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HomeMy WebLinkAbout2023 05 22 Consent 303 - Resolution No. 2023-18, Amending the City Personnel Policy 56 RESOLUTION NO. 2023-1 A RESOLUTIONOFTHECITYCOMMISSIONOFTHE CITY OF WINTER SPRINGS,FLORIDA, AMENDING THE CITY’SPERSONNELPOLICIES;PROVIDINGFORTHE REPEALOFPRIORINCONSISTENTRESOLUTIONS; SEVERABILITY; AND 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; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Resolution to be in the best interest 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, FLORIDA, AS FOLLOWS: Section 1. Recitals.The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Amendment of Personnel Policies. Unless otherwise provided or superseded by city charter, city ordinance, state, or federal law, the administration of personnel matters affecting city employees shall be governed by written personnel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.Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission are hereby repealed. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, 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. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. \[SIGNATURES ON FOLLOWING PAGE\] City of Winter Springs Resolution No. 2023-1 Page 1 of 2 57 RESOLVEDbytheCityCommissionoftheCityofWinterSprings,inaregular meetingassembledonthe______dayof,2023. ___________________________________ KEVIN McCANN, Mayor ATTEST: _______________________________ CHRISTIAN GOWAN,City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ________________________________ ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2023-1 Page 2 of 2 58 CITYOFWINTERSPRINGS,FLORIDA Welcome! 59 CITY OF WINTER SPRINGS EMPLOYEE HANDBOOK ACKNOWLEDGEMENT As an employee of the City of Winter Springs, I understand that I should consult this handbook for information concerning employment with the City. Where questions are not answered in the manual, I understand that I should consult my Department Head or the Human Resources Department. Further, I understand that unless there is a valid employment contract in place (which states otherwise), I have voluntarily accepted employment with the City employee and acknowledge there is no guarantee of continued employment. Either I, as the employee, or the City Manager may endthe employment relationship at any time during my employment, with or without cause or advance notice. Since the information, policies, and benefits described here are subject to change, it is acknowledged that revisions to the Employee Handbook and individual personnel policies may occur. All such changes will be communicated through official notices and/or memorandums, 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 Employee Handbook is neither a contract of employment nor a legal document. I have received, read, understand and will comply with the policies contained in the City of Winter Springs Employee Handbook and any revisions made to it. Name (Print) Signature Date For questions, contact Human Resources at (407) 327-1800 5: 61 62 63 64 65 66 67 68 69 6: 71 72 73 74 75 76 77 78 79 7: 81 82 83 84 85 86 87 88 89 8: 91 92 93 94 95 96 97 Please see AI2007-01 in the Appendix for further clarification. 98 99 9: :1 :2 :3 :4 :5 :6 :7 :8 :9 :: 211 212 SECTION 25 SUBJECT: SICK LEAVE 25.1 Rate of Accrual - Sick Leave Sick Leave shall accrue as set forth below: Full-time: 40-Hour Work42-Hour Work56-Hour Work Week / Hours PerWeek / Hours PerWeek / Hours Per Biweekly AccrualBiweekly AccrualBiweekly Accrual Biweekly Accrual 3.692307 3.876923 5.538461 25.2 Maximum Accrual - Sick Leave For employees hired PRIOR to June 1, 2023, Ssick 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 Work42-Hour Work56-Hour Work WeekWeekWeek Maximum Accrual 960 Hours 1,008 Hours 1,440 Hours For employees hired AFTER June 1, 2023, 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 Work42-Hour Work Week Week Maximum Accrual 480 Hours 504 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 departmentÓs 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 employeeÓs condition prevented the employee from coming to work. Such statement is typically required if three or more consecutive calendar days are taken for Sick Leave. Sick Leave may also be taken to care for members of the employeeÓs immediate household when they are ill or physically incapacitated requiring the employeeÓs immediate attention. Sick Leave may also be utilized to keep a doctor or dentist appointment. 