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3362 ORDINANCE NO. 33&,2 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3324, TO DELETE SECTION 8.1 OF THE CITY'S PERSONNEL RULES AND REGULATIONS AND ADOPTING AN AMENDED SECTION 8.1; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. WHEREAS, it is the desire of the City Commission of the City of Sanford, Florida, to delete Section 8.1 of the existing Personnel Rules and Regulations and to adopt an amended section. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: The City Commission adopts statements above as if fully set forth herein. SECTION 2: That Section 8.1 of the Personnel Rules and Regulations adopted by Ordinance No. 3324, and amendments thereto, is hereby rescinded. SECTION 3: That Section 8.1 of the Personnel Rules and Regulations which is attached hereto as Exhibit "A" is incorporated herein by reference are hereby adopted. SECTION 4: If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this Ordinance, SECTION 5: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 6: That this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this 22nd Day of September, A.D. 1997. AS THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA CITY OF SANFORD PERSONNEL RULES AND REGULATIONS SECTION 8.0 PERSONNEL ACTIONS 8.1 GENERAL During the normal course of employment a number of personnel-related actions are likely to occur. AI__I such actions shall be reported via the completion of the City of Sanford's "Change in Status" form. N__o change in an employee's status shall be considered officially "approved" without the final approval of the City Manager or appropriate designee. Personnel actions which are tied to pay are addressed and discussed in the Classification & Pay Plan Administrative Guidelines. (A) TRANSFER (1) A transfer is an action whereby an employee is moved laterally from a position in one Department or Division to a position in another Department or Division within the same classification and pay grade. (2) A voluntary transfer may be initiated by any employee by simply applying for such consideration via formal application in response to a specific position vacancy. Such transfer requests are not to be interpreted as implying any obligation on the part of the gaining hiring authority. (3) An involuntary transfer may occur when unusual or emergency circumstances exist that warrant such consideration. Situations involving actions such as this must be discussed with the Personnel Director and must subsequently be approved by the City Manager prior to becoming effective. Involuntary transfers may be of a temporary or permanent nature. Regardless, all work orders and procedures applicable to the new assignment become applicable to the employee being transferred. (4) Transferred employees shall retain their existing "Date of Classification". (5) Whenever a transfer action occurs, the losing Department/Division shall initiate a performance evaluation form on the transferring employee. The evaluation's purpose is to provide the gaining Department/Division with performance information which may be helpful in accomplishing that employee's next formal performance review. CITY OF SANFORD PERSONNEL RULES AND REGULATIONS (6) N__go transfer action shall be initiated which is intended to constitute a disciplinary action. (B) RESIGNATION A resignation is a voluntary action initiated by an employee intended to terminate the employer-employee relationship between said employee and the City of Sanford. Resignations shall normally be submitted in writing providing for an effective date. The oriainal request shall be forwarded to the Personnel Director along with the appropriate "Change in Status" form and a "terminal pay computation" prior to the effective date of the resignation. It is the Department's responsibility to ensure that all City property is returned to the City as appropriate. Employees who wish to resign should take care to provide proper notice. Proper notice is considered to be ten (10) working days prior to the final work day. Notices of less than ten (10) working days will adversely affect monies due for accrued sick leave and accrued vacation leave. (See "Benefits" Section). (C) JOB ABANDONMENT Absence from work for the equivalent one (1) work week without proper notice or approval by the Department shall be considered as job abandonment and the employee shall be subject to immediate dismissal. Actions of this nature shall be reported via the "Change in Status" form under the categories "Other Job Abandonment" and "Dismissal". (D) RETIREMENT An employee will be considered as retirement eligible upon meeting one of the following criteria: (1) GENERAL EMPLOYEES: (Hired prior to January 1, 1996) (a) Completed ten (10) years of service with the City and attained the age of 62 or older; or (b) Meet the existing provisions of the Florida Retirement System and completed ten (10) years of service with the City. CITY OF SANFORD PERSONNEL RULES AND REGULATIONS (2) PUBLIC SAFETY EMPLOYEES: (a) Sworn police personnel must have met the criteria outlined in Chapter 185 F.S. and City Ordinance No. 1688. (1) Normal retirement provisions currently include completion of twenty-five (25) years of service with the City or attainment of age 55 with ten (10) years of service with the City; or (2) Early retirement provisions currently include completion of ten (10) years of service with the City and attainment of age 45. (b) Certified fire personnel must have met the criteria outlined in Chapter 175 F.S. and City Ordinance No. 1689. (1 } Normal retirement provisions currently include completion of twenty-five (25) years of service with the city or attainment of age 60 with ten (10) years of service with the City; or (2) Early retirement provisions currently include completion of ten (10) years of service with the City and attainment of age 45. (3) General employees and elected officials hired on or after January 1, 1996 must meet the criteria for retirement as outlined in City Ordinance No. 3279 and its amendments. (a) Normal retirement provisions currently include completion of ten (10) years of service and the attainment of age 62 or the completion of thirty (30) years of service regardless of age; or (b) Early retirement provisions currently include that the early retirement date shall be the first day of the month coincident with or next following the completion of ten (10) years service regardless of age. (Note - the aforementioned criteria is also applicable to general employees hired by the Sanford Airport Authority (Dependent Special District) on or after January 1, 1996). (4) Certified firefighters hired by the Sanford Airport Authority (Dependent CITY OF SANFORD PERSONNEL RULES AND REGULATIONS Special District) on or after January 1, 1996 must meet the criteria for retirement as outlined in City Ordinance No. 3279 and its amendments. (a) Normal retirement provisions currently include completion of ten (10) years of service and the attainment of age 55 or the completion of twenty-five years of service regardless of age; or (b) Early retirement provisions currently include that the early retirement date shall be the first day of the month concident with or next following the completion of ten (10) years of service regardless of age. (E) DISMISSAL Generally, a dismissal is an action initiated by the employer intended to terminate the employer-employee relationship between the City of Sanford and a specific employee. (1) A dismissal action initiated by the Department within the first six (6) months of employment may be accomplished with or without cause with a minimum of one (1) day notice. (2) A dismissal action initiated by the Department after the completion of six |6) months of employment must be accomplished only for reasons associated with specific cause. * Please refer to the "Benefits Section and Disciplinary Section" for related information. (F) LEAVES OF ABSENCE From time to time situations may arise that warrant consideration of placing an employee on a "Leave of Absence". Generally, actions of this nature are rare and must involve unusual or extenuating circumstances. Leaves of Absence may be accomplished with or without pay depending on the situation. (1) Without Pay - Consideration for Leaves of Absence without pay is contingent upon reason, exhaustion of all other accrued leave as appropriate, and ultimate approval of the City Manager via the approval process as specified on the "Change in Status" form. Under no circumstances will a Leave of Absence without pay be granted which exceeds ninety (90) calendar days without extreme circumstances being involved or unless the situation meets the criteria for extended CITY OF SANFORD PERSONNEL RULES AND REGULATIONS Leave of Absence without pay as prescribed by Federal, State, or Local Law. * See Section 11.1 (I) for related information. (2) FAMILY/MEDICAL LEAVE (FML) (a} Effective August 5, 1993, eliqible employees shall be able to request uo to twelve (12) weeks, job-protected leave per year for the following purposes: 1. Birth and care of the employee's child. (Includes prenatal medical care necessity). 2. Placement of a child with the employee for adoption or foster care. (Includes pre-placement necessity). 3. Employee's need to care for a child, spouse, or parent who has a serious health condition. 4. Employee is unable to perform the functions of his/her position because of a serious health condition. (Note - Adoption/Foster Care does not include voluntary care or informal placement situations between individuals.) (b) For the purpose of this policy, the following definitions shall be applicable for consideration of approval for all requests for leave of this nature. (1) Serious Health Condition - Illness, injury, impairment or physical/mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility or, continuing medical treatment by a health care provider. In cases whereby the "serious health condition" involves the employee, such condition must render the employee unable to perform the functions of his/her position. (2) Parent - The biological parent of the employee or someone who functioned as a parent to the employee when the employee was a child. This includes in Ioco Darentis situations regardless of whether or not there was an actual "legal" relationship that existed. (3) Child - Biological, adopted, or foster child, a step-child, a legal ward, or a