3324 Personnel Rules ORDINANCE NO. 3324
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
RESCINDING ORDINANCE NO. 3173 WHICH ADOPTED THE
CITY'S PERSONNEL RULES AND REGULATIONS, AND
AMENDMENTS THERETO, AND ADOPTING NEW PERSONNEL
RULES AND REGULATIONS; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
WHEREAS, it is the desire of the City Commission of the City of Sanford, Florida, to adopt
new, revised Personnel Rules and Regulations in accordance with provisions of law;
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD,
FLORIDA:
SECTION 1: The City Commission adopts the statements above as if fully set forth herein.
SECTION 2: That the Personnel Rules and Regulations adopted by Ordinance No. 3173, and
amendments thereto, are hereby rescinded.
SECTION 3: That the Personnel Rules and Regulations which are attached hereto as Exhibit "A"
and 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 shah not be held to impair the validity, force or affect 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: This ordinance shall become effective immediately upon its passage and adoption.
ATTEST:
City of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certi~ that a true
door of the City Hall in the City of Sanford, Florida, on the;C~ay of January, 1997.
of Sanford, Florida
CITY OF SANFORD .
PERSONNEL RULES & REGULATIONS
SECTION 1.0
SCOPE OF AUTHORITY & RESPONSIBILITY
1.1 GENERAL AUTHORITY
In accordance with Section 5.02 of the City of Sanford Charter there shall be a
Personnel System which shall provide for an equitable and effective system of
operating procedures designed to ensure uniform, fair, and effective personnel
administration.
1.2 RESPONSIBILITY
The Personnel Director is responsible to the City Manager for the general administration
of the City's Personnel System.
The Personnel Director shall prepare rules, regulations, and general operating
procedures which are consistent with and in compliance with State, Federal, and Local
Laws and which generally provide for those elements associated with sound personnel
administration.
Such rules, regulations, and procedures shall provide for but not be limited to:
(A) A Classification & Pay Plan which encompasses and addresses all positions as
authorized by the City Commission.
(B) Methods for determining the fitness and merit of candidates for appointment,
promotion, and retention.
(C) The policies and procedures regulating reduction in force and disciplinary
actions.
(D) The rules, regulations, and provisions regarding sick leave, vacation leave, and
other types of absences.
(El The policies and procedures relating to provisional and temporary employees.
(F) The policies and procedures governing relationships with employee
organizations.
(G) Coordination of in-service training programs.
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(H) The policies and procedures regarding employee grievances and disciplinary
hearings.
(I) Other procedures, practices, and interpretations of policy necessary
to the administration of the City's Personnel System.
(J) Coordination of the City's EEO/AA, Worker's Compensation, and Safety
programs.
(K) Establishment and maintenance of a centralized personnel records system for
all City employees.
1.3 PERSONNEL RECORDS
(A) It is the responsibility of each employee to notify his/her Supervisor whenever
any changes are to be made to his/her personnel record file. Those changes
include but are not limited to change of name, address, phone number,
beneficiary, training or course work completed, and for providing copies of all
related diplomas, certificates, etc.
(B) Departments are responsible for ensuring that all such information as described
above is forwarded to the Personnel Director for personnel file inclusion. This
is routinely accomplished via a "Change of Status" form. However, in some
cases (i.e. change of beneficiary) it may be necessary for the employee to
contact the Benefits Office to accomplish changes of this nature.
(C) Pursuant to the provisions of the Florida Public Records Act, the personnel
records are considered to be open for a personal inspection by any person
provided that such inspection is conducted in the physical presence of the
custodian or designee during regular operating hours.
The Custodian for the City's personnel records is the Personnel Director. in
addition, the Personnel Technician has been designated as the alternate
custodian.
(D) Under no circumstances will any personnel records be removed from the storage
area without the expressed authorization of the custodian or alternate custodian.
Under no circumstances will any personnel file documents be removed from the
record nor will any document be altered in any manner.
(E) Certain aspects of the personnel files are exempt from public inspection such as
identified in F.S. 119.
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(F) Certain other personnel-related records and documents of a medical nature such
as employment-related medical records, worker's compensation medical
information, and employee medical insurance records may not be open for
inspection pursuant to the Florida Public Records Act.
1.4 APPLICABILITY
These personnel rules and regulations are applicable to all employees of the City of
Sanford excent for positions considered to be elected officials, commissioners, board
members, individuals retained or employed by the City in a contractual or vendor
arrangement, or, those employees who are covered by an existing or future collective
bargaining agreement to the extent that provisions of such agreements supercede these
rules and regulations.
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SECTION 2.0
POSITION VACANCIES
2.1 VACANCIES IN THE CLASSIFIED SERVICE
(A) Position vacancies in the classified service are those position vacancies which
are embraced under the City of Sanford Civil Service System. They are normally
positions considered to be regular established positions as specified in the
"authorized positions" of the City's "Classification and Pay Plan".
They did not include temporary positions, non-regular part-time positions,
positions associated with elected officials, commissioners, or board members,
the City Attorney retained or employed by the City, the City Physician, and the
City Manager. They do not include positions associated with contractual
agreements or vendor agreements.
(B) Philosophically, it is the desire of the City of Sanford to fill position vacancies
in the classified service whenever possible with qualified City employees.
In this regard, and in accordance with Section 2-335 of the Civil Service
Ordinance No. 3058 vacancies in the classified service shall be filled as follows:
(1) Entry Level - In the event of a vacancy in the classified service in any
department of the Civil Service System, such vacancy shall, if at entry
level, be filled by voluntary transfer of a qualified civil service employee
from within the Civil Service System or qualified applicant from the
general public.
(2) Vacancies occurring at other than entry level in any department shall be
filled by promotion of qualified employees from the next lower grade or
class within the department, by voluntary transfer of a qualified civil
service employee from within the Civil Service System, or by qualifie~l
applicants from the general public. (Ord. No. 3058, ~i2, 3-25-91)
2.2 VACANCIES IN THE UNCLASSIFIED SERVICE
Position vacancies in the unclassified service are generally those vacancies associated
with temporary positions, non-regular part-time positions, positions associated with
elected officials, commissioners, or board members, the City Attorney retained or
employed by the City, the City Physician, and the City Manager. They also include
positions associated with contractual agreements and vendor agreements.
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Vacancies such as these shall be filled in accordance with existing Federal, State, or
Local laws as applicable.
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SECTION 3.0
APPLICATIONS, CERTIFICATION, RECRUITMENT, AND SELECTION
3.1 APPLICATIONS
(A) In order to be considered as a valid applicant for a position vacancy each
applicant shall submit a written application on the standard city employment
application form. The application must be submitted within the time limit noted
on the "Employment/Promotional Vacancy Announcement".
Persons with disabilities shall be reasonably accommodated provided notification
for said accommodation is made within the time limit described above.
In rare instances whereby time constraints or geographic considerations warrant,
resumes or facsimile copies of City employment applications may be accepted
temporarily, if submitted in a timely fashion, until a standard City employment
application form may reasonably be completed and submitted.
Under no circumstances will resumes or facsimiles be used totally in lieu of the
standard City employment application form.
(B) It is the responsibility of the individual applying for a position vacancy to ensure
that all information submitted is correct. It is also the responsibility of said
individual to ensure that all documentation needed to establish the attainment
of essential minimum qualifications is provided along with the standard City
employment application form.
(C) All information requested on the standard City employment application must be
completed. Notations such as "see attached resume" will not be sufficient or
accepted as constituting a valid application.
(D) Applications will only be accepted in response to specific position vacancies an~l
must be received by the Civil Service Office no later than 4:30 P.M. of the
closing date of the "Employment/Promotional Vacancy Announcement".
Applications are valid for one positon vacancy announcement only. Applicants
interested in applying for more than one vacancy announcement must complete
a separate City employment application for each position in question.
Applications may not be reactivated for other position vacancy announcements
at a later date.
(E) In rare instances the Civil Service Office will engage in accepting applications
for "hard to fill" positions which are not currently listed as vacant. These
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applications will be placed in an active pool for a period of time to be determined
by the Personnel Director.
All decisions regarding whether or not "pooled" applications will be accepted
will be made by the Personnel Director based on the known job market
availability and prior recruitment efforts.
Under special circumstances vacancy announcements may be combined if the
announcements are for the same position within the same department and
division, and if the announcements are posted within a reasonable timeframe
from one another as determined by the Personnel Director. Under these
circumstances applicants from the first or previous announcement{s) will not be
required to re-apply for subsequent combined announcements. However, no
special notification to these applicants of combining of announcements will be
undertaken.
3.2 CERTIFICATION
(A) All appointments to position vacancies will be made from certified applicants to
be furnished by the Civil Service Board. Such certification determinations shall
be made solely on the basis of assessment of an applicant's work experience,
training, education, etc. as reflected on their employment application.
All such documented information will be considered in relation to the "essential
minimum qualifications" associated with the position in question. All applicants
found to meet the "essential minimum qualifications" will be certified as eligible
for consideration for that position vacancy.
(B) Applications which do not meet the "essential minimum qualifications" for a
particular position vacancy or applications which contain deceptive or fraudulent
information shall be denied eligibility certification.
(C) Occasionally, in rare instances, due to the nature of special job requirements,
it may be necessary to consider applicants who meet most but not all of the
minimum qualifications associated with a specific vacancy. Cases such as this
are normally applicable to degree requirements, special certifications, and/or
specialized experience. if it is felt that consideration of this applicant is in the
best interests of the City of Sanford, and if no other qualified applicants are
available, a provisional eligibility certification may be obtained. This provisional
eligibility certification must be approved by the civil service board prior to
becoming effective.
Provisional eligibility certification is not to be considered as a waiver of
requirement. The civil service board shall determine a reasonable time limit in
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PERSONNEL RULES AND REGULATIONS
which the applicant must attain the lacking element required for routine
certification. Failure to do so will result in dismissal or other adverse action.
Time spent while on "provisional" status shall not count towards the
probationary period associated with civil service rights.
(D) Former employees who have resigned while under char~,~s or have been
dismissed shall be disqualified from future eligibility certification.
Persons in this situation may, upon written request, appeal to the civil service
board for certification. The board will consider previous employment history and
the recommendations of the previous Department Head and Personnel Director.
The Board shall determine whether or not the former employee should be
allowed to be considered for future re-employment with the City. This eligibility
certification should not be construed to imply that the former employee is
certified for any position with the City. The former employee must meet the
essential minimum qualifications for each position for which an application is
submitted. In addition, this eligibility certification is not be be construed as an
offer or promise of future re-employment, Former employees must compete
with other qualified applicants for each position of interest.
(E) Eligibility certifications shall not be deemed final until such time as all medical
certification criteria such as the pre-employment physical, drug screening,
driver's license check, and background check, etc. have been completed.
(F) In cases of vacancies which require special, technical, or professional
requirements, evidence of a satisfactory nature must be submitted in addition
to the application. Examples of such evidence include degrees, certificates, and
other documents to support contentions of education, training, and/or
experience.
3.3 RECRUITMENT
(A} The initial step of the recruitment process is the submission of a "Personnel
Requisition" form.
Once the "Personnel Requisition" form is completed by the Department it is to
be forwarded to the Personnel Director so that an in-house job posting can be
generated accordingly.
(B) The in-house job posting will be circulated to all Departments as notification that
a position vacancy exists. The posting will remain open to City employees for
five (5) working days to recruit qualified employees from the existing City work
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force.
Under special circumstances, and at the specific request of the hiring authority,
simultaneous postings to City employees and the general public may be
permitted for entry-level positions only. Such circumstances must be approved
by the Personnel Director.
(C) If the position vacancy cannot be filled by a qualified employee or if no ~lualified
employees apply, the vacancy will then be posted and advertised as open to the
general public.
(D) All advertising will be coordinated by the Civil Service Office. The content of
all such advertising will be based upon the essential minimum qualifications of
the position involved in addition to specific departmental "preferences" indicated
on the "Personnel Requisition" form. All departmental preference statements are
subject to consistency with all applicable laws and with sound personnel
administration practice.
(E) External advertising for newly created positions will be paid for from the
departmental budget where the vacancy exists. All other external advertising
will be paid for from Civil Service funds.
The source, duration, and extent of all advertising is contingent upon fund
availability and budgetary constraint.
(F) Upon completion of the recruitment process the Department will be contacted
by the Civil Service Office to arrange for the selection of qualified applicants to
be interviewed.
The Civil Service Office will coordinate the scheduling of interviews and forward
the "Interview/Selection Assessment" form to the Department for completion
and return as specified on the form.
3.4 SELECTION
(AI Each Department Head is responsible for appointments made within his/her
respective departments. However, all appointments must be made from
eligibility lists furnished by the Civil Service Board.
(BI Once the Department Head makes an appointment decision the Civil Service
Office is to be notified of same via the "Interview/Selection Assessment" form.
(C) No offers of employment to applicants shall be made until such time as all pre-
employment processing has been accomplished by the Civil Service Office.
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To ensure that no misinterpretations or misunderstandings occur regarding
formal offers of employment, departments are strongly advised not to engage
in this activity. It is in the City's best interests to defer such activity to the Civil
Service Office.
3.5 TESTING
(A) The use of tests (oral or written) in the hiring and/or promotional process shall
not be permitted unless such tests have been generated, administered, and
scored by Personnel/Civil Service.
Upon completion of testing, all associated documents and testing materials,
including but not limited to completed and/or incomplete exams, answer keys,
narrative attachments, etc., shall be submitted to the Civil Service Office for
retention.
(B) Departments that wish utilize testing for any purpose are to coordinate all such
requests through the Personnel Director and no such testing shall be permitted
unless validated by Personnel in writing.
(C) it is the Department Heads responsibility to ensure that all individuals being
considered for hire or promotion are fully apprised of all factors that are to be
considered during the selection process. For example, criteria such as past
performance evaluations, seniority, time in classification or rank, etc., if used,
are to be cleady identified in addition to identifying and quantifying (weight) of
any criteria used in the overall consideration process.
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SECTION 4.0
SPECIAL EMPLOYMENT SITUATIONS
4.1 SPECIAL PREFERENCE
In certain situations special preference will be afforded individuals seeking employment
with the City of Sanford. Examples of such preference include "Veterans Preference"
in accordance with Federal & State Laws and preference related to voluntary or
mandatory EEO/AA goals.
4.2 EMPLOYMENT OF RELATIVES
(A) State Law (F.S. 112.3135) provides for certain restrictions pertaining to
employment of relatives of "public officaials".
(1) A "public official" among other things, includes an employee of the City
in whom is vested or delegated the authority to appoint, employ,
promote, or advance individuals or to recommend individuals for
appointment, employment, promotion, or advancement in connection
with city employment.
(2) A "relative" means an individual who is related to the public official as
father, mother, son, daughter, brother, sister, aunt, uncle, first
cousin, grandson, granddaughter, niece, nephew, 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, half-sister.
(B) A public offical may not appoint, employ, promote, advance, or advocate for
employment promotion, or advancement in or to a position in the city in which
said public official exercises jurisdiction or control of any individual who is a
relative of said public official.
(C) An individual may not be appointed, employed, promoted, or advanced in or to
a position in the city if such appointment, employment promotion, or
advancement has been advocated by a public official serving in or exercising
jurisdiction or control who is a relative of the individual.
(D) The city may prescribe regulations authorizing the temporary employment, in the
event of an emergency as defined in F.S. 252.3412), of individuals whose
employment would be otherwise prohibited by this policy.
