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1996-22 Adopting Amended Personnel Rules RESOLUTION NO. 96-22 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA ADOPTING THE AMENDED CITY OF PARKLAND PERSONNEL RULES AND REGULATIONS WHEREAS, the City Commission of the City of Parkland, Florida finds and determines that it is in the best interest of the citizens of the City to adopt the attached amended City of Parkland Personnel Rules and Regulations, ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AS FOLLOWS: Section 1. The City Commission approves the attached amended City of Parkland Personnel Rules and Regulations. Section 2. The attached amended City of Parkland Personnel Rules and Regulations shall supersede any other personnel rules and regulations which are hereby repealed. Section 3. That this Resolution shall be in full force and effect immediately upon its passage and adoption. , PASSED AND ADOPTED THIS 24 DAYOF JUNE , 1996. ~~ S,_~_ (2~ SUSAN ARMSTRONG, C. . CITY CLERK , . . RESOLUTION NO. 96-22 CITY OF PARKLAND PERSONNEL DEPARTMENT PERSONNEL RULES AND REGULATIONS June 24, 1996 RULE I RULE I I RULE III RULE IV RULE V TABLE OF CONTENTS Page GENERAL PROVISIONS Section 1. Purpose of these rules................ 1 Section 2. Positions covered by these rules...... 1 Section 3. Approval of rules..................... 1 DEFINITIONS Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. ,Section 10. Section 11. Section 12. Section 13. Section 14. Section 15. Section 16. Section 17. Section 18. Section 19. Section 20. Section 21. Section 22. ORGANIZATION Section 1. Section 2. Section 3. Allocate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Anniversary Date..................... Appointment. . . . . . . . . . . . . . . . . . . . . . . . . . Class. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuous Service................... Demot ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hear ing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part-Time Position... . . . . . . . . . . . . . . . . Permanent Position................... Pos i t ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Probationary Employee................ Promotion Date. . . . . . . . . . . . . . . . . . . . . . . provisional Employee................. Regular Employee..................... Resignation. . . . . . . . . . . . . . . . . . . . . . . . . . Status. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspension. . . . . . . . . . . . . . . . . . . . . . . . . . . Temporary Employee......... .......... Temporary Position................... Termination. . . . . . . . . . . . . . . . . . . . . . . . . . Trans fer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FOR PERSONNEL ADMINISTRATION City Commission........ .............. Ci ty Manager. . . . . . . . . . . . . . . . . . . . . . . . . Personnel Director..... .............. EMPLOYEE STATUS Status of Employees in the City Service. ......... 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 4 4 4 6 THE CLASSIFICATION PLAN Section 1. The Purpose............ ........... ... 7 Section 2. Composition of the Classification Plan 7 Section 3. Class Title......... ......... ..... ... 7 Section 4. Class Specifications... ... ........... 8 Section 5. Maintenance of the Classification Plan. 8 I ", RULE VI THE PAY PLAN Section 1. Section 2. Section 3. Section 4. Section 5. RULE VII APPLICATIONS Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. RULE VIII EXAMINATIONS Section 1. Section 2. Section 3. RULE IX APPOINTMENTS Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. TABLE OF CONTENTS Page Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 Composi tion. . . . . . . . . . . . . . . . . . . . . . . . . . 10 Application. . . . . . . . . . . . . . . . . . . . . . . . . . 10 Meri t Increases... . . . . . . . . . . . . . . . . . . . 10 Revision of Pay Plan.................. 10 Announcement of Recruitment.......... 11 Filing of Application................ 11 Residence. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Minimum Qualifications............... 11 Rejection of Application............. 11 Notice of Rejection of Application... 12 Postponement of Cancellation of a Recrui tment. . . . . . . . . . . . . . . . . . . . . 12 Veteran's Preference................. 12 Retention of Applications............ 12 Recruitment by Examination........... 13 Promotional Examinations............. 13 Notification of Recruitment Results.. 13 Procedure for Filling Vacancies. . . . . . 14 Employment of Relatives.............. 14 Provisional Appointment. . . . . . . . ..' . . . . 14 TemporaryAppointment................ 15 Part-Time Appointment................ 15 Job Reallocation. . . . . . . .. . . . . . . . . . . . . . 15 Emergency Appointment................ 16 Trans f er . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Demotion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Initial Probationary Period........... 16 Medical Examinations................. 17 II RULE X RULE XI RULE XII TABLE OF CONTENTS Page GENERAL PERSONNEL POLICIES & PROVISIONS Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 14. Hours of Work. . . . . . . . . . . . . . . . . . . . . . . . 18 Legal Holidays. . . . . . . . . . . . . . . . . . . . . . . 18 Personal Day. . . . . . . . . . . . . . . . . . . . . . . . . 18 Vacation Leave. . . . . . . . . . . . . . . . . . . . . . . 19 Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Disability. . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Drug Testing. . . . . . . . . . . . . . . . . . . . . . . . . 21 Worker's Compensation................ 22 Civic Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Bereavement. . . . . . . . . . . . . . . . . . . . . . . . . . 22 Leave without Pay.................... 22 Prohibitions......................... 23 Employee Performance Rating.... ...... 24 Educational Reimbursement............ 25 CONFLICT/RESOLUTION PROCEDURES S'ection 1. Section 2. Section 3. Section 4. SEPARATION AND Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Def ini tion. . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Informal Procedure................... 27 Formal Procedure. . . . . . . . . . . . . . . . . . . . . 27 DISCIPLINARY ACTION Resignation. . . . . . . . . . . . . . . . . . . . . . . . . . Layof f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Types of Disciplinary Action......... Suspension. . . . . . . . . . . . . . . . . . . . . . . . . . . Demotion for Inability to Perform Essential Functions of position..... Dismissal. . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 30 30 33 34 35 RULE XIII EQUAL OPPORTUNITY AND NONDISCRIMINATION Section 1. Equal Opportunity Policy............. 37 Section 2. Sexual Harassment.................... 37 Section 3. Whistle Blower Policy................ 