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Home My WebLink AboutEffective 12/08/2025 - Revised 01-21-2026G1'1"lf or SF�ASTI�NHOME OF PELICAN ISLAND EMPLOYEE POLICY AND PROCEDURE O Brim Benton, eianager"" 1 /21 /2026 Date MANUAL Effective: December 8, 2025 Revised: January 21, 2026 Cynthia Dig: ally signed by Cynthia Watson DN: cn=Cynlhie Wetsan, -US, —City of Sebastian, .-H—an Watson p ai12026.01.21109:24: 0.05'00'g Cynthia Watson, Human Resources Director 1 /21 /2026 Date INTRODUCTION To ensure consistency in the development and implementation of the City of Sebastian's policies and procedures, the authority to publish these policies and procedures shall be limited to the Human Resources Director with the approval of the City Manager, and ratified by the Citv Council. However, the responsibility to ensure that this manual is kept up-to-date shall be the responsibility of every employee of the City. It is the purpose of this manual to clearly explain the policies and procedures of the City of Sebastian. This manual sets forth the policies and procedures necessary for the City of Sebastian to maintain high standards and is readily available to the public for perusal. This manual thus serves to inform the public of the standards by which the City of Sebastian measures its performance and provides the public with a greater understanding of the constraints and regulations under which the City of Sebastian operates. This manual is not intended to be a contract nor does it constitute a promise of continued employment to City employees. The City Manager under vested authority of the City Council, reserves the right to modify this manual at any time. It serves as a reference for all employees and a working guide for supervisory and management personnel. All personnel will receive and sign for a copy of the manual, and are expected to be completely familiar with its provisions which are mandatory when applicable. By governing their actions according to the policies and procedures contained in this manual, those who serve the City of Sebastian can be confident their behavior is consistent with its policies. As used in this manual, the term "employees" will pertain to all law enforcement officers and civilian personnel employed by the City of Sebastian. Volunteers (non -paid personnel), will follow the same guidelines herein, established for all employees where applicable. The contents of this manual will cancel and supersede any policies, rules, orders, procedures or written directives published previouslythat are in conflict with its contents. If any part of this manual is deemed to be in conflict with any state or federal law, or held unconstitutional for any reason, the conflict will be resolved in favor of the applicable state or federal law, or constitutional provision. This decision will not affect the validity of the remaining portions of this manual. If any City policy, procedure, rule, regulation, directive or order conflicts with any collective bargaining agreement, the conflict will be resolved in favor of the collective bargaining agreement. As needed, changes will be made and issued in a form suitable for inclusion in this manual. Each department/division will be issued a copy of any change. Each employee is responsible for updating their manual and keeping abreast of any amendments or modifications. It is the employees' responsibility to ensure the revised material is properly inserted into the manual and the obsolete material removed. To prevent any misunderstanding, all employees are directed to contact their immediate supervisor concerning any questions regarding any policy, procedure or amendment to the manual. Anyone having difficulty understanding the content of a directive, or a question pertaining to its interpretation, should bring such concerns to the attention of their immediate supervisor or the Human Resources Director. QTY Of iFtOUE OF PELICAN ISLAND MISSION STATEMENT "The City of Sebastian strives to enhance the quality of life through excellence in public services." City of Sebastian's elected officials, volunteer board and advisory committee members, and all employees are committed to making Sebastian the most desirable city in the State of Florida to live and visitors to enjoy. Sebastian will become known as a city that superbly manages and develops its human, natural and financial resources such that it is consistently able to provide and improve upon its reputation as a highly attractive and safe community with enviable business and recreational opportunities. The strategic goals of the City of Sebastian directly support and advance the City's mission to provide responsive government, preserve our natural resources, and promote a safe and vibrant community. Each goal is designed to uphold the mission by ensuring responsible growth, protecting the Indian River Lagoon and surrounding environment, enhancing public services and infrastructure, and fostering community engagement. The goals of the city are as follows: • Enhancing Quality of Life • Improving Organizational Efficiency • Preserving our Hometown Feel and Coastal Charm • Supporting Smart/Sustainable Growth • Ensuring a High Level of Public Safety • Maintaining Fiscal Responsibility • Encouraging Economic Development By aligning our goals with the mission, the City ensures that every initiative, program, and investment contributes to sustaining Sebastian's small-town character, strengthening economic opportunity, and maintaining the high quality of life our residents and visitors value. We will achieve this mission and reach our goals by implementing the following strategies that build on excellent work already in progress: 1. Ensure that all employees, volunteers and advisory board members fully understand and will work toward the achievement of the mission. 2. Determine through citizen committees, workshops and surveys, the most important stated and unstated needs and expectations of the majority of our residents, and concurrently seek to assess both internal and external attitudes toward all major City -sponsored programs designed to meet those needs and expectations. 3. Continually assess the City's recreational and cultural activities and work to provide an optimal mix that satisfies our residents. 4. Develop a Growth Management Plan that recognizes the City's current and future growth needs. 5. Continue to improve the budgeting process so that all human, natural and financial resources are allocated and all capital improvements are developed and implemented consistently with this mission. 6. Design and implement an employee recruitment, training and development plan that finds, trains, develops, and retains people with the skills and talents needed to achieve the City's mission. 7. Develop and promulgate an Economic Development Policy that will entice commercial enterprises to Sebastian, thereby strengthening and expanding the City's financial resources. 8. Continue to improve methods of communicating information to residents. Each Department of the City of Sebastian will develop and accept responsibility for specific action steps designed to achieve its portion of the mission. The city will review its Mission Statement annually and measure its progress periodically based on completion of specific goals set forth in the annual budgeting process. The final measure of success will be the realization of the City of Sebastian's mission. VISION "To be known as the most desirable city in Florida to live, work, and play due to our hometown vibe, coastal charm, promotion of the waterfront, and protection of the Indian River Lagoon." VALUES • Honesty and Transparency • Ethics and Professionalism • Protection of our Natural Resources • Innovative Initiatives TABLE OF CONTENTS Introduction................................................................................................. 2 Mission Statement......................................................................................... 3 Vision.......................................................................................................... 4 Values......................................................................................................... 4 SECTION A - STANDARD OPERATING PROCEDURES .............................................. 11 AlPolicy.............................................................................................. 12 A2 Equal Employment Opportunity............................................................. 12 A3 Code of Ethics for Public Officers and City Employees .................................. 13 A4 Human Trafficking Awareness and Prevention ........................................... 15 A5 Management Rights........................................................................... 16 A6 Collective Bargaining Agreements......................................................... 17 SECTION B - GENERAL PROVISIONS................................................................... 18 61 General Provisions............................................................................... 19 B2 Public Employee Oath......................................................................... 19 SECTION C - STANDARDS OF CONDUCT............................................................. 20 C1.1 Policy.......................................................................................... 21 C2 Employee Identification Badges/Fingerprinting.......................................... 22 0 Disclosing Criminal History ................................................................... 23 C4Harassment..................................................................................... 24 C5 Sexual Harassment............................................................................. 25 C6 Solicit/Engage in Sexual Activity or Conduct ............................................. 27 C7 Workplace Violence........................................................................... 27 C8 Domestic Violence in the Workplace....................................................... 29 C9Bullying.......................................................................................... 29 C10 Social Media................................................................................... 30 C11Promptness.................................................................................... 31 C12 Absent without Leave (AWOL).............................................................. 32 C13 Dress Code and Personal Appearance..................................................... 33 C14 Conflict of Interest............................................................................. 35 C15 Political Activity............................................................................... 36 C16 Outside Employment........................................................................ 36 C17 Release of Information....................................................................... 37 C18 Solicitation and Distribution............................................................... 37 C19 Use of City Property .......................................................................... 38 C20 Memberships in Organizations............................................................ 38 C21 General Prohibitions.......................................................................... 38 C22 Correspondence/Communication........................................................ 39 C23 Whistleblower................................................................................ 39 C24 Employee Telephone Number and Address ............................................... 40 C25 City of Sebastian Address..................................................................... 41 C26 Conflicting Orders............................................................................. 41 C27 Insubordination................................................................................ 42 C28 Distraction from Duty........................................................................ 43 C29 Destroying Official City Documents........................................................ 43 C30Work Stoppage................................................................................ 45 C31 City Cell Phones and Laptops............................................................... 46 C32Email............................................................................................. 47 C33 Employee Statements......................................................................... 48 C34 Conduct Unbecoming of an Employee .................................................... 48 C35 Seeking and Accepting Gifts and Gratuities ................................................ 49 C36Civil Suits........................................................................................ 49 C37 Official Reports/Truthfulness................................................................. 50 C38 Public Relations and Civilian Complaints ................................................... 50 C39Alcohol Abuse.................................................................................. 51 C40 TobaccoNaping Use/Cessation Opportunities ........................................... 51 C41 Patent Agreements............................................................................ 52 C42 Designee Authority........................................................................... 52 C43 Employee Suggestions....................................................................... 53 C44 Open Door Policy.............................................................................. 54 SECTION D — EMPLOYEE RECRUITMENT................................................................. 55 D1Policy.............................................................................................. 56 D1.4. Recruitment Process........................................................................ 56 D2 Fraternization/Employment of Relatives ................................................... 60 SECTION E — EMPLOYEE PROBATIONARY PERIOD .................................................... 62 E1 Probationary Period............................................................................. 63 E2 Probationary Period for a Promoted Employee ............................................ 63 SECTION F — EMPLOYEE STATUS......................................................................... 66 F1Policy............................................................................................. 67 F2 Seniority/Layoff/Recall......................................................................... 68 F3 Loss of Seniority................................................................................. 69 F4 Workforce Adjustment and Layoff............................................................ 69 SECTION G — HOURS OF WORK............................................................................ 72 G1Policy.............................................................................................. 73 G2 Call -out/ Designated On-Call...................................................................74 G3 Adverse Weather............................................................................... 74 G4 Time Sheets and Leave Requests for Exempt Employees ................................ 74 G5Overtime........................................................................................ 75 G6 Pay Plan/Pay Periods........................................................................... 76 SECTION H — JOB CLASSIFICATION PLAN.............................................................. 77 H1Policy............................................................................................. 78 H2 Reclassification of Positions.................................................................. 79 H3 Creating New Classifications................................................................. 79 H4 Temporary Work in Higher Classifications................................................. 80 H5 Employee Action Notice (EAN)............................................................... 80 SECTION I — PERFORMANCE EVALUATION............................................................ 83 11 Policy.............................................................................................. 84 12 Evaluation Criteria.............................................................................. 85 13 Performance Rating Factors.................................................................. 86 14 Post Review....................................................................................... 87 15 Overall Evaluation............................................................................... 87 16 Achievements or Accomplishments......................................................... 87 17 Performance Review Process.................................................................. 88 18 Performance Improvement Plan.............................................................. 89 19 Annual Increase................................................................................. 90 110 Promotion....................................................................................... 91 111 Demotion........................................................................................ 93 112 Transfer.......................................................................................... 94 SECTION J — SEPARATION OF EMPLOYMENT......................................................... 96 J1Policy.............................................................................................. 97 J2Exit Interview.................................................................................... 97 J3 Transition Planning.............................................................................. 98 J4 Final Compensation............................................................................. 98 SECTION K — DISCIPLINARY ACTION.................................................................... 100 K1Policy.............................................................................................. 101 K2 Reporting Violations of Regulations.......................................................... 102 K3 Intent of Disciplinary Action................................................................... 102 K4 Disciplinary Process............................................................................ 102 K5 Internal Investigations......................................................................... 104 K6 Immediate Termination....................................................................... 105 K7 Conduct Unacceptable Off -Work Hours .................................................... 106 K8Gambling........................................................................................ 106 K9Conformity to Law.............................................................................. 106 K10 Arrested/Traffic Violations.................................................................... 107 K11 Types of Disciplinary Offenses............................................................... 108 K12 Confidentiality ................................................................................. 111 K13Consistency..................................................................................... 112 K14 Last Chance Agreements..................................................................... 113 SECTION L— EMPLOYEE GRIEVANCES AND ARBITRATION ......................................... 114 L1Policy.............................................................................................. 115 L2 Grievance Procedure........................................................................... 116 SECTION M — EMPLOYEE LEAVE.......................................................................... 119 M1Policy............................................................................................. 120 M2Holiday Leave.................................................................................. 121 M3 Vacation Leave................................................................................. 122 M4Sick Leave....................................................................................... 125 M5 Sick Leave Donation........................................................................... 127 M6 Family Medical Leave Act(FMLA)............................................................ 129 7 M7 Short -Term Disability............................................................................ 133 M8Personal Leave................................................................................... 134 M9 Leave of Absence............................................................................... 134 M10Flex Time........................................................................................ 136 M11 Bereavement Leave........................................................................... 136 M12Court Leave.................................................................................... 137 M13Jury Duty........................................................................................ 138 M14 Conference Leave............................................................................. 138 M15 Administrative Leave........................................................................ 138 M16 Military Leave................................................................................. 140 SECTION N — LONGEVITY................................................................................... 143 N1Policy............................................................................................. 144 N2 Longevity Pay Schedule -Non -Exempt ...................................................... 144 N2.2 Longevity Pay Schedule — Exempt Employees ........................................... 145 SECTION O — RETIREMENT................................................................................. 146 01 Polity............................................................................................. 