Res. No. 019-08-12616RESOLUTION NO.: 19-08-12616
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, ADOPTING CITY OF SOUTH MIAMI PERSONNEL
MANUAL; PROVIDING AN EFFECTIVE DATE.
I WHEREAS; in an effort to abide with the city's requirement to update the Personnel Manual and
secure the City Commission approval; and
WHEREAS, several workshops were held this year to allow the City Commission to review and
update current policies and regulations in place; and
WHEREAS, all sections were thoroughly reviewed in detail and any changes recommended were
incorporated into the attached manual; and
WHEREAS, during this review process, collective bargaining agreements were taken into
consideration; 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: The City Commission is approving the City of South Miami Personnel Manual.
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 day of 2008.
ATTEST:
CITY CLERK
COMMISSION VOTE: 5-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
g4 M,,
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Yvonne S. McKinley, City Manager 4r__1
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, ADOPTING CITY OF SOUTH MIAMI PERSONNEL
MANUAL; PROVIDING AN EFFECTIVE DATE.
Request: Adopting the Personnel Manual
Reason/Need: In our effort to abide with the city's requirement to update the Personnel Manual
and secure the City Commission approval, the attached manual is submitted for
your consideration. Several meetings/workshops were held this past year for the
City Commission to allow them to review and analyze current policies and
regulations in place. All sections were thoroughly reviewed in detail and any
changes recommended by the City Commission were incorporated into the
attached 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 is a list of major changes/revisions to the manual:
Section 1.1- Disclaimer— a disclaimer clause was added to clarify that
employment is not a guarantee of continued employment by virtue of any
part of this manual. '
Section 1.2 — Applicability of Manual — added language wherein any
and all revisions or updates must be presented to the City Manager and
City Commission for approval on an annual basis.
Section 1.4 through 1.9 {E /OE /Sexual Harassment/Violence in the
Workplace) -language was updated and revised in compliance with
federal regulations.
Section 2.0 — Classification/Compensation Plan - language was added
which specifically states that under no circumstances should employees
fall above the maximum pay range, while performing the same duties,
except in the case of longevity increase.
• Section 3.0 — Probationary Period — changed probationary period from
six to twelve months for any employee hired after this manual is adopted.
• Section 3.2 - Dismissal during Probationary Period - amended to
reflect that all probationary employees are considered At Will and may be
terminated with or without notice and without right to appeal.
• Section 5.0 — Recruitment and Selection -was updated to reflect
complete pre-employment process for all potential applicants.
• Section 5.1.1 — Pre-employment Testing was added to include a
national background check on all potential new hires.
• Section 6.2 — Observance of Weekend Holiday — added to indicate that
in order to get paid for a holiday, employees are required to work the day
before and the day after the holiday unless previously approved by the
department head.
• Section 8.0 — Sick Leave Policy -was updated in compliance with
Family Medical Leave Act (FMLA) standards. Language was also added
to include "domestic partner" as immediate family member. A domestic
partnership is a legal or personal relationship between two individuals
who live together and share a common life but are not joined in marriage.
• Section 10.0 through 10.2.1 — Workers Compensation - was revised
and appropriate amendments were made in accordance with current
Worker's Compensation regulations.
• Section 11.0— Jury Duty —amended to require employees to provide
proper documentation for payroll processing.
• Section 13.0 — Military Leave — updated to be in compliance with current
Uniformed Services Employment and Re-employment Rights Act
(USERRA).
• Section 14.0- Bereavement Leave- amended to include domestic
partner as immediate family.
• Section 15.0 through 16.0.1- Overtime Pay — this section was amended
to reflect current changes regarding exempt and non - exempt status under
Fair Labor Standards Act (FLSA).
• Section 16.0 Grievances — This section was amended to read:
Probationary and/or part time employees are not eligible to appeal or
grieve any disciplinary action. Appeals of disciplinary action and other
grievances shall be governed by the applicable collective bargaining
contracts, others may appeal directly to the City Manager.
I'.�- M
Section 17.0.8 —At Will Employment —this new section was added to
address At Will employment: At Will employees may be dismissed or
demoted whenever in the judgment of the City Manager the employee's
work or misconduct so warrants.
Section 17.1 — Reduction of Force — Layoff — this section was added to
specify that any employee that is laid off will be eligible to receive two
week pay in addition to any accrued vacation. Employees dismissed for
other reasons, will not be eligible for any separation pay, except
authorized by the City Commission.
Section 18.0 Pension Plan — this section was revised regarding the split
of contribution amounts between the City and the employee. With this
revision, the section is now consistent with Section 16-19 of City's Code
of Ordinances entitled Pension Contributions.
Section 27.0 — Code of Ethics — was revised to reflect that all
employees are required to abide with Code of Ethics Ordinance.
Section 28.0 — Employee Assistance Program — Current program in
place and is made a part of this manual as a benefit to all city wide
employees. This ongoing program is now included in the manual.
Section 29.0 — Violations of the City Charter — This section was added
to clearly define proper protocol for reporting any and all violations of the
City Charter.
Cost: N/A
E
Proposed Resolution
Employee Manual
Page 3 of 3
leol�ll 11
4,,,.1ty of South Miami
South Miami
All-America Citr y
I I j
2001
it Ril'T"0314,
CITY COMMISSION:
Horace G. Feliu
Randy G. Wiscombe
Velma Palmer
Marie Birts
Jay Beckman
Yvonne Soler-McKinley
Luis Figueredo
Maria M. Menendez
W. Ajibola Balogun
Jeanette Enrizo-Navarro
Maria Garcia
Prepared By:
City of South Miami
Human Resources Department
6130 Sunset Drive
Miami, Florida 33143
Tel:.(305) 668-2515 Fax: (305) 668-3877
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Personnel Rules and Regulations
Table of Contents
WdEw
1.0
General Policy and Purpose
6
1.1
Disclaimer
6
1.2
Applicability of Manual
6-7
1.3
Administrative Directives
7
1.4
Equal Opportunity Employment Policy
7
1.5
Sexual Harassment and EEO Policy
7-8
EEO/Sexual Harassment Complaint Procedure
8-9
1.6
Retaliation Policy/Reporting Procedure
1.7
Drug Free Workplace Policy
9-22
1.8
Safety and Health Policy Statement
23
1.9
Violence in the. Workplace
23
2.0
Classification /Compensation Plan
23
2.1
Administration/Maintenance of Plan
24
2.2
Allocation of Positions
24
2.3
Job Descriptions
24
2.4
Filling of Positions
25
2.5
Beginning of Salary
25
2.6
Longevity Pay Plan
25
2.7
Salary Rate in Transfer, Promotion or Demotion
25-26
3.0
Probationary Period
26
3.1
Duration of Probationary Period
26
3.2
Dismissal during Probationary Period
26
3.8
Transfer during Probationary Period
26
4.0
Performance Evaluation
26-27
4.1
Evaluation of Probationary Employees
27
4.2.
Evaluation of Regular Employees
27
5.0
Recruitment, Selection, Promotion and Appointment
27-28
5.1
Examination of Candidates
28
6.0
Holidays
28
7.0
Annuall-eave
29
8.0
Sick Leave
29-31
9.0
Family Leave
31-34
9.1
Transitional /Light Duty
34-37
10.0
Workers Compensation/Procedures
37
11.0
Jury Duty
38
12.0
Leave without Pay
38
13.0
Military Leave
38
14.0
Bereavement Leave
38
15.0
Compensatory/Overtime Pay
38
16.0
Grievances
39
17.0
Disciplinary Action and Separation
39-40
18.0
Pension Plan
41
2
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
19.0
City Employee Travel Related Reimbursable Expenses
41
20.0
Hours of Work
41
21.0
Outside Employment
41
22.0
Tuition Reimbursement
41
23.0
City-Wide Emergencies
41-42
24.0
Use of City Owned Vehicles
42
25.0
Internet Policy
42
26.0
Insurance .
42
27.0
Code of Ethics
42
28.0
Employee Assistance Program
42-43
29.0
Violations of the City Charter
43
30.0
Dress Code
43
31.0
City Identification
44
32.0
Return of City Equipment
44
33.0
Accidents
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
DEFINITIONS
Allocation ' The assignment of position to on appropriate classification on the basis of type, difficulty
andnasponaibi0vof the vvork ed. ' '
Anniversary Date- Represents the data of hire; however, the anniversary date may be adjusted when
an employee has been reclassified from full time to pad time and/or when an employee has been off the
job for an extended period of time, such as leave of absence. Anniversary date only applies to determine
years of service with the City. —
Classification - Positions similar in duties and nesponaibi|iUes, requiring similar qualifications and any
within the same pay range that share the same descriptive title. '
Collective Bargaining Agreements
Contracts between the City and the union covering o group of employees within a class. The personnel
rules and regulations shall apply to all employees covered bya collective bargaining agreannent Where the provision of these rules conflict with those of the collective bargaining agreement, the latter ' shall
prevail.
Compensation Plan — Schedule of pay rates listing minimum' maximum and intermediate steps
established for each job classification.
Demotion - A change in classification from one classification 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
ofen established City department.
Exempt Employee 'Anemployee who is not eligible to earn overtime under the overtime provision ofthe
.Fair Labor Standards Act (FLSA).
AtVViU— Thnseanaemp|oyeesthatnnaybedionniasedordernnbadvvhenevorinthe� ^ udgrnentof the City
Manager the employee's work or misconduct aowarrants.
Fu[} time ennployeo- An employee who works 32 hours a week ormore on e continuing basis and is
eligible horeceive all benefits and rights as provided by the Personnel Rules and Regulations.
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 — An increase in pay not to exceed that which is net in the pa.
' p|an, based on a
employee's job performance and the results ofen employee's evaluation.
Overtime - Hours worked in excess of the normal work perind, and in accordance with the provisions of
the Fair Labor Standards Act (FLS/0.
Part-time omupYoyee- Employees who work less than 32 hours a week. Part time employees are not
eligible to receive any benefits through the City.
Pay Range - The minimum, maximum and intermediate pay rates established for a classification.
PerfommanceEvelootion — An evaluation relative to the conduct and overall performance ofan
employee in the municipal service.
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Position - A group of duties and responsibilities which require the full or pad time employment of one
person.
ProbabunaryEmnp}oyem - An employee serving his/her probationary period prior to attaining regular
status in a regular position.
Probationary Period Ex±enoioo — Probohonarypahodefornevv|y hired employees may be extended no
more than six months. Any extensions must be pre-approved by the City Manager.
Promotion - Achange is classification from one classification to another with a higher maximum pay
range.
Reclassification - The change in classification of an employee from one classification to another
classification which has been determined to more accurately describe the duties per-formed by the
employee.
Reduction in Force - The indefinite termination of employment because of lack of work or funda, or
because of restructuring within the organization.
Rehire -The re-employment of former employee who resigned in good standing. Rehired employees
shall be treated aso new employee.
Resignation - Act of voluntarily withdrawing from city employment.
Removal - The separation ofan employee from service with the City.
Sick Leave - Time off granted to an employee to recuperate from personal illness or injury duhng which
he retains his employment rights and is paid in full or in part for the time he is off.
Suspension - Temporary removal from duty for disciplinary purposes or pending investigation of charges
made against enemployee.
Temporary Employee - An employee appointed for m 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.
Transfer — The moving of an employee to a job in the same classification or grade in either the same
department orin another department.
Work Period- The normal work period shall be defined and applied aafollows:
Full time employee 4O hours per week
Part time employee 32or fewer hours per week
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
PERSONNEL RULES AND REGULATIONS
1'O GENERAL POLICY
These rukee 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 guide|inee for the implementation and administration of such h po|icies.
These rules apply to all employees of the City except elected and appointed officials, members of the and committees appointed by the City Commission, consultants or ` employees providing services
under contract to the City, emergency employees, and volunteers. Enp|"/e=° who are members of a collective bargaining unit' shall be subject to the restrictions and benefits of their respective bargaining
unit
Should it be determined that any federal, ababa, county, or city law is in conflict with any portion of this only that poton of this manual shall be invalid and the remainder shall remain in full force and effect.
Any gender specific references' in this nnonue| should be interpreted as encompassing both nna|e e d
female employees.
n
This manual supersedes all phorhondbooko/manuo|a. The Employee Manual will be reviewed on an
annual basis and presented to the City Manager and City Commission for approval during budget process
period. Any revisions or amendments will be posted on City buUeting boards ' distributed to all City
1'Y
This nnanual summarizes the various policies and benefits ounnnMv provided by the City. " Nothing onntainedinthiananua|orinanyotheroitydoounenbsandnothing—eidordono^yacity=/p|oyeom intended as an employment contract between the city and any employee or guarantee of continued
No one has the authority to make any verbal statements of any kind, at any time, which is legally binding
The City reserves the right to rnodifv, revoke, suspend, terminate or change the language in this manual
in vvko/e or in part, at any time, with or without notice. |� from time to time, changes are necessary
revisions are nnade, employers shall be given revised —piemforinniusiun in this monuai or
1.2 APPLICABILITY OF MANUAL
The City may, od any time develop and make known procedural rules interpretations and other personnel
policies and may in certain inotonmaa, grant waivers to them. '
These rules and regulations shaUnotbeconehoedua|imitinQtheauthohh/oftheDepartmentHeadt omst departnenta|ru|eeondnagu|ationsgoverningiheonnductandpedhnnanceofenp|oyeen Departmental ru|eo shall not conflict with the provisions of this manual. Department rules nhe>| be subject to a pprova / bytheCi(yWanagec
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Many matters covered by this manual, such an FK8LA forms are described in separate City documents
and are also available in the Human Resources DeporhnenL '
An acknowledgement of receipt of this manual is found at the end of this document. Each employee must
naod and acknowledge receipt ofall policies and procedures received by signing and returning to 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. Yearly updates
or revisions to this K8anualwill be presented to the City PWanogerand CUxCornnnisaionfor approval �during
budget process period,
1'4 EQUAL OPPORTUNITY EMPLOYMENT POLICY
There shall be no discrimination against any person in recruitment, examination, appointment, tnaning,
prumotion, retenUon, 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 Qb/ of South Miami is committed to the concept and practice of equal employment opportunity and
affinnetiwa action to assure equal employment opportunity in all aspects of employment. It' is
the policy of
the City to neoruit, hire, train and promote into all job levels, employees and applicants for employment
without regard to naoe, color, age, aex, national origin, religion, marital nbatuo, sexual orientation or
disability. The City bases all such decisions on individual nneht, qualification and competence aathey
ns|eh* to the particular position and promotion of the principle of equal employment / The
City's commitment to equal opportunity applies to � facets of the employment relationship, including
oonnpenoation, 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, co|nr, age, sex, national ohgin, reUOion, marital ebatus,
oexual 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 oonnrnibnent to Equal Opportunity.
