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Home My WebLink About2001 06 11 Consent A City of Winter Springs Personnel Policies and Procedures Manual COMMISSION AGENDA ITEM A Consent X Informational Public Hearing Regular June 11. 2001 Meeting ~ / . Mgr. Dept. REQUEST: The City Manager and City Attorney request the City Commission to consider amendments to the City of Winter Springs Personnel Policies and Procedures manual. PURPOSE: The purpose of this Agenda Item is to request the City Commission to consider amendments to the City of Winter Springs Personnel Policies and Procedures Manual. APPLICABLE LAW AND PUBLIC POLICY: Part ill, Chapter 112, Florida Statutes, provides a code of ethics for public officers and employees. Section 112.313(7)(a) provides that no public officer or employee shall have or hold any employment or contractual relationship with any business entity or agency which is subject to the regulation of or is doing business with the agency of which the employee is an officer or employee. Title 7, Civil Rights Act of 1991, as amended; and the Florida Civil Rights Act. CONSIDERATIONS: A. The City Commission adopted the Winter Springs Personnel Policies and Procedures Manual by Resolution # 2000-18 on July 24, 2000. B. Amendment to Section 43 of the Personnel Policies and Procedures Manual which would Page 1 of 2 make employees more fully aware of the guidelines and procedures for obtaining approval for outside employment. C. Amendments to Section 44 of the Personnel Policies and Procedures Manual by directing all complaints of harassment to the City Manager is designed to streamline the process, provide a single-point reporting process and ensure the highest level of review and action upon claims of harassment. OPTIONS: The City Commission has several options: 1. Adopt the amendments to the City of Winter Springs Policies and Procedures Manual as provided. 2. Decline to adopt the amendments to the City of Winter Springs Policies and Procedures Manual as provided, and instruct the City Manager and City Attorney to make specific changes to the proffered amendments and bring the same back before the Commission for review and action. 3. Decline to adopt amendments to the City of Winter Springs Personnel Policies and Procedures Manual. STAFF RECOMMENDATION: The City Manager and City Attorney recommend that the City Commission adopt the amendments to the City of Winter Springs Policies and Procedures Manual as provided in Resolution # 2001-13. ATTACHMENT: Resolution Number 2001-13. COMMISSION ACTION: F:\DOCS\City of Winter Springs\Agenda\personnel policy.kj Page 2 of 2 RESOLUTION 2001-13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CITY PERSONNEL POLICIES RELA TING TO OUTSIDE EMPLOYMENT AND HARASSMENT CLAIMS; 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 ofthe 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. Recitals: The foregoing recitals are affirmed and incorporated as part of this resolution. Section 2. Policy Amendments: (a) Section 43 of the City of Winter Springs Personnel Policies and Procedures shall be amended as follows: (underline type indicates additions; strikeout type indicates deletions) Sec. 43.1 Policv The City of Winter Springs is considered the primary employer for City Employees. Employees may accept outside employment, so long as it is not detrimental to hislher performance, or not adverse to the reputation of the City. and not a conflict of interest with the performance ofthe employee's responsibilities as a City employee as set forth in Section 112.313. Florida Statutes. The City Manager or designee must approve all outside employment. City of Winter Spring Resolution 2001-13 Page 1 of 4 Sec. 43-2 Procedures To ensure compliance with the policv contained in Section 43.1. E 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 and shall state whether or not the outside employer is currently doing business with the City. 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. or a conflict ofinterest shall be determined by the City Manager or designee. An employee's outside emplovment may be subiect to review by the City Attorney for conformance with City policies and Florida Statutes. Once permission is granted, it may be denied or withdrawn at any time should the City Manager or Department Head feel such employment is interfering with the employee's efficiency or is in conflict with the interest or adverse to the reputation of the City. (b) Section 44 of the City of Winter Springs Personnel Policies and Procedures shall be amended as follows: (underline type indicates additions; strikeout type indicates deletions) Sec. 44.2 Emplovee 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 vender, should notify the Depaltment Head 01 Gen<:.ral S<:.rvi<:.<:.s Dile<:.tor City Manager immediately. Iffor any reason the employee is reluctant to report the matt<:'l to the Dcpattme.nt He.ad 01 Gene.lal Se.l vi<:.e.s Dirc<:.tol or is not satisfied after blinging it to the.iI attention, the employ" should imme.diately <:'011ta<:.t the City Managel. The. company emphasizes that yon ate. not le.qnue.d to complain first to yom snperv 1501. If an employee feels more comfortable. they may notify their direct supervisor. who shall immediately notify the City Manager as provided in Section 44.3. The matter will be throughly and confidentially investigated by the Ge.nelal Sel v ices Ditectol City Manager, and where appropriate, disciplinary action will be taken. A City of Winter Spring Resolution 2001-13 Page 2 of 4 Section 3. Section 4. Section 5. Section 6. report doctI1ne.ntillg the. casc and subseqnent findings w ill be for warded 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 ofthe city. Employees will be penalized in any way for reporting possible harassment concerning himself or herself or another employee. Sec. 44.3 Supervisory Responsibility Sexual, racial, ethnic, or other illegal harassment of any employee by any member of the staff, or by a visitor of 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 or the General Ser v ices 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 Se.lVices Director City Manager with questions about this policy Incorporation of Amendments: The City Manager is instructed to amend the City of Winter Springs Personnel Policies and Procedures as provided above and to distribute said amendments to all city employees. Repeal of Prior Inconsistent Resolutions: All prior inconsistent resolutions adopted by the City Commission are hereby repealed. Severability. 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. Effective Date: This resolution shall become effective immediately upon passage by the City Commission of the City of Winter Springs, Florida City of Winter Spring Resolution 2001-13 Page 3 of 4 PASSED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2001. 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 Spring Resolution 2001-13 Page 4 of 4