Res. No. 026-09-12835RESOLUTION NO.: 26 -09 -12835
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AMENDING CITY OF SOUTH MIAMI
PERSONNEL MANUAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS; the City Commission wishes to amend the Personnel Manual; and,
WHEREAS, the administration is recommending changes to Personnel Manual due to changes in
state and federal regulations and current policies; and,
WHEREAS, the rules and regulations established in the manual are for the purpose of providing
consistent and equitable policies and concerning employment with the City.
NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: That the following sections are amended/ added:
Sec. 1.0 - General Policy — These rules and regulations are established for the purpose of
providing consistent and equitable personnel policies concerning 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 elected and appointed officials, members of
the boards and committees appointed by the City Commission, consultants or employees
providing services under contract to the City, emergency employees, and volunteers. Employees
who are members of a collective bargaining unit, shall be subject to the restrictions and benefits of
their respective bargaining unit agreements.
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 should be interpreted as encompassing both male
and female employees.
This manual supersedes all prior handbooks /manuals. The Employee Manual will be reviewed on
an annual basis in February, and "fe'ente d to the Gib' Manager and reported to the City
Commission. for- appreval_ dwting . Any revisions or amendments will be
posted on City bulletin boards, distributed to all City departments and posted on the City's web
page.
Res. No. 26 -09 -12835
Sec. 1.2 — Applicability of Manual — The City may, at any time develop and make known
procedural rules, interpretations and other personnel policies and may in certain instances, grant
waivers to them.
These rules and regulations shall not be construed as limiting the authority of the Department
Head to set departmental rules and regulations governing the conduct and performance of
employees. Departmental rules shall not conflict with the provisions of this manual. Department
rules shall be subject to approval by the City Manager.
Many matters covered by this manual, such as FMLA forms are described in separate City
documents and are also available in the Human Resource Department.
An acknowledgement of receipt of this manual is found at the end of this document. Each
employee must read and acknowledge receipt of all policies and procedures reeeived by signing
and returning to the Human Resource Department.
Sec. 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. Orly Updates or revisions to this Manual will be
presented to the City Manager and City Commission for approval. a °' during ' udg
preeess peried.
Sec. 1.7 — Drug Free Workplace Policy - The City of South Miami ( "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 maintain the highest standards
of morale, productivity and safety in our operations, we are instituting a drug and alcohol free
workplace policy. With the cooperation and assistance of our employees, we will implement a
program designed to provide a safe workplace environment free from drugs and alcohol use and/or
abuse.
We recognize that alcohol and drug dependency require medical supervision and treatment if there
is to be successful rehabilitation. Our desire and intent is to encourage any employee with alcohol
or drug dependency to voluntarily enter a drug or alcohol rehabilitation program. It is the
responsibility of each employee to initiate and obtain assistance before any difficulties with drugs
or alcohol affect his or her ability to perform job functions. Accordingly:
Our 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. This
Drug and Alcohol Workplace Policy and Work Rules require all employees to be free from the
influence of drugs and alcohol while working or while on City property is prohibited (this includes
and not limited to rest periods and lunch breaks). The use, possession, sale, distribution, or
manufacture of any drugs, and/or the unauthorized possession and /or use of alcohol, while
working or while on City property is prohibited.
All "job applicants" will be tested for drugs prior to beginning work. All employees will be
subject to drug and alcohol testing upon reasonable suspicion, after an accident or injury which
requires medical attention, as a follow -up to release from a rehabilitation program, and as part of a
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Res. No. 26 -09 -12835
routine fitness for duty (physical) examination. Certain employees may be subject to random drug
and alcohol testing pursuant to federal law or collective bargaining agreements. All employees are
encouraged to be aware of the effects of and to advise their supervisor when taking prescription
medication which may affect their performance at work.
To ensure a workplace free from the influence of illegal drugs and alcohol abuse, the following
Policy has been established. The Policy applies to all employees, supervisors and managers. Any
violation of the Policy will result in discipline, up to and including termination of employment.
Sec. 1.10 — Domestic Violence - Any employee or an employee who has a family member or
household member who is a victim of domestic violence is eligible for up to three (3) calendar
days of unpaid leave from work in any twelve (12) month period to participate in activities
resulting from an act of domestic violence. The City permits leave for an employee to participate
in the following specific activities:
a. Seeking a protective or injunctive order for protection.
b. Obtaining medical care or mental health counseling to address physical or psychological
Iniuries.
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 to seeking
new housing to escape the perpetrator.
e. Seeking legal assistance in relation to the act of domestic violence or to attend and prepare
for court related proceedings arising from the act of domestic violence.
• 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.
Family or 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.