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SECTION 5.0
CIVIL SERVICE PROBATIONARY PERIOD
5.1 PROBATIONARY PERIOD ~
(A) When a certified employee is accepted for an established full-time position with
the City of Sanford, it is with the understanding that the first twelve (12)
months of employment will be a probationary period. This is in conformance
with the City of Sanford Civil Service Rules and Regulations.
If the applicant hired is hired in a "provisional" capacity the probation period will
begin on the first day of employment after all elements of the provisional
appointment have been satisfied.
While awaiting the necessary elements required for certification, the employee
will be considered to be in a "provisional" status. Time spent in provisional
status will n.o:~ count towards the probationary period.
(B) Any employee terminated prior to the end of their probationary period shall not
be entitled to appeal to the Civil Service Board.
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SECTION 6°0
MEDICAL EXAMINATIONS/CERTIFICATION
6.1 GENERAL
it is the policy of the City of Sanford that all potential employees, rec~ardless of his/her
status, be required to undergo medical examination and/or certification to determine
fitness and ability to adequately and safely perform the duties and responsibilities of the
position for which an application has been submitted and conditional offer of
employment has been made.
(A) All medical appointments of this nature will be scheduled by the Civil Service
Office with the City Physician and all associated costs will be absorbed by the
City.
(B) A selected candidate who is determined by the City Physician not to be
medically fit to perform the essential functions of the position in question and
for whom no reasonable accommodation can be made shall not be appointed to
that position.
(C| Medical certifications/examinations shall include alcohol and drug screening
tests.
(D) Whenever there has been a break in service (employment) of thirty (30) days or
more, medical examinations will be required.
6.2 RE-EXAMINATION/CERTIFICATIONS
Periodic medical re-examinations and/or certifications of employees during their
employment may be requested by the appointing authority (i.e., Department Head) with
the concurrence of the Personnel Director to determine ability to continue to adequately
and safely perform the essential functions of the position held.
(A) All medical re-examinations and/or certifications of this nature shall be
performed by the City Physician.
(B) In cases of conflict regarding the City Physician's finding, employees who desire
to be examined by a personal physician of their own choosing may do so at
his/her own expense.
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In order for such medical determination to be considered in relation to fitness for
duty, it is the employee's responsibility to provide the City with the personal
physician's written findinqs.
(C) In cases of conflict between a private physician's report and that of the City
Physician, an independent medical examination may be directed by the
Personnel Director at the City's expense.
(D) All results of examinations, certifications, or re-examinations shall be reviewed
by the City Physician for final determination regarding the employment status
of the employee involved.
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SECTION 7.0
DRIVER'S LICENSE
7.1 GENERAL
(A) Whenever a valid Florida Driver's License (Florida Commercial or Non-
Commercial License) is required to satisfy an essential job function, it shall be
the policy of the City that an employee must possess the applicable valid license
at the time of appointment or be able to obtain same within a time period
specified by the hiring Department and shall maintain such license during their
employment.
(B) Whenever a specific type of Driver' s License is not required as a condition of
employment, it shall be the policy of the City that an employee must have a
valid Florida License if and when it is necessary that this employee utilize City
vehicles or equipment or utilize a personal vehicle in the course of conducting
City business.
(C) Any employee who is required, as a condition of employment, to possess and
maintain a valid Florida License must immediateIv inform his/her supervisor
should such license become denied, expired, restricted, suspended, or revoked
at any time during the course of employment with the City. Failure to do so
may result in disciplinary action up to and including dismissal.
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SECTION 8.0
-PERSONNEL ACTIONS
8.1 GENERAL :
During the normal course of employment a number of personnel-related actions are
likely to occur. All such actions shall be reported via the completion of the City of
Sanford's "Change in Status" form. No change in an employee's status shall be
considered officially "approved" without the final approval of the City Manager or
appropriate designee.
(A) PROMOTIONS
(1) A promotion occurs when an employee applies for and is selected to fill
a position vacancy which is in a different classification and higher pay
grade than the employe~'s current classification and pay grade.
(2) Employees promoted to positions in another Department shall be released
to the gaining Department within a reasonable amount of time normally
not to exceed two (2) weeks.
(3) It is the responsibility of the gaining Department to initiate the "Change
in Status" form reflecting the promotion. Placement of the employee
promoted to a higher grade shall be accomplished at a step level within
that grade which is at the Department's discretion based upon
budgetary limitations. However, such placement shall not be at a level
which is lower than the employee's current hourly rate equivalent or
higher than a level which exceeds the approximate equivalent of a 6%
increase.
::.
(4) The effective date of an employee's promotion becomes the employee's
new "Date of Classification". The employee is then eligible for merit
consideration at one (1) year intervals from that date.
(B) RECLASSIFICATtON
(1} A reclassification action generally occurs when there has been a
siqnificant change in a position's functions, duties, and responsibilities.
These changes must be a permanent nature and not merely a result of
temporary need.
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(2) A reclassification action does not necessarily trigger a corresponding
change in grade level since grade level changes are a product of job
"comparable worth" and "prevailing wage" analysis.
(3) A reclassification action does not trigger a change in the incumbent's
"Date of Classification".
(4) If a reclassification occurs to a position which is vacant and if that
position is filled by promotion of an employee from a lower pay grade,
then the action is deemed to be a promotion. The effective date of the
promotion shall become the employee's new "Date of Classification".
(See Section 8.1A).
(5) Reclassification requests are normally considered during the budgetary
process. However, requests of this nature may be initiated by
Departments at other times as appropriate. Requests of this nature are
to be submitted in writin~J via the Personnel Director to the City Manager.
Requests of this nature may require City Manager, City Commission, and
Civil Service Board approval before becoming effective in accordance
with existing rules.
(C) REGRADE
(1) A regrade action generally occurs whenever it is determined that a
particular position's "comparable worth" based upon prevailing wage
standards is in need of adjustment.
(2) A regrade is normally indicative of significant changes of an "increased"
nature that occur in a position's duties, functions, and responsibilities.
It is also possible that a "decrease" in duties, functions and
responsibilities will warrant regrade consideration.
(3) Regrade actions are reflective of the position's worth, not the
incumbent's worth.
(4) A regrade action does not trigger a change in the incumbent's "Date of
Classification".
(5) If a regrade action occurs to a position which is vacant and if that "
position is filled by promotion of an employee from a lower pay grade,
then the action is deemed to be a promotion. The effective date of the
promotion shall become the employee's new "Date of Classification".
(See Section 8.1A).
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(6) Regrade requests are normally considered during the budgetary process.
However, requests of this nature may be initiated by Departments at
other times as appropriate. Requests of this nature are to be submitted
in writinq via the Personnel Director to the City Manager. Requests of
this nature may require City Manager, and City Commission approval
before becoming effective in accordance with existing rules.
(Note: Reclassification actions and regrade actions may be initiated and
considered independent of one another or in conjunction with one
another as appropriate.)
(7) Whenever a regrade action is approved, the position being regraded will
be placed into the approved grade at the step level which most closely
resembles the wage rate being earned at the time the action is approved.
In some cases regrades will not result in an immediate increase to the
incumbent's rate of pay. In no circumstances will a regrade result in a
loss of pay.
(D) 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
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performance information which may be helpful in accomplishing that
employee's next formal performance review.
(6) N._9o transfer action shall be initiated which is intended to constitute a
disciplinary action.
(E) DEMOTION ~
(1) General - A demotion is an action involving the movement of an
employee from a position in one classification and pay grade to a position
in another classification of a lower pay grade.
(2) Voluntary - A demotion will be considered to be voluntary only when
such consideration is initiated by the employee at his/her own request
and such request is submitted in writing.
Requests for voluntary demotion shall be considered only in situations
whereby an actual position vacancy exists in the lower classification and
pay grade. The employee requesting voluntary demotion must meet all
minimum qualifications associated with the position in question.
Approval for such requests rests with the receiving appointing authority
and is based upon the competitive selection process normally associated
with position vacancies.
Once a voluntary demotion becomes effective, there shall be n_go appeal
available to the Civil Service Board since the action was voluntary and
not as a result of disciplinary action.
The receiving appointing authority shall make every effort to ensure that
upon appointment of an employee as a result of a voluntary demotion
that said employee is placed in the lower classification and pay grade so
that such placement is a close as possible, without exceeding, the
employee's current rate of pay.
in some cases (i.e budgetary constraints) the aforementioned placement
may not be possible. In cases such as this, the employee requesting the
voluntary demotion must be apprised of exactly where, in the pay range,
placement is possible and acknowledge, in writing, agreement with such
placement.
(3) Involuntary - A demotion of an involuntary nature is generally associated
with a disciplinary action or as a result of consistent poor performance
in the execution of regular job duties.
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Other involuntary demotions may be as a result of medical reasons based
upon the City Physician's written findings. Such medical determination
shall be kept in the strictest confidence in accordance with existing Law.
Involuntary demotions will normally result in a reduction in pay of the
employee involved. However, the action itself shall be determined by
such variables as Civil Service Board judgement, positien availability and
budgetary considerations.
(4} Demoted employees shall be subject to a new "Date of Classification"
which shall be based upon the effective date of the demotion action.
(F) 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 original 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 (1 O) working days will adversely affect monies due for
accrued sick leave and accrued vacation leave. (See "Benefits" Section).
(G) 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".
(H) RETIREMENT
An employee will be considered as retirement eligible upon meeting one of the
following criteria:
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
(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.
(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
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
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 At~t~ority (Dependent
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.
(I) 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.
(J) 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 Day depending on the situation.
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
(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 n___o circumstances will a Leave of Absence without pay be granted
which exceeds ninety (90) calendar days w thout extr,~me circumstances
being involved or unless the situation meets the criteria for extended
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, elioible employees shall be able to
request up 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.
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
(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 iD Ioco Darentis
situations regardless of whether or not there was an
actual "legal" relationship that existed.
(3) Child - Biological, adopted, or foster cl~l~, a step-child, a
legal ward, or a child of the employee standing in Ioco
parentis who is under 18 years of age or 18 years of age
or older and who is iqcapable 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 Drecedin<~ 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 oonditions
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 employee'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).
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
(d) Exhaustion of Accrued Leave
Employees requesting leave in accordance with this policy will be
required to exhaust all accrued leave in conjunction with such
requests as follows:
(1) Serious Health Conditions - Employees~w~ill be required to
exhaust all accrued personal leave and vacation leave (in
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.
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
(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 I~egve is requested,
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.
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
(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.
(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 n.ot 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, lea~
taken in conjunction with this policy which involves birth,
placement (adoption), or foster care, shall be limited to an
agereoate 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.
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
This applies regardless of whether or not such leave is on a paid
or unpaid basis and such maintenance shall be applicable ~p 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, ~t~e City may seek
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 unnaid 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 insuranoe 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 prior to taking leave associated with this policy i~
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.
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
However, it is the employee's responsibility to make any
contributions to said retirement or pension plan as they
would normally be responsible for 'mal~ing 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
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 Reportinc~
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 lea~e
result in leave without pay status.
(K) 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.
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
* Please refer to the "Benefits" Section and "Disciplinary" Section for related
information.
(L) MERIT INCREASE
(1} General - The City of Sanford's pay plan consists of a step-in-grade,
performance based system of pay progression. Each pay grade level
contains a total of fifteen (15) steps between the mr~imum entry level
step (step 1) and the pay grade maximum level (step 15).
(a) Each step within the grade represents approximately 3% increase
in pay.
(b) The movement from step to step within the grade is based upon
merit (performance) and such movement is not to be considered
automatic.
(c) Direct supervisors are responsible for conducting performance
appraisals on their subordinates in an impartial, objective manner
which shall be substantiated by cited examples of performance.
The purpose of conducting performance appraisals is to assess an
employee's overall performance for the entire rating period to
provide a basis to determine merit pay progression.
(Note - The specific administrative guidelines governing eligibility
for and movement through the step-in-grade system are
contained in the "Classification & Pay Plan" of the City of
Sanford).
(2) Special - Special performance evaluations may be conducted at any time
during the year to support and document significant aspects or changes
in an employee's performance of job duties. Reviews of this nature will
normally be reflective of either meritorious performanoe or advers~
performance. As is the case with routine type performance reviews,
special performance evaluations must be discussed with the employee,
documented on the appropriate form, and forwarded to the Personnel
Director.
An overall "outstanding" rating is necessary whenever an employee is
given a special performance review with the intent of triggering a step
increase other than at the time of the established performance review
date. The effective date of the action then becomes the employee's
new "Date of Classification". The employee is then eliqible for step
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
increases at one (1) year intervals from that date.
Whenever an employee receives a special performance review which is
reflective of adverse (poor) performance, no change in the employee's
last "Date of Classification" will occur. However, it should be noted that
continued reviews of this nature can result in termination.
(3) New Aopointments - New appointments (initial hires~hall normally be
made at the minimum step of the appropriate grade in question.
However, in cases where an individual's skills, knowledge, and ability
exceed those normally associated with entry level, it is possible to make
the initial appointment above the minimum step up to and including the
fifth step of the grade in question.
Department Heads should consider budgetary constraints and must
obtain approval from the City Manager prior to committing to a new
appointment above the first step of a pay grade.
No initial appointment shall be made above the fifth step of a pay grade
without formal City Commission approval.
New appointments made above the minimum step level of a grade will
not be eligible for a six (6) month review normally associated with new
hires. Employees in this situation are eligible for movement to the next
higher step level one (1) year from the date of hire.
(4) Performance Reviews - In general, performance reviews shall be
accomplished for all regular full-time and regular part-time employees
shortly before, and no later than the employee's date of classification.
Requests to extend an employee's performance review date shall be
permitted only:
(a) Upon written mutual agreement between the employee bein~
rated and the respective Department Head outlining the specific
reason(s) for the extension and the date of the agreed upon
subsequent performance review. (Normally this extension should
not exceed six (6) months.)
This mutual agreement must be submitted to the Personnel
Director no later than the date of classification.
(b) If mutual agreement cannot be attained as specified above, then
the performance review must be accomplished as scheduled
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
previously.
(c) In cases where new employees are promoted before the initial six
(6) months performance review has been accomplished they shall
retain the "Date of Classification" held prior to the promotion and
said performance review shall be conducted as scheduled. The
review date will then become the "Date of Classification" and the
employee is eligible for further (merit) step increases at one (1)
year intervals from that date.
Such cases may require either joint consultation between the
previous and new rater to determine overall performance or
extension of the review date as described above.
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CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
SECTION 9.0
CODE OF CONDUCT
9.1 PURPOSE & INTENT
This code of conduct establishes policies for the City of Sanford regarding conflicts of
interest which may result from soliciting or accepting gifts, gratuities, or unauthorized
compensation; the appropriateness of outside employment; the use of one's position;
personal contractual relationships; using or giving information for gain; or procuring and
delivering contractual services or work; and related or associated matters.
(A) All City employees are expected to honor and adhere to the ethical obligations
inherent in public service.
(B) Article II, Section 8 of the Florida Constitution states, "a public office ( or
position) is a public trust". As stewards of the public trust, all City employees
must use the powers and resources of the City, entrusted to them by the public,
to further the public interest and not for any personal gain or financial benefit.
Therefore, City employees:
(1) Shall not accept benefits of ~ sort under any circumstances which
could be inferred by a reasonable observer that the benefit was intended
to influence a pending or future decision of such employee.