147 02 Retirement Benefits............................................................................. 147 03 Other Employee Retirement Plans........................................................... 148 SECTION P— INSURANCE BENEFITS...................................................................... 149 P1Policy............................................................................................... 150 P2 Types of Insurance.............................................................................. 150 P3 Termination of Benefits........................................................................ 152 P4 Employee Assistance Program................................................................ 152 P5 Post Trauma Debriefing and the EAP......................................................... 153 P6 Early Intervention Program and the EAP...................................................... 153 P7 Management Consultation and the EAP..................................................... 154 P8 Training and the EAP............................................................................ 154 P9 Cost to Employee and the EAP............................................................... 154 SECTION Q— DRUG FREE WORKPLACE.................................................................. 155 Q1Policy............................................................................................. 156 Q2 Prohibited Conduct............................................................................ 157 Q3 Drug and Alcohol Testing..................................................................... 158 Q4 Legal and Authorized Substance Use ....................................................... 159 Q5 Employee Assistance Program............................................................... 160 Q6 Compliance with Federal and State Laws ................................................... 160 Q7Disciplinary Action.............................................................................. 160 Q8 Positive Drug Tests............................................................................. 160 Q9Exceptions....................................................................................... 161 Q10 Employee Responsibilities.................................................................. 161 SECTION R — VEHICLES..................................................................................... 162 R1Policy............................................................................................. 163 R2 Authorized Use................................................................................. 163 R3Safety.............................................................................................. 163 R4 Vehicle Maintenance and Inspection......................................................... 164 R5Vehicle Accidents............................................................................... 164 R6 Alcohol/Drugs in City Vehicle................................................................. 165 R7 Operating City Vehicle......................................................................... 165 R8 Florida Commercial Drivers' License......................................................... 165 R9 Take -Home Vehicle............................................................................. 166 R10 Disciplinary Action............................................................................. 166 SECTION S — SAFETY/WORKER'S COMPENSATION................................................... 167 S1Policy.............................................................................................. 168 S2 Responsibilities.................................................................................. 169 S3Injuries and Disability........................................................................... 170 S4 Workers' Compensation........................................................................ 170 S5 Reassignment Due to Injury or Illness (Light Duty) ........................................ 173 S6 Off Duty Injuries................................................................................. 175 S7Safety Glasses.................................................................................... 176 S8 Work Boots/Safety Shoes...................................................................... 176 S9Uniforms.......................................................................................... 177 SECTION T — EDUCATION AND TUITION REIMBURSEMENT ........................................ 179 T1Policy............................................................................................... 180 T2 Tuition Payment Plan........................................................................... 180 T3 Application Procedure.......................................................................... 180 T4 Course Completion............................................................................. 180 T5 Transportation................................................................................... 181 T6 Maximum Credit Hours Paid for Semester .................................................. 181 T7 Service Requirement for Employee Reimbursed Courses ................................ 181 T8 City Mandated Courses.......................................................................... 181 SECTION U— EMERGENCY CLOSURE AND COMPENSATION ......................................... 182 U1Policy.............................................................................................. 183 U2 Authority to Close.............................................................................. 183 U3 Criteria for Emergency Closure............................................................... 183 U4 Communication................................................................................. 184 U5 Employee Responsibilities.................................................................... 184 U6 Post Closure Procedures...................................................................... 184 U7 Compensation for Employees................................................................ 184 U8Employee Meals................................................................................. 184 U9 Payment of Exempt Employees............................................................... 184 U10 Payment of Non -Exempt Employees....................................................... 185 U11 Leave the Area/Vacation..................................................................... 185 U12 Extended Emergency......................................................................... 186 U13 Benefit Coverage for Employees............................................................ 186 U14 Employee Notification of Closure........................................................... 186 U15 Extending Employee Leave Due to Event ................................................. 186 U16 Partial Day Closure............................................................................ 187 U17 The City is Open and The Employee Can Not Come to Work .......................... 187 U18 Employee Bereavement and Other Emergency Situations Due to Event ............ 187 SECTION V - MISCELLANEOUS RULES AND BENEFITS .......................................... 188 V1 Use of City Equipment.......................................................................... 189 V2 Lost or Stolen City Equipment............................................................... 189 V3 City Loans to Employees....................................................................... 189 V4 Educational, Certification, Hiring Bonus, CDL, Uniform, etc. Reimbursement RepaymentPolicy............................................................................... 190 10 SECTION A STANDARD OPERATING PROCEDURES 11 Al - STANDARD OPERATING PROCEDURES A1.1. Purpose - The purpose of this section is to establish a framework for the development, implementation, and maintenance of Standard Operating Procedures (SOPS) within the City of Sebastian. SOPs are essential for ensuring consistency, quality and compliance in all city processes. A1.2. Scope - This section applies to all departments and employees of the City of Sebastian involved in creating, reviewing, approving, and following SOPS. A1.3. Policy— All employees are expected to conduct themselves in a manner that reflects Positively on the City and supports a productive, respectful, and safe work environment. Employees must adhere to all City policies, applicable laws, and ethical standards when carrying out their responsibilities. a. Definition of SOPS - Standard Operating Procedures (SOPs) are detailed, written instructions designed to achieve uniformity in the performance of specific functions. b. Development of SOPs - The Human Resources Director or designee is responsible for writing, maintaining, and updating of the SOPs c. Approval and Review - All SOPS must be reviewed and approved the City Manager before implementation. SOPS should be reviewed annually or as needed to ensure they remain current and effective. d. Access and Training - Approved SOPs must be accessible to all relevant personnel. Employees must receive training on SOPS pertinent to their roles and responsibilities. e. Compliance and Monitoring - Adherence to SOPS is mandatory for all employees. Supervisors are responsible for monitoring compliance and addressing any deviations. f. Continuous Improvement - Feedback on SOPs should be encouraged to facilitate continuous improvement. Revisions to SOPs must undergo the same approval process as the original documents. A1.4. Management and Staff Responsibilities a. City Manager — Final review and approval of all policies and procedures. b. Department Heads — Ensure SOPs are developed, reviewed, and updated regularly within their departments. Assures training to all employees within their department. c. All Exempt and Non -Exempt Personnel — Read, and understand all applicable City policies and procedures including, but not limited to those listed since the employee will sign that they have done SO. d. Adhere to SOPS and participate in required training sessions. A2 - EQUAL EMPLOYMENT OPPORTUNITY A2.1. Purpose -This policy affirms the City's commitment to providing equal employment opportunities for all employees and applicants. It ensures a workplace free from discrimination and harassment while fostering diversity and inclusion. A2.2. Scope - This policy applies to all employees, job applicants, contractors, interns, and volunteers in all aspects of employment, including recruitment, hiring, promotion, compensation, training, and termination. 12 A2.3. Policy - The City of Sebastian is an Equal Employment Opportunity (EEO) employer. We are committed to providing equal opportunities to all individuals, regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability genetic information, marital status, or any other protected characteristic as defined by applicable laws. a. Prohibited Discrimination and Harassment — Discrimination or harassment based on any protected characteristic is strictly prohibited. This includes welcome conduct, whether verbal, physical, or visual, that creates an intimidating hostile, or offensive work environment. b. Recruitment and Hiring Practices 1. Recruitment processes will focus on qualifications, skills, and abilities relevant to the job. 2. Job postings will include language affirming the city's status as an EEO employer. c. Reasonable Accommodations 1. The city will provide reasonable accommodations for qualified individuals with disabilities or religious needs, unless doing so would pose an undue hardship. 2. Employees or applicants requiring accommodations should contact the Human Resources Department. d. Training and Awareness - All employees, especially department heads, managers and supervisors, will receive training on EEO principles, preventing workplace discrimination, and fostering diversity. e. Reporting and Complaint Process 1. Employees or applicants who believe they have experienced discrimination or harassment should report the incident to their supervisor, Human Resources, or another designated representative. 2. Reports will be handled promptly, thoroughly, and confidentially to the extent possible. Retaliation for reporting discrimination or harassment is strictly prohibited. f. Investigation and Resolution 1. The Human Resources Department will investigate all complaints in a timely and impartial manner. 2. If discrimination or harassment is found, appropriate corrective actions will be taken, which may include disciplinary measures up to and including termination. g. Compliance with Laws This policy complies with all applicable federal, state, and local EEO laws, including but not limited to: 1. The Fair Labor Standards Act. 2. Title VII of the Civil Rights Act of 1964, as amended, or by applicable state or local law. 3. Title I and Title V of the Americans with Disabilities Act of 1990, as amended or by applicable state or local law and the Rehabilitation Act of 1973, as amended, or by applicable state or local law. 4. The Age Discrimination of Employment Act of 1967, as amended or by applicable state or local law. 5. The Equal Pay Act of 1963, as amended or by applicable state or local law. 6. Title II of the Genetic Information Nondiscrimination Act of 2008, or by applicable state or local law. 7. Marital status or lawful political affiliation as prohibited under Federal Law and Florida Statutes or applicable local law. A3 - CODE OF ETHICS FOR PUBLIC OFFICERS AND CITY EMPLOYEES A3.1. Purpose - Florida Statutes establish a mandatory Code of Ethics for all public employees and officers at F.S. Chapter 112, Section III. City employees are required to comply with this Code of Ethics, and are strongly 13 encouraged to seek guidance from the Legal Department and/or the Human Resources Department if there is any question about the propriety of any contemplated action prior to such action being undertaken. A copy of the statutory Code of Ethics may be obtained by contacting the Human Resources Department. The more pertinent provisions of the applicable Statute are summarized as follows: a. No City public officer or employee shall solicit or accept anything of value to the recipient such as a gift (including Christmas gift), favor, loan, reward, promise of future employment, preferred service, benefit, or concession that would reasonably tend to improperly influence the employee in the discharge of their official duties or give the appearance of improperly influencing them. b. No City public officer or employee shall use or attempt to use their position, or any property or resource under their care or in their trust, or perform their official duties to secure special privileges; benefits or exemptions for themselves or others, except as may be provided by policy and/or law. C. No City public officer or employee shall accept employment or engage in any business or professional activity which they might reasonably expect would require or induce them to disclose confidential information acquired by them by reason of their official position. d. No City public officer or employee shall disclose or use information not available to members of the general public and gained by reason of their official position for their official position for their personal gain or benefit or for the personal gain or benefit of any other person or business entity. e. If any public officer or employee of the City is an officer, director, partner, proprietor, associate, or agent of, or owns a material interest in any business entity which is granted a privilege to operate in this state, they shall file a sworn statement disclosing such facts no later than 45 days after becoming an officer or employee or after the acquisition of such position or material interest. The individual shall file a sworn statement with the employer, Director of Human Resources and Clerk of the Circuit Court of the County in which they are principally employed. f. No City public officer or employee shall transact, or solicit to transact any business in their official capacity with any business entity of which they or their spouse or child is an officer, director, agent, or member, or in which they, their spouse or their child owns a financial interest, or otherwise has any material interest therein. Nor shall a City public officer or employee, acting in a private capacity, transact or solicit to transact any business with the City, or with any of its subdivisions or agencies. g. No City public officer or employee shall have personal investments in any enterprise which would reasonably create a conflict between their private interests and the public interest. h. No City public officer or employee or their spouse or minor child shall, at any time, accept any compensation, payment or thing of value when such public officer or employee knows, or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer or employee was expected to participate in their official capacity. i. No City public officer or employee shall have or hold any employment or contractual relationship with any business entity or agency which is subject to the regulation of, or is doing business with the City, or any part of the City of which they are an officer or employee. Nor shall any City officer or employee have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between their private interests and the performance of their public duties, or that would impede the full and faithful discharge of their public duties. j. No City public officer or employee shall have any interest, financial or otherwise, in any business transaction or professional activity, nor from any obligation of any venture which is in substantial conflict with the proper discharge of their duties in the public interest. Certain City public officers and employees, including but not limited to Local Officers, Procurement Employees, Legislative Analysts, Legislative Assistants, Executive Assistants, are required by law to file either limited financial disclosure forms or full financial disclosure forms, and are subject to more 14 stringent requirements, especially with regard to the acceptance of gifts and honoraria. As mentioned previously, when any City employee or officer has any doubt as to the personal application of the laws governing ethical behavior, he/she should discuss the matter with the Director of Human Resources. An employee wishing to determine whether a proposed activity would be prohibited may document the circumstances of the proposed activity and request an opinion from the State of Florida Commission on Ethics in Tallahassee, Florida. Copies of the request and resulting opinions should be provided to their department director and the Director of Human Resources prior to engaging in the activity. A4 - HUMAN TRAFFICKING AWARENESS AND PREVENTION A4.1. Purpose - The City of Sebastian is committed to upholding human rights and maintaining a work environment that is free from exploitation. Human trafficking has no bounds. This modern-day form of slavery claims victims of all ages, sex, ethnicities, and demographics. This policy aims to raise awareness about human trafficking, outline preventive measures, and establish procedures for reporting and addressing potential cases within our city and its operations. A4.2. Scope - The policy applies to all employees, contractors, and volunteers associated with The City of Sebastian. A4.3. Policy — The City of Sebastian strictly prohibits human trafficking and any related activities within its organization, facilities, programs, or business relationships. The city will not tolerate, engage in, or support any practice that exploits individuals through force, fraud, coercion, or abuse of power for the purpose of labor or sexual exploitation. All employees, vendors, contractors, and volunteers are expected to uphold this commitment and comply with applicable federal and state laws, including the Trafficking Victims Protection Act (TVPA) and Florida Statutes Subsection 787,06. a. Definition of Human Trafficking - Human trafficking involves the recruitment, transportation, transfer, harboring, or receipt of persons through force, fraud, or coercion for the purpose of exploitation, including forced labor, sexual exploitation, and involuntary servitude. b. Zero Tolerance - The City of Sebastian has a zero -tolerance approach to human trafficking and any form of modern slavery within its city operations and companies that service the city. c. Employee Awareness and Training - All employees are required to participate in training programs that educate them about the signs of human trafficking and the appropriate actions to take if they suspect such activities. Training materials and resources will be provided to ensure comprehensive understanding. d. Supplier and Partner Compliance - The City of Sebastian expects all suppliers and business partners to comply with laws and regulations regarding human trafficking and to take reasonable steps to ensure that their operations are free from such practices. Agreements with suppliers and partners will include clauses that mandate adherence to anti -human trafficking laws. e. Reporting Procedures - Employees and associates are encouraged to report any concerns or suspicions regarding human trafficking to their supervisor, to the Human Resources Director (Compliance Officer) or the Police Department. Reports can be made confidentially and without fear of retaliation. If online enticement or sexual exploitation of a child call 911, contact the FBI at tops.fbi.gov, or filing a report with the National center for Missing & Exploited Children (NCMEC) at 1-800-843-5678 or repo rt.cyberti p.o rg or Spanish: esp.missingkings.org/gethelpnow/cybertipline; esp.missingkid.org/netsmartz/home 15 f. Investigation and Response - All reports of suspected human trafficking will be promptly and thoroughly investigated. If a violation is confirmed, The City of Sebastian will take appropriate corrective action, which may include terminating contracts or employment and reporting to relevant authorities. g. Continuous Improvement - The City of Sebastian is committed to continuously improving its practices to combat human trafficking and will review and update this policy as necessary. A4.4. RESPONSIBILITIES a. City Council: Proclaims public awareness and prevention of human trafficking for The City of Sebastian b. City Manager: Enforces compliance of the Human Trafficking Awareness and Prevention Policy c. Human Resources Director: Writes the Human Trafficking Awareness and Prevention Policy, Provides necessary resources for training. d. Department Heads: Ensures the implementation of the Human Trafficking Awareness and Prevention Policy, Provides the time necessary for employees to take the Human Trafficking Awareness and Prevention Policy training. e. Employees: Participate in training, remain vigilant, and report any concerns related to human trafficking. f. Suppliers and City Partners: Comply with anti -human trafficking laws and cooperate with The City of Sebastian's efforts to prevent exploitation. AS - MANAGEMENT RIGHTS A5.1. Policy - To ensure effective and efficient public service, City management's rights, duties and responsibilities include but are not limited to the following: a. Operational Oversight 1. To manage, direct, and control the City's operations, services, and resources in alignment with its mission and goals. 