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HomeMy WebLinkAbout2023 12 11 Informational 201 - City Chaplain ApplicationINFORMATIONAL AGENDA ITEM 201 CITY COMMISSION AGENDA | DECEMBER 11, 2023 REGULAR MEETING TITLE City Chaplain Application SUMMARY The City Commission recently passed Resolution 2022-27 authorizing the creation of a voluntary City Chaplain position. Pursuant to Section 2 of Resolution 2022-27, "A City Chaplain shall be chosen by the City Commission using a secular set of appointment criteria. The City may appoint multiple Chaplains to serve at one time. Chaplains shall serve for terms of one year, subject to re-appointment by the Commission." The City currently has three (3) Chaplains, all of whom were appointed on January 30, 2023. The current Chaplains are: Pastor Jeff Dixon Pastor Bob Melhorn Pastor Kyle Stewart Interested applicants should complete the attached volunteer application which will be advertised and accepted for a period of 30 days (December 12, 2023 - January 11, 2024). All complete applications will be presented for consideration at the January 22, 2024 City Commission Regular Meeting. FUNDING SOURCE n/a RECOMMENDATION Applications will be open from Tuesday, Decmber 12, 2023 - Thursday, January 11, 2024. 41 City of Winter Springs Volunteer Policy Page 1 of 7 CITY OF WINTER SPRINGS VOLUNTEER POLICY A.Purpose. The volunteers of the City of Winter Springs play a vital role in the enhancement of public services provided by each City department. Accordingly, this Policy is designed to guide the intake of City volunteers for placement in the volunteering opportunities throughout the City of Winter Springs. B.Volunteer: Definition; General Policies. 1.Definition: For purposes of this Policy, a volunteer is an individual who performs hours of service in a City department for civic, charitable, health, humanitarian, recreational, public safety or general welfare reasons, without promise, expectation or receipt of compensation for services rendered, except for reimbursement of expenses, nominal fees, or a combination thereof. (i) This policy applies only to non-elected volunteers. This policy does not include volunteers appointed to a City board or committee. (ii) Volunteers do not supplant City employees; they assist paid staff or provide services that constitute elements of major regular positions and augment the established and mandated services of the City. (iii) City employees may volunteer their services to the City as long as the work they perform as a volunteer is outside their scope of duties as City employees. (iv) Individuals or entities that are (1) volunteering or working for independent contractors hired by the City or (2) individuals or associations retained by the City by separate agreement are not volunteers of the City for purposes of this Policy. Such volunteers under separate agreement shall be subject to the terms and conditions of such agreement. 2.Minors: Volunteers who have not reached the age of eighteen years must have the written consent of a parent or legal guardian prior to volunteering. C.City Manager or Commission Approval Required. 1. All City volunteer positions shall require prior approval by the City Manager, the City Manager’s designee, or the City Commission. Such approval shall be based on whether the volunteer position furthers the purpose of a City department. 42 City of Winter Springs Volunteer Policy Page 2 of 7 2. City departments may make requests to the City Manager for volunteer authorization based on the needs of the Department. When making such a request, the Department shall provide the following information: (i) the purpose and scope of proposed duties for the volunteer position; (ii) the Department’s need for the volunteer position; and (iii) any special qualifications required of a successful applicant. D.Application and Enrollment Process. 1. The process for selection of City volunteers is as follows: (i)Applicants must submit a completed Volunteer Application Form to the supervisor of the volunteer position for which the application is submitted (“Supervisor”). The Supervisor shall then forward such applications to the head of the City Department that is seeking to fill such volunteer position (“Department Head”). The Department Head shall forward a copy of all such applications to HR for record-keeping purposes. (ii) The Department Head shall review Volunteer Application Forms received and may select applicant(s) for interview(s). (iii) The Department Head may conduct one or more interviews of each selected applicant, in the discretion of the Department Head. Prior to being assigned to a position, all volunteers will be interviewed to ascertain their suitability for and interest in the position. The interview should determine the qualifications of the volunteer, their commitment to fulfill the requirements of the position, and should answer any questions that the volunteer might have about the position. (iv) Upon making an initial determination that an applicant is qualified for a volunteer position, the Department Head shall request that HR provide the required background checks and screening as set forth in Paragraph E of this Policy. (v) HR shall determine, in its discretion and in accordance with law, whether an applicant’s background checks and screening reveal any disqualifying information. If there is no such disqualifying information, HR shall authorize the applicant for the volunteer work. The applicant may commence work as a City volunteer upon HR’s authorization. 