HomeMy WebLinkAbout3362 ORDINANCE NO. 33&,2
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3324, TO DELETE SECTION 8.1 OF THE CITY'S
PERSONNEL RULES AND REGULATIONS AND ADOPTING AN
AMENDED SECTION 8.1; PROVIDING FOR SEVERABILITY, CONFLICTS,
AND EFFECTIVE DATE.
WHEREAS, it is the desire of the City Commission of the City of Sanford, Florida,
to delete Section 8.1 of the existing Personnel Rules and Regulations and to adopt an
amended section.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: The City Commission adopts statements above as if fully set forth
herein.
SECTION 2: That Section 8.1 of the Personnel Rules and Regulations adopted
by Ordinance No. 3324, and amendments thereto, is hereby rescinded.
SECTION 3: That Section 8.1 of the Personnel Rules and Regulations which is
attached hereto as Exhibit "A" is incorporated herein by reference are hereby adopted.
SECTION 4: If any section or portion of a section of this Ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect
of any other section or part of this Ordinance,
SECTION 5: That all ordinances or parts of ordinances in conflict herewith be and
the same are hereby revoked.
SECTION 6: That this ordinance shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED this 22nd Day of September, A.D. 1997.
AS THE CITY COMMISSION OF THE
CITY OF SANFORD, FLORIDA
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
SECTION 8.0
PERSONNEL ACTIONS
8.1 GENERAL
During the normal course of employment a number of personnel-related actions are
likely to occur. AI__I such actions shall be reported via the completion of the City of
Sanford's "Change in Status" form. N__o change in an employee's status shall be
considered officially "approved" without the final approval of the City Manager or
appropriate designee. Personnel actions which are tied to pay are addressed and
discussed in the Classification & Pay Plan Administrative Guidelines.
(A) TRANSFER
(1) A transfer is an action whereby an employee is moved laterally from a
position in one Department or Division to a position in another
Department or Division within the same classification and pay grade.
(2) A voluntary transfer may be initiated by any employee by simply applying
for such consideration via formal application in response to a specific
position vacancy. Such transfer requests are not to be interpreted as
implying any obligation on the part of the gaining hiring authority.
(3) An involuntary transfer may occur when unusual or emergency
circumstances exist that warrant such consideration. Situations
involving actions such as this must be discussed with the Personnel
Director and must subsequently be approved by the City Manager prior
to becoming effective.
Involuntary transfers may be of a temporary or permanent nature.
Regardless, all work orders and procedures applicable to the new
assignment become applicable to the employee being transferred.
(4) Transferred employees shall retain their existing "Date of Classification".
(5) Whenever a transfer action occurs, the losing Department/Division shall
initiate a performance evaluation form on the transferring employee. The
evaluation's purpose is to provide the gaining Department/Division with
performance information which may be helpful in accomplishing that
employee's next formal performance review.
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
(6) N__go transfer action shall be initiated which is intended to constitute a
disciplinary action.
(B) RESIGNATION
A resignation is a voluntary action initiated by an employee intended to
terminate the employer-employee relationship between said employee and the
City of Sanford.
Resignations shall normally be submitted in writing providing for an effective
date. The oriainal request shall be forwarded to the Personnel Director along
with the appropriate "Change in Status" form and a "terminal pay computation"
prior to the effective date of the resignation.
It is the Department's responsibility to ensure that all City property is returned
to the City as appropriate.
Employees who wish to resign should take care to provide proper notice. Proper
notice is considered to be ten (10) working days prior to the final work day.
Notices of less than ten (10) working days will adversely affect monies due for
accrued sick leave and accrued vacation leave. (See "Benefits" Section).
(C) JOB ABANDONMENT
Absence from work for the equivalent one (1) work week without proper notice
or approval by the Department shall be considered as job abandonment and the
employee shall be subject to immediate dismissal.
Actions of this nature shall be reported via the "Change in Status" form under
the categories "Other Job Abandonment" and "Dismissal".
(D) RETIREMENT
An employee will be considered as retirement eligible upon meeting one of the
following criteria:
(1) GENERAL EMPLOYEES: (Hired prior to January 1, 1996)
(a) Completed ten (10) years of service with the City and attained
the age of 62 or older; or
(b) Meet the existing provisions of the Florida Retirement System and
completed ten (10) years of service with the City.