Discrimination/harassment will not botolerated. The City's basic goal is equal treatment of all employees.
1'S SEXUAL HARASSMENT POLICY '
The City of South Miami wishes to provide its employees with a pleasant work atmosphere. When
referencing this policy, theword"emplovee"refersbzeverypmrsonwhuworkafortheCdvofSouth Miami,
whether such person is dassified, probaMonary, permanent, temporary, part-time, or designated as an
executive. Sexual harassment of any kind destroys that atmosphere and does not further the business
mission nf 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 byany
employee, vendor, customer or supplier, which harasses, disrupts, ernbornaeees`intinnidatea.offendeor
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, upto and including tenminationofennp|oyment
and/or cmasobonof contract with the City. Anyone vvhoviolates this policy vviUbe subiectb»disciplinary
acUonupb/ and including diarnissa|�ornernp|oynnent. '
7
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 ie
free of sexual harassment. All employees have a duty tnreport any suspected sexual harassment bva
{�ityemployee, oranon-ennp/oyeevvhi|eon City propehyorvvhen City business is being cunduotod '
the appruphateDepe�mentHead even if they are not the victinn. An employee's hghtsand status `i^�
the City ehaUnot in any vvaybe harmed due to any good faith nspo�of suspected sexual hanaasm''~'nor
shaUany retaliation against such employee botolerated.
-''^'
b. No supervisor or non-employee shall threaten or insinuate that an employee's refusal to submit to
sexual advances, or any type of sexual harassment, will adversely affect his or her employment in any
way - including evaluations, wages, advancement, duties, shifts, disciplinary matters orbenefihs
n. Any other sexually oriented behavior byanernp!oyee. which ieunvveloornadby another pe - --on is
prohibited. Such conduct may include, but ianot'|imitedto:
'
1. Repeated sexual flirtations, advances, staring orpropositions;
2. Verbol abuse of sexual netuna, sexually related oonnnoente or �okmo' requests for sexual
favon�graphic or degrading cumnneAtoabout a person's ap ' or sexual | degrading
words to describe a person including verbal abuse about one's sexual orienteU-'
3, SexuaUysuggeshvebody noovenoentodirected toward a person;
��`
4. &nyuninvitadphysioalconbactvvhiuhisoexua/nroffensive, such os patting, pinching
groping, or constant brushing against anothe�s body; and
'
5. Jokes or remarks of a sexual nature, obscene gestures, or the display of sexually explicit or
suggestive pictures, cartoons or other such materials.
G. Any sexually harassing behavior directed toward e non-employee bya/ employee during
working hours or while on City property will be treated as if the harassment was directed toward
an employee.
1. Any person who believes that they have been discriminated against or harassed in the
work place shall lodge a written complaint directly with any of the following individuals:
the City Manager, the Human Resource Manager, or the employee's supervisor or
department head.
2. All employees have a duty to file a complaint on any suspected incident of discrimination
or harassment,
3. It is the responsibility of the Department Head and/or immediate Supervisor, to report it to
the City Manager and/or the Human Resources Manager immediately.
4. Once the Human Resource Manager or the City Manager receives a complaint, the
HumanReaouroe[Nenagervvi|lconductaninveoUgahon'TheinvestigaUonaha||indude
on interview with the onnp|oyae(a) who made the complaint, and the person(s) toward
whom the complaint was directed. Any other persons who have information regarding
the alleged complaint may also be interviewed.
5. The Human Resource Manager shall prepare a written investigation report within (15\
�fteenvvorkdayoof the notification nf the suspected dischnnination/hanaoannentun`a'
extenuating cinounnabanoeoprevent honndoing so. The investigaUonn*po�shall ino|-de
a finding that diaoriminm�on/haoaosmentoccurred, did not occur nr there io�-
evidence aotovvhetherdiachnnination/hanassrnentoocumed. The results ofthe
inconclusive
investigation shall bo sent to the enp|oyee(a)to whom the suspected
discrimination/harassment was directed, and the employee(s) sunpec
badofthe discrimination/harassment. The report and any disciplinary
action which results will be
placed in the appropriate ennp|oyea(e) personnel file.
CITY UFSOUTH MIAMI PERSONNEL RULES AND REGULATIONS
1.6 RETALIATION POLICY
The City ofSouth Miami will not discriminate against any of its employees or applicants for employment
because that have opposed any act or practice made unlawful under dofena|, state, or local anti-
discrimination |awm, or because they have made aoharge. teebfied, assisted or participate in any manner
in an investigation, proceeding, litigation or hearing pertaining to federal, state urlocal anti-discrimination
laws.
Further, the City will not take any retaliatory personnel action against an employee because the employee
1. Diodosed, 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 b\ or testified before any epprnphola governmental egency, ponaon, or
entity conducting an invasUgmtion, heahng, or inquiry into an alleged violation of |mvv, ru|e, or
regulation bv the employer;
3. Obieotedto.ornefueedtoparticipbtein.onyootivity.pn|iny.orpnactioeoftheennp|oyervvhichisin
violation of |evv` rule or regulation.
Complaint Reporting Procedures:
The City of South Miami prohibits any form of retaliation against any employee for filing e bona fide
complaint under this policy or for assisting ina complaint investigation. Any employee who believes heor
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
City of South N1inrni ("City") is committed to providing a safe work environment for our ennp/oyoeo, our
guests, our onrnrnunihy 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 e
drug and alcohol free workplace policy. With the cooperation and assistance of our amplmyeea, we will
implement a program designed to provide a safe workplace environment free from drugs and alcohol use
and/or abuse.
We recognize that ekmho| 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 o 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 Prognann, as provided in Section 440.101' et
seq.' Florida Stsduban, 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 nr while on City property. The use, possession, sale, distribution, or manufacture of
any drugs, and/or the unauthohzed possession and/or use of alcohol, while working or while on Qb/
property improhibited.
All "job applicants" will be tested for drugs prior to beginning work. All employees will baoubiocttodrug
and alcohol testing upon reasonable suap)cion, after an accident or injury which requires medical
6
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 /evv 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 atwork.
To ensure aworkplace free from the influence of illegal drugs and alcohol abuse, the Pohovhme
been established. The Policy app|�etoaUernp�veea. supervisors and managers. Any violation ' the
Policy will result in discipline, up to and including termination of employment.
B.
1.0 means ethyl alcohol (ethanol) including a distilled spirit, vne, a malt beverage
and intoxicating liquor. For purposes of this policy, alcohol is considered to
be a drug. Thus, any
reference to drugs and/or drug testing includes alcohol and/or alcohol testing.
2.0 : means alcohol (as defined above); an amphetamine; ooannebinuid; cocaine,
phencyclidine (PCP); a hallucinogen; nnethoquo|nne; an opiate; a barbiturate; a bnnzodiazepine; a
synthetic narcotic; o designer drug; or o metabolite of any of the substances listed in this paragraph. Job
applicants and employees may' be tested for any or all such drugs.
3.0 Drug.. rehabilitation program: means a service provider established pursuant to Florida
|avv that provides confidenUa|. Unne|y, and expert identifiuetion, assessment, and resolution of employee
drug abuse.
4,0 Job Applicant: means a person who has applied for e position with the City. A'ob
applicant for m "safety sensitive" ora "special risk" position will be offered employment conditioned upon
successfully passing o pre-employment drug test. Under some circumstances, such a job applicant may
begin pending the results of the drug test.
5.0 : means an individual who works for the City on a full-time or part-time basis
and receives salary, wages, or other remuneration.
6.0 Drug Tes:
6.1 "Drug test" means any chennica|, biological or physical instrumental analysis administered
by a laboratory certified by the United States Department of Health and Human 8en/ioea (HHS) or
licensed by the Agency for Health Cana Administration (AHCA) for the purpose of determining the
presence of drug or its nnetobo|ibas, including alcohol.
8.2 Drug testing may require the collection of blood, urine' bneadh, oo|ivo' or hair (if approved
byACHA) of an employee or job applicant. The City has the right to use more accurate, `scientifically
accepted methods which may be approved in the future by the United State's Food and Drug
Administration (FDA)orthe AHCAas such technology becomes available ina cost effective form.
6.3 "Initial []rug Test" means o sensitive, rapid, and reliable procedure to identify negative
and presumptive positive speoinnena, using an immunoassay procedure or an equiva|ent, or more
accurate scientifically accepted method approved by the United States FDA or the AHCA, as such more
accurate technology becomes available ino cost effective form.
6.4 "Confirmation test," "confirmed teat." or "confirmed drug test" means a second analytical
procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be
different in scientific principle from that of the initial test procedure and must be capable of providing
requisite specificity, sensitivity and quantitative accuracy. All tests to confirm an initial positive result for
drugs other than alcohol shall use a gas chromatography/mass spectrometry or equivalent method. All
tests to confirm positive results for alcohol stress use a gas chromatography method.
6.5 Specimens for drug testing will be coUeoted, hond|ed,
maintained and tested in accordance with the Florida Drug-Free Workplace Program. Urine will be used
for the initial and confirmation tests for all drugs except alcohol. Blood will be used for the initial and
confirmation tests for alcohol.
7.0 "Medical Review Officer' (K8RO) means licensed phyaician,
employed or contracted with the City, who has knowledge of substance abuse disorders, laboratory
testing procedures and chain of custody collection procedures; who verifies positive confirmed bast
naau|te; and who has the necessary medical training to interpret and evaluate an employee's positive test
result in relation to the employee's medical history or any other relevant biomedical information.
In
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
8.0 Prescription or Non - Prescription Medication: means a drug or medication obtained
pursuant to a prescription as defined by Section 893.02, Florida Statutes, or a medication that is
authorized pursuant to federal or state law for general distribution and use without a prescription in the
treatment of human diseases, ailments, or injuries.
9.0 Reasonable Suspicion Drug Testing: means drug testing based on a belief that an
employee is using or has used drugs in violation of this Policy drawn from specific objective and
articulable facts and reasonable inferences drawn from those facts in light of experience. Among other
things, such facts and inferences may be based upon:
(a) Observable phenomena while at work, such as direct observation of drug use or of the
physical symptoms or manifestations of being under the influence of a drug;
(b) Abnormal conduct or erratic behavior while at work or a significant deterioration of work
performance;
(c) A report of drug use, provided by a reliable and credible source, which has been
independently corroborated;
(d) Evidence that an individual has tampered with a drug test during his or her employment
with the City;
(e) Information that an employee has caused, contributed to, or been involved in an accident
while at work; or
(f) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs
while working or while on the City's premises or while operating a vehicle, machinery, or
equipment of the City.
10.0 Random Drug Testing: a drug test chosen to be conducted based on a computer
generated random sampling of employees within each group subject to random drug testing. All
employees within a group subject to random drug testing shall have an equal chance of being selected
each time selections are made. Federal law or the collective bargaining agreement may set forth further
restrictions or rules on random drug testing.
11.0 Safety - Sensitive Position: means a position, including a supervisory or managerial
position, in which a drug impairment constitutes an immediate and direct threat to public health or safety.
This includes, but is not limited to, positions such as those that require the employee to carry a firearm,
perform life- threatening procedures, work with confidential information or documents pertaining to criminal
investigations, or work with controlled substances; a position subject to Section 110.1127, Florida
Statutes; or a position in which a momentary lapse in attention could result in injury or death to another
person.
12.0 Special -Risk Position: means a position that is required to be filled by a person who is
certified under Sections 633 or 943, Florida Statutes, as amended.
13.0 Specimen: means tissue, hair, or product of the human body capable of revealing the
presence of drugs or their metabolites as approved the FDA or the AHCA.
C. RULES ON DRUGS AND ALCOHOL
EMPLOYEES -ARE HEREBY NOTIFIED THAT IT IS A CONDITION OF
EMPLOYMENT FOR EACH EMPLOYEE TO REFRAIN FROM
REPORTING TO WORK OR WORKING WITH THE PRESENCE OF
DRUGS OR ALCOHOL IN HIS OR HER BODY, IF AN EMPLOYEE
TESTS CONFIRMED POSITIVE OR REFUSES TO SUBMIT TO A TEST
FOR DRUGS OR ALCOHOL, THE EMPLOYEE IS SUBJECT TO
DISCIPLINARY ACTION, INCLUDING DISCHARGE, AND MAY
FORFEIT ELIGIBILITY FOR MEDICAL AND INDEMNITY BENEFITS.
It is not the City's intent to intrude into the private lives of its employees. However, the effect of drug and
alcohol use, abuse and /or dependency on safety, work quality, increased medical expenses and lost
productivity requires that this Policy be implemented. Any employee who violates any of these rules will
be subject to disciplinary action up to and including termination of employment. The following rules apply
under the City's Policy.
