HomeMy WebLinkAbout2000 06 26 Regular I New Personnel Policies
Date: 06262000
Per the Commission, this was moved to Regular
"I". Due to Adjournment this Item was not
heard.
COMMISSION AGENDA
ITEM A
June 26, 2000
Meeting
Consent X
Informational
Public Hearing
-V Regular
Mgr. I Dept.
Authorization
REQUEST:
The General Services Department requests that the City Commission pass a
resolution for the formal adoption of the new Personnel Policies.
PURPOSE:
The purpose of this agenda item is to formally adopt new personnel policies
which comply with federal and state legislation passed since 1980, and which
provide for updated procedures to address the complete range of human
resource issues.
APPLICABLE LAW ANID PUBLIC POLICY:
Fair Lacor Standards Act
- Family Medical and Leave Act
- Title 7, 42 U.S.C.
Chapter 760, Florida Civil Rights Act
Comprehensive Omnibus Budget Reconciliation Act (COBRA)
City Charter
City Administrative Code
CONSIDERATIONS:
- The current Personnel Policies of the city were originally compiled and
adopted in 1980 and do not adequately address personnel issues and
practices now required by city organizational changes, federal law, and state
law.
New Personnel Policies have been promulgated with the input of senior staff
and the city's labor attorney.
June 26,2000
City Commission Regular Agenda
Item "C"
FUNDING:
None Required.
STAFF RECOMMENDATION:
Staff recommends the Commission pass the attached resolution adopting new
personnel policies for the city.
ATrACHMENTS:
- Resolution # 2000-18
- (Complete sets of Personnel Policies have been provided to the City Clerk's
office for appropriate distribution)
COMMISSION ACTION:
RESOLUTION #2000-18
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, RELATING TO CITY
PERSONNEL POLICIES; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has,
from time to time, adopted and revised personnel policies for the proper
administration of human resource matters; and
WHEREAS, those personnel policies are in need of updating by the passage of
this resolution; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby
finds this resolution to be in the best interests of the public health, safety, and
welfare of the citizens of Winter Springs;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are affirmed and incorporated as part of this
resolution.
Section 2. Unless otherwise provided or superceded by city charter, city
ordinance, state or federal law, the administration of personnel
matters affecting city employees shall be governed by written
personnel policies and procedures as herein adopted and attached
hereto as Exhibit "A", and which are fully incorporated herein
by this reference.
Section 3. AII.prior inconsistent resolutions adopted by the City Commission
are hereby repealed.
City of Winter Springs
Resolution # 2000-18
Page 1 of 2
Section 4. If any section, clause, phrase, word, or provision is for any reason
held invalid or unconstitutional by a court of competent jurisdiction,
whether for substantive or procedural reasons, such portion shall be
deemed a separate, distinct, and independent provision, and such
holding shall not affect the validity of the remaining portions of this
resolution.
Section 5. This resolution shall become effective immediately upon passage by
the City Commission of the City of Winter Springs, Florida.
PASSED by the City Commission of the City of Winter Springs,
Florida, in a regular meeting assembled on the 26th day of June, 2000.
Paul P. Partyka, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS, FLORIDA, ONLY:
Anthony Garganese, City Attorney
City of Winter Springs
Resolution # 2000-18
Page 2 of 2
t
/
Welcome!
On behalf of your colleagues, I welcome you to the City of Winter Springs and wish you every
success.
We believe each employee contributes directly to the city's success and we hope you will take
pride in being a member of our team,
The following Personnel Manual was developed to outline some of the City's expectations for
you and provide the information you need about how the personnel system works, Please
familiarize yourself with its contents as soon as possible, It will answer many of the common
questions about employment with the City of Winter Springs,
We hope your experience here will be challenging, enjoyable, and rewarding. Again,
WELCOME!
Sincerely,
City Manager
INTRODUCTORY STATEMENT
This Manual is designed to acquaint you with the City of Winter Springs and provide you with
information about working conditions, employee benefits, and some of the policies affecting your
employment. You should read, understand, and comply with all provisions of the manual. It
describes many of your responsibilities as an employee and outlines the programs developed
by the City of Winter Springs to benefit employees. One of our objectives is to provide a work
environment that is conducive to both personal and professional growth.
A set of personnel policies cannot anticipate every circumstance or question about policy. From
time to time, the need may arise for the City to make changes in this manual. The City reserves
the right to revise, supplement, or rescind any policy or portion of this manual at any time at its
sole and absolute discretion. Employees will be notified in as timely a manner as possible of
such changes to the Personnel Policies as they occur.
EMPLOYEE ACKNOWLEDGEMENT FORM
As an employee of the City of Winter Springs, I understand that I should consult this manual for
information concerning employment with the City. Where questions are not answered. in the
manual, I understand that I should consult the General Services Director or designee, Further,
I understand that I have voluntarily accepted employment with the City and acknowledge there
is no guarantee of continued employment. Either I, as the employee, or the City Manager may
end the employment relationship at any time during the probationary period, with or without
cause or advance notice. The City Manager may end the employment relationship with cause
thereafter.
Since the information, policies, and benefits described here are necessarily subject to change, it
is acknowledged that revisions to the Personnel Policies may occur. All such changes will be
communicated through official notices, and I understand that revised information may
supersede, modify, or eliminate existing policies. Only the City Commission, upon
recommendation of the City Manager, has the ability to adopt any revisions to the policies of this
Personnel Policies,
Furthermore, I acknowledge that this Personnel Policies Manual is neither a contract of
employment nor a legal document. I have received the Manual, and I understand that it is my
responsibility to read and comply with the policies contained in this Manual and any revisions
made to it.
SIGNATURE DATE
EMPLOYEE'S NAME (TYPED OR PRINTED)
TABLE OF CONTENTS
PAGE
GENERAL PROViSiONS.... .,'...............................",.,..". .... .... '" ,.. ..,.. '.., '.. .,. ......"..'.,.,..,.......... '.. i
SECTION 1
1,1
1,2
1,3
1.4
SECTION 2
2,1
2,2
2.3
2.4
2.5
2.6
2,7
2.8
2.9
2,10
2.11
2,12
2,13
2,14
2,15
2.16
2,17
2,18
2,19
2.20
2.21
2.22
2,23
2.24
2.25
2.26
2,27
2.28
2.29
2.30
2.31
2.32
2,33
2.34
2,35
2.36
2,37
2,38
EQUAL EMPLOYMENT OPPORTUNITY STATEMENT
Policy Statement.,.".",........."......""......""",."",."",..,.",.""""".",.,...""...,.."..., 1
Equal Employment Objectives of the City .........................,..,........,......................1
Responsibility for Implementation..........................,....,...................,.................... 1
Complaint Procedure for Equal Opportunity Issues....,..............,.......................... 1
DEFI N ITIONS,.,..., ,..,.,..,.............,..,',.,.....,...".."""..,.",...",..."..""".,....... ........,..3
Alcohol Abuse,..........,.,...............",.."..,.,.".,.,..,.,....""....",.,.....,..",.,......... ..........3
Allocation ..'..,.,.,.... ........."..,.......,.,......,...."...""",...,.",....".,..,....,.,..,......,............ 3
Anniversary Date ............ ..............."..,...,.,......,...",."..,."".,................... ..............3
Appeal..,.",.....,.,........... .........,..........',.",'.... .....',......"".,'.......",'....... ..... ....... ......3
Applicant....,..".".,... ....,.....................,..,",..,.......",....."""",..."..",...,."......,.....,... 3
Appointment."...,. ....,..,.........,........",..""......."...,.....""",.,...............,..,...." .........3
Assembled Examination..........,................,.".........".",....,..".".."",..................... 3
Certification".".,.. .... ................,.,"",..,.......".....".,.."".,..,.""".."",.........,........,.... 3
Class/Classification...,......................"............"..,....",..,...,.""....",....... .....,............3
Class Description................ ....,.......,..,.......,.".."......."..,.,."..."""".......,......,.",... 4
Class Specification...... ......,..,.....,"',......,..",....,.",......".,."..,.""...."......"......".,.. 4
Close Relative ..................,..,.....,.,..........."".,.,......",......""".....",...,...."......,."... 4
Compensation........ .........,.........,.....,.,......".."...,..,.,.......,.,.......",....,...........,.,..... 4
Compliant"....,..,........,..... ....".....,..",.,....,..""......."".....,.,.".""",.".,..",...,....",... 4
Continuous Service..................,..........."",........",.,....."".,..."""...,.,...........,..,..,.. 4
Demotion..,. . .,:..................,...... ......,....,............ ... . .... .. , . . ... . . .. . . ,. . . . . . . .. . ... .., . ........, . . .. 4
Department.,........,.........."., ...,..,........".,...,.,...,."".....,..",....,....,..""",...,.,.",..",., 4
Department Head ................,............ ................".......""",."...,...."",.......,."..,..... 4
Dismissal..",..............,..,..,...,............,...."..."..,..,......""",..",.""",.........,......"."" 5
Drug Abuse...,.,........ ...............,........".."".,......""."",..",.",.."",..,.."...".:........".. 5
Eligible....."............ ..... ........ ............"..,..".....................".......,."..."."..............,... 5
Eligibility List........ ...... ............ ............,..".,...................".,....,........,.,...... ....,...",...5
Employee.............,.. ...... ....... ...........................,..........",..........".....,........... ..........5
Examination............. ............. .........,..............,...."."..,..."",.....",.."",.....",. ......".. 5
Full-Time Employee ........ .......... .... .................""......",....,.,."".."..........,... ...........5
Grievance................................................ .......................,..................................... 5
Harassment.........................................,..................,...."......""......,..................... 5
Immediate Family...................... .........................,. ...,..,.".......,............... .............. 6
Layoff..,.,.........................................",.......................... ..".,.......,..........................6
Leave.... ......... ........... .......... ........... ........... ...................,'......,........... ......... ........... 6
Overtime..... ..... ,.................................................,......."..."..",...,....,...............",.., 6
Overtime Pay...... ......... ..............,..........,........,...............,.................. .... ..... ..........6
Part-Time Employee..... ..............................................",........,..,....",...,...........".. 6
Pay Plan ...... ....... ........ ..... .... ............ .............................",."................. ................ 6
Pay Rate.. ................. ...................... ............................",......,......... ...................... 6
Pay Status ............ ..... ......... ...................,....................",.,....,.................... ........... 6
Performance Pay Increase ...... ......,',...,.....,.".........."""",.".",............". .........",.6
Physical/Agility Test............................,........................"..........,......................... 7
TABLE OF CONTENTS
SECTION 2
DEFINITIONS (Continued)
2,39
2.40
2.41
2.42
2.43
2.44
2.45
2.46
2.47
2.48
2.49
2,50
2.51
2,52
2,53
2.54
2,55
2,56
2,57
2.58
2.59
2,60
SECTION 3
3.1
3.2
3,3
3.4
3.5
SECTION 4
4.1
4.2
4.3
4.4
4.5
4.6
SECTION 5
PAGE
Position.,......, '............ ..... ......., .,........ ..,.,.. ........ ,.........,..,........"""""..,..,..,."""",.7
Probationary Employee......,. ................,. ..........,.,.............,..."",."".,..,."..,..,.""", 7
Probationary Period..,...,.................,..",...........""...............",..""."..."""",...""" 7
Promotion ... .......,..,........... ....... ........."........................................,..,..""...,...",..... 7
Promotional Examinations... ........... ...,........... .........................",..........",.",.""",.7
Qualifying Event ..,.......................,.......,..,...,,'....... .....,.".... .....",..,.,....",...".""",.7
Regular Employee .......... ......... ..... ...........'....,............ ................,...,.......",."".."..7
Resignation........,......,........... ........ ..........' ........................,. ........"""",.."".,..,."".8
Retirement....... .:,..,... ......... .......... .......................... ..................".....,......,.....,.....,,8
Salary Range........"....................................................",........""..,..,...""...""".." 8
Smoking ................ ....... ...................... ........... ............,.....,...,....,....,.."..",.,...""",8
Suspension.... ................. ..... ................ ......................,.,.........."",....."".,.,.,......", 8
Temporary Employee ... .... .... ..... ............, ....,........ .......,......,...",......""",."..,...,.",8
Temporary Position.., .......... ............. .......,,'............... ............"..". ....."..",.,..,..,....8
Transfer, ......... .......,.......... ....... ...... ................. .................,......,..."....".,."".,..."",8
Unassembled Examinations ............. .........................,............,...,.",.,.....",..,..."" 8
Vacancy.... ..............' ..... ...... .......... ................ ...................,.....".....,."....."",.,...,...8
Work Area.."..........,.......... .......................,................................,......... .,.,',..,...",.... 9
Work Day...... .......... ......... ....................... .................,......, ..........,..........,.............. 9
Work Period....................................................................,....................,...,.........., 9
Work Time................,..........,.....,........................".,..,...."""."."",.............,.",..,.. 9
Work Week .............. ........... ........ .....................................,.....,............................. 9
PERSONNEL ADM INISTRA TION . ................................................,...".............. 1 0
Responsibility for Administration ......'..... ...............................,................,........... 10
Role of the General Services Director..........................................:..................... 10
Personnel Files...,... ....... ................ .... ..... ,.........""".,....""........"".""..""....,..... 1 0
Personnel Changes .... ......... ....................., .................,.,......."",....""",..:".".",. 11
I nspection of Personnel Records...................................................,................... 11
RECRUiTMENT......... ........ ......'. .................. ...................................,...,."",.""... 13
Recruitment - General.... ........................ ............,............. .......,.....",...,."..,.",..,.13
Approval of Recruitment.... ................................................................................ 13
Vacancy Announcement ........................ ... .............................., .......,..','.",.,..,,'.. 13
Sources of Applicants ....................................... .....................".......,."...".,...",.. 13
Recruitment Area ................... .................... ...................... ........ ..............'........... 13
Employment Services - Prohibition.................................................................... 13
HIRING ............ ........ ........... ........ ............................................,.................. .....". 14
5,1
5,2
5,3
5.4
5,5
5,6
5.7
Application for Employment ....... ..... ...................,...........,....................,."......,.... 14
Interviewing .... ........ .............. ............................. ....................... ............""...",...14
Testing ........ ...................... ..... ......... ...... ..............".."....,.................."",.""....,." 14
References. .... ...., ........ ........'.... ..... ..............................,......"""..,.",..."..,..""".. 14
Former Employees.............,.... ......................".".,.",..,.."...,.,..,.",.........."..""". 14
Employment of Minors......... ................................................................."........... 14
Pre-Employment Physicals.......... ......... ....................,..........................",........... 15
TABLE OF CONTENTS
SECTION 5
HIRING (CONTINUED)
5,8
5.9
5,10
5.11
5,12
SECTION 6
6,1
6.2
SECTION 7
SECTION 8
8,1
8.2
8.3
8.4
8,5
SECTION 9
9,1
9.2
9.3
9.4
PAGE
Selection and Notification of Offer.............,..,.................................. ...... ............. 15
Trainees,.,.,..."...,........".",..,.."......,.".,.."."".,."."""",.""".."".,.., '...... .....,'..... 15
Disqualification of Applicants............. .....................,.,..............,. '....................... 15
Application Files,........,.........",...........,.,."..,..""......"".,............"..",..... ....... ,.....16
Reporting for Duty....................,..........,...........,.....................,.........,.. .... ... ..... .... 16
MEDICAL EXAMINATIONS",.... ,.',. '....."..""......."""",'..,......'.............', ........ '" 17
Medical Examinations,.....................,... '..............,..,..,...,....,.,.....,......'.... ..,......... 17
In-Service Examinations.... ,...................,........................,..,.,.,........................... 17
ORIENTATION....,.................,....................,............................. ........,.,.'............ 18
PROBATIONARY PERIOD......,..... ................,....,.....,..............,.... ..................... 19
Purpose.".,....,.., ,.,.",.....",.,'.,................ ,."...,."".."..",...",..."".......,....,..........,. 19
Length of the Probationary Period ........,.................................,............,.............19
Probationary Reviews '........,...,'.,..,.' ....,..",...,.,..,."."",...,.....,..,.......,. '............,.. 19
Extension of the Probationary Period.............,............,................................,..... 19
Failure to Demonstrate Competency..............................,..,..................... '........,. 19
CLASSES OF EMPLOyEES.........,..........,.................,.............,............ ,........... 20
General,.",......"."....,.",.,.".,.".,.".".....,..,..,."......"..",...".".".",..,.".".....,....."" 20
Regular, Full-time Employees.............,. ,............,..........,..............."....,...,.......,.. 20
Regular, Part-time Employees..........,.... ,.................,.......,............,....................20
Temporary Employees... ...,.,................".,",."..,.,"',..,',..,.,....,...,....." ,.......,.....",20
SECTION 10 COMPENSATION AND CLASSIFICATION ............................................:..,....,.,21
1 0.1 Employee Classification."""..."....", ...'......,."....'.,.,.,..",,'... ............ ,....".... ........21
10.2 Pay Plan .... ...., .................,............. ........ ........................,.... ..................... .......... 21
10.3 Reclassification..,... '.', .,...... ........".",........., ,......""", ,....",'.. .....,........ ..,. .... .......,.21
SECTION 11 PAY PLAN AND PROGRESSION THROUGH THE SALARY RANGES..,.........23
11.1 Pay Plan ............................................................................................................ 23
11.2 Salary Increases, Ranges and Raises ...............................................................23
11.3 Other Increases .....,........... .......... ......................,............,.. .................... ............23
11.4 Performance Bonuses............. ......,................................... ..... ................ ........... 23
SECTION 12 PERFORMANCE REViEWS....,...."............",...". .....,'..... ....,......,.,................, ...24
12.1 Purpose ........... .................... ................ .................. .......... ............... ....., ............. 24
12.2 F req uency..............,......................,.................................................................... 24
12.3 Procedure..,..",.."""........."........,.,.....,."........."....,.......,.......",.....,.".". ............ 24
12.4 Appeals .......................................,......................,..........................,................,.. 24
12.5 Consequences of an Unsatisfactory Performance Appraisal.............................. 25
TABLE OF CONTENTS
PAGE
SECTION 13 PROMOTION ........................................... .""""",..,.....",... ....,.....................,..,. 26
1 3. 1 Po Ii cy ..............................'.................,...............,.............., , . , .. , . . , . .. . .. .. .. .. .. .. , . . . . .. . 26
13,2 Promotion via Selection to a Position of a Higher Classification..............,..........26
13.3 Compensation for Promotions........,...,........""".... '.........".." ",. ."., .........." ........ 26
13,4 Probationary Period .. .............. ....... '..... .....,..................."""""'.",,,..,...,,'..'......., 26
13.5 Inability to Perform .....,.... ....... ..........................'.....................,..'.'.............. .... ....26
SECTION 14 DEMOTION.......,. .................. ..................",..................,.,.,......"".."....,......."..., 27
14.1 Policy.....................................................,.."".,...............,.",...."....,.,...,............,. 27
14.2 Authority............... ......... ..... .............,. .....'."",'.'....".,...,.,.",.,."..."",....,.,'........., 27
14.3 Compensation.,.. ............. .................,....."........."...,......"",...""..,..."...,............ 27
14.4 Probationary Status..... ....... .................."",..,............"...."....."""",.......",...."... 27
14.5 Appeal Rights ............... ..... ..... .................,.........................................................27
SECTION 15 LATERAL TRANSFER................ ........ ..................... .........",..........'................... 28
15.1 Definition........ ..... ....... ..... ........... ...... .................................,............,.......,...........28
15,2 Authority............. ........... ........... ......,......,.",..",.............,'."'.'.."",..",, ..,..-.,.........,28
15,3 Procedure..,........................ ...... ........',........",."".",'........"""".""........."... ....,..28
15.4 Compensation ....... ......,......,. .............'.....'....",."""......""."""..,.,.,..,..,..,........., 28
15,5 Probationary Status.""....... ........,..........,,'.' ....".,.,.."",..."..""",...........,.",."",..28
SECTION 16 TEMPORARY ACTING POSITIONS ................................................................,29
16.1 Policy and Authority.........:...................................,.............,............,.................. 29
16.2 Compensation ....' .......... ...........................'.,..",'..,.......",."",."""",'............""" 29
SECTION 17 HOURS OF WORK.................................... .......,.....................................,........,.30
17.1 Definition...........,.... ........... ....... ......,.."....,.......'...,."....,'...'..............'.....,............ 30
17.2 Authority..... ............. ...... ..... ................................,.....,.............,....'..................... 30
17,3 Employee Responsibility.. .......... ................ ....."............""",..."..",.,....,.............30
17.4 Meals and Breaks.............................................................................................. 30
SECTION 18 ATTENDANCE ............. ....................... ...... ............................ .......... .......... ........31