2. Enrollment. All City volunteers shall read, sign, and submit the following forms 43 City of Winter Springs Volunteer Policy Page 3 of 7 prior to commencing their term as a City volunteer: (i) City Volunteer Application form, attached hereto as Exhibit “A”; (ii) City Standard Volunteer Consent form, attached hereto as Exhibit “B”; (iii) City Volunteer Enrollment form, attached hereto as Exhibit “C”; and (iv) City Volunteer Release of Liability form, attached hereto as Exhibit “D”. The Department Head is responsible for forwarding all such forms to HR for record-keeping. 3. HR shall establish record-keeping procedures and maintain City volunteer records as required by Florida Statutes. E.Screening and Background Checks. 1.Sensitive Positions. A criminal background investigation shall be completed on all volunteers applying for a sensitive position, as identified in Section E(2), herein. Each City department has the authority to determine which volunteer assignments constitute sensitive positions. The applicant must sign the statement set forth on the Volunteer Application Form authorizing the City to conduct a criminal background investigation prior to initiation of such background check. A volunteer may not commence volunteer services until after completion of such background check. In evaluating whether a volunteer applicant may be rejected for work placement or transfer to a sensitive position, HR shall consider the following criteria: (i) The nature and seriousness of the offense(s), and the circumstances under which the offense(s) occurred; (ii) The age of the person at the time of the offense(s); (iii) The recency of the offense(s); (iv) The number of convictions; (v) The relationship of the offense(s) to the sensitive position for which application is made; 44 City of Winter Springs Volunteer Policy Page 4 of 7 (vi) Evidence of rehabilitation and maturation, including the volunteers employment record with respect to job responsibility and duration and other volunteer efforts; (vii) Truthfulness in admitting previous record; (viii) Attitude of applicant; (ix) Other factors relevant to the volunteer’s suitability, including but not limited to maturity, attitude and honesty. 2.Guidelines for Identifying Sensitive Positions: A sensitive position may include, but is not limited to, positions that involve access to custody of cash, equipment or confidential information; involves the rendering of services to at-risk persons (such as children or the elderly); or involves dispensing City benefits to the public. 3.Contact with At-Risk Persons. Where volunteers are to be placed in direct contact with at-risk persons (such as children or the elderly), additional screening procedures may be instituted. These procedures may include reference checks, direct background investigation, criminal investigation, etc., as authorized or required by law. Volunteers who refuse permission for conduct of these checks will not be accepted for the volunteer position. 4.Potentially Disqualifying Job-Related Offenses: The following is a list of offenses in general/common terms, which, under certain conditions, may be incompatible with specific functions associated with volunteer work assignments; however, the list is intended only as a guide, is not comprehensive, and does not reference specific statutory terms: (i) List of Offenses Function - Access to funds or negotiable instruments Bribery Embezzlement Forgery Fraud Receiving Stolen Property Robbery Theft 45 City of Winter Springs Volunteer Policy Page 5 of 7 Function - Access to confidential or classified materials Extortion Forgery Fraud Perjury Receiving Stolen Property Robbery Theft Function - Charge of or access to City property Embezzlement Robbery Receiving Stolen Property Theft Function - Protection of persons or property (Law Enforcement) Assault Drug or Narcotics Offenses Child Molestation/Abuse Embezzlement Forgery Fraud Homicide Intoxication Kidnapping Robbery Sex Offenses Theft Function - Individual contact with or care or supervision of minors Assault Child Molestation/Abuse Chronic or Recurrent Alcoholism Drug or Narcotics Offenses Homicide Kidnapping Manslaughter Offenses Against Minors 46 City of Winter Springs Volunteer Policy Page 6 of 7 Sex Offenses Rape Robbery Theft Function - Individual contact with or care or supervision of the elderly Assault Child Molestation/Abuse Drug or Narcotics Offenses Embezzlement Forgery Fraud Homicide Intoxication Kidnapping Manslaughter Rape Receiving Stolen Property Robbery Sex Offenses Theft 5. Certification and Licensing. Violation of any certification or licensing requirements relating to the duties of the position in question may be the basis for disqualification. (A) The City recognizes that in some cases, volunteers must have certification or a license in order to provide certain volunteer services. To the extent that the City requires such a volunteer, and the volunteer does not yet have the required certificate or license, the City Manager may authorize, in the City Manager’s discretion, the expenditure of City funds for the purpose of assisting the volunteer in obtaining such certification or license needed to provide the services required by the City. However, if said funds are paid by the City, the City Manager may require the volunteer to commit, in writing, to providing said services for a specific period of time, or the volunteer will be required to repay the funds to the City. This provision does not obligate the City to expend funds for any volunteer in need of certification or licensing for the performance of any volunteer services. 