(2) Shall not engage in outside employment or financial transactions of any
kind with any person, entity, firm, or corporation doing business with the
City when such transactions constitute a conflict of interest.
(3) Should seek guidance, for their own protection, by submitting the details
of questionable situations, in writing, to the City Manager before
engaging in such questionable activity.
(C) Many issues pertaining to conflicts of interest may require legal opinion in that
such issues are broadly addressed by provisions of the State Constitution, State
Statutes, and/or Rules of the Commission on Ethics.
The City Manager shall be responsible for rendering final determination regarding
all issues pertaining to conflicts of interest.
(D) Ethical violations such as described above and herein shall be considered as
cause for disciplinary action up to and including dismissal from employment with
the City of Sanford.
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
9.2 CONFLICTS EMPLOYMENT/CONTRACTUAL RELATIONSHIP
(A) Secondary employment or contractual relationships are permitted to the extent
that such employment or contractual relationships do not constitute a conflict
of interest and do not interfere with the employee's job performance with the
City.
(B) City employees who participate in deciding, approving,~ecommending or
preparing purchase or procurement requests or influence the content of any
specification or procurement standard or render advice in the procurement or
purchase of contractual services may not work for a person or entity attempting
to engage in or engaging in contractual services with the City.
(Note - The term "contractual services" is defined in Section 287.012(4) F.S.)
(C) City employees acting in their official capacities, shall not directly or indirectly
procure or substantially participate in the procurement of contractual services
for the City from any business entity when a relative is an officer, partner,
director, or owner or when such employee, spouse, or child has a material
interest.
(Note: The term "relative" for the purpose of this section is defined in Section
112.32 F.S.)
9.3 CONFLICT OF INTEREST REGARDING CONTRACTED CITY WORK AND/OR PURCHASE
OF PROPERTY, MATERIALS, OR SUPPLIES
(A) City employees shall not bid on or have a material interest in any entity, firm,
company, or corporation bidding on:
(1) The furnishing of any materials, supplies, or services to be used in the
work of the City.
(2) A contract for the construction of any City facility.
(3) The sale of any property to the City or the purchase of any property from
the City unless said property is offered to the general public at auction
or by competitive bid.
(B) The term "material interest" for the purpose of this section is defined in Section
112.3145 (3) F.S.
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
9.4 DISCLOSURE OF INFORMATION
City employees shall not use or furnish any information to anyone which is not available
to the general public and which was obtained as a result of City employment, in order
to gain any personal advantage for themselves or others. ' '
This does not limit, hinder, or prevent disclosure of such information in performing
official duties by those employees specifically charged with such re~'~onsibilities or so
designated.
9.5 SOLICITATiON/ACCEPTANCE OF GIFTS, GRATUITIES, BENEFITS, OR THINGS OF
VALUE
(A) City employees shall not solicit or accept a gift, either directly or indirectly, from
any person or entity doing business with the City that could be construed or
presumed to constitute unauthorized compensation.
it is the responsibility of employees who are uncertain about accepting gifts to
seek guidance as specified in Sections 9.1(B)(3) and (C) of these policies.
(B) City employees wishing to qualify for, run for, and/or hold elective office should
submit notification and details of same, in writina. through the Department
Director to the City Manager. Employees in this situation are strongly
encouraged to seek private legal counsel to ensure that such activity is
consistent with the provisions of the F.S.
9.6 USE OF CITY EQUIPMENT/PROPERTY
The personal use of city owned equipment, materials, tools, supplies, and other
property is prohibited.
9.7 PERSONAL MAIL/CALLS/VISITORS
{A) The City is not in the position to handle and/or distribute the personal mail of it~
employees. All employees should advise correspondents, businesses, etc. that
personal mail is to be delivered to their home address and not to their place of
work.
(B) Under n~o circumstances shall employees use City stationary or postage for
personal business.
{C) the receiving and making of personal phone calls and the receiving of personal
visitors on City time is strongly discouraged. The extension of such activities
are at the discretion of the Department Director but should not disrupt the work
CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
environment or take away from work time.
9.8 COOPERATION WITH JOB-RELATED INVESTIGATIONS
It is a condition of City employment that employees are required to cooperate with
respect to any job-related hearing, inquiry, or investigation.
9.9 INDICTMENTS ~
(A) Employees shall be responsible for immediately notifying their supervisor
whenever information has been filed by a prosecuting official against them for
any offense or violation of law (including traffic violations), or who have been
indicted by a Grand Jury.
(B) Employees under indictment for any offense or violation of law shall have such
situation reviewed by the Department Director and Personnel Director to
determine if it is in the best interests of the City and the work program of the
Department to:
(1) Retain the affected employee in his/her regular position.
(2) Assign the affected employee to other duties until such time as the
charge(s) are disposed of by trial, acquittal, dismissal, conviction, or
other judicial action.
(3) Suspend or terminate the affected employee.
9.10 INCARCERATION
(A) It is the sole responsibility of the affected employee to notify his/her supervisor,
no later than the first scheduled work-day followinG the incident of the fact that
he/she has been incarcerated.
{B) Employees who have been incarcerated may be permitted to request availabi~
leave as appropriate and/or be subject to action such as described above.
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CITY OF SANFORD
PERSONNEL RULES AND REGULATIONS
SECTION 10.0
EMPLOYEE BENEFITS
10.1 GENERAL
Generally speaking, employee benefits entitlement is contingent upon whether or not
the "employee" is categorized as regular full-time or regular part-time as specified in the
authorized I~ositions section of the City's "Classification & Pay Plan" document.
Employees who meet the criteria of the aforementioned categorization are eligible for
benefits entitlement.
10.2 SICK LEAVE
(A) ACCRUALS
(1) Regular full-time authorized non-public safety employees earn the
equivalent of 1.25 days of sick leave per month at the completion of one
(1) month continuous service and for each month thereafter. Part-time
regular authorized employees earn sick leave on a proportionate basis in
relation to that earned by full-time authorized regular employees. So that
sick leave benefits are accrued on an equal basis city-wide, employees
working on a 4 day/40 hour work week or 24 on/48 hour off schedule
have a percentage applied to all credited sick leave. The percentage
shall apply as follows:
1 ) 4 day/40 hour work week (.80 times credited days)
2) 24 hour on/48 hour off schedule (.4673 times credited days)
(2) Temporary employees, contractual employees and part-time employees
who are not considered "regular" authorized part-time employees (i.e.
not in Authorized Positions) as described above are not eligible to earn
sick leave.
· (3) Sick leave accruals and maximum sick leave accruals for termination
payment purposes are calculated as follows:
(a) Employees who work 8 hours per day earn 10 hours sick leave
per month based on 8 hours x 1.25 days = 10 hours. The
maximum accrual limits for termination payment purposes for 8
hour employees are as follows:
CITY OF SANFORD I
PERSONNEL RULES & REGULATIONS
CONTINUOUS SERVICE MAX. HOURS ACCRUAL
For Termination Payment
0 thru Five Years of Service 240
At the beginning of the 6th Year 480
of Service through the completion of
the 10th Year
At the beginning of the 1 lth Year 720
of Service and thereafter
(b) Employees who work 7.5 hours per day earn 9.38 hours sick
leave per month based on 7.5 hours x 1.25 days = 9.38 hours.
The maximum accrual limits for termination payment purposes for
7.5 hour scheduled employees are as follows:
CONTINUOUS SERVICE MAX. HOURS ACCRUAL
For Termination Payment
0 thru Five Years of Service 225
At the beginning of the 6th Year 450
of Service through the completion of
the 10th Year
At the beginning of the 1 lth Year 675
of Service and thereafter
(c) Employees who work a 4 day/40 hour work week earn 10 hours
sick leave per month based on 10 hours x 1.25 x .80 = 10
hours. The maximum accrual limits for termination payment
purposes for 4 day/40 hour scheduled employees are as follows:
CONTINUOUS SERVICE MAX. HOURS ACCRUAL
For Termination Payment
0 Thru Five Years of Service 240
At the beginning of the 6th Year 480
of Service through the completion of
the 10th Year
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At the beginning of the 1 lth Year 720
of Service and thereafter
(d) Uniform Fire personnel who work 24 hour shifts earn 14.02 hours
sick leave per month based on 24 hours x 1.25 days x .4673 =
14.02 hours per month. The maximum accrual limits for
termination payment purposes for 24 hour shif~t~employees are as
follows:
CONTINUOUS SERVICE MAX. HOURS ACCRUAL
For Termination Payment
0 Thru Five Years of Service 336.46
At the beginning of the 6th Year 672.91
of Service through the completion of
the 10th Year
At the beginning of the 1 lth Year 1009.37
of Service and thereafter
(e) Due to the nature of the work cycles and in accordance with
FLSA, sworn shift police personnel earn 10 hours sick leave per
month. The maximum accrual limits for termination payment
purposes for sworn shift police personnel are as follows:
CONTINUOUS SERVICE MAX. HOURS ACCRUAL
For Termination Payment
0 Thru Five Years of Service 240
At the beginning of the 6th Year 480
of Service through the completion of
the 10th Year
At the beginning of the 1 lth Year 720
of Service and thereafter
(f) Employees who change work schedules (i.e move from a 37.5
hour work week to a 40 hour work week) do not get their
accrued sick (or vacation) leave hours recalculated to coincide
with the change in work schedule, In other words, banked leave
time is based on accruals which occurred under the previous
work schedule and have nothing to do with the accruals that will
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PERSONNEL RULES & REGULATIONS
occur under the latter work schedule.
(4) If an employee works over (15) fifteen days in a calendar month and
terminates with proper notice or for retirement reasons with notice,
he/she shall be credited with sick leave for the entire month.
(5) Employees terminating from the City by resignation a.{~l_ with two week
notice, shall be paid for accrued sick leave, not to exceed the maximum
accrual limits specified in Section 10.2 {A}(3) at the rate of .125 times
the number of hours accrued at the employees then current rate of pay.
{6) Employees terminating from the City by retirement as defined in Section
8.1 (H) and with two week notice, shall be paid for accrued sick leave,
not to exceed the maximum accrual limits specified in Section 10.2
(A)(3), in full at the employee's then current rate of pay.
(7) Employees terminating from the City without the aforementioned two
week notice or employees who have been dismissed from employment
shall not be entitled to payment for accrued sick leave.
(8) Employees may accrue sick leave benefits with no restrictions as to
maximum amount subject to the termination/dismissal payment
limitations provided in Sections 10.2 (A}(3).
(9) On October I of each year employees whose sick leave accruals have
exceeded those established in Section 10.2 (A)(3) have a one time
option of converting excess sick leave (up to a maximum of that earned
in one fiscal year} to bonus vacation time on a three for one basis (i.e.,
three hours sick leave equals one hour bonus vacation leave.
Employees who do not wish to convert excess sick leave to bonus
vacation leave may simply continue to accrue sick leave with no
restriction other than the termination/dismissal payment limitations
provided in Section 10.2 (A)(3).
(B) SICK LEAVE USAGE
(1) Sick leave is a privilege to be used only when needed and is intended for
bona-fide illness, medical and/or dental appointments. Employees shall
not use sick leave to care for ill members of their family. The City may
at any time, request medical verification of any absence before
authorization of sick leave benefits. The City may also require a physical
check-up by the City Physician to verify "fitness for duty" in instances
of habitual sick leave absence.
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PERSONNEL RULES & REGULATIONS
(2) Falsification of sick leave requests or abuse of the privilege will be
considered as cause for disciplinary action up to and including dismissal.
(3) At the expiration of accrued sick time, the Department Head shall make
proper annotations to the payroll sheets documenting how time is to be
charged. Borrowing sick leave or advancing sick leave is not permitted.
(4| If additional time is needed after exhaustion of accrue~'sick time, other
accrued leave time (i.e. personal days or vacation leave) may be used,
upon the employee's written request, in order to remain on a paid status.
(5) This sick leave policy applies to aI. JI employees of the City and shall not
be waived, altered, or changed without City Commission approval.
(6) It is the responsibility of all Department Heads to protect the City from
loss of time occasioned by employees who take sick leave without
justification and to protect the employee from endangering his/her fellow
workers.
(C) VOLUNTARY VACATION FOR SICK LEAVE DONATION PROGRAM
It is the purpose of the this program to establish a procedure by which City
employees may donate accrued vacation hours in whole hour increments from
one { 1 ) hour to sixteen (16) hours each fiscal year to other City employees who
meet the eligibility criteria as outlined below.
(1) Eligibility For Receipt of Donations
(a) The recipient of such donated time must have experienced a
serious illness, injury, impairment, or physical/mental condition
that involves inpatient care in a hospital, hospice, or residential
medical care facility or continuing medical care/treatment by a
duly certified medical doctor for a serious health/condition which
renders the employee unable to perform the functions of his/he~
position.
(b) The recipient of such donated time must have exhausted al..Jl
accrued sick leave, vacation leave, and personal leave.
(Note - Recipients will not be required to exhaust accrued
compensatory time).
(c) The recipient of such donated time must be filling a position which
is considered to be an authorized regular full-time position as
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PERSONNEL RULES & REGULATIONS
specified in the City's "authorized positions" portion of the
"classification and pay plan" document.
(d) The recipient of such donated time must have been absent for a
minimum of twenty work days within a three (3) month period as
a result of the serious health condition(s) described above before
any donated time is allowed. Such doRetion cannot be
retroactive.
(e) The recipient of such donated time must have worked for the City
for a minimum of one (1) year in the capacity as described in (C)
above.
(f) The recipient of such donated time must provide to the City
sufficient written medical certification as described in (A) above
to document the particulars of the condition, treatment, and
expected duration of same.
(2) Restrictions
(a) Employees who are receiving worker's compensation are not
eligible for receipt of voluntary vacation for sick leave donations.
(b) Recipients cannot receive more than 500 hours of voluntary sick
leave donations in any fiscal year.
(c) Recipients cannot actually receive voluntary vacation for sick
leave donated hours in excess of what they actually need in any
given situation.
(d) The decision to voluntarily donate vacation for sick leave hours
is a purely individual decision based upon one's own reasoning
and subjective criteria. Under no circumstances will any
employee be threatened, coerced, or intimidated in any way by
anyone to donate or not to donate accrued sick leave.
(e) Subject to the restrictions and limits set forth in this policy, it
shall be understood that all donated hours shall become the
"property" of the person to whom it was donated and shall be
considered to be irrevocable for any reason.
Therefore, the City will in no way assume responsibility for any
misunderstandings between the donor and the recipient.
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PERSONNEL RULES & REGULATIONS
(3) Conversion of Donated Hours
All donated hours will be converted to dollars at the time of donation at
the donor's then rate of pay. Subsequently, the recipient shall be able
to draw upon that amount of converted sick leave at the recipient's then
rate of pay.
10.3 HOLIDAYS ~
(A) The City Commission sets holidays and determines when they will be observed.
(B) The Days listed below are designated as official City Holidays:
New Years Day .....................................................................January 1st
Martin Luther King Day ...........................................3rd Monday in January
Memorial Day ............................................................Last Monday in May
Independence Day ......................................................................July 4th
Labor Day ..........................................................1 st Monday in September
Thanksgiving Day .............................................4th Thursday in November
Friday following Thanksgiving .................................4th Friday in November
Christmas Eve ..................................................................December 24th
Christmas Day ..................................................................December 25th
(C) If holidays fall on Saturday, they will be observed on the preceding Friday. If
holidays fall on Sunday, they will be observed on the following Monday.
