HomeMy WebLinkAbout2023 09 25 Consent 303 - Resolution No. 2023-22, Amending the City Personnel PolicyCONSENT AGENDA ITEM 303
CITY COMMISSION AGENDA | SEPTEMBER 25, 2023 REGULAR MEETING
TITLE
Resolution No. 2023-22, Amending the City Personnel Policy
SUMMARY
The City's Personnel Policy was approved and ratified by the City Commission in 2000.
The last policy update that was ratified by the City Commission was on May 22nd,
2023; updating specific sections in the policy. Section 14-1 of the City Code of
Ordinance of the City of Winter Springs states that "The city manager shall from time
to time amend and update the personnel policy" and that the personnel policy "shall
be approved and ratified by resolution of the city commission".
The following sections will require updates to be consistent with section 28B upon
adoption: 2.30, 3.1 No. 5, 9.2, 9.3, 20.2, 22.1, 22.4, 23.1, 23.2, 24.3, 25.8, 26.5, 26.9, 28.1,
33.2
Below is draft language of section 28B of the personnel policy:
Section 28B
Subject Personal Time off Leave
28B.1 Purpose
Personal Time Off is available to employees who need to take time off for personal
matters. The intent of this leave is to provide additional leave options to assist in
better work/life balance for new employees as well as an incentive to retain current
employees. This leave is not an entitlement.
This leave program is outside the scope of sick/vacation leave policies.
28B.2 Eligibility – Personal Time Off
All full-time employees are eligible for this leave upon hire. Part-time employees will
be eligible for a reduced amount of leave.
28B.3 Use of Personal Time
Requests for Personal Time Off must be submitted in advance and will be reviewed by
the Department Head or designee, who has the authority to approve or disapprove
the request based on the department’s needs.
Employees should be aware that the Department Head or designee must ensure that
day-to-day operations continue effectively and are advised to submit a request as
soon as they are aware they need time off. A request for personal time off must be
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made at least seven (7) calendar days in advance of use, unless the Department Head
or designee waives this requirement.
Department Heads and their designees are expected to give careful consideration to
the requests for use of this leave prior to their approval and to exercise prudent
judgment based on the needs of the department. For new hires, Department Heads
and their designees may consider the timing of the request and the number of hours
of personal time off requested in relation to the date of hire when evaluating a request
to use personal time off.
28B.4 Guidelines
All full-time employees will receive a 40-hour allotment each upon hire and at the
beginning of each fiscal year (reflected in first pay period of new fiscal year). All part-
time employees will receive an 8-hour allotment upon hire and at the beginning of
each fiscal year (reflected in first pay period of new fiscal year). Unused leave will not
carry over from year to year.
There is no cash value of this personal leave bank upon separation from employment.
Employees are not eligible to borrow against any future allotment, in advance of the
posting date.
Personal Time Off hours are not eligible to be donated or transferred to another
employee. These hours cannot be used during the two-week resignation notice period.
Employees will not be allowed to use these hours to bridge retirement.
28B.5 Overtime and Pension Eligibility
For purposes of overtime, these leave hours will not be calculated as time worked.
For calculations of pensionable earnings, these leave hours will be counted as time
worked as it is paid leave.
FUNDING SOURCE
N/A
RECOMMENDATION
Staff recommends City Commission approve Resolution 2023-22 amending the City's
Personnel Policy to include requested updates.
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Welcome!
On behalf of your teammates and coworkers, 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.
We prioritize investment in three core values: customer service, team accountability, and
most importantly, human capital. Providing the best customer service experience
possible is a value every employee should share. We are here because of, and for the
Winter Springs residents. Each day, I challenge you to have a positive experience with at
least one resident. We have an abundance of training opportunities available to
employees in order to expand your knowledge about your profession and to develop
yourself for future career growth. We regularly promote teambuilding activities that will
bring our departments together and allows us to interact more frequently. The goal of
these activities is to create an environment that will promote communication and evolve
into a cohesive team that can accomplish anything!
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,
Phil Hursh
Interim City Manager
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
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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 as an “at will” employee 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 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
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TABLE OF CONTENTS
PAGE
GENERAL PROVISIONS .............................................................................................................................................i
SECTION 1 EQUAL EMPLOYMENT OPPORTUNITY STATEMENT
1.1 Policy Statement ............................................................................................................................ 1
1.2
1.3
Equal Employment Objectives of the City ..................................................................... 1
Reporting and Complaint Procedures 2
1.4 Supervisory Responsibilities ................................................................................................... 2
SECTION 2 DEFINITIONS ................................................................................................................................... 3
2.1 Alcohol Abuse ................................................................................................................................. 3
2.2 Allocation ........................................................................................................................................... 3
2.3 Anniversary Date ........................................................................................................................... 3
2.4 Appeal .................................................................................................................................................. 3
2.5 Applicant ............................................................................................................................................ 3
2.6 Appointment ................................................................................................................................... 3
2.7 Assembled Examination........................................................................................................... 3
2.8 Certification ...................................................................................................................................... 3
2.9 Class/Classification ....................................................................................................................... 3
2.10 Class Description ........................................................................................................................... 4
2.11 Class Specification ........................................................................................................................ 4
2.12 Close Relative .................................................................................................................................. 4
2.13 Compensation ................................................................................................................................ 4
2.14 Compliant .......................................................................................................................................... 4
2.15 Continuous Service ...................................................................................................................... 4
2.16 Demotion .......................................................................................................................................... 4
2.17 Department ..................................................................................................................................... 4
2.18 Department Head ........................................................................................................................ 4
2.19 Dismissal ............................................................................................................................................ 5
2.20 Drug Abuse ...................................................................................................................................... 5
2.21 Eligible ................................................................................................................................................. 5
2.22 Eligibility List .................................................................................................................................... 5
2.23 Employee ........................................................................................................................................... 5
2.24 Examination ..................................................................................................................................... 5
2.25 Full-Time Employee .................................................................................................................... 5
2.26 Grievance ........................................................................................................................................... 5
2.27 Harassment ...................................................................................................................................... 5
2.28 Immediate Family ........................................................................................................................ 6
2.29 Layoff .................................................................................................................................................... 6
2.30 Leave..................................................................................................................................................... 6
2.31 Overtime ............................................................................................................................................ 6
2.32 Overtime Pay ................................................................................................................................... 6
2.33 Part-Time Employee ................................................................................................................... 6
2.34 Pay Plan .............................................................................................................................................. 6
2.35 Pay Rate .............................................................................................................................................. 6
2.36 Pay Status .......................................................................................................................................... 6
2.37 Performance Pay Increase ...................................................................................................... 6
2.38 Physical / Agility Test ................................................................................................................... 7
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SECTION 2 DEFINITIONS (Continued)
2.39 Position ............................................................................................................................................... 7
2.40 Probationary Employee ............................................................................................................ 7
2.41 Probationary Period .................................................................................................................... 7
2.42 Promotion ......................................................................................................................................... 7
2.43 Promotional Examinations ..................................................................................................... 7
2.44 Qualifying Event ............................................................................................................................ 7
2.45 Regular Employee ........................................................................................................................ 7
2.46 Resignation ...................................................................................................................................... 8
2.47 Retirement ........................................................................................................................................ 8
2.48 Salary Range .................................................................................................................................... 8
2.49 Smoking ............................................................................................................................................. 8
2.50 Suspension ....................................................................................................................................... 8
2.51 Temporary Employee ................................................................................................................. 8
2.52 Temporary Position ..................................................................................................................... 8
2.53 Transfer ............................................................................................................................................... 8
2.54 Unassembled Examinations .................................................................................................. 8
2.55 Vacancy .............................................................................................................................................. 8
2.56 Work Area .......................................................................................................................................... 9
2.57 Work Day ........................................................................................................................................... 9
2.58 Work Period ..................................................................................................................................... 9
2.59 Work Time ......................................................................................................................................... 9
2.60 Work Week ....................................................................................................................................... 9
SECTION 3 PERSONNEL ADMINISTRATION ......................................................................................... 10
3.1 Responsibility for Administration ...................................................................................... 10
3.2 Role of the General Services Director ............................................................................. 10
3.3 Personnel Files ............................................................................................................................. 10
3.4 Personnel Changes ......................................................................................................................11
3.5 Inspection of Personnel Records .........................................................................................11
SECTION 4 RECRUITMENT............................................................................................................................... 13
4.1 Recruitment - General .............................................................................................................. 13
4.2 Approval of Recruitment ......................................................................................................... 13
4.3 Vacancy Announcement ......................................................................................................... 13
4.4 Sources of Applicants ................................................................................................................ 13
4.5 Recruitment Area ........................................................................................................................ 13
4.6 Employment Services – Prohibition ................................................................................. 13
SECTION 5 HIRING ............................................................................................................................................... 14
5.1 Application for Employment................................................................................................ 14
5.2 Interviewing ................................................................................................................................... 14
5.3 Testing ............................................................................................................................................... 14
5.4 References ...................................................................................................................................... 14
5.5 Former Employees ..................................................................................................................... 14