213 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 1st 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 employeeÓs hourly rate as of December 1st. 40-Hour42-Hour56-Hour Work WeekWork WeekWork 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 Pay-Out Policy USubject to the notice provisions of Sections 33 and 49 for voluntary resignation, unused accumulated Sick Leave shall be 100% compensated upon employment termination at the rate of pay which is effective at termination up to the maximum accrual hours provided in Section 25.2 of this PolicyRate, except that employees terminated as a result of disciplinary action shall not be entitled to the unused accumulated sick leave payout. Except as otherwise allowed in Section 25.7 below, the unused accumulated Sick Leave shall be paid in a lump sum. 25.76 Sick Leave Use for Early RetirementUse and Pay-Out for Defined Benefit Pension Employees Upon separation from employment, if an employee is currently enrolled in the CityÓs Defined Benefit Pension Plan and is eligible to receive the Sick Leave payout as provided in Section 25.6 abovebelow, the employee may elect to receive unused, accumulated Sick Leave paid via regular paychecks in increments of 80 or 84 hours, as applicable, until the unused, accumulated Ssick Lleave is exhausted. The employeeÓs contribution to the Defined Benefit Pension Plan and applicable taxes shall be deducted from the Sick Leave payout paychecks. The option to receive the unused, accumulated Sick Leave via continued paychecks will be available to employees currently enrolled in the CityÓs Defined Benefit Pension Plan only and for the purpose of either (1) bridging to retirement to achieve retirement eligibility as provided below; or (2) accruing additional credited service time for purposes of determining pension benefits. Sick leave may be used to bridge an employeeÓs eligibility to meet the criteria below. to retirement . To be eligible for Sick Leave Use and Pay-Out under this section, an employee must meet one of the following criteria as of the last day of either physical work or sick bridging (or as otherwise provided in the Defined Benefit Pension Plan):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 150 years of service to the City 3.Any age with 25 years of service to the City 4.Is an active participant in the CityÓs Defined Benefit Pension Plan 214 Nothing in this Section is intended to preclude an employee from purchasing additional credited service years as provided in the Plan to achieve retirement eligibility. 25.8 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. EmployeesÓ donating their sick leave does so on a voluntary basis. 215 ThepolicyregardinguseofFamilyandMedicalLeaveisincompliancewithand basedupontherequirementsoftheFamilyandMedicalLeaveAct,29U.S.C.§2601,et seq.andtheregulationsoftheU.S.DepartmentofLabor,29C.F.R.§825.100, etseq.Thepolicyisdesignedtoprovideeligibleemployeeswithuptotwelve weeksleavetoaddressfamilyandmedicalsituationsinvolvingthemselvesorafamily memberasdefinedintheFMLA. TobeeligibleforFamilyandMedicalLeave,theemployeemust: (1)haveworkedforthecityforatleast12months,and (2)haveworkedatleast1,250hoursovertheprevious12months. FamilyandMedicalLeavewillbecalculatedbasedupontheeligible employmentdateandwillbecalculatedonarolling12-monthbasis. FamilyandMedicalLeavemaybegrantedtoeligibleemployeesforupto12weeksfor anyofthefollowingreasons: (1)forbirthofthechild,ortocareforthechildafter birthorplacementforadoptionorfostercare; (2)tocareforthespouse,son,daughter,orparent,whohasaserious healthcondition,or (3)foraserioushealthconditionthatmakestheemployeeunabletoperformthe job. Spousesemployedbythecityarejointlyentitledtoacombinedtotalof12workweeksof familyleaveforthebirthorplacementofachild.Leaveforbirthorplacementfor adoptionorfostercaremustconcludewithin12monthsofbirthorplacementofthe child. AllrequestsforfamilyormedicalleavemustbesubmittedtotheCityManagerthrough thedepartmentheadnolessthat30dayspriortothestartoftheleave. FailuretogivesuchnoticemaydelaytherequestedFMLAleave.Ifitisnotpossibleto submittheleaverequestatleast30daysinadvance,suchasinthecaseofan emergency,theleaverequestmustbesubmittedassoonaspossible. Inallcases,thecityshalldeterminewhetherleavequalifiesasFMLAleavebasedon informationprovidedbytheemployee,andtheeligibilityforFMLAleave. Employeeswhohaveaccruedvacationand/orsickleavewillberequiredtouseallsuch accruedpaidtimeoffconcurrentlywithFamilyandMedicalLeave.IftheFamilyand City of WinterSpringsPage44 216 217 218 219 21: Please see AI2004-01 in the Appendix for further clarification. 