18,1 General........ ...... .... ......... ............... .......... .................. ..................... ...................31
18.2 Punctuality ............. ...... ................. .......... .........""........................".........,..........31
18.3 Unapproved Absence from Work............. .......................",.............,...."............31
SECTION 19 APPEARANCE.... ........ ............... ..., ....,'... ...........,.........."..................................32
19.1 General Policy............. ..... ......... ................ ........... ...... ........ ..................... ..........32
19.2 Uniformed Personnel......... ............. ............. ................."." .....,.............., ...........32
19,3 Non-Uniformed Personnel.. ............. ...............................,'.... ....,.............,. ......,..32
TABLE OF CONTENTS
PAGE
SECTION 20 WORK WEEK AND PAY... .............. ....... ..... ,... .......... ............' ................... ... .....33
20,1 Work Week..... '........ .................................... ......................,..... ,....................,....33
20.2 Record Keeping and Pay......,............................................................................ 33
20.3 Pay Periods and Checks...... ............... ............ ..................'......................... .......33
20.4 Administrative Pay Corrections... ................. ....................."",.."........................34
20,5 Advances of Pay... ..........,..."............ ........ .... ......'"...., ....'..",..." ..... '......... .........34
SECTION 21 OVERTIME.......... .........."..........,. ....,..,..... ......................"........ ............... .........,35
21,1 Policy................. ....... .......... ................ ...... .................. ............................. ..........35
21.2 Definition.,.."....... ....", ....".."..,......,'........... ....................""..".",......................,.35
21.3 Authorization., ...,'.....,..,.............", .........,.,. .... ..................."",.,.".....,... .... '. '....,... 35
21,4 Overtime Call-ins .... ,.,.......'..."...."........... ..... .....................................................35
21,5 Overtime Distribution.........,......,....,.,........... ....,............................ ,........"",...",.35
21,6 Compensation. ......, ........... .........,........... .......... .......'.........'.... .................. .........35
21,7 Exempt Employees,.... ....... ............ ..... ...............',... ...........................................35
21.8 Failure to Follow Overtime Guidelines ............................................................... 36
SECTION 22 HOLIDAYS .....,.." ....... ........."......................................"...,.,...,.... ,...... .......,...."...37
22,1 Holiday 0 bserva nee ........................................................."............................... 3 7
22,2 Special Cases of Holiday Observance ...........................,..........,........................ 37
22.3 Eligibility.,.....,............ .....,....,.......,..,'....,......,. ........,...,.""."".."..............,....."...,37
22.4 Other Holidays not recognized by the City......................................................... 38
22,5 City's Right to Schedule Work on Holidays ........................................................ 38
SECT ION 23 LEAVE. . . ... ....... ......................................................... ..... .. . . .. , . ......, ........... ....... . .. 39
23, 1 G e n e ra I Pol i cy .......................................................,.........,..............,................,. 39
SECTION 24 VACATION LEAVE..........................................................................................,. 40
24,1 Rate of Accrual - Vacation Leave....... ..................................... ................ ..........40
24.2 Maximum Accrual - Vacation Leave ....... ................ .............. ......... ....................40
24.3 Eligibility - Vacation Leave................................................................................40
24.4 Use of Vacation Leave............................. ..... ..................................................... 40
24,5 Pay-Out Policy.......................................... .........................................................40
SECTION 25 SICK LEAVE,.... ....... ................ ......... ..... ........................",....... .... ..... ...... ...........41
25.1 Rate of Accrual - Sick Leave.. ................ .................. ........... .............. ..... ...........41
25.2 Maximum Accrual - Sick Leave .........................................................................41
25.3 Eligibility - Sick Leave.......................................................................................41
25.4 Use of Sick Leave. ..... ............ .... ...............................,........ ...... ........ ......... ......... 41
25.5 Sick Leave Buy Back Plan............ .....................................................................41
25.6 Sick Leave Use for Early Retirement ..................,..............................................42
25.7 Donating Accrued Sick Leave............................................................................42
TABLE OF CONTENTS
PAGE
SECTION 26 FAMILY AND MEDICAL LEAVE POLICY ......,...................................................43
26,1
26,2
26,3
26.4
26,5
26,6
26,7
26,8
26,9
26.10
Policy.,..",.,....., .....,........ .......' ........ ...... .....,.........'""""..,........,..""""..........' .....43
Eligibility"",...".......,., ..,... ......... ..., ,...,.................'",."'..'.".'""."".,.,,...... '...,. ......43
Reasons for Family and Medical Leave .............,.........,...,.................................43
Requests for Family and Medical Leave - Advance Notice........,...........,...........43
Use of Accrued Vacation and Sick Leave ..........................................................43
Medical Certification Required .......... ........, ..'.......'.............,......,...... '....... ...... .... 44
Serious Health Condition Only.. ........... ..... ..................."......',..,.'..... ........... ......,44
Intermittent or Reduced Schedule FMLA Leave...............................,.................44
Ben e fi ts "',.."....,...".............,............"....................",..,.,................................... 44
Return from FMLA Leave... ........... ...............'.. .......,..""",'....,. ........,......,..........,45
SECTION 27 M ILlT ARY LEAVE.......... ........ ..........,. ..... ..............,.,..,..'..........,..."",......,.....,.,.. 46
27,1 Policy""",.",.."...................."..........................,...,.,........,......."..""................... 46
27,2 Procedure",.." ............. ........ .............. ...... ......."....,.,'.....,...,....,..,.............,... ......46
27,3 Compensation.....".. ............ ..... ....................,....,.........,.."",....,......'......" ..........46
27.4 Benefits.................... .......... .................. .............,........",,'.'...'...............,.... ........46
27.5 Exceptions.... ...... ........ ................ ..... .... ...........,.................,.... .......... ................... 46
SECTION 28 CIVI L LEAVE.......... ............. ,................................,.........,..............,.......,..........,47
28,1 Purpose".,.......,....,........,.....,.. ............,..,........','..".".'..."..,."",'............",...",,'. 4 7
28.2 Procedures.... ......, ...........,...........,........"............,..,....,..,.,.,...,."..""....,.,.,.,.."", 4 7
28.3 Compensation........ .........,.... .................,..""""",'.....,.".".,.,'...".",."'...,..,.,...,,, 4 7
28.4 Overtime Eligibility........ ...:.... .................. ........................".,...............................47
SECTION 29 BEREAVEMENT LEAVE ............. ...... .............................,'....' ..........,....,............,48
29,1 Purpose..,..... ............. ................ ........ .............................................,.................,48
29.2 Eligibility and Procedures................ ........................,'..',.............".,'................... 48
29.3 Additional Time Off. '............... ........ ................ .....,................ ......'............ ..........48
SECTION 30 LEAVE WITHOUT PAy....... ......... .................. ..... .............. ....................... .........49
30.1 Purpose............................................................................................................. 49
30,2 Leave Without Pay..........................................................".... .............,........ .......49
30.3 Benefits ...... ....... ............................................... .................. ...............................49
SECTION 31 OCCUPATIONAL INJURYIDEA TH ................................... ............ .........,...........50
31.1 Injury Procedures.. ............................ .... .........."........,....... ......,.....,..,....,. ...........50
31,2 Occupational Death ................... .............. ........ ..............,.'.., ..................... .........50
SECTION 32 RETIREMENT, INSURANCE AND UNIFORMS ................................................51
32.1 Employee Retirement ............. ...................... ........................ ................. ............ 51
32,2 Life Insurance...... ..... ................... .... .............,......'"'......,.,....,..',,,,'.................... 51
32,3 Health Insurance and Long Term Disability........................................................ 51
32.4 Vision, Dental and Optional Life Insurance ........................................................51
TABLE OF CONTENTS
PAGE
SECTION 32 RETIREMENT, INSURANCE AND UNIFORMS (CONTINUED)
32,5 Continuation of Coverage Rights .. ......... .................,..................,.,...,................. 52
32.6 Worker's Compensation Insurance ...... .........,.............................................,..,..,52
32.7 Uniforms,.,....".." ...... ...... ....,..... .... ......... .......,..'.',..,."",'.."""""""",'.....",'.,,'.., 53
SECTION 33 SEPARATION .................,..............,.......'.,.,.'....,.,....."....... .....................,..., ..,., 54
33,1 General...."....,."..............,.,...................,...................,..,...............,..,..........,...,.. 54
33,2 Voluntary Resignation. ..... .... ........ ..........',..,...' ...,............"."............,....,......,...,.54
33.3 Retirement.....,."... ...... ..... ......, ,............,.""...",. ,.'....... ,.,.,..,.,.........,.,.,."",.,..,..,,54
33.4 Separation for Disability... .....,............................................,."",..".........".......,.. 54
33,5 Resignation Due to Unauthorized Absence........................................................ 54
33.6 Discharge.,..",.... ...... ..... ........... .......... ..... .... .................".,.,.,.,...........,..,..........,.54
33,7 Separation Due to Death................................................................................... 55
33,8 Exit Interviews... ........... ........ .......................... ................,.....,...............,.."""...,55
33.9 Benefits upon Departure ...... ............................ ........... ...................................,...55
SECTION 34 LAYOFFS AND RECALL ............. ........ ............. ................................................. 56
34.1 Layoffs...,..,..""... .......... ......'..... ........... .......... ....~...........""..".,....."""....".,.""., 56
34,2 Criteria for Layoffs",................. ......,.....".................".....",..,."......,....,."",..,..." 56
34,3 Layoff Procedures....., ........,.............,.............................."...",....'......".." ,......".56
34,4 Recall ....................................................................,....,...."...,...,.....................,., 5 7
34.5 Severance Pay..,...... ...... ....... ..... ....................."...,.......,."".,.,..,..,.""",.."...""., 57
SECTION 35 DISCIPLINE OF EMPLOYEES.. ......... .......... ..................................................... 58
35.1 Purpose.............. ........ ........ .............' .................................,."...,....,..".,.",......,., 58
35.2 Intent.....,............. ......,........... .......... ................ ..............."""............,..........,....,58
3 5,3 Eli g i b i I i ty .. . . . , .. . .. .. . .. . .. . . , .. .. .. . . . .. .. . .. .. .. . .. . .. .. . .. , .. . . . . .. .. . . . . . . . .. . . . . . . . . , .. . , . . , . . . . . .. . , : , . , . . , , , , . 58
35.4 Considerations in Applying Discipline ................................................................58
35,5 Progressive Discipline..... ................................. .....................".........,....",......,..,58
35,6 Types of Action,.... .............. ...... .................. ....... ...................,..............,......."...,59
35.7 Disciplinary Action Procedures ....... .......... ........... ............,..............""",.....,."",60
35.8 Exception to Provisions of this Section ..............................................................60
35.9 Schedule of Recommended Disciplinary Penalties ............................................60
SECTION 36 EMPLOYEE APPEAL AND GRIEVANCE PROCEDURES ................................65
36.1 General Policy.. ........ ....... ....... ............. ....... ............. ............'.... ......................,.,65
36.2 Appeals Involving Discipline............................................................................... 65
36.3 Grievance Procedures. ...... ....................................,.......,...,.,................"..."""" 65
36.4 General Provisions of the Grievance Procedure ................................................66
SECTION 37 EMPLOYEE SELF IMPROVEMENT AND EDUCATIONAL PROGRAM ............68
37.1 General Provisions ...... .......... .......... .......... .....................,.... ........,..................... 68
37.2 Educational Reimbursement..........................................,..................,.............,.. 68
37.3 Elig i b i lity for Partici pa tion ......... .............................. . ....... , . .... ......, .. ... .., , . .., ....... . .. 68
37.4 Application Procedure..... ......,.........................................,........,..........,.,.......,.... 68
TABLE OF CONTENTS
PAGE
SECTION 37 EMPLOYEE SELF IMPROVEMENT AND EDUCATIONAL PROGRAM (CONT.)
37,5 Agreement and Certification by Employee ,............,..............,.....,.,......,.............68
37.6 Completion of Courses and Reimbursement of Expenses ............................,....69
37,7 Retirement or Death..,........... .................................,....,..,.."...........,..................69
SECTION 38 TRAINING AND CONFERENCE ATTENDANCE ..............................................70
38,1 General."..,..."..".... ........... .................. ..........,.......,....,',..,...",..................."...,.. 70
38,2 Procedure.......,........".,...."....... ............,...,',...,',..........."".,....",..,..................... 70
SECTION 39 TRAVEL POLiCy".............,.... .................".,...........",.....",.."",."...,...,.............. 71
39 .1 Travel Policy...................................................................................................... 71
39.2 Travel Expenses,.... .......,..,......' ........ ,............,'....... ............"".,......,......,...........71
39.3 T ravel Advances...................................,..,........,.,.............",.,...,........................ 71
39.4 Reimbursement Procedures ........,. ....... ..............,...........""""..,........................72
39,5 Accidents While Traveling....,................................,...............................,............ 72
39.6 Ab use ............"............,..,...................,.."".....................,......,.".......,."..........,.. 7 2
SECTION 40 SAFETY PROGRAM & PROCEDURES ............................................................73
40.1 Policy Statement............... .......... ...,...........................,....."",............................. 73
40,2 City Manager's Responsibility..,.................,......................................................, 73
40.3 Supervisor's Responsibility..... ....... ..................................,.'...... ,........................ 73
40.4 Employee Responsibility,............ ....... .................,.,.............",.....,......,..,............ 74
40,5 Safety Committee ......................., ......,..."......,.,.",........",.,.,...."....,...,...,.......".. 7 4
SECTION 41 DRUG-FREE WORKPLACE.... ...... ........ ...... ....................,........ '... '..,.................. 75
41.1
41,2
41.3
41.4
41.5
41.6
41.7
41.8
41.9
41.10
41.11
Drug-Free Workplace Policy.. ......... ...................,...........,'....................... '....,..,.. 75
Purpose of the Drug-Free Workplace Policy...................................................... 75
Prohibited Substances.......... ......... ............ ...... ....."..... ....,..,.......,'........... ...........75
Prohibited Conduct........ .......... ..............................................................,. ..........75
Drug Testing...,... ........ .......... ........... ........'... ......,'...................,......", ,......,.....,.... 76
Consequences of a Positive Drug Test.............................................................. 76
Voluntary Treatment ... ............... ........... ............... ..... ........ .... ........... ....... ...........76
Involuntary Treatment.. ........ ....... .......... ........................................., ....... ........,...76
Failure to Submit to or Complete Treatment ......................................................76
Recurrence of a Substance Abuse Program ......................................................76
Commercial Driver's Licenses.. .......... ....................... .....................,....... ............77
SECTION 42 USE OF TOBACCO IN THE WORK PLACE...................................................... 78
42.1 Purpose ........ ............. .............. .................. ............................. .......,.. ................. 78
42.2 Smoke Free Areas. ........ ........ ................... ................ ................'.....................,.. 78
42.3 Smoking by Employees ....... ............. ........ .............. ................ ...........................78
TABLE OF CONTENTS
PAGE
SECTION 43 OUTSIDE EMPLOYMENT... ......... .....,...........................,............'....'................. 79
43.1 Policy................ .............. .................,...... ....,.......,..,.........."......................,........ 79
43,2 Procedures ..... ....................................,..,........",.".."""".",.,.",...........,....." ....,.79
SECTION 44 HARASSMENT......................... ............. ....,......,..,..............,..,. ,......,. ......... ........ 80
44.1 Policy.... ................................................,.....,.......,...,..........,............................... 80
44.2 Employee Responsibility.....,...........,.."..",.",.."""""....."......,.........,...",.." ......,80
44.3 Supervisory Responsibility........................................,........................................ 80
SECTION 45 NEPOTISM ........... ......,.. ....,...,..............................,............................................ 81
45.1 Purpose ....... ................ ...................................,.....................................,...........,81
45.2 Hiring. ..... ............... .................,............"...,."",.."""."..,.,.,....,."".,.......",.,...,.". 81
45.3 Marriage ..... ....... ........... ...... .... ....... ..."......."....""".,...,.",......",........"""..,...."" 81
45.4 Personal Relationships ...........,..................".,.,.".",..,.."""....."."........,.",......". 81
SECTION 46 SOLICITATION, DISTRIBUTION AND VISITORS .............................................82
46.1 Purpose..... ................................................. . .... . . . . .. . .. .., .. . ' . . , '..' . .... . , . , . ...... . .. ... .. . . , 82
46.2 Visitors........ ...... ...............,..'....".....,..,.. ...,."......,.,...,.".",.,...."."..,.""..,..""""., 82
46.3 Solicitation ...... ................,.....,..,..,..,........""......",."...."..."""....."..,.....,."........, 82
SECTION 47 POLITICAL ACTIVITY ......... ..... .....................................,.,........,.....,.....,....,......,83
47.1 Employees Seeking Elected or Appointed City Office ........................................83
47.2 Membership in a Political Party.......................................................................... 83
SECTION 48 MISCELLANEOUS PROVISIONS ... ...........................:...................................... 84
48.1
48.2
48.3
48.4
48.5
48.6
48.7
48.8
48.9
48.10
Valid Driver's License.............,.......... ...."."......".",..,...",.,.,.,.,....",........,.."".... 84
Use of City Owned Equipment and Vehicles...........,.......................................... 84
Federal Emergency Management Act.. .........................,...............,....................84
Emergency Closings .......,..'. ....... ........ ............,',.."..,.....".".,...."...."""..",..,.",. 84
Public Relations/Complaints." ........... .......,....."""......".,.",......,....., ....",........".84
I nformation Regarding Life-Threatening Illnesses..........................,................... 85
Recycling........................................................................................................... 85
Return of Property ..................... ......................... ,:,... .....,......,............................85
Use of Phone, Mail and Computer Systems....................................................... 85
Reference Checks ................. ..........................".............."..... ................ ......,....85
SECTION 49 DEPARTMENT HEADS
49.1 Policy........... ................ ............... .................. ......,................................... ...........86
49.2 General Provisions .................... ............. ........,.....,..",...,...............,.......,. ..........86
49.3 Separation from Employment.... .......................,........,.,.................. ......,..........".86
49.4 Review of Termination Decision.............................................................,........,.. 86
49,5 Benefits Upon Termination....,.......... ...............,.............."................................. 86
SECTION 50 CODE OF CONDUCT,......, ....................................,.....,.,.,....,.. ......,. ......., .......,..87
GENERAL PROVISIONS
I. PURPOSE OF THIS MANUAL
The objective of this manual is to set forth the personnel policies of the City of Winter
Springs and, if followed, it should ensure reasonable, fair, and equitable treatment for all
City employees,
II. POSITIONS COVERED BY THIS MANUAL
With the exception, of the positions listed below, the rules set forth in this manual shall
apply to everyone employed by the City,
A. Members of the City Commission
B, City Manager
C. City Attorney
D, Employees covered by a collective bargaining agreement as provided
according to the terms of the agreement.
E, Contractual Employees
F. Appointed Members of Boards
G. Temporary or Seasonal Employees
III. AMENDMENT AND REVISION OF RULES
Amendments and revisions to these rules shall be approved and ratified by resolution
pursuant to Section 14-1 of the City Code of Ordinances of the City of Winter Springs.
IV. APPLICATION OF THE RULES
All positions existing and hereinafter created within the City's service, except those listed
in II above, shall be subject to the rules and procedures in this Manual, or as are set
forth by action of the Commission. This document is not to be construed' as creating a
contract, or a property right or interest in employment, or an expectation of employment
for a definite term, An employee is free to terminate employment at any time, and the
City retains the same right. The provisions of the Personnel Policies have been
developed under the direction of the City Manager, and may be amended or cancelled at
any time, at the City of Winter Spring's sole discretion.
V. PERSONNEL
The employees who work for the City of Winter Springs are its most important resource.