child of the employee standing in Ioco CITY OF SANFORD I PERSONNEL RULES AND REGULATIONS parentis who is under 18 years of age or 18 years of age or older and who is incaoable of self-care because of a mental or physical disability. (4) Eligible Employees - Employees who have been employed by the City of Sanford for at least 12 months at the time this leave is requested and have worked at least 1,250 hours during the 12 month period preceding the reouested leave. (c) Duration of Leave (1) The maximum duration of leave entitlement associated with this policy is the equivalent of twelve (12) normal work weeks in any twelve (12) month period. Such leave need not be taken in a consecutive 12 week period. Such determinations shall be based upon the specific medical condition applicable. (2) Requests for FML which involve serious health conditions requiring intermittent leave or a reduced work schedule may result in the affected employee being temporarily transferred. Such transfer shall be permitted at the discretion of the affected Department Head as long as such transfer is to a position with equivalent pay and benefits. (3) In cases whereby this type of leave involves the birth, adoption, or placement of an empioyee's child, such leave shall not be granted unless taken within one (1) year of said birth, adoption, or placement. (Note - This restriction is not applicable to "serious health conditions" situations). (d) Exhaustion of Accrued Leave Employees requesting leave in accordance with this policy will be required to exhaust al._Jl accrued leave in conjunction with such requests as follows: (1) Serious Health Conditions - Employees will be required to exhaust all accrued personal leave and vacation leave (in CITY OF SANFORD PERSONNEL RULES AND REGULATIONS that order) before being placed on a leave without pay status. (This assumes that the serious health condition does not involve the employee directly). (2) Birth or Placement - (Which do not involve serious health conditions) - Employees will be required to exhaust all accrued personal leave and vacation leave (in that order) before being placed on a leave without pay status. (3) Employees may not use accrued sick leave for these types of situations except as applicable to the employee's own medical situation. (4) Employees shall not be required to use accrued compensatory time in situations as described in Section D (1)(2) outlined above. (5) As specified in Section (c), the maximum duration of leave entitlement under this policy is the equivalent of twelve (12) normal work weeks in any twelve (12) mont period. This maximum duration shall consist of the total of all accrued leave used as specified above in addition to the time used while on leave without pay status in connection with this type of request. (e) Required Notice In situations whereby leave is requested in accordance with this policy, employees will be required to provide thirty (30) days notice to their Department Head prior to the date the leave is to begin. This notice requirement assumes the need for FML is foreseeable. If the need for such leave is unforeseeable, notice to the Department Head must be given as soon as practicable, ordinarily within two (2) working days. (f) Sufficient Certification (1) In situations whereby leave is requested under the auspices of this policy which involves "serious health conditions", it is the employee's responsibility to provide sufficient medical certification to the City within fifteen (15) calendar days from the date the leave is requested, CITY OF SANFORD PERSONNEL RULES AND REGULATIONS which specifically address all of the following elements: (a) The date on which the serious health condition commenced. (b) The probable duration of the condition. (c) The appropriate medical facts regarding the condition. (d) If applicable, the estimated amount of time that the employee is needed to provide care for the affected child, spouse, or parent. (e) If applicable, a statement that the employee is unable to perform the functions of the position the employee holds. (f) If non-consecutive (intermittent) leave is applicable, a statement of the dates and/or times when such treatment is expected to be given and the duration of such treatment. Such certification will be considered "confidential" in nature. Said certification shall be forwarded to the Personnel Director immediately after the Department has taken the appropriate action regarding the employee's request. Such certification is to be provided via completion of the Wage & Hour Form (WH-380). These forms are available in each Department or from the Personnel Office. All costs associated with providing the aforementioned certification to the City shall be borne entirely by the employee requesting this type of leave. (2) In cases whereby the City has reason to doubt the validity of the aforementioned certification, the City shall, at its discretion, reserve the right to pursue and obtain a second opinion. Such second opinion shall be pursued, at City expense, through an appropriately licensed physician of its choice. CITY OF SANFORD PERSONNEL RULES AND REGULATIONS (Note - The City Physician shall not be used for this purpose.) If such second