11
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
10 Pre-Employment Conditions
1.1 The following pre-employment conditions are established to determine the
suitability of employees to work for the City,
1.2 All job applicants must submit to a drug and/or alcohol test prior to starting
employment in that position. Any job offer which a job applicant may receive from the City for such a
position is contingent upon the applicant's successfully completing the drug and/or alcohol test.
1.3 Any job applicant who refuses to submit to drug and alcohol testing as part of the
pre-employment testing process will be refused employment. Any such job applicant who tests positive
for drugs or alcohol on a confirmation test will be refused employment at that time. Confidentiality will be
maintained pursuant to this Policy.
1.4 The City will not discriminate against an applicant for employment because of the
applicant's past addiction to drugs or alcohol, unless such considerations are job related and consistent
with business necessity. It is the current use/abuse of drugs or alcohol that will not be tolerated.
2.0 Conditions of Continuing Employment
2.1 It is a condition of continuing employment for each employee to receive a copy of
the City's Drug and Alcohol Workplace Policy and Work Rules, and to abide by the Policy. The rules
contained in the Policy are to be considered conditions of continuing employment and are to be
consistently followed. Any violation of these conditions of continuing employment will result in disciplinary
action, up to and including termination.
3.0 Prohibition of Possession, etc.
3.1 The unlawful manufacture, distribution, dispensation, possession, sale or use of
any drug or un-prescribed, controlled substances and/or the unauthorized possession or usage of alcohol
by employees while working or when on any City property, including parking lots, are strictly prohibited.
4.0 Prohibition.of Drug Use
4.1 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 levels defined herein
will be presumed to be under the influence of the drug and in violation of City Policy.
5.0 Requirement to Report Medication Use
5.1 The City does not prohibit the use of a drug (prescribed medication) which has a
currently accepted medical use, provided:
(a) The drug is prescribed or authorized for an employee by a medical doctor; and
safe performance of the employee's duties; and
(c) The drug is used at the dosage prescribed or authorized.
5.2 Employees are encouraged to notify their immediate supervisor when reporting
for work or during the course of a work shift if the use of any prescription or non-prescription medication
may adversely affect his or her ability to satisfactory and safely perform his normal job duties (e.g.,
including but not limited to drowsiness). A form for reporting the use of prescription or non-prescription
medication is attached. Additional. forms are available from the Personnel Department. Employees in
safety-sensitive or special-risk positions are required to provide their supervisor with such information.
6.0 Employee Drug and Alcohol Testing
6.1 All employees will be required to submit to drug and/or alcohol testing upon
reasonable suspicion as defined in this policy; during a routine fitness for duty (physical) examination;
after release from a drug or alcohol rehabilitation program; and after an accident or injury which requires
medical treatment. Certain employees may be subject to random drug and alcohol testing pursuant to
federal law or collective bargaining agreements.
6.2 An employee who tests positive on a confirmation test will be subject to
discipline, up to and including termination.
6.3 Refusal of a Treatment Program: If the employee is offered an opportunity to
enter into a treatment program and refuses to do so, the employee will be immediately terminated.
6.4 Treatment Program Requirements: Employees who have been provided with an
opportunity to enter a treatment and/or rehabilitation program must meet all requirements of that program
including any required after-care. Failure to follow or complete the treatment and/or rehabilitation
program or a subsequent positive confirmed drug test will result in immediate termination.
6.5 Confidentiality will be maintained at @11 times except to the extent necessary to
comply with these policies and to the extent permitted by law.
12
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
TO Employee Drug or Alcohol Related Criminal Changes or Arrests
7.1 Employees are required to notify the Personnel 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 Personnel Department of any alcohol or drug related arrest (e.g., including but not limited
to Driving while Under the Influence) on the next workday.
7.2 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.
7.3 Employees are required to notify the Personnel 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 a conviction, a plea of guilty, an adjudication of guilty, a plea
of nolo-contendere, an adjudication withheld, an acquittal or a dismissal of the charges.
7A The City will take appropriate disciplinary action against such employee within
thktvdaysofnaoek�ngnot�eoftheoutcnmeoranychangointhestatuoofauchoirnine|d' 'totutaor
alcohol related charges.
-" -
8.0 Rehabilitation Procedures
8.1 An employee who is 'experiencing problems as a result of drug and/or alcohol
abuse should contact the Personnel Department for referral to the Employee Assistance Program for
treatment and/or counseling. This discussion will be kept confidential. Such employee will be subject to
testing to verify recovery from substance abuse pursuant to the Policy requirements and failure to take or
pass a drug and/or alcohol test will result in termination of employment. Where an employee voluntarily
enters a treatment program before disciplinary action is initiated, the City, in its sole discretion, may elect
to waive follow-up drug testing. If follow-up drug testing is required it must be conducted at least once a
year for a two-year period after completion of the program. Advance notice of a follow-up testing date to
the employee to be tested is strictly prohibited.
8.2 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 leave credits before leave will be ordered without
pay-
8.3 An employee in a special-risk position is subject to discipline or discharge for the
first positive confirmed test result if the drug confirmed is an illicit drug under Section 893.03, Florida
Statutes. A special-risk employee who is participating in a substance abuse program will not be allowed
to continue to work in a safety-sensitive or special-risk position, but may be assigned to a position other
than a safety-sensitive position or placed on leave while the employee is participating in the program.
The employee shall be permitted to use any accumulated annual leave credits before leave will be
ordered without pay,
9.0 Employee Education and Referral Program
9.1 It is the responsibility of each employee to seek assistance before drugs and
alcohol use or abuse leads to disciplinary problems. Employees who, may require assistance for
substance dependency and related programs are encouraged to seek assistance and information from
the Personnel Department regarding the Employee Assistance Program.
9.2 Once a violation of this Policy occurs, subsequent use of a counseling or
rehabilitation program on a voluntary basis will not affect the determinatioa of appropriate disciplinary
9.3 An employee's decision to seek assistance or referral from the Personnel
Department prior to any incident warranting disciplinary action will not be used as the basis for
disciplinary action or in any disciplinary proceeding.
9.4 The Qty has no intanacd in restricting social drinking outside of working hours and
no intent to intrude upon private or personal lives of employees. The City is concerned only when the
employee's health, job performance and safety conditions are adversely affected,
9.5 Upon successful completion of drug treatment program on employee may be
na}eaood to resume work but, except as provided in Section 8 above, will be subject to drug testing on e
random, periodic basis. at least quarterly, for at >eosttwo years thereafter as ^ condition of continued
13
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
9.6 An individual's participation inan alcohol ordrug treatment program will not be
made part of any personnel records and will remain confidential except to the extent necessary to comply
with this Policy and to the extent permitted by /avv Medical and insurance reoorde, if any, will be
preserved in the same confidential manner as all other medical records. Program participation records
will be maintained by the Personnel Department.
10.0 Employee Education Information
10.1 The following "crisis information centers" will provide information regarding
employee assistance programs and local alcohol and drug rehabilitation programs available to
employees:
Dade County
Switchboard ofMiami
(305) 358-4357
BrovvondCounty
Crisis Information Line
(Q54)4S7-G333
Other available resources include:
1-800-356-9986 A(-Anon
1-800-527-5344 American Council of Alcoholism He|p|ine
1-800-COCAINE Cocaine Hotline
1-800-NCA-CALL National Council onAlcoholism
1-800-662-HELP National Institute on Drug Abuse Hotline
1-800-843-4971 National Institute on Drug Abuse Hotline
10i3 Employees may obtain further information regarding available drug and alcohol
assistance and rehabilitation programs by contacting the Personnel Department.
11.0 Management's Responsibilities
11.1 The City Officials, Managers, and Supervisors (hereafter collectively referred to
as "supervisors") are responsible for implementing the Drug and Alcohol Free Workplace Policy. |tisthe
responsibility of supervisors to observe the behavior of employees on the job as a precaution against
unstable or unreliable behavior which could threaten the safety and well-being of employees or the public.
11.2 Supervisors are responsible for maintaining a safe work environment by
determining each employee's fitness for duty.
11.3 In the event a supervisor has a reasonable suspicion (as defined in this \
that an employee may be affected by drugs or alcohol or has otherwise violated this Policy, the
Department Director will be notified and the employee will be sent for drug testing. /\ form for reporting
the reason(s) for drug testing is attached and should be completed as soon as practicable following the
incident orobservations giving rise to such reasonable suspicion. Where reasonable suspicion is based
upon observed irregular behavior, two supervisors will confirm the suspicious behavior.
114 In all cases when an employee is being removed from duty for drug testing, the
supervisor should notify his superior at the earliest possible time.
12.0
Responsibilities ��������
.12.1 It is each employee's responsibility to be fit for duty when reporting for work and
to inform his or her supervisor if he or she is under the influence of medication, whether prescription or
non-prescription medication, which may affect job performance or safety.
12.2 In the event an employee observes behavior which raises a doubt as to the
ability of a co-worker to work in o safe and reliable nnonner, the employee shall report this behavior to
his/her supervisor.
12.3 Employees who voluntarily o[ as o condition of continued ennp|oynnent, enter a
drug or alcohol treatment and/or rehabilitation program must participate and complete recommended
treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be
responsible for payment for the treatment and/or program to the extent not covered by medical insurance
provided by the City. If the employee fails to comply with the treatment andfor the program, the employee
will be subject to disoip|ine, up to and including termination.
14
13.0 Employee Education
131 Employees and Supervisors will be required to participate in a drug-free
awareness program onan annual basis. The program will inform employees about the following:
(a) The legal, social, physical and emotional consequences of the use.
misuse and/or abuse of alcohol ordrugs;
/b\ The City's commitment bo maintain o drug-free workplace;
(o) Available drug counseling, rehabilitation and employee assistance
programs;
(d) Assistance in identifying personal and emotional problems which may
result in the misuse nf alcohol or drugs; and
(e) The penalties which may be imposed by the City on employees for
drug abuse violations occurring in the workplace.
Employees who fail to attend must notify his/her supervisor in order to attend a make-up drug-free
awareness program.
14.0 Rights under Collective Bangaining Agreements: Emplovees 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 violation of this policy if
said grievance is permitted to be filed pursuant tothe collective bargaining agreement. Such collective
bargaining agreements may set forth further rules and/or restrictions regarding employee testing.
D. TESTING PURSUANT TO THE
DRUG AND ALCOHOL FREE WORKPLACE POLICY
1.0 In order to maintain a drug and alcohol free work environment
and in accordance with Florida's D Workplace Prognuno, Section 440.101' et seq' Florida
Sbstubas, as arnended, and applicable Administrative Rules, the City will bast for the presence of drugs
and/or alcohol in the following circumstances:
1.1 : All job applicants who have been offered e position of
employment must eubnnFtto a drug and/or alcohol haet before beginning employment or work for the City.
In the event that an employee is permitted to begin working prior to receipt of the results of drug or
alcohol testing such employment shall be contingent upon passing the drug or alcohol test.
1.2 Random: Eligible employees will be chosen based on a computer generated
random sampling of employees within each group subject to random testing. All employees within each
group shall have an equal chance of being selected each time o selection is made. Federal |avv or the
collective bargaining agreement may set forth further restrictions or rules on random drug testing.
1.3 Reasonable Suspicion: Employees who are determined tobe under reasonable
suspicion of drug or alcohol use (au defined in this policy), will be required to submit to o drug end/or
alcohol test.
1.4 : All employees who are subject to a routine fitness for duty
medical examinations must take a drug and/or alcohol test as part of their medical examination.
1.5 : All employees who have entered an employee assistance program or
rehabilitation program for drug and/or alcohol abuse must take drug and/or alcohol tests on o quarterly,
semi-annual or annual basis for two (2) years after return towork, This requirement may be waived }nthe
sole discretion of the City in cases where an employee voluntarily enters a drug treatment program before
disciplinary action has been taken.
1.6 All employees who are involved inan accident orinjury
to an employee which requires medical treatment occurring while at vvnrh which was caused by,
contributed to by or involved an employee must take e drug and/or alcohol test after administration of
emergency medical treatment. If it cannot be determined who was driving the City's vehicle at the time of
the accident.then anyone who was driving the vehicle duhng the applicable �nnepehodvvi}|be required to
aubnnittotesting. Ennployeasinvolved inan accident nnustnot use alcohol for eight (D) hours following on
accident or until a post-accident test is conducted, whichever comes first.
15
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
2.0 Consequences of Refusing a Drug Test
2.1 An employee who refuses to submit to a drug test will be subject to discipline, up
tu. and indudingbanninaU �
termination. An who refuses tnsubm�toa drug test foUvv
ongonocouoadona|
injury requires medical treatment forfeits his eligibility for all workers' compensation medical and
indemnity benefits in accordance with Florida law.
2.2 A job applicant who refuses to submit to a drug test will not be hired.
30 disciplinary action, upto
and including termination, for any employee who has a positive, confirmed drug test.
4.0 Employees and job applicants may confidentially report the
use ofprescription or non-prescription medication to the K8RO during the testing process. Afonn for
reporting medication use isattached.
5.0 Notice of Common Medications: A list of the most common medications by brand name or
oornnnon nanne, as app|ioab|e, as well as by chemical nanna, which may alter or affect a drug teat, is
attached. Employees and job applicants should review this list prior to submitting to a drug test.
6.0 Medication Information: An employee or job applicant may consult with the City's MRO or
the testing laboratory for technical information regarding prescription and non-prescription medication.
7.0 Drugs to Be Tested
7A Drug testing may be required for any or all of the following drugs:
(a) Aiooho1, including distilled spiritm, wine, malt bavbnageo and intoxicating
liquors;
(b) Amphetamines;
(c) Cannabinoidu;
(d) Cocaine;
(e) Phencyclidine (PCP);
`' —_-`-__-.