The City believes the working conditions, wages, and benefits it offers to its employees
are competitive with those offered by other employers in this area and in this industry. If
employees have concerns about work conditions or compensation, they are strongly
encouraged to voice these concerns openly and directly to their Department Heads.
Our experience has shown that when employees deal openly and directly with
Department Heads, the work environment can be excellent, communications can be
clear, and attitudes can be positive, We believe that the City of Winter Springs amply
demonstrates its commitment to employees by responding effectively to employee
concerns,
City of Winter Springs
Pagei
GENERAL PROVISIONS
As some employees in the City of Winter Springs have already chosen third party
representation, we affirm our commitment to retaining positive relationships with all
existing bargaining units. If and when other employees examine the option of union
representation, however, we strongly encourage careful consideration of such related
issues as regular deductions from paychecks for union dues, the potential for outside
interference with Department Head relationships, and the commitment to comply with
directions from unions.
City of Winter Springs
Pageii
SECTION 1
SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY STATEMENT
1.1 Policy Statement
It is the policy of the City of Winter Springs to provide equal employment opportunities
for all qualified persons, and to prohibit discrimination in employment with regard to
marital status, veteran's status, race, color, citizenship, religion, national origin, sex, age
or on the basis of disability.
1.2 Equal Employment Objectives of the City
The following Equal Employment objectives are designed to provide compliance with
applicable Federal, State, and local laws relating to non-discrimination in public
employment and service and to assure that:
· All the City's employees, including Department Heads and supervisors
actively support and implement Equal Employment.
· Conditions of employment, recruitment and hiring practices are in accord with
the intent of the Equal Employment Statement.
· Monitoring and periodic evaluation of the Equal Employment Statement
effectiveness take place.
1.3 Responsibility for Implementation
Policy direction and program effectiveness are the responsibility of the City Commission.
The implementation of the Equal Employment Opportunity policies is the responsibility of
the City Manager. Supervisory personnel will be responsible for implementation at their
respective levels.
A report shall be prepared by the City Manager, as may be required by the City
Commission, regarding personnel activities including new hires, promotions, demotions,
and terminations. Such reports will be used to assess the continuing effectiveness of
the City's equal opportunity program. It is also the responsibility of the City Manager
from time to time to recommend to the City commission that the Personnel Policies be
amended to comply with revisions in State and Federal Law.
Any employees with questions or concerns about any type of discrimination in the
workplace are encouraged to bring these issues to the attention of their immediate
Oepartment Head. 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.
1.4 Complaint Procedure for Equal Employment Opportunity Issues
Employees shall have the right at any time to request consideration of any equal
opportunity compliance. The submission of a complaint shall in no way adversely affect
the employee or employment with the City. Any employee who feels aggrieved or
desires to appeal a decision regarding employment with shall advise the Oepartment
Head in writing. Further, any employees with questions or concerns about any type of
discrimination in the workplace are encouraged to bring these issues to the attention of
City of Winter Springs
Page 1
SECTION 1
SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY STATEMENT
their immediate Department Head. The opinion of the Department Head shall be
forwarded to the City Manager. The City Manager shall arrange for joint discussion with
the employee and the Department Head. The decision of the City Manager shall be
final.
City of Winter Springs
Page 2
SECTION 2
SUBJECT: DEFINITIONS
As used in these rules, unless the context clearly requires otherwise, the following words shall
have the meaning herein given them.
2.1 Alcohol Abuse
"Alcohol abuse" means the ingestion of alcohol or alcoholic beverages, on or off-duty,
which adversely affects the employee's ability to perform his or her job duties.
2.2 Allocation
The assignment of a position to its appropriate pay grade in relation to duties performed.
2.3 Anniversary Date
The recurring date of original appointment or the date of promotion, demotion, or
reclassification, whichever is the last to occur, except that such shall be adjusted for
suspensions, unauthorized leaves of absence, and separation and re-employment.
2.4 Appeal
An application for review of an alleged grievance submitted or instituted by an employee
to higher authority.
2.5 Applicant
An individual having completed and submitted an application for employment with the
City.
2.6 Appointment
The offer provided an individual and acceptance for a full-time, part-time, tempo"rary or
seasonal position. A temporary appointment shall terminate automatically upon
completion of the project necessitating the appointment.
2.7 Assembled Examination
An examination to be taken by appliCants who are required to appear at a specific place
for the purposes of taking the exam.
2.8 Certification
Documentation used for the purpose of demonstrating proof of meeting required
standard.
2.9 Class/Classification
A position or group of positions having similar duties and responsibilities, requiring
similar qualifications, which can be properly designated by one title indicative of the
nature of the work and which carry the same salary range.
City of Winter Springs
Page 3
SECTION 2
SUBJECT: DEFINITIONS
2.10 Class Description
A written description of a class consisting of a title, a general statement of the level of
work and of the distinguishing features of work, example of duties, and the desirable
qualification.
2.11 Class Specification
A written statement describing the duties and responsibilities and minimum qualification
requirements of a position.
2.12 Close Relative
Members of the employee's immediate family including spouse, parent, child, or sibling;
spouse's parent, child, or sibling; the employee's child's spouse; grandparents or
grandchildren.
2.13 Compensation
The standard rates of pay which have been established for the respective classes of
work, as set forth in the compensation plan.
2.14 Complaint
An informal charge and/or accusation due to some displeasure or annoyance.
2.15 Continuous Service'
Uninterrupted employment in the classified service except for authorized leaves of
absence.
2.16 Demotion
The voluntary or involuntary assignment of an employee to a position in a lower pay
class; that is, having a lower maximum salary than the class from which the assignment
is made. Demotions involve an actual decrease in duties, responsibilities, and
associated stresses from the previously held position.
2.17 Department
The primary organizational unit which is under the immediate charge of the Department
Head who reports directly to the City Manager.
2.18 Department Head
Department Heads shall be defined as the City Clerk, Community Development Director,
Finance Director, Fire Chief, General Services Director, Parks and Recreation Director,
Police Chief, Public Works / Utility Director, and any other future positions carrying the
title Department Head as established by the City Commission. The term also includes a
designee of a Department Head.
City of Winter Springs
Page 4
SECTION 2
SUBJECT: DEFINITIONS
2.19 Dismissal
The act whereby an employee involuntarily discontinues employment with the City.
2.20 Drug Abuse
"Drug abuse" means the ingestion of any controlled substance as defined in Section
893.03, Florida Statutes, as amended, not pursuant to a lawful prescription. The term
drug abuse also includes the commission of any act prohibited by Chapter 893, Florida
Statutes, as amended.
2.21 Eligible
A person who has met in a satisfactory manner the qualification required by a particular
job description.
2.22 Eligibility List
The ranking of applicants who are eligible for a vacancy according to the order of the
overall qualifications of the position.
2.23 Employee
An individual employed and compensated by the City. Individual or groups compensated
on a fee basis are not included.
2.24 Examination
The process of testing, evaluating, or investigating the fitness and qualifiCations of
applicants and employees.
2.25 Full-Time Employee
Any employee working a minimum of a forty (40) hour week in either a regular or
probationary position budgeted on an annual basis.
2.26 Grievance
A matter where an employee feels wronged and brings the matter to the attention of
management for correction. All grievance matters are considered a formal expression of
complaint and must be filed in writing in accordance with defined procedures.
2.27 Harassment
Slurs, jokes, and other verbal, graphic, or physical conduct relating to an individual's
race, color, sex, religion, national origin, citizenship, age, or disability. Also includes
sexual advances, requests for sexual favors, unwelcome or offensive touching, slander
or spreading rumors as to another's sexual preferences or behavior, and other verbal,
graphic, or physical conduct of a sexual nature.
City of Winter Springs
Page 5
SECTION 2
SUBJECT: DEFINITIONS
2.28 Immediate Family
Includes the employee's spouse, parent, child, or sibling; spouse's parent, child, or
sibling; the employee's child's spouse; grandparents or grandchildren.
2.29 Layoff
The involuntary separation of an employee from City government occurring as a result of
a non-disciplinary event.
2.30 Leave
An approved type of absence from work. The types of leave include Holiday Leave, Sick
Leave, Vacation Leave, Compensatory Leave, Leave Without Pay, Family & Medical
Leave, Bereavement Leave, and Workers' Compensation leave.
2.31 Overtime
Overtime occurs when a non-exempt employee works more than 40 hours within a work-
week, as dictated by contract for emergency services employees, and the City in
accordance with the Fair Labor Standards Act.
2.32 Overtime Pay
Compensation paid to an employee in excess of their total normal working hours as
required by the Fair Labor Standards Act and/or the City.
2.33 Part-Time Employee
An employee working less than 30 hours per week who is paid on an hourly basis for
those hours actually worked and who is not entitled to City benefits. This definition does
not include volunteer Firefighters or reserve Police Officers.
2.34 Pay Plan
A plan which assigns all positions within the City to a pay grade.
2.35 Pay Rate
A specific dollar amount, expressed as either an annual rate, or an hourly rate as shown
in the salary range schedule.
2.36 Pay Status
An employee who is physically at work or is on approved leave with pay.
2.37 Performance Pay Increase
Any increase in compensation established in the Personnel Evaluation System which
may be granted to an employee based on performance.
City of Winter Springs
Page 6
SECTION 2
SUBJECT: DEFINITIONS
2.38 Physical! Agility Test
A comprehensive medical examination consisting of tests of bodily condition, muscular
strength, ability and physical fitness of competitors to perform the class of position to
which employment is being sought.
2.39 Position
A group of duties assigned to one person or job.
2.40 Probationary Employee
Any employee who is serving a probationary period following original appointment
(hiring) or following promotion.
2.41 Probationary Period
A period of six months following hiring during which the employee's performance is
carefully evaluated (that is, interim evaluations will occur after two and four months) to
determine if the individual should become a regular employee. Sworn Police Officers
and Firefighters shall serve a one year probationary period and shall be evaluated at
least quarterly to determine if they should become regular employees.
2.42 Promotion
The assignment of an employee to a position in a higher class having a higher maximum
salary than the position from which the assignment is made.
2.43 Promotional Examinations
An eligibility test for qualified employees to determine the relative standing of
applications for positions in the specific class to include employees working in a specific
pay grade in all departments of the City. The employee's last service rating must have
been satisfactory and a promotion must not have been received by the employee during
the prior 12 months.
2.44 Qualifying Event
A qualifying event occurs when an employee no longer meets the requirements to be
eligible for health insurance. Examples included are resignation, termination of
employment, death of an employee. a reduction in an employee's hours or a leave of
absence, divorce or separation, and a dependent child no longer meeting eligibility
requirements.
2.45 Regular Employee
An employee who has been appointed to a regular full-time or part-time position in the
classified service in accordance with the provisions of these rules upon completion of a
probationary period.
City of Winter Springs
Page 7
SECTION 2
SUBJECT: DEFINITIONS
2.46 Resignation
A planned separation initiated by the employee.
2.47 Retirement
A voluntary employment termination initiated by the employee meeting age, and any
other criteria for retirement from the organization.
2.48 Salary Range
Specific salary range assigned to a pay grade for an assigned position.
2.49 Smoking
"Smoking," means inhaling, exhaling, burning or carrying any lighted smoking equipment
for tobacco.
2.50 Suspension
An enforced leave of absence for disciplinary purposes with or without pay.
2.51 Temporary Employee
An employee holding a position other than regular, except as provided in the rules,
which is of temporary, seasonal, casual or emergency nature. A temporary employee is
not entitled to City benefits.
2.52 Temporary Position
A position that is not designated and budgeted as a regular position.
2.53 Transfer
The voluntary or involuntary change of an employee's assignment from one position to
another position which is at a substantially similar level.
2.54 Unassembled Examinations
Examinations administered on an individual basis under circumstances whereby
applicants are not available in sufficient numbers to justify holding an assembled
examination as authorized by the Department Head. Unassembled examinations shall
be administered continuously and at regularly established times until the position is filled.
2.55 Vacancy
A position existing or newly created, which is not occupied, and for which funds are
available.
City of Winter Springs
Page 8
SECTION 2
SUBJECT: DEFINITIONS
2.56 Work Area
"Work areas" are all areas on the City's premises other than employee break rooms and
lunchrooms.
2.57 Work Day
The scheduled number of hours an employee is assigned to work.
2.58 Work Period
The scheduled number of hours an employee is assigned to work during a work cycle,
for which the employee receives a paycheck. This may also be known as the Pay
Period.
2.59 Work Time
"Work time" is all time on the premises other than before and after work, at meal periods
and break times, during which an employee is performing duties and responsibilities for
the city.
2.60 Work Week
The scheduled number of hours an employee is assigned to work during a calendar-
week.
City of Winter Springs
Page 9
SECTION 3
SUBJECT: PERSONNEL ADMINISTRATION
3.1 Responsibility for Administration
The City Manager is responsible for developing and administering the City's personnel
system including:
1. The classification plan for all City positions based on duties, authority, and
responsibility of the positions.
2. Pay plan for all City positions.
3. Methods for determining the merit and fitness of candidates for appointment or
promotion.
4. The policies and procedures regulating the reduction in the work force (i.e., lay-offs)
and removal of employees.
5. The hours of work, attendance regulations and provisions for sick and vacation
leave.
6. The policies and procedures governing persons wishing to examine personnel
records pursuant to Chapter 119, Florida Statutes.
7. The policies and procedures governing relationships with employee organizations.
8. Policies regarding in-service training programs.
9. Other procedures and practices necessary to the administration of the City personnel
system.
3.2 Role of the General Services Director
While the City Manager is ultimately responsible for the administration of the personnel
system, the General Services Director has been delegated day-to-day management
responsibility for the system and the records. Specifically, the General Services Director
shall provide advice and guidance to the City's managers and employees. The Human
Resources (HR) Coordinator shall maintain the employee's official personnel files.
Materials maintained in departmental files are informal and informational only.
3.3 Personnel Files
One of the key functions of the HR Coordinator is to maintain the individual employee's
personnel file. The information which should be in each file is listed as follows:
· Employment Application;
· Employee Address, Telephone Numbers and Emergency Contacts;
· City of Winter Springs employment history;
· Employee acknowledgement of policies manual;
· Attendance cards, as applicable;
· Hospitalization and Life Insurance forms;
· Personal History record;
City of Winter Springs
Page 10
SECTION 3
SUBJECT: PERSONNEL ADMINISTRATION
· New employee data record;
· Performance Evaluations;
· Changes in personnel status;
· Exit interview report, if applicable;
· The employee's response, if any, to any detrimental material;
· Miscellaneous forms/records relating to employee;
· Immigration and Naturalization Service's 1-9 Form;
· Demographic or analytical data required;
· Beneficiaries, dependents, marital status; and
· Background investigation reports, if applicable.
The Human Resources Coordinator may require employees to provide information
necessary to maintain or procure demographic or analytical data regarding City of Winter
Springs employees.
3.4 Personnel Changes
Employees shall notify the Department Head whenever changes need to be made in the
personnel records regarding change of address, marital or dependent status, home
telephone number, or emergency contact information. The Department Head shall
forward this information to the Human Resources Coordinator.
Before any change in an employee's status is implemented, the appropriate form must
be completed and the required approvals obtained.
3.5 Inspection of Persol1nel Records
Requests for appointments to inspect personnel records may be made by telephone, in
person, or in writing and directed to the Human Resources Coordinator. Appointments
will be granted within a reasonable amount of time.
Employment records shall be open for personal inspection by any person with the
exception of the following information:
· Addresses, telephone numbers, and other personal identification information
of police officers, firefighters, former police officers, former firefighters, as well
as the children and spouses of these employment categories pursuant to the
provisions of Chapter 119, Florida Statutes; and
CI Medical records and documents relating to any complaints of discrimination
relating to race, color, religion, sex, national origin, age, handicap or marital
status. (Documents relating to complaints of discrimination are kept separate
from individual personnel files until a finding is made relating to probable
cause, the investigation of the complaint becomes inactive, or the complaint
or other record is made part of the official record of any hearing or court
proceeding.)
City of Winter Springs
Page 11
SECTION 3
SUBJECT: PERSONNEL ADMINISTRATION
The individual originating the request may make any desired compilations. analyses, and
summaries while inspecting the records. Photocopies are available upon request based
on a fee schedule adopted by the City and will be made by the Human Resources
Coordinator or by the person making the request under supervision.
City of Winter Springs
Page 12
SECTION 4
SUBJECT: RECRUITMENT
4.1 Recruitment - General
The goal of the City of Winter Springs is to select the most qualified individual without
fegard to race, color, religion, national origin, sex, marital status, age, citizenship,
disability, or any other basis prohibited by law. Employment decisions at the City of
Winter Springs will be based solely on merit, qualifications, and abilities.
The City treats all job candidates uniformly and gives consideration to internal promotion
and affirmative recruitment.
4.2 Approval of Recruitment
When a vacancy occurs, the Department Head shall notify the City Manager and obtain
approval to fill the position.
4.3 Vacancy Announcement
Upon approval of the City Manager, the General Services Director or designee shall
prepare a vacancy announcement outlining the nature and requirements of the position.
4.4 Sources of Applicants
All job vacancies below the level of Department Head shall be posted in-house for a
period of one week for promotional Of transfer consideration.
Where an in-house appointment for the position does not occur, advertisements for the
position shall be placed in the media to attract as many qualified persons as is
economically feasible and prudent. Other sources of applicants which may be used are:
· The Florida State Employment services;
· Active applications on file; and
· Organizations focused on reaching minorities, women and handicapped
individuals.
4.5 Recruitment Area
Individuals shall be fecruited from a geographic area as wide as is necessary to obtain a
qualified pool of applicants.
4.6 Employment Services - Prohibition
The City shall not pay placement fees to employment services, or place orders with
commercial employment agencies without prior approval of the City Manager.
City of Winter Springs
Page 13
SECTION 5
SUBJECT: HIRING
5.1 Application for Employment
All candidates for positions in Winter Springs shall complete the City's official application
which shall include at least the following: the employee's educational credentials,
employment history, licenses, and references.
Falsification or deletion of pertinent information, orally or in an application, shall result in
immediate termination of the interviewing process or of employment.
5.2 Interviewing
All applications shall be carefully screened by the City Manager or designee. The most
highly rated applicants will be forwarded to the appropriate Department Head for further
review and for interviewing.
5.3 Testing
The applicant may be tested for specific skills which are required to fulfill the duties of
the vacancy. Such tests shall be designed and the parameters for satisfactory
completion shall be promulgated by the Department Head and approved by the City
Manager. Such tests may be designed for both outside recruitment and promotional
purposes. Tests may'be assembled or unassembled. All testing shall be consistent
with State and Federal regulations concerning employee selection.
5.4 References
The Department Head'or designee shall make all necessary contacts for the purpose of
checking references. Should applicants be offered a position prior to the reference
checks being completed, they will be notified the offer is conditional upon the results of
the reference checks.
5.5 Former Employees
A former employee may be rehired providing his/her qualifications meet the
requirements of the position and was in good standing at the time of separation.
A former employee who is rehired shall be processed in the same manner as a new hire.
For purposes of computing benefits due, a rehired employee shall be considered as a
new appointment and shall serve the required probationary period. This provision may
be specifically waived by the City Manager.
5.6 Employment of Minors
All persons employed by the City shall be a minimum of 16 years of age. Where it is not
possible to recruit a qualified applicant who has reached majority, employment of a
minor shall be conducted in accordance with the State of Florida Child Labor Law.
Prior to employing a minor under 18 years of age, the City Manager or designee shall
complete an Application for Employment Certificate. This form can be obtained by the
minor from the school district or such other office designated by the Superintendent to
issue certificates.
City of Winter Springs
Page 14
SECTION 5
SUBJECT: HIRING
Unless married, all minors at time of hire shall be required to have an Age Certificate.
This certificate shall be obtained through the same channels as the Application for
Employment Certificate.
The Employment Certificate and the Age Certificate shall remain in the employee's
personnel file.
5.7 Pre-Employment Physicals
All employees may be required to submit to a physical examination. Anyone whose
examination indicates possible substance abuse will not be hired.
5.8 Selection and Notification of Offer
The Department Head shall select the applicant whose qualifications most closely meet
the requirements of the position. Once that is done, the Department Head will notify
Human Resources of the selection which will obtain the City Manager's approval. Once
granted, the General Services Director or designee will tender a conditional offer of
employment.