• "Victim" means an individual who has been subjected to domestic violence.
• The twelve month period for determining whether the three (3) day entitlement has been
exhausted is based on a rolling twelve (12) month period measured backward from the first
Fate of leave.
• Except in case of imminent danger to the health or safety of the employee or to the health
or safety 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 act of domestic violence.
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Res. No. 26 -09 -12835
• Employees seeking leave under this policy must have exhausted all leave before unpaid
domestic leave is granted.
• Information relating to the employee's leave under this policy must be kept confidential
and is exempt from disclosure.
• An employee may not be discharged demoted, suspended, retaliated against or in any
other manner discriminated against for exercising his /her rights under this policy.
Sec. 9.0 — Family Leave - As provided by the 1993 Family and Medical Leave Act (FMLA), 29
U.S.C. § 2601 et. seq. (1995), all eligible employees shall be entitled to take up to twelve (12)
weeks of unpaid, job - protected leave during any twelve (12) month period for specified family and
medical reasons. To apply for FMLA you must request updated forms from the Human
Resources Department.
Two (2) new provisions to the Family Leave Act made changes to the military leave entitlements
wherein eligible employees may take up to twenty -six 26) weeks of leave to care for a military
service member during a single twelve (12 ) month period.
The second military leave entitlement helps families of members of the National Guard and
Reserves to manage their affairs while the member is on active duty in support of a contingency
operation This provision makes the normal twelve (12) workweeks of FMLA Job protected leave
available to eligible employees with a covered military member serving in the National Guard or
Reserves to use for "any qualifying exigences
Covered Family and Medical Reasons:
An eligible employee shall be entitled to twelve (12) weeks of unpaid leave during a 12 -month
period for one or more of the following reasons:
a. For incapacity due to pregnancy, the birth or placement of a child, prenatal medical care,
adoption or foster care (leave must be taken in consecutive work weeks);
b. To care for an immediate family member with a serious health condition; or
C. To take medical leave when the employee is unable to perform the functions of his/her
job because of a serious health condition.
d. Eligible employees with a spouse son daughter or parent on active duty in the National
Guard or Reserves 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 employ
e. To care for a covered service member which is undergoing medical treatment,
recuperation or therapy or is outpatient status or is on temporary disability retired list (i.e.
may take up to twenty -six 26) weeks of leave).
Sec. 20.0 — Hours of Work - The normal schedule for regular, full -time employees is a five -day,
forty (40) hour work week. The City Manager may make exceptions to this rule when a position
requires an alternate schedule. It is the employee's responsibility to be on the job during their
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Res. No. 26 -09 -12835
regular schedule. Employees who are absent without leave or are habitually late may be subject to
disciplinary action up to and including termination.
Overtime must be b the he department head. It shall be the general policy of the City
not to have its employees work frequent or considerable overtime; however, department heads
may authorize or direct an employee to work overtime when necessary in order to meet emergency
deadlines or operational needs For additional information regarding Florida Labor Standards Act
you may contact the Human Resources Department.
Sec. 23.0.1 — Payroll Reporting Procedures during Declared Emergencies/Disaster - During
emergency situations and/or natural disasters, employees that are not required to report to work
will get paid their hours as Emergency Leave (EL) Essential personnel will receive their pay as
follows:
• Employees that are directed to stay home will receive payment for eight (8) hours of
Emergency Leave (EL),
• Employees that are directed to report to work will receive payment for eight (8) hours of
Emergency Leave (EL) and eight (8) hours for regular hours worked.
• If they work over their regular scheduled time, they will receive those extra hours as time
and a half.
Sec. 25.0 — Internet Policy, Email and Personal Computer Usage Policy- This policy applies to
all employees of the City who have been given access to the Internet and computer network. Use
of the City's computer network is for municipal purposes only and must meet standards as
specified in this rule 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 primmy purpose of which 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. No employee should have
any expectation of privacy as to their Internet usage and electronic mail Computers computer
files the e -mail system, and software furnished to employees are the City's property, intended for
business use. Employees should not use a password, access a file or retrieve any stored
communication without authorization.
All e -mail transmission should be used for business communications only.
Uses conducted in a responsible, efficient, ethical and legal manner for which users must
acknowledge their understanding of this rule and guidelines as a condition of receiving access with
the burden of responsibility being upon the user to inquire as to acceptable and unacceptable uses
prior to such use.
Some examples of unauthorized intemet usage are as follows:
1. Violation of any aws regulation departmental or City policies, including City, State and County
Codes of Ethics.
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Res. No. 26 -09 -12835
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 Cm's policy on sexual harassment. Sexually explicit material may not be
archived, stored, distributed, edited, or recorded using the City's network or computer resources.