5.6 Employment of Minors ............................................................................................................ 14
5.7 Pre-Employment Physicals. ................................................................................................... 15
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SECTION 5 HIRING (CONTINUED)
5.8 Selection and Notification of Offer .................................................................................... 15
5.9 Trainees .............................................................................................................................................. 15
5.10 Disqualification of Applicants............................................................................................... 15
5.11 Application Files .......................................................................................................................... 16
5.12 Reporting for Duty ..................................................................................................................... 16
SECTION 6 MEDICAL EXAMINATIONS..................................................................................................... 17
6.1 Medical Examinations .............................................................................................................. 17
6.2 In-Service Examinations ..........................................................................................................17
SECTION 7 ORIENTATION ............................................................................................................................... 18
SECTION 8 PROBATIONARY PERIOD ...................................................................................................... 19
8.1 Purpose ............................................................................................................................................. 19
8.2 Length of the Probationary Period .................................................................................. 19
8.3 Probationary Reviews .............................................................................................................. 19
8.4 Extension of the Probationary Period ............................................................................ 19
8.5 Failure to Demonstrate Competency ............................................................................ 19
SECTION 9 CLASSES OF EMPLOYEES .................................................................................................... 20
9.1 General ............................................................................................................................................. 20
9.2 Regular, Full-time Employees ........................................................................................... 20
9.3 Regular, Part-time Employees. ......................................................................................... 20
9.4 Temporary Employees ........................................................................................................... 20
SECTION 10 COMPENSATION AND CLASSIFICATION ....................................................................... 21
10.1 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 Frequency ...................................................................................................................................... 24
12.3 Procedure ....................................................................................................................................... 24
12.4 Appeals ............................................................................................................................................ 24
12.5 Consequences of an Unsatisfactory Performance Appraisal ..........................25
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SECTION 13 PROMOTION .................................................................................................................................. 26
13.1 Policy ................................................................................................................................................. 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
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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 Observance................................................................................................................... 37
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
SECTION 23 LEAVE ................................................................................................................................................ 39
23.1 General Policy .............................................................................................................................. 39
23.2 General Policy for Domestic Violence .............................................................................. 39
23.3 Eligibility for Domestic Violence Leave ......................................................................... 39
23.4 Reason for Domestic Violence ............................................................................................ 39
23.5 Requests for Domestic Violence Leave .......................................................................... 40
SECTION 24 VACATION LEAVE....................................................................................................................... 41
24.1 Rate of Accrual – Vacation Leave ...................................................................................... 41
24.2 Maximum Accrual – Vacation Leave ............................................................................... 41
24.3 Eligibility – Vacation Leave. ................................................................................................... 41
24.4 Use of Vacation Leave .............................................................................................................. 41
24.5 Pay-Out Policy .............................................................................................................................. 41
SECTION 25 SICK LEAVE ..................................................................................................................................... 42
25.1 Rate of Accrual – Sick Leave ................................................................................................. 42
25.2 Maximum Accrual – Sick Leave ......................................................................................... 42
25.3 Eligibility – Sick Leave ............................................................................................................... 42
25.4 Use of Sick Leave ......................................................................................................................... 42
25.5 Sick Leave Buy Back Plan ...................................................................................................... 42
25.6 Sick Leave Use for Early Retirement .............................................................................. 43
25.7 Donating Accrued Sick Leave ............................................................................................. 43
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SECTION 26 FAMILY AND MEDICAL LEAVE POLICY ........................................................................ 44
26.1 Policy ................................................................................................................................................. 44
26.2 Eligibility .......................................................................................................................................... 44
26.3 Reasons for Family and Medical Leave ......................................................................... 44
26.4 Requests for Family and Medical Leave – Advance Notice .............................. 44
26.5 Use of Accrued Vacation and Sick Leave .................................................................... 44
26.6 Medical Certification Required .......................................................................................... 45
26.7 Serious Health Condition Only ........................................................................................... 45
26.8 Intermittent or Reduced Schedule FMLA Leave. ................................................... 45
26.9 Benefits ............................................................................................................................................ 45
26.10 Return from FMLA Leave ...................................................................................................... 46
SECTION 27 MILITARY LEAVE ......................................................................................................................... 47
27.1 Policy ................................................................................................................................................. 47
27.2 Procedure ....................................................................................................................................... 47
27.3 Compensation ............................................................................................................................. 47
27.4 Benefits ............................................................................................................................................ 47
27.5 Exceptions ...................................................................................................................................... 47
SECTION 28 CIVIL LEAVE .................................................................................................................................. 48
28.1 Purpose ............................................................................................................................................ 48
28.2 Procedures ..................................................................................................................................... 48
28.3 Compensation ............................................................................................................................. 48
28.4 Overtime Eligibility .................................................................................................................... 48
SECTION 28 B PERSONAL TIME OFF LEAVE………………………………………………………………………………49
SECTION 29 BEREAVEMENT LEAVE .......................................................................................................5149
29.1 Purpose ...................................................................................................................................... 5249
29.2 Eligibility and Procedures ................................................................................................ 4952
29.3 Additional Time Off .............................................................................................................. 4952
SECTION 30 LEAVE WITHOUT PAY ........................................................................................................... 530
30.1 Purpose ......................................................................................................................................... 530
30.2 Leave Without Pay .................................................................................................................. 530
30.3 Benefits .......................................................................................................................................... 530
SECTION 31 OCCUPATIONAL INJURY/DEATH ..................................................................................... 541
31.1 Injury Procedures ...................................................................................................................... 541
31.2 Occupational Death ................................................................................................................ 541
SECTION 32 RETIREMENT, INSURANCE AND UNIFORMS .......................................................... 552
32.1 Employee Retirement ............................................................................................................552
32.2 Life Insurance ............................................................................................................................. 552
32.3 Health Insurance and Long Term Disability ............................................................ 562
32.4 Vision, Dental and Optional Life Insurance .............................................................. 562
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SECTION 32 RETIREMENT, INSURANCE AND UNIFORMS (CONTINUED)
32.5 Continuation of Coverage Rights. .................................................................................. 563
32.6 Worker’s Compensation Insurance .............................................................................. 573
32.7 Uniforms ....................................................................................................................................... 584
SECTION 33 SEPARATION ............................................................................................................................... 595
33.1 General. .......................................................................................................................................... 595
33.2 Voluntary Resignation .......................................................................................................... 595
33.3 Retirement .................................................................................................................................. 595
33.4 Separation for Disability ....................................................................................................... 595
33.5 Resignation Due to Unauthorized Absence ......................................................... 6056
33.6 Discharge ................................................................................................................................... 6056
33.7 Separation Due to Death ................................................................................................. 6056
33.8 Exit Interviews .......................................................................................................................... 6156
33.9 Benefits upon Departure .................................................................................................. 6156
33.10 Separation Pay ........................................................................................................................ 6257
SECTION 34 LAYOFFS AND RECALL ..................................................................................................... 6358
34.1 Layoffs .......................................................................................................................................... 6358
34.2 Criteria for Layoffs ................................................................................................................. 6358
34.3 Layoff Procedures ................................................................................................................ 6458
34.4 Recall ........................................................................................................................................... 6459
34.5 Severance Pay ........................................................................................................................ 6459
SECTION 35 DISCIPLINE OF EMPLOYEES .......................................................................................... 6560
35.1 Purpose .......................................................................................................................................... 650
35.2 Considerations in Applying Discipline ........................................................................ 650
35.3 Types of Action ......................................................................................................................... 660
35.4 Disciplinary Action Procedures ........................................................................................661
35.5 Schedule of Recommended Disciplinary Penalties .............................................. 672
35.6 Performance Improvement Plan .................................................................................. 674
SECTION 36 EMPLOYEE APPEAL AND GRIEVANCE PROCEDURES .................................... 685
36.1 General Policy ............................................................................................................................ 685
36.2 Appeals Involving Discipline ............................................................................................. 685
36.3 Grievance Procedures ........................................................................................................... 695
36.4 General Provisions of the Grievance Procedure .................................................... 696
SECTION 37 EMPLOYEE SELF IMPROVEMENT AND EDUCATIONAL PROGRAM ..... 7068
37.1 General Provisions ............................................................................................................... 7068
37.2 Educational Reimbursement ....................................................................................... 7068
37.3 Eligibility for Participation ................................................................................................ 7168
37.4 Application Procedure ........................................................................................................ 7168
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SECTION 37 EMPLOYEE SELF IMPROVEMENT AND EDUCATIONAL PROGRAM (CONT.)