5.9 Trainees
From time to time, the City may not be able to recruit fully qualified applicants. In such
cases, the Department Head may request someone without the minimum qualifications
be appointed as a "trainee." The category is used to train people on-the-job who have
the potential to do the work but lack some of the essential skills or experience. Under
normal circumstances'the time a person remains in a trainee category is between six (6)
months and twelve (12) months, but depends on the skills or experience needed in
individual cases and/or certification requirements. The City Manager may extend the
"trainee period" until the requirements are met up to but not to exceed a maximum of an
additional twelve (12) months.
In such cases, the employee can be hired at a rate of up to ten percent (10%) below the
minimum salary. Once he/she has attained the minimum qualifications, he/she shall
receive a salary increase to the minimum.
5.10 Disqualification of Applicants
The City Manager or the Department Head may remove any candidate from further
consideration for reasons including, but not limited to, the following:
· Does not possess the minimum job-related qualifications;
· Has established an unsatisfactory employment or personnel record as
evidenced by the reference checks;
.. Is unable to provide proof of citizenship or that he/she is a legal immigrant;
City of Winter Springs
Page 15
SECTION 5
SUBJECT: HIRING
· Has made false statements or practiced deception orally or in the application;
and/or
· Fails to accept appointment within two days or fails to report for duty within
the time prescribed in the employment offer.
5.11 Application Files
Applications of unsuccessful candidates shall be retained for a period of one year for
subsequent review for future openings.
Applicants who are disqualified due to falsification or omission of pertinent information or
failure to accept appointment within the time prescribed in the offer shall be entered into
a closed file and not reconsidered.
The Fire and Police Departments have and maintain a hiring eligibility list.
5.12 Reporting for Duty
A new employee shall be instructed to report directly to the assigned department on the
first day of work after which the various forms necessary for employment with Winter
Springs shall be completed.
City of Winter Springs
Page 16
SECTION 6
SUBJECT: MEDICAL EXAMINATIONS
6.1 Medical Examinations
Upon acceptance of a conditional offer of employment, all prospective employees may
be required to undergo a medical examination. It will be conducted by a City designated
physician and will be sufficiently comprehensive to determine if the employee meets
accepted standards of health for the position. It may include tests of health, physical
agility and for illegal substances. This examination shall be performed at the City's
expense.
An applicant determined to be physically or mentally unfit for service shall not be eligible
for employment.
6.2 In-Service Examinations
An employee, at any time during employment, may be required to undergo examinations
to determine physical and mental fitness to perform the job. Law Enforcement Officers
and Firefighters may be required to undergo such examination annually on or about
each anniversary date of their employment. Such periodic examinations shall be at the
expense of the City except as noted below.
An employee of the City may appeal the decision of the examining physician or
psychologist concerning fitness for duty within five business days of the date of his
notification of the results. The employee, in that case, may select another physician to
provide a second opinion. In the event there is a difference of opinion between the
original examining professional and the professional chosen by the employee, the City
Manager shall designate a third professional, whose decision shall be final and binding
as to the physical and'mental fitness of such employee to perform the work of the
position. The City shall bear the expense of reasonable direct costs of the first and third
examinations. The employee shall bear the expense of the second examination. The
City shall provide the employee with reasonable time off to meet these appointments.
An employee determined to be physically or mentally unfit to continue in the job may be
demoted, transferred or separated from City service.
City of Winter Springs
Page 17
SECTION 7
SUBJECT: ORIENTATION
The City recognizes the importance of a sound orientation program so that employees will have
a clear understanding of duties, how to perform them, and the relationship of the department to
the overall operation of the City.
Orientation of a new employee begins with processing by Human Resources and includes the
completion of all hiring forms and an explanation of benefits and conditions of employment.
The Department Head shall accompany the employee to the area of employment and shall
assure that the employee is introduced to co-workers and various facilities, has proper supplies
and has a suitable working area. The employee's direct supervisor shall assure the employee
becomes familiar with job duties and responsibilities and is properly trained.
The most important function of the Department Head during this process is to make every
attempt to insure that a new employee is comfortable and familiar with their new surroundings.
City of Winter Springs
Page 18.
SECTION 8
SUBJECT: PROBATIONARY PERIOD
8.1 Purpose
The purpose of the probationary period is to give the employee the opportunity to learn
and demonstrate competency in a new position while providing the City with the
opportunity to evaluate the employee and determine whether or not he/she is completely
capable of performing the duties of the position.
8.2 Length of the Probationary Period
The length of the probationary period shall be six months for new employees and for
those who are promoted and transferred with the exception of police officers and
firefighters whose probationary period shall be one year.
8.3 Probationary Reviews
Employees serving a probationary period shall be evaluated three times: one third of the
way through the period, two thirds of the way through and at the end of the period. The
purpose of the interim reviews shall be to apprize the employee of his or her
performance and areas of weakness. The final review shall determine whether or not
the employee has demonstrated sufficient competency in the position to be retained.
Each review shall be documented and information forwarded to the Human Resources
Coordinator.
8.4 Extension of the Probationary Period
If the City of Winter Springs determines that the designated probationary period does not
allow sufficient time to evaluate the employee's performance thoroughly, the
probationary period may be extended for a specified period.
8.5 Failure to Demonstrate Competency
During the probationary period, any unsatisfactory aspect of the employee's work will be
called to the employee's attention. At any time during the probationary period, the City
may for any or no reason terminate the employment. Such termination shall be final with
no right of appeal.
A promoted or transferred employee who performs unsatisfactorily during the
probationary period is thereby determined ineligible to be granted regular appointment to
the position. However, if the employee's work was satisfactory prior to the change in
status, the employee may be returned to his previous position or to another suitable
position in the same class previously held, if either is available. If no position is
available, the employee may be terminated.
City of Winter Springs
Page 19
SECTION 9
SUBJECT: CLASSES OF EMPLOYEES
9.1 General
Winter Springs employs three class types of employees: regular full-time employees,
regular part-time employees and temporary employees.
9.2 Regular, Full-time Employees
A year-round position where more than an average of 30 hours per week of work is
expected is considered to be a regular, full-time employee. These employees serve a
probationary period and are qualified for benefits offered to employees by the City.
These benefits may include health insurance, life insurance, retirement, leave (vacation,
sick, military, civil and bereavement) and paid holidays.
9.3 Regular, Part-time Employees
A continuous, year-round position budgeted for less than an average of 30 hours per
week and paid on an hourly basis for hours actually worked shall be designated a
regular, part-time employee. Part-time employees shall be recruited, hired and
evaluated in the same manner as regular, full-time employees. Part-time employees
may also be eligible for any special annual salary increase afforded to full-time
employees by the City Commission, but receive only some of the benefits that regular,
full-time employees receive. For example, part-time employees do not receive vacation
leave, sick leave, health insurance, retirement, and life and disability insurance, but do
receive holiday pay, mandated social security benefits and workers compensation
insurance.
9.4 Temporary Employees
Temporary employees may be recruited to assist in handling unusually high workloads,
seasonal employment, casual employment, or employment of an emergency nature, for
a period of time not to exceed six consecutive months, or for completion of a specific
task or project.
A temporary employee shall not be used to fill a continuing full-time position unless the
position is temporarily vacant. A temporary employee shall not be hired at a rate less
than the minimum of the pay grade into which the job is classified. A temporary
employee shall not be entitled to City fringe benefits including retirement.
If a temporary employee changes status to a regular position, the employee shall be
considered as a new hire at the time that employee's status is changed.
The provisions of this section shall not apply to temporary reassignments of a regular
employee nor to restructuring of an employee's job description.
City of Winter Springs
Page 20
SECTION 10
SUBJECT: COMPENSATION AND CLASSIFICATION
10.1 Employee Classification
Every employee should have a job description which accurately reflects what he/she is
actually doing. Based on these descriptions, employment classifications are developed.
Every effort is made, through the classification plan, to group positions together into
classes which are similar in type of work performed, complexity, and responsibility.
Ideally these positions will then fall in the same pay range.
The job titles listed in the classification plan are used in all personnel records and
transactions.
10.2 Pay Plan
The City of Winter Springs has adopted a Pay Plan wherein jobs are graded and
appropriate pay levels established. The goal of the pay plan is for positions of like
requirements and complexity to be paid comparable salaries. In actual fact, however, for
the most part, market surveys are conducted and pay ranges established that ensure
our employees are paid wages comparable with those in the labor marketplace.
From time to time, the City conducts reviews of other, similar jurisdictions and,the private
sector to determine if it is still paying a fair wage for the work performed. If it is not, the
salaries are adjusted accordingly.
10.3 Reclassification
It is the duty of the City Manager to amend the position descriptions and classification
specifications when necessary so that each class will accurately reflect the current
duties and responsibilities of the position. A reorganization may have occurred and
duties increased or decreased. An individual or group may have gradually assumed
more responsibility. Technology may change the duties. Whatever the cause, when
duties change, the position needs to be reclassified and compensation reviewed; that is,
it needs to be evaluated (reclassified) and fair compensation established.
It is incumbent on the Department Heads and individual employees to bring
classification/compensation concerns to the attention of the City Manager and for the
City Manager to make a further investigation of the matter and to take appropriate
action.
Specifically, a request for a reclassification should be submitted by the Department Head
and shall be accompanied by written supporting documentation to the City Manager.
This documentation should be sufficient to support a reclassification by documenting
actual job duties and tasks. It should further explain what has changed to warrant
reviewing the position. It should also be considered in light of other positions within the
City's Classification System. Reclassification, in fact, should not take place independent
of consideration of other positions within the overall classification system.
If the City Manager determines sufficient evidence exists to warrant a further review,
he/she shall turn the matter over to the General Services Director who shall make an
independent review. The employee(s) whose position(s) are under consideration may
be asked to complete a questionnaire and/or submit additional information. Upon
City of Winter Springs
Page 21
SECTION 10
SUBJECT: COMPENSATION AND CLASSIFICATION
completion, the General Services Director shall make a recommendation to the City
Manager. The City Manager shall approve or disapprove all reclassifications.
When a position is reclassified to a higher pay grade, adjustments to salary should be
handled in the same manner as a "Promotion". When a reclassification results in
assignment to a lower pay grade, adjustment should be made in accordance with the
rules for a "Demotion".
City of Winter Springs
Page 22
SECTION 11
SUBJECT: PAY PLAN AND PROGRESSION THROUGH THE SALARY RANGES
11.1 Pay Plan
As noted, Winter Springs has developed a pay plan which guides the City in terms of
what salaries employees will be paid. Under it, each position has a salary range
associated with it. Employees progress through the range based on the following
guidelines.
11.2 Salary Increases, Ranges and Raises
As noted each position has a salary range associated with it. New employees. with no
experience in a particular position, will generally start at the bottom of the range. As
they become familiar with the duties and demonstrate competency, they are eligible for
raises.
Advancement to the mid-point of the salary range is considered as the developmental
phase of the salary progression. Increases to this point are usually more rapid than after
the mid-point is reached. The developmental phase includes the probationary period
and signifies the time an individual should become totally effective and productive in the
positions based on established City standards and/or desires. The area beyond the mid-
point of the salary range is referred to as the incentive phase. Movement in this phase
of the range is reserved for performance over and above that which is considered as an
average acceptable job.
Most salary increases are in fact based on merit and result for the annual performance
review the employee receives. An employee becomes eligible for consideration for a
merit raise based on completing his/her first year of service. At that time, the
employee's performance is reviewed and, if found to be of sufficient quality, he/she will
receive a merit'increase. The employee will be eligible for further merit increases on
future anniversary dates or on the anniversary of his/her last promotion/demotion.
11.3 Other Increases
Employees may also receive raises through across-the-board increases, cost of living
adjustments, promotion, reclassification, or salary range adjustment.
11.4 Performance Bonuses
Once an employee has reached the top of the range, he/she is eligible for a performance
bonus but no further increases in base pay until the range is adjusted and the
employee's salary again falls below the cap.
City of Winter Springs
Page 23
SECTION 12
SUBJECT: PERFORMANCE REVIEWS
12.1 Purpose
Employees shall have their performance evaluated at least annually for the purposes of
encouraging improvement and for determining merit increases and bonuses.
12.2 Frequency
On the employee's anniversary date, and at other times as deemed appropriate, the
employee's supervisor shall rate and discuss the overall job performance with the
employee. The Performance Rating Form is used to evaluate quantity and quality of
work as well as other factors such as dependability, initiative, knowledge of the work
being performed, and relationships with fellow employees and the public. If the rated
employee is a supervisor, supervisory ability will also be evaluated.
12.3 Procedure
The Department designee shall forward a Performance Rating Form for completion by
the Supervisor when an employee becomes eligible for regular status, a merit increase,
an annual rating, or for any other such purpose.
The supervisor will then rate the employee. When evaluating the employee, it is
advisable to the supervisor to also consult with his superior and with others who may
have had an opportunity to observe the employee's performance. Once the supervisor
is satisfied he has considered all the necessary and appropriate factors in assessing
performance, he will complete the Performance Rating Form and discuss the findings
with the employee.
No matter whether the employee feels the appraisal is fair or not, he/she must
acknowledge, by signing the form, the receipt of the evaluation form and the discussion
of performance.
12.4 Appeals
If the employee differs with any portion of the review, he/she may submit a rebuttal
statement for inclusion with the evaluation and such statement shall remain in the
employee's personnel file as long as the evaluation is retained on file.
Within three working days, he/she may also appeal the performance evaluation to the
City Manager for review and final decision. Employees will be allowed to furnish any
supportive evidence or documentation to substantiate their rebuttal to the evaluation.
The City Manager (or his/her designee) will conduct his/her own review of the
employee's performance which may include interviewing the employee, supervisor
and/or Department Head and consideration of any other relevant materials. In any case,
the review must be completed and a decision rendered within 30 calendar days of the
employee's appeal. The City Manager may sustain the evaluation as written, modify the
evaluation, or direct that another evaluation be done.
Employee performance evaluations are not subject to the grievance procedure.
City of Winter Springs
Page 24
SECTION 12
SUBJECT: PERFORMANCE REVIEWS
12.5 Consequences of an Unsatisfactory Performance Appraisal
Employees who receive an unsatisfactory performance appraisal shall return to
probationary status and be given an improvement plan. If performance does not
improve sufficiently by the end of the new probationary period, employment may be
terminated.
City of Winter Springs
Page 25
SECTION 13
SUBJECT: PROMOTION
13.1 Policy
When an employee has experienced a definite and significant increase in duties, he/she
may be promoted. Such promotions may occur through an employee applying for and
obtaining a new position with the City or through a reclassification. Promotions shall not
be made merely for the purpose of affecting an increase in compensation.
13.2 Promotion via Selection to a Position of a Higher Classification
So far as is practical, Winter Springs shall attempt to fill vacancies by promoting existing
employees of the City. Promotions may be either inter or intra-departmental and must
be approved by the affected Department Heads and the City Manager.
13.3 Compensation for Promotions
A promoted employee shall receive a salary increase to at least the minimum rate of the
salary range of the new position.
In the event the employee's salary is already above the minimum established for the pay
grade the employee was promoted to, the salary may be increased by at least 5% above
the existing salary. An amount higher than minimum, or the 5% factor, can be
considered and approved by the City Manager if the employee's experience, skills or
qualifications merit an increase of greater than the 5%.
13.4 Probationary Period
Employees who are promoted to a position in a higher classification than the position
from which the assignment is made, shall be placed in probationary status for the usual
period of six months. The employee shall, however, continue to receive the benefits
he/she previously had qualified for.
13.5 Inability to Perform
If a promoted employee performs unsatisfactorily during the probationary period in the
new position, he/she is ineligible to be granted regular appointment to the higher
position. Assuming the affected employee's work was satisfactory prior to the
promotion, the employee shall be returned to their previous position or to another
suitable position in the same class, if either is available. If no position is available, the
employee may be terminated.
City of Winter Springs
Page 26
SECTION 14
SUBJECT: DEMOTION
14.1 Policy
A demotion is the assignment of an employee to a position in a lower classification,
having a lower maximum salary.
14.2 Authority
The Department Head shall have the authority to demote an employee. The action
should be done in writing citing the reasons. The causes for demotion shall normally be
due to the removal of higher level duties and responsibilities or the inability of the
employee to assume or perform duties of the position, although the City reserves the
right to demote an employee for disciplinary reasons as well. Prior to taking any action,
the City Manager should be informed of the proposed action and the reasons.
14.3 Compensation
Employees receiving voluntary demotions or forced demotions due to the employee
losing his/her ability to perform his/her duties shall have their salary reduced as nearly
as possible by the same percentage in the new range as in the former pay range, or any
other amount as determined by the City Manager.
Employees demoted for reasons of reduction-in-force initiated to increase efficiency or to
meet budget restrictions, however, should be assigned at the same dollar level in the
new classification range. Should the present salary of the employee exceed the
maximum of the assigned range, the employee's salary should be capped or frozen at
the top of the range, with continued eligibility for any merit awards granted to general
employees. '
14.4 Probationary Status
Regular employees may be required to serve a new probationary period if required by
the Department Head. Employees who are in a probationary status will be required to
serve a probationary period beginning when they assume the duties of the new position.
14.5 Appeal Rights
An employee not on a probationary status who has been demoted has the right to
appeal demotions through the grievance procedure as outlined in this manual.
City of Winter Springs
Page 27
SECTION 15
SUBJECT: LATERAL TRANSFER
15.1 Definition
A lateral transfer is the changing of an employee to a job of the same classification level
in the same or another department.
15.2 Authority
The City Manager may transfer an employee temporarily, or permanently, when said
transfer is deemed to be in the best interests of the City. Because a transfer is not
disciplinary, a transfer may be made against the will of the employee without right of
appeal.
15.3 Procedure
Transfers shall generally be carried out through the in-house posting process and follow
the guidelines outlined in the section on "Hiring."
15.4 Compensation
Employees transferred to a position in the same classification or to a different position
with the same pay grade shall not be eligible for an increase, nor suffer a decrease.
Employees transferred to another position in a lower classification or grade shall be
handled in accordance with the rule established for "Demotions".
15.5 Probationary Status
A transferred employee shall be placed in probationary status but shall not lose his/her
benefits; that is, all accrued benefits shall be transferred with the employee.
City of Winter Springs
Page 28
SECTION 16
SUBJECT: TEMPORARY ACTING POSITIONS
16.1 Policy and Authority
In an emergency, or in cases where the City Manager deems it in the interest of the City,
an employee may be placed in a temporary "Acting" status. Such placements will be
based on the needs of the City and include temporary transfers to positions of a higher,
similar or lower classification.
16.2 Compensation
Employees temporarily reassigned for a period exceeding 30 calendar days in any given
calendar year to a higher classification level, other than to fill in for personal leave or
similar absences, shall be granted a five percent increase or the minimum level of the
new pay grade, whichever is greater, for the duration of the temporary assignment.
Regular increases shall be granted during the period of reassignment.
City of Winter Springs
Page 29
SECTION 17
SUBJECT: HOURS OF WORK
17.1 Definition
The hours of work are the hours the employees are expected to be on the job, at their
appointed stations, performing their assignments.
17.2 Authority
The City Manager, in consultation with the Department Heads, establishes the hours of
work for all departments of the City, depending on the functions and operations involved,
with uniform starting and quitting times for supervisors and employees on all shifts.
Since job responsibilities differ among departments, hours of work should also be
expected to vary. When the Department Head determines flexible time may benefit the
City or the employees without harming service delivery, he/she may recommend the City
Manager authorize its use.
17.3 Employee Responsibility
Employees are expected to learn and adhere to the hours of their jobs.
17.4 Meals and Breaks
All employees will receive a lunch period of thirty (30) minutes or sixty (60) minutes (as
established in the work schedule by Department Heads to accommodate operating
requirements) and two fifteen (15) minute break periods during the course of the normal
work day. Police Officer and Firefighter's meal and break schedules vary and are
flexible.
Employees will be relieved of all active responsibilities and restrictions.(with the
exception of shift employees) during meal periods and will not be compensated for that
time. Employees must utilize their lunch period during the designated hours established
for the department. The lunch hour shall not be accumulated and cannot be saved for
the purposes of leaving work early. Employees are not permitted to work before or past
their regularly scheduled hours or during their lunch period unless specifically authorized
by the Department Head.
