is bei~m-daty fur areg tes:offig;-tIte
SBj3<3rYiser ShBaki-flBlify his sUjlel'ief-at..the-€ilfH€Stf~';ln&
-.. --hhO !}.ffill~.t$:"B.,,-sp..Qll0.hllili~
---------12.1 II is e-aeh-<>mpI~~ibtl#y_{B-be-#t-for--<My-wll€ll-Fep0Ftillg fur '.veri, ana to
infufln-hcis-Bf-h"''-S*J*lf~'-5he-is-H!lEier-th~Wi€a!ietr,-whe~ptlOll--Bl'-flBIl
p,,,serij>ti_4ieation, whieh may afreet j ell peffermaoc-o-Bf-Safetyo
-----,,----h\,1--In4e-e¥0Il~\H)bsef¥es-l>eha¥i<>r-whi~tity ofa eo
WB!'kef-le-wBrlH1Hl-safe-aB4-reliable maffH<ll';-lhe-empleye<HJJalI""jl~r-tf>-hislher-~
·~----J"'2",.3j--Bmpleye€s-whB-.v<>lBlllaRJy-~-oon4t-iBll of eoRtinH~ter-a-4ffig-ef
ak-<>hol treat_nf-andl-ef---fahabilitatieac-j3i'<>gf8ffi--lnust--paI4iGipa!e--aE~let<H'€%mmenOO4-t_ell.t,-Any
empleyee-whe enlers a -<ffirg-er-aleehel-tr-eat-menHladl<>l'-fohahiJitatk>B program wil~ellsibla-fer-pa)'lll-Ol'lt-fef
the-tfeatlBell.Hladior program-tB~-eat not eovered--eY->B()4ieal-illsuraReo-proviaed by4e City. If the employee
faHs-tB-C-<>mp1y-wlllT-llre-tl'eatm-eat--eadiGf4e-progF-am,the--empl<>yee-will-OO--sBlljeet-te-4is&iplIne,Ujl-te-and-inBlB4iRg
termination.
13.0 Empieyee-ll<lueatiea
13.1 -Employees a~~ea to p~--irr-a--<lrug free awaf-eBeSS
j>l"'Y"fll-{}!'l-aH-allffilal-l>asis. The-progFam wflt-inlilfla--et'llpl~-aboot-the-foll"willg+
Eo) The-l~jal, physieaJ-and-enl<>t4eRal--eea.€tje-eases-<>f-#le-use, lHisuse-aR~leclloI or alUg&i
(b) The Git'Y;;-e<>mfllitR_,te-maiR~ffig ft'ee wBrl<pla-,
(e) Available-<i¥Hg-€f>uasel-ing,reh.abilit<ltiBn,aa4-empleyee-assistanc0-jlrograms;
Ed) Assistance in iaentffj'ing perseool-aR4-€aTOtieaal-j*'<'>blems whieh may res"Jt-jR-IBe-"listlse-ef~
dFBgs; an4
(e) The penalt-ies-whic-l1-may be imposea by the-C#y-<;rI-employees-f-er-<l¥Hg-abBse-¥iBlat-i<ms-eBeurring is the
WBrI'l'lace.
---,'Effijl1"Y<>es-who fail te attena must l1otHY--llis-lb€l~supewioor-ill--ef<lef to attend a mak8-Ujl-4I~
av.,lffi~rogram.
14.0 Bights ullger,.G.gIlectiv,e ~llgb_gLQ?1llea!§: Employees 'W!l();l ___ sd-_:ler-any-<;eJ.1ee!Wo
baFgaiffing agreomeat bet_ea the Ci:y ana aHY Gertif!<>d-labeF-€l~-ioo-may bwe tlte-!oiglll-tB-file a grieva"ee
regar4iBg-4i,<;eipline-tmpesea by th~ Cil), as a resull of a violati~f saia grievaHee is permitte4-tB-be
filed parsuant te the GOlleelive-bafgai"ing-agre()ffi~e bargaiaiag agreements may set forth rnrtMr
RHeS and,Ler restrletioFls regarding employee--test~·
REE-WORKPLAGE-l'OLICY
1.0 Types of Testing: lIHlf<ler to mai"lain a drug and-aleehel~d-ill
aeaor-aan<.'e-With Flef;sa's Drug Fr'ee Worlcplaoo-PregffillJ, Seotien 440.1 0 l,€He<j;-Flori<la-Statlltes,as-aRl~
applieable Administrative R«Ies, the City wilJ-.test for the pr~;-"gs--an-dIer-"'loohtlHa-tlle-fBllewi1lg
~""*
,------·-----,---1.1 PEe Errw.lBYffie\lt: All job applicaffiS who have-beelt--Bffersd---a-p<>sitioR of emple)'lR-eRt
must submit-te-a-4rHg-all<lfef-£l%l>el-tost-eefore-begiRRing-empleym<>_'-W<lI'lHBr-IBe City. In tne eveRt thaHlR
employee is-pe!'Hlitted-te-loegill workiag-ptiGf-t~l'ug-<>r aleoaol-testffig suea omploy;nent-
sha!I-ba-oonlil1f5Cl~g-<>f-a1w~
--,----,,-,--------1.2 Raadom: Eligible employees will be ehosen basea OR--a-<l()ffipater~er.,.t-eEl-raadem
satapliag-ef-€lnpleyees withiB--ea<;h grOHp soojeet to random test-iag,-All--employees-.. within-eaeh--a~
"'lual chanee of-being seleeted-eaeh lime a selootieR is mase. Federal law or--fho.-oolleetl-ve-bargaiHing agreement
may set forth fUl'ther-l'Cstrieliolls or rales en ran~
98
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
-------ll.3---R-eawnal>~€iSj~nployees who m'<Hl&<ll,runea~rul __ Ilahle-s"spk-ie"
of dreg or--al.oohBHt50-(.as-defu~j~~ifeMe-stll>mitto-,,-.dftlg·"'l<ller-al€Bl"'H_
------lh.4-4 --f-ilness For Pffiy: All empleyces v, ho a!'&-S\!l>jool to a routine-fiffiess--f<li'-ElBty--lneE!iffil
",,,,,,niflaBenB-must take a <freg and/or aleohel test as pm4-ef.their medieal-ffiHl·mffiatioo.
1.5 Fellew~·-empleyees-wll{!-Ita¥e-en~ered an emplo)'ee ass-islance program--0f
r.al!al>ilj·tatretl-pffigrmn fol·-tir-ttg-atHlIBF--aJeohel..fl!7lffie-mBBl-tai(e dreg a!Hlfer.-al€BheHcsts·en·-a-fj_~,se!n+·al1l",,,j
er'lffiffiHtI-hasis-.f0r ('0'(0 (2) years afte_'lHe--werkc,...:r-his-r~eHt-m&~d·iB ... the·sole discretion of the
~fl--ffiSO;;.-whet'<Hlll-<lfBpleyee--veltffilafily-0nters-a--dRlg-t_flt-pregram--hef~tsGip+inary--aGtjeH-llfls--heen
taken.
--... -· ... ·----l.6 Pe&!:-Aeddent or IfljOl)': An-ell1ple)'ees-whe-at<Hn-vel'l'ed-ffi-.an-awident'-0f-inj~-an
etnpleJ'BC-WffiGfr-I"'¥ir-es-medjeal-tr-eatmet'lt-eOOlIffiflg-w·hilB-at .... wefic-v.41jffi....wa~d--l!y,eentfiOOted-te--hy-er
iB-ve+ved-atHlmple)"€6-l1lust-take--a--dffig-<H'I4leF-aIeel1Bl-!esf..after..adminiBtratioR of e":{lf-geney-mediGaJ.-tr-e_.-1f
it-eal1l1BI-004ltCfmined \Vh 0 was dfiviBg-lhe--Gity-+vehiale-at-th<>-time-.ef-tlJe..aGc-ideBt,tlWHlflY<me-WIlo was driving
the--vehiale--<lurjng-thB-applk-alll~ will be re~sting. Emr>leyees-iHvelved--ifl-an
ooc-i<ietlHlftlBt Bot eS8 alcohol for eig~eu",;--follBWiBg-aR-aeci<leHt-or until a pesl-a€~est is condtHlte<l,
whi4ever comes first.
2. 0 C0...Qs.~llJ1.§.!!.e.Q§:-_~n:(.§tl'llig2.'p..rng;I~t
-----........;2H.l ~H_€ll1p!eyee·wh&-~rut-te-a-<lrug test \'{ilJ--he...su~~d
i±1GI1;djt1g·-lel'ffiit"'tiBfr.....-AH-ampley~!lHH&-e--dfHg·4:e5t~¥i-ng-aH-0Ceupatiooal-i£:fw'y-whjalt
fCfjuifes...l!lCEii£aj._et1tc.feFfojts-h¥.; .... lj·gjhility...fer-al!~-medieal-aI>fl....illdemnity--heflefits--ffi
aeoorda!lG€-With..f~efi-da-l,,*,
-----........;2~.2~pli€aHH"he-refuses 18 sul>mit to a drBg-test·will,"&--he-hired.
J. 0 !'\:ffi?.1l.~ .. foll~y/"',&,!,'p.§jJJ.l'.~ .. gi!ll.finll9 ... 4 Test: The Gity--may-iflBti~na,y-aGtlen,Ilp-te--arul
iBaludjHg·teI~llj!latJetl, ... feHey·€tBpleyee-whe--has a p ositi'l'€;--€B!lfilmed-drng-te£to
4 . 0 Ke.l2.G!'\i:Jjgjlf.\,'9.§..2f::l\4....l'.Qii;g.tiQ~; EIHpl oyeos and j eh-epplieaflls-il18)'-a<lilcfiderttjaiiy-l'Cj30f-t-the--Ilf;e
ef--l"feseriptioo--<w .... !loo--pres<:~jeH-t<Hhe--M~g precess. ,~-f<3~eFtiBg
medleatielHlBe-itr-attaehe4
5.0 kl9tL'i'L.9LQjJ ... lflill911 ... Hggj.£-l!tJ911§: A list of the---!ll<lBt-oe!mon mooloo!jens by brOfld nall1C-Ql'
_lllGIl--Ilame,--as--applieable,....as--well-os--by--€hemical name,whieh may altor Of affoc.;-a~altaehed.
Empleyees-arul-jeh-appli<3alltS-SheukHeview-llHs-list prior te-sHlJmiltin-g-t{) a drug le,st,
6.0 Mooieatlel1--lHf<3fll.lfltiooi-A-fI-empleyee--eI'-i<llHppl~ay-eensuit-with-t.lJe..Gity!s-MRG--eHhe
!estiBg-Jaher-a1ef)'-feF-teehBi<laj-iHforma!ioo-rega~sorip~ion-an&flCn"'pfBseriptiB" medicatiofl.
---'1.0 -)2[HgsJ&.~e..TejlJ.QQ
--.... _-_.... 7.1 Dl'llg-te5!iflg may be-f€<jUH>ed-for aey or all-ef-lhe-fBlIowing drHgs:
(a) Alcohol, ineludiBg distillelkpffits,wine,ll1aJt..heverages m~<j_
(b) Amplmtamil"""
_·_ .... ·(0) Canna~
-· .. ·-·---.. ·-Bl)-----GeeaiBe;
(e) P-he~djll~
--------~(fjJ---~~4~~-,
--(LgJg)---G~
----(h~fate5j
------{(Bi)---lBe!lze~H"""
ttl SyfllhHie.,lafOOtiw{MethadoHe and.
--_Pfepe-xyp~
---------«~I«+) ---if'\,-, fIlmolab-alite of allY of tl!e-Sllbst"Hees--listOO-herei!l.
---------+(B~oo
(H»----Afly-ethet~nces as added-hy...feder-allaw or Flor-ide-&amtes-o
A I ist of dregs-by-hrarul-Ilflfl!eS-0l'-€<ll_ne&-i%-att~
:r~ff.l<wels for re[>Grting positive resulta--fef..lJeth-iHitjaJ-arul-€BBcfil~ltatle!l--dftIg-tests are set f~
---------'71.. ?:& .. ---!P;!J..r:ll~gg:3. C<\lJ.;;lc2ff.1evell) l!lilllil::l2fj;g .. 1'§.st: All leve !s-e<jOO!-te-ef.-e.JWeooillg-the--fe-llewiBg
shalj.·he-fBpefled-a~
--AAl€lcehel ....... ,)A14g/dL%"
---"---f\Af!ljmph~O-Rg/mb
· ....... · .. · ... · .... · .................. ·Cannahineids (Mafijuana) 50 ng/mb
99
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
--------'C8eGaffie-JOO.£gfmb
-----~P~{djHe 25 nglmb
~loRe 3ilG-ng/fllb
Opiates 2ilOO-Rg1mb
-----~Bal"*"'ates 3il~g,4nb
-----~B"'e'*e"z"eEfHldia~JOO.£glmb
------J'M,Q"'ettflhaoone 300 llg/fllb
------JPl"lr"'el*pe*ypllene 3ilG-RglflTb
fellowing,shall-be reported as pesiti\'~
--,--"---Aleel><7l-O,()4gfdb%"
---Am~~
----------CC~aerul*'a~b"'ill*e~idffisM(~~~g,4nb
---------*c;ee·eai~Q-flg/mb
-------~n~g,4nb
------Metj,aqualolle l~b
-----·-~(oo4lffie, morphine) c24OO-ngimb
----BarbiMates----+W-ng/mb
-------IBaHZ<*lj~~,b
-------MMathadene----1-5il-Hg,4nb
PrepoJ(),pllelle 15G-llg,4nb
............&G~m-DH!g-Eestffi"
&+---..:r~>€-Human Resouree-Depa'1ment-sha!!-be-fespoRsible fer maintaiaiRg-tiJ*la!ad",mp1-eyee
Iists ... wit~~<JC-t-t<H~-<lfRg-testing and shall-ffiffimi: lists te :he-MRO fer raaoom-gener-alien'4f
_p~nes te b&-t""tB4.-1-t-is-wi#Hft-tJ,~-ef-ll;e-Ci~-ar'4-hew-eften lists '.vill-be
su13Jm~f<lf-fOllElem-geHera!ie,t-ef.enrpk~0&
------........;8.2 The MRO shall notify Hun,aR ReseRrees with tlHl-list-eferapleyees to be t<JStad,
-------l8;",3 ....... --'lTha-Hlrmae Resouree-±lepflflllleaHl>alJ-oompl ll,
emplB-yee fer th&-t<>St"
8.4 On~np!eyee-is randemly-seleete4-attd-s€beduled fer a test "mler the previsioNs Gf
this prosedme, the Human~jOaFImeet shall:
-----1(-ao) Give se.Jeet:ee-employees-fHl-fflere-tl*m twenty few' (24) hOHrs notiee of-tlre
------1("b))---Net~yees-Bf'-llHl-£<>IleeIi_er testing site,
----------(€)-----Meet with the empioy<l<lS-te-ootii)' them that tile)' are to lJCHll'!'~'l"*"
t1le-£mployee to rea<J..an<Hige-tlJe-Emj9leyeecRan<lem-Drug-Tesling Notiee-{-Aj>pendill 10] and-aB&w~-<jUestioes,
The-Gity-sha.1! keep the origiRakepy aRd gi'Ve a eopy te !he employee,
----------1(4a+) --C8>olR1n$p·l~e!1<lea-<ai-lreferl-al-fefm indieatillg--tru.-4mg test time range,--aJ'pr0v$
ooJ.!eetjen site aed...Jwatien,type oftesting-refl",ired,,,,,,l-a&;4se-the-teetee-te-l-etnm the signed and dated refe'Tal fem
te,th"'H""'larr-ReselH~"enh
-------<giT.,5j--~Emj9leyees-sha+l-Het_b~m-raRdom afllg t"stieg unless thl!j'-are-0ll-j'lfier
"l'proved leave of absee"",
8,6 AdditiGflal r:;Ies an4-restfi<>tien~r!i;;"lar groups of employees based Uj'IeH-fe<l€craJ
law-aflEl!er-thai"""""io,,&-ef.a-£e~FgajttiRg-agr",,_"
9,0 Reasonable-&uwiGiott-Dru~
-----",·9,1 Bmple~ked-tB-SUbnHt-tB-tlr-Hg-an4lef...aJoohel-tes!ing When a supBR4ser
~asenabl~i<;-iRn,"--as-d<>finad-iR-tlJis...j3e!k-y,te-beIie¥e-tlrat-aJl--£fflj7leyee is HSing or has used drugs or
aleehe!-in vielation of this Pelie)" The sUj'I<lfviwr-will-<le€wnenHh<HlireHmstaeees whieir-~
de:erminatioR ef-"rease~j9l"ien"-in-wr-itffig-w{tlH~aye-Jfem-llre-d~,-A-ferm-fer
~pBF¥isBl-t<Hlj3eGify-fu~n(s) fer the tost is attaabed.,...A-eepy-efthls doeHmontiitioo-wllJ-.be..gi¥en-te
~'eqHest witJ~-{-1)-Elays-fr'0l3l the date ef the-silj3ffVioor's-determination of "reasonable
susp-iGi,~
100
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
----I.(),{) geDf,g!!!l.!iJll~M£~PJ?I9§J":Wil1PD.il-!l§~
------10.1 CeR€klenllality-ef'"f<\OOfElB-ooHG€ffii.ag-dfu~ufSllilRHe-lhe D:·Hg aRd Alcehel Free
Werl'l'laee P-elk-Y-'.I'ill be maiBtainod ill ae8Grd£nee-wim-Flefi<la-la",c--AlH!lwrH'£tieB,reeel~fUg tes: results-iH
~<lH-0f the Ci:y, laberateries, emj3leyee-a$istaflWi*Ggr'*'t!HiH<HlR<g-<lHd-al€<llwl-reh£l>~egl'ilR1S
~ma€fltiaL Ne su~-h·~·HfufR1a:ien ar reGBl'<ls-will~S<ld-uill<lSs-wr~tten-c-e_,sigfled by all
emj>l<lJ'e{Hl,'-j<l13-aj3i"li<:-ent~vffie<l-er-uHl<lSs-d~-~-;nf<lFmatieH er~l€<l-!Jy-an
adn,;ni~aw-judge, hearittg-Bf'r1Gef;-e,~"eur~ of eempet-ent-jufisdie*ieB. The Gity-may-aIS<Hl·is6l<lSe-slH3h
infur-matioo-wlten-releyant to its cM€n5<Hi1-any--ei vi I, disei~linar)' er acimintstFati-ve-heafin.g.-+he-C-'ity-will-lflilintain
reoerds GBl",-e~ testiAg sepa!'ffi<>-aHt!~-€>R1-f!i<>b-aflflli811tt{)r employee's personAel f!leo
···---+G-.2---lnfel'fH{!tieB-en·-drug-testing'f<'sHlts will_~"ase4-iH-a'ifC-!;jHline+j3reeeeditlg.
----IH .0 C;ha~ Results Q:f Qmg}estiJ!.l<J£LElQIili? .ho.il-Y'
II. I AA emplfl'Y"-<Hll~b appliGant wh<l-reoeives a positive eonfirmed test result-lnay submit
inWFRlatieH te the MRO eont<!Sljflg-et'-e*plaining-th~q.jt-ing-withifl-fi.ve-{~l<ifl~re<leij3t-ef
n8tifiGatieA of a pesitive Gonfirmed test resBl"
----··--+u If~lenation er ehallenge ef the-emj3le~r-jOO-eppli8lnt-i~Bte~
MRG,tite MRO sh£l~esi~chae~
--------lIHl.,;.3l---"WiNithifl fi"e (5)-wooffilg-days-afleHec-aiving BetiGe oi'-a-p~~-f€ffilk
fr<lR1.-ihe-MRO, tbe City--5llaU iHferm-{ite~<l)'ee-Bl'-j<l13-applieanHn-wfiting of me positive test-r-e£U1f,t!Je
eens-eq~l'<lS\llts, and t~·vailal>l_-lhe-empl<l)'ee--er-j-013-appl~€-Gity
sllal~y of:be test r-eSlllt-le-thB-et1'lj'>I<l)'Be erjob-appliGant.
