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| Human
Resources |
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| City
Handbook |
Compensation
Plan |
Job
Descriptions |
Rules
and Regulations |
| Personnel
Rules and Regulations |
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RULE
7 - PERSONNEL ACTIONS
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7.1
Employment Status:
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A. |
Purpose
of Probation: The probationary or working test period
is an integral part of the employment process and shall
be used by the Appointing Officer or the Department Head
for closely observing an employee's work. It shall be
utilized for the most effective adjustment of the new
employee and for the elimination of any probationary employee
whose conduct and performance does not meet the required
standards in the opinion of the Appointing Officer or
Department Head. The probationary or working test period
shall begin immediately upon appointment and shall be
for a period of at least six (6) months.
For Civil Service employees, all original and re-employment
appointments shall be for a probationary period of at
least six (6) months. Successful completion of the probationary
period and the compliance with these Rules shall be requisites
for employment as a Permanent Trainee, as described in
the following paragraph, and the employee affected shall
be notified of such employment status.
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B. |
Permanent
Trainee: Upon successful completion of the Civil Service
probationary period, probationary Civil Service employees
shall be employed as a Permanent Trainee for an additional
period of six (6) months in which time they shall be in
a training status for the purpose of observation and evaluation
on-the-job to assure that they meet required job standards
and, during this period of time, Civil Service employees
shall be subject to position/class rejection if their
performance does not meet the required standards in the
opinion of the Appointing Officer or Department Head.
Permanent Trainee employment status may be extended for
six (6) additional months at three (3) month intervals.
Permanent Trainee employees are subject to the same personnel
rules as other permanent Civil Service employees.
Employment in Permanent Trainee employment status shall
be regular and continuous and not of a temporary status
and subject to those portions of the Charter of the City
of Sarasota dealing with the service for Police personnel
and the Civil Service Rules promulgated and adopted pursuant
to such Charter's authority. Permanent Trainee employment
status shall qualify the employee for all fringe benefits,
such as vacation, life insurance, hospitalization, etc.
Upon successful completion of the employment status as
a Permanent Trainee, and upon request of the Chief of
the Department, recommendation of the Director of Human
Resources and approval of the City Manager or City Auditor
and Clerk, for their respective employees, the employee
shall qualify for permanent appointment.
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C. |
Promotional
Probationary Period: Promotional appointments shall
be for a probationary period of six (6) months. At the
conclusion of the probationary period, no salary or other
compensation payment shall be made to any probationary
employee unless the Department Head has first filed, with
the Department of Human Resources, a statement in writing
that the performance of the employee during the probationary
period was satisfactory and it is desired that he or she
be continued in the service. The Department Head shall
include in said statement an appraisal of the value of
the services of the employee, and shall include a service
rating on prescribed forms.
Successful completion of the probationary period and the
compliance with this Rule shall be requisites for a permanent
appointment, and the employee affected shall be notified
of such appointment.
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7.2
Evaluation:
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A. |
Performance
Report: Each probationary employee's performance shall
be evaluated at least twenty (20) calendar days prior
to the conclusion of the probationary period by the employee's
immediate supervisor on the Employee Performance Evaluation
Form provided. The required evaluation shall be reviewed
by the Department Head and be filed with the Director
of Human Resources at least twenty (20) calendar days
prior to the termination date of the employee's probationary
period.
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B. |
Reports
During Probationary and Permanent Trainee Periods:
The Department Head shall file with the Department of
Human Resources at the end of every six (6) months a service
rating of each employee who is on extended probation or
permanent trainee status on the prescribed form. The rating
shall be offered to the employee for his or her signature.
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7.3
Rejection:
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A. |
Probationary/Permanent
Trainee Periods: The Department Head, with prior approval
of the City Manager or City Auditor and Clerk, for their
respective employees, may reject any employee during the
Probationary/Permanent Trainee periods without the right
of review of any kind for the employee. Such rejection
shall not be based on consideration of age, sex, race,
creed, religion, national origin, marital status or physical
disability, except where age, sex, marital status and
physical requirements are bona fide occupational qualifications.
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B. |
Promotion:
If, following a promotional appointment, an employee is
rejected during the probationary period because of failure
to meet the performance requirements of the promotional
position, the employee shall be reinstated in the position
from which the employee was promoted, even though this
may necessitate the layoff of the employee occupying the
former position. However, if no vacancy exists at the
time in such class of position to which the employee might
have been restored, then the Rules governing layoff shall
be applied.
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7.4
Appointment:
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A
Probationary/Permanent Trainee employee who has received
a rating less than satisfactory on his or her Employee
Performance Evaluation shall not receive a permanent appointment.
In order to receive a permanent appointment, the Department
Head must notify the Director of Human Resources in writing
at least twenty (20) days prior to the expiration date
of any employee's Probationary/Permanent Trainee period
that the employee's rating is satisfactory and that he
or she is to continue in the position.
A probationary employee shall not be permitted to work
after the concluding date of his or her probationary period
unless the Director of Human Resources shall have been
notified that the probationary employee had attained a
rating of satisfactory.