221 222 223 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 employeeÓs behalf shall be shared equally by the employee and the City. The City has a retirement system that is a ÐFloor-offset PlanÑ. 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 employeeÓs 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 15 years of service; or 25 years of service at any age with an actuarial reduction for ages less than 55.eligibility requirements for retirement as provided under the Plan. 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. 224 225 226 227 228 229 22: 231 ŷĻ ŭƚğƌ źƭ Ʒƚ ĻƓƭǒƩĻ ĻƨǒźƷğĬƌĻ ƷƩĻğƷƒĻƓƷ ƚŅ ğƌƌ ĻƒƦƌƚǤĻĻƭ 232 233 234 235 236 237 238 239 23: Please see AI2005-01 in the Appendix for further clarification. 241 242 243 Please see AI2015-02 in the Appendix for further clarification 244 245 246 247 248 249 24: 251 252 253 254 255 256 Please see AI2006-01 in the Appendix for further clarification. 257 SECTION 49 SUBJECT: DEPARTMENT HEADS 49.1 Policy As key members of the CityÓs management staff, Department Heads, including the Deputy City Manager, 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 in this Personnel Manual, except Sections 33, 34, 35, and 36 . 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. 49.3 Voluntary Resignation A Department Head who desires to resign shall submit a written resignation to the City Manager at least 1430 calendar days prior to their last day of employment. The resignation letter must state the reason for separation and the intended last day of employment. The 30 day notice period is intended to provide the Department with time to find a replacement for the position and/or train a new employee. A Voluntary Resignation with 1430 days advance notice or resignation accepted by the City Manager with an earlier effective date entitles the Department Head to payout as permitted in Sections 24 and 25, of any available accrued vacation and sick leave or other benefits authorized by this Policy, even if the resignation is accepted by the City Manager with an earlier effective date. Department Heads who fail to provide 1430 daysÓ notice forfeit the payout of any available accrued vacation leave or other benefits except as required by law. Failure to comply with this procedure may be considered cause to deny future employment with the City. 49.4 Benefits Upon Termination To the extent a Department Head is terminated for reasons other than misconduct, misfeasance, or malfeasance, as determined in the City ManagerÓs sole discretion, and has completed over one year of service as a Department Head, he or she will receive six (6) weeks of separation pay and any accumulated vacation and sick leave he or she may have. If the Department Head has completed less than one year of service as a Department Head, but more than 6 months of employment with the City, he or she will receive any accumulated vacation and sick leave he or she may have unless the department head has entered into an employment agreement with the City. If the Department Head has been employed by the City for less than 6 months, he or she will not be entitled to any separation pay or payment of accumulated vacation and sick leave. 49.5 COBRA and Insurance Benefits upon Departure Department Heads will receive their final pay and benefits in accordance with applicable City policy. 258 SECTION 49 SUBJECT: DEPARTMENT HEADS Any Department Head who resigns will be allowed to carry health insurance coverage at his or her own expense through COBRA for a specified length of time, as determined by law. The Department Head will receive the necessary information concerning COBRA benefits in the mail. The Department Head who retires under the CityÓs Retirement Plan may choose to retain life insurance benefits in effect, at the Department Head's expense. All payments for said life insurance must be paid at least quarterly in advance to the Human Resources Department accompanied with a current mailing address. Otherwise, the individual will be