R-2017-61 CITY OF CLERMONT
RESOLUTION NO. 2017-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE
EMPLOYMENT POLICIES MANUAL; PROVIDING FOR
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Clermont City Council has determined that it is in the best interest of
the City of Clermont, that changes be made to the Personnel Policy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Florida, Lake County, Florida as follows:
Section 1
The City Council of the City of Clermont does hereby adopt the Employment Policies Manual as
set forth in Attachment A, attached hereto and incorporated herein and attached to this
Resolution; and
Section 2
All ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and
repealed to the extent of such conflict.
Section 3
This resolution shall take effect immediately upon adoption.
l
CITY OF CLERMONT
RESOLUTION NO. 2017-61
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 12th day of December, 2017.
CITY OF CLERMONT
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!Gail L. Ash, Mayor
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Tracy Ackroyd 'owe, City Clerk
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Effective December 12, 2017
Table of Contents
Employee Acknowledgement of Receipt of Employment Policies Manual 1
Chapter 1
General
1.1 Administration 2
1.2 Employee Conduct 3
1.3 Definitions 13
Chapter 2
Employment Practices
2.1 Equal Employment Opportunity 16
2.2 Recruitment 16
2.3 Application 16
2.4 Selection 17
Chapter 3
Educational Leave & Tuition Assistance
3.1 Educational Leave 20
3.2 Tuition Assistance/Reimbursement 20
Chapter 4
Compensation/Salary Administration
4.1 Compensation Approval Authority 22
4.2 Merit Pay Increases 22
4.3 Incentive Pay 22
4.4 Overtime Pay 22
4.5 On-Call Pay 26
4.6 Call-Out Pay 26
4.7 Working Out of Classification Pay 27
4.8 Storm or Other Disaster Pay and Leave 27
Chapter 5
Leave
5.1 Annual Leave 29
5.2 Holiday Leave 31
5.3 Personal Days 32
5.4 Military Leave 33
5.5 Sick Leave 34
5.6 Family and Medical Leave (FMLA) 42
5.7 Jury and Witness Duty Leave 46
5.8 Leave of Absence 47
5.9 Compensatory Leave 48
5.10 Injury Leave 49
5.11 Administrative Leave 50
5.12 Leave Donation 50
5.13 Domestic Violence Leave 51
5.14 Bereavement Leave 52
Chapter 6
Personnel Management
6.1 Attendance Records 53
6.2 Travel & Subsistence Allowance 53
6.3 Hours of Work 53
6.4 Probation 53
6.5 Performance Evaluations 54
6.6 Promotions 57
6.7 Demotions 58
6.8 Transfers 59
6.9 Position Reclassifications 60
6.10 Termination of Employment 61
6.11 Annual Physical Examinations 65
6.12 Employee Disciplinary Procedures 65
6.13 Employee Grievance Procedure 75
6.14 Modified Duty Assignment 76
6.15 Smoking & Tobacco Use 77
6.16 Searches 77
Employee Acknowledgement of Receipt
Employment Policies Manual
This will acknowledge that I have received my copy of the City of Clermont (City)
Employment Policies Manual.
I understand that the official version of the City's Employment Policies Manual
(manual) will be maintained in electronic form in the Human Resources
Collective Folder.
I understand that this manual represents City policies, does not create a contract of
employment, and that the City may make changes in it from time to time.
I understand that I have the right to terminate my employment at any time with or
without cause, and that the City has the same right.
I agree to comply with all policies, procedures, and practices now or hereafter
adopted by the City.
I understand that this acknowledgment will become a part of my official employee
file.
1
I
1
Chapter 1
General
Chapter 1
General
1.1 Administration
A. Purpose
This manual was prepared to establish consistent equitable policies for
City employment, and to acquaint new personnel with the policies and
regulations of the City of Clermont (City). This Employment Policies
Manual (manual) was adopted by the City Council by Resolution No.
#2017-61 on December 12, 2017. This manual is not an expressed or
implied contract, nor does it create any legally enforceable obligations on
the part of the City of Clermont or its employees.
B. Scope
This manual shall apply to all employees of the City of Clermont with the
exception of temporary employees, the Mayor and Council Members.
Certain provisions may not be applicable to all employees, such as part-
time and probationary employees, and such areas shall be noted. If any
provisions of these policies conflict with an existing provision of an
approved labor agreement between the City and a registered bargaining
unit, the labor agreement will prevail in regard to employees in the
bargaining unit covered by that agreement.
C. City Control, Responsibilities and Authority
The City is governed by the Council-Manager plan of government.
Clermont residents elect the City Council. The City Council appoints,
directs and evaluates the City Manager. The City Council establishes
policies and procedures related to education, training, operations,
services, and maintenance of the City. The City Council has the
responsibility for requiring effective administrative action through the City
Manager. The City Manager and his/her administration reserve the right
to reprimand, suspend, discharge or otherwise discipline employees for
cause; to hire, promote, transfer, layoff and recall employees to work; to
determine the number of employees and the duties to be performed; to
maintain the efficiency of employees; to establish, expand, reduce, alter,
combine, consolidate, or abolish any job classification, department,
operation or service; to determine staffing patterns and areas worked; to
control and regulate the use of facilities, supplies, equipment and other
property of the City; to determine the number, location and operation of
departments, and all other units of the City, the assignment of work, the
qualifications required and the size and composition of the work force;
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and to otherwise generally manage the City, attain and maintain full
operating efficiency and optimum service, and direct the workforce in
accordance with the needs and requirements of the City.
D. Employment at Will
Within the limits of any constitutional or statutory limitations applicable,
employment with the City is considered "at will" and may be ended either
by the employee or by the City at any time with or without cause. It is the
City's policy to treat employees fairly and consistently, and the City has
established guidelines for disciplinary action and performance
improvement which provide the employee an opportunity to address and
respond to issues of discipline or performance. However, publication or
use of these guidelines should not be interpreted as to create a
guarantee of employment or an expectation of continued employment.
E. Employment Policies Manual Revisions
Revisions to the Employment Policies Manual may from time to time be
proposed and approved by the City Council. A copy of this policy will be
made available to all City employees. Any deviation from this policy will
be made only by the City Manager, in writing, to the department director
of the employee or department affected.
F. Department Rules
Department directors are authorized to promulgate rules additional and
supplemental to this manual provided they are not in conflict with the
regulations herein. All such rules shall be approvable, amendable and
revocable by the City Manager.
1.2 Employee Conduct
A. Employee Courtesy
All employees shall render courteous service to the public. The attitude
of a City employee should at all times promote the good will and
favorable attitude of the public toward the City, administration, and its
programs.
B. Telephone Usage
City telephones are for City business. Long distance calls are to be
made only by employees authorized by the responsible department
director. Excessive personal telephone use will not be permitted and
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may be cause for a reprimand.
Employees shall not operate a vehicle while wearing a headset,
headphones, or other listening device, other than a hearing aid or
instrument for the improvement of defective hearing. The only exception
to using a headset is when the employee is communicating as described
below, and the sound is provided through one ear and allows
surrounding sounds to be heard with the other ear.
Employees are prohibited from using any telephonic or communication
device without a Bluetooth or other hands-free device unless specifically
approved by the City Manager (or designee/department director), while
operating any City-owned or leased vehicle, apparatus, machinery, or
equipment. In addition, employees are responsible for ensuring that use
of any electronic device does not cause distraction (i.e., texting, fiddling
with the device, taking eyes off the road, and participating in
conversations that may interfere with the driver's ability to drive safely).
C. Lunch Period
Employee lunch periods will be determined by the department director as
required for efficient departmental functions.
D. Conflict of Interest and Ethics
All employees are subject to and required to act in full compliance with
Chapter 112, Part III, Florida Statutes, Code of Ethics for Public Officers
and Employees.
E. Solicitation
Solicitation during working hours on City property or in public areas by
any City employee or by non-employees is prohibited. Bulletin boards
are City property and materials posted thereon must be approved by the
City Manager or a department director. There shall be no distribution of
literature during working hours or on City property without permission of
the City Manager. Examples of solicitations for purposes of this rule
include, but are not limited to: solicitations for magazines or periodical
subscriptions, memberships in organizations, and solicitations for political
contributions. Examples of distributions for purposes of this rule include,
but are not limited to: applications for memberships in organizations,
political literature, subscription forms and informational bulletins.
Exceptions to the solicitation policy must be approved by the City
Manager.
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F. Gifts and Gratuities
1. No employee shall accept gifts, gratuities, or loans from
organizations, business concerns or individuals with whom he/she
has official relationships on City business. These limitations are not
intended to prohibit the acceptance of articles of negligible value
which are distributed generally, or to prohibit employees from
accepting social courtesies which promote good public relations, or to
prohibit employees from obtaining loans from regular lending
institutions.
2. No employee shall solicit contributions from another employee for a
gift to an employee in a superior official position nor shall such
superior accept a gift presented as a contribution from employees
receiving less salary than himself/herself. The foregoing, does not,
however, prohibit a voluntary gift of nominal value when made on a
special occasion.
3. No person seeking appointment to, promotion or transfer with the City
shall either directly or indirectly give, render or pay any money,
service or other thing of value to any person in connection with an
appointment, promotion, or transfer or a proposed appointment,
promotion or transfer. This prohibition is not intended to prevent
payment to a legitimate employment agency.
G. Outside Employment
1 . Outside employment is any paid employment performed by an
employee in addition to his/her employment with the City and is
subject to approval as set forth herein. The following criteria will
apply to outside employment:
a. Such employment shall not cause the employee to be late to
work, to leave early, to be unavailable for work beyond normal
duty hours, or cause any reduction in the employee's efficiency
when on duty with the City.
b. Such employment shall not involve a conflict of interest or conflict
with the employee's duties.
c. Such employment shall not involve the performance of duties
which the employee should perform as part of his/her job with the
City.
d. The nature of the outside employment shall not be such as to
bring discredit or embarrassment on the City.
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e. Outside employment shall not occur during assigned working
hours unless the employee is on approved leave.
f. Outside duties, trade, business or profession shall not require
regulation or inspection by the City.
2. Any employee wishing to engage in outside employment must submit
a request in writing to his/her department director using the related
approval request form. The request should outline in detail the duties
to be performed and the amount of time, stating specific hours to be
devoted to these duties. Department directors shall immediately notify
the City Manager of outside employment requests, and are
subsequently authorized to approve outside employment consistent
with the guidelines above. Department directors are also authorized
to direct an employee to discontinue outside employment, at any
time, if it is later found to be inconsistent with the guidelines. Approval
request forms are retained in the employee personnel file.
H. Payments of Financial Obligations
Every employee is expected to pay just debts and financial obligations,
particularly those directed by court order. The City is neither a collection
agency nor an arbiter when the validity of a debt is questioned.
I. Drug Free Workplace
The City is committed to maintaining a workplace that is free from the
presence and effects of drugs and/or alcohol, providing the highest
level of service to its citizens, and minimizing the risk of incidents and
injuries.
1 . The City prohibits employees from using, selling, dispensing,
distributing, possessing, or manufacturing illegal drugs and/or
alcoholic beverages while on City premises, work sites, or in a City
vehicle. In addition, employees are prohibited from off premise use
of alcohol and possession, use, and/or sale of illegal/prescription
drugs, when such activities adversely affect job performance, job
safety, or interferes with the City's ability to carry out its mission.
2. As a term and condition of employment, employees must refrain
from taking drugs/alcohol that impair performance or are illegal on
or off the job.
3. Employees must notify their supervisor if they have been
prescribed a drug for a medical or other condition which could
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impair their ability to perform their job. If it is determined that the
employee is unable to perform his/her job due to impairment
caused by the medication, the employee should apply for
appropriate leave and discuss the situation with his/her supervisor.
4. Pursuant to the City's expectation of employee conduct and Drug
Free Workplace regulations, the City conducts drug and/or alcohol
tests for the following reasons: pre-employment, reasonable
suspicion, post-incidents, routine fitness for duty, random, and
follow-up.
5. Employees and/or supervisors shall report immediately (during that
working shift) to their department director and/or Human Resources
Director any action by any employee who demonstrates an unusual
behavior pattern. An employee believed to be under the influence
of drugs and/or alcohol will be required to submit to a drug and/or
alcohol test.
6. An employee will be subject to corrective action, up to and including
termination, for violation of this policy.
7. The City Manager shall establish procedures to implement this
policy.
J. Political Activity
1. Every employee shall have the right to express freely his/her views
as a citizen and to cast his/her vote.
2. Coercion for political purposes of and by employees and use of their
positions for political purposes is prohibited.
a. No employee or official of the City shall, directly or indirectly,
coerce, attempt to coerce, or advise an employee to pay, lend, or
contribute anything of value to a party, committee, organization,
agency or person for political purposes.
b. No employee or official of the City shall use City resources of any
kind, including, but not limited to, the City logo or City equipment,
or official authority or influence, for the purpose of interfering with
or affecting the result of an election or a nomination for office.
3. Participation in partisan political activity by employees shall be
permitted to the extent as provided under the Federal Hatch Political
Activities Act, as amended, and any subsequent amendments which
may be made thereto. However, at no time shall any such activities
be permitted by an employee in a City uniform.
4. Any employee who is not subject to the Hatch Act shall be granted a
leave of absence not to exceed four (4) months for the purpose of
seeking an elective public office in a partisan election. During the
leave of absence, the employee shall use accrued annual leave,
compensatory leave or personal days prior to going in an unpaid
status. If a City employee becomes a candidate for an elective City of
Clermont office, he/she shall at the time of formal qualification, resign
in good standing from City service.
5. Partisan political discussions and partisan political activities by
employees are prohibited during on-duty hours.
6. Any person violating the provision of this section may be subject to
termination by the City Manager.
K. Use of City Property
1. The City attempts to provide each employee with adequate tools,
equipment and vehicles for the job being performed and expects
each employee to observe courteous and safe operation of vehicles
and equipment in compliance with all municipal, county and state
vehicular regulations.
2. Employees who are assigned tools, equipment or vehicles by their
departments are responsible for them and their proper use and
maintenance.
3. The use of City property, material, supplies, tools, equipment or
vehicles for personal or private business use is prohibited, unless
approved by employment agreement or by the City Manager.
Violations may result in termination and possible prosecution.
L. E-Mail / Internet Usage
1. E-Mail and internet services are provided to employees for the
purpose of conducting their job duties in the most efficient manner
possible and are not intended for personal use. All electronic
communications generated by employees with City equipment, or
stored on City equipment, are the property of the City and therefore
not considered private and may be considered public records subject
to disclosure in accordance with Florida Law.
2. Employees are prohibited from using the City's e-mail and internet
system to transmit or receive any improper communication, including
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but not limited to inappropriate comments or jokes, cartoons, or any
other communication which is political, derogatory, vulgar, obscene,
offensive or sexually explicit.