3. Viewing pornography, or sending pornogwhic jokes or stories via email.
4. Political endorsements or the sending of chain letters.
5. Installation of non - approved software, including games or entertainment software, use for any
personal reasons, resulting in or relating to personal gain or for profit enterprise; copying
(uploading or downloading) commercial software in violation of copyright law. Only the City
Manager or his designee may authorize the installation of software.
6. Transmission of any material in violation of federal, state or local law, ordinance, regulation or
policy including unlawful or inappropriate communications as stated above, including, but not
limited to, offensive, intimidating or embarrassing comments, jokes, slurs, insinuations, rumors or
pictures based on race, sex, sexual preference, sexual orientation, religion, color, national origin,
or disability.
Exceptions
Exceptions to the foregoing unacceptable uses may be limited to police investigations into
criminal activities, which may require the use of the Internet for information and intelligence
gathering. This is permissible with the prior approval of the Chief of Police with notice to the City
Manager and /or his designee.
Right of inspection
Wide Web site visit, each chat, newsgroup or e -mail message. and each file transfer into and out of
the City's puter 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.
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 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.
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Res. No. 26 -09 -12835
Responsibility of employees
Employees are responsible for learning proper techniques and standards for participation and for
Manual Particular concerns include issues of privacy, copyright infringement, e -mail etiquette,
computer viruses and any unintended use of computer resources. Employees must request
training as needed and stay current with new tools. Additional policies, procedures and
requirements may be set forth by the City Manager from time to time for which employees are
responsible for staving current.
Public records
E-mail messages made to or received by employees in connection with official business shall
be maintained as public records and are subject to disclosure in the absence of exception, as
provided by Chapter 119, Florida Statutes.
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 A City employee can be held accountable for any breaches of security or
confidentiality.
Section 2: The attached exhibit is incorporated by reference into this resolution.
Section 3: This shall take effect immediately upon approval of this resolution.
PASSED AND ADOPTED this 17th day of February, 2009.
ATTEST: APPROVED:
Y CLE NYAYOR
READ AND APPROVED AS TO FORM:
CITY
COMMISSION VOTE: 5 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Newman:
Yea
Commissioner Beckman:
Yea
Page 7 of 7
South Miami
I&AmedcaCh
CITY OF SOUTH MIAMI 11111F
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: W. Ajibola Balogun, City Manage
From: Jeanette Enrizo, Human Resource
Date: February 17, 2009
r
Manager
Agenda Item No.: 6
Subject: Amending the Adopted Personnel Manual
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CITY OF
SOUTH MIAMI PERSONNEL MANUAL; AND PROVIDING AN
EFFECTIVE DATE.
Request: Amending Adopted Personnel Manual
Reason/Need: In our effort to abide with the City's requirement to update the Personnel
Manual and secure the City Commission's approval, the attached manual
is submitted for your consideration. All sections were thoroughly
reviewed, in detail, to ensure that all current state and federal regulations
applicable are incorporated and made part of this manual. During this
review process, collective bargaining agreements were taken into
consideration. The rules and regulations established in the manual are for
the purpose of providing consistent and equitable policies concerning
employment with the City.
The following are proposed changes /revisions to the manual:
• Section 1.0- General Policy — 5"' paragraph, second sentence was
revised as follows: "The Employee Manual will be reviewed on
an annual basis as needed and presented to the City Manager and
City Commission for approval. d i g budget pr-,.,.ess period"
Section 1.2 — Applicability of Manual — 4t1' paragraph, second
sentence was revised as follows: "Each employee must read and
acknowledge receipt of all policies and procedures received by
signing and returning to the Human Resources Department ".
• Section 1.3 Administrative Directives/Policy -l'` paragraph,
second sentence was revised as follows: "Yearly updates or
revisions to this Manual will be presented to the City Manager and
City Commission for approval during btidget preeess period as
needed ".
Section 1.7 — Drug Free Workplace Policy — 3`d paragraph,
second sentence was revised as follows: "This Drug and Alcohol
Workplace Policy and Work Rules require all employees to be free
from the influence of drugs and/or unauthorized possession and /or
use of alcohol, while working or while on City property is
prohibited (this includes and is not limited to, rest periods, short
breaks and lunch breaks)."
Section 1.10 — Domestic Violence — this section was added in its
entirety: "Any employee who has a family or household member
who is a victim of domestic violence is eligible for up to three (3)
calendar days of unpaid leave from work in any twelve (12 ) month
period to participate in activities resulting from an act of domestic
violence."