opinion differs from the initial opinion, the City may, at its discretion and expense, require a third opinion. This third opinion will be pursued through an appropriately licensed physician jointly approved by both the City and the employee involved. The result of this third opinion shall be considered bindinq and final in terms of its conclusion on both the employee and the City. (3) The City reserves the right to require that the employee obtain subsequent recertification on a reasonable basis. (4) In situations whereby the serious health condition involves the emolovee personally, it is the employee's responsibility to provide adequate medical certification as to "fitness" at the time the employee returns to work status. (5) Certification for situations which do not involve serious health conditions (i.e., birth or adoption, or placement) will require appropriate documentation of same. Such certifications may include, but not be limited to, providing a copy of birth records, adoption records, etc., as appropriate. (g) In cases whereby both spouses are employed by the City, leave taken in conjunction with this policy which involves birth, placement (adoption), or foster care, shall be limited to an ac~qrecjate total which equates to a total of twelve (12) normal work weeks during any twelve (12) month period. (h) Health Insurance Benefits During the period of FML associated with this policy, the City shall maintain the employee's City paid health insurance premiums and benefits just as if no such leave had taken place. This applies regardless of whether or not such leave is on a paid or unpaid basis and such maintenance shall be applicable uo to the twelve (12) normal work week maximum duration as specified in this policy. In the event that an employee fails to return to work after the approved period of eligible leave has expired, the City may seek CITY OF SANFORD PERSONNEL RULES AND REGULATIONS to recover any and all premiums paid by the City for maintaining the employee's City-paid health insurance premiums and benefits while the employee was in an unoaid status. Such recovery will not be sought in situations whereby the employee's failure to return to work was as a result of the continuance, recurrence, or onset of a serious health condition or other circumstances beyond the employee's control. (i) Other Benefits (1) Life Insurance - The City shall maintain the employee's city paid life insurance premiums and benefits in the same manner as outlined in Section (H) above. However, it shall be the employee's responsibility to make payments to the City as appropriate for all optional/supplemental life insurance premiums not considered to be City paid. (2) Other Insurance - The employee is responsible for the payment of all other insurance premiums (i.e. dependent health insurance, dental insurance, etc.} not considered to be City paid. (3) Employees must make arrangements with the Benefits Office orior to taking leave associated with this policy in order to ensure uninterrupted benefit coverage of non-City paid benefits. All applicable premium payments (non-City paid) shall be due within thirty (30) calendar days from the first working day of the month which necessitates such payment. Failure to do so will jeopardize continued coverage. (4) Retirement/Pension - Leave taken in relation to this provisions of this section shall not constitute a breech of service for retirement or pension purposes. However, it is the employee's responsibility to make any contributions to said retirement or pension plan as they would normally be responsible for making had no such leave been taken. (Note - Employees shall not be entitled to the continuation of accrual of other benefits such as sick leave, vacation CITY OF SANFORD PERSONNEL RULES AND REGULATIONS leave, etc. for any month in which they are totally on leave without pay status) (j) Restoration to Position Upon return to work after the approved period of leave has expired, an employee shall be entitled to restoration to: (1) The position of employment held by the employee when the leave commenced; or (2) An equivalent position with equivalent benefits, pay, and other terms and conditions of employment. (3) Restoration does not imply "favored status". (i.e., more rights, benefits, or employment beyond which the employee was previously entitled.) (k) Payroll Reporting All leave taken by employees as a result of the provisions of this policy shall be annotated as appropriate on the applicable payroll reporting sheets. Department Heads are responsible for ensuring that such documentation is accomplished. In addition, Department Heads are responsible for the timely submission of the "Change In Status" form should such leave result in leave without pay status. (G) SUSPENSIONS Generally a suspension is an action resulting from a disciplinary action initiated by the Department against a specific employee for a specific cause. Suspensions are considered to be a severe form of disciplinary action and may be accomplished with or without pay depending on the situation. * Please refer to the "Benefits" Section and "Disciplinary" Section for related information. The remainder of this page intentionally left blank.