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7.5
Extension:
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If,
at the end of the required six (6) month probationary
period, a Department Head cannot certify to Permanent
Trainee/Permanent status for good and sufficient cause,
the probationary period may be extended in intervals,
each not to exceed three (3) months, with the recommendation
of the Director of Human Resources and the approval of
the Appointing Officer. Such request must be in writing
setting forth the reasons for such extension.
The Department Head, with approval of the City Manager
or City Auditor and Clerk, for their respective employees,
for reason, may extend a probationary period, but not
in excess of twelve (12) months beyond the initial period.
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7.6
Service Date:
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Upon
the satisfactory completion of their Probationary/Permanent
Trainee period and upon receiving permanent appointment,
employees shall receive credit for service dating from
the date of their probationary appointment.
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7.7
Promotion:
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Promotion
of employees in the Classified Service shall be on the
basis of merit earned by qualifying marks on promotional
examinations, skill, ability, job knowledge, efficiency,
fitness and industry, as shall be determined by the aid
of Employee Performance Evaluation Forms, to be established
and maintained by Department Heads, and shall be filed
with the Department of Human Resources.
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7.8
Transfers:
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The
transfer of an employee from a position in one class under
one Department Head to a position in another class under
another Department Head may be made in order to bring
about a better distribution of persons in service or to
effect economies or to provide training. Such transfer
must receive the approval of the Department Head and the
City Manager or City Auditor and Clerk, for their respective
employees.
No employee shall be transferred to a position involving
duties for which the employee is not qualified, as indicated
by experience, training, and record of service, nor shall
such transfers involve any change in compensation without
approval of the City Manager or City Auditor and Clerk,
for their respective employees. The level of compensation
is to be determined on the basis of skill, knowledge and
experience of the employee, giving adequate consideration
to the pay structure for the proposed position and shall
not be based on consideration of age, sex, race, creed,
religion, national origin, marital status, or physical
disability, except where age, sex, marital status, and
physical requirements are bona fide occupational qualifications.
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7.9
Reduction of Salary:
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A
Department Head may request a reduction in salary of an
employee whose quality of work is of low service value
and does not conform to the required standards for the
employee's grade. Such reduction in salary shall not be
below the minimum established for the employee's grade.
Appeals from such action may be taken by the employee
under these Rules.
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7.10
Counseling:
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An
employee may be counseled, as defined in these Rules and
Regulations, by his or her supervisor, when the supervisor
believes that such counseling will serve to improve the
employee’s behavior, conduct or performance. Counseling
shall not be considered to be disciplinary action under
these Rules and Regulations.
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7.11
Instruction and Cautioning:
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An
employee may be instructed and cautioned, as defined in
these Rules and Regulations, by his or her supervisor,
when that employee has violated any cause for dismissal,
suspension, demotion or rejection as provided in Rules
7.15, 7.16, 7.17 or other applicable Rules and Regulations.
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7.12
Reprimands:
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An
employee may be reprimanded, as defined in these Rules
and Regulations, by his or her supervisor, when that employee
has violated any cause for dismissal, suspension, demotion
or rejection as provided in Rule 7.15, 7.16, 7.17 or other
applicable Rules and Regulations.
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7.13
Restriction:
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An
employee may be restricted, as defined in these Rules
and Regulations, by his or her Department Head with prior
recommendation of the Director of Human Resources and
approval of the City Manager or City Auditor and Clerk,
for their respective employees, for the good of the service
for a period of time deemed to be in the best interest
of the City.
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7.14
Pre-Determination Hearing, Pre-Suspension, Pre-Demotion or
Pre-Dismissal Hearing:
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In
initiating a potential suspension, demotion or dismissal
to a permanent employee as provided in Rule 7 of the Personnel
Rules and Regulations, the employee is to be given a Pre-Determination
hearing by the Department Head in which the employee is
allowed to explain the cause for the conduct/behavior.
Procedure: The Pre-Determination hearing is to
be informal and conducted by the Department Head at his
or her location without extensive witnesses, court reporters
or lawyers. Notes on the hearing are to be made and witnessed
whenever possible.
The Department Head shall give a copy of the specifications
and charges of the violation to the employee prior to
the Pre-Determination hearing and allow reasonable time
for the employee to study the charges and prepare for
conference, at which the employee shall have the right
to representation of his or her choice.
The Department Head shall conduct the Pre-Determination
hearing and shall give due consideration to the comments
of the employee before initiating the required personnel
action papers. The Department Head shall inform the employee
of the right of appeal under Rule 7.21 for general employees
or Rule 7.22 for Police Uniform Service employees from
subsequent duly approved suspension, demotion or dismissal.
In addition, where the personnel action papers will result
in dismissal, suspension, or demotion and when the circumstances
in question meet the criteria set forth at Rule 7.23.C,
the Department Head shall also give the employee notice
that the employee has a right to request a Name-Clearing
Hearing and may request that the appeal be used for that
purpose, even though the employee does not choose to appeal
the suspension, demotion or dismissal.