City of Winter Springs
Page 30
SECTION 18
SUBJECT: ATTENDANCE
18.1 General
Employees are expected to be on time for work and to work their full work schedule.
Department Heads are responsible for accounting for the daily whereabouts and
activities of all employees within their department.
18.2 Punctuality
Employees who will not be reporting for work must notify their workplace in accordance
with their departmental procedure. Lateness, like absence, places a burden on the City
and on co-workers. Therefore, employees are expected to be prompt and ready for
work at the scheduled starting time of their shift and are not to make preparations for
leaving before the end of their shift.
Emergencies occasionally occur causing an employee to be late. Whenever possible,
the employee shall advise the Department Head prior to starting time.
If departmental operations require another employee to remain on an overtime basis to
cover the absence of a tardy employee, the tardy employee shall not begin his shift until
the replacement has completed the requested overtime amount. The tardy employee
will not be paid until he/she actually starts work.
Repeated lateness and/or unexcused absences adversely impact the operational
effectiveness of the City and are grounds for disciplinary action, up to and including
termination of employment.
18.3 Unapproved Absence from Work
An employee who is not at work during his/her regularly scheduled shift, who is not on
leave and who is not on approved leave without pay is considered to be on an
unexcused absence. Such absence in excess of three days shall be considered job
desertion or job abandonment and discharge may result.
City of Winter Springs
Page 31
SECTION 19
SUBJECT: APPEARENCE
19.1 General Policy
Employees are expected to maintain a neat and clean physical appearance particularly
those in positions where considerable public contact is required.
19.2 Uniformed Personnel
It is the responsibility of the employee to keep uniforms in a neat and orderly manner.
Employees are expected to begin their work period with a clean uniform. The complete
uniform must be worn at all times while on duty, and no uniform may be altered or
changed in appearance. Any employee who loses the uniform will be responsible to
replace the uniform. The amount for replacement shall be deducted from the employee's
regular paycheck.
Employees are only permitted to wear their uniform one (1) hour prior to commencing
the work period, during the work period, and for one hour following the completion of the
work period. Employees shall not wear their uniforms on off-duty hours in public places
unless authorized to do so by their Department Head.
19.3 Non-Uniformed Personnel
All non-uniformed personnel are expected to dress appropriately for their assigned
duties and responsibilities. Clothing should be neat and clean and appropriate for the
particular office environment to which assigned. Shorts, t-shirts, and halter-tops are not
considered appropriate apparel.
City of Winter Springs
Page 32
SECTION 20
SUBJECT: WORK WEEK AND PAY
20.1 Work Week
The standard workweek commences at 12:01 a.m. each Thursday and ends on
Wednesday at 12:00 p.m. midnight. The standard number of working hours for full-time
employees during any standard workweek will be 40 hours unless otherwise specified.
The work hours for Fire and Police Department shift employees shall be governed by the
Department Head and/or union contract.
20.2 Record Keeping and Pay
Employees are paid based on hours worked (as well as the time the employee is on
leave, using compensatory time, and/or on workers' compensation hours).
Consequently, the City shall maintain time records to insure that all employees are
correctly paid for time worked as well as for vacation and sick time off. Consequently,
accuracy in reporting time is extremely important.
Time sheets are required for all non-exempt personnel and shall reflect the same hours
worked as the payroll record. Non-exempt employees should accurately record the time
they begin and end their work, as well as the beginning and ending time of each meal
period. They should also record the beginning and ending time of any split shift.or
departure from work for personal reasons.
Exempt employees should also keep track of their work and leave so that they may be
properly paid.
It is the employee's responsibility to sign their time records to certify the accuracy of all
time recorded. The employee's supervisor will review, verify its accuracy and initial the
time record. The Department Head ultimately has responsibility for the record's
accuracy and will then sign the time record before submitting it for payroll processing. In
addition, if corrections or modifications are made to the payroll record, the Department
Head must verify the accuracy of the changes by initialing the time record.
The accuracy of the time records is, thus, the responsibility of both the employee and
his/her supervisors. Inaccuracies due to carelessness or falsification will not be
tolerated and may result in disciplinary action.
20.3 Pay Periods and Checks
Employees shall be paid on a bi-weekly basis and paychecks are distributed on
Thursday. Each paycheck shall include earnings for all work performed through the end
of the previous payroll period. In the event that a regularly scheduled payday falls on the
date of a holiday, employees will receive pay on the last day of work prior to the regularly
scheduled payday.
Paychecks, which arrive during an employee's vacation, will be held in a secure location
by the Department Head or designee pending the employee's return.
City of Winter Springs
Page 33
SECTION 20
SUBJECT: WORK WEEK AND PAY
20.4 Administrative Pay Corrections
Employees shall promptly bring to the attention of the Department Head all pay
discrepancies. In the unlikely event that there is an error in the amount of calculated
pay, corrections shall be handled as promptly as possible.
20.5 Advances of Pay
It is the general policy of the City of Winter Springs not to make advances on employee
pay. Exceptions are made for employees who will be on leave on pay day and who may
receive pay in advance if requested a week in advance. Other exceptions can be made
for emergencies with prior written approval of the City Manager.
City of Winter Springs
Page 34
SECTION 21
SUBJECT: OVERTIME
21.1 Policy
Overtime occurs when an employee works more than his/her normally assigned hours
and should only occur in cases of emergency. Departmental schedules should be
prepared to provide for the completion of work tasks and delivery of public services
within the standard work period.
21.2 Definition
Overtime occurs when a non-exempt employee works beyond 40 hours during a
workweek except as noted below. Police officers receive overtime pay following 86
hours of work within a 14-calendar day, time period. Firefighters receive overtime pay
following 106 hours of work within a 14-calendar day, time period.
21.3 Authorization
Overtime hours must be approved in advance by the Department Head. The only
exception to prior approval shall be in emergency situations where the work is essential
to prevent loss of equipment or an interruption of essential public services.
21.4 Overtime Call-ins
Each employee is subject for call on any emergency at any time as determined by the
Department Head or the City Manager.
Employees who are called into work from off duty shall be compensated for the greater
of four hours straight time or the hours actually worked. The four-hour rule applies only
to call-ins and not to hours which abut the beginning or end of a work shift. Pre-
scheduled hours are also exempt from this provision. Employees who are on overtime
cannot simultaneously receive any other premium pay.
21.5 Overtime Distribution
Overtime assignments shall be distributed as equitably as practical.
21.6 Compensation
All employees who are non-exempt from the provisions of the Fair Labor Standards Act
(FLSA) shall be compensated for overtime at one and one-half times the regular hourly
rate of pay. Compensatory time at the rate of one and one-half times base pay in lieu of
paid overtime may be granted upon request of the employee subject to approval of the
Department Head. Accrual of compensatory leave shall be governed by the provisions
of the FLSA. Compensatory time shall be removed from the employee's record and
"paid" to the employee as authorized leave at the time of termination.
21.7 Exempt Employees
Eligibility is to be defined by the provisions of the Fair Labor Standards Act. Generally,
City personnel in salaried positions and primarily of a supervisory or administrative
nature are not entitled to overtime payment.
City of Winter Springs
Page 35
SECTION 21
SUBJECT: OVERTIME
The City Manager shall have the authority to provide reasonable and commensurate
work schedule flexibility, where not in conflict with the essential work and delivery of
public services of the City, to salaried personnel whose duties and responsibilities
regularly require hours of work beyond a normal workweek.
Positions within the classification plan which are exempt from the provisions of the Fair
Labor Standards Act for overtime purposes are indicated in the classification and
compensation plan.
21.8 Failure to Follow Overtime Guidelines
Employees violating this policy will be subject to appropriate disciplinary action.
City of Winter Springs
Page 36
SECTION 22
SUBJECT: HOLIDAYS
22.1 Holiday Observance
Eligible full-time, part-time, and probationary employees are entitled to paid holidays,
which include the following:
. New Years Day
. Martin Luther King's Birthday
. Spring Holiday
. Memorial Day
. Independence Day
. Labor Day
. Thanksgiving Day
. Day after Thanksgiving
. Christmas Day
. Birthday Holiday
January 1
As designated
Good Friday
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Friday
December 25
Observed on the employee's
birthday, or with the approval of the
supervisor, within 30 days
thereafter.
According to the day of the week on which Christmas falls, an extra holiday will be
granted. The schedule is as follows:
Christmas Falls On
Davs Off
Monday/Friday
Tuesday
Wednesday
Thursday
No additional day off
Monday and Tuesday
No additional day off
Thursday and Friday
22.2 Special Cases of Holiday Observance
When a holiday that occurs on a Saturday or Sunday will be observed the proceeding
Friday or following Monday for all employees who normally work Monday through Friday.
If an employee is not scheduled to work on the day a holiday is observed, he/she will
receive an alternate day off as a substitute holiday or additional straight-time pay for that
work week equal to one of that employee's regular work shifts to a maximum of eight
hours.
22.3 Eligibility
To be eligible for holiday pay, the employee must be on the active payroll for his/her
scheduled workday before and after the designated holiday.
Temporary and seasonal employees and employees on unpaid leave of absence are not
eligible to receive holiday pay. Regular full-time, regular part-time and probationary
employees are eligible to receive their regular rate of pay, for his/her normally scheduled
hours, for each observed holiday.
City of Winter Springs
Page 37
SECTION 22
SUBJECT: HOLIDAYS
22.4 Other Holidays not recognized by the City
The City recognizes some employees may wish to observe certain religious or
commemorative days which are not included in the City's holiday schedule. Accordingly,
employees who would like to take a day off for such reasons may be permitted to do so
if the employee's absence from work will not result in an undue hardship on the conduct
of the City's business and if prior approval has been obtained from the employee's
supervisor. Employees may use accumulated days of vacation time on such occasions,
or they may take such time off as unpaid, excused absence.
22.5 City's Right to Schedule Work on Holidays
While the City makes every effort not to schedule employees to work on an observed
holiday, that is not always possible. Work on an observed holiday will be paid twice,
once for the holiday and once for the hours actually worked.
City of Winter Springs
Page 38
SUBJECT: LEAVE
SECTION 23
23.1 General Policy
The following types of leave are officially established: Holiday Leave, Sick Leave,
Vacation Leave, Compensatory Leave, Leave Without Pay, Family & Medical Leave,
Bereavement Leave, and Workers' Compensation Leave. Leave may be granted by the
Department Head in conformance with the rules established for each type of leave.
Leaves Without Pay also requires the approval of the Department Head. Any employee
on leave of absence who obtains employment elsewhere which conflicts with the
employee's normal work schedule for the City, shall be deemed to have resigned with
the City, without notice, and shall forfeit all Vacation Leave and Sick Leave.
Each of the leave types is described in the following pages.
City of Winter Springs
Page 39
SECTION 24
SUBJECT: VACATION LEAVE
24.1 Rate of Accrual - Vacation Leave
Vacation Leave shall accrue as set forth below:
Full-time: 40-Hour Work 42-Hour Work 56-Hour Work
Week / Hours Per Week / Hours Per Week / Hours Per
Biweekly Accrual Biweekly Accrual Biweekly Accrual
0-5 years 3.076923 3.230769 5.538461
5+ - 15 years 4.615384 4.846153 8.307692
15+ years 6.153846 6.461538 11.076923
24.2 Maximum Accrual - Vacation Leave
Vacation Leave may accrue to a maximum of hours as set forth below. An employee
who has accrued the maximum hours of Vacation Leave shall not accrue additional
Vacation Leave until said accrual is reduced to less than the maximum hours set forth.
Full-time: 40-Hour Work 42-Hour Work 56-Hour Work
Week Week Week
Maximum Accrual 320 Hours 336 Hours 576 Hours
24.3 Eligibility - Vacation Leave
Employees who have completed 180 days of continuous employment in a full-time
position will have the availability to schedule vacation hours.
24.4 Use of Vacation Leave
Requests for vacation time must be submitted in advance and will be reviewed by the
Department Head, who has the authority to approve or disapprove the request based on
the department's needs.
Employees should be aware that the Department Head must ensure that day-to-day
operations continue effectively and hence, they are advised to submit a request as soon
as they are aware of when they would like to take time off. Nonetheless, application for
vacation time must be made at least seven (7) calendar days in advance of use. In
emergency cases, the Department Head may waive this requirement.
Under no circumstances will an employee be able to borrow against Vacation hours to
be earned in the future, or be paid in advance of the regular payday for Vacation hours.
24.5 Pay-Out Policy
Unused accumulated Vacation Leave shall be 100% compensated upon employment
termination at the rate of pay which is effective at termination up to the maximum accrual
rate.
City of Winter Springs
Page 40
SECTION 25
SUBJECT: SICK LEAVE
25.1 Rate of Accrual - Sick Leave
Sick Leave shall accrue as set forth below:
Full-time: 40-Hour Work 42-Hour Work 56-Hour Work
Week / Hours Per Week / Hours Per Week / Hours Per
Biweekly Accrual Biweeklv Accrual Biweekly Accrual
Biweeklv Accrual 3.692307 3.876923 5.538461
25.2 Maximum Accrual - Sick Leave
Sick Leave may accrue to a maximum of hours as set forth below. The City has a Sick
Leave Buy Back Plan outlined in Section 25.5:
Full-time: 40-Hour Work 42-Hour Work 56-HoUf Work
Week Week Week
Maximum Accrual 960 Hours 1,008 Hours 1,440 Hours
25.3 Eligibility - Sick Leave
Employees accrue sick leave every biweekly pay period and are eligible to utilize time as
it is accrued. Under no circumstances will an employee be able to borrow against Sick
Leave hours to be earned in the future, or be paid in advance of the regular payday for
Sick Leave hours.
25.4 Use of Sick Leave
To receive pay for Sick Leave, the employee must notify the Department Head
according to his/her department's policy. Sick Leave usage is intended for personal
illness or physical incapacity. The Department Head may request a written statement by
a licensed medical physician certifying that the employee's condition prevented the
employee from coming to work. Such statement is typically fequired if three or more
consecutive calendar days are taken for Sick Leave.
Sick Leave may also be taken to care for members of the employee's immediate
household when they are ill or physically incapacitated requiring the employee's
immediate attention.
Sick Leave may also be utilized to keep a doctor or dentist appointment.
25.5 Sick Leave Buy Back Plan
Provided that the employee maintains the accrued balance as outlined below, the City
will convert accrued sick leave to pay one time a year calculated on December 1 st and
paid out to the employee by December 15th. The employee must request the above
action on a form provided by the Finance Department and the buy back of sick leave will
be calculated on an hour for hour basis with the employee's hourly fate as of December
1st.
City of Winter Springs
Page 41
SECTION 25
SUBJECT: SICK LEAVE
40-Hour 42-Hour 56-Hour
Work Week Work Week Work Week
Accrued Conversion Accrued Conversion Accrued Conversion
Balance to Pay Balance to Pay Balance to Pay
240 Hours 40 Hours 252 Hours 42 Hours 360 Hours 72 Hours
480 Hours 80 Hours 504 Hours 84 Hours 720 Hours 144 Hours
960 Hours 160 Hours 1,008 Hours 168 Hours 1,440 Hours 288 Hours
1,920 Hours 320 Hours 2,016 Hours 336 Hours 2,880 Hours 576 Hours
25.6 Sick Leave Use for Early Retirement
Accrued sick leave may be used to bridge an employee to retirement. Retirement is
defined as an employee who leaves employment with the City and has achieved either
of the following:
1. Age 65
2. Age 55 with 10 years of service to the City
3. Any age with 25 years of service to the City
25.7 Donating Accrued Sick Leave
Employees may donate accrued sick leave to another employee in the event of a
catastrophic illness, injury, or other extenuating circumstances. The employee
requesting the donated sick leave must have used all of their accrued vacation leave
and sick leave before accepting donated time, and the employee must be on an
approved leave of absence by the City Manager. Also, as the employee accrues
additional vacation leave and sick leave, this time is used before the donated time is
utilized. Donated time will be on an hour for hour basis for the employee who is
accepting the donated time hourly rate of pay. Employees' donating their sick leave
does so on a voluntary basis.
City of Winter Springs
Page 42
SECTION 26
SUBJECT: FAMILY AND MEDICAL LEAVE POLICY
26.1 Policy
The City's policy regarding use of Family and Medical Leave is in compliance with and
based upon the requirements of the Family and Medical Leave Act, 29 U.S.C. 92601, et
seq. ("FMLA") and the regulations of the U.S. Department of Labor, 29 C.F.R. 9825.100,
et seq. The City's policy is designed to provide eligible employees with up to twelve
weeks leave to address family and medical situations involving themselves or a family
member as defined in the FMLA.
26.2 Eligibility
To be eligible for Family and Medical Leave, the employee must:
(1) have worked for the city for at least 12 months, and
(2) have worked at least 1,250 hours over the previous 12 months.
Family and Medical Leave will be calculated based upon the eligible employee's
employment date and will be calculated on a rolling 12-month basis.
26.3 Reasons for Family and Medical Leave
Family and Medical Leave may be granted to eligible employees for up to 12 weeks for
any of the following reasons:
(1) for birth of the employee's child, or to care for the employee's child after
birth or placement for adoption or foster care;
(2) to care for the employee's spouse, son, daughter, or parent, who has a serious
health condition, or
(3) for a serious health condition that makes the employee unable to perform the
employee's job.
Spouses employed by the city are jointly entitled to a combined total of 12 workweeks of
family leave for the birth or placement of a child. Leave for birth or placement for
adoption or foster care must conclude within 12 months of birth or placement of the
child.
26.4 Requests for Family and Medical Leave - Advance Notice
All requests for family or medical leave must be submitted to the City Manager through
the employee's department head no less that 30 days prior to the start of the leave.
Failure to give such notice may delay the requested FMLA leave. If it is not possible to
submit the leave request at least 30 days in advance, such as in the case of an
emergency, the leave request must be submitted as soon as possible.
In all cases, the city shall determine whether leave qualifies as FMLA leave based on
information provided by the-employee, and the employee's eligibility for FMLA leave.
26.5 Use of Accrued Vacation and Sick Leave
Employees who have accrued vacation and/or sick leave will be required to use all such
accrued paid time off concurrently with Family and Medical Leave. If the Family and
City of Winter Springs
Page 43
SECTION 26
SUBJECT: FAMILY AND MEDICAL LEAVE POLICY
Medical Leave continues after all accrued leave has been used, the remainder of the
FMLA leave will be without pay.
Worker's Compensation leave for a serious health condition will be designated by the
city as family and medical leave and run concurrently.
26.6 Medical Certification Required
The City requires medical certification of an employee's or family member's serious
health condition when FMLA leave is requested. Employees must submit a medical
certification from a physician. Forms are available from the Human Resources Office for
providing the required medical certification. The medical certification must specify the
nature of the serious health condition, probable length of time treatment will be required,
and the reasons the employee is required to care for a family member.
The city reserves the right to seek a second and/or third opinion as to the need for
medical leave. An employee may be required to provide to the Human Resources Office
re-certification of his/her own or family member's serious health condition every 30 days
while he/she is on leave.
Prior to returning to work from medical leave due to an employee's own serious health
condition, medical certification must be submitted indicating the employee's ability to
perform the essential functions of his/her job, with or without reasonable
accommodations.
Employees must make periodic reports to their supervisors during FMLA leave regarding
the employee's status'and intent to return to work. Any changes in their status must be
promptly reported to the city.
26.7 Serious Health Condition Only
Family and Medical Leave does not apply to all medically related absences, and is not
intended to cover short term conditions for which treatment and recovery are very brief.
Routine physical exams, eye examinations, and dental examinations are not serious
health conditions. Ordinarily, the common cold, flu, upset stomach, minor ulcers, routine
dental or orthodontic problems, as well as periodontal disease, are not serious health
conditions. Medical leave under the FMLA is only granted for serious health conditions,
as defined by the Family and Medical Leave Act and the regulations issued by the U.S.
Department of Labor.
26.8 Intermittent or Reduced Schedule FMLA Leave
FMLA leave may be taken intermittently or on a reduced schedule only when medically
necessary under certain circumstances. Ordinarily, such leave must be requested and
approved in advance. Intermittent and/or reduced schedule leave is not normally
available for the birth or adoption of a child.
