Summary of Personnel Rules and Regulations Changes - July 2001

The introduction states the purpose of the rules and identifies management rights. The last paragraph identifies the Director of Human Resources as the interpreter of the rules in case of conflict.

The rule of definition of terms has been pared down by 60%. The eliminated definitions were redundant or did not provide relevant information. References to "Permanent Employee" have been changed to "Regular Employee."

This rule previously contained references to subjects that were also addressed in other rules. This duplication was eliminated. Rule 2.5A.6 defines the communication process an employee should follow if they run for elected office. If elected, a Charter Official will have previously informed the employee if a conflict exists by following this procedure.

Clarification was made to Rule 2.5, Prohibitions and Restrictions, by giving specific definition regarding gifts, specifying a dollar amount of $25.00 for gifts from vendors, customers, etc. A form, Third Party Payment Disclosure, has been developed for documenting any gift, etc., over the $25.00 limit.

The anti-nepotism policy has been changed regarding the impact to spouses, blood relatives, and relatives. Current employees that will be affected by the new anti-nepotism policy are exempt. However, if they change jobs in the future, then neither of the related employees may subsequently be employed in a manner that would violate the policy. Should two regular employees, within the same department, division or section marry, the employees will have the opportunity to decide which employee will resign or apply for another City position. If no decision is made or no position applied for and obtained within 60 days of the marriage date, then the married employee with the least amount of seniority must resign.

The Rule on re-employment after retirement, Rule 2.8, now complies with current Internal Revenue Code.

Personnel Records and Personnel Transactions are now Rule 2.15; previously in Rule 3.

Educational Assistance, Rule 2.17, was added from Rule 15. Reimbursement limited to employee’s first master’s degree.

Drug Free Workplace policy, Rule 2.18, has been added.

Note: Old Rule 3, Administration, has been eliminated. The rule dealt with the Civil Service and General Personnel Board. These boards will be eliminated per Resolution XXXX, therefore most of Rule 3, Administration, has been eliminated. The Rule on Personnel Records and Personnel Transactions are now Rule 2.15 and Rule 2.16 respectively.

This rule has been updated to accurately reflect the current application process. Eliminated were examinations no longer administered and related procedures for general employees. The personnel requisition process, previously addressed in an administrative memo, was added to this rule.

Lists that are no longer maintained were eliminated from this rule. Any outdated process relating to the lists has also been eliminated. Re-employment of Civil Service/General Employee lists was previously in Rule 6.5; it has been included in this rule as 4.5.

Previously, an employee would be maintained on an eligibility list for twelve (12) months. Under the new Rule 4.5, the time length is six (6) months.

This rule has been reorganized for clarity. Each employment type with the City has been identified. Each phase of employment has been identified: new hire, probation, change in status (promotions, transfers or suspensions) performance and disciplinary actions, demotions, dismissals, layoffs, resignations and name clearing hearing.

Rule 5.6G (6) now lists the length an employee will be maintained on a layoff list as six (6) months. Previously, the length was twelve (12) months.

Rule 5.6E states an employee who resigns in good standing will now have six (6) months to be rehired and be eligible for reinstatement. Previously, an employee had twelve (12) months to be rehired and avoid service forfeiture.

Rule 5.8, Conduct, Performance and Discipline Policy has been rewritten. While we will still practice progressive discipline, Rule 5.8A, we also reserve the right to accelerate the discipline if the offense justifies such action.

Rule 5.8C identifies standards for corrective action and discusses the progressive nature of corrective action.

Rule 5.8F contains grounds for disciplining employees and these have been strengthened. Grounds for disciplining employees have been divided into three categories. List A identifies the most serious violations with immediate suspension and investigation regarding the validity of the alleged offense. Lists B and List C identifies offenses of a less serious nature. However, all offenses may result in termination when considering all circumstances or a pattern and practice of disregard for City rules and regulations.

Rule 5.8G, Employees Right of Appeal Relating to Disciplinary Matters (General Employees) has eliminated the General Personnel Board per Resolution XXX. A hearing conducted by an impartial hearing officer has replaced the General Personnel System Board. The determination of the Hearing Officer is final and binding in all cases. No further appeals are allowed. A time line has been added at the end of Rule 5 to ensure that employees are aware of time requirements for internal appeals for General Employees.

Rule 5.8 H, Employees’ Right of Internal Appeal Relating to Disciplinary Matters: (For Civil Service Employees, Police Officers) has replaced the Civil Service Board per Resolution XXX and added a Hearing Officer. The process and steps in this process have not been modified. A time line has been added at the end of Rule 5 to ensure that employees are aware of time requirements for internal appeals for Civil Service Employees.

Rule 5.9, Name Clearing Hearing, has also had the Civil Service Board and General Personnel Board be replaced by a Hearing Officer per Resolution XXX. Previously, this rule was vague regarding time requirements for appeals. Specific time periods have been added eliminating potential misunderstandings.

Flexible Work scheduling procedures "Flex-Time" has been included in Rule 6.8. This topic was previously addressed in an administrative memo.

Reporting for duty, Rule 7.3, has an added requirement that an employee speaks with a supervisor when reporting an absence. If no one is available to talk, contact information should be left. This was added to ensure efficient operation of the department when unplanned absences occur.

Rule 8.3 B (3) states the City Manager and City Auditor and Clerk have the option to modify the holiday schedule for efficient management of the City.