(D) Temporary employee, contractual employees, summer recreational employees
and part-time employees that are not considered regular part-time employees
will not be paid for official City holidays. Full-time regular and part-time regular
employees will be paid for official City holidays. Part-time regular employees
will be paid proportionately depending on their hours worked as compared to
full-time regular employees.
(E) Stand-by personnel who are called out on a holiday shall receive one-half (~')
their base pay in addition to their normal pay. This applies only to those
employees who normally receive paid holidays.
10.4 VACATION POLICY
(A) Regular full-time and regular part-time employees of the City of Sanford shall
earn annual vacation leave. Regular part-time employees earn such leave on a
proportionate basis to those employees considered regular full-time. Temporary
employees, contractual employees, summer recreational employees, and part-
time employees who are not considered regular part-time employees are not
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PERSONNEL RULES & REGULATIONS
eligible to earn vacation leave. Annual leave is intended to be used to provide
a periodic vacation and each Department Head must make even/effort to ensure
that annual leave is used by all employees on a current vearlv basis to provide
employees with the proper rest and relaxation period. The maximum amount of
annual leave employees may have to their credit at any one time is the amount
they would earn in 1 ~ years. (Note - This also applies to payment for accrued
vacation upon resignation or retirement with proper notice).~
Employees can use credited annual vacation leave after the comeletion of six {6)
months continuous sen/ice based on the following:
(1) Employees that work 7.5 hours per day earn 6.25 hours per month (O-through 10 years
of sen/ice) and 9.38 hours per month (at the beginning of the 1 lth year and thereafter)
based on the following:
0 through 10 Years Service Eligible for 10 work days or 75 hours
per year: 75 hours + 12 months = 6.25
hours per month.
At the beginning of the Eligible for 15 work days or 112.5
1 lth Year of Service and hours per year: 112.5 hours + 12
thereafter. months = 9.38 hours per month.
(2) Employees that work 8 hours per day earn 6.67 hours per month (0 through 10 years
service) and 10 hours per month (at the beginning of the 11th year of service and
thereafter) based on the following:
0 through 10 Years Service Eligible for 10 work days or 80 hours per year:
80 hours + 12 months = 6.67 hours per month.
At the beginning of the Eligible for 15 work days or 120 hours
1 lth Year of Service and per year: 120 hours + 12 months = 10
thereafter. hours per month
(3) Shift employees that work holidays and that work 8 hours per day earn 12.67 hours"
per month (0 through 10 years service) and 16.00 hours per month (at the beginning
of the 1 lth year of service and thereafter) based on the following:
0 through 10 Years Sen/ice Eligible for 19 work days or 152 hours
per year (includes 4 floating holidays of
8 hour units): 152 hours + 12 months
= 12.67 hours per month.
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PERSONNEL RULES & REGULATIONS
At the beginning of the Eligible for 24 work days or 192 hours
11 th Year of Service and per year (includes 4 floating holidays of
thereafter. 8 hour units): 192 hours + 12 months =
16.00 hours per month.
(4} Uniform Fire employees that work 24 hour shifts earn 16.67 hours per month (0
through 10 years service) and 22.67 hours per month (at the beginning of the 1 lth
year of service and thereafter) based on the following: ~
0 through 10 Years Service Eligible for 22 calendar days of 8 hour
units (+ I floating holiday of 24 hour
unit): 200 hour + 12 months = 16.67
hours per month.
At the beginning of the Eligible for 29 calendar days of 8 hour
11th Year of Service and units (+ I floating holiday of 24 hour
thereafter. unit): 272 hrs + 12 mo.= 22.67 hrs per mo.
(5) Police Department employees that work 12 hour shifts earn 12.67 hours per month (0
through 10 years service) and 16 hours per month (at the beginning of the 1 lth year
of service and thereafter) based on the following:
0 through 10 Years Service Eligible for 12.67 hours per month (which includes
4 floating holidays) or 152 hours per year: 152
hours + 12 months = 12.67 hours per month.
At the beginning of the Eligible for 16.00 hours per month (which
1 lth Year of Service and includes 4 floating holidays) or 192 hours per
thereafter. year: 192 hours + 12 months = 16.00 hours
per month.
(B) An employee does not earn/accrue vacation leave for any month in which said
employee is on any type of unpaid status for that entire month.
(C) Employees, upon completion of six (6) months continuous service and
thereafter, shall be eligible to use credited vacation leave subject to the approval
of the Department Head.
(D) Employees, upon authorization of the Department Head, may use credited
annual leave for other than vacation (i.e. hospitalization or illness upon
exhaustion of sick leave, family emergency, etc.). Employees may take only
that amount of leave that has been credited to them. Use of uncredited leave
time will not be authorized.
(E) The Department Head may require an employee to use part of his/her credited
annual leave for other purposes.
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PERSONNEL RULES & REGULATIONS
(F) Precedence in choosing a vacation period should be governed normally by job
seniority within the division or department, but must be at a period approved by
the Department Head in keeping with the needs of the City.
(G) Department Heads shall notify the City Manager's Office one (1) month in
advance of their intended vacation period so that vacations may be coordinated
to ensure the efficient operation of City services.
(H) Holidays occurring while an employee is on annual leave are to be counted as
holidays, not annual leave.
(I) An employee resigning or retiring from the City with two (2) weeks notice, shall
be paid for his/her credited annual leave up to a maximum allowable rate as
specified in Section 10.4(A). Such leave pay shall be made at the employee's
current rate of pay.
(J) Terminal vacation leave pay shall not be paid to separating employees who fail
to give at least two (2) weeks notice or in cases whereby employees are
dismissed from employment.
(K) Employees who terminate prior to completion of six (6) months continuous
service will not be paid for any accrued vacation time.
(L) In case of death of an employee, payment for unused vacation leave shall be
made to the employee's beneficiary, estate or as provided by law.
(M) It shall be the respective department's responsibility to keep accurate and up-to-
date annual vacation leave records on each employee. Annotations for vacation
leave used must be made on respective payroll time sheets as it is used.
10.5 LIFE INSURANCE
(A) After completing ninety (90) days service with the City, regular full-time and
regular part-time employees are provided with city-paid term life insurance. Tj~e
limits of life insurance coverage at any particular time are as prescribed and in
such conformance with existing I.R.C. codes and City Commission action.
(B) Coverage is effective on the first day of the month following the completion of
ninety (90) calendar days service with the City.
(C) The City provides sworn police officers and certified firefighters with additional
city-paid term life insurance for a job-related death effective from date of initial
employment as prescribed by Florida Statutes.
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PERSONNEL RULES & REGULATIONS
10.6 HEALTH INSURANCE
After completing ninety (90) days service with the City of Sanford, regular full-time and
regular part-time employees are provided with City paid health insurance. Once the
application is submitted to Personnel, the City pays the premium for the employee
portion of the coverage. Employees desiring insurance coverage for their dependents,
under the City's plan, may obtain such dependent coverage at tbejr own expense.
However, coverage will not start until the first of the month follow~g completion of
ninety (90) days employment.
(A) An employee will have met the criteria for eligibility for continuation of citv-naid
health insurance at the time of retirement upon completion of twenty-five (25)
years service to the City of Sanford.
This will entitle the retiring employee to the same health insurance coverage as
is afforded regular employees at the same City and employee contribution rates
that may be in effect.
(B) Employees retiring for disability reasons and who meet the criteria for disability
retirement as prescribed by the Florida Retirement System (F.R.S.) or City
Retirement Plan, .~ who meet the criteria for disability retirement as prescribed
by the Police or Fire Pension Plan are eligible for continued Citv-naid health
insurance.
This will entitle the employee retiring for approved disability reasons to the same
health insurance coverage as is afforded regular employees at the same
employee contribution rate that may be in effect.
(C) Upon attainment of age sixty-five (65) all entitlement to City-paid health
insurance will cease.
Whenever a retiree becomes ineli.qible for continuation of City-paid health
insurance due to attainment of age sixty-five (65), he/she or his/her eligible.
dependents may elect to continue this coverage at his/her own expense unde~
the provisions of existing "COBRA" Law.
(D) This policy became effective October 1, 1991 and would be applicable to all
retirements occurring on or after that date.
Current retirees will remain eligible for City-paid health insurance as is afforded
regular employees at the same employee contribution rate that is in effect. The
discontinuation clause referred to in item (C} above is not applicable to
retirements occurring prior to October 1, 1991.
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PERSONNEL RULES & REGULATIONS
10.7 EMPLOYEE ASSISTANCE PROGRAM
The City of Sanford clearly sets forth the City's position regarding employee personal
problems which affect work performance. Further, these rules establish an on-going
system of employee assistance which benefits all employees and their immediate
families. This system is called the "Employee Assistance Program", or (EAP}. A private
consulting firm is working with the City of Sanford in the ongoing n~intenance of the
program.
Employees may obtain professional assistance through the Employee Assistance
Program in one of the following ways:
(A) Self-referral
(B) Supervisor referral
(C) Mandatory referral
The following procedures are designed to facilitate each type of referral to the Program.
(A) Self-referral
(1) An employee, or a member of an employee's family, who desires
confidential assistance for a personal problem should speak to an
Employee Assistance Counselor.
(2) The Employee Assistance Counselor will either provide the necessary
assistance on the telephone or will arrange to see the individual for
further confidential consultation,
(3) All communication between the employee and the Counselor will be held
in the strictest confidence unless the employee requests, in writing, that
the City be notified.
_:.
(B) Suoervisor Referral
(1) The basis of a referral to the Employee Assistance Program by the
Supervisor must be:
(a) A request by an employee for assistance with a personal problem
which threatens to affect work performance; or
(b) A decline in work performance on the part of the employee; or
(c) A particular on-the-job incident which indicates the possible
presence of a personal problem excluding incidents of flagrant
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PERSONNEL RULES & REGULATIONS
misconduct which require immediate suspension, termination or
other severe disciplinary action.
(2} When an employee has come to a Supervisor to seek advice regarding
a personal problem, the Supervisor should make the employee aware of
the professional assistance available through the Employee Assistance
Program and offer to assist the employee by~grranging for an
appointment with an Employee Assistance Counselor.
(3) When an employee's performance is the basis for a Supervisor referral
to the EAP, the Supervisor should prepare a written account of the
performance problem which has been observed.
This account should be as detailed as possible including the dates, times
and descriptions of behaviors which have become a part of a pattern of
decline or particular incident which warrants supervisory action. This
document is for the Suoervisor's use in talking with the employee and
should be recorded in the Supervisor's Working File. Only when written
disciplinary action is required is anything added to the employee's
personnel file.
(4) The Supervisor should then have a meeting with the employee to discuss
the performance problem and communicate, as clearly as possible, the
consequences of failure to resolve the problem. The Supervisor should
not speculate as to the cause of the performance decline, nor engage in
discussion with the employee about any personal problem which may be
hampering the employee°s performance. This meeting should focus
solely on work performance. (For additional assistance, the Supervisor
may consult with an EAP Counselor prior to this meeting with the
employee.)
(5) After the employee has been confronted with the performance problem,
the Supervisor must review the Employee Assistance Program Policy
with the employee, advise him or her of the availability of confidential
professional assistance for any work hampering personal problem, and
strongly encourage the employee to allow the Supervisor to arrange an
appointment with an EAP Counselor. Though the final decision to use
the program must be left up to the employee, the Supervisor should
emphasize the importance' of the EAP.
(6) If the employee agrees to accept assistance, the Supervisor should call
and arrange for a meeting between the employee and the Employee
Assistance Program Counselor. The Counselor will advise the Supervisor
on any further action which might be necessary.
(7) The Supervisor should make available to the EAP Counselor all
information relevant to the performance problem of the employee prior
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PERSONNEL RULES & REGULATIONS
to the arranged meeting. If necessary, the EAP Counselor will request
a conference with the Supervisor to further discuss the situation.
(8) If the employee chooses not to accept assistance at this time, the
Supervisor should reinforce the City's expectation for improved
performance and the consequences for failure to improve as set forth in
the policy. The Supervisor should also point out that the EAP will be
available should the employee change his or her min~in the future.
(9) All information pertaining to the employee's referral to the EAP and
information provided to the Supervisor should be afforded the same high
standards of confidentiality as applied to other disciplinary procedures
and personnel records.
(C) Mandatory Referral
(1) If an employee tests positive for alcohol or drugs, the Supervisor,
Personnel Director, or Medical Review Officer shall make a referral to the
EAP. The employee will be informed that EAP participation is a
mandatory condition of continued employment.
(2) At the first appointment with the counselor the mandatory nature of the
referral will be explained to the employee and the employee will be
required to sign an acknowledgement of same.
(3) The EAP Counselor will complete an assessment and make recommen-
dations for services and/or treatment. The employee will be advised of
the recommendations and an EAP plan will be developed. The counselor
will assist with linkage to treatment providers.
(4) The EAP Counselor will inform the Personnel Director, or the Medical
Review Officer if the employee accepted the EAP plan and will make
subsequent reports regarding the employee's compliance with the plan,
(5) The Counselor will follow the progress of treatment if the client is
referred to a provider external to the EAP.
(6) it is the EAP's policy to provide follow-up Services to substance abuse
cases for one year.
10.8 EMPLOYEE OF THE MONTH/YEAR PROGRAM
It is the purpose of the employee of the month/year program to recognize employees
who have demonstrated significant professional achievement and excellence in the
performance of their job duties.
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PERSONNEL RULES & REGULATIONS
(A) Eligibility Reauirements:
(1) All regular employees of the City of Sanford who have completed a
minimum of twelve {I 2) months employment are eligible for nomination.
A regular employee is defined as an employee whose position is
designated in the authorized positions segment of the City's
"Classification and Pay Plan".
{2) The employee's last performance evaluation must exhibit an overall
rating of "outstanding".
(3} The employee's personnel file must not contain any "Disciplinary Action
Record" within the last twelve (12) months prior to the date of
nomination.
(B) Nomination Procedure:
(1) Nominations for employee of the month can be initiated by any regular
employee.
Nominations for employee of the year will be initiated by the "City
Recognition Committee". The selection procedure is addressed in
Section 10.8 (B){5).
{2) All nominations must be submitted, in writing and signed by the person
submitting the nomination. The Personnel Director will review the
nomination to ensure that the nominee meets the eligibility criteria as
established above.
Nominations must be received by the Personnel Director no later than the
third Friday of the month in which the nominee is to be considered.
All eligible nominations will then be forwarded to the "City RecognitioD
Committee" for final selection of employee of the month. The finiil
selection by this Committee is not subject to appeal or grievance.
(3) Nominations must include specific statements of achievement considered
to be above and beyond the normal scope of duties and responsibilities.
Supporting statements such as letters of commendation/appreciation
from the public, superiors, or other employees should be included. In
addition, evidence of civic and/or other off-duty achievements may be
considered.
(4) Although an employee may be nominated more than once each year.
he/she will only be selected as employee of the month one (1) time in
any calendar year.
CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
(5) At the end of the calendar year, all employees who have been selected
as employees of the month will be automatically considered for employee
of the year.
This selection will be initiated by the "City Recognition Committee". The
final selection of this committee is not subject to appeal or grievance.
(C) City Recognition Committee (CRC): ~
(1) The CRC shall consist of each Department Head from the following
Departments,
* Finance
* Engineering & Planning
® Community Development
* Public Works
* Utilities
® Recreation & Parks
* Police
* Fire
* Staff (City Mgr., City Clerk, Personnel)
Each CRC member shall have one (1) vote for selection and said vote
Cannot be cast for any nominee from their respective Department.