37.5 Agreement and Certification by Employee ............................................................... 6871
37.6 Completion of Courses and Reimbursement of Expenses............................... 7269
37.7 Retirement or Death .................................................................................................................7269
SECTION 38 TRAINING AND CONFERENCE ATTENDANCE ..........................................................730
38.1 General ..............................................................................................................................................730
38.2 Procedure ........................................................................................................................................730
SECTION 39 TRAVEL POLICY ...........................................................................................................................741
39.1 Travel Policy ....................................................................................................................................741
39.2 Travel Expenses ............................................................................................................................741
39.3 Travel Advances ...........................................................................................................................741
39.4 Reimbursement Procedures ...............................................................................................752
39.5 Accidents While Traveling .....................................................................................................752
39.6 Abuse .................................................................................................................................................752
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 .......................................................................................................................74
SECTION 41 DRUG-FREE WORKPLACE .....................................................................................................75
41.1 Drug-Free Workplace Policy ................................................................................................75
41.2 Purpose of the Drug-Free Workplace Policy .............................................................75
41.3 Prohibited Substances ............................................................................................................75
41.4 Prohibited Conduct ...................................................................................................................75
41.5 Drug Testing ..................................................................................................................................76
41.6 Consequences of a Positive Drug Test ...........................................................................76
41.7 Voluntary Treatment .................................................................................................................76
41.8 Involuntary Treatment .............................................................................................................76
41.9 Failure to Submit to or Complete Treatment ........................................................... 76
41.10 Recurrence of a Substance Abuse Program ..............................................................76
41.11 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
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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 .................................................................................................. 810
SECTION 45 NEPOTISM .................................................................................................................................... 821
45.1 Purpose and Definitions ...................................................................................................... 8281
45.2 Hiring or Working with an Immediate Family Member ........................................ 821
SECTION 46 SOLICITATION, DISTRIBUTION AND VISITORS ...................................................... 832
46.1 Purpose .......................................................................................................................................... 832
46.2 Visitors ........................................................................................................................................... 832
46.3 Solicitation .................................................................................................................................... 832
SECTION 47 POLITICAL ACTIVITY ............................................................................................................. 843
47.1 Employees Seeking Elected or Appointed City Office ...................................... 843
47.2 Membership in a Political Party ...................................................................................... 843
SECTION 48 MISCELLANEOUS PROVISIONS .................................................................................... 854
48.1 Valid Driver’s License ............................................................................................................ 854
48.2 Use of City Owned Equipment and Vehicles ......................................................... 854
48.3 Federal Emergency Management Act ....................................................................... 854
48.4 Emergency Closings.............................................................................................................. 854
48.5 Public Relations/Complaints ............................................................................................ 864
48.6 Information Regarding Life-Threatening Illnesses ............................................. 865
48.7 Recycling ...................................................................................................................................... 865
48.8 Return of Property .................................................................................................................. 865
48.9 Use of Phone, Mail and Computer Systems ............................................................ 865
48.10 Reference Checks ................................................................................................................... 865
SECTION 49 DEPARTMENT HEADS ....................................................................................................... 876
49.1 Policy ...............................................................................................................................................876
49.2 General Provisions .................................................................................................................. 876
49.3 Voluntary Resignation ......................................................................................................... 886
49.4 Benefits Upon Termination ............................................................................................. 886
49.5 COBRA and Insurance Benefits .................................................................................... 886
49.6 Separation Pay ........................................................................................................................... 887
SECTION 50 CODE OF CONDUCT ............................................................................................................ 898
SECTION 51 USE OF CITY EQUIPMENT AND GPS MONITORING .......................................... 9089
51.1 Purpose ...................................................................................................................................... 9089
51.2 Employee Consent to Monitoring .............................................................................. 9089
APPENDIX ................................................................................................................................................................... 910
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GENERAL PROVISIONS
City of Winter Springs Page i
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
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GENERAL PROVISIONS
City of Winter Springs Page ii
employees by responding effectively to employee concerns.
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.
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SECTION 1
SUBJECT: DISCRIMINATION AND HARASSMENT STATEMENT
1.1 Policy Statement
The City is an equal opportunity employer and does not unlawfully discriminate against
employees or applicants for employment on the basis of an individual’s race, color,
religion, creed, sex (including sexual orientation or transgender status), national origin,
age, disability, marital status, veteran status and any other status protected by
applicable law. This policy applies to all terms, conditions and privileges of
employment, including recruitment, hiring, placement, compensation, promotion,
discipline and termination.
1.2 Equal Employment Objectives of the City
The City prohibits discrimination or harassment based on race, color, religion,
creed, sex (including sexual orientation or transgender status), national origin, age,
disability, marital status, veteran status and any other status protected by applicable
law. Each individual has the right to work in a professional atmosphere that
promotes equal employment opportunities and is free from discriminatory practices,
including without limitation, harassment. Consistent with its workplace policy of
equal employment opportunity, the City prohibits and will not tolerate harassment
on the basis of race, color, religion, creed, sex (including sexual orientation or
transgender status), national origin, age, disability, marital status, veteran status or
any other status protected by applicable law. Violations of this policy will not be
tolerated and will result in disciplinary action, up to and including termination of
employment.
Discrimination includes, but is not limited to: failing or refusing to hire or to discharge
any individual, or otherwise to take any adverse employment action with respect to
compensation, terms, conditions or privileges of employment, on the basis of race,
color, religion, creed, age, sex (including sexual orientation or transgender status),
disability, national origin, marital or veteran status, or any other status protected by
applicable law.
Harassment is generally defined as unwelcome (unsolicited or uninvited),
inappropriate verbal or non-verbal conduct, based upon a person’s protected
characteristic, that is severe or pervasive enough to alter the terms and conditions of
employment and create a discriminatorily abusive working environment. Such
inappropriate conduct may include, but is not limited to: epithets, slurs or negative
stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display
or circulation in the workplace of written or graphic material that denigrates or shows
hostility or aversion toward an individual or group based on their protected
characteristic.
Sexual harassment may occur in two forms: (1) quid pro quo, which is based on threats
that are carried out or fulfilled; or (2) hostile environment, which is based on sexually
inappropriate jokes, comments, requests for sexual favors, touching or other
unwelcome conduct based on or motivated by hostility toward an employee because
of the employee’s gender that are sufficiently severe or pervasive to create a hostile
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work environment.
SECTION 1
SUBJECT: DISCRIMINATION AND HARASSMENT STATEMENT
1.3 Reporting and Complaint Procedures
Any City employee who feels that he or she has been the subject of inappropriate
conduct or discriminated against, or has witnessed or becomes aware of
discrimination or inappropriate conduct in violation of these policies, should bring the
matter to the immediate attention of his or her Department Director, Human
Resources, or the City Manager’s Office, preferably in writing. Whenever warranted,
the City will investigate allegations of discrimination and harassment, and take action
as appropriate based on the outcome of the investigation.
All complaints and information and reports obtained during an investigation will be
maintained on a confidential basis to the greatest extent possible and as permitted
by Florida’s public records laws. However, complainants should be aware that
complaints or the contents thereof may have to be disclosed to conduct a thorough
investigation of the allegations, to defend the City in any litigation to which the
information may be relevant and necessary, and to those employees and officials in
the City with a need to know in order to carry out the purpose and intent of this Policy.
No employee will be retaliated against for making a complaint in good faith regarding
a violation of these policies, or for participating in good faith in an investigation
pursuant to these policies. If an employee feels he/she has been retaliated against, the
employee should notify his or her Department Head, Human Resources or the City
Manager’s Office immediately.
1.4 Supervisory Responsibilities
Discriminatory conduct toward any employee is not to be tolerated, regardless of
whether it originates from another employee, a vendor, or the general public.
Supervisory personnel have the responsibility and duty to take immediate corrective
action to prevent any discriminatory conduct. Successful implementation of the City’s
anti-harassment policy depends on the swift and effective action of the City’s
supervisory personnel. All complaints of inappropriate behavior based on an
employee belonging to a protected class must be reported immediately to Human
Resources and the City Manager. Failure for a supervisor to carry out his/her
responsibilities in this area will result in disciplinary action against the supervisor, up to
and including termination of employment.
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SECTION 2
SUBJECT: DEFINITIONS
City of Winter Springs Page 5
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,
temporary 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
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SECTION 2
SUBJECT: DEFINITIONS
City of Winter Springs Page 6
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.
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SUBJECT: DEFINITIONS
City of Winter Springs Page 7
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,
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SECTION 2
SUBJECT: DEFINITIONS
City of Winter Springs Page 8
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.
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9
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
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10
another's sexual preferences or behavior, and other verbal, graphic, or
physical conduct of a sexual nature.
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, Personal Time Off 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, reserve Police Officers,
or temporary/seasonal employees.
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.
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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.
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.
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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.
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 Sick Bridging
Sick leave that is used to meet eligibility criteria outlined in Section 25.7
2.50 Smoking
"Smoking,” means inhaling, exhaling, burning or carrying any lighted
smoking equipment for tobacco.
2.51 Suspension
An enforced leave of absence for disciplinary purposes with or without pay.
2.52 Temporary Employee
An employee holding a position other than regular, except as provided in
the rules, which is of temporary, seasonal, casual or emergency in nature. A
temporary employee is not entitled to City benefits.
2.53 Temporary Position
A position that is not designated and budgeted as a regular position.
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SECTION 2
SUBJECT: DEFINITIONS
2.54 Transfer
The voluntary or involuntary change of an employee's assignment from
one position to another position which is at a substantially similar level.
2.55 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.
2.56 Vacancy
A position existing or newly created, which is not occupied, and for
which funds are available.
2.57 Work Area
"Work areas" are all areas on the City’s premises other than employee break
rooms and lunchrooms.
2.58 Work Day
The scheduled number of hours an employee is assigned to work.
2.59 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.
2.60 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.
2.61 Work Week
The scheduled number of hours an employee is assigned to work during a
calendar- week.
229
SECTION 3
SUBJECT: PERSONNEL ADMINISTRATION
City of Winter Springs Page 14
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, and Personal Time Off 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;
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SECTION 3
SUBJECT: PERSONNEL ADMINISTRATION
City of Winter Springs Page 15
• Hospitalization and Life Insurance forms;
• Personal History record;
• 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 I-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 Personnel 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
• 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
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SECTION 3
SUBJECT: PERSONNEL ADMINISTRATION
City of Winter Springs Page 16
of the complaint becomes inactive, or the complaint or other record is
made part of the official record of any hearing or court proceeding.)
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.
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SECTION 4
SUBJECT: RECRUITMENT
City of Winter Springs Page 17
4.1 Recruitment – General
The goal of the City of Winter Springs is to select the most qualified
individual without regard 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 or 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 recruited 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.