(g) (h) Barbiturates;
0) �
`' � _'___-,---.
0) Synthetic narcotics (Methadone and
Pmpoxyohene);
(N Ametabolite of any of the substances listed herein.
(|) Hallucinogens
An> Any other abused substances as added by federal |avv or Florida
A list of drugs by brand names or common names is attached.
The cut-off levels for reporting positive results* for both initial and confirmation drug teats are set forth
below.
7.2 All levels equal to or exceeding the
following shall bo reported aapositive:
Alcohol
0.04o/dL%-
Amphetamines
1.000 ng/mL
Cannobinoidn (Marijuana')
50 oo/mL
Cocaine
300 nQ/nL
Phencyclidine
25 no/mL
-
K8*thoque|one
300 ~ L
Opiates
P a
20OO ng/mL
Barbiturates
300 ng/nlL
Benzodiazepines
300 ng/mL
. Methadone
300n0/mL
Propoxyphene
300ng/mL
73 All levels equal to or exceeding
the following shall be reported as positive:
16
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Alcohol
0.04o/dL96°
Amphetamines
500 no/mL
Cannobinoids(K8a'uana)
15ng/nL
Cocaine
150 ng/mL
Phencyclidine
25no/nlL
K8ethaqua|nne
150 ng/mL
Opiates (codeine. morphine)
2000 ng/nL
Barbiturates
150 ngAnL
Benzodiozepinea
150ng/nnL
Methadone
150ng/mL
Prupoxyphene
150 ng/mL
8.0 Random Drug Testing
Oj The Personnel Department shall be responsible for maintaining updated
employee lists within each group subject to random drug testing and shall submit lists tothe MRO for
random generation of employees' names to be tested. It is within the discretion of the City to decide
when and how often lists will be submitted to the MRO for random generation of employees' names.
8.2 The MRO shall notify Human Resources with the list ofemployees to be tested.
8.3 The Personnel Department shall complete the referral form and schedule each
employee for the test.
8.4 Once an employee is randomly selected and scheduled for test under the
provisions of this procedure, the Personnel Department shall:
(a) Give selected employees no more than 24 hours notice of the scheduled drug
test.
(b) Notify the employees of the collection or testing site.
(c) Meet with the employees to notify them that they are to be drug hmated, require
the employee to naod and sign the Employee Random [}rug Testing Notice
[Appendix 1O] and answer any questions. The City shall keep the original copy
and give a copy to the employee.
(d) Complete a referral form indicating the drug test time range, approved collection
site and /noation, type of testing n*quired, and advise the teetee to return the
signed and dated referral form to the Personnel Department.
8.5 Employees aheU not be excused from random drug testing un|aae they are on
prior approved leave ofabsence.
8.6 Additional rules and restrictions may apply to particular groups of employees
based upon federal law and/or the provisions ofa collective bargaining
agreement.
SD Reasonable Suspicion Drug Testing
9.1 Employees will be required to submit to drug and/or alcohol testing when a
supervisor has "reasonable suspicion," as defined in this policy, to believe that an employee is using or
has used drugs or alcohol in violation of this Policy. The ��upervisor will document the circumstances
which formed his or her determination of "reasonable suspicion" in writing within seven days from the date
of his determination. A form for the use of a supervisor to specify the rebson(s) for the test is attached. A
copy of this documentation will be given to the employee upon request within seven (7) days from the
date of the supervisors determination of "reasonable suspicion."
10.0 Confidentiality and Records Maintenance
10.1 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,
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 an employee or job applicant, is provided or unless disclosure of such
information or records is compelled by an administrative law judge, hearing officer, or court of competent
jurisdiction. The City may also disclose such information when relevant to its defense in any civil,
disciplinary or administrative hearing. The City will maintain records concerning drug testing separate
and apart from a job applicant or employee's personnel file.
17
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
proceeding. 10i2 Information on drug testing results v� not be released in any criminal
11.0 Challenge of.Test Results. of Drug Test Under Florida Law
11.1 An � employee "/u job applicant who receives a positive confirmed test result may
submit information to the WROonnheaUng or explaining the results in writing
within five (�) working days
of receipt ofnoUfico�onofa positive confirmed test result.
` '
11.2 If the explanation or challenge of the employee or job applicant is unsatisfactory
tn the K8RO. the &1R0 shall r�poda positive result back to the City.
11.3 Within five (5) working days after receiving notice of positive confirmed test
result from the MRO. the City shall inform the employee or job applicant in writing of the positive test
reou|t, the consequences of such results, and the options available to the, employee or job applicant. UponnaquesttheCityahaUprovideacopyofthete inasu/thotheenp|uyeeor'obapp|iman-11.4 Within five (5) working. days after receiving notice of positive confirmed test
result from the Cih/, 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.
11.5 |f the explanation or challenge of the employee or job applicant ia unsatisfactory tmthe City. the City shall provide avhtton explanation (within Ufteao (15) days ofreo�ipd ' as to why the or job applicant's explanation is unsatisfactory, o|unQ with ocnpy ofthe re,-'^ of positive
confirmed test results. All such documentation will be kept confidential except as provided in Section ~'
above, and will be retained by the City for at least one (1)year.
jurisdiction Anennp|oyee may fudherchallenge the results ofthe test inmoou�ofcompetent
]uhsdicbon or, if the drug haat was administered due to a workplace injury, by filing a claim for benefits vvithaJud0eofCompensatiunC|einna.pursuanttoChapter44O.F|orida'�tatuh»e.
11.7 /fan employee or job applicant contests the drug teat naau|t- o ` he or she will be
solely responsible for notifying the laboratory and the City in writing by certified mail and provide o copy o
of
the notice, by certified mail, to the City. The notice must include reference to the chain ur custody
specimen identification number.
11.8 An employee or job applicant who receives a pmoiUve, confirmed test naou|t
nnay, at the employee's or job applicant's expense, obtain a retest ofa portion of the original specimen at
another licensed and approved laboratory selected by the employee or job applicant, within one hundred
eighh/(18O) dayaofthenoUmaoftheposit/veteatnaau|L
11.9 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 issettled.
12-O Medical Review Officer's Responsibilities for Testing-Under Florida Law
12.1 The Medical Review Officer (MRO) shall fully comply with all of the requirements
set forth in applicable Administrative Rules. The" MRO shalf 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.
12.2 The K8RO shall review and verify drug test results prior to the transmittal of the
test rasu�m, edberpooibveornegat�e. to the City. The ' ROmbaU evaluate the drug haatrosul�e) verify
the chain nf custody forms and ensure that the dono/nidend5uetionnumber on the laboratory result(s),
thechainofcuetodyformacounste|yidentihestheindividuai report ~
12.3 If the hsat results reported are naAativm, the y0RO shall notify the City of the
negative test result and submit the apprnphatednounnonbationho the ACHA. '
124 |f the test results reported are positive, the yWRO shall notifvthe ennp|oyeeor�ob
applicant of confirmed positive test result within three (3) days of receipt of the bast result hnnn job
laboratory and inquire aotovvhetherpresohptiveorover�he'nounbar medications --u|dhave caused the
positive test result. Within five (5) days after receiving vvhMon notification of the '-sibve teat result, the
employee or job applicant nn�y contest or explain the result �o the �RO |'-- | ^
' /w � r the employee or job
applicant's explanation or challenge is unsatisfactory ctory ho the PWRO. the K8 �O will report a'pnsitive test
result back to the City,
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
12.5 Upon contacting an employee or job applicant who has received o beat
result, the MRD shall properly identify the donor, inform the donor that the WRO is an agent
of the City
donor that medical information revealed during the MRO's inquiry will be kept confidential, unless the
donor is in a safety sensitive position and the MRO believes that such information is related to the safety
of the donor ortn the other employees.
12.6 Additionally, the K8R[) shall outline the hQhb* and procedures for o retest of the
original specimen for the donor and process any employee's or job applicant's request for retest of the
ohginal specimen within one hundred 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 nfthe retest' including handling and
shipping expenses. The K8R0 shall contact the original testing laboratory to initiate the retest.
12.7 Upon receipt of information and/or documentation from the employee or job
applicant, the K8RO shall review any medical records provided. authorized and/or released by the
individual's physician, to determine if the positive haat result was caused by a legally prescribed
medication. If the donor does not have prescribed medication, the yWRO 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 preochpdon, etc.) vvithinth��ve/S)
daypahndafternotiDoeUonofthepoaitivetaatreau|L ' ` '
12.8 If the MRO determines that there is e (egitirnate medical explanation for the
positive test result, the &VRO shall report anegative test result to the City. However, should the K4ROfeel
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 orothere.
12.9 |f the K0RO has any question osto the accuracy orvo|idih/ofa test result orhas
a concern regarding the scientific reliability of the sample, the K8RO may request ' e individual to provide
another sample. As safeguard to employees and job applicants, once an MROvehfies a positive test
nasu|i the K8R(} may change the verification of the result if the donor presents information which
documents that serious illness, injury, or other circumstances that unavoidably prevented the donor
frnnnconbactingtheKXROvviUhinthonpecifiedtinnefrarneandifthedohorpnasentsinfornnationconnerning
o legitimate explanation for the positive test result.
12.10 If the K8RD is unable to contact a positively tested donor within three /3\ days of
receipt of the baot results from the laboratory, the ��RO shall contact the City and request that ` 'the City
direct the donor to contact the [NRO as soon as possible. If the yWRC) 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.
12.11 If the donor refuses to talk with the K8RO regarding o positive test result, the
MRO shall validate the result as a positive and annotate such refusal in the remarks section. |f the donor
voluntarily admits to the use of the drug in question without a proper prescription, the NYRO shall advise
the donor that a verified positive test result will be sent to the City.
12.12 The KXROshall 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.
E. DRUG AND ALCOHOL TESTING OF COMMERCIAL
MOTOR VEHICLE DRIVERS
In addition to the policies and procedures set forth above, City employees who are connected with the
operation of commercial motor vehicles are subject to drug and alcohol testing as required by the
Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. § 31306, and pursuant to all applicable
procedures and regulations promulgated by the Department of Transportation and the Federal Highway
Administration, as well as any additional policy adopted by the City pursuant to those federal laws and
regulations. In cases where the requirements of both federal and state drug and alcohol laws and
regulations and/or the City's Drug and Alcohol Free Workplace Policy may be applicable, the
requirements of federal drug and alcohol laws and regulations will control if a conflict arises between
federal law and regulations and the, requirements of state law or the City's Drug and Alcohol Free
Workplace Policy.
19
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
vi Sag
OVER-THE-COUNTER AND PRESCRIPTION DRUGS WHICH COULD
ALTER OR AFFECT THE OUTCOME OF A DRUG TEST
ALCOHOL
All liquid medications containing ethyl alcohol kathano|\. Please read the label for alcohol content. As an
example, Vick's Nyqui| is 2596 (60 proof) ethyl alcohol, Corntnax is 2096 (40 proof), ContacSevena Cold
Formula Night Strength im2596(5OprooD and Lisbahneis2G.Q96(64p ).
AMPHETAMINES
UUeUnL0phebanninm.Deaoxyn. Dexedrine, Didrex.|onarnine.FaaUn
CANNABINOIDS
K8arino|(Ononabino|.THC)
COCAINE
Cocaine HCl topical solution (Roxanne)
PHENCYCLIDINE
Not legal byprescription.
METHAQUALONE
Not legal bvprescription.
OPIATES
Paregoric, Parepeobz|in, Donnage| PG, Morphine, Tylenol with Codeine, Ernpihnvvith Codeine.APAP
with Codeine. Aspirin with Codeine. Rnbitunain AC: Guiatusn AC, Novahistine DH, Nnvahistine
Expectorant, Di|audid (H dFonnorphone). K8-SContinand Roxano| (morphine sulfate), Peroodan.Vicodin'
Tuaoi-orQanidin. etc.
BARBITURATES
Phenobarbital, Tuina[ Amyta[ Nernbuta|, Seconai Lotusabs, Fiorina|' Fiohcet` Eagio, Butiao|, Mebans|,
Bubsbarbiba[ Buta|bita[ Phenrinin. Triad. etc.
BENZODIAZEPINES
8tivan. Azene, C}onopin, Da|nnane, Diazepam, Libhunn, Xanox, Serax Tranxene, Va|iurn, Verotnan,
Ha|cion, PeApann, Reshoh[ Centrax.
METHADONE
Do|ophine, K8etadose
PROPDXYPHENE
LIST PRESCRIPTION DRUGS TAKEN WITHIN THE PAST %DDAYS. THIS |S FOR YOUR USE ONLY
AT THIS TIME BUT MAY BE PROVIDED TOTHE K0RD IN THE EVENT OF/\ POSITIVE TEST
RESULT TD ASSIST THE K8R8|W THE TESTING PROCEDURE.
21
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
APPENDIX 2
LIST OF DRUGS BY TRADE OR COMMON NAMES
DRUGSINARCOTICS TRADE OR COMMON NAMES
Opium Dover's Powder, Pen*goric, Papeoeutnin, Laudanum
Morphine K8orohine, Pectoral Syrup, Roxa /o|. Dunsnnoroh
Codeine Tylenol with Codeine. Empihn Compound with
Codeine, RobitussinA-C. Fiohnai with Codeine
Heroin Diacetylmorphine, Horse, Smack
Hydromorphonm Di|audid
KUeperidinm(Pmthidiue) Derneno|, K8epeq}en
Methadone Do|ophine. Methadone, K8ethodoom.Annidono
Other Narcotics L/V\K8' Lehtine, Nurnmrphen, Pernudan, Tussionex,
Fenbany|, Dmr/on.Ta!win. Lonnoti!