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
(2) PUBLIC SAFETY EMPLOYEES:
(a) Sworn police personnel must have met the criteria outlined in
Chapter 185 F.S. and City Ordinance No. 1688.
(1) Normal retirement provisions currently include completion
of twenty-five (25) years of service with the City or
attainment of age 55 with ten (10) years of service with
the City; or
(2) Early retirement provisions currently include completion of
ten (10) years of service with the City and attainment of
age 45.
(b) Certified fire personnel must have met the criteria outlined in
Chapter 175 F.S. and City Ordinance No. 1689.
(1 } Normal retirement provisions currently include completion
of twenty-five (25) years of service with the city or
attainment of age 60 with ten (10) years of service with
the City; or
(2) Early retirement provisions currently include completion of
ten (10) years of service with the City and attainment of
age 45.
(3) General employees and elected officials hired on or after January 1,
1996 must meet the criteria for retirement as outlined in City Ordinance
No. 3279 and its amendments.
(a) Normal retirement provisions currently include completion of ten
(10) years of service and the attainment of age 62 or the
completion of thirty (30) years of service regardless of age; or
(b) Early retirement provisions currently include that the early
retirement date shall be the first day of the month coincident with
or next following the completion of ten (10) years service
regardless of age.
(Note - the aforementioned criteria is also applicable to general
employees hired by the Sanford Airport Authority (Dependent
Special District) on or after January 1, 1996).
(4) Certified firefighters hired by the Sanford Airport Authority (Dependent
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
Special District) on or after January 1, 1996 must meet the criteria for
retirement as outlined in City Ordinance No. 3279 and its amendments.
(a) Normal retirement provisions currently include completion of ten
(10) years of service and the attainment of age 55 or the
completion of twenty-five years of service regardless of age; or
(b) Early retirement provisions currently include that the early
retirement date shall be the first day of the month concident with
or next following the completion of ten (10) years of service
regardless of age.
(E) DISMISSAL
Generally, a dismissal is an action initiated by the employer intended to
terminate the employer-employee relationship between the City of Sanford and
a specific employee.
(1) A dismissal action initiated by the Department within the first six (6)
months of employment may be accomplished with or without cause with
a minimum of one (1) day notice.
(2) A dismissal action initiated by the Department after the completion of six
|6) months of employment must be accomplished only for reasons
associated with specific cause.
* Please refer to the "Benefits Section and Disciplinary Section" for
related information.
(F) LEAVES OF ABSENCE
From time to time situations may arise that warrant consideration of placing an
employee on a "Leave of Absence". Generally, actions of this nature are rare
and must involve unusual or extenuating circumstances. Leaves of Absence
may be accomplished with or without pay depending on the situation.
(1) Without Pay - Consideration for Leaves of Absence without pay is
contingent upon reason, exhaustion of all other accrued leave as
appropriate, and ultimate approval of the City Manager via the approval
process as specified on the "Change in Status" form.
Under no circumstances will a Leave of Absence without pay be granted
which exceeds ninety (90) calendar days without extreme circumstances
being involved or unless the situation meets the criteria for extended
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
Leave of Absence without pay as prescribed by Federal, State, or Local
Law.
* See Section 11.1 (I) for related information.
(2) FAMILY/MEDICAL LEAVE (FML)
(a} Effective August 5, 1993, eliqible employees shall be able to
request uo to twelve (12) weeks, job-protected leave per year for
the following purposes:
1. Birth and care of the employee's child. (Includes prenatal
medical care necessity).
2. Placement of a child with the employee for adoption or
foster care. (Includes pre-placement necessity).
3. Employee's need to care for a child, spouse, or parent
who has a serious health condition.
4. Employee is unable to perform the functions of his/her
position because of a serious health condition.
(Note - Adoption/Foster Care does not include voluntary care or
informal placement situations between individuals.)
(b) For the purpose of this policy, the following definitions shall be
applicable for consideration of approval for all requests for leave
of this nature.
(1) Serious Health Condition - Illness, injury, impairment or
physical/mental condition that involves inpatient care in a
hospital, hospice, or residential medical care facility or,
continuing medical treatment by a health care provider.
In cases whereby the "serious health condition" involves
the employee, such condition must render the employee
unable to perform the functions of his/her position.