233
SECTION 5
SUBJECT: HIRING
City of Winter Springs Page 18
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.
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SECTION 5
SUBJECT: HIRING
City of Winter Springs Page 19
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.
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
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SECTION 5
SUBJECT: HIRING
City of Winter Springs Page 20
record as evidenced by the reference checks;
• Is unable to provide proof of citizenship or that he/she is a legal immigrant;
• 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.
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SECTION 6
SUBJECT: MEDICAL EXAMINATIONS
City of Winter Springs Page 21
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.
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SECTION 7
SUBJECT: ORIENTATION
City of Winter Springs Page 22
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.
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SECTION 8
SUBJECT: PROBATIONARY PERIOD
City of Winter Springs Page 23
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.
239
SECTION 9
SUBJECT: CLASSES OF EMPLOYEES
City of Winter Springs Page 24
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, personal time off leave, 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 for regularly scheduled
hours that fall on observed city holidays, personal time off leave, 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 for less than thirty (30) days. Such 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.
240
SECTION 10
SUBJECT: COMPENSATION AND CLASSIFICATION
City of Winter Springs Page 25
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. The City Manager may
choose to shift the pay ranges annually based on the Consumer Price Index
(CPI).
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,
241
SECTION 10
SUBJECT: COMPENSATION AND CLASSIFICATION
City of Winter Springs Page 26
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
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”.
242
SECTION 11
SUBJECT: PAY PLAN AND PROGRESSION THROUGH THE SALARY RANGES
City of Winter Springs Page 23
Revised 9/9/13
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. 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 review 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.
243
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
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.
244
SECTION 12
SUBJECT: PERFORMANCE REVIEWS
Employee performance evaluations are not subject to the grievance procedure.
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
Revised 9/9/13
245
SECTION 13
SUBJECT: PROMOTION
City of Winter Springs Page 26
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.
246
SECTION 14
SUBJECT: DEMOTION
City of Winter Springs Page 27
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.
Please see AI2007-01 in the Appendix for further clarification.
247
SECTION 15
SUBJECT: LATERAL TRANSFER
City of Winter Springs Page 28
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.
248
SECTION 16
SUBJECT: TEMPORARY ACTING POSITIONS
City of Winter Springs Page 29
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.
249
SECTION 17
SUBJECT: HOURS OF WORK
Revised 9/12/11
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 and may receive two breaks not to exceed 15 minutes each
during the course of the normal work day (as established in the work
schedule by Department Heads to accommodate operating requirements).
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
250
SECTION 18
SUBJECT: ATTENDANCE
City of Winter Springs Page 31
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.
251
SECTION 19
SUBJECT: APPEARANCE
City of Winter Springs Page 32
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.
252
SECTION 20
SUBJECT: WORK WEEK AND PAY
Revised10/11/2010
20.1 Work Week
The standard workweek consists of seven (7) consecutive calendar days
commencing at 12:01 AM on the first day and ending at 11:59 PM on the
seventh day. 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, observed city holidays, and personal time off leave.
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. 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.
253
SECTION 20
SUBJECT: WORK WEEK AND PAY
Revised10/11/2010
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.
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 can be made for emergencies with prior written
approval of the City Manager.
City of Winter Springs Page 34
254
SECTION 21
SUBJECT: OVERTIME
City of Winter Springs Page 35
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.
255
SECTION 21
SUBJECT: OVERTIME
City of Winter Springs Page 36
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.
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.
256
SECTION 22
SUBJECT: HOLIDAYS
City of Winter Springs Page 37
Revised 6/9/06
22.1 Holiday Observance
Eligible full-time, part-time, and probationary employees are entitled to
paid holidays, which include the following:
• New Years Day January 1
• Martin Luther King's Birthday As designated
• Memorial Day Last Monday in May
• Independence Day July 4
• Labor Day First Monday in September
• Veteran’s Day As designated
• Thanksgiving Day Fourth Thursday in November
• Day after Thanksgiving Succeeding Friday
• Christmas Day December 25
• Personal Holiday Credited to eligible employees
on October 1 of each year, to be
taken prior to September 30 of
the following year, with
approval of the supervisor.
22.2 Special Cases of Holiday Observance
When a holiday occurs on a Saturday or Sunday, it will be observed the
preceding 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.
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, eEmployees 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 or personal time off leave on such
occasions, their Personal Holiday, or they may take such time off as unpaid,
257
SECTION 22
SUBJECT: HOLIDAYS
City of Winter Springs Page 38
Revised 6/9/06
excused absence.
258
SECTION 22
SUBJECT: HOLIDAYS
City of Winter Springs Page 39
Revised 6/9/06
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.
259
SECTION 23
SUBJECT: LEAVE
23.1 General Policy
The following types of leave are officially established: Domestic Violence
Leave, Holiday Leave, Sick Leave, Vacation Leave, Personal Time Off
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.
23.2 General Policy for Domestic Violence Leave
The City’s policy regarding the use of Domestic Violence Leave is in
compliance with and based upon the requirements of Florida’s Domestic
Violence Leave Law, Florida Statutes §741.313. The leave entitles
employees who have completed a minimum of 90 calendar days of
employment with the City and who are victims of domestic violence or
have a family or household member who is the victim of domestic
violence up to three days of unpaid leave in any 12-month period as
provided in this Section. This policy requires employees to exhaust all
vacation, sick, Personal Time Off, and all other personal leave time,
including accrued compensatory leave, which is available to the
employee before receiving leave under this Section. If no accruals are
available, the leave under this Section shall be unpaid.
23.3 Eligibility for Domestic Violence Leave
The leave is available to employees who have
• completed a minimum of 90 calendar days of employment with the city;
• and who are victims of domestic or sexual violence.
The leave is also available for employees who need to care for a family or
household member, as defined by Florida’s Domestic Violence Leave
Law, who is the victim of domestic or sexual violence. .Family or
household member is defined by state law, s. 741.313, F.S., as: spouses,
former spouses, persons related by blood or marriage, persons who are
presently residing together as if a family or who have resided together in
the past as if a family, and persons who are parents of a child in common
regardless of whether they have been married. With the exception of
persons who have a child in common, the family or household
members must be currently residing or have in the past resided
together in the same single dwelling unit.
260
SECTION 23
SUBJECT: LEAVE
23.4 Reason for the Domestic Violence Leave
The leave must be used to:
▪ Seek an injunction for protection against domestic violence or an
injunction for protection in cases of repeat violence, dating
violence, or sexual violence;
▪ Seek medical attention and/or mental health counseling for the employee or a
family or household member to address physical or psychological injuries
resulting from an act of domestic or sexual violence;
▪ Obtain services from a victim services organization, such as a
domestic violence shelter, domestic violence program, or rape crisis
center as a result of the act of domestic violence or sexual violence;
▪ Seek new housing to escape the perpetrator or make the
employee’s home secure from the perpetrator; or
▪ Seek legal assistance arising from the act of domestic or sexual
violence or attend/prepare for a court-related proceeding arising
from the act of domestic or sexual violence.
23.5 Requests for Domestic Violence Leave- Notice
Except in cases of imminent danger to the health or safety of the
employee, or to the health or safety of a family or household member, an
employee seeking leave under this Section must provide the City with
appropriate advance notice of the intention to take leave, along with
sufficient documentation of the act of domestic or sexual violence. For
example, if an employee has a court date or other appointment date for
which leave is sought under this policy then the employee should notify
the City as soon as the date is known.
The City shall keep all information relating to an employee’s leave under
this Section confidential and exempt from disclosure to the extent
allowed by law. Namely, personal identifying information that is
contained in records documenting an act of domestic or sexual violence
submitted by an employee under this Policy is confidential and exempt
from Section 119.07(1), Florida Statutes and Article 1, section 24(a), of the
Florida Constitution. A written request for leave that is submitted by an
employee under this Section and any City time sheet that reflect such a
request has been made, if any, shall be confidential and exempt from
Section 119.07(1), Florida Statutes and Article 1, section 24(a), of the Florida
Constitution until 1 year after leave has been taken.
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City of Winter Springs Page 41
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
Week / Hours
Per Biweekly
Accrual
42-Hour Work
Week / Hours Per
Biweekly Accrual
56-Hour Work
Week / Hours
Per 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
Week
42-Hour Work
Week
56-Hour Work
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.
Optional use of Personal Time Off leave may be requested, if approved,
prior to 180 days of continuous employment.
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
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City of Winter Springs Page 42
employment termination at the rate of pay which is effective at termination
up to the maximum accrual rate.
263
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
Week / Hours
Per Biweekly
Accrual
42-Hour Work
Week / Hours
Per
Biweekly Accrual
Biweekly Accrual 3.692307 3.876923
25.2 Maximum Accrual - Sick Leave
For employees hired PRIOR to 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 Work
Week
42-Hour Work
Week
Maximum Accrual 960 Hours 1,008 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 Work
Week
42-Hour Work
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 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 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 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.
264
SECTION 25
SUBJECT: SICK LEAVE
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 employee’s hourly rate as of December 1st.
40-Hour
Work Week
42-Hour
Work
Week
Accrued
Balance
Conversion
to Pay
Accrued
Balance
Conversion
to Pay
240 Hours 40 Hours 252 Hours 42 Hours
480 Hours 80 Hours 504 Hours 84 Hours
960 Hours 160 Hours 1,008 Hours 168 Hours
1,920 Hours 320 Hours 2,016 Hours 336 Hours
25.6 Pay-Out Policy
Subject 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 Policy, 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.