The information in this rule has been reorganized for clarity.

9.2A, types of leaves of absence, was previously Rule 11.2. This Rule lists the types of authorized leaves available to City employees. Unauthorized leaves are explained in 9.2B and required leave documentation has not been changed.

9.3 Annual Leave has been expanded to include, in one area, all annual leave related topics. The carryover provision of annual leave has been eliminated. The maximum accumulation will be a two-year accrual. If an employee accrues more than two years of leave from their adjusted seniority date, the excess will be forfeited. This is consistent with the new HRIS system, ABRA.

9.5, Run, Walk, Swim has been included into the Leave Rule. Previously, this was Rule 18. Clarification was added to 9.5G (3) explaining that employees on restricted duty are not able to participate. To simplify administration, accumulation of Run, Walk, Swim has been changed to a maximum of forty-eight (48) hours.

Rule 9.6, Sick Leave, now includes a reference to Maternity Leave as part of Family Medical Leave. Disability caused by maternity is still allotted four (4) weeks of paid leave.

9.6C now includes a major change for Sick Leave. This change is enacted to provide conformity.

 

1. Employees will continue to receive seventy-two (72) hours of sick pay when they become a regular, full-time employee. Now, employees with a minimum of twelve (12) months will be eligible for eighty-eight (88) hours of extended sick leave.

 

2. For extended sick leave, you must have worked one thousand two hundred and fifty (1,250) hours during the twelve (12) month period preceding the commencement of your extended paid sick leave.

 

3. Maternity Leave of four (4) weeks will fall under the provisions of FMLA. Employees qualifying for FMLA because of maternity will be paid sick leave for the first four weeks of FMLA, see Rule 9.10. An employee cannot use maternity leave of four (4) weeks and eighty-eight (88) hours of extended sick pay during the same year. However, maternity leave and seventy-two (72) hours sick pay are available. The seventy-two (72) hours sick pay should not be considered an automatic extension to maternity leave.

Rule 9.6D. Qualifying Event for Extended Paid Sick Leave: Extended paid sick leave is given for the employee’s own serious health condition. A serious health condition is an illness, injury, impairment, or physical or mental condition.

Rule 9.8, Optional Accumulation of seventy-two (72) hours of Sick Pay has been developed to address the need for short-term disability. This option will give an employee the ability to choose between accruing bonus days or accruing unused sick pay hours. The accumulated sick pay hours will be available for illness as defined in Rule 9.6. The accumulated sick pay hours will never be used for salary continuation or paid at termination as bonus days. Maximum accumulation will be one thousand and forty (1040) hours or twenty-six (26) weeks. It would take an employee over fourteen (14) years of accumulation with no usage to max out.

Each year, an employee will choose to accumulate bonus days or unused sick pay. If an employee uses all their sick days during the year, they cannot change back to bonus days.

Leave of Absence, Rule 9.9, now includes leaves with and without pay.

Rule 9.10, Parental or Family and Medical Leave, has been expanded and updated to reflect current law.

Bereavement Leave, Rule 9.12, is now listed as a separate Rule.

Rule 9.13, Workers Compensation, has been reviewed and expended by Risk Management. FMLA (Family Medical Leave Act) has been included where it overlaps with Workers Compensation. Transitional Duty Assignment parameters have been clarified.

Rule 9.14, Court Leave, is now listed as a separate Rule.

Note: Old Rule 12, Payrolls, has been deleted. Technological changes have made this rule obsolete.

Rule 10: Employee Performance Evaluations (Previously Rule 13)

All the different types of evaluations are now listed. Evaluation requirements were added for Promotional Evaluations and Disciplinary Evaluations.

Rule 10.3, Evaluation Procedures, identifies requirements. Discussion with the employee and signatures are required. This rule also states that any employee with a less than a satisfactory evaluation will not receive a pay increase until their performance rating is 2.0 or higher.

Rule 10.4, Appeal, was changed to clarify the decision of the Department Head is final. Copies of the three new evaluation forms are included: Department Head, Exempt Employees and Non-Exempt employees.

Rule 10.4D has been added. This identifies the seventy-two (72) hour time period an employee has to add his/her comments after receiving evaluation.

Note: Old Rule 14A, Employee Review Requests, (Civil Service Employees Only) has been eliminated. This topic is covered in the contract negotiated with the City.

Note: Old Rule 15, Position Classification and Compensation Plan will not be included in the rules. A separate plan and manual will be developed. Currently, we are still in the middle of a classification and compensation plan review.

Educational Assistance that was in Rule 15 has been added to Rule 2.

This rule has been reorganized and unnecessary language eliminated. The Third Step of the old rule, Grievance Review Panel, has been eliminated.

To assist employees, a time line has been added at the end of Rule 11 to ensure employees are aware of time requirements for employee review requests. An updated form for employees to request a review was also added.

No change to this rule.

Note: Old Rule 17, Smoking and Use of Tobacco Products Prohibited has been eliminated since Chapter 386, Part II, FLORIDA Statues, mandates this.

Note: Old Rule 18, Run/Walk/Swim Fitness Program has been included in Rule 9, Leave.

Note: Old Rule 19, Americans with Disabilities Act Complaint Procedure has been eliminated. Federal Law mandates this.

The rule has been rewritten in numerical format to make it easier to follow for employees.

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Thursday, August 02, 2001 12:07:31 AM