2. To determine the methods, processes, and means bywhich the City's functions are carried out. 3. To determine the location, methods, means and personnel by which operations are to be conducted including the right to contract and subcontract existing and future work. 4. To determine the organization of the City's Departments. 5. To determine the purpose of each of the City's Departments. b. Decision -Making Authority 1. To make decisions regarding City policies, strategies, and practices. 2. To introduce new initiatives, modify existing procedures, and discontinue services or activities as needed. c. Staffing and Employment 1. To hire, assign, reassign, classify, reclassify, promote, transfer, and evaluate employees based on City's needs and performance. 2. To determine staffing levels, job descriptions, and work schedules. 3. To suspend, demote, discharge, or take disciplinary action against employees. 4. To increase, reduce, change, modify, or alter the composition and size of the work force including the right to relieve employees from duties due to lack of work, lack of funds, or other reasons. 5. To establish, change, or modify the number, types, and grades of positions or employees assigned to the City, unit, department, or project. d. Workplace Standards 16 1. To set standards for services offered to the public. 2. To establish and enforce rules, regulations, and policies for employee conduct, workplace safety, and operational efficiency. 3. To implement procedures that ensure compliance with legal and regulatory requirements. e. Resource Allocation 1. To manage and allocate financial, technological, and physical resources to achieve organizational objectives. 2. To set budgets and determine priorities for resource distribution. f. Performance Management 1. To monitor, evaluate, and assess individual and team performance. 2. To implement training, development, and disciplinary actions to maintain productivity and uphold standards. g. Workplace Adjustments 1. To reorganize, restructure, or modify workflows, roles, and responsibilities to adapt to changing needs or priorities. 2. To address emergencies or unforeseen circumstances that affect operations. h. Contracting and Partnerships 1. To enter into agreements with external vendors, contractors, or partners to support City goals. 2. To determine the location, methods, and means. 3. To terminate or modify such agreements as deemed necessary. i. Policy Enforcement 1. To enforce adherence to organizational policies, rules and regulations. 2. To take corrective actions when violations occur. j. Change Implementation 3. To implement changes to City practices or structure to maintain competitiveness, compliance, or efficiency. A5.2. Regulations - These rights are exercised with the understanding that they are subject to applicable laws, regulations, and contractual agreements. Management remains committed to fairness, transparency, and the welfare of all employees while fulfilling its obligations to the organization and its stakeholders. A6 - COLLECTIVE BARGAINING AGREEMENTS A6.1. For all employees of the City who are represented by a Certified Employee Organization under a valid Collective Bargaining Agreement, such Agreement shall take precedent over these Rules and Regulations when a difference or conflict between the two document occurs. 17 SECTION B GENERAL PROVISIONS 18 B-1 GENERAL PROVISIONS B1.1. Purpose The purpose ofthese Policies and Procedures is to provide a general guidefor the personnel administration of the City of Sebastian. a. These Policies and Procedures are not intended to be a legally enforceable contract (either expressed or implied). b. These Policies and Procedures are not intended to create any legally enforceable obligation on the part of the City. c. These Policies and Procedures supersede all previously adopted Policies and Procedures and personnel policies and procedures to the extent such prior policies conflict with those provisions. d. These Policies and Procedures are a reference document and are not intended to contain all of the official Policies and Procedures of the City. e. No employee other than the Appointing Authority has the authority to enter into an employment agreement. B-2 PUBLIC EMPLOYEE OATH B2.1. Policy - All employees will sign the City Oath stating they are a citizen of the State of Florida and of the United States of America and that they are employed by the City of Sebastian and a recipient of public funds. In addition, they will swear to affirm that they will support the Constitution of the United States and of the State of Florida. 19 SECTION C STANDARDS OF CONDUCT 20 C1 -STANDARDS OF CONDUCT CM. Purpose - The City of Sebastian has established a system of human resources management to assist in providing superior service to the community. The policies and procedures establish the expectations for behavior, ethics, and professional conduct for all employees, contractors, and representatives of the City of Sebastian. They are intended to promote a positive, respectful, and ethical workplace while ensuring compliance with applicable laws and organizational values. They govern employee conduct while facilitating the achievement of the goals and objectives. Employees will not commit any act violating any rule, regulation, directive, order, or policy. Violations may result in disciplinary action up to and including termination. This policy outlines the expectations for employees assumption of responsibilities at the City of Sebastian. in all roles within the city. regarding the performance of their duties and the It aims to ensure clarity, accountability, and efficiency C1.2. Scope - This policy applies to all employees of the city, including full-time, part-time, and temporary staff. C1.3. Policy - All employees are expected to conduct themselves in a manner that reflects positively on the City and supports a productive, respectful, and safe work environment. Employees must adhere to all City policies, applicable laws, and ethical standards when carrying out their responsibilities. a. Job Descriptions 1. Each position within the city shall have a written job description that includes the purpose of the position, areas of responsibility, immediate supervisor, and any specific qualifications for requirements. 2. Employees are expected to familiarize themselves with their job descriptions and perform their duties accordingly. b. Performance of Duties 1. Employees are expected to execute their assigned duties diligently, efficiently, and to the best of their abilities. 2. Tasks should be completed within established timeframes and meet quality standards set by the city. 3. Employees should seek guidance from their supervisors when unclear about any aspect of their responsibilities. c. Assumption of Responsibility 1. Employees are accountable for the outcomes of their work and should take ownership of their tasks and projects. 2. In the event of errors or issues, employees should promptly report them to their supervisors and take corrective actions as necessary. 3. Employees are encouraged to proactively identify areas for improvement within their roles and suggest constructive changes. d. Collaboration and Teamwork 1. Employees should work collaboratively with colleagues, sharing information and resources to achieve common goals. 21 2. Respectful communication and a willingness to assist others are essential components of effective teamwork. e. Professional Development 1. Employees are encouraged to pursue opportunities for professional growth to enhance their skills and competencies related to their roles. 2. The city may provide training and development programs to support employee growth. f. Compliance with Policies and Procedures 1. Employees must adhere to all city policies, procedures, and guidelines relevant to their positions. 2. Non-compliance may result in disciplinary action, up to and including termination of employment. g. Employee Loyalty Oath: - All employees, before assuming their duties with the City of Sebastian will be required to sign an oath of loyalty as follows: "I, (your name), a citizen of the State of Florida and United States, or a United States National or alien authorized to work, and being employed by the City of Sebastian, do hereby solemnly swear or affirm that I will support the Constitution of the United States and the State of Florida." C2 - EMPLOYEE IDENTIFICATION BADGES /FINGERPRINTING C2.1. Process for Identification Badges: Identification badges will be issued to every employee upon employment with the City of Sebastian. All new Police Department employees including Police Volunteers, will be fingerprinted prior to commencement of duties. a. The Human Resources Department and MIS will be responsible for photographing the new employees for their Identification Badge of City Employees. The Executive Assistant to the Chief of Police will be responsible for preparation and issuance of badges for all Police Department employees and volunteers. b. The primary responsibility for preparation and issuance of the Identification Badges shall be with the office of the Human Resources Department. Fingerprinting of employees will be the responsibility of the Police Department. c. Identification Badges are the property of the City of Sebastian and will be used solely for conducting official duties and identification purposes only. d. Employees are obligated to give a citizen or resident their supervisor's name and phone number if they wish to verify identification. C2.2. Processing fingerprints 1) Employees will be fingerprinted via Live Scan and electronically submitted to FDLE. A finger print card will be printed and placed in the Police Department files. C2.3. Processing Identification Badges - a. City Employees 1. Employees will complete an Identification Badge and Access Control Form. 2. The MIS Department will be notified to take the employee's photo and enter their information into the ProWatch System. 22 3. The signed Identification Badge and Access Control Form will be placed in a file and kept in the Human Resources Department. b. Police Employees 1. The Executive Assistant to the Chief of Police is responsible for preparation and issuance of badges for all Police Department employees and volunteers. 2. If a badge is lost, stolen, or damaged, it must be reported immediately to the Executive Assistant via the chain of command. The report must include the date, time, and circumstances of the loss or damage, and a request for issuance of a duplicate. 3. When there is a change in the employee's position title or employee's name, a new Identification Badge will be issued upon return of the old badge, unless it was lost or stolen. Employees are only authorized to have one City of Sebastian Identification Badge. C2.4. Replacement of Obsolete, Lost, Stolen, or Mutilated Badges - a. If an Identification Badge is lost, stolen, or mutilated, it must be reported immediately to Human Resources. A written report signed by the employee and the supervisor, must be submitted to the Human Resources Department. The report will contain the date, time, place and circumstances of the loss, and a request for issuance of a duplicate Identification Badge. b. When there is a change in the employee's position title, employee's name, or Employee's department, a new Identification Badge will be issued upon the return and receipt of the old badge unless the old Card was lost or stolen. Employees requiring a replacement ID Badge will send a written request to Human Resources. c. All replacement and obsolete badge requests will include the following information and documentation. 1. The employee's name and employee I.D number. 2. The employee's position title and Department. 3. The reason the employee is requesting a replacement ID Card. 4. A copy of the completed event Report (lost or stolen ID Badge only). d. Human Resources will contact employees to make arrangements to have their pictures taken by MIS and ID Badge Form signed. e. Employees are only authorized to have one City of Sebastian Identification Badge. U.S. Display of Badge - For security reasons all employees will be required to display and wear their I.D. Badges when entering any City facility. C3 - DISCLOSING CRIMINAL HISTORY C3.1. Policy - All employees must disclose to the appropriate supervisor or Director, via chain of command, any felony or misdemeanor arrests, convictions, or plea of nolo contendere (whether or not adjudication was withheld) occurring prior to or after their date of employment. C3.2. Procedure a. Disclosure must be made within 24 hours of the incident or as soon as practical. b. If disclosure is made, the employee may be suspended with or without pay until an investigation is conducted. If the disclosure is not made, the employee will be disciplined up to and including termination. 23 C4 - HARASSMENT C4.1. Purpose - The City of Sebastian is committed to providing a work environment free from harassment, discrimination, and retaliation. This policy outlines our commitment to preventing and addressing all forms of harassment in the workplace. C4.2. Scope - This policy applies to all employees, contractors, volunteers, and any individuals interacting with the city. C4.3. Policy — It is the policy of the City of Sebastian to prohibit any form of harassment — verbal, physical, visual, or otherwise ---based on race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, gender identity, genetic information, or any other legally protected characteristic. All employees are expected to conduct themselves in a manner that fosters an inclusive and respectful work environment. a. HARASSMENT DEFINED - Harassment is described as engaging in a course or pattern of unwanted verbal, nonverbal, or physical conduct directed at a particular person or group, serving no legitimate purpose and includes, but is not limited to words, gestures, touching, innuendos, epithets, propositions, threats, or other actions which annoy, alarm, frighten, abuse, or insult another person in any manner. b. Harassment in any form will not be permitted in the workplace. All employees have a right to work in an environment free of discrimination. The city expressly prohibits any form of employee harassment based on race, religion, sex, national origin, age, disability, or an individual's status in any class protected by applicable federal, state or local law. Such conduct may constitute harassment when engaged in by a city employee in a position to influence employment decisions when: 1) Submission to such conduct is made either expressly or implicitly a condition of the recipient's continued employment. 2) Submission to or rejection of such conduct by the recipient is used as the basis for repeated and unwelcome physical, written, or spoken conduct by either a supervisor or any fellow employee that substantially interferes with an individual' work performance. 3) The creation of what a reasonable person could consider an intimidating, hostile, abusive or offensive working environment. c. Any person harassed by an employee or non -employee in the work environment should promptly take the following steps: 1) The person should promptly and politely inform the offending party to immediately cease and desist from the objectionable activity. Failure to make such a request will not excuse the offending party for any unauthorized actions. Written notification to the offending party of the demand to cease is suggested, with a copy sent to the complaining employee's supervisor including all relevant details of the complaint and a copy sent to the Human Resources Director. The supervisor will make periodic inquiries to ensure offending actions have ceased. 2) If some adverse consequence might result from a direct confrontation, the complaining employee's supervisor should be immediately consulted. 24 3) If the offending party is the employee's supervisor, the complaining employee must notify the next available Supervisor, Department Head, or Director of Human Resources. d. Nothing in this section is intended to prevent any aggrieved employee from pursuing any complaint through another appropriate investigative authority or agency. e. Supervisory and management employees will continually work to discover and eliminate unreported instances of harassment. They will strive to create a non -hostile work environment for all employees. f. Nothing in this section will be construed to restrict supervisors from their appropriate administration of supervisory duties such as dissemination of counseling, discipline, and work assignments. g. Complaints of harassment will be fully investigated by the Human Resources Director or his/her designee. h. Should a complaint be substantiated immediate and effective corrective action will then be taken. i. Follow up later with the victim to substantiate that the problem has in fact been remedied and that non -retaliation of harassment will be carefully observed. The city expressly prohibits any form of retaliatory action against any employee for filing a bona fide complaint under this policy or for assisting in a complaint investigation. Should any type of retaliation be identified under this section, the employee(s) will be subject to disciplinary action up to including dismissal. However, if after investigating any complaint of harassment or unlawful discrimination, the city determines that the complaint is not bona fide or that an employee has provided false information regarding the complaint, disciplinary action may be taken against the individual who filed the complaint or who gave the false statement up to and including termination. C4.4. Scope - This policy applies to all City employees, elected officials, volunteers, contractors, and applicants. It covers conduct that occurs in the workplace, at City -sponsored events, during work -related travel, or any other situation in which an employee is representing the city. C5 - SEXUAL HARASSMENT C5.1. Purpose - The City of Sebastian is committed to maintaining a workplace free from sexual harassment. This policy outlines our zero -tolerance stance toward sexual harassment and provides procedures for reporting and addressing such behavior. C5.2. Scope - This policy applies to all City employees, volunteers, elected officials, interns, contractors, and vendors. It covers conduct that occurs in the workplace, at City -sponsored events, during work -related travel, and in any setting connected to employment with the city. C5.3. Policy - Sexual harassment is strictly prohibited. The City will take prompt and appropriate action to prevent, correct, and if necessary, discipline behavior that violates this policy. All employees have the right to work in an environment free from unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of sexual nature. C5.4. Definition of Sexual Harassment - Sexual harassment includes, but is not limited to: a. Quid Pro Quo Harassment- When submission to or rejection of sexual advances or conduct is used as a condition of employment, promotion, or any other employment decision. 25 b. Hostile Work Environment — When unwelcome sexual conduct or comments create an intimidating, offensive, or hostile work environment that interferes with an employee's ability to perform their job. Examples include: 1) Unwelcome sexual advances or propositions. 2) Inappropriate touching, hugging, or physical contact. 3) Displaying sexually suggestive materials or images. 4) Sexual jokes, comments, or innuendos. 5) Repeated requests for dates or personal contact after refusal. 