3. The City will periodically access and monitor communications and
files on the City's e-mail/internet system as deemed to be necessary
or appropriate in the enforcement of the acceptable use of City
equipment and systems.
4. Employees who use the City's e-mail/internet system inappropriately
or illegally are subject to discipline up to and including termination
and civil or criminal prosecution, if deemed appropriate.
M. Valid Driver's License
1. All operators of City vehicles and equipment are required to have a
valid State of Florida operator's or commercial license, as applicable,
and shall immediately notify their supervisor of any change in status
to their license. Certain job classifications require a commercial
license as a condition of employment.
2. Suspension or revocation of the driver's license of an employee who
is assigned as a vehicle or equipment operator may result in a
demotion or termination.
3. Motor vehicle reports will be requested annually for all employees
who are authorized to drive a City vehicle or their own vehicle while
conducting City business. If an employee's annual Motor Vehicle
Report reveals a suspended or revoked driver's license or a driving
record that demonstrates repeated offenses and flagrant disregard for
traffic laws, the employee will not be allowed to drive a vehicle while
conducting City business. If these restrictions create a hardship for
the City, the employee will be transferred or demoted to a position
which does not require driving and for which the employee is
otherwise qualified. If no position is available, the employee will be
terminated from employment.
N. Safety
It is the policy of the City to maintain a work environment for all
employees that is both healthy and safe. A separate safety manual sets
forth the safety procedures and practices expected of all City employees.
0. Harassment
It is the policy of the City to maintain a work environment for all
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employees which is free of conduct which can be considered harassing,
coercive or disruptive. The City has adopted a separate policy that sets
forth guidelines for dealing with harassment in the workplace.
P. Sexual Misconduct
It is the policy of the City to maintain a work environment for all
employees which is free of any form of sexual misconduct, including
actual, attempted or threatened sexual assault, sexual abuse, sexual
exploitation, indecent or sexual solicitation, or public indecency, as
defined by state and local laws. The City has adopted a separate policy
that sets forth guidelines for dealing with sexual misconduct in the
workplace.
Q. Dress/Appearance
The City expects all employees to dress in a manner which is
appropriate for the type of work performed and have a neat and orderly
appearance. A separate policy has been adopted that sets forth
guidelines for dealing with appropriate dress and appearance.
R. Fraternization
The City strongly discourages, but does not prohibit, consensual
romantic or espousal-like relationships between co-workers or between
employees and contractors or others doing business with the City.
However, the City recognizes its responsibility to caution employees of
the potential problems posed by such relationships. These problems
include conflicts of interest, interference with the productivity of co-
workers, and potential charges of harassment.
It is the obligation of all affected employees to immediately advise their
department director when such a relationship exists so that the effect, if
any, of the relationship on City operations may be fully evaluated and
appropriate action taken. Should a conflict of interest exist, or there is a
strong likelihood that one will arise, the City shall consider action which
protects the interests of the City. In no case, may one individual have any
supervision over the other nor may one individual be subject to learning
confidential information about the other. City action to prevent or address
such possible work-related problems may include re-assignment of one
member to another department, division or location (if a suitable vacancy
exists). If no suitable arrangements can be made, one individual will
need to resign their position.
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S. Social Media
The City understands that social media can be a fun and rewarding
manner to share information and opinions with family and friends,
however the use of social media also presents certain risks and carries
with it certain responsibilities. To assist employees in making responsible
decisions about the use of social media, the following guidelines for the
appropriate use of social media have been established.
The City's policy is that employees are to be thoughtful in all their
communications and dealings with others, including email and social
media used both personally and through the course of City work. Only
those employees specifically designated to do so, may post to and
maintain the City's social media sites.
Social media includes all means of communications or posting
information or content of any sort on the Internet, an employee's own or
someone else's web log or blog, personal website, social networking
(Facebook, Twitter and the like) or affinity web site, web bulletin board or
chat room, whether or not associated or affiliated with the City, as well as
any other form of electronic communication.
A public blog is not an approved venue to communicate internal City
policies nor for employees to air opinions, disputes, or grievances that
are City-related. Work-related complaints are more likely to be
resolved by speaking directly with co-workers or by utilizing the city's
open door policy/practice, than by posting complaints to a social media
outlet.
When acting or appearing to act as a representative of the City or
identifying oneself as an agent or employee of the City, either overtly or
by inference, an employee shall never harass, threaten, libel, or defame
fellow professionals, employees, citizens, customers or anyone else.
To assist in making responsible decisions about the use of social media,
the following guidelines apply:
1. Know and follow the rules
a. Carefully read the City's policies, particularly the Standards of
Conduct where expectations and regulations regarding ethics,
information, discrimination and harassment can be found. If
any aspect of the policy is unclear, consult Human Resources
for clarification.
b. Ensure social media postings align with City policies.
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2. Be respectful
a. Always be fair and courteous to fellow employees, officials,
volunteers, citizens, customers, vendors and others who work
or serve on behalf of the City.
b. Avoid offensive posts of statements, photographs, and video
or audio that could reasonably be viewed as malicious,
obscene, threatening, intimidating, that disparage others
(including employees, customers, vendors or City partners) or
discriminatory or might constitute harassment, bullying, or
contribute to a hostile work environment. Examples of such
conduct might include offensive posts meant to intentionally
harm someone's reputation or posts that could contribute to a
hostile work environment on the basis of race, sex, disability,
religion or any other status protected by law or City policy.
3. Be honest and accurate
a. Always be honest and accurate when posting information or
news. If a posting mistake is made, correct it quickly. Never
post any information or rumors known to be false about the
City, employees, customers, vendors or City partners.
4. Employees shall not post any material that is privileged property of
the City.
5. Employees shall comply with confidentiality, financial disclosure, and
other similar laws.
6. Employees shall not create a link from a personal blog, website or
other social networking site to a City website without advance
approval of the City. Approval must be granted by either the City
Manager, the Communications Director, or a department director.
7. Employees shall express only personal opinions; make clear that
personal views do not in any way represent the views of the City, its
officials, employees, volunteers and other affiliates. Unless
specifically authorized by the City Manager, under no circumstances
shall an employee post any information or news that suggests,
portrays or states, in any manner, that the employee is an authorized
representative or spokesperson for the City.
8. Employees shall not use in any manner in any picture, video or image
any equipment or item containing or depicting any identifying mark or
12
logo of the City without prior approval by the City Manager.
9. Using social media at work
a. Refrain from using social media while on City work time and
on City provided equipment, unless authorized by the
department director as work-related.
b. Do not use the City's email address to register on social
networks, blogs, or other online tools utilized for personal use.
Employees are solely responsible for what they post online. Violation of
this policy (including conduct that adversely affects job performance, the
performance of employees, customers, vendors, City partners or
legitimate City business interests) may be considered grounds for
discipline, up to and including termination.
Retaliation or taking negative action against any employee for reporting a
possible deviation from this policy or for cooperating in a related
investigation is prohibited and will be subject to disciplinary action up to
and including termination.
Employees should not speak to the media on behalf of the City without
contacting the Communications Director. All media inquiries should be
directed to the City Manager, Communications Director or a department
director.
Nothing in this policy prohibits or is intended to prohibit employees
from discussing their terms and conditions of employment, which
includes wages and working conditions. Additionally, this policy is not
intended and will not be applied in any way that interferes with
employees' exercise of their rights under local, state or federal laws.
T. Identification Badges
Employees are issued identification badges and shall wear them while
at work and/or conducting City business.
1.3 Definitions
A. Administration —The City Manager, department directors and supervisory
employees.
B. Appointment— Initial employment in the City service.
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C. Break in Service —Any absence from work through voluntary or involuntary
termination for any cause. Leaves granted for appropriate reasons will not
count as a break in service.
D. Demotion —A voluntary or involuntary change from a higher to a lower pay
grade or position with resulting decrease in salary.
E. Educational Leave —Authorized absence (without pay) for training purposes.
F. Leave without Pay —Authorized absence without pay.
G. May—The word "may" shall be interpreted as permissive.
H. Military Leave —Authorized absence of employee for active military duty.
I. Overtime Pay — The compensation made for the work done in excess of the
normal work period.
J. Position and/or Employee Type —
1. Benefits Eligible — Employees/positions designated to work a minimum of
thirty-two (32) hours per workweek.
2. Full-Time — Positions designated to work forty (40) hours per workweek
or otherwise designated for firefighters and police officers.
3. General Employee —An employee that is not a police officer or
firefighter.
4. Reduced Hour— Positions designated to work a minimum of thirty-two
(32) hours and less than forty (40) hours per workweek.
5. Part-Time — Positions designated to work up to and including twenty-five
(25) hours per workweek.
6. Seasonal — Positions designated to work on a seasonal basis.
Employment terminates upon completion of the seasonal duties for
which they were hired.
7. Limited Duration — Positions that are specifically approved by the City
Manager for an indefinite period of time; usually not to exceed six (6)
months.
8. Temporary— Individuals who are employees of temporary labor
agencies.
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9. Probationary Employee — Non-management employees who have not
successfully completed the period of probation established for their
position.
10.Regular Employee — Non-management full-time or reduced hour
employees who have satisfactorily completed the period of probation
established for their position.
11. Management Employees— Department directors and any other at-will
employees designated in writing to serve at the will and discretion of the
City Manager.
K. Promotion —Advancement from a lower to a higher grade or progression.
L. Reappointment/Rehire—Appointment of an individual who has had
previous service with the City.
M. Reclassification - Revision of a job description resulting in significant
changes to the essential job functions.
N. Reduction in Force — Involuntary separation resulting from curtailment of
work.
0. Resignation — Voluntary separation from employment.
P. Shall — The word "shall" shall be interpreted as mandatory.
Q. Suspension — Discontinuance of duties with or without pay.
R. Termination — Separation from employment.
S. Transfer— Change from one position to another within the same paygrade
T. Workweek —The minimum number of hours regularly scheduled to be
worked during any seven (7) consecutive days.
15
Chapter 2
Employment
Practices
1
Chapter 2
Employment Practices
2.1 Equal Employment Opportunity
In accordance with federal, state, and local laws, the City of Clermont is
committed to maintaining a workforce and work environment that is free of
unlawful discrimination including harassment, on the basis of race, color, national
origin, sex, religion, disability, age, sexual orientation, marital, veteran,
pregnancy status, genetic information, or any other status protected by
applicable law.
The prohibition against employment discrimination and harassment may extend
to conduct that employees are subjected to from vendors, contractors,
customers, or others who enter the workplace. The City of Clermont is committed
to complying with all applicable federal, state, and local civil rights laws pertaining
to employment practices.
The City makes reasonable accommodations for qualified individuals with
disabilities unless doing so would result in an undue hardship to the City. This
policy governs all aspects of employment, including recruitment, selection, hiring,
job assessment, promotion, transfer, training, compensation, discipline,
termination, and benefits.
Employees with questions or concerns about any type of discrimination in the
workplace are encouraged to bring such issues to the attention of the immediate
supervisor, department director, Human Resources Director, or City Manager.
Employees can raise concerns and make reports without fear of reprisal. Anyone
found to be engaging in any type of unlawful discrimination will be subject to
disciplinary action, up to and including termination of employment.
2.2 Recruitment
The City of Clermont is committed to ensuring that the recruitment and selection
process is fair, open, and transparent and shall comply with all relevant
legislation. Employment shall be offered based on each candidate's knowledge,
skills and abilities for the vacancy.
All vacant positions must be advertised to ensure the most qualified and suitable
candidate is selected. At the department director's discretion, the advertising
may be internal and/or external. External advertising may be placed in various
media outlets depending on the nature of the position.
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2.3 Application
Applicants seeking employment with the City must file a completed employment
application provided by the City.
Fraudulent conduct or false or omitted statements of fact by an applicant shall be
deemed cause for exclusion of the applicant from consideration for the position
or termination from City employment. Applicants will be prohibited from applying
for an employment opportunity with the City for a period of one calendar year
from the time that the false statement is made.
2.4 Selection
A. Screening
As determined by the City Manager, the selection process may include
one or more or all of the following: oral interviews, evaluation of
experience and training, reference checks, written examinations,
performance tests.
B. Pre-Employment Background Investigation
It is the policy of the City that as a condition of employment, all
employees and volunteers must successfully complete a background
investigation. A comprehensive background check is conducted on
selected candidates as appropriate for the position, which may include
but not be limited to criminal, driving, employment history, education,
professional licenses/certifications, and references. Credit checks,
when deemed appropriate, are conducted in accordance with the
provisions of the Fair Credit Reporting Act.
Selected candidates shall not begin work until the candidate meets all
background requirements, and for applicable positions this shall
include pre-employment physical and testing. The City Manager shall
establish procedures to implement this policy.
C. Pre-Employment Drug Testing
It is the policy of the City that all candidates for specific positions (as
deemed applicable) must successfully pass a drug test that screens for
the presence of illegal drugs/alcohol. The City has adopted a policy
herein and a separate procedure regarding drug testing.
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D. Pre-Employment Physical Examination
It is the policy of the City that all candidates identified for specific
positions and volunteers (as deemed appropriate) must successfully
pass a pre-employment physical examination. The City has adopted a
separate procedure regarding the pre-employment physical
examination process. The City will schedule and pay the full cost of the
standard pre-employment physical examination.
Documentation of the successful completion of the pre-employment
physical examination shall be maintained on file in Human Resources.
E. Qualified Applicants
The City Manager or his/her designee (Human Resources along with
the hiring department) shall categorize those persons eligible for a
position as being qualified. The City Manager or his/her designee
(department director) shall make the selection from such persons.
F. Nepotism
No City official, department director, or supervisor may appoint,
employ, promote, advance or be influential in any way in the
employment of any individual who is a relative of the City official,
department director, or supervisor. Further, no relative of an employee
may be hired by the City to fill a position which would cause the current
employee to either have jurisdiction over or be subject to the
jurisdiction of the relative. For the purposes of this section only,
relative means father, mother, son, daughter, brother, sister, uncle,
aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-
in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister,
half brother or half sister.
G. Employment Laws
All applicable federal, state and local laws pertaining to employment
practices will be complied within the City's employment procedures.
H. Age Requirements
Applicants for full-time employment must be 18 years of age or older.
Persons who have reached their 16th birthday may be considered for
seasonal part-time employment within the limits of state and federal
laws.
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I. Veterans' Preference
The City shall comply with the Florida Administrative Code which
requires that Veteran's Preference and special consideration be given
to all eligible veterans and eligible spouses of veterans at each step of
the employment selection process, if the minimum qualifications are
met. This includes preference and priority in appointment, retention,
reinstatement, reemployment and promotion, except those that are
exempt, including but not limited to heads of departments,
policymakers and/or managers, or persons employed on a temporary
basis without benefits. An applicant who meets the criteria for receiving
Veteran's Preference must submit the appropriate documentation at
the time of application to substantiate the claim.