-------l-h4---Witrun five (5) W0l,*,ng days af~·ving-n~<>~,fil'Hl~lt
~r,-the-elflj'lI~-appH_Hnay sRbmit irlf<lI1naliafl-t-€>-ll",-City--rJainin~g-lhe-lest
1'<lS\l·lt,aHd~Bng why ,1le resRIt dees Aet ooru;titUle a viola:ioo-eHl;e.Gity's-p<lliey,
11.5 If the o)[plaAation or c~leye~-epplieanHS-"HS<ltisfae:e!)' to me
City,th€-Cit~rittBl;-e*J'looatioR within-fifleen (15) days-of reeeipt as-le-why-the-empley€<Hlr-j<lB
applieant's ~~s-nnsatisfaelefJ,;-a b • esiti-v€-OOHfirfled lest reSlll!&-A.J.!-suc-h
dneumeRtatie" will-be-kept-eenfid€t;lial""*Gept as previded-in-Seati<ln-9,al3eve,-and-wiJ+-ae..ret"ined-hy-the--City-fer
al-lB<!Sl-e!;e.(+)-y"",,
------ll~IH. 6!i-~Afl__€>mPley€e-may-furmef--GllalJenge-tl~ls-<lf-the.-lesHn a GeHrt ef GOlHpet€l1l
jurisdiGti<lH-<ll-,if the drug t<!Sl was admi"i5lered-~<l!'kp!aBe-iBj"ry,.-l3y--filing-a-elaHfl-feF benefits with a
.!ndgs ef Cernp€flsati<la-Ghims, purSRanf..t-e-<2hapter 44 O,-Fl<lfi4hSlatu\e&
---_---II-II.,;.71---Hlf-an .... e!Hpl<l)'ee er job applieant eontests tbe drug test r<lSults; .... he eF sbe will be-w1eJy
l'<lSfl"Hsible.f<l!~e#lYH¥,5-me-+aberat<lry-and tbe City in Wliti~1""'H14frevide-a-eep)' ef the-wr~tten
netiee, by_rtified mail, te me City. ThG .... netic-e-;HltSHnclude--r-efuren~"itl of Guseedy speeimen
itlcntifisatiOO-lflHHl>er.
-----.... 11.8 An ... empl'l'yee-e~-ant-wh~ ... a pes;:i"., eoo·firn,ed test rOffif!t-may,at-lhe
empleyee's O!~plk-aBt's e"pense, obtain-e-retee....,f-a-pertioo-eHl!€-Bt-iginakpeGimen at anomer lieen,,;eil-aHd
app!'<lV<ljl-l~~e-em~<lb-applieaRt, wimin-ooe-hundr-ed-cighty (ISO) days efthenetiee-ef
thepesieive test result,
-----.........:JJ..JI-e. 91---tA-n---€fRjlle~--appli<3altt-has .... the---r<lSp<l!Wil>ility-<lf--netifying--lhe dn!g testiHg
laoonH'*'Y--{lf any adHl-inistrative Of oi"il aetien--b:-8Rght pursuaAt te Chapter 440, Fler-ida Sta:utes. T.Jre-..test
l"ool'atefl"""'llf-pi'eS€rve-speei·meAs ef eollfimwd pesitive 1'esnlts fer at least-tw<l-ffimdred :eR (210)-4<)'5 after the
rcsnlt was mailed-le-lite-MRO. Iftimely-A<ltified ofsReh aetien, the-l{l5tiHg laboraler), will milintilifl the samp!e-ul'ltit
me-_G-eH!dmifl.istrat;-ve-appeaH~
-12. 0 M~<:H§al~-OffiGcr's Res!l9HSihlL~J:~sli~g1!D_§§.r. F:-I'!xLd_a hiJ0_
12.1 THo-Medt€al Review Gt'fi€€r (MRO) shall full)' eernply-with-eIJ.-ef~€H%nts-set
f-ertl!-ill applieable Administrati-ve-RHles. The MRO shall be a.Jk-eHsed ph),siGial1, :;naeHootteet-witMlie-Gity,wh<l
has Imewlcdge-ef.subst-an€<l-al>nse-ais<lfder-s,lal>eralery-teB1ing-p~ehain of Gusted)' 6oIlect+eI~_
and-Jn~frcseriptieB-dR;gs-andfharma8llegy-an<l-tMi<leiegy.efitli~
J 2.2 The MRO shall -review and verify dmg test-r-esults--prier-le--the-lrensm+tt"l--ef-{ite-l<!Sl
resRlts, either posit;-v" er negative,t~O shall e-valuale-tbe drng testcre;;ult(s1;-¥erify the chaiH-ef
eHstedy fer-ms and eAsur-e-lhat-tbe-dooer's ideAtifi8ltien HumaeHllHite laboratory-rep<lft-and the ehain oHnsledy
fei'!lHlG<:-llrately-identi-fies-tlle-individnah
-------lll<2:,:.3;..--lIlff+the-lesHesBJ.tS-lGperte4-ar-e-negat~lalI notifY the-G#y of the negative test
!'eS!llt aAd submit-the appropriate deeumentatffin-le-lhe ACHA.
101
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
·-----l1~204.4-_Hlf~i*'rted are pecit~e-MRO shall IlBt~fy the elRj7lByoo-e!'-jOO
applieant ofa-GeBfir'Bl~ti_ result witlJ.in three (~-!"""* .. frBflHhe-laOOflltel?y-and
inquir-e-a~~f-lhe..€Bffilt~a¥e-£aB;JBd-tl~~~Wit£iB
five (5) days after resolving writteI'HlB1#ication of tl'e-positivo test result, the .mpley.o or jelraj>pli€altt-may-ooHtBSt
oHlxplaiB th<Heslllt to tll.ll MRO. If-tll.ll-€mp~~anatiBB or eAalienge is uB<mtisfu~-tefy-te-llle
MRO, tlJ.e MR.Q..wilHepert-a..pBSiti"e-test-result bade to tlJ.e City.
------+;12~.5--\Jj3en-,'Bflt""_ting_ffil-emplByee .. efjeb_aPl'liBamc"4JB-1Jas.l'OOe.;"e4-a-positi"o tesHeslllt,t£e
MRO shall pl'6J'€'~y-i<lentify-t£e-IlBll6l';-infurffi-tll.ll-4Jner that tlJ.€-MRO is aB ageBt of-tHe-Gity whas~i-Hty
ie-te-ffiake-a-Gate"miBatien-eB-test"''esults-an<i-Iepert-lll.llm-tB-the City, and-ffifer-Bl .. tlle-<lener-thet-medieaJ..iffleflflntiBH
revea!e.a-during tile MRO~~~Bfi4mtial, unless the donO!~&a-Saf~ensitive position and the
MRD believes that such infel1natie!Hs-felated ta :h€-Safety aftlJ.e dOl~"",,"
12.6 A4j.jtienally~alhlutliBe the right-s .. and preeed~_-ef-the..er~gffial
spec-imeH-fuf..tha--deoo~~Y"e's 01' joe aprlieant's l'€~,;esH{)f~f-tIl.lI-er.jgiBal-speeimeH
""*I1.il1-{>ll~-and oighty (180)-daye-ef-natiee-ef-tl~we-tBSt-result ill aneth€f..l~-!l.lI!eeted
by tlJ.e employee al' je13-appli€aIqt,....:[-ll.lI-elnplo)'e. -<11' j ab ap~eant who-lOS'l""sts .. tlJ.e-addit~€st shall 00-l~Hir€d
le-fJay-fef the eost of the-l'Bt€Sl;-iB0lu<1ing-haneliBg-and-Bhfpj3inJ5-€*P"llses,-The MRO shall-ooRt-aGt-the-el'iginal
t€StlJ.lg-laOOl'atBf)'_tB-iffitiate-the-ret€S1.
---------l1h12,,-;. 7L.....4U4>peBaB-loeeeipt-Bf'-infermatiBn-and!-ef~m--th0-elHpI0yee-er-jBb-apj3liBal1t,
t£e-MRD-sh~H)'-!ne.aiGaI"feeel'ds-previd€d;-a .. ~--l1f14IeH~hy,**",,tB
eal<lfmill<>-i~_l result \','as eause~egaI1y-p!'8OC~I~r~a""
~_atien;--the-MRD-Bhal+-iB'Iuire-aoou~~4-wuld-ha~
pasitiY" tsst lossult.,....+he-<lenB1' sholl bH€spOOSible-fer-ploeviding_all-neeessory doeumelltat~-(~~ter+rer<l1'l;
&~-l,;ptiBn, et6.) wit'hin tlle five (-5j4ay-jleriBd-afteHlBtifi€atietl-ef-the pasitive{est resul"
------lb2!;.8!S---+tlf-tha-MRO-deter+l'liBes-t£at--theloe-is-a..jegit.iJ~lat.jen .. fel'-the pasitive_tBSt
result,t£e..MRO-.sl1alH-€pert-iH~suJt..te-tl", Cit)'. Hawsve., sRouid-the-MRO-fee.J.-that..th<H0g,*-,,&e-ef
the-drug woul4--endanger--the-inetvidual-er-Bthel'S;--thel1-th€--MAG--shall-rsport that the test is n~ .. ffil<H&-a
v<>lklate<l-preser~tien-and-shall"HlqBesHI1at-the-inJi.vj.d .. al-be-plaeed in a positien-wlHsh wauld ll.ot-tlnoeate-n-til.ll
safety-efth~
------l1h12"'.91--ll!f tlJ.e-MRD-has-any-'1Uestiell a~<ry' or validity-ef-a--l€sl'--fB<!t-or has a
eeneef-B-!'8gaI'Ciillg-tha-sc-"elltifi" relial3i-Hty-ef4l1.e"SaI1tple,-tll.ll .. MRG-"lHay-requBSt-tll.ll iBdividual to pre-vi<!e-allather
sample. As a safu~<l-jOO-sppli"~-MRD--verifiBS-a-pesiti¥e-t€st-result,t£e-MRO-lH<ry'
c-hange-t£e.-veFifieatiOfl-ef-th€-l·esult if the-dener-presents-iBfeBnat.jBfl-Whielr.a_e-that-B-ilef~""S-+lIfless,..i$fy;
0f-8thef-..€ireHmstaoc-ee-!hat-Ima_iGably-pI'6¥anl%--t£e..eenor frOBl cB"taatillg-lh€-MRO-withiB-th€-Sp€ffifte<l--tinl.ll
fram€-and-tfthe dOBOF pfBSellts infennat.Jen-€Bll.ll€l1Hng-a~egitimat0-eliplanat*»rfef-lhe-pesiti_t-wsBJt,
12.10 If t!l.ll-MRO-is-nnal>Ie-te-£ontael a positiYely tested ~,,,ee (3) daye-af;oeeeipt
ef-tllB. test Fesults B·om the lalJoFat-ery,-l!!e--MRD-shalk-enta{)t the City and reEjl±est that t1~Bnel'-te
anata~o~f-the-MRO-has-!lBI-beeI1-C-81ltanted-By-the-dBllBHVitl'lin-t_-f.1t-<lays-fr-e;n-tll.lI
request aftlJ.e Ci:y, th~rt as pas;ti",,"
------+1 ic2.+1 +-1 ----j1+ftlthJee-lldmlBl'-l'Bfuses-te-t"lk-with-tll.ll-MRG-·!'egarding-a~Bl±ll;-t£e-MRD-ltlJ.all
validate the fesBlt as a positive and anfletat~"fl1 the remal'~-t.Jen. If the d~uHter-Hy-a4m#e-te
t£e-use..of-the drag i~Bfl .. with""Hl.-pr<>par-pI'€Wfi~-Bhall-ae¥ise-the-de1lBl'-lhat--a-¥e!'ifi~""
test-resttlt .. will-ll.lI-selll to tile City.
------h12l-c.+;J2l--...:TRh~e MRG-4a.IH10:ify the City in writiBg of the "el'ifi€d-tesHesult,tl€gati-ve-al'-pesiti-ve,
eH1_i~<h>pp!-epriat€ly-f;le-c-hahl of ",;stody-feRns-ta tile City ane..-suBlllit-the--pI'-Bpe-r-fol'ffiS-te-tll.ll
AGHA-
o...---IlRUG AND ALCOIIOL T-ESTING OF COMMERCIA-L
MO-TOR VEHIGLE-DRJ.¥ERS
-.. ··· .. · ...... In-a~he palicies and pI'()eedures sat-fertll-abave, City-enspleyees-who are eanll€C-ted-w.ftll-t£e
eperatien--ef.-.oommm·eial motBl'-V€hieles are-stIbj€€HB--<lfilg-aIle aleahol testffig-aB-R'l~<Hred by the-OmnibtIs
Transportatian Employee Tcs1irIg Act of 199J, 49 U.S.C. i 31';\l6,aHd-pursuant te-all applieaIJ!e-pr~l±l'<lS-aI'!d
Feglllati<lBS-j31'Olllulgated-b~~nsportatieE-af!d..tll.ll..F€dellll Highway Adm.iJlistration, as well-as
aI'), additiona!-p&liey-a<!ept .. d--1ly the CitY-purstIant-te-those federill l",,'s an<l-regulatiBl". In eases where-the
",,€jHireIl3.ents-ef.betlJ. federal aBd state-<lI'<lg-aB<l--aI€ehel 1""'5 and "egalatians alld/{)f-tll.ll-Gity!s--Dr·"g_aw! .. A1€Ohel
~ mal' be app+iGable,-tl1~""nlems-ef~~-u~..jaws-a"e-r-<lgHlatiBns ... will
c_Hf.a--wffil.Jet-a~fal law and-regalatieR5-lIlld~ujremems-ef~ .. er the City-'s .. 9fHg
and Alco~ee Peliey.
102
Q¥EH T-HE CQUNTER---AN9-P-RESC-R.-lP-T-IQN DRUGS WHICH CQULD ALTE~CT THE
QU~HU{;-TE8T
ALCQHQL
AlJ-'Ijq~~l€eJq<>l-(elhaool~!al>~leOOek-{;HteBt. As afH3lffiffiple,
'lick's Nyquil-is-:M-%-{50 proof) ethyl alcohol, Comlr-<*-is 20% (40 pr."of), Contae Severe Cold Formula Night
&f<Slqgth is 25% (50 p1'Bef) aad Li£t-eriB€4s 213.9% (54 proof}.
AMP-HETAMJNES
Gbetr-el, BiphetaH,ifl&,-f)c-ooJ(~&x-edfine,-f}i<J~i~
GANNABlNQIDS
MBri~l>il'l<>l,+HC)
GQGMNE
Cooaine HCI topical selulion-(~
P-HENGY-GLm.J.N.E
Net legal 8)' pFBB<lfijffi-.
METHAQUALQN·E
Net-klgal~
QI>IATES
J>.aregeri€;-l'arepe<:-teIi&,-f}eHl"'i5BJ--l>G.,Mf)~"ol with C<ld€ffi~~"-w#!J..-GOO'*'e,AP-Al'-witfl
COOeifle,Aspifin-wit-il-Ged~ffissin AC: Gulat"S5-A~",fl.i;;Me-Q.H,.-N<wa~raa!;-f}jlauElid
(Hydromorplwne},-M-,<; COBtin arul-R-<OOlHal (morphine suJ.ffit<8~~ss-i--efgalTidifl-;--6t&.
BA·RIWl'-UR-A+ES
~·~il,al, Amyt&l,-N<3m13Blal,-l'>eoonai, Lotusat<3;-F~riRal,..Fierieet, Esgic, BUliso!, Mebaral,
BHtaWr-bitai;--B1lt&ll>iffi.J,--!'h€HfiniB, Triad, eto.
BENcZQIJlAZE.P-INES
~OH:Opifl, Dal-lwne, Diazepam, Lib¥iuR1: Xanax, Serm[, Tral'h~.J.irn.H, VerstrarI,-l4alsiefl:;
P",'ipam, Restodl, Ceatffilh
METHA-OQNE
Pelophine, M<lt-adeoo
PcRQFQXYPHENE
~i'ven N: Dolen8,-ete-:
bJ.S.+.-.P'RfiSCRI·I.'.:r-l~KEN-WITH[N TH-E~ 30 DAYS. THIS IS FOR Y-GYR-USE ONbY-AT
'[-HIS TIME BUT MAY BE I~D TO THE--MRO IN TIffi.-lWENT OF A P.QSIT..J..¥E-..:r--E8:r--R.EWbT--+G
ASSIST THE--!I
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
LIST OF DROCS BY TRADE-OR-GQMMOO-Nt\M-E-S
---DR-UCSiNARGOTIGS T~-MQN-NAMES
Qpiu-rn-l)e¥'H's-l'-e~i~r€peetelffi;-baadamtm
M<wjlhln e fv!.eFj3hifle,P-oc-t(lffil-Syffip,R-e>ffiRe~li10fjll;
GOOcine'f-ylenol wilh-CedeiHe,Eli1piffirGeli1jl~-edeine,R-ebi!ussin A G, Fierinal-with Codeine
U""oin DiasetylmeFj3RiBe,-Herse;-Sinae-k
Hydfl)mer-jlh~
~feperid~,"oel;-Mej3e-Fga!'
MetIlaae---flelephine,Methade-,.Methadese, Alniderl<>
Qt1_ Nareotics LAAM,beffii-ne, Num"Ffll,an,l2efGede..,:r-BssieH€-",:FeH\anyl, Darvo", Tal",;", Lemetil
DepressaMs
G!tl'H'al-Hydi'at~€C~
B&rbit .. rates~, Tuina!, AmytaI,Nembutal, Sesenal, Lotusate,BaFbs
Benzoaiazepines Ativan,A-~eoorffi,---9aJ.mane, Diazepam.,.-bfuFffi.JR~aJ(, SeraK, ~fl.€-;-¥aliUf&;
~l£ieH,Pa"ipam, R~l,ReeH~'''I~lS, Xanan
MetiHl~de,bHdes
Glutethimide Del,i<!en
Other D"flI"-essants Equan+I,Mi1,NBlBdar,-l2laei<lyl,-¥alfnid;-Aleel1BJ
~
Goeaine-Geke;-F-laI<e;-Si1ew, Crae\e, Rooks
A-mjJhetamines Biphe1_iHe,Ds!Gebese, Desexy~l'iRe;-Media!,,;e,-Bl~uties, CI'0SSeS, Heal'lS
w.enrn<>trazine Preludin
MetIly1j3hanidate Ritillffi
MetiHlffijlhetamine Desell)'fl, Crank, Crystal,GkI~eed
Other St-im-u-lru --, .. €'fI;-fl~,!eHamii>;-Jlle~Sate;-SilHef~nu~l;
V-eFaoo
Hallaeinogens
~
Mesealine and Peyete Mese, Buttans,Ga~
AmpHetamine Yama!s 2,5 DMA;-P-M-A-,S-T~A, TMA, DOM, DOB, Allam, EestilS)';-ST~-G
P-h-eneydidine PDP,AHgeI-f*st,Heg
PI!,,"£yelidin~TC-P
Other IIallu.iaegens Bufetenine,l-oogalH~,-DET;--l>sileeyifl
Cannabis
Ma-rijuana I''*~ Grass, Reefer, Sinsemili£;--+ha~erb, Smoke, Weed
'l'emtbyd-ra'''HHHlbinel---l'HC, Marinel
Hashlsh--Hash
U<>sl!islI--QH--Hasil-GH
~y-Gity-ef-,Sootl!-Miami-empley€e is a ma~portanee an<i---we-€enstantly stri-ve-te-l<eep
the--Git" a sal<>-plil6lHe-Werk. The-G-ity mee:s ~!ate and Federal Safety re~~.-:Fhe
City's eenw''<Jhensive Silkty Manua~~~ment In-addition te the rules and rBlru1a!iens
een~~kEeaeh dej3a!'tfnent-Sha eemmunk--a!<HmY-S!lOOifi<Hlffialotmental !he del*'_-'-s
104
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Sfrafety-R:!'Hles-aOO-Rl'egulatioRs t~eyee~j>k>yee5-shafklllily these all==aw+~Jes-.all<l-*eel"-{I"'m
pet~~-ewe-in-tl~e-mafIfleHlS-ll~soo>lel-lffiles-a£d-B,eg"~_l. . III addffieB,a
GOfIljlI'BheHsWe-g,,~afuty l"rOeed"l~eutail~-tlle-St!p~Gui4e, a GOpy of-.wl;kl~
OOtaffied-tHfeHglHlle-+klffial'i-R€SOtll'€€-DepartmeHt. The-b.jty-meet5--<lf~s-a~te and F-ed€fa!