Depressants
Chloral Hydrate
Nocteo.Somnns
Barbiturates
Phenobarbital, Tuina[ Annyto[ Nembutal, Genona[
.
Lotunote, Barba
Benzod|azepines
Abvan./tzene. C|onopin' [}a|rnonm.Diazepon). Librium,
Xanax, Senax, Tnanxene, Valium, Versban, Ha|oion,
Poxipam'Reatori[Rohypnol.Roofien.Tnankg.Xanax
KOetbmquo|ono
Quaalude, Ludes
G;lutethinmlde
Dohden
Other Depressants
Equeni[ Mil, No|udar.Plaoidy|.Va|mid.Alcohol
Stimulants
Cocaine
Coke, Flake, Snow, Crack, Rocks
Amphetamines
Biphetonnine, De|oobeee, Desoxyn, Dexedhne,
K8adiathc, Black Beauties, Crosses, Hearts
Pbwnnmetrazine
Preludin
K0etby|phnnidatm
Riba|in
D8ethanmpbetamminm
Desnxyn, Cnank, Crystal, G|ane. Ice, Speed
Other Stimulants
Adipex, 8aoarate, Cy|ert. Didrnx. lonamin. P|egine.
Pre-Sate, Snnorex.Tanuaba.Teponii\onani|
Hallucinogens
LSD
Acid, Microdot
Mescaline and Peyote
K8eao, Buttons, Cactus, Peyote
Amphetamine Variants
2.5-DK8A' PK8A, STP, K8DA, K8DK8A.TW1A. DOK8, DOB`
Adam, Ecstasy, STP, XTC
Phencyclidine
PDP. Angel Dust, Hog
Phencyclidine Analogs
PCE.PCPy.TCP
Other Hallucinogens
Bufotenine.|bogaine.DK8T.DET`Psilncyin
Cannabis
Marijuana
Put, Acapulco GV|d, Gnasa, F<eefor, SinaenniUa, Thai
Sticks, Blunt, Herb, Smoke, Weed
Tetnshydnooannnbioo|
THC'N1ohno|
Hashish
Hash
Hashish Oil
Hash Oil
**The full text of the Drug Free Workplace Policy is available in the Human Resources Departmen
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
sthveto keep the CUva safe place towork. Each depadn�endahaUoomnnun�atothe donmdn�en�aSafety
'
Rules and Regulations. Employees shall study these rules and keep them part of the Personnel Rules
and Regulations Manual. In addiUon, a comprehensive guide to safety procedures is contained in the
Supervisor's Safety Guide, a copy of which may be obtained through the Human Resources Department.
The City meets or exceeds all applicable State and Federal Safety requirements. |fan employee comes
across what he or she deems to be hazardous condition, it shall innnoadiohe|y be reported to Human
Resources and/or o Supervisor and/or Safety Coordinator.
Each employee is responsible for his or her safety. Employees acting in on unsafe manner orfailing to
immediately identify or correct unsafe conditions are subject to disciplinary action up to and including
1.9 VIOLENCE /0 THE WORKPLACE POLICY
Violence, or the threat of violence, has no place in any of the City's work locations. |tka the po|i. of the
CUythsdnoactofenop|uyemvwzrko|acev�|ancenrthraatonfv�kancewiUbeoUovvedmrbz�� '
It in 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 Resources 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 toaid in the prosecution of
anyonevvithinoroutmidepftheorganizaUonwhucnnnmitsvio|entocbaagainotemp|oyeea.
Poasesaion.use,orthreatofuaeofadead/yvveapon'inu|udinQoUfireanns.imnotporhnittedotvvork,or
on City ppopedy, 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.
2.0 CLASS IFICATION/GOMPENSATION PLAN
The purpose of the C|asoificatinn/Com pen eation Plan is to provide an orderly fair means for
compensation ofernp>nyees on the basis of work performed and the efficiency ' of performance. The
Classification/Compensation Plan as adopted by the City Connnnission, shall constitute the official
schedule of salaries for all positions in the City service.
The plan facilitates recruiting through appropriate definitions or positions, establishment ofreasonable
standards for appointment and pnnmotinn, 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
aotion, and shall be used in all peyroUo, budget roqueato, of5cial records, and reports relating to the
position.
The ranges of pay for each class shall consist ofa nnininnunn rate, an appropriate number of intermediate
natea, and a nnaxinnurn rate from one (1) to six (S). Except with |ongevib/, under no circumstance should
employees fall above their pay range. All employees should fall between their pay range. Nonna||y, a six
year period should be required to rise from minimum to maximum rate for each class as of the
23
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
anniversary date of employment. Ifat any point itis warranted io increase maximums, the City Manager
must get pre-approval from the City Commission.
2.1 ADMINISTRATIONIMAINTENANCE OF PLAN
K is the responsibility of the City Manager to administer and maintain the plan. The City Manager may
delegate the ay administration and maintenance of the plan to appropriate administrative staff.
Administration of the plan shall include allocation of all new and, existing positions to appropriate
olnsaificabons, preparation of recommendations for necessary onnendnnents, and review of requests for
reclassification ofemployees.
Maintenance of the plan will include:
i\ Annual review of the factors affecting the level of salary ranges in the compensation plan,
such as cost of living dato, the financial conditions of the CKv, rates paid for classifications in
other cities, and other factors deemed appropriate.
2) Preparation of descriptions for new classifications osnecessary.
3) Preparation of revised specifications for classifications when the duties or requirements have
substantially changed. , _
4) Recommendations for any revisi6ns, additions and/or deletions to the Plan.
Department heads may initiate a permanent or substantial change in the duties or responsibilities of
position. Written notification of the proposed change shall be submitted to the Qb/ Manager or his
designee for determination of the proper allocation of the position. The City Manager may request a
study of duties of any position to determine if its allocation is proper. Following such o study. the City
Manager may reallocate the position toa more appropriate class.
gum, 4K!INM
It shall be the responsibility of the City Manager to allocate each position to an appropriate classification
when a new position is established, or the duties of an existing position are substantially changed the
following procedure shall be followed.
2.21 When o Department Head determines that the duties of an mjoUng position have been
substantially chonged, he/she shall notify the Human Resources Department. An audit will be
conducted to determine if the existing job description should be revised, if new classification
should be proposed, or if a reclassification to an existing classification is required.
22.2 Any proposed changes that are recommended, must go through the City Manager for approval.
Once approved, the City Manager will make its recommendations to the City Commission during
the budget process for adoption.
2.3 JOB DESCRIPTIONS
Job descriptions may be revised or amended from time to time. Updates must be provided to the
employees as needed. Job descriptions shall include the following components:
1) Job Title
2) Summary of major functioe
3) Examples of duties and responsibilities
4> Knowledge, skills and abilities
5) Minimum qualifications required
G) Date prepared /revised '
24
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
2.4 FILLING OF POSITIONS
Positions will b*filled according to procedures set forth in Section (5.0Recmitment/Selectiou/Pmmotion/
and Appointment of this manual. Applications will be accepted only when a vacancy exists and is
advertised.
A regular employee may be eligible for a one-step merit pay increase in accordance with the
compensation plan at the end of each year of continuous service. This increase will go into effect for the
pay period on which the employee's annual review date falls, unless it is postponed for re-evaluation by
the Department Head. Merit increases are discontinued once nn 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.
Salary step increases within an established range shall not be automatic, but shall be dependent upon a
specific written evaluation. These merit increases. must be approved by the City Manager only after the
Department Head certifies that the work of the employee has met or exceeded the standards established
for satisfactory performance. An employee nho|| not be eligible for such an increase until he has
completed at least twelve months of continuous service with the City without special exception from the
City Manager based upon recommendation from a Department Head detailing exemplary and outstanding
performance.
2'G LONGEVITY PAY PLAN
The Longevity Pm Plan is intended to create an incentive to retain City employees and to reward
employees for continuous and faithful service to the City. Longevity pay increases may be recommended
on the basis of such service as well as a sustained high level of job proficiency and meritorious
achievement.
There are three longevity pay steps designated in the City Pay Plan, L-1, L-2. L-3. Each longevity pay will
be three (3)% above number six (6) in the current City Pay Plan.
Advancement to the first longevity pay (L-1), may be made when the employee has been in Step G of the
City Pay Plan for e period of at least one year and 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.
2.7 SALARY RATE IN TRANSFER, PROMOTION OR DEMOTION
If an employee is tronsferned, promoted or darnoted, his rate of pay for the new position shall be
determined as follows:
1) |f the rate nfpay in the previous class was less than the minimum rate established for the
class of the new position, the rate of pay shall be advanced to the minimum for the class.
2) If the rate of pay of the previous class was more than the maximum rate established for the
new class, the pay shall be reduced to the maximum nate, or to an intermediate step in the
new range, as determined by the department head, subject to approval by the City Manager.
3\ If the rate of pay of the previous class falls somewhere within the new range of pay and at an
established abap of the new range, the salary rate shall remain the same in case of transfer,
shall be increased in case of promotion to e higher ranking class, and at the discretion of the
department head, ahoU remain the same or shall be adjusted to a lower step in case of
demotion.
25
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
4\ If the previous nshe does not coincide with a step in the new salary range and is within that
nange, it shall be adjusted to the next higher step if the action is a promotion or transfer, or
adjusted h)sd least the next lower step iy the action iaademotion.
5> An employee serving in an acting and/or temporary capacity for a period in ao|ass assigned
to a higher pay grade fora period in excess of thirty (30) consecutive work daye, shall be
compensated in accordance with the provision of paragraphs one (1) and four (4) above.
The probationary period provides Department Heeds with the opportunity to observe the new
employee's vvork, to train and assist the new employee in adjusting to their new pooiUnn, and to
aonaen out any employee whose performance does not meet required work standards. Effective
innnnediatoly, any employees hired on or after February 2008. will have a one year probationary
period.
The probationary period for new employees shall be for pahod of one year. All probationary
employees will be evaluated during the probationary period. The probationary period may be
extended if employee u0han extended leave or, upon sufficient justification that performance
vvamenbs an extension not to exceed six (G) months. All probationary extensions must be pre'
approved by the City Manager.
A probationary employee may bedismissed at any time during their probationary period. Newly hired
probationary employees are At Will onnp|oymen and may be terminated with or without a stated reason,
with or without notice. Any termination prior to the expiration of the probationary period shall be final, with
no right ofappeal.
32.1 Transfer during Probationary Period
If an employee is transferred to another position in the same class in 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.
4.0 PERFORMANCE EVALUATIONIMETHODS OF EVALUATION
A performance evaluation is an opportunity for o manager and an employee to meet and discuss
organizational i ritieaandtomet performance goals for the employee. The evaluation should focus on
the key behaviors that management has aanosead as important to the organization. All performance
evaluations should assist employees tn meet their performance goals. Appraising employees should be
an ongoing process to ensure that employees are aware of their performance throughout the year.
Performance evaluations shall be a part of the procedure to determine various personnel actions, but not
necessarily limited ho the following: completion and/or extension of probationary period, salary increase
or decreases, promotions, dernntione, tronsfens, avvards, separations nr other personnel status changes
where performance evaluations are pertinent and of value in making fair decisions.
The immediate supervisor shall complete a performance evaluation form approved by the City Manager,
The supervisor aho|| meet with the employee to review and discuss the evaluation and ohoU provide the
employee the opportunity to comment and ask questions. Ad the conclusion of the meeting, the employee
shall be given the opportunity to write any comments in the space provided, and shall sign the form. The
26
CITY OFSOUTH MIAMI PERSONNEL RULES AND REGULATIONS
employee's signature siQnifieaUhatthooveluotionhasbeendisouasedwithhhn.anddoosnutnecesaah|y
indicate that the employee agrees with the evaluation.
4^1 Evaluation of probationary employees
Probationary employees shall be evaluated periodically, but at least after six months on the job and prior
to the conclusion of the probationary period.
4-2 Evaluation of regular employees
Regular employees shall be evaluated annually based on their anniversary date, reclassification or date
of promotion. A merit increase is based upon the employee receiving an overall satisfactory performance
rating above othree percent (3%). An employee's evaluation review date does not mean an automatic
increase in salary or rate orpay.
5.8 RECRUITIVIENT, SELECTION, PROMOTION AND APPOINTMENT
The City ofSouth Miami ka committed tmthe concept and practice of equal employment opportunity and
affirmative action to assure equal employment opportunity in all aspects of employment. |tha the policy of
the City to recruit, hina, train and promote all job |eve|a, employees and applicants for employment without
regard to nace, on|or, age, nex, national nrigin, religion, nnahbal atatus, sexual orientation or disability. The
City's uononiitment to equal opportunity applies to all tsoela of the employment nelaUnnship, including
oornpennation, benefits and all other terms, conditions and privileges of employment. All employment
decisions will be made in accordance with principles of Equal Employment Opportunity. The Human
Resources Department will be notified immediately of all position vacancies.
1J0.1 Applications will only be accepted for open positions. An application shall be
retained for ninety /QO\ days from the date it is filed, unless it becomes void because
of some other rule of the Human Resources Department (Record Retention), After
the QO day pehod, a new application must then be completed for any vacancy which
opens after the ninety has elapsed. Incomplete applications will not beconsidered.
2'0'2 The affected department may be asked by the Human Resources Departrnent, as
neceeoary, to review the job announcements and ada, and to identify special
applicant recruitment sources.
3.0.3 Qualified candidates, inside and outside of the City, will be considered for every
position vacancy for which they opp{y, unless contrary to any applicable collective
bargaining agreement.
