RULE 2 – GENERAL PROVISIONS

Introduction - r1 r2 r3 r4 r5 r6 r7 r8 r9 r10 r11 r12 r13 Summary

Authority and Purpose (2.1)

Scope of Rules (2.2)

Related Federal, State Statutes and Local Ordinances (2.3)

Severability Clause (2.4)

Prohibitions and Restrictions (2.5)

Anti-Nepotism Policy (2.6)

Veteran's Preference (2.7)

Re-employment After Retirement (2.8)

Bulletin Boards (2.9)

Intra/Inter-Departmental Mail (2.10)

Collective Bargaining Agreements-Disclaimer (2.11)

Special Category Employee (2.12)

Prohibition of Sexual Harassment (2.13)

Prohibition of Discrimination (2.14)

Personnel Records (2.15)

Personnel Transactions (2.16)

Educational Assistance (2.17)

Drug Free Workplace (2.18)

In-Service Changes Personal Action Paper

Copies of these forms are available through COS Human Resources - attn: Janice_Docking@ci.sarasota.fl.us

Appointment and Separation Personnel Action Paper

Off-Duty Employment Permit Form

Educational Assistance Form

Third Party Reimbursement Disclosure Form

Drug Free Workplace Form

     

  1. Authority and Purpose:

These Rules are adopted in pursuance of Chapter 24, Code of the City of Sarasota, Florida, as amended.

     

  1. Scope of Rules:

The provisions of these Personnel Rules and Regulations apply to the combined Classified Service of the Civil Service and the General Personnel System of the City of Sarasota, Florida. The City Commission will approve all changes to these Personnel Rules and Regulations with the recommendation of the City Manager and/or City Auditor and Clerk, for their respective employees.

     

  1. Related Federal and State Statues and Local Ordinances:

These Rules and procedures are to be read in conjunction with all applicable federal and state statutes and local ordinances. The City Commission upon recommendation of the City Manager or City Auditor Clerk, for their respective employees, will enforce all applicable laws, statutes, rules and regulations.

     

  1. Severability Clause:

If any section, subsection, sentence, clause or phrase of these Rules and Regulations is found to be invalid by any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of these Rules and Regulations.

     

  1. Prohibitions and Restrictions:

The following acts or activities are detrimental to the best interest of the City and will be prohibited:

     

  1. Political Activity:

       

    1. No City employee will, solicit or receive any contribution, which relates to any political party or candidate for public office from any other City employee during the working hours of either employee.

      2.  

    2. No City employee will use his/her City position, and/or express or implied authority, City equipment, City property or City supplies to secure contributions.

      3.  

    3. No employee will participate in political activities during his/her working hours.

      4.  

    4. No employee will participate in political activities while on City property during the employee’s working hours.

      5.  

    5. Nothing herein will be construed to restrict the right of the employee to hold membership in, and support a political party, to vote as he/she chooses, to express his/her opinion on all political subjects and candidates, to maintain political neutrality, and to attend political meetings, or to campaign actively during off-duty hours.

     

  1. When an employee decides to run for elected office, the employee will immediately inform the Director of Human Resources the elected office being sought. The Director of Human Resources will inform the Charter Officials and the Charter Officials will then determine if a conflict will exist if the employee is elected.

    2. If the Charter Officials determine that a conflict exists and the employee is elected, the employee must submit their resignation at the time of election.

     

  2. No City employee will use, or attempt or threaten to use, his/her express or implied authority to influence in order to obtain any favorable or unfavorable terms, conditions, and benefits of employment for the employee or any other person based upon the employee’s or other person’s political views and beliefs.