47 City of Winter Springs Volunteer Policy Page 7 of 7 6. Dishonesty in Application. Dishonesty during the application process for a volunteer position may be the basis for disqualification. 7.Criminal background data obtained for employment screening purposes pursuant to Chapter 435, Florida Statutes, shall be used only for such screening purposes. Such data shall be kept confidential and is exempt from the Public Records Law. 8.Medical Treatments. Any potential volunteer who indicates that they are under the care of a physician for either physical or psychological treatment may be asked to present a certificate from the physician as to their ability to satisfactorily and safely perform their volunteer duties. Volunteers under a course of treatment which might affect their volunteer work will not be accepted without written verification of suitability from their physician. Any volunteer who, after acceptance and assignment by the City, enters a course of treatment which might adversely impact upon the performance of their volunteer duties should consult with their supervisor. F.Orientation and Training. 1.Orientation. All volunteers will receive a general orientation on the nature and operation of the program or activity for which they are recruited, and a specific orientation on the purposes and requirements of the position which they are accepting in that effort. 2. On-the-Job Training. Volunteers will receive specific on-the-job training to provide them with the information and skills necessary to perform their volunteer assignment. The timing and methods for delivery of such training should be appropriate to the complexity and demands of the position and the capabilities of the volunteer. G.Supervision. Volunteers shall be supervised by the Department Head, or the Department Head’s designee. 48 Exhibit “A” City of Winter Springs Volunteer Application Form Thank you for considering the City of Winter Springs as an opportunity for your volunteer activity. Please provide the following information: Your name: Your organization: Street Address: City State Zip Telephone Choose one: Home Business Cellular Place checks in the following chart to indicate the periods of time which you currently have available for volunteer activity: Morning Mid-Day Afternoon Evening Monday Tuesday Wednesday Thursday Friday Saturday Sunday For what volunteer position(s) are you applying?_________________________________________ What skills do you have, such as typing, use of a computer, artistic abilities, etc.? Are you under 18 years of age?_______ If so, Date of Birth______________________________ Are you currently employed?____________ If yes, where? ______________________________ Are you currently a student?_____________If yes, where? ______________________________ Are you a City employee? ______________Department?_______________________________ Are you a retired City employee?__________Department?_______________________________ I am able to volunteer only until: (date)_______________________________________________ Please describe your areas of interest and describe any related education or work experience. 49 Do you have any prior volunteer experience? _________ If yes, please describe: Are you under care of a medical professional for any physical or psychological treatment that may affect your ability to safely and satisfactorily perform your volunteer duties? Have you ever been convicted of, or pled “nolo contendere” to, a felony? _____________ If yes, please explain: I hereby certify that all statements made in connection with this application for volunteer work are true to the best of my knowledge. Signature ______________________________________ Date: __________________________ Print Name ____________________________________ I hereby authorize the City of Winter Springs to obtain a record of my criminal convictions (including but not limited to pleas of “nolo contendere”) from the Florida Department of Law Enforcement or any other agency that collects records of criminal convictions. Signature ______________________________________ Date: __________________________ Print Name ____________________________________ ______________________________________________ Date: __________________________ Signature of Parent or Guardian (minors only) ______________________________________________ Printed Name of Parent or Guardian (minors only) 50 Exhibit “B” City of Winter Springs Standard Volunteer Consent I agree to read and abide by the policies relating to appropriate behavior and standards of conduct to be displayed by the City volunteers. I acknowledge that, if at any time such policies are amended, I will be provided the amended policies and at such time will be responsible for abiding by any amended provisions of the policy in addition to those included in the original policy. I further understand and agree to accept the responsibilities of the volunteer position and participate in any training required by the City. I accept the guidance of my supervisor and shall notify my supervisor of absences and incidents of injury. I acknowledge that I freely donate my time without any expectation or promise of compensation. Lastly, I agree to abide by the following in carrying out my duties and understand that a violation of any of the below statements may result in my disqualification or termination: 1. I will keep confidential all information as required. 