37 RULE XIV AMENDMENT OF PERSONNEL RULES 38 RULE XV SAVING CLAUSE 39 III RULE I - GENERAL PROVISIONS Section 1. Purpose of these rules: These rules set forth the principles and procedures that are to be followed by the City in its personnel program to the end that the City and its employees may have assurances that personnel will be dealt with on an equitable basis, and that the citizens of Parkland may derive the benefits and advantages which can be expected to result from a competent staff of City employees. Section 2. Positions covered by these rules: These Rules shall apply to all positions and offices in the City service excepting those of elected officials, civic volunteers, persons appointed to fill vacancies in elected offices, designated contractual employees, and appointed officials, and designated management positions as specified by the City Commission and/or the City Manager. Section 3. Approval of rules: These Rules shall be in force and effect when approved by the City Commission and shall have the force and effect of law insofar as they apply to positions covered by said Rules. -1- Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. RULE II - DEFINITIONS Allocate - The assignment of a position to its proper class. Anniversary date - The date an employee is hired which will be used to determine an employee I s eligibility for a pay increase and accrual of leave. Appointment - The act of appointing a person to a position. Class - A group of positions having similar and qualifications which carry the same range. duties salary Continuous Service Employment which is uninterrupted except for authorized paid leave. Demotion An action which results in the assignment of an employee to a lower class and pay rate. Hearing A public hearing held after public notice, at which any concerned person may have an opportunity to be heard. Part-Time Position - Any position filled on a temporary or permanent basis working less than the customary or standard time. Permanent position - Any position vacant or filled which is designated as such by the adopted budget. Position - A group of duties assigned to one person or job. Probationary employee - An employee who is serving a trial period prior to being regularly appointed to a permanent position and class in the City service. -2- Section 12. Section 13. Section 14. Section 15. Section 16. Section 17. Section 18. Section 19. Section 20. Section 21. Section 22. Promotion Date - The date an employee is appointed to a higher level position which date then becomes the new date for performance evaluations. Provisional posi tion in pending the position. employee An employee filling a the City service without competition recruitment of eligibles to fill the Regular employee An employee who has been appointed to a permanent position in the City service in accordance with the provisions of these rules after completing a probationary period. Resignation employment. Voluntary separation from City Status - A condition acquired by an employee g1v1ng rights, in the manner the rules set forth, to a class. Suspension - A penalty of leave with or without pay for disciplinary and administrative purposes. Temporary employee - An employee holding a position other than permanent, except as provided in the rules, but not limited to a seasonal, casual or an emergency nature. Temporary position - All positions that are not designated permanent. Termination - Separation from City employment as a resul t of dismissal, resignation, retirement or other sufficient reason. Transfer - The change of an employee from one position to another in the same or similar class from one department to another. Vacancy - A position existing or newly created, which is not occupied, and for which funds are available. -3- Section 1. Section 2. Section 3. RULE III - ORGANIZATION FOR PERSONNEL ADMINISTRATION The City Commission - The City Commission shall: A. Approve the Personnel Rules and Regulations and any amendments or revisions; B. Approve the pay plan and all amendments; C. Make and confirm appointments to and remove from positions specified by the City Charter. The City Manager - The City Manager shall: A. Be responsible to the City Commission for administration of the personnel system subject to these Rules; B. Be responsible for the preparation of proposed amendments to the City's Personnel Rules and Regulations in cooperation with the Personnel Director; C. Be responsible for the preparation of proposed amendments to the classification plan and the pay plan, in cooperation with the Personnel Director; D. Appoint or remove all subordinate officers and employees subject to the provisions of these rules excepting those which are appointed and removed by the City Commission; E. Perform such other duties and have and exercise such other powers in personnel administration as may be prescribed by the City Charter, the Law and these Rules. The Personnel Director - The Personnel Director shall be responsible to the City Manager and shall: A. Administer the provisions of these Rules; -4- B. Develop and examination obtain an applicants service; administer such recruitment and programs as may be necessary to adequate supply of competent to meet the needs of the City C. Prepare and recommend a classification plan and amendments to the classification plan so that it will reflect on a current basis the duties being performed by each employee in the City service and class to which each position is allocated; D. Administer the pay plan including the periodical review of salary and wage levels in the area to the extent that such levels affect City employment. E. Provide for the establishment and maintenance of a roster of all employees in the City service; F. Provide such forms and procedures as necessary, appropriate, or desirable to carry out the personnel program; G. Establish and maintain the official employee records files; H. Perform such other activities with reference to personnel administration not inconsistent with the City Charter or these Rules, as may be deemed necessary or desirable to enforce the provisions of these rules, as the City Manager may direct, or as may be required by ordinance; I. Prepare and recommend such rules or amendments to the Rules as may be necessary or advisable to carry out the intent and purposes of the City personnel program. -5- RULE IV - EMPLOYEE STATUS Status of employees in the City service: All persons, excepting part time or hourly rate employees, holding positions in the City service, and whose positions normally involve continuous year round full time service shall be considered to be regular employees and, as such, entitled to the rights, benefits and privileges extended to such employees by the City Charter and these Rules. All persons holding positions in the City service which do not involve continuous year round full-time service or who are compensated on an hourly basis shall be considered as temporary employees. -6- RULE V - THE CLASSIFICATION PLAN Section 1. The purpose: The classification plan provides a complete inventory of all positions in the City service and accurate descriptions and specifications for each class of employment. The plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities and has the same meaning throughout the City service. Section 2. Composition of the classification plan: The classification plan consists of: A. Classes of positions which are established by grouping positions which are basically similar in the kind of work and level of difficulty and responsibility, which require similar experience and training at time of recruitment, and which may be compensated fairly from within the same range of pay under similar working conditions. B. Class titles which are descriptive of the work performed and which identify each class. C. Written class specifications for each class of positions which contain a description of the nature of the work and of the relative responsibility of the positions in the class, essential job functions of the position, and the required experience and training for recruitment into the class. Section 3. Class title: Class titles shall be used in all personnel, accounting, budget, appropriation and financial records. No person shall be appointed to, or employed in, a position in the City service under a title not included in the classification