J. Internship Opportunities
Current employees are prohibited from participating in City internship
opportunities.
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Chapter 3
Educational Leave &
Tuition Assistance
Chapter 3
Educational Leave & Tuition Assistance
The City encourages employees to attend educational conferences and to take
self-improvement and job improvement courses which are related to their work and
potential growth within their field/department. Additional educational training will be
one measure used in making recommendations for advancement and promotion.
3.1 Educational Leave
Educational leave is defined to be authorized leave without pay, to attend a college,
university or other institution of higher education which offers academic curricula
leading to a degree or degrees. The decision to grant educational leave shall be
based on the City's need for an employee to have additional skills and knowledge
in order to improve the employee's job performance or potential growth within the
employee's field/department.
Educational leave is available to employees enrolled full-time or part-time in an
institution of higher education.
All benefits eligible employees who have successfully completed probation may be
entitled to educational leave.
Educational leave shall be limited to a period of twelve months, except that with the
approval of the City Manager such leave may be extended six months.
Employees requesting leave are obligated to return to work within or at the end of
the time granted. An employee who chooses not to return to work shall notify the
supervisor immediately. Failure to report back to work at the expiration of the
educational leave shall constitute the employee's resignation except in the case of
an extension of such leave.
Employees attending educational courses required by their department director
shall be granted leave with pay. Should a required course be scheduled at some
time other than the employee's normal working hours, the employee shall be given
time off to compensate for the hours required to complete the course or paid for the
hours at the regular pay rate approved by the department director.
3.2 Tuition Assistance/Reimbursement
Tuition reimbursement is available to benefits eligible employees for courses
applicable to the employee's field of work or of such nature and quality to directly
contribute to the employee's value and potential growth within the City. The course
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must be approved by the department director and City Manager prior to enrolling in
the course and is subject to budgetary constraints. Tuition assistance will not be
paid prior to the successful completion of an approved course. No blanket approval
of courses or programs will be granted. Only specific courses taken through a
nationally or regionally accredited institution for a specific semester will be
approved. The City will reimburse employees for the cost of tuition, books and fees
based on state college/university rates up to a maximum of one thousand dollars
($1,000) per fiscal year in accordance with the following schedule:
100% for attaining a final grade of"A"
75% for attaining a final grade of"B"
50% for attaining a final grade of"C"
As a part of applying for tuition assistance, an employee must agree in writing that if
he/she ceases to be employed by the City for whatever reason within one year of
receiving tuition reimbursement, he/she will reimburse the City the total amount
received toward any course(s) taken within the year prior to termination.
Reimbursement will be paid by check to the employee upon presentation of a final
grade report and receipts for any tuition, books and fees paid.
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Chapter 4
Compensation/Salary
Administration
iil
Chapter 4
Compensation/Salary Administration
4.1 Compensation Approval Authority
The compensation/salary of each position within the City shall be determined by
the position classification system. The salary of all employees at the time of
employment, as well as increases or decreases shall be approved by the City
Manager.
The City Manager, under the policy direction of the City Council, shall be
primarily responsible for the overall administration of City employment policies
and procedures. However, the department director shall be responsible for
ensuring that the employment policies and procedures are carried out day-by-day
in their department.
4.2 Merit Pay Increases
Regular, part-time (non-seasonal) and management employees are eligible to
receive a merit pay increase based on the overall rating of their annual
performance evaluation, and are awarded for overall performance which meets
or exceeds position/job expectations. Merit increases will only be available if
included in the current budget.
Merit pay increases shall be within the ranges of the established
classification/pay grade and shall not be available to employees who have
reached the maximum of their pay grade, unless specifically approved in the
budget. If approved in the budget, employees at the maximum of the pay grade
would be eligible for a lump-sum payment equal to their merit increase.
4.3 Incentive Pay
As an incentive for employees to advance their career, incentive pay is available
for specific positions. Details of the incentive pay program have been adopted in
a separate resolution.
4.4 Overtime Pay
Overtime work shall be kept at a minimum. However, the requirements of a
specific department may make it necessary for an employee to sometimes work
beyond his/her regularly scheduled working hours. All overtime work shall be
approved by the employee's authorized supervisor. Employees shall be required
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to work overtime when assigned unless excused by their supervisor.
Employees considered non-exempt in accordance with the Fair Labor Standards
Act (FLSA) shall be paid overtime pay for hours worked in excess of their regular
work period as follows:
Employee Type Regular Work Period
8 & 10 Hour 40 hours in a seven (7) day period
12 Hour 84 hours in a fourteen (14) day period
24 Hour 212 hours in a twenty-eight (28) day period
For the purpose of calculating overtime: compensatory leave, sick leave,
bereavement leave, annual leave, holiday leave, military leave, jury duty, storm
administrative pay and any other absence from work while on paid status will not
be considered time worked.
Employees shall not begin work before the beginning of their schedule or
continue to work after the end of their schedule without permission.
Off Duty Work Time - Non-exempt employees should not conduct work-related
responsibilities, duties or tasks outside of their normal work schedule, however
occasionally it may be required that a non-exempt employee must perform
certain authorized work duties during off duty hours. Duties may include
emergency response activities, making or receiving phone calls, and/or
responding to urgent emails. Non-exempt employees should not have City email
access on personal cell phones and should keep monitoring/checking email on a
City-issued cell phone to a minimum.
Overtime worked shall be compensated at one and one-half (1.5) times the
employee's regular rate of pay as defined in the Fair Labor Standards Act.
Employees who are paid overtime have the choice of receiving payment in the
form of cash or compensatory leave. Prior to the start of overtime work, the
employee and supervisor shall mutually agree upon the manner in which the
overtime work is to be compensated, either in overtime pay or accrual of
compensatory leave. Compensatory leave must be provided at a rate of one-and-
one-half (1 .5) hours for each overtime hour worked and will be credited to the
employee at the end of the work period in which the overtime was worked.
It is the responsibility of each immediate supervisor and section/division manager
to ensure that accurate records of hours worked, including overtime hours, are
maintained.
To the extent operationally feasible, flexible scheduling or other scheduling
modification within the workweek will be used to avoid incurring overtime. Flexed
time cannot be adjusted between multiple workweeks. Department directors are
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responsible for ensuring the fair and equitable administration of flexible
scheduling.
A. Exempt Employees
The following provisions are established in accordance with the Fair
Labor Standards Act:
1. Exempt employees are compensated based on the total job rather
than the number of hours worked. As such, exempt employees are
expected to allocate whatever amount of time is necessary to
accomplish the tasks assigned to them and to successfully execute
the duties and responsibilities of the position. Although forty (40)
work hours is typically the standard, exempt employees are often
required to work extended or irregular hours above the forty (40)
hours to perform successfully. Exempt employees do not earn
overtime pay for hours worked over and above the standard work
schedule.
2. Exempt employees who are absent from the workplace due to
personal reasons or sickness for less than a full day but more than
half of their scheduled work day are required to use accrued leave
(annual, sick, or personal as applicable) for the number of hours
equal to half of the work day (e.g., 4 hours for an 8-hour day).
Exempt employees who have exhausted all applicable leave will go
into an unpaid status. Exempt employees are not required to use
accrued leave for work day absences of less than half of their
regularly scheduled hours.
3. Supervisors are responsible for setting work schedules, allowing or
denying partial-day absences, optionally requiring that the
absences be for the full scheduled day, and for monitoring the
performance of exempt employees. Abuse of this privilege and/or
substandard job performance by an exempt employee will lead to
corrective action, up to and including termination.
4. When an exempt employee's absence is protected under the
Family/Medical Leave Act (FMLA), partial day accrual use and
FMLA entitlement may be used in increments of fifteen (15)
minutes in accordance with the City's FMLA Policy.
5. Employees considered exempt in accordance with the Fair Labor
Standards Act (FLSA) are not entitled to overtime pay for hours
worked in excess of their regular work period. However, FLSA
exempt employees may receive payment for overtime worked
under the following conditions:
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a. A City-wide state of emergency has been declared by the
Mayor or in his/her absence the Mayor Pro Tem.
b. Only hours worked in excess of fifty (50) hours in a
workweek during the City-wide state of emergency period
that pertain to the protection of life, property or the
effective operation of the City will be paid. (The length of
the City-wide emergency period shall be the duration
defined in the resolution.)
c. All overtime paid pertaining to this emergency will be paid
at an hourly rate calculated by dividing the employee's
normal salary for a pay period by the number of regularly
scheduled hours in the pay period.
d. This provision applies to all FLSA exempt employees
with the exception of the City Manager.
e. Deductions from the pay of an exempt employee may be
made for suspensions of one or more full days in
accordance with the FLSA.
B. Safe Harbor under the FLSA
It is the policy of the City to accurately compensate employees and to
do so in compliance with all applicable state and federal laws. To
ensure that employees are paid properly for all time worked and that
no improper deductions are made, employees are responsible for
recording all work time in accordance with the provisions provided by
the City and for reviewing paychecks promptly to identify and report all
errors. Non-exempt employees are prohibited from engaging in off-the-
clock or unrecorded work.
Non-exempt employees are responsible for recording actual time
worked each day. Hours must be accurately recorded on a time sheet
or time tracking system to which employees will have ready access.
Each employee must sign his/her time sheet (whether paper or
electronic) to verify that the reported hours worked are complete and
accurate and that there is not unrecorded or "off-the-clock" work. The
time sheet must accurately reflect all regular and overtime hours
worked, any absences, early or late arrivals, early or late departures
and meal breaks. Upon receipt of pay checks, employees should
immediately verify that pay was provided appropriately.
Exempt employees will be paid a full salary for any workweek in which
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they perform work, regardless of the number of days or hours worked,
subject only to pay deductions permitted by law, including the
following:
1 . Full day absences for personal reasons, since the City has a
vacation/annual leave accrual program, and partial days in
accordance with 4.4 Overtime Pay, Exempt Employees, B.
2. Full day absences for sickness, since the City has a sick leave
accrual program, and partial days in accordance with 4.4
Overtime Pay, Exempt Employees, B.
3. FMLA absences (either full or partial day absences).
4. Unpaid disciplinary suspensions of one or more full days for
significant infractions or major workplace conduct or safety rules
(including those that could cause serious harm to others) set
forth in City policies and procedures.
5. The first or last week of employment in the event that an
employee works less than a full week.
Employees who have questions regarding deductions from their pay, believe that
their wages have been subject to any improper deduction, or believe that pay
does not accurately reflect all hours worked should contact their supervisor
immediately. Each report will be appropriately addressed in a timely manner.
Violations will subject the offending employee to corrective action, up to and
including termination.
4.5 On-Call Pay
On-call pay shall be paid to employees who are required to remain available to
be called in to work on a short notice (as defined in departmental guidelines) if
the need arises. Only employees who are specifically required by the department
director to be on-call will be compensated.
The standard to which on-call pay is to be paid and the amount to be paid must
be authorized by the City Manager in advance.
4.6 Call-Out Pay
Call-out pay applies to a situation where an employee is called to work on off-duty
hours (excluding lunch periods) due to an emergency or an urgent situation. Call-
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out work performed during lunch periods shall be compensated based on actual
time worked.
The hours to be paid where an employee is actually called into work shall be actual
time with a minimum of two (2) hours. In the event of multiple call-outs, the two (2)
hour requirement shall not apply to those call-outs incurred within two (2) hours of
the first call-out clock-in time. If the call-out consists only of telephone calls, the
actual time of the call will be paid, without regard to a minimum time.
During workweeks in which there is Holiday Leave or during a declared City-wide
state of emergency, the call-out time will be compensated at one and one-half (1.5)
times the employee's regular rate of pay.
Call-out hours paid will be considered time worked for purposes of overtime
calculation in the work period in which the call outs occurred.
4.7 Working Out of Classification Pay
Working out of classification pay shall apply to employees who are required to work
in a higher job classification (This policy does not apply to employees working in a
director level capacity.) The employee must work in the higher job classification for
more than the number of days noted in the following schedule in a thirty (30)
calendar day period.
Employee Type Number of Days/Shifts
8 & 10 hour 10
12 hour 7
24 hour 5
The employee's pay rate will be adjusted to the minimum of the higher job
classification pay range or by five percent (5%), whichever is greater, for each
day/shift worked in the higher job classification, including the qualifying work
days/shifts. The employee will remain in their current position and retain their
original overtime status. Pay will revert to the previous rate of pay at the end of the
temporary assignment.
4.8 Storm or Other Disaster Pay and Leave
These policies apply when a City-wide state of emergency has been declared by
the Mayor or in his/her absence the Mayor Pro Tern.
A. Storm Leave
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Employees (except seasonal part-time) directed not to work any regularly
scheduled hours due to the storm shall be paid Storm Leave for those
hours at their regular hourly pay rate.
Hours paid as Storm Leave shall not count toward overtime.
B. Storm Worked Pay
Employees (except police officers and firefighters) required to work
during the storm period as designated by the City Manager or any
rescheduled shift due to the storm or any hours worked in excess of their
regularly scheduled shift related to the storm shall be paid Storm Worked
Pay at 1.5 times their regular hourly pay rate.
Police officers and firefighters called in or held over shall be paid Storm
Worked Pay at 1.5 times their regular hourly pay rate.
Storm Worked Pay hours paid shall be considered time worked for
purposes of overtime calculation.
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i
Chapter 5
Leave
I
Chapter 5
Leave
5.1 Annual Leave
Annual leave may be used as accrued after the employee has completed six (6)
consecutive calendar months of employment. Previous employment with the City
will not count towards years of service. Exceptions to this rule include leave
approved by the City Manager (or designee/department director) during the
employee's recruitment or when an exempt probationary employee has
exhausted sick leave and has a documented illness/injury for which the leave is
taken.
A. Rate of Accrual
Annual leave shall be credited to benefits eligible employees on a bi-
weekly basis in accordance with the following schedule:
Employee Type
Years of Service 8 & 10 Hour 12 Hour 24 Hour
0-4 3.08 hours 3.23 hours 4.61 hours
5-9 3.69 hours 3.85 hours 5.54 hours
10-14 4.61 hours 4.85 hours 6.93 hours
15-19 5.53 hours 5.81 hours 8.31 hours
20 and over 6.15 hours 6.46 hours 9.23 hours
Reduced hour employees working in positions regularly scheduled to
work 1,664 hours or more annually (with the exception of police
officers and firefighters who work an assigned shift), shall receive pro-
rated accruals based upon the number of hours they are regularly
scheduled to work.
B. Maximum Accumulation
The maximum amount of annual leave that employees not covered by
a collective bargaining agreement may accumulate is as follows:
Employee Type Maximum
8 & 10 hour 320 hours
12 hour 336 hours
24 hour 400 hours
C. Use of Annual Leave
Annual leave may be taken in quarter-hour increments.