2. I will refrain from publishing any data gathered during the volunteer term and from disseminating commercial advertisements, press releases, or opinions without prior written consent of the Human Resources Coordinator. 3. I will refrain from any type of solicitation or charging, requesting or accepting any fee, gift, reward or payment of any kind for my volunteer services. 4. I will refrain from offering medical and/or legal advice even though I may be asked for such. 5. I will maintain a current driver’s license and automobile liability insurance if driving is required as part of my volunteer services. 6. I will report immediately any suspected incident of abuse to children, dependent adults, or elders to appropriate authorities and the Human Resources Coordinator. 7. I agree to provide an update to the Human Resources Coordinator of any change to the information I submitted on my application during the term of volunteer period. 8. I acknowledge that I have read and understand the “External Volunteer Policies” attached hereto as Attachment “1", and will not engage in inappropriate and/or illegal conduct or behavior including but not limited to harassment, discrimination, and/or drug or alcohol abuse. Signature ______________________________________ Date: __________________________ Print Name ____________________________________ ______________________________________________ Date: __________________________ Signature of Parent or Guardian (minors only) ______________________________________________ Printed Name of Parent or Guardian (minors only) 51 Attachment 1. External Volunteer Policies 1.Volunteers are at-will: The City accepts the service of all volunteers with the understanding that such service is at the sole discretion of the City. Volunteers agree that the City may at any time, for whatever reason, decide to terminate the volunteer’s relationship with the City. The volunteer may at any time, for whatever reason, decide to sever the volunteer’s relationship with the City. Notice of such a decision should be communicated as soon as possible to the volunteer’s supervisor. 2.No conflicts of interest: No person who has a conflict of interest under Florida law with any activity or program of the City shall be accepted or serve as a volunteer with the City. 3.Dress Code: Volunteers shall dress appropriately for the conditions and performance of their duties. 4.Inappropriate Conduct, Discrimination and Harassment Prohibited: The City is an Equal Opportunity Employer and is committed to providing a workplace free of any type of unlawful discrimination or harassment. (i) Volunteers are prohibited from engaging in any type of inappropriate conduct, including but not limited to unlawful discrimination or harassment on the basis of race, religion, national origin, ethnicity, age, gender, marital status, pregnancy, disability, veteran status and/or any other legally protected characteristic. (ii) Volunteers are prohibited from engaging in unlawful harassment including verbal, physical and visual conduct based on any of the above legally protected characteristics which create an intimidating, offensive or hostile work environment or that interferes or could interfere with a volunteer’s work performance. Some examples of harassment include racial slurs or jokes, disparaging remarks concerning any protected group, ethnic jokes, distribution or posting of offensive statements, posters or cartoons or other similar conduct. (iii) Volunteers are prohibited from engaging in sexual harassment. Sexual harassment may exist where a volunteer requests sexual favors or makes unwelcome sexual advances towards another individual or makes unwelcome verbal comments or displays physical conduct of a sexual nature to another individual, where the comment or conduct is unwelcome. Sexual harassment may also exist where a volunteer makes derogatory comments to an individual based on or related to such person’s gender. (iv) Volunteers must report any incident involving any perceived discrimination and/or harassment experienced or witnessed by them immediately to their Supervisor and to the Department Head, as defined herein, and to the Human Resources Coordinator (“HR”). Volunteers should recognize that this policy applies equally to harassment or discrimination committed by a fellow volunteer, employee, citizen, elected official, vendor or other third parties with whom the volunteer comes into contact. (v) Every complaint of unlawful discrimination or harassment that is reported will be investigated thoroughly and promptly. Retaliation against any volunteer for making such a complaint is strictly prohibited. The complainant will be made aware of the outcome of the City’s investigation upon completion. If the investigation reveals reasonable cause to believe that unlawful discrimination or harassment has occurred, the City will take prompt remedial action to stop the impermissible conduct, prevent it from occurring in the future and to appropriately discipline the person responsible. 52 (vi) Any volunteer violating this policy is subject to discipline, up to and including termination of volunteer services. If you have questions regarding this policy or the City’s complaint procedure, please direct your questions to the Human Resources Coordinator. 