Sa~aJl-<l!l'\j'lleyOO-C-{l1l~~s-t~oos-eeH4tioo;-it-stlaJ.l
imme4at-eI~ta!!-R-es<wF€BB-afl'Mor a Supef¥is"HIH<l!~~
Eaell-elllj3l~s-FeSpoos-il>f€-.feF-.his-Br-h€f-sa~ir·"d-to-eooIBIY 'n itJq all worl~<lt'¥=R!l€'"
€:mJz!<lyees are requit-ed_-efSis€-1ill_reasooal>le--;;are-.ffi~e-ef-tlleH'-d"tie£-to--av"id=j3®l!ltlaHfflur-=Y:::!2
tHemselves their fel~ees aHd visitors to the--Gi!y,--Employees aetiHg-iH-afr-llRsaf<H'IlafHl<lHlf-faHffig-l<l
imm~-<lH~Hsafe.-€<lIl4tieIl1H\l~<l€t-te-di£eij3lffia!.y-a€{-ien-"p to and~dffig-teffnffiatie;h
ffi-additiooC'Hlj>k>wes-whiHIre-injured in a wel'lE-r-elal€4-aeeident--l'&.R,ltillg D'om a fa+I~e#€le,;..ffi
1lle-SafWt=/l1anHal an<lfeF-.estoo!ishe4-depaftmental safe\J'-fHIes-and-l'Sf!Hlatioos-fil!l't:.f-erf"*-theif-eBtitlemenHe
beoofits-in-ae-6614mce with Florida's 'No ricers' Compensation StataIe&
Each empleyee-i!tfAA!,til'ed-t-e-l'WOti to his orher-%!j3ervisor 1fl-Wfi~ing ~€-WIl-d1t~erved. 1\ pjeal
eJffiIllples of unsafe con4tioos--wltieh-shoold be reperte4-la~-I*'t-,,,,e-not limited to the fulJowlaJ5rl""H>f
llliwefy-4lee!'Si-<ffiffieked b "i{rungs/offices; '*lcti13menl-e!'-f"''!liffir-e-lafHH-aH-llnsafe...nl_~ ve eleotFieal
wil:Hli5damas or out!e~_-wirul~ng-ifHl-naHtherj?-e4-ffiBati9IlS: and ob~bstructing entr-aaees
afl4Lor..e.x.j(",
The CitYf6!laffi&.tfle safety and securitv-eHls=employees, vendGffi;-Gitizens, visitGf&cilf!~mers as af!
issuO--Gkr.jtiGal-ifl'\!?Gf!aB~ts-0ifeet-GHm plie d), threaten inq behaviGf,:aG!&-ffi-viGiOflG&;-Vef-iaal-Gf
lllwsiGal abuse, stalking, intjmffiaOOfrc8f-aIW~f..<;/isrufl!iv€-beha'iiof-Bf-Bonduct will nGt-be-tGlefatoo
aR4 ... will resul~pfOp riate respoose--tAGlti4iA>HliSGip!if\aFy--aGlioA-aA4-GFiminaHlf-G6€GtltiGftrl.liGIOflB6
afl4...tflFeats-Gf.-vlGleflee-against omployees-tha~-Gi\lt-f)feffiises or alter busffiess-hoofs-wilj.,
liI<ewise, not be tolerateElo
Aflv-effll3l0'te€=WhG is aware 01 GOfltitJGt..or-statBFABAts that afB=!;lGtentiallv violativee-ef. these expoctatlGflS
i&-rBq¥irefI..tG-ifRme<Jiately report them to a supervisory employee and/Gr directly to t~an Resouroes
Qepaftment. ... :::I~n1ployees wflG=ffiilY~-GOfl4t1Gt-Gr recei\'e4--ef...Reard statementS--!Rat-=!Be¥
f6!lard as potentia!1y-in violation-ol the spirit of this JlBHcy, as well as emplG\fQOS:Who have beeR-tBkl-that
another persorl-Aas-1Nitnessed or reoeived them, are required to reJlBr! their ooser'latioA&.--EmJ?jevees
sIlooI<:J....rlGt-mak€ -an attempt----\e-9€1efmine il the employee engaqiFlq-iA---tRe---00n4t1Gt-Bf-making the
statement is "seriGus."
The-G1t¥=:l"""'~Kl--aJ.l..-.su<;-ll-stat-em_s--er"'€{lHduct with the Htmos: seriousness. No offiBlo\ee will be
ffiseiplined OI~FWis&1'€!alia!ed=agaiflSl-.#Jf=fflalffilg a factHal repert=-regarding cendH"! Of s!aro,H8HIS-!J.y-an-eth<il'
whlall-awear violati-vete-v-iefate4.th€ inteRt of~his po Iie\'.
Afly--Bmp1Gyee-whO-lBceives a pret€Gtive or restFaift~er-wflich lists an'i=Gitv owned property and/Of
WOl'k-area as a protected area is required to provi4e-the City with a copy of such -GffIer-wilAin three (3)
business davs of itS=effify by a Court of .oompetent jurisdicti<*-
Violence, or the thl_-ef..viel~a5-Re-j>Ia€e in aR)' of-the-Gily'-s-werlc leeati<lH&-l~~y of the City that
no act ofelnj>k>yee-werkplaee 'fielellc~reats ofviole!l<*Will-b<HtlJewed.er-tel€1'at<l4
±t-is the shffi'€d-ehlig"·ti~"w·enf<*"eHleat-ageReies, and elllployee orgaJlications :-e-indi¥,<h!ally
an<J..jeinlly ao~ to pr-event-ef-.def~al-et'-i~olen! behavior at WOfk. If-an:employee oomes aGross this
~atioo;-th-ey-nl"st-iJ_ediate!y-r-ejl<lF1-il-te-tbe-HumanRes_f)epaI't_
~e-threakl~F .. against .. any ... effipleyee of the City Of.SOHth Miami-er o~her person-1s
UHa€eeptable a,Kl-Gelltr-aI")'-t&-tbe-Gity's polic)', aJl4-wi{1 sHbject the pe1'f'etrator to seriws-dtseiplina!')'-ll€tiOO-!md
105
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
j'lB55ible-€fimffiakhaFg€&c-Th~i!y will work-wi#Ha",~-te-ai<l-*Hho-j'lrosecBtiofl of afl)'f>oo-withffi-e;'
oB!sie. of.the-0i'gaRiza!ioo-who eommi!s viBl<mt-a~
Tl1. BnaHthoriZied-jl%S9ssioll 0 f a -i'ifeaHn-ofl City P''0pe&dnGl\tffiflg=any-Gi-ly=Bll">e6-vooiele,-1£-S!ri£lffirBltibit%.
::r~le BllaBth~oo,-\lse, or threat of use--of a deadly W€Bpefu=inclt!4Hrg=eJI-BreaRll&-ts-strial=y
P"0hibitdprohibi!ed.
PossessioH, Bse, or thfOO!-f>l'-Bw-of~rweaj3oo,indudffig all firearHW;-is-H<lt p.ffilittoo at work, or Oll City
propel1:)', or-iH-Gity-v<lh~~~l-oHhe-Gi~
N&-€m~ctillg ill good faith,-who reports real or implied viej<mHl<llm-viHr--wiU-be sobject to fetaiffitioo-Bl'
hafaS5R~en-tlWH"jl<lf!c
I. Allremj>leyee-Br all emjJleyee-whf>-llas-<l-faJRilY-llloolbef.-.Br hOBs.hold melHber wllo is a vi€fim-Bf
demestcie-v·ielellBe-is-oligWle for Bp to three (3) eal~aid-lf>a~lly-tw~.;&)-mf>nth
l'elied-t-e-pafti<:-ijlllt-e-iH-aBt.j¥itie5-f€SHltiHg fi'om an act ofoomestic '/ioIGfl~€ City pennif .... ~plB)'€e
le-jlllf!ic-il'a!e iH the following-spe€ifiHl€!ivi!ies:
a. 8eek-ing-a:-pretective 0r injl:lRct-i¥e-effi€.Hor proteetiefr..
1>. Oblaillillg medieal-eaf<Hlr mell!al health-€f>flHselillg to-ad~lfSy£.nf>If>gi;;a!
l$J>ies,
~----OBtaffiin~lHlcVi~f>!>ganflaMH,-sHffi-as-a-d~.jBl<mee-slldlef-f>i'
:J*BgffifH-Bf-a-rapB crisis oent.er.
4-----Makiflg-the-emplfl)'e€~fi'~etffit{)f of domestie '/iolenee~-flew--housffig
to-eseape~'Petfator.
e. SeekHlg-.Jegal-assisffillee-ill-!'effitioo-le-tlle-a£t of domestie-vffi.!eHoe or to attend-and prepare
--ff>r-€Ot!rt-related proceedings al'is·il'fg-frool the aet of-demostio ... ioloo_
.. --Domesti€-V4e16flce meaRS any assaHtt.:,-aggravatea assauu,oottery, aggravates eatt~eN:Hal assault;-seJlmal
eat{"')', stalking, aggra¥ate6-BtalkiHg,k-idnal'JlHqg,faise imprisoHmellt,ef-llllJ'-erimiRal-effense reseltiHg in-physieal
injBl'y-eHieath of oR<H'Hnlily-er-heusellf>1tHnemeer by anotller-fHlflily-or hOBsehold nlelllber.
.' Family-er--flBHsehe·ki--fH:emeer means spol:l:ses} fonner spouses, persofls related-by blood or marriage,
perooll&-whe-arei*es<mtly-re<;iding-tegether-as-.f.a family or who have-Fesided-tegBt.nel,-in..tlJe.flast-as-if.& family, and
persons who are par<mts of a oh~l<lss-ef-whetHer-t-hey .. hav~E"eept for persolls
whf>-h""'Hl-elHld in oommoo,the family or honsOOBld-tne~_<mtIY"F.si4ing-e;'-h~-es-idBd
togethar-ill-ltl0-5affiB-Bingle-dwellin~
.. ---.-The twelve-moHth period-ff>f-deteffiHniflg whether dle :.nre<l (3) day entitlement has been exhausted is based
OH a roll-ing-twelve (12) mOHth period-tncasHred baGkwar-d.£'0fl!-Ille first date-el'.Jeav&.-
~---·--E)[oep: in oase-ef:-imrn-iHeHHkmgeHo the heaH:h-Bl'-Safety of the emplo)'ee or to the h.oal#l-or safoty-of.a
f'amil), or househo!d-fllembor, aH emplfl)'ee seeking leave-from work BHder--t-h4e-peliey most submit a written reqBest
feHeave-for-approval aleng-with soffieieHt dooU!flen!etion of the a~
"'--·-~<ler-thls-pelrey-n~e-e~austed-all-leave-befere unpaid domestic leave is
grant%.
.·-----Inferumt-ien-relatiHg to the emI*>yee's leave und0!' this polioy mBst b€-kept eOHfideHtial and-
106
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
e_ Aft emplByee-marRBt-9~~,,*~speR43a,t'etaliat<*!-agaffist-BHH-fHl)'-Gther--maffileJ'
ffis<3fimffiated against for ~siBg-his!her-'rigMs ander tHis j'lejjey~
The purjJese of the ClassiBootiBnlG<>rnrensatien P-km is te jJFlwi4>-aJ1-<l1'derJy and faiF--'RlBans-fBf-C-BfRJleJ1£atiBlHtf
eJ'J1rlB)'ees-en-the-1;~~ei~,*,~ssHieJatiea!Coolj'lBnsatieR-P-la"
as--a<lert<*!-hy-l1te-C-ity CORlRlifrSien, sl:<!lI eenstffilte--l11e effieial seheduie-<>f.-sal<!ries-fBf-all--j3es#ioos--iB-the-Gtt?'
~
The pi"" faei li:at<lS-Rler-uiting-,J",eugh-apfll"'j'll'iate delin itieRs eF-flesitiBns,<Oftabltsl_€"t-BHoosenabl<7-st~
appeiRtmeRt and preRletien,aH<l-BI'fIerjY-€BHtrej-Bf-j3efOOH""j-€ha~eulBMns;-43f11etiens, and
~rsoRneI statHS GRanges.
The--class title shall-be-the--Bffi€ia-l-11tlB-ef overy pesitien allooat<*!-w--'tl1e olass for thG--J*!fi*'S<H>f--j3er-s~
and shall be used-in--a1l--peyffill~.fi€iaI-reror-<lS;-aR<l reperts t'elating-lB--'tI1e j'lesitiOlh
+h€--fanges-i!f--ray--fi!f-eaC-11-class-shal4011£ist-Bf-a--minilfllim rate, an-apprepriate Humber ef i_eJ!iat<H'ateS;--illl<l--a
ffi{!,,*nffil1-I"te--fnWR-B_8-1-te-&iJf.-(~ooge-vjty,under ae eircumstaBoo-sheuM--BfRjJleyees fall abBve
the-ir-j'lfly-f-aHg&-A14mpleyees shauld fall between-tllar--j3i!), mago. Nar-mally,&-&*-Yeaf-fJOI%d sBeuld be re<j:ltired
t<:>-r-ise-f'fem mininlanl te lHaJdIHBllH'at<l--fet'-ooeh elass as aflhe anni\'ersa!')'-<late-ef-alnrlByl-~iBt-it-is
warRH1l<*! te inorease maJdm"ms,.-the-C--lty-MilHager lHuBl--gel--'pre-<!j'lJ*9¥aI-l'rem the City Cemmissiolh
It is tile r-espeusil7ility of the City ManageHe-admiffist€f-il"d maiatain tHe planc-+he-City-Mi1llilgeHllilr<!elegate the
dil)' te day admiaistratieH aa<l--maintenan€B--Bf-.the plaa tG-al'l*epfliltB-aarnilTiatfatj". staff. ,A,dministrati<1il-e4'4he
plan shall i£cl.uEle-alleOiltioa of all ne\v-and-e'X-isti.-ng---pooitiens to "Pl'r-<lpr-isl<H:;-ffissffiOiltioos;---j'lr-erar-atieH-ef
_mandatioas for neeessar)' amaB<irnellt-s,-a-n<l-T€-view ofre'l"ests-ffir-rec~yee",
MaiBtooanK>ee-e ------f)of-f-------tI"'e>---------Ip:>JI"'ala-' -------wiU-------tinfi'eilll"ua,d.e"':
+) ,'\m:-uakB-¥ie-\'H)-f--'tI1e-maters affooting tho--levet--e4'-saIary-!'lll1g~n,auch as eest of
jj¥iag data;-thB--finaru;iaJ..€.e<*!itioas ef-the-Cit7T''8t-es paid for elilssHiootiBnB-i-n-etll€f-C-itiBs, and ether moters deem<*!
"Jlj'l~
2) Prep aratien-ef-deS€r-ij'ltieJ1£-l'er-new 0 las s i fi ciltien5--'a8--l'l€€€£5al':)'o
~~ revisea spec-i-fiBatien&-fur-classifieatioas wh~""ties-or re'l"irements ha,<e substantially
~
41~ee-efl_<latiBl1s for aaY-feyisioas, aa<lit;"'l5-ilIldAJr-43JetiBI1£-tB-thB..J2lafu
Departn,ent hea<ls-ma:y--i-nit1a{e-a~fltial ohange--in the duties er respensilillities ef a p~
Wri:teflllBtilieation ef tile proposed-ehange-sha~l>nHt1-ed~nager-f}f-his-ElesigHee for determination
e4'-the-pr~eJatiea---Bf'-t11e-pooitioo,--+l1e-Cit:y-Mal1ager may request-&--Stu<ly--e4' duties of aHY pes#iea--te
<later!ffiHe if its alleooMI1--is--proper. Fellewing sool1-a-ffi-u.dy, tho City ManageHnalH'eaJffic~<l--thB--pesitiea to a
rn_"pprepr~at-e-eJil.ss,
2.2--A-bbOCATION-OF-POSITIONS
It-&haIf-be-the respensibility-e4'-t~f-te.-al!eeate-ea€h position to an "ppr8priate--c-lassi-f_~J-a
Hew posi:ieu-is-estahli%h~-elflsting--pesi~iBll)' ehanged tHe feliowiRg-jl!~
shall-ee followeth
107
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
2,;?d--Whei'Hl-De!*H1ffi€llt-+lea<l-deler-mines-that the duties of an e"is~ing pesitien-have-OOe£-SOOslantial+y
€ha!>ged, he/sHe shnll-Hotify the llumaR Reso"ree Dopartment. An ""dit-wfJl-be-€en<l~et·efmiRe if t-lle
€*i*ing jab deseriptioR should be revised, if a neVi classifieatiotl-Sh~ed,-Bt~ssification-t<Hffi
~g-el,,;;sifi~oon is requife<h
6,;;>~--An)' proposed changes that are recommen<le4;-R"'frt-ge-jh·~~h-GRoo
apjlf<WM, Hle City Manager wilH~s reeomlneH<latiens-te-tll~m",4ssien-<luFiRg-t.hfl-b,,<lg~f-er
adepti-
~~
J-elHies€fip!ienB-fB~sed or arReru1e<l from lime ~o time. U~·m"st be pr-evi<led-te-the-~
BeMed. Job descriptions shall incl<lde-the-fullowing ~
1) Jolr+itle
;;) Summar), of maj or-futlffiew.;
3) E'lampies ofauti.s and responsibilities
4) I<:OOWlMge, skills and-aMities
oJ Minffil!lnHjHiilifi€<1lions req"iroo
€) Dat-e-pFeparM-4<wise<l
f!-es.iriens will be-fi'll€d according to pro€M~t furth in Secti~_!l-Sel€<1lienIJ2roJWltion/ aB<l
Appoinlm~nuaJ.-AwlieatimlS-Will-be-<l€<leple<l-enly when a v,,~c)' e"ists and is adver~
2.5 BEGINN~
A-;oeguffir-employee may Be eligible fur a OBe step merit pay inerease ill aeeordan€<! with the eempensati~
~acl1 year of continuous servi€e.---T-hi~ go into effect fur ~he pay-peBed-en--wJ;ieh-lhe
employee's annual review dale fallB,;l11ffiss it is postponed fur--re-ev"luation B)' thn-fJepm1ffi",lt-Head. Merit
inefease&-<1re dise0ntinued onee an employee-reaches the ma"im"m-st€~lassifieation pay range. UJl<laf-ne
eireJJmstan€€S-Bho"ld an empIeyee-he-aOOve their pa~l1 tile ease e:Renge¥ity-in~
&.Jar)' step illereases within an established mnge shall-flot ee ""tomatie, hut shall be dependent upon a-spesifie
wl'itleFl-€¥alwtien. These m erit inereas~-11p~e-C-ily-Manager-enly-afteHh€-.Depal'ment Head
certifies that thn-werlHlf Ihe employee has met or-e-xceeded th~s establishM-fe1'-Satisfaeter), performance.
An-empleyee shaJl-not be eligillle-f-er-s\l€h-an-in"reaSB-llBtil-lle has cOlllple!e<l-at-leas!elve montils ef eentillu,,<IS
5el'Vice with Ihe-City witheuI-£paeial-elH:-11ption fr-em-!he-G#y Manager--hnsed-Bp-en-reffiHllllOl1.<larien from a
PepaJ~d detailh~-aJld olltstanding perfermaoc-e,
:M LONGEVITY I4\Y PLAN
The LOllgel'ity-l"ay-PlillHs-intencled to ereate all iBeenti¥e-t-e-retnin-Gily employ_a 10 rewar-d employees fer
eentinue1ls-and-faithf-ll1 sen iee to-the-City.-Lengevity pay inere.ses l~en11l1€ll-Ele<l-el1. the basis of such
service as welHi;-a-snstaffied high level of JOB profieien€y-an<l meritorious aehie¥B1l1011l,
108
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
~~<Hlle-fffitcJoogevity-pay (6 1), may-17e-Rlaee-when-tl1<Hmployee has oo"n iH pay step sin (6) of -the
Gity·'!2ay-P~oo-fur--a,-per-iad-eH1Heas: oHe y~~rs ofeoneill"oHs satisfaetory serviee.
AAvi!!l€eHleffi-tB-the seGond IOHgevity-j3~e-aftel~etion of fifteen (I5) years ofeontiH""""
satisfnetor), service prior:o the year efeligibility. AdVaRC-ement to the t~lf5eYityfay-{L 3), ma)' be~Hnde-after
OOlll~OH oftwenty-f.W)-:!€ars of GOnBHUOHS satisfaetery serv-ic+.