25.7 Sick Leave Use for Early Retirement Use and Pay-Out for Defined Benefit
Pension Employees
Upon separation from employment, if an employee is currently enrolled in
the City’s Defined Benefit Pension Plan and is eligible to receive the Sick
Leave payout as provided in Section 25.6 above, 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
Sick Leave is exhausted. The employee’s 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 City’s Defined Benefit Pension Plan only and for the purpose
of either
• bridging to retirement to achieve retirement eligibility as provided
below; or
• accruing additional credited service time for purposes of determining
pension benefits
265
SECTION 25
SUBJECT: SICK LEAVE
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):
• Age 65
• Age 55 with 15 years of service to the City
• Any age with 25 years of service to the City
• Is an active participant in the City’s Defined Benefit Pension Plan
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. Employees’ donating their sick leave does
so on a voluntary basis.
266
SECTION 26
SUBJECT: FAMILY AND MEDICAL LEAVE POLICY
City of Winter Springs Page 46
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. §2601, et seq. (“FMLA”) and the regulations of the U.S. Department of
Labor, 29 C.F.R. §825.100, 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.
267
SECTION 26
SUBJECT: FAMILY AND MEDICAL LEAVE POLICY
City of Winter Springs Page 47
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 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
268
SECTION 26
SUBJECT: FAMILY AND MEDICAL LEAVE POLICY
City of Winter Springs Page 48
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
continued. Benefit accruals, such as vacation leave, sick leave, or holiday benefits, and
Personal Time Off leave 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.
Formatted: Right: 0", Space Before: 0 pt, Line spacing:
Exactly 11.4 pt
269
SECTION 27
Revised 1/28/08
SUBJECT: MILITARY LEAVE
27.1 Policy
The City proudly supports its employees who serve in the National Guard or
the reserve component of the Armed Forces of the United States.
27.2 National Guard and Reserve Training
Any employee who is a member of the National Guard or any reserve
component of the Armed Forces of the United States who is ordered by
appropriate authorities to attend a prescribed training program shall be
granted leave and shall be paid in accordance with Section 115.07, Florida
Statutes.
Leave with pay shall not be granted to an employee who voluntarily extends
his or her training time or who is required to serve additional training time
due to excessive absences from prior training periods.
27.3 Active Duty for Reservists or National Guard Members
Reservists or National Guard members called for active duty will be granted
leave in accordance with Section 115.14, Florida Statutes, and will be reinstated
in accordance with the requirements of the Uniformed Services Employment
and Reemployment Rights Act (“USERRA”). In accordance with Section 115.14,
Florida Statutes, the first 30 days of active duty service will be with pay.
Following the first 30 days of active duty service, the City will supplement the
military pay of its officials and employees for a period not to exceed 24 months,
in the amount necessary to bring their total salary, inclusive of their base
military pay, to the level earned at the time they were called to active military
duty.
For information concerning continuation of health benefits, please contact the
Human Resources Coordinator.
27.4 Procedure
Employees who request military leave under this policy must present their
department head and the General Services Director with a copy of the
appropriate military orders as soon as possible, but in no event less than two
weeks prior to the date of their scheduled departure. Employees notified of
active duty status on an emergency basis must provide as much notice as
possible and a copy of the appropriate military orders to their department
head and the General Services Director.
City of Winter Springs Page 47
270
City of Winter Springs Page 48
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 paid 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 Pay. or Vacation Leave, or Personal Time
Off 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.
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City of Winter Springs Page 49
SECTION 28 B
SUBJECT: PERSONAL TIME OFF LEAVE
28B.1 Purpose
Personal Time Off is available to employees who need to
take time off for personal matters. The intent of this leave is
to provide additional leave options to assist in better
work/life balance for new employees as well as an incentive
to retain current employees. This leave is not an entitlement.
This leave program is outside the scope of sick/vacation
leave policies.
28B.2 Eligibility – Personal Time Off
All full-time employees are eligible for this leave upon hire.
Part-time employees will be eligible for a reduced amount
of leave.
28B.3 Use of Personal Time
Requests for Personal Time Off must be submitted in
advance and will be reviewed by the Department Head or
designee, who has the authority to approve or disapprove
the request based on the department’s needs.
Employees should be aware that the Department Head or
designee must ensure that day-to -day operations continue
effectively and are advised to submit a request as soon as
they are aware they need time off. A request for personal
time off must be made at least seven (7) calendar days in
advance of use, unless the Department Head or designee
waives this requirement.
Department Heads and their designees are expected to give
careful consideration to the requests for use of this leave
prior to their approval and to exercise prudent judgment
based on the needs of the department. For new hires,
Department Heads and their designees may consider the
timing of the request and the number of hours of personal
time off requested in relation to the date of hire when
evaluating a request to use personal time off.
28B.4 Guidelines
All full-time employees will receive a 40-hour allotment
each upon hire and at the beginning of each flscal year
(refiected in flrst pay period of new flscal year). All part-time
employees will receive an 8-hour allotment upon hire and at
the beginning of each flscal year (refiected in flrst pay
period of new flscal year). Unused leave will not carry over
from year to year.
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City of Winter Springs Page 50
There is no cash value of this personal leave bank upon
separation from employment.
Employees are not eligible to borrow against any future
allotment, in advance of the posting date.
Personal Time Off hours are not eligible to be donated or
transferred to another employee. These hours cannot be
used during the two-week resignation notice period.
Employees will not be allowed to use these hours to bridge
retirement.
28B.5 Overtime and Pension Eligibility
For purposes of overtime, these leave hours will not be
calculated as time worked.
For calculations of pensionable earnings, these leave hours
will be counted as time worked as it is paid leave.
273
City of Winter Springs Page 51
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.
Please see AI2004-01 in the Appendix for further clarification.
274
SECTION 30
SUBJECT: LEAVE WITHOUT PAY
City of Winter Springs Page 52
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.
275
SECTION 31
SUBJECT: OCCUPATIONAL INJURY/DEATH
City of Winter Springs Page 53
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 Accident/Injury/Illness. 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).
276
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 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.
277
SECTION 32
SUBJECT: RETIREMENT, INSURANCE AND UNIFORMS
City of Winter Springs Page 55
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 following 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
278
SECTION 32
SUBJECT: RETIREMENT, INSURANCE AND UNIFORMS
City of Winter Springs Page 56
made to find an assignment he/she can perform. Known as light duty, this
work may or 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.
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.
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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 (Department Heads see Policy 49.3 for resignation procedures)
An employee who desires to resign shall submit a written resignation to the
supervisor or Department Head at least 14 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 14 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 14 days advance
notice entitles the employee to payout of any available accrued vacation and
sick leave or other benefits authorized by this Policy. To be eligible for this
benefit, the employee must work their normal work schedule during their
“notice” period, unless otherwise approved, in writing, by the City Manager.
Sick leave, Vacation leave, Personal Time Off leavePersonal Holiday, or any
other leave shall not be used and shall not count toward the 14-day advance
notice period, unless approved, in writing, by the City Manager.
Failure to comply with this procedure may be considered cause to deny
future employment with the City.
33.3 Retirement
Employees may retire from the City provided they meet the requirements
outlined in Section 32.
33.4 Separation for Inability to Perform the Essential Functions of the Job
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 the essential
functions of his/her job due to physical or mental impairment, or whether
such impairment poses a direct threat to the health or safety of the
employee or others, the employee, supervisor, or Department Head shall
immediately notify the City Manager.
The City shall investigate and may require a medical or psychological
examination, at its expense, by a licensed health care provider of its
choosing, in order to ascertain whether an employee can perform the
essential functions of his/her job, with or without a reasonable
accommodation, and/or whether the employee’s physical or mental
impairment, if any, poses a direct threat to the health or safety of the
employee or others.
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SUBJECT: SEPARATION
Once the extent of the impairment, if any, becomes known, the City shall make
every reasonable effort to accommodate the employee so that he/she may
continue to perform the essential functions of his/her position. Separation for
failure or inability to perform the essential functions of one’s job, or to perform
them safely, shall only occur if efforts to reasonably accommodate the
employee have been unsuccessful.
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, such as any accrued vacation
leave. Failure to report to work for three consecutive, regularly-scheduled
work days without authorization shall result in resignation due to
unauthorized absence.
33.6 Discharge
Discharge is an action taken by the City to terminate an employee's services
because the individual has violated the terms and conditions of his/her
employment and, continued employment, in the judgment of a
Department Head or the City Manager or his or her designee, is not in the
best interests of the City. Reasons for discharge include, but are not limited
to, violation of City policy, lack of qualification for the employee’s position
and/or failure to perform work satisfactorily. Regular employees will be given
a termination letter, after the conclusion of disciplinary action procedures,
and are eligible to appeal the discharge through the City’s appeal process.
Probationary employees may not appeal their termination.
33.7 Layoffs
Employees may be laid off in accordance with Section 34 of this Policy.
33.8 Exit Interviews
The City may schedule an Exit Interview at the time an employee separation
occurs or is forthcoming. The purpose of the Exit Interview is to afford the
employee with an opportunity to discuss issues such as employee benefits,
conversion privileges, repayment of outstanding debts to the City, and return
of City-owned property. The City also welcomes feedback from the
separating employee concerning his/her employment experience, and how
the City may be able to improve its operations.
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, as determined by law. The employee will receive the necessary
information concerning COBRA benefits in the mail.
