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Home My WebLink AboutO-2004-019 Appellate Procedure re Civil Service Rules0 ORDINANCE NO. 2004-019 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 2-5 OF THE CITY CODE OF ORDINANCES AND ADOPTING NEW RULES PERTAINING TO THE COMPOSITION AND DUTIES OF CIVIL SERVICE BOARD; ESTABLISHING AN APPELLATE PROCEDURE FOR HEARINGS BEFORE THE BOARD; ESTABLISHING AN ADMINISTRATIVE CODE PERTAINING TO EMPLOYEE BENEFITS AND WORK -RELATED MATTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 2-5 of the City Code of Ordinances is amended to read 6 as follows: Sec. 2-5 Adoption of civil service rules. A plan E)f GiVil sery for grievance and appellate rights for the benefit and protection of both the municipality and the eligible employees of the city is heFeby adopted upon the effective date of this section with such plan to be GE)R6"steR with composed of all of the requirements and Fegula set forth in the "Civil Service Rule—S"T a copy of which is attached to QrdinaRGe NurnbeF 11 88 this ordinance and marked as Exhibit W "One". The -Such Civil Service Rules, are heFeby adopted by this reference. Section 2. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. ORDINANCE NO. 2004-019 Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. That this ordinance shall be in force and take effect immediately upon adoption. PASSED AND ADOPTED on first reading on April 27, 2004. PASSED AND ADOPTED on second reading on May 12, 2004 ATTEST: C� kv-, t,� --,� ") LOUISE STILSON CITY CLERK C.K. MCELYW MAYOR - CWMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE -MAYOR MIKES - YES MAYOR MCELYEA- YES APPROVED AS TO FORM AND CORRECTNESS: BY: THOMA8 J.-ANSBRO CITY ATTORNEY 11 2 ORDINANCE NO. 2004-019 0 April 14, 2004 CIVIL SERVICE ADMINISTRATIVE CODE CITY OF DANIA BEACH ADOPTED BY ORDINANCE NO. 2004-019 ADOPTED ON MAY 12, 2004 0 TABLE OF CONTENTS RULE I - GENERAL PROVISIONS .............................................................................. 6 Sectionl.1 Purpose of These Rules ................................................................................ 7 Section 1.2 Positions Covered by These Rules ............................................................... 7 Section1.3 Conflict ........................................................................................................ 7 RULE2 - DEFINITIONS ................................................................................................. 7 Section2.1 Allocate ........................................................................................................ 7 Section2.2 Certify ........... I ... I .......................................................................................... 7 Section2.3 City Service .................................................................................................. 6 Section2.4 Civil Service ................................................................................................. 8 Section 2.5 Classification ................................................................................................ 8 Section2.6 Classification Plan ....................................................................................... 8 Section 2.7 Continuous Service ...................................................................................... 8 Section 2.8 Contract Employee ....................................................................................... 7 Section2.9 Demotion ...................................................................................................... 7 Section2. 10 Eligible ......................................................................................................... 7 Section2. 11 Eligible List .................................................................................................. 7 Section2.12 Employment List .......................................................................................... 8 Section2.13 Grievance ..................................................................................................... 8 Section2.14 Section2.15 Hearing ......................................................................................................... Immediate Family ........................................................................................ 8 8 Section2.16 Layoff ........................................................................................................... 8 Section2.17 May .............................................................................................................. 8 Section 2.18 Non -assembled Examination ....................................................................... 8 Section2.19 On -call Employee ....................................................................................... 8 Section 2.20 Part-time Employee .................................................................................... 8 Section2.21 Position ........................................................................................................ 9 Section 2.22 Probationary Employess .............................................................................. 9 Section 2.23 Promotional Examination ............................................................................ 9 Section 2.24 Promotional List ........................................................................................... 9 Section 2.25 Provisional Employees ................................................................................. 9 Section2.26 Reallocate ..................................................................................................... 9 Section 2.27 Regular Employee ........................................................................................ 9 Section2.28 Shall ............................................................................................................. 9 Section2.29 Status ............................................................................................................ 9 Section 2.30 Temporary Employee ................................................................................... 9 Section2.31 Vacancy ...................................................................................................... 10 RULE 3 - AUTHORITY AND ADMINISTRATION .................................................. to Section3.1 General ....................................................................................................... 10 Section 3.2 City's Rights and Responsibilities ............................................................. 10 2 RULE 4 - PROHIBITIONS ............................................................................................ 11 Section4.1 .................................................................................................................... I I Section4.2 .................................................................................................................... I I Section4.3 .................................................................................................................... I I Section4.4 .................................................................................................................... I I Section4.5 .................................................................................................................... 12 Section4.6 .................................................................................................................... 12 Section4.7 .................................................................................................................... 12 Section4.8 .............................................................................. ****"*""*"*"****'**"****"*****, 12 Section4.9 .................................................................................................................... 12 Section4. 10 .................................................................................................................... 12 RULE 5 - ORGANIZATION FOR ADMINISTRATION .......................................... 12 Section 5.1 The Civil Service Board ............................................................................. 12 Section 5.2 The City Commission ................................................................................ 14 Section5.3 The City Manager ...................................................................................... 14 Section 5.4 The Director of Human Resources ............................................................ 15 RULE 6 - POSITIONS INCLUDED IN THE CITY SERVICE ................................. 16 RULE 7 - THE CLASSIFCATION PLAN ................................................................... 16 Section 7.1 The Classifciation Plan .............................................................................. 16 Section 7.2 Force and Effect of Classification Description .......................................... 17 Section 7.3 Maintenance of the Classification Plan ...................................................... 17 Section 7.4 Amendments to the Classification Plan ..................................................... 17 Section 7.5 Salary Rate Upon Promotion ..................................................................... 18 Section 7.6 Salary Rate Upon Reallocation (Pay Range Upgrade/Downgrade) .......... 18 Section 7.7 Temporary Assignment .............................................................................. 18 RULE 8 - EMPLOYMENT INFORMATION ............................................................. 19 Section 8.1 Basis of Employment ................................................................................. 19 Section8.2 Nepotism .................................................................................................... 19 Section 8.3 Changes in Family Relationships ............................................................... 20 Section 8.4 Political and Religious Affiliation ............................................................. 20 Section8.5 Residence ................................................................................................... 20 Section 8.6 Medical Examinations and Backgroud Screening ..................................... 20 Section 8.7 Age Requirements ...................................................................................... 22 Section 8.8 Vacancy Announcement ............................................................................ 22 Section 8.9 Filing of Application .................................................................................. 22 Section 8. 10 Rejection of Application ............................................................................ 22 Section 8.11 Employment of the Disabled ..................................................................... 23 Section 8.12 Veteran's Preference .................................................................................. 23 3 Section 8.13 Driver's License Update ............................................................................ 23 Section8.14 Citizenship ................................................................................................. 24 Section 8.15 Minimum Qualifications ............................................................................ 24 RULE 9 — EXAMINATIONS ......................................................................................... 24 Section 9.1 Recruitement by Examination .................................................................... 24 Section 9.2 Fire/Rescue Department ............................................................................. 25 RULE 10 — ELIGIBILITY LISTS .................................................................................. 25 Section 10. 1 Establishment of Eligibility Lists ............................................................... 25 Section 10.2 Duration of Lists ........................................................................................ 25 Section 10.3 Reemployment Lists .................................................................................. 25 Section 10.4 Removal of Names from Lists ................................................................... 25 Section 10.5 Merging Eligible Lists ............................................................................... 26 RULE 11 —APPOINTMENTS ....................................................................................... 26 Section 11. 1 Procedure for Filing Vacancies .................................................................. 26 Section 11.2 Priority of Lists .......................................................................................... 26 .Section 11.3 Certification from the List ......................................................................... 27 Section 11.4 Temporary Appoinment ............................................................................. 27 Section 11.5 Emergency Appointment ........................................................................... 27 Section 11.6 Reinstatement ............................................................................................. 27 Section11.7 Transfer ...................................................................................................... 28 Section 11. 8 Promotional Appointments ........................................................................ 28 Section11.9 Demotion .................................................................................................... 28 Section 11. 10 Probationary Period ................................................................................... 28 Section 11. 11 Appropriate List ......................................................................................... 29 RULE 12 — GENERAL PERSONNEL POLICIES AND PROVISIONS PROVISIONS FOR LEAVES .................................................................... 29 C Beach in the, Section 3. Conflict: In the event of a conflict between these Rules and a collective bargaining agreement, the collective bargaining agreement of the bargaining unit to which the affected employee belongs shall control. Section12.1 Hours of Work ........................................................................................... 