2.7 8ALARY~ANSFER, PROMOTION OR DEMO'f-ION
ff-afl-<3lllpleyee-is transferred, pI_ted er demoted, his l'!lt~ay-fe!'-lhe-new position-ffial1-be-det~
tbl-l<lw8
.1) If.tlre-fate of pal' iH -the previous dass was less than-tIle-lllffiiml!flHate estabJisIl€d-fur-tbe-el~
position, the rate ofpfIj' shall ee advan€ed-t<Hhe-lniniIHHm fer the Glass,
2) If-tlle-ral€4pay of the previous elass Wa5-ffiBre than the manimU1H-1'!lte-netablished fer tIle new eIass,-tl'"
poY~la"imHm rate,er-t'Hm-iHterlHadiate-;;te~!Hletcrmifled by the
derartr!l€nt-head,st,*,et-te-apj3fBval-hy-the City MarIagGr_
.3) If the-ral€ of pay of the previoHs ela5s falls somewhere withffi-too-new-1arIge-efpay-1md-awlHl&tahliffied
step of the Hew raage, the SaIOlT'-ate shall retnaffi-the--salfJe--ffi--aase-ef-trar"f-er~h~sed-ifl-€aS<Hlf
Iweme:ioH to a higheH'!lnking elass, aHd at the discretion of -tll€-department head, shall remain-the-sOlHe or shall be
adjootad-t~-+n-GaS€-Of demotion~
4) If-the-previoo5-l'ate-dBes not eoine~-!l€vi salal)' range and-ls-witllifrthat-1'!lHge,#-%hall-he
adjBsted-tB-the He"t higher step if the aetiOR is a-jWOltlf>tion or transfer, or aajusted to at least th<'Hl€K+-IBW€f-SlBp-H
the aetioH is a demBti_
5) An erBpleyee serving-in an aetillg-andlBr-tcnlp<lrary .apacity fer a peflBd-in-a-alass-assigtl€d-te-a-highef-pay
grade for a period in e)Ceess ef4lH~-oose&Ht+ve 'verk days, shall be OOlllj9<lnsated in aeeordall€e-Witll--tlle
j3l'&visien o[paragraphs one (I) and-fellr (4) abo",,",
J.t}-PROBATIONAR¥-¥ERlOD
The probetiBnary period proviaes Department Heads-with-lll<H>ppBl'lllffi~ew employee's work, t-a
train aHa assist tile IleVi employee in adjusting-te their H",,~_;-and-te-BereeH out any empl<>yee-WhBse
p-arfel'fflaHee aees n~H·eqHirea work staHoords. Effeeti-ve-immadffitcjy,eIrY-eJllplflyees hirild-en-{lf-aft-ef
Fehfua~-y-;1Q@&,will Have a one (1) year pro"atienar-y-pefied~
+I!e-j'W0bationar), peri-Bd for new employees shall be for a l'er-iBd of Olle year. AIJ !lrobatioHar), elHj.klyees will e.
e¥ah!atBEl-dBring-the-prebatiBnary perio~~~~-tcaded-if-erlJpkly~_eOOBd
klave or, Hp(j~ustifieation -that-perfer-lllanee warrants Ol' e"tel1SiOH nat-to ellceed si" (e) montlls-A~j
pr~tel1sioBs m~I'e-appre-ved-by-th€-Gity-~
'ROBlI:rIONARY -P-ERlOD
A probationary-en~~ed-at-any-time GHril1g t1leifill'BhatiBnnry-pel'ifl<i..NBWly-hired-prebatiooary
""'pley •• s are At Will ompleyees-and-may be termiHatea with or witholtt a stated r-eason, witlHlr-witllBBHlet*",
AHy-t-ermifIati~dle "'piratioll of the Ilfebetienal'~hcll-1>e-fffial;-witll_no right of-appeah
~ansfer daring Probationary Perie€!
If an empkly<3e is traHSferrea to arIother po&itieH-i,,-tll€-sarne-Glass-in-the-sam<KlapartmeHt P,q<Jr-tO the completi<m-ef
the employee'-s-probationalY pBl'iea, the total time elHplo)'ed-sha~-t-ewards-the-pFebatim""Yi'6J'iB(h411-a
109
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
"ase-e?lraHsful'-fr€>JH-"He-€epartmeBt~her, the req~ired ~~s-prol3at4eRar)' p erio<kflatl-gegiH-at-ilie
oote-<JHJ",RSf€l'-t~epHFlH~
~nce 6va"'at*,H-is--aIl-ewort~nity f{lF-a-ffiall<lger-an4-aH-€l'HpJeyee-te-m~aHiz.ati€>Hal
priorities atld-t~HHaH"o goals f,,"-the employee. Tho eval~ation sho~ld fecus en the key behaviers that
managem<ltlt-ilas assessed as i1HJ*>rlaHt-t€>-the-orgaRization. All j'lerferm~-iens-sI,euld assist employees to
__ heir perfermanee goals. App1·aising em~uld be atl ongoing proces&-te ensure that em~-are
aware4-theif-j'lel'fefHlance throughout the yea",
Perferman€e-evalB~all-ge a part of -the proceEiBro-ffi-Eletonniue valioos persoRnel-aotious, but ootC R9€essarily
~<>-fell€>wing: completio!l--alldlor oxtelJSioo-.-<Jf probational,)' peried, saJary inor()fl50-{)r aecreases,
j3l'Bfl'lGtions, EieFnotions., transfer.s,-awa.l~~~ersonFlel-statu5--GflaRges w~aooe
,,¥alBatiens are p'wti""llHiH4<>f-v£lBe-iiHllakiflg-f~
The-immOOiate s,,!,er-v-isor shall comp~f€>~i±ati€>n form approved by tae City Ma~e
Si±j'ler.y.je(lf-shall-H~)'€e-te-f€Vi€W-and-EltS€i±SS-the-o¥alt>atioo-atl<kflall-pl'Ovide-the-ompJeyee-the
€>pportuRity te-oolllifl€flHlflfl~he oonclusion of the maeting,-the employc<H>haH be given tho
<>ppeR'lffiity-te-wl~flflleflts in the-spac-a-p.t'OVided, aRd shall SigH the form. 'The-emplo)'ee's sig£att>re
signifies that {he evaIHatioo-has-OOell-BtS€u&.l€a with him, aRa d08S-llffi-lle€Cssarily indi<:~j>l<>yee agrees
with-t1>e evalHati_
~ffia-Hen of prGba-Hellary employees
J>rBllatioo",,)'-<>mpkJyees-shaIl-Be-o¥aIuated periodiGall)" but at-lea&t-aft&-si-JHl,onths Oll tho-jBh-afld-pr~"r-te-the
~£i"n-m:.the probati,,,,,,r), period.
4,,2 Evaluation of regullH' employees
RegHlaf-€l"pl€>yoos-shall-he evaluat-ed-anmt-ally based Oil :1>oir a~'8;-reelassifiGatio!Hlf ... date of profllOOooo
A merit iRerease is based up<ln ... the-€lHpk>yee-f<.eci¥m,g-'''H"",rall satisfactory perferR"taRO-e-fatffig-ab&V€-iJ,-(jlf(3e
p€l'Oatlt-(;J.%). An employee's evalHatioo-review date·does Hot fIl€llfl-a~se iH salary GH-ate or pay.
~J"i is Gommittad-l€>-the-wneept and praGtiBe ofe~ual empiBJ'f!l9lll-Oj3partlffiity-and-affiflwti-ve
action te aSSUfe e~Hal eFRpJeynl€Rt opporturnty in all aspeets of employm€flt. It is the p~-te-re"'uiI,
hir€;-t:rein-and promot<l-alJ job levels,€lnpJeyees-aH<l-appJieal'ts fer employment withBUt-regaI'<ke-ra€'8;-OOl~
S€*, nat'onal-Bfigin;-f€Ji,giBl+;-lfl",qtal status, se"ual Glientation or disability. The City's GOlfllffitf!lent--te-e<jtllH
"l'P"l",ffity--ap~--the-empJo)'ment rel~g-wmpensatioR, benefits an.4-a1J.-ether
leI'll", eORditio!1S-·""d privileges-{lf emplo)'m~pJeyme . . lOOl'<hfIlGe-with
j'll'in€iples-ef£qi±aJ-r:""lt~tuRit)'. The+!t.tmalrRe~_t-wilJ...be..Rotified inflll€4iatelj~-ef.a.Il
pes1tien vaeanBfe&
~.=----App1i€a:ions wilt-e~d-feF..epen-pe£ions. An applioation sha~-€aye
ffom-the-date it is filed, Hnless it bowme&-¥Bid-oo~e other ,"Ie of the Human R-esoHrGe Depa_
(Record Retention). After tlw-ffinety (99) day psriB4,-a-fl~-th€l,~d-fer any yaGatley
which opens after the niHetY-f9~Hplete appli.ati"ns will not be 00flSi<lere4.
2,1).2 The affected depa_ent may be asked by the HUlllan-R-ese~S Heeessary, to-f_i€W-l~
a~~ial applicant r0€l'Uitment sourGes,
3.Q.3 Qualitied o""didates, iHSide anEl outside of the Cit)', wm be eonsia_a fer-every pesitioo-¥<l€all€)'-fer
wilish-they-apply,-Blliess oontrary to aR)' applicsh~gaiRillg agre€lll€fllc
4 0 4 Tl1B+.Jemafl Resource Department will pest eaeh job atlneUnCeHleHt for a lllinimum~
regBlar full~f-parHifIle-pasitioHS. Job a_flC-€_flte-<Jl<ly-b€-di~-area goYernments,
110
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
5Ghools,"mj3lBym€tlHi~arul-etlW'-fOCcl'l!Hm"R~-detefmcHted-t<>-Be approprial-ey-tlle--T'Ilffilan
ResoHree Depaflfl'Bflt-a~"pafllHBfl~he-Gil:y--m-ay-llse,f~'6ferral-j7lli'Poses, only tkose reGrHitnwffi
ser~¥hiell de nffi~niHate en th~s-ef_Bttrage, national origin, lnaHtal status,
palHieaI--a#i-Hatietl,ful11-ilja+-statn£;--S€K-ua1-eFieat-a~
5,(j,5 Applic-atioos--<llall be sHBmit{~-lus+veiy-~~ DopartillerJt---Hsing tbe Gity-"r,s6\llh
M-ialfli Emploj'fll-aflt--A-w1j"atie&.--=r~5OOfGe---8epaflffieflt-Will-s<;reefl--awl-k--atioos--t-e-<l€lBl'ffijfl€-if
lHjnim\Bl'H-etjflir-effients--are--!fl~-hoo5G-C--aruliOOtes,iflter-ested-in---applying-4er-a v"eant position maY-SlibmH--an
inl<3!'Ral--emp!eynleflt--applieatioo--f~sj<lered fur tao vaea!l£)'o
&'0,6 Applications fu~-eF-lRe--pu~ate--ef'-fifSt--RWiew may n~ered_ Ifther-e
are-AAt-5"fj:jc~€t~i<lates--at-tho elosing dat-,the-pesffien-may-be--fB---aj3€f1e<J--andIB~ertised--at--tb-e
ffisel'etietl--ef-tlw-flej;ar{lfl€flt-tli~5fljt-atie&Witk-HIffi"'n--R<lwuFce Manag<*.
""CJ'+ Applieants Hlay be disqu-ali~<lefa!iBJl--fur~f--fIfl~flcl"ding, aut n",
JffiH-ted-tB,-the--feI-!<tWirJg+
i_ FailHl~_the-HJfaim"Hl--qt1alifi~
ii, A-H~tB1'J'--"1llj31Byffi-aflHeoor-4-an<lieHlt~rd as ev;a_e by inful'mation GeRtaffied---aB-the
applk-atieH--fE>FHl or B)' :ohe-resttlts ofa ba~d aRdior l~ooe ehee!,_
iii, lBeerreBt,ineomplete,ful~-OOHsffioos--ef-an)'-m-atorial-f-aa!s--oF--dooapti<m-ln--tbe--applieatieR-Br
eHring an)' etker part~-i<lH-pro€eSS,jR€looiHg--oot--AAt-limited to interv-iews and baGkgrollild inves:igatiol1s,
if-appoiutea,snclT-OO'!plByee--!nay b 0 term-inated-fBr--tbls--reawn--at-nHY ti ill c ,
IV_ Ph),sieally--<>l'--ffillelowise-<ffi-ai>1<HE>-perfBffl'l tho eSSGfltial-4lt-ics and fu~e-pesitien-witk or withoot
r-easooable--aGOOlnm-06atiE>l,-in--aGOOf<lanee with sta:e--an<l--f0<jerat-!aws,
¥, Not witbill--th~llge-limits-preseribe4-by-ffi_
Sd---EX-AMlN-A+lDN OF CANDIDATES
A-pre--emplaym_~tinatiBB--!lll8-bacl<gffi~f--aIl-Bew-emplO)'e€S--Upanc!fl-Ojq-i<lg--a
.,.""gitinnal-offer of ~o all appljeant,-tk~-DepeflrBant-wi-l!---affaRge-feJT-at--tjle-Gi{y's
e-~~Rtl-ba€kgroHAd Gh",*,
+he Gity will-be-ge¥effl-Ca-aOO-fBn-ow-r-equirem-ents Hnaor-Gbapt<ll' J 19,071(5), Roriaa StatHCS-fegarffing-weiaj
se<;lM~n\lBtlJers fOF-j3E>!enlial an<l--a1l--nt~h Ihe Git)'o
A-bacl<gf<",nd--ebeek-may~<H'ifieatien--Bf~y£laHt-4oo~na1--and-dri\'iag record, Gandidat~_
sign--a-<>enfuionliality waiver aU'ih~a aad ref"""",*-4eele;,-Failure 10 meet~tHre<l-pr-e
empl-eymeHHesting,+nay cause-n_p1eym-ant,--<>r,-if--tbe-H,di\,jdHal-iscak-ea4y-effip1oycd,-im-atedill~lltiBfl
~ent-
~
The following--anll, in oddition, an)'--Btber-4ays-a~ly-ooRst-itntca-ffillheri~-are--OO~
time employees in-tb-e mHnicipal--seFV-k"",
~1.--~JJ-aanOOfJ'+---New-Y~
2~, ----'53'd-M-etJ<lay-ef-J-antlar-J{-, -----------Mllltin Luther King--flay
2_ ~'dMBnday efl'ebfHaf), ---,-~e~ay
4, 4 "'--Menda)' of May ----M<3!ooRllWay
S. JHI)' 4
6 _ 1" --MBn-Wy--ef-&eptember---lbabeWay
f, November 11 Vetorallo-Day
8_ 4th_'fllt1teaa)'-Bf-N~ 'fbanksgiving Day
~_ l'ri~al1Je;gi¥ing
III
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
lG, :, day-De<:-emecr 24 ChFistm~
ll. Qeeemool'-2§ -·---·-Glwistmas-Pay
12. Birthday i\ft~ yf eSl'ftifH:lBll&-SBf¥i.w
1., Floating ------Aft~--yHootffi\!o\!s serviee
Additional aa¥!Hllay-biMlesi£nated as "holidays" as ""thorizlJ!!..by1l~ity Commission,
P-aft-time-eJll"lo\'eO&-Shalt-n~tit.JOO-tB-I.ffilld~-mHim" ... eH1plo\'""s willa!t:l1ai4-f<>r--l!flV-hoors-a<lffialh
~,heliday.
!.ffiltdaY-BID'-5hflll-l~&-'4lBHrs w81:kea" aHa will-llet-be--iltGIOOBd-ifl--€BlllilliMg-B¥€#ime-ill-anv DID'
period,
6A ... ---II{)lida-ys-<>n-SBhea-&l{!G WeI'" Day
N_eJ(-enlp!-cm~loyees whe ... are-r~d to worlHlfl-tI1eif-OO~OOy-sha11 ". granted-€itfler all aite1'Hate-day
off or shall be ~aid-fur-lhe holiday in adaition to tin1<' worked on ~'I&t4ly.
6,,2 Pro eeGlH'e .. f<l-l'-9bseF¥a"",,{)f.Week<!ad ... i{{)Hd-ay
Whaa ... oo&-ef--tl!e-ab&v~atea-f1elida-ys-fa-Us-en-a.-8atHrda)', the l'r-i<la)' iH1mediat~'e<leding that SatHrda)',
may!iatHrday shall b<Hlllsef¥ad-.as-the-heli-da,,-if Saturda)' is not a regular work aa)' of the-depattmBRt. If Sa~"rOOy
is-&-regtllar-weFk-day-fN-1l>e-depa_,tflBR-Sa!urda)' willae o"serve<! as :1,e holiaay. 'NhBR-el1~aY'l
falls on a SHn<Ia~<>ly-fullowil1g that-Stm<laY-illay-bo observed as th€-halj"a), if Sunday is nG~
,oeguiaf-W<lFk-day-ef-tfl<l-dej7ffi'tmoot..-lf-Sun<lay is a regHlar worl. da)' fur ~","effi;-Sul1da)' wiIla<HJiJserved as
the holida)'. E><eeJ*ioos to this mle ma-y-Be-BeGess",'Y fer depa_ts-w81 as the Poliee Department who operate
24 hours a da)', e'{",'j'-day-eflhe ye",·. Ot~~~~
~st-be-e~fldjor work thsir schedul<ld hOHrs 011 tha-regulaffy-sclw<lul<ld-worIcing Ga)'
ffimHl<U-at<lI'j'-f3fi<1f-le-a-hel.i<la-y-and-t11e regularly schedlliBd-w<>r-king day htlfFl<lEliatel-y-l{)Wffig a helida)' i<l.."F<l<ll'-!e
I>€-eliglb~ helid,,'.' pay,
~AL-hEAV-E
The City ''OOelffii;<{)s-tflat time off is valuabl€-alld !lrovides "''''''pj?Ortunity fer a !leri<td-ef-rest-all~n--wlIiffi
erelTIotas-tbe-cverali wet! wing and ... ill€""",",d pr~d"cti'Vit:l' of its emplo','ees. i\ceoHlingly, all fuJd-t-itBe--<li~
&hall aeefue Annual Leave The tenH H ArtFW:al-beava "shall ae used to designate leave-with pa)' granted-te-arl:
employee on ~11<l-feliowing prorated basis;
I
¥eSFS of IJninter-r-u:Rte4 i\m{){ffit-of-Arumal Lea,'e Mouthly-A€eFual Rate ~
&w~
I ~
I 6-+4
I .J+-l.9 .j 44 hours
I ;u)-veaf5-BF-mere 21 days 168 HOurs
.j.)--¥ea"£-BAininterrapted Sen'ice ··-· .. -AmeiHI{-ef Annual bea','e
.... --............. · ...... 1 to 5 years ef...ffi€l<lsW€ 12' .... orki~
· ...... -..· ........ ·-.......... ·-Me...J.4yeaI·S inclusive 15 wBrking da)'s
112
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
------15 ~e 191'ears inel'lSive~--------+:l8-wer*ing4ay5
-------;i2il-y<lat'S-ffild_<Wer 21 wer-kiHg-days
AnmIalc-leave may be takefHlS-BaBl€d-by tile empleyee::§lllliooHe-lile a!lprevaI-e. the Depart~i_~l
reErueSt~na+-iea_-be-submitted in writi~n-ad""HG&.--;--Bnly witll the prier a~
Head,and-l1j3en written·,reql!est in -advanee,ana at ule The--Direet<ll'=§hatl-oov<Hlle-dioc--f€tien--t<Hle:!l¥=fOOuested
Annual Leave whell-su~ests-<>enf1iets-with the needs--ef th e Denartme,*-anxi-loo-Gi{y,--oolw"niel1ee-Bf.tlle-C-ny,
It-shall-b<HnandatBf~aelJ employee to aGe all earned vaGatien leave eaGIl yca~~HsIi1er-11€*l
ann+ver~at~-A"y--remffi~1I be ealleelled. Undar-eK-aaptiooal-8fetHn.sffiBeeS and npen
wrltteJHe€ju€st within too year in whk-l1--#te-¥aeation i~il-l'l1e--aWffiVaHf tile City-Manager,vaeatfell
time may b@ e'Hel1ded-fBHhifty-f}O}-days-Bl'l~<leS-S!1alH1Bt~tted--l<rae€fne AllRnai--bca¥e in e"eess
ef-t~ffi--ffip se~ forth--abeve,
The--miffimam-lRlikJf-Ann""I-Lea-ve--tBaHnay-Joes-llllrge<l--le-<H1_f'l-etllf)leyee is :, llear-c-Tl1€-ll1-inimlRH-un+t
sf Ann"aI-:ro0a¥e--!Ret-lHav·b~d to aR e"emnt employee is 4 henr-Bo
Affj' earned and-£redj{ed-aHl1uat-leave--le-t~t-ef-an-affipleyee-\\'h€l1-tenHiHatil1g-€mplo)'mcmt-wjtlJ4he-Gjty-will
00 paid !,r-e rata at tll€-€lnpl~ff6Ilkate of pay witb-tbe-±ast-j'>ayeRe€I~t1l1al--1ea¥e-used-w±ll
.,Her:d prebatiena~qcH.valerat-lHtl11b<lr-ef-days. An emjllevell ",ilo separates from the Cit',' in go""
standing with aeerued. bnt "n!!SOd Ammal L-eavo sllall be paia for suta Leave at-tRe-amj3~ent'-fl!le oflli!Y£
Such paymen~'-ShaJ.l-b<Hs<;ned-aHile-tilHe-th€=€!llj3!~~l1al naychec*.
8,9 SI-C--K-L-EAVE
Siok-!ea-v<HS-lleerued-!>y-alI-regular-aod--eJfernpt-amplo)eeiHlf tho City and it is eredited-to-ifldWidual-si6k--lea.ve
OO""""ts-as-aec-fUod:. Part ti_asenal and temporary emnloyees a~ol'-Sielc loavo hene.f.i&.