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SECTION 33
SUBJECT: SEPARATION
An employee who elects to retire from the City and meets the requirements
as outlined in Section 32 will receive the benefits provided to employees
who voluntarily resign, such as a payout of their vacation and sick leave, in
addition to other benefits as provided by this Policy. Additionally, the
employee who retires under the City’s
Retirement Plan may choose to retain life insurance benefits in effect, at the
employee'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 employee’s expense if the employee
so chooses. If the employee elects to stay on these plans as a retiree, they
must expressly enroll as a retiree upon retirement from the City. If the
employee 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.
33.10 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 employee 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, or perquisites for
employment services yet to be rendered. Severance pay does not include
earned annual, sick, compensatory, or administrative leave or early
retirement under the City’s pension plan. A separation agreement does not
require a notice for an employee to be eligible for payout of accrued leave in
accordance with Section 24 and 25.
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City of Winter Springs Page 58
SECTION 34
SUBJECT: LAYOFF AND RECALL
34.1 Layoffs
The City may lay off 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 employees' 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.
283
City of Winter Springs Page 59
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 10 workdays
6-10 years of service 20 workdays
11-25 years of service 30 workdays
Over 25 years of service 40 workdays
Accrued Vacation Leave will be paid due to reduction in staff as defined
under "Resignation or Retirement".
284
SECTION 35
SUBJECT: DISCIPLINE OF EMPLOYEES
City of Winter Springs Page 60
35.1 Purpose
The City’s goal is to ensure equitable treatment of all employees and to
make certain that disciplinary actions are prompt, uniform to the extent
possible, and impartial.
Disciplinary actions are intended, where possible, to be corrective and
constructive rather than punitive. Disciplinary actions are also designed to
educate and motivate employees, contribute to employee development, and
to ensure the successful operation
of City government.
35.2 Considerations in Applying Discipline
While the City desires to apply discipline uniformly, numerous factors will
generally be considered when determining the appropriate level of discipline for
an infraction.
Examples include, but are not necessarily limited to, length of employment,
frequency of offenses, effectiveness of prior discipline, the employee’s overall
attitude and work performance, severity of the infraction, and discipline
levied in the past for similar offenses. Because the factual circumstances
surrounding an act of misconduct will nearly always differ, however, discipline
for one act of misconduct shall not create a precedent for discipline applied
to future or other acts of misconduct.
The City reserves the right to issue any discipline it deems appropriate
for an act of misconduct, regardless of whether an employee has
been disciplined previously. Certain offenses, of course, are of such a
serious nature that immediate discharge is appropriate, even where
it is a first offense. Multiple offenses are also likely to warrant more
severe disciplinary measures than an initial offense.
35.3 Types of Action
Though generally the City expects discipline to occur progressively, as
further set forth below, disciplinary action that does not occur in accordance
with the below progression may be warranted (depending on the severity of
the action, number of occurrences, etc.):
1. Documented 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 repetition of the unsatisfactory conduct. The supervisor
should utilize a Verbal Warning to identify and define the area
needing improvement. Verbal warnings are to be documented and
should identify the consequences of additional violations.
2. Written Reprimand
In situations where verbal warnings have not resulted in the
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SECTION 35
SUBJECT: DISCIPLINE OF EMPLOYEES
City of Winter Springs Page 61
desired improvement, or when an employee commits another
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, witnesses, rules violated and the result of any further violation.
3. Suspension
In the event of continued and repeat 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 of the employee's conduct occurs
or where the seriousness of the potential offense is of sufficient
magnitude that immediate suspension is deemed warranted, an
employee should be placed on indefinite suspension. Upon
completion of the investigation, or at the point a violation is
determined to have occurred, the indefinite suspension may
change to dismissal.
4. Dismissal
For certain offenses or in the event of multiple or repeated offenses, or
as otherwise determined in the sole discretion of the City, an employee
may be dismissed.
5. Demotion
In some instances, it may be appropriate for the employee to
be demoted. Such cases include, but are not limited to:
Failure to perform the higher level job;
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.
35.4 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 at a level higher than a documented verbal
warning is taken, the Department Head or HR Department should make a
286
SECTION 35
SUBJECT: DISCIPLINE OF EMPLOYEES
City of Winter Springs Page 62
reasonable effort to verify the facts and that the type of action is appropriate.
In the event of disciplinary actions involving an anticipated suspension,
demotion, or discharge, the employee shall be given written notification of
the proposed disciplinary action and the reasons for the proposed disciplinary
action. The employee will be afforded the opportunity to meet with the
Department Head to be heard regarding the proposed disciplinary action
and to provide any information as to why he or she believes the proposed
discipline should not occur. After or at the conclusion of the meeting,
appropriate action will be determined with proper approvals, and the
employee shall be so notified.
The City Manager retains the right to investigate any complaint or violation,
to recommend any disciplinary action and/or to review any disciplinary action.
Further, the
City Manager, may assign the responsibility of investigating a complaint or violation,
recommending any disciplinary action, and/or reviewing any disciplinary action.
The above procedures shall be subject to adjustments as necessary to comply
with applicable law or a collective bargaining agreement.
35.5 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 behavior or job performance shall be
subject to disciplinary action. The following schedule provides guidelines for
disciplinary actions. Since a number of factors determine the seriousness of
the offense (for example, prior offenses), the below penalties are suggestions
only. Depending on the circumstances and/or seriousness of a violation,
initial or intermediate disciplinary steps may be waived or skipped. The
following schedule is not intended to be exhaustive. Suspensions noted
below shall be without pay, except where otherwise determined in the sole
discretion of the City Manager.
Level 1 - Documented Verbal Warning
• Poor job performance
• Tardiness and/or exceeding break times
• Failing to punch and/or sign in or out
• Unauthorized use of a company telephone, mail, copy or fax machine,
computer, or other business equipment
• Excessive interruption of work for personal phone calls or personal
visits to/from other employees and/or friends
• Creating or contributing to unsanitary/poor housekeeping conditions
• Eating, drinking or smoking in non-designated area
• Failing to meet uniform/grooming standards
• Minor infraction of safety procedures
• Overages/shortages (refer to Departmental policy)
• Violating a procedure (to be determined by Department Head
and Human Resources)
• Unfriendly or uncooperative in dealing with co-workers, supervisors or the public.
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SUBJECT: DISCIPLINE OF EMPLOYEES
City of Winter Springs Page 63
Level 2 - Written Reprimand
• Failure to attend a mandatory meeting
• Changing schedule without supervisor approval
• Excessive absenteeism
• Failure to properly report a guest or work-related accident
• Violating a safety rule / creating hazardous condition
• Improper use of or failure to exercise supervisory authority
• Delaying or restricting operation of City functions, or influencing others to do so
• Isolated use of language that is discriminatory, offensive or
abusive to co- workers or the public
• Failure to improve or continuing/repeating behavior after receiving a
documented verbal warning or counseling
Level 3 - Suspension
• Demonstrating a lack of professionalism
• Failure to report to work without notice to supervisor or Department Head
• Acting discourteously toward a guest, employee, or member of management
• Using abusive, foul language, or profanity
• Sleeping while on duty
• Entering an unauthorized area without obtaining proper permission
• Taking a day off that was previously denied by Department Manager/Supervisor
• Immoral or indecent conduct while on the job
• Intentionally misusing or damaging City property
• Removing City property; negligence or improper conduct leading to
damages to City-owned, guest, or resident-owned property
• Repeated failure to complete own time cards or other work records
• Failure to improve or continuing/repeating behavior after
receiving a written reprimand
Level Four - Dismissal
• Insubordination
• Directly or indirectly maintaining any outside business or financial
interest which interferes with the employee’s ability to fully perform
his/her job duties or causes a conflict of interest.
• Furnishing incomplete or misleading information or falsifying an
employment application, company time record, PAF (Personnel
Authorization Form), medical provider’s note, benefit document, or
other work-related record.
• Harassment or discrimination of any kind.
• Walking off a job during a shift without obtaining permission from supervisor.
• Failing to report to work for three consecutive days (job abandonment).
• Reporting for work under the influence of drugs, alcohol, or
narcotics; purchasing, possessing, or consuming same
during working hours.
• Fighting or threatening physical harm to others while on duty
anywhere on City property or at a City function on or offsite.
• Acting dishonestly, deceiving, committing fraud or theft and/or
failure to report such an act.
• Tampering with or disabling City monitoring and/or tracking devices
(such as a GPS)
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SUBJECT: DISCIPLINE OF EMPLOYEES
City of Winter Springs Page 64
• Willful abuse or deliberate destruction of property belonging
to a guest, employee, or the City.
• Unauthorized possession or removal of property belonging to a guest,
employee, or the City. Department specific rules may apply.
• Using or permitting the use of City identification badge or key card
by anyone other than the person to whom it was issued.
• Refusal to submit to pre-employment, reasonable cause, post-
accident or work- related illness drug test, as permitted by law.
• Possession of dangerous or unauthorized materials, such as
explosives or firearms.
• Failure to maintain valid licenses and certifications required for the position.
• Failure to improve or continuing/repeating behavior after receiving a suspension.
35.6 Performance Improvement Plan (PIP)
Employees who violate the City’s discipline policy and/or receive a below
satisfactory performance evaluation may be put on a Performance
Improvement Plan (“PIP”). The PIP will serve as a guideline for supervisors to
direct and monitor an employee’s performance and/or behavior and to allow
an employee an opportunity to demonstrate improvement. The PIP will
define which performance factors or behavior concerns need to be
addressed, and a timeline to make the improvements. The PIP will span to six
(6) months. During this time, employees should meet with their supervisors
no less than bi- monthly to discuss improvements or declines in the indicated
areas. A PIP does not constitute an employment contract; employment may
be terminated, by either party, with or without the existence of a PIP in
accordance with this Policy.