4'0.4 The Human Resources Department will post each job announcement for a nnininnunn
of one (1) 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. The City may use, for job
referral purposes, only those recruitment services which do not discriminate on the
basis of naoe, co|or, aex, na|igion, ege, national ohgin, marital etotua, political
ofDUation, familial abatua, sexual orientation, or disability.
5.0'5 Applications shall be submitted exclusively to the Human Resources Department
using the City of South Miami Ennp|oynnonL Application. The Human Resources
Department will screen applications to determine if nnin)nnurn requirements are met.
In-house oandidaten, interested in applying for a vacant position may submit on
internal employment application form tobe considered for the vacancy.
6.0.6 Applications for a position received after the published date of first review may 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 Human Resources staff.
7.0.7 Applicants may be disqualified for consideration for employment for any lawful reason
including, but not limited to, the following:
27
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
i Failure to possess the minimum qualifications for the job;
U. An unsatisfactory employment record and/or other record as evidenced by
information contained on the application fnnn or by the results of background
and/or reference chenk'
.
iii. Incorrect, inconnp|ete, false stolemenha, or omissions of any nnehaha! facto or
. deception in the application or during any other part of the selection prooees,
including but not limited to interviews and background investigations, (if
appointed, such employee may be terminated for this reason at any brne);
iv. Physically orotherwise unable to pedbnn the essential duties and functions of
the position with or without reasonable accommodation, in accordance with state
and federal laws; or
v. Not within the legal age limits prescribed by law.
5.1 EXAMINATION OF CANDIDATES
5.1.1 Pre-Employment Testing/Background Checks
A pre-employment medical examination and background check is required of all new employees. Upon
making a conditional offer of employment toanapo|icant,theHunnanRaoouroeoDepartmentwjUanange
for, at the City's expense, a physical examination and background check.
The City will be governed and follow requirements under Chapter 11Q.O71(5). Florida Statues regarding
social security numbers for potential and all other employees with the City.
A background check may include verification of employment duUoo, criminal and driving n*cord.
Candidates must sign a confidentiality waiver authorizing background and reference checks. Failure to
meet the required pre-employment baatiog' nnay'uausm non-ernp|oynnent, or_ if the individual is already
employed, immediate termination ofemployment.
G'O HOLIDAYS
The following and, in addition, any other days designated by duly constituted authority are holidays for
employees in the municipal service:
1. January I NevvYear's Day
2. 3rd Monday ofJanuary Martin Luther King Day
P 3. 3 Monday ofFebruary President's Day
4. 4 m Monday ofMay Memorial Day
5. July Independence Day
G. 1st Monday ofSeptember Labor Day
7. November 11 Veterans Day
G. 4 m Thursday ofNovember Thanksgiving Day
Q. Friday after Thanksgiving
10. 1/2 day December 24 Christmas Eve
11. December 25 Christmas Day
12. Birthday After 1 yrconUnuoua service
13. Floating After 1yr continuous service
6-1 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 paid for the holiday in addition to time worked on that day.
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
6.2 Procedure for Observance of Weekend Holiday
When one of the above holidays falls on a Saturday, the Friday immediately preceding that Soturdov
rnaybeobaenxedas the holiday � Saturday � not a regular vvorkday of the depodment |fSaturdmyks -/
regular work day for the department, than Saturday will be observed as the holiday. When one of the
'holidays falls ona Sunday, the Monday immediately following that Sunday may be observed as the
holiday if Sunday is not a regular work day of the department. If Sunday is a regular work day for the
departnnent. Sunday will be observed as the holiday. Exceptions to this rule may be necessary for
departments such as the Police Department who operate 24 hours a day, every day of the year. Other
exceptions may be made by the City Manager.
Employees must be on active pay status and/or work their scheduled hours on the regularly scheduled
��gd��m��� prior �eh��o�t�r���a��u|� d��m� ''following
a holiday.
7.0 ANNUAL LEAVE
The term "Annual Leave "shall be used todesignate leave with pay granted to an employee on the
following prorated basis:
1\ YoarsofOnhtmrruptedSeo/be Amount of Annual Leave
1 to 5 years ofinclusive 12 working days
O to 14 years inclusive 15 working days
15to1Q years inclusive 1O working days
2U years and over 21 working days
Annual leave may be taken as earned by the employee, only with the prior approval of the Department
Head, and upon written request in advance, and at the convenience of the City. It shall be mandatory for
each employee to use all earned vacation leave each year on or before his/her next anniversary date.
Any remaining leave not used will be cancelled. Under exceptional circumstances and upon written
request within the year in which the vacation is due, and with the approval of the City K8ana8er, vacation
time may be extended for thirty (3O) days only.
Any earned and credited annual leave to the credit ofon employee when terminating employment with
the City will be paid pro-rata at the employee's current rate of pay with the last paycheck ' received.
Annual leave used will extend probationary period by an equivalent number of days.
8.0 SICK LEAVE
Sick leave is accrued by all regular and exempt employees of the City and it is credited to individual sick
leave accounts as accrued:
8.1 Sick leave may be used for absences because of:
Sick leave is granted to employees when they are incapacitated for the performance of their duties etthe
City because of:
e. The employee's own sickness orinjury;
b. Pregnancy or pregnancy-related complications of the employee or employee's spouse;
o. 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.
2. Sick leave will not be granted to an employee who is not available for scheduled work because
of reason that is not listed in this policy.
Cal
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Reporting Sick:
1. When the need for sick leave is unfunaseeob|e, on employee requesting sick leave must, if possible,
communicate with his or her immediate supervisor before the beginning of the scheduled work period for
which the employee is requesting sick leave. Each department within the City may establish a specific
time by which its employees must notify their supervisors of the need for sick leave. For example, the
Police Department may establish that its employees must notify their supervisors of the need for sick
leave at least two (2) hours prior ho the beginning ofthe employee's shift.
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
naau|t 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 dote. 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 Personnel Deportment or
Department Head eodirects. The City nab�insthe hghtin all cases ofnapo�ediUnesstV require that the
employee be examined by a reputable physician of the City's selection. Failure to provide such
documentation or to submit to an exemination, when required by the Qh/, 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 daya, the employee's
department must notify the Personnel Department in writing of the reason for the employee's absence.
G. 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 Personnel Director.
7. Employees taking leave for reasons that also qualify for Family and Medial Leave are required to also
apply for and exhaust such leave.
8.2 Accrual of Sick Leave
1. Full-time employees shall accrue sick leave at the rate of one day of sick leave for each calendar
month ormajor fraction of calendar month of continuous nenica 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 /nedayof
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 ofpay,
2. Part-time, seasonal or temporary employees are not granted sick leave benefits.
3. 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.
4. Sick leave shall not accrue when on employee inon leave without pay.
5. An employee who is terminating employment shall not accrue sick leave for the final month of
work unless the employee works at least fifteen (1S) work days in that month.
8'3 Accumulated Sick Leone
1. Employees hired after October 1, 1995, may accumulate sick leave without a maximum cap, but
will not be paid for unused sick leave upon termination ofemployment.
2. Employees hired on or before October 1, 1995, may accumulate unused sick leave to a maximum
of 600 hours and, upon termination of employment, will be paid for any unused sick leave as follows: 0 t
S years of service --DY6;5hz10 years of service --25Y6; 1Oto15 years of service- 5OY6;15to20years
nf service --7696; more than 2O years of service --10O96.
8.4 Abuses
1. Abuse of sick leave privileges constitutes grounds for disciplinary action' up to and including
termination. Abuse of sick leave indudaa, but is not limited to, using nick leave for a non-qualified reason
(i.e., sick leave is not to be used as an additional "vacation" day), excessive use of sick leave, not
Ell
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
following the appropriate procedure for timely requesting sick leave, not bringing in a note when required
or requested by the department head, not following the 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 o
statement from the treating physician releasing the employee to return to work. The v shall be
responsible for obtaining the release at his nr her ovvnexpense. The City reserves the hghto 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.
3.6 Conversion of Sick Leave
Employees who have attained a sick leave balance ofa minimum of3G days C288 hou�AehaUbe eligible
on their fi�tann�eroery date` and annually thereafter, following that acnu 'u|at�n. to convert of their
unused sick leave balance in excess of 288 hours .to annual leave to a rnoxinnunn of 4 days, with the
exception of any employee who utilizes in excess of 32 hours of sick leave during a one year period will
not be eligible for this benefit
3.7 City Wide Shared Sick Leave Program
Employees may be provided the opportunity of donating accrued'|eave time to a designated enoo�vee
due to 'a'
extanded, non-work related illness orinjury, and /or catastrophic circumstance approved by the Sink
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 tothe
designated employee's previous leave history, as well as the nature of the |||neaa' injury, or catastrophic
situation. In order to be eligible for City Wide Shared Sick Leove, you must have exhausted all leave time
that has been accumulated,
Upon approval, of leave application requeste. 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
p|aceduponanernp|oyeeton1akeauohdonaUonofhis/heraccrued|eaveUme.
As donor forms are completed, they shall be forwarded to the Human Resources Department. Donated
time will be credited to the absent enop|oyee, as needed. In the event ofexcess donations received but
not used due to the employee's early nacovmry, res|goaUon, rotinament, or death, any donation forms
received but not utilized, will be placed in a Sick Leave Bank Reserve to be utilized for future request.
Amaximum of 400 of donated leave time will be permitted per individual request. Em �
donoteUnnernaydunataupto8Ohounaofarcnued|eaveperindividua|requesL Employees —�"
Time donated for this purpose will not be considered during the performance rating period.
9'O FAMILY LEAVE
As provided by the 1093 Family and Medical Leave Act (FK8LA). 20 U.S.C. §2001 et. seq.
(1995\. all
eligible employees shall be entitled to bake up to twelve (12) weeks of unpaid, job-protected leave during
any 12-month period for specified family and medical reasons.
Covered Family and Medical Reasons:
1 An eligible employee shall be entitled to twelve M2\ weeks of unpaid' leave during a 12-month
period for one or more of the following reasons:
3l
CITY OP SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
a. The birth or placement ofo child for adoption or foster care (leave must be taken in
consecutive work vveeko)'
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 ofa serious health condition.
2. For purposes ofthis Po|icy, a serious health condition shall be defined in accordance with the
FyWLA. Employees with questions about whether specific illnesses, injuries, innpainnenta, or
physical or mental conditions are covered under this policy or under the City's Sick Leave Policy
are encouraged b> meet with the Personnel Director.
Employee Eligibility:
1. An employee shall be entitled to family leave when he/she meets the following criteria:
o. The employee has been employed by the City for at least 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 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 12-nnonth 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, orho care for a parent who has a serious health condition.
Calculation ofLeave:
1. Eligible employees can use up to twelve (12) weeks of leave durin any twelve (12) month period.
The twelve (12) month period will be determined using a"roUing" period - beginning on the first
day leave is requested and extending back twelve (12)months. Nu 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 po|icy, subtracts it from the twelve (12) weeks and the balance remaining is the
amount the employee is entitled to take ot that time.
Maintenance nfBenefits:
1. An employee shall be entitled to maintain group health insurance coverage on the same basis as
if he/she had continued to work atthe Qty. To maintain uninterrupted coverage, the employee
will have to continue to pay his/her share of insurance premium payments. This payment shall be
made either in person or by nnoU to the Finance Department by the 1st day of each month. If the
employee's payment is more than thirty (30) days overdue then the coverage will be dropped by
the City.
2. If the ernp|oyeeinfoOns the City that he/she does not intend to return to work at the end of tile
leave period, the City's obligation to provide health benefits ends. |f the employee chooses not to
return to work for reasons other than a continued serious health condition, the City will require the
employee to reimburse the City the amount the City contributed towards the employee's health
insurance during the leave period.
3. If the employee contributes to a life insurance or disability plan, the City will continue making
payroll deductions while the employee in on paid leave. While the employee is on unpaid leave,
the City will request that the employee continue to make those paynnentm, along with the health
care payments. If the employee does not continue these payments, the City will recover the
paynnentsattheendofthe|eavapehod.inannanneroonsistentvviththe|avv.
4. Certain types of earned benefits such as seniority may not be accrued during the leave period.
Other benefits such as the accrual of seniority will not continue during leave.
Hovvever, the use of family or medical leave will not be considered a break in oemjoe when
vesting or eligibility to participate in benefit programs is being determined.
32
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
Reinstatement Rights:
1. Eligible employees are entitled upon return from leave to be reinstated to their former position or
to an equivalent position with equivalent employment benefihs, pay, and other terms and
conditibnaofennpkwnnenLaocondingbztheprovioionsondUnnitaUonsoftheFyWLA.
2. Exceptions may apply for certain highly compensated employees under certain conditions. In
oddition, employees on e leave extension are not guaranteed reinstatement. If you are a "key
employee" as described in § 825.217 of the FMLA regulations, restoration to employment may be
denied following FMLA leave on the grounds that such noohorahun will cause substantial and
grievous economic injury totheCity.
Use of Paid and Unpaid Leave:
1. Accrued sick leave must be used for any serious health condition ohd may be used, at the
employee's discretion for the birth or placement ofa child. Accrued annual leave must also be
used for any family or medical leave. |fon employee has accrued paid leave nf less than twelve
(12) weeks, the employee will use paid leave first and take the remainder of the twelve (12)
weeks as unpaid leave.
2� In certain cases, intermittent use of the twelve (12) weeks of family or medical leave or a part of a
reduced work week may be allowed by the City. Employees wishing to use leave intermittently or
to utilize a reduced work week for birth or adoption purposes will need to discuss such use with
the employee's Department Director and the Personnel Director.