Section 9.0 — Family Leave - amended to reflect the two (2) new
changes that came into effect regarding military leave entitlements
wherein eligible employees may take up to twenty -six (26) weeks
of leave to care for a military service member during a single
twelve (12) month period. This new leave entitlement also allows
families of members of the National Guard and Reserves to
manage their affairs while the member is on active duty in support
of a contingency operation. The following sentences were added to
this section: "To apply for FMLA, you must request updated
forms from the Human Resources Department. Two (2) new
provisions to the Family Leave Act made changes to the military
leave entitlements wherein eligible employees may take up to
twenty-six (26) weeks of leave to care for a military service
member during a single twelve (12 ) month period. The second
military leave entitlement helps families of members of the
National Guard and Reserves to manage their affairs while the
member is on active duty in support of a contingencyoperation.
This provision makes the normal twelve (12) workweeks of FMLA
job protected leave available to eligible employees with a covered
military member serving in the National Guard or Reserves to use
for "any qualifying exigency."
Section 20.0 — Hours of Work - this section was revised to
include the pre - approval of overtime by the department head. The
following sentences were added: "Overtime must be pre- approved
not to have its employees work frequent or considerable overtime:
however, department heads may authorize or direct an employee to
work overtime when necessary in order to meet emergency
deadlines or operational needs. For additional information
regarding_ Florida Labor Standards Act you may contact the
Human Resources Department."
a uctWll LJ V 1—lay I Vai A a vwuu+w ""444 6 +.
Emergencies/Disaster — this sub - section was added to clarify
payroll reporting procedure during a "declared emergency ". The
section states: During emergency situations and/or natural
disasters employees that are not required to report to work will get
paid their hours as Emergency Leave (EL). Essential personnel
will receive their pay as follows:
o Employees that are directed to stay home will receive
payment for eight (8) hours of Emergency Leave (EL).
o Employees that are directed to report to work will receive
payment for eight (8) hours of Emergency Leave (EL) and
eight (8) hours for regular hours worked.
o If they work over their regular scheduled time they will
receive those extra hours as time and a half.
Section 25.0 — Internet Policy Email and Personal Computer
Usage Policy — this section was replaced with a more detailed
explanation of the City's internet policy, email and personal
computer usage. The section is attached as pages 43 through 45.
In the spirit of being environmentally friendly, we have only included the relevant pages
from the personnel manual; however, if you need the entire copy, you may contact the
City Manager's Office.
Cost: N/A
Funding Source: N/A
Backup Documentation: Employee Manual
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
PERSONNEL RULES AND REGULATIONS
1.0 GENERAL POLICY
These rules and regulations are established for the purpose of providing consistent and equitable
personnel policies concerning 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 elected and appointed officials, members of the
boards and committees appointed by the City Commission, consultants or employees providing services
under contract to the City, emergency employees, and volunteers. Employees who are members of a
collective bargaining unit, shall be subject to the restrictions and benefits of their respective bargaining
unit agreements.
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 should be interpreted as encompassing both male and
female employees.
This manual supersedes all prior handbooks /manuals. The Employee Manual will be reviewed on an
annual basis as needed and presented to the City Manager and City Commission for approval. during
budget prooess-�. Any revisions or amendments will be posted on City bulletin boards, distributed to
all City departments and posted on the City's web page.
1.1 DISCLAIMER
This manual summarizes the various policies and benefits currently provided by the City. Nothing
contained in this manual or in any other city documents and nothing said or done by a city employee is
intended as an employment contract between the city and any employee or a guarantee of continued
employment.
No one has the authority to make any verbal statements of any kind, at any time, which is legally binding
on the City.
The City reserves the right to modify, revoke, suspend, terminate or change the language in this manual
in whole or in part, at any time, with or without notice. If, from time to time, changes are necessary or
revisions are made, employers shall be given revised copies for inclusion in this manual.
1.2 APPLICABILITY OF MANUAL
The City may, at any time develop and make known procedural rules, interpretations and other personnel
policies and may in certain instances, grant waivers to them.
These rules and regulations shall not be construed as limiting the authority of the Department Head to set
departmental rules and regulations governing the conduct and performance of employees. Departmental
rules shall not conflict with the provisions of this manual. Department rules shall be subject to approval
by the City Manager. .
Many matters covered by this manual, such as FMLA forms are described in separate City documents
and are also available in the Human Resource Department.
An acknowledgement of receipt of this manual is found at the end of this document. Each employee must
read and acknowledge receipt of all policies and procedures received by signing and returning to the
Human Resource Department.
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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. Yearly updates
or revisions to this Manual will be presented to the City Manager and City Commission for approval, as
needed.
