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HomeMy WebLinkAboutReso 2015-2415 RESOLUTION NO. 2015- Z1-1 ( r� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AMENDMENTS TO THE CITY'S PERSONNEL POLICY MANUAL, IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach Personnel Policy Manual provides guidance on procedures, benefits, and the general operation of the City; and WHEREAS, the Manual is a living document that is subject to change on an as-needed basis; and WHEREAS, the City is in the process of doing a comprehensive review of the Personnel Policy Manual as many of the personnel policies that are currently in place need to be updated in order to reflect the currently established practices of Human Resources, and new ones need to be added; and WHEREAS, the City Commission now desires to amend the City's Personnel Policy Manual, in substantially the same form as attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Personnel Policy Manual. The City Commission hereby approves the updated policies to the Personnel Policy Manual, in substantially the same form attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED and ADOPTED this 21st day of Ma 015. George H choll, Mayor ATTEST: ti' •Jane A. Hines: IM ,-CC44CJerk ""f - .. r.. R2015-Personnel Policy Amendment Page 1 of 2 APPROVED AS TO FORM AND LEGA . r r CY Hans Ottinot, City Attorney Moved by: Y t•Ge._ !0 c 'rrb Second by: lbM.nn.,c al bt.)(te LcV1) VOTE: S-o Mayor Scholl V (Yes) (No) Vice Mayor Gatto ✓ (Yes) (No) Commissioner Aelion ✓(Yes) (No) Commissioner Goldman V(Yes) (No) Commissioner Levin (Yes) (No) P2015-Personnel Policy Amendment Page 2 of 2 (� \i ° = City of Sunny Isles Beach Personnel Policy and Procedure Policy Name INTRODUCTORY/PROBATIONARY PERIOD Policy Number 210:1 Effective Date 10/1/04 Revision Date(s) 12/1/05; 4/19/12; 11/20/14; 5/21/15 Prepared By, Title Human Resources Director Approved By, Title City Manager • POLICY: It is the policy of the City that all new employees and all present employees transferred or promoted to a new job should be carefully monitored and evaluated for an initial introductory/probationary period. PROCEDURE: The introductory/probationary period is six twelve (6-12) months. Supervisors should observe carefully the performance of each employee in a new job position. Where appropriate w akncsvcs in performance, behavior, or development should be employee's attention for correction and additional training provided, if has an opportunity to improve. 2. Supervisors should conduct an evaluation of the employee's job performance at the end of the first ten weeks three (3) months, six (6) months and 20 weeks nine (9) months (same for sworn police officers) on the new job using the performance evaluation form prepared by the city. The evaluation should include a recommendation as to whether the employee should continue in the position. Copies of the evaluation should be forwarded to the department head and the Human Resources Department for inclusion in the employee's personnel file. 3. Employees generally will be allowed to continue in their new positions if they are given both a satisfactory evaluation at the end of their initial ten week and twenty week employment evaluation periods described in paragraph 2 above and have received their supervisor's endorsement to continue in the job. Employees who do not receive a satisfactory ten week or twenty week evaluation may be terminated or given additional time in 30-day increments to demonstrate their ability to do the job, provided the supervisor feels additional time is warranted in order to achieve CODING: Words stricken are deletions, words underlined are additions. Policy 210:1 —Introductory/Probationary Period Exhibit "A" Page 1 of 2 acceptable job performance. This does not alter the at-will employment policy of the City. 4. Department Heads may recommend the termination of a newly hired, of transferred, or probationary employee at any time. A recommendation for termination should be submitted in writing through the Human Resources Director e - -- •- . - - - - '- z- - to the City Manager, or appointing authority with a copy to the City Manager, e - .•- • - •_ _- _ _ -e" _ _ _ __ _• _ _ _• actions, if any, taken to assist the employee. New hires terminated prior to completion of six months employment probation are not eligible for severance pay. 5. The introductory/probationary period will be extended by the number of workdays missed because of any approved leave of absences. The City Manager or his/her designee may extend the introductory/probationary period of any employee if he/she deems it appropriate to do so. 6. At the discretion of management, transferred or promoted employees who are unable to perform satisfactorily in their new jobs may be returned to their original jobs, if a vacancy exists, or may be terminated. 7. At all times, including after successful completion of the introductory/probationary period, employment with the City is considered to be "at-will," and the employment relationship may be terminated at any time for any reason by either party. CODING: Words stricken are deletions, words underlined are additions. Policy 210:1 -Introductory/Probationary Period Page 2 of 2 SuNNT,tEl " City of Sunny Isles Beach Personnel Policy and Procedure Policy Name VACATIONS Policy Number 504:1 Effective Date 10/1/04 Revision Date(s) 5/15/08; 5/21/2015 Prepared By, Title Human Resources Director Approved By, Title City Manager POLICY: It is the policy of the City to grant annual vacations with pay to eligible full-time and eligible part-time employees in accordance with the guidelines established below. ELIGIBILITY: All regular appointment full time classified position employees and regular appointment part-time classified position employees who accrue vacation pro rata. (note: Non- classified position employees may be eligible as prescribed by employment agreement or as directed by the City Commission or City Manager.) PROCEDURE: 1) The established vacation year is the calendar year, January 1 through December 31 each year. Vacations are accrued or earned based on the employee's length of service and on the time actually worked. In addition, the City has a 'use it or lose it' policy in which no more than three (3) years of unused vacation may be carried over to the next year. Normally vacation must be taken in the year in which it is accrued. a) A minimum of one (1) week accrued vacation must be taken each year for employees in their first through tenth year of service with the City; b) A minimum of two (2) weeks accrued vacation must be taken each year for employees in their eleventh through nineteenth year of service; c) A minimum of three (3) weeks accrued vacation must be taken each year for employees in their twentieth year or more of service with the City. CODING: Words stricken are deletions, words underlined are additions. SunnylslesAgenda.4013.1.504-1_Vacations Page 1 of 5 2) Vacation accruals will be as follows: a) General full-time employees and Department Heads, hired prior to May 15, 2008, will accrue paid vacation according to the following schedule; eligible part-time employees accrue pro rata (annual totals should be rounded to the nearest whole day): SERVICE PERIOD PAID VACATION Date of Hire to 5 years service* 1.539 hours per week (10 days/year) 5 to 10 years service 2.308 hours per week (15 days/year) 10 * to 15 years service 3.077 hours per week (20 days/year) 15 + years service and over** 3.846 hours per week (25 days/year) *Note: Department Heads, when appointed as such, accrue at the 15 days/year rate; at five (5) years of service anniversary, an additional three (3) Floating Holidays will be immediately authorized. **Note: Accruals for 15+ years service will not be adjusted retroactively upon revision of this policy. b) General full-time employees, hired after May 15, 2008, will accrue paid vacation according to the following schedule; eligible part-time employees accrue pro rata (annual totals should be rounded to the nearest whole day): SERVICE PERIOD PAID VACATION Date of Hire to 5 years service 1.539 hours per week (10 days/year) 5 to 10 years service 2.308 hours per week (15 days/year) 11 years service 2.462 hours per week (16 days/year) 12 years service 2.616 hours per week (17 days/year) 13 years service 2.770 hours per week (18 days/year) 14 years service 2.923 hours per week (19 days/year) 15 years service 3.077 hours per week (20 days/year) CODING: Words stfislcen are deletions, words underlined are additions. SunnylslesAgenda.4013.1.504-1_Vacations Page 2 of 5 RESOLUTION NO. 2015- Z1-1 ( r� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AMENDMENTS TO THE CITY'S PERSONNEL POLICY MANUAL, IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach Personnel Policy Manual provides guidance on procedures, benefits, and the general operation of the City; and WHEREAS, the Manual is a living document that is subject to change on an as-needed basis; and WHEREAS, the City is in the process of doing a comprehensive review of the Personnel Policy Manual as many of the personnel policies that are currently in place need to be updated in order to reflect the currently established practices of Human Resources, and new ones need to be added; and WHEREAS, the City Commission now desires to amend the City's Personnel Policy Manual, in substantially the same form as attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Personnel Policy Manual. The City Commission hereby approves the updated policies to the Personnel Policy Manual, in substantially the same form attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED and ADOPTED this 21st day of Ma 015. George H choll, Mayor ATTEST: ti' •Jane A. Hines: IM ,-CC44CJerk ""f - .. r.. R2015-Personnel Policy Amendment Page 1 of 2 APPROVED AS TO FORM AND LEGA . r r CY Hans Ottinot, City Attorney Moved by: Y t•Ge._ !0 c 'rrb Second by: lbM.nn.,c al bt.)(te LcV1) VOTE: S-o Mayor Scholl V (Yes) (No) Vice Mayor Gatto ✓ (Yes) (No) Commissioner Aelion ✓(Yes) (No) Commissioner Goldman V(Yes) (No) Commissioner Levin (Yes) (No) P2015-Personnel Policy Amendment Page 2 of 2 SuNNT,tEl " City of Sunny Isles Beach Personnel Policy and Procedure Policy Name VACATIONS Policy Number 504:1 Effective Date 10/1/04 Revision Date(s) 5/15/08; 5/21/2015 Prepared By, Title Human Resources Director Approved By, Title City Manager POLICY: It is the policy of the City to grant annual vacations with pay to eligible full-time and eligible part-time employees in accordance with the guidelines established below. ELIGIBILITY: All regular appointment full time classified position employees and regular appointment part-time classified position employees who accrue vacation pro rata. (note: Non- classified position employees may be eligible as prescribed by employment agreement or as directed by the City Commission or City Manager.) PROCEDURE: 1) The established vacation year is the calendar year, January 1 through December 31 each year. Vacations are accrued or earned based on the employee's length of service and on the time actually worked. In addition, the City has a 'use it or lose it' policy in which no more than three (3) years of unused vacation may be carried over to the next year. Normally vacation must be taken in the year in which it is accrued. a) A minimum of one (1) week accrued vacation must be taken each year for employees in their first through tenth year of service with the City; b) A minimum of two (2) weeks accrued vacation must be taken each year for employees in their eleventh through nineteenth year of service; c) A minimum of three (3) weeks accrued vacation must be taken each year for employees in their twentieth year or more of service with the City. CODING: Words stricken are deletions, words underlined are additions. SunnylslesAgenda.4013.1.504-1_Vacations Page 1 of 5 2) Vacation accruals will be as follows: a) General full-time employees and Department Heads, hired prior to May 15, 2008, will accrue paid vacation according to the following schedule; eligible part-time employees accrue pro rata (annual totals should be rounded to the nearest whole day): SERVICE PERIOD PAID VACATION Date of Hire to 5 years service* 1.539 hours per week (10 days/year) 5 to 10 years service 2.308 hours per week (15 days/year) 10 * to 15 years service 3.077 hours per week (20 days/year) 15 + years service and over** 3.846 hours per week (25 days/year) *Note: Department Heads, when appointed as such, accrue at the 15 days/year rate; at five (5) years of service anniversary, an additional three (3) Floating Holidays will be immediately authorized. **Note: Accruals for 15+ years service will not be adjusted retroactively upon revision of this policy. b) General full-time employees, hired after May 15, 2008, will accrue paid vacation according to the following schedule; eligible part-time employees accrue pro rata (annual totals should be rounded to the nearest whole day): SERVICE PERIOD PAID VACATION Date of Hire to 5 years service 1.539 hours per week (10 days/year) 5 to 10 years service 2.308 hours per week (15 days/year) 11 years service 2.462 hours per week (16 days/year) 12 years service 2.616 hours per week (17 days/year) 13 years service 2.770 hours per week (18 days/year) 14 years service 2.923 hours per week (19 days/year) 15 years service 3.077 hours per week (20 days/year) CODING: Words stfislcen are deletions, words underlined are additions. SunnylslesAgenda.4013.1.504-1_Vacations Page 2 of 5 20 + years service 3.846 hours per week (25 days/year) c) Sworn police personnel will accrue paid vacation according to the following schedule: SERVICE PERIOD PAID VACATION Date of Hire to 5 years service 1.539 hours per week (10 days/year) Y p ( 5 to 10 years service 2.308 hours per week (15 days/year) 10 to 15 years service 3.077 hours per week (20 days/year) 15 + years service 3.846 hours per week (25 days/year) d) Department Head employees, hired after May, 15, 2008, will accrue paid vacation according to the following schedule: SERVICE PERIOD PAID VACATION Date of Hire to 5 years service 2.308 hours per week (15 days/year) 10 + years service 3.077 hours per week (20 days/year) 15 + years service 3.846 hours per week (25 days/year) 3) Regular appointment Part-time classified position employees who work at least 20 hours per week (1,040 hrs per year) are entitled to vacation on a pro-rata basis. The amount of annual accrued vacation will be determined pro rata on the same schedule as that for full-time employees (see above), but the pay will be based on the employee's average number of part-time hours per week during the vacation accrual year. Part-time employees working less than 20 hours per week, temporary employees, and intermittent employees do not receive paid vacation. 4) Employees may not take paid vacation until they have actually earned the vacation. New employees accrue paid vacation upon initial employment but may not take any vacation until they have completed their introductory period or as authorized by the department head and approved by the City Manager. CODING: Words stricken are deletions, words underlined are additions. SunnylslesAgenda.4013.1.504-1_Vacations Page 3 of 5 20 + years service 3.846 hours per week (25 days/year) c) Sworn police personnel will accrue paid vacation according to the following schedule: SERVICE PERIOD PAID VACATION Date of Hire to 5 years service 1.539 hours per week (10 days/year) Y p ( 5 to 10 years service 2.308 hours per week (15 days/year) 10 to 15 years service 3.077 hours per week (20 days/year) 15 + years service 3.846 hours per week (25 days/year) d) Department Head employees, hired after May, 15, 2008, will accrue paid vacation according to the following schedule: SERVICE PERIOD PAID VACATION Date of Hire to 5 years service 2.308 hours per week (15 days/year) 10 + years service 3.077 hours per week (20 days/year) 15 + years service 3.846 hours per week (25 days/year) 3) Regular appointment Part-time classified position employees who work at least 20 hours per week (1,040 hrs per year) are entitled to vacation on a pro-rata basis. The amount of annual accrued vacation will be determined pro rata on the same schedule as that for full-time employees (see above), but the pay will be based on the employee's average number of part-time hours per week during the vacation accrual year. Part-time employees working less than 20 hours per week, temporary employees, and intermittent employees do not receive paid vacation. 4) Employees may not take paid vacation until they have actually earned the vacation. New employees accrue paid vacation upon initial employment but may not take any vacation until they have completed their introductory period or as authorized by the department head and approved by the City Manager. CODING: Words stricken are deletions, words underlined are additions. SunnylslesAgenda.4013.1.504-1_Vacations Page 3 of 5 5) During each vacation accrual year, employees must actually work at least ninety percent of their normally scheduled time each pay period, not including time off for paid short-term absences, vacations, or holidays, in order for the pay period to count for vacation accrual purposes. 6) Employees who feel that there is a discrepancy in the calculation of their vacation pay or eligibility may request a review of that calculation by the Finance Department. 7) Vacation pay for eligible full-time and eligible part-time employees will consist of the employee's regular rate of pay for the vacation period and generally will be paid on the regularly scheduled payday. Employees who want to receive vacation pay before their vacation (advance pay) must submit a written request to the Finance Department at least two weeks, but not more than 30 days, before the vacation is scheduled to begin. 8) Generally, employees should submit vacation plans to their supervisor at least four weeks in advance of the requested vacation date (Police Department employees, follow that department's SOP.) Management reserves the right to designate when some or all vacations must be taken. Supervisors are responsible for ensuring adequate staffing levels and should attempt, when feasible, to resolve vacation scheduling conflicts based on length of service. However, employees who want to change their plans after the vacation schedule has been set lose their seniority consideration. 9) Employees on a leave of absence, other than a military leave of absence, are required to use accrued vacation and sick leave as part of the leave, as specified in Leaves of Absence, policy 704:1. In addition, employees on an authorized leave of absence who have no accrued time available will not accrue any new vacation time during the leave. 10) Vacations of less than half of a full work day (4 hours on an 8 hour schedule) generally will not be granted and will be reviewed on a case-by-case basis by the Department Head and the City Manager for final approval. Vacations of more than two consecutive weeks require the approval of the City Manager. 11) Employees generally may not receive vacation pay in lieu of time off. In addition, employees will not be paid for any unused vacation remaining at the end of the vacation year. Up to three (3) years of accrued unused vacation may be carried over; any remaining unused vacation time will be forfeited. (Deviation from this policy requires approval of the City Manager.) 12) When employment is terminated, employees will receive vacation pay for up to three (3) years of unused vacation provided termination is not for disciplinary reasons. Vacation payment for accruals of more than one (1) year will be CODING: Words stricken are deletions, words underlined are additions. SunnylslesAgenda.4013.1.504-1_Vacations Page 4 of 5 calculated by averaging the employee's rate of pay for the last three years of service (provided the amount of accrued vacation time to be paid is two or three years worth.) 13) If a City paid holiday falls within an employee's vacation period, an additional day of vacation will be granted. This additional day may be taken at the beginning or end of the employee's vacation period or at another time during the vacation year, subject to the supervisor's approval. (See Holidays, policy 505:1) No allowance will be made for sickness or other type of absence, except for bereavement, occurring during a pre-approved/scheduled vacation. 14) Employees have until January 4th each year to use vacation that might otherwise be lost as well as to use the minimum vacation time as indicated: one to nine years service requires that one week be taken; ten to nineteen years service requires that two weeks be taken; twenty years service and over requires that three weeks be taken. FORMS: Time Off Request/Report Form (HRD) CODING: Words stricken are deletions, words underlined are additions. SunnylslesAgenda.4013.1.504-1_Vacations Page 5 of 5 ANN♦ S, City of Sunny Isles Beach Personnel Policy and Procedure Policy Name LEAVES OF ABSENCE Policy Number 704:1 Effective Date 5/21/15 Revision Date(s) Prepared By, Title Human Resources Director Approved By, Title City Manager POLICY: It is the policy of the City to grant employees extended leaves of absence under certain circumstances. Except as stated below, employees will not receive compensation during a leave of absence. (For policy statements regarding absences of short duration, see Attendance and Punctuality, policy 701:1; and Short-Term Absences, policy 702:1) PROCEDURE: 1. The City will comply with the provisions of the federal Family and Medical Leave Act ("FMLA"). 2. Employees generally are eligible for leaves of absence if they have completed at least one year of service, or as specified by law. The granting and duration of each leave of absence and the compensation received by the employee, if any, during the leave of absence will be determined by the City in conjunction with applicable federal and state law. The following types of leaves will be considered: a. Medical Leave of Absence: Employees who are unable to work because of a non-job related serious health condition, disability, or injury may be granted a paid, or unpaid (if the employee has no accrued time), medical leave of absence (which will be in conjunction with the FMLA provided the condition falls within the parameters of the FMLA.) This type of leave covers disabilities caused by pregnancy, childbirth, or other related medical conditions. The City requires certification of an employee's need for medical leave, both before the leave begins and on a periodic basis thereafter, by the employee's health care provider. b. Parental Leave of Absence: Female employees, when not disabled by pregnancy or childbirth (see above), and male employees may be granted a parental leave of absence (under the FMLA) to care for the employee's CODING: Words stricken are deletions, words underlined are additions. Policy 704:1 —Leaves of Absence Page 1 of 4 • child upon birth or in connection with a child's placement with the employee for adoption or foster care. c. Family Care Leave of Absence: Employees may be granted a family care leave of absence for the purpose of caring for the employee's child, spouse, parent, or grandparent who has a serious health condition (under the FMLA), or if the condition is not considered a serious health condition pursuant to the FMLA, up to five days of accrued sick leave per year (not per incident) may be used in one (1) hour blocks of time (medical certification may be required). Under the FMLA, the City requires certification of the family member's serious health condition, both before the leave begins and on a periodic basis thereafter, by the family member's health care provider. • d. Personal Leave of Absence: Employees may be granted an unpaid leave of absence to attend to personal matters in cases in which the City determines that an extended period of time away from the job will be in the best interest of the employee and the City wed and approved by the City Manager. In certain circumstances, the City Manager may authorize paid leave provided the employee has accrued time available, i.e., vacation. Employees will not accrue vacation time, sick leave, seniority or length of service during this time. e. Military Leave of Absence: A military leave of absence will be granted if an employee is absent in order to serve in the uniformed services of the United States for a period of up to five years (not including certain involuntary extensions of service) pursuant with the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and Florida laws under Title X, Ch. 115 regarding military leave. An employee is eligible for military leave beginning the first day of employment. Employees who perform and return from service in the Armed Forces, the Military Reserves, the National Guard, or certain Public Health Service positions will retain certain rights with respect to reinstatement, seniority, layoff, compensation, length of service promotions, and length of service pay increases, as required by applicable federal or state law. During participation in annual encampment or training duty in the U.S. Military Reserves or the National Guard, the employee may be eligible to have the City pay normal straight time pay and eligible benefits for up to 17 working days in any annual period; the employee may be eligible to receive an unpaid leave of absence (or paid if the employee has accrued vacation, personal, or comp time available) for any voluntary activation thereafter. For Involuntary activation for thirty (30) or more calendar days as result of a state or national emergency, the employee may be eligible to CODING: Words stricken are deletions, words underlined are additions. Policy 704:1 —Leaves of Absence Page 2 of 4 receive full straight time pay with eligible benefits for the first thirty (30) days of activation and thereafter receive the difference between what an employee earns from the government for military service and what the employee would have earned from normal straight-time pay on the job (provided it is more) with paid eligible benefits for up to one (1) year. Continuation of pay and eligible benefits for more than one (1) year of military activation due to state or national emergency will be handled on a case by case basis and pursuant to federal and state laws. f. Leaves of absence approvals are subject to the operational needs of the Department. 3. Requests for a leave of absence or any extension of a leave ordinarily should be submitted in writing to the employee's department head at least thirty (30) days before the start of the leave or extension period. When the need for leave or an extension is not foreseeable, employees should give as much notice as is possible. The department head will forward the request through the Human Resources Director, recommending approval or denial. The final decision concerning the request will be made by the City Manager. All employees on approved leave are expected to report to the department head or the Human Resources Director any change of status in their need for a leave or in their intention to return to work, and must report their status on a weekly basis. 4. Employees who are on an approved leave of absence may not perform work for any other employer during the leave, except when the leave is for military or public service or as allowed by federal or state law. Employees found to be performing work for any other employer shall be -e- _ -_ e" '" _ _ --- • - the City disciplined, including but not limited to termination. 5. Every employee on a medical leave or family care leave of absence will be required to use all accrued personal, vacation, and sick days while on the leave {those employees on authorized FMLA as result of their own serious health condition may reserve and not be required to use up to five (5) sick leave days -_ _ _ _-_ _ _ _ . However, employees may not use paid leave, if they are receiving compensation under the City's disability or workers' compensation insurance programs. Every employee on a parental, personal or extended public service leave of absence will be required to use all accrued personal and vacation days while on leave. 6. The City will provide health insurance and other benefits to employees on leave as required by law. Benefits that accrue (such as paid vacation, and sick leave) do not accrue during periods of unpaid leave or during periods in which the employee receives worker's compensation or disability benefits unless otherwise specifically provided by the terms of the benefit plan document or policy. CODING: Words stricken are deletions, words underlined are additions. Policy 704:1 —Leaves of Absence Page 3 of 4 7. Employees returning from a leave of absence will be reinstated to their same job or to an equivalent job with equivalent status and pay, as required by law. Employees returning from a medical leave must provide certification of their ability to perform the functions of their job. Employees returning from a military leave also must comply with all of the reinstatement requirements specified by federal law. If the same job or one of equivalent status and pay is not available as a result of a reduction in force, the employee will be treated in the same manner as though he/she had been actively employed at the time of the reduction of force. 8. Employees who are unable to report for work because of arrest and incarceration will be placed on a special personal leave of absence (in a paid status if the employee has accrued vacation, floating holidays or comp time available). The employee is required to notify the employee's department head within forty-eight (48) hours of incarceration or are subject to separation from employment with the City discipline, including but not limited to termination. If the employee is unable to secure bail, the leave of absence will continue until final disposition of the charges. If the employee is freed on bail, the employee's department head, the Human Resources Director and City Manager will decide whether active employment is appropriate pending final disposition of the charges. Notwithstanding the aforementioned, if the employee is unable to return to work within three (3) days, the employee shall be deemed to abandon his/her employment and termination is automatic. 9. If an employee fails to return to work at the conclusion of an approved leave of absence, including any extension of the leave, the employee may be considered to have voluntarily terminated employment. 10.Employees who are absent from work for more than three consecutive days without giving proper notice to the City may be considered to have voluntarily terminated employment unless there are substantiated mitigating circumstances that the City accepts. In the absence of acceptable mitigating circumstances, the City will formally note the termination and advise the employee of the action by certified mail to the employee's last known address. CODING: Words stricken are deletions,words underlined are additions. Policy 704:1 —Leaves of Absence Page 4 of 4 NNV,j,F • I. City of Sunny Isles Beach Personnel Policy and Procedure Policy Name DOMESTIC PARTNERSHIPS Policy Number 502:2 (NEW) Effective Date 5/21/15 Revision Date(s) Prepared By, Title Human Resources Director Approved By, Title City Manager POLICY: To establish a policy concerning the extension of certain employment benefits to employees in domestic partnerships and their dependents, as authorized under Chapter 172 of the City Code. DEFINITIONS: "Domestic Partners" — means (1) adults who have registered their domestic partnership pursuant to Miami-Dade City Code Section 11A-72, or (2) adults whose relationship has been formalized in another locality, state, or country through a marriage, civil union, domestic partnership, or the like, that is authorized by law in that jurisdiction but that is not recognized under Florida law. ELIGIBILITY: In order to qualify for benefits under this Policy, employees must register their domestic partnership with Miami-Dade County. Pursuant to Miami-Dade County Ordinance No. 08-61; Section 11A-72, Domestic Partners must meet the following requirements to register with Miami-Dade County: 1. Both adults are 18 years of age or older; 2. Competent to enter into a contract; 3. Not married under Florida law, a partner to another domestic partnership relationship, or a member of another civil union; 4. Not related to the other by blood; 5. Consider themselves to be a member of the immediate family of the other partner and to be jointly responsible for maintaining and supporting the Registered Domestic Partnership; Policy 502:2—Domestic Partnerships Page 1 of 4 • 6. Agree to immediately notify the Miami-Dade Consumer Services Department, in writing, if the terms of the Registered Domestic Partnership are no longer applicable or one of the domestic partners wishes to terminate the domestic partnership; and 7. Reside in the same primary residence. PROCEDURE: 1. Once an employee fulfills the requirements of Miami-Dade County Ordinance No. 08-61, Section 11A-72, the employee may qualify to have certain benefits extended to the employee's domestic partner and dependents by adhering to the following: a. If electing health care benefits, the City employee must complete the Domestic Partnership Benefits Request Form and submit it to the Human Resources Department, along with all documents required showing proof of domestic partnership status, to include: • The Domestic Partnership Certificate issued by Miami Dade County; and/or • A certified marriage certificate authorized by law; and/or • Documentation showing proof of a civil union authorized by law; and/or • Documentation showing proof of a domestic partnership authorized by law in a different jurisdiction. 2. If requesting leave benefits, the City employee must complete the Domestic Partnership Benefits Request Form and submit it to the Human Resources Department along with proof of domestic partnership status as indicated in subsection 1, part A. 3. A City employee who, previously received recognition for domestic partnership by the City cannot submit another Domestic Partnership Benefits Request Form for at least 6 months from the date that said employee submits, and the City approves, a notice of termination of the prior domestic partnership with the City. AVAILABLE BENEFITS: 1. All benefits available to the spouse and child(ren) of a City employee shall be made available on the same basis to the domestic partner or child of such domestic partner, unless prohibited by state or federal law or the terms of a collective bargaining agreement. Such benefits include, but are not limited to the following: Policy 502:2—Domestic Partnerships Page 2 of 4 2. In accordance with Chapter 172 of the City Code (Human Relations ordinance), any City employee who has a domestic partner shall be entitled to elect insurance coverage for the domestic partner or the children of such domestic partner in a manner similar to a City employee electing insurance coverage for the spouse or children. However, the employee is required to bear the cost of such coverage and said cost is considered a post-tax contribution which will be considered imputed income to the employee under federal tax rules. An employee may not make an election for coverage of a domestic partner more than two times in a plan year. 3. Any City employee who has a domestic partner may be entitled to use all forms of leave provided by the City, including, but not limited to, sick leave, annual . leave, bereavement (funeral) leave, and family leave to care for the domestic partner or the children or parents of the domestic partner. The use of leave shall be consistent with existing regulations. 4. All other benefits available to the spouses and children of City employees shall be made available on the same basis to the domestic partner, or child of such domestic partner, of a City employee who has a domestic partner. TERMINATION OF DOMESTIC PARTNERSHIP STATUS: 1. The City employee who terminates the domestic partnership must submit documentation as proof of such termination to the Human Resources Department within 15 business days of termination, such as: a. A Declaration of Termination of Domestic Partnership issued by Miami Dade County; and/or b. A document showing that the Domestic Partnership was terminated by law in another jurisdiction; and/or c. A divorce decree authorized by law; and/or d. A certified death certificate of the domestic partner; and/or e. Other official documentation from a government entity indicating the termination of the domestic partnership. PENALTIES: 1. Any City employee who obtains or attempts to obtain benefits fraudulently or who fails to notify the City of any termination of the employee's domestic partnership shall be subject to: a. Recovery of any benefits improperly paid and; Policy 502:2—Domestic Partnerships Page 3 of 4 b. Disciplinary action which may include termination. 2. Further, the City may bring a civil action against either or both of the parties to the domestic partnership to recover any losses, including attorney's fees borne by the City as a result of the fraudulent request for domestic partnership benefits or because of the failure to notify the City of the termination of the domestic partnership. Policy 502:2—Domestic Partnerships Page 4 of 4 SN��r City of Sunny Isles Beach -I\ Personnel Policy and Procedure Policy Name DOMESTIC VIOLENCE LEAVE • Policy Number 702:2 (NEW) Effective Date 5/21/15 Revision Date(s) Prepared By, Title Human Resources Director Approved By, Title City Manager POLICY: As provided by Section 741.313, Florida Statutes, on Domestic Violence Leave, the City of Sunny Isles Beach grants unpaid leave or paid leave (if accrued time is available), for periods of absence in accordance with the terms of this policy. It is the policy of the City to provide leave time to an employee who is a victim of domestic violence or sexual violence, or if a member of the employee's household is a victim of domestic violence or sexual violence. DEFINITIONS: Employee shall mean a person who has been employed by the City for at least ninety (90) days and has worked for at least three hundred and eight (308) hours during the immediately preceding ninety (90) days. Family or household member shall mean spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. Domestic violence shall mean any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member and as defined in Sections 741.28, 784.046 and 784.048 of the Florida Statutes. Victim of domestic or repeat violence shall mean a person who is subjected to domestic or sexual violence. Domestic or Sexual Violence Leave means up to 3 work days of leave available for an eligible employee's use for the purposes outlined in Florida Statute §741.313 in any one 12-month period. Unless an employee has paid leave available, Domestic or Sexual Policy 702:2—Domestic Violence Leave Page 1 of 3 Violence Leave shall be unpaid. An employee who has any type of paid leave available to him or her shall substitute all of that paid leave before unpaid leave is granted under this policy. Twelve (12) month period shall mean a time period of twelve calendar months beginning the date of the first period of domestic or sexual violence leave and continuing for 12 calendar months from that date. PURPOSES FOR THE LEAVE An eligible employee may, upon presentation of appropriate documentation, be granted up to 3 work days of domestic or sexual violence leave for the purposes specified in Florida Statute §741.313 if the employee or a family and/or household member of the employee is a victim of domestic or sexual violence and the leave is used to: 1. Seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence or sexual violence; 2. Obtain medical care, dental care or mental health counseling or both for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic or sexual violence; 3. Obtain services from a victim-services organization including, but not limited to, a domestic violence shelter or program or a rape crisis center as result of the act of domestic or sexual violence; 4. Make the employee's home secure from the perpetrator of the domestic or sexual violence or to seek new housing to escape the perpetrator; or 5. Seek legal assistance relating to domestic or repeat violence, including but not limited to criminal prosecution, a protective order, divorce, custody of children, and child support; NOTICE, REQUEST AND DOCUMENTATION 1. Except in cases of imminent danger to the health or safety of the employee, or to the health or safety of a family/household member, an employee must give the City twenty-four (24) hours advance notice of their request for leave. An employee seeking leave shall request the same by using a Leave Request Form. 2. Appropriate documentation establishing the reason for the leave under these provisions is required to be submitted with the request for leave. In cases of imminent danger to the safety of the employee or the employee's family or Policy 702:2—Domestic Violence Leave Page 2 of 3 1 household member, such documentation may be submitted after the leave is taken, but shall be submitted within three (3) work days from the employee's return to the workplace unless an extension is granted by the City Manager. The following are examples of sufficient documentation of the act of domestic violence including, but not limited to: • Documentation or report by a law enforcement official; • Documentation or report by a domestic violence shelter; or • Documentation or report by a medical care or mental health professional Failure to submit requested documentation will result in the denial of the leave and may result in discipline for unauthorized leave. 3. Unpaid leave shall not be required or granted under this policy until the employee has exhausted all leave available to him or her, including vacation leave, sick leave, compensatory leave, floating holidays, and administrative leave. 4. Leave approved under this policy shall be considered scheduled leave. The documentation of requests for domestic or sexual violence leave, and any other documents that contain personally identifying information regarding this leave (including time off request slips), are exempt & confidential and not subject to disclosure under Florida Statutes Ch. 119 (aka the Florida Public Records Law). Policy 702:2—Domestic Violence Leave Page 3 of 3 SJ (1 /� e =. \'= City of Sunny Isles Beach Personnel Policy and Procedure Policy Name Valid Florida Driver's License Requirement Policy Number 607:1 (NEW) Effective Date 5/21/15 Revision Date(s) Prepared By, Title Human Resources Director Approved By, Title City Manager POLICY: To provide an official policy pertaining to citywide requirements that an employee possess and maintain both a valid Florida Driver's License and a satisfactory driving record when operating a City vehicle. PROCEDURE: The liability of an unlicensed driver being involved in an accident while operating a City vehicle warrants that no employee be permitted to drive a City vehicle without a valid Florida driver's license. OBTAINING DRIVERS LICENSE VIOLATION RECORDS: 1. The Human Resources Department is responsible for obtaining Driver's License Violation Records as follows: a. The driver's license records will be reviewed as part of the employment background check for new hires by the Human Resources Department. b. The driver's license record will be reviewed when an employee is transferred, promoted or advanced to a new position which requires operating a City vehicle. This process will be conducted either: • Prior to selection so that the driving record is a consideration in the selection procedure • Prior to the time the employee begins operating a City vehicle. c. The driver's license records will be reviewed on a continuing basis for employees permitted to operate a city vehicle. Policy 607:1 —Valid Florida Driver's License Page 1 of 2 1 2. Whenever a department determines that they need a driver's license violation record on one of their drivers or potential drivers, a written request will be sent to the Human Resources Department. The decision as to whether or not a particular employee should operate City vehicles will be made by the department, Human Resources and the City Manager. a. Each department will provide a list of authorized operators upon request. b. Employees who operate city vehicles will be responsible for providing a copy of their driver's license upon renewal. c. Employees are expected to adhere to any restrictions noted on their driver's license. If any noted restriction interferes with the ability to drive a city vehicle as needed by the city, the employee must advise Human Resources before operating the vehicle. d. The driver's license records of those employees operating City vehicles will be reviewed on a continuing basis. NOTIFICATION OF SUSPENDED LICENSE 1. Employees who operate city vehicles either on a regular or occasional basis are required to notify their supervisor [no later than twenty-four (24) hours] when their license is expired, suspended, cancelled or revoked. Should an employee fail to notify their supervisor and continue to operate a City vehicle without a valid Florida Driver's License, disciplinary action will be taken, up to and including termination. 2. Employees who fail to immediately advise of a conviction for violation of any motor vehicle law or ordinance for which more than three (3) points are assessed pursuant to Section 322.27, Florida Statutes, or any conviction under Section 316.193, Florida Statutes (driving under the influence), will be subject to disciplinary action, up to and including termination. SUSPENDED OR REVOKED LICENSE 1. When an employee has a driver's license expired, suspended, revoked, or cancelled, the City will apply the following procedures: a. If driving is not part of the employee's job, no change in status or assignment is necessary, however the employee will not be permitted to operate a city vehicle. b. If operating a city vehicle is an essential part of the employee's position, the employee is subject to termination. Policy 607:1 —Valid Florida Driver's License Page 2 of 2 SUNNY ISt \f City of Sunny Isles Beach Personnel Policy and Procedure oa, Policy Name ARREST OF AN EMPLOYEE (SELF-REPORTING) Policy Number 706:1 (NEW) Effective Date 5/21/15 Revision Date(s) Prepared By (Title) Human Resources Director Approved By (Title) City Manager POLICY: The purpose of this policy is to require any employee who has been arrested to self- report so that the City can determine if that employee shall return to the workplace. PROCEDURE: 1. Any employee (full time, part time, intermittent, contract, temporary, or volunteer) who is arrested by any law enforcement agency including international, on duty or off duty, for any reason, shall notify his/her Department Director or his/her designee of the arrest. The term arrested shall include a physical arrest as well as being served with a summons or notice to appear to answer to criminal charges. The employee is required to notify the employee's department head within forty-eight (48) hours of incarceration or is subject to separation from employment with the City. If the employee is incarcerated, a family member or representative may call on the employee's behalf. The employee or the employee's family member is required to speak directly with the employee's Department Director or his/her designee (not a support person or answering machine). If the Department Director or his/her designee is unavailable, the employee or family member should contact the Human Resources Director or the City Manager. 2. Upon notification of the employee's arrest, the Director shall immediately notify the Human Resources Director and the City Manager. Employees who are unable to report for work because of arrest and incarceration will be placed on a special personal leave of absence (in a paid status if the employee has accrued vacation, floating holidays or comp time available). If the employee is unable to secure bail, the leave of absence will continue until final disposition of the charges. If the employee is freed on bail, the employee's Department Director, the Human Resources Director and City Manager will decide whether active employment is appropriate pending final disposition of the charges. Notwithstanding the aforementioned, if the employee is unable to return to work Policy 706:1 —Self Reporting of Arrests Page 1 of 2 within three (3) days, the employee will be separated from employment with the City. 3. Existing employees are required to report any prior arrests not listed or disclosed in their original employment applications. DISCIPLINARY ACTION: 1. Based on a review of all documentation and information related to a criminal offense, the City Manager shall make a determination for disciplinary action up to and including termination of employment. 2. An employee's failure to report criminal charges, arrests, and/or convictions within the specified time period may result in disciplinary action up to termination of employment. 3. An applicant for employment with the City who has received an offer of conditional employment shall be required to disclose to the Human Resources Department in writing any and all criminal charges, arrests, and/or convictions pending against the applicant. 4. An applicant's failure to report or disclose criminal charges, arrests, and/or convictions shall constitute grounds for disqualification for employment. Policy 706:1 —Self Reporting of Arrests Page 2 of 2 r Item Coversheet Page 1 of 2 SUNNY-sz, City of Sunny Isles Beach r 04+. -xz..\e c =�1� 18070 Collins Avenue 1 1 V ')Z Sunny Isles Beach,Florida 33160 P ti, F L oa. ..' (305)947-0606 City Hall ''o.r,a' (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo,City Manager FROM: Stan Morris, Deputy City Manager DATE: 5/21/2015 RE: Resolution to Update Personnel Policy Manual RECOMMENDATION: The attached policies have been updated or created as part of our ongoing review of the Personnel Policy Manual and are included for ratification. . REASONS: We are in the process of doing a comprehensive review of the Personnel Policy Manual, which has not been done for many years. Many of the personnel policies that are currently in place need to be . updated in order to reflect the currently established practices of Human Resources, and new ones need to be added. In the future, additional policies will be brought to the Commission for ratification on a periodic basis. ADDITIONAL INFORMATION: The following existing policies have been updated: • 210-1 Introductory Probationary Period-The probationary period for new employees has been extended from six(6)months to(12)months. •504-1 Vacations-This policy has been updated in order to restore equality to all employees who have 15+years of service with the City. • 704-1 Leaves of Absence-This policy has been updated to disallow employees to perform work for any other employer during a leave of absence, and states that an employee who has been absent from work for more than(3) three consecutive days without giving proper notice to the City is subject to disciplinary action. The following new policies have been created: •502-2 Domestic Partnerships Policy-In accordance with Miami-Dade County Code,the City will be implementing this policy to provide employment benefits to employees in domestic partnerships(with proof of proper documentation as specified in the policy)and their dependents. •607-1 Valid Florida Driver's License-This policy has been created to ensure that all employees have both a valid Florida Driver's License and a satisfactory driving record when operating City vehicles. • 702-2 Domestic Violence Leave-In accordance with State Statutes,the City will allow employees who are victims of domestic violence or sexual violence,or members of the employee's household who are victims of domestic violence or sexual violence,to take unpaid or paid leave(if accrued time is available). 706-1 Arrest of an Employee(Self-Reporting)-This policy requires an employee who has been arrested to report such to his/her department director within forty-eight(48)hours of incarceration. ATTACHMENTS: http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1661 5/15/2015 Item Coversheet Page 2 of 2 Description Resolution 210-1 Introductory/Probationary Period 504-1 Vacations 704-1 Leaves of Absence 502-2 Domestic Partnerships 702-2 Domestic Violence Leave 607-1 Valid Florida Driver's License Requirement 706-1 Arrest of an Employee Item Number: 10.K. http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1661 5/15/2015