(2) Parent - The biological parent of the employee or someone
who functioned as a parent to the employee when the
employee was a child. This includes in Ioco Darentis
situations regardless of whether or not there was an
actual "legal" relationship that existed.
(3) Child - Biological, adopted, or foster child, a step-child, a
legal ward, or a child of the employee standing in Ioco
CITY OF SANFORD I
PERSONNEL RULES AND REGULATIONS
parentis who is under 18 years of age or 18 years of age
or older and who is incaoable of self-care because of a
mental or physical disability.
(4) Eligible Employees - Employees who have been employed
by the City of Sanford for at least 12 months at the time
this leave is requested and have worked at least 1,250
hours during the 12 month period preceding the reouested
leave.
(c) Duration of Leave
(1) The maximum duration of leave entitlement associated
with this policy is the equivalent of twelve (12) normal
work weeks in any twelve (12) month period. Such leave
need not be taken in a consecutive 12 week period. Such
determinations shall be based upon the specific medical
condition applicable.
(2) Requests for FML which involve serious health conditions
requiring intermittent leave or a reduced work schedule
may result in the affected employee being temporarily
transferred.
Such transfer shall be permitted at the discretion of the
affected Department Head as long as such transfer is to
a position with equivalent pay and benefits.
(3) In cases whereby this type of leave involves the birth,
adoption, or placement of an empioyee's child, such leave
shall not be granted unless taken within one (1) year of
said birth, adoption, or placement.
(Note - This restriction is not applicable to "serious health
conditions" situations).
(d) Exhaustion of Accrued Leave
Employees requesting leave in accordance with this policy will be
required to exhaust al._Jl accrued leave in conjunction with such
requests as follows:
(1) Serious Health Conditions - Employees will be required to
exhaust all accrued personal leave and vacation leave (in
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
that order) before being placed on a leave without pay
status. (This assumes that the serious health condition
does not involve the employee directly).
(2) Birth or Placement - (Which do not involve serious health
conditions) - Employees will be required to exhaust all
accrued personal leave and vacation leave (in that order)
before being placed on a leave without pay status.
(3) Employees may not use accrued sick leave for these types
of situations except as applicable to the employee's own
medical situation.
(4) Employees shall not be required to use accrued
compensatory time in situations as described in Section D
(1)(2) outlined above.
(5) As specified in Section (c), the maximum duration of leave
entitlement under this policy is the equivalent of twelve
(12) normal work weeks in any twelve (12) mont period.
This maximum duration shall consist of the total of all
accrued leave used as specified above in addition to the
time used while on leave without pay status in connection
with this type of request.
(e) Required Notice
In situations whereby leave is requested in accordance with this
policy, employees will be required to provide thirty (30) days
notice to their Department Head prior to the date the leave is to
begin. This notice requirement assumes the need for FML is
foreseeable.
If the need for such leave is unforeseeable, notice to the
Department Head must be given as soon as practicable, ordinarily
within two (2) working days.
(f) Sufficient Certification
(1) In situations whereby leave is requested under the
auspices of this policy which involves "serious health
conditions", it is the employee's responsibility to provide
sufficient medical certification to the City within fifteen
(15) calendar days from the date the leave is requested,
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
which specifically address all of the following elements:
(a) The date on which the serious health condition
commenced.
(b) The probable duration of the condition.
(c) The appropriate medical facts regarding the
condition.
(d) If applicable, the estimated amount of time that
the employee is needed to provide care for the
affected child, spouse, or parent.
(e) If applicable, a statement that the employee is
unable to perform the functions of the position the
employee holds.
(f) If non-consecutive (intermittent) leave is
applicable, a statement of the dates and/or times
when such treatment is expected to be given and
the duration of such treatment.
Such certification will be considered "confidential" in
nature. Said certification shall be forwarded to the
Personnel Director immediately after the Department has
taken the appropriate action regarding the employee's
request.
Such certification is to be provided via completion of the
Wage & Hour Form (WH-380). These forms are available
in each Department or from the Personnel Office.
All costs associated with providing the aforementioned
certification to the City shall be borne entirely by the
employee requesting this type of leave.
(2) In cases whereby the City has reason to doubt the validity
of the aforementioned certification, the City shall, at its
discretion, reserve the right to pursue and obtain a second
opinion. Such second opinion shall be pursued, at City
expense, through an appropriately licensed physician of its
choice.