removed from the life insurance program. Certain additional benefits, such as retiree health, retiree dental and retiree vision insurance, may be continued at the Department HeadÓs expense if the Department Head so chooses. If the Department Head elects to stay on these plans as a retiree, they must expressly enroll as a retiree upon retirement from the City. If the Department Head declines coverage to any plan as a retiree (as a new or current retiree) they will not be permitted to reenroll as a retiree at a later date. 49.6 Separation Pay Any additional separation pay shall be in compliance with Section 215.425, Florida Statutes. If an employment agreement is in place, the agreement may not exceed an amount greater than 20 weeks of compensation. Severance pay is prohibited if the Department Head has been fired for misconduct as defined in Section 443.036(29), Florida Statutes. In the absence of an employment agreement, severance pay may not exceed 6 weeks of compensation. Severance pay includes salary, benefits, and perquisites for employment services yet to be rendered which will not be paid separately or in addition to severance pay. Severance pay does not include earned annual, sick, compensatory, or administrative leave or early retirement under the CityÓs pension plan. A separation agreement does not require a 14 day notice for a Department Head to be eligible for payout of accrued leave in accordance with Section 24 and 25. 259 25: 261 Sent: Subject: Timothy J.Lallathin,FireChief CityofWinterSprings 102NorthMossRoad WinterSprings,Florida32708 Sent: Subject: 7/t4!Uf'UI 1 AI2004-0l 262 AI2005-01 263 AI2005-01 AI2006-01 264 AI2006-01 AI2007-01 AI2007-01 265 AI2008-01 AI2008-01 266 CITY OF WINTER SPRINGS, FLORIDA 1126EASTSTATEROAD434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-6599 Fax (407) 327-4763 . MEMORANDUM TO:AllEmployees FROM:Kevin Smith,City Manager CC:Directors Administrative Interpretation for Section 33.2 RE: Voluntary Resignation AI201 ͺ-01 DATE:4/29/2015 Thismemorandumis intended to clarifythe policies surrounding vacation and sicktimeafteran employeehas submittedtheir notice to separatefrom employment. Section 33.2 Voluntary Resignationstatesemployeewhodesirestoresign and who is in good standingshall submitawrittenresignationtothesupervisor or DepartmentHead at least 14 calendar daysbefore leaving. The resignation letter muststatethe reasonforseparationand the intendedlastdayofemployment. Such resignationentitlestheemployeetopaymentof any benefits due. Failureto complywith this procedure maybe considered cause for denying future employment This policy is interpretedtomeanthat in ordertoreceivepaymentforbenefits due, includingaccrued vacationpayout,an employeemustprovide a written resignationatleast14calendar dayspriortotheirlastday.Also,thispolicyis interpretedtomeantheemployeewillworktheirnormal workduringtheir period.Sick,Vacation,andPersonalHolidayuse will not be approved and will notcount toward the 14 daynotice period,unlessapprovedby theCity Managerinwriting. AI201 ͺ-01 267 CITY OFWINTER SPRINGS,FLORIDA 1126 EAST STATEROAD 434 WINTER SPRINGS,FLORIDA32708-2799 Telephone(407) 327-6599 Fax(407) 327-4763 . MEMORANDUM TO:Directors FROM:KevinSmith, CityManager CC:Director RE:AdministrativeInterpretationforSection39TravelPolicyAI2015- 02 DATE:7/8/15Revised10/23/15 Thismemorandumisintendedto clarifythe policies surroundingthe TravelPolicy, specificallyasitrelatesto Out-of-StateandOut-of-Citytravel. TravelOut of State Anyandalltravelout ofstatemust beapproved,inwriting,bythe CityManager priorinstituting/schedulingthetravel. TravelOutofCity TheCityManager,ordesignee,mayapprovetraveloutside oftheCity.The travelpolicyis incompliance withFlorida Statute 112.061. TheCityhas determinedthat 50 miles is thethresholdforreasonable andnecessaryfor overnightstay;therefore,theCitywill not reimburselodging orper diemfor travelwithin a 50 mileradius of theCitywithout writtenapprovalbytheCity Manager. Lodging Iftravelmeets therequirements outlinedabove,theCitywill reimburseupto $150for lodgingata single-occupancyrate, to besubstantiatedbyreceipts evidencingpayment.Intheeventthatthecost of all availablelodgingatasingle- occupancyrateexceeds$150, the Citymayreimburse thetravelerfor theleast expensive hotelroom within 3 milesof theeventlocation. cc: CaseyHoward, HR andBenefitsManager File 268