26.9 Benefits
All group health benefits including major medical, hospitalization, and dental insurance
will continue during the leave provided regular employee contributions to these plans are
City of Winter Springs
Page 44
SECTION 26
SUBJECT: FAMILY AND MEDICAL LEAVE POLICY
continued. Benefit accruals, such as vacation leave, sick leave, or holiday benefits will
be suspended during the leave and will resume upon return to active employment.
Other benefits, such as retirement, life insurance, and long-term disability, will be
governed in accordance with the terms of each benefit plan.
26.10 Return from FMLA Leave
Upon return from FMLA leave, an employee will be restored to his or her original job or
an equivalent job with the equivalent pay, benefits, and other terms and conditions of
employment, provided the job held before leave commenced has not been eliminated or
the employee would not otherwise have been laid off due to lack of work. If an
employee fails to return to work promptly at the end of FMLA leave, the employee may
be terminated as a voluntary termination.
City of Winter Springs
Page 45
SECTION 27
SUBJECT: MILITARY LEAVE
27.1 Policy
Any employee who is a member of the National Guard or the Military Reserve Forces of
the United States and who is ordered by the appropriate authorities to attend a
prescribed training program or to perform other duties shall be granted leave. The leave
shall be with pay as provided by Chapter 115 of Florida Statutes.
27.2 Procedure
Employees who request such Military Leave must present the supervisor a copy of the
appropriate military service orders no later than two weeks prior to the scheduled date of
departure. Reservists who are called to active duty status must notify superiors when
put on alert for call-up. Copies of the notice of the duty assignment or service orders
must be submitted to the City prior to military leave being granted.
Any regular employee who is drafted, or who enters active duty in the Armed Forces
Reserve or National Guard, shall be granted Military Leave without pay for the period of
military commitment. Reservists who are called to active duty will be eligible for
reinstatement to a position with the level of seniority, status, and pay that would have
been available to the employee if military service had not intervened.
27.3 Compensation
The employees shall receive pay for the number of working days occurring in the
authorized period, according to work schedule, less any service pay received, or may
retain military pay and use accrued Vacation Leave in lieu of Military Leave.
27.4 Benefits
Employment benefits do not accrue during the period of military service except that
vacation and sick leave benefits will continue to accrue during a military leave of
absence. Accrual resumes upon reinstatement.
27.5 Exceptions
Military Leave with pay shall not be granted to an employee who voluntarily extends the
training time or who is required to spend additional training time caused by excessive
absences to reserve meetings during the preceding year.
City of Winter Springs
Page 46
SECTION 28
SUBJECT: CIVIL LEAVE
28.1 Purpose
In an attempt to help an employee perform certain civic responsibilities when called
upon, the City will grant Civil Leave for jury duty or appearance as a subpoenaed
witness in cases related to the City.
An employee who is bringing suit upon another party or who is being sued, or who is a
witness in a case not related to the City shall not be eligible for Civil Leave. Such
employee shall request Leave Without Payor Vacation Leave.
28.2 Procedures
Employees shall inform their supervisor that they have been notified to report for jury
duty within 24 hours of receiving such notice and a copy of the jury duty summons or
subpoena should be provided to the Department Head. The City or the employee may
request an excuse from jury duty if, in the City's judgment, the employee's absence
would create serious operational difficulties for the City.
An employee on civil leave is expected to return to work testifying as a witness or if
serving as a juror, after the jury is excused for the day, provided more than two hours
remain in the working day.
28.3 Compensation
An employee on civil leave from the City must turn over any jury or witness fees to the
City. Otherwise the employee will be placed on a leave without pay status.
28.4 Overtime Eligibility
Time off for jury duty shall not be included as hours worked in computation of hours
necessary to qualify for overtime compensation.
City of Winter Springs
Page 47
SECTION 29
SUBJECT: BEREAVEMENT LEAVE
29.1 Purpose
Bereavement Leave is available to employees who wish to take time off due to the death
of an immediate family member. Members of the immediate family include the
employee's spouse, parent, child, or sibling; spouse's parent, child, or sibling; the
employee's child's spouse; grandparents or grandchildren.
29.2 Eligibility and Procedures
In order to qualify, the employee must have completed his/her initial probationary period
and must immediately notify the Department Head. Bereavement Leave must be
recommended by the Department Head and approved by the City Manager.
In case of the death in an employee's immediate family, a regular full-time employee will
be allowed up to five calendar days off per occurrence with pay from the date of
certification of death. The employee's time off from work must be taken immediately
following the death and shall not exceed ten (10) days per year (up to two 24-hour shifts,
per occurrence, not to exceed four shifts per year for Fire Department employees).
The City Manager may limit such leave to less than the specified time or refuse .to grant
such leave if the employee cannot demonstrate reasonable need for the amount
requested.
29.3 Additional Time off
Employees may, with their Department Head's approval, use any available paid leave for
additional time off as necessary. .
City of Winter Springs
Page 48
SECTION 30
SUBJECT: LEAVE WITHOUT PAY
30.1 Purpose
The City recognizes that a matter of unusual or emergency nature may cause an
employee to leave the job for a specific period of time.
30.2 Leave Without Pay
When recommended in writing by the Department Head and approved by the City
Manager, an employee with at least 12 continuous months of service (including paid
leave and holidays) with the City may grant a leave of absence without pay not to
exceed six months. Such leave must be approved in advance. Leaves of absence may
be granted for sickness and disability, to engage in a course of study, and for other good
and sufficient reasons in the best interest of the City. If a leave of absence extends for
more than 30 calendar days, the employee's position may not be held open. Should the
position be filled, the employee may apply for any appropriate vacancy at the time the
leave of absence ends.
Leaves of absence shall not be granted to permit an employee to accept employment
elsewhere or to establish a business.
Any employee granted an authorized leave of absence may be required to pass a
physical examination before being reinstated.
30.3 Benefits
Employees granted an authorized leave of absence for a "qualifying event" will be able
to maintain City health-insurance coverage through the Federal Consolidated Omnibus
Budget Reconciliation Act (COBRA) at their own expense to include an administrative
fee.
All job-related benefits cease when an employee is granted leave of absence without
pay in excess of seven days. When an employee returns, the City Manager shall be
notified immediately so that reinstatement may be effected. Approved absences shall not
constitute a break in the continuity of service if less than seven days.
City of Winter Springs
Page 49
SECTION 31
SUBJECT: OCCUPATIONAL INJURYIDEATH
31.1 Injury Procedures
When an employee is injured on the job, the employee shall immediately notify his/her
supervisor and the following steps taken:
· The Supervisor shall refer the employee to and shall set up the initial
appointment with the doctor for treatment. The Department Head or
immediate supervisor in cases of serious injury may authorize hospital
emergency treatment.
· The supervisor shall also prepare and submit the Supervisor's Report of
AccidenUlnjury/lllness. The report is not to be prepared by the injured
employee.
· The supervisor shall immediately notify the Human Resources Coordinator
and Risk Manager when an employee has been transported for emergency
treatment. Employment verification by the treating entity will be made
through that office.
· The Risk Manager shall be responsible for filing the Notice of Injury and for all
future correspondence relating to the claim. The Human Resources
Coordinator must be notified of any lost time due to the injury.
· Upon returning to work after an injury, an employee must have a physician's
statement releasing the employee to resume duties.
31.2 Occupational Death'
If an employee's death occurs during the performance of job duties and is not caused by
willful negligence on the part of the employee, the survivors or beneficiaries of the
employee may be entitled to line of duty accidental death benefits. State law requires
that all employees' injuries or death in the line of duty be covered by Workers
Compensation benefits (see Section 32.6).
City of Winter Springs
Page 50
SECTION 32
SUBJECT: RETIREMENT, INSURANCE AND UNIFORMS
The City of Winter Springs provides health, life insurance, employee retirement, and long term
disability benefits to full-time employees.
32.1 Employee Retirement
All employees, including those classified as other than full-time, shall be covered by the
United States Social Security Program. The cost of taxes paid to the Federal
Government on the employee's behalf shall be shared equally by the employee and the
City.
The City has a retirement system that is a "Floor-offset Plan". Briefly, this plan is a
combined Defined Benefit and Defined Contribution Plan whereby at retirement the
employee selects the plan he/she feels will best suits his/her retirement needs. The
retirement plan is a contributory plan by both the City and the employee. Current
contributions are 8% by the City and 2% by the employee.
The employee at retirement may accept the defined contribution amount or the defined
benefit amount which equals the floor or the minimum amount the employee can
receive. The current floor or minimum amount equals 2% per year of the employee's
highest three years of total compensation averaged up to a maximum of 30 years.
However, the employee must meet the following requirements for retirement:
· 65 years of age;
· 55 years of age with a minimum of 10 years of service; or
· 25 years of s.ervice at any age with an actuarial reduction for ages less than 55.
Employees must be considered to be full-time and contributions are mandatory in order
to be included in the retirement system.
32.2 Life Insurance
Life insurance is provided for general employees to equal the amount of the annual
salary not to exceed $50,000. Police and Fire employee benefits are defined through
existing contracts and applicable Florida statutes. Life insurance benefits are available
on the first day of the calendar month following date of hire.
32.3 Health Insurance and Long Term Disability
Health and long-term disability benefits are provided to employees through the City's
insurance policy. Employees are eligible for coverage on the first day of the calendar
month following 30 days from the date of hire. Employees may purchase family health
insurance for spouse and dependent children. Further information is available from the
Human Resources Coordinator.
32.4 Vision, Dental and Optional Life Insurance
Vision care, dental care and optional life insurance is available through the City at the
employee's expense.
City of Winter Springs
Page 51
SECTION 32
SUBJECT: RETIREMENT, INSURANCE AND UNIFORMS
32.5 Continuation of Coverage Rights under the Federal Consolidated Omnibus Budget
Reconciliation Act (COBRA)
The group health plan offers continuation of coverage to certain persons who would
otherwise lose coverage due to certain "qualifying" events. Examples of common
qualifying events are resignation, termination of employment, or death of an employee, a
reduction in an employee's hours or a leave of absence, employee's divorce or legal
separation, and a dependent child no longer meeting eligibility requirements.
Under the plan, the employee or beneficiary pays the full cost of coverage at the City's
group rates plus an administrative fee. The coverage offered shall be identical to the
coverage the person had under the plan before such event. As a participant in the plan,
employees and their dependents may be entitled to continuation of coverage if coverage
under the plan terminates. The City shall provide each eligible employee with a written
notice describing rights granted under COBRA and obligations when the employee
becomes eligible for coverage under the City's health insurance plan. Further
information is available from the Human Resources Coordinator.
32.6 Worker's Compensation Insurance
Employees of the City of Winter Springs are covered by Worker's Compensation from
the date of employment and this program covers any injury or illness sustained in the
course of employment that requires medical, surgical, or hospital treatment. Worker's
Compensation insurance provides benefits after a short waiting period, or if the
employee is hospitalized, benefits begin immediately, subject to applicable legal
requirements. The City will comply with all relevant statutes in the administration of
Worker's Compensation.
Employees shall report any on-the-job injury immediately to their supervisor who shall
render the necessary aid and advise the Department Head. A Notice of Injury (DWC 1)
filed with the Human Resources Coordinator no later than 12:00 PM the followirig
workday. See Section 31 for further explanation of reporting injuries.
In the event of an on-the-job injury, for a maximum of calendar 90 days, the City will pay
the employee the equivalent of his/her regular salary prior to the disability. The time lost
as a result of the on-the-job injury during the 90 day period will not be charged against
any existing type leave time. As a condition precedent to obtaining full pay from the City
during disability, the employee must formally assign his Worker's Compensation weekly
benefits to the City for the period of the disability leave and extension thereof.
Any employee injured on the job shall be paid a full day's wage for the day of the
accident if the treating physician advises that the employee could not have or should not
have returned to work that day.
When an employee is injured on the job but is able to work, an effort will be made to find
an assignment he/she can perform. Known as light duty, this work mayor may not be
related to the employee's normal duties. While on light duty, the employee will continue
to be paid at his/her salary prior to the injury.
City of Winter Springs
Page 52
SECTION 32
SUBJECT: RETIREMENT, INSURANCE AND UNIFORMS
32.7 Uniforms
For some jobs in the City, it is appropriate for the employees to wear uniforms. The City
may either furnish them or an allowance may be granted to the employee. For the most
part, the specifics concerning uniforms are defined under union contracts. Uniforms may
be required and furnished to employees as determined appropriate by the City.
City of Winter Springs
Page 53
SECTION 33
SUBJECT: SEPARATION
33.1 General
Separation from the City may occur in several ways. Each is discussed in the following
paragraphs.
33.2 Voluntary Resignation
An employee who desires to resign and who is in good standing shall submit a written
resignation to the supervisor or Department Head at least 14 calendar days before
leaving. The resignation letter must state the reason for separation and the intended last
day of employment. Such resignation entitles the employee to payment of any benefits
due. Failure to comply with this procedure may be considered cause for denying future
employment by the City.
33.3 Retirement
Employees may retire from the City provided they meet the necessary requirements (see
Section 32 for more information).
33.4 Separation for Disability
An employee may be separated from the City when he/she is no longer able to perform
the essential functions of the assigned position.
When a question exists about an employee's ability to perform his or her duties due to
disability, the employee. supervisor, or Department Head shall immediately notify the
City Manager. The City shall investigate and may require an examination to be
performed at its expense by a physician of its choice in order to document a disability
Once the extent of the disability becomes known, the City shall make every reasonable
effort to accommodate the employee so that he/she may continue to work. Separation
for a disability shall only occur if all reasonable efforts to accommodate the employee
have been unsuccessful. Employees will be given the reasons for separation in writing,
and the specific procedures to follow in appealing to the City Manager whose decision is
final.
33.5 Resignation Due to Unauthorized Absence
A resignation as a result of unauthorized absence does not entitle the employee to
payment of any benefits due. A resignation by an employee as a direct result of the
unauthorized absence is considered to be "not in good standing".
33.6 Discharge
Discharge is an action taken by the City to terminate an employee's services because
the individual has violated the conditions of employment and, continued employment, in
the judgment of a Department Head, is not in the best interests of the City. Reasons for
discharge include violations of City policies, lack of qualification and/or failure to perform
work satisfactorily.
City of Winter Springs
Page 54
SECTION 33
SUBJECT: SEPARATION
Regular employees will be given the reasons for discharge in writing, and the specific
procedures to follow in appealing the discharge to the City Manager, whose decision is
final. Probationary employees do not have to be given the reasons for discharge and
cannot appeal the decision.
33.7 Separation Due to Death
Separation from the City shall be effective as of the date of an employee's death. All
compensation and other benefits due to the employee as of the time of death shall be
paid to the next of kin or the estate in accordance with Florida Statutes, Section 222.15.
Additionally, the Department Head shall take appropriate actions to obtain the return of
any City property (badges, keys, tools, equipment, etc.) in the possession of the
deceased.
33.8 Exit Interviews
The City will schedule exit interviews at the time of employmenttermination affording an
opportunity to discuss such issues as employee benefits, conversion privileges,
repayment of outstanding debts to the City, or return of City owned property.
Suggestions and complaints concerning how the City operates are also encouraged.
33.9 Benefits upon Departure
Employees will receive their final pay and benefits in accordance with applicable City
policy.
Any employee who resigns will be allowed to carry health insurance coverage at his or
her own expense through COBRA for a specified length of time. The Human Resources
Coordinator will provide the necessary information concerning COBRA benefits to the
employee.
An employee who elects to retire will receive the same benefits as an employee who
resigns. Additionally, the employee who retires under the City's Retirement Plan may
choose to retain hospital and life insurance benefits in effect at the employee's expense.
All payments shall be paid at least quarterly in advance to the Human Resources
Coordinator accompanied with a current mailing address. Otherwise, the individual will
be deleted from the insurance program.
Employees whose employment is terminated by the City shall be paid all accrued,
vested benefits that are due and payable at termination. Some benefits may be
continued at the employee's expense if the employee so chooses. The employee will be
notified in writing of the benefits that may be continued and of the terms, conditions, and
limitation of such continuance.
City of Winter Springs
Page 55
SECTION 34
SUBJECT: LAYOFF AND RECALL
34.1 Layoffs
The City may layoff employees due to changes in duties or organization, lack of work or
unavailability of funds.
34.2 Criteria for Layoffs
Once determined that a department will be laying off employees, it shall consult with the
General Services Director and the City Manager in making the final determinations
concerning which employees will be affected.
Guidelines have been developed to ensure that in the event of lay-offs, all affected
Departments will utilize uniform criteria in developing lay-off strategies. It must, of
course, be realized that individual departments have different missions and operate
under different constraints so that the strategies may not be entirely consistent between
departments. In any case, the following criteria should be applied.
1. Departmental Needs
Top priority should be given to minimizing the impact upon the delivery of services to
the public. Therefore, those positions least critical to the accomplishment of
departmental goals should be eliminated first.
2. Employee Performance and Productivity
Next the employee's' work performance histories (as documented in their
Performance Evaluation forms) should be consulted giving special consideration to
the quality and quantity performance factors. Attendance, disciplinary and safety
records should also be considered,
3. Employee Skills, Knowledge and Ability
If job duties or tasks have been restructured due to the lay-offs, consideration should
be given to those employees who possess those skills, knowledge and ability what
will meet the requirements of the new jobs and the needs of the department.
4. Length of Service with the City
Length of continuous service with the City should be considered.
34.3 Layoff Procedures
Once the City Manager has determined, in consultation with the Department, which
employees will be laid-off, every effort will made to integrate these employees into other
departments by transfer. Where that is not possible, Human Resources shall issue the
necessary notices and employees shall be given a minimum of fourteen (14) calendar
days notice prior to being laid off.
It should be noted that which employees will be laid off is ultimately a decision of the City
Manager and not subject to appeal.
City of Winter Springs
Page 56
SECTION 34
SUBJECT: LAYOFF AND RECALL
34.4 Recall
Names of employees laid off by the City will be maintained on a recall register for a
period of six (6) months. During this period, should an appropriate job become available
for which the laid-off employee has adequate job-related skills, he/she will be notified.
Following this notice, the employee will subsequently be treated in the same manner as
any new applicant applying for City employment. The employee on recall who is notified
of a position opening will compete with other applicants for the position and the most
suitable employee will be hired.
34.5 Severance Pay
If it becomes necessary for the City to abolish a position to reduce the number of
employees, severance pay will be granted as per the following:
3-5 years of service
6-10 years of service
11-25 years of service
Over 25 years of service
10 workdays
20 workdays
30 workdays
40 workdays
Accrued Vacation Leave will be paid due to reduction in staff as defined under
"Resignation or Retirement".
City of Winter Springs
Page 57
SECTION 35
SUBJECT: DISCIPLINE OF EMPLOYEES
35.1 Purpose
It is the policy of the City of Winter Springs to provide a well defined and consistent
disciplinary system which sets forth fair standards of conduct as well as the guidelines
for violation. Expectations for all employees will be applied equally and where violations
occur, discipline will be applied equitably without bias or prejudice.
35.2 Intent
Disciplinary actions should first be characterized as corrective and constructive rather
than punitive. They will be utilized as an element of an overall program to educate and
motivate employees to exhibit behavior which will contribute to individual growth and
development and to the successful operation of City government.
35.3 Eligibility
Any City employee who violates the City's standards of conduct and performance will be
subject to disciplinary action. Specifically, they may result from:
1. Failure to perform the job in a satisfactory manner, that is, unsatisfactory
performance as to one or more of the requirements of the job.
2. Infractions of the rules, regulations, policies or procedures as established by the City
or the department.
3. Offenses or misconduct specifically prohibited by law.
35.4 Considerations in Applying Discipline
While the City desires to apply discipline (both departmental and citywide), it recognizes
that numerous factors must be considered in determining the appropriate level of
discipline for each infraction. Examples of these factors include the time intervals
between offenses, the effectiveness of prior disciplinary actions, the willingness to
improve, the overall work performance, the job attitudes and the disciplinary actions
previously taken with other comparable employees for similar offenses.
Further, some infractions may be more serious in one situation because of the
employee's responsibilities than in another.
A repetition of the same offense or some other serious offense indicates that more
severe disciplinary measures may be necessary. Further, certain offenses are of such a
serious nature that immediate discharge upon the first offense is applicable.
