RULE 5 - PERSONNEL ACTIONS

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

Authority and Purpose (5.1)
Employment Status (5.2)
Successful Completion of Probation (Appointment) (5.3)
Evaluation (5.4)
Rejection (5.5)
Change in Employee Status (5.6)
Violation of Rules/Employee Notice (5.7)
Conduct, Performance and Disciplinary Policy (5.8)
Name-Clearing Hearing (5.9)
Appeal Hearing Procedure
Employee Notice

Time Line – Internal Appeal Relating to Disciplinary Matters (General Employees)

Time Line – Internal Appeal Relating to Disciplinary Matters (Police Officers)

       

    1. Authority and Purpose:
      2.

      The purpose of this rule is to specify various types of employment status, to explain the applicable probationary periods and explain the City’s disciplinary policy and procedure.

       

    2. Employment Status:

     

  1. Types of Employment Status:

       

    1. New Hire
      1. Part-time
      2. Temporary
      3. Promotional
      4. Disciplinary
      5. Police Officer
      6. Police Officer Permanent Trainee

     

  1. Probationary Status:

       

    1. New Hire, Probationary Period: The probationary period is an integral part of the employment process, which will be used by the Department Head for observing an employee's work. It will be utilized for the most effective adjustment of the new employee and, if necessary, for the termination of any full-time or part-time probationary employee whose conduct and/or performance do not meet the City’s performance or conduct standards. The probationary period will begin immediately upon appointment and will continue for a period of six (6) months. The six (6) month period may be extended at the discretion of the Department Head and with the written justification and approval of the Director of Human Resources for a period not to exceed six (6) months.

      2.  

    2. Promotional Probationary Period: Promotional appointments will be for a probationary period of six (6) months.

      3.  

    3. Disciplinary Probationary Period: Disciplinary probationary periods will be for a period determined, by the Department Head with approval of the Director of Human Resources, but not to exceed six (6) months. A performance evaluation will be conducted every thirty (30) days during the disciplinary probationary period.

       

    1. Police Officer New Hire Probationary Period: Police officers, hired for all original and re-employment appointments are subject to a probationary period of six (6) months. This period may be extended at the discretion of the Department Head with written justification and approval of the Director of Human Resources for a period not to exceed six (6) months.

      2.  

    2. Police Officer Permanent Trainee Probationary Period: Probationary Police Officers will be employed as Permanent Trainees for an additional period of six (6) months in which time the Trainee will be in a training status for the purpose of observation and evaluation to assess whether they meet the City’s performance or conduct standards. During this period of time, Police Officers will be subject to rejection if their performance does not meet the City’s performance or conduct standards.

Police Officer Permanent Trainee employees are subject to the same personnel rules as other Police Officer employees.

Police Officer Permanent Trainee employment status will qualify the employee for the City’s Cafeteria Benefit Plan, etc.

       

    1. Successful Completion of Probation (Appointment):

     

  1. General: A General Probationary employee or Police Department Probationary/Permanent Trainee employee who has received a rating less than satisfactory on the Performance Evaluation will not receive a regular appointment. In order to receive a regular appointment, the Department Head must first file the employee’s performance evaluation with the Department of Human Resources. In addition, the Department Head and Director of Human Resources may consider other factors in determining whether the employee is entitled to a regular or other appointment. After review of the evaluation and any other factors, the Director of Human Resources may approve or deny the request for regular appointment. At the conclusion of the probationary period, the Department Head must file with the Department of Human Resources a comprehensive performance evaluation of the employee’s performance (See Rule 5.4B).

    2.  

  2. New Hire: Successful completion of the new hire probationary period for full-time or part-time probationary employees as determined by their performance evaluation is a prerequisite for being considered for regular employment. The Department Head and/or Director of Human Resources may also consider other factors in determining whether the employee may be entitled to regular employment and any compensation/benefit adjustments.

     

  1. Promotional: Upon successful completion of the promotional probationary period, the Department Head must file with the Department of Human Resources a comprehensive performance evaluation of the employee (See Rule 5.4B.)

    2.  

  2. Disciplinary: Upon successful completion of a disciplinary probationary period, the Department Head must file with the Department of Human Resources a comprehensive performance evaluation. At that time, the employee will no longer be considered to be in a disciplinary probationary status.

    3.  

  3. Police Officer New Hire: Successful completion of the probationary period for Police Officer employees and compliance with these Rules are prerequisites for employment as a Permanent Trainee (See Rule 5.4B).

    4.  