1.4 EQUAL OPPORTUNITY EMPLOYMENT POLICY
There shall be no discrimination against any person in recruitment, examination, appointment, training,
promotion, retention, or any other personnel action 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 of South Miami is committed to the concept and practice of equal employment opportunity and
affirmative action to assure equal employment opportunity in all aspects of employment. It is the policy of
the City 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 principle 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. All employment
decisions will be made in accordance with principles of Equal Employment Opportunity.
It is the policy of the City to ensure that all employees are able to work in an environment which is free
from all forms of harassment on the basis of race, color, age, sex, national origin, religion, marital status,
sexual orientation, or disability. Harassment of any form is prohibited and will result in disciplinary action
up to an including termination. The City also prohibits retaliation against any individual who has
exercised any right protected by any federal, state or local law regarding Equal Employment Opportunity.
It is extremely important that all employees follow the City's commitment to Equal Opportunity.
Discrimination /harassment will not be tolerated. The City's basic goal is equal treatment of all employees.
1.5 SEXUAL HARASSMENT POLICY
The City of South Miami wishes to provide its employees with a pleasant work atmosphere. When
referencing this policy, the word "employee" refers to every person who works for the City of South Miami,
whether such person is classified, probationary, permanent, temporary, part-time, or designated as an
executive. Sexual harassment of any kind destroys that atmosphere and does not further the business
mission of the City. It is the policy of the City that no employee's work or emotional well being should
suffer because of sexual harassment. The City will not tolerate any sexually related conduct by any
employee, vendor, customer or supplier, which harasses, disrupts, embarrasses, intimidates, offends or
threatens another person.
Any employee, vendor, customer or supplier, who sexually harasses another person during work hours,
while on City property and /or while conducting City business shall be subject to the strictest disciplinary
measures available to the City under the circumstances, up to and including termination of employment
and /or cessation of contract with the City. Anyone who violates this policy will be subject to disciplinary
action up to and including dismissal from employment.
The following policies are mandatory:
a. All employees are expected to act in ways, which establish a professional work atmosphere free of
sexual harassment and sexual discrimination. Each Department Head shall ensure that the workplace is
free of sexual harassment. All employees have a duty to report any suspected sexual harassment by a
City employee, or a non - employee while on City property or when City business'is being conducted, to
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 which
is in violation of a law, rule or regulation.
Complaint Reporting Procedures:
The City of South Miami prohibits any form of retaliation against any employee for filing a bona -fide
complaint under this policy or for assisting in a complaint investigation. Any employee who believes he or
she has been the subject of retaliation should report the alleged act immediately (within 48 hours after the
alleged retaliatory act) to the Human Resources Manager and /or the City Manager. An investigation and
a written report responding to all complaints and findings will be undertaken and completed immediately.
Any supervisor, agent, or other employee who, after appropriate investigation, has been found by the City
to have retaliated against another employee will be subject to appropriate sanctions, depending upon the
circumstances, from a warning in his /her file up to and including termination.
1.7 DRUG FREE WORKPLACE POLICY
The City of South Miami ( "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
maintain the highest standards of morale, productivity and safety in our operations, we are instituting a
drug and alcohol free workplace policy. With the cooperation and assistance of our employees, we will
implement a program designed to provide a safe workplace environment free from drugs and alcohol use
and /or abuse.
We recognize that alcohol and drug dependency require medical supervision and treatment if there is to
be successful rehabilitation. Our desire and intent is to encourage any employee with alcohol or drug
dependency to voluntarily enter a drug or alcohol rehabilitation program. It is the responsibility of each
employee to initiate and obtain assistance before any difficulties with drugs or alcohol affect his or her
ability to perform job functions. Accordingly:
Our 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. This Drug and Alcohol
Workplace Policy and Work Rules require all employees to be free from the influence of drugs and
alcohol while working or while on City property is prohibited (this includes and not limited to rest periods
and lunch breaks). The use, possession, sale, distribution, or manufacture of any drugs, and /or the
unauthorized possession and /or use of alcohol, while working or while on City property is prohibited.
All "job applicants" will be tested for drugs prior to beginning work. All employees will be subject to drug
and alcohol testing upon reasonable suspicion, after an accident or injury which requires medical
attention, as a follow -up to release from a rehabilitation program, and as part of a routine fitness for duty
(physical) examination. Certain employees may be subject to random drug and alcohol testing pursuant
to federal law or collective bargaining agreements. All employees are encouraged to be aware of the
effects of and to advise their supervisor when taking prescription medication which may affect their
performance at work.
To ensure a workplace free from the influence of illegal drugs and alcohol abuse, the following Policy has
been established. The Policy applies to all employees, supervisors and managers. Any violation of the
Policy will result in discipline, up to and including termination of employment.