Finally, each incident of misconduct differs somewhat from similar incidents and the City
retains the right to treat each occurrence individually without creating a precedent for
cases that may arise in the future.
35.5 Progressive Discipline
When circumstances permit, Department Heads shall practice "progressive discipline"
by administering gradually increasing disciplinary actions for each successive instance
City of Winter Springs
Page 58
SECTION 35
SUBJECT: DISCIPLINE OF EMPLOYEES
of employee misconduct. Nonetheless, each instance shall be fully documented for
inclusion in the employee's personnel file.
35.6 Types of Action
The approaches described herein are not to be construed as a limitation upon the
retained rights of the City but are to be used as a guide.
1. Verbal Warning
The purpose of a warning is to allow the supervisor to bring to the employee's
attention the need for improving his/her performance, work habits, behavior or
attitude and to serve as a verbal warning against further repetition of the
unsatisfactory conduct. The supervisor should utilize the occasion to identify and
define the area needing improvement and inform the employee as to how such
improvement can be realistically achieved. Verbal warnings are to be documented
and include the result of any further violation.
2. Reprimand
In situations where verbal warnings have not resulted in the desired improvement, or
when an employee commits a more serious offense, a written reprimand should be
given to the employee and placed in the employee's personnel file. The reprimand
should include a complete description of the incident of misconduct and refer to
specific times, dates, locations, personnel involved, rules violated and the result of
any further violation.
3. Suspension
In the event of continued and repetitive offenses for which the employee has already
received a reprimand, or where the nature of the offense is relatively serious, an
employee may be suspended for a specific period of time without pay.
In cases where an investigation may have to be made of the employee's conduct or
of the seriousness of the offense, an employee should be placed on indefinite
suspension which may be changed to dismissal depending on the results of the
investigation.
4. Dismissal
For offenses not remedied, the repetition of serious offenses, or on the occurrence of
an extremely serious offense, an employee may be dismissed from City employment.
5. Demotion
In some instances, it may be appropriate for the employee to be demoted. Such
cases include:
.
Failure to perform the higher level job;
City of Winter Springs
Page 59
SECTION 35
SUBJECT: DISCIPLINE OF EMPLOYEES
· Failure to comply with employment conditions such as licensure or
certification; or
In cases where the only alternative to demotion would be dismissal from City
employment, such demotion should be utilized more as a means of retaining the
employee rather than as a disciplinary action.
A voluntary demotion on the part of the employee shall be so designated and shall not
be deemed a disciplinary measure.
35.7 Disciplinary Action Procedures
Most disciplinary actions are initiated by the immediate supervisor but are officially
determined by the Department Head. The final authority to approve a disciplinary action
is related to the type of action taken.
Before a disciplinary action, the Department Head should verify the facts and that the
type of action is appropriate. In the event of disciplinary actions involving discharge,
demotion or suspension of pay, the employee shall be given written notification of the
violation and afforded the opportunity to meet with the Department Head and to offer an
explanation. At the conclusion of the meeting, appropriate action will be determined
with proper approvals, and the employee so notified.
While it is intended that Department Heads have sufficient authority to make reasonable
reviews and investigations of situations involving possible diSCiplinary action, the City
Manager retains the right to investigate any situation within any department.
35.8 Exception to Provisions of this Section - Probationary and Temporary Employees
Probationary and temporary employees may be terminated at any time with or without
cause. Such decision shall be final with no right of appeal.
35.9 Schedule of Recommended Disciplinary Penalties
It is the policy of the City that any employee who violates or attempts to violate any of
the City's standards of job performance or behavior shall be subject to disciplinary
action. The schedule beginning on the next page provides guidelines for disciplinary
actions. Since, as noted previously, a number of factors determine the seriousness of
the offense (for example, the employee's duties, prior offences and so on), the penalties
are suggestions. Consequently, depending on the circumstances of the violation,
intermediary steps may be waived all the way to the point where the employee is
discharged. If should also be noted that all suspensions noted herein shall be without
pay.
City of Winter Springs
Page 60
SECTION 35
SUBJECT: DISCIPLINE OF EMPLOYEES
Recommended Schedule of Penalties
ATTENDANCE
NATURE OF VIOLATION FIRST SECOND THIRD FOURTH
OFFENSE OFFENSE OFFENSE OFFENSE
Unexcused or unauthorized absence within a one year Written 3 - Day Discharge
time frame (1 work day) Reprimand Suspension
Tardiness (more than 15 minutes late reporting for work Warning Written 3 - Day Discharge
or reportinq back to work from meal Deriod or break) Reprimand Suspension
Absent for three consecutive days without proper notice Di,scharge
(job abandonment)
Leaving work without permission, excessive Written 3 - Day Discharge or
absenteeism, or absence without notice Reprimand Suspension Suspension
Failure to return from a leave of absence within three Discharge
davs after expiration
WORK PERFORMANCE
NATURE OF VIOLATION FIRST SECOND THIRD FOURTH
OFFENSE OFFENSE OFFENSE OFFENSE
Inaccurate work, failure to comply with standard Warning Written 3 - Day Discharge
procedures, recurrent errors, carelessness Reprimand Suspension
Stopping work before end of shift Warning Written 3 - Day Discharge
Reprimand Suspension
Unfriendly or uncooperative in dealing with co-workers, Warning 3 - Day 10 - Day Discharge
public or supervisors; poor public relations Suspension Suspension
Insubordination Grounds for Discharge
Discharqe
Improper use of or failure to exercise supervisory Written 3 - Day 10 - Day Discharge
authority Reprimand Suspension Suspension
City of Winter Springs
Page 61
SECTION 35
SUBJECT: DISCIPLINE OF EMPLOYEES
GENERAL BEHAVIOR
NATURE OF VIOLATION FIRST SECOND THIRD I FOURTH
OFFENSE OFFENSE OFFENSE OFFENSE
Delaying or restricting operation, or influencing others to Written 3 - Day 10 - Day Discharge
do so Reprimand Suspension Suspension
Speech or behavior to cause, or aggravate tension or Written 3 - Day 10 - Day Discharge
animosity among persons of different racial, ethnic, Reprimand Suspension Suspension
reliqious oroups, or overt discriminatory behavior
Excessive interruption of work for personal phone calls, Warning Written 3 - Day Discharge
or personal visits by or to other employees or friends Reprimand Suspension
Use or possession of alcohol or narcotics on City Discharge
property; or reportino to work under the influence
Sleeping on the job 3 - Day Discharge
Suspension
provoking/instigating a fight or threatening physical harm Grounds for
to or otherwise endanoerino others Discharoe
Possession of danoerous weapons or explosives Discharqe
Not wearing uniform Sent home on 1 - Day 1 - Day 3 - Day
own ti me to Suspension Suspension Suspension
chanoe
Inappropriate dress (Non-uniformed personnel) Sent home on Sent home on 1 - Day 3 - Day
own ti me to own time to Suspension Suspension
chanqe chanoe
Gamblino on City premises Discharqe
Immoral or indecent conduct on the job Suspension;
Possible
discharqe
Harassment as defined in Section 44 Written 3 - Day 10 - Day Discharge
Reprimand Suspension Suspension
Language that is abusive/offensive to co-workers Written 3 - Day 10 - Day Discharge
Reprimand Suspension Suspension
Intentionally misusing or damaging City property 10 - Day Discharge
Suspension
Revealing confidential information; removal of City Discharge
records; or falsifyino City documents
City of Wintor Sprinas
Page 62
SECTION 35
SUBJECT: DISCIPLINE OF EMPLOYEES
GENERAL BEHAVIOR
NATURE OF VIOLATION FIRST SECOND THIRD FOURTH
OFFENSE OFFENSE OFFENSE OFFENSE
Removing City property, negligence or improper conduct 10 - Day Discharge
leading to damage or employer-owned, customer-owned Suspension
property
Failure to maintain valid status of licenses and Discharge
certifications required for the position
SECURITY
NATURE OF VIOLATION FIRST SECOND THIRD FOURTH
OFFENSE OFFENSE OFFENSE OFFENSE
Theft Discharqe
Falsification of employment application or other Discharge
emplovment records; omission of pertinent facts
Falsification of own time cards or other work records DischarQe
Repeated failure to complete own time cards or other 10 - Day Discharge
work records Suspension
Conviction for any violation of law; (except minor traffic Suspension
offenses)
City of Winter Springs
Page 63
SECTION 35
SUBJECT: DISCIPLINE OF EMPLOYEES
SAFETY AND HEALTH
NATURE OF VIOLATION FIRST SECOND THIRD FOURTH
OFFENSE OFFENSE OFFENSE OFFENSE
Failure to follow safety rules and/or policies outlined in Warning Written 3 - Day Discharge
safety manual Reprimand Suspension
Failure to wear specified safety equipment Warning Written 3 - Day Discharge
Reprimand Suspension
Unauthorized operation of tools, machinery, or 3 - Day Discharge
equipment Suspension
Possession of dangerous or unauthorized materials, 10 - Day Discharge
such as explosives or firearms Suspension
Failure to observe traffic and parking laws Written 3 - Day
Reprimand Suspension
Unsafe operation of a City vehicle or piece of equipment Warning Written 3 - Day Discharge
Reprimand Suspension
Failure to report an injury and/or accident Warning Written 3 - Day Discharge
Reprimand Suspension
City of Winter Springs
Page 64
SECTION 36
SUBJECT: EMPLOYEE APPEAL AND GRIEVANCE PROCEDURES
36.1 General Policy
Any regular employee who is suspended, discharged, dismissed or demoted or claims
that the policies have been improperly applied or misinterpreted to the detriment of the
employee may file an appeal in accordance with the procedures herein. Probationary
and temporary employees are excluded from these provisions.
The submission of an appeal or grievance by an employee shall in no way adversely
affect the employee or his employment with the City. Grievances are unacceptable if
filed by one employee for another or for a group of employees. Employees may not
submit grievances concerning management prerogative.
36.2 Appeals Involving Discipline
All supervisors and Department Heads (or those acting in their stead) shall arrange to
discuss a disciplinary action with the affected employee within 3 working days of the time
a written appeal is presented. Failure to do so automatically gives the employee the
right to appeal to the City Manager within five (5) working days.
If the immediate supervisor cannot provide a satisfactory solution, the employee shall
have the right to appeal to the Department Head in writing, within five (5) working days.
The appeal may by-,pass any intermediate supervisors.
The Department Head shall make a determination within ten (10) working days and, if
not satisfied, the employee may appeal to the City Manager within five (5) working days
of the decision of the Department Head. During the process, the Department Head shall
assist the employee in every reasonable way.
The City Manager will meet with the employee, investigate the situation and make a
determination. At this meeting, the employee may present evidence including any
documents and witnesses relating to the discipline. The City Manager will provide a
written decision within seven (7) working days. The decision of the City Manager will be
final and binding.
36.3 Grievance Procedures
If a situation occurs when employees believe that a condition of employment, or a
decision (other than disciplinary action) affecting them is unjust or inequitable, they are
encouraged to consult their supervisor who should discuss the situation and provide any
information, which may satisfy the employees' concerns. If not satisfied, employees are
encouraged to make use of the following steps. At the outset, it should be noted that the
employee may discontinue the procedures at any step.
Step 1
The aggrieved employee shall, within seven (7) calendar days of the incident, formulate
In writing their grievance using the appropriate Grievance Form, and forward the form to
their immediate supervisor. The grievance should specify dates, times, and details of
grievance. If the immediate supervisor is unavailable, or the employee believes it would
be inappropriate to contact the immediate supervisor, then the employee may present
the grievance form to the next supervisory level.
City of Winter Springs
Page 65
SECTION 36
SUBJECT: EMPLOYEE APPEAL AND GRIEVANCE PROCEDURES
The supervisor will review the grievance and schedule a meeting with the employee.
The supervisor will notify the employee in writing as to their decision, via the grievance
form, within seven (7) calendar days from receipt of the grievance form.
Step 2
If the aggrieved employee feels that the matter has not been satisfied or adjusted to their
acceptance in Step 1, they may proceed by forwarding the grievance form to the
Department Head within three (3) calendar days of receipt of the grievance decision
from Step 1.
The Department Head will schedule a meeting with the employee, and will notify the
employee as to the decision on the matter within seven (7) calendar days from receipt of
the grievance decision appeal from Step 1.
Step 3
If the grievance is not resolved to the employee's satisfaction in Step 2, he/she may
appeal by submitting the grievance form to the City Manager within three (3) calendar
days of the receipt of the decision in Step 2.
The City Manager, upon receipt of the grievance form, will proceed in one of three ways:
1. Review and consider the problem, and submit a written response to the employee;
2. Schedule a meeting with the employee to review and discuss the problem; or
3. Forward the grievance to a Grievance Board that will submit a recommendation,
which may be accepted or rejected.
Should the City Manager elect to use a Grievance Board, it will be comprised of three-
people. The Department Head will choose the first member. That person will then select
an additional employee from outside of his or her own Department. Finally, the grievant
will select an employee. The Board will review the grievance and submit a
recommendation, to the City Manager. The Manager may either accept or reject the
recommendation but in any case, render a final decision in writing to the employee within
seven (7) calendar days upon receipt of the grievance decision appeal from Step 2.
A copy of the City Manager's decision will be forwarded to the Human Resources
Coordinator. The decision of the City Manager shall be final and binding on the parties.
The City Manager has total authority to make any adjustment(s) he deems appropriate
to resolve the grievance.
36.4 General Provisions of the Grievance Procedure
The employee and management have the opportunity to call a witness at any step.
Grievants have three (3) calendar days to appeal the decision given in any step to the
next higher step in the grievance procedure. Any grievance shall be considered settled
at the completion of any step, unless it is appealed within the time limits set forth.
City of Winter Springs
Page 66
SECTION 36
.~ EMPLOYEE APPEAL AND GRIEVANCE PROCEDURES
llgievances at their conclusion shall be forwarded to the Human Resources
Gadinator for appropriate action, coordination and filing.
IIIIe response time limit falls on an employee's day off, the reply by management shall
Imgven to the employee on his/her immediately following working day.
~ Springs
Page 67
SECTION 37
SUBJECT: EMPLOYEE SELF IMPROVEMENT AND EDUCATIONAL PROGRAM
37.1 General Provisions
The City believes employee self-improvement and assisting where reasonable and
possible. Classroom schedules, however, must not conflict with the employee's work
schedule and the employee's job shall always take precedence over school.
37.2 Educational Reimbursement
The City Manager has the authority to approve the City's payment of tuition for any
course provided the applicant is not receiving benefits under any other aid program.
Courses recognized for financial educational assistance are as follows:
1. Job Improvement Courses
Courses directly related to the employee's assignment that will improve skills,
knowledge, .and ability to perform duties and increase, through more advanced
technology, potential for promotion.
2. In-Service Training Courses
Pre-approved courses in management and supervisory development. All City
employees are encouraged to participate in this type of training.
37.3 Eligibility for Participation
All regular, full-time employees are encouraged to participate in the City's educational
program.
Employees on probation are not eligible to participate.
Employees receiving payment for their educational expense from other sources are not
eligible for reimbursement.
37.4 Application Procedure
An employee interested in participating in the City's educational assistance program
shall submit an application to the Department Head requesting approval for program
participation.
37.5 Agreement and Certification by Employee
In order to participate in the educational assistance program, the employee must sign an
agreement stipulating that the employee will remain in the City's employ for a minimum
of two full years after completion of the approved course. Should the employee's
services be terminated during this period, voluntarily or involuntarily, the City shall be
reimbursed for funds paid the employee for educational expenses as provided in the
following reimbursement formula:
City of Winter Springs
Page 68
SECTION 37
SUBJECT: EMPLOYEE SELF IMPROVEMENT AND EDUCATIONAL PROGRAM
Termination After Completion of Course(s}
Less than 1 year
Less than 2 years
Over 2 years
Reimbursement to City
100%
50%
0%
Payment shall be taken from the employee's benefits, if any, accrued at the time of .
termination. Any amount due the City over and above said benefits shall be repaid in
monthly installments subject to prior arrangement with the City Manager. Upon
termination of an employee who is indebted to the City, the City Manager will issue an
official City invoice to the employee to be made payable to the City of Winter Springs
and shall be deposited in the funds of the City.
37.6 Completion of Courses and Reimbursement of Expenses
Upon successful completion of the course, the employee's- personnel record will be
documented with his educational achievement and the Department will arrange for
reimbursement to the employee expenses for tuition based on the following schedule:
Passing - letter grade "C"
Letter grade "B"
Letter grade "A"
50%
75%
100%
Reimbursement for courses in which letter grades are not issued will be in the following
manner:
Satisfactory
Unsatisfactory
100%
0%
37.7 Retirement or Death
Should the employee, through death, disability, or regular retirement, fail to continue the
required tenure of employment as provided herein, any remaining City liability for
reimbursement of educational expenses shall be canceled immediately.
City of Winter Springs
Page 69
SECTION 38
SUBJECT: TRAINING AND CONFERENCE ATTENDANCE
38.1 General
From time to time, an employee may wish to attend a seminar, conference, professional
meeting or training program. In order to do so, the employee will need to be away from
work.
38.2 Procedure
All requests should be made in writing and forwarded to the appropriate Department
Head. He/she may grant a request for absence with pay for regular employees who are
attending conferences and/or training which benefits the City. The City Manager has
approval responsibility for Department Heads. Approval must be obtained in advance.
City of Winter Springs
Page 70
SECTION 39
SUBJECT: TRAVEL POLICY
39.1 Travel Policy
Each City officer and employee who wishes to travel to a convention, conference,
meeting, or to otherwise conduct bona fide City business outside the City must submit a
written request and approved prior to travel commencing.
39.2 Travel Expenses
Provided the City Manager approves the request, the City will reimburse travel expenses
as outlined in the following paragraphs.
1. Transportation by common carrier is reimbursable when substantiated by a receipt
therefore, or on an advanced basis provided it is approved by the City Manager. All
such travel shall be the most economical class available and employees whose
travel plans have been approved are responsible for making their own travel
arrangements.
2. Transportation by privately owned vehicles, including an automobile allowance in lieu
of use of City vehicles, must be authorized by the City Manager. A mileage
allowance will be provided for privately owned vehicles at the rate equal to the
current State Statute allowance for business travel.
3. The following other incidental travel related expenses may be reimbursed provided
they are substantiated by a receipt.
. Taxi fare;
. Ferry fares, bridge. turnpike, and other tolls;
. Storage and parking fees; and
· Communication expenses.
4. Meals are compensated by an allowance in accordance with the current Florida
State Statute (Ch. 112.016). Note: The City will not reimburse the cost of alcoholic
beverages.
5. Actual expenses for lodging at a single occupancy rate, to be substantiated by paid
bills.
If deemed appropriate, the City Manager may adjust payment amounts to compensation
for special conditions.
39.3 Travel Advances
The City Manager may make or authorize advances to cover anticipated travel. If the
amount of the advance is more than the amount actually spent, the City officer or
employee shall return the difference to the City. If the advance is less than actually
spent, the City will reimburse the difference to the employee.
City of Winter Springs
Page 71
SECTION 39
SUBJECT: TRAVEL POLICY
39.4 Reimbursement Procedures
When travel is completed, employees should submit completed travel expense reports
within seven (7) days or risk forfeiting reimbursement. Reports should be accompanied
by receipts for all individual expenses when required. Employees shall contact their
Department Head for guidance and assistance on procedures related to travel
arrangements, expense reports, reimbursement for specific expenses, or any other
business travel issues.
39.5 Accidents While Traveling
Employees who are involved in an accident while traveling on business must promptly
report the incident to their immediate Department Head.
39.6 Abuse
Abuse of this travel policy, including falsifying expense reports to reflect costs not
incurred by the employee, can be grounds for disciplinary action, up to and including
termination of employment.
City of Winter Springs
Page 72
SECTION 40
SUBJECT: SAFETY PROGRAM AND PROCEDURES
40.1 Policy Statement
The City is vitally concerned about the safety of every employee and of the general
public. As such, the City makes every effort to provide safe working conditions including
safe equipment, procedures and surroundings for all employees.
The primary reason to have a safety policy shall be to protect employees and the public.