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Annual leave may be used for annual wellness related healthcare
provider visits at any time.
Annual leave may be used during absences involving sickness, injury
or death, with department director approval, only after those leave
benefits are exhausted. All leave must be exhausted prior to going into
an unpaid status.
If an employee with approved leave works additional hours during the
workweek, it shall be the decision of the employee whether to reduce
the amount of leave requested.
D. Procedure
An employee who is eligible for vacation may take it at any time
agreeable to the employee and supervisor. The employee must
complete a Leave Request Form.
Each department director, or designee, shall schedule annual leave
with particular regard to the seniority of employees, in accordance with
operating requirements and, insofar as possible, with the requests of
the employees. The method of compiling and scheduling leave
requests must be reasonable, fair, consistent, non-discriminatory and
comply with departmental and City policies and procedures.
Annual leave shall not be scheduled in such a way that it hinders
departmental operations or causes significant understaffing, so as to
impact the operation of the department or office.
E. Periods When Annual Leave Shall Not Accrue
When an employee is on any authorized absence, exclusive of annual
leave, for more than the time period noted in the following schedule,
the employee shall be placed in a non-leave earning classification until
such time that the employee returns to work:
Employee Type Time Period Absent
8 & 10 hour 15 consecutive work days
12 hour 12 consecutive shifts
24 hour 7 consecutive shifts
F. Payment of Annual Leave Upon Separation
No employee shall be permitted to forego his/her vacation and receive
pay in lieu of annual leave. Accrued but not used annual leave shall
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only be paid out when an employee has completed six (6) consecutive
months with the City and is separated from the City payroll for any
reason.
Prior to any payout being made to an eligible employee, all City
property and/or equipment in possession of the employee must be
returned to the employee's supervisor or designee, if applicable.
5.2 Holiday Leave
A. The following days shall be observed as official City holidays.
First day of January (New Year's Day)
Third Monday of January (Martin Luther King Day)
Last Monday in May (Memorial Day)
Fourth day of July (Independence Day)
First Monday in September (Labor Day)
Eleventh day of November (Veterans Day)
Fourth Thursday in November (Thanksgiving Day)
Fourth Friday in November (Day after Thanksgiving Day)
Twenty-fourth day in December (Christmas Eve)
Twenty-fifth day in December (Christmas Day)
B. When a holiday observed by the City falls on Sunday, such holiday
shall be observed on Monday after the holiday. When a holiday
observed by the City falls on Saturday, such holiday shall be
observed on Friday before the holiday.
C. Christmas Eve holiday may be observed on either the day before
or after Christmas at the discretion of the City Manager, in an effort
to provide for a long four (4) day weekend when possible.
D. All employees who meet the holiday pay eligibility requirements
outlined in this section shall be paid holiday pay equivalent to eight
(8) hours at the employee's regular rate of pay.
In the event that the observed holiday falls on a day that the
employee is regularly scheduled to work a shift of more than eight
(8) hours and does not work due to the observance of the holiday,
the employee shall receive the remainder of the hours as holiday
pay.
In the event that the observed holiday falls on the employee's
regularly scheduled day off, the employee may request and, with
department director approval, be given off with pay the same
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number of hours worked on a regularly schedule shift for that
position in the same pay week, instead of being paid the holiday
pay.
All employees who are required to work on the observed holiday
and do not qualify for the overtime pay as noted in Chapter 4 of
this policy shall be paid for all hours worked on the holiday at the
rate of one and one-half times (1.5) the employee's regular rate of
pay. In addition, the employee must meet the holiday pay eligibility
requirements outlined in 5.2 E. of this policy.
The observed holiday for Monday through Friday workers is the
day in accordance with 5.2 B. of this policy. The observed holiday
for all other employees is the actual holiday.
E. To be eligible for holiday employee an pay, must meet the
following requirements:
1. Be a benefits eligible employee.
2. Must work on the scheduled days prior to and after the
holiday; or
Be in an approved pay status both the work day before and
the work day after the holiday. Pay status includes
employees on paid annual, sick, or compensatory time, as
well as workers' compensation and personal days.
3. An employee who reports for work on the scheduled work
date prior to the holiday will be considered to have worked
that day, even though he/she is unable, due to emergency
or illness, to complete the normal work day. The same will
apply to the first scheduled work day after the holiday.
5.3 Personal Days
Employees are entitled to two (2) personal days per calendar year. They may be
scheduled by an employee, but are subject to the department director's (or
designee) approval and with the following restrictions:
A. The employee must have completed six (6) consecutive months of
employment as a benefits-eligible employee with the City.
B. Personal days cannot be carried forward to the next calendar
year.
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C. Personal days must be taken in one day (no hourly increments).
D. Personal days are equivalent to the number of hours worked by
the employee on a regularly scheduled shift for that position.
Reduced hour employees working in positions regularly scheduled to work 1,664
hours or more annually (with the exception of police officers and firefighters who
work an assigned shift), shall receive pro-rated accruals based upon the number
of hours they are regularly scheduled to work.
Personal days may be used during absences involving sickness, injury or death,
only after those leave benefits are exhausted. All leave must be exhausted prior
to going into an unpaid status.
5.4 Military Leave
A leave of absence without pay will be granted to any employee who is serving in
the Uniformed Services even if such period of military service may be for more
than 12 months. Health insurance coverage (for the employee and his/her
dependents will end on the date the employee enters military service or on the
last day of the month in which the leave commences, whichever occurs first, but
may be continued at the employee's election in accordance with the terms of the
Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA"). Upon honorable discharge, the employee will be reinstated with the
City in accordance with USERRA.
In accordance with Section 115.09, Florida Statutes, an employee who is a
service member in the National Guard or a reserve component of the Armed
Forces of the United States will be granted leave of absence to perform active
military service. The first 30 days of any such leave of absence will be with full
pay.
Additionally, in accordance with Section 250.48, Florida Statutes, an employee
who is a member of the Florida National Guard will be granted a leave of
absence with pay on all days during which the employee is engaged in active
state duty for a named event, declared disaster, or operation pursuant to Florida
Law. However, a leave of absence without loss of pay granted under this section
may not exceed 30 days for each emergency or disaster, as established by
executive order.
An employee who is a member of the National Guard or who is a reservist in any
branch of the Uniformed Services shall be granted military leave not in excess of
240 working hours per calendar year in accordance with Florida Statute 115.07
when they are engaged in training ordered under the provisions of the United
33
States military or naval training regulations for such personnel when assigned to
active or inactive duty. The leave amount shall be at the employee's regular rate
of pay. Administrative leaves of absence for additional or longer periods of time
for assignment to duty functions of a military character will be granted without
pay. It is the employee's responsibility to notify his/her supervisor as far in
advance as possible so that arrangements can be made for the employee's
absence. If an employee fails to provide notice to the City prior to the date he/she
is to report for duty, the City may decline to reinstate the employee in accordance
with USERRA.
Note: Also refer to the 5.6 Family and Medical Leave Section (FMLA).
5.5 Sick Leave
It is the policy of the City to provide reasonable time off with pay, up to the
amount of unused sick leave earnings, to benefits eligible employees who are
unable to work due to illness or injury. Sick leave with pay is not a right which an
employee may demand, but a privilege granted by the City and shall only be
used for the purposes outlined within. Previous employment with the City will not
count towards years of service.
A. Rate of Accrual
Sick leave shall be credited to employees on a bi-weekly basis in
accordance with the following schedule:
Employee Type
Years of Service 8 & 10 Hr. 12 Hour 24 Hour
Less than 1 year 1 .84 hours 1 .94 hours 2.31 hours
More than 1 year 3.69 hours 3.88 hours 4.62 hours
Reduced hour employees working in positions regularly scheduled
to work 1,664 hours or more annually (with the exception of police
officers and firefighters who work an assigned shift), shall receive
pro-rated accruals based upon the number of hours they are
regularly scheduled to work.
B. Maximum Accumulation
The maximum amount of sick leave that an employee may
accumulate is as follows:
Employee Type Maximum
8 & 10 hour 960 hours
12 hour 1,008 hours
24 hour 1,200 hours
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C. Use of Sick Leave
Sick leave may be used as follows:
1. The City Manager, department director (or designee)
can officially approve employee sick leave.
2. Employees may be paid for sick leave used
immediately upon employment with the City.
3. Sick leave may be paid when an employee is unable
to work due to a personal/family illness or injury, or
when the employee's presence may endanger his
own health or the health of fellow workers. A family
member for this purpose is defined as spouse,
children, step children, parents, parents-in-law,
siblings, grandchildren or grandparents of the
employee.
4. Sick leave may be taken for medical, optical, and
dental appointments. Use of sick leave is intended for
the duration of the appointment including travel time.
Employees may request annual or compensatory
leave when they are seeking the remainder of the day
off for reasons not covered under sick leave.
5. Sick leave may be taken in quarter-hour increments.
6. A manager/supervisor, with concurrence of the
department director, shall have the right to require
documentation from a healthcare provider to verify an
absence due to illness or to confirm return to work
status.
7. Excessive Use of Sick Leave
Sick leave is extended to employees as a privilege.
Abuse of sick leave is considered unwillingness to
perform job functions and may constitute grounds for
progressive disciplinary action, up to and including
termination. Abuse is determined on a case-by-case
basis; however, examples of abuse may include, but
not be limited to, the following:
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• Repeated occasions of unscheduled, unexcused
absences (including tardiness and leaving work
early)
• Repeated occasions of absences on the same day
of the week, pay period, month, or at the same
time interval
• Repeated occasions of absences the day before
or after a scheduled holiday or scheduled day off
• Repeated occasions of taking sick leave as sick
leave is earned
• More than three (3) first day/last day of the
workweek absences in any twelve (12) month
period
• Use of more than 50% of the employee's total sick
leave accrual during a twelve (12) month period
Sick leave used under the provisions of the
Family/Medical Leave Act (FMLA) is exempted from
being defined as abuse.
A manager/supervisor who suspects that an
employee is abusing sick leave should contact
Human Resources to determine if corrective action or
other measures are appropriate given the employee's
absence history and FMLA status if applicable. With
the concurrence of the department director and
Human Resources, a manager/supervisor suspecting
abuse may require an employee to submit written
certification from a healthcare provider to substantiate
absences.
8. Upon the exhaustion of sick leave, an employee may
use annual, personal and compensatory leave with
departmental approval.
D. Payment of Sick Leave
In order to be eligible for sick leave with pay, an employee must:
1 . Report to the Department in accordance with
departmental call-in procedures at least 30 minutes
prior to his/her scheduled start time on the day of the
absence, the reason for the absence, except in the
case of public safety where the departmental
schedule will be followed. An employee who fails to
notify the Department in accordance with the
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Department's call-in procedures may not be paid for
the time taken prior to notification.
2. If the absence extends beyond three days, keep the
supervisor advised as to the employee's condition and
anticipated date of return.
3. Submit a statement from the attending physician(s) as
to the nature and duration of the illness, if requested.
Please refer to Section E.4 pertaining to employees
absent for Unscheduled/Emergency Personal Injury
or Illness.
When a paid holiday occurs during the period an employee is on
sick leave with pay, the employee shall receive only his/her regular
holiday and that day shall not be charged against his/her sick
leave earnings.
If an employee with approved leave works additional hours during
the workweek, it shall be the decision of the employee whether to
reduce the amount of leave requested.
Procedure:
1 . Each employee shall notify (call) his/her immediate
supervisor in accordance with the City/departmental
attendance policy to report his/her sickness.
2. When an employee returns to work he/she shall
complete the leave request form, which must be
submitted to his/her department director for review.
3. If an employee wishes to use sick leave for a doctor,
dentist or optical appointment, then the leave form
must be submitted and approved before the sick
leave is taken.
4. If a supervisor feels that an employee has abused this
policy, he/she may with permission of the City
Manager, authorize unpaid leave.
E. Unscheduled/Emergency Personal Injury or Illness
The following applies to employees who are absent for their own
unscheduled or emergency personal injury or illness:
Employees who are absent due to an emergency personal injury or
illness should call or have someone call his/her supervisor to report
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such an absence.
An employee who has been absent under any of the following
conditions must, upon returning to work, have a doctor's statement
that indicates his/her return to work status with or without
restrictions, to be reviewed and approved by Human Resources:
1. Employee has been hospitalized.
2. Employee has been granted annual/personal leave
which is in reality for medical reasons, i.e., employee
is hospitalized or undergoing a surgical procedure
which could be disabling.
3. Employee has a non-work related injury or illness,
even if no time is lost from his/her regularly scheduled
work shift, i.e., weekend or after-hours occurrence.
4. Employee is absent three (3) or more consecutive
work days.
It is the employee's responsibility to ensure that proper notification
is made when absent due to an emergency personal injury or
illness. This must be done by phone or electronic notification, and
if possible by the employee.
The requirement contained in this subsection pertains to
emergency personal injury and illness even if sick leave is
exhausted.
F. Periods When Sick Leave Shall Not Be Earned
When an employee is on authorized absence, exclusive of annual
leave, for more than the time period noted in the following
schedule, the employee shall be placed in a non-leave earning
classification until such time that the employee returns to work.
Employee Type Time Period Absent
8 & 10 hour 15 consecutive work days
12 hour 12 consecutive shifts
24 hour 7 consecutive shifts
G. Physician Examination
An employee may be required to submit to an examination by a
physician of the City's choosing upon returning to active duty after
an extended illness or injury.
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H. Employee Under Suspension Not Eligible for Sick Leave
An employee under suspension forfeits all claim to sick leave for
the duration of such suspension and must be returned to active
duty before sick leave credit is restored.
Break In Service Cancels All Sick Leave
A break in service permanently cancels all sick leave accrued to an
employee's record and in the event of subsequent reappointment
such employee begins a new sick leave accumulation.
J. Illness During Annual Leave
When sickness occurs within a period of vacation leave, the period
of illness may be charged as sick leave and the charge against
vacation leave reduced accordingly. Application for such
substitution should be made within two (2) working days after return
to active duty and shall be supported by documentation from a
health care provider.
K. Military Duty Effect on Sick Leave
When an employee enters active military duty, either by induction
or for training purposes or for national or state emergencies, sick
leave accumulated shall remain to that employee's account pending
return from military leave. However, no further sick leave credits
will be accumulated for the period of absence on military leave.
L. Resignation / Retirement
Employees who resign voluntarily or retire shall receive payment of
their sick leave balance at the employee's current rate of pay, in
accordance with the following schedule:
Years of Service Percentage
10 years 25%
20 years 50%
30 years 75%
Employees who are employed with the City as of November 24,
1998 and who are eligible to retire from the City in the future with
less than twenty (20) years of service, shall be paid 50% of their
sick leave balance at retirement. This exception shall only apply to
employees who retire.