  4. Police Officer - Permanent Trainee: Upon successful completion of the employment status as a Police Officer Permanent Trainee as determined by the Chief of Police and as approved by the Director of Human Resources and/or the City Manager, the employee will qualify for regular appointment (See Rule 5.4B).

    5.  

  5. Service Date: Upon the satisfactory completion of the new hire probationary, or Police Officer Permanent Trainee period and upon receiving regular appointment, employees will receive credit for service starting from the date of their probationary appointment.

       

    1. Evaluation:

     

  1. Performance Evaluation Reports (General Employees and Police Officers) During New Hire Probationary, Promotional Probationary, Police Officer Probationary and Police Officer Permanent Trainee Periods: Each probationary employee's performance must be evaluated in writing at, or near, the conclusion of the probationary period by the employee's immediate supervisor. The required evaluation must be reviewed by the Department Head and be filed with the Director of Human Resources. A performance evaluation is a prerequisite at the end of each thirty (30) day period for employees on disciplinary probation (See Rule 10 Employee Performance Evaluations).

    2.  

  2. Performance Evaluation Reports During Extension of Probationary Periods: The Department Head must file with the Department of Human Resources at, or near, the end of every six (6) month period a performance evaluation of each employee who is on extended probation or permanent trainee status on the prescribed form. The employee will review and sign the evaluation.

       

    1. Rejection:

     

  1. Rejection During or After New Hire Probationary Periods: The Department Head, at his sole discretion, may deny any employee regular status during or after completion of the new hire probationary or disciplinary probationary periods without the right of appeal.

    2.  

  2. Rejection During or After Promotional Periods: Following a promotional appointment, if an employee is denied regular status during or after the probationary period because of failure to meet the City’s performance or conduct requirements, as determined by the Department Head, the employee may be reinstated in the position from which the employee was promoted. If no vacancy exists at the time the employee seeks reinstatement, the employee may be put on layoff status or may be offered an alternative position in the City.

    3.  

  3. Rejection During or After Disciplinary Periods: Following a disciplinary probation, if an employee is denied regular status during or after the probationary period because of failure to meet the City’s performance or conduct requirements, as determined by the Department Head, the employee will be terminated.

    4.  

  4. Rejection During or After Police Officer New Hire, or Police Officer Permanent Trainee Periods: The Chief of Police at his/her discretion, may deny any employee regular status during or after completion of Police Officer New Hire or Permanent Trainee periods without right of appeal.

       

    1. Change in Employee Status:

     

  1. Promotion of employees will be on the basis of merit, skill, ability, job knowledge, experience, industry, and any other legitimate, job-related factor as determined by the City.

    2.  

  2. The determination of whether to promote an employee will be determined after reviewing all factors, including, but not limited to, the employee’s performance evaluation.

    3.  

  3. Transfers: The transfer of an employee from a position in one class reporting to one Department Head to a position in another class reporting to another Department Head may be made in order to achieve greater efficiencies and/or increase the effectiveness of the City’s human resources. Such transfer must receive the approval of the Department Head and/or the City Manager or City Auditor and Clerk, for their respective employees.

    4. No employee may be transferred to a position involving duties for which the employee is not qualified. No change in compensation may be made without prior approval of the City Manager or City Auditor and Clerk, for their respective employees. The level of compensation for the transferred employee is to be determined on the basis of skill, knowledge and experience of the employee, and the pay structure for the new position at issue. No employee who is transferred should be compensated at a rate or salary above and beyond the maximum rate for the new position.

     

  4. Suspension: Any regular employee may be suspended with or without pay. Any such suspension will be given in writing to the Director of Human Resources for approval before taking effect and the suspended employee will be considered to be in a disciplinary probationary status (See Rule 5.2B3). The employee will receive a copy of the notice of suspension.

    5. Suspension may be for a period not to exceed thirty (30) work days. Extensions with pay may be made pending any investigation and/or hearing.

     

  5. Demotions:

       

    1. Involuntary Demotions: When an employee’s conduct, work quality or performance is not satisfactory, the Department Head, with prior approval of the Director of Human Resources, may demote the employee to a position in a lower class and grade. The demoted employee will be required to serve a probationary period of six (6) months in such position before acquiring regular status therein and the employee will be considered to be in a disciplinary probationary status (See Rule 5.2B3).

      2. The demoted employee will receive less compensation than the rate of compensation before demotion. The level of compensation is to be determined by the pay structure for the demoted position only.