In addition, the Personnel Director shall serve as CRC facilitator and shall
have no voting authority other then in the event of a tie vote arrived at
by the other CRC members.
(2) The CRC shall meet on the fourth Wednesday of each month to select
the employee of the month for that particular month.
On the fourth Wednesday of December the CRC shall also select the
employee of the year for that particular calendar year.
Specific meeting dates which coincide with official holidays will be
rescheduled accordingly by the Personnel Director.
(3) In the event of absence of a CRC member, it is the responsibility of the
Department Head to designate an alternate to attend scheduled meetings
as needed.
(4) As stated previously, all CRC selections are final and are not subject to
appeal or grievance.
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PERSONNEL RULES & REGULATIONS
(D) Recoclnition Awards:
Employee of the Month:
(1) CRC selections for employee of the month shall be forwarded to the City
Manager. The City Manager along with the respective Department Head,
shall present the recipient with a certificate of recognition. A copy of
this certificate will be included in the recipient's per~nnel file
(2) A plaque will be perpetually on display in a prominent place in City Hall
inscribed with each recipient's name and corresponding month of
selection.
In addition, the current month recipient's picture shall be on display next
to the aforementioned plaque.
(3) A specifically designated parking space shall be assigned to the recipient
for his/her use for one (1) calendar month following his/her selection as
employee of the month.
This parking space shall be designated by an appropriate sign and shall
be assigned at a location in close proximity to the recipient's normal
work location.
There shall be no other parking permitted in this area by any City
employee at any time except in the case of an emergency situation.
Employee of the Year:
The employee selected by the CRC as employee of the year shall be
eligible to receive:
(1) A specifically designed plaque of recognition to be presented to the
recipient by the City Commission at the first regular City Commissidi~
meeting in January.
(2) A certificate of recognition will be included in the recipient's personnel
file.
(3) A plaque will be perpetually on display in a prominent place in City Hall
inscribed with each recipient's name and corresponding year of selection.
{4) A specifically designated parking space shall be assigned to the recipient
for his/her use for one (1| calendar year following his/her selection as
employee of the year. This parking space shall be designated by a
appropriate sign and shall be assigned at a location in close proximity to
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PERSONNEL RULES & REGULATIONS
the recipient's normal work location.
There shall be no other parking permitted in this area by any City
employee at any time except in the case of an emergency situation.
(5) The employee of the year shall be entitled to one (1) additional day off
from work with pay to be taken at the employee's discretion within six
(6) months of selection.
(6) The employee of the year shall receive a one hundred dollar (9100) U.S.
Savings Bond in their name.
10.9 EDUCATIONAL ASSISTANCE PROGRAM
The City of Sanford encourages all regular employees to pursue educational
opportunities to the fullest extent possible. Such opportunities include both job-
related and/or self-improvement courses and programs.
in this regard, the City has established an educational assistance program to
help its employees defray the costs associated with the aforementioned pursuit.
The City Manager's office shall be responsible for maintaining all records
associated with this program.
(A) ELIGIBILITY
All regular full-time (and/or part-time) employees are eligible to
participate in the City's educational assistance program. However, it
shall be understood that the undertaking of such courses must not
conflict with the employee's work schedule.
(B) NON-CITY EDUCATIONAL ASSISTANCE
Employees receiving payment or assistance for educational expenses
from any other non-city sources (i.e. grants. VA. etc) which do not
require repayment are eligible for participation in this program to the
extent that such other educational assistance will be considered as
primary for the purpose of determining any city assistance entitlement.
It is the employee's responsibility to provide to the City an itemized
accounting of the amount of assistance and what such non-city covers.
Employees receiving payments or assistance for educational expenses
from any other non-city sources (i.e. student loans) which d_9o require
repayment are eligible for participation to the maximum extent provided
for herein and the City's assistance shall be considered as primary for the
purpose of determining any City entitlement. In this regard it is the
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PERSONNEL RULES & REGULATIONS
employee's responsibility to provide to the City adequate certification of
the source and terms of repayment of such non-City assistance.
Once the primary source of assistance has been applied to the total
educational expenses, the employee may then be eligible for additional
assistance from the City to the extent and limits as specified in Sections
(B) & (D) of this policy.
(C) INCLUSIONS/EXCLUSIONS
The items included for educational assistance consideration are:
1. Tuition costs
2. Testing fees (i.e., GED, CLEP, etc.)
3. Laboratory fees
(Note: Only "credit related" testing fees shall be included as opposed to
"eligibility" type (i.e. GRE, SAT) testing fees).
Excluded items for educational assistance consideration are:
1. Books
2. Miscellaneous supplies and course materials (i.e. pencils, pens,
calculators, etc.)
Any other items not specifically addressed above shall be considered as
excluded for the purpose of consideration for educational assistance.
(D) APPLICATION PROCEDURE
An employee desiring to participate in the City's educational assistance
program must first seek written approval from his/her Department Head
to confirm that adequate funds are available from the Department'.s
current budget. Once such approval has been obtained then tt~e
employee must submit an Educational Assistance Request form to his/her
Department Head within two (2) weeks of initiating the actual course,
test, or laboratory work. Educational Assistance Request forms
submitted after two weeks from the date of initiating the actual course,
test, or laboratory work will be considered on a case by case basis taking
into account the reason for the delay in submission in a timely manner.
The request form shall then be forwarded to the City Manager's office
for final approval.
Department Heads must also be mindful that whenever they make
committments to employees for educational assistance late in the fiscal
year, such committments may well impact their budget in the next fiscal
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PERSONNEL RULES & REGULATIONS
year.
Receipts for all .eliqible costs must be attached ~o the educational
assistance request form in order to be conSideredfor reimbursement.
(E) TERMS OF AGREEMENT
Once final approval by the City Manager has been o~btained, a copy of
the request form will be returned to the employee along with a
reimbursement check for one-half (~) of eligible costs u_E to a maximum
of 975 per credit hour to include elicjible tuition, testinq and laboratory
fees,. The remaining one-half {~ ) shall be reimbursed to the employee
after the employee has completed the course work a.n.d attained the
equivalent of a passing grade of at least a "C" or equivalent thereof.
Failure to complete said courses (s) or failure to attain the
aforementioned passing grade or equivalent will result in the employee
being required to repay to the City all applicable monies advanced
accordingly.
This reimbursement arrangement shall be applicable for up to and
including a total of nine (9) courses initiated within a fiscal year.
Once the coursework has been completed, proof of such completion
must be sent to the City Manager. This is the employee's responsibility
and failure to do so within one (1) month from the scheduled completion
date or receipt of grade report may result in disqualification from future
eligibility for participation in this program and possible disciplinary action.
For the purpose of defining the term "equivalent" as used herein, such
descriptive results as "satisfactory" or "certification" will be considered
as meeting the "equivalent" definition standard.
(F) Should repayment to the City be necessary, such repayment must be
paid to the City, in full, within a twelve (12) month period. Therefore,
any amount owed to the City must be repaid in 12 equal installments.
Failure to do so could result in disqualification from future eligibility for
participation in this program and possible disciplinary action.
Should an employee wish to accomplish repayment in a shorter
timeframe or via lump sum repayment such repayment is encouraged.
In the case of death, or retirement as defined in Section 8.1 (H) of the
Personnel Rules and Regulations, any remaining liability for repayment to
the City shall be waived.
The application program participation shall provide an agreement to be
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PERSONNEL RULES & REGULATIONS
signed by the employee, notarized and stipulating that should the
employee's services be terminated during the following periods either
voluntarily or involuntarily, the City shall be reimbursed for funds paid the
employee for educational expenses as provided in the following
reimbursement formula:
Termination after Completion Reimbursement To City
of Course(s) ~'
Within One (1) Year 100%
From One (1) Year and 50%
One (1) day up to and
including Two (2) years
From Two (2) years and 0%
One (1) day on
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CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
SECTION 11.0
ATTENDANCES & ABSENCES
11.1 GENERAL
(A) Absences from duty shall be on an unpaid basis unless~approved by the
immediate supervisor in advance. Employees shall not be ~0sent from work
without authorized permission. Absences in excess of 24 hours without an
approved explanation shall be considered a reason for dismissal.
(B| The City Manager will hold Department Heads responsible in accounting for the
daily whereabouts and activities of themselves, their supervisors and their
employees.
(C) In cases of emergency situations, an employee is required to notify his/her
supervisor promptly, giving the reason for'absence and expected time of return
to work. The circumstances involved should be taken into account in relation
to prompt notification and approval.
(D} Employees are required to be on time, and properly attired and equipped to
perform their duties at the appointed starting time of their work day. ReDortino
to work after the al~ointed start time is defined as beincl "tardy".
(E) If an employee is to be late for any reason, he/she is expected to notify his/her
supervisor prior to their appointed start time.
(F) Excessive tardiness is defined as more than twelve (12) occurrences within any
twelve (12) month period with consideration given to severity and possible
medical reasons. Due to the critical nature of Public Safety jobs, excessive
tardiness in the Police and Fire Departments shall be defined as more than four
(4) occurrences within any twelve (12) month period.
(G) Absenteeism can only be defined as excessive as it relates to accrued sick lea~/~
benefits. As long as the employee is on an approved, medical absence, the
absence is viewed as bona-fide. Justification of bona-fide absence must
consider all applicable medical reasons which may require a written record of
medical care.
(H) Automatic discharge will be effected if an employee has been absent for one (1)
work week without proper notification to his/her supervisor. This will be
construed as "Job Abandonment".
(I) From time to time situations may arise that warrant consideration of placing an
employee on a "leave without Day" status. Requests of this nature are viewed
to be the exception and not the rule and shall only be considered after thorough
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PERSONNEL RULES & REGULATIONS
review of the circumstances and attendance record of the employee in question.
Consideration for "leave without Day" status is contingent upon acceptable
reason, exhaustion of all other accrued leave, and ultimate approval of the City
Manager via the approval process specified on the Change in Status form.
Under no circumstances will a "leave without pay" status be granted that'
exceeds ninety (90| calendar days without extreme circumstances being
involved. * Refer to Section 8.1(J) for additional informatioQJ)ertaining to this
subject. ~'
11.2 JURY DUTY
If an employees is summoned for jury duty, he/she will be granted the necessary time
off with pay for this civic service. Notification for such time off must be made to
his/her Department Head, stating the approximate length of the employee's absence.
Any payment except travel pay, received by the employee from the State shall be
turned in to Finance. An appropriate summons or document must be furnished to the
Department Head verifying length of time on jury duty and amount paid to the
employee.
11.3 COURT APPEARANCES
An employee who is summoned to appear as a withesse in any action not in connection
with his/her job, concerning town, city, county, state, or federal government, shall be
granted leave with pay upon presentation of any summons. Court appearances for civil
actions not involving public bodies will not receive leave with pay.
11.4 MEETINGS & CONFERENCES
An employee may request to attend job-related conferences and/or training seminars
which are budgeted and considered in the best interest of his/her service to the City.
These requests must be approved by the Department Head in advance. An employee
requesting to attend unbudgeted conferences or meetings may request time off from
his/her jobs at his/her own expense. These requests for unpaid absences must be
approved by the Department Head. "'
11.5 DEATH IN FAMILY
(A) If a death occurs in an employee's immediate family {mother, father, sister,
brother, wife, husband, son, daughter, mother-in-law, father-in-law, or relative
who lived in the employee's home), a regular employee will be allowed up to
five (5) calendar days off with pay from day of death. The employee's time off
from work because of a death in the family must actually be taken immediately
following the death in order to receive payment.
(B) In case of death of other relatives, an employee may request one (1) day with
pay to attend the funeral. Requests for time off should be made to the
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pERSONNEL RULES & REGULATIONS
employee's Department Head who will make the decision.
(C) Employees may be asked to furnish proof of family member's death upon their
return to work.
11.6 PERSONAL ABSENCES
{A) All employees categorized regular full-time or regular part-timbre entitled to the
equivalent of two (2) days paid absence which are classified as "Personal
Absences" and are to be taken each fiscal year. These "Personal Absences"
must be approved by the Department Head in advance with consideration given
to maintaining a smooth operation of work. Carryover from one (1) fiscal year
to another is not permitted. Employees are eligible for paid Personal Absence
thirty (30) days after date of hire. Thereafter, Personal Leave is available at the
beginning of each fiscal year.
(B) In cases of absences without pay, the City does not provide paid Health or Life
Insurance coverage (except that required by FML) during the period of absence
nor does the employee earn any vacation or sick leave. Upon return to work
from this status, the employee will begin earning vacation and sick leave along
with the appropriate insurance coverage. Employees in an absence without pay
status are responsible for making prearrangement with Personnel to provide
insurance coverage during the absence.
11.7 MILITARY LEAVES OF ABSENCE
(A) An employee who is a member of the U.S. military or naval service or a
member of the National Guard shall be granted military leave on all days during
which the employee is ordered to active or inactive duty for trainincj.
Such employees shall not be required to work or use accrued leave on any day
during which they are engaged in training under official orders. Likewise, such
employees shall not suffer loss of pay, time, or efficiency rating. It is the
employee's responsibility to provide a copy of all official orders to his/h~
supervisor immediately upon receipt of same. A copy of the orders must be
forwarded to Personnel for file inclusion in the employee's personnel file.
Whether continuous or intermittent, such leave With pay shall not exceed (17)
working days in any one (1) annual period beginning on October 1, and ending
on September 30 of the following year.
For the purpose of counting work days, each work shift of twelve (12) hours or
less shall betcounted as one (1) working day. All shifts over twelve (12) hours
and up to twenty-four (24) hours shall be counted as two (2) working days.
Since it is possible that such training can, in unusual circumstances, be ordered
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PERSONNEL RULES & REGULATIONS
for periods in excess of seventeen (17) working days, an employee may reouest
to use accrued vacation or personal leave, or accrued compensatory leave to
cover the excess training period. If the employee does not request to use such
leave, the excess working days shall be approved as leave without pay.
However, the employee shall not suffer any loss of time or efficiency rating.
(B) 'An employee who is a member of the Florida National Guar~ shall be granted
military leave during periods in which the employee is orde?~d to active state
service by the Governor of Florida pursuant to Chapter 250.F.S.
Such leave with pay shall not exceed thirty (30) calendar days at any one (1)
time.
The same restrictions and provisions regarding the use of accrued leave,
compensatory leave, and leave without pay as stated above shall also apply to
situations which exceed the aforementioned thirty (30) calendar days at any one
time activation.
11.8 MILITARY LEAVE
(A) Employees in "Reserve" or "National Guard" status who are activated for
extended duty normally associated with crisis or wartime situations are entitled
to certain considerations provided by existing Federal and/or State law as
follows:
(1) Once an employee has furnished proof of "activation", he/she will be
granted a "Military Leave of Absence" for the required period of time.
(2) The City may replace .the affected employee with a "temporary"
employee until such time as the affected employee completes the active
duty and applies for return to his/her previous job.
(3) The returning employee must apply for re-employment within ninety (90)
days from release from active duty.
(4) Employees in this status will not be required to use any accrued leave
(personal, sick, or vacation) to cover the "Military Leave of Absence".
However, employees will be given the option to either leaving all accrued
leave intact for use upon return to employment or be paid in full for all
accrued leave concurrent with activation for military service.
(5) Health and life insurance benefits for the employee, paid for by the City
shall cease upon activation for military service.