5.Substance Abuse Prohibited: The City is determined to eliminate the use of illegal drugs, alcohol, and controlled substances at its work sites. Volunteers are prohibited from use of such substances at all City work sites and volunteer sites. Use of illegal drugs, alcohol and controlled substances at City work sites or volunteer sites may result in discipline, up to and including termination of volunteer services. 53 Exhibit “C” City of Winter Springs City Volunteer Enrollment Your Name _________________________________________________________ Organization _________________________________________________________ Street Address _________________________________________________________ City ____________________________ Zip__________________________ Telephone No. ____________________________ Choose One: Home Business Cellular Date of Birth ____________________________ Emergency Contact Name_____________________________________________ Emergency Contact Phone_____________________________________________ Relationship _____________________________________________ If your volunteer assignment will include driving or operating a vehicle, please provide the following information: Driver’s License:_____________________________ Expiration Date:____________________ Auto insurance company:________________________________________________________ The following information will be completed by the Human Resources Coordinator: Volunteer Assignment Position: _____________________________________________________________ Location: _____________________________________________________________ Supervisor:____________________________________________________________ Start Date_______________________________ End Date______________________ Background Check Required? Yes/No _______________________ Background Check Completion Date: ________________________ Vehicle Required? Yes/No _______________________ Type: ___________________ 54 Exhibit “D” City of Winter Springs City Volunteer Release of Liability In accepting a position as a volunteer with the City of Winter Springs, I agree to accept voluntary Workers’ Compensation coverage as the sole and exclusive remedy for any injuries I might sustain while in such volunteer service. Such voluntary Workers’ Compensation coverage will be in effect to pay for medical attention for actual injuries sustained during volunteer service subject to Workers’ Compensation statutes and regulations. Since volunteer service does not include wages, such compensation does not provide for same. HOLD HARMLESS AGREEMENT: I agree to hold the City of Winter Springs harmless for any such injuries and agree not to pursue legal proceedings against the City for any reason associated with voluntary service except through the Workers’ Compensation Act. __________________________________________ ____________________________ Signature of Volunteer Date __________________________________________ Print Name of Volunteer 55 RESOLUTION NUMBER 2022-27 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE CREATION OF A VOLUNTARY CITY CHAPLAIN POSITION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs is granted the authority,under§ 2(b),Art. VI11 of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,it is the intent of the City Commission of the City of Winter Springs,Florida, to create an unpaid, voluntary City Chaplain position within the City government; and WHEREAS, governments operating within the United States have a longstanding history of appointing and working with chaplains at the federal, state, and local level. For example, chaplains are employed federally in the Veterans Administration, Department of Justice, and the Department of Defense. The First Congress of the United States utilized the services of a chaplain, and presently both the United States Senate and the United States House of Representatives have official chaplains. The State of Florida House of Representatives also utilizes the services of a chaplain. Local governments have historically used chaplains as well and continue to do so to the present day. Often local governments appoint chaplains to serve within police departments, fire departments, schools, and/or hospitals; and WHEREAS, a chaplain may serve many functions which would be beneficial to the City, including: providing counseling and support to City employees; acting as a liaison between the City government and local faith groups;providing invocations before or benedictions after official City meetings or events; coordinating with local faith groups to schedule guest chaplains to provide invocations before City meetings;providing spiritual counseling to City personnel as requested by said personnel; and providing moral support to the City at large during times of crisis; and WHEREAS, in Town of Greece, N.Y. v. Galloway, 572 U.S. 565 (2014), the Supreme Court of the United States held that prayer conducted by a chaplain to open town board meetings does not violate the Establishment Clause of the First Amendment of the United States Constitution so long as the government does not dictate what religion the chaplain belongs to or the content of the prayer; and WHEREAS,in Marsh v.Chambers,463 U.S. 783 (1983),the Supreme Court of the United States held that the practice of opening legislative sessions with prayer is a part of the fabric of society deeply rooted in the history and tradition of the nation and therefore does not violate the Establishment Clause; and Resolution Number 2022-27 