Other reasons are:
1. To provide a base from which to implement and enforce safe practices and
procedures;
2. To reduce the number of on-the-job accidents, thus reducing costs by:
· Holding down Worker's Compensation claims and public liability costs;
· Reducing uninsured costs such as:
a. Lost time due to injured workers;
b. Cost due to equipment damage;
c. Cost to employer under employee benefits;
d. Cost to employer in wage contributions of the injured worker;
e. Overhead costs per injured worker.
It is thus, extremely important that the City and its employees work together to locate
and eliminate conditions which lead to accidents.
40.2 City Manager's Responsibility
The City Manager has responsibility for the establishment of a comprehensive safety
program and for the administration and on-going development of safety education and
training.
40.3 Supervisor's Responsibility
It is the supervisor's responsibility to eliminate safety hazards and to look out for the well
being of the employees of the City. He/she should recommend procedures to reduce
the frequency of job accidents by identifying, correcting, and reporting all unsafe
conditions or unsafe acts as they occur. Each department is responsible for
implementing, administering, and evaluating their respective safety program.
Some of the actions required to implement an effective safety program include:
1. Thorough knowledge of employees related to job assignment, job instruction, and the
maintenance of discipline;
2. Pre-job planning and promoting the use of safety devices;
3. Frequent inspections of job sites and enforcement of safety rules;
City of Winter Springs
Page 73
SECTION 40
SUBJECT: SAFETY PROGRAM AND PROCEDURES
4. Close checks with employees to advise them of safety procedures and other relevant
safety information such as safety training; and
5. Prompt action to correct unsafe conditions and work practices and reporting
accidents within twenty-four (24) hours after the date of accident or following
holidays and weekends.
40.4 Employee Responsibility
Employees shall exercise caution in all work activities and immediately report any unsafe
conditions to appropriate Department Heads. Additionally, all employees are expected
to familiarize themselves with and shall adhere to the following rules.
1. Report all injuries and accidents immedia!ely to the supervisor and to the Human
Resources Coordinator. Appropriate medical treatment must be obtained.
2. Use all safety devices and equipment properly.
3. Be safety conscious at all times. Employees are encouraged to offer suggestions
that would improve safety conditions.
4. Avoid horseplay at the work site at any time.
5. Observe all safety precautions in the use of equipment of which could cause injury to
one's self or other employees.
6. Seek explanation when the safety rules, work practices, procedures, or instructions
are not clear.
7. Properly maintain all work areas and equipment.
Failure to observe proper safety procedures, failure to utilize safety equipment, or failure
to report an accident, injury, or defective equipment or vehicles may result in disciplinary
action.
40.5 Safety Committee
The Safety Committee shall be composed of no less than eight members. Time off with
pay shall be granted to Committee members for attendance at Safety Meetings.
The Safety Committee shall meet on a monthly basis or such other times as required by
the Risk Manager. It shall be the purpose of these meetings to discuss problems and
areas of mutual concern regarding the safety and health of all City employees.
The Committee shall convene on a regular basis to review incident frequency and
determine if remedial measures are available.
City of Winter Springs
Page 74
SECTION 41
SUBJECT: DRUG-FREE WORKPLACE
41.1 Drug-Free Workplace Policy
The City of Winter Springs is a drug-free workplace. The City takes this policy very
seriously and employees violating the policy will be subject to disciplinary action up to
and including termination of employment.
41.2 Purpose of the Drug-Free Workplace Policy
The Drug-Free Workplace Policy is designed to:
· Establish and maintain a safe, healthy working environment for all
employees;
· Reduce the incidence of accidental injury;
· Provide assistance in rehabilitating any employee who seeks the City's help
in overcoming an addiction to, dependence upon, or problem with alcohol or
drugs; and
· Ensure the reputation of the City and its employees as good, responsible
citizens worthy of the responsibilities entrusted to them.
41.3 Prohibited Substances
No alcoholic beverages will be used while on the job.
The use of an illegal di-ug or controlled substance or the possession of same on or off
duty is prohibited. The City of Winter Springs maintains a list of prohibited substances
and a copy can be obtained from the Human Resources Coordinator. '
No prescription drugs shall be brought upon City premises by any person other than the
person for whom the drug is prescribed by a licensed medical practitioner, and shall be
used only in the manner, combination, and quantity prescribed. Any employee
undergoing medically prescribed treatment which may limit the ability to perform the job
must report this treatment to the supervisor prior to beginning work. Failure to comply
with this requirement may be cause for disciplinary action.
41.4 Prohibited Conduct
No employee may possess, distribute, sell or be under the influence of alcohol or illegal
drugs while conducting business-related activity in a drug-free. healthful, and safe
workplace.
The "occasional" or "recreational" use of illegal drugs or controlled substances will not
be excused whether on or off the job. The sale, trade, or delivery of illegal drugs or
controlled substances by an employee to another person is cause for terminati9n and
referral to law enforcement authorities.
City of Winter Springs
Page 75
SECTION 41
SUBJECT: DRUG-FREE WORKPLACE
The legal use of prescribed drugs is permitted on the job only if it does not impact an
employee's ability to perform the essential function of the job effectively and in a safe
manner that does not endanger other individuals in the workplace.
41.5 Drug Testing
Any employee suspected of being under the influence of alcohol, illegal drugs, or
controlled substances due to reasonable suspicion, will be suspended from work and be
required to submit to a drug/alcohol screening and evaluation. The employment of any
employee refusing to take a drug test shall be terminated immediately.
41.6 Consequences of a Positive Drug Test
A regular, non-probationary employee whose blood or urine is found to contain the
presence of illegal drugs, or who has been found to have used or been under the
influence of alcohol, illegal drugs, or inappropriate use of legal drugs, while on duty, shall
be subject to disciplinary action, up to, and including, dismissal. He/She may also be
referred to treatment.
Any probationary employee who tests positive for a prohibited substance shall have
his/her employment terminated immediately.
41.7 Voluntary Treatment
Any employee who feels that he or she has developed an addiction to, dependence
upon, or problem with alcohol or drugs, legal or illegal, is encouraged to seek
assistance. Assistance may be sought by asking for a personal appointment with the
City Manager. The employee will be referred to an appropriate treatment organization.
Rehabilitation is the responsibility of the employee. Any employee see!<ing medical
attention for alcoholism or drug addiction may use accrued personal leave for
rehabilitation. The employee must provide certification of continuous enrollment and
active participation in a treatment program. Upon successful completion or treatment,
the employee will be returned to active status without reduction in pay.
41.8 Involuntary Treatment
If required to take a drug test, if the test is positive and the evaluation determines a
dependency, the employee will be referred to an appropriate facility for treatment. The
costs of such treatment shall be paid by the employee. A positive drug/alcohol
screening is considered a major infraction of City regulations.
41.9 Failure to Submit to or Complete Treatment
Any employee suffering from an alcohol or drug problem who rejects treatment or who
leaves a treatment program prior to being properly discharged may be immediately
terminated. No employee will be eligible for an assistance program more than once.
41.10 Recurrence of a Substance Abuse Problem
The recurrence of an alcohol or drug problem will result in immediate termination.
City of Winter Springs
Page 76
SECTION 41
SUBJECT: DRUG-FREE WORKPLACE
41.11 Commercial Driver's Licenses
Under Federal regulation, all employees with a Commercial Driver's License (CDL) must
submit to alcohol and controlled substances tests periodically.
City of Winter Springs
Page 77
SECTION 42
SUBJECT: USE OF TOBACCO IN THE WORKPLACE
42.1 Purpose
The purpose of this policy is to protect the health, comfort, and environment of City
employees and visitors by creating areas in City buildings and at public meetings that
are reasonably free from tobacco (both smoking and smokeless).
42.2 Smoke Free Areas
While the City management respects the individual preferences of those who use
tobacco, it also recognizes a responsibility to protect employees and visitors from harm
from tobacco. Thus, use of tobacco, by both employees and visitors, is prohibited in all
city buildings except in smoking areas which have been specifically designated by the
City Manager. Further, smoking is prohibited in City-owned vehicles.
42.3 Smoking by Employees
With the exception of firefighters, employees are permitted to smoke in designated
smoking areas while at work and whenever they please outside of working hours.
Employees in the Fire Department are not permitted to smoke and shall sign an affidavit
affirming that they have not been a user of tobacco or tobacco products for at least one
year preceding an application for certification as a Firefighter, in accordance with Section.
633.34 (6), Florida Statutes. Those hired before January 1, 2000 are grandfathered in
and may continue to smoke off the job.
City of Winter Springs
Page 78
SUBJECT: OUTSIDE EMPLOYMENT
SECTION 43
43.1 Policy
Employees may accept outside employment, so long as it is not detrimental to his/her
performance or adverse reputation of the City. The City Manager or designee must
approve all outside employment.
43.2 Procedures
Employees desiring to accept outside employment in addition to their city jobs must
obtain approval of the City Manager or designee. Requests shall be in writing and shall
explain the type of employment and hours involved for which the request is made. Such
requests shall be submitted to the Department Head and then forwarded with a
recommendation to the City Manager who will approve or disapprove the request. All
questions concerning whether such employment may be in violation of City policy or
detrimental to the reputation of the City shall be determined by the City Manager or
designee.
Once permission is granted, it may be denied or withdrawn at any time should the
Department Head feel such employment is interfering with the employee's efficiency or is
in conflict with the interest or reputation of the City.
City of Winter Springs
Page 79
SECTION 44
SUBJECT: HARASSMENT
44.1 Policy
The City does not and will not tolerate any form of harassment, sexual harassment, or
intimidation of city employees. The term "harassment" includes, but is not limited to,
slurs, jokes, and other verbal, graphic, or physical conduct relating to an individual's
race, color, sex, religion, national origin, marital status, citizenship, age, or disability.
"Harassment" also includes sexual advances, requests for sexual favors, unwelcome or
offensive touching, slander or spreading rumors as to another's sexual preferences or
behavior, and other verbal, graphic, or physical conduct of a sexual nature which has the
effect of unreasonably interfering with an individual's work performance, or which
creates an intimidating, hostile, or offensive work environment. Verbal abuse or insults
of a sexual nature, inappropriate or unnecessary touching of an individual, or physical
contact, and sexually degrading words used to describe an individual, as well as
sexually suggestive pictures posters, cartoons, and drawings can also be considered
sexual harassment.
Anyone engaging in sexual or other unlawful harassment will be subject to disciplinary
action, up to and including termination of employment.
44.2 Employee Responsibility
Employees who feel that they have been subjected to sexual or other harassment,
including but not limited to the conduct listed above, by another employee, a citizen, or a
vendor, should notify the Department Head or General Services Director immediately. If
for any reason the employee is reluctant to report the matter to the Department Head or
the General Services Director, or is not satisfied after bringing it to their attention, the
employee should immediately contact the City Manager. The city emphasizes that you
are not required to complain first to your supervisor. The matter will be thoroughly and
confidentially investigated by the General Services Director, and where appropriate,
disciplinary action will be taken. A report documenting the case and subsequent findings
will be forwarded to the City Manager.
Employees should not assume that the city is aware of a problem. It is the responsibility
of the employee to bring any complaints and concerns to the attention of the city.
Employees will not be penalized in any way for reporting possible harassment
concerning himself or herself or another employee.
44.3 Supervisory Responsibility
Sexual, racial, ethnic, or other illegal harassment of any employee by any member of the
staff, or by a visitor to our workplace, will not be tolerated. All supervisory personnel
have the explicit responsibility and duty to take immediate corrective action to prevent
any harassment of our employees.
Successful implementation of this policy depends on the swift and effective action of the
City's supervisory staff. All complaints must be reported immediately to the City
Manager and the General Services Director. All complaints of sexual or other
harassment will be promptly and confidentially investigated. Failure for a supervisor to
carry out his/her responsibilities in this area will result in disciplinary action taken against
the supervisor. Contact the General Services Director with questions about this policy.
City of Winter Springs
Page 80
SECTION 45
SUBJECT: NEPOTISM
45.1 Purpose
The purpose of a policy on nepotism is to prevent problems of supervision, safety,
security and morale.
45.2 Hiring
No person shall be given a permanent full-time or part-time appointment when the
individual is directly or indirectly supervised by a close relative. Additionally, an
individual will not be placed in a position to work with or have access to sensitive or
confidential information regarding a close relative.
45.3 Marriage
If employees become related after employment creating a situation where one of the
couple is directly or indirectly supervised by the other, or, if a reorganization creates
such a situation, areasonable time shall be provided to resolve the matter. If the
decision is not made within 30 calendar days. the Department Head will decide. If
resolution is not possible, the City Manager or designee may require one or both of the
employees to transfer or resign.
45.4 Personal Relationships
The City recognizes that there are many situations where two individuals who have a
personal relationship may appropriately be allowed to work in the same program, activity
or location without adverse impact. However, under circumstances where work, safety,
morale, or impartial supervision is demonstrably and adversely impacted by a personal
relationship, the affected employees may be accommodated by the reassignment of one
or the other.
City of Winter Springs
Page 81
SECTION 46
SUBJECT: SOLICITATION, DISTRIBUTION AND VISITORS
46.1 Purpose
The City strives to establish a work environment that is productive and without undue
disruptions to the workday.
46.2 Visitors
Only authorized visitors are allowed in the workplace. All visitors should enter City Hall
at the Information Desk or the appropriate reception areas. This policy includes
employee's children in attendance during the workday.
46.3 Solicitation
Soliciting by one City employee of another, or collecting from one employee by another.
is prohibited while either employee is on work time unless an exception is approved by
the City Manager. Examples of impermissible forms of solicitation include the collections
for community, religious. political and charitable groups outside the scope of official
organization business. Bulletin boards are reserved for official organization
communications. Distributing literature and circulating petitions during work time or in
work areas at any time is also prohibited. .
If a non-city employee calls upon a City employee during working hours, he/she should
be informed in a courteous manner that solicitation in not permitted.
Finally, trespassing, soliciting or distributing literature by anyone outside the City employ
is prohibited on City premises.
None of the above should be construed to exclude sales representatives on bona fide
business with the City.
City of Winter Springs
Page 82
SECTION 47
SUBJECT: POLITICAL ACTIVITY
47.1 Employees Seeking Elected or Appointed City Office
Any employee who wishes to accept or seek election or appointment to a political office
within the City shall resign prior to declaring his/her intention to run for office. Should the
employee fail to do so, upon presentation of proof, the City shall immediately terminate
his/her employment.
47.2 Membership in a Political Party
Nothing in this policy, however, shall be construed as to prevent any employee from
becoming or continuing to be a member of a political organization, or from attending any
political meeting or from enjoying freedom from any interference in casting their vote.
City of Winter Springs
Page 83
SECTION 48
SUBJECT: MISCELLANEOUS PROVISIONS
48.1 Valid Driver's License
All operators of City vehicles must have a valid drivers license for the type of equipment
the employee is required to drive. Employees are to keep supervisors informed of any
change of status in their license. Proof of license will be filed in the employee's
personnel file.
48.2 Use of City Owned Equipment and Vehicles
Vehicles and equipment required to carry out employee duties must be operated with
utmost cafe and discretion to reflect a positive public image. Undef no circumstance
may vehicles and equipment be used for personal business or pleasure. Further, the
Department Head should be promptly notified if equipment, machines, tools, or vehicles
appear to be damaged, defective, or in need of repair. Any questions about employee
responsibilities for maintenance and care of equipment Of vehicles used on the job shall
be directed to Department Heads. Operating vehicles requires valid driver licenses
issued by the State of Florida, use of safety belts, and off street parking at residences.
48.3 Federal Emergency Management Act
When a state of emergency has been declared, salaried employees will have their
salaries converted to an hourly wage based on 2,080 hours per year. This conversion
will allow the City to recover monies for actual hours worked under the Federal
Emergency Management Act.
48.4 Emergency Closings
In the event that emergencies occur during non-working hours, local radio and/or
television stations shall be asked to broadcast notification of the closing. When
operations are officially closed due to emergency conditions, the time off from scheduled
work will be paid. Employees in essential operations may be asked to work on a day
when operations are officially closed. In these circumstances, employees who work will
receive regular pay.
48.5 Public Relations/Complaints
When dealing or associating with the public, employees shall conduct themselves in a
creditable and courteous manner. Comments and answers to questions will be dealt
with in a courteous manner. If unable to supply a factual answef to a question from the
public, every effort shall be made to obtain a factual reply or answer as soon as
possible.
Complaints by any member of the public which are brought to the attention of any
employee of the City shall be immediately relayed to his supervisof or Department Head.
City of Winter Springs
Page 84
SECTION 48
SUBJECT: MISCELLANEOUS PROVISIONS
48.6 Information Regarding Life-Threatening Illnesses
The City shall take reasonable precautions to protect the confidentially of medical
information regarding life-threatening illnesses, and anyone disclosing such information
is subject to disciplinary action, up to and including termination of employment.
48.7 Recycling
Environmental awareness shall be encouraged through recycling and waste
management in business practices and operating procedures. This policy includes the
commitment to the purchase, use, and disposal of products and materials in a manner
that will best utilize natural resources and minimize any negative impact on the
environment while helping to solve trash disposal and control problems.
48.8 Return of Property
Employees shall be responsible for all property, materials, or written information issued
to them or in their possession or control. Employees shall return all City property
immediately upon request or upon termination of employment. Shortages shall be
charged to the employee where necessary. .
48.9 Use of Phone, Mail and Computer Systems
Employees are prohibited from making unauthorized personal calls and using City
postage for personal correspondence. Employees shall be required to reimburse the
City for any charges resulting from their personal use of the telephone system.
Employees also must limit their use of the City's computer system (including e-mail and
the internet) to City business.
48.10 Reference Checks
Employment reference check inquiries are to be submitted in writing for confirmation of
dates of employment, wage rates, and positions held. Such inquires will be responded
to by the Human Resources Coordinator.
City of Winter Springs
Page 85
SECTION 49
SUBJECT: DEPARTMENT HEADS
49.1 Policy
As key members of the City's management staff, Department Heads serve at the
pleasure of the City Manager.
49.2 General Provisions
Department Heads are expected to comply with the policies and procedures set forth in
this document, and are governed by the policies and procedures set forth herein, except
Sections 33, 34, 35, and 36.
49.3 Separation from Employment
Because Department Heads serve at the pleasure of the City Manager, they are
employed at will and may be freely terminated at any time with or without reason.
49.4 Review of Termination Decision
Within two working days of notification that he or she will be terminated, a Department
Head may request a meeting with the City Manager to present any reasons Why he or
she should not be terminated.
49.5 Benefits Upon Termination
To the extent a Department Head is terminated for reasons other than misconduct,
misfeasance, or malfeasance, he or she will receive ninety (90) days separation pay and
any accumulated vacation he or she may have.
City of Winter Springs
Page 86
SECTION 50
SUBJECT: CODE OF CONDUCT
The City of Winter Springs demands that all its employees adhere to certain recognized
principles and practices in the conduct of their public lives. These principles are embodied in
the following Code of Conduct:
. Employees may not, either directly or indirectly, use their official position with
the City or information obtained in connection with their employment for
private gain.
. Employees shall not accept any gift, favor or service that may reasonably
tend to influence, or give the appearance of improperly influencing, the
discharge of their official duties.
. No employee shall make false statement, certify, or recommend any
appointment under any provision of these policies, or in any manner, commit
or attempt to commit any fraud preventing the impartial execution of the
provisions of these policies, with regards to employment, promotion or
transfer.
. No City employee shall transact any business in his/her official capacity with
any business entity of which that employee is an officer, agent or member, or
which will create a substantial conflict between the private interest and the
public interest.
. No City employee shall have personal investments in any enterprise if it will
create a substantial conflict between the private interest and the public
interest.
. Employees shall not conduct personal business while in City uniform, nor
shall they consume alcoholic beverages, illegal drugs or'prescribed drugs
except under the direction of a licensed physician while on duty, inclusive of
mealtime.
. The political activities of any employee shall be in accordance with and
regulated by Florida Statute section 104.31 as may be amended from time to
time.
Any violations of the provisions of this policy shall be subject to review and appropriate
disciplinary action. If the employee has any doubt as to the application of the policy as it relates
to specific actions, the actions in question should be discussed with the Department Head, who
shall either approve or forbid the activity, or refer the question to the City Manager.
City of Winter Springs
Page 87