29 Section12.2 Overtime .................................................................................................... 30 :ificationSection 12.3 ................................................ Compensatory Leave ("Comp Time")... 30-- Section 12.4 Legal Holidays ....................................................................... 3 1 Section 12.5 VacationLeave .......................................................................................... 32 Section 12.6 Sick Leave With Pay .................................................................................. 33 Section 12.7 Sick Leave Incentive .................................................................................. 35 Section12.8 Personal Days ............................................................................................. 35 11 Section12.9 Safety Day .................................................................................................. 35 Section 12. 10 Donation of Accrued SickNacation Leave ............................................... 35 Section12.11 Jury Duty .................................................................................................... 37 Section 12.12 Bereavement Leave .................................................................................... 38 Section 12.13 Military Leave ............................................................................................ 38 Section 12.14 Leave Without Pay ..................................................................................... 38 Section 12.15 Family Medical Leave ............................................................................... 39 Section 12.16 Workers' Compensation ............................................................................ 42 Section 12.17 Attendance ................................................................................................. 42 Section 12.18 Returning from Meal Breaks/Breaks ......................................................... 43 Section 12.19 Absenteeism ............................................................................................... 43 Section 12.20 Administrative Leave ................................................................................. 44 RULE13 — BENEFITS .................................................................................................... 44 Section 13.1 Retirement Plan .......................................................................................... 44 Section 13.2 Insurance Program ..................................................................................... 44 Section 13.3 Tuition Reimbursement Program ............................................................... 44 Section13.4 Other .......................................................................................................... 45 SECTION 14 — PERFORMANCE EVALUATIONS ................................................... 45 Section 14.1 Evaluations/Performance Appraisals ......................................................... 45 SECTION 15 — RULES AND REGULATIONS FOR DISCIPLINE ......................... 46 Section15.1 General ....................................................................................................... 46 Section 15.2 Progressive Discipline ............................................................................... 46 Section 15.3 Suspensions Without Pay for Twenty -Four (24) Hours or Less ofScheduled Work .................................................................................... 47 Section 15.4 Suspension Without Pay in Excess of Twenty -Four (24) Hours ofScheduled Work .................................................................................... 48 Section 15.5 Demotion for Inability to Perform Duties .................................................. 49 Section15.6 Dismissal .................................................................................................... 49 SECTION 16 — EMPLOYEE GRIEVANCES .............................................................. 51 Section 16.1 Employee Grievances ................................................................................ 51 Section 16.2 Procedure for Presentation of Grievances .................................................. 52 Section 16.3 Civil Service Board Hearing ...................................................................... 54 SECTION17 — SEPARATION ...................................................................................... 55 Section17.1 Resignation ................................................................................................ 55 Section17.2 Layoff .......................................................................................................... 55 5 SECTION 18 - AMENDMENT OF CIVIL SERVICE ADMINISTRATIVE CODE..................................................................................................... 56 SECTION 19 - SAVING CLAUSE ................................................................................ 56 E is RULE I — GENERAL PROVISIONS .L Section 1. 1 PgMose of These Rules. These rules set forth the principles and procedures that are to be followed by the City in its human resource program to the end that the City and its employees may have assurance that personnel will be dealt with on an equitable basis, and that the citizens of Dania Beach may derive the benefits and advantages which can be expected to result from a competent staff of City employees. Section 1.2 Positions Covered by These Rules. These rules shall apply to all full time regular positions in the City Service after completing one year of service, with the exception of elected officers, the City Manager, the City Attorney and positions reporting directly to the City Manager. Section 1.3 Conflict. In the event of a conflict between these Civil Service Rules and a 0 collective bargaining agreement, the collective bargaining agreement of the bargaining unit to which the affected employee belongs shall control. In lieu of their own governing bargaining agreement, employees exempted from Union participation will be entitled to the same benefits afforded to those employees of the bargaining class, except those not allowed under the federal Fair Labor Standards Act (the "FLSA") RULE 2 — DEFINITIONS Section 2.1 Allocate shall mean the act of assigning each position to its proper classification. Section 2.2 Certi shall mean the act of the Human Resource Director, in supplying a department head with applicants who are eligible for appointment to the position in the Civil Service. Section 2.3 City Service shall comprise all offices and positions in the City employ, now 0 existing or hereafter created. 7 Section 2.4 Civil Service These rules shall apply to all full time regular positions in the City Service after completing one year of service, with the exception of elected officers, the City Manager, the City Attorney and positions reporting directly to the City Manager. Section 2.5 . Classification: shall mean the title for a position, or group of positions having similar duties, which shall be based on the job description and minimum qualifications for the position. Section 2.6 . Classification Plan: shall refer to a complete inventory of all classifications in the City Service. ection 2.7 Continuous Service: shall mean employment in the City Service which is uninterrupted except for an authorized leave of absence, or separation due to lay off. Time lost due to unpaid leave of absence, or lay-off shall be deducted in the determination of length of continuous service unless otherwise prohibited by law. Authorized paid leave of absence shall is be included as part of continuous service. Section 2.8 Contract Employee shall mean an employee exempted by Civil Service and whose terms and conditions of employment are governed by a contract between the contract employee and the City. Section 2.9 . Demotion: shall mean the assignment of an employee to a position in a lower classification having a lower maximum salary than the classification from which the assignment is made. Section 2. 10. Eligible: shall mean a person listed on an active eligible list. Section 2.11. Eligible list: shall mean an employment list, promotional list, reemployment list or reinstatement list. 0 Section 2.12 Employ!Dent list: shall mean a list of persons who have been found qualified by an entrance examination or other appropriate means for appointment to a position in a particular classification. Section 2.13 Grievance shall mean a dispute concerning the interpretation or application of this Civil Service Code. Section 2.14 Hearing: means a public hearing held after public notice, at which any employee covered by the Civil Service code may have a reasonable opportunity to be heard by the Civil Service Board. Section 2.15 Immediate Family shall be defined as an employee's spouse, child, parent, parent - in -law, sibling, step -child, grandparent, step-parent, step -sibling, half -sibling, sibling -in-law, child -in-law, grandchild, step -grandchild or partner registered under the Broward County Domestic Partnership Ordinance. Section 2.16 Layoff shall mean the separation from employment due to such reasons as lack of work, economic reasons or because of reorganization of the City, its departments or jobs or due to the needs of the City. Section 2.17 May shall be interpreted as permissive. Section 2.18 Non -assembled Examination shall be defined as an examination that is given on a continuous basis. Section 2.19 On —Call Employee shall be defined as an employee not assigned to a schedule who works only as needed and is not guaranteed hours. Section 2.20. Part-time Employeeemployee: shall mean any employee who is hired to work an average of no less than 40 hours and no more than 79 hours bi-weekly. Section 2.21 Position: shall mean a group of duties assigned to one person. Position is synonymous with "office", "post", "employment", "job", and with the term "classification" for positions in the City Service. Section 2.22 Probationary Employee: only in the context of this Civil Service Code, shall mean any employee who is newly hired into the City, who has been regularly appointed to a position but who has not completed one year of continuous service. Section 2.23 Promotional Examination: means an examination or group of examinations for a position in a certain classification, admission to which is limited to employees in the Civil Service, who hold permanent positions in another classification. ection 2.24 Promotional List: shall mean a list of persons who have been found qualified by a promotional examination or other appropriate means for appointment to a position in a particular classification 0 Section 2.25 Provisional Employees: shall mean employees filling a position in the Civil Service without competition pending the establishment of an eligible list. Section 2.26 Reallocate shall mean reassigning a position classification to a different grade based upon investigation of current position responsibilities. Section 2.27 Regular Employee: shall mean an employee who has been appointed to a permanent position in the Civil Service in accordance with the provisions of this code. Section 2.28 Shall is to be interpreted as mandatory. Section 2.29 Status: is a condition acquired by an employee giving rights, in the manner the code sets forth, to a classification. The term is synonymous with "Civil Service Status". Section 2.30 Temporary Employee: shall mean an employee holding a position that is defined by having a designated ending date Ell, 10 0 Section 2.31 Vacancy: shall mean a position existing or newly created, which is not occupied, and for which funds are available, and for the filling of which a valid requisition has been received by the Human Resource Director. Section 3.1 RULE 3 — AUTHORITY AND ADMINISTRATION General All offices, positions and pay ranges are created and authorized by the City Manager subject to the approval of the City Commission. Section 3.2 City's Rights and Responsibilities. The City possesses the sole right to operate the City and all management rights repose in it. These rights include, but are not limited to, the following: To direct all operations of the City; to establish reasonable work rules and schedules of work; to create, combine, modify and eliminate positions within the City; to hire, promote, transfer, schedule and assign employees in positions within the City; to suspend, demote, discharge and take other disciplinary action against employees; to relieve employees from their duties; to maintain efficiency of City operations; to take whatever action is necessary to comply with State or Federal law; to introduce new or improved methods or facilities; to determine the kinds and amounts of services to be performed as pertains to City operations; and the number and kind of classifications to perform such services; to contract out for goods or services; to determine the methods, means and personnel by which City operations are to be conducted; to take whatever action is necessary to carry out the functions of the City in situations of emergency. I I RULE 4 - PROHIBITIONS Section 4.1 No person shall be appointed or promoted to, or demoted, dismissed or suspended from any position in the Civil Service, or in any way favored or discriminated against with respect to employment in the Civil Service because of his/her political or religious opinions or affiliations or his/her race, creed, color, national origin, disability, gender, sexual orientation, or age. The City has established an internal procedure to investigate and resolve alleged cases of discrimination which is in addition to existing and adequate procedures established by Broward County, the State of Florida, and the Federal Goverm-nent. Accordingly, allegations of employment discrimination as described in this section cannot be processed through the grievance procedure or appealed to the Civil Service Board. Section 4.2 No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the Civil Service. 0 Section 4.3 No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated to: A. Secure or attempt to secure for any person an appointment to a position in the Civil Service; or B. To obtain an increase in or other advantage in employment in any positionjor the purpose of influencing the vote or political action of any person or for any consideration. Section 4.4 No employee in the Civil Service and no member of the Civil Service Board shall directly or indirectly, solicit or take part in soliciting an assessment, subscription or contribution for any employee of the City for any political organization or purpose during work hours or on City property. 12 Section 4.5 No person elected to public office in the City, during the term of which he/she was elected shall serve in any position in the Civil Service. Section 4.6 No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of the City Charter and this code, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of the City Charter and this code. Section 4.7 No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the City Service. Section 4.8 No employee, examiner, or other person shall defeat, deceive, or obstruct any person in his or her right to examination, eligibility, certification or appointment under the City Charter and this code, or furnish to any person any special or secret information for the purpose of affecting the right or prospects of any person with respect to employment in the City Service. Section 4.9 No employee shall solicit any elected appointed official to inform or to seek to receive assistance with a personal grievance or appeal. Section 4. 10 Any officer or employee who violates any of the provisions of this section shall be subject to appropriate discipline (including discharge) as provided for in this code. RULE 5 — ORGANIZATION FOR ADMINISTRATION Section 5.1 The Civil Service Board There shall be a Civil Service Board which shall consist of five (5) members as follows: 13 0 Two (2) members shall be appointed by the City Commission who shall be residents of the City of Dania Beach and who shall not be employees of the City. Two (2) members shall be elected by majority vote of the regular employees holding regular full-time positions in the Civil Service provided, however, that such members shall not be employed in the same City department. One (1) member shall be appointed by the City Manager and shall be a resident of the City of Dania Beach and shall not be an employee of the City. There shall be two (2) alternate members of the Civil Service Board, one (1) of whom shall be elected by the employees and shall hold a regular full-time position in the Civil Service, and one (1) of whom shall be appointed by the City Commission (who shall not be a City employee but who shall be a resident of the City). Alternates shall serve only in the absence of his or her elected or appointed category. If needed, there may be elected temporary alternates for an employee member's position, to hear grievances or appeals in any case in which the regular member, the alternate or both are members of the same department as the grievant. All terms shall be for four (4) years. At the expiration of the four (4) year term, the member or alternates will serve until replacements are elected or appointed. Any unexpired term shall be filled by the electing or appointing authority. No member of the Board may be removed from his or her post prior to the expiration of the term for which appointed or elected, except for cause. In such case, written notice of the reasons for removal shall be provided to the member. The member may request a hearing by the City Commission to contest removal. The Board shall elect from its members a Chairperson and Vice -Chairperson who shall serve at the will of the Board. The Civil Service Board shall have the following powers: A. Hear appeals in the method provided in this Code of any employee in the Civil Service who has been suspended without pay for more than twenty-four (24) 14 hours of scheduled work, demoted or dismissed, or wishes to appeal any adverse action relating to employment. The Board will report its decision, which shall be final, in writing to the City Manager. B. Establish rules and procedures for the employee election of two (2) members of the Board and the administration of the election. C. Establish its own rules for the conduct of Civil Service Board meetings, as well as to establish requirements for attendance by members of the Board. D. An employee member of the Board shall be prohibited from voting on any matter involving an appeal by an employee in the same department as the employee member. In this instance, there will be an elected alternate employee representative who will sit for the hearing. Section 5.2 The City Commission. 0 The City Commission shall have the authority to: 0 A Approve the Civil Service Administrative Code. B. Approve the Compensation Plan. C. Make and confirm appointments to and remove appointees from positions as specified by the City Charter as Article 1, Section 6 Section 5.3 The City Manager. The City Manager shall: A. Be responsible to the City Commission for the administration of the personnel system subject to this Code. B. Appoint or remove all subordinate officers and employees as provided in this Code, City Charter or Code of Ordinances. 15 �i C. Perform such other duties and exercise such other powers in personnel administration as may be prescribed by law, the City Charter, Code of Ordinances, and this Code. Section 5.4 The Director of Human Resources. The City Manager may appoint, in accordance with the provisions of the City Code, a Human Resource Director who shall be responsible to the City Manager for the administrative and technical direction of the City human resource program. He or she shall be known as the Human Resource Director and shall: A. Administer the provisions of this Code. B. Develop and administer such recruitment and examination programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the City service. C. Prepare and recommend to the City Manager a Classification Plan so that it will reflect, on a current basis, the duties being performed by each employee in the City Service, and the class to which each position is allocated. D. Administer the compensation plan including the periodic review of salary and wage levels affecting City employment, conduct a periodic investigation of factors affecting the economic level of salaries and make recommendations to the City Manager for amendments to the pay plan. E. Provide for the establishment and maintenance of a roster of all employees in the City Service. F. Provide such forms and procedures as he/she may consider necessary, appropriate or desirable to carry out the human resource program. 16 0 G. Develop and establish, in cooperation with the City Manager and the various Department Directors, such training and education programs for employees in the City Service, as conditions warrant. H. Attend meetings of the Civil Service Board. 1. Perform such other activities with reference to human resource administration, not inconsistent with the City Charter or this Code, as may be deemed necessary or desirable to enforce the provisions of these rules, as the City Manager may direct. J. Prepare and recommend to the City Manager such rules or amendments to the rules as may be necessary or advisable to carry out the intent and purpose of the City Human Resource Program. K. Prepare annual reports regarding the work of the department. L. Until such time as the City Manager appoints or reappoints a Director of Human Resources, the City Manager shall retain the title and duties of the Director of Human Resources. RULE 6 — POSITIONS INCLUDED IN THE CITY SERVICE The City Service shall comprise all offices and positions in the City employ, now existing or hereafter created. The City Service is divided into positions covered by the Civil Service code and those exempt from the Civil Service code The exempt service shall consist of all positions not in the Civil Service as defined in Rule 2, Section 2.4. RULE 7 — THE CLASSIFICATION PLAN Section 7.1 The Classification Plan. The Classification Plan provides a complete inventory of all positions in the City Service and accurate descriptions and specifications for each class of 17 employment. The plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities. Section 7.2 . Force and Effect of Classification Description.: "Classification Descriptions" outline specific job duties, they are descriptive and explanatory, outline specific duties, and are not all-inclusive. The use of a particular expression or illustration of duties, qualifications, or other attributes shall not be meant to exclude others not mentioned, if such others are similar in kind or quality. The City may amend, expand or otherwise change specific job duties encompassed in the job description. When a substantial change of duties is made, except for a temporary period or by the addition of duties that are incidental to the main employment, such change shall be reported to the Human Resource Director for reclassification or redefinition of the position. The fact that the actual tasks performed in a position do not appear in the classification description shall not imply that the tasks are excluded from the position, if the tasks 0 constituting the main work have been duly covered by the work objectives and position functions. Similarly, any example cited, with reference to the work objective and position functions, shall not be construed as finally determining whether or not a function may be included in the specifications. Certain qualifications which should properly apply to practically all positions such as, honesty, sobriety, and industry, are always required.taken for granted. Section 7.3 Maintenance of the Classification Plan. The Director of Human Resources is charged with the responsibility for the proper and continuous maintenance of the classification plan so that it will reflect, on a current basis, the duties being performed by each employee in the City Service and the class to which each position is allocated. Section 7.4 Amendments to the Classification Plan. The Director of Human Resources will work with Department Heads to periodically review the classification plan and upon the basis of Eli 0 11 -0 his/her investigation, shall recommend to the City Manager amendments to the classification plan in the form of new classes, revisions of existing classes and the abolition of classes no longer required in the plan. Such recommended amendments shall be effective when approved by the City Manager. Section 7.5 Salary Rate Upon Promotion. An employee whose position is reclassified to a higher classification shall be promoted to the reclassified position and receive an increase in accordance with the appropriate collective bargaining agreement, or to the minimum pay grade of the new classification (whichever is higher). A reclassification changes an employee's anniversary date for pay purposes. Section 7.6 Salary Rate Upon Reallocation (Pay Range Up grade/Down grade) An employee whose position is reallocated within the compensation plan shall maintain the same pay rate in the compensation plan as held prior to the reallocation. However, if his or her current pay rate is less than the minimum, the pay rate shall be increased to the minimum of the range for the position. In the event the reallocation is downward and his/her current pay rate is outside the pay range of the new position, he/she shall maintain the same pay rate until such time as the pay range may be adjusted and surpasses the rate of pay the employee is receiving for his/her position. Section 7.7 Temporary Assignment. An employee who is temporarily assigned the duties and responsibilities of a position which has a higher classification than his/her regularly assigned position shall be compensated in accordance with standards established by collective bargaining unit agreements. 19 E RULE 8 - EMPLOYMENT INFORMATION Section 8. 1 Basis of Employment. All employment with the City shall be based upon merit, skill, ability, qualifications and moral fitness as evidenced by: A. Training and experience as reflected by the employment application and other documentation of certification, registration, etc. B. Performance tests (when applicable). C. Pre -employment (after conditional offer of employment is made) physical examination and drug testing to determine whether the individual can effectively perform the essential duties and functions of the position for which he/she is applying with or without reasonable accommodation. Such examination shall be performed by a city -designated physician and laboratory 40 and paid for by the City. D. Background investigation of the individual, his/her training, education or other characteristics as relates to being an employee of the City. Section 8.2 Nepotism. No relative of a public official or employee shall be employed in the same department as a relative or in a position supervised by or under the authority of a relative by the City. In this section employee means every person engaged in any employment with the City under any appointment or contract for hire, express or implied, oral or written, for remuneration, including without limitation all full-time, part-time, seasonal, permanent and temporary employees. Public official or employee means any officer or employee of the City, specifically including members of non -compensated advisory boards of the City. Relative means an individual who is related to the public official or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- 20 is law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister, or domestic partner. Section 8.3 Changes in Family Relationships. If two (2) public officials or employees change their family relationship by marriage, adoption or other means, so as to come in conflict with the employment prohibitions of this section, they shall be bound by City Code, with one of the employees seeking employment in a non -conflict position within the City or elsewhere. The City is not required to create an opportunity or extend preference in hiring decisions to accommodate this relationship. Section 8.4 Political and Religious Affiliation. No political, racial, ethnic, gender, fraternal or religious affiliation shall be considered as a qualifying or disqualifying condition for or against employment with the City of Dania Beach. No political, racial, ethnic, gender, fraternal or religious affiliation shall be permitted to influence any action or recommendation relative to 0 present employees. Section 8.5 Residence. There shall be no requirement of residence for filing application for a position in the City Service. However, applicants who currently reside in the City of Dania Beach and have for a period of one or more full years, and who present satisfactory proof of such residence, shall have two (2) additional points added to such grade, or to any other applicable scoring technique in use to assess candidates, providing a passing score has been achieved prior to receiving preference points. Section 8.6 Medical Examinations and Background Screening. Applicants selected for positions in the City Service shall be required to undergo a medical examination, to include drug screening, to determine physical and mental fitness to perform work in the position to which appointment is to be made. If such employee voluntarily resigns within the first year, then he or 21 she shall reimburse the City for the costs of the medical examination, drug screening and all costs associated with background screening unless otherwise provided in the applicable collective bargaining agreement. All employees of the City, during their period of employment, may be required by their department head, with the approval of the Human Resource Director, to undergo periodic medical examinations to determine their physical and mental fitness to perform the work of the position in which they are employed. Such periodic medical examinations shall be at no expense to the employee and consistent with the City's Workers' Compensation and Drug Free Workdrug free work place programs. Determination of physical or mental fitness will be made by a medical service provider designated by the Human Resource Director and in conjunction with the City's Workers' Compensation and Drug Free Workplace program. 0 When an employee of the City is reported by the medical service provider to be physically or mentally unfit to perform work in the position in which he or she is employed, such employee will receive written notification of the findings and may, within five days from the date of his or her notification of such determination by the examining physician, indicate in writing to the Human Resource Director his or her intention to submit the question of his or her physical or mental unfitness to a physician of his or her own choice. In the event there is a difference of opinion between the examining physician and the physician chosen by the employee, then a physician shall be mutually designated by the examining physician and the physician chosen by the employee whose decision shall be final and binding as to the physical or mental fitness of the employee to perform the work of the position in which he or she is employed. 22 0 Applicants who have received offers of employment who are determined to be physically or mentally unfit for service shall not be appointed. An employee finally determined to be 0 physically or mentally unfit to continue in the position in which he or she is employed may be demoted in accordance with this code or separated from the service. This rule is subject to the requirements of any applicable law and any applicable collective bargaining agreement both of which shall control in the event of a conflict with this Civil Service Code. Section 8.7 Age Requirements. It shall be the policy of the City that there is no discrimination in the employment of any person solely on the basis of age. However, the minimum age for regular, full-time employment with the City shall be eighteen (18) unless the applicant has graduated from high school, earned a GED or is currently enrolled in school or a GED program. Section 8.8 Vacancy Announcement. The Human Resource Director shall give notice to employees in the City Service of a vacancy by posting a vacancy announcement electronically and in such other places and in such other manner as the Human Resource Director may deem advisable, at least five (5) working days prior to filling the vacancy. In addition, the Human Resource Director may give public notice of a vacancy by advertising through appropriate print and electronic media Section 8.9 Filing of Application. All applicants for positions in the City service must file a written application on the form prescribed by the Director of Human Resources within the time limit fixed in the vacancy announcement. Section 8. 10 Rejection of Application. The Human Resource Director shall reject any application or applicant when he or she has determined: A. That the application was not filed within the period specified in the vacancy announcement or was not filed on the prescribed form. 23 B. That the applicant lacks any of the required qualifications. C. That the applicant has made a false statement of a material fact, or practiced or attempted to practice any fraud or deception in his or her application or test, or in attempting to secure appointment. If appointed, the Human Resource Director may cancel the certification and in effect cancel the appointment. D. That the applicant was previously in the City Service and was removed for cause or resigned not in good standing. E. That the applicant, after notification, did not punctually present himself or herself at the time and place designated for the examination or interview for the position. F. That the applicant has a work record from previous employers not consistent with the standards expected of a City employee. Section 8.11 Employment of the Disabled. A disabled person shall be defined as any person having an impairment that substantially limits one (1) or more major life activities. Disabled persons will be considered for employment by the City, unless it is shown that the particular disability prevents the satisfactory performance of the essential duties and functions of the position for which application has been made with or without reasonable accommodation. Section 8.12 Veteran's Preference. Veterans applying for re-employment, reinstatement and preference shall be accorded such preference as required by law. Section 8.13 Driver's License Update. The City may obtain the current driver's license status for all employees who drive City vehicles. Upon notification by the Human Resources Department that an employee's driver's license has been suspended or revoked, the affected employee shall, within forty-eight (48) hours of such verification, provide proof of having a valid 24 0 driver's license. If unable to do so, the employee may face suspension without pay until such time as he/she is able to comply. Section 8.14 Citizen�hi. All applicants must be citizens of the United States or submit acceptable documentation establishing the applicant's authorization to work in the United States. Section 8.15 Minimum Qualifications. The Human Resource Director may prescribe such limits, physical or otherwise, as permitted by applicable law and as in his or her judgment are required by the nature of the work to be performed and as is consistent with the classification description. Such requirements shall be shown in the vacancy announcement. RULE 9— EXAMINATIONS Section 9.1 Recruitment by Examination. Should the position vacancy require an examination, such examinations shall be made according to qualifications ascertained by objective criteria which shall be prepared by or under the direction of the Human Resource Director and in accordance with the job classification. All examinations shall be impartial and shall relate to those matters which will test fairly the capacity and qualifications of the applicants to discharge efficiently the duties of the position to be filled. Examinations may include written, oral, physical tests, performance tests, ratings or training and experience or any combination of these. They may take into consideration such factors as education, experience, aptitude, knowledge, character, any other qualifications or attributes which, in the judgment of the Human Resource Director enter into the determination of the relative fitness of applicants. Promotional examinations shall take into consideration the quality and length of employment, in addition to any or all of the above factors. 25 Section 9.2 Fire/Rescue Department. The Fire/Rescue Department of the City of Dania Beach will be subject to the examination rules as identified in the applicable collective bargaining agreement. RULE 10 — ELIGIBILITY LISTS Section 10.1 Establishment of Eligibility Lists. The Human Resource Director shall establish and maintain eligibility lists for the various vacancies as are necessary to meet the needs of the City Service. Each such list shall contain the names of those persons who are deemed by virtue of the examination process, andor recruitment process or both to be qualified to perform the duties required in the specific classification. Such persons shall take rank upon such lists in the order of their relative grades. Eligible applicants attaining the same score shall be considered to have the same rank on the eligible list. Section 10.2 Duration of Lists. The duration of each eligible list shall be no less than six months 40 and no more than one year, however, the Human Resource Director may extend the period for an additional three months for just cause. Section 10.3 Reemployment Lists. Any regular employee who has been involuntarily separated from the City Service without fault or delinquency on his or her part shall have his or her name placed on a reemployment list for the same classification of position he or she held at the time of separation. The name of such employee shall be placed upon the list in the order of his or her total continuous time served in the classification. Such employee shall be eligible for 11 reemployment for a period of two years from the date of separation. Any and all reemployment rights shall terminate upon failure to accept the position offered within five (5) calendar days. Section 10.4 Removal of Names From Lists. The Human Resource Director may at any time remove the name of an eligible employee from the list if the applicant has made any material 26 false statements on his or her application, or if the applicant voluntary requests that his/her name be removed. Section 10.5 Merging Eligible Lists. Whenever an eligible list is reduced to less than seven (7) persons, or in the opinion of the Human Resource Director it is desirable to hold a subsequent examination or other appropriate recruiting action while an eligible list exists, the Human Resource Director may merge the two lists according to scores. All persons whose names appear on the existing list shall have the opportunity to compete in the second examination or recruitment action. Any person on such existing list who participates in the second examination or recruitment action shall be given standing on the merged lists according to the higher grade received on either exam or recruitment action This provision shall apply to entrance examinations only. RULE 11 — APPOINTMENTS 0 Section 11. 1 Procedure for Filling Vacancies. Whenever a vacancy is to be filled, the department head shall complete and submit a position requisition to the Human Resource Director. Section 11.2 Priority of Lists. Eligibility for the vacancy shall be determined from existing lists in the following order of preference: 1. Re-employment lists. 2. Promotional lists. 3. Employment lists. 4. Reinstatement lists. Reinstatement lists may rank before or after employment lists at time of certification by specific request of the hiring authority. 0 27 0 Section 11.3 Certification From the List. Upon receipt of a valid requisition the Human Resource Director, or his/her designee, shall provide the hiring authority applications, resumes or both of the eligible applicants. The "Rule of Seven Scores" provides that the names associated with the seven highest scores shall be certified to a vacancy; the names within the next highest scores being certified for each additional vacancy, provided however, that a fewer number may be certified when there is not the required number on the list. Section 11.4 Temporary Appointment. Temporary appointments may be made of persons whose employment is expected to be of a seasonal nature, or whose services are required for a special job or project, and when it is expected that the services of such persons will be no longer necessary at the close of the season, or upon completion of such special job or project for which they have been appointed. Temporary appointments are designafed with a start and ending date. Temporary appointments may also be made to fill vacancies resulting from regular employees being on authorized leave of absence. Such appointments shall be made from the appropriate lists insofar as practicable and shall be for a specific period. The acceptance of such appointment by an eligible shall not affect his or her standing on the list for permanent appointment. Section 11.5 Emergency Appointment. Emergency appointments may be made by the City Manager or his or her designee in case of riot, fire or other emergency which threatens life, property or the general welfare of the City. Such appointments shall continue only during the period of such emergency and its aftermath and shall not continue longer than necessary. Section 11.6 Reinstatement. Any regular employee who has resigned in good standing may, within two years from the effective date of his or her resignation, at his or her written request, and subject to the approval the City Manager and the Human Resource Director, and with 28 recommendation of the hiring manager be reinstated to a vacancy provided there are no regular employees who have been laid off and whose names appear on the re-employment list for the classification. Such reinstated employees shall be treated as a new entrant. Section 11.7 Transfer. A position may be filled by transferring an employee from another position of the same classification or similar classification with essentially the same basic qualifications, excepting that in no case shall an employee be transferred to a classification having a higher maximum salary than the classification from which the transfer is made. In this case, rules regarding promotion will prevail. Transfers must be approved by the department heads affected, the Human Resource Director, and so far as practicable, the employee concerned, and shall be executed on the prescribed form. Section 11. 8 Promotional Appointments. Promotional appointments consist of two types: 0 A. Competitive: The appointment to a position in a higher class for which an eligible list 0 has been established, and requires a higher level of duties and responsibilities. B. Non -Competitive: An appointment to a position that has been reclassified, in which the incumbent in the reclassified position meets the established minimum requirements. Section 11.9 Demotion. A position may be filled by the demotion of a regular employee in accordance with the procedure for demotion as outlined in Rule 15, Section 15.5. An employee may also be demoted upon his or her own initiative with the approval of the Human Resource Director and department head concerned Section 11.10 Probationary Period. For purposes of Civil Service, the probationary period for a new hire shall be defined as one year of continuous regular service. Upon completion of this M probationary period, the employee will be eligible for all rights and protections as outlined by this document. Civil Service probation is separate from any, applicable benefit program probation or performance probation as established by City policy. Employees that are promoted, transferred or demoted do not serve an additional probationary period for purposes of Civil Service eligibility. Section 11. 11 Appropriate List. The Human Resource Director may certify applicants from eligible lists of classifications other than the vacancy classification, if, in his or her judgment, the lists are appropriate due to similar qualifications, an examination or both. RULE 12 — GENERAL PERSONNEL POLICIES AND PROVISIONS FOR LEAVES Section 12.1 Hours of Work. The established work week and hours of work shall be set by the Department Directors for their respective departments with the approval of the City Manager. In order to maintain essential public services, the City must reserve the right to have such flexibility 0 in working hours as to properly conduct its operations. Therefore, the City reserves the right to is determine and establish the hours of work and work schedules for each employee. For each department, division or shift, the City shall have the right to fix, alter or change the work week, work day, the number of hours worked, the number of shifts and the starting and ending time of each. The specific work schedule established for each department, division or shift may be changed by the City from time to time with five (5) working days notice, when practicable, to the affected employee(s), except in a declared emergency situation. Employees shall be required to report for mandatory overtime under the following conditions. Three (3) workdays notice for non -emergency required overtime, and immediate notice if a City emergency has been declared by the City Manager, City Commission or both, or a Hurricane Watch/Warning or Tropical Storm Watch/Warning has been issued by the National Weather Service for an area in South 30 Florida which includes Dania Beach, or for special needs of the department including the maintenance of minimum staffing. In the event of a Tropical Storm Watch/Warning or Hurricane Watch/Warning being issued by the National Weather Service, on -duty personnel who are subject to having their workshift extended for overtime purposes shall be permitted up to two (2) hours of on -duty time to report to their residence for the purpose of making final preparations or evacuations for storm protection. Scheduled time off shall be at the discretion of the Department Director in order to maintain departmental operations. Failure to report for mandatory overtime, when ordered, may result in disciplinary action up to and including termination for some cause. Section 12.2 Overtime. Overtime shall be performed only with the authorization of the Department Director. Eligible employees shall be compensated at the rate of one and one-half 0 times their normal hourly rate or, in lieu of paid overtime, granted compensatory time at the rate of I and one half the hours worked. Holiday pay, sick pay, vacation day and any other paid benefit shall not be considered hours worked for overtime purposes. Section 12.3 Compensatory Leave ("Comp Time"). In accordance with the Fair Labor Standards Act (FLSA), for purposes of computing overtime or compensation time, hours worked do not include holiday hours, sick hours, vacation or personal hours or any other paid non -working time not mentioned herein. Employees may "cash out" overtime or compensation hours with the approval of the Finance Director and City Manager. Under no circumstances will compensation time exceed 80 hours. Earned and unused compensation time will be paid in cash to the employee at the end of each fiscal year. 0 31 Upon termination of employment, payment for accrued compensatory leave will be paid at 100%. Section 12.4 Legal Holidays. The following days shall be observed by all Civil Service employees as holidays: New Year's Day, Martin Luther King Junior's Birthday Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving Day, Christmas Day, Christmas Eve, and such other days as may be designated from time to time by the City Commission, and/or the applicable collective bargaining agreement or both. Holidays occurring on a Saturday shall be observed on the previous Friday. Holidays occurring on a Sunday shall be observed on the following Monday. Holidays must be taken as they occur and may not be accumulated. The employee must work the day before and the day after each holiday to be eligible for holiday pay with the exception of normal days off or excused absences. An illness the day before or after a holiday will be considered excused when a doctor's note is provided. In the event of an unexcused absence before or after consecutive paid holidays, the employee will be docked for one paid holiday. All employees shall be allowed to take vacation, personal or compensatory leave, if available, for religious reasons, including but not limited to attendance or participation in services for Good Friday, Passover, Yom Kippur, Rosh Hashanah, or other recognized religious days. This leave is subject to the discretion of the Department Director or his/her designee, but shall not be unreasonably withheld. Regular part-time employees shall be granted holiday pay on a prorated basis. If a holiday falls on a regular day off, the employee shall be scheduled for a shift off during the same pay period, or shall be credited with additional vacation leave at the rate of one additional vacation day for each holiday worked. Members of the Fire Department and such other employees required to be on regular duty on legal holidays shall receive additional 32 0 0 0 compensation for such holiday work or shall be credited with additional vacation leave at the rate of one additional vacation day for each holiday worked or as otherwise specified in the applicable Collective Bargaining Agreement ("CBA"). Section 12.5 Vacation Leave. Regularly employed full time employees (including Fire Department clerical personnel) shall accrue paid vacation leave each pay period be in accordance with the following schedule: REGULAR FULL TIME EMPLOYMENT I St year but less than 5 years More than 5 years but less than 12 years More than 12 years DEPARTMENT HEADS More than I year but less than 5 years More than 5 years but less than 12 years More than 12 years FIRE DEPARTMENT (excluding clerical) VACATION LEAVE 3.08 hours per period (=2 weeks per year) 4.62 hours per period (=3 weeks per year) 6.15 hours per period (=4 weeks per year) VACATION LEAVE 4.62 hours per period (=3 weeks per year) 6.15 hours per period (=4 weeks per year) 7.69 hours per period (=5 weeks per year) VACATION LEAVE DETERMINED BY COLLECTIVE BARGAINING AGREEMENT in computing vacation leave earned, only those months shall be counted during which an employee has worked three quarters or more of his or her regular work days. Vacation leave shall accrue from date of employment, but may not be granted in advance of being actually earned. Vacation may be taken at any time, subject to the approval of the department head who shall schedule vacations so as to meet the operating requirements of the department. Employees may accrue vacation leave up to a maximum of the leave earned in two calendar years. In the event an employee has been denied vacation by his or her supervisor and 33 as a consequence has been unable to take advantage of vacation leave as earned, the City will "buy back" vacation or comp time that exceeds the maximum accrual to prevent the loss of earned vacation leave. This rule shall not be interpreted to limit any rights provided for in an applicable collective bargaining agreement. All employees have the option to convert up to 40 hours of accrued vacation leave to cash each calendar year, contingent on fund availability. Vacation leave may be used to supplement sick leave due to sickness or injury only after sick leave has been fully exhausted. Provisional employees are entitled to the same vacation leave allowance to which regular employees are entitled in accordance with the provisions of this section. Part-time employees shall accrue vacation leave at the rate of 1.54 hours per month. This accrual is subject to change. Regular employees and the aforesaid part-time employees shall, upon leaving the City's service in good standing, be compensated for vacation leave accrued up to the date of separation at 100%. Section 12.6 Sick Leave With Pay. Paid sick leave is accrued from the date of employment, and may not be used in advance of accrual. Sick leave with pay shall be granted to regularly employed full time employees at the rate of 8 hours per month, up to the maximum accumulation of 480 hours. After the maximum accumulation of 480 hours, the City shall liquidate excess hours and shall pay employees on an annual basis at their present base hourly rate. Part-time employees accrue sick leave at the rate of 2 hours per month. Upon retirement or termination in good standing, the employee will be reimbursed for all sick leave accrued at the rate of pay at time of separation. Employees who are terminated for cause will not receive payment for accrued sick leave. 34 Sick leave shall not be considered as a right which an employee may use at his or her discretion, but rather as a privilege which shall be allowed only in case of personal sickness or disability, legal quarantine due to exposure of contagious disease, or in the case of illness within the immediate family. Employees may not forego the use of sick time in favor of personal or vacation time in order to assure a "bonus" day for no sick time used (refer to Section 12.7 Sick Leave Incentive). In order to be granted sick leave with pay an employee must meet the following conditions: a) Notify his or her immediate supervisor at the beginning of the scheduled workday of the reason for absence or as soon as reasonably possible in the case of a medical emergency b) Permit such medical examination or inquiry which the city deems desirable at a cost 0 to the city. c) In the event that the absence exceeds three consecutive working days, submit, if requested by the department head, a medical certificate signed by a physician stating that the employee has been incapacitated for work for the period of absence. The medical certificate shall also state the date the employee is able to return to work. In computing accrued sick and vacation leave, only those months shall be counted during which an employee has Worked three quarters or more of his or her regular work days, to include time accrued during vacation and sick time. Evidence of abuse of such leave shall constitute immediate grounds for termination or disciplinary action as recommended by the Department Director and with approval of the Director of Human Resources. 0 35 Section 12.7 Sick Leave Incentive. Any full-time employee who does not utilize his or her sick leave benefit for a period of twelve (12) consecutive months shall be awarded eight (8) additional hours of paid leave. This benefit shall be pro -rated for part time employees. Each employee is responsible for completing and submitting the necessary forms to the person responsible for payroll submission within his or her Department within thirty (30) days of eligibility. Section 12.8 Personal Days. Newly hired regular full time employees hired before April I" of any calendar year shall be granted sixteen (16) hours of personal leave for that year. Regular full time employees hired after on or after April I't of any calendar year shall be granted twelve (12) hours of personal leave for that calendar year. New employees hired on or after July Ist of any calendar year shall be granted eight (8) hours of personal leave for that calendar year. New employees hired on or after October I't of any calendar year shall be granted four (4) hours of personal leave for that calendar year. Personal days are authorized leave for personal reasons, religious observances, transaction of personal business, etc. Personal leave shall be granted only upon approval of the employee's Department Director. No payment will be made upon separation from City service for any unused personal leave. No carry over of personal leave will be permitted from year to year. Section 12.9 Safety DA y. Safety days will be awarded to all regular full time employees, consistent with the applicable collective bargaining agreement. Section 12.10 Donation of Accrued Sick/Vacation Leave. Employees may donate accrued sick/vacation leave to a designated City service employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time and when 36 0 the employee has exhausted all available accrued paid leaves. In no case shall an employee be permitted to donate sick leave if his/her accrued sick leave balance would be less than ninety six (96) hours after donation. Extraordinary circumstances shall be defined as a life threatening or incapacitating illness or injury to the employee or immediate family member or a Family Medical Leave Act ("FMLA") qualifying event. The Department Director must submit a request, in writing for permission to solicit donations of accrued leave from City service employees to the Director of Human Resources and shall specify the employee's name, reason(s) for requesting such donations of accrued leave and estimated duration of absence, if known. Such request shall require the review of the Director of Human Resources who shall review the request within five (5) calendar days. The review shall verify the medical doctor's certification and shall ascertain that the circumstances are severe enough to warrant the request. Approval of the request shall not be unreasonably withheld. If such request is denied, the employee has the right of appeal through the Grievance procedure as outlined in this code. Upon approval of such request the Director of Human Resources shall make available Donation of SickNacation Leave forms to employees willing to donate accrued leave time. The donation shall be made as a free and voluntary act and no duress or coercion shall be placed upon an employee to make such donation of his/her accrued leave. Donations of leave shall be made during a fourteen -day period, beginning with the first day after formal approval by the Director of Human Resources and ending four -teen (14) calendar days later. In transferring leave from the donor to the donee, it is the donor's dollar value of the leave that transfers and purchases shared leave for the donee at the donee's salary rate. When such donated leave is used and falls below one hundred (100) hours, the Department Director 37 shall immediately notify the Director of Human Resources or his/her designee, that additional donations of accrued leave shall be necessary. A further donation period shall be established in order to keep the employee in a paid status. in the event of excess donations received but not used due to early recovery, resignation, retirement or death, all donations received but not used shall be returned to the donating employee(s) based on the proportion of hours that employee donated in relation to the total hours donated by all employees (e.g. an employee who donates fifty (50) hours of four hundred and fifty (450) hours total donated shall be credited with 50/450ths of the hours not utilized). Such returned leave shall be reflected in the appropriate leave balance as soon as possible. Time donated for this purpose shall not be considered as time used during the donor's performance rating period, nor shall it affect a donor's right to convert sick leave payment to vacation leave or cash payment, as established in the Code, except that no donated leave may be converted by the recipient. The employee shall immediately notify the Director of Human Resources in writing, of the employee's return to work or of any major change in the employee's/immediate family member's physical condition. Section 12.11 Jury Duty. An employee who is legally summoned to serve on a jury, shall be permitted absence with pay for the time required to perform such duty provided that such leave is reported in advance to the Department Head and the employee provides documentation to Human Resources. In order to receive full pay for such leave, the employee must remit payment which he or she received for jury duty to the City Finance Director. 38 0 If excused or released from such service, the employee should report for his/her regular employment, provided however, that at least four (4) hours remain during the regular workday 0 including travel time. If excused from jury duty an employee must report at the next regular shift. Section 12.12 Bereavement Leave. Bereavement Leave with pay, not to exceed five working days, may be authorized in case of death within the immediate family. Bereavement pay shall be consistent with the terms of the applicable collective bargaining agreement. Any absence in excess of this amount shall be charged to vacation leave, or compensatory time if accrued, or to leave without pay if no vacation or compensatory leave is available. The Department Director may require sufficient proof of a death in the family before compensation is approved and paid. Section 12.13 Military Leave. Any employee who presents official orders requiring his or her attendance for a period of training or other active duty as a member of the United States Armed Forces or the State of Florida National Guard shall be entitled to military leave with no loss of pay, for a period not to exceed thirty (30) calendar days annually (per City Code). Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay and shall be granted by the City. Florida Statutes pertaining to health benefits and re-employment will apply. Section 12.14 Leave Without Pay, A regular employee may be granted leave of absence without pay for a period not to exceed one year for sickness, disability or other good and sufficient reasons which are considered to be in the best interests of the City. Such leave may require supporting documentation and shall require the prior approval of the department head, the Human Resource Director and the City Manager. A department head, with the approval of the Human Resource Director, may grant a regular employee leave without pay for a period not in al excess of fifteen calendar days in any one calendar year. Subject to the requirements of any applicable law and any applicable collective bargaining agreement, the City is not required to return an employee to his or her position and may place the employee in any available position for which they are qualified. Pension benefits will be pro -rated in accordance to the rules of the pension document and applicable with any applicable law. Section 12.15 Family Medical Leave. The FMLA provides that eligible employees shall be allowed up to twelve (12) weeks of unpaid, j ob-protected leave within a 12-month period for any of the following reasons: for the birth or placement of a child for adoption or foster care, to care for an immediate family member (spouse, child or parent) with a serious health condition or to take medical leave when the employee is unable to work because of a serious health condition. The City of Dania Beach uses a "rolling" twelve month period in calculating FMLA leave. This means that each time an employee takes FMLA leave, the amount of leave available would be the difference between any leave already used in the immediately preceding twelve months and the full twelve week allotment. To be eligible an employee must be employed for a total of at least 12 months and 1250 hours. Serious health condition means any illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical -care facility or continuing treatment by a health care provider. Continuing treatment means treatment by a health care provider for: a) Period of incapacity requiring absence of more than three (3) calendar days from work, school or other regular daily activities that also involves continuing treatment by (or under the supervision of a health care provider) M b) Continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated would likely result in a period of incapacity of more than three (3) calendar days. c) Any period of incapacity for pregnancy or prenatal care. An employee and spouse both employed by the City are jointly entitled to a combined total of twelve (12) work -weeks of family leave for the birth or placement of a child for adoption or foster care and to care for a parent (but not parent -in-law) who has a serious health condition. Under some circumstances employees may take FMLA leave intermittently — which means taking leave in blocks of time or by reducing their normal weekly or daily work schedule. If FMLA leave is for birth or placement for adoption or foster care, use of intermittent leave is subject to the City's approval. FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill immediate family member, or because the employee is seriously ill and unable to work. Employees or the City may choose to use accrued paid leave (such as sick leave, vacation leave or personal leave), to cover some or all of the FMLA leave. The City shall be responsible for designating if any employee's use of paid leave counts as FMLA leave based on information from the employee. In no case can use of paid leave be credited as FMLA leave after the leave has ended and the employee has returned to work. Employees requesting to use FMLA leave shall be required to provide: a) 30-day advance notice of the need to take FMLA leave when the need is foreseeable. b) Medical certifications supporting the need for leave due to a serious health condition affecting the employee or an immediate family member. c) Second or third medical opinions and periodic re -certifications (at the City's expense) 41 d) Periodic reports during FMLA leave regarding the employee's status and intent to return to work. When leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as to not unduly disrupt the department's operation. The City is required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. "Health insurance" does not include dental insurance and vision coverage. Employees are required to pay their portion of health insurance premiums while on FMLA leave. If the employee does not return to work after FMLA leave is exhausted, the City may require reimbursement for premiums the City paid on the employee's behalf during the FMLA leave. 0 Upon return from FMLA leave, an employee shall be restored to his/her original position or to an equivalent position with the same rate of pay and benefits. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, the City may refuse to reinstate "key" employees after using FMLA leave during which health coverage was maintained. A "key" employee is a salaried eligible employee who is among the highest paid ten percent (10%) of employees. In order to do so the City shall: a) Notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave. b) Notify the employee as soon as the City decides it will deny job restoration and explain the reasons for this decision; 42 c) Offer the employee a reasonable opportunity to return to work from FMLA leave after giving such notice; and d) Make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. An employee's use of FMLA leave shall not result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave. The above policies and procedures are pursuant to the Family and Medical Leave Act of 1993 it as may be amended from time to time. Section 12.16 Workers' Compensation is defined as compensation for authorized absences from work due to injury or sickness incurred while on duty and directly related to work performed. For the first thirty (30) days employees will receive a combination of Workers' Compensation benefits and a City wage supplement which, when combined, will be equal to the employee's 0 gross wages. In no event shall the total of Workers' Compensation benefits and the wage 0 supplement received from the City equal more than the employee's gross wages in effect at the time of injury. After the first thirty (30) days, continuation of the City supplement to Workers' Compensation will be considered. Any and all Workers' Compensation payments for loss of wages shall be endorsed to the City, and the City will issue a regular payroll check to the employee, unless otherwise determined. The employee shall be required to cooperate in the treatment as prescribed by the City's designated Workers' Compensation physician(s) in order to obtain maximum medical improvement or achieve recovery. Section 12.17 Attendance. Employees are expected to report to their designated worksite/station and to begin performing work immediately after the designated starting time. Employees reporting late to work three (3) times within any consecutive thirty (30) calendar day period, or 43 0 more than a total of nine (9) times within any consecutive twelve (12) month period, shall be issued a verbal reprimand. Additional occurrences of the verbal reprimand may result in further disciplinary action up to and including termination for cause. This policy does not apply to salaried positions. Section 12.18 Returning from Meal Breaks/Breaks. Employees are expected to report back to their work stations from their meal break/breaks on time. This is necessary to relieve employees on break/meal break immediately after them, and to ensure adequate staffing for the department/division at all times. Employees who are late in returning from their break/meal break more than three (3) times within a thirty (30) consecutive calendar day period, shall be issued a verbal reprimand. Additional occurrences after the verbal reprimand may result in further disciplinary action. Section 12.19 Absenteeism. Excessive absenteeism has a negative effect on productivity, and places an additional burden on co-workers to complete their work. It may also cause additional costs to the City in the form of overtime or requiring the hire of temporary employees. Unanticipated absences are those that can not have been foreseen or pre -approved regardless of the reason. Employees claiming three (3) unanticipated absence occurrences within thirty (30) consecutive calendar days or nine (9) or more occurrences in any consecutive twelve (12) month period, may be issued a verbal reprimand. Additional unanticipated absences after the verbal reprimand may result in further disciplinary action. It shall be the responsibility of the employees to call in to their supervisor within one (1) hour of their regularly designated starting time if they are going to be absent. Employee will be asked the reason for the absence, which shall be recorded on the leave request form. Failure to call in to the supervisor, except in emergency situations or if physically unable, shall result in the employee being considered absent without 44 0 leave. Three (3) days absence without notification shall be considered job abandonment and will be recorded as a resignation not in good standing. 12.20 Administrative Leave. Any employee may be placed on Administrative Leave (leave with pay) for reasons in the best interest of the City, the employee or both. Employees on Administrative Leave shall be subject to direction of their activities during non-nal work hours by the City. Such direction shall not be arbitrary or capricious. Employees on Administrative Leave shall suffer no loss in pay or benefits. RULE - 13 BENEFITS Section 13.1 Retirement Plan. All full-time employees shall participate in a retirement program offered by the City. Participation is a term and condition of employment, unless excluded under the City Code. Refer to the Retirement Plan Description for details. Section 13.2 Insurance Prog All full time employees are eligible to participate in the City's Health plan. Refer to the Summary Health Plan Document for details. (The SPD is available in Human Resources, or on the I -Drive under "Benefits"). Section 13.3 Tuition Reimbursement Program. Tuition assistance is available to regular, full- time employees participating in training or educational programs designed to strengthen their abilities, which in turn directly benefits the City. The City Commission shall determine through the annual budget process the amounts of funds available. Requests for reimbursement are subject to the availability of funds for such programs. Employee shall notify their Department Director, in writing on the approved form, of their intention to seek reimbursement. Such request requires approval by the Director of Human Resources, Director of Finance and the City Manager. The amount payable for such reimbursement shall be based upon and not exceed the established credit hour rate of tuition as charged in the state university system at the time FIR enrolled, regardless of the employee's election to attend a private university or college. Training and/or study time will be undertaken during the employee's off -duty time.. If an employee resigns his/her employment with the City within twelve (12) months from the date of completion of any course for which employee has received City tuition reimbursement, then the amount of said reimbursement shall be repaid to the City by the employee by deduction from the employee's final paycheck. In the event that the employee's final paycheck is lesser than the amount reimbursed and employee fails to reimburse the City within thirty (30) days, and the services of an attorney are required to collect such refund, such attorney's fees and court costs shall be added to the reimbursement owed to the City. Section 13.4 Other. The City offers a wide variety of additional benefits which may include Disability Insurance, Credit Union, Deferred Comp Plans, Long Term Care, AFLAC, Service America Plans. The City maintains the right to amend these benefits as needed. 0 RULE 14 - PERFORMANCE EVALUATION S E Section 14.1 Evaluations/Performance Appraisals. The evaluation process provides a method for monitoring job performance based upon established standards and objectives for each position. It also provides a means for: (1) communicating goals and objectives of management to employees; (2) distributing organizational rewards and promotions equitably; (3) motivating employees to improve their performance; and (4) evaluating selection and promotion criteria. All employees shall be evaluated on their anniversary date and every year thereafter during their term of employment with the City. New hires should receive evaluations quarterly, from date of appointment until completion of probation. Human Resources shall notify each department director monthly, in writing, the name(s) of their employees who are due to be evaluated, based upon their anniversary date. Each Department Director shall be responsible to ensure that W, 0 0 evaluations are completed, signed, and returned to the Human Resource Director not more than thirty (30) calendar days after the due date. The failure to receive such evaluation on a timely basis shall allow employees to submit to the grievance procedure as to timeliness. The person completing the evaluation shall be the employee's supervisor who has knowledge of the work of the employee or is the one person most closely acquainted with the employee's work performance. Evaluations shall be objective, and shall not be based on favoritism or retaliation. All employees shall have the opportunity to discuss their evaluation with their supervisor and to effect change on their rating if the employee can demonstrate that such rating was in error. Employees are encouraged to utilize the Self Assessment form for documenting their own performance. Such documentation shall be used to discuss any disputed ratings with their respective supervisors and to support their point of view in the event of a grievance. RULE 15 - RULES AND REGULATIONS FOR DISCIPLINE See 15.1 General. The City Manager, Department Directors, and other authorized representatives will be charged with the responsibility of enforcing and maintaining proper standards of discipline and personal conduct among their employees and are vested with discretionary powers and authority to promulgate the necessary rules and regulations to operate their respective departments in a manner so as to maintain such standards. Section 15.2 Progressive Discipline. In incidents of lower than standard job performance, professional behavior or both, the City will use a system of progressive discipline as a means of providing employees with clear performance and professional behavioral expectations, allowing the employee an opportunity to improve. Progressive discipline will include 47 11 A. Verbal reprimand: The verbal discussion between the supervisor and the employee occurs in order to allow the employee to correct the situation warranting the reprimand before it reaches the stage of a written warning notice. A record of the verbal reprimand shall be placed in the employee's personnel file. B. Written reprimand: A copy of the written reprimand shall be placed in the employee's personnel file and a copy given to the employee. C. Final warning advising the employee that continued employment is at risk. A copy of the final warning shall be placed in the employee's personnel file. D. Dismissal subject to review and approval by the City Manager. Section 15.3 Suspensions Without Pay for Twenty -Four (24) Hours or Less of Scheduled Work. The City may, with recommendation of the department head, for disciplinary purposes, suspend a regular employee without pay for such length of time as the City Manager considers appropriate, but not to exceed sixty days. A written statement of the reason for suspension shall be submitted by the department head to the Human Resource Director for approval prior to written notice being given to the employee affected. In each approved case such statement shall be submitted within 24 hours of the time the suspension becomes effective, excluding Saturdays, Sundays, or general holidays, as provided by the rules or by City Commission authorization. Successive suspensions for the same occurrence shall not be permitted. An employee suspended for twenty-four (24) hours or less shall have the right to appeal the suspension to the Civil Service Board. When a dismissal of suspension of a regular employee is disapproved and a M reinstatement ordered, the employee involved shall receive reimbursement of wages lost due to such suspension. Section 15.4 Suspension Without Pay in Excess of Twenty -Four (24) Hours of Scheduled Work. An employee may, for disciplinary purposes, after review and approval by the City Manager, be suspended without pay for such length of time as the Human Resource Director considers appropriate and as approved by the City Manager. Unless otherwise approved by the City Manager, the suspension shall not exceed sixty (60) days per occurrence. A written statement of the reason for suspension shall be submitted to the employee by the Director of Human Resources. Before the City Manager approves the suspension, the employee shall be afforded a pre -suspension hearing with the Department Director to explain his/her conduct. Such hearing shall be held not later than twenty-four (24) hours prior to the time the suspension becomes effective, excluding Saturdays, Sundays, or legal holidays as defined herein. A regular employee may, with the approval of the City Manager, be suspended with or without pay for a longer period pending the investigation or trial of any charges against him or her. Such employee determined to be innocent of the charges against him or her may be returned to duty with full pay for the period of suspension. Any regular employee suspended in excess of twenty-four (24) hours shall have the right of appeal before the Civil Service Board. When a dismissal or suspension of a regular employee is disapproved and a reinstatement ordered, the employee involved shall receive reimbursement of wages lost due to such suspension. A regular employee may, with the recommendation of the Human Resource Director and approval of the City Manager, be, suspended without pay for a longer period pending the IZ 0 investigation or trial of any charges against him or her. Such employee determined to be innocent of the charges against him or her may be returned to duty with full pay for the period of suspension. Nothing contained herein prohibits such a suspension when a department head deems such action necessary and is unable to secure the approval of the City Manager as long as such approval is obtained within seventy-two hours of the taking of such action. Section 15.5 Demotion for Inability to Perform Duties. The department head, with approval of the City Manager or the Human Resource Director, may when he or she has determined a regular employee is unable to successfully perform the duties of his or her position, demote the regular employee to a position, the duties of which he or she is able to perform in a classification carrying a lower compensation. Status will be given the employee in the new classification. A written statement of the reason for demotion shall be submitted to the employee and to the Human Resource Director. Section 15.6 Dismissal. Dismissal shall be followed if improvement does not result during the process of progressive discipline. However, the City retains the right to forego progressive discipline in favor of immediate termination in any extreme situation, such that immediate termination is warranted. Any employee may be dismissed with the approval of the City Manager for cause subject to the provisions of any applicable collective bargaining agreement. Although dismissals may be based on other causes, any one or more of the following shall be sufficient: A. Incompetence or inefficiency in the performance of duties. B. Conviction of any felony or of a misdemeanor involving moral turpitude. C. Willful violation of any of the provisions of the Charter or these rules., all LI D. Willful violation of any lawful or reasonable regulation, order or direction made or given by a superior officer where such violation has amounted to insubordination or serious breach of proper discipline or has resulted in loss or injury to the public. E. Public intoxication, or drinking intoxicating liquor while on duty, or being under the influence of any illegal substance. F. Offensive conduct or language toward the public or fellow officers or employees, or abusive public criticism of his or her superiors or public officials without first taking such complaint through proper channels. G. Carelessness or negligence in the use of property of the City. H. Attempting to induce any officer or employee of the City to commit an act in violation of any lawful or reasonable regulation. 1. Conduct, either while on or off duty, which reflects discredit upon the City. J. Hindering the regular operation of the department or division because of excessive absenteeism. K. Being absent without leave or failing to report after leave of absence has expired. L. Failure to notify the department head and Human Resource Director within one working day of suspension or revocation of valid driver's or chauffeur's licenses (applies only to employees whose job requires a valid driver's or chauffeur's license). M. Gross or repeated failure to comply with any department rule. 51 RULE 16 - EMPLOYEE GRIEVANCES 0 16.1 Employee Grievances. It shall be the policy of the City of Dania Beach to provide a procedure for the presentation and mutual adjustment of points of disagreement which arise between employees and their supervisors, department heads, or the City Manager, and to assure employees that their problems and complaints will be considered fairly, rapidly and without reprisal. The procedure set forth in this Rule shall not be available if the employee elects or commences to settle the dispute or grievance by a grievance procedure, or similar procedure, created by any applicable collective bargaining agreement. The City has established an internal procedure to investigate and resolve alleged cases of discrimination and harassment which is in addition to existing and adequate procedures established by Broward County, the State of Florida, and the Federal Government. Accordingly, 40 allegations of employment discrimination as described in this section cannot be processed through the grievance procedure or appealed to the Civil Service Board. The primary purpose of this grievance procedure is to determine what is right rather than who is right. Free discussion between employees and supervisors will lead to better understanding by both of practices, policies and procedures which affect employees. This will serve to identify and help eliminate conditions which may cause misunderstanding and grievances. This aforesaid purpose is defeated if a spirit of conflict enters into the consideration of a grievance. Supervisors and employees alike must recognize the true purpose of the grievance procedure if it is to be of value in promoting the well being of the organization. A grievance is a complaint, a view or an opinion pertaining to employment conditions, to relationships between an employee and his or her supervisor or to relationships with other employees. Employees should first discuss any problem or complaint which is in the nature of a 52 0 grievance with their immediate supervisor. In many cases, the immediate supervisor, with the employee's consent, will be able to work out a satisfactory solution or to advise the employee regarding further presentation of his or her grievance. 16.2 Procedure for Presentation of Grievances. A. Discuss With Supervisor: The employee shall first take his or her grievance to his or her immediate supervisor who shall make a decision and advise the employee within three (3) working days. It is necessary that the grievance be presented in writing to the supervisor on the form provided by Human Resources. A copy of the grievance must be submitted to Human Resource to determine if the grievance is subject to established ordinances, administrative regulations, or these rules. Supervisors are encouraged to consult with their division heads, department heads, the Human Resource Director, or any other individuals who may be qualified to offer assistance or information which will aid the supervisor to reach a mutually equitable decision. B. Appeal to Department Head: If the grievance is not resolved by the immediate supervisor to the satisfaction of the employee, or if a decision is not made by him/her within five (5) working days from the date of submission to the department head, the nature of the grievance and the desired solution shall be submitted in writing by the employee to his or her department head with notification to the Human Resource Director. C. Appeal to the Human Resource Director: If the disposition of the grievance by the department head is not satisfactory to the employee, or if a decision is not made within five (5) working days from the date of submission to the department head, the employee may, in writing, request his or her department head to refer his or her grievance to the Human Resource Director. This request must be filed by the employee within five (5) working days after receipt of the 53 department head's decision or within ten (10) days after submission to the department head, if such department head did not make a decision. The Human Resource Director may affirm, deny, or modify the decision of the department head. If the disposition of the grievance by the Human Resource Director is not satisfactory to the employee, or if a decision is not made within five (5) working days from the date of submission to the Human Resource Director, the employee may, in writing, request that the Human Resource Director refer the grievance to the City Manager or the Civil Service Board for a hearing. This request must be filed by the employee within five (5) working days after request of the Human Resources Director's decision or within ten (10) days after submission to the Director, if the Director did not make a decision. D. Appeal to the City Manager: If the disposition of the grievance by the Human Resource Director is not satisfactory to the employee, or if a decision is not made within five working days from the date of submission to the Human Resource Director, the employee may, in writing, request the Human Resource Director to refer his or her grievance to the City Manager but the request must be timely filed as set forth above in paragraph C. The City Manager may affirm, deny or modify the decision of the Human Resource Director. If the disposition of the grievance by the City Manager is not satisfactory to the employee, or if a decision is not made within five working days from the date of submission to the City Manager, the employee may, in writing, request that the Civil Service Board hear the grievance. This request must be filed by the employee within five (5) working days after receipt of the City Manager's decision or within ten (10) days after submission to the City Manager if the City Manager did not make a decision. 54 Section 16.3 Civil Service Board Hearing Civil Service employees who are discharged, demoted, or who claims the rules have been misinterpreted to his or her detriment, may within five days after exhausting the appeal process as described in Section 16.2 Civil Service Administrative Code, request in writing, a hearing in front of the Civil Service Board. If the employee does not choose to invoke the right of appeal within five (5) days of the last step of the grievance process, that employee will have waived his or her right to a hearing. The request for a hearing must be in writing, shall state the matter in dispute and the requested remedy or solution. The Board shall set a time and place for the hearing within five (5) days of the submission. Written notice shall be given by the Board to the employee, the department head, the Human Resource Director and the City Manager of the time and place set for the hearing. The employee shall have the burden of proof by establishing beyond the greater weight of evidence that the City's actions were unjustified under the provisions of the Civil Service Administrative Code. Both parties may present evidence which is relevant and material to the issues. Within 48 hours after completion of the hearing, the Board shall report its findings, in writing to the employee, the department head, Human Resource Director and City Manager. The finding shall be inclusive and final. The Board may, in the case of dismissal or suspension, and upon good cause shown, mitigate the City's action against an employee. If the Civil Service Board finds that the action complained of was taken as a result of misinterpretation of these rules, or other insufficient reason, the employee shall be reinstated to his or her position without loss of pay. 55 RULE 17 - SEPARATION Section 17.1 Resignation. Any employee wishing to leave the City Service in good standing shall file with his or her department head, at least two weeks before leaving, a written resignation stating the date the resignation shall become effective and the reason for leaving. Failure to comply with this procedure may be considered cause for denying such employee future employment by the City. Unauthorized absence from work for a period of three working days will be considered by the department head as job abandonment and will result in termination of employment. Department heads shall forward all notices of resignation to the Human Resource Director immediately upon receipt. Section 17.2 Layoff. An employee may be laid off in the Classified Service whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position, or because of changes in organization; however, no regular employee shall be laid off while there are temporary, provisional or probationary employees serving in the same position within the department for which the regular employee is eligible and available. Whenever the layoff of one or more employees shall become necessary, the City Manager shall notify the Human Resource Director at least ten days in advance of the intended action, and the reasons therefore The Human Resource Director shall thereupon furnish to the City Manager the names of the employees to be laid off in the order in which such layoff shall be effected. Any layoff shall be strictly by seniority and in accordance with Section 2. Such layoffs shall be made within classifications (other than Fire classifications) of positions and departments when probationary and regular employees are involved. Temporary, provisional and part-time employees, irrespective of departments, shall be laid off, in that order, prior to layoff of probationary or regular employees. The order of layoff shall be determined 56 based on efficiency and seniority. The Human Resource Director shall prescribe the method of computing efficiency and seniority and shall prescribe the relative weighing of each. The City shall provide two weeks written notice to any employee prior to such employee being laid off. RULE 18 - AMENDMENT OF CIVIL SERVICE ADMINISTRATIVE CODE Amendments or revisions to the rules may be recommended for adoption by the Human Resource Director, the City Manager, or by the City Commission on its own motion. Proposed amendments shall be presented at a public hearing of the Commission. Such amendments or revisions of this code shall become effective as provided in a resolution of the City Commission. RULE 19 - SAVING CLAUSE If any section or part of a section of this code is held by any court to be invalid or unconstitutional, the same shall not invalidate or impair the validity, force and effect of any other section or part of a section of this code unless it clearly appears that such other section or part of a section is wholly or necessarily dependent for its operation upon a section or part of a section held invalid or unconstitutional. 57 7,1 0 0 .0 CITY OF DANIA BEACH DEPARTMENT OF HUMAN RESOURCES AND RISK MANAGEMENT TO: City Comm iss ion, City of Dan la Beach FROM: Mary McDonald, Director Human R.Jesour cc: Lou ise S tils on, C ity C le rk Thomas Ansbro, City Attorney Ivan Pato, City Manager DATE: May 10, 2004 S UBJ E CT: Replacement Pages: Civil Service Code P lease replace pages 32, 33, and 43 of the C ivil S ervice Code wh ich was distributed in your agenda package, with the attached pages. I apologize for the inconvenience. 1APerDir\GENERAL CORRESPONDENCEWEMOSNemo Template HR.doc I Upon termination of employment, payment for accrued compensatory leave will be paid at 100%. Section 12.4 Legal —olidays. The following days shall be observed by all Civil Service employees as holidays: New Year's Day, Martin Luther King Junior's Birthday Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving Day, Christmas Day, Christmas Eve, and such other days as inay be designated from time to time by the City Commission, and/or the applicable collective bargaining agreement or both. Holidays occurring on a Saturday shall be observed on the previous Fniday. Holidays occurring on a Sunday shall be observed on the following Monday. Holidays must be taken as they occur and may not be accumulated. The employee must work the day before and the day after each holiday to be eligible for holiday pay with the exception of normal days off or excused absences. An illness the day before or after a holiday will be 0 considered excused when a doctor's note is provided. In the event of an unexcused absence before or after consecutive paid holidays, the employee will be docked for one paid holiday. All employees shall be allowed to take vacation, personal or compensatory leave, if available, for religious reasons, including but not limited to attendance or participation in services for Good Friday, Passover, Yom Kippur, Rosh Hashanah, or other recognized religious days. This leave is subject to the discretion of the Department Director or his/her designee, but shall not be unreasonably withheld. Regular part-time employees shall be granted holiday pay on a prorated basis. If a holiday falls on a regular day off, the employee shall be scheduled for a shift off during the same pay period, or shall be credited with additional vacation leave at the rate of one additional vacation day for each holiday worked. Members of the Fire Department and such other employees required to be on regular duty on legal holidays shall receive additional 0 32 F, - LI-1 compensation for such holiday work or shall be credited with additional vacation leave at the rate of one additional vacation day for each holiday worked or as otherwise specified in the applicable Collective Bargaining Agreement ("CBA"). Section 12.5 Vacation Leave. Regularly employed full time employees (including Fire Department clerical personnel) shall accrue paid vacation leave each pay period be in accordance with the following schedule: REGULAR FULL TIME EMPLOYMENT I St year but less than 5 years More than 5 years but less than 12 years More than 12 years DEPARTMENT HEADS More than I year but less than 5 years More than 5 years but less than 12 years More than 12 years FIRE DEPARTMENT (excluding clerical) VACATION LEAVE 3.08 hours per period (=2 weeks per year) 4.62 hours per period (=3 weeks per year) 6.15 hours per period (=4 weeks per year) VACATION LEAVE 4.62 hours per period (=3 weeks per year) 6.15 hours per period (=4 weeks per year) 7.69 hours per period (=5 weeks per year) VACATION LEAVE DETERMINED BY COLLECTIVE BARGAINING AGREEMENT In computing vacation leave earned, only those months shall be counted during which an employee has worked three quarters or more of his or her regular work days. Vacation leave shall accrue from date of employment, but may not be granted in advance of being actually earned. Vacation may be taken at any time, subject to the approval of the department head who shall schedule vacations so as to meet the operating requirements of the department. Employees may accrue vacation leave up to a maximum of the leave earned in two calendar years. In the event an employee has been denied vacation by his or her supervisor and 33 c) Offer the employee a reasonable opportunity to return to work from FMLA leave after giving such notice; and d) Make a final detennination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. An employee's use of FMLA leave shall not result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave. The above policies and procedures are pursuant to the Family and Medical Leave Act of 1993 it as may be amended from time to time. Section 12.16 Workers' Compensation is defined as compensation for authorized absences from work due to injury or sickness incurred while on duty and directly related to work performed. For the first thirty (30) days employees will receive a combination of Workers' Compensation benefits and a City wage supplement which, when combined, will be equal to the employee's 0 gross wages. In no event shall the total of Workers' Compensation benefits and the wage 11 supplement received from the City equal more than the employee's gross wages in effect at the time of injury. After the first thirty (30) days, continuation of the City supplement to Workers' Compensation will be considered. Any and all Workers' Compensation payments for loss of wages shall be endorsed to the City, and the City will issue a regular payroll check to the employee, unless otherwise determined. The employee shall be required to cooperate in the treatment as prescribed by the City's designated Workers' Compensation physician(s) in order to obtain maximum medical improvement or achieve recovery. Section 12.17 Attendance. Employees are expected to report to their designated works ite/station and to begin perfon-ning work immediately after the designated starting time. Employees reporting late to work three (3) times within any consecutive thirty (30) calendar day period, or 43 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on May 12, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinance entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 2-5 OF THE CITY CODE OF ORDINANCES AND ADOPTING NEW RULES PERTAINING TO THE COMPOSITION AND DUTIES OF CIVIL SERVICE BOARD; ESTABLISHING AN APPELLATE PROCEDURE FOR HEARINGS BEFORE THE BOARD; ESTABLISHING AN ADMINISTRATIVE CODE PERTAINING TO EMPLOYEE BENEFITS AND WORK -RELATED MATTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance is on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. 40 Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Louise Stilson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. Run in Sun Sentinel: May 1, 2004 U /s/ Louise Stilson City Clerk