6) Verbal abuse of a sexual nature or gender -based insults. C5.5. Reporting Procedures a. Employees are encouraged to report incidents of sexual harassment promptly to their supervisor, manager, or the Human Resources Department. b. Reports can be made verbally or in writing. C5.6. Investigation Process a. Upon receiving a complaint, the City's Human Resources Director, Police Chief, and City Manager, will conduct a prompt and thorough investigation, ensuring confidentiality to the extent possible. The City Attorney will also receive a copy of the complaint. b. Both the complainant and the accused will have the opportunity to present information. c. A preliminary investigation will take place within two (2) working days of receiving the complaint. d. Human Resources shall pursue informal resolution of potential issues reported under this policy when the Human Resource Director, with the consent of the reporting party, believes such methods are reasonably likely to yield an appropriate result in accordance with this policy and applicable law. Notwithstanding the above, when the reporting party raises issues of harassment, certain immediate preventative measures generally are appropriate. Thus, for example, an individual making a good faith report of harassment may elect an immediate, temporary transfer to a position within the city at the same pay and benefits, to preclude further contact with the alleged harasser(s). e. If the report involves allegations of harassment, the Human Resource Director or designee will meet with the City Manager or designee to determine the appropriate measures to protect the rights of all parties involved. f. The investigation will be documented, and findings will be communicated to the involved parties within ten (10) working days. C5.7. Disciplinary Action a. If sexual harassment is substantiated, appropriate corrective action will be taken, up to and including termination of employment. b. Individuals found to have knowingly made false accusations will also be subject to discipline up to and including termination. C5.8. Protection against Retaliation a. The city prohibits retaliation against individuals who report sexual harassment or participate in investigations. b. Employees who experience or witness retaliation should report it immediately. C5.9. Training and Awareness a. The city will provide regular training to all employees on recognizing, preventing, and reporting sexual harassment. b. Supervisors and managers will receive additional training on handling complaints and maintaining a harassment -free workplace. C5.10. Accountability - All management and supervisory personal are strictly accountable for maintaining a suitable work environment in accordance with this policy and applicable law. Such accountability includes communicating this policy to all subordinates. All management and supervisory personnel are expected, and held accountable to take affirmative measures to prevent, recognize and correct any instances of discrimination or harassment. Management and Supervisory personnel will be subject to disciplinary action, including termination, for participating in, or failing to correct instances of discrimination or harassment. C5.11. Right to File Charges with State and Federal Agencies - Employees who feel they have been discriminated against have a legal right to file charges with federal, state and/or local agencies. Proceeding under this policy does not preclude filing a charge of discrimination or harassment with an outside agency. Specific time limitations apply to charges filed with outside agencies, and proceeding under this internal City policy does not stay these limitations, which generally start from the date of the alleged unlawful act. C5.12. New Employee Orientation - The Human Resources Department will give to each new employee during new employee orientation, a copy of the Harassment Policy and the approved Certification Memo for completion. The Certification memo will be distributed as follows: a. Original - Personnel File b. Copy- Employee C6 - SOLICIT/ENGAGE IN SEXUAL ACTIVITY OR CONDUCT C6.1. Policy- Employees will not solicit or engage in any type of sexual activity during working hours or on city premises. C7 - WORKPLACE VIOLENCE C7.1. Purpose - Identifying and preventing workplace incidents of actual or threatened violence is a top City priority. The city is committed to a coordinated and rapid response to these incidents. Violence or threat of violence is not permitted in City workplaces. Perpetrators/offenders will face serious disciplinary action, up to and including termination, (if employed by the city) and if applicable, criminal prosecution. C7.2. Policy - For the purpose of this policy, deadly weapons are defined as all firearms (i.e., handguns, rifles, etc.) For the purpose of this policy, regarding firearms, the City of Sebastian will follow the Florida Statute 790 Section 251. Explosive devices, knives, cutting utensils, clubs, brass knuckles, or other devices such as defensive mace, pepper spray canisters, stun guns, or other objects may be considered deadly weapons when exhibited, used, or threatened to be used in an offensive or aggressive manner in relation to the facts of a given situation. Weapons such as the above are not permitted in City vehicles, or brought into any City building unless possession/use is in accordance with job duties. 27 Desks, lockers (including lockers with privately owned locks), briefcases, purses, packages, and similar containers as well as City vehicles at a city facility are subject to search when the City has reasonable grounds to believe an employee may be in violation of this policy. Refusal to permit a search of property will constitute cause for disciplinary action including termination. The City of Sebastian may be constrained by the Fourth Amendment, which protects individuals from unreasonable searches, however if the City has probable cause, to search an employees vehicle, a warrant will be obtained. An exemption to the possession, use, or threat of use of a deadly weapon will be made only when possession or use of the weapon is a necessary and approved requirement of the job. Employees who witness or are aware of an act or threat of imminent violence or behavior which they regard as threatening or violent towards an employee or non -employee at a city facility, in a city vehicle, or among City employees will immediately contact the Sebastian Police Department, via radio or 911, and any available supervisor. The supervisor will immediately contact the Human Resources Director or his/her designee. If an act or threat is not imminent or if there is observed behavior which causes concern for potential violence in the future, employees will immediately contact their supervisor. Supervisors who are notified of an act or threat will contact the Human Resources Director as soon as possible. The Human Resources Director will act as the critical incident coordinator. The Human Resources Director or designee can be contacted at any time and is responsible for coordination of any needed City resources. (i.e., Employee Assistance Program, Employee benefits, legal counsel, etc.). C7.3. Supervisor Responsibility Supervisors will take appropriate immediate action to defuse violent or potentially violent situations and prevent their escalation. a. Supervisors should remove any person from the facility who makes a substantial threat, exhibits threatening behavior, or engages in violent acts as quickly as possible and instruct them to remain off the premises until the outcome of the investigation. b. Supervisors will separate involved persons and not allow a verbal altercation to escalate. If persons cannot be separated, supervisors will secure the area and contact the Police Department. c. If the offender is arrested, supervisors will complete all required documentation i.e., police incidents reports, etc. d. If the offender is a city employee, copies of all documentation will be forwarded to the Department of Human Resources Director who will advise the city manager of the incident. e. When the incident is under control, supervisors will take written statements, if possible, from all persons involved or witnessing the incident. f. Supervisors will evaluate each violent or potentially violent situation and complete a written report including their threat assessment as soon as possible after the incident. Completed reports will be distributed as soon as possible, as follows: 1. Original -Director of Human Resources 2. Copy- Employees Department Director 3. Copy -City Attorney 4. Copy- City Manager g. Once evaluated, an employee may be immediately suspended with pay and ordered not to return to the workplace until further advised if the incident is so serious that possible termination may be involved and/or continued presence of the employee at the workplace would not be appropriate given the altercation or particular circumstances. This action may be taken upon the employee's department director and Human Resources Director concurrence. 28 Most workplace altercations, including minor ones involving only verbal exchanges, justify appropriate disciplinary action through the use of the discipline policy. At any time during the review of an altercation, the Human Resources Director will be available for assistance upon request Other actions may include: re- assignment, restricted administrative assignment, arrest of involved persons, suspension or termination of the business relationship if the offender is not an employee No employee acting in good faith who reports a real or implied violent behavior act will be subject to retaliation by any employee. C8 - DOMESTIC VIOLENCE IN THE WORKPLACE C8.1. Procedures - Domestic violence case procedures will be handled in accordance with applicable law. The City of Sebastian will follow Florida Statute 741 Section 30. C8.2. Employee Assistance Program - The Employee Assistance Program (EAP) will be available for employees who are victims of domestic violence. See the City's Benefit Booklet for information. C8.3. Temporary restraining Order - Issuance of a temporary Restraining Order or Protective Order listing any City of Sebastian property as protected area must be reported immediately to the City Manager, Employee's Director, Police Chief, Human Resources Director and the City Attorney. C8.4. Retaliation - All directors will ensure that no employee will suffer employment retaliation due to the good faith reporting of a Temporary Restraining Order or Protective Order. C9 - BULLYING C9.1. Purpose - This policy establishes the City of Sebastian's commitment to providing a safe, respectful, and inclusive workplace where bullying behavior is not tolerated. It outlines expectations, defines bullying, and provides procedures for reporting and addressing incidents. C9.2. Scope - This policy applies to all employees, contractors, interns, and volunteers at all levels of the city. It covers workplace interactions and extends to work -related events, off -site activities, and digital communications. C9.3. Definition - Bullying is repeated, unreasonable behavior directed toward an individual or group that creates a risk to their health, safety, or well-being. Bullying may include, but not limited to: a. Verbal Abuse: Insults, threats, yelling, or derogatory remarks. b. Social exclusion: Deliberate isolation, spreading rumors, or undermining an individual's reputation. c. Physical intimidation: Aggressive gestures, blocking movement, or unwanted physical contact. d. Professional sabotage: Deliberately withholding resources, overloading with work, or setting unrealistic deadlines. e. Cyberbullying: Harassment or abuse through email, messaging platforms, or social media. C9.4. Policy - Bullying behavior, whether intentional or unintentional, is unacceptable and will not be tolerated. The City of Sebastian is committed to: a. Preventing bullying in the workplace. b. Ensuring all individuals are treated with dignity and respect. c. Providing a clear process for reporting and addressing bullying incidents. 29 C9.5. Responsibilities a. Management: 1) Promote a culture of respect and inclusion. 2) Address bullying reports promptly and impartially. 3) Implement corrective actions when necessary. b. Employees 1) Treat colleagues with respect and avoid engaging in bullying behaviors. 2) Report bullying incidents through appropriate channels. C9.6. Investigative Process a. Acknowledgement: Human Resources will acknowledge receipt of the complaint within a reasonable timeframe. b. Investigation: A thorough and impartial investigation will be conducted, maintaining confidentiality to the extent possible. c. Outcome: If bullying is substantiated, appropriate corrective actions will be taken, which may include: 1) Counseling or training. 2) Verbal or written warnings/disciplinary action 3) Suspension or termination of employment C9.7. Retaliated Process Retaliation against anyone who reports bullying or participates in an investigation is strictly prohibited. Any acts of retaliation will result in disciplinary action. C9.8. Education and Prevention Regular training will be provided to all employees to recognize, prevent and address bullying. Managers will receive additional training to handle bullying complaints effectively. C10 - SOCIAL MEDIA C10.1. Purpose — The City of Sebastian recognizes the importance of social media as a valuable tool forereaching a broad audience, sharing information, and engaging with members of the public. The City utilizes social media platforms to increase public awareness regarding city events, meetings, news, programs, services, policies, and accomplishments. Social media is also our best tool for disseminating immediate information in emergency situations. C10.2. Scope —Roles and Responsibility a. Roles — Authorized social media users include any City of Sebastian and Sebastian Police Department employee responsible for the use, administration, management, monitoring, and/or retention of social media, social media tools or websites, and /or social media content in the name of, or on behalf, of, the City of Sebastian and Sebastian Police Department. These administrators include the Communications and Social Media Coordinator, the MIS Manager, the City Manager, the Chief of Police, the Police Command Staff, and the Police Department Public Information Officer on duty. b. Responsibility — The Communications and Social Media Coordinator and the authorized social media users are responsible for upholding and monitoring all City of Sebastian social media accounts per this policy. They also ensure that the City of Sebastian adheres to public records laws as they apply to social media. 30 C10.3. Policy - a. Use - 1 . The Communications and Social Media Coordinator will administer the City of Sebastian and the Police Department's official social media accounts. These accounts provide information and transparency about policy information, City Council business, accomplishments, events, programs, news, updates, emergency alerts, and more. 2. The City of Sebastian's official social media pages will not be used for political lobbying, reporting criminal activity or emergencies, general advertising of third -party businesses, or promoting non -city or non -city sponsored events. b. Content - 1. Posts made by authorized social media users from the City of Sebastian's official accounts: Forms of acceptable posts made by an official account of the City of Sebastian in a text, photo, or video format include but are not limited to information about city programs, services, or events, a policy decision/outcome, meeting information, general information or history about the City, and alerts and/or notifications made on behalf of the Sebastian Police Department. 2. Comments and Responses: a) Comments/replies from the public on the City of Sebastian and the Sebastian Police Department posts are permitted. The administrators mentioned above will monitor them for inappropriate content. Some comments will automatically be hidden/removed if they include inappropriate language. b) Responses from the City of Sebastian's official accounts to comments/replies from the public will be warranted and given when a specific question is asked about a City of Sebastian/Police Department policy, program, service, or event, and there is a particular answer. In some cases, the page will respond to correct an inaccuracy when a discussion occurs among the public and there is misinformation about a city policy, program, service, or event. 3. Sharing/liking/following: The City of Sebastian reserves the right to like, follow, share, or re -post content from another social media account. A like, share, or re -post of content does not imply or signify an endorsement of that account. c. The City of Sebastian understands that social networking through social media platforms has become a popular method of communication in the workplace and among stakeholders and citizens. Employees who participate in using social media are doing so voluntarily, and as a City of Sebastian employee and elected official, should adhere to currentemployee policies. C10.4. Public Records and Archiving - The City of Sebastian adheres to the State of Florida Public Records Laws. To comply with these statutes, the City of Sebastian MIS department works to adhere to these laws through the archival of city social media pages. All official City of Sebastian social media accounts are archived. Any future official City of Sebastian accounts may be added at any time. Social media accounts are, by definition, searchable history feeds, but archiving is necessary to maintain records of removed content, edited content, and direct messages. C11 -PROMPTNESS C11.1. Policy - All employees are expected to report to work on time, prepared to begin their scheduled duties at the start of their shift. Excessive tardiness, unexcused absences, or failure to follow proper call -in 31 procedures disrupts operations and places an unfair burden on coworkers. Promptness is a key component of professional conduct and job performance. C11.2. Scope - This policy applies to all City employees, regardless of position or department. C11.3. Expectations for Promptness - a. Employees must arrive at their designated work location and be ready to begin work at their assigned start time. b. Employees are expected to observe scheduled break and lunch periods and to return to work promptly afterward. c. Repeated late arrivals, early departures, or extended breaks are considered tardiness and may result in disciplinary action. C11.4. Documentation - Supervisors will maintain attendance records to track tardiness and absenteeism. Patterns of lateness or absences may be addressed through counseling or disciplinary action in accordance with the City's disciplinary procedures. C11.5. Corrective Action a. Occasional, unavoidable lateness due to emergencies maybe excused at the supervisor's discretion. b. Chronic or unexcused tardiness may result in progressive disciplinary action, up to and including termination. c. Failure to report to work for three (3) consecutive days without proper notification shall be considered a voluntary resignation. d. The appearance of a pattern of tardiness. For example, the same days and time over a period of weeks may result in progressive disciplinary action, up to and including termination. C12 - ABSENT WITHOUT LEAVE (AWOLI C12.1. Policy - All employees are expected to be present for their scheduled work hours unless prior approval for leave has been obtained. Any employee who is absent without permission -meaning failure to report to work or leave the workplace without authorization -will be subject to disciplinary action, up to and including termination. The absence will be classified as unexcused. C12.2. Scope - This policy applies to all City employees, including full-time, part-time, temporary, and probationary staff. C12.3. Definition of Absent without Permission - An employee will be considered absent without permission when any of the following occurs: a. The employee does not report to work as scheduled and fails to obtain approval for the absence. b. The employee leaves the worksite during work hours without notifying and receiving authorization from a supervisor. c. The employee fails to return to work at the end of an approved break, lunch period, or leave. d. The employee's request for leave has been denied, yet the employee does not report for duty. 32 C12.4. Notification Requirements - Employees who are unable to report for duty must notify their immediate supervisor within one hour of their scheduled shift or as soon as possible if an emergency. a. Notification must include the reason for the absence and the expected date or time of return. b. Failure to properly notify a supervisor may result in classification as absent without permission. c. The initial absence must be a phone call. With permission, an email or text message directly to the supervisor or department designee would be acceptable. C12.5. Consequences a. Time missed due to being absent without permission will be recorded as Leave without Pay (LWOP) and will not be counted as authorized leave. b. An employee must clock into the payroll system. The employee must state their actual hours worked. c. Unapproved absences disrupt City operations and may result in progressive disciplinary action, including verbal or written warnings, suspension, or termination, depending on the frequency or severity of the offense. d. An employee who is absent without permission for three (3) consecutive workdays and fails to contact their supervisor shall be considered to have voluntarily resigned from City employment. C12.6. Documentation and Recordkeeping - Supervisors are required to document all incidents of unapproved absences, including the dates, times, and any attempts to contact the employee. Documentation must be forwarded to Human Resources Department for inclusion in the employee's personnel file. C12.7. Return to Work - Upon returning to work, the employee must provide an explanation for the absence. If applicable, supporting documentation (such as medical or emergency verification) may be required at the discretion of the supervisor or Human Resources. If absent 3 days or more, the employee must provide a doctors note. C13 - DRESS CODE AND PERSONAL APPEARANCE C13.1. Purpose - This policy establishes guidelines for appropriate workplace attire to ensure a professional, safe, and inclusive environment while considering the City of Sebastian's culture, role requirements, and industry standards. C13.2. Scope -This policy applies to all employees, contractors, interns, and volunteers during working hours or while representing the city at external events. C13.3. Policy - The city expects employees to dress in a manner that is professional, neat and appropriate for their role. The dress code promotes a positive image of the city to clients, stakeholders and the public. C13.4. Dress Code Guidelines a. General Expectations 1. No City Logo attire will be worn to a bar after hours. 2. Clothing should be clean, well -maintained, and appropriate for the workplace. 3. Employees are encouraged to dress in a way that aligns with their job responsibilities and work environment. 4. Personal grooming and hygiene are expected to be maintained. 