     

  1. The City does not condone the acceptance of any gifts, remuneration, reward or donations from any City vendor, contractor, agent, political party or other party or entity that has a contractual or professional relationship with the City. However, there may be occasions when an employee will be required to attend various functions in executing the responsibilities of their position. If these occasions are paid for by a third party and the cost is over $25.00, approval must be obtained from the employee’s manager. Approval will be documented on a Third Party Payment Disclosure Form. Upon completing the form, please forward the Third Party Payment Disclosure Form to the City Auditor and Clerk. It will be the responsibility of the employee to verify if the cost of the activity is more than $25.00.

    2. If approval is not obtained, the employee may have to pay the entire cost to the third party, or be held in violation of this rule. This rule does not prohibit the exchange of personal gifts between City employees, nor does it prevent the giving of donations to charities in which a City employee is involved.

     

  2. Restrictions on Outside Employment: No full-time employee of the City of Sarasota will engage in any other employment, unless approved by the Department Head, approved by the Director of Human Resources and approved by the City Manager or City Auditor and Clerk, for their respective employees. A permit will be issued in writing prior to the employee’s acceptance of the outside employment at issue. This approval will be no longer than one (1) year in duration. A written request for renewal is required, if applicable. The written approval will name the individual, state and describe the employment, which has been approved for the employee and will be placed in the employee’s permanent personnel file.

       

    1. Anti-Nepotism Policy:

     

  1. Purpose: This section promotes the maintenance of positive employee morale; avoids the creation of an environment conducive to friction between employees, and minimizes potential for conflicting disciplinary problems between employees.

    2.  

  2. Definition: "Spouse" is a wife or husband depending on gender. "Blood Relative" is a father, mother, son, daughter, brother, sister, grandparent or grandchild, natural or by adoption. "Relative" is a spouse, father-in-law, mother-in-law, brother-in-law, daughter-in-law, sister-in-law, son-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother or half-sister, uncle, aunt, nephew, niece or first cousin. All relatives are as defined in Rule 1 – Definitions.

    3.  

  3. Spouses and "blood relatives" as defined in these Rules are prohibited from working within the same department within the City. Spouses and "blood relatives" may be employed in different departments within the City, subject to subsection (E) below. Relatives who are not "spouses" or "blood relatives" may be employed in the same or different departments within the City, subject to subsection (E) below. While the City permits the employment of relatives, it reserves the right to deny or terminate employment of a relative if doing so is in the best interests of the City.

    4.  

  4. Employees who are currently related working for the City within the same or different departments are prohibited from making the decision to hire, transfer or promote a relative and are prohibited from participating in the hiring, transfer or promotional process of a relative.

    5.  

  5. Employees who are currently related working for the City within the same or different departments are also prohibited from:

       

    1. Directing, leading, supervising, disciplining or rewarding each other.

      2.  

    2. Delegating duties, tasks and responsibilities to each other.

      3.  

    3. Evaluating or participating in the evaluation process of one or both relatives’ job performance.

      4.  

    4. Adjusting the compensation of one or both relatives’ compensation or participating in the salary adjustment process, which specifically involves one or both relatives’ compensation.

      5.  

    5. Disciplining a relative or participating in any disciplinary-related process involving one or both relatives.

      6.  

    6. Participating in any other reviews or processes or making any decisions which directly involve or implicate one or both relatives’ terms, conditions or privileges of employment within the City. This provision does not prohibit one or both relatives from participating in any City-wide or department-wide review, evaluation or process which may indirectly impact one or both relatives’ terms, conditions or privileges of employment.

      7.  

    7. Influencing the evaluation process, salary adjustment process or disciplinary process that directly involves the other relative(s).

Any employee who violates Rule 2.6 (E) may be disciplined, including, but not limited to termination of the employee’s employment.

F. Notwithstanding the above, all related employees hired prior to the effective date of this nepotism policy will be allowed to retain their current job position, even if doing so would violate this nepotism policy. However, after the effective date of this nepotism policy, if one or both related employees that have been hired prior to the effective date of this nepotism policy, change their positions such that there is no longer a nepotism violation, then neither of the related employees may subsequently be employed in the manner which would violate this nepotism policy or engage in any conduct which would violate Rule 2.6 (E).

G. Should two (2) Regular employees, within the same department, division or section marry, after the effective date of this nepotism policy, the marrying employees will have the opportunity to decide which married employee will resign or which married employee will apply for another City position. If no decision can be made, or if no other position is applied for and obtained, then the married employee with the least amount of seniority must resign employment or be terminated in that position with the City within sixty (60) days of the marriage date.

H. Relatives of Public Officials: Section 112.3135, Florida Statutes, serves as a restriction on employment of relatives of Public Officers and officials. This paragraph incorporates the requirements and definitions of Section 112.3135, et seq. within the Personnel Rules of the City. All public officers and officials of the City are required to comply with the statutory section.

       

    1. Veteran’s Preference:

Veteran’s preference will be afforded those employees or applicants who have served in the Armed Forces of the United States and who meet one of the following:

     

  1. A veteran with compensable service-connected disability who is eligible for or receiving compensation; or,

    2.  

  2. The spouse of a veteran where the veteran cannot qualify for employment because of a total and permanent disability, or a spouse of a veteran missing in action, captured or forcibly detained by a foreign government; or,

    3.  

  3. A veteran of any war who has served on active duty and who was discharged or separated with an honorable discharge; or

    4.  

  4. The unmarried widow or widower of a veteran who died of a service-connected disability.

    5.  

  5. Certain executive and top management positions are exempt from veteran’s preference. A list of these positions is maintained in the Department of Human Resources.

       

    1. Re-Employment After Retirement:

An individual may return to work after retirement if certain restrictions of the Internal Revenue Code are followed. Prior to the retirement of any member there can be no agreement, either orally or written, to re-employ an employee after retirement.

     

  1. Police Officers who have recovered from a disability retirement are eligible for re-hire with pension benefits. Police Officers who take normal retirement are not eligible to become a member of the pension plan upon re-hire.

    2.  

  2. General Employees who are re-employed after retirement are subject to the following regulations:

      3.  

    1. The retiree will stop receiving pension benefits while employed if the employee is re-employed within ninety (90) days of retirement, or if the employee retired under any provision other than normal retirement.

      2.  

    2. If a retiree is re-employed more than ninety (90) days after normal retirement (age 65 or thirty (30) years of service), the employee may choose to continue to receive retirement benefits and not be an active member of the Pension Plan, or may opt to discontinue receipt of benefits and have a second benefit accrue during the ensuing employment period. After the final retirement, the second benefit will be added to the first benefit.

      3.  

    3. Any retired member who is re-employed more than ninety (90) days after retirement and is ineligible to participate in the Pension Plan (i.e., part-time or temporary) may continue to receive retirement benefits previously earned.

Please refer to the applicable pension codes for a complete explanation of guidelines for re-employment after retirement.

       

    1. Bulletin Boards:
      2.

      An employee who wishes to post a notice on an employee designated bulletin board will sign such notice and will submit the notice to the Department Head for approval before the time of posting. The City may refuse to post material that is political, obscene or unlawful in nature.

       

    2. Intra/Inter-Departmental Mail:

      3. In the interest of the economic and expeditious handling and delivery of the City's mail, bulletins and notices, the inter-departmental and intra-departmental mail and distribution facilities of the City will be exclusively for City-related business.

       

    3. Collective Bargaining Agreements - Disclaimer:

      4. Where the express provisions of a negotiated collective bargaining agreement are in conflict with any provision(s) of these Personnel Rules and Regulations, the contract provisions (as ratified or mandated by the City Commission in accordance with Chapter 447, Florida Statutes, as amended) will prevail, but only to the precise extent of such conflict.

       

    4. Special Category Employee:

A department director hired on or after the 5th day of October 1987 will be classified as a "Special Category Employee" who will serve at the pleasure of the City Manager or City Auditor and Clerk, for their respective employees. A "Special Category Employee" will not be considered a "Regular employee", as that term is defined in these Rules. A Special Category Employee will have an Employment Agreement establishing terms and conditions of employment signed and executed by the City Manager or the City Auditor and Clerk, for their respective employees, and the Special Category Employee.

2.13 Prohibition of Sexual and Other Harassment:

     

  1. Prohibitions and Restrictions: The City is committed to ensuring an environment for all employees that is free of sexual and other harassment. The City does not tolerate harassment by employees, supervisors, tenants, consultants, vendors or the general public.

    2. Harassment is an action that a reasonable person would consider objectionable or unwelcome and serves no legitimate work-related purpose. Sexual harassment is defined as unwelcome comments or conduct of a sexual nature; offensive remarks/jokes, graphic materials, unwelcome sexual advances, requests for sexual favors, offensive touching, verbal or physical threats,

    physical conduct of a sexual nature, staring, making sexual or other offensive or derogatory gestures, displaying offensive materials, or any behavior which creates an intimidating, offensive or hostile working environment.

    All other forms of harassment that are based on an individual’s race, gender, religion, age, disability, sexual orientation or other protected status are also strictly prohibited. Harassment based on these other protected categories includes the type of behavior and conduct described herein. The City offers "Prevention of Sexual and Other Harassment" seminars once a quarter for all new employees. This seminar is mandatory and must be attended by all new employees within six (6) months of hire.

    Violation of this policy will subject an employee to disciplinary action, up to and including immediate termination. The Director of Human Resources or his/her designee can answer any questions regarding what constitutes harassing behavior.

     

  2. Notification Process: If an employee believes that he/she is being harassed, the employee must notify his/her supervisor immediately, preferably in writing. If the employee believes that the matter cannot be discussed with the supervisor, the employee should alternatively contact should be the employee’s department head or director. If preferred, the employee may also contact the Director of Human Resources or his/her designee. All complaints of harassment properly reported will be investigated promptly in an impartial and as confidential a manner as possible. The employee will not be retaliated against nor penalized in any way for reporting, in good faith, a harassment problem. If the allegation is determined to have merit, action to remedy the situation will be promptly taken and the complainant will be advised of the remedy.

The City also recognizes that false accusations of harassment can adversely impact innocent individuals. Therefore, accusations that have been made with knowledge of their falsity may result in disciplinary action, up to and including termination, being afforded against the falsely accusing party.

       

    1. Prohibition of Discrimination:

     

  1. Prohibitions and Restrictions: The City is committed to the policy that there will be no discrimination with respect to employment or any terms or conditions of employment because of race, color, martial status, religion, national origin, sex, age, veteran status, disability, sexual orientation or any other protected status.

    2.  

  2. Notification Process: If an employee believes that he/she is being discriminated against, the employee must notify his/her supervisor immediately, preferably in writing. If the employee believes that the matter cannot be discussed with the supervisor, the employee should alternatively contact the employee’s department head or director. If preferred, the employee may also contact the Director of Human Resources or his/her designee. A meeting will be scheduled to discuss the employee’s complaint. Department Heads, supervisors or directors who receive an employee’s complaint will report these immediately to the Director of Human Resources or his/her designee. All complaints of discrimination will be investigated promptly in

an impartial and as confidential manner as possible. The employee will not be retaliated against nor penalized in any way for reporting, in good faith, a discrimination problem. If the allegation is determined to have merit, action to remedy the situation will be promptly taken and the complainant will be advised of the remedy.

The City also recognizes that false accusations of discrimination can adversely impact innocent individuals. Therefore, accusations that have been made with knowledge of their falsity may result in disciplinary action, up to and including termination, being afforded against the falsely accusing party.

       

    1. Personnel Records:

      2. The Department of Human Resources will keep records of each employee as required by law. The records, except those deemed by law to be private and confidential, will be public and open to inspection in the Department of Human Resources subject to prior appointment being made with the Department and in accordance with the applicable public record laws.