&iek-·I€a¥B-ts-gr-aHted-t<H>mple)'ees whoa tho)' arc-illeapa%it-atod...fef.-.the.-performance of the-if--dnties at the-Gity
beeffiwe-ei+
a. The elHpleyee-'-s-e"'l~Hfl:iHrYt
Ir.-Pregaancy ol'-jH-egl1<moy--relatod%mplications of--!he-effiployee-er-e-mployee' s sponse,
c. Serioas-ilffiess-or-d€atMn-tl1e-en~·';mmodiate-famil)' (mothef-;-fatl1~l€f;
-----sSlis1st<>Olr,·,-ssponso, ehild,gi'ffil<lparer1t,olcdomastk-par4ner-(signif!€ant other) that~
---~J*6S"I1~
dc-At!OBoofl{)€-l!t-meffieal--Bl'4entill--<l*{ffiHnaBoos-ef-the.-ernplo),ee, omj)loy<>e's-st>ease-eHlH-ldrew,
sr
e. Any reason--that ~Halifies for fanli1y a~eave,
Siele leal''' will nDt be g.antBd te an---€l1'lpley<>€ who is no~ ayailable for--aelJe<l1!led---worlc beeansa
ef-a--l'€aBea-thaHB-llet'-listeJ-in-tffis.-pBliBy,
Repert-iRg-SklE
h--When-tile-neod-fer-si~~loy~iag siel, lea¥e-HH>Sl;-·i.f.poosihle;--oolnmooi<;a{e
w.it1,-l1is--or-hel'-tmffieeiate-super-v-ioor-befer~ning of th&-~effi-j3eriod--fef.-\\'l1ieh--lRe-am!,lo)'ee is
roquestffi.g-si'*-l€avo. Eaeh--department-wiiliin-tl1e C'ty may establish a spoeifw-time-b-y-wl1ieh-iffi-elHployeos must
!1ot+fy---tReir-su!,ewisOl'B-ef-the--.need--fer-siok--*"¥e.-Fer-eJ<anljlle;--the--l'ollee DepartlHeet rna)' establish that its
empley~-netifTll1eif..stlpervisors of.the need fef-5i€lHeave at least two (2) heurs-prler-to-the-begimIiag of-tRe
empJoyee'-s-sl1i.fh
2. \¥lte"'J--tll€--l'1€ed-fe~Bl~€-eH1playee she aid c-em!'leto a IeavG-fB<jaest form in-advanos--ef
t1~€Slod Ieavo, indieating the-reasen-fer leave and~-ret-Hm.
J.-All-omp I e ye e ' s failure-te-subm it a leavll--f0'J'l"St-ferJn-er-t-e-netiJY-l1is-er--her-itnmediato-supervisor-will--fesllit-.in
loss of eOlHpe!1Salion-fer4e-abseRe6 and-.lltflY-be gro,,"as for diGeiplinary-aetion,u1' to and~nclHding terminatieR.
4,-J-n all cases, an--omployee-ol1-Si4:--lea¥e-iiH'BSf'ensible for keepiRg ilis or her im~erviser iRfoml€d
regafding his er--ber-antiei!'ated-ret!!m-date. A .mIDc.te SigRed-by a physiGia~ll care Pl'<Wider
epeGi.fying-thO-l16ed-for-sick leave is reqHired...fer...all--.elHoave--aheeJ1€-8S-in e"eess of three (3) werk days, and fer
aheeH€es of less-thall-three+3j--\\'6fk-<iays-when-the-+!{.lman Resenr.e DepartmeRt or Depar~ment Head--so-dirents.
113
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
The-C-ily-r_iflS-lhe right ill ald-ea~~BB&S-le-El'lIlir-€-thaHBe-<lmj3iBy€B-be-eJ<amineEl-Hy~"
ph)'sicia" ef th&-Gity'+~Bre-le--j3F&vl4e-5-!!€lHl_iM--f)j~*"Fit-te-alHl*"mffiath;",-wl1""
''Gquired by th<l-Gi~~eHomp€ll£atien for suell-ahsene&iloo-l11ay be greunds for diseiplffiafy
aBtieH;-Ilj3-le-al1d iflGludh'lg-t€HHiHW_
5. When afl-employee-i-s-oH-si€l, leave-fer-Hlare than throo-(-3~ays,4Be-<lmj3iByee's-<l~
Hetif)' the Humm1-Resffill'Ge-Pepali'lllen( ill wr-ffiflg-of-tf>e-.r-ea5eR fer :lle employee';3-abS6ll€€-.
6. Emple)'ees taking-fH<lre-than twe (2) days ef sick leave fer reasens ether--tHan-tl'lcir"""vn-ildnoss llluSt ebtaill-the
speeifi€-approval-Bf-their Depart,_.oH'GetBr,vA'le-will-c-eRSB#-witb-tl1e-HumaH Reseurce Marlager.
7. Emple)'()€~Br reasens that-als<Hjualify fer Family an<l-MOOial-be~-te-aloo-afljlly-f"*
and ."Raust such leave.
8.2 Accl'llllHf Sie" Leave
1. Fuld-tiHle-emplB)'8BS-5haH-a£"me sick leave at the rate ef ane4i)'-of-si€k-lea-ve-J'er--€<!clJ.-ealellda'H'l'lonth-er
majer RaetieR efa ealendar manth ofeeRtinlleus SI3f¥ic-e-llBt-lB-el'Hleed ('Nelve (+~)-<lay&-jl<lf-year. Ifan employee's
staI'l-Jate-is-oo-the-tH--st-through fij~eenth of the nlOOth,th,,~e-4ay-Bf siek leave fer that maRth. He
~l-be-ac-€f\le<l for the Illenth if-th<Hllllj'llo)'ee starts a~t-h-Bfthe Inenth. Siek lea"e vAl-l-he
paiJ-Bt-th<>Bmpleyee's regelar rate-ef-pay.
~~~')'-eH~-an·te<l-~
3. N<>-emptayee will reGeive erediHE>war<l-si<;~al-f<ll'-tillle-J'lBHletBaIly-€;cflended en tHe jab;-eJ<eept
fuH!esignated Holidays, "acatien;-siek 1.ea"o, aHo atHer aullloo"Bd-leaves-with-p<lj'o
4. Siek Ieav€-Bltal-I-no( aGeruo wheB-llll-<llHp!eyee-i<;-BRleave withaHt pay.
1>. AH-<llllj'll-oyee-wha is terminating-anlplB)'llleHt-shall-Hot-aGen",-siek-J£aV<>-fer the final menth ef wark mTi€ss
tJl€-Gmpleyee werles at loast..fiftecH (15) work da)'s ifl-tJ'lat-mentho
&3 AeeHm'lllnred Siel, beave
1. Empleyees hired aftel'-Getooer 1, 1995, Illay ase,ul1tHllte-siell leaye withaut Jlli::!Q:a max-illlulll-eap of 512
~64 days), but ano w'll Rot be paid-f_BS<>d-s-iek leave lipan terlHffilltien~_"
2. Empleyees hired all ar-befere-G~""'Y'-aBe"ll'ltHate ullHse<l-siek-lea.ve-tB-a-lllll*illlul11-Gf-600
h<>HrS--alld,-BpBn-termiRatian of-Gll'lplaYll1eHt, will be paid for anY-BlHlS€<l-sick leave as folIa",-,: 0 t<r-5-yeHl'&-of
BBf'I-i<:-e---4%; 5 ta 10 years of ser"is. 25%; l.j)...t~rs af servise-5D%; 15 to 20 years af serviee 75%;
more thaR 20 years of sorvie&---l-oo%'
8.4 Aheses
1. AbBse af siek leave-pr-i-vi.Jeges Gonstitutes groBEds fer--4iwipliHll~'f;-Uj3-te-afl<l-j'l€!u<liHg-teTlffiHati_
~¥e ineludes, but is net limited ta, lffiin~foHlcllBfKjwlified reasan (i.e. siek leave is nBt-tB
be-used as an additioBal "vaeatioo"-day),e)(oessi"o use of sick 1_
net follewing apprepriat~r<>eedare for timely rG<jUesting-siBk--ieeaa>'I'i'e", -fnlOa-<-t -lobllr'm' >g"j<' ",,,;-H' l-ll-H<3te-"""'fl€rJ-f<l<jUClreEl-<3f
~-h&-<lapartment heaEl,-tlBt-felffiwi·ng-Gi~y in some mall"el';-<>r-fnillitg-le-ae<lBmulato side lea,'e.
8.S Retll-l'n to W<H'i,
I. The Ci~<>S-lh€-rfgHt--t0-f'*lnife-eR-f>IllPffi)"e-reRll'lling-ft'6111-llledieal lea"e ta preyid€-a-stBt-8lflffit
fi'6ll1 til e treatffig--j3hysk-illfl-rel eas i ng th e emp I ayee--te-retum-le-\'lBr Ie. Th e GlHpley<Je-s-hal1-be-resp€HloSiB1e-fer
OBtaining :he release at his-el'-ller eViR e,,~ense. THe City-r-sser~-afor-the-ffi'ljlloyee fer e)(aminatloo-lJj'
physieiaH£-<lf its ehaasmg at i_fl€HS€-f{lf--a(jditienal a~iHieR5-OORC-efI1ing-tBe employee's medieal fitness-te-J'Otuffi
te--w<>rb
8,6 GOllYersiaR of Sie-lH,_
Emple)'ees whB-ha¥€-attnined a siek leave baJ.anee-ef-a-'Hffiil-l'ltllH-Gf36 days (2g8 hmws)-shall-b~Be;'
first anniv""~HWlly-thereafter, following that--ac-Gllloo-iaoon, ta eenve~iHmBS<>d-siek--J.ea¥&
batanee-ffi-ellsess af288 he0l'-s-le-llflHB~f-fBur (4) days, with tke e"eepties af any-emp+eyee
wha utilizes in elM'ss-of-.thiTtY-{-321-houl'&-ci-siek-Iea¥€-Guring a ene year peded will not-be-eli~
114
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA TlONS
Empl~ay be pFo~eltuHit)' of aonatiAg ac~'€-lime to a d~..,_
O*tFaHFrlffial'y-eifeHms!atl<l<;s-fe<ltlil'e-#le-<leslgAateG-emple)'ee t~"''lHI'ef-k-<l_-e,aended, Aon-week
~HH:itlJT,-and-ler-eatastrephic eireumstan€€-a~~k Leave D8Rfrtie~ffiitlee-,
R€<j~B-t~mpJeted iA wl'itffi~_-fer-SiGk-bea'fe-A-ssisla!l€e-ftlf-!ltj-an4
BBb!"itt"a-t~ar{msffi--Head. IA reviewing su~;wat;eB-sl!a~l to the d~1ate4
employee's previous leave hi , ·llll.ess,iHtury, or eatastr-epl1i€-5ittlati~4lF-ttl-Be
eIigihl<H'er-Gity-Wiss Shm'0fi-.Siek--bea¥e,y_-iH1¥e-c)(haustes allisav. time-that-has-l7een-ac<lllil1lllate4
~ppreval, of leavo-appJie-atie!H€<jU€~lt-ef-bea~eation forms will be-<ltstriOO~ity-stni+.
:r-b€-Jenatien must be lnaee as a Ii'ee and veluntnfy-aOt--at14-Htl-dtH'0SS-Gl~J1-~~~
le-ffiake-wei1-donation ef hisl her accr",J<!-I~
~s are completes, they shall be fur-waF<le4-"'-tBe"~I'€e-.. Dapafll~J1ate4-tffil<1-WilJ.-Be
",'€<l~t-e~s~ln-tb~-eK~Bnatiens J'sceived-bHl--Het-tlsed-Eil1<He-tM
_plByee's early-reeBV"'Y, resignation, r-et-il_,-BJ'-6eatI1;-any-dBnatioa forms received b,,!-not utilized, will be
plaeed in a Sje~ .. m"*-R~e utilized for future re<jH€5l~
A-ffia>:1H1<ml of 100 ef donate<l--H>avB-tffi1e-witl-i>e-per-mitte4-peHB4i-vi4ual-f€<j:\les~. Employees '"ishing-te-<lenate
time-l_y donate up ~e gO hB<ll'€-Bf aecrued.Jeave..peJ~s1o
+ime aenated..for d,is purpose v'ill not-be eensidered-4ur-il1g4e-per-foFmaJwe rating peried.
'Ml'----.---FAMILY ·bEA¥E
As-p~d-by-lhe-i 993 Family and-Me4k-al-beave Act (l'M-bA), 2~#!""",1o-se'F (1995), all-eligible
GlRpltl)'ees shall-be--efltttl"a..;e-take ::p te twelve-fl-21-weeks ef uApaid.,-jOO-pt'eteete4-!£-a'le during aAY twel~
month periee fur spe<;..ffie4.-fo,nily--at14 .. meaieal reaoons,-'FB--aj3l'ly..for ... FMbA,YB, .. mus\-fefjUest-Bpdat€<l ... forms..Jfem
~an Resoure.s Depm1ment-.
~-new provisions to tb<H'amily bea"G-A-6l-tHa<le-BHal.1ge&-1e-ll1B .. mtlitar-y-leav. entitl<l!Rffilts-whe,-e·iH-eligi1>IB
"'~k-e--flj3-le--twe-Bty six (26) weeks ef leaw te eare..for-a-tnilita~l11Ber-dUfiHg a single
twelve (12) meHth-per-ie4
The-;;eGBnd-inililal'y-l€ave-entitlem€11t-helps fa",ilies of B1<llHllefs-Bf the }latienal Gua~e
their-affaifs-whila-tbe member--is-<m-aet+ve duty in suppeR of a contiHg€-nc-y-ep"'·at:en. Thi5-J*&VtsiBR-H1al<es-th<>
nermal twelve (12) WGFkwe€ks efFMbA~~al>le-tB-eligihle-<;J~s-witl1-a-c~ffiHy
m,,~¥iHg-inthe}lat~u~an~l1g-ex.j~
G<wer-ed-Fa-mlly-amj .. M€<ltaal-Reasens:
.j. A'1-<l.Jigi~eyee-sl1aJ.l-be--enlitkJ<!-t<1-twel"e (12) weeks of..u£.pai4-leave-4HriHg-a-l2-moot11-peJ%G-.fBr
ooe-Bl"l1~he-faJ.lBWing-r-ea_
-------<a". ---lFm'-ffi€apaffiy-due te pregnancy, the biFtfl or placement of a ebil<l,-pfooatal meaieal-BaFe-;
~-eare-(.Jea_ust-Be-talam-in-oonsecuti\'e \""~
-._--._-b. Te care-fur..an-imflle4iate-fafl1i.ly-memher with a-seFil1l!s-bealth-eoo4itienj-er
-... ----.... c. T-e-take--I1~h<*14e-empIBye<H5--UfJal7Ie-ttl-j'l€l'feffi, .. he-fu±wtioos-efhi&haF
-_·-.. ·-·-_·--jBl>-beeause--ef a serious healt!~
.... __ ........... -_. d. Eligil>le-eH,plBy_ith a speuS<>;-SBn, daughter .. er parent on-aetl¥e-ElHty-iH-tIlB-Natkmal
~11 suppeJ'l-Bf.a-€entingency operatim~~~tr-al1d
Felated activities, aHanging fur-ak~V€-GhiJ.deaf&,-attending certaffi-€OOH5€J.il1%-il€55iaHS;-attelltiiHg--pBSt-
depleyment reintegratioo-el'iefings and-a44itienal acti¥itffis-Het-€~he other c~re"a..;e
l3y-the-<;J1<pleyer U1Jd employee.
115
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
-------<e'".---C.JT~_wvered seFviee m€11~clr-i5-\ffidergGil1g IR€1Iieal--lf€a(m"Ht;
reGn~""eF-ther-apy-Bf is G>!!patient statas or is on t""'J*'f&Fj+-<li£ability-retired list (i.e. ffia)'-tal«,~
~ea~
2. For parposi3&-Bf-tflffi-l'olie)" a serioas health eonditil11H;hall be defined-ifl aseordanee with the FMLA.
€ffipJeyees-wi!lHjuestions abo>!! whethor-speeifie illness .. , jnjnries, iffiPairmeHts, or ph)'sieal or ffi.lltal eondit:ollS
",,~ooer this polis)' or ander'-tlle City's Skk L~ are eneoaraged-te-fficet witH tae Htlffiall
Resource Manager.
Ernp!ey*-Eligibilityt
I. An _play.e shall be enlitl€d-te-faffiily leave wl1Bn-h€fslHl.meets-th<H'Bllewing eriteria:
a. The effipley0e-llas-been-ernplo)'ed by the-Gity-f<lr at least twel-ve-{-hl}foonths-pr.Jer...te..th"
leave. Th<HweJ.v~12) ffionths·ffi. employmeffi-By-the City d<le&-tlOt-lwed~-er~nplo)"'"
Wa5-<l1l-th€-J*l'Yf<3lJ..fuF part ofa w"ek,the-CHy-wtJ.keHnHae·elltir~-eensi<lef5--fift)' two (52)-'I\-*s
to1le-€<jBal to twelve (12) ffiGllths; alla;
b. The empleyee has worked at...j,,"~fs aaFmg :Ile twe1-ve (12) ffiolltll peFioo
immed.ffitel)'-pre-c~e...J€il¥O. The 1,259 heUfs-ill€ffi<le-ooJ.y-hooFS aetHall), worked. They-d<Hl<>t-ioc-lH<'!e
¥aGat-ioo-t1mB, sieh time-ef-P6Fs9nal time.
e. \Vhell both SpOHSeB-a~y-the-£-ity;--fhey--8f€-:ieilltcJy--eH#tled-to·a~al
~-wBl'k-weBks-Bl'-famjJy leave foF tll.o1lH'lh·<lf-pIae€_-ef-a-€hild foF adoption or foster eaFe, or t<l-sare
fef.a.tJaFent who has a scr-iBas-heaJth.-c-<lHditi_
----G .. leulati~
i . Bligihl Ive (12) weeks of leav~g-an)'·-t_l¥€-(-l·2}·1ll<Jlltlr.j3eri<J4c-+he
twel'l'e-f+2}menth period \\'ill""~ing a "rolling" perie4--beglnnffig-<l1l-th~_i&-reEl'lested
~e!lding bacle twelve (12) lll<l!lth&-N<HllOre than t\Vel'lle (12) w6el<S-ef-l~€)'-lllay-he taken if!
an)' twelve-fh'.-)~
2. Bach tiffi6 an effipleyee-w.res leave, the-City cOffipntos the amoRnt ofiaav<l-the elllployee-ha&-takeH--lffidef
this-j3<li~~-l-2+w~llB6·remaillifl%-is-th~he-erllpleyee is entitlt>d
to take at -that-time-,
Maintenance ofBelref-lt~
1. An employee shall-be entitlea -l<7-H",ifltaiR gFO"p aealth--ins<Jfall{;e Boverage "n-the Sall,e basis as if helshe
had-eentiffiled to work at-t'he City. To maintaffi ani!1lerru!'te<k:~ployee-win have to eontfn.u<l--te-fl")'
hisAler share of inS"Fa~ffients. This-pfl)'ffiC!1l shall be-Il'l{'~' by mail 10 tho
~ffienl b)' the-fusl'-<ifl)' of eaeh n'effih. If the empl<l~re'-than thirty (3Q)-days
_~1-tho eoverage wiU-be drop!,oa By t~
2. Iftke elllpl~nforffis tl>e-Gity that heishe-eees-nol illlena t<rr-elai'n-te-werk at the end of-the-leav<r~
the City's obligat~~H£fits-ellds. IUhe employee chooses nat to retarn-ro-work for Feasal1<H1tllef
than a eon:i"a.a seriOHS-llealth eonciition, the Cit)' will Feqltire the employee -te-<'€imb\lfSe-!he-C4ty-the-affiOOllt-l'he
City-eontribatea _fds the employee-'-s-health-insBffiooe-ffi!l'i!lg the lo.ve peri<ld.
3. If the-employee eontribates to a lifo insHFance-er'-<iisability plan,tlJe..City-wil+-eoot-ill_kffig-pay,><:>J.J
dedu€ti<l1l5-while the employee is on paid leave. While the-emple-)'€e--i~~he-Git)'-"q~
tl~ll"",-ro-make-those-pfl)'",ents, .lmlg-with the healtJr-eare-pa)'m·en\s,--I+-th~e--dees-+1Ot
oo~yments, the City will-feee¥er-the-p'Yffiell:s at-the·en~od,-iH' ffianner consistent
with-the-1aw.
1. Ceroai~fI~ch as seniofity-llla)' not be acemed-dllr-ing-tl1O-l<*l-ve-peri<ld.--Gther
benefits-S1leh-as-the-aeGFllaJ-el'.seRier.j~g leave. Howo-ver,tlJe-.use of faffiil),-'W-llledi<ml-l_
wHl-Bot-be-€OlWidered a break i'H-SeFVice Whell vesting or"",ligibility to parti<3ipate ill beoefit pFograms-is-beiBg
detel1B:ined.