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7.15
Suspension:
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The
Department Head may suspend any permanent employee and
any such suspension shall be given in writing to the Director
of Human Resources for recommendation and the approval
of the Appointing Officer before taking effect. The employee
shall receive a copy of the notice of suspension. The
reason or reasons shall be the same as the reasons for
dismissals, demotions and suspensions as set forth by
the General Personnel System Ordinance and these Rules.
The employee shall be given a Pre-Determination hearing,
in accordance with Rule 7.14 of these Rules and Regulations.
Such suspension shall be for a period not to exceed thirty
(30) duty days, except that extensions with pay may be
made pending any investigation and/or hearing.
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7.16
Demotion:
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When
the services of an employee who holds permanent status
are not satisfactory, the City Manager or City Auditor
and Clerk, for their respective employees, may demote
the employee to a position in a lower class and grade
and such employee shall be required to serve a class probationary
or working test period of six (6) months in such position
before acquiring permanent status therein.
The demoted employee may receive less compensation than
the rate of compensation before demotion but not in excess
of the maximum for the class of positions to which the
employee has been demoted. The level of compensation is
to be determined on the basis of the skill, knowledge
and experience of the employee, giving adequate consideration
to the pay structure for the proposed position and shall
not be based on consideration of age, sex, race, creed,
religion, national origin, marital status or physical
disability, except where age, sex, marital status and
physical requirements are bona fide occupational qualifications.
An employee may be granted a demotion upon his or her
request and such demotion shall be termed and recorded
as voluntary. The reason or reasons for any demotion shall
be put in writing on the form required and shall be forwarded
to the Director of Human Resources for recommendation
and approval of the City Manager or City Auditor and Clerk,
for their respective employees, before such demotion is
put into effect. A copy of such form shall be provided
to the employee, whether the demotion is voluntary or
not. Such reason or reasons shall be the same as the reasons
for dismissals, demotions and suspensions as set forth
by these Rules and Regulations for Civil Service and General
Employees.
The 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 where deemed
to be in the best interest of the service. Any employee
so demoted shall have his or her name placed on the Re-employment
List for the classification from which demoted as provided
in cases of layoff. No employee shall be demoted to a
position for which he or she does not possess the minimum
qualifications.
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7.17
Dismissals:
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The
Department Head may remove a permanent employee at any
time for cause, or for the good of the service, with prior
recommendation of the Director of Human Resources and
approval of the City Manager or City Auditor and Clerk,
for their respective employees. The Department Head shall
give the affected employee and the Director of Human Resources
a written statement setting forth the reasons for such
dismissals before the effective dismissal date. The employee
shall be given a Pre-Determination hearing in accordance
with Rule 7.14 and may appeal a dismissal as set forth
in these Rules.
Dismissals are permanent termination of employment and
requests for the approval of dismissals shall include
a statement of the charges on the required Personnel Action
Form. A copy of the approved Personnel Action Form shall
be served upon the dismissed employee at the time of removal.
Temporary and Probationary employees may be dismissed
at any time by the Department Head with or without cause
upon notice to the Director of Human Resources on the
required form and approval of the City Manager or City
Auditor and Clerk, for their respective employees. The
temporary or probationary employee may have a right to
a Name-Clearing Hearing and notice of that right at the
time of dismissal. The notice of the right to a Name-Clearing
Hearing must be given when the circumstances outlined
in Rule 7.23.C are present. The Department Head shall
give the employee notice, and the notice must comply with
the requirements of Rule 7.23.D.
Causes for dismissal, suspension, demotion, or rejection,
whether on duty or off, shall be based on, but not restricted
to:
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Misrepresentation
and/or falsification of employment application or
any other records related to employment or employee
benefits.
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Misrepresentation
and/or falsification of any records of the City.
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Negligence
in performance of duties.
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Incompetence,
i.e., wanting in adequate skills, capability, or
physical and mental qualifications to perform duties.
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Permanent
or chronic physical or mental ailment or defect
which incapacitates, after reasonable accommodation,
the employee for the satisfactory performance of
his or her duties.
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Service
ratings falling below the minimum standards required
for satisfactory job performance as a result of
such causes as negligence, incompetence and inefficiency.
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Absence
from duty without leave.
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Habitual
or excessive tardiness or absence from duty.
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Willful
violation of any of the provisions of the Civil
Service Act or of these Rules. Attempt to commit or the commitment of any act or acts intended to
hinder or nullify any of the provisions thereof.
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| J. |
Violation
of any lawful and reasonable order or regulation.
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Failure
to obey an order or direction of a superior where
a loss or injury to the City, persons or property
in the custody of the City, or the public, might
or does result because of such failure to obey the
directions.
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Conduct
which is deemed to be disruptive to either fellow
employees' or superiors' on-the-job performance.
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| M. |
Violation
of rules, orders and policies issued and adopted
by the City and/or Department.
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| N. |
Insubordination.
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Offensive
conduct towards the public, City Officials, or other
City employees.
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| P. |
Conduct
unbecoming an employee of the City which tends to
reflect discredit upon the City.
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| Q. |
Interference
with and inhibiting the proper rendition or coordination
of the services of the City by employees of the
City.