       

    2. Voluntary Demotion: An employee may request a demotion to a position qualified for by submitting a written request to the employee’s Department Head. The reason or reasons for any demotion will be put in writing by the Department Head and must be forwarded to the Director of Human Resources for prior written approval before the demotion is put into effect.

If granted, the demotion will be recorded as voluntary. The level of compensation provided is to be determined solely based on the pay structure for the demoted position. The demoted employee will receive less compensation than the rate of compensation

before the demotion. This compensation will be based upon the percentage of range to midpoint from the old grade to the new demoted grade. After demotion, at no time will the demoted employee receive compensation greater than that received prior to the demotion.

     

  1. Resignations: To resign in good standing, a regular employee must give the Department Head at least fourteen (14) calendar days prior written notice. The Department Head may agree to permit a shorter notice period. The employee must also supply a copy of the written resignation to their Department Head.

    2. The Department Head, together with any other pertinent or relevant information, must forward the resignation notice to the Director of Human Resources.

    The Department Head will report the resignation of any employee who fails to give notice to the Director of Human Resources immediately. Failure to comply with the notification requirement may be cause for denying future employment by the City.

    An employee, who voluntarily resigns in good standing from the service of the City and complies with all Administrative Regulations, departmental policies and procedures, and Personnel Rules and Regulations, will be eligible for reinstatement for a period of six (6) months after resignation as long as a position vacancy exists for which the employee is qualified. After six (6) months the employee forfeits all rights and may be eligible for future employment only by pursuing initial application procedures.

    A regular employee, who voluntarily resigns in good standing and is re-hired within six (6) months from separation date, will receive regular employment status.

    A regular employee who voluntarily resigns and whose service has not been satisfactory or who fails to submit a written resignation or to comply with the Administrative Regulations, or any applicable policies and procedures, forfeits all rights and may be eligible for future employment only by pursuing initial application procedures.

    An employee may be entitled to a notice of the right to a Name-Clearing Hearing where the employee submits an involuntary resignation.

     

  2. Terminations: When a regular employee is terminated by any Department Head for disciplinary conduct and/or performance related reasons, the Department Head must notify the Department of Human Resources in writing prior to the termination, including justification and documentation for termination (See Rule 5.7 - Conduct, Performance and Disciplinary Policy).

    3.  

  3. Layoffs:

       

    1. General: Layoff of a regular employee may be requested when deemed necessary. Layoffs will not reflect discredit upon the service of the employee.

      2.  

    2. Demotion in Lieu of Layoff: The Department Head, City Manager or City Auditor and Clerk, for their respective employees, may require that a demotion to a vacant position be made in lieu of a layoff. An employee demoted for this reason will be placed on an applicable Re-employment List. No employee will be demoted to a position for which he or she does not possess the minimum qualifications. The employee will be placed at the same percentage to midpoint in new demoted grade as current grade.

      3.  

    3. Prior Displacement of Probationary/Temporary Employee: No regular employee will be laid off while another person in a position is employed on a probationary or temporary basis in the same class in that department. Temporary employees will be laid off before probationary employees.

      4.  

    4. Order of Layoff of Regular Employees: The layoff of regular employees will be made on the basis of Employee Performance Evaluation ratings and any other job-related factor, including, but not limited to, an employee being in a disciplinary probationary status, and in inverse order of length of service, in the class and in the department.

      5. Any layoff of a regular employee will require recommendation of the Director of Human Resources and the approval of the City Manager or City Auditor and Clerk, for their respective employees.

       

    5. Notice of Layoff: The Department Head will provide Notice of the proposed layoff of a regular employee with the reason(s) in writing to the Director of Human Resources. A copy must be provided to the affected employee. Notice will be given sufficiently before the effective date of the layoff to provide the regular employee at least fourteen (14) calendar days notice of such layoff, unless exigent circumstances exist.

        6.  

      1. Limitation of Layoff Status: An employee laid off six (6) months or more will be removed from the Re-employment List.

No temporary or permanent removal of an employee made for disciplinary reasons will be considered a layoff.

In the event a reduction in the number of the lowest grade or class within a department causes a regular employee to be laid off as prescribed in these Rules and Regulations, the affected employee will not lose department grade/class and service for at least six (6) months. If an employee is offered a position within another Department, the employee must accept the position within ten (10) days in order to maintain department grade/class and service.

The Director of Human Resources will prepare lists of employees who have been laid off and may re-employ only qualified persons possessing desired skills before recruiting competitively outside the service in accordance with these Rules and Regulations. Layoff-type separations or interruptions of employment will be computed as continuous service for purposes of longevity pay for a period of time not to exceed ninety (90) days.

       

    1. Violation of Rules; Employee Notice:
      2.

      Any person violating these Rules will be subject to the penalties prescribed therein including termination of employment. An Employee Notice Form must be utilized to help process andrecord warnings, disciplinary action and the cause of dismissal. A copy of the notice will be given to the employee and the Department of Human Resources after the employee has acknowledged the receipt by signing the form or has been offered the form for his/her signature (See Employee Notice Form).

       

    2. Conduct, Performance and Disciplinary Policy:

     

  1. City Expectations: The City expects employees to meet standards set for high quality work performance and conduct. From time to time, corrective action may be necessary for the efficient operation of the City. Forms of corrective action may include oral or written counseling, oral or written reprimands, disciplinary probation, suspension, demotion, compensation decrease, and termination.

Although internal consistency in administering corrective action is important, numerous factors will be considered in determining the appropriate form and degree of corrective action to be applied. No one factor will govern. At all times, the employees’ supervisor and/or Department Head and any other designated individual retain the discretion to determine the type of corrective action necessary. Offenses by an employee from List A or performance issues may require immediate suspension, demotion, termination, or other action without recourse to other forms of corrective action.

Each employee will be held responsible for knowing and understanding the standards of performance and conduct described in this Policy. Any questions should be referred to the immediate supervisor, the Department Head or the Director of Human Resources.

       

    1. Coverage: Rules and guidelines for personal conduct, including but not limited to the offenses listed as established by the City, will apply to all City employees without exception.

      2.  

    2. Standards for Personal Conduct: List A, List B and List C of offenses outlined in this rule are to serve as guidelines for City employees to enhance an orderly professional work environment. These lists do not encompass all possible violations, but represent examples only, and are not all-inclusive. Other offenses may also be considered grounds for corrective action and may be individually or cumulatively taken into account at management’s (includes immediate and all higher level supervisors) sole discretion.

     

  1. Counseling: An employee may be counseled, verbally or in writing, when it is believed that it may improve the employee's behavior, conduct or performance. An employee may also be counseled in writing and may be disciplined accordingly when that employee has violated any offense, which could lead to dismissal, suspension, demotion, or rejection as provided in Rule 5.7.

    2.  

  2. Standards for Corrective Action: The City standards for corrective action attempts to ensure reasonable consistency in the way employees are treated and inform employees of the ranges or corrective action that may be applied.

    3. Corrective action may be progressive where the employee is subjected to more severe corrective action each time the same offense is a repeat. HOWEVER, PLEASE NOTE that cumulative discipline may also be imposed whereby prior offenses for which an employee received corrective action may be used in determining the severity of the action to be taken for the current offense. AT ALL TIMES, the City retains the right to terminate or discipline an employee outside of the terms of this progressive disciplinary policy.

     

  3. Authority to Impose Corrective Action: An employee’s immediate supervisor or any other higher-level supervisor will have authority to discipline the employee.

    4. However, employees may not be terminated, demoted, suspended, nor their compensation decreased, by any individual but the Department Head, unless a Department Head’s employment status is at issue. The Director of Human Resources, prior to taking effect, will review all termination, demotion, suspension or compensation decrease notifications.

    The City Manager and City Auditor and Clerk, for their respective employees, will concur in the imposition of any corrective action taken against Department Heads.

     

  4. Reduction of Salary: A Department Head may request a reduction in salary of an employee whose quality of work conduct or performance fails to meet the City’s expectations. Any reduction in salary will not be below the minimum established for the employee's current pay grade.

    5.  

  5. Grounds for Disciplining Employees:

       

    1. LIST A   grounds for immediate suspension with pay

The following offenses constitute grounds for immediate suspension with pay. The Department of Human Resources will conduct an investigation regarding the validity of the alleged offense. At the conclusion of the investigation, the employee will be returned to work if the charges have been determined to have no merit. If it is determined the charges are valid, the employee will be terminated or continue on suspension without pay if legal action is involved. Depending on the results of any legal action, reinstatement or termination will occur. The employee will be able to exercise their right for internal appeal, Rule 5.8G, at the conclusion of the investigation:

 

Theft, including but not limited to, the removal of City property or the property of another from City premises without prior authorization. 
Carrying concealed weapons on City property or while engaged in City work off City premises, with the exception of Police Officer employees.
Violating the City’s Drug-Free Workplace Program polices.
Sabotaging or willfully damaging City equipment or property or the property of others.
An arrest and/or charge for any crime or a conviction for a crime that relates to the employee’s employment.
Misuse of position or abuse of authority.
Engaging in retaliatory, harassing, intimidating behavior or engaging in behavior or conduct for personal gain or advantage.
Knowingly falsifying or altering any record or document.
    1. LIST B   grounds for demotion, suspension or termination

The following offenses constitute grounds for demotion, suspension or termination:

 

Fighting or provoking a fight on City premises or while engaged in City work off City premises.
Punching the time card of another employee or soliciting such conduct from another employee.
Walking off the job without prior supervisory permission.
Insubordination involving, but not limited to, defaming, assaulting, or threatening to assault a supervisor and/or refusing to carry out the order of a supervisor.
Refusing to accept a light duty assignment.
Absence for three (3) consecutive working days without official notice in which event the employee will be deemed to have abandoned the position.
Unethical conduct as specified in Chapter 112, Florida Statutes, "Code of Ethics for Public Officers and Employees."
On or off the job conduct unbecoming a public employee.
Participating in a strike or prohibited concerted activity.
Fraudulently obtaining a leave or refusing to provide requested documentation to take a leave.
Violating the City’s sexual harassment policy.
Violating City rules, regulations, or policies.
Any conduct which in management’s judgment is adverse or prejudicial to the best interests of the City.
    1. LIST C   discipline, up to and including termination

The following offenses constitute grounds for discipline, up to and including termination:

Smoking in unauthorized areas or violating the City’s smoking policy.
Unexcused or excessive absenteeism or tardiness.
Extending breaks beyond period allocated.
Sleeping on the job.
Failing to report an absence to the City within the specified time limits.
Failing to promptly report damage to City property to the supervisor.
Unauthorized operation of equipment or machinery.
Failing to satisfactorily perform the duties of the job.
Failing to promptly report work related injuries to the supervisor.
Gambling on City premises or while conducting City work off City premises.
Failing to adhere to City safety rules and procedures including wearing required personal protective equipment.
Failing to follow appropriate procedures when handling machinery or hazardous materials.
Failing to obey traffic rules and regulations when driving a City vehicle or while on City premises.
Failing to wear safety belts while driving a City vehicle or driving a City vehicle without an appropriate valid license.
Unauthorized absence from one’s workstation.
Removing or defacing any notice or printed matter posted on bulletin boards by the City, or posting any matter on bulletin boards without prior permission.
Creating or contributing to unsanitary, hazardous, or poor working conditions.
Engaging in activities that pose a conflict of interest.
Losing or not promptly returning City owned equipment or items.
Dressing inappropriately, including the wearing of non-businesslike attire or not wearing any assigned uniform, as determined by the Department Head.
Using the electronic mail system in an unprofessional or inappropriate manner, as established by current City directive.
Making a shift exchange without prior approval from the supervisor.
Working compensatory time or overtime without prior approval form the supervisor.
Taking another employee’s paycheck without written permission.
Violating the City’s solicitation policy.
Making discourteous or rude remarks in front of others about the City, City employees, board members, tenants, or the public.
Behaving in a rude manner in front of others, including City employees, board members, tenants, or the public.
Violating any City rules, regulations, or policies.
  1. Employee’s Right of Internal Appeal Relating to Disciplinary Matters: General Employees

       

    1. Intent: It is the intent of the City to provide employees a fair, prompt, and uniform procedure for the resolution of employee complaints or problems relating to an involuntary demotion, involuntary compensation decrease, relating to a demotion, suspension or termination.

      2.  

    2. Coverage: The following employees will be exempt from the provisions of the City’s Employees’ Right of Internal Appeal Relating to Disciplinary Matters procedure: New hire probationary employees, temporary and substitute employees, employees covered by an individual employment contract, the City Manager and City Auditor and Clerk.

      3.  

    3. Employees’ Right of Internal Appeal Procedure: Only disciplinary matters encompassing an involuntary demotion, involuntary compensation decrease relating to a demotion, suspension or termination may be addressed through this Employees’ Right of Internal Appeal procedure.

      4. This procedure includes the Predetermination Conference, and, if necessary, the Appeal Hearing process.

      The commencement of proceedings against the City in a court or before any administrative agency by an employee with respect to any Right of Internal Appeal matter will be deemed a waiver by the employee of his/her right to resort to the right of internal appeal procedure for that matter.

       

    4. Time Limits: Failure of an employee to process a right of internal appeal within the prescribed time limits will bar the right of internal appeal. Any right of internal appeal not processed within the prescribed time limits will be considered settled on the basis of the last disposition. In the event any right of internal appeal is not answered within the prescribed time limits, the employee may process the right of internal appeal to the next step in accordance with the time limits specified.

      5. The prescribed time limits may not be extended by written or other agreement. Whenever illness or any other incapacity prevents attendance at any right of internal appeal meeting or hearing, the meeting or hearing will be postponed until the employee can be present.

      The disposition date of a grievance will be the date on which the disposition is delivered or issued to the grievant, or the date of postmark in those instances where delivery is by United States Mail.

       

    5. Pre-Determination Conference: The Department Head will give a copy of the formal disciplinary notice via certified mail with return mail receipt to the employee prior to the Pre-Determination hearing and provide the employee with an opportunity to review the charges.

      6. For those employees who seek to appeal a covered disciplinary matter, these employees will be afforded the opportunity for a Pre-Determination Conference prior to any final determination relating to the disciplinary matter at issue. If the employee desires a pre-determination conference, the employee must submit a written request for a conference within five (5) working days after receipt of the formal disciplinary notice. If a request is not timely made, the disciplinary decision will become final and binding. No further appeal or review will be allowed.

      If timely requested, the Pre-Determination Conference will be conducted by the Department Head and will be attended by the Director of Human Resources or his/her designee and, by any other managerial level employee deemed necessary by the City Manager or City Auditor and Clerk, for their respective employees.

      At the Conference, the employee will be informed of the nature of the charges and the disciplinary action being contemplated by written documentation. The employee will be given the opportunity to refute the charges or explain the actions, which resulted in the recommendation for disciplinary action. At the conclusion of the Conference, the Department Head or his/her designee will inform the employee of the time limits in which a final decision will be made regarding whether or not to take disciplinary action. The decision will be made as expediently as possible.

      After the Conference, the employee will have five (5) working days to provide any additional information or documentation he/she believes may be pertinent. If the additional information causes the City to change the decision, the action taken may be rescinded. During the period between the Conference and the effective date of the final decision, the employee may be immediately placed on Administrative Paid Leave pending a final decision.

      Should the City Manager or City Auditor and Clerk, for their respective employees, or his/her designee uphold the disciplinary decision at issue, the employee will be promptly notified in writing of the decision and of the employee’s right to a Appeal Hearing. The notification will be made by personal delivery or by Certified Mail, Return Receipt Requested.

       

    6. Appeal Hearing Procedure: The employee will have the right to a Appeal Hearing, if the employee makes a written request to the City Manager or City Auditor and Clerk, for their respective employees, within five (5) working days of receipt of the final notification relating to the pre-determination conference process.

If a timely request is made, any employee covered by this Right to Internal Appeal procedure will be afforded an opportunity for a Appeal Hearing to appeal any final action by the Department Head as approved by the City Manager or City Auditor and Clerk, for their respective employees, or the employee’s designee regarding the covered disciplinary matter at issue. An impartial Hearing Officer, who will be chosen by mutual consent of the employee and City Manager or City Auditor and Clerk, for their respective employees, or his/her designee, must conduct the Appeal Hearing. The Hearing Officer will be chosen from a list of Hearing Officers maintained in the Department of Human Resources.

Upon receipt of a timely written request from an employee for a Appeal Hearing, the City Manager or City Auditor and Clerk, for their respective employees, will attempt to schedule the Hearing and provide the employee with a Notice of Hearing by Certified Mail to the employee’s last known address. The Notice of Hearing must specify the date, time, and location of the Hearing, describe the nature of the charges, and set forth the procedures to be followed in the conduct of the Hearing. Alternatively, the City Manager or City Auditor and Clerk, for their respective employees, or his/her designee, may hand deliver a copy of the notice to the employee.

The Hearing must, under normal circumstances, be held within not less than seven (7) or more than thirty (30) working days after receipt of the employee’s request for a Hearing.

         

      1. Hearing: All testimony in the proceeding must be accurately and completely preserved through a court reporter, the expense of which will be shared by the City and the employee, if the employee does not prevail. A full transcript of the proceedings will be made available to the employee at the employee’s expense. All testimony of parties and witnesses will be made under oath.

At the Hearing, the employee will have the right to be represented by counsel and will be given the opportunity to refute the charges or explain the actions which have resulted in the disciplinary action. The employee and management will have the opportunity to present evidence and call and cross–examine witnesses.

All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs will be admissible whether or not such evidence would be admissible in a trial in the Florida Courts.

         

      1. Final Determination: Within twenty (20) working days after the Hearing or receipt of the Hearing transcript, whichever is later, the Hearing Officer will issue a decision consisting of findings of fact and a Final Order. The determination of the Hearing Officer will be final and binding in all cases. No further appeals are allowed.

     

  1. Employees’ Right of Internal Appeal Relating to Disciplinary Matters: (Police Officers)

Upon receipt by a regular Police Officer of a Personnel Action Paper providing for his/her suspension, demotion or dismissal as prescribed in Rule 5, the employee may appeal the City’s recommendation within seven (7) working days by notifying the Department of Human Resources.

The Department of Human Resources will notify the employee and the Chief of Police of the time and place of hearing the appeal.

       

    1. Appeal Proceedings: The appeal should be heard within thirty (30) days from the date that such appeal was filed with Department of Human Resources. An impartial Hearing Officer will be chosen by mutual consent.

      2. The Hearing Officer will hear the evidence upon the charges and specifications filed by the Chief of Police. The proceedings will be informal yet compatible with the requirements of justice.

      The hearing will be public. The employee making the appeal will have the right to appear and to be heard in person. The Hearing Officer may call other persons it considers necessary to aid in establishing the record.

       

    2. Order of Proof: The Chief of Police or his/her designee will present any testimony or evidence in support of the charges or specifications. The employee concerned, or his/her representative, will have the right to cross-examine witnesses called against him/her. The parties in interest may then offer rebuttal evidence. The parties will have the right to present closing arguments.

      3.  

    3. Evidence and Counsel: The admission of evidence may, at the discretion of the Hearing Officer, be determined by the rules applied by the courts in civil cases. The Hearing Officer will have the power to subpoena and require the attendance of witnesses, the production of pertinent documents, and to administer oaths. The City

Attorney or other counsel may represent the Hearing Officer. The employee concerned may be accompanied or represented by a representative of his/her choice and also be represented by counsel. The City Attorney’s Office or other counsel may represent the Chief of Police.

       

    1. Failure of Parties to Appear: If the employee appealing fails to appear, the Hearing Officer will hear any evidence and testimony presented and will render a decision thereon. If the Chief of Police, or his/her designee, fails to appear, and if no evidence or testimony is presented in support of the charges or specifications, the Hearing Officer may render a decision by default or may hear the evidence and testimony offered by the employee appealing and will render a recommendation or decision thereon.

       

    1. Resignation Before Appeal Hearing: The acceptance by the City Manager of the resignation of an employee who has appealed a dismissal action before final action on the part of the Hearing Officer will be considered a withdrawal of the appeal. The separation of the employee concerned will be recorded as set forth on the Personnel Action Form. The proceedings will be dismissed with prejudice and without recommendation. Any employee terminated under such circumstances will forfeit all of his/her Classified Service rights and benefits.

      2.  

    2. Hearing Officer Action: Within seven (7) calendar days after the completion of the public hearing and any investigation the Hearing Officer considers necessary, the Hearing Officer must render his/her judgment affirming, reversing or modifying the action of the Chief of Police and/or the City Manager. The Hearing Officer's decision will only be a recommendation to the City Manager. The City Manager will make the final and binding decision.

      3.  

    3. Compensation When Appeal is Sustained: Whenever any suspension or dismissal decision is rejected by the City Manager’s final decision and reinstatement is ordered, the former employee will be entitled to receive back pay, less any applicable mitigation.

      4.  

    4. Law Enforcement Officers Act: The complaint procedures in this Rule, insofar as they affect Law Enforcement Officers, will be deemed to be modified by the provisions of Chapter 74-274, Laws of Florida (Policeman's Bill of Rights Law), as amended. The provisions of the law are deemed to be incorporated as though fully set forth herein.

       

    1. Name-Clearing Hearing:

     

  1. General: All employees, regardless of the status of their appointment, are entitled to a Name-Clearing Hearing upon request, if the conditions described herein are satisfied. The employee is entitled to notice of this right whenever the employee has been subject to disciplinary action resulting in coerced resignation, suspension, dismissal, demotion, rejection, unless any such discipline occurs during a probationary period. The employees who are entitled to these rights are permanent trainees, temporary employees, and regular employees.

    2.  