Department Heads must approve all PIPs prior to the implementation of the
plan. If after completion of the PIP the employee is unable to perform at a
level that meets department and City expectations, employment may be
terminated. Employees on an active PIP are not eligible for a merit raise.
289
SECTION 36
SUBJECT: EMPLOYEE APPEAL AND GRIEVANCE PROCEDURES
City of Winter Springs Page 65
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.
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SECTION 36
SUBJECT: EMPLOYEE APPEAL AND GRIEVANCE PROCEDURES
City of Winter Springs Page 66
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.
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.
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SUBJECT: EMPLOYEE APPEAL AND GRIEVANCE PROCEDURES
City of Winter Springs Page 67
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.
All grievances at their conclusion shall be forwarded to the Human Resources
Coordinator for appropriate action, coordination and filing.
If the response time limit falls on an employee’s day off, the reply by
management shall be given to the employee on his/her immediately
following working day.
292
SECTION 37
SUBJECT: EMPLOYEE SELF IMPROVEMENT AND EDUCATIONAL PROGRAM
City of Winter Springs Page 68
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:
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SUBJECT: EMPLOYEE SELF IMPROVEMENT AND EDUCATIONAL PROGRAM
City of Winter Springs Page 69
Termination After Completion of Course(s) Reimbursement to City
Less than 1 year 100%
Less than 2 years 50%
Over 2 years 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" 50%
Letter grade "B" 75%
Letter grade "A" 100%
Reimbursement for courses in which letter grades are not issued will be in the
following manner:
Satisfactory 100%
Unsatisfactory 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.
Please see AI2005-01 in the Appendix for further clarification.
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SECTION 38
SUBJECT: TRAINING AND CONFERENCE ATTENDANCE
City of Winter Springs Page 70
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.
295
SECTION 39
SUBJECT: TRAVEL POLICY
City of Winter Springs Page 71
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.
296
SECTION 39
SUBJECT: TRAVEL POLICY
City of Winter Springs Page 72
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.
Please see AI2015-02 in the Appendix for further clarification
297
SECTION 40
SUBJECT: SAFETY PROGRAM AND PROCEDURES
City of Winter Springs Page 73
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;
298
SECTION 40
SUBJECT: SAFETY PROGRAM AND PROCEDURES
City of Winter Springs Page 74
3. Frequent inspections of job sites and enforcement of safety rules;
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 immediately 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.
299
City of Winter Springs Page 75
SECTION 41
SUBJECT: DRUG-FREE WORKPLACE
The Committee shall convene on a regular basis to review incident frequency and
determine if remedial measures are available.
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 drug 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
300
City of Winter Springs Page 76
SECTION 41
SUBJECT: DRUG-FREE WORKPLACE
delivery of illegal drugs or controlled substances by an employee to another
person is cause for termination and referral to law enforcement authorities.
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 seeking 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
301
City of Winter Springs Page 77
SECTION 41
SUBJECT: DRUG-FREE WORKPLACE
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.
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.
302
SECTION 42
SUBJECT: USE OF TOBACCO IN THE WORKPLACE
City of Winter Springs Page 78
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.
303
SECTION 43
SUBJECT: OUTSIDE EMPLOYMENT
City of Winter Springs Page 79
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.
304
City of Winter Springs Page 80
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.
305
City of Winter Springs Page 81
SECTION 44
SUBJECT: HARASSMENT
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.
306
City of Winter Springs Page 82
SECTION 45
SUBJECT: NEPOTISM/PERSONAL RELATIONSHIPS IN THE WORKPLACE
45.1 Purpose and Definitions
When “Relatives” and persons involved in romantic relationships work in the
same area of an organization, it may cause claims of favoritism, morale issues,
and personal conflicts. The purpose of this policy is prevent these issues.
Relatives are defined, for the purpose of this Section, as an individual who is
related to the employee as father, mother, son, daughter, brother, sister, uncle,
aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half
sister.
45.2 Hiring and/or Working With an “Immediate Family Member”
It is the policy of the City to refrain from hiring or transferring a Relative or person
involved in a romantic relationship into a department in which another Relative
or partner in the romantic relationship is currently working. Further, an
employee whom is vested the authority by law, rule, or regulation, or to whom
the authority has been delegated, to appoint, employ, promote, or advance
individuals in connection with their employment with the City, may not appoint,
employ, take disciplinary action against, promote, or advance, or advocate for
the appointment, employment, promotion or advancement, of a Relative or a
partner in a romantic relationship in or to a position in the City.
In the event of a conflict under this policy, one employee may be required to
transfer, resign or be terminated. Situations not specifically addressed in this
policy which, in the City’s opinion, create a conflict of interest or give the
appearance of a conflict of interest, shall be handled in the City’s discretion.
Nothing in this Policy is intended relieve employees subject to the Code of
Ethics for Public Officers and Employees under Florida law from the
requirements thereof, specifically section 112.3135, Florida Statutes.
307
SECTION 46
SUBJECT: SOLICITATION, DISTRIBUTION AND VISITORS
City of Winter Springs Page 83
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.
308
SECTION 47
SUBJECT: POLITICAL ACTIVITY
City of Winter Springs Page 84
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.
309
SECTION 48
SUBJECT: MISCELLANEOUS PROVISIONS
48.1 Valid Driver’s License
All operators of City vehicles must have a valid driver’s 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 care and discretion to reflect a positive public image.
Under no circumstances 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 or 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 Declared Emergencies
When a state of emergency has been declared by the City of Winter Springs
requiring the overtime services of exempt City employees, salaries of exempt
employees will be converted to an hourly wage rate based upon 2,080 hours
per year.
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 answer 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 supervisor or
Department Head.
City of Winter Springs Page 84
Revised 8/7/06
310
City of Winter Springs Page 85
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.
Please see AI2006-01 in the Appendix for further clarification.
311
City of Winter Springs Page 86
SECTION 49
SUBJECT: DEPARTMENT HEADS
49.1 Policy
As key members of the City’s 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 14 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.
A Voluntary Resignation with 14 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.
Department Heads who fail to provide 14 days’ 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
Manager’s 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
312
City of Winter Springs Page 87
Department Heads will receive their final pay and benefits in accordance with
applicable City policy.
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 City’s 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 Head’s 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 City’s 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.
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313
SECTION 88
City of Winter Springs Page 88
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.
314
City of Winter Springs Page 89
SECTION 51
SUBJECT: EMPLOYEE USE OF CITY EQUIPMENT AND GPS MONITORING
51.1 Purpose
The use of City equipment including, but not limited to, city-issued
computers, telephones, electronic equipment, vehicles and other property
(“City Equipment”) are intended for City business purposes and not for
personal use. The City has an interest in safeguarding City Equipment from
theft, loss, and misuse and in tracking the location of employees during work
hours and the frequency, character and nature of employees’ usage of City
Equipment.
The City reserves the right as to any and all City Equipment to install and
activate GPS systems and other electronic devices or programs that allow the
City to monitor the location, speed, direction, ignition status, and other
information related to the usage of City Equipment. The City may monitor and
utilize the information revealing the usage of City Equipment during working
hours and, in the event of lost or stolen City Equipment, during non-working
hours. For city-issued cellular phones, location services and settings shall be
left “on”. The City may also be alerted to the fact that City Equipment has been
lost, stolen, taken to or removed from certain geographical areas, and when a
vehicle has exceeded the speed limit.
51.2 Employee Consent to Monitoring
By using City Equipment, employees consent to the City monitoring and
reviewing information obtained through such GPS systems and electronic
devices and programs. Furthermore, employees consent to the City
monitoring and reviewing information obtained through such GPS systems
and electronic devices and programs during non- working hours in the event
that the City Equipment is considered lost or stolen, as determined by the
City. The use of City Equipment does not give rise to an expectation of
privacy. Data obtained from monitoring and reviewing information obtained
through such GPS systems and electronic devices and programs may be
subject to public records disclosure pursuant to Chapter 119, Florida Statutes.
If a GPS or another electronic device or program is installed in City
Equipment, employees shall not turn-off, disable, alter, or remove the GPS
system, electronic device or program.
The GPS data and similar data from these systems is deemed by the City to be
reliable. The City may use GPS data and other similar data to make
employment and management decisions and decisions regarding the future
use of City Equipment.
315
City of Winter Springs Page 90
Employees may be disciplined for any violation of City policy detected by the
monitoring of City Equipment.
316
.·-MTChelle Greco
From:
3ent:
To:
Subject:
Michelle Greco
Wednesday, September 29, 2004 6:29 PM
Tim Lallathin
RE: Personnel Policy Official Determination
Thank you.
Michelle Greco
Director of Finance
City of Winter Springs, Florida
(407) 327-5960
PLEASE NOTE: Florida has a vety broad public records law. Most written communications to or
from City officials regarding City business are public records available to the public and media upon
request. Your e-mail communications may be subject to public disclosure.
-----Original Message-----
From: Tim Lallathin
Sent: Wednesday, September 29, 2004 5:15 PM
To: Mary Wilson
Cc: _Department Heads
Subject: RE: Personnel Policy Official Determination
Mary,
The City Managers formal interpretation is grandparents and grandchildren refer to the employee ONLY and does
not include the employees spouse grandparents or grandchildren.