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M. Payment of Uncredited Sick Leave
Employees who were not credited with sick leave during the fiscal
year due to reaching the maximum accrual, shall be paid the value
of fifty percent (50%) of the uncredited sick leave up to the
maximum as indicated in the following schedule:
Employee Type Maximum Hours
8 & 10 hour 48 hours
12 hour 50 hours
24 hour 60 hours
Employees eligible for the payment of uncredited sick leave on
October 1 , 2017, shall receive the October 2017 payment. The
payment of uncredited sick leave policy provision will discontinue
following the October 2017 payment.
N. Conversion of Sick Leave
In order to provide an incentive for employees to make
conservative use of their sick leave privileges, the City provides
additional benefits in the form of sick leave conversion to personal
days for employees in a benefits eligible position.
Employees who have been employed from the first payroll period in
each calendar year through the last day of the twenty-sixth payroll
period in the calendar year shall be eligible for incentive personal
days.
Following the end of the twenty-sixth payroll period of each year,
the eligible number of sick leave hours will be converted to personal
days (e.g. deleted from the sick leave balance and added to the
personal day balance) based on sick leave hours used during the
previous twenty-six (26) pay periods unless the employee
specifically requests otherwise. Donated sick leave hours do not
impact this incentive program.
Up to three (3) full work days of unused sick leave can be
converted to personal days. The amount eligible to be converted is
determined by the following formulas.
Scheduled Work Day Maximum Number of Converted
Hours
8 (40 hr. week) 24 minus hours used, rounded down to
the nearest full work day
10 (40 hr. week) 30 minus hours used, rounded down to
the nearest full work day
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12 (Based on a 2184 36 minus hours used, rounded down to
hour work year, 84 the nearest full work shift
hour pay period)
24 (Based on a 2604 72 minus hours used, round down to the
hour work year, and nearest full work shift
100.15 hour pay
period)
Example: An eligible employee who works an 8-hour day/shift uses
12 hours of sick leave during the year. The employee is eligible to
convert 8 hours/1 work day to personal days.
The number of sick leave hours to be converted will be based on
the current work day/shift schedule at the time of the conversion.
A minimum sick leave to be converted is that which is equivalent to
one (1) personal day based on the employee's current work day
schedule.
Sick leave hours donated or converted from sick to personal days
in the previous year will not be counted as sick leave hours used by
the affected employee.
Following the end of the twenty-sixth payroll period of the year,
eligibility will be determined for the leave conversion program. All
eligible leave will be converted at that time unless the eligible
employee specifically requests otherwise.
Employees who do not wish to convert eligible sick leave hours to
personal day(s) in accordance with these provisions must provide
written notification to Human Resources no later than the close of
business on the last day of the twenty-sixth payroll period of the
year.
Converted time will be deducted from the employee's sick leave
balance and added to the employee's personal day balance, which
will be credited to the employee during the month of January.
Converted sick leave will be treated as used leave in determining the
uncredited sick leave distribution.
Personal day restrictions apply to newly converted personal days,
including that personal days must be used within the calendar year
and cannot be carried forward to the next calendar year.
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5.6 Family and Medical Leave (FMLA)
The City provides leave pursuant to the provisions of the Family and
Medical Leave Act of 1993 and as subsequently amended. An eligible
employee would be entitled to unpaid Family and Medical Leave as set
forth below:
A. Eligible Employees
Employees who have been employed for at least 12 months or 52
weeks which need not be continuous and have worked at least
1 ,250 hours during the preceding 12-month period are eligible for
unpaid FMLA. FMLA runs concurrently with all forms of paid leave.
The employee must use all of his/her accrued leave (e.g., sick,
annual, compensatory), as well as personal days. The remainder of
the leave period will then consist of unpaid leave.
B. Leave Period
An eligible employee is entitled to take up to 12 workweeks of
FMLA (or up to 26 workweeks of military caregiver leave to care for
a covered service member with a serious injury or illness) in any
12-month period. The 12-month period shall be a rolling 12-month
period measured backward from the first date FMLA is used.
Entitlement to FMLA for the birth or placement of a child for
adoption or foster care will expire 12 months from the date of birth
or placement.
C. Reason for Leave
An employee who meets the applicable eligibility requirements will
be granted a total of up to 12 workweeks of FMLA for the following
reasons:
1 . The birth of the employee's child and/or in order to care for
that child;
2. The placement of a child with the employee for adoption or
foster care;
3. To care for a spouse, child, or parent who has a serious
health condition, or a serious health condition that renders
the employee incapable of performing the functions of
his/her job.
4. A qualifying exigency arising out of the fact that the
employee's spouse, child or parent is a covered military
member in the Armed Forces on active duty (or has been
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notified of an impending call or order to active duty) in
support of a contingency operation.
5. To care for a covered service member (or veteran who was a
member) of the Armed Forces (including the National Guard
or Reserves) who is a spouse, son, daughter, parent, or next
of kin and has incurred a qualifying (as defined by the
Secretary of Labor) injury or illness in the line of duty while
on active duty in the Armed Forces (or a qualifying injury or
illness that existed before the beginning of the member's
active duty and was aggravated by service in line of duty on
active duty in the Armed Forces). Employees may be entitled
to 26 weeks of FMLA, pursuant to Federal Law.
Employees should contact Human Resources to apply for or learn
more about this type of military leave.
If spouses who are eligible for FMLA both work for the City, the
aggregate FMLA taken by both employees is limited to a total of 12
workweeks if the FMLA is taken for the birth of the employee's son
or daughter or to care for the child after the birth, or for placement
of a son or daughter with the employee for adoption or foster care
or to care for the child after placement or to care for a parent with a
serious health condition. However, if the FMLA is taken by either
spouse to care for the other who is seriously ill and unable to work,
to care for a child with a serious health condition, or for his/her own
serious illness, then each employee is eligible for up to 12 weeks of
FMLA. Where parents both use a portion of the total 12-week
FMLA entitlement for either the birth of a child, for placement for
adoption or foster care, or to care for his/her own parent, the
parents would each be entitled to the difference between the
amount he or she has taken individually and 12 weeks of FMLA for
other purposes.
D. Application for Leave
An employee intending to take FMLA must complete an application
for FMLA and return it to Human Resources for the FMLA to be
approved. The completed application must be accompanied by the
medical certification stating the reason for the leave, the anticipated
duration of the leave, and the starting and ending dates of the leave.
E. Outside Employment
Outside or supplemental employment is generally prohibited during
FMLA leave. Exceptions may be granted on a case-by-case basis
and must be approved by the City Manager prior to the
commencement of the FMLA.
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F. Notice of Leave
It is the employee's responsibility to notify Human Resources of the
qualifying event or need for FMLA at least 30 days before the FMLA
is to begin, or as soon as the reason requiring the FMLA is known.
Failure to provide the required notice may result in a delay or denial
of the leave.
G. Intermittent or Reduced Leave
Employees may not take intermittent or reduced leave in case of
birth or placement of a child, unless the City agrees. In the case of
serious health conditions, FMLA may be taken intermittently or on a
reduced leave schedule when medically necessary. Employees are
expected to make a reasonable effort to schedule intermittent leave
so as not to disrupt the operations of the City.
H. Medical Certification of Leave
The application for FMLA based on the "serious health condition" of
the employee or the employee's spouse, child, or parent must be
accompanied by a "Medical Certification Statement" completed by
the health care provider. The certification must be complete and
include all requested information, including the date on which the
serious health condition commenced, probable duration of the
condition, and the appropriate medical facts regarding the condition.
If an employee is requesting FMLA to care for a spouse, child, or
parent with a serious health condition, the medical certification must
provide an estimate of the amount of time the employee will need. In
addition, the City may request re-certification of medical necessity
under certain situations as allowed by FMLA regulations.
Notification of Leave Assignments
After receiving notice from the employee regarding the need to take
FMLA, the City will discuss the leave requirements with the
employee and will issue a designation notice outlining the basic
information regarding the leave.
J. Benefits Coverage During Leave
An employee who takes FMLA will not lose any previously accrued
seniority or leave benefits, but are subject to accrual limitations
described in this policy. Leave extending beyond the 12-week
FMLA allotment does not carry the return rights under FMLA.
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While an employee is out on FMLA, payroll deductions for any group
or voluntary benefits in which the employee is enrolled will continue
until all accrued leave hours are exhausted. After exhausting all
accrued leave or donated leave time, insurance premiums in the
amount normally deducted from the employee's paycheck must be
paid biweekly directly to Human Resources until the employee
returns to work or FMLA entitlement ends. Failure of the employee
to pay his/her share of these insurance premiums, if any, may result
in loss of coverage. If an employee exhausts FMLA, is unable to
return to work, and separates from service, he/she may elect to
continue benefits coverage through COBRA.
If an employee fails to return to work after the expiration of their
FMLA, the employee will be required to reimburse the City for its
portion of the payment for group insurance premiums during the
FMLA. Reimbursement will not be required if the employee does
not return to work because of his/her serious health condition, the
serious health condition of the employee's family member, or other
circumstances beyond the employee's control.
K. Restoration to Employment
An employee who returns from FMLA will be returned to the same
position held when the FMLA began or to a position equivalent in
pay, benefits, and other terms and conditions of employment.
However, the highest paid 10 percent of employees are not
guaranteed reinstatement if reinstatement will cause the City
economic injury. In such a case, the City will notify the employee as
soon as it determines that reinstatement is not available. The City
cannot guarantee that an employee will be returned to his/her former
job.
L. Return from FMLA
The City will require an employee taking FMLA to report at least
every two (2) weeks on his/her status and intent to return to work
upon completion of the leave. Employees should notify their
immediate supervisor at least one week prior to their scheduled
return to work date to verify their return. Employees returning from a
medical leave are required to provide certification from their health
care provider indicating that the employee is able to resume work
with no limitations. Once an employee returns to work from FMLA,
the City reserves the right to require an employee to undergo a
physical or mental examination at the City's expense whenever
there is reasonable belief that the employee's fitness for duty is in
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question.
Employees who do not return to work upon the expiration of FMLA
leave will be treated as having voluntarily terminated their
employment. An employee who requests an extension of their FMLA
beyond that certified by their medical provider, must submit his/her
request for an extension in writing that includes the reason for the
requested extension and the anticipated date of return.
M. It is the City's right and obligation to determine whether an
employee's leave is eligible for FMLA. If an employee is taking time
off from work and the City has reason to believe that such time off
falls under the FMLA provisions (e.g., the employee has a known
serious health condition), the City can count the leave toward the
employee's 12-week leave entitlement.
5.7 Jury and Witness Duty Leave
A. Jury Duty
All benefits eligible employees selected for jury duty shall be
entitled to leave with pay for the period of absence required. Such
leave shall not be charged to annual or sick leave earnings.
Eligibility commences on the first day of active employment.
If an employee is called for jury duty and serves as a juror on a
regular working day or days, he/she will receive pay for the time
lost from work by reason of such service.
B. Official Court Attendance
All employees subpoenaed or ordered to attend court to appear as
a witness or to testify in some official capacity on behalf of the City
shall be entitled to leave with pay for such period as his/her court
attendance may require. Any fees paid for such service may be
retained by the employee.
C. Private Litigation
Absence of an employee to appear in private litigation in which
he/she is a principal party shall be charged to annual leave,
personal days or compensatory leave, or if no leave is available, to
leave without pay.
Procedure:
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1 . When called for jury duty, the employee must show the
summons to the supervisor prior to the date of service so
that authorization and plans for the absence can be made.
Failure to advise the supervisor in advance may be cause for
the employee not to receive jury duty pay. In addition, the
employee must complete the application for leave
authorization form.
2. When released from jury duty for any day, the employee will
be expected to return to work for that day. If released from
jury duty two hours or more before the end of a regularly
scheduled work day, an employee is required to return to
work.
3. Upon return to work (after having been released by the
court), the employee must submit to the supervisor a
statement from the Clerk of the Court indicating the dates
and amount paid for serving as a juror.
4. The supervisor will turn the statement over to the department
director in order that the Finance Department (payroll) may
be notified to pay the employee for jury duty.
5.8 Leave of Absence
A. Leave of Absence for Medical Reasons
Employees ineligible for FMLA or who have exhausted FMLA leave
may request a leave of absence for an employee's own medical
condition due to illness or injury. Up to fifteen (15) calendar days
may be approved by the department director. Leave in excess of
fifteen (15) calendar days shall be subject to the approval of the
City Manager and in collaboration with Human Resources.
A leave of absence shall run concurrent with all forms of leave
including FMLA and shall not exceed a total of one hundred eighty
(180) calendar days.
Annual, sick, personal days and compensatory leave may be used
during a leave of absence. All leave must be exhausted prior to
going into an unpaid status.
The application for a leave of absence shall be in writing and shall
include a physician's certification of the condition and the period of
time the employee will be incapacitated. Dates set forth by the
physician shall be strictly adhered to, however may be amended by
the physician. The City may at any time require additional
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documentation from the physician issuing the certification or may
secure additional medical opinions from other physicians. The
amount of leave authorized shall not exceed the end of the period
for which leave was requested or certified by a physician.
An employee who requests an extension of their leave of absence
must submit his/her request for an extension in writing that includes
the reason for the requested extension, the anticipated date of
return, and updated medical certification.
Employees who do not return to work upon the expiration of their
leave of absence will be treated as having voluntarily terminated
their employment.
B. Leave of Absence for Personal Reasons
A leave of absence up to fifteen (15) calendar days may be
approved by the department director. A leave of absence from
fifteen (15) to ninety (90) calendar days may be approved by the
department director with the approval of the City Manager and in
collaboration with Human Resources. A leave of absence will only
be approved if that period of absence does not require replacement
of the employee's services.
Leave without pay for more than thirty (30) calendar days will be
deducted from length of the employee's service record.
Annual, personal days, compensatory, or sick leave (if applicable)
may be used during a leave of absence for personal reasons. All
leave must be exhausted prior to going into an unpaid status.
5.9 Compensatory Leave
A. Compensatory leave is authorized overtime credited to a Fair Labor
Standards Act non-exempt employee for which reimbursement is
made by allowing the equivalent of time off with pay. Employees
may receive compensatory leave for any work performed in excess
of the employee's standard work period, in accordance with the
overtime pay schedule included in this policy.
B. Compensatory leave shall be credited to the employee as quickly
as possible and should not be permitted to accumulate in excess of
80 hours.
C. Compensatory leave may be taken in quarter-hour increments as
long as it does not disrupt the operations of the employee's
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department.
D. Compensatory leave may be taken in conjunction with vacation
leave, with the approval of the department director (or designee),
but should not be allowed to accumulate for this purpose. When so
taken, it is preferred that the aggregate not exceed the period of
normal vacation.
E. Upon termination of employment for any reason, the employee
shall be paid the remaining balance of compensatory leave
available to the employee.