plan. Titles used in the course of departmental routine to indicate authority, status in the organization, or administrative rank may continue to be used for such purposes. -7- Section 4. Class specifications: Specifications are to be interpreted in their entirety and in relation to others in the classification plan. Particular phrases or examples are not to be isolated and treated as a whole definition of the class. Specifications are deemed to be descriptive and explanatory of the kind of work performed and not necessarily inclusive of all duties performed. Section 5. Maintenance of the classification plan: The Personnel Director is charged with the responsibility for the proper and continuous maintenance of the classification plan so that it will reflect on a current basis, the duties being performed by each employee in the City service and the class to which each position is allocated. The Personnel Director when requested by a department head shall review the classification of a position(s) and upon the basis of his/her investigation shall recommend to the City Manager appropriate and necessary amendments to the classification plan in the form of new classes, revisions of existing classes and the abolition of classes no longer required in the plan. Such review(s) shall be made on a timely basis for inclusion in the budgetary process for implementation in the next fiscal year which begins on October 1. Allocation and reallocations within the approved classification plan shall be made as follows: A. The Personnel Director shall study the duties and responsibilities of each new position as it is created and on the basis of this study, place the position in the appropriate class within the classification plan for the duties to be performed. B. Changes in the duties and responsibilities of a position involving either the addition of new assignments or the taking away or modification of existing assignments shall be reported to the Personnel Director by department heads. If these are determined to be permanent, are more than minor changes, and justify a reallocation to a different -8- classification, the Personnel Director shall, after affording to the employees affected the opportunity to be heard and with the consent of the City Manager place such position in its appropriate class. The establishment of any new position(s) or the reallocation of any position(s) will coincide with the preparation of the City budget and held until the budget process begins unless the City Manager, in his sole discretion, determines that circumstances warrant action at some other time. -9- RULE VI - THE PAY PLAN Section 1. Purpose: The pay plan is designed to provide a fair and equitable method of payment of employees in the City service. Section 2. Composition: The pay plan shall consist consisting of the minimum and the City Commission. of a schedule of salary ranges maximum rates of pay as adopted by Section 3. Application: All individuals in City service positions shall be employed and paid in accordance with the rates and policies established by the pay plan for their job class. Section 4. Merit Increases: Pay ranges are established to provide employees with an incentive and to recognize individual differences in employee performance. Increases within the pay range are not automatic but must be based upon an employee performance evaluation. An employee whose performance is less than satisfactory shall not receive a pay increase. Section 5. Revision of Pay Plan: The Personnel Director, when he/she deems it necessary or when requested by the City Manager, shall cause the pay plan to be examined for the purpose of revision. The City Manager will present the final recommended pay plan revisions to the City Commission for approval. -10- RULE VII - APPLICATIONS Section 1. Announcement of recruitment: Public notice of recruitment shall be published in the daily newspaper and in such other places and by such other means the Personnel Director may deem advisable. Section 2. Filing of application: An applicant for a position in the City service must file a written application on the form prescribed by the Personnel Director or request such application within the time limit fixed in the recruitment announcement. No individual shall be denied the right to file an application for employment in the City service. Section 3. Residence: There shall be no requirement of residence for filing an application for, or for being appointed to any position in the City (Florida Statute 112.021). Section 4. Minimum qualifications: The Personnel Director and department heads shall prescribe specific requirements, physical or otherwise, as in their judgment are required by the nature of the work to be performed. Such requirements shall be shown in the recruitment announcement. Section 5. Rejection of application: The Personnel Director shall reject any application or applicant if it is determined that: A. The application was period specified announcement or was prescribed form. not filed within the in the recrui tment not filed on the B. The applicant lacks any of the required qualifications of the position. C. The applicant has made a false statement of a -11- material fact, or practiced any fraud or deception in the application, test or attempt to secure appointment. D. The applicant has a work record of previous employment inconsistent with the standards expected of a city employee. Section 6. Notice of rejection of application: Whenever an application or applicant is rejected notice of such rejection and the reasons for the action shall be given to the applicant by the Personnel Director. Section 7. Postponement or Cancellation of a Recruitment: Any recruitment may be postponed or canceled at the direction of the Personnel Director. Each applicant shall be notified of the postponement or cancellation of a recruitment and the reason(s) for the action. Section 8. Veterans' preference: The rights of veterans, as specified in Florida Statutes-Chapter 295, including any future amendments to such Laws, shall apply to the City. The term "veteran" as used in this section is defined in Florida Statute-Chapter 1.01(15) and is adopted by this reference. Each person seeking to qualify for a veteran's preference shall present such documentary proof to the Personnel Department as may be necessary to establish the preference to which he/she may be entitled. Such proof must be presented at the time of making formal application of such position. Section 9. Retention of Applications: Completed employment applications, whether accepted or rejected for consideration for employment, shall remain on file pursuant to State public record retention schedules and shall not be returned to the applicant. -12- RULE VIII - EXAMINATIONS Section 1. Recruitment by examination: All appointments in the City service shall be made according to merit and fitness. Merit and fitness shall be ascertained by examinations which shall be prepared by or under the direction of the Personnel Director. All examinations shall be impartial and shall relate to those matters which will test fairly the capacity and fitness of the applicants to efficiently discharge the essential functions of the position to be filled. Examinations may be written or oral, as well as physical tests, performance tests, rating of training or experience, assessment exercises, or any combination of the foregoing. They may take into consideration such factors as education, experience, aptitude, knowledge, character, physical fitness or any other qualifications or attributes which, in the