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| R. |
Conviction
of an immoral or criminal act, reasonably related
to job duties.
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| S. |
Intoxication
or under influence of alcohol or drugs while at
work, subject to reasonable accommodations.
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| T. |
Participation
in any political activity or campaign during duty
hours in any way other than to exercise his or her
right as a citizen or privately express an opinion
or cast a ballot.
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| U. |
Use
of threats, or attempts to use or use of political
influence to secure any favor whatsoever in any
manner or in any way related to the Classified Service.
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| V. |
The
taking of any valuable thing, regardless of its
designation or description, in the course of work
or in connection therewith for the personal use
of the employee from any person, corporation, firm,
partnership, or cooperative, whether or not such
valuable thing is accepted with the understanding
that the donor shall or does receive favors or services
not customarily accorded to the general public.
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| W. |
Carelessness
or negligence in the care and handling of the property
of the City.
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| X. |
Stealing,
misusing, or misplacing property, equipment, supplies,
materials or any other things of value belonging
to the City.
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| Y. |
Failure
to complete training.
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| Z. |
Failure
to develop or maintain the proficiency required
for grade/position.
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| AA. |
Any
other related prohibited activity or activities
as set forth by these Rules and Regulations, State
Statutes and City Ordinances.
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Any
permanent employee in the combined Classified Service
may appeal from a dismissal according to the procedure
outlined in these Rules and the City Charter.
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7.18
Layoffs:
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A. |
General:
A Department Head may request the layoff of a permanent
employee in the service when it is deemed necessary by
reason of shortage of work or funds, the abolition of
the position, material changes in department organization,
or for work-related reasons. Such layoffs shall not reflect
discredit upon the service of the employee.
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B. |
Prior
Displacement of Probationary/Temporary Employee: No
permanent employee shall 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 shall be laid off before probationary employees.
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C. |
Order
of Layoff of Permanent Employees: The layoff of permanent
employees shall be made on the basis of Employee Performance
Evaluation ratings and the need for the service rendered,
and in inverse order of length of service, other considerations
being equal, in the class and in the department.
Any layoff of a permanent employee shall require the prior
recommended approval of the Director of Human Resources
and the approval of the City Manager or City Auditor and
Clerk, for their respective employees.
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D. |
Notice
of Layoff: Notice of the proposed layoff of a permanent
employee with the reason therefore shall be made in writing
on the required form by the Department Head to the Director
of Human Resources. Such notice shall be given sufficiently
before the effective date of the layoff to provide the
permanent employee fourteen (14) calendar days notice
of such layoff.
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E. |
Limitation
of Layoff Status: An employee laid off for the period
of one (1) year or more shall be removed from the Re-employment
List as prescribed in these Rules.
No temporary or permanent removal of an employee from
the service as a penalty or disciplinary action shall
be made as a layoff.
In the event a reduction in the number of the lowest grade
or class within a department shall cause a permanent employee
to be laid off as prescribed in these Rules and Regulations,
such employee shall not lose department grade/class and
service for a period of time not to exceed one (1) year,
provided he or she accepts re-employment within ten (10)
days after notice has been given by the Department of
Human Resources that the grade/position is open.
The Director of Human Resources shall prepare lists of
employees who have been laid off and shall re-employ such
persons possessing desired skills before recruiting competitively
outside the service in accordance with these Rules and
Regulations. Such layoff type separations or interruptions
of employment shall be computed as continuous service
for purposes of longevity pay for a period of time not
to exceed ninety (90) days, or as approved by the City
Manager or City Auditor and Clerk, for their respective
employees.
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7.19
Resignations:
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To resign in good standing, a permanent employee must
give the Department Head at least fourteen (14) calendar
days prior written notice, unless the Department Head
shall, because of extenuating circumstances, agree to
permit a shorter period of notice. A written resignation
shall be supplied by the employee to the Department Head,
giving the reason or reasons for leaving.
Such resignation shall be forwarded to the Director of
Human Resources by the Department Head, together with
an Employee Performance Evaluation on the form required,
if applicable, and official notice of the resignation,
giving pertinent information concerning the reason or
reasons for the resignation.
The resignation of an employee who fails to give notice
shall be reported to the Director of Human Resources immediately
by the Department Head. Failure to comply with the notification
requirement shall be entered on the service record of
the employee and 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, shall have his or her
name placed on the Re-employment List for one (1) year.
After one year, such an employee shall forfeit all Civil
Service or General Personnel rights and shall be eligible
for future employment only through original entrance procedures.
A permanent employee who voluntarily resigns in good standing
from the service of the City and returns and if re-hired
within one (1) year from separation date, shall receive
permanent employment status and an adjusted date of hire
based on the number of days between the separation date
and re-hire date.
A permanent 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, departmental policies and procedures, and
Personnel Rules and Regulations shall forfeit all Civil
Service or General Personnel rights and shall be eligible
for future employment only through original entrance procedures.
An employee is entitled to the notice of the right to
a Name-Clearing Hearing where the employee submits a coerced
resignation and where the circumstances specified in Rule
7.23.C are present. The notice shall comply with the requirements
set forth in Rule 7.23.D.