       

    2. Personnel Transactions: (See In-Service Changes and Appointment and Separation, for Personnel Action Forms.)

The City’s Department of Human Resources properly maintains personnel records of the City’s employees and all other employment related documents that are required by law and employment-related records will be retained for the period of time required by law.

2.17 Education Assistance: It is the policy of the City to make opportunities available to employees for training, career development and advancement consistent with job position, individual ability, performance and the requirements of the City.

Regular full-time Regular employees are eligible to apply for full or partial tuition reimbursement in accordance with the following:

     

  1. An accredited school, college, university, vocational school or correspondence school must offer eligible courses. Non-credit and/or refresher courses will not qualify for educational assistance.

    2.  

  2. Reimbursement will be limited to courses directly related to the job duties of the employee or to the duties of a position to which the employee might reasonably be expected to progress in the normal course of advancement. The City will not pay for a degree program past an initial Masters degree.

    3.  

  3. The employee will initiate an "Educational Assistance Request" Form prior to beginning the classes. When approved by the Department Head, and if recommended by the Director of Human Resources, the form will be forwarded to the City Manager or City Auditor and Clerk, for employees, for final approval or disapproval. Approval will be contingent on availability of budgeted funds.

    4.  

  4. After completion of the authorized course, the employee will submit a transcript or other official record indicating successful completion with final grade of "C" or better, along with a receipt showing the amount of tuition paid. The employee will be reimbursed, based on the schedule below, upon submitting a properly completed "Educational Assistance Request" Form.

General Provisions:

     

  1. Tuition and registration are the only costs eligible for reimbursement. The cost of books, fees, supplies, parking transportation, lodging and other related expenses are not eligible.

    2.  

  2. Reimbursement, when approved, will be on the following schedule:
    3.

    Course Final Grade % Reimbursable

    A 100%

    B 90%

    C 80%

    D or Below 0%

    In the case of pass/fail non-graded courses, reimbursement will be made at 100% upon passing.

     

  3. The employee will be required to reimburse the City for course tuition received if he/she voluntarily leaves the employment of the City within one (1) full year after the completion of such course(s). Reimbursement will be deducted from the employee’s final paycheck.

    4.  

  4. If an employee resigns or is terminated for any reason prior to receiving a refund, there will be no obligation on the part of the City to refund any part of this expense.

    5.  

  5. The City will not pay the cost of tuition, which has been or will be paid for by sources such as grants, scholarships or other subsidies.

    6.  

  6. Whenever the City requires training, the City will pay all tuition costs.

    7.  

  7. In any case where prior approval was received under the superseded policy, the policy in effect at the time of approval will prevail.

    8.  

  8. There will be no exceptions to this policy without the written approval of the City Manager or City Auditor and Clerk, for their respective employees.

       

    1. Drug Free Workplace

In order to ensure the City of Sarasota is in compliance with the intent of the Drug Free Workplace Act of 1988, the following guidelines are established.

     

  1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace.

    2.  

  2. As a condition of employment, the employee must abide by the terms of this statement and notify the Department of Human Resources, along with their department head of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.

    3.  

  3. It shall be the policy of the City to prohibit any employee from illegal possession, sale and distribution of non-prescription narcotics, barbiturates, other mind-altering substances or other controlled substances at any time. Any illegal substance found in the possession of an employee will be confiscated and turned over to the appropriate law enforcement agencies and may result in criminal prosecution.

    4.  

  4. The City may take personnel action against anyone who is found to be in violation of this Drug Free Workplace policy, up to and including termination.

    5.  

  5. All new employees will be required to acknowledge the above by signing a Drug Free Workplace Policy form.

Introduction - r1 r2 r3 r4 r5 r6 r7 r8 r9 r10 r11 r12 r13 Summary

Monday, July 23, 2001 10:43:57 PM