judgement of the Personnel Director, enter into a determination of the relative fitness of applicants. Section 2. Promotional examinations: Vacant positions in the City service shall be filled by the promotion of regular or probationary employees in the service whenever, in the judgment of the City Manager and the Personnel Director, it is in the best interest of the City to do so. Promotional examinations shall be open to all eligible City employees who meet the established minimum qualifications for the job classification. Section 3. Notification of recruitment results: Each person who files an employment application with the City shall be notified in writing as to whether or not they were selected for the vacant position. -13- RULE IX - APPOINTMENTS Section 1. Procedure for filling vacancies: All vacancies in the City service shall be filled by original appointment, promotional appointment, provisional appointment, temporary appointment, part-time appointment, emergency appointment, transfer or demotion. Whenever the City Manager approves the filling of a vacant position, the department head shall make requisition upon the Personnel Director for eligibles for appointment to the class of position for which the vacancy exists. Such requisition shall be upon the form provided by the Personnel Director. The department head will request approval from the City Manager to hire the applicant he/she has selected. Section 2. Employment of Relatives: City public officials, as defined by State Law, may not appoint, employ, promote or advance, or advocate for appointment, employment, promotion or advancement, in or to a position in the City in which he/she is serving or over which he/she exercises jurisdiction or control any individual who is a relative of the official. For the purposes of these rules, the relatives of a public official shall be defined as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in-law, brother-in- law, sister-in-law, stepfather, stepmother, stepchild, stepbrother, step sister, half brother, half sister or other members of the public official's household. Section 3. Provisional appointment: Whenever there are urgent reasons for filling a regular position in a class for which the required number of eligibles are not available, the City Manager may authorize the Personnel Director fill the vacancy by a provisional appointment. In such case, preference for provisional appointment shall be given to persons in the City service whom the Personnel Director finds to be qualified and then to persons who have applied for appointment as regular employees and whom the Personnel Director believes to be qualified. -14- Section 4. Temporary appointment: Temporary appointments may be made of persons whose employment is expected to be of a seasonal nature or whose services are required for a special job or project and when it is expected that the services of such employee will be no longer necessary at the close of season or upon completion of such special job or project for which they have been appointed. Temporary appointments may also be made to fill vacancies resulting from regular employees on authorized leave of absence. Section 5. Part-Time appointment: Appointments may be made to part-time positions where the work load does not warrant a full-time employee. Section 6. Job reallocation: Job reallocations will only be done prior to the start of the budget process and will be implemented at the start of the next fiscal year. If, as a result of the study of a permanent position, during the budget process, it is determined the position shall be reallocated to a class with a higher salary range, and the incumbent employee fully meets the requirements of the class including any required licenses, certifications, or performance skills and abilities, the incumbent employee may be permanently appointed to the reallocated position at the beginning of the new fiscal year and shall be subject to successful completion of a probationary period. (See Rule 5, Section 5) When a position occupied by a regular employee is reallocated to a class in the same salary range and with substantially the same qualification requirements, the Personnel Director may grant the incumbent employee status in the new class. When a position is reallocated to a class in a lower pay range, the employee shall be permitted to continue at his/her present rate of pay in the new pay range but shall not be entitled to a pay increase until his/her new pay range is increased above the employee's present salary'due to pay plan salary adjustments. -15- Section 7. Emergency appointment: Emergency appointments may be made by the City Manager in case of a natural disaster, riot, or other emergency which threatens life, property or the general welfare of the City. Such appointments shall continue only during the period of such emergency. Section 8. Transfer: A position may be filled by transferring an employee from another position of the same class or similar class with essentially the same basic qualification. Section 9. Demotion: A position may be filled by the demotion of a regular employee in accordance with the procedure for demotion as outlined in Section 5 of Rule XI. Section 10. Initial Probationary period: The initial probationary period shall be regarded as an integral part of the examination and training process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the new employee to his/her position, and for rej ecting an employee whose performance does not meet the required work standards. Probationary employees have no property right in their position and serve at the pleasure of the City Manager. All appointments, including promotional, shall be probationary and subject to an initial probationary period of six months from date of appointment, except Public Safety Officers who will serve a twelve month initial probationary period. The department head shall make such periodic reports during an employee's initial probationary period as required. The Personnel Director shall notify the department head at least twenty (20) working days prior to completion of the initial probationary period that he/she must make a determination as to whether the services of the employee have been satisfactory and whether he/she will continue the employee in the position. Such notice shall be on the prescribed form and a copy shall be given to the employee. -16- The City Manager may remove a probationary employee without cause at any time during the initial probationary period, provided that he/she shall notify the employee and the Personnel Director. This shall be at the sole discretion of the City Manager and shall not be subject to any appeal procedure provided herein. Upon the written request of the department director, and the approval of the Personnel Director, the duration of the probationary period may be extended. Such an extension request must be discussed with the affected employee and submitted prior to the expiration of the probationary period. Section 11. Medical examinations: Applicants for positions in the City service may be required to undergo examinations to determine physical and mental fitness to perform the essential functions of the position to which an appointment is to be made. Applicants and eligibles determined to be physically or mentally fit for service shall be considered for appointment. -17- RULE X - GENERAL PERSONNEL POLICIES & PROVISIONS Section 1. Hours of work: The City Manager shall establish hours of work which shall be determined in accordance with the needs of the service, and which