5. Jewelry that does not project a positive business image shall not be worn while at work. Employeeswill not be reimbursed for any loss/damage to their jewelry. b. Acceptable Attire: Examples of acceptable attire include: 33 1. Business Professional: Suits, blazers, dress shirts, dress pants, skirts, and dresses. 2. Business Casual: Collared shirts, blouses, polo shirts, khakis, skorts, shorts, sneakers. 3. Casual Fridays: Jeans if clean and free of damage, along with casual tops that maintain professionalism 4. Wear clothing with your position in mind. Are customers involved? Do you work out-of- doors? There may be times when jeans are more appropriate because of the job being performed. c. Industry or Role -Specific Attire 1. Uniforms: Employees required to wear uniforms must ensure they are clean and presentable. 2. Safety Gear: Employees in roles requiring personal protective equipment (PPE), such as hard hats, safety vests, steel -toed shoes or gloves, must adhere to safety regulations. 3. Client -Facing Roles: Employees interacting with clients should maintain a higher level of professionalism in their attire. d. Prohibited Attire: The following are examples of inappropriate workplace attire: 1. Clothing with offensive language, graphics, or political statements. (Think, Would I wear this to visit my grandparents?) 2. Revealing attire, such as excessively short skirts, low-cut tops, or transparent clothing. 3. Torn or distressed clothing not suitable for the workplace. 4. Flip-flops, beachwear, or overly casual footwear (unless role -appropriate). C13.5. Accommodations The city recognizes and respects cultural, religious, and medical considerations related to dress and grooming. Employees requiring accommodations should contact Human Resources. C13.6. Enforcement a. Supervisors are responsible for ensuring employees adhere to the dress code policy. b. Employees who violate the policy may be asked to change into appropriate attire or leave the workplace to do so. c. Repeated violations may result in disciplinary action up to and including termination. C13.7. Work boots/Shoes - The city will provide those employees required to wear safety boots/shoes as part of their job function Two Hundred dollars ($200.00) per fiscal year, payable to the employee the first full pay period in October of each year. Any employee receiving this benefit will be required to wear the safety boots/shoes at all times while performing their city job functions. If an employee begins employment after the first full pay in October, the boot/shoe allowance will be prorated by $16.67 per month. Safety boots/shoes must meet the requirements as established by the department. The city will also pay, prorated, for the replacement of safety boots/shoes due to on-the-job damage caused as a result of an accident up to Two -Hundred dollars ($200.00). An incident report must accompany this request, which details how the damage occurred. The report must be signed by the employee's immediate supervisor before being submitted. If the damage was a result of the employee's negligence, the employee will pay the full cost of the replacement and may be subject to disciplinary action. If the employee provides medical documentation signed by an attending physician stating that they cannot wear safety boots/shoes due to a medical condition, they will not be required to wear the safety boots/shoes. The employee will also be exempt from the benefit provision as stated and will not receive the Two -hundred dollars ($200.00) annual disbursement for safety boots/shoes. 34 If the employee does not complete the six (6) month probationary period for any reason, the amount reimbursed for the work boots/shoes shall be deducted from the employee's last pay check which will reflect the actual expense incurred by the city for the purchase of the work boots/shoes. C13. S. Uniforms - The city shall provide and maintain uniforms to all employees who are required to wear them. Any employee assigned a uniform will be required to wear the uniform at all times while performing his or her job functions. The City uniform shall not be worn at any other time or for any other reason. The city may also provide standardized polo shirts or other selected articles of clothing to certain employees, as a means to easily recognize they work for the city or for other purposes the city deems beneficial. As such articles are the responsibility of the employee to maintain and are not required to be returned to the city. C13.9. Code Enforcement/Evidence Technician(s) - Employees in the position of Code Enforcement Officer and Evidence Technician will be reimbursed up to Forty-five dollars ($45.00) per month for regular full-time employees and up to Twenty-two dollars and fifty cents ($22.50) for part-time employees. Receipts are required to document the cleaning of the uniform. C14 - CONFLICT OF INTEREST C14.1. Purpose - The purpose of this policy is to ensure that all City employees perform their duties with integrity and impartiality, free from any actual or perceived conflicts between their personal interests and the interests of the City. This policy is designed to protect both the employee and the City from situations that could compromise objectivity, fairness, or public trust. C14.2. Policy Statement - Employees must avoid any situation in which personal, financial, or other outside interests could conflict --- or appear to conflict --- with their official duties and responsibilities. All employees are expected to act in the best interest of the city at all times and to avoid actions that could result in personal gain at the expense of the city or the public. C14.3. Scope - This policy applies to all City employees, elected officials, board and committee members, volunteers, and contractors acting on behalf of the City. C14.4. Definition of a Conflict of Interest - A conflict of interest occurs when an employee's personal interests -financial, family, or otherwise ---could influence, or appear to influence, their judgement, decisions, or actions in performing official duties. Examples include but are not limited to: a. Having a financial interest in a company that does business with the City. b. Accepting gifts, payments, services, or favors that could influence decision -making. c. Using one's position to secure special privileges or benefits for oneself, relatives or friends. d. Participating in decisions involving family members or close personal associates. e. Engaging in outside employment or activities that interfere with City duties or present a conflict. C14.5. Disclosure Requirements - Employees must promptly disclose any potential or actual conflict of interest to their immediate supervisor or the Human Resources Department. Supervisors are responsible for forwarding all disclosures to the City Manager of designee for review. If a conflict is identified, the employee may be required to remove themselves from related decisions or activities, or take other corrective measures as determined by management. 35 C14.6. Gifts and Gratuities - Employees may not solicit or accept any gift, favor, or item of value from individuals, vendors, or entities seeking to do business with the City. Nominal items such as promotional materials (e.g., pens, calendars, mugs) of insignificant value may be accepted if they do not influence decision - making. Any gift or offer that may appear improper must be reported immediately to a supervisor or Human Resources. In accordance with FL Statute 112.3148. C14.7. Violations - Failure to disclose or address a potential conflict of interest may result in disciplinary action, up to and including termination. In cases of willful misconduct, the matter may also be referred for legal review or prosecution under applicable laws. C15 - POLITICAL ACTIVITY C15.1. Policy - Nothing contained herein shall affect the rights of employees to hold membership in or support a political party, or vote as they so choose, provided attendance or activities are such that they cannot be construed to represent official City business. Employees shall not engage in any political activity during his or her hours of work with the City or at the expense of the City. City employees shall not wear City logo attire to political activities other than to vote at polling location. It is the intent of the city to maintain an impartial service, fair and equal treatment, and to avoid a conflict of interest. C16 - OUTSIDE EMPLOYMENT C16.1. Policy - This policy establishes guidelines for employees of The City of Sebastian who engage in employment outside their primary roles within the city. The objective is to ensure that any external employment does not conflict with the city's interests, compromise job performance, or create legal or ethical concerns. C16.2. Scope -This policy applies to all full-time employees of The City of Sebastian. C16.3. Purpose - Due to the knowledge, education, and expertise of many employees, employees may be permitted to work outside their official City capacity during their non-scheduled work hours with the approval of the Department Head, Human Resources Director, and the City Manager. All forms for outside employment shall be submitted by memo through the chain of command to the City Manager. The City Manager shall have the right to reject any request for outside employment if it is deemed to affect or be in conflict with their employment with the City. C16.4. Definition -The definition of Outside Employment also known as moonlighting, refers to any paid or unpaid work performed by an employee outside their duties at The City of Sebastian. This includes self- employment, consulting, freelancing, or working for another organization. C16.5. Approval Requirements -Any employee wishing to pursue outside employment must complete the Secondary Employment Application Form and notify their Department Head for approval. The request will state the type of employment and the hours of work, the name of the prospective employer and place of employment. C16.6. Conflict of Interest - No employee may have or hold any employment or contractual relationship with any business entity that is regulated by the City or would cause a continuing or frequent conflict of interest. 36 C16.7. Impact of Job Performance - Employees accepting outside employment under the terms of this policy shall make arrangements with the outside employer to be relieved from their outside employment duties if and when called by the City for emergency services. Every employee granted permission to engage in outside employment under this policy shall agree to and shall respond immediately to any emergency call to duty by the City whenever the Department Head or City Manager shall determine if their services are necessary. C16.8. Use of City Resources - No City of Sebastian equipment, facility, vehicle or property shall be used in performing any outside employment. C16.9. Compliance with Legal and Ethical Standards a. Employees performing outside employment will not do so under charge of the City of Sebastian. The City accepts no liability for employee services or misrepresentations of skills/knowledge/expertise made by an employee to gain service. b. No employee may use or attempt to use their official position to secure a special privilege, benefit or exemption for themselves or another person. c. No employee may disclose or use information not available to the general public and gained by reason of their official position for their personal benefit or for the personal benefit or another person or business entity. d. No employee may, acting in a private capacity, rent, lease or sell any realty, goods or services to their own agency. C16.10. Safety - Workers' Compensation - Employees who sustain injuries/illnesses while engaged in outside employment are ineligible to receive benefits underthe City Worker's Compensation Insurance. C17 - RELEASE OF INFORMATION C17.1. Information concerning subjects under discussion or consideration often change in content and meaning before becoming an accomplished fact. Release of such information before final decisions or disposition of the matter often causes misunderstanding and confusion. It is the intent of the city to ensure that all information released is true and accurate. Unless release of information is a normal part of their duties, employees shall direct such inquiries for information to their Department Head, City Clerk, or Appointing Attorney. C18 - SOLICITATION AND DISTRIBUTION C18.1. Contributions - Employee contributions to charitable organizations are voluntary. C18.2. Prohibited - The following are prohibited: a. Coercion of an employee to make contributions is prohibited. b. Employees are prohibited from conducting or promoting private business for gain during working time, within any City facility or using City property. c. Employees are prohibited from soliciting on behalf of distributing literature which tends to promote any organization, including any labor union, labor organization, or employee organization, including any labor union, labor organization, or employee organizations during working time or in any area where City work is performed, in accordance with Florida Statutes. 37 d. Employees are prohibited from displaying or affixing any literature, labels, messages, or bumper stickers on City property except as approved and directed by the Department Head or City Manager. C19 - USE OF CITY PROPERTY C19.1. Use of City Equipment - Employees shall not use City property, equipment, or vehicles except in the performance of official duty, nor shall they permit use of property, equipment or vehicles by an unauthorized person, either on or off duty. C19.2. Subject to Search - Offices, desks, file cabinets, lockers, planners, computers, vehicles, pagers, cell phones and all other facilities and equipment issued or assigned by the City are subject to search consistent with applicable law to collect and preserve evidence related to an administrative or criminal investigation or for supervisory inspection and oversight. Employees are hereby specifically informed that they have no expectation of privacy in regard to offices, desks, file cabinets, lockers, planners, computers, vehicles, pagers, cell phones, tablets, smart phones and all other facilities and equipment issued or assigned by the City. C19.3. Privacy - Employees do not have an expectation of privacy in any city facility or issued equipment even where the facility or equipment is secured by the employee's personally owned lock, password or other security device. C19.4. Employee Responsibility — Each employee who is provided City equipment, tools, supplies, or a vehicle shall exercise reasonable care in the safekeeping, use, and preservation of such City property and shall return the property in the same condition as the property was in when issued, except for normal wear and tear, upon separation from employment or upon request. Employees shall promptly report, in writing, to their supervisor the loss, damage, or unserviceable condition of City property assigned to the employee or under the employee's control. The immediate supervisor shall forward the report to the Department Head for appropriate action. C20 - MEMBERSHIPS IN ORGANIZATIONS C20.1. Policy - All employees have the right to join national, state, and local groups of their choice and the right to organize, within the City, for their mutual benefit, with the exception of such groups as have been declared by the Attorney General of the United States to be of a subversive nature or advocating the overthrow of the Government. C21 -GENERAL PROHIBITIONS C21.1. Policy — The following are prohibited by all Employees a. Employees are expected to conduct themselves in a manner which will not discredit the city, public officials, fellow employees, or themselves. b. Employees shall avoid conduct or speech that is contrary to good order and discipline. They shall treat each other with the utmost courtesy and respect. c. No employee shall make any false statement, certificate, mark, rating, or report concerning any test, certification or appointment made under the provisions of these rules or in any manner commit or attempt to commit any fraud preventing the impartial execution of these rules. 38 d. No employee shall, directly or indirectly, give, pay, offer, solicit, or accept any money, service, or other valuable consideration for any appointment, proposed appointment, promotion, or proposed promotion to, or any advantage in a position in the City. e. No employee shall deceive or obstruct any person in their right to examination, eligibility, certification or appointment under these rules, or furnish to any person any special or confidential information for the purpose of affecting the rights or prospects of any person with respect to employment with the City. f. No employee whose duties involve the use of a badge, card, or clothing insignia as evidence of authority or for identification shall permit such items to be used or worn by anyone who is not authorized to use or wear them, not permit them to be out of their possession without good cause or upon the approval of the Department Head. Such badges, cards, and insignia shall be used only in the performance of the official duties of the positions to which they are related. g. No employee shall bypass or refuse to follow the chain of authority on any grievance, complaint or other matter pertaining to their employment, except as provided in these Rules and Regulations or permitted bylaw. C22 - CORRESPONDENCE/COMMUNICATIONS C22.1. Information Dissemination - Employees will treat City of Sebastian official business as confidential. Official business information will be disseminated only to those it was intended for, or on a "need -to -know" basis per City of Sebastian procedures. Employees may remove or copy official records/reports only per City of Sebastian procedures and in compliance with Florida Statutes. C22.2. Personal Correspondence - Employees will not use City of Sebastian's stationery for private use and correspondence. C22.3. Official Correspondence - Employees receiving official communication will forward that communication without delay. Supervisors receiving written communication from their employee, directed to a higher authority will indicate acknowledgment of the content of the communication and then send it through the chain of command. C22.4. Long Distance Telephone Calls - Toll calls made from or long-distance calls charged to the city telephones must pertain to official business. Each department will adopt in their SOP Manual a procedure for toll calls or long-distance calls usage, to include supervisor authority, review of calls, accountability for calls, and remedies for abuse. C23 - WHISTLEBLOWER C23.1. Purpose - This policy establishes the City's commitment to maintaining an ethical workplace and protecting individuals who report unlawful, unethical, or improper conduct. It provides a framework for reporting concerns, ensuring confidentiality, and preventing retaliation. C23.2. Scope - This policy applies to all employees, contractors, interns, volunteers, and any other individuals associated with the city. C23.3. Policy - The city encourages employees and stakeholders to report any violations of laws, policies, or ethical standards. Retaliation against anyone who makes a good faith report is strictly prohibited. 39 C23.4. Reportable Concerns - The following types of misconduct should be reported: a. Fraud, theft, or financial irregularities. b. Violations of laws or regulations. c. Unsafe workplace practices. d. Discrimination, harassment, or other violations of workplace policies. e. Misuse of city resources. f. Any other unethical or improper conduct. C23.5. Reporting Process - Employees and stakeholders may report concerns through any of the following channels: a. Immediate Supervisor: Report concerns to your direct immediate supervisor unless they are involved in the misconduct. b. Human Resources Director/Department: Contact the Human Resources Director/Department directly. c. Anonymous Reporting: Submit an anonymous report to the City Manager. d. Reports should include specific details such as dates, times, individuals involved, and any evidence available. C23.6. Confidentiality - All reports will be treated with the highest level of confidentiality to the extent possible. The identity of whistleblowers will be protected, except where disclosure is required by law or necessary for the investigation. C23.7. Investigation Process - The following is the investigative process. a. Acknowledgment: The city will acknowledge receipt of the report within a reasonable amount of time. b. Assessment: The report will be assessed to determine its validity and scope. c. Investigation: A thorough, impartial investigation will be conducted by the appropriate team or external party. d. Resolution: If misconduct is confirmed, corrective actions will be taken, including disciplinary measures, policy changes, or legal action. C23.8. Protection Against Retaliation - Retaliation against whistleblowers is prohibited. Examples of retaliation include termination, demotion, harassment, or any adverse action taken as a result of reporting misconduct. Employees who believe they have faced retaliation should report it immediately to Human Resources. Individuals found to have retaliated against whistleblowers will face disciplinary action up to and including termination. C23.9. False Reporting - Reports made in bad faith or with malicious intent may result in disciplinary action. The policy protects only good -faith reports of genuine concerns. C23.10. Awareness and Training - Employees will receive training on this policy during onboarding and periodic refreshers to ensure awareness of reporting procedures and protections. C24 - EMPLOYEE TELEPHONE NUMBER AND ADDRESS C24.1. Notification of Employee Personal Changes - All employees must keep the city apprised of their current contact number, i.e.; cell phone, residence or pager. They must supply the number to their immediate Supervisor, and the Human Resources Department. 40 a. Employees changing their address and/or telephone number are required to submit a Change of Employee Information Form to their supervisor, and the Human Resources Department within 24 hours of the change. C24.2. Marital/Family Status Changes - Employees are required to submit the Change of Employee Information Form and support documentation notifying Human Resources and their immediate supervisor of a change in their name and/or marital status, or family status immediately upon returning to work subsequent to the change. a. In the event this is a qualifying event, employees have only 30 days to make any insurance changes or they will have to wait until open enrollment. (Qualifying Event- Marriage, Birth, Adoption, Divorce, Death, etc.) C25 - CITY OF SEBASTIAN ADDRESS C25.1. Policy - Except for official business, employees will not use the City's address as a personal mailing address, unless otherwise authorized. C26 - CONFLICTING ORDERS C26.1. Policy - Employees given a lawful directive in conflict with a prior order, directive, regulation, or standard operating procedure, will respectfully inform the supervisor issuing the order of the conflict. If the supervisor issuing the order does not alter or retract the conflicting order, the order will stand. The responsibility is with the supervisor. Employees obeying the conflicting order will not be held responsible. At an appropriate time, the employee will submit a report of the incident to a higher authority via the chain of command. C26.2. Scope - This policy applies to all City employees, regardless of department, position, or reporting structure. C26.3. Definition of Conflicting Orders - A conflicting order occurs when an employee receives two or more directives that are inconsistent with each other; contradict established City policies, procedures, or laws; or could not reasonably be completed without violating a previous instruction. C26.4. Procedure for Handling conflicting Orders - When an employee receives conflicting instructions, the following steps must be taken: a. Clarify the Conflict - Politely inform the supervisor(s) that conflicting instructions have been received; Provide details about the prior directive or policy that conflicts with the new instruction. b. See Direction - Request clarification from the current supervisor or chain of command. If the matter remains unresolved, the employee should contact the Department Director or Human Resources for guidance. c. Document the Issue - Employees should not refuse to follow an instruction solely based on personal disagreement unless it violates a law, regulation, or safety standard. Supervisors should not place employees in positions of conflicting authority or issue contradictory directives without coordination. d. Supervisory Responsibility - Supervisors are responsible for maintaining clear communication within their departments and ensuring that all instructions align with City policies and established priorities. When multiple supervisors are involved in directing the same employee, they must coordinate to prevent confusion or duplication of effort. 41 e. Protection from Retaliation - Employees who appropriately seek clarification about conflicting orders or report contradictions in good faith are protected from retaliation. Open communication regarding operational conflicts is encouraged and supported by management. C27 - INSUBORDINATION C27.1. Purpose - The purpose of this policy is to define and address insubordination in the workplace to ensure that all employees maintain a professional, respectful, and cooperative relationship with supervisor, managers, and colleagues. The City expects all employees to follow lawful and reasonable instructions and to conduct themselves in a manner that supports the effective operation of the City services. C27.2. Policy - Insubordination will not be tolerated. All employees are expected to comply with supervisor instructions, respect the chain of command, and perform assigned duties to the best of their ability. Failure to do so undermines authority, disrupts operations, and negatively affects the work environment. Acts of insubordination may result in disciplinary action, up to and including termination. C27.3. Scope - This policy applies to all City employees, regardless of position, department or employment status. C27.4. Definition of Insubordination - Insubordination is defined as the refusal or failure to obey a lawful and reasonable order from a supervisor or person in authority, or any disrespectful, defiant, or disobedient behavior that undermines supervisory authority. Examples include, but are not limited to: a. Refusing to perform a lawful and reasonable work assignment or directive. b. Arguing with, mocking, or showing open disrespect toward a supervisor. c. Ignoring or deliberately delaying compliance with instructions. d. Using abusive or threatening language toward a supervisor. e. Engaging in behavior that undermines authority or disrupts workplace harmony. C27.5. Expectations - Employees are expected to follow all lawful and reasonable instructions promptly and respectfully. If an employee believes an order is improper, unsafe, or violated a policy or law, they should report the concern through the appropriate channels such as Human Resources or the Department Director. C27.6. Distinction Between Misconduct and Insubordination - Not all disagreements or mistakes constitute insubordination. Employees may express disagreement or concern in a respectful manner without fear of retaliation. However, refusal to comply with a lawful directive after clarification may be considered insubordination. C27.7. Procedure for Handling Insubordination a. Documentation - Supervisors must document all incidents of insubordination, including the directive given, the employee's response, and any witnesses. b. Investigation - The supervisor, in coordination with Human Resources, will review the facts and determine whether the behavior constitutes insubordination. c. Serious acts of defiance, threats, or refusal to perform essential job duties may result in immediate termination. 42 C27.8. Employee Rights and Protections - Employees have the right to a fair investigation before disciplinary action is imposed. Employees will not be disciplined for refusing to carry out an order that would require them to perform an illegal act or create a serious and immediate safety hazard. C27.9. Supervisory Responsibility - Supervisors are expected to issue clear, reasonable, and lawful instructions. They should maintain professionalism, avoid issuing contradictory directives, and document all instances of employee noncompliance or defiance appropriately. C28 - DISTRACTION FROM DUTY C28.1. Policy - Employees are expected to give their full attention to assigned work duties during working hours. Activities or behaviors that interfere with job performance, distract others, or compromise safety and professionalism are prohibited (e.g., use of cell phone). The city promotes a work environment that encourages concentration, responsibility, and respect for the duties of all employees. C29 - DESTROYING OFFICIAL CITY DOCUMENTS C29.1. Purpose - The purpose of this policy is to establish clear guidelines for the handling, retention, and lawful destruction of official City documents and records. Proper management of records ensures transparency, accountability, and compliance with state and federal record retention laws. Unauthorized destruction of official City documents is strictly prohibited. C29.2. Policy - All official City documents, whether in paper or electronic form, are the property of the City of Sebastian. Employees are prohibited from destroying, altering, removing, or disposing of official records except in accordance with the City's records retention schedule and applicable laws. The destruction of City documents without authorization is a serious violation that may result in disciplinary action, up to and including termination and possible legal penalties. C29.3. Scope - This policy applies to all City employees, elected officials, volunteers, contractors, and any individuals responsible for creating, maintaining, or handling City records. C29.4. Definition of Official City Documents - For the purpose of this policy, official City documents include any record, file, correspondence, report, map, plan, photograph, digital record, or other material that is created or received by the City in the course of business; documents the organization, functions, policies, decisions, procedures, or activities of the City. This includes both physical and electronic formats (emails, PDFs, spreadsheets, text messages related to City business, etc.). C29.5. Authorized Destruction - City documents may only be destroyed in accordance with the City's approved records retention schedule and applicable state and federal laws. Before destroying any records, employees must verify that the retention period has expired; and the record is not subject to a pending audit, investigation, legal old, or public records request. Destruction must be approved and documented through the City Clerk's office. C29.6. Prohibited Actions - Employees are strictly prohibited from: a. Destroying, deleting, altering, or concealing records to prevent disclosure under public records laws. b. Shredding, erasing, or disposing of documents outside approved retention procedures. c. Removing official City records from the workplace without authorization. 43 d. Falsifying or tampering with any official City record. Any of these actions my constitute misconduct or, in some cases, a violation of law. C29.7. Retention and Records Management - Records classifications and retention requirements for public records held by local agencies are established by the Division of Library and Information Service of the Florida Department of State through the General Records Schedule GS10SL. Please note that not all individual records are covered by the General Records Schedule. For additional information or clarification regarding specific records, please contact the City Clerk's Office. The General Records Schedule GS1-SL may be reviewed here: httr)s.//fl les.flo ri dados.goWmed i a/709005/q s 1-sl-2023-fi na I-O.r)df The City of Sebastian has formally adopted the retention schedule through Resolution No. R-19-05. Public Records Exemptions - Public records exemptions are specific categories of information that are not subject to disclosure under public records or freedom of information laws. In Florida, there are approximately 800 to 1,100 statutory exemptions that limit public access to certain information. Any information that is exempt from disclosure should be carefully removed from the public record before it is released to a requestor. Examples of records that are exempt from the Public Records Law (Sec.119.071, F.S.), as may be amended, are as follows: a. Social Security numbers of all current and former agency employees; b. Medical records unless requested by a legal representative or court order; c. Home address, phone numbers, and photos of current or former Human Resource Directors, and information regarding their spouse or children; d. The home addresses, telephone numbers, social security numbers, and photographs of active or former law enforcement, fire, and code enforcement personnel and places of employment of the spouse and children; e. Information contained in e-mail or other documents pertaining to active criminal investigations; f. Bank account numbers and debit, charge, and credit card numbers, or any information that would identify or help locate a child who participates in government -sponsored recreation programs or camps or the parents or guardians of such child, including, but not limited to, the name, home address, telephone number, and Social Security numbers of such child. A public record that was prepared by the City or special counsel attorney or prepared at the attorneys express direction, that reflects the mental impression, conclusion, litigation strategy, or legal theory of the attorney, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings; g. Information or plans that can jeopardize the security of public buildings including construction plans, floor plans, and types of security systems; h. Data processing software obtained by the City of Dade City under licensing agreement that prohibits its disclosure and which software is a trade secret, as defined in s.812.081, and agency -produced data processing software that is sensitive; although the designation of agency -produced software as sensitive shall not prohibit the City of Dade City from sharing or exchanging with another public agency; and i. Audit work papers and notes, until such time as the audit if final. C29.8. Legal Holds - When the City is notified of pending or potential litigation, audit, or investigation, all relevant records must be preserved immediately. The City Attorney or City Clerk will issue a legal hold notice, 44 and all destruction of relevant records must cease until the hold is lifted. A violation of a legal hold constitutes serious misconduct. C29.9. Disciplinary Action - Any employee found to have willfully destroyed or altered official City documents in violation of this policy will be subject to disciplinary action, up to and including termination, and mayface civil or criminal penalties under applicable law. C30 - WORK STOPPAGE C30.1. Purpose - The purpose of this policy is to ensure the continuous and efficient delivery of public services by prohibiting work stoppages, strikes, slowdowns, or any other actions that disrupt City operations. The city has a responsibility to the public to maintain uninterrupted services, and employees are expected to perform their duties without interruption and interference. C30.2. Policy - Work stoppages of any kind by City employees are strictly prohibited. Employees shall not engage in, encourage, or participate in strikes, walkouts, slowdowns, or any other concerted activity that interferes with the normal operations of the City. Such actions compromise public safety, hinder service delivery, and violate the trust placed in public employees. Participation in the encouragement of any form of work stoppage will be considered a serious violation of City policy and may result in disciplinary action, up to and including termination. C30.3. Scope - This policy applies to all City employees, regardless of position, department, or employment status, including probationary, temporary, and part-time employees. C30.4. Definition of Work Stoppage - A work stoppage includes, but is not limited to: a. Strikes or refusal to perform assigned duties. b. Slowdowns, "sick-outs", or deliberate reduction in productivity. c. Walkouts or unapproved absences taken to protest or influence City policy. d. Any action or inaction intended to disrupt or interfere with City operations. C30.5. Employee Expectations - Employees are expected to report to work as scheduled and perform assigned duties. Employees shall use proper procedures to resolve grievances, complaints, or disagreements rather than engaging in disruptive conduct. If there are any concerns regarding workplace conditions or disputes, they should be directed through Human Resources, department management, or established grievance procedures. C30.6. Supervisory and Management Responsibilities - Supervisors must report any suspected or actual work stoppage activity immediately to the Department Director, City Manager and Human Resources. Supervisors should not retaliate against employees for voicing concerns through proper channels, but must take prompt action to address prohibited activities. Department Directors shall ensure that contingency plans are in place to maintain essential City operations if disruptions occur. C30.7. Prohibited Conduct - Employees are prohibited from: a. Participating in, encouraging, or promoting strikes, walkouts, or slowdowns. b. Refusing to perform assigned work as a form of protest. c. Obstructing or interfering with other employees who choose to work. 45 d. Disrupting City property, systems, or operations during working hours. C30.8 Disciplinary Action — Violation of this policy will result in disciplinary action, up to and including termination of employment. Employees who engage in work stoppages may also be subject to loss of pay for unworked time. The City reserves the right to pursue any remedies available under law, including civil action for damages resulting from unlawful disruption services. C30.9. Alternative Resolution — The City encourages employees to use existing grievance and communication procedures to express concerns or resolve disputes. The City is committed to maintaining open and respectful dialogue to prevent workplace issues from escalating. C31- CITY CELL PHONES AND LAPTOPS C31.1. Policy - This policy establishes guidelines for the proper use, maintenance, and care of city -issued electronic equipment, including cell phones, laptops, and other devices, to ensure their effective and secure utilization for official city business. C31.2. Scope - This policy applies to all employees, contractors, and authorized personnel who are issued city -owned electronic equipment. C31.3. Issuance of Electronic Equipment a. City -owned electronic equipment may be issued to personnel whose job responsibilities require such devices. b. The issuance must be approved by the employee's department head and coordinated with the MIS Department. C31.4. Acceptable Use a. City -issued electronic equipment is to be used primarily for official city business. b. Personal use is not permitted unless it is an emergency. If used personally and incurs additional costs, the employee will be responsible for the costs. c. Employees must comply with all applicable laws and city policies when using city -issued electronic equipment. C31.5. Prohibited Use a. Using city -issued electronic equipment for illegal activities, personal financial gain, or to access, download, or distribute inappropriate content is strictly prohibited. b. Employees must not use city -issued electronic equipment to engage in activities that could harm the city's reputation or operations. C31.6. Care and Maintenance a. Employees are responsible for the proper care and maintenance of city -issued electronic equipment. b. Equipment should be kept clean, stored securely, and protected from damage, loss, or theft. c. Any technical issues or damages must be reported immediately to the MIS Department for assessment and repair. C31.7. Security and Confidentiality a. Employees must safeguard city -issued electronic equipment against unauthorized access. b. Confidential city information accessed or stored on these devices must be protected in accordance with the city's data security policies. c. Employees must report any loss, theft, or unauthorized access of city -issued electronic equipment immediately to their supervisor and the MIS department. C31.8. Use While Driving a. Employees must comply with all state and local laws regarding the use of electronic devices while driving. b. The use of electronic devices for texting, emailing, or other activities that distract from driving is prohibited while operating a vehicle. c. Employees are encouraged to use hand -free options or safely park the vehicle before using an electronic device. C31.9. Return of Equipment a. Upon termination of employment or when city -issued electronic equipment is no longer required for job duties, employees must return the equipment to the MIS department in good working condition. C31.10. Monitoring and Compliance a. The city reserves the right to monitor the use of city -issued electronic equipment to ensure compliance with this policy. b. Employees have no expectation of privacy regarding the use of city -issued electronic equipment. c. Violations of this policy may result in disciplinary action, up to and including termination. C31.11. Personal Cell Phones a. Employees have the right to use their own personal cell phone for city use. However, employees may lose their phone in the event of an investigation. b. The city will not compensate employees while at work for the use of or damage to personal cell phones or other personal devices. c. Employees will not conduct personal business while working for the city. Use of the cell phone will be considered the same as use of city phone for personal business. C31.12. Violations of this Policy - Failure to comply with this policy may result in disciplinary action up to and including termination, depending on the severity of the violation. C32 - EMAIL C32.1. Policy - This policy establishes guidelines for the appropriate use of The City of Sebastian's email system to ensure effective communication, maintain security, and uphold professional standards. C32.2. Scope - This policy applies to all employees, contractors, interns, volunteers, and any individuals granted access to the city's email system. C32.3. Acceptable Use a. The city's email system is provided primarily for official business purposes. b. Limited personal use is permitted, provided it does not interfere with work responsibilities, incur additional costs, or violate any city's policies. C32.4. Prohibited Use a. Using the email system for illegal activities, personal financial gain, or to send offensive or discriminatory content is strictly prohibited. b. Employees must not use the email system to send unauthorized marketing materials, spam, or chain letters. C32.5. Email Security 47 a. Employees must use strong, unique passwords for their email accounts and keep them confidential. b. Be vigilant for phishing attempts and report any suspicious emails to the MIS department immediately. c. Do not open attachments or click on links from unknown or untrusted sources. C32.6. Confidentiality a. Do not transmit confidential or sensitive information via email without proper encryption. b. Ensure that emails are sent only to intended recipients to prevent unauthorized disclosure of information. c. City E-Mail will not be used for the transmission or storage of confidential information such as ongoing investigations, or medical records. Sensitive communications will continue to be delivered via more secure methods such as hand delivery