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02-05-08 Item 9South Miami bjkd AlAnwitaft INCORPORATED CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM zoos To: The Honorable Mayor & Members of the City Commission Via: Yvonne S. McKinley, City Manager - From: Jeanette Enrizo, Human Resource Manager Human Resource Date: February 5, 2008 Agenda Item No.: Subject: Adopting the Personnel Manual 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 throuah 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 15.0.1- 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. Page 2 of J • 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 Funding Source: N/A Backup Documentation: Proposed Resolution Employee Manual Page 3 of 3 1 2 3 RESOLUTION NO.: 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. 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 12008. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: