3409 ORDINANCE NO. 3409
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING
ORDINANCE NO. 3324 AND ITS AMENDMENTS TO AMEND SECTION
10.9(F) OF THE CITY'S PERSONNEL RULES AND REGULATIONS TO
PROVIDE FOR THE METHOD FOR REPAYMENT OF EDUCATIONAL
EXPENSES; AMENDING ORDINANCE NO. 3324 AND ITS AMENDMENTS
TO AMEND SECTION ll.15(A) OF T!:lE C1TY'S PERSONNEL RULES AND
REGULATIONS TO EXCLUDE LEAVE TIME AS "HOURS WORKED" IN
OVERTIME CALCULATIONS AND ADDING A PROVISION FOR
"GARCIA OVERTIME"; PROVIDING FOR SEVERABILITY, CONFLICTS
AND EFFECTIVE DATE, APPLICABLE TO ALL CITY EMPLOYEES
EXCEPT THOSE EMBRACED BY EXISTING COLLECTIVE
BARGAINING AGREEMENT(S) IN EFFECT.
WHE~REAS, it is the desire of the City Commission of the City of Sanford, Florida to amend
Section 10.907) and Section 11.15(A) of the existing Personnel Rules and Regulations to clarify the
method for repayment of educational expenses and to exclude leave time as "hours worked".
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: That Ordinance No. 3324 and its amendments thereto are hereby amended in
that Section 10.907) of the Personnel Rules and Regulations is amended and replaced by the Section
10. 907) attached hereto as Exhibit "A", incorporated herein by reference, and hereby adopted.
SECTION 2: Ordinance No. 3324 and its amendments thereto are hereby amended in that
Section 11.15(A) of the Personnel Rules and Regulations, is amended and replaced by the Section
11.15(A) attached hereto as Exhibit "A", incorporated herein by reference, and hereby adopted.
SECTION 3: 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
action or part of this Ordinance.
SECTION 4' That all Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby revoked.
SECTION 5: That this Ordinance shall become applicable and effective immcdiately upo
all employees of the City of Sanford except those employees embraced by existing collective
bargaining agreement(s) in effect at the time of this Ordinances passage and adoption. FIRST READING this ~4l'dayof % , 1998.
PASSED AND ADOPTED this / day of ,1998.
ATTEST:
/n~et~. Dmlgherty, C~ //a~r~/. e, ayor
AS THE CITY COMMISSION OF THE
CITY OF SANFORD, FLORIDA
CmR*~'rI~'rCA,i,!~.
I, Janet R. Dougherty, City Clerk of the City
~les~8~anf~&~d~409:nah Of Sanford, Florida, do hereby certify that a
true and correct copy of the foregoing
Ordinance NO. 3409, PASSED and ADOPTED by the
City Commission of the City of Sanford, Florida, on
the 13th day of 'July, 1998 , was POSTED at the
front door of the City Hall in the City of Sanford,
Florida, on the 14-th day of July , 19 98 .
~As the City Cl
city of Sanford, Florida
Ordinance No. 3409
Pa0e 2 of 2
EXHIBIT "A" ~"~
CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
year.
Receipts for all eliqible costs must be attached to the educational
assistance request form in order to be considered for reimbursement.
(El TERMS OF AGREEMENT
Once final approval by the City Manager has been obtained, a copy of
the request form will be returned to the employee along with a
reimbursement check for one-half (¼) of eligible costs up to a maximum
of $75 per credit hour to include eligible tuition, testing and laboratory
fees. The remaining one-half (~) shall be reimbursed to the employee
after the employee has completed the course work and 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 while someone is still
employed by the City of Sanford, 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 twelve (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 by lump sum repayment, such repayment is encouraged,
In the case of death, or upon "normal retirement" as defined in Section
8.1 (D) of the Personnel Rules and Regulations, any remaining liability for
repayment to the City shall be waived.
CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
In the case of someone terminating employment with the City by reasons'
of resignation or dismissal (voluntary or !nVo. luntary) and not due'to death~
0~ normal retirement, and ~who owes the City for .repayment .'of~
educational assistance, .such repayment shall be made from any accrued~
sick leave or vacation leave cash benefits due that employee'at the ~ime~
'of termination..Any amount owed over and above :those accrua| :be~fi~
, must :'bel'paid to the City in full within a twelve (12) month period in~'
twelve (12) equal, monthly installmentS~
The al~plication program participation shall provide an agreement to be
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
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 employees.
(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 pav 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, personal
leave or compensatory time, those hours off are not to be considered as hours
worked for payroll and overtime purposes. However, holidays s.hall count for
payroll and overtime purposes. However, in the event a firefic~hter takes leave
time during a120 hour/14 day cycle, the first fourteen (14) hours of such leave
time will be calculated at time and one-half (overtime rate) to ensure the
application of 'Garcia Overtime".
(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
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CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
approved paid absence is either unavailable due to ineligibility or exhausted.
(AMENDED BY CITY COMMISSION VIA ORDINANCE NO: 31.~15)
(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,
(El 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 thinq 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.
(El 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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