F. Non-union Firefighters and Police Officers shall receive the same
maximum number of hours of compensatory leave hours as union
members, as outlined in the respective Collective Bargaining
Agreements, and relative to their effective dates.
G. If an employee with approved leave works additional hours during
the workweek, it shall be the decision of the employee whether to
reduce the amount of leave requested.
H. Compensatory leave may be used during absences involving
sickness, injury or death, only after those leave benefits are
exhausted. All leave must be exhausted prior to going into an
unpaid status.
5.10 Injury Leave
An employee who is required to be absent from work at the direction of a
workers' compensation authorized physician due to a work related injury or
illness, shall be compensated in accordance with the following:
A. A probationary employee, who receives a job related injury, shall
not be entitled to injury leave.
B. The maximum period that a benefits eligible employee shall be
paid injury leave at full pay shall be forty (40) hours (or shall be
prorated if the employee works less than a forty (40) hour
workweek) per injury.
C. Workers' compensation payments issued during the period of Injury
Leave shall be signed over to the City.
D. Upon the payment of the maximum injury leave available,
employees shall be required to use accumulated sick or annual
leave to make up the difference between the workers'
compensation payments and the employee's regular wages.
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E. Employees are required to use injury leave concurrently with any
available Family and Medical Leave. Leave time taken will be
applied towards the employee's Family and Medical Leave
entitlement.
F. Non-union Firefighters and Police Officers shall receive the same
maximum number of hours of paid injury leave as union members,
as outlined in the respective Collective Bargaining Agreements, and
relative to their effective dates.
5.11 Administrative Leave
When it is in the best interest of the City, the City Manager may place an
employee on administrative leave for a period of time not to exceed thirty
(30) calendar days. The employee shall not be allowed to be at his/her
worksite during administrative leave, unless there is specific authority from
the department director or City Manager. The employee may be maintained
in full-pay status with no loss of benefits during this period.
5.12 Leave Donations
Employees may donate unused leave hours to other benefits eligible
employees in accordance with the following criteria:
A. Employees may donate vacation, sick or personal leave due to a
personal/family medical condition, illness or injury or due to death of
another employee.
B. For the purpose of leave donation, family is defined as spouse,
children, step-children, parents, siblings or grandparents.
C. Employees donating/receiving leave must have been employed with
the City for at least 12 months.
D. Employees wishing to receive donated leave due to a personal/family
medical condition, illness or injury must submit a request in writing to
Human Resources for the leave donation. Requests for leave
donation on behalf of a beneficiary must be submitted to Human
Resources by the deceased employee's department director. In
accordance with Section 222.15, Florida Statutes, a beneficiary is an
employee's spouse, child or children (provided the child/children are
over 18 years of age), father or mother, or any other person
specifically designated by the employee in the employee's personnel
file as a beneficiary to whom wage payments may be made.
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E. Employees receiving donated leave due to a personal/family medical
condition, illness or injury must furnish a physician's certification of
the existence of the illness or injury.
F. Employees receiving donated leave due to a personal/family medical
condition, illness or injury must have exhausted all of his/her available
sick leave, vacation leave, compensatory leave and personal days.
G. Employees receiving donated leave due to a personal/family medical
condition, illness or injury must have been absent at least thirty (30)
consecutive calendar days due to the specific situation in either paid
or unpaid leave status.
H. Employees may donate leave in one (1) hour increments up to a
maximum of forty (40) hours per receiving employee per year.
Employees may not donate hours that would result in the donating
employee having less than eighty (80) hours of available sick leave
after the donation.
Donated sick leave will be treated as used leave in determining the
uncredited sick leave distribution.
J. Unused donation hours will be returned to the donating employees in
proportion to the donations.
K. The maximum amount of hours an employee may receive from other
employees shall be 480 hours per qualifying event.
L. Payment of donated leave to the receiving employee may be made
retroactively to the date the employee exhausted their available leave
balances.
M. In the event of donated leave due to a death, the donated leave shall
be paid in accordance with the applicable provisions in the
Employment Policies Manual.
5.13 Domestic Violence Leave
In conjunction with Florida law, the City grants up to three (3) working days
of leave from work in any 12-month period for employees who have worked
for at least three (3) consecutive months and become victims of domestic
violence or sexual violence. If applicable, employees may use accrued
vacation, sick, or personal time to cover this time off.
Appropriate or advance notice must be given to the department director or
Human Resources except in cases of imminent danger to the health or
safety of the employee or a family member. A police report or other
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documentation must be filed with Human Resources and will be kept
confidential. Employee questions relating to use of this leave should be
directed to Human Resources. This leave may be used to cover such
activities as:
A. Seeking an injunction for protection against domestic violence
B. Obtaining medical care or mental health counseling to address
injuries resulting from domestic violence
C. Obtaining services from victims' services organizations such as a
domestic violence shelter or rape crisis center
D. Making the employee's home secure from the perpetrator of domestic
violence or finding a new home so as to escape the perpetrator
E. Seeking legal assistance or attending court for related proceedings
5.14 Bereavement Leave
Employees upon request and approval by their department director may be
granted up to twenty-four (24) hours of bereavement leave in the event of
the death of a family member. The employee shall submit proof of death
and relationship before compensation is approved. Wages will be paid only
for the actual scheduled hours on the day(s) of absence.
Family members are defined as the employee's children, parents, parents-
in-law, brothers, sisters, grandparents, grandchildren, great grandparents,
great grandchildren, aunts, uncles, and current spouse, step-children,
step-parents, step parents-in-law, step-brother, step-sister, step-
grandparents, step-grandchildren, sisters-in-law, brothers-in-law, sons-in-
law, and daughters-in-law.
If additional time off is necessary, annual leave, personal days or
compensatory leave may be used with the approval of the department
director.
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Chapter 6
Personnel
Management
Chapter 6
Personnel Management
6.1 Attendance Records
An attendance record shall be maintained for each employee by the respective
department. This record shall reflect all absences and shall be made available to
the employee for inspection upon request. Copies of all leave request forms must
be forwarded by department directors to the Finance Department. An
official/original leave request record file will be maintained in the Finance
Department and a copy in each respective department.
Time sheets shall contain signed department director approval upon submittal to
the Finance Department. All time worked shall be recorded on the employee's
timesheet/record.
6.2 Travel and Subsistence Allowance
All persons traveling on official City business are expected to follow the City's travel
policy and procedure, and exercise good judgment in incurring expenses. All travel
is to be responsible, necessary and reasonable.
Pursuant to Section 112.061 (3) (a), Florida Statutes, the City Council hereby
delegates to the City Manager the authority to approve travel for all authorized
persons traveling on behalf of the City. The City Manager shall establish a
procedure for the reimbursement of travel expenses and the closing out of all travel
once complete.
6.3 Hours of Work
The established work schedule for all full-time hourly employees is forty (40) hours
per week with the exception of police officers and firefighters who work assigned
shifts. However, the department director, with the approval of the City Manager,
may establish a different work schedule which would better meet the needs of the
department and/or provide proper service to the community.
6.4 Probation
The probationary period shall be utilized for closely observing the employee's work,
for securing the most effective adjustment of a new employee to his/her position,
and for rejecting any employees whose performance does not meet the required
work standards.
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The probationary period for general employees is six (6) months, whereas the
probationary period for police officers and firefighters is twelve (12) months.
During the probationary period, in such a manner as the City Manager may require,
the department director shall report to the City Manager (or designee — Human
Resources Director) his/her observation of the employee's work and his/her
judgments to the employee's willingness and ability to perform his/her duties
satisfactorily and as to his/her habits and dependability.
At any time during the probationary period, the department director, after advising
the City Manager, may remove an employee if in his/her opinion the employee is
unable to or unwilling to perform the duties of the position satisfactorily or that
his/her habits and dependability do not merit his/her continued employment with the
City.
Prior to the expiration of an employee's probationary period, the employee's
department director shall notify the City Manager by submitting an employee action
form, whether the service of the employee has been satisfactory and whether
he/she desires to extend the probationary period for up to ninety (90) days or
continue the employee in his/her position. Upon satisfactory completion of the
probationary period, the employee will become a regular employee of the City.
The normal beginning pay rate for a probationary employee will be the initial pay
rate within the pay range established for his/her job classification. The City
Manager may make exceptions upon the recommendation of the department
director.
6.5 Performance Evaluations
The purpose of the performance evaluation process is to provide a formal and
consistent method to document job performance standards, facilitate
communication between supervisors and employees, promote and maintain job
efficiency, determine training needs, and serve as basis for merit increases.
Performance evaluations are to be prepared and administered for all full-time, part-
time and management employees. Seasonal employees are evaluated upon the
completion of the season or upon notice of separation if three (3) months of
employment was completed. Employees in seasonal positions are not eligible for a
merit increase.
A. Types of Performance Evaluations
1. Probationary:
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New employees are on probation as outlined in section 6.4
Probation. At a minimum, performance evaluations, indicating
their progress in their job will be completed as follows:
General Employees —
• Upon completion of the third (3rd) month of employment
• Upon completion of the sixth (6th) month of employment
• Upon completion of probation, if probation was
extended
Police Officers and Firefighters —
• Upon completion of the sixth (6th) month of employment
• Upon completion of the ninth (91h) month of
employment
• Upon completion of the twelfth (12th) month of
employment
Each probationary evaluation will be signed by the employee
indicating that he/she has seen the evaluation, not that he/she
agrees or disagrees with its contents.
2. Annual:
Annual performance evaluations shall be based on the
employee's employment anniversary date, with the exception of
employee demotions and past incidences in which the policy in
place at the time called for the evaluation date to be adjusted as
a result of a promotion, transfer or reclassification.
B. Coaching Plan and Performance Improvement Plan
1. Coaching Plan:
An employee who receives a rating of less than "Meets Expectation"
in any one category, however receives an overall performance
evaluation rating of "Meets Expectation" or higher, shall be placed on
a Coaching Plan. The duration of the Coaching Plan shall be a
minimum of three (3) months, and may be extended an additional
three (3) months if deemed necessary/appropriate.
At any time when an employee's performance has significantly and
negatively changed in one area from that of the previous reporting
period, the department director may require that the employee be
placed on a Coaching Plan.
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2. Performance Improvement Plan:
An employee who receives an annual performance evaluation with an
overall rating of less than "Meets Expectations" shall be placed on a
Performance Improvement Plan. The duration of the Performance
Improvement Plan shall be six (6) months, and may be extended an
additional three (3) months if deemed necessary/appropriate.
At any time when an employee's performance has changed radically
from that of the previous reporting period, the department director
may require that the employee be placed on a Performance
Improvement Plan.
3. Failure to successfully complete a Coaching or Performance
Improvement Plan shall result in appropriate disciplinary action.
C. Preparation and Administration of Performance Evaluations
Performance evaluations will normally be completed by an employee's
immediate supervisor/rater. Employees being evaluated due to an
internal movement (e.g., promotion, demotion, transfer) shall be
evaluated by the immediate supervisor at the end of the assessment
period.
Employees shall be evaluated using the established and applicable
performance evaluation form. Evaluation forms may be updated
periodically.
Supervisors and department directors are responsible for completing
the forms on a timely basis. Signatures of the employee's supervisory
chain of command up to the department director shall be obtained on
the original form, prior to presenting to performance evaluation to the
employee.
The rater shall discuss the performance evaluation with the employee
being evaluated. Performance evaluations must be signed by the
employee. Employee signature is an acknowledgement of the
presentation and discussion of the performance evaluation and does not
signify agreement or disagreement with the evaluation on the part of the
employee. The employee shall be furnished with an official copy of the
performance evaluation form, including all signatures.
The employee may record any comments he/she may have, including
statements of disagreement with the evaluation in the comments section
of the evaluation or on a separate document if desired. Such statements
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will become a permanent part of the evaluation and shall be submitted
within five (5) calendar days of the performance evaluation being issued
to the employee. Late submittals will not be considered.
An employee may appeal a performance evaluation to their department
director by submitting a written memo outlining the areas of
disagreement within five (5) calendar days of the performance evaluation
being issued to the employee. Late appeals will not be considered. The
decision of the department director will be final. No further appeals will be
considered. Provisions of the City's grievance policy do not apply to
performance evaluations.
Employee comments/statements and all documentation concerning the
employees appeal will be retained with the original evaluation in the
employee's personnel file.
The department is responsible for returning completed performance
evaluations, and additional documents if applicable, to Human
Resources on a timely basis.
6.6 Promotions
It is the policy of the City to employ and promote the most qualified individual
available for any given position. Promotion from within the City is a desirable
practice in that positions can be filled with individuals who are knowledgeable
about the operations of the City and the orientation period is significantly
shortened.
Vacancies in positions above the lowest rank in any category within the City
personnel system shall be filled by the promotion of employees in City service
when possible and practical.
When a vacancy is to be filled by promotion the following factors will be
considered:
A. Qualifications for the position (i.e., knowledge, skills, and abilities)
B. Service record with the City
C. Physical fitness (if appropriate to the position)
Drug Testing: The City must perform a Previous Drug and Alcohol Testing
records search for any employee who is to be promoted to a Department of
Transportation (DOT) Safety Sensitive Function position from a non-DOT
position and has been with the City for less than two (2) years. If the
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employee's Previous Drug and Alcohol Testing records search reveals a
positive drug/alcohol test result from a previous DOT regulated employer
during the last two (2) years, the employee will not be allowed to be promoted
to the DOT Safety Sensitive position.
Compensation: Upon promotion, the employee's pay rate shall be adjusted to
either the minimum of the new pay grade or five (5%) percent higher,
whichever is greater.
Performance Evaluations: Promoted employees shall continue to receive
their annual performance evaluations based on the date that was in effect
immediately prior to the promotion. In addition, promoted employees shall
receive performance evaluations based on the same intervals as a new
employee in the same job classification. Promoted employees are eligible to
receive merit pay increases based on the overall rating of only their annual
performance evaluation. In the event that an employee is promoted prior to
their six (6) month employment performance evaluation, they will still receive
that evaluation.
Unsatisfactory Performance: If for any reason an employee cannot or does not
perform satisfactorily in the new position, he/she may be removed and either
reassigned or terminated. If an employee who has been assigned to a different
position has a previous record of good performance but is unable to perform
the new position satisfactorily, the City will attempt to either return him/her to
their previous job, or to reassign him/her to a position for which they are better
qualified. The employee's rate of pay will be adjusted to that rate of pay prior
to the promotion. If no appropriate position is available, however, the
employee may be laid off or terminated.
6.7 Demotions
Demotion occurs when an employee is placed in a position with a lower pay
grade. The employee must possess the necessary qualifications to perform
the required duties of the position which he/she is demoted to. Demotions
must be approved by the department director and City Manager. Demotions
may occur in the following situations:
A. When a position has been abolished or reclassified to a lower pay grade
and the employee cannot be transferred to a position with a similar pay
grade.