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
(Note - The City Physician shall not be used for this
purpose.)
If such second opinion differs from the initial opinion, the
City may, at its discretion and expense, require a third
opinion. This third opinion will be pursued through an
appropriately licensed physician jointly approved by both
the City and the employee involved. The result of this
third opinion shall be considered bindinq and final in terms
of its conclusion on both the employee and the City.
(3) The City reserves the right to require that the employee
obtain subsequent recertification on a reasonable basis.
(4) In situations whereby the serious health condition involves
the emolovee personally, it is the employee's responsibility
to provide adequate medical certification as to "fitness" at
the time the employee returns to work status.
(5) Certification for situations which do not involve serious
health conditions (i.e., birth or adoption, or placement) will
require appropriate documentation of same. Such
certifications may include, but not be limited to, providing
a copy of birth records, adoption records, etc., as
appropriate.
(g) In cases whereby both spouses are employed by the City, leave
taken in conjunction with this policy which involves birth,
placement (adoption), or foster care, shall be limited to an
ac~qrecjate total which equates to a total of twelve (12) normal
work weeks during any twelve (12) month period.
(h) Health Insurance Benefits
During the period of FML associated with this policy, the City
shall maintain the employee's City paid health insurance
premiums and benefits just as if no such leave had taken place.
This applies regardless of whether or not such leave is on a paid
or unpaid basis and such maintenance shall be applicable uo to
the twelve (12) normal work week maximum duration as
specified in this policy.
In the event that an employee fails to return to work after the
approved period of eligible leave has expired, the City may seek
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
to recover any and all premiums paid by the City for maintaining
the employee's City-paid health insurance premiums and benefits
while the employee was in an unoaid status. Such recovery will
not be sought in situations whereby the employee's failure to
return to work was as a result of the continuance, recurrence, or
onset of a serious health condition or other circumstances beyond
the employee's control.
(i) Other Benefits
(1) Life Insurance - The City shall maintain the employee's
city paid life insurance premiums and benefits in the same
manner as outlined in Section (H) above.
However, it shall be the employee's responsibility to make
payments to the City as appropriate for all
optional/supplemental life insurance premiums not
considered to be City paid.
(2) Other Insurance - The employee is responsible for the
payment of all other insurance premiums (i.e. dependent
health insurance, dental insurance, etc.} not considered to
be City paid.
(3) Employees must make arrangements with the Benefits
Office orior to taking leave associated with this policy in
order to ensure uninterrupted benefit coverage of non-City
paid benefits. All applicable premium payments (non-City
paid) shall be due within thirty (30) calendar days from the
first working day of the month which necessitates such
payment. Failure to do so will jeopardize continued
coverage.
(4) Retirement/Pension - Leave taken in relation to this
provisions of this section shall not constitute a breech of
service for retirement or pension purposes.
However, it is the employee's responsibility to make any
contributions to said retirement or pension plan as they
would normally be responsible for making had no such
leave been taken.
(Note - Employees shall not be entitled to the continuation
of accrual of other benefits such as sick leave, vacation
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
leave, etc. for any month in which they are totally on
leave without pay status)
(j) Restoration to Position
Upon return to work after the approved period of leave has
expired, an employee shall be entitled to restoration to:
(1) The position of employment held by the employee when
the leave commenced; or
(2) An equivalent position with equivalent benefits, pay, and
other terms and conditions of employment.
(3) Restoration does not imply "favored status". (i.e., more
rights, benefits, or employment beyond which the
employee was previously entitled.)
(k) Payroll Reporting
All leave taken by employees as a result of the provisions of this
policy shall be annotated as appropriate on the applicable payroll
reporting sheets. Department Heads are responsible for ensuring
that such documentation is accomplished.
In addition, Department Heads are responsible for the timely
submission of the "Change In Status" form should such leave
result in leave without pay status.
(G) SUSPENSIONS
Generally a suspension is an action resulting from a disciplinary action initiated
by the Department against a specific employee for a specific cause.
Suspensions are considered to be a severe form of disciplinary action and may
be accomplished with or without pay depending on the situation.
* Please refer to the "Benefits" Section and "Disciplinary" Section for related
information.
The remainder of this page intentionally left blank.