shall take into account the reasonable needs of the public who may be required to do business with various City departments. Public necessity of an occasional nature may require reasonable overtime on the part of City employees. Employees who work over stipulated hours whenever necessity demands additional service of an occasional nature shall be compensated at the overtime rate or given compensatory time off in accordance with and subject to the provisions of the Fair Labor Standards Act (FLSA). Section 2. Legal holidays: Legal holidays to be observed by City employees, unless such employees are otherwise required to be on regular duty, are identified as follows: New Year.s Day (January 1) Presidents. Day (Third Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) columbus Day (Second Monday in October) Veterans' Day (November 11) Thanksgiving Day (Fourth Thursday in November) Day following Thanksgiving Christmas Day (December 25) Personal Day If a fixed-date holiday falls on a Saturday, the preceding Friday shall be observed as the holiday recognized by the City. If a fixed-date holiday falls on a Sunday, the following Monday shall be observed as the recognized holiday. Section 3. Personal Day: City employees have been granted a floating holiday which shall be accrued after thirty (30) days of employment. The personal day must be taken in the year accrued and not carried forward into the next year. City Manager approval is required prior to use of this day. -18- Section 4. Vacation leave: Vacation leave shall be granted to regularly employed full-time employees and shall accrue at the following rate after each month of continuous service: o - 1 Year 1+- 4 Years 4+- Years 6 hours per month 8 hours per month 10 hours per month Each employee shall, on the anniversary date of his/her employment, be credited with one additional day of vacation leave for each full year of continuous service over five (5) years, provided that such additional vacation leave for any employee shall not exceed five (5) days. Vacation leave may not be taken prior to being earned. Approval to take vacation leave will be granted by the department head who shall schedule vacations so as to meet the operating requirements of the department; provided, that vacation leave shall not be granted to employees with less than six (6) months of continuous service. Vacation leave may be accrued to a maximum of leave earned in two anniversary years. Members of the Public Safety Department and such other employees required to be on regular duty on legal holidays and who receive no additional compensation for holiday work shall be credited with additional vacation leave equal to the number of legal holidays listed in the rules and such other days as may be designated by the City Commission. These additional vacation days will be credited in the month the holiday occurs. Regular employees and part-time employees who have completed one or more years of service shall upon leaving the City's service in good standing, be compensated for vacation leave accrued to the date of separation at their current hourly rate of pay. Probationary employees who are terminated prior to becoming regular employees are entitled to be paid for accrued vacation leave. -19- Section 5. Sick leave: Sick leave with pay shall be granted to regularly employed full- time employees to provide continued income during employee illness and will accrue upon completion of each month of continuous service. Sick leave shall not be considered as a right which an employee may use at his/her discretion, but rather as a privilege which shall be allowed only in case of personal illness or disability, legal quarantine or because of exposure to a contagious disease. Sick leave shall accrue to a regular employee at the rate of one (1) day per month of completed service. Sick leave shall not be granted in advance of actually being earned. Sick leave pay will normally be paid at the same rate as a regular workday pay, except in those instances where other City benefits, excluding social security, may supplement. In order to be granted sick leave with pay, an employee must meet the following conditions: A. Notify his/her immediate supervisor not later than two (2) hours after the beginning of the scheduled workday of the reason for such absence, or within a lesser time frame if required by the department head. B. Permit such medical examination, nursing visit or inquiry which the City deems appropriate. C. File a written request for such sick leave on the form and in the manner prescribed, and submit, where reasonable and if requested by the department head, a medical certificate signed by a physician stating the kind and nature of the sickness or injury, that the employee has been incapacitated for work for the period of absence and that he/she is again physically able to perform his/her duties. Claiming sick leave when physically fit may be cause for disciplinary action. An employee may accumulate a maximum of 520 hours of sick leave. -20- Section 6. Disability: The Personnel Director may have an employee examined by a physician designated by the City to determine fitness for duty. When a physical or mental condition exists which impairs the effectiveness of an employee to perform his/her job and/or poses a direct threat to the safety of the employee or others, the following actions shall be taken. B. C. Section 7. A. If the condition is of a temporary nature or otherwise not covered by the Americans with Disabilities Act (ADA), the City Manager may authorize a specified period of time off or a modified schedule in order to enable the employee to overcome the condition. Approval of such time off will be based, in part, on operational needs of the department. Such time off is to be charged to sick leave, or if no sick leave has been accrued, to annual leave or to leave without pay. If the condition is sufficient to meet the criteria for a disability defined by the ADA, and the employee remains otherwise qualified, the City will endeavor, with the employee's cooperation to reasonably accommodate the employee consistent with the requirements of the ADA. If after reasonable accommodation, the employee cannot perform essential functions of the job, or will not cooperate by taking available steps to correct or modify the job-related impact of the disability, the department director shall take steps to separate the employee from the City service. Drug Testing Physical examinations will consist of a series of drug tests in order to ensure a workplace free of illegal drugs. An employee may be sent for a drug test at any time if the use of illegal drugs, alcohol or other substance on the job is suspected or to insure an employee formerly engaged in the unlawful use of drugs has not returned to this activity. -21- Section 8. Workers' Compensation All City employees who suffer a job related injury or illness are covered by the Workers' Compensation Act. Employees determined to be compensable under the provisions of the Act shall be entitled to full pay less any benefit received under the Act. The employee must follow the City's procedures regarding injury/illness reporting. If an employee is found to be at fault or failed to follow safety procedures, benefits may be reduced accordingly. An employee absent from work will be checked by the City's medical representative periodically and the case will be reviewed by the department head, Personnel Director and City Manag~r. Once released from a physicians care, the employee is expected to report back to work. If at the end of