(6) Deoendent health insurance, paid for through payroll deduction, may
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PERSONNEL RULES & REGULATIONS
continue in accordance with COBRA Law or the employee may elect to
drop dependent health insurance once the dependent(s) becomes eligible
for military coverage.
(7) Upon return to employment after activation is completed, the employee
will be reinstated to his/her previous position with all seniority, status,
pay, benefits, etc. reinstated as it was at the time offactivation.
Status of leave reinstatement is subject to the conditions of the option
selection set forth in item A(4) stated above.
(B) A re-employed veteran shall be awarded preference in promotion, and shall be
promoted ahead of all other employees who are equally or less Qualified for the
position.
(C) Employees on military leave will not accrue any sick or vacation time during the
time spent on military leave.
11.9 BREAKS IN SERVICE
(A) Termination of employment for more than seven (7) calendar days for any
reason shall be considered a break in service and will not be counted in
determining an employee°s total length of service.
(B) In computing total length of service, part-time work shall be counted as the
percentage of said part-time work in relation to normal full-time work for the
position and classification in question at the time said work was performed.
(C) Paid sick leave, paid vacation, paid holidays, and paid personal absences shall
be counted in computing total length of service.
(D) Temporary leaves of absences may be counted toward total length of service
provided they do not exceed thirty (30) days. Unpaid leaves of absence which
exceed thirty (30) days shall be considered breaks in service and time after th~
thirtieth (30th) day will not be counted in computing total length of service.
Although the first thirty {30) days of a temporary leave of absence may be
counted as service, no benefits shall accrue during an unpaid leave of absence.
11.10 PAY DAY
The work week runs from Saturday through Friday. Employees who are paid
weekly are paid each Friday and employees who are paid bi-weekly are paid
every other Friday.
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PERSONNEL RULES & REGULATIONS
11.11 PAY ADVANCES
It is the policy of the City of Sanford not to make advances on employee pay
except for extenuating circumstances, and then only by written request and
approval by the City Manager.
11.12 OVERTIME
(A) Overtime is not permitted unless specifically authorized by the City
Manager.
(B) If authorized, overtime is paid in accordance with the provisions of the Fair
Labor Standards Act (FLSA) as outlined below:
(1) GENERAL NON-EXEMPT - An employee who is not listed as exempt
in the City of Sanford Classification and Pay Plan must be compensated
at a rate of time and a half for hours worked in excess of his/her
scheduled work week.
(Note: Such overtime entitlement is only applicable to employees who work
either a 37~ or 40 hour work schedule and who are considered to be general
non-exempt employees as defined in FLSA.)
(2) NON-EXEMPT FIRE DEPARTMENT EMPLOYEES - Employees in this
category must be compensated at a rate of time and a half for hours
worked in excess of 53 average/scheduled hours in a week or a total of
159 hours in a 21 calendar day work cycle.
(3) NON-EXEMPT POLICE DEPARTMENT EMPLOYEES - Employees in this
category must be compensated at a rate of time and a half for hours
worked in excess of 43 average/scheduled hours in a week or a total of
86 hours in a 14 calendar day work cycle.
(4) EXEMPT EMPLOYEES - An employee in this category is clearly identified'
in the City of Sanford "Classification and Pay Plan" and are compensated
on a salaried basis. As such, he/she are considered exempt from any
overtime pay.
(C) Emergency situations may arise whereby employees are called in to work at any
time determined by their Supervisor, Department Head, or the City Manager.
Employees will be paid for this time as outlined above.
11.13 COMPENSATORY TIME
Compensatory time may be used in lieu of overtime as outlined in the Fair Labor
Standards Act. Compensatory time is computed in the same way as overtime pay at
CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
a rate of time and a half for all hours worked in excess of the standard work week or
cycle as outlined in 11.12 (B) (1-4) above. As is the case with
overtime, compensatory time is not permitted unless specifically authorized by the City
Manager.
(A) A maximum of 240 hours may be accrued for general non-exempt employees.
(B) A maximum of 480 hours may be accrued for Public Safety~mployees.
(C) Any time in excess of the maximum hours stated in this section must be paid
in cash at a rate of time and a half.
(D) If a non-exempt employee has accrued compensatory time and leaves the City's
employ for any reason, he/she will be compensated at termination, in cash, for
all accrued compensatory time in accordance with existing provisions of the Fair
Labor Standards Act.
11.14 FLEXTIME
Flextime is a method whereby some deviation may be permitted within the Day period.
For example; an employee works a 40 hour standard work week from Monday through
Friday but for some reason needs to leave work two (2) hours early on Friday and does
not have an adequate amount of appropriate accrued leave to cover the absence. The
Department may wish to accommodate the employee by utilizing the flextime concept
as long as it can be done within the same pay week. In this example, the Department
may allow that employee to work two (2) hours over or two (2) hours prior to the
normal starting or quitting time during that same pay period. It is emphasized that the
decision to allow flextime is solely at the discretion of the Department and is not be
construed as an employee "right". Care is to be taken that the concept of flextime is
to be applied fairly and with consideration given to a smooth, uninterrupted work flow.
11.15 HOURS WORKED
(A) If a non-exempt employee uses accrued sick leave, vacation leave, cornL
pensatory time, personal time, or holiday time, those days off are to be
considered as hours worked for payroll and overtime purposes.
(B) Are employee that has been designated as "exempt" is not entitled to overtime
compensation regardless of the number of hours worked over and above his/her
normal work week. An employee designated as "exempt" shall not have his/her
"salary" subject to partial day docking of less than one (1) work day. However,
this does not mean that exempt employees cannot be required to use accrued
sick, vacation, or other leave to supplement pay for partial day absences.
Exempt employees can be docked for full day absences for personal or illness
reasons in cases where sick leave, vacation leave, personal leave, or other
approved paid absence is either unavailable due to ineligibility or exhausted.
CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
(AMENDED BY CITY COMMISSION VIA ORDINANCE NO: 3115)
(C) In general, "hours worked" includes all time an employee is:
(1) Required to be on duty, or in a prescribed work area for the employer;
and
(2) Any and all time during which the employee is suffered or "permitted"
to work for the employer.
(D) With this in mind, a non-exempt employee will not be allowed in his/her work
area more than five (5) minutes before the scheduled beginning of his/her work
day, or five (5) minutes after the end of his/her scheduled work day.
(E) A non-exempt employee will leave his/her work areas during prescribed lunch
periods.
(F) A non-exempt employee will not be allowed to take work home or allow any
family member to do City work in the employee's home after his/her scheduled
work day.
(G) Responsibility for monitoring work hours begins at the supervisory level.
Precautions will be taken to see that the employees are knowledgeable of the
FLSA and its effect on the day to day work hours. If an employee remains in
the work area assisting a citizen, taking a business phone call or assisting
another employee with City business, that time will be considered to be work
time and will be compensated. There is no such thing as voluntary overtime!
{H ) Education of employees in this matter is the responsibility of the supervisor.
Failure to adhere to supervisory direction may cause the employee to be subject
to disciplinary action.
(I) Any deviations from the standard hours worked must be discussed with and.
approved by the City Manager.
11.16 CITY OF SANFORD EMPLOYEE TIME SHEETS
(A) Effective January 11, 1988, the City no longer utilized time clocks. ALL time
and attendance records generated after January 11, 1988 are to be recorded
and maintained in each division on City of Sanford Employee Time Sheets.
(B) Time Sheets will be kept on a timely basis and shall be retained for three (3)
years in each division.
(C) Time cards previously utilized on the time clock system will be kept for a period
of (3) years.
CITY OF SANFORD ]
PERSONNEL RULES & REGULATIONS
(D) Failure to keep time sheets up to date may result in disciplinary action.
(E) Supervisors are responsible for correct and accurate notations on time sheets
which reflect hours worked, sick leave, vacation leave, personal absences, etc.
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CITY OF SANFORD I
PERSONNEL RULES & REGULATIONS
SECTION 12.0
WORKERS COMPENSATION
12.1 WORKERS COMPENSATION
(A) As provided for in Chapter 440.12(1 ) F.S., no Worker's Coml2~nsation payments
shall be allowed for the first seven (7) calendar days of a wor~-related disability.
An employee may use his/her sick leave during this period and charge against
their accrued sick leave one (1 | day for each day absent except as provided for
in the State of Florida Worker's Compensation Law, Section 440.15(11).
(AMENDED BY CITY COMMISSION VIA ORDINANCE NO. 3115.)
(B) If the disability extends beyond seven (7) calendar days, on the eighth (8th)
calendar day the employee will receive Worker's Compensation payments at the
rate of 66 2/3% of his/her average weekly wage (with a maximum amount as
established under F.S. Chapter 440.12(2)(b). The employee may elect to charge
against his/her accrued sick leave, on a proportionate basis, the difference
between the Worker's Compensation payment and his/her regular pay in order
to receive full pay. After 21 calendar days out, Worker's Compensation goes
back and picks up the first seven (7) calendar days. (AMENDED BY CITY
COMMISSION VIA ORDINANCE NO. 3115).
(C) If an employee wishes to use other accrued leave to supplement Worker's
Compensation payments, the employee shall make a request in writing to his/her
Department Head who shall notify the Personnel Office and Finance Department
of the employee's request.
(D) At no time will the combined total of Worker's compensation payment, sick
leave, regular time, or other accrued leave exceed the amount of the employee's
routine scheduled wage.
(E) City of Sanford employees are covered by Workers' Compensation InsuranCe.
The City reserves the right to determine from the attending physician's repdi't
when payment to employees may be terminated.
An employee shall report any injury immediately to his/her Supervisor or person
in charge. There shall be a Notice of Injury (DWC-I) and Accident/Injury
Investigation Report Form filed with the Personnel Director by 2:00 p.m. of the
next work day by the Department Head. This should be part of the
Supervisor/Superintendent administrative duties and there should be no excuse
for not submitting one.
An employee does not earn accrued benefits (i.e. sick leave, vacation leave)
while on Workers' Compensation unless such Workers' Compensation benefit
is being supplemented with accrued leave. In addition, the law prohibits payroll
CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
deduction.
Employees should make arrangements to pay for benefits normally provided
through payroll deductions or these benefits may be lost (i.e. Insurance, Credit
Union, etc.).
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CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
SECTION 13.0
NON-DISCIPLINARY GRIEVANCE PROCEDURE
13.1 GRIEVANCE THAT DOES NOT INVOLVE DISCIPLINE
(A) An employee who wishes to express a grievance may do ~ at any time by
reporting such grievance to his/her immediate Supervisor in writing, using the
City of Sanford "Non-Disciplinary Nature/Grievance Request" form. Grievances
of this nature must be filed within thirty (30) calendar days from the date of the
alleged incident. Issues will be considered as non-c)rievable if not filed within
this time frame.
(B) Every attempt should be made to resolve all grievances of this nature at the
lowest level possible. However, all attempts at resolution must be documented
on the aforementioned form adhering to the time frames as specified.
(C) If the non-disciplinary grievance cannot be resolved at the Department Head
level, the grievance form is to be completed and forwarded intact to the
Personnel Director as specified for further action.
(D) The City Manager will meet with any employee on any grievance at any time to
effect a solution after the above steps have been taken.
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CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
SECTION 14.0
ABOLISHMENT OF POSITIONS AND REDUCTIONS IN FORCE
14.1 GENERAL
Positions may be abolished or reduced in good faith when they are no longer needed
if no replacement is to be made under the same or different class t~|'~. Positions may
also be abolished or reduced for economy reasons when there is not a sufficient
appropriation in the budget. N_~o positions may be abolished or reduced for the purpose
of dismissing an employee for any reason.
When positions are abolished or reduced in gpod faith or for budgetary reasons as
stated above, the following procedures are to be followed:
(A)The Civil Service Board and affected employees shall be advised of the classes
and number of positions to be vacated and the necessity for such action.
(B) If demotions are possible in lieu of layoff/dismissal, these demotions will begin
in the classes within the Department where the positions are to be vacated, in
inverse order of time of promotion or appointment to the affected class or
classes. The employees serving in the class within the Department affected by
reduction for the shortest period of time shall be demoted first. In the event
two (2) or more employees have equal time in the affected class, overall
continuous service with the City shall be the next determining criteria for
demotion. In the event demotions are not possible within the affected
Department due to non-availability of a vacancy next in rank, those employees
may, in lieu of demotion:
(I) Transfer to another Department where a vacancy exists in the same
classification with no loss of rights, privileges, and seniority previously
enjoyed prior to such transfer.
(2) Transfer to another Department where a vacancy exists in a differer~
classification with the same Day ~Jrade providing the City Manager finds
the two (2) classifications sufficiently comparable to permit such
transfer.
(3) Transfer to another Department where a vacancy exists in a different -'
classification with a hiaher pay qrade providing all qualifications for
certification have already been met and providing that there are no
employees already in that Department eligible for promotion to said
vacancy.
(4) Employees who have been demoted in accordance with this rule (does
not include demotion as a result of disciplinary action) will have their
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PERSONNEL RULES & REGULATIONS
names placed on a special "Demotion List". Names on said list shall be
certified for reinstatement to a vacancy in the higher level classification
in the inverse order of demotion. Those employees with the most
seniority in the classification from which demoted shall be reinstated
first. An employee's name shall remain on the "Demotion List" for a
period of twenty-four (24) months. This "Demotion List" takes
precedence over all other lists. ~
(C) If demotions or transfers cannot be accomplished in lieu of layoff/dismissals,
those persons affected shall be laid off and placed on a preferred list of the Civil
Service Board and shall be given priority for re-employment in the event a
vacancy occurs in the Department from which dismissed. This list shall be
referred to as a "Layoff Re-employment List" and shall take precedence over all
other eligible applicants except those employees that have been placed on the
"Demotion List" as described in Section 14.1 (B)(4) above. Those names
appearing on the "Layoff Re-employment List" shall remain on said list for
twenty-four (24) months or until such time as a position in such appropriate
class is offered to that person and is either accepted or refused by the affected
employee.
Persons placed on this list shall be done so on a seniority basis.
(D) The provisions contained in this section shall apply to all regular employees
embraced by the City of Sanford Civil Service System.
(E) Employees who have been dismissed as a result of a reduction in force shall be
considered as eligible for the following special considerations:
(1) Upon the effective date of termination, the employee will be paid for
accrued sick leave at the conversion rate specified in Section 10. Should
this employee return to employment with the City within twenty-four
(24) months from termination, he/she shall be given the one-time option
of "buying back" all or part of this sick leave at the same conversion rate
and cost applicable at the time of termination.
In no case shall this "buy back" exceed the amount applicable at the
time of termination. This option must be exercised within the first sixty
(60) days of reemployment.
(2) Upon the effective date of termination, the employee will be paid for
accrued vacation in accordance with Section 10.
(3) Should the City permit adversely affected employees to engage in "salary
continuation" status prior to the actual effective date of termination,
those employees will be required to use any and all accrued vacation in
accordance with Section 10.
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PERSONNEL RULES & REGULATIONS
The same understanding shall be applied to any accrued "personal leave"
time remaining.
"Salary Continuation" status is a status whereby employees may be
released from reporting to work with the intent of permitting them to
seek other employment. Employees in this status are considered to be
City employees "on call" to return to their City jobs should this be
deemed necessary by their respective Department I-~ads. This status
shall only be granted at the discretion of the City Commission.