City of Winter Springs, Florida Page 1 of 4 56 WHEREAS, in Kennedy v. Bremerton School District, 142 S.Ct. 2407 (2022), the Supreme Court of the United States held that the Establishment Clause must be interpreted by reference to historical practices and understandings, and that the line that governments must draw between permissible and impermissible activities under the Establishment Clause must accord with history and must reflect the understanding of the founders; and WHEREAS, in Williamson v. Brevard County, 928 F.3d 1296 (llth Cir. 2019), the Eleventh Circuit Court of Appeals found that a local government violates the Establishment Clause when it chooses chaplains in a manner which categorically excludes members of certain religions, or which otherwise engages in discrimination by expressing a preference for chaplains of one religious denomination over another. The Eleventh Circuit further reasoned that chaplains must be chosen based upon neutral, secular, criteria to comply with the Establishment Clause; and WHEREAS, in Atheists of Florida, Inc. v. City of Lakeland,Fla., 713 F.3d 577 (1 lth Cir. 2013), the Eleventh Circuit found that a City's selection process for invocation speakers does not violate the Establishment Clause if the selection process does not advance or disparage any particular faith. The Eleventh Circuit further found that the No-Aid Clause of the Florida Constitution, FL CONST. Art. 1 § 3, is not violated where invocation-givers and chaplains are unpaid volunteers and where no religious group receives a pecuniary benefit; and WHEREAS, the City Commission is relying upon the aforementioned legal authority for the purposes of adopting this Resolution; and WHEREAS,the City Commission recognizes that the City Chaplain position must not be used to advance or disparage any particular religion. The City Commission further does not intend for the Chaplain position to create an excessive entanglement of church and state; and WHEREAS, the City Commission recognizes that the City Chaplain position shall be unpaid and voluntary, and that no religious group shall receive a pecuniary benefit in association with the Chaplain position, and that the City will comport with the requirements of FL CoNST. Art. 1 § 3, which provides that "[T]here shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution;" and WHEREAS, the City Commission recognizes that City Chaplain positions shall be open to persons of all faiths and that the Chaplain shall be chosen via a set of secular selection criteria; and WHEREAS, the City Commission recognizes that the appointment of chaplains whose duty is to serve a governmental entity and to provide support to Government officers, agents, and employees, has a longstanding history and tradition in the United States; and Resolution Number 2022-27 City of Winter Springs, Florida Page 2 of 4 57 WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs; and NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Intent and Purpose. This Resolution is intended to have a secular, non-religious purpose. The intent and purpose of this Resolution is to recognize that there are many functions a City Chaplain may perform which would be a great benefit to both the City at large and to City personnel in an individual capacity. The primary effect of this Resolution is neither to advance nor disparage any particular religion or religious denomination. This Resolution is not intended to promote or support an unconstitutional entanglement of church and state. Section 2. Creation of a City Chaplain position. The City Commission hereby determines that the creation of a voluntary City Chaplain position is consistent with the applicable State and Federal laws, and in accordance with the Policies and Procedures set forth in EXHIBIT A," which is attached hereto and fully incorporated herein by this reference. Accordingly,upon approval by the City Commission,the position of City Chaplain shall be created. A City Chaplain shall be chosen by the City Commission using a secular set of appointment criteria. The City may appoint multiple Chaplains to serve at one time. Chaplains shall serve for terms of one year,subject to re-appointment by the Commission. Section 3. Duties of the Chaplain. The general duty of the City Chaplain shall be to serve the City of Winter Springs during times of need or crisis in accordance with the job task outlined in EXHIBIT "B," which is attached hereto and fully incorporated herein by this reference. Without limiting the foregoing, it is the intent of this Resolution that the City Chaplain be readily available to counsel City personnel, as well their families, and other individuals in the community who may be in need of the Chaplain's services. The Chaplain shall be responsible for providing on-call guidance,counseling, consultation,and other forms of human crisis intervention to those in need. The Chaplain may provide spiritual counseling only to those who specifically request spiritual counseling.The City Chaplain must express themselves with tolerance and respect for people of all religions. The City Chaplain shall not discriminate against individuals on the basis of race, gender, sex,national origin, ability, or religion. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Police Department Chaplain Program. Nothing herein is intended to repeal or modify the City Chaplain Program established by the Winter Springs Police Department. The City Chaplain program established by this Resolution is of more general scope than the one established by the Police Department for police department purposes and shall provide additional chaplain services in addition to and supplemental to the police department's chaplain program. Resolution Number 2022-27 City of Winter Springs, Florida Page 3 of 4 58 Section 6. 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 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs,Florida,and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 101h day of October, 2022. KEVIN McCANN,Mayor ATTEST: st.tlL i -, 140 n CH STIAN GOWAN City Clerk 3 •`yt7?N1 ,`o, APPROVED AS TO LEGAL FORM AND SUFFICIENCY THaONYA. OF WINTER SPRINGS ONLY. GARGANESE City Attorney Resolution Number 2022-27 City of Winter Springs,Florida Page 4 of 4 59 EXHIBIT"A" RESOLUTION NO.2022-27 CITY CHAPLAIN PROGRAM POLICIES AND PROCEDURES CITY OF WINTER SPRINGS CITY COMMISSION TITLE: REF.No: CITY CHAPLAIN PROGRAM Effective: 10/10/2022 Revised: STANDARDS OF PERFORMANCE PURPOSE: This directive is to establish guidelines for the operation and management of the City of Winter Springs City Chaplain Program. DISCUSSION:The City Chaplain Program is an unpaid,volunteer position occupied by one or more local clergy members who desire to serve the City during times of distress. The program is intended to provide citywide coverage,with the services of a Chaplain being made available to the employees of the City of Winter Springs on an as-needed basis. POLICY: It is the policy goal of the City of Winter Springs to make readily available counseling services to City personnel,their families, and other members of the community in need of such services, either when needed or upon request.To accomplish this policy objective, the City will maintain a Chaplain Program responsible for providing on-call counseling, consultation, and other forms of human crisis intervention to those in need. The Chaplain may also provide spiritual guidance to those who request such guidance. The goal of the City Chaplain Program is to provide a trusted individual in whom City personnel as well as citizens of the community may confide and from whom City personnel may seek assistance in dealing with personal hardships. In addition,the Program strives to establish and maintain an attitude of cooperation between the City and the local community. CHAPLAIN SELECTION CRITERIA: A. To qualify as a City Chaplain,one must meet the following criteria: 1. Be a resident of the State of Florida. 2. Maintain high moral and ethical standards. 3. Possess a caring and understanding attitude towards all people regardless of race, national origin, sex,gender, ability,or religion. City Chaplain Policies and Procedures City of Winter Springs Page 1 of 4 60 4. Be willing and able to respond to situations where the presence of a City Chaplain is required. 5. Have the approval of the City Commission of the City of Winter Springs. 6. Consent to signing the City of Winter Springs Hold Harmless Agreement. DUTIES AND RESPONSIBILITIES: A. Assist the City of Winter Springs during times of distress. B. Visit infirm City employees. C. Demonstrate appropriate communication skills in formal settings such as official City meetings, as well as in informal settings. D. Act as a liaison between the City of Winter Springs and the religious groups of all denominations located within the City and the surrounding areas. E. Provide counseling and moral support for City employees, as requested. F. Attend official City meetings and social events,providing invocations and benedictions,as requested. G. Provide spiritual aid and counseling for City employees,as requested. H. Coordinate with local faith groups to schedule guest Chaplains to provide invocations before City meetings. I. Attend City training sessions on a regular basis. J. Engage in ongoing training to enhance the Chaplain's efficiency in meeting with and assisting people in crisis. K. Periodically attend briefing sessions to familiarize themselves with the operations of the City. L. Remain open and flexible to new concepts and/or additional duties as deemed necessary by the City Commission. City Chaplain Policies and Procedures City of Winter Springs Page 2 of 4 61 ADDITIONAL INFORMATION: A. City Chaplains serve on a voluntary basis and at the will of the City Commission.Their services may be terminated at any time by the City Commission for any reason whatsoever if it is felt that their involvement in the program is not in the best interest of the City of Winter Springs. B. The City may appoint multiple Chaplains to serve at one time. Chaplains shall serve for terms of one year, subject to re-appointment by the Commission. C. Any information received by the Chaplain while in the performance of their official duties is to remain in the strictest confidence as allowed by law. D. Chaplains do not act as an extension of their denomination or faith group. A Chaplain position may not under any circumstances be used as an opportunity to preach,proselytize,or otherwise advance any particular religion or belief. E. The Chaplain may only provide religious counseling if requested by the counselee.If the counselee does not request spiritual counseling,only secular counseling and support may be offered. F. A Chaplain should be willing to become involved in training programs that enhance one's efficiency in meeting and dealing with people in crisis. G. A Chaplain should be familiar with community