one year, the employee is unable to return to work he/she will be placed on pension, if eligible, or terminated. Section 9. Civic Duty: Leave with pay may be authorized in order that regular employees may serve required jury duty, provided that such leave is reported in advance to the department head and the Personnel Director. Such employee shall be entitled to pay in a total amount equal to the employee's regular, full pay, less that amount received by the employee for his/her jury service. Pay will be authorized for any employee who is required to appear as a witness, as a result of his/her employment with the City, in any administrative hearing, court hearing, trial, or deposition in connection therewith. Such employee shall be entitled to pay in a total amount equal to the employee's regular, full pay, less that amount received by the employee as his/her witness fee. Section 10. Bereavement Leave with pay not to exceed five working days may also be authorized in case of death within the immediate family. Section 11. Leave without pay: An employee may be granted leave of absence without pay for a good and sufficient reason which is considered in the best interest of -22- the City and employee. During a leave without pay, an employee will not accrue seniority, sick leave, personal leave, or vacation leave. All employees on leave of absence are subject to applicable provisions of these rules. Section 12. Prohibitions: A. No individual shall be appointed or promoted to, or demoted or dismissed from any position in the City service, or in any way discriminated against with respect to employment in the City service based solely upon ones political or religious opinions/beliefs, affiliations, national origin, race, disability, sex, marital status, or age. B. No individual shall seek or attempt to use any political endorsement with any appointment to a position in the City service. C. No indi vidual shall use or promise to use, directly or indirectly any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment to a position in the City service, or an increase in or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. D. No employee of the City of Parkland shall take an active part in any political campaign or other political activity during his/her regular work hours nor shall they use or permi t the use of City equipment for such activity. E. No individual elected to public office in the City of Parkland shall, during the period of time he/she holds such office, continue as a City employee. -23- F. No individual shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of the Charter and these Rules, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provision of the Charter and these Rules. G. No individual shall, directly or indirectly, give, render, pay, offer, solicit or accept money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the City service. H. No individual, examiner, or other individual shall defeat, deceive, or obstruct any individual in his/her right to examination, eligibility, certification or appointment under the Charter and these Rules, or furnish to any individual any confidential information for the purpose of affecting the rights or prospects of any individual with respect to employment in the City service. I. Any individual or employee who violates any of the provisions of this section shall be subject to appropriate disciplinary action. Section 13. Employee performance rating: Employee performance rating reports relative to the conduct, capacity and performance of all regular employees shall be made by department heads at least once each year on the form and in the manner prescribed by the Personnel Director. Such ratings may be considered in determining within-range salary increases or decreases, as a factor in promotions, and as a factor in any other personnel transactions where it is not contrary to the City Charter or these Rules. -24- Section 14. Educational Reimbursement A. The City of Parkland will, upon approval of the appropriate department head, the City Personnel Director, and the City Manager pay the tuition of regular employees for eligible educational, vocational, technical or adult training programs. An eligible program is one that is judged to be directly related to the employee's current position or to a related higher position, and which will improve present job performance or prepare an employee for promotio~. Prior written approval must be obtained before any class work is undertaken. B. Any regular employee who is approved for attendance in any eligible educational, vocational, technical or adult training program must pay tuition costs directly to, and be accepted for enrollment. No course work shall be performed during working hours unless the employee's department head approves use of authorized leave with pay for this purpose. C. Upon completion of the educational program, an official grade report, or certificate of completion and a receipt for the books purchased for the program are to be submitted to the Finance Department in order to receive reimbursement. -25- D. If an employee resigns or is terminated from employment within one year following the completion of any eligible educational, vocational, technical or adult training program for which the employee received a refund, then the amount of tuition refund shall be immediately repaid by the employee to the City. -26- RULE XI - CONFLICT/RESOLUTION PROCEDURES Section 1. Definition A conflict is a disagreement or disharmony between points of view or opinions pertaining to employment conditions, to relationships between an employee and his/her supervisor or to relationships with other employees. This does not include termination of employment. Section 2. Purpose The primary purpose of the conflict/resolution procedure is to determine what is right rather than who is right. Free discussion between employees and supervisors will lead to a better understanding by both of practices, policies and procedures which affect employees. This will serve to identify and help eliminate conditions which cause misunderstandings and conflicts. This procedure has been put in place in order to assure employees that their problems and conflicts will be considered fairly, timely and without reprisal. Section 3. Informal Procedure Employees should first discuss any problem or conflict with their immediate supervisor. It is not necessary or advisable that the grievance be in writing to the supervisor. Presentation of Employee Conflicts: Whether or not the employee takes his/her problem first to the Personnel Director, the following procedures will be adopted for the presentation of all conflicts not resolved by the Personnel Director. Section 4. Formal Procedure A. The employee shall first take his/her complaint in writing to his/her immediate supervisor who shall try to resolve the problem or complaint and advise the employee of a proposed solution within five (5) working days after the meeting. -27- Supervisors are encouraged to consult wi th their department head, the Personnel Director, or any other individual who may be qualified to offer assistance or information which will aid the supervisor in reaching a mutually equitable solution. B. If the conflict is not resolved by the immediate supervisor to the satisfaction of the employee, or if a decision is not made by him/her wi thin five (5) working days, the nature of the complaint and the desired solution may be submitted in writing by the employee to the next level of supervision (a copy to the Personnel Director) or the Personnel