and certified mail. C32.7. Email Etiquette a. Use professional language and tone in all email communications. b. Include clear and descriptive subject lines. c. Use an appropriate email signature that includes your name, position, and contact information. C32.8. Email Retention and Backup a. Follow the organization's data retention policy regarding the storage and deletion of emails. b. Regularly archive important emails as per city's guidelines. C32.9. Monitoring and Compliance a. The city reserves the right to monitor email usage to ensure compliance with this policy. b. City E-Mail is a public document and subject to disclosure in accordance with applicable public records law. c. Employees have no expectation of privacy when using the organization's email system. d. Violations of this policy may result in disciplinary action, up to and including termination of employment. C33 - EMPLOYEE STATEMENTS C33.1. Policy - To create a work environment promoting free expression and mutual idea exchanges, employees must be able to express their opinions and thoughts without fear of reprisal. City of Sebastian's policy allows employees to state their opinion concerning the City and its Policies, however they have the responsibility to be truthful and reasonable if making public comments. Employees will make every effort to resolve conflicts internally and notify their supervisor, Department Head or Human Resources Director of their concerns. C34 - CONDUCT UNBECOMING OF AN EMPLOYEE C34.1. Policy - Since the conduct of employees on or off the job may reflect directly on the City of Sebastian, employees should conduct themselves at all times in a manner which does not discredit, bring shame or disgrace, or tarnish the City's name. 48 C35 - SEEKING AND ACCEPTING GIFTS AND GRATUITIES C35.1. Purpose -The purpose of this policy is to maintain public trust and ensure that City employees conduct themselves in a manner that is impartial, ethical, and free from improper influence. C35.2. Policy- City employees shall not solicit, accept, or receive any gift, gratuity, favor, entertainment, loan, or any other item of monetary value from any individual, business, or organization that does business with, seeks to do business with, or is regulated by the city. Employees will not use their official position, identification badge, or credentials for personal gain nor will they use their association with the city to solicit any special treatment, gift, gratuity, or other benefit from any person or business establishment. Employees will not accept special treatment, gift, gratuity, or other benefits that they did not solicit, from any person or business establishment when it is given fully or partially due to their City association. Employees will immediately notify their supervisor of any offer or special treatment, gift, gratuity, or other benefit that they did not solicit, which is made in an effort to affect their official conduct. This policy does not prevent employees from receiving special treatment, gifts, gratuities, or other benefits that are available to the general public. Employees will not permit/authorize the use of their name, photograph, or official title identifying them as members of the City of Sebastian in connection with testimonials and advertisements, or a commodity, or commercial enterprise, or for any other personal reason without the approval of the City Manager. C35.3. Exceptions - There are several exceptions to this policy: a. Participation in events, meals, or training sessions that are City -sponsored or approved in advance by the City Manager/Department Director. b. Items of nominal value that are offered as a customary business courtesy, where refusal would not be practical. C35.4. Nominal Value Items - Items such as promotional pens, calendars, or other tokens of nominal value (generally less than $25.00) that are widely distributed may be accepted if refusal would cause offense or embarrassment, provided they do not create an appearance of impropriety. C35.5. Reporting Requirements - Employees who are offered a prohibited gift or gratuity must promptly report the offerto their Department Director or Human Resources. C35.6. Disciplinary Action - Violation of this policy may result in disciplinary action, up to and including termination of employment, and may also carry penalties under state or local law. C36 CIVIL SUITS C36.1. Purpose - The purpose of this policy is to provide clear guidelines for City employees who are named in, involved with, or become aware of civil suits arising from the performance of their official duties. This ensures protection of both the employee and the city while maintaining compliance with applicable laws. 49 C36.2. Policy - City employees are expected to conduct themselves in a professional and lawful manner at all times. If an employee becomes a party to a civil suit related to their employment with the City the following requirements apply. a. Employees will not presume to adjudicate any civil action/dispute or give legal advice in such matters. If applicable, employees may recommend persons to seek legal counsel. b. Employees involved in civil action will not use their city position as a means of forcing or intimidating persons with whom they are engaged in a legal controversy to settle the case in the employee's favor. c. Employees sued as a result of an incident arising out of their employment will immediately notify their supervisor, department head, Human Resources Director, City Manager and City Attorney. C36.3. Procedures - a. Notification Requirement - Employees must immediately notify their Department Director and the Human Resources Department if they are served with legal papers or become aware that they are named in a civil lawsuit connected to their city employment. A copy of the legal documents must be forwarded to the City Attorney's Office without delay. b. Representation - The City may provide legal representation to employees who are sued for actions taken in good faith while performing their official duties, in accordance with state law and City policy. The City will not provide representation or indemnification for acts of gross negligence, misconduct, fraud, or actions outside the scope of employment. c. Employee Cooperation - Employees must fully cooperate with the City Attorney's Office and any outside counsel assigned to their case. Employees must provide truthful and timely information relevant to the defense of the claim. C36.4. Personal Civil Suits - Civil suits unrelated to City employment (e.g., personal disputes, financial matters, or private business dealings) are the sole responsibility of the employee. The City will not provide legal assistance or indemnification in such matters. Employees must ensure that personal civil litigation does not interfere with their work responsibilities or create a conflict of interest with their city duties. C36.5. Disciplinary Action - Failure to promptly report a civil suit, cooperate with legal counsel or comply with this policy may result in disciplinary action, up to and including termination of employment. C37 - OFFICIAL REPORTS/TRUTHFULNESS C37.1. Employees will not make false statements in verbal or written communications on official matters. Employees will submit all needed reports on time and per City procedures. Written/oral reports will be truthful and complete. Employees will not knowingly enter or cause to be entered, any inaccurate, false, or improper information. C38 - PUBLIC RELATIONS AND CIVILIAN COMPLAINTS C38.1. Employees shall remember that they represent the City when serving the public. They shall conduct themselves so as to project a desirable image of the City. Employees will be courteous when dealing with the public, avoiding conduct that conveys disinterest and disrespect. C38.2. Employees will not deter another person from lodging complaints against any employee, but will take the appropriate action per the City policy. The employee shall immediately notify their supervisor who will inform the department head. The Department Head is responsible for reporting to the City Manager information that requires the City Manager's knowledge and/or involvement. Every City employee shall be 50 specifically charged with this responsibility as an inherent part of the duties and responsibilities of each position. This does not prevent a supervisor from attempting to defuse a situation or handle a misunderstanding at the lowest appropriate supervisory level. C39 - ALCOHOL ABUSE C39.1. Policy - The city recognizes alcoholism as an illness where an employee's consumption of an alcoholic beverage regularly interferes with the employee's job performance, health, or City image. The city recognizes alcoholism as a treatable illness. No social stigma should be attached to persons suffering from it. The City's concern is strictly limited to the effects of this illness upon the employee's health, job performance, and community's image of the City. C39.2. EAP - Employees who believe they may have an alcoholism problem, even in its early stage, will be encouraged to seek diagnosis and treatment with the assistance of the Employee Assistance Program (EAP). The EAP provides confidential assistance to employees in solving personal difficulties and dealing with their particular problems. Any meeting attended by the employee will be on the employee's personal time. Employees seeking help for alcohol abuse problems will not have their job security or promotional opportunities jeopardized solely by their request for diagnosis and treatment. (See Section P4 - Insurance Benefits) C39.3. Responsibilities a. Supervisor's Responsibilities: Supervisors observing an unsatisfactory job performance, attendance, behavior, or poor health from their employee that they reasonably believe to be the result of alcoholism, will contact the Department Head and the Human Resources Director. b. Employee's Responsibilities: Employees are responsible for complying with referral requests and cooperating with prescribed therapy. Employees refusing to accept diagnosis and treatment, or who is unable to respond to treatment, will be disciplined per policy if their job performance remains unsatisfactory. c. Employee Self Help: Nothing contained in this policy will be construed to prevent employees from seeking help on their own before the development of any job -related problems. C39.4. Confidentiality - Employee Assistance will maintain records confidentially regarding employees affected with alcoholism. C40 - TOBACCONAPING USEXESSATION OPPORTUNITIES C40.1. Policy - The City of Sebastian is continually striving to improve working conditions and to protect the health of its employees and the general public in the use of City property. In accordance with the Florida Clean In -door Air Act, the City will provide a healthy, comfortable and safe environment in all respects by prohibiting smoking and vaping in all buildings and automotive vehicles that are occupied by employee(s) of the City. C40.2. Supervisor Responsibility and Discipline - Any supervisor who observes an employee in violation of this rule will remind the employee of the rule and its intent. Continued violation(s) will subject employees to corrective discipline up to and including termination. C40.3. Employee Responsibility - Any employee who notices a member of the general public not observing the no-smoking/vaping requirement should graciously inform the citizen of the City's rule on this subject. 51 C40.4. Smoking Cessation Opportunities _The City of Sebastian encourages all smoking/vaping employees to quit smoking/vaping. Our wellness programs offer a number of services for employees who want to quit. Smoking cessation information is also available at Tobaccofreeflorida.com or you can call 877-U CAN Now (877-822-6669). C41 - PATENT AGREEMENTS C41.1. Policy — a. It is the intent of the city to obtain patents on any of its inventions that might occur, to use any such patents for the City's benefit or through licensing agreements with other firms or agencies. The City also states its intention to avoid infringing on the patent right of others. b. Patent agreements shall be required from any employee who is in a position, because of a job currently or may be asked to perform in the future, to create or make new inventions, discoveries, or changes and for improvements that will be within the current or future scope of the City's business or service it may acquire or provide. This includes any ideas, discoveries, writings or improvements that result from an employee's work or on behalf of the city. c. Such ideas, discoveries, writings, or improvements which may be conceived, made, developed, or acquired either solely or jointly with others during an employee's employment, whether or not conceived, made, developed, or acquired on City time, are and shall immediately become and remain the sole and exclusive property of the City without charge to the City other than the employee's regular compensation. d. The employee shall grant and assign to the City any and all rights, title or interest now existing or that may hereafter come into existence throughout the world for any such developments. e. Employees shall maintain written records of such developments in accordance with City rules and shall promptly and fully disclose in writing all such developments to the City Manager, through their chain of command and shall at any time either during or subsequent to an employee's employment, upon request of the City without charge, execute, acknowledge and deliver to the City all instruments which the City may request to enable the City to file for, and to acquire, maintain and enforce all trademarks, service marks, registrations, copyrights, licenses and patents covering such developments. C42 - DESIGNEE AUTHORITY C42.1. Bulletin Boards - The various bulletin boards of the city, exclusive of union bulletin boards, are to be reserved for the posting of official notices and official activities of the city. Personal messages or business advertisements are prohibited, except by permission of the department head and Human Resources Director. C42.2. Business Cards - Authorized employees will use City of Sebastian business cards for official use. Approval for business cards will be as follows: a. City of Sebastian Funded Business Cards: Employees working in specialized areas may, with written approval from their department head, receive business cards. b. Business Card Text: The only approved text on City of Sebastian business cards is as follows: 1. Employee's title and name. 2. Department where assigned. 52 3. Department address, telephone number, cellular number, fax, and e-mail address. 4. The reverse of the card will indicate the Citizen Request phone number. C43 - EMPLOYEE SUGGESTIONS C43. 1. Purpose - The City of Sebastian values the creativity and innovative ideas of its employees. This policy establishes a structured Employee Suggestion Program (ESP) to encourage and reward constructive suggestions that enhance efficiency, reduce costs, improve safety, or contribute to the overall betterment of the city. C43.2. Scope - This policy applies to all employees of the City of Sebastian, including full-time, part-time and temporary staff. C43.3. Definition - A "suggestion" is a constructive idea aimed at improving methods, procedures, equipment, work conditions, safety, or reducing time and expenses. It must include a specific method for achieving the proposed improvement. C43.4. Policy — The City welcomes and values constructive suggestions from employees at all levels. Employees are encouraged to share ideas that promote better service to the public, enhance workplace safety, reduce costs, streamline procedures, or improve employee morale. All suggestions will be given fair consideration, and those adopted may be recognized by management. a. Eligibility 1. Eligible Employees: All active employees, except those specified in the exclusions section, are encouraged to participate in the ESP. 2. Eligible Suggestions: Suggestions should be original, practical, and result in tangible or intangible benefits to the city. Example include ideas that combine operations, create new methods, eliminate duplication, reduce costs, improve service, or enhance safety. b. Exclusions 1. Suggestions that are part of an employee's regular duties or can be implemented without higher -level approval. 2. Ideas resulting from assigned audits, surreys, reviews, or research. 3. Suggestions already under active consideration or previously submitted. 4. Proposals related to salaries, benefits, or employment classifications. 5. Suggestions mandated by existing laws or regulations. c. Submission Process 1. Employees must complete the City's Employee Suggestion Form and submit it to the Human Resources Department. (Contact Human Resources Department forform.0 2. The form should provide a clear description of the suggestion, its benefits, and an implementation plan. d. Evaluation Process 1. Upon receipt, HR will review the suggestion for eligibility and completeness. 2. Eligible suggestions will be forwarded to the appropriate department for evaluation. 3. Evaluators will assess the feasibility, potential benefits, and cost implications of the suggestion and provide feedback within thirty (30) days. e. Awards and Recognition 53 1. Adopted suggestions may qualify for monetary awards or other forms of recognition. Monetary awards are recommended by the Department Director, Human Resources Director, and Finance with the approval of the City Manager. 2. Non -cash awards, such as paid leave, may be granted for suggestions with intangible benefits. 3. All awards are subject to applicable taxes. C44 - OPEN DOOR POLICY C44.1. Policy - The policy is to encourage open communication between management and employees, allowing feedback and discussion about any matter of importance to the employee. Employees should feel free to talk. to any manager at any time. By helping to solve problems, managers benefit by gaining valuable insight into possible problems with existing methods, procedures and even approaches. While the City may not have an answer or solution to every concern, employees know they have an opportunity to be heard. C44.2. Employee Responsibility - Employees have the responsibility to address their concern with their supervisor or manager. Whether they have a problem, complaint, suggestion, or have an observation, the city would like to hear from the employees. By listening, the city is able to address complaints, and to foster employee understanding of the rationale for practices, processes, and decisions. Employees are encouraged to initially discuss their issues and complaints with the lower -level supervisors as your first effort in resolving a problem and to bring about solution or clarification. 54 SECTION D EMPLOYEE RECRUITMENT 55 SECTION D - EMPLOYEE RECRUITMENT D1.1. Purpose - This policy establishes guidelines for a fair, transparent, and consistent recruitment process to attract and hire the best talent while promoting diversity, equity, and inclusion in the workplace. The Human Resources Department is responsible for administering the recruitment process, posting, employment advertising, testing, and scheduling for open and promotional selection process. Individuals will be recruited from a geographic area as wide as is necessary to assure obtaining well qualified candidates for the various types of positions. The City Manager, City Clerk, and City Attorney positions recruitment and selection are at the direction of the City Council. D1.2. Scope - This policy applies to all recruitment and selection activities conducted by the city, including hiring for full-time, part-time, temporary, contract, and intern positions. D1.3. Policy -The City of Sebastian is committed to: a. Conducting recruitment in a manner that is ethical, transparent, and in compliance with applicable laws and regulations. b. Ensuring equal opportunity for all candidates, regardless of race, gender, age, religion, disability, sexual orientation, national origin, or other protected characteristics. c. Attracting highly qualified and diverse candidates to meet the city's current and future needs. D1.4. Recruitment Process a. Equal Opportunity and Non -Discrimination 1. The City of Sebastian adheres to Equal Employment Opportunity (EEO) laws and prohibits discrimination or bias in all recruitment practices. 2. Recruitment decisions will be based solely on merit, qualifications, and city needs. b. Filling Vacant Positions, Job Requisition and Approval 1. Authorization to start the hiring process requires the completion of a Personnel Requisition Form by the hiring department detailing the role's requirements, responsibilities, and budget. 2. The on-line Personnel Requisition, in Neogov, will be completed and distributed for approval to the appropriate Department Head(s), Human Resources Director, Finance Director and City Manager for approval. 3. Once approved, the position will be posted on Neogov. c. Job Posting 1. Vacancies will be posted internally for a minimum of 5 days to ensure accessibility to inhouse employees. Each vacant position shall be posted in accordance with applicable Collective Bargaining Agreements. 2. Job postings are posted via the City's Bulletin Board, City of Sebastian's website, government channel, and local newspaper (when applicable). 3. Internal postings and external advertising may be conducted simultaneously depending on the type of position such as an Entry level position or an Exempt position. 4. The starting and closing date for open positions will normally run 30 days. However, there are positions that will run continuously such as positions for volunteers, maintenance, part-time or until the position is filled. 56 5. The job description is attached to job postings and advertising. 6. Additional recruiting may be deemed necessary, such as advertising in newspapers, professional journals, or newsletters, etc. Such methods shall be used to bring notice of vacancies to as many qualified persons as possible. d. Candidate Sourcing 1. Candidates may be sourced through job/college boards, the city's careers page, employee referrals, job postings, professional organizations, and social medial platforms. 