While in this status, regular pay shall continue along with City paid
health and life insurance, and paid holidays. All contributions and/or
deductions such as F.R.S., FICA, or City Retirement, etc. shall continue
as usual up to the actual effective date of termination.
(4) Upon the effective date of actual termination, all City-paid health and life
insurance coverage will cease. Employees will have the option to
continue coverage in accordance with existing COBRA Law.
(5) Should a R.I.F. employee return to City employment within twenty-four
(24) months from the effective date of termination, all waiting periods
associated with the use of vacation shall be waived if he/she had already
met the eligibility criteria to take vacation, with prior department head
approval, as it is accrued. If eligibility criteria was not met prior to R.I.F.,
time served prior to the R.I.F. shall be credited toward meeting eligibility.
(6) Should a R.I.F. employee return to City employment within twenty-four
(24) months from the effective date of termination, he/she shall be
required to be employed for the specified periods outlined in Sections
10.5 and 10.6 to become eligible for City-paid health and life insurance
coverage.
(7) Should an employee be terminated due to a reduction in force, all monies.
owed the City for tuition reimbursement shall be waived.
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CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
SECTION 15.0
FORMS OF DISCIPLINARY ACTION
15.1 GENERAL
Disciplinary action may include: :
(A) Suspension
(B) Dismissal
(C) Demotion
(D) Reprimand given orally or in writing
(E) Reduction in compensation without change of classification or grade but not
below the entrance rate for the classification.
All of the above listed forms of disciplinary action (except for oral reprimand) must be
reduced to written format on a "Disciplinary Action Record" form.
15.2 JUST CAUSE
The appointing authority (Department Head/Supervisor) may initiate disciplinary action
against an employee with at least six (6) months full time employment, only for just
cause. Just causes consist of but is not limited to:
(A) The employee has committed an act which violates the criminal laws of the
State of Florida or has been convicted of a felony or of a misdemeanor involving
moral turpitude.
(B) The employee has willfully, wantonly, unreasonably, unnecessarily or throudh
culpable negligence been guilty of brutality or cruelty to a person in custody,
provided the act committed was not necessarily done in self defense or to
protect the lives of others or to prevent the escape of a person lawfully in
custody.
(C) The employee has violated any of the principles of the merit system of these
rules (i.e. consistent poor evaluations of job performance).
(D) The employee has willfully violated any lawful official regulation, order or policy
or failed to obey any proper direction made and given by a Superior Officer or
Supervisor.
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PERSONNEL RULES & REGULATIONS
(E) The employee has possessed, consumed or is under the influence of alcoholic
beverages or controlled substances (As described is F.S.893) while on duty.
(F) The employee has been guilty of insubordination or of disgraceful conduct.
(G) The employee is offensive in his/her conduct or language in public or toward the
public, officials or employees.
(H) The employee is responsible for an intentional act or course of conduct violating
duties or obligations of his/her position.
(I) The employee is careless or negligent with the monies or other property of the
City of Sanford.
(J) The employee has failed to pay or make reasonable provisions for future of
his/her debts to such an extent that such failure be detrimental to the reputation
of the City of Sanford service or the employee's ability to satisfactorily perform
the duties of his/her position.
(K) Failure to maintain a valid Florida Driver's License, CDL License, or other
applicable license when such license is a requirement of the position.
{L) The employee has used or threatened to use, or attempted to use, personal or
political influence in securing promotion, leave of absence, transfer, change in
pay rate, or character of work.
{M ) The employee has induced or has attempted to induce an officer or employee
of the City of Sanford to commit an unlawful act or to act in violation of any
lawful departmental or official regulations or orders.
(N) The employee has taken for his/her personal use from any person any fee, gift
or other valuable thing in the course of his/her work or in connection with it,
when such gift or other valuable thing is given in the hope or expectation of
receiving a favor or better treatment than that afforded other persons.
(O) The employee has engaged in outside activities on Governmental time, or has
used City of Sanford property for personal gain.
(P) The employee has failed to maintain a satisfactory attendance record. Proper
use of sick leave shall not constitute grounds for any disciplinary action.
(Q) The employee has violated a safety rule the violation which resulted in, or had
the potential to damage City property, vehicles or equipment, or result in an
injury to a City employee, other persons or their property.
(R) The employee has refused to submit to alcohol/drug testing based on the
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PERSONNEL RULES & REGULATIONS
standards outlined in Section 18.0 of these rules.
Appeal of a grievance by an employee may not of itself be used as a grounds
for disciplinary action.
15.3 DISCIPLINARY HEARINGS
(A) Whenever a Department Head/Supervisor issues a "Disciplin~'ry Action Record"
a copy of the record must be furnished to the employee involved and the
Personnel Director. The "Disciplinary Action Record" must outline the alleged
offense(s), the dates involved, citation of the Personnel or Civil Service Rules
that have been violated, all pertinent details, and the disciplinary action to be
taken,
(B) Said charges are restricted to actions occurring within two (2) years prior to the
date of the "Disciplinary Action Record" except for charges involving criminal
violations which can be considered as applicable with the provisions of Florida
Law.
(C) Regular employees with six (6) months or more of continuous full time
employment who receive "Disciplinary Action Records", shall have the
opportunity for a pre or post disciplinary hearing before the City's hearing
officer. The Personnel Director shall serve as the City's "Hearing Officer" in all
cases except for cases in which a conflict of interest is apparent. Should
the Personnel Director not be able to serve as "Hearing Officer" due to
conflict of interest, another "Hearing Officer" will be appointed by the City
Manager. Employees with less than six (6) months of continuous full time
employment shall n.o.t be entitled to a disciplinary hearing. The purpose of this
hearing is a review to determine if there is just cause for the disciplinary action.
Employees and supervisors will be allowed to present witnesses and other
documentation during this hearing to support their respective positions.
(D) Immediately upon receipt of a report of disciplinary action against an employee/
the Personnel Director shall notify the employee by registered or certified maii,
or by hand delivery, that he/she will be afforded an opportunity for a disciplinary
hearing before a hearing officer.
(E) Within five (5) calendar days from receipt of the notification of the disciplinary
action, it shall be the employee's duty and responsibility to notify Personnel of
his/her intention to request, or to waive the right to a disciplinary hearing. The
disciplined employee may waive hand delivery or registered/certified mail, and
appear at the Personnel Office and sign a receipt for proper notification of a
request for a hearing.
(F) Failure to notify the Personnel Office within five calendar days shall be
construed as a waiver of any further right to a disciplinary hearing and the
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PERSONNEL RULES & REGULATIONS
action of the appointing authority shall be sustained.
(G) Upon receipt of the request for a disciplinary hearing from the employee, the
Personnel Director shall set a hearing date and immediately notify the disciplined
employee by registered or certified mail, hand delivery or in person. Supervisory
personnel shall also be notified.
(H) Depending on the outcome of the aforementioned hearing,, employees may
request further appeal to the Civil Service Board as prescribed in the Civil
Service Rules provided they have attained one (1) year of servioe with the City
of Sanford and are no longer considered to be on probationary status.
15.4 CAUSES FOR IMMEDIATE SUSPENSION OR DISMISSAL
If the retention of the employee would result in any of the following extraordinary
situations, an appointing authority (Department Head/Supervisor) may immediately
suspend an employee without pay, or dismiss an employee, pending a hearing date.
The following are considered extraordinary situations:
(A) The retention of the employee would result in damage to municipal property.
(B) The retention of the employee would be injurious to the employee
himself/herself.
(C) The retention of the employee would 'be injurious to fellow employees.
(D) The retention of the employee would be injurious to the general public.
(E) The retention of the employee would be detrimental to the interests of the City
of Sanford.
Any of the following situations may be utilized and are examples of the type of
criteria to be utilized to immediately suspend or dismiss any employee:
(1) Intoxication on the job.
(2) Possession of and/or use of alcohol, a controlled substance or illegal
narcotics while on duty.
(3) Commission of an act which constitutes a felony offense or a
misdemeanor involving moral turpitude under the criminal laws of the
State of Florida.
(4) Brutality or cruelty to an employee or to the general public while on duty.
In any of the above situations, a Disciplinary Action Form of the charges shall
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PERSONNEL RULES & REGULATIONS
be furnished to the employee, and the Personnel Office within twenty-four (24)
hours after commencement of suspension or dismissal.
Employees will have the opportunity for a post disciplinary hearing in accordance
with the provisions of Section 15.3.
15.5 CAUSES FOR SUSPENSIONS/DISMISSAL DUE TO VIOLATION OF~.STATE LAW
When an employee has been suspended or dismissed as a result of committing an act
which constitutes a felony offense or a misdemeanor involving moral turpitude under
the criminal laws of the State of Florida and criminal charges are pending against said
employee, and it is considered by the appointing authority (Department
Head/Supervisor) that the retention of the employee would result in damage to
municipal property, would be injurious to the employee himself/herself, to a fellow
employee, to the general public, or would be detrimental to the interests of the City
government, then said employee may request the Personnel Office that his/her
scheduled disciplinary hearing be postponed until such criminal charges have been
disposed of.
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SECTION 16.0
LETTERS OF RECOMMENDATION
16.1 ,GENERAL
It is the policy of the City of Sanford not to issue "letters of recommendation" to any
employee terminating from City employment regardless of reason ~r termination.
All inquiries from external sources are to be referred to the Personnel Director for
handling.
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CITY OF SANFORD ~
PERSONNEL RULES & REGULATIONS
SECTION 17.0
NON-DISCRIMINATION
17.1 GENERAL
The City of Sanford, Florida, recognizes that no person in the United States shall, on
the ground of race, color, national origin, sex, age, disability, religi~'or any protected
status, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination in employment or promotion.
Regarding non-discrimination policy, the City of Sanford Personnel Director shall be the
contact person to coordinate efforts to comply with these regulations.
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PERSONNEL RULES & REGULATIONS
SECTION 18.0
ALCOHOL/DRUG TESTING
18.1 PURPOSE
It is the purpose of this policy to establish and proclaim the City of Sanford's intent to
maintain a "DRUG FREE" workplace. In so doing, the City's ~'eneral operating
procedures prohibit the consumption, possession, or being under the influence of
alcoholic beverages or controlled substances as described in F.S. 893, while on duty.
In addition, it is the City's desire to improve worker's compensation cost control,
increase productivity and safety, decrease absenteeism, decrease health care costs, and
increase overall employee morale.
Alcohol/controlled substance (drug) shall be defined as including distilled spirits, wine,
malt beverages, intoxicating liquors, amphetamines, cannabinoids, cocaine,
phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates,
benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of these
substances. It does not include any prescription drug or medication taken as a result
of a medical doctor's orders.
All current and/or potential, future employees must abide by this policy and
understand that it is a condition of employment to refrain from taking drugs.
Employees who refuse to submit to a test for alcohol/drugs for any cause as
specified in this section will be terminated and forfeit eligibility for medical and
indemnity benefits in cases of work-related incidents. Refusal to submit to such
alcohol/drug test may also result in forfeiture of unemployment compensation
benefits.
18.2 CAUSES FOR TESTING
In keeping with the philosophy of implementing a "DRUG FREE" workplace program,
alcohol/drug testing shall be conducted in each of the following situations:
(A) All job applicants being offered employment.
(B) As part of routine fitness for duty physical.
(C) Follow-up testing on a quarterly, semi-annual, or annual basis for two (2) years
after an employee successfully completes a drug rehabilitation program.
(D) Reasonable suspicion which is defined as follows:
(1) Observable phenomenon while at work such as direct observation of
alcohol/drug use or of the physical symptoms or manifestations of being
under the influence of alcohol/drugs.
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PERSONNEL RULES & REGULATIONS
(2) Abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance.
(3) A report of drug use provided by a reliable and credible source Which has
been independently corroborated.
(4) Evidence that an individual has tampered with a drugstest during their
employment.
(5) Information that an employee has caused or contributed to an
accident/incident while at work applying the standard of reasonable
suspicion as defined in Section 18.2 (D)
Reasonable suspicion alcohol/drug testing shall not be required except
upon the recommendation of a supervisor who is at least one level of
supervision higher than the immediate supervisor of the employee in
question.
(6) Evidence that indicates the employee has used, possessed, sold,
solicited, or transferred alcohol/drugs while working or while on the
employer's premises, or while operating any City vehicle, machinery, or
equipment.
(7} All facts supporting a reasonable suspicion drug testing must be
promptly (within 24 hours) reduced to written format. The original will
be kept confidential and maintained for one (1) year. A copy will be
given to the employee upon request.
18.3 PROCEDURES FOR TESTING
The taking or collection of a specimen to be tested shall be coordinated by the "City's
designated Medical Review Officer" (MRO) or designated alternate possessing the
necessary credentials as follows:
(A) Licensed physician or physician assistant.
(B) Registered professional nurse, licensed practieal nurse, or nurse practitioner.
(C) Certified paramedic present at scene of an accident for purposes of rendering
emergency medical service or treatment.
(D) Qualified person employed by a licensed laboratory.
The MRO or his/her designee shall be responsible for submission of specimen to a
licensed laboratory for testing and for receiving the results of an drug test. Urine shall
be used for the initial and confirmation tests for al[ drugs except alcohol. Blood will be
CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
used for the initial and confirmation tests for alcohol.
All testing result levels equal to or exceeding the Federal and/or State levels of positive
results shall be reported as positive. All such test results shall be automatically
subjected to confirmation testing.
18.4 CHALLENGING TEST RESULTS
It is the responsibility of the employee and/or applicant who wishes to "challenge" test
results to do so by initiating the following procedure:
(A) All tests results are mailed/delivered by the testing laboratory to the Medical
Review Officer. The MRO will provide a copy to the Personnel Director.
Drug testing information is confidential and cannot be released to the public. FL
Statutes 440.102 (8}.
(B} Employees and/or applicants shall be informed, by the Medical Review Officer,
of positive (confirmed} test results, the consequences of such results, and the
options (i.e., contacting the testing laboratory, filing a written explanation with
the MRO, etc.) available to them within five (5) working days of receipt of said
result.
(C) The Personnel Director shall, upon request of the employee and/or applicant,
furnish a copy of the test results to him/her.
(D) It is the responsibility of the employee and/or applicant to notify the testing
laboratory of intent to challenge a test result.
The employee and/or applicant shall be permitted to have a portion of the
specimen retested at their own expense at another laboratory licensed and
approved by H.R.S. This independent test must be of equal or greater
sensitivity for the drug in question.
(E) After an employee and/or applicant receives notice of a positive, confirmed test,
they may, within five (5) working days, submit information to the Medical
Review Officer explaining or contesting, in writing, why the test results do not
violate the City's policy.
The MRO will review the test results and render a determination to either
substantiate or refute said information. Consequently, the results of this
medical review will be provided to the employee and/or applicant in writing.
This information shall be considered confidential and shall be retained by the
City for one (1) year.
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PERSONNEL RULES & REGULATIONS
18.5 CONSEQUENCES OF CONFIRMED POSITIVE TEST RESULTS
(A) Applicants being considered for City employment shall be required to submit to
an employment physical to include mandatory alcohol/drug testing. Applicants
who test positive (after confirmation) shall not be employed by the City.
(B) Any current employee of the City must submit to th~"physical and/or
alcohol/drug testing requirement for those reasons outlined in Section 18.2
(Causes for Testing) and Section 18.7. Failure to do so will result in termination
of employment and forfeiture of worker's compensation and/or unemployment
compensation benefits.