------
Iki",stat-eRl~
1. gjigiblc emplo)""'s (ife eRtitlc-d-1lj301H~~ated-t-e-{l,ei'f--fer~ti<lfHlf-t<l-al1
eqffivaleffi-pesitioo-with eqHivaleffi-efHpleym~ay, aod otaer-terms ana eOllditions of empleymoo!;
a£Coraillg to the provisions and Iflllitations of tile FMLA.
116
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
&'---&~ls-lnay-<lj'll'~ifl-highlr-''J'OO~def-Ge!'laifl-€ofldi:ioRs. In-a4Jitioo.;
emjOl~ten are Rot guarafltee<l-r~_h-If you are a "key eml'l~esGfihe~
&25.217 ef.lhe..J<MbA-r.eg*latiooS;4~"ffiliflfl-te-elfljOloyment may be denied [e+lewing FMLA lea¥e-flfl~
ihaHH;efi-feBleratiefl will GaBse subst"fltial afId gl*""llS-eeflflemte-if!jury to the City.
~f-l'aid aRe Un!'ffid Leave:
1. AG.rued sid, leave HH!St-be-tJsetJ....ffif.-al'Y serious nealth-€-eEGitien afId HIll)~be used, at the employ'*""
Gis,",etieR fer the birth or plaGement of-a-&hlld~ed aHnual-kave mHst-alse-ha-Hw4-fer-e,'Y family or med·k-at
lea~an-empleyae-llas-a%f~&l~ve (12) W6€~~ leave first
and-take the rBHlaindef-eHllB-twafva-8'21-we~ai&l_
2. IE Gertain-eauas,iEt€l'mi_e-efthe twelv<>-(~Uamil)' er medieallea,," or a part ofa red«re<l
_fk..week may be-nl~hc City. EmjOleyee&-wi&hte~-us~'llittefltly oHe utilize a-r~Ei-w<lrk
"'"ok fer birth or-edej>t-iflfl..;>Ul'flooes-will-naad-t<3-diseHStr-Sooh-l!Se-with-the employee's Departm0flt Direetor arul-tha
I-HH'll~Ul'<le MaBager.
a. Employees fl~ls0-\!B€--'fuHlily-<'n'-lfleJtea!-leave-intermittentl)"-9F-as a part of a r<lJ«re<l-w""<-Week
~,_essary. If the need te use laav<l--i£-ffiJ'eS€€ahle--and~flfl€d-afIJ
pl~ed-lBedieal treatment, thon the-emjOl<lj'€<3 is respo"si~Hlnt-iE-fHl,",flfl€l'-that-<leoo
neH!JHIHly-di&r~t)"s eperatien&
4, IH seme cases,the-City-may-lemper<'lfily traHsrer alHl~usif!g-intefHlitlent-er a redueed-wBfk-weelHe
.-differeHt jeb -witlt-equi.yaj€l1!~efits if anether-pesitiflfl-'VI'eald better-a€OOlBHlndnte-the-ffit<lfffiilwnHlf
r-edt~ednle, if app,'<Wed-hy-tha-Gi~
P-RGGEDURESt
----··----Re<tuesting Lea"<l>
I. AI!-l1lfljOl~"'JH€stiRg leave Bflder-{his-peltey-;oost-Gflfllplete-thc-J2afflily-lMe4i&.,*~ea¥e-foRn-a¥ailnhle
lfBm-thc+l-llmafl Reseurce Departm<3l,t.
2. When-afl-empleyee plaas to take kave uneeHl~i<l)', the em~-lB>lB!-give-lhe-City thirty (30) dnys
aeties. If.it-is Het possiblc to give thirty (30) day5-l~-the-empl"ys<H'llllst give as ''llooiH1eti<;e~
eml'leyee-nnd~i'I~edteal-treatment-ls-l'equired-t"-l'llake-a-r-eiJSoBable effe,t te schedule the treatmant-te
lffit~-e+sFnpti",~s.
3. \\Q,ile en leave,e~s may be-requea({ld to report per400iGally-t<>-the-Gity regardiflg-th<Ht-..ef'4hc
medieal condition, ane-thciHHtent-te return to worlc. Employees will-l3e-ndvi~y",ueh-req"ireH"eflt-dnFHJg
their leave.
4. On-ooeasion, the Cit)'-lnll)' require-tll€-~etice e[the Heed te utili;<:~~
pl!SSible to kflew-befureha'lld) afId/or may-re'lIHfe--the employee to proviJe certification of all en~
immediate fumily-lB<lHlhet~rieus health cOlldition by a lieensed health~~1pl<lyO<l-sha~
reapflfl4-te-sooh-a-re'lU€&t-witlHn-fifteell (15) days of:he reqU€£!, or provide a reasell!lble elCplafiation fer the dslay.
§.,---WAert-s<>el<it· 19"CG€crt;jj" fieati0n of a seri"u~l-oondi:ion, an emplo)'<le should e,_re that the-€€tiifiGatioo
cOHtains :he-foll.owffig;
-------;;ah-. ---JD:;}aatto-wllen the cendit-iflfl..Bega~-e"fatieflj-aHJ a brief stalal'llent-<>f.treatnwHh
-------{b,~. ---JI~f al"ploya. is seelciHg medtc-al-leave-f,,~~al-eeflditiflfl,-0eftifteatj,,"
&h011l<l-ffi~ the ell1ployoe-is-uHnble to perform-eoo er more specif~tial-f"'l1CtioHs of -the
Ol"l~
-------;;G;,.. ---+FOl'-il serio"sly-ill-family-membar,tl,e-€Ol'lifieafie~HJBt-thnt-tha
pmi0flt-requires assist_<l-that-th_jOl<>y~pf<3S€nGe woul<l-b<;-beHefi€iaJ or desirablOo
d. If taking inte,.mittellt-Je~rlciHg a '~Ie, GertifieatteH sheuld il1CfeBe
<lates-aHJ duratio,J-&f-treatment-and-a-statement-ef-llle4i€a!-H€€<lssity fer taking illtermittent-J£aVa-{)j'-Wer.Jciflg-a
rednc-ed sshedule.
6. If deemed-neGGss6f)" the City may ask fer~f1f1,--+he City wil.l pay feHhc-empl<l)'6€ to get a
co,tification from a secena aoct{),,;-which the City wi+kale~nfliet-bet_en-thc-eriginal-e<3Hifi<ltttieH
afI<l-the second opiHioH, the City-rnay-reqU€st the opiniofl of a thif<l doctor. The Gl\y wjj.j-~Hhe-<>piHi8H. The
third opini~BsiJ~h
117
CITY OF SmiTH MIAMI PERSONNEL RULES AND REGULA nONS
+e-es!ahl~li<T'ljljllieabl€-tB-a!l-Gily-ef-sootl1-Miami .. elHplBJf<3€~llg-t'he assignlH0!lt-eHFaR£itienalll-igllf
4Hty-tB-t0!Rpoowily4sahled-elRlll~
I. It is t'he-0!R~peRSibilit)' :0 nolify-l,is or her imJoo4iale-sRjlBrViWI'-within twenty...fw~ffiIfS
of an)' injtH')H'Hlllle&H_'0El"BH,{)f-eff{lt&:iOO .. wIli4,are-reaoo""hl)'_J*€l00-tB-laBt#H--<~
salCBdar days or which are rcawnallly-e*J3<'0le<!-t<J-reS\itHll-ten (10) or mer-e; __ #Ve days of allsefJee-4fem
work duri"g any th~) day period, i" ad4iIi~"""",eporti"g obligations necessitated by f1orida'-s-WefI(-ef!;2
GempefhSationlaws and-aI')Yllld-al.J-departmenl-jH~res regarding "",+ficatioll of injJJr-y or iIllles£.
2. It is the immediat~fl'ln;;ibility-te .. netify-t!l€-Gtt~n,an-Resource Manager, or Ilis or her
de&ignee-within-tw'"'tcy-foor (24) houFs,ef.any-emp~as-been or is-reaoonabl)' e"p~red or iII
fuHIu-ee-~Hl,eHI censecutiv,,·-ooIe~r-wh<rHas-OOen or is r-ea~~eeted to Be absent-f_T1-WOf~'
fei'-ten-fW1~en-oonsecu:i\'e days-dttJ4Hg-aHy-tillrt)' (30) day-peFied, regardle&s-<,r..wheth€f-tlte-i~
ffijtJry-is-ineur~tlle-j<3lr.
3. 1: is t'he-+ltlman Resolli'cc MaRa~lffibility,'0f-·h+S-0r-h<l-Hlesigllee's respeHsibility, in conjRfJ€tiBn
with-th~d :he em p le)'~t1lIfl€4iat~,-te-det€!'fflffie-the-e&s<l-l*"'l-fuJ,c{iens of tl,e ompleyee!s
regHlar-pesitiBH,when-fJ€<Oessitated. by-this-I'eH"l"
4 . Jt.-is.....alw-the-J.-!lJmaR-R-esE>Uf0<l-ManilgeJ"-s-TeSj30Hsihility, or his or her desigaee's-respensihility,in
oonjunctioll with the-e~10-0!R~'n,~""sor, and th~edioal providilF,tB
dilte!mine-wIlether-a-tr-ansilienal-Bnty-aesignmefltaYiliJilhle-wfthiH-th<H\Jllpleyee's restr-i<o-t,ie!lS;-When-aec-es;;ilated
by this Poli~""J~nager,el~l,~g""€-;-io coAjuootion witH. the--enlj3k>yee,t:l!il
~-!)irector, the emplny<l€+iHHnedi~H<l .. !ll<l-emp!ey{)O'S lHedieal-previd~U
Be-respensibl e f€f-dater'fHining-t1le-HllIllbe!'-ffil4-SC-epe--ef-tJ'aasit-ieaal-aiJsigmn€!lts-il"~ith-t'he City tHat-are
withHH'he-amp~'H*restrictioos.
5, It-is-tl,s respensibility-Bf.al.J..Gity-efJ>pleyees to adhere te the J'0~s-I'effiT
Gefieili<lflS7
"+rHHsiliBHal-duty" is a-ratUffi te werl, program aesiglled-4o allow empleyees-wh~~l
reatFi"'+nns to cont+nue 'lI'orking wh~>g-fi'6fJr-an-eeeupatiooal or·-n<lfj ocoupa:ieilaHojuFY or ill_&.
TJ'aositiolla~ .. be-ref€!'f€d..lo as "light duty,"
+ransi~r-efeJ's to :eJnp""alT"£&igmn€£tS,4'he assigned-tasks of whic'h-ilJ'e--physieally of-mentally less
aeJnaRding tllall the esselltial fu""liens-ef the employe{)-'s-regulal'-posilioA. "'fl'aHsitiBHaHlHty'4""y also eonsi5t-ef
merging several job fnnatieHs-ef-w.rious Glassificali<Jns. "TraHSitienaI duty" ean als&-ref{)F-te--eii-eUlnsBHl€€S-in
whi~'-l'CBlaias-iA his er .Jwr-rei3'fl~iOll, but the City temporaJ'il:Y-""~t-<lllTpleyee-frefH
perroll'Hrng thC>S€-e&5CAtiai job..funatioAs :hat sihe is-nnable toperronn iB-h+s-eJ'-her regular-positioll. 'fl-ansitional
duty assigmneet5-lHHy-be-ootside of aA empley~laJ' work area,
1=i:at'lsitional dilly assignments are net perrnanent-jebs.,
P-eliey-arul-P-I"'eeGa-r-es
,I , Eligibility
a. This policy appli~-C-it,y-amployees wRo-sustain-an .. inj"ry-er-iliness on or 0ff{~
b. An-effipleyee is eligiblo-fur-tHmsitiBHai duty iftlle-€4Bployee's injuty-el....j1Jness..eauSC's-the--enJplo~
teffij3er"'''iy-lloab Ie to p""fer-m-!lle-e%5<l!ltlal-f{~l€!' positioo with-eJ'-Wi4eut-reaoonllhlil
aeeeJl'Hnedat~~y"" te be uJlHbJa..te-perfefm-weJ~ise availaBle at the-Ctty.
c. The City is ~ligatBd-te-pJ'eviEJe..tRmsi{ieaal auty to aA)'-~
d. The Cit)' may reqaire the employee to sabm;t to a Jnedi<l-aI .. e,"'millatien .. t(HI£~~lity
te-perferm-th<HlSB<!nliel-functiollS ef his Br her-reguhn-pesitieH-andl<w-Gef'tify·;Rg-!he en-opJo)'ee's ability to perfefm
the--t'>a,,£itieBal alit)' assigllfHeHl...........:r-!J<>-Gi.!y~uire the employee to provide-peFiediG lipda{CS fi'om a
medical previaer-re certifying the-€fl,ployee's inahility-te-peFfenn the essenlial fUllG:io"s-of..ll~-egHlaf
pesitiell-aadief-eeR#yffig-t'he empleyee-'8-ilhilit)' to per..feJ'ffl-tlle traRsitiBHal-dH:y assignJHCBt. If the empleyile-is
reooivi~-Bffij)<lnsatioll beRefits,tfle..Gity-alll)' J'oq"jrc the empl~B-BlJtain Gertificatioolre ceJtificatiBH
frem-.the-emp!oyee-'s--wefkers' compeAsatiell a~Fevidei';-1lnd!Bl~~'
oolltainffig-t'h~ecifio worl, r-estr-ie!iens.
A¥lIilabilHyAlnllYflilability of Transitional Duty:
118
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
H. n'aflffiBB,;aHluty-v.4!h>nly-be-pr<wi<l<xHf'-aB<l-as-Mng-as-the-emplByee's medieal restric-tiBns-ean-be
a€c-Bffifll~n-tlle-!€~~c--As--an-e~J.-r-estr-iGliBH&-aHEl
estimates of the date Of-l'Sluf-n-te-!'BlJ-.ffiJty ehan~I'ffi¥i&iB!l~iflOOd provision Of--tfalWiBeHal dH:)' will be
l'B-<lvatHate6.
9. If-1lH employee is medieaIl)Y"€S!-l'i€ted fTom wefk-i~ha-smH€-HlHHber of hOHrs per-week-ifl-t,'llHSifieHat
dH~~.Jred-ffi-Bi&-eF-ha~!'-iHfaHsitienal dBly within-tlle-mHpleyee's-mMiBal
resffie!ion is only avaHable-fBf-fewer hOBrs jlef-WeeJ<.-thaf!-tl!e-.elRplB)~f-her--regtt!a~
emplByee-wHl-be-re<j&i~"" pBrsBallt-te-the-f"'~€t'-fFMLA), if available;-te-aeooHHt
fBr--aR)'-di.ff-6f{l!l6€~~Hffi-i'BgB-larIy--werJ<.e-per-week-¥efSUs-tl1.€-"llHw€f--B4'.hours worl,e" perw<lek
iIl-tr-aHSitional dHty. If the aeeid<aflt--er--t~l1.€S£-i~ee-!~gible-te-J'8€eive·-Bldemnjty
a_fits provided for by-re.Jerjd~r-kel~sati-.k>ws.
e. Por afH3ltljllByeB--whe-i%-Ullable--te-peffeRfrlhe-esseHt-ial..f'UflC-twlW-<>f.l1.l£-BH",r-reglllaf-pes-iBen-wi{fl-er--w#!"*lt
an aGeommooafieH;--and~I-dHty-io-not available,tl!e-empleyee--ffieutd-diseHss with :ha-H_
~oHti"--arha,'-designee~ale-avail-aaility-ef-allBther regBlar pe&itWn-v.<ithinctha--Gily-te
wlHeh the emploYeB-<lBlIle-apply-;--!€a-v€--jlUfsHant to the PMbAj--Short Term--Pisabilit), benefits (ifawJieable);-a!lfLler
W-al'k€rs' COHljlensat-ioo--benefits. Eaeh Gffiployee's sit_-ieH-witl-be-ilandled on a~-ase basis in aoc--ard_
wAA-tl,e City's jJBlic-ies-anMederal, s:ate, and loeal-Iaw.
~-. --PIH'lI{-ion of Tr-ansitional-'Dlttyt
a. The-City-w-ill-a.j.j{)w--an-empleyee to perform transitioool--dut~a+-to the em~ed--af
rebabilitatioo-er--fuF.tl-H1€l), (90) ealenaar da),s, wh-ieba""r-perwd is shorter.
b. !Hit the eORGlusion of niflety--f9O)--d~iHffiabl{)-te .. "etnfn--to-hi£--er--hat'-l",glIler-pe&iBoo,
nndeHpeeiaJ..eitGuHlStaHeeB-;-tl_pl-ayee ma)' r"'l"est-tI"'"£~ty-t{)-<llHend-the-tfall&iBooaJ-.dHty-as&ignrnent-by-th-irty
(30) days.--Tbe--speeia-l--eireelRstances mnst be snpp0f!ed-hy-dooHfllefltatWn-fi--em-the-empl-ayee' 5 medieal-prev;d€f
ifld"""tH1g-~oo-is--ex-peetad-tB-l'B!HFR to full range Gf.-dut~~l~n of the tllirty--f.'O)--da,y
j'lel'ie4
4. Proeedu;-e-f~jllg-a-+mnsjt1'''la!-l)uty Assignment:
a. When-an-empteyee-hecm""s-awar-€-ll!atha or she is or ff!aj'-fl,et-be-abl~lH>e#OfllfH>ne-ar-mere-ess"nBaI-joo
functions of his or her regular--pesifien or when a supewi59f--h€C-<lHle~t-a~f-Hlay--H{)t be able
~-ene-ermBl'&-B~Bal-j-aMHactien5--af the employee' 5 regnlar-p~rvis-af-Shalt--HfllR€diatety
fl0#f"J/-the-I4amalt-R:eooHfC-e-MaH~~ng of such iHformation.
b. The--Hulllml-R-e-sooree--MallClger, Of his--er-haf-.-d€&ignee, will meet with the empl-oyee, if app''''J3fiate;
regatdillg-the--employee's abilily-lo--p€l{{)fm the essential funetions ef-lhe--peeitioH. If necessary, the Hu!llatl
Reool.lfee Manage"-,,,qtl---deteFRline in Wfi\jng, ill eonjHnetiBn-w+th-lhe employee--and-the--empleyee-'iHmmediate
su~ffiaJ-.fun€t-ieH~-pasitien.
e . The ... elllplByee---witI--then,~f-al'j9l'Bjlriate,----meet-with--hi·S-{)f her trea:iHg me d iea l-previdel'---l'Bgfll'dingcthe
mtljllByee's ability to perfomHll<HlSSential funetions of his or-har. regulal'---jle&ition. It is the -treat-ing--med-ieal
pffi¥ider's responsibil-ity-tB--det€fll1ine in writing on a fBfHl provided by the City, or on-all-apprep-l'iate 'Nork Statns
R-epert-F{)fm if the inj~",~ess-is-wer-k--r-elatOO-,whether the e,tljlleyee-c-an or cannot perform the esseHtjal
ful1.€t-ieHs--af-the~-egnIar-pe&iB{)fh
d. If-tha-llledieal-pr<Wider-deter-llHlles-tha!--tha-emp!oyee is able to perform aU essential job functions of the
e~reglllmc positioR with or witho-ut--r-aaOOllahle aecomlllodati-on;-t!le-eHlplayee-shatl-wnt-inue--in-lliB-lli'-ll€f
regBtar-pBs.ffieR.,.
c. If the medical j9l'B-'lidmc determines that the emplayee--is-llHahle to perform Olle or mere-efcthe esseRtial
funetions of the emplayoo'-s-regular position, the--medieal--provider shall state what medieal restr-iGlioo&-apply-te-tha
""lpleyee.
f. If thG-€!l,pleyee'-s-medical prGvidor---determines that the emplo)'ee CaIlH<O>I-p€l'forlll Olle or mere of the
esseHti-at-full.<:-tie-ns-ef.tll€--elHpl-ayee'-s-reglllar--j3es-i·tien, the HHmall ResoHree-Mallager~gllee,--iR
eenjHRction with the employee and the empteyee's Department Direetor-(as well as the tTeating-medioal proviaer,
wheHcll€C-essal')')-will-d€t-ermille-whether a tnlllsitiollal dnt)' assignll1C1lt-is--ffi'ailable at the-C-it,y-with;n-tha-empl~
mOOieal restrieti~-y,--the-employee sball-agaill-€0flsult-with his or her t''Batieg--physieian tG-<k:ermine
:he emp 1-eye<>'-s-ahi!ily-t-a-perfeHn-tRa-t"lHlsitiell.al-dnly as signm eat.
g. As pertef-tr-ansitienal dHty,th<H!tllployee mnst be able to perform all of the assigned taslcs of the
transitional dnly-assignment a:-the perforl11ill1.€e-i~"I'eeted by maRogemen!.