Thank you,
Timothy J. Lallathin, Fire Chief
City of Winter Springs
102 North Moss Road
Winter Springs, Florida 32708
(407) 327-2332 Administration
(407) 327-7575 Direct Line
(407) 327-4750 Fax
Email: tlallathin@winterspringsfl.org
-----Original Message-----
From: Mary Wilson
Sent: Monday, September 27, 2004 5:37 PM
To: Tim Lallathin
Subject: RE: Personnel Policy Official Determination
Per Personnel Policy Section 29.1 page 48 Purpose: Members of the immediate family include
grandparents.
7/t4!Uf 'UI
Human Resources Coordinator
City of Winter Springs
1
317
AI2004-0l
318
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
AI2005-01
DATE:
TO:
FROM:
October 20, 2005
Department Directors
Michelle Greco, Finance Director @i
THROUGH: Ronald W. McLemore, City Manager f'
SUBJECT: Educational Incentive Loan Program Application
AI2005-01
Attached is the revised Educational Incentive Loan Program Application. It has been updated to
include the City Manager's approval in this process. As a reminder, this application is to be approved
prior to the course work beginning. The original application will be forwarded to Human Resources
to be placed in the employee's personnel file and a copy will be sent to the department for their files
and to be attached to the check request reimbursing the employee when the course has been completed
as discussed in the Personnel Policies, Section 37: Employee Self Improvement and Educational
Program. An electronic version of this file can be found on the shared drive at S:/City of Winter
Springs/Docs/Forms & Publications/Forms/Human Resources/Educational Incentive Application.
Thank you in advance for your cooperation in this matter.
CC: Mary Wilson, Human Resources Coordinator
319
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
AI2006-01
DATE: October 9, 2006
TO: Joanne Dalka, Information Systems Director
Daniel Kerr, Police Chief
Adam Gill, System Administrator I
FROM: Michelle Greco, Finance Director @
THROUGH: Ronald W. McLemore, City Manager?'
SUBJECT: Employer Provided Take Home Vehicles AI2006-01
The City of Winter Springs allows certain employees to drive their City provided vehicle to and from
work as approved by their Department Director and/or the City Manager. As stated in the City of Winter
Springs Personnel Policy dated July 25, 2000, Section 48.2 page 84, Use of City Owned Equipment
and Vehicles, under no circumstances should these vehicles be used for personal business or pleasure.
Thus the City vehicle can only be driven to and from work, if approved as discussed above, and for
City business.
According to the Internal Revenue Service (IRS) Regulations, (see Publication 15-B: Employer's Tax
Guide to Fringe Benefits at www.irs.gov), an employer provided vehicle is considered a fringe benefit
and as such is taxable event for the employee. The exception to this rule is qualified non-personal use
vehicles which include: clearly marked police vehicles, clearly marked fire vehicles and unmarked
vehicles used by law enforcement officers who are authorized to carry a fireann, execute search
warrants and make arrests. All other employee's fall into the personal use category and as such receive
a taxable fringe benefit per the IRS. Beginning on the October 20, 2006 paycheck (work days October
5, 2006 to October 18, 2006), the value of the employee's employer provided take home vehicle will be
included in their biweekly paycheck. Each employee will be taxed using the "Commuting Value Rule,"
which means that an amount of $1.50 per one-way commute (or $3.00 per day) will be included in their
paycheck as taxable income. For an employee falling in the 15% tax bracket and has driven the vehicle
to and from work each day for 10 days out of a 14 day pay period, an additional $6.80 in taxes would
be withheld from their paycheck for this benefit For an employee falling in the 27% tax bracket,
using the same example, an additional $10.40 in taxes would be
withheld from their paycheck for this benefit.
Please have the employee fill out and sign the attached "Take Home Vehicle Form," submit to the
department director for their signature and forward to the Payroll Department with the department
timesheets each pay period so the appropriate amount can be withheld from their pay check. For
example, if the employee is on vacation for one week and drives the vehicle to and from work each
day the following week, the employee notes this on the form, and they would only be taxed for 5 days
of benefit not 10 days of benefit.
1 have attached a copy of the "Internal Revenue Service Federal, State and Local Government Public
Employer Tax Guide" dated February 2006 as a reference guide to the IRS positions on various fringe
benefits. See pages 7 to 9 for discussions on "Employer Provided Vehicles." Please contact me at
extension 209 with any questions. Thank you.
320
Ronald W. McLemore
City Manager
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
TO:
FROM:
DATE:
Department Heads
Ron McLemore, City Manager f.
September 25, 2007
SUBJ: Demotions AI2007-01
Effective immediately, the following directive is issued in regards to all employee
demotions:
Employees who are demoted, either voluntarily or involuntarily, shall have
their salary reduced in a dollar amount equal to the same dollar amount of
increase the employee received at the time they were promoted.
All other provisions of City Personnel Policies Section 14: Demotions sha11 be observed.
cc: Mary Wilson
321
AI2007-01
322
AI2008-01
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
DATE: March 6, 2008
TO:
FROM:
SUBJECT:
Department Directors
Ronald W. McLemore, City Manager r,,..-
Administrative Directive for City Notary Activities
AI2008-01
Please ensure that all City Notaries within your department receive a copy of this memorandum.
The following Administrative Directive should be used when obtaining or renewing Notary designations for
authorized City employees:
I) The City of Winter Springs may allow certain employees as authorized by their department director
to obtain a Notary designation that is paid for by the City to be used to notarize documents in the
course of official City business.
2) While the employee is in the course of official City business they are only allowed to notarize
official City documents. No other documents may be notarized by the employee during working
hours. In such case the employee will be covered under the City's Errors and Omissions (E&O)
Insurance policy as long as the employee is performing a notary function in accordance with this
policy.
3) If the employee would like to use their Notary Seal outside of City business hours during which
time the employee is not being paid to work by the City, the employee may purchase additional
E&O Insurance at their own expense to cover themselves for any pot ential risk associated with
notarizing non-City business documents.
4) Because the employee is covered under the City's E&O insurance policy, no additional insurance
should be purchased by the City when paying for the employee's Notary package. The following
items must be included in the Notary package: Secretary of State filing fee, Four -Year Notary Bond
($7,500 coverage), which is not E&O insurance but a bond for the public's protection for any losses
and is required by the Secretary of State, and a Notary Seal. Huckleberry Notary Bonding Inc. is a
City vendor that is currently used by the majority of departments for this type of purchase.
5) Only if the employee chooses to notarize other documents outside the office on their own time in
the employee 's off hours is this step applicable.
Once the employee has received their Notary package that was paid for by the City, the employee
should contact a vendor to purchase additional E&O Insurance with their personal funds to safe
guard themselves if they choose to use their Notary Seal for non-City business, which must occur
in the employee's off hours. If the employee does not use their Notary Seal for non-City business
use during their off hours then no additional insurance is necessary.
Thank you.
323
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-6599
Fax (407) 327-4763
.
AI2015-01
MEMORANDUM
TO: All Employees
FROM: Kevin Smith, City Manager
CC: Directors
RE: Administrative Interpretation for Section 33.2
Voluntary Resignation AI2015-01
DATE: 4/29/2015
This memorandum is intended to clarify the policies surrounding vacation and
sick time after an employee has submitted their notice to separate from
employment.
Section 33.2 Voluntary Resignation states “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.”
This policy is interpreted to mean that in order to receive payment for benefits
due, including accrued vacation payout, an employee must provide a written
resignation at least 14 calendar days prior to their last day. Also, this policy is
interpreted to mean the employee will work their normal work during their
“notice” period. Sick, Vacation, and Personal Holiday use will not be approved
and will not count toward the 14 day notice period, unless approved by the City
Manager in writing.
324
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-6599
Fax (407) 327-4763
.
MEMORANDUM
TO: Directors
FROM: Kevin Smith, City Manager
CC: Director
RE: Administrative Interpretation for Section 39 Travel Policy AI2015-
02
DATE: 7/8/15 Revised 10/23/15
This memorandum is intended to clarify the policies surrounding the City’s
Travel Policy, specifically as it relates to Out-of-State and Out-of-City travel.
Travel Out of State
Any and all travel out of state must be approved, in writing, by the City Manager
prior instituting/scheduling the travel.
Travel Out of City
The City Manager, or designee, may approve travel outside of the City. The
City’s travel policy is in compliance with Florida Statute 112.061. The City has
determined that 50 miles is the threshold for reasonable and necessary for
overnight stay; therefore, the City will not reimburse lodging or per diem for
travel within a 50 mile radius of the City without written approval by the City
Manager.
Lodging
If travel meets the requirements outlined above, the City will reimburse up to
$150 for lodging at a single-occupancy rate, to be substantiated by receipts
evidencing payment. In the event that the cost of all available lodging at a single-
occupancy rate exceeds $150, the City may reimburse the traveler for the least
expensive hotel room within 3 miles of the event location.
cc:
Casey Howard, HR and Benefits Manager
File
325
City of Winter Springs
Resolution No. 2023-22
Page 1 of 3
RESOLUTION NO. 2023-22
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE
CITY’S PERSONNEL POLICIES; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
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]
326
City of Winter Springs
Resolution No. 2023-22
Page 2 of 3
RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting
assembled on the ______ day of June, 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
327
City of Winter Springs
Resolution No. 2023-22
Page 3 of 3
EXHIBIT A
PERSONNEL POLICY
328