(C) If a current employee tests positive (confirmed) the Department shall
immediately place that employee on sick leave. If there is an insufficient
amount of accrued sick leave available, other available accrued leave shall be
used to cover this absence. If all accrued leave becomes exhausted, the
employee shall be placed on a medical leave of absence ,without pay.
(D) Employees who have been confirmed as testing positive and who have been
referred to a treatment program and who refuse said referral shall be terminated
from employment.
Employees who accept treatment must understand that they are required to
successfully comolete such treatment. Failure to do so will result in termination
from employment.
Employees who accept treatment and successfully complete said treatment will
be required to furnish proof of such successful completion to the Personnel
Director. This proof shall be reviewed by the "Medical Review Officer" in
conjunction with retesting before the employee can be reinstated to on-duty
work status. Employees in this situation are subject to random retesting for a
period not to exceed two (2) years from the date of successful completion of
the treatment program to insure continued and complete recovery.
If, during the course of this two (2| year period, the employee tests positive,
he/she will be terminated from employment.
(E) Special risk employees (Chapter 633 or 943) may be discharged or disciplined
for the first positive confirmed drug test result when illicit drugs pursuant to F.S.
893 are confirmed. No special risk employee shall be permitted to continue
work in a "safety-sensitive" position, but may be placed either in a "non-safety-
sensitive" position (if any is available) or on sick leave status while participating
in an EAP or alcohol/drug rehabilitation program.
If there is an insufficient amount of sick leave available, other accrued leave
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PERSONNEL RULES & REGULATIONS
shall be used to cover any absence while participating in the EAP or other
alcohol/drug rehabilitation program. If all accrued leave becomes exhausted, the
employee shall be placed on a medical leave of absence without pay.
18.6 VOLUNTARY REQUEST FOR TREATMENT
Employees seeking voluntary treatment for alcohol/drug problems L~qd who have not
previously tested positive for drug use, entered an EAP program for drug-related
problems, or entered an alcohol or drug rehab program may do so without consequence
of disciplinary action or discharge assuming that they have not been involved in any
other aspect covered under Section 18.2.
Employees in this category shall be required to use any and all accrued sick leave and/or
other accrued leave to cover absences during treatment. Once accrued leave is
exhausted they shall be placed on a medical leave of absence without pay for the
appropriate period of time to be determined as outlined in Section 18.5(C)(2).
It is to be understood that these employees are expected to successfully complete the
treatment program furnishing proof of successful completion to the Personnel Director
and that return to employment is contingent upon medical certification of fitness for
duty and random testing for a period not to exceed two (2) years.
18.7 SAFETY-SENSITIVE POSITIONS
In accordance with the provisions of Title 49 CFR standards of the Federal Department
of Transportation (DOT} and the "Omnibus Transportation Employee Testing Act of
1991" al._Jl employees required by their job descriptions to perform "safety-sensitive"
position duties shall be subject to the drug and alcohol testing programs contained
therein.
(A) "Safety-sensitive" positions are positions which require employees to:
(1) Operate, or be immediately available and in a state of readiness to
operate, a commercial vehicle requiring a class A,B, or C (CDL).
or
(2) Supervise employees who operate commercial vehicles and who are
required by the nature of their supervisory duties to maintain Class A,B,
or C (CDL).
(B) In addition to the general prohibitions regarding the consumption, possession,
or being under the influence of alcoholic beverages or controlled substances as
outlined in Section 18.1 of this policy, further prohibitions regarding safety-
sensitive positions include:
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PERSONNEL RULES & REGULATIONS
(1) No employee shall perform duties in a safety-sensitive function within
four (4) hours of using alcohol.
(2) No employee required to submit to a post-accident alcohol test shall use
alcohol for eight (8) hours following the accident or until the driver
undergoes the required post-accident alcohol testing, whichever occurs
first.
(3) No employee shall refuse to submit to a post-accident, random,
reasonable suspicion, or follow-up alcohol or controlled substance test.
Refusal to submit to such testing includes failure to provide adequate
breath and/or urine testing without a valid, medical explanation by a
medical physician.
(C) Testing: All employees filling, or applicants being considered for, safety
sensitive positions shall be tested for substance and/or alcohol
use in accordance with the following:
(Note: Urine shall be used for the initial and confirmation tests for
all drugs except alcohol. Breath testing shall be used for the
initial and confirmation tests for alcohol.)
(1) Pre-emolovment testing: All applicants for safety sensitive positions
shall be tested for alcohol and controlled substance use prior to final
consideration for hire.
{2) Post-accident testing: An employee who is operating a commercial
vehicle involved in an accident while on duty that results in the loss of
life or who receives a moving violation citation while operating a
commercial motor vehicle while on duty shall submit to an alcohol and
controlled substance test as soon as possible after the accident or
receipt of a moving violation citation.
When reporting the accident, the employee is required to report wheth~r
the accident resulted in the loss of life or moving violation. It is then the
responsibility of the supervisor to arrange testing.
If the alcohol use test is not administered within two hours following the
accident, the supervisor shall document, in writing, the reasons the test
was not administered within that time. If the alcohol test is not
administered within eight {8) hours following the accident or the
controlled substance test is not administered within 32 hours following
the accident, no such tests shall be conducted. The supervisor shall
document, in writing, the reasons the tests were not conducted within
the required time frame.
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PERSONNEL RULES & REGULATIONS
Drivers who are subject to this post-accident testing shall remain readily
available for the test or may be deemed to have refused the tests.
However, drivers shall not be prohibited from leaving the scene of the
accident for the period of time necessary to obtain assistance in
responding to the accident or to obtain necessary emergency medical
care.
The results of alcohol or controlled substance test~' administered by
Federal, State or local officials having independent authority for the test
may be used to satisfy the requirements set forth in the Omnibus
Transportation Employment Training Act of 1991 and the D.O.T.
regulations thereunder, provided the tests comply with applicable
Federal, State, or local requirements and the results of the test are
obtained by the city.
(3) Reasonable suspicion testing: It will be the responsibility of supervisors
to monitor employees in safety sensitive positions for alcohol and
controlled substance use. When a supervisor has reasonable suspicion,
based on the training provided, that an employee in a safety sensitive
position is under the influence of alcohol or a controlled substance, the
supervisor shall require reasonable suspicion testing of the employee.
The required test(s) shall proceed as follows:
(A) The supervisor will inform the employee of the suspicion of
influence of alcohol and/or controlled substance.
* Bargaining unit employees may request union representation in
accordance with the current labor agreement; however, this
request shall not delay the testing procedure.
(B) The employee shall immediately stop performance of the safety
sensitive position duties.
(C) The supervisor will contact the Personnel Director to arrande
testing of the employee during normal working hours (8:30 a.m.
to 5:00 p.m., Monday through Friday). Outside of normal
working hours, the testing facility selected for hours other than
normal working hours will be determined by the Medical Review
Officer.
(D) A person designated by the Department shall transport the
employee directly to the designated testing facility. After the
appropriate testing has been completed, the employee shall be
transported to his/her place of residence. The employee shall be
required to use accrued leave or compensatory time, or shall be
in an unpaid status if the employee has no such leave available,
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PERSONNEL RULES & REGULATIONS
tO account for any time remaining on his/her shift. Such time
shall be reimbursed if the results of the reasonable suspicion test
are negative.
If the alcohol use test is not administered within two hours
following the accident, the supervisor shall document, in writing,
the reasons the test was not administered withj.O. that time. If the
alcohol test is not administered within eight (~i} hours following
the accident or the controlled substance test is not administered
within 32 hours following the accident, no such tests shall be
conducted. The supervisor shall document, in writing, the
reasons the tests were not conducted within the required time
frame.
(E) The employee can come back to work if the blood alcohol level
is less than 0.02 or if 24 hours has elapsed since the test was
taken.
(F) A written "Reasonable Suspicion Testing Report" must be
completed by the supervisor who made the determination of
reasonable suspicion within 24 hours of the observed behavior or
before the results of the test are released, whichever is later.
Such report shall be forwarded to the Personnel Director.
(4) Random TestincJ: On an annual basis, a minimum of 25% of the
average number of CDL~required positions in the City will be
administered random alcohol tests. Likewise, a minimum of 50% of the
average number of CDL driving positions in the City shall be
administered random controlled substances testing.
The selection of drivers for the random testing shall be made using a
system that will randomly select CDL drivers from the City's authorized
driver list. Under this selection process each driver shall have an equa[
chance of being tested each time selections are made.
The random alcohol and controlled substances tests shall be
unannounced and the dates and times of the testing shall be spread
reasonably throughout the year. There shall be a sufficient number of
these tests to meet the minimum percentage of tests required under the
law.
The Personnel Director shall notify the supervisor of each driver selected
for random testing. The supervisor shall be responsible for seeing that
the driver is immediately relieved of any safety sensitive functions and
immediately sent or taken to the test site.
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PERSONNEL RULES & REGULATIONS
(5) Return-to-Duty: The City must ensure that before a driver returns to
duty in a safety sensitive position after engaging in prohibited conduct
the driver shall undergo a return-to-duty test which shall be supervised
by a substance abuse professional, Medical Review Officer, or City
Physician.
(6} Follow-up: Drivers who have been determined ~ be in need of
assistance in resolving problems associated with alcoh"~l misuse shall be
subject to unannounced follow-up testing as directed by the "substance
abuse professional", Medical Review Officer, or City Physician.
(D) Discinlinary Action: An employee who violates any of the aforementioned
alcohol misuse or controlled substances use prohibitions shall be removed
immediately from performing duties in their safety sensitive position. An
employee whose test results indicate an alcohol concentration of 0.02% or
greater but less than 0.04% shall be prohibited from returning to a safety
sensitive position until the start of the employee's next regularly scheduled duty
period but not less than 24 hours following the administration of the test. An
employee whose test results indicate an alcohol concentration of 0.04% or
greater shall not return to work until a return-to-duty test has been administered
with a result of less than 0.02% alcohol concentration. When test results
indicate the use of alcohol or controlled substances by the employee,
disciplinary action shall be undertaken in accordance with the Personnel Rules
and Regulations, or the current labor agreement for bargaining unit employees.
Supervisory personnel who administer this policy in a manner inconsistent with
procedural guidelines shall be subject to disciplinary action.
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CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
SECTION 19.0
AIDS POLICY
19.1 GENERAL
It is the policy of the City of Sanford that employees with AIDS, A~C, or HIV not be
excluded from attending to their customary employment so long as such employees are
physically able to perform tasks assigned them, and as long as said employment does
not create a substantial risk of the transmission of illness to citizens or other employees
of the City of Sanford.
Any person with AIDS, ARC, or HIV shall have every protection made available to
handicapped persons under Section 504, Public Law No. 921-12 of the Rehabilitation
Act of 1973.
No person may require an individual to take an HIV related test as a condition of hiring,
promotion, or continued employment, unless the absence of HIV infection is a bona fide
occupational qualification for the job in question.
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CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
SECTION 20.0
SEXUAL HARASSMENT
20.1 GENERAL
It is the policy of the City of Sanford that all employees should be al~q to enjoy a work
atmosphere free from all forms of discrimination, including sexual ~rassment.
Sexual harassment infringes on an employee's right to a comfortable work environment
and is a form of misconduct that undermines the integrity of the employment
relationship. No employee (male or female} should be subjected to unsolicited and
unwelcome overtures or conduct either verbal or physical from supervisors or co-
workers.
Sexual harassment refers to conduct that is offensive to the individual, that harms
morale, and that interferes with the effectiveness of operations, Such conduct is
prohibited and includes offensive sexual flirtations, advances, patting, pinching,
touching, leering, obscene gestures, or propositions; verbal abuse of a sexual nature;
explicit or degrading verbal comments about another individual or his or her appearance;
telling of sexual jokes; the display of sexually suggestive pictures or objects; or any
offensive or abusive physical conduct.
Other impermissible conduct includes the taking of any personnel actions on the basis
of an employee's submission to or refusal of sexual overtures. No employee should so
much as imply that an individual's "cooperation" will have any effect on the individual's
employment, compensation, advancement, career development, or any other condition
of employment.
The City will take immediate disciplinary action against any employee engaging in
sexual harassment. Such action may include, depending on the circumstances,
suspension, demotion or discharge.
(A) Allegations of sexual harassment which involve "law enforcement officers" shall
be processed and handled in accordance with the "Law Enforcement Officer's
Rights" as specified in F.S. 112.532.
(B) Allegations of sexual harassment which involve any other employee of the City
of Sanford shall be processed and handled in accordance with the following
procedure.
INFORMAL PROCEDURE
The complainant may elect to have the complaint and its disposition handled according
to the following procedure:
CITY OF SANFORD I
PERSONNEL RULES & REGULATIONS
STEP 1
The individual alleging sexual harassment will report the incident to the Personnel
Director and will be interviewed to discuss the allegations. If said allegations are made
to any other person, the matter must be directed immediately to the Personnel Director.
In the absence of the Personnel Director or in the event the Personnel Director is the
alleged harasser, the incident shall be reported to the City Manager~
STEP 2
The Personnel Director shall make the accused aware of the specific nature of the
complaint, interview the accused and interview any other persons the accused may
suggest to obtain additional information of the facts surrounding the complaint.
STEP 3
The Personnel Director will inquire of the complainant and the accused as to any mutual
resolution of the problem which may be acceptable between the parties at that point.
If the parties agree upon an acceptable resolution of the complaint, the matter shall be
closed.
STEP 4
If the parties do not agree on an acceptable resolution of the problem, the complainant
shall be advised that further processing of the complaint will require that the
complainant file a written complaint and the following formal procedure will be used:
FORMAL PROCEDURE
STEP 1
Any employee who believes that he or she is or has been the subject of sexual
harassment or any employee who is aware of sexual harassment against a fello~
employee and who is unable to reach agreement concerning the resolution of th~
problem through the informal procedure or who does not elect to utilize the informal
procedure may file a written complaint with the Personnel Director. In the absence of
the Personnel Director or in the event the Personnel Director is the alleged harasser, the
incident shall be reported to the City Manager. Upon receipt of the written complaint,
the Personnel Director shall interview the complainant for the purpose of obtaining any
addition facts that may be needed to supplement the complaint.
STEP 2
Within two (2) working days after receiving the signed written statement, the alleged
harasser will be called to the Personnel Office, be given a copy of the signed written
statement, and informed of the seriousness of the allegations. The Personnel Director
CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
will review with the alleged harasser the City policy and indicate that a formal charge
of harassment has been made. The alleged harasser will then have the opportunity to
refute the allegations by responding verbally and in a written statement if he or she has
not already done so as part of the informal procedure.
STEP 3
The Personnel Director will meet with the alleged harasser's Departr~snt Head and the
City Manager to discuss the seriousness of the allegations. If the evidence warrants,
the alleged harasser will be disciplined according to the procedures as outlined in the
Personnel Rules and Regulations with all due opportunity afforded through the
Disciplinary Hearing and Appeal process.
STEP 4
if the allegations prove not to constitute sexual harassment, the alleged harasser will
be advised of the decision in writing.
An employee who is found to have knowingly filed a false sexual harassment complaint
will be subject not only to disciplinary action by the City up to and including discharge,
but may also be held personally liable for his or her misconduct through civil suit by the
injured employee and may be criminally prosecuted under Florida Statutes.
Should it be confirmed that the allegations of sexual harassment are valid, the employee
found to have sexually harassed an employee will be subject to any of the disciplinary
steps up to and including dismissal.
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