Director if the employee's immediate supervisor is his/her department head. This request must be filed by the employee not later than five (5) working days after receipt of the supervisor's' s decision or ten (10) working days after the original conflict was first taken to the supervisor, whichever occurs first. The Personnel Director shall review the complaint and wi thin five (5) working days, notify the employee and his/her department head whether the complaint is subject to established Administrative Regulations or these Rules. The department head shall than have the responsibility to attempt to settle the complaint and shall inform the employee, in writing, of his/her decision within five (5) working days. If the department head is the immediate supervisor, the employee would then proceed to step C. -28- C. Appeal to the City Manager: If the resolution of the conflict by the department head is not satisfactory to the employee or if a decision is not made within five (5) working days, the employee may, in writing, request his/her department head to refer his/her complaint to the City Manager. All such requests will be forwarded to the City Manager by the department head without delay. The City Manager, upon being notified by the department head of an appeal may affirm, deny, or modify the decision of the department head. In the event the department head has not reached a decision within the allotted time frame, the City Manager will make the decision. The decision of the City Manager shall be final and the employee shall have no further right of administrative appeal. -29- RULE XII - SEPARATION AND DISCIPLINARY ACTION Section 1. Resignation: Any employee wishing to leave the City service in good standing shall file with his/her department head, at least two weeks before leaving, a written resignation stating the date the resignation shall become effective and the reason for leaving. The resignation of a department head shall be submitted to the City Manager. The Ci ty Manager and department head shall forward all notices of resignation to the Personnel Director immediately upon receipt. Section 2. Layoff: An employee may be laid off when management deems such action is made necessary as a result of financial constraints or the elimination of the position being held by the employee to be laid off, however, no regular employee shall be laid off while there are temporary, provisional or probationary employees serving in a position in the same class who are fulfilling the same function and have the same responsibilities for which the regular employee is eligible and available. When a position is being eliminated and there are other identical positions remaining, the employee with the least seniority shall be laid off. Whenever the layoff of one or more employees shall become necessary, the City Manager shall notify the Personnel Director in advance of the intended actions and reasons therefor. The Personnel Director shall furnish to the City Manager the names of the employees to be laid off in the order in which such layoff shall be effected. Section 3. Types of Disciplinary Action A. Verbal Warning - An interview is conducted in private between the employee and his/her supervisor in which the employee's failure to perform or behave in compliance with work rules or regulations is discussed and suggestions for improvements are made. -30- B. Written Warning - An internal memorandum is sent to an employee which calls the employee's attention to performance or behavior which has not been corrected through previous verbal warning(s) or which reemphasizes a discussion wi th the employee and the expected results. The memorandum should also include a warning of the consequences should the employee fail to improve or correct the behavior or performance problem. C. Official Reprimand - A formal written notice to an employee describing his/her breach of standards, conduct, or other regulations. The official reprimand is more severe than a verbal or written reprimand when a past behavior has not been corrected. The employee shall be put on notice that more severe discipline may follow unless improvement is demonstrated. A copy of the warning shall be filed in the employee's official personnel file. D. Suspension - Relief from duty without pay for a specified period of time. A written statement setting forth the reasons for and the duration of a suspension shall be furnished the affected employee and a copy filed in his/her official personnel file. E. Dismissal - The discharge of an employee from City service. Dismissal of an employee shall be governed by these Rules and Regulations. F. Administrative Leave/Suspension The City Manager may order an employee be placed on leave or suspended with or without proof of wrongdoing, with or without pay, pending completion of an inquiry, review or investigation of alleged causes for disciplinary action as may be necessary to determine whether an action is necessary. -31- A reprimand, whether written or oral, as well as any Equal Employment Opportunity complaint, is not an appealable matter unless accompanied by suspension, dismissal, demotion or any other retaliatory action. Equal Employment Opportunity complaints shall be appealed pursuant to the procedures provided in the applicable Federal or State Law. Section 4. Suspension: A department head may, with the approval of the City Manager, for discip~inary purposes, suspend an employee with or without pay for such length of time as the City Manager considers appropriate. Although suspension may be based on other causes, those "causes" set forth in Section 6 of this Rule pertaining to dismissal shall be sufficient for suspension. Prior to taking such action, the department head must inform the employee of his/her recommendation and the reasons for such action in writing. The employee shall sign a receipt acknowledging receipt of such notification. The , written statement shall include: A. rule violation(s} forming the basis for this action; B. facts related to the rule violation(s}; C. notice to the employee that he/she has five(S} working days within which to submit a written response to the charges and/or meet with the City Manager; D. notice to the employee that he/she shall be given an opportunity for a Name Clearing Hearing before the City Manager. At such hearing the employee may present any evidence or facts relative to the circumstances of his/her suspension. The employee shall not have the opportunity to appeal the action taken in the Name Clearing Hearing. If the employee does not request a hearing within five (S) working days, the employee's rights to protest the disciplinary action shall be considered waived. An employee may, upon the recommendation of the department head with the approval of the Personnel Director and the City Manager, be suspended without pay for an indeterminate period pending the -32- investigation or trial of any criminal charge against him/her, when said criminal charge alleges a violation of law which would constitute a felony or first degree misdemeanor and directly relates to the position of employment held except for any Public Safety Officer who may be suspended, as provided herein, whenever he/she may be charged with the violation of any felony or misdemeanor. Such employee determined to be innocent of the charges placed against him/her may be returned to duty with full pay and reinstatement of leave for the period of suspension. An employee suspended without pay shall not accrue leave time and the time accumulated up to the effective date of the suspension