119
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
5. Rate sf PaY-<HH~-<HlSiti snal Du{~f-(lj'fe!'ed_d-a'"'-ej3te6,traHSiti<ma1-4nty-a.ssi""HneRls-are-j3aid-a!
ihe-Bmjlley~lar-OOtH'ifmt~ay,
6. Terl1lination sf Transitisnal Doty+
a. Oeee a transi':ion~nifla~tJ.I-F€~his or her regular posilisn tHhe
~feFm-tl'l€-BSS€ntiaJ....ft.toot-iens of his-eF-h<lf-F€g6lar-pesitien-wilh--er-without reasenable
aceommoaat-iefh--l2rier-te-r-etuming Il,e el'flployee-te--his-Of-hcH'€gHlalfooit-ien,the City shall require Ihe-emjl'leyBC
le-jlfo~lion frem a-fll€<iisal-jlf<l¥16er eertifYing Ihc-flffiple)'ee's abiHly-te-pel~{al-ffinat1ens
of his or heHegtllar pesitien wjth-ol'-witlhout_~aatielr.
lr. .... --A-ny-emjl40y0e-whe-I"maiB£-ufl~jlBl'*""n-the·-e~-urn;jjeHs-ei'-his or her regular pesitiBn-witll-Br
witheut-afrae£efl:mo dali en-at-lhe-c-el%lusien of Ihe-traw.;ilieflal-EitltyfeFiBd-sheuld-discuss v .. ith-the-j..juma~
MauagGf-;-<fl'-his er her designee, Ihe~iIa&ilily-ef-4oa¥e-pul'5B1mt-te-th€--FMb-A-eHhe-Gil)'.'s-Gi~%e
~hert-:r-6l~l7ili!y-h<lne-Hts (if app I ieable},-afl4'Br-Worlcers' C(Hnpensaoofl-b enet1:s. -Eath emp loyec-'s
situatiee will be-handled Gfl~y ease basis-in-ac-BOI-daAGe-With-the-C~s and federaJ,atale, aI,d IBGHi
~
e_ If nene-ef-the-aller-ru>livcs-li.stecl-ill---tl'l€-abeve--parngl'apll--is--av"ilable fur the empJeyec,lM Cit)' may
ler-l'fli""te-fhe.-6lnplB)'ee-B--em--empklymenHlfl!ess-th<I-elflpl eyee ;-l+-iOOHtifies--fuf-the-Gil)'-BflBlhaI-regular pesffi""
whklh-is-av<Iilable-at-the-Gity-afld-fer-whieh-,he-Gity-is-then-ae€€pling appltc~l",,~ati&lics-Ei'l€
miBimum qtlalffi€aliens...[Bf-the-pesjtieI¥,--3}-is--{Ibl<He-perfBFm :he esse!llia4...fooetisll5-ef-the-epell-jlOOitjB"-w4th-,,,
withoul reaseooble-awommooat~-submits aA appJi<:alioe fof-the pesition;-afld--5) is sele6ted-fef-{Incl-B~
pesilioo-aft-er-erlgaging-if!-aAY-I"'lBired-eempe!iti"~7--A-fl-€~fBI~it1~-have-hi£
Of-her pay and -OO!l4its-a<ijBstOO-for-the-new-pes-iti<m7
7. Refusal of Transitional-I)ut-y;-A-n-'''''l,le-yee--I8€eiving werkers-'-sompensatien-oonefils Gannet refnse a
Ifall£itienal dU:)' assignm<mt unless supperted--b)'-ajlprepr~,,~elHfl<lllt"t-iefl-fI'elll-tlho-""'Pleyec-'s
medical pre¥4d8f--S!aliH·g-lhat the emjJIeyee is uAable le-per-ffifHHhe-tnmsit-ieool-EiBty assignment or unless sBpported
by a cert#i€a~eal provider SUppertiflg FMLA leav.. If Ihe empleye~ooit-iefla1-4nty
as&ignfHeut .. ""itllool such dOeumentatielt;-aflJ' workers' cempensatieH-bellefits Alay ee terminatea, as aJlewee by-law;
and :he eHlpl~~t<HliSGijllinary-a€t4efHljHe aI,d inGluffiflg4eFmination fi-om .InjJloymeBt.
8. A~~lieability of Peli~his policy applies 10 all 8l'fljlleyBeS snITentl-y-'O'€fking iF! a-light-Eiut-y
sapaeit)' or-whe-in-the-lUt""'-I"'lHcst-lighHltlt)' werk. Ac-eo!'f!ffigly,-aWaper\meHts havins~e-is
~rreHt1y wo:-king in a "J.ight-dnty'-'-Bapaeity-er-whe is (are) not pel"foFming all of-the-essemlal-fUlMiens of-his
er-heHe~sitieR(s) beGat!5<>-ef-an-iFIjHf"J'-fll'-iIIF!ess, whether ineurr<l<l--e!l-8l'--eff-the-jeb-afld-whefh€F-il~
prief.{~(jw--effuativ<Hiale-{)f-tl'ie-peliey, shall Fe evahlate that p.'OOti€e--in-Bel'!furfHity-with-this Poliey,
9. ·--"~de---E-m -itte<l--4e--hBld---an-y--emjJIB)'m€flt-etheHllfI"
em~leym eAt-with-tll€-Gily--whi1 e werlcing-in-a-JjgllHluty-sapae-ity--with-the-Gi{Cy-witlhout-eblaieiAg Pfw-written
appF<Wal frem Ihe Gity-MaItag_
-lOW.O~--COMPENSATION
A-ll-fuH time emp!eyee<;-are-<;-evered-by-Viorkers' Com~ensati{lfl LaM'S anEl-are-aItljtled te eone-H:s as provi<led-ilfl<l
li~~jl'ley~bled aRe 10 jeb iBjur)' and havin~lafJ'-SOlfljl8FIsaOOn
beneHts-uncler Work61'S' CompensatioA Laws may receive Elisabilily-leave. All ~-ecGur while-on duty,
m-ust-be-reperted imm<l<l1ately--te-<me-'-s-sHpeFVffieF-wh& shall forwaI-d-thecsame-t~"'11 Reseur.e DeJ9"fH"8Rt. The
Superviser shall-ful4ow-.np-with-im-ifl-vesligatien-as-pF€vided by-the Cily'Hlafety-P",-egr-am-aJ1<l-forward-~t-tB---lhe
Department He",a4d.~--
-1M ACC..JDENT REPORTING
120
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
~1'-ifljHr)' Elees oCCUF,iI-frHffit-oo-f€j3~€e-{B-lfle SupcrvisoF-,",<il-l:~£)eJ*!fl_
wII{) 'liill see eha< p~'-llWdi<;a1 attention is pl'O¥i40dri-fle supervis0l'-Will--i3<H'€sponsilll€-lBl'-C-{)fllpletioo-sf
necessar), prelimi"ar), fOR~
An employee who -sffifeFs-an-on the job iajury requiriag-;,mefgency medi€al-treatmeat is authorized-te-ebtaia-tl!fl
ernefg€l,~-y-treaement a< any-leeaJ-hospital emergensy--l'6{)f!1~g-this--iaitial emargeR£y-\l __ , it is reqHireEl
that, a drug test be peffilfB1{){j,<ul-iOOicated in the WOfker's COHlpflnsatien-pr-ecedures. If the em~er
er-fflllew-uj,,_fflf-the--H;jury, authorizatioo_'-be--obtB.ill€d-ffem-tl!~B.n--Resoor~_fioiel'-\e
engagiag-the-serv-ioo8-of a physician anEl lor hospital. l'ailHre to Gefl~-the-employee boing
par5{)flally-respoosihle-4Bf-payfl1€Ht of tho medieal serviee--
l'l±ll-ti~~!he-job-tl!~"'ffi'-<:led salary' eom.p0fl5atien-u~mpoosatieH
!aws-may'-be-el~plementar)' comp eHSa\iflH-B.s-fullews+
fl.isabilit)' leave pa), shall be computed-ffiHhe--OO~er-enee--be!WeeB-ll1€-regular stT·aight-eafll±ngs-ef'-tll€
e!ll.J'Ieye<Hlrrd-the--oonefie; paid--un<iler the Florida Worleer's-Goffil'0fl5atien Law fuf-a-ma"imHm perioo-n{)t~et!
ninfl-ty-E9O)-d~ iniar), iR a caleRdar yeill' ef-l'linflty-{-9O)-days per injur)', wh-i<lOOv€Hs--Iess.
€mplflYoos-fB.#ing--te-f€j30f-t-iajtlfies within eight (8) ho",'s from-ooc __ ~-injBf)', may be ""~
fH1)'-ffilpjlletrrental-Werl,ers' Compensatiefl--pay-OOn&fit-A<kliIiooal·Iy,!he--empl~eipline<l-fflt~fu+I,,_
Gompl)' wilh-the workers con'j3ensation procedures,
11,9 JUR¥-llt:H¥
Etnpl~f-er-jtH)' dnty will rerei-vfl-full pal' for sHch leave, minHs any eomj30HffiTtiflR--l~"
GeHrt, The loaYe--pflriOO~rt--Btlbpeellas is at the disGretiflll--e?the--City MaRager. The-emplfly-ee--uHlst-pl'<>l'i<!e
pt'6j'ler-<l_taB-en-t~per-pr-ecessiRg.l3mplfl)'flO8-wB~laintiff, or defun4tut
due to a personal-lawsffit--et~~-i--eF-per-B{)l-lalleave f'of-allY-5H0h abseRce from work
Lfla¥e-with0\lt pay may be gffiffied fur a period-l>e\-t-e-fll(-seeJ--siJH;alendaHBooths to enable--an--empl-e)'fle-to-rec-eWe
pFRf-essien-aHrl'-le<:-in,**l-tfllffi-ing-wh-ioo--will-itnprove werle sldlts---upen-fBtlfl'fh---Leave-witheut pay may also l;e
grented fur e"ten<lOO-iUn~iBabil#)'. All requesls-f-e!'-beave---wit-l>eltH'ay-ar-e-suhj«-H<HIj3pRWal-flf--tl1€-C.Jty
~,4aFlager ,
tipfln-ret-HI'fr-fi'om beave-witl-lOOt-l'B.)' staeos, (ho Cit)' will-ma~-tB-jll'fl-Vi<le--re-'""flIe)'m€i'lt-in the same
pooiti0lrfte.j4-pri~~ion is stilHwailB.hle, ellGept as providet!-iH-the-l'an~¥8-~
the---pooition is net available, emplfl)'fl0--fl'lflhe--plB.set!-in-anmher-j-el3-f{)f-wh-i~\lB.l~
availalJI&
PHil time-employees may-be--gr-au\ed military lea""-with{)ut'i*'y-an<l'-beve--righls-ef--l'€-emj3leymfll~ti{)U-{)j'
_{{)fR)" staens and pay as--5€t furta iR the Ullifunne<l---8€f¥i;;es Emp1flY_ and Re emj3leymflnl-Rights Act
~RAj~b~e--gRH'tet! fur a peried of two (2) years, or fur such time less thaR two years that-thfl
~main in militar), servioo,au4-are-suhje<:+t{) e"tensioo-a€<lflffih'g-\Ofr-eviffi-en ofl'edorall""l_
Bmployees who beleng to the PloriJa-N-atifl~eF¥es are eRtitlet!-tfl an annHal paid leave---ef
absence of up to S~{)I~ays--fBr--fB<jllifet!-~t less ofvaeatien.;mdlor leave time--in-cmy
ffi1€-aHRwl pcriod pnfsuant te--Flflrida Statut0-ChB.j3ter I 15.
121
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA TlONS
:r41e--Gi1y-will--c~ll-!he UHifefl"~iGe£-E~~YBl€Ht~-I-9%
fU.SE-RRA+-~s a,'ailable-i&fll€-HHman-ResBHfC-et>6!*'ftHlOOh
~-aHted in the eveHt of a death in employee's immedtffie-fumily. Fef...j3ur-peoos--Bf
~ffi€'flt-lBa~liIy-will~~£-felio",'s: wife, hU~00l~ftHeF~illlH>tlle4
pareHls, graBel'aren!s, sislers, erothers, c1Hklrea,g,-allEiffiiklreH;-fatller in law, metaer in la~Bt0f-ilHa\'"
l4~ A ma"imum--ef.-f-eBr-worlc day~ay be graate4-fer-u-deatjl in the im'fll€diate family_ Two f2) ad4itiooal
eays-<>f'j€lWB-ffiay be granted if travel in~f.2-W-m·iJe&
14,2 Proof of-tlea!h-ffi-the";mmediate €emil)' in-llte--fel'1'l1--ef-a-tBpy-Bf-tjl€-deat~slle<J.-B\Jit"Ui1f)'
must be provided-te-the--Gity-MaHageHll'-his-!~ore eompeHSatioo--i5-ajlj3fBve4
Gemr<'fl5'l~efines as 1~~y4o--an e'''plo),.e as eompenSaBBll-fur..e¥el'!-ime-wefke<l
as-aj'>~-the-&epaftment-H<;aJ-ruld-the-GitrM-anagel~~ssifieatioos-are
elassified a~'-';-ilHl<lOOrda~ir-baher-£tallElards Ael EFb£A)
ar%-€ensideres oX~1Hl€<lfllal-el'-€Bmpensator)' time, unless speeific-ally-appl'6¥<l4-\Jy-tlle-Gity}.fanager,
Gemp_ate!'Y-I%¥e-l,,~~igIlty-(-&\l)-hours. All-€Bmpoosatery-l~l--\Je
utiI~ithiH tho 6alaHea,~t~mpensate~a1J...\Je--ret"r1l€fl.-tB-,-,{)"-on
Jalluary-l of eaell ealoHdar year,
Ne-a~safOf)' time--sl1a1l--be approves for all)' eHlTeHt emplayee who has in ""eess ef..&\l--heBl'S--ef
OOHljl€nsater-y-#m€-aserue<h
:Wll€~mpio)'oe works mef$-fhaH-fofIy-{-44f-heBrs-a-week;--lllis-time-is-<l~im&.-Ally-aHt!
aJ.kwelillHe--mtl5t-\Je-auth~y-tjlB--&epaI't~Hlesignee-)-pr-ier--te-beiHg worked~~
job eiassifiGalians-are--ejassifiB4<lS-"R{)B exempt" in-a€G€lfdall8l--Witll Fair babor Stffildards Ael (FbSA) are-eligibJe
~ay,--BK-empt-empl~ are Ihase-empje-yee&-Whose jeb elassifieatiens are elassified as "exempt-";-ffi
a€€BfdaH€e with Ihe Fair Labor StffildafE!s Mt-ef-l~~-empl emp\ey€es--are-aet-eligihle-fel'-evel'tiffi€-J*ly.
Em~et"",*"fl1pt--!rom the overtime-previsi-oHs--ef.t~-te-wefk--{)¥eFtime-4_jy-whe"
assigee-El--aJld-autll{)r+Z-e4-V<>IuHteered-time, theugh-we-H-1Htent~Fe-Gi~,1eiB6as
eaBy-and-ffite.-work hOHrs and-\_'kffig-tl~
M.Q GRIEVANCES
PfOOati<ll1a!')Hllld-part .. tillle--empleyees-are-£<lt-€!igihle--te appeal or grieve aB)' diSBipliooF)'-aati-oo,..,AppeaJs-ef
diseipliHal'Y-aati-005-ill1<klthOf-gfievffiloo&-shali be gevCfBe<l-by--the--appliBa~tive bargaining L'OOtraet"",the-rs
m~l)' 10 the Cil), HaHager.
EmpIHyeBs wile fuil to fol!ow-the-se--fUJes-aHd--fegBjati~ho fuil ta proper!)' perforffi-thei;---dBIies-p''<l¥ide-a
disservise 10 other--empje-ye-es-aH4-resideHts-efthe City ..
122
-to w
~ fli ttl -I I ~f~ ~ If!'ft It~~ t 2t t S'I'I~ ~ i'~
t. . f . ; f : t. : .~ i f 1.~ i-~ il" : t J,: i i ~ i~ ~ ~ 1 ..... ~ ~l ~ If} t. f= ~ r~' . *. 12 "' g. f *. ~ t m. l~ l' f }. $ It! * ~ l t ~ t. f. ~ t+." ~ $iJrff ~ f ilfl *' ~ ~~1~} 1 ~ ~ ~ 1 t ~ 1 ~ i f ili ! [fi t I-~. f t l ! t lit! ~
o
"" 00 o c
5!
Sf: ;;: a: -~
~
Ii I 1'"1 if fltt~ flft II J·~tf til ~ f:t· i ~ ill it, r ~ i L f1 ~ f l ~ lit ~
t U
(* ~.'" u'll I ~;. ff 1 . . m i ~. ~ f I '1 f.[ f ~
, 9 ~ i . II t l' i ;J; '" :;>:l ~ *. . . . . $ l'5 -$ t "C it i u~ i :' il'l t 5 f ~I t it . l , J S
·t w t .. Ii." . t~'1 1 :$l ¢ . I iltl ,~t f~ t,;
, i 1 r', "-t .t T ~ ~ ~. ., * 3p t ip t ~l l _~ f •• ~ It. _ $.t •
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
111e Human R£seuf<:~H€llt shall be preJH!*ly-iHf00ne4-Bf-the-f-esfgHation of any emplByee in the iffillliBipal
5ei'¥ie~y-absenc-<Hlf-an-emplE>yee-*61B-€lt!ty-withBHt-l€,,,,,,-fuf-three-Br---+llBfe days may be CB1~
fe&i:gnatierh
A-dnpar{ffi€llt-lread, s~ect te-lh&-approval. of ,he City Mffi~~~ut prejudi€e
eeGatlSe of lac-k-ef funds or GUr!ailmenHlf-wffi%---Hewe¥eF;-il<>-r~mployee shall be seperal€d from any
departmene-whll~re-Bmergen€y,pre¥isiB*>l,prebatienaey--er-l,"Hporar)' employees iH tll~'class of
positien-ill-l~r{meHH\-rl~aH&-lHid off and~j'ee is iH go~ti-gihle-te
~<l#ierHe-the-paymeHt of their--aoor-ue4-¥aea-lien--lea¥e,se~ 1'",0 (2) weeks' salaryc
EBlpleyees-<liSlHi'sse<Hel'-etfleHeasOnS, shall not be e~-atien-l"'J'
+be-C--ity--ef--l>eutll-Miami-pre¥l4es-a--Pen&ien-f2IaR-fer-ful!-t-H~EffectWe-Gc-teber 1, 199~
partiGipatien-ifr-tbe-plan-iil-lHiHlElal€fY fer all full time-emplE>yee&--Cenlr-ieutien-ameunts-al>e-based-B!r-aetl*l'!'iru
_,,-deter-mine4-by-tl*'"_~-tunf-iahstndy-i~entoo-te-the-C--ity-ol1 a yearly basis.
gffeet+ve-+W-l12006 alld therea~1d-tl!e--tetakentflblit.fen.-ee-a~ly deterluiHe4-to-<>lt-eee4-l4%,bntlHlle
City aIld the -employees will share e<jtlOlIy-thO-Bl<-€€S5-"",**,nt-(-e.g., saouk!--the-1etal-c-entBblitien--be-aet-uafiaily
eelefm.iHoo to be 16%,-tile-City-shalkent1q"Bte-a-tel€kJ'-&Oil-%-aB<l-tlle emploY8€S-Sh<Hkentr-ibute a total-~
%J-,-F-Bl'-Rt~~inaHce 1-6-08 1951aeepl€4M"~itled Pension-!>laHc
City-Bf-8~pleyee duty relatee~peHses shal~~i~iBfi<la
St"le-Statu~ 112. Depart_nt-Hne4s-shall-make every effer! to l1~ewne&-vehiBle
available fer ei~~' duty related t~eeesslR)'. Empley",,-mool-SuBmikeceipts docB'flenting reimbursab1e-€OOlS
feJ'-ffi!b~
20g H~RK
T-he-flefmal sclledul<H'eHegu·!ar;-flill-tlme employees is-B-fi¥~y (40) aOUl'-WBrk week The City MaIlag€l'
mny~ll~l€n-a-positi{1{H'''I"ires an altema!e selledule. It is the elHployee's rnspenslbitity
~Bg-tlleir-regBlar sehedttle, Employees wae-ru--e-absBHt-witilout leave or are [,abitually latoe-may-be
Subjnet-te-disGipliHffi"-y-a£tien-i!p-le-a1l<l-in eI u ding term inati on ,
G¥er1~)' the depafttHGnl-head, It shall be tho ge"erat-pol~ty-oot to have its
_pleyees-werk-fFeqBenl-Bf-C-ensiOOrab1e-<wel'time; however-,<lepol'tment~~-llll-Cmplo)'ee
tB-W""*-<wnrtitne--when-fl~ary in oroor-to meet llHlergeHey deadlines or operational Heeds. FOF-il<liJj·;jBllaf
iHfeJ'Hl.ntien-fegarding Flerida Laber Standards As!, l'<ffi-ffi1lY-£Onl-aBt-the-Huma&Resem"-€€&-DepartmenL
NewMI tim_pley~,uilt," l@,·w~t"'"' j"b,",,~-,witb.UHh~
~}3r6¥tMm@t:tkg g@l*l~ J400d 003 {;ft@-Git,....rv{ooagcr. Fa~ t@inrorm ) elir:g~ "co
wr s¥';€?ipl~=a@tii0R=&~~ffi@djato-·"d4s1f4i8gal e~t. F@rms fef apprw)ta4=@f @utsitJe
~e)m€flt are 9:\a#abJe ifi-.th~, Htirnillf-RgG@u¥&%-4)gpa~!}t. F€lr-m&·,¥l!]:Ust 8~\:li3@a4:gd sr:.oft¥l aRnlial·@as~
~.,.~.d :o,·lIu1>1'" Reso_d-Git;.<Gklr,Jo's GfHee,
22 g TUITiON REIMBYRSEMEN'F
124
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
+he-Gily-will--reimoorse 50~~ of tuitioo-ooslB-fer-apprBV€d-w\l_"-with--gffi~-~-f,,,'
~atB-C-{)urse'Noffi.;-aH4-gfa~r-better-fBr graeuate-GoBrsowerk. Empleyees re'luestiHg-ttHtioo
reiH'\HH'S0Hl€ffi-lllHst Rave a c_-perfermanc-e-<",altNltien-elHil<>-with-a-J-atifI~iflf"etBl)' or aBeve sa!lsfaetel)'o
Regul<lf-fulJ-tifll€-elllJ'l-eyees n,ay reqH<lSHnition reiroo"rs.n,ent [Br conrs_erk at an-aeereffi{€<l-ooueatiooal
institHt;e'HH-ffil-a€Gf<l6~*"tiHHal-program te imprO¥€-~€fleSs-f~-pesitien which wenM
lHm<4it-fur-fut-ure careOl--B",,€l<>pmeffi----l'rier te registering fer any COHrses, prior appr~l>m#te4-te
Pepa_t-Head ane City Milll~r.