B. When an employee requests being transferred to a position with a lower
pay grade.
C. When an employee has been determined to be physically unqualified to
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perform the duties of the position, based on a medical examination by a
physician selected by the City.
D. When an employee's supervisor has determined that he/she is not
performing the duties of the job adequately. Regular employees shall be
provided notice of the department director's intention to demote and
the reasons for such action. The employee will be given the
opportunity to respond to the department director's concerns within five
(5) calendar days of receipt of the Intent to Demote letter in a meeting
to be held with the employee and the department director. This
meeting shall be scheduled by the employee's department. Upon
consideration of the employee's responses, the department director
shall make his/her decision regarding the demotion.
Drug Testing: The City will perform a Previous Drug and Alcohol Testing
records search for any employee who is to be demoted to a Department of
Transportation (DOT) Safety Sensitive Function position from a non-DOT
position and has been with the City for less than two (2) years. If the
employee's Previous Drug and Alcohol Testing records search reveals a
positive drug/alcohol test result from a previous DOT regulated employer during
the last two (2) years, the employee will not be eligible to be demoted to the
DOT Safety Sensitive position.
Compensation: When an employee is demoted, his/her pay rate will be
reduced five percent (5%) for each decrease in pay grade, up to a maximum
reduction of fifteen percent (15%). If the employee was recently (within the
previous 12 months) promoted, his/her pay rate shall be adjusted to the pay
rate in effect immediately prior to the promotion. In no case shall an employee's
salary fall below the minimum or above the maximum of the new pay grade.
Performance Evaluations: A demoted employee's annual evaluation
performance date will be changed to the effective date of the demotion. The
employee will receive performance evaluations at the same intervals as a new
employee.
Unsatisfactory Performance: If for any reason, a demoted employee cannot or
does not perform satisfactorily, he/she may be removed and either reassigned
or terminated, if an appropriate position is not available.
6.8 Transfers
It is the City's policy to place employees in a job which their interests and those
of the City are best served. Every reasonable effort to place employees in a
job of their preference is made if there is an opening and they have the
necessary qualifications. Whenever possible, an employee's wishes shall be
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respected.
Druq Testing: The City must perform a Previous Drug and Alcohol Testing
records search for any employee who is to be transferred to a Department of
Transportation (DOT) Safety Sensitive Function position form a non-DOT
position and has been with the City for less than two (2) years. If the
employee's Previous Drug and Alcohol Testing records search reveals a
positive drug/alcohol test result from a previous DOT regulated employer during
the last two (2) years, the employee will not be eligible to be transferred to the
DOT Safety Sensitive position.
Compensation: A transfer is when an employee moves from one position to
another in the same pay grade. The employee's pay rate will not change.
Performance Evaluations: Transferred employees shall continue to receive
their annual performance evaluations based on the date that was in effect
immediately prior to the transfer. In addition, transferred employees shall
receive performance evaluations based on the same intervals as a new
employee in the same job classification. Transferred employees are eligible
to receive merit pay increases based on the overall rating of only their annual
performance evaluation. In the event that an employee is transferred prior to
their six (6) month employment performance evaluation, they will still receive
that evaluation.
Unsatisfactory Performance: If for any reason an employee cannot or does not
perform satisfactorily in the new position, he/she may be removed and either
reassigned or terminated. If an employee who has been assigned to a different
position has a previous record of good performance but is unable to perform
the new position satisfactorily, the City will attempt to return him/her to a
position for which they are better qualified. If no appropriate position is
available, the employee may be laid off or terminated.
6.9 Position Reclassifications
A position reclassification is a change in an employee's job description which
results in a significant increase or decrease in assigned duties and
responsibilities of the position. Position reclassifications shall be approved by
the City Manager.
Drug Testing: The City must perform a Previous Drug and Alcohol Testing
records search for any employee who is to be transferred to a Department of
Transportation (DOT) Safety Sensitive Function position from a non-DOT
position and has been with the City for less than two (2) years. If the
employee's Previous Drug and Alcohol Testing records search reveals a
positive drug/alcohol test result from a previous DOT regulated employer
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during the last two (2) years, the employee will not be allowed to be promoted
to the DOT Safety Sensitive position.
Compensation: If the reclassification is to a higher pay grade, the employee's
rate of pay shall be adjusted to the minimum of the new pay grade or five (5%)
percent higher, whichever is greater. If the reclassification is to a lower pay
grade, the employee's rate of pay shall be adjusted to the average rate of pay
of other employee's in the same or similar positions with similar years of
experience.
Performance Evaluations: Employees who are in positions that have been
reclassified shall continue to receive their annual performance evaluations
based on the date that was in effect immediately prior to the reclassification.
In addition, reclassified employees shall receive performance evaluations
based on the same intervals as a new employee in the same job
classification. Reclassified employees are eligible to receive merit pay
increases based on the overall rating of only their annual performance
evaluation. In the event that an employee is reclassified prior to their six (6)
month employment performance evaluation, they will still receive that
evaluation.
Unsatisfactory Performance: If for any reason an employee cannot or does not
perform satisfactorily in the new position, he/she may be removed and either
reassigned or terminated. If an employee who has been assigned to a different
position has a previous record of good performance but is unable to perform
the new position satisfactorily, the City will attempt to reassign him/her to a
position for which they are better qualified.
If no appropriate position is available, the employee may be laid off or
terminated.
6.10 Termination of Employment
Employment with the City may end due to the following reasons:
A. Voluntary Resignation
Employees are expected to provide at least two (2) weeks written
notice of resignation to their department director or the City
Manager. Employees who do not give the required notice will not
be eligible for re-hire except as approved by the City Manager.
Once a resignation is submitted, the City has no obligation to allow
rescission or change of effective date of the resignation, but may
consider a request to rescind or change the resignation depending
on the circumstances.
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Employees reemployed with the City shall receive service credit
upon reemployment for the period of prior service for purposes of
years of service recognition as long as the employee is rehired
within twelve (12) months of separation, but not for purposes of
accruing future annual and sick leave. The previous annual and
sick leave balances will not be reinstated.
B. Termination for Misconduct
"Misconduct" is considered to be a violation of a City policy, rule, or
working instruction. It also includes acts of gross negligence or
willful acts that are not in the best interest of the City. Typically, the
City will attempt to provide a warning or reprimand in an attempt to
avoid further misconduct, but does not guarantee a specific
sequence of warnings and/or reprimands. Employees may be
terminated for misconduct upon a first serious offense.
Regular employees shall be provided notice of the department
director's intention to terminate and reasons for such action. The
employee will be immediately placed on Administrative Leave and
will be given the opportunity to respond to the department director's
concerns within five (5) calendar days of receipt of the Intent to
Terminate letter in a meeting to be held with the employee and the
department director. This meeting shall be scheduled by the
employee's department. Upon consideration of the employee's
responses, the department director shall make his/her decision
regarding the termination issue.
Probationary, seasonal, part-time, and limited duration employees
and volunteers may be terminated without notice or cause by the
department director.
C. Termination for Poor Performance
An employee who does not meet performance standards in his/her
job or who is no longer able to perform the job for any reason
including, for example, loss of license or failure to maintain minimal
job qualifications, may be terminated from employment. Prior to
termination for poor performance, the City will typically attempt to
assist the employee in improvement of performance or attempt to
place the employee in a position in which he/she can perform, but
does not guarantee that the employee will be retained. The
termination process shall follow the process previously outlined in
item B of this section.
D. Reduction In Force
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The City may, because of lack of funds, lack of work, or other
causes, be required to reduce the workforce in a department or
division. If a reduction in force is required, the City will select those
employees affected in an equitable and non-discriminatory manner
in accordance with the criteria detailed below.
Within the affected work group, seasonal, part-time, and limited
duration employees, followed by probationary employees will be
terminated without recall rights prior to the layoff of regular
employees. Management employees are at will and do not follow
the reduction in force process.
Where two or more employees are of similar ability, length of
service with the City and in the affected position, a lay off will be
determined based on employee performance. The City may also
retain certain employees without regard to length of service
because of the employee's special knowledge, skill, training or
experience.
If a regular employee is scheduled to be laid off, the employee may
be offered another position for which he/she qualifies if a suitable
vacancy exists, however, "bumping" is not allowed. The City
Manager has the sole authority to approve or reject the request,
and must further approve and confirm the names of all regular
employees scheduled for layoff prior to the layoffs occurring.
Employees who are laid off shall have recall rights to their vacated
positions for up to six (6) months, and will be recalled in the reverse
order of layoff. An employee who is not recalled within six months
of layoff will be considered terminated and will be eligible for re-hire
should suitable position vacancies occur. An employee who
declines recall will be considered to have voluntarily resigned as of
the date he/she declined. Employees recalled will not be required to
serve a new probationary period unless the position to which they
are recalled is, in management's sole discretion, significantly
different than the one they occupied at the time of lay-off.
Affected employees who are reemployed with the City within twelve
(12) months shall receive service credit upon reemployment for the
period of prior service for purposes of years of service recognition,
and shall receive credit for years of service (longevity) for use in
accruing future annual and sick leave. The previous annual and
sick leave balances will not be reinstated.
E. Death
Separation shall be effective the date of an employee's death. All
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compensation due to the employee as of the effective date of
separation shall be paid to the beneficiary, surviving spouse, or to
the estate of the employee as determined by law or by executed
forms in the employee's personnel file.
F. Disability
The City of Clermont is committed to providing equal employment
opportunities for individuals with disabilities in compliance with the
Americans with Disabilities Act of 1990 (ADA) and all other
applicable federal, state and local laws. All employment decisions
are based on the employee's ability to perform essential job functions
in accordance with the defined criteria, not the disability of the
individual.
Upon request, employment procedures may be modified as
appropriate to reasonably accommodate qualified individuals with
disabilities in accordance with the ADA. Reasonable accommodation
may include, but is not limited to, modified work schedules, job
restructuring, facility and equipment modification, job reassignment,
etc. If the City is unable to provide a reasonable accommodation, or
if the employee refuses to accept an offered accommodation, the
employee may be separated from employment.
G. Retirement
Retirement is the voluntary separation of employment from the City
upon the completion of a specific term of service and/or attainment of
a certain age. Unless noted otherwise in the pension plan
documents covering the employee, the normal retirement date for
employees shall be the attainment of age sixty-two (62) and the
completion of ten (10) years of service.
H. Eligibility for Re-Employment
An employee whose employment ends for any reason other than
misconduct may re-apply for employment and be considered for
vacancies for which he/she qualifies. Employees who are
terminated, resign in lieu of termination for misconduct, or who fail
to provide proper notice will not be considered for future
employment with the City. While the past service for the City may
be considered favorable experience, prior service does not grant
any right of re-employment or preferential consideration.
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6.11 Annual Physical Examinations
All police officers/firefighters are required to have an annual physical
examination by December 31 of each year. The exam will include specific
tests as approved by the Fire Chief and Police Chief respectively. The
physical must be administered in accordance with the guidelines set forth in
the City's Medical Examination Procedure.
All police officers/firefighters will be permitted leave with pay up to two (2)
hours, upon approval of their department director to complete all components
of the annual physical examination (when applicable). The specific results of
the annual physical examination will not be made available to City
management. However, in the case of firefighters, the physical examination
provider must certify to the City that the firefighter is medically qualified to
perform all functions of a firefighter, in accordance with the guidelines set
forth by the National Fire Protection Association (NFPA) 1582. In the case of
police officers, the physical examination provider must inform the City of
medical conditions that could affect the individual performing as a police
officer.
Refusal to complete all components of an annual physical examination shall
be grounds for termination in accordance with the disciplinary action policy
contained herein.
6.12 Employee Disciplinary Procedures
It shall be the duty of all employees to comply with and to assist in carrying
into effect the City's rules and regulations, including employment and
departmental policies and procedures. Employees should be made aware of
the seriousness of violating regulations or actions that will necessitate
disciplinary action.
A. Responsibilities
1 . It is the duty of every employee to attempt to correct any faults in
performance when called to the employee's attention and to make
every effort to avoid conflict with the rules and regulations.
2. Supervisors are responsible for counseling employees when
necessary in order to correct deficiencies and to avoid the need to
exercise disciplinary action. Counseling is not considered discipline
and is not subject to the grievance process. Counseling records are
considered public records and shall be maintained in the employee's
personnel file.
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I
3. Discipline is an action initiated and administered when positive
corrective measures designed to train or affect behavior changes are
unsuccessful in attaining satisfactory employee performance; or
action initiated and administered by supervisors when an employee
commits a pronounced deviation regarding a rule, order, directive or
procedure. Disciplinary actions become a permanent written record
and are placed in the employee personnel file and may be
considered during times when an increase in pay or advancement is
to be determined. Discipline shall be, whenever needed, on an
increasingly progressive nature in the form of reprimand, suspension,
demotion, transfer or termination. Discipline shall correspond to the
offense.
Probationary employees, seasonal, part-time, limited duration,
volunteers and management employees do not have rights under the
City's Grievances policy and procedures.
B. Grounds for Action and Types of Disciplinary Action
It shall be the duty of each employee to maintain high standards of
conduct, cooperation, efficiency and economy in their work for the
City. Whenever work habits, attitude, production or the personal
conduct of any employee falls below a desirable standard, supervisors
should point out the deficiencies at the time they are observed.
Corrections and suggestions should be presented in a constructive
and helpful manner in an effort to elicit the cooperation and goodwill of
the employee. Supervisors shall assist employees in gaining capability
through on-the-job training as required.
While it would be impossible to list all employee actions for which
disciplinary action is warranted, the following list includes basic
infractions and suggested disciplinary actions to be taken. In no way
is the list meant to be all-inclusive, and appropriate disciplinary action
may be taken for other unlisted employee actions. The disciplinary
actions noted in this section are intended to be used as a guide;
therefore, more severe or less severe disciplinary action may be taken
based on the circumstances.
The severity of the violation determines whether Progressive or Non-
Progressive Corrective Action is appropriate. Violations under the
category of Misconduct usually result in Progressive Corrective Action,
whereas those under the category of Serious Misconduct may result in
Non-Progressive Corrective Action (suspension without pay,
involuntary demotion, or termination of employment). Provided,
however, depending on the severity of the violation, a violation
classified as misconduct and/or serious misconduct may be grounds
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for immediate disciplinary action up to and including termination.
The levels of corrective action include the following, with disciplinary
action starting at the level of a reprimand:
Reprimand
Suspension (without pay)
Demotion
Termination
1. Misconduct
The "misconduct" or "conduct" for which an employee may be
subject to progressive corrective action is not limited to willful
misconduct. Progressive Corrective Action may be imposed for any
conduct which falls short of what an employer may reasonably
expect and require of an employee.