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
1.8 SAFETY AND HEALTH POLICY STATEMENT
The safety of every City of South Miami employee is a matter of prime importance and we constantly
strive to keep the City a safe place to work. Each department shall communicate the department's Safety
Rules and Regulations. Employees shall study these rules and keep them part of the Personnel Rules
and Regulations Manual. In addition, a comprehensive guide to safety procedures is contained in the
Supervisor's Safety Guide, a copy of which may be obtained through the Human Resource Department.
The City meets or exceeds all applicable State and Federal Safety requirements. If an employee comes
across what he or she deems to be a hazardous condition, it shall immediately be reported to Human
Resources and /or a Supervisor and /or Safety Coordinator.
Each employee is responsible for his or her safety. Employees acting in an unsafe manner or failing to
immediately identify or correct unsafe conditions are subject to disciplinary action up to and including
termination.
1.9 VIOLENCE IN THE WORKPLACE POLICY
Violence, or the threat of violence, has no place in any of the City's work locations. It is the policy of the
City that no act of employee workplace violence or threats of violence will be allowed or tolerated.
It is the shared obligation of all employees, law enforcement agencies, and employee organizations to
individually and jointly act to prevent or defuse actual or implied violent behavior at work. If an employee
comes across this situation, they must immediately report it to the Human Resource Department.
Violence, or the threat of violence, by or against any employee of the City of South Miami or other person
is unacceptable and contrary to the City's policy, and will subject the perpetrator to serious disciplinary
action and possible criminal charges. The City will work with law enforcement to aid in the prosecution of
anyone within or outside of the organization who commits violent acts against employees.
Possession, use, or threat of use of a deadly weapon, including all firearms, is not permitted at work, or
on City property, or in City vehicles in the absence of written approval of the City Manager.
No employee acting in good faith, who reports real or implied violent behavior will be subject to retaliation
or harassment based upon their report.
1.10 DOMESTIC VIOLENCE
1.
a.
b.
C,
d.
e.
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CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
"Victim" means an individual who has been subiected to domestic violence.
• Information relating to the employee's leave under this policy must be kept confidential and
is exempt from disclosure.
2.0 CLASSIFICATION /COMPENSATION PLAN
The purpose of the Classification /Compensation Plan is to provide an orderly and fair means for
compensation of employees on the basis of work performed and the efficiency of performance. The
Classification /Compensation Plan as adopted by the City Commission, shall constitute the official
schedule of salaries for all positions in the City service.
The plan facilitates recruiting through appropriate definitions or positions, establishment of reasonable
standards for appointment and promotion, and orderly control of personnel changes such as transfers,
promotions, demotions, and other personnel status changes.
The class title shall be the official title of every position allocated to the class for the purpose of personnel
action, and shall be used in all payrolls, budget requests, official records, and reports relating to the
position.
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 with longevity, under no circumstance should
employees fall above their pay range. All employees should fall between their pay range. Normally, a six
year period should be required to rise from minimum to maximum rate for each class as of the
anniversary date of employment. If at any point it is warranted to increase maximums, the City Manager
must get pre - approval from the City Commission.
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CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
not following appropriate procedure for timely requesting sick leave, not bringing in a note when
required or requested by the department head, not following City's policy in some manner, or failing to
accumulate sick leave.
8.5 Return to Work
1. The City reserves the right to require an employee returning from medical 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.
8.6 Conversion of Sick Leave
Employees who have attained a sick leave balance of a minimum of 36 days (288 hours) shall be eligible
on their first anniversary date, and annually thereafter, following that accumulation, to convert of their
unused sick leave balance in excess of 288 hours to annual leave to a maximum of four (4) days, with the
exception of any employee who utilizes in excess of thirty (32) hours of sick leave during a one year
period will not be eligible for this benefit.
8.7 City Wide Shared Sick Leave Program
Employees may be provided the opportunity of donating accrued leave time to a designated employee
wherever extraordinary circumstances require the designated employee to be absent from work due to an
extended, non -work related illness or injury, and /or catastrophic circumstance approved by the Sick
Leave Donation Committee.
Requests to receive donated leave time must be completed in writing (Request for Sick Leave Assistance
form) and submitted to Department Head. In reviewing such request, consideration shall be given to the
designated employee's previous leave history, as well as the nature of the illness, injury, or catastrophic
situation. In order to be eligible for City Wide Shared Sick Leave, you must have exhausted all leave time
that has been accumulated.
Upon approval, of leave application requests, Donation of Leave Application forms will be distributed to
city staff. The donation must be made as a free and voluntary act and no duress or coercion shall be
placed upon an employee to make such donation of his/ her accrued leave time.
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 donation forms
received but not utilized, will be placed in a Sick Leave Bank Reserve to be utilized for future request.