medical,psychiatric, and other aid resources in the local area. H. The Chaplain's responsibility is to assist all City employees and their families,upon request,in matters within the chaplain's professional realm. The chaplain shall not interfere with a City employee, agent, or official, in the performance of that employee's duty. I. The Chaplain shall not lend their presence to any political or social movement in a manner that may suggest the City's endorsement of such a movement. Any such endorsement or advocacy must be undertaken only as a civilian member of the clergy. Political and social movements are City Chaplain Policies and Procedures City of Winter Springs Page 3 of 4 62 clearly distinguishable from civic office. The Chaplain's role as a public servant must be distinct from their role as a clergy-member. ADMINISTRATION OF THE CHAPLAIN PROGRAM: A. The City Chaplain Program is administered by the City Commission of the City of Winter Springs. B. The City Clerk on behalf of the City Commission shall publish and maintain a current list of approved City Chaplains. Contact information for the City Chaplains is available through the City's contact directory. C. All employees,officers, and agents of the City of Winter Springs are authorized to make direct contact with the City Chaplain for personal reasons. RELEASING INFORMATION: A. Members of the City Chaplain Program may not,without prior approval of the City Commission or City Manager,discuss with the media or other unauthorized persons official City business in which they may have become involved or have personal knowledge. Approved by the City Commission by Resolution No.2022-27 on this lot'' day of October, 2022 City Chaplain Policies and Procedures City of Winter Springs Page 4 of 4 63 EXMBIT `B" RESOLUTION NO. 2022-27 City of Winter Springs Job Task Analysis Position: Department: Pay: Chaplain Citywide Unpaid/Volunteer General Description: The general duty of the City Chaplain is to serve the City of Winter Springs during rimes of need or crisis.They are to be readily available to counsel City employees,their families,and other individuals in the community in need of support.A Chaplain is responsible for providing on-call guidance, counseling, consultation, and other forms of human crisis intervention to those in need.Chaplains must express themselves with respect for people of all religions. Job Task:Importance Frequency 1. Assist the City of Winter Springs during times of distress. 1 2 3 4 1 2 3 4 2. Visit infirm City employees or members of the community. 1 2 3 4 1 2 3 4 3. Demonstrate appropriate communication skills in formal settings such as official City 1 2 3 4 1 2 3 4 meetings,as well as in informal settings. 4. Act as a liaison between the City of Winter Springs and religious groups of all 1 2 3 4 1 2 3 4 denominations located within the City and the surrounding areas. 5. Provide counseling for City employees and members of the community,as requested. 1 2 3 4 1 2 3 4 6. Attend official City meetings and social events,providing invocations and benedictions,as requested. 1 2 3 4 1 2 3 4 7. Provide spiritual aid and counseling for City employees and members of the 1 2 3 4 1 2 3 4 community,as requested. 8. Coordinate with local faith groups to schedule guest chaplains to provide invocations 1 2 3 4 1 2 3 4 before City meetings. 1234 1234 9. Attend City training sessions. 1234 1234 10. Engage in ongoing training to enhance the Chaplain's efficiency in meeting with and assisting people in crisis. 1234 1234 11. Periodically attend briefing sessions to familiarize themselves with the operations of the City. These essential job functions are not to be construed as a complete statement or all duties performed.The Chaplain will be required to perform other job-related marginal duties as required. City Chaplain Job Task Analysis City of Winter Springs Page 1 of 2 64 Required Qualifications: English language fluency. Fluency in Spanish and other languages is helpful. Knowledge of general, nonreligious counseling and/or crisis intervention. Familiarity with services available in the community to assist persons in crisis, such as local medical and psychiatric resources, as well as other community aid resources. Knowledge regarding spiritual guidance and religious counseling. Demonstrated commitment to showing respect to all persons regardless of race, sex, gender, national origin, ability, or religion. Demonstrated dedication to ethics and professionalism. Basic knowledge of the function of the local government of the City of Winter Springs and the Winter Springs City Commission, or willingness to learn about the function of the City government. Environmental Conditions: Work may be inside in an office environment or outside in the field, as needs dictate. May during the day or at night, as needs dictate. Education and Experience: High school graduate or recipient of an acceptable equivalent diploma. Education and/or specialized training in providing secular counseling services. Experience and/or specialized training in theological counseling. A comparable amount of training, education or experience can be substituted for a minimum qualification). Licenses and Certifications: Theological Training Certificate. Certificates in at least one form of non-religious counseling. Approved by the City Commission by Resolution No. 2022-27 on this 10th day of October, 2022 City Chaplain Job Task Analysis City of Winter Springs Page 2 of 2 65