Examples of misconduct for progressive corrective action which
may begin at the counseling level includes, but is not limited to, the
following:
a. Tardiness.
b. Discourtesy.
c. Substandard performance.
d. Creating or contributing to poor housekeeping.
e. Inadvertent or isolated violation of departmental rules or
standards of conduct (other than "serious" misconduct
which results from a lack of good judgment).
f. Violation of the City's Dress and Appearance Policy or
department related specific policy or procedure.
Examples of misconduct for progressive corrective action which
may begin at the reprimand level includes, but not limited to, the
following:
g. Physical or verbal mistreatment of the public, internal or
external customers
h. Fighting on City premises or on City time
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i. Failure to immediately report a City vehicle crash or other
incident, or damage (including work-related injuries or
illnesses) to a supervisor. (Immediately is defined as the
same work shift or as feasibly possible or in the case of
injury/illness as soon as one becomes aware).
j. Trespassing.
k. Intimidation or coercion.
I. Engaging in personal work on City time.
m. Engaging in horseplay on City premises or time.
n. Improper job performance, lack of cooperation or loafing.
Productivity is not up to required standards.
o. Habitual tardiness or absenteeism.
p. Violation of City's Smoking and Tobacco Use Policy.
q. Abuse or misuse of City equipment or property, or
intentional waste of material.
r. Violation of telephone or communication device usage
policy.
s. Violation of Social Media Policy.
t. Taking more than specified time for meals or break
period.
u. Unauthorized sleeping on duty.
v. Making or publishing false, vicious or malicious
statements concerning the City or any employee.
w. Violation of the City's Solicitation Policy.
x. Violation of the City's Safety Policy.
y. Unauthorized posting, defacing or removal of notices on
bulletin boards City property.
z. Being absent for one (1) schedule work day or shift
without notification or approved leave, failing to notify of
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intended absence in a timely fashion, or failing to report
after a leave of absence has expired.
aa. Failure to report for an overtime assignment without
satisfactory reason.
bb. Violation of the City's Harassment Policy.
cc. Gambling on City time or at City work sites.
2. Serious Misconduct
Serious misconduct may result in non-progressive corrective action,
including suspension without pay, involuntary demotion or
termination. Examples of serious misconduct violations which may
warrant non-progressive corrective action up to and including
termination, includes but not limited to the following:
a. Theft or dishonesty.
b. Leaving the workplace without the specific permission
of the supervisor, department director or City Manager.
c. Failing to acquire or maintain competence or legal
capacity to perform the duties required of the position,
including maintaining a valid driver's license,
registration or certification, when such license,
registration or certification is required in the
classification or the position description.
d. Failure to complete the annual physical exam if
required.
e. Failure to report or call in to work for three (3)
consecutive scheduled work days/shifts for eight (8), ten
(10) and twelve (12) hour employees or two (2)
consecutive scheduled work shifts for twenty-four (24)
hour employees is considered job abandonment and
grounds for termination.
f. Exhibiting inefficiency, incompetence, irresponsibility,
substandard job performance, or continued rendering of
such after instruction and/or counseling.
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g. Demonstrating gross neglect of duty or a specific
serious failure to perform assigned duties, including
those that result from carelessness or gross neglect.
h. Committing an act of insubordination, including the
failure to obey any proper direction or an order given by
a superior.
i. Engaging in offensive conduct including rudeness,
profanity or other conduct which disrupts the workplace.
j. Committing harassment, including but not limited to
sexual harassment, discriminatory in nature, or other
prohibited harassment, towards another employee,
customer, vendor, citizen, or any other person with
whom the employee comes into contact as a result of
employment.
k. Engaging in or threatening to engage in a physical fight
or engaging in a verbally abusive and/or intimidating
confrontation with a supervisor, co-worker, or member
of the public.
I. Soliciting or taking for personal use a fee, gift, or other
valuable object in the course of work, or in connection
with it, when such fee, gift, or other valuable object so
solicited or taken might be construed as receiving a
favor or obtaining better treatment than that extended to
other persons, either on a present or future basis.
m. Attempting to use one's City position, City property or
resource in order to affect any term or condition of
employment, or to receive any type of preferential
treatment/benefit for themselves or others which would
otherwise not be afforded.
n. Being dishonest, including but not limited to knowingly
making false statements of misrepresentation in a
matter of official City business, in the course of the
employee's work, or dealing with customers.
o. Making false claims, misrepresentations or omissions
on behalf of oneself or another (deliberate or otherwise)
to obtain employment, City provided benefits, workers'
compensation benefits, or other payments or credits.
This would include falsification of a record or making
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claims on City records including employment
applications, time sheets, doctor's notes or other
documents.
p. Misappropriating City funds, property, services or
personnel for his/her personal use, or illegally disposing
of City property.
q. Severely violating safety policies, procedures or
regulations, including but not limited to performing
unsafe acts and/or failing to enforce safety practice,
wear and/or use safety equipment, immediately report a
work-related personal injury or damage to property or
equipment, or comply with safety policies, procedures,
or regulations.
r. Being at-fault in a significant traffic crash or other
incident on the job that results in personal injury or
injury to others.
s. Being found to have drugs and/or alcohol present in
one's system or in violation of the City's Drug Free
Workplace Policy.
t. Willful destruction, being careless or engaging in other
behavior resulting in the loss or damage of City
property, including but not limited to negligently
operating a City owned or other vehicle used in the
service of the City.
u. Having unauthorized possession or use of City property
or the property of a co-worker.
v. Misusing the City purchasing or credit card.
w. Possessing unauthorized weapons or explosives on or
in City owned or leased property, or during the course
of performing one's job, including a concealed weapon
unless authorized as part of the employee's job duty.
x. Being committed or convicted of, or plead guilty or no
contest to an act which constitutes a felony or
misdemeanor having specific relevance to the duties of
the employee's classification, or any felony, first degree
misdemeanor or other serious crime including but not
limited to DUI and DWI.
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y. Failing to immediately notify direct supervisor/
management if the employee's valid Florida driver's
license, as required by their job description, is denied,
expired, suspended or revoked, or if ticketed for a
parking violation while operating a City vehicle, or a
moving violation or red light camera ticket while
operating a motor vehicle while conducting City
business.
z. If the employee is required to maintain a commercial
driver's license (CDL), failure to immediately notify
direct supervisor/management of all moving violations
and red light camera ticket, except parking, regardless
of the violation or type of vehicle driven at the time, on
or off the job; or violation of any other driving related
procedures.
aa. Following an arrest of an unlawful act should there be
credible knowledge that a City policy or standard of
conduct was violated or admission made to the law
violation, a conviction of a criminal offense, being
indicted by a Grand Jury, and/or incarcerated.
bb. Failing to immediately notify supervisor and/or
management of arrests or convictions of a criminal
offense, having been indicted by a Grand Jury, or
incarcerated and/or charged with any unlawful act.
cc. Knowingly and willfully modifying, using or accessing
data, communications systems, program or supplies
used or intended to be used in City computers,
computer systems, communications systems, or
network without the required approval, or any other
violation of a City's telephone, email/internet, or
communications device usage policies.
dd. Disrupting, disturbing, or in any way interfering with an
investigation, including but not limited to knowingly
making false allegations, statements or
misrepresentations during the course of an
investigation, spreading false information concerning an
investigation, or having inappropriately influenced (or
attempted to) witnesses, potential witnesses or
investigator(s).
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ee. Exhibiting actions or conduct, on or off the job, that
could be detrimental to the City or City's operations,
could affect performance of one's job, and/or could
have a negative impact on the City, including the City's
reputation (e.g., indecency or immoral conduct).
ff. Violating any City (this or other) or departmental policy,
procedure, rule, standard of conduct. (Such policies
shall be cited.)
gg. Violating any other properly substantiated cause that is
in the best interest of the City.
C. Intent of Disciplinary Action
1. It is intended that effective supervision and employee relations will avoid
most matters which necessitate disciplinary action. The purpose of
these rules and regulations, and disciplinary action for violations of such
rules and regulations is not intended to restrict the rights of anyone, but
to ensure the rights of all and to secure cooperation and order
throughout City employment.
2. The severity of disciplinary action should be related to the gravity of the
offense(s), the employee's record of disciplinary action, his/her length of
service, and City policy in similar cases. Any adverse action taken must
be for good cause, be consistent with other such actions taken by the
City and be fair and equitable.
3. The following provisions shall govern disciplinary actions affecting
employees in the City service. A department director, subject to the
appeal rights of the regular employee as stated herein, shall have the
following alternatives for disciplinary action:
Reprimand:
Unless the incident, action or behavior of the employee is such as to
initially warrant a more severe type of disciplinary action, a reprimand
shall usually be issued for first offenses. Depending upon the
circumstances or seriousness of the offense, one additional
reprimand may be given for repetition of the same type of offense.
Reprimands should state the necessary corrective action and a
warning that repeated offenses may lead to sterner measures. A
copy should be filed in the employee's personnel records.
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Suspension:
A department director may for disciplinary purposes, suspend without
pay any employee under the department director's supervision for
such length of time as is considered appropriate, but not to exceed
thirty (30) work days/shifts in any twelve (12) month period.
a. A written statement (Intent to Suspend) specifically setting forth
reasons for and the length of time of such suspension shall be
furnished to the affected employee. Notice of the charge or
charges against the employee shall be specific and include the
date, time, place, and nature of the violation or misconduct
charged in sufficient detail to provide the employee an
opportunity to prepare a response. Such notice shall be signed
by the department director.
b. An employee served with an intent to suspend notification will be
given an opportunity to respond to the department director's
notice upon receipt or within five (5) calendar days of receipt of
the intent to suspend letter in a meeting to be held with the
employee and the department director. This meeting shall be
scheduled by the employee's department. Upon completion of
the meeting, the department director will make his/her final
decision. If the employee's suspension is upheld, the employee
will begin to serve the suspension the following scheduled shift.
c. Upon proper hearing, the City Manager may require the
department director to pay the employee who has been
suspended for the number of days in excess of five (5) by which
the effective date of the suspension preceded the notice.
Otherwise, variance from this rule shall not affect the validity of
the action.
d. Notice of disciplinary action, including intent to suspend, against
an employee shall be made by delivering a copy of such notice to
the employee in person or by mailing a copy of such notice by
certified mail to the last known address of the employee as
reflected in the records of Human Resources.
e. When court action, an investigation, or a trial on any charge(s) is
pending against an employee and he/she is suspended, such
suspension without pay may be extended by the department
director until final court action is taken or disposition of the
charge(s) has been made.
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Demotion:
See section 6.7 Demotions for the processing of involuntary
demotion.
Termination:
See section 6.10 Termination of Employment, subsections B and C
for the processing of involuntary termination of employment.
6.13 Employee Grievance Procedure
It is the policy of the City that all employees shall be treated fairly and
consistently in all matters related to their employment. When a regular
employee feels that he/she has not been so treated, he/she shall have the
right to present a grievance or appeal free from interference, restraint,
coercion, discrimination, or reprisal. The employee shall be entitled to time
off from his/her regular duties for the presentation of a grievance or appeal
without loss of pay, vacation or other credits. Probationary employees,
seasonal, part-time, limited duration, volunteers, and management
employees do not have rights under the City's Grievances policy and
procedures.
A. The grievance process is to be used only to address actions affecting
a term or condition of employment (i.e., formal disciplinary action is
taken). A term or condition of employment is any adverse monetary
action resulting from involuntary demotions, suspensions and
termination, with the exception of layoffs or any changes in pay as a
result of economic or budget conditions. Additionally, the grievance
process does not apply to counseling, reprimand, coaching plan,
performance improvement plan, performance evaluation/merit
increase, transfer, leave of absences and modified duty requests.
B. Procedure
The employee may request a hearing to grieve the decision of the
department director to the City Manager within five (5) calendar days
from the date of written notification (or postmarked date for mailed
correspondence). The request must be in writing. The employee
may have the grievance hearing before the City Manager in the
presence of the department director or any other person the City
Manager may select.
1. If the employee does grieve to the City Manager, the City
Manager will:
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a. Within a reasonable time, grant a hearing to the employee
and render a decision.
b. The decision of the City Manager may confirm, reverse, or
modify the decision of the department director. The City
Manager issues his/her decision in the form of a letter issued
to the grievant.
2. The decision of the City Manager is final and shall not be
appealed to the City Council. An employee cannot grieve to the
City Council any act or decision of the department director or City
Manager.
6.14 Modified Duty Assignment
If an employee is temporarily unable to perform the essential functions of
his/her job due to a non-work related injury/illness, a written request for a
modified duty assignment may be submitted. There shall be no modified
duty status allowed unless, at the department director's sole discretion and
in collaboration with Human Resources and the City Manager, it is
determined that a necessary modified duty work opportunity exists within the
department. In the event there are no modified duty work opportunities
available in the department, the City Manager may approve modified duty
status for work in other departments of the City.
If such an opportunity is available, the department director shall inform the
employee in writing of any modified duty assignment(s) and the physical
capabilities required for their performance.
Upon the request of the department director, the employee shall present this
modified assignment information to the treating physician and obtain, at
his/her expense, a written evaluation of the employee's capacity to perform
the essential functions of the assignment. The medical evaluation must be
in sufficient detail to satisfy the department director. The department's
director reserves the right to request a second opinion from a City-selected
physician at the City's expense if any doubt exists concerning the
employee's current ability to perform the modified duties.
Any modified duty assignment shall be administered by the City, in
accordance with applicable law, including but not limited to, the Americans
with Disabilities Act (ADA). Modified duty may be ended at the will of the City
at any time, in accordance with applicable law, and shall not be subject to
the grievance policy.
An employee performing a modified duty assignment will be paid only for
76
time actually worked and at his/her regular straight time rate of pay. No
additional or overtime hours may be worked when an employee is
performing a modified duty assignment. Accumulated sick, vacation or
compensatory leave may be used to make up for a loss of pay if the
modified duty assignment is based on a schedule that is less than the hours
worked by the employee in a regular pay period.
In the event an employee suffers an on-the-job illness or injury that is
compensable under Workers' Compensation, he/she shall be given
preference for a modified duty assignment over a member suffering a non-
work related condition if there are insufficient necessary modified duty work
opportunities available. The process for obtaining and granting such an
assignment shall be the same as noted above.
6.15 Smoking and Tobacco Use
It is understood that smoking and other forms of tobacco use is a known
hazard to the health of employees. In an effort to improve the health of
employees and to decrease the costs associated with treating tobacco
related illnesses, employees are required to adhere to the City's Smoking
and Tobacco Use Policy in effect at the time unless otherwise stipulated in
this policy.
6.16 Searches
There shall be no expectation of privacy related to City property including
but not limited to City issued vehicles, phones, cell phones, desks,
lockers, computers and e-mail. City supervisory and managerial
employees have the right to enter or search City property with or without
notice.
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Human Resources Department
685 W. Montrose Street, 2nd floor
Clermont, FL 34711
(352) 241-7380