A maximum of 400 of donated leave time will be permitted per individual request. Employees wishing to
donate time may donate up to 80 hours of accrued leave per individual request.
Time donated for this purpose will not be considered during the performance rating period.
9.0 FAMILY LEAVE
As provided by the 1993 Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et. seq. (1995), all
eligible employees shall be entitled to take up to twelve (12) weeks of unpaid, job - protected leave during
any twelve (12) month period for specified family and medical reasons. To apply for FMLA you must
request updated forms from the Human Resources Department.
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CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
during a single twelve (12) month period.
Covered Family and Medical Reasons:
1. An eligible employee shall be entitled to twelve (12) weeks of unpaid leave during a 12 -month
period for one or more of the following reasons:
a. For incapacity due to pregnancy, the birth or placement of a child, prenatal medical care,
adoption or foster care (leave must be taken in consecutive work weeks);
b. To care for an immediate family member with a serious health condition; or
C. To take medical leave when the employee is unable to perform the functions of his /her
inh hpcausp of a serious health condition. -
NJ
e.
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 Resource Manager.
Employee Eligibility:
1. An employee shall be entitled to family leave when he /she meets the following criteria:
a. The employee has been employed by the City for at least twelve (12) months prior to the
leave. The twelve (12) months of employment by the City does not need to have been
consecutive. If the employee was on the payroll for part of a week, the City will count the
entire week. The City considers fifty -two (52) weeks to be equal to twelve (12) months;
and;
b. The employee has worked at least 1,250 hours during the twelve (12) month period
immediately preceding the leave. The 1,250 hours include only hours actually worked.
They do not include vacation time, sick time or personal time.
C. When both spouses are employed by the City, they are jointly entitled to a combined total
of twelve (12) work weeks of family leave for the birth or placement of a child for adoption
or foster care, or to care for a parent who has a serious health condition.
Calculation of Leave:
1. Eligible employees can use up to twelve (12) weeks of leave during any twelve (12) month period.
The twelve (12) month period will be determined using a "rolling" period - beginning on the first
day leave is requested and extending back twelve (12) months. No more than twelve (12) weeks
of leave under the policy may be taken in any twelve (12) month period.
2. Each time an employee uses leave, the City computes the amount of leave the employee has
taken under this policy, subtracts it from the twelve (12) weeks and the balance remaining is the
amount the employee is entitled to take at that time.
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CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
17.0.8 Dismissal of At Will Employees
At Will employees maybe dismissed or demoted whenever in the judgment of the City Manager the
employee's work, misconduct so warrants. Employees of the police department with the rank of Deputy,
Major and Chief of Police shall be classified under the unclassified service.
17.0.9 Resignations
The Human Resource Department shall be promptly informed of the resignation of any employee in the
municipal service. Any absence of an employee from duty without leave for three or more days may be
considered a resignation.
17.1 Reduction of Force — Layoff
A department head, subject to the approval of the City Manager, may separate any employee without
prejudice because of lack of funds or curtailment of work. However, no regular employee shall be
separated from any department while there are emergency, provisional, probationary or temporary
employees in the same class of position in that department. An employee that is laid off and such
employee is in good standing, will be eligible to receive in addition to the payment of their accrued
vacation leave, separation pay equal to two (2) weeks' salary. Employees dismissed for other reasons,
shall not be entitled to separation pay.
18.0 PENSION PLAN
The City of South Miami provides a Pension Plan for full -time employees. Effective October 1, 1995,
participation in the plan is mandatory for all full -time employees. Contribution amounts are based on
actuarial amounts determined by the actuary. The actuarial study is presented to the City on a yearly
basis.
Effective 10/1(2006 and thereafter, 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 of 8.00 % and the employees shall
contribute a total of 8.00 %). For full text please see Ordinance 16 -08 -1951 adopted May 20 2008 titled
Pension Plan.
19.0 CITY EMPLOYEE TRAVEL AND DUTY RELATED REIMBURSABLE EXPENSES
City of South Miami employee duty related travel reimbursable expenses shall be governed by prevailing
Florida State Statues as outlined in Chapter 112. Department Heads shall make every effort to make a
city — owned vehicle available for city -duty related travel if necessary. Employee must submit receipts
documenting reimbursable costs for subsistence.
20.0 HOURS OF WORK
The normal schedule for regular, full -time employees is a five -day, forty (40) hour work week. The City
Manager may make exceptions to this rule when a position requires an alternate schedule. it is the
employee's responsibility to be on the job during their regular schedule. Employees who are absent
without leave or are habitually late may be subject to disciplinary action up to and including termination.