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7.20
Discipline Administration:
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A. |
Policy:
It shall be the policy of the City to be fair and uniform
in the disposition of discipline to employees who do not
comply with City Administrative Regulations, departmental
policies and procedures, and Personnel Rules and Regulations.
The following, therefore, is to be viewed as the standard
for the application of the disciplinary action described
in this Rule.
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B. |
Supervisor/Management
Responsibility:
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First-line Supervisors and middle management are
responsible for monitoring the work conduct
and
job performance of their employees.
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Department Heads are responsible for managing their
first-line supervisors and middle managers in the
formulation of conduct and job performance standards
and the administration of discipline within their
departments.
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| (3) |
The
Director of Human Resources is responsible for monitoring
all employee disciplinary actions in the City and
shall recommend to the City Manager or City Auditor
and Clerk, for their respective employees, appropriate
personnel action to ensure that basic employee rights
are protected.
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C. |
Progressive
Discipline Administration: Since each violation of
a department work rule or City directive may differ somewhat
from similar situations, each offense/occurrence shall
be evaluated upon its individual merit. This Rule as outlined
herein, is not to be construed as a limitation upon the
disciplinary action of the City, but is to be used solely
as a guide for disciplinary administrative action.
Consideration shall be given to the severity of the violation/offense,
the cost involved, the time interval between violations,
the service record and the attitude of the employee towards
management.
Administrative disciplinary action shall be processed
as provided in Rule 7 of these Rules and Regulations.
First
Offense
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Instruction
& Cautioning |
Second
Offense
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Written
Reprimand |
Third
Offense
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Written
Reprimand |
Fourth
Offense
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Suspension |
Fifth
Offense
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Demotion |
Sixth
Offense
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Dismissal |
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| a. |
Absence
from duty without prior permission from the Foreman
or Supervisor, except in case of illness or other
cause beyond the control of the employee which
prevents
obtaining prior approval. When advance notice cannot
be given, the employee should notify the employee's
department (prior to his shift start) of the
reasons
for his or her absence and the expected time or
date of return.
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| b. |
Leaving
the working area at any time without permission
from the supervisor.
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| c. |
Neglect
or carelessness in observance of official safety
or departmental rules, or disregard of common safety
practices.
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| d. |
Malicious
mischief, horseplay, wrestling or other undesirable
conduct.
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| e. |
Disregarding
job duties by neglect of work or reading for pleasure
during working hours.
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| f. |
Tardiness.
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| g. |
Failure
to commence work at the beginning of the duty period
or leaving work prior to the end of the duty period.
All employees are expected to work from the beginning
to the end of the duty period and neither arrive
late nor leave early.
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| h. |
Creating
or contributing to unsanitary or unsafe conditions
or poor housekeeping. (Examples are: Throwing refuse
or objects on the floor or out of windows or placing
or failing to remove hazardous objects from assigned
work area; these examples do not limit the generality
of the Rule.)
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| i. |
Use
or possession of another employee's working equipment
without the employee's consent.
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| j. |
Willful
failure to punch in or out if required or failure
to report for scheduled duty on time or to make
required time reports, or neglect or carelessness
in punching in or out, or leaving the place of duty
or assigned duty without proper permission.
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| k. |
Stopping
work or making preparations to leave work, without
specific prior authorization, before the lunch period,
or for any official break in work, or before the
specified quitting time. (Examples are: Washing
up or changing clothes before the official quitting
time.)
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| l. |
Distracting
the attention of others, or causing confusion by
unnecessary shouting, catcalls or demonstration
on the job.
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| m. |
Where
the operations are continuous, an employee shall
not leave his or her post assigned duty location
at the end of his or her scheduled shift until he
or she is relieved by his or her supervisor or his
or her relieving employee on the incoming shift.
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| n. |
Failure to report any personal injury or equipment
damage immediately to one's supervisor.
|
| o. |
Failure
to report the loss of a required City identification
card immediately to the supervisor and department.
|
| p. |
Unsatisfactory
work and/or failure to maintain required standards
of performance.
|
|
| |
(2) |
Group
II:
First
Offense
|
Written
Reprimand |
Second
Offense
|
Suspension |
Third
Offense
|
Demotion |
Fourth
Offense
|
Dismissal |
|
| |
|
| a. |
Leaving
the job during regular working hours without notice
to and permission from his or her supervisor.
|
| b. |
Sleeping
during working hours.
|
| c. |
Reporting
for work or working while unfit for duty.
|
| d. |
Being
in possession of, or drinking alcoholic beverages
on the job.
|
| e. |
The
use of abusive or threatening language toward subordinates,
fellow employees or members of the supervisory force.
|
| f. |
Solicitation
within the City employment without permission during
working hours.
|
| g. |
Failure
to report an accident in which the employee was
involved.
|
| h. |
Unauthorized
use of City property for private work or performing
private work on City time.
|
| i. |
Conduct
violating morality or common decency.
|
| j. |
Unauthorized
posting of notices, or unauthorized removal of notices,
or signs, from bulletin boards on City property.