3. Employees may also use family or medical leave intermittently or as m part of a reduced work
week whenever it is medically necessary. If the need to use leave is foreseeable and based on
pnap|onnad and pnasohedu|ed medical treatment, then the employee is responsible to schedule
the treatment in a manner that does not unduly disrupt the City's operations.
4. In some cases, the Oh/ may temporarily transfer an employee using intermittent or a reduced
work week bz o different job with equivalent pay and benefits if another position would better
accommodate the intermittent or reduced schedule, if approved by the City Manager.
PROCEDURES:
Requesting Leave:
1. All employees requesting leave under this policy must complete the Fan) leave form
available from the Personnel Department.
2. When an employee plans to hake leave under this policy, the employee must give the City thirty
(30) days notice. If it is not possible hogivethirty (3O) days notioe, the employee must give as
much notice as is possible. An employee undergoing planned medical treatment is required to
make a reasonable effort to schedule the treatment to minimize disruptions to the City's
operations.
3. While on |eave, employees may be requested to report periodically to the City regarding the
status of the rnedioo| condition, and their intent to return to ,work. Employees will be advised of
any such requirement during. their leave.
Notice and Certification of Serious Health Condition:
4� On occasion, the City may require the employee to provide notice of the need to utilize leave
(where it is possible to know beforehand) and/or may require the employee to provide certification
of an employee's or immediate family member's serious health condition by a licensed healthcare
provider. The employee should try to respond to such o request within fifteen /15> days of the
request, or provide e reasonable explanation for the delay.
S. When seeking certification of serious nnedioo| oondition, an employee should ensure that the
certification contains the following:
a. Date when the condition began; expected duration; and a brief statement of treatment.
b. If employee is seeking medical leave for his/her own nnedimal onndition, certification
should also include a statement that the employee is unable to pehbnn one or more
specified essential functions of the employee's position.
C. Fora seriously i|| family nnember, the certification should include a statement that the
patient requires assistance and that the employee's presence would be beneficial or
desirable.
MKI
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
d' If taking intermittent leave or working a reduced schedule, certification should include
dates and duration of treatment and a statement of medical necessity taking
intanni�entleave or working o reduced schedule.
'
|f deemed necessary, the City may ask for a second opinion. The Cib/vviUpay for the ennployee
to get certification hnnn a second doctor, which the City will select. |-there is a conflict between
the original certification and the second opinion' the City may request the opinion of a third
doctor. The City will pay for the opinion. The third opinion will be considered final.
9L1 TFANSFDO0AL8|GHTQUTY
To establish a policy applicable to aUCity- ofSouth Miami employees regarding the assignment of
transitional/light duty to temporarily disabled employees,
1 It is the employee's responsibility to notify his or her immediate supervisor within twenty-four (24)
hours, of any injuries or illnesses incurred on or off the job which are reasonably expected to last
three (3) or more consecutive calendar days or which are reasonably expected to result in ten
(10) or more non-consecutive days of absence from work during any thirty (30) day period, in
addition to those reporting obligations necessitated by Florida's Workers' Compensation laws and
any and all department procedures regarding notification of 2. is supervisor's tonoUfvthaC ''o'
� n/ersnnne|Director, or his orher
designee within twenty-four hours, of any employee who has been o|hsnaaonnabk/expected
bobe injured oriUforthrem(3) ormoreconaecu�veco|endardoysorwhuhaabeenor''
reasonably expected to be absent from work for ten (10) or more non-consecutive days during
any thirty (3O) day period, regardless of whether the �illness uri �uryisinoum*donoroffthejob.
3. It is the Personnel Director's responsibility, or his nr her designee's responsibility, in conjunction
with the employee and the employee's immediate supervisor, bJ determine the essential functions o
nf the employee's regular position, when necessitated by this Policy.
4. |tie. also the Personnel Direob/�sresponsibility, or his nr her designee's responsibility, in
corUunctionwith the employee, the employee's immediate supervisor, and the employee's
medical provider, to determine whether a transitional duty assignment ie available within the
employee's restrictions, when necessitated by this Policy. The Personnel Dinactor, or his or her
deaignae, in conjunction with the employee, the employee's Department Director, the employee's
immediate auperviaor, and the employee's medicel prnvider, mhmU be responsible for determining
the number and scope of transitional assignments available with the City that are within the
employee's medical restrictions.
5. It is the responsibility of all City employees to adhere to the requirements of this Policy.
"Transitional duty" he a return tn work program designed to allow employees ' who have temporary
medical restrictions to continue working while recovering fromen occupational or non-
occupational j juryoriUneas. Transitional duty may also be referred toas "light duty."
Transitional duty refers to temporary assignments, the assigned tasks ofwhich are physically or
mentally less demanding than the essential functions of the employee's regular position.
"Transitional duty" may also consist of merging several � 'obfunctions uf various classifications.
"Transitional duty" can also refer tocircumstances in which an employee remains in hiaorher
regular position, but the City temporarily excuses that employee from performing those essential
job functions that s/he is unable to perform in his or her regular position. Transitional duty
assignments may be outside ofan employee's regular work area.
Transitional duty assignments are not permanent jobs.
Policy and Procedures
Eligibility
a. This policy applies to all City employees who sustain an injury or illness on or off the job.
34
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
b. An employee ky eligible for transitional duty if the employee's injury oriUnesacoueeothe
employee to be temporarily unable to perform the essential functions of his or her regular position
with or without reasonable accommodation, but does not cause the employee to be unable to
perform work otherwise available atthe City,
c. The City is not obligated to provide transitional duty ho any employee.
d. The City may require the employee to submit to a medical examination to ensure the
employee's inability to perform the essential functions nf his or her regular position and/or
certifying the employee's ability to perform the transitional duty assignment, The City may also
require the employee to provide periodic updates from a medical provider re-certifying the
employee's inability to perform the essential functions of his or her regular position and/or
certifying the employee's ability to perform the transitional duty assignment. |f the employee ia
receiving workers' compensation henefita, the City may require the employee tnobtain
certification/re-certification from the employee's workers' compensation-approved medical
provider, and/ora current Work Status Form containing the employee's specific work restrictions.
Availability/Unavailability of Transitional Duty:
a. Transitional duty will only bo provided if and aa long asthe employee's medical restrictions
can be accommodated based on the legitimate business needs of the City. Aaanemployee's
medical restrictions and estimates of the date of return to full duty change, the provision or
continued provision of transitional duty will bere-eva}uated.
b. If an employee is medically restricted from working the same number of hours per week in
transitional duty as the employee worked in his or her regular position, or if transitional duty within
the employee's medical restrictions is only available for fewer hours per week than the employee
worked in his or her regular position, the employee will be required to use leave pursuant to the
Family Medical Leave Act (FMLA), if available, to account for any difference in the number of
hours regularly worked per week versus the number of hours worked per week in transitional
duty. If the accident or illness is work related, the employee may be eligible to receive indemnity
benefits provided for by Florida's Workers' Compensation laws.
r� For an employee who is unable to perform the essential functions of his or her regular
position with or without an accommodation, and for whom transitional duty is not available, the
employee should discuss with the Personnel Director, or his or her designee, the possible
availability of another regular position within the City tnwhich the employee could apply; leave
pursuant to the FMLA; Short-Term Disability benefits (if applicable); and/or Workers'
Compensation benefits. Each employee's situation will be handled onaoese-by-caae basis in
accordance with the City's policies and federal, state, and local law.
3. Duration of Transitional Duty
o. The City will allow an employee 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.
b. If at the conclusion of ninety (90) days, the employee is unable to return to his or her
regular position, under special circumstances, the employee may request the City to
extend the transitional duty assignment by thirty (3O) days. The special circumstances
must be supported by documentation from the employee's medical provider indicating
that the employee is expected to return to full range of duties by the expiration of the
thirty (3D) day period.
4. Procedure for Obtaining o Transitional Duty Assignment:
a. When an employee becomes aware that he or she is or may not be able to perform one
or more essential job functions of his or her regular position or when asupervisor
becomes aware that an employee isor may not be able to perform one or more essential
job functions of the employee's regular position, that supervisor shall immediately notify
the Personnel Director, or his or her designee, in writing of such information.
b. The Personnel Director, or his or her designee, will meet with the employee, if
appropriate, regarding the employee's ability to perform the essential functions of the
position. If necessary, the Personnel Director/Designee will determine in writing, in
35
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
conjunction with the employee and the employee's immediate supervisor, the essential
functions of the employee's regular position.
C. The employee will then, if appropriate, meet with his or her treating medical provider
regarding the employee's ability to perform the essential functions of his or her regular
position. It is the treating medical provider's responsibility to determine in writing on a
form provided by the City, oronan appropriate Work Status Report Form if the injury or
illness ia work related, whether the employee can ur cannot perform the
functions of the ennp|oyee'sregular posibon. essential
d. |f the medical provider determines that the employee io able to perform all essential 'ob
functions uf the ennp|oyae'eregular posiUnnvvithnrxvithout reasonable '
the ernployeeshall nonUnuein his or her regular position.
accommodation,
e. If the medical provider determines that the employee is unable to perform one or more of
the essential functions of the employee's regular position, the medical provider shall state
what medical restrictions apply to the employee.
[ If the employee's medical provider determines that the employee cannot perform one or
more of the essential functions of the employee's regular position, the Personnel Director,
or his or her designee, in conjunction vviththeennp|oyeeandthaemp}oyee'nDeportnnent
Director (as well as the treating medical provider, when necessary) will determine
whether transitional duty assignment is available at the City within the employee's
medical restrictions. If necessary, the employee shall again consult with his orher
treating physician to determine the employee's ability to perform the transitional duty
assignment.
g. As part of transitional duty, the employee must be able to perform all ofthe
assigned tasks of the transitional duty assignment at the performance level expected by
management.
5. Rate of Pay during Transitional Duty: If offered and accepted, transitional duty assignments
are paid at the employee's regular hourly rate of pay.
Termination of Transitional Duty:
a. Once a transitional duty assignment tanninabaa,theemploveewjUn�unntohksorher
regular posibonif the ernp|oyaeis able topedbnn the essential functions of his urher
regular position with or without reasonable accommodation. Prior to returning the
employee to his or her regular position, the City shall require the employee to provide
certification from a medical provider certifying the employee's abiUb/tope�onnthe
easenUa|funuUonsof his or her regular position with orvvithoutreasonable
accommodation.
b. Any employee who remains unable to perform the essential functions of his or her regular
position with or without an accommodation at the conclusion of the transitional duty
period should discuss with the Personnel Director, or his or her designee, the possible
availability of leave pursuant to the FIVILA or the City's Civil Service Rules; Short-Term
Disability benefits (if applicable); and/or Workers' Compensation benefits. Each
employee's situation will be handled ona case-by case basis in accordance with the Cih/
policies and federal, state. and local law. ~
C. If none of the alternatives listed in the above paragraph is available for the employee, the
City may terminate the employee from employment unless the employee: 1) identifies
the City another regular pooiUonwhich is available otthe City and for vvhich'the City is
then accepting applications for employment; 2) satisfies the minimum qualifications for
the position; 3\|o able bz perform the essential functions nf the open position with zr
without reasonable accommodation; 4) submits on application for the position; and 5\ is
selected for and offered the position after engmginginanyroquinedconnpeutiveproce'a
An employee selected for a new position shall have his or her pay and benefits adjusted
for the new position.
T Refusal of Transitional Duty: An employee receiving, workers' compensation benefits cannot
refuse a transitional duty assignment unless supported by appropriate and current documentation
36
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
from the employee's medical provider stating that the employee ie unable to perform the
transitional duty assignment or unless supported by a certification from a medical provider
supporting FK8L&leave. |f the employee refuses a transitional duty assignment without such
documentation, any workers' compensation benefits may be terminated, as allowed by law, and
the employee may be subject to disciplinary action up to and including termination from
employment.
8. Applicability of Policy: This policy applies to all employees currently working in a light duty
capacity or who in the future request light duty work. Accordingly, all Deportnnents having any
employee(s) who is (are) currently working in a "light duty" capacity or who is (are) not performing
all of the essential functions of his or her regular position(s) because of an injury or iUness.
whether incurred on or off the job and whether incurred prior to or after the effective date of this
po|ioy, ohm|] re-evaluate that practice in conformity with this Policy,
Q. Outside Employment: No employee is permitted to hold any employment other than
employment with the City while working in a light duty capacity with the City without obtaining
prior written approval from the City Manager.
10.0 WORKERS COMPENSATION
'
`
All full time employees are covered by Workers' Compensation Laws and are entitled to benefits as
provided and limited bv such laws. Full time employees disabled due to job injury andhavngbeen
awarded salary compensation benefits under Workers' Compensation Laws may receive disability leave.
All accidents that occur while on duty, must be reported immediately to one's supervisor who shall
forward the same to Human Resources Department. The Supervisor shall follow up with aninvestigation
as provided by the City's Safety Program and forward it to the Department Head,
1O'1 ACCIDENT REPORTING
If an accident or injury does occur, it ' must be reported at once to the Supervisor and Human Resources
Depadn>entm/hovvi|}see that proper mmdice|attention ie provided. The supervisor will be responsible for
completion of necessary preliminary forms and reports.
An employee who suffers an on-the-job injury requiring emergency medical treatment is authorized to
obtain the emergency treatment at any local hospital emergency room. FoUdwinQ this initial emergency
Lnaahnent' it is required that, a drug test be performed, as indicated in the Worker's Compensation
procedures. If the employee needs further orfollow up treatment for the injury, authorization must be
obtained from the Human Resources [>epodnnmnt prior to engaging the services of physician and /or
hospital. Failure to comply will result in the employee being personally responsible for payment ufthe
medical service.