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CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
21.0 OUTSIDE EMPLOYMENT
No full -time employee is permitted to work at an outside job, including self — employment, without the
prior approval of the Department Head and the City Manager. Failure to inform your Department Head
may be grounds for disciplinary action up to and including immediate dismissal of employment. Forms for
approval of outside employment are available in the Human Resource Department. Forms must be
updated on an annual basis and copies forwarded to Human Resource and City Clerk's Office.
22.0 TUITION REIMBURSEMENT
The City will reimburse 50% of tuition costs for approved coursework with grades of " C " or better for
undergraduate coursework, and grades of " B " or better for graduate coursework. Employees
requesting tuition reimbursement must have a current performance evaluation on file with a rating of
satisfactory or above satisfactory.
Regular full -time employees may request tuition reimbursement for coursework at an accredited
educational institution or an accredited educational program to improve their effectiveness in their current
position which would benefit for future career development. Prior to registering for any courses, prior
approval must be submitted to Department Head and City Manager.
Should the employee terminate his /her employment for any reason within two years of receiving a tuition
reimbursement payment, he /she will be required to refund the City any monies paid prior to separation
from the City.
23.0 CITY -WIDE EMERGENCIESIREPORTING 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 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 for reasonable tome 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. Failure to report for duty, without prior leave approval from
the Department Head, shall result in termination of employment.
Personnel will be assigned to duties as outlined in the Hurricane Preparedness and Recovery plan 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 Fair Labor Standards Act that are
on duty in excess of forty (40) hours per week, at the direction of the City Manager or designee, may be
compensated above their regular salary as determined by the City Manager at their discretion.
Employees who fail to report for duty as directed may be subject to disciplinary action up to an including
termination of employment.
23.0.1 PAYROLL REPORTING PROCEDURES DURING DECLARED EMERGENCIES /DISASTER
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CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
• If they work over their regular scheduled time they will get those extra hours as
time and a half.
24.0 USE OF CITY OWNED VEHICLES
Employees agree to be bound and abide by the City Vehicle Policy dated 02/09/00 and available to
Department Head's office and /or Human Resource Department.
25.0 INTERNET POLICY EMAIL AND PERSONAL COMPUTER USAGE POLICY
All e-mail transmission should be used for business communications only.
Some examples of unauthorized internet usage are as follows:
1. Violation of any laws regulation departmental or City policies including State and County
Codes of Ethics.
or computer resources.
3. Viewing pornography, or sending pornographic Jokes or stories via email.
4. Political endorsements or the sending of chain letters.
5. Installation of non approved software including games or entertainment software use for any
personal, reasons resulting in or relating to personal gain or for profit enterprise copying
(uploading or downloading) commercial software in violation of copyright law, Only the Citv
Manager or his designee may authorize the installation of software.
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CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
rumors or pictures based on race sex sexual preterence sexual Onenia ➢On Ienymi cuwi
national origin or disability.
Exceptions
Right of inspection
Disclaimer of liability
Responsibility of employees
Public records
.e
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Security policy
26.0 INSURANCE
The City agrees to pay for HMO health insurance for all full time City employees. Employees wanting the
optional POS or PPO health insurance will pay the difference between the two plans. The City will also
continue the current levels of coverage for dental, life and disability insurance. The employee agrees to
pay for 100 % of dependent coverage for health and dental insurance.
27.0 CODE OF ETHICS
Employees agree to be bound and abide by the Code of Ethics Ordinance which is available in the
Human Resources Department and /or City Clerk's office.
28.0 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
that are too difficult to handle alone. Employees are encouraged to seek assistance before such
problems negatively affect well -being and on the job performance. You may request additional
information by contact the Human Resource Department.
29.0 VIOLATIONS OF THE CITY CHARTER
a) Any employee who believes that there has been a violation of the City Charter shall file a written
complaint directly with the city attorney.
b) The city attorney shall investigate all complaints and shall advise the employee making the complaint
of his /her findings. In those instances where the city attorney finds that a violation of the City Charter
has occurred, the city attorney shall prepare an investigation report and present findings at the next
regularly scheduled city commission meeting. The city attorney shall make a recommendation to the
city commission as to the findings, however, the city commission shall make the determination
whether any employee has willfully violated the City Charter.
c) Any employee who has willfully violated the City Charter may be terminated for cause.
d) The City of South Miami shall not discriminate against any person, or against any of its employees or
applicants for employment because they have made a charge, testified, assisted or participate in any
manner in an investigation pertaining to an alleged violation of the City's Charter.
30.0 DRESS CODE
As public employees and representatives of the City of South Miami, we have a responsibility to present
ourselves in a professional manner during working hours. While climate and custom permit, a,
somewhat, casual work attire, you should 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:
IR