  2. Definitions:

       

    1. Name-Clearing Hearing: A Name-Clearing Hearing is a hearing that provides an eligible employee with the opportunity to address or contradict a charge or accusation that has been made against the employee. A Name-Clearing Hearing is not a hearing that provides an opportunity to challenge the propriety of the City's decision to reject an employee during his/her probationary period, to suspend, demote or dismiss the employee; or seek a coerced resignation.

      2.  

    2. Coerced Resignation: A resignation that occurs in response to a requirement that the employee resign in lieu of rejection during the probationary period, suspension, demotion or dismissal.

     

  1. The Right to Notice: The notice will be given whenever all the following conditions are present:

       

    1. The stated reason(s) for the personnel action has/have a significant bearing on the employee's reputation, or would substantially interfere with the employee's future employment in the same or similar field; and,

      2.  

    2. The stated reason(s) is/are made in connection with, or results in, the employee's rejection during the probationary period, suspension, demotion, dismissal or coerced resignation; and,

      3.  

    3. The stated reason(s) is/are made or becomes/become a public record pursuant to Florida's Public Records Law, or is made public in any other way.

     

  1. Content of the Notice: At or near the time of the relevant underlying disciplinary action, if the conditions in Rule 5.9C are satisfied, the Department Head must inform the employee of the right to seek a Name-Clearing Hearing. The notice must:

       

    1. Be in writing; and

      2.  

    2. Inform the employee of the nature of the stated charge(s) made public in connection with any of the above personnel actions with sufficient detail; and

      3.  

    3. State that the employee may request a Name-Clearing Hearing within seven (7) business days from the date of the notice; and

      4.  

    4. Inform the employee that he/she may submit documents or testimony at the hearing that contradicts the stated charge(s) made in connection with their rejection during the probationary period, suspension, demotion, dismissal or coerced resignation. The notice must also inform the employee that the purpose of the hearing is to factually dispute the statement or charge, and its purpose is not to inquire into or dispute the propriety of the City's decision to reject the employee during the probationary period or otherwise to suspend, demote, dismiss or seek and accept the resignation of the employee.

     

  1. Hearing: The hearing will be set by the Department Head only after the employee timely requests a hearing. The employee will be given a reasonable period of time to prepare for the hearing, not to exceed seven (7) working days. If the employee elects to appeal the Department Head's disciplinary decision pursuant to the applicable City Rules, a Name-Clearing Hearing must also be conducted as part of that hearing.

       

    1. One or more persons who will constitute the hearing tribunal and will be appointed by the City Manager or City Auditor and Clerk, for their respective employees, or his/her designee, will conduct the hearing. The person(s) who made the allegedly defaming statement that was made public must not be a member of the deciding panel.

      2.  

    2. The City Manager or City Auditor and Clerk, for their respective employees, in consultation with the Director of Human Resources will determine the composition of the panel.

      3.  

    3. The employee may submit documents and/or testimony to contradict the statement(s) made publicly in connection with the rejection during the probationary period, suspension, demotion, dismissal, or coerced resignation of the employee.

      4.  

    4. The employee will not be permitted to submit documents and/or testimony for the purpose of questioning or attacking the propriety of the City's decision to reject an employee during his/her probationary period, for suspension, demotion, dismissal or to request and/or accept the employee's resignation.

      5.  

    5. The Department Head must prepare a document summarizing the disposition of the Name-Clearing Hearing in the personnel file and submit it to the Department of Human Resources for inclusion in the employee’s personnel file.

EMPLOYEE NOTICE
(Reference Personnel Rule 5.7)

NAME:

DATE:

POSITION:

DEPARTMENT:

This notice is given to remind you to be more careful in your work and conduct and to help you avoid disciplinary action.

NATURE OF INFRACTION

┌───┐ATTENDANCE

└───┘

┌───┐SAFETY

└───┘

┌───┐DEPARTMENT RULES

└───┘

┌───┐CONDUCT

└───┘

┌───┐WORK QUALITY

└───┘

┌───┐WORK PERFORMANCE

└───┘

┌───┐OTHER

└───┘

COMMENTS

 

___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

ACTION TAKEN:

 

 

RECORD SECTION

Has employee been warned before about this offense?

¡ Yes ¡ No

How?

 

¡ Oral ¡ Written

When?

REMARKS:

 

 

ROUTING:

¡ Employee

¡ Department of Human Resources

Prepared By (Supervisor)

Approved By (Div. Head)

 

Approved (Dept. Head)

 

 

Signature of Employee Acknowledging Receipt

032.C030.0293

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