Slloohl~€0-termioote-hislker em~ any reason within tw~jllg-a-tHilien
~-payment, hel~he-will-l>e-f€€IUif-ed_~€H'ies paid-j->iiDi' to separatien-fi'OHl-the
City-o
Whei,-the-C-ity-MaRagcr has decffire€l-a-<>i!y wide em"fgenc), ( i.e. hUff-icanes, too,aeees,-etc) empleyees-ef-th0-Gity
tha1-pel~S may be requk-ed-te-wor*,,~GeSSalTby-!he-Gity-Mawg_"deeigne<.'-,
~isas!~rations, it is ir"fJ€f"tive-{hat all persoonel-fellew the guideline5-{)Hl!;tlae--il,.the--plafu--ln-adBitien;
ail--personne!. sh onl4-mako-i>dvance p lans-fer-the-safety-ef-thaiH_ili€s-all€!-j3Bl'Sellal-pr~~
respml€l-welHlhee€I-<Jft*,e-getl~~B-!he-€Iisas~er ~lfeat-
J2ersenool-will-f€jlBfl-fB,,-<hity-€luriHg-€lisastel'-<lperatiHns--as directed-by{~_ll-Heae,--A]f-perwnnel called
~lall-be giYen a specifie-r-epertiI'g ti",e, allewiHg-fer-reasenaI>Ie4Blllc te mal," arrangern<lnts fer the safety-ef
famj~Ral-pf€j3Bl~al-mey-OO-reealle€l-!e-d~pB"-t*,€-lypB-an4-S€-V"'it~
FailuRHe-r-epBfl-fBr dnty, witheut-pr~"F-le-&ve-aft'reval-ffilm :he Depar{ment Head, shall--f€s,*-,_''Illinati"n--0f
e-mJ'!BYlllent-
P-ers9llHel will be-i>ssigned ts dutias a~fFi0a".-P-repere-d~oovery-pI",,-afid-shal~
their assigned po&t~)' ~he DepartFRont-Hea<l-er-elil-€f-<iWfepfiate-authority_
1J£tl&-em€l'g<mey Gonai!;s"s Ci{y-e-mJ'!Byoos who are exempt fis", the-FaiF-bal3or StaFldaF€ls-AGt~rin
."Gess of fort')'-\4{J)-heurs-p~iI~ty-Manager or designell;-fl'laY~
tfleir-regu~e Ci:y Managcr-at-their discretien. Employees-whe-fail--.epert'-fBf dnty as
aireeted-may-be-sulljeG~ to disciplinary-eetien-Bp-{e-<>n-ineh±diBg-terminetien-eHmpIey_
Goring eH1B1-geney-si~H,atural-disasters, empleyee~l'€ljuired to rGp<H{-<e-,,,erk-will get paid
th~r-h"Ol'S-i>;rEmergency L,eave-(£~nlial personnel will re~y-as-f-e-llews+
.----------Ernj7leyees-{flet are dirGGted to slay 11<>ltla will get-jlai€l-fe,~-s-ef-E",ergenGy Loo-ve-{-H+
.----Enlf>k>y€0s-tflat-<Jf~He-wm-l<-will get paid for eighl (8) heofs-e4'-E-mergency Lea\'e-(£4)
aad-€ig~s-feI'-f€gUlar heers wor-ke4
.-----If-they-werk evef the-iHegulaf-S€hednled-time, they IV,U-get4hese extra hoers as time-an€!-a-half,
2~ USE OF-GITY OWNED VEHIGbES
E1~-be bound an<l-alli€!e-I>y-the-Gity-elB-Poliey dated 02/Q9/00 ane avaEable-in-Department
Hea€!' s effice an€llDl-+loo"",-R£soorc-e-flepartmeat-
2~-lN+ERNET POLICY, EMf'.IL AN-IH'-ERSONAL COMP-lfTER USf£E POLICY
125
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
+his polie)' awlles-t{l all employees of the Cil), wl~~ss 10 the Iet_et-afl4-€{lIHJ*'ler-fle~
tise of the Cil)"s 6{lHljlUlef-n~-ffi\lOieipal purpoSe~fll{let-St'H14af4;.as speeified illlhis rule.
+he-Gity provides seveml-iffi'H'lnatkm-shar·ing-leehnical serviees inelOOing eleell'OniG-lnffiJ, in:ranel an<i-ffileme1
sel'¥ice, aesktop sHPPoFt-seFViees,inewding-ne1Wnrll office atlt<>matioo file and print sharing, Ihe primary-j3l1Fpese-Bf
which is to sUj3jJffit ana enhan€<Hlw~14 infeFlHalion capabilities of the Cit), ana to eneourage elee1RlHi€
eORllHlIHi.atiens aed sharing of infermatioo-reseHr-GeS-Withffi-the-Gity-and-the public a~lHh<>ukl
have-<rn),-<ll'pee1atien of pri"a.), as to-th€ir-lHternet usage and-cleelroeic ma~<3f-f-Hes, the e mail
system~re-fuFnislrea 10 employees 6fe thc City's property, intemlee fer business u~ookl
l1€H!se a pasSW""~IBa¥e-<ffi)'~i€atioe withorn-antherizatioll.
Uses .0naHctoo in a respensible,officieat, ethical-alla legal-lH6f!fler for which lIsers m~ge--theiF
~ding-ef-this rllle and guidelines as a cendition ofr~ooess-;vith the ~frespensibility-beiag
HpBB-the lIser to inqllire-a& to acceptable aea unaccep:able-uses-pl'ieF to such "'*'
Set~les efHaauthorized illlemet Hsage-6f&{ls fellows:
4--¥ioMietlcef-any--lawS;-f~tal or City pelieies, inelHaing-State-ar!d-Geaty Codes"6f
Bthic&
2. Using-prefuH#y, oasGonity-i¥e-te-<rneth~son, inelud,tlg-th<>-tlse
e-f.t.fl€-C~er for tBreats,-haFasslRoat, slan4ef,tief-arnatioR, ObSeeae-eF sl:lggestive-images-{)f
effensive-gmphieaHmagos. The aisplay of afl)' kiad-ef~Y-Bxp1iGit imago"6r dOGument-is-a
viotntietl-Ofthe City's pelie)'"6~6faSS_TSe'mall)' oxplicit-material-rnaY-Het-be--afC-hl¥ed,
srorea, dis~ributed, edited, er-reoorded using the City's network or eOlllpl:lt-ef-reS01:lrees,
~ng pemogrnphy, or seadillg pomegmph~via BmaiL
Lk-PolitiGal e~ll5-er-the-sending of ehaia-lelteF!r.
§~tellation of non "l'proved software, illeluGillg games e!'-ffilertaffirnonl softw6fe, use f{lr any 1'efS<lflal
reasons, resultiHg iH or relatiRg to persoHal gain or for profit eFltef'J3rise;-c~
4ewnl~mmerGial~'<l-iH-¥i<>lat~ighl I"",'. Only th~--llis
dosigaee may aHthorize lhe in5talla:ioH of software.
4---+!'ansmissiou-BfaH), mateBal-iA vi.olation oHeaeral, stale or 10callaw, ordinance, regHffitierrer-peli€)'
ineluaing Itnlawful or in"l'propr-iata-oornmllHiGatiens-as-statea above, ineluding, aut eot limitea to,
effensive, i:flfi.m.iGat.ing-er-Bmbarl'assing eomfa6ats, jolrcs, slurs, iftSfaHatiens,ftH:n~.H:s or pietHres based
OR-l:a€€;-S&~l preferenee, se7Hffil-efieRtatioH, religion, color, national origin, or disability.:.
B-X€eptions te the feregoing unaooel'table uses may be limitee to poliee-investigatioos into el'irninal
activities, whieh may-fe<jHife ths use of the Internel fer-infermatioll aea intelligenGe gathering. This is
pemHssihl<3-with the prior approval of Ihe Chief of Poliee with no:ie. te--the--Ci{y-Manager ana/or his
~
+he-City-llas-seftwar-e-andcsyst'*fl£-m pla.e that Gao merliter-afld-,-e<;-er<l-allc-lnlefneHIsage. All employees
shoold-he aware that the City's oompuler sYfitem is eapable of re<:-erdiog each 'Norld Wiae Web site visit,
each chat;;wwsgroup-er-<Hflail message, aea eaeh file transfer into ana ent oflhe City'5-€etl'iputar network
126
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
'file City reSOf¥eS-the right te inspeet-all-files stered in p!'i¥ate-areas-"f-the-CR~"Hletwerl' iR erder
te assure 001l1j>lianee with this Fule.-The City Manager-and/er his designee may review tll€-ffiternet aet.wity
and analyze usage patterns te-as&ure--tflat-the City's Internet~"Fees aFe deveted te
maintaiRing the highest I~
'l'h<l City is net reSj'>eBsible fer material viewed er dewnl 'et~Users are
"aBtiened that incla~unt-ef--infeFmatioo--en-the-lHlel"Het is effensive,<;"*"'>l!y
eJ,!,lieit aad-iB"l'flF0p!'iate material. In general, it is diffieult te aveid eeming in'.B-e<lBtoct with seme ef this
~leFB<lHv<ffi-Wh€l,-j'l<JI'ferBHng--inne6Ueus search-Te<j"ests. In a4:iiti~maj.j
_nt-may-leaa to reeeipt of "nsolieited e mails eeataiaiflg~<>~sers aeeessing-t£a
lH!effiet-de se at their eWlH'isk-afld the Cit:y-dis€laims-all-liabi-lity.
RespeDsibility of-em-p!oy<lOS
~ible fer leaf Ding propeF-t<>e-lmiques aaa slal,dafds fer paltletpatioo aad fer
"naerstaoding such that, ifthey~hey will lose aceess and ma), be-subj€ct te ,aiseiplinm:y
astioo,as may ae provided ay the Cit:y'-s-L~n€lcR",les ao<i---Regulatioos--ManBal.-J2aft-i€lHaf
e""eerns inel"de issu~p)'right infFingement.,.-<>-mai-l-etiquette,cemp~d-<Hl'Y
Uflintendea use of c"mputer reseurees. Empleyees mUsH'*!uest traifling,as~st"Y-GUfrent-with
new teels. Additienal pelieies, pr-e~uiFemeots may b<H€t-fertA ay tHe-Gity-MaHagef-frem
time-te-tilHe-for whiel, slHple)'8<ls aFe res!"eosible fer staying eul'FOflt,
E-mail messages ma~ed-b)' Cit)' e1Hj3ley<>es in e"nnootieo with efficial business shall be
maifltainea as !"Bblie r-ec-"ras and are subjset te dis£lesare in th€-aasenee of """"ption, as proviaed-by
Ghapter 119, P.S.
While the City's ability te sonneet te-the Internet of.fers-petential benefits, it c-an alse potentially previde
signifieanHisks4o-data-and-syslemS if Cit)' em!"lo)'ees de not fenov.' apprepFiete-se<;ity-discipline. A Cit)'
emple)'ee can be held aec",fRlable fer any breaches of seeuri!y oH-enfideotialit)'.
;U;,Q INSUR-ANGE
The City-agr-ees40 pay fer-HMG-heHlth iosBralceiH-er all [bill time-Z:-ity elnplo),".s. Elnpl-eyees wanting the-eptienal
J2G&-eI'-PW-h€altlHl,seHm,*,,¥illfay-the-difl€l~-ths4we plans. 'fHe-C-ity-will also G0utiHue the OBrrent
lHv€ls of severage--f-er dental, Iife-ane-disabi-lity insaraHGC. 'fAe employee agrees te pa), fer 100--% of aepeRdent
ceverage fer health-and dental illSUl'aH€B-.
;17.Q COIHl-QF ETHICS
Employees agree:o be bound-and abide by ti,e Cede-ef-lllhic-s-Ordil,aooe whieR is avai~~
fl<>pa,,,meHt andlor C-ity-Glerk's offioe.
127
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
T-he City of SOHth Miami-pr-e¥itle&-atl-E-B~yee AssistaRG€-PFegf{lm-~--AP) fer all employOB&;-ifHllBdjng-\!leif
d€j>eRtients. This ~55ists enlpl~f-EI€J*1l"IeRts with personal aRd-family iSSH"s tllaHlre-lee
tIifii<:-lli~tIle-alell~noo"""ged-to seek assislalwe befere sHell problel'!ls-1legatively affec+wBll-
beifl~"b perfennanee. YOH may r'*l~tIi~tiell-by-<l"lltaGHlle-l+ootafl-RBsool'OO
DefJat-::ffien~.
a}--Alty-ell'lpleyee wllo beli<W€5-t,J,aHh~-'fiela!i"n-of--the-Gity Charter-sllafl-fik a written eomj3laffi!
dif€€t1y-wit~wHlO)'o
b) The-eity-altel'Rey-shall-inve£tigate-alt--oomj3laints and shall-atl¥i~om·pleyee-Hlalrlng-tlle eamp Iilillt-ef
hi~ees whore the eity-a1temey-fifl43-that-a-viela!ioo-of-tlle-Gity Charter-+Ja~
eity-at("mey shall---Jlf<'pef6-<m-ifl"ostigatioo~~-findings a~larl~ed-{;-ity
eemmissio" me€t~~"!HOy-shall-make a roc-emJll<>ldation te--tlle-ei~-the-findings,
llewevor, tllo ",,-it)' eommission sllell "lUke tlle-<letormifla!i"H~ny-€mpleyBe has willfall)' violat~-ity
Ghiffief-c
€I) The Cit)' of Sooth-Miami shall not discrifllinate-ageinBt-all)'-pe~F-.,.gaiflBt-any-of'-i_l"leyees--el'
"l'f'l icaRts fer emp I oyment be eaase they-h<lV€-fIlooe-a-sl>al'ge, testifietl,-assisletl-ef-perticil"at&-in-aflY-1l'Hffi!l€I'-it'HlH
iIwestigation pertailling4e-all-aJleged violatioo-eftlle City's Chat~ef-c
30 0 DRESS .c--()flE
~ee&-alltl-rep_t.,.ti~~m+,we have a responsibility to prcBeHt::~
1fl-&-j3~'ltHH)er-4l;lrffig-weB(-ing-AOl;lrs. \Vhil~e ana Gl:lst-ffill-i3Bf-fflit, a, Seme\Vflat, easual work attire,
yoo-all"",ld maintaifl-B-ll€at,cleatJ-aetl-jlrofessional appeaffitl<*-.. l;;mplnyees--ar~t"d-te_erc-ise-ooIRlOOfl-5<3llSe
ant!-geed-jB<lgmeflt-when-elleeBiflg-tllcif-weFk--atlif€,
The-f"llowing guideliRoS are provided as a guide to help elari!)' v:hat~l1~eptabI#-pfof,",sieHaJ."affila1
~
a. /\€ceptable-df6ss-ffie1ut1e~oHses, skirts, bHSillesf;-t-ahirtB-BHtl-sloc-k-&-Skirt-kmgth shoulEl--lle-no
slleftef than 3 in€he&-abeve the top·~&.-P-ref<l!lBiooal-styl€-epen~
b. Inappropriate dress incittdes;'-jeaHS-<lr denifll of any kind,5weatshilts, tank tops, t silirts, shOlts,Capri
pants, spande" items, lenRffilgym-s!teeS;-Stiietto heels (<W<ll'-J-inelles-higllj,-elega,..flfp-fleps, tight PaRt'Sltep&,
leggiflg~llkled;-teFll,bjooclled,fooed-eH~"tlliflg-{+.Brlew-eat-bl{lHSeS, see tlll'0ugh-gaflllOlltsJ,
€. More traditional--l>asifl~ay be aprl·opdat. and required fer--C-erlailHlleetiBgB/l"feSefltatiens, either
within 01' olliside the Cit)'.
~e-re<jlIiFetl-t<>---weaHHlniful'm, it sheuld---l>e cj eaB, fresh and intaBf-whelH8j3ernflg--fef-tiaty-ane-sllall-be--ifl
_llpllaflce witll-any-dBpartmental-ep€~es. Damaga-t"""l'-loos of uniferms or an)' part tllef6ef is to be
r-eperted-Hnmediately-t" yom sup~
3-t.1l--C-ITY IDENTIFIC\TIQN
~~Il-Miamt4a1-karry-witll---!llem a City issu€d photo itlGfltifieatioo Gard. Preseflt
year--;;affi.fur-eflt!'j'-te th. City dUling--jl€fio ds 0 f eIRerg€ll€)'-aF--Whoo-lletleBSal')'-!e-tdootify youl'self _id<mtB-ifl-tlle
OOlldaGt of official-Wsil'!e1\&.-Any-les&-er-damage te-ye\tr--<7at'fl~l""rtetl-te-tlle--fl.Bma!!-Reso,",Ge Depa_
iHlHleaiatciy. There will b~~tioo--ef--.lost Gards. Th€-€<lfd-mHst-lbe-re~-Git)'--lfpetl
teFmination of employment.
128
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA TlONS
~€f*lfafing from the-City fur "ny Teasel' shall, prje~'l!tien, retllfn all Ci<Y-&Wfl~
e<jffipmeRt'-ffi-h~essession. The 6ast af~F-rejlairifig-afl)'--items-!ooHJr-<lamaged while in the
pBs",,~J'I~ shall be dedllcted fram any pal' and bene.r~I4-by-the City. Finfrl-oheek will net be
di£oorsed until all jt .. n~f!l€4-
If an accident eccurs en City pTaJ3"flY-or invelving any city equipment'eper-atie-~"'J'loyees er visitors,
em]'loyoe£-must immediatfrly-refur the matteT te tneif imm~i£er,r-egar-dlo&S--Of-.how-iRsigffi.f-l€allt'-tho
"""'4eBHll'a)'-appBar,--Th·lli-p~essary in or<ler ta pfavi<le-imnne4iat-e-Inodical aid to all injur-04-pBfSOO
and-to--fil€jlital~d pfampt-l'0pBrt to the City's Human RoSffil~aml'!efll!Risk Ma~he
a€Bid€nt~-visi~mployees-shoul<l not make an)' sta(-emeRts la the iBjur-e4-peFSBB-a£-tB-lll.ffir.-ej3itlio!¥.H'1'l
the-cause aftne "Geident; inst€ad, repart the eOln]'lat .. Gffeumstan-ees ta llaman-ReseuTce Department withaut-<leloy~
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 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 hetween the City and a recognized employee
union providing specifically negotiated tenns, conditions, and henefits of employment for
s;overed 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 intennediate steps
established for each job classification.
Demotion -The re-assigrunent 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 cunent 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).
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.
130
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA TlONS
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 pav 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 111
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 through the City.
Pay Range -The minimum, maximwn and intermediate pay rates established for a
classification.
Performance Evaluation -Written documentation of how well an emplovee 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 detennined 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.
131
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULA nONS
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.
132