shall be frozen. Section 5. Demotion for inability to perform essential functions of the position: The City Manager may, when he/she has determined an employee is unable to successfully perform the duties of his/her position, demote the ,regular employee to a position, the duties of which he/she is able to perform, in a class carrying a lower compensation. Status will be given the employee in the new class. Prior to such action, the department head shall inform the employee of his/her recommendation and the reason for such action in writing. The employee shall sign a receipt acknowledging receipt of such notification. The written statement shall include: A. the basis for this action; B. facts related to the action; C. notice to the employee that he/she has five (5) working days within which to submit his/her written response to the action and/or meet with the City Manager. D. notice to the employee that he/she shall be given an opportunity for a Pre-determination Hearing before the City Manager. At such hearing the employee may present any evidence or facts relative to the circumstances of his demotion. The employee shall not have the opportunity to appeal the final action taken. -33- If the employee does not request such hearing with five (S) working days, the employee's rights to protest the action shall be considered waived. The action of the City Manager shall be deemed final. Section 6. Dismissal: The City Manager may dismiss any employee for cause. Prior to any final action being taken, the department head shall inform the employee of his/her recommendation and the reason (s) for such action in writing. The employee shall sign acknowledgment of receipt of such notification and will be relieved of duty immediately. The written statement shall include: A. rule violation forming the basis for dismissal; B. facts related to the rule violation; C. notice to the employee that he/she has five working days within which to submit his/her written response to the charges and/or meet with the City Manager; D. notify the employee that he/she shall be given an opportunity for a Pre-Determination Hearing before the City Manager. At such hearing the employee may present any evidence or facts relative to the circumstances of his/her termination. The employee shall not' have the opportunity to appeal the final action taken. If the employee does not request such hearing within five (S) working days, the employee's right to protest the disciplinary action shall be considered waived. The action of the City Manager shall be deemed final. Although dismissal may be based on other causes, anyone or more of the following shall be sufficient: A. Incompetency or general inefficiency in the performance of duties. -34- B. Conviction of a crime if the crime was a felony or first degree misdemeanor and directly related to the position of employment held, or, in the case of any employees of the Public Safety Department of the City, conviction of any felony or misdemeanor. C. Violation of any of the provisions of the Charter or these Rules. D. Violation of any lawful or reasonable regulation, order or direction made or given by a supervisor where such violation has amounted to insubordination or serious breach of proper discipline or has resulted in loss of injury to the public. E. Intoxication while on duty, from whatever source, which affects or impairs the ability of the employee to carry out his/her duties; the possession, consumption or both of intoxicating beverages while on duty or while operating or using a City-owned vehicle, personal vehicle or City equipment; or the possession, sale, use of illegal narcotics or dangerous drugs while on duty or while operating or using a City-owned or personal vehicle. F. Personally offensive or abusive conduct or language toward a public official, fellow employee, or any member of the general public when acting in an official capacity as a City employee or representative while in uniform. G. Expression of a personal, work-related conflict, or bypassing official documented conflict/resolution procedures, when such conflicts is not a matter of public concern. H. Carelessness or negligence in the use of any property of the City. -35- I. Attempting to induce any officer or employee of the City to commit an act of violation of any Rule, Regulation or Policy. J. Conduct, either while on or off duty, which reflects discredit upon the City. K. Tardiness or absenteeism. L. Incapacity for the proper performance of duties because of a permanent or chronic physical or mental illness or condition. M. Being absent without leave or failing to report for work after leave of absence has expired. N. Failure to notify the department head and Personnel Director, within one working day of suspension or revocation of a valid operator license (applies only to employees whose position requires a valid license) . o. Making a false statement of a material fact or practicing or attempting to practice any fraud or deception. The above is not a complete list of all actions which could result in disciplinary action but is intended as a guide for all City employees and supervisors. A probationary employee may be dismissed by the City Manager without cause. -36- RULE XIII - EQUAL OPPORTUNITY AND NONDISCRIMINATION Section 1. Equal Opportunity Policy No personnel actions or decisions shall be made or taken on account of race, national origin, color, religion, creed, age, disability, gender, sexual orientation, political affiliation or marital status with respect to the recruitment and examination of applicants, including training, promotion, and disciplinary action. All personnel actions shall be based solely on merit and fitness of the individual. Section .2. Sexual Harassment All employees should be able to enjoy a work environment free from all forms of discrimination, including sexual harassment. No employee, male or female, should be subjected to unsolicited and unwelcome sexual overtures or conduct, whether verbal or physical. Sexual harassment is behavior that is personally offensive, which lowers morale, and which interferes with the effectiveness of the work place. Such conduct whether committed by supervisors or non- supervisory personnel, is prohibited. Section 3. Whistle Blower Policy No retaliatory action will be taken against an employee who reports to an appropriate agency violations of law on the part of a public employee or independent contractor that creates a substantial and specific change to the public's health, safety or welfare. In addition to the aforesaid: the reporting of improper use of government office; gross waste of funds; or any other abuse or gross neglect of duty on the part of the City, public officer or employee shall not result in any retaliatory action. -37- RULE XIV - AMENDMENT OF PERSONNEL RULES Section 1. Amendments: Amendments or revisions to the rules may be recommended for adoption by the personnel director, the city manager, or by the city commission of its own motion. Such amendments or revisions of the rules shall become effective after approval by resolution of the city commission. -38- RULE XV - SAVING CLAUSE If any section or part of a section of these rules is held by any court to be invalid or unconstitutional, the same shall not invalidate or impair the validity, force and effect of any other section or part of a section of these r~les unless it clearly appears that such other section or part of a section is wholly or necessarily dependent for its operation upon a section or part of a section so held invalid or unconstitutional. -39-