10-2 Worker's Compensation Eligibility
Full time employees injured on the job that have been awarded salary compensation under Workers'
Compensation laws may be eligible for supplementary compensation as follows:
Disability leave pay shall be computed on the basis of the difference between the regular straight
earnings of the employee and the benefits paid under the Florida Workers Compensation Law for m
maximum period not to exceed QO days per injury in a calendar year or 90 days per injury, whichever is
less.
Employees failing ho report injuries vvithinoight(8) hournfronnocuurrenoeofsuohi 'ury.nnaybeexcuded
from any supplemental Workers' Compensation pay benefit. AddiUonaUy, the employee may be
disciplined for failure to comply with the workers compensation ptocedures.
37
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
11.0 JURY DUTY
Employees selected for jury duty will receive full pay for. such leave, minus any compensation
received from the court. The leave period for court subpoenas is at the discretion of the City
Manager. The employee must provide proper documentation to payroll for proper processing.
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.
12.0 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 work ddUe upon return.
Leave without pay may also be granted for extended illness or disability. All requests for Leave
without Pay are subject to approval uf the City Manager.
Upon return from Leave without Pay status, the City will make every effort to provide na-
ennokovmont in the same position held prior to leave if the position is still ave|ob{a, except as
provided in the Family Medical Leave Act If the position is not avai\ab|a, employee may be
placed in another job for which he/she is qualified when one is available.
13.0 MILITARY LEAVE
Full time employees may be granted military leave without pay and have rights ofre-ernplovment
and restoration of seniority, status and pay as set forth in the Uniformed Services Employment
and Re-employment Rights Act (USERRA). Leave can be granted for period of two yeana, or
for such time less than two years that the employees remain in military service, and are subject to
extension according to provision of Federal law.
Employees who belong to the Florida National Guard or U.S Reserves are entitled to an annual
oaid/eaveofobeenmaofuptnoeventeen(17) vvorkingdeysforrequinedbminihg'vvithnutloggof
vacation and/or leave time in any one annual period pursuant to Florida Statute Chapter 115.
The City will comply with the Uniformed Services Employment and Re-employment Rights Act of
1995 (USERRA). A copy of which is available in the Human Resources Department.
14.0 BEREAVEMENT LEAVE
Leave with pay will be granted in the merd of death in em immediate family. For
purposes of bereavement leave' immediate family will be defined as follows: vvUe, husband,
domestic padner, pananbs, gnendpanants, aiatera, brothers, children, granddlUdnan, fathepin-lavv,
mother-in-law, sister-in-law.
14.1 A maximum of four work days may be granted for e death in the immediate family. Two
additional days of leave may be granted if travel in excess of250miles.
14.2 Proof of death in the irnnned{aba family in the form of a copy of the death certificate or
published obituary must be provided to the City Manager or his / her designee before
compensation isapproved.
15.0 COMPENSATORY LEAVE IN LIEU OF OVERTIME PAY
Compensatory leave is defined as leave granted in lieu of pay to an employee as compensation for
overtime worked ao approved bv the Department Head and the City Manager. Those employees whose
job classifications are classified as "Exempt", in accordance with the Fair Labor Standards Act (FLSA)
Im
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
are considered exempt from accrual or compensatory time, unless / approved by the {�hx
Manager. ^ '
Compensatory leave may be accrued to a rnaxinnurA of 80 hours. All compensatory leave time will be
utilized within the calendar year in which it is earned. All compensatory balances aheU be returned to "O
^on January 1ofeoch calendar year.
No additional compensatory time ahoU be approved for any current employee who has in excess of 80
hours nf compensatory time accrued.
1Sl]'1 OVERTIME PAY
When �anon�xmptemp�v�wo�o more than 4Ohoumo�e����me�d��nedaao�dme. �y
and eU overtime must be authorized by the Department Head (or designee) prior to being worked. All
employees whose job classifications are classified as "non-exempt" in accordance with Fair Labor
Standards Act (FLSA) are eligible for overtime pay. Exempt employees are those employees whose ' -ob
classifications are classified as "exempt", in accordance with the Fair Labor Standards Act of 138
(FLSA). Exempt employees are not eligible for overtime pay.
Employees who are not exempt from the overtime provisions of the FLSA are to work overtime hours only
when assigned and authorized. "Volunteered time, "though well intentioned and appreoiated, is not
permitted. This includes early and late work hours and working through lunch periods.
16.0 GRIEVANCES
Probationary and part time employees are not eligible to appeal or grieve any disciplinary action.
/\opee|a of disciplinary actions and other grievances shall be governed by the applicable collective
bargaining contranta, others may appeal directly to the City Manager,
Employees who fail to follow these rules and regulations or who fail ho properly perform their duties
provide a disservice to other employees and residents of the City.
It is, therefore, necessary that disciplinary procedures be established. All employees of the City are
bound by these rules and regulations. Any employee who violates these rules and regulations, orwho
otherwise violates reasonable standards of conduct, is subject to discipline up to an including dismissal
from employment.
17.0.1 Causes for Disciplinary Action
Any action which reflects discredit upon the City service or is o direct hindrance to the effective
performance of municipal governmental functions shall be considered good cause for disciplinary action.
Such causes may include misconduct, ineffioienoy, inoonnpeienne, insubondination, indolence,
malfeasance, proliferating malicious rumors, or violation of these rules. The disciplinary actions used by
the Qty inc|ude, butane not limited to the following:
17'0'2 Counseling
A oounse|inQ, verbal or written, is to notify an employee that continued violation of certain departmental or
general rules will not be permitted and that the employee must take corrective action or disciplinary action
will betaken.
39
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
17.0.3 Written Reprimand
The written reprimand is intended tn document on offense involving genera( or departmental rules and
regulations. Its nnainpurpose isto put the erno�veeonnoUoe that oon�nuaUonof �emct�DawiUnotba
permitted. RephrnandsshoUbeapprovedands' nedbvtheDepartman(HemdofUhmernp|oyee. Anopy
will be furnished to the employee and a copy will be filed in the personnel file maintained by the
Personnel Department.
17.0'4 Suspension
A suspension is the temporary separation, with or without pay, of an employee from employment with the
City. A department head may suspend an employee without pay for cause for a period not to exceed 30
working days in a twelve month period subject to the approval of the City Manager. The employee shall
be notified nn later than the date of suspension inwriting. Notice shall include reason for and duration uf
suspension. Notice shall be sent by certified nonU, or if hand de|ivered, a signed statement
acknowledging receipt of notice shall beobtained.
17'0'5 Reduction inPay
The reduction in pay of an employee to no lower than the minimum salary established for the
classification. A Department Head may reduce the salary of an employee within the range provided for
his class subject to approval of the City Manager.
17'0.6 Reduction |n Classification (dennmt0on)
A demotion ioo change induties, job title, and pay from a higher toe lower classification. ADepartrnent
Head may demote an employee for cause, subject to approval by the City Manager.
17-0'7 O|srnhama|
A dismissal ia the permanent termination ofan employee from employment vvdhtheCUx
17.0.8 Dismissal of At Will Employees
At Will employees may be dismissed nr demoted whenever inthe judgment ofthe 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 bo classified under the unclassified service,
17'0-9 Resignations
The Personnel Department shall be promptly informed of the resignation of any employee in the
municipal service. Any absence ofan employee from duty without leave for three or more days may be
considered oresignation.
17'1 Fledooti000fForce — Layoff
A department heed. subject to the approval of the City NYanager, may separate any employee without
prejudice because of lack of funds or curtailment of work. Hmwever, no regular employee shall be
separated from any department while there are enlergency. provisiona|, 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 atanding, will be eligible to receive in addition to the payment of their accrued
vacation )eeve, separation pay equal to two (2) weeks' salary. Employees dismissed for other reasons,
shall not be entitled b) separation pay.
a,
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
ir-012:11 ]1111111 "W1
The City ofSouth Miami provides 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 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
ba actuarially determined tobe 16Y6, the City shall contribute a total uf8.00 96 and the employees shall
contribute e total of 8.00 96)
19'O CITY EMPLOYEE TRAVEL AND DUTY RELATED REIMBURSABLE EXPENSES
City of South Miami employee duty related travel n*innbumob|e expenses shall be governed by prevailing
Florida State Statues as outlined in Chapter 112 Department Heads shall make every effort tmmake a
city — owned vehicle available for city-duty related travel if necessary. Employee must submit receipts
documenting reimbursable costs for subsistence.
The normal schedule for regular, full-time employees isofive-day.N0forty hour work week. The City
Manager may rnoka natothis rule when a ooeU�n requires an alternate schedule. |tia 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.
21.0 OUTSIDE EMPLOYMENT
No full-time employee is permitted to work at an outside kb, 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 Resources Department. Forms must be
updated on an annual basis and copies forwarded to Human Resources and City Clerks Office.
22'O TUITION REIMBURSEMENT
The City will reimburse 50% of tuition costs for approved coursework with grades of " C " or better for
undergnaduahscoumevm>rk. and grades of"B"nr better for graduate couroevvork. 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 instruction or an accredited educational program to improve their effectiveness in their current
job performance 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 yearn 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 EMERGENCIES/REPORTING PROCEDURES
When the City 8 enaAer has declared
a city-wide emergency (ie. hurricanes, tornadoes, etc) employees
of the City that perform essential services may be required to work as deemed necessary by the City
Manager ordesignee.
41
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
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 Heed. 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 tV report for duty, without prior leave approval fr6rn
the Department Head, shall result in termination ofemployment.
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 40 hours per vveek, at the direction of the Qty 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 ofemployment.
24'0 USE OF CITY OWNED VEHICLES
Employees agree to be bound by and abide by the City Vehicle Policy dated 02/29/00 and available in
Department Head's office and/or Human Resource Department.
25.0 INTERNET POLICY
No employee shall install unauthorized software on any City computer, Prior to installation, all software
shall be authorized by the City Manager or his designee. Failure to obtain appropriate approva|, shall
result in disciplinary action uptoen including termination nfemployment.
Internet usage is limited to City related activities. Employees with internet access shall not use the
Internet for unethical and illegal activities as surfing the Web for entertainment during working hours,
accessing obscene or sexually-oriented nmo(eho| and downloading derogatory oauia|, ethnic, sexual or
religious, material. The downloading of any and all nnohahal off the inbsrnet is prohibited. An employee to
be in violation of this rule shall be subject to disciplinary action up to an including termination.
26'D INSURANCE The City agrees to pay for HMO health insurance for all full time City employees. Employees wanting the
optional POS orPPO health insurance will pay the difference between thetwxocdana. The City will also
continue the current levels of coverage for dental, life and disability insurance. The employee agrees to
pay for 1D0%nf dependent coverage for health and dental insurance.
27'O 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.
2D'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
that are too difficult to handle alone. Employees are encouraged to seek assistance before such
IN
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
problems negatively affect well-being and on the job performance. You may request additional
information bycontact the Human Resources Department.
29.0 VIOLATIONS OF THE CITY CHARTER
o\ 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 tothe
oih/ commission as to the findingo, hovvever, 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, teatifiad, assisted or participate in any
manner in an investigation pertaining to an alleged violation of the City's Charter.
30.0 DRESS CODE
Ao public employees and representatives of the City of South Miami, vve have a responsibility
to present
ourselves in m r~~~~'~ na| manner during vnddng hours. While climate and custom
penn/t, a,
somewhat, casual work othna, you should maintain a nost, dean 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 bv "acceptable"
profesaiona|oeeua|otUn� '
o. Acceptable dress includes: ovvaatene, blouses, skirts, business t-shhts and slacks. Skid
length should beno shorter than 3 inches above the top of the knee. Professional style
open-toed shoes.
b. Inappropriate dress includes: jeans or denim of any kind, svveatahirto, tank topa, t-
shirts, ahode. Capri pants. spandex )hems' tennis/gym shoee, aU|etbz heels (over 3
inches high), o|oga, flip-flops, tight pants/tops, |egyings, ripped, wrinkled, tonn,
bleached, faded or revealing clothing U.e. low-cut blouses, see-through Qannents>.
o. More traditional business attire may be appropriate and required for ' certain
maetinQo/prementetiono, either within or outside the City.
For those required b/ wear a uniform, it should beclean, fresh and intact when reporting for dutvondsheU
beinconnp|�nmavv�h any depa�n�ente!operating procedures. DanlagetoorbmeofunUbrnla^ any part
thereof is to be reported immediately to your supervisor,
31.0 CITY IDENTIFICATION
All employees of the City of South Miami shall carry with them aCi��m�ph����n��.
Pmse�your���rent���eCUxdu�ngpm��eofem*�swcyor' when necessary to identify �youmelf
ho residents in the conduct of official business. Any loss or damage to your card must be reported tothe
Human Resources Department immediately. There -will be a fee for duplication of lost cards. The card
must be returned to the City upon termination ofemployment.
/3
CITY OF SOUTH MIAMI PERSONNEL RULES AND REGULATIONS
32.0 RETURN OF CITY EQUIPMENT
Employees separating from the City for any reason shaU, prior to noponaUon, return eU City-owned
property and equipment in his or her possession. The cost ofreplacing or repairing any items
lost or
damaged while in the possession of the employee shall be deducted from any pay and benefits held by
the City. Final check will not be disbursed until all items are returned.
33.0 ACCIDENTS
If an accident occurs on City property or invoking any city equipn)ent/operatiowe, whether employees or
visitors, employees must immediately refer the matter to their immediate supervisor, regardless of how
insign�cant the aoc�entnnayappeac This procedure k; necessary in order to provide innnnediatennadioe|
aid to on injured person and to facilitate a full and prompt report to the City's Human Resources
Department/Risk Management. If the accident involves visitora, employees should not make an
statements to the injured person as to their opinions on the cause of the accident; inatead, report the
complete circumstances to Human Resources Department without delay.