|
| k. |
Distributing
or posting written or printed matter of any description
in work areas, unless allowed or previously approved
for distribution.
|
| l. |
Threatening,
intimidating, coercing or interfering with employees
or supervision of employees at any time.
|
| m. |
The
making or publishing of false or malicious statements
concerning any employee, supervisor, the City or
its operation.
|
| n. |
Failure to report for overtime work without good
reason after being scheduled to work according to
departmental overtime policy.
|
|
|
| |
| |
(3) |
Group
III:
First
Offense
|
Suspension
or Demotion |
Second
Offense
|
Dismissal |
|
| |
|
| a. |
Wanton
or willful neglect in the performance of assigned
duties or in the care, use or custody of any City
property. Abuse, or deliberate destruction in any
manner of City property, tools, equipment, or the
property of employees.
|
| b. |
Punching
another employee's time card, altering another employee's
time card, or unauthorized altering of his/her own
time card.
|
| c. |
Falsifying
testimony when accidents are being investigated
or falsifying or assisting in falsifying personnel
status or other records, including production or
work performance reports; or giving false information
or withholding pertinent information called for
in making application for employment, except as
modified under the application section.
|
| d. |
Making
false claims or misrepresentations in an attempt
to obtain sickness or accident benefits, worker's
compensation, or unemployment compensation payments.
|
| e. |
Sale
of tickets for pools or bookmaking, or gambling
of a similar serious nature.
|
| f. |
Stealing
or similar conduct, including destroying, damaging
or concealment of any property of the City or of
other employees.
|
| g. |
The
use of narcotics or the sale of narcotics.
|
| h. |
Fighting
or attempting injury to another employee.
|
| i. |
Carrying
or possession of firearms, explosives or weapons
on City property at any time, except for those authorized
by the City to carry weapons.
|
| j. |
Knowingly
harboring a communicable disease such as TB, which
may endanger other employees.
|
| k. |
Conviction
of a felony reasonably related to job duties.
|
| l. |
Misuse
or removal of information such as blueprints, lists,
City records or confidential information of any
nature, or revealing such information without prior
written authority from the City.
|
| m. |
Instigating,
leading, participating in or overtly preparing in
any manner for participation in a "strike"
as hereafter defined. "Strike" means the
concerted failure of employees to report for duty;
the concerted absence of employees from their positions;
the concerted stoppage of work by employees; the
concerted submission of resignations by employees;
the concerted abstinence in whole or in part by
any part of employees from the full and faithful
performance of the duties of employment for the
purpose of inducing, influencing, condoning, or
coercing a change in the terms and conditions of
employment or the rights, privileges or obligations
of public employment, or participating in a deliberate
and concerted course of conduct which adversely
affects the services of the public employer, the
concerted failure of employees to report for work
after the expiration of a collective bargaining
agreement; and picketing in furtherance of a work
stoppage.
|
| n. |
Permitting another to use one's City identification,
or using another person's identification or altering
a City identification card.
|
| o. |
Commission
of an act of dishonesty or any dishonest action.
Some examples of what is meant by "dishonesty"
or "dishonest action" are: theft, pilfering,
opening lockers assigned to other employees, opening
lunch boxes, tool kits, or other property of the
City or of other employees; inserting slugs in vending
machines or telephones or securing articles from
vending machines without paying the proper change
therein; making false statements to secure employment
or to secure an excused absence or to justify an
absence or tardiness; making or causing to be made,
inaccurate or false reports concerning any absence
from work; making or joining in a false statement
to influence any official action by the City or
making a false statement concerning any matter pertaining
to work or employment. The foregoing are examples
only and do not limit the term "dishonesty"
or "dishonest action".
|
| p. |
Engaging
in unlawful or improper conduct off the City premises
or during non-working hours which affects or which
tends to affect the employee's relationship to his/her
job, fellow employees, supervisor or the City's
products, property, reputation or good will in the
community.
|
| q. |
Insubordination by the refusal to perform work assigned
or to comply with written or verbal instructions
of the supervisory force which the employee may
be reasonably expected to perform.
|
|
|
| |
| D. |
Past
Record: Prior infractions of City or departmental
rules which occurred more than five (5) years previously
shall not be used by management when imposing disciplinary
action on an employee, unless it is related to the current
charge/violation.
|
| E. |
Disciplinary Action:
| (1) |
Supervisors
and/or Department Heads shall endeavor to be uniform
in imposing disciplinary action on their employees.
|
| (2) |
Verbal
warnings and written reprimands may be repeated
when it is necessary so long as the discipline is
commensurate with the offense.
|
| (3) |
Complete
documentation of any offense and corrective action
taken shall be made by the Department Head and a
copy shall be furnished to the Department of Human
Resources for file or as may be directed by the
City Manager or City Auditor and Clerk, for their
respective employees.
|
|
7.21
Procedure for Appeal for Suspension, Demotion, Dismissal
or Layoff: (For General Employees)
| |
Upon
receipt by a permanent employee of a Personnel Action
Paper providing for his or her suspension, demotion, dismissal
or layoff as prescribed in Rule 7, the employee may within
seven (7) working days, request the Department of Human
Resources to make arrangements with the General Personnel
System Board to place the matter on the Board's agenda
for its next regular meeting. Time shall be considered
of the essence in
making this request.
The decision to layoff a permanent employee may not be
appealed when the layoff decision is based on economic
or re-organizational reasons. The application of the layoff
procedures of the Personnel Rules and Regulations may
be appealed in the event of a reduction in force due to
economic or re-organizational reasons.
The Department of Human Resources shall notify the employee
and the Department Head of the time and place of hearing
the appeal.
|
| |
A. |
Board
Proceedings: The Board shall normally hear the appeal
within thirty (30) days from the date filed with the Board
by the Department of Human Resources or as soon as practical.
The Board shall hear the evidence upon the charges and
specifications as filed by the Department Head. No material
amendments of, or addition to, said charges or specifications
will be considered by the Board and the proceedings shall
be as informal as is compatible with the requirements
of justice. The hearing shall be public and the employee
making such appeal shall have the right to appear and
to be heard in person. The Board may call other persons
it considers necessary to aid in establishing the facts.
|
| |
B. |
Order
of Proof: The Department Head shall present the problems
or evidence in support of charges or specifications.
The employee concerned or his or her representative shall
have the right to cross-examine witnesses called against
him or her. The parties in interest may then offer rebuttal
evidence. The parties shall have the right to present
closing arguments.
|
| |
C. |
Evidence
and Counsel: The admission of evidence may, at the
discretion of the Board, be determined by the rules applied
by the courts in civil cases. The Board shall have the
power to subpoena and require the attendance of witnesses,
the production of pertinent documents, and to administer
oaths. The Board may be represented by the City Attorney
or other counsel. The employee concerned may be accompanied
or represented by a representative or counsel of his or
her choice. The Department Head may be represented by
the City Attorney's Office or other counsel.
|
| |
D. |
Failure
of Parties to Appear: If the employee making such
an appeal shall fail to appear, the Board shall hear the
evidence and render a decision thereon. If the Department
representative(s) shall fail to appear, and if no evidence
is presented in support of charges or specifications,
the Board may render a decision by default or may hear
the evidence offered by the employee making such appeal
and render a recommendation or decision thereon.
|
| |
E. |
Resignation
Before Appeal Hearing: The acceptance by the City
Manager or City Auditor and Clerk for their respective
employees of the resignation of an employee who has appealed
a dismissal action before final action on the part of
the Board shall be considered a withdrawal of the appeal,
and the separation of the employee concerned shall be
recorded as set forth on the Personnel Action Form, and
the proceedings shall be dismissed with prejudice and
without recommendation. Any employee terminated under
such circumstances shall waive all his or her Classified
Service rights of Appeal and Hearing.
|
| |
F. |
Board
Action:
General Personnel System: The Board shall have seven (7)
calendar days from the date of the conclusion of the hearing
in which to submit a written statement of fact, findings
and recommendations to the City Manager or City Auditor
and Clerk, for their respective employees, for such action
as the City Manager, in his or her judgment, determined
to be proper, and the decision of the City Manager or
City Auditor and Clerk, for their respective employees,
shall be final.
|
| |
G. |
Compensation
When Appeal is Sustained:
General Personnel System: The General Personnel Board
may recommend their disapproval of any suspension or dismissal
and reinstatement of a general employee. The recommendation
shall be forwarded to the City Manager or City Auditor
and Clerk, for their respective employees for a final
decision. If the City Manager or City Auditor and Clerk,
for their respective employees, orders reinstatement of
the employee; the employee shall receive any salary to
which he or she would otherwise be entitled, less any
unemployment benefits and/or salary/wages earned by the
employee during the period. The decision of the City Manager
or the City Auditor and Clerk, for their respective employees,
shall be final.
|
7.22
Procedure for Appeal of Suspension, Demotion or Dismissal:
|
| |
|
(For
Civil Service Employees [Police Officers])
|
| |
| |
Upon
receipt by a permanent employee of a Personnel Action
Paper providing for his or her suspension, demotion or
dismissal as prescribed in Rule 7, the employee may appeal
the Board’s recommendation within seven (7) working
days by requesting the Department of Human Resources to
make arrangements with the Civil Service Personnel System
Board to place the matter on the Board's agenda for its
next regular meeting. Time shall be considered of the
essence in making this request.
The Department of Human Resources shall notify the employee
and the Chief of Police of the time and place of hearing
the appeal.
|
| |
| A. |
Board
Proceedings:The Board shall hear the appeal
within thirty (30) days from the date that such
appeal was so filed with the Board by the Department
of Human Resources or as soon as practical.
The Board shall hear the evidence upon the charges
and specifications as filed by the Chief of Police.
No material amendments of, or addition to, the charges
or specifications will be considered by the Board
and the proceedings shall be as informal as is compatible
with the requirements of justice.
The hearing shall be public and the employee making
such appeal shall have the right to appear and to
be heard in person. The Board may call other persons
it considers necessary to aid in establishing the
facts.
|
| B. |
Order
of Proof: The Department Head shall present
the problems or evidence in support of charges or
specifications. The employee concerned or his or
her representative shall have the right to cross-examine
witnesses called against him or her. The parties
in interest may then offer rebuttal evidence. The
parties shall have the right to present closing
arguments.
|
| C. |
Evidence
and Counsel: The admission of evidence may,
at the discretion of the Board, be determined by
the rules applied by the courts in civil cases.
The Board shall have the power to subpoena and require
the attendance of witnesses, the production of pertinent
documents, and to administer oaths. The Board may
be represented by the City Attorney or other counsel.
The employee concerned may be accompanied or represented
by a representative or counsel of his or her choice.
The Department Head may be represented by the City
Attorney's Office or other counsel.
|
| D. |
Failure
of Parties to Appear: If the employee making
such an appeal shall fail to appear, the Board shall
hear the evidence and render a decision thereon.
If the Department representative(s) shall fail to
appear, and if no evidence is presented in support
of charges or specifications, the Board may render
a decision by default or may hear the evidence offered
by the employee making such appeal and render a
recommendation or decision thereon.
|
| E. |
Resignation
Before Appeal Hearing: The acceptance by the
City Manager or City Auditor and Clerk for their
respective employees of the resignation of an employee
who has appealed a dismissal action before final
action on the part of the Board shall be considered
a withdrawal of the appeal, and the separation of
the employee concerned shall be recorded as set
forth on the Personnel Action Form, and the proceedings
shall be dismissed with prejudice and without recommendation.
Any employee terminated under such circumstances
shall waive all his or her Classified Service rights
and benefits.
|
| F. |
Board
Action:
Civil Service: Within seven (7) calendar days after
the completion of the public hearing and any investigation
the Board considers necessary, the Board shall
render
its judgment affirming, reversing or modifying
the action of the said department, and the Civil
Service
Board's decision shall be final.
|
| G. |
Compensation
When Appeal is Sustained: Whenever any suspension
or dismissal is disapproved by the Civil Service
Board's final decision and reinstatement is ordered,
such person shall receive any salary to which he
or she would otherwise have been entitled.
|
| H. |
Law
Enforcement Officers Act: The complaint procedures
in this Rule, insofar as they affect Law Enforcement
Officers, shall 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.
|
|
|
| |
|
| |
7.23
Name-Clearing Hearing:
| |
A. |
General:
All employees, regardless of the status of their appointment,
are entitled to a Name-Clearing Hearing upon request,
where the conditions described herein of this Rule are
met, and the employee is entitled to notice of his or
her right whenever he or she has been subject to disciplinary
action resulting in suspension, dismissal, demotion, rejection,
during the probationary period, or a coerced resignation.
The employees who are entitled to these rights are probationary
employees, permanent trainees, temporary employees, promotional
probationary employees and permanent employees.
|
| |
B. |
Definitions:
| (1) |
Name-Clearing
Hearing: A Name-Clearing Hearing is a hearing that
provides a qualifying employee with the opportunity,
to contradict a charge or accusation that has been
made against the employee, in order to show the
error in the charge or accusation. 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 or her probationary
period, suspend, demote, dismiss or seek a coerced
resignation.
|
| (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.
|
|
| |
C. |
The
Right to Notice: The notice shall 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) |
There
is a factual dispute as to the truth or falsity
of the stated reason(s); and,
|
| (3) |
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,
|
| (4) |
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.
|
|
| |
D. |
Content
of the Notice: At the time of the relevant disciplinary
action, under the necessary conditions, the Department
Head shall inform the employee of the right to seek a
Name-Clearing Hearing. The notice:
| (1) |
Shall
be in writing, and
|
| (2) |
Shall
inform the employee of the nature of the stated
charge(s) made public in connection with any of
the above personnel actions in sufficient detail
to enable the employee to show the error in the
statements, and
|
| (3) |
Shall
state that the employee may request a Name-Clearing
Hearing, and
|
| (4) |
Shall
inform the employee that he or 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 shall
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 during
the probationary period, suspend, demote, dismiss
or seek and accept the resignation of the employee.
|
|
| |
E. |
Hearing:
The hearing shall be set by the Department Head only after
the employee requests a hearing. The employee shall be
given a reasonable period of time to prepare for the hearing.
If the employee elects to appeal the Department Head's
decision to the Civil Service Board or General Personnel
Board, the "Board" shall also conduct the Name-Clearing
Hearing.
| (1) |
The
hearing shall be conducted by one or more persons
who shall constitute the hearing tribunal and shall
be appointed by the City Manager or his or her designee.
The person(s) who made the allegedly defaming statement
that was made public shall not be a member of the
deciding tribunal.
|
| (2) |
The
composition of the tribunal shall be determined
by the Department Head in consultation with the
Director of Human Resources.
|
| (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) |
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 or her probationary
period, suspend, demote, dismiss or request and
accept the employee's resignation.
|
| (5) |
The
Civil Service Board/General Personnel Board or Department
Head, if applicable, may place a document summarizing
the disposition of the Name-Clearing Hearing in
the personnel file.
|
|
|
| |
|
|