2. Internal candidates are encouraged to apply, and priority consideration will be given to eligible internal applicants where applicable. e. Selection Criteria 1. Candidates will be evaluated based on their qualifications, experience, skills, and alignment with the city's values and job requirements. 2. Selection methods may include, in addition to the application, resumes, cover letters, interviews, assessments, and reference checks. D1.5. Veteran's Preference - In accordance with the provisions of F.S. Chapter 295, veterans and spouses of veterans who meet certain criteria are eligible for preference in employment or promotion provided the veteran or spouse possesses the minimum qualifications of the position as outlined in the job description. Such preference does not preclude the hiring (outside hire) of a non -veteran who is more qualified than a veteran, however, in case of a promotion, a veteran who possesses the minimum qualifications of the position shall be promoted. The state and all political subdivisions of the state shall give preference in employment, promotions after being deployed and retention. (FS 295.07, 295.11) Individuals who qualify for this preference are as follows: a. A disabled veteran who has served on active duty in any branch of the U.S. Armed Forces, has received an honorable discharge, and has established the present existence of a service - connected disability that is compensable under public laws administered by the U.S. Department of Veterans Affairs; or who is receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the U.S. Department of Veterans Affairs and U.S. Department of Defense. b. The spouse of a person who has a total disability, permanent in nature, resulting from a service- connected disability and who, because of this disability, cannot qualify for employment, and the spouse of a person missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power. c. A wartime veteran as defined in s.1.01(14), who has served at least one day during a wartime period. Active duty for training may not be allowed for eligibility under this paragraph. d. The unremarried widow or widower of a veteran who died of a service -connected disability. e. The mother, father, legal guardian, or unremarried widow or widower of a member of the U.S. Armed Forces who died in the line of duty under combat -related conditions, as verified by the U.S. Department of Defense. f. A veteran as defined in s.1.01(14), F.S. Active duty for training may not be allowed for eligibility under this paragraph. g. A current member of any reserve component of the U.S. Armed Forces or Florida National Guard. Effective July 1, 2021 — To promote veteran employment, new state legislation authorizes state and political subdivisions to waive certain postsecondary educational requirements for employment for certain service 57 members and veterans. In addition to requiring each political subdivision to develop and implement a veterans' recruitment plan, it modifies point preferences given to veterans and their family members when a numerically based selection process is used for hiring. Veterans must have been honorably discharged as indicated on their DD214 to be eligible for preference. Eligible applicants who meet the requirements for the position are guaranteed preference at every step through -out the hiring process. Public entity employers who advertise for qualifying positions must make the applicant aware that preference is available. The employer must also provide the applicant with information as to what can be done if the veteran believes they were denied preference for employment, promotion or retention. Veterans' employment preference expires following employment/promotion in a position with any public employer in the State of Florida for which veterans' preference was utilized (i.e., Veterans' preference can only be used one time). To receive a veteran's preference, the applicant or employee must present a DD214 showing the veteran was honorably discharged. Veteran's preference does not apply to the following positions with the city: a. City Manager, City Attorney, City Clerk b. Department Heads/Directors c. Management positions as defined by F.S. Chapter 295 d. Policy -making positions as defined by F.S. Chapter 295 e. Temporary employees without benefits D1.6. Interviews -The interview process will be structured and consistent, with standardized questions, by both the Human Resources Department and the Department Head, to ensure fairness. D1.7. Competitive Examinations a. Competitive examinations shall be open to all who meet the requirements as listed on the public announcement or posting of the position. b. Examinations may include, but shall not be limited to written, oral, physical tests, performance tests, ratings for training, and experience or any combination of these. They may take into consideration such factors as education, training, experience, attitude, aptitude, knowledge, and/or physical fitness to the extent relevant to the position to be filled. c. Persons who take competitive promotional examinations shall be given notice as to whether or not they qualify on such examinations. An eligible person shall be advised of his/her score and relative position. D1.8. Administering Promotional Testing Process - The Human Resources Director or designee is responsible for administering the promotional testing process. Promotional testing processes are developed, administered, evaluated, and documented via Human Resources. The collective bargaining agreement will take precedence where applicable. 58 D1.9. Applying for In-house positions a. Employees must submit a completed In-house Application to the Human Resources Department before the closing date/time on the job posting. In some cases, such as Exempt positions, a regular application may need completed. b. A resume is not accepted in lieu of a completed application unless indicated on a job posting. c. Applications will not be received after the posted date. D1.10. Police Department Promotional Testing Process - The city will follow the promotional testing process per the collective bargaining agreement. D1.11. Reference and Background Checks a. All applicants must complete the Authorization for Background Check form that is included in the application. b. Finalists will be subject to reference and background checks, including verification of education, employment history, drivers' license, criminal history, certifications, and any other relevant information. c. Background checks will only be conducted with the candidate's consent and in compliance with legal requirements. D1.12. Offer of Employment a. Offers will be extended in writing, detailing the position, salary, benefits, and other terms of employment. b. Candidates must sign and return the offer letter to confirm acceptance. D1.13. Pre -employment Physical Examinations a. The City of Sebastian reserves the right to require any employee, at the City's expense, to have a medical examination by a doctor of the City's choice. b. Qualification standards shall be established for all positions. c. All offers of employment may be conditioned upon a medical examination. D1.14. Pre -employment Drug Testing - The City of Sebastian reserves the right to require any employee, at the City's expense, to have a medical examination by a doctor of the City's choice which may include, at the City of Sebastian's discretion, drug and controlled substance screening. One of the purposes of such medical examinations is to determine the use and/or abuse of controlled drugs or other substances. Medical examinations may also be used to determine the physical capabilities of the employee relative to the position held or applied for. D1.15. Onboarding a. New hires will participate in an onboarding program to familiarize them with the city's policies, culture, and expectations. b. New hires will complete all benefit forms. c. New hires will register in ADP for payroll purposes, go through Safety training which includes Bloodborne pathogens, Human Trafficking, and KnowBe4 (Computer Security Training). D1.16. Policy Violations - Any violation of this policy, including discriminatory practices or unauthorized hiring decisions, may result in disciplinary action up to and including termination. 59 D2 - FRATERNIZATION - Emvlovment of Relatives (Nepotism) D2.1. Purpose - This policy aims to promote fairness, impartiality, and transparency in hiring, promotion, and other workplace decisions. It ensures that personal relationships will not influence professional decisions. It ensures maintaining an equitable and productive work environment. D2.2. Scope - It applies to all employees, including full-time, part-time, temporary, and contract workers, as well as applicants for employment. D2.3. Policy - The city prohibits favoritism, bias, or preferential treatment in hiring, promoting, or supervising employees due to familial or personal relationships. Employees must disclose relationships that may create a conflict of interest or the appearance of favoritism. D2.4. Definitions a. Nepotism - Favoritism shown to relatives or close personal connections in employment -related decisions. b. Fraternization - Dating, pursuing, or engaging in a sexual or the appearance of a romantic relationship between a supervisor and subordinate c. Employee - Any individual currently employed by the City of Sebastian. d. Relative/Family Member - With regards to this policy only; any individual who is related to an employee as in: father, mother, son, daughter, brother, sister, grandmother, grandfather, uncle, aunt, first cousin, nephew, niece, husband, wife, domestic partners, father-in-law, mother-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, stepfather, stepmother, half-brother, half-sister, step - grandmother, step -grandfather or step -grandchild, or other family -type relationships. e. Other Relationship/Paramour - An employee who is engaged in a sexual or romantic relationship with another employee. f. Supervisor/Supervisory Rank - Any employee, certified or non -certified, who has been delegated with the authority and responsibility by the City of Sebastian to direct any activity of an individual, unit, squad, section, division, or bureau of the City of Sebastian's Departments including Field Training Officer(s) and their trainees, and assigned training personnel. A function including, but not limited to hiring, transferring, suspending, promoting, assigning, or, evaluating subordinate employees. D2.5. Employee/Relative Assignments - No person shall be considered for appointment or employment who is a relative of an employee of the City of Sebastian, who would thereby be either directly or indirectly under the supervision of, or who either directly or indirectly work together on any assignments. Under no circumstances will a member of a family be in a position where that person has the responsibility to recommend, select, influence, or otherwise advocate for the promotion or advancement of a relative or paramour. D2.6. Management Responsibility - All supervisors and the affected employee(s) shall immediately advise the City Manager in writing, of any paramour or spouse who is assigned within their chain of command. This would include situations where a relationship develops between employees as defined under "fraternization". D2.7. Marriage or Become a Relative of a City Employee - Should two employees of the City of Sebastian marry or become relatives within the definition of this section and become subject to the provision of this section, one employee shall be re -assigned to another organizational unit if an opening at or below the 60 employee's class exists, or the employee may resign from employment with the City of Sebastian. In determining which employee shall be reassigned to another organizational unit or resign, either party may volunteer or the choice may be made by the affected Department Head, Director, or Administrator based on the needs of the employer. Action to eliminate the conflict with the requirements of this section shall be accomplished within thirty (30) days from the date the employee(s) become subject to these provisions. D2.8. Human Resources Department Responsibility - The Human Resources Director and with the approval of the City Manager, in carrying out the anti -nepotism policy set forth in these rules, may transfer any City employee. Whenever possible, such transfer shall not reduce the salary or pay grade of any transferred employee and the transfer shall be to a position of the same or similar classification unless otherwise agreed to by the transferred employee. D2.9. Employee Relationships - In order to promote the efficient and effective operation of the City of Sebastian and to avoid misunderstanding, complaints of favoritism, and other problems of supervision, security, morale, and possible claims of harassment, sexual harassment, discrimination, or hostile work environment; supervisors are forbidden from dating or pursuing sexual or romantic relationships with employees they supervise directly or through subordinate supervisors. D2.10. Disciplinary Action - No member shall circumvent or attempt to circumvent, the intent or spirit of this policy. Any member who violates this policy will be subject to disciplinary action of up to and including termination as defined under the guidelines of the Policy and Procedure Manual, and/or the General Order of the City of Sebastian's Police Department. 61 SECTION E EMPLOYEE PROBATIONARY PERIOD 62 SECTION E - EMPLOYEE PROBATIONARY PERIOD E1.1. Purpose - This policy establishes guidelines for the probationary period to evaluate the performance, suitability, and alignment of new hires or promoted employees with the City of Sebastian's expectations and culture. E1.2. Probationary Period for a New Employee - The probationary period shall be considered an integral part of the examination process for employees (temporary, part-time, and full-time), and shall be utilized for the evaluation of an employee's performance and adaptability to a new position. It is also to reject any employee who does not meet the desired standards of performance. a. New Employee Probationary Period - New employees shall serve a probationary period of six (6) months unless the position is a 911 Dispatcher or Police Officer where the probationary period is one (1) year. The probationary period is to give the new employee an opportunity to demonstrate their ability to perform the duties of the position. The city may extend the probationary period for up to an additional six (6) months beyond the probation date in order to allow the new employee the opportunity to correct deficiencies in performance. b. Evaluation Periods - Performance evaluations will be conducted at the end of thirty (30) days and again after six (6) months for new hires then annually. Additional evaluations may take place if the new employee is not performing satisfactorily. Police Officers will be evaluated every two (2) months after the completion of the Field Training Program until they reach the end of their probationary status. c. Completion of Probationary Period 1. Evaluations Satisfactory and Above - After successful completion and evaluation of their probationary period, employees are considered regular employees in that position, with all privileges and benefits of that position. 2. Evaluations Less than Satisfactory - If at any time during the probationary period, the employee is found to be unqualified for the position or does not meet standards to perform the duties of the position, the new employee would be discharged. E2 - PROBATIONARY PERIOD FOR A PROMOTED EMPLOYEE E2.1. Purpose - The purpose of this policy is to establish guidelines for probationary periods applied to current employees who transition to new roles, receive promotions, or are subject to performance improvement plans. The probationary period allows the city to evaluate the employee's suitability for the new role and ensure alignment with performance expectations. E2.2. Scope - This policy applies to all promoted employees, as well as existing employees who are promoted or transferred to a new role, unless otherwise specified in their employment contract or agreement. E2.3. Policy -The probationary period is an initial evaluation period designed to assess: a. The employee's ability to perform the job responsibilities. b. Alignment with city's values, culture, and work ethic. c. Opportunities for training and development to ensure long-term success. 1. Duration of Probationary Period a) The standard probationary period for a promoted employee is six (6) months, unless otherwise specified. 63 b) The promoted employee or the employee in a new roll will be six (6) months then annually. c) The standard probationary period for an employee transitioning to a 911 Dispatcher position is one year unless otherwise specified. d) The standard probationary period for an employee transitioning to a Police Officer position is one year unless otherwise specified. e) Extensions may be granted at the discretion of the department head or management if additional time is needed to evaluate the employee's performance. 2. Expectations During Probation - All current employees subject to a probationary period will be provided clear performance expectations and regular feedback to support their success. The probationary period is not a guarantee of continued employment in new role and may result in reassignment, role adjustment, or termination if performance standards are not met. a) The duration of the probationary period will be communicated in writing to the employee before it begins. b) During the probationary period, the employee's performance will be evaluated based on tasks of the job description and: 1. Job knowledge and skills. 2. Quality and timeliness of work. 3. Adherence to city policies and procedures. 4. Communication, teamwork, and professionalism, etc. 5. Additional role -specific expectations will be outlined as applicable. c) Supervisors will provide regular feedback to employees during the probationary period, including: 1. Weekly or biweekly check -ins. 2. Mid -point and final reviews or performance. d) Completion of Probationary Period - Upon successful completion, the employee will be notified in writing, confirming their continuation in the new role without further probationary conditions. e) Employment during the probationary period remains at -will, meaning either the employee or the city may terminate the employment relationship at any time, with or without cause or notice. If performance expectations are not met, management may: 1. Extend the probationary period. 2. Reassign the employee to a previous or alternate role, if available. 3. Terminate employment, if necessary. f) All documentation related to the probationary period, including performance reviews and final decisions, will be maintained in the employee's personnel file. g) Any deviations from this policy must be approved by the Human Resources Director and City Manager. 1. Demonstrate competency in job -related skills and responsibilities. 2. Exhibit professionalism, collaboration, and alignment with city standards. 3. Actively participate in onboarding, training, and feedback sessions. 3. Performance Review and Feedback a) Supervisors will conduct regular check -ins with employees during the probationary period to provide feedback and address any challenges. b) A formal performance review will take place at the end of the probationary period to determine whether: 1. The employee will successfully transition to regular employment. 2. The probationary period will be extended. 64 3. Employment will be terminated due to unsatisfactory performance. 4. Outcome of Probationary Period a) Successful Completion - Upon successful completion of the probationary period, the employee's status will be confirmed as regular or permanent, as applicable. b) Extension 1. If additional time is needed to assess the employee's performance, the probationary period may be extended for up to thirty (30), sixty (60) or ninety (90) days. 2. The employee will receive written notice of the extension, including specific performance goals to be met during this period. c) Termination 1. If the employee's performance does not meet the required standards, employment may be terminated during or at the end of the probationary period. 2. Termination during probation will follow due process and applicable laws. 5. Rights and Benefits During Probation a) Employees on probation are entitled to the same workplace rights and benefits as other employees unless specified otherwise in their employment contract. b) Eligibility for certain benefits (e.g., paid leave or retirement plans) may begin after the successful completion of the probationary period, as outlined in the employment agreement. 65 SECTION F EMPLOYEE STATUS 66 SECTION F - EMPLOYEE STATUS F1.1. Policy - In Florida, employee classification as exempt or non-exempt is governed by the federal Fair Labor Standards Act (FLSA). This classification determines eligibility for overtime pay and adherence to minimum wage laws. F1.2. Definitions a. Full time Employees - Exempt - Employees exempt from FLSA provisions are typically salaried and not entitled to overtime pay. 1. Criteria for Exemption Status a) Salary Basis Test: The employee must receive a fixed salary, not subject to reductions based on work quality or quantity. b) Salary Level Test: The salary must meet or exceed a specified threshold. c) Duties Test: The employee's primary job duties must involve executive, administrative, or professional responsibilities. b. Full time Employees - Non -Exempt 1. Defined - Employees non-exempt under the FLSA are entitled to overtime pay for hours worked beyond forty (40) in a workweek. 2. Key Points: a) Must be paid at least the federal minimum wage. b) Overtime pay is at least 1.5 times the regular hourly rate. c. Part-time Employees 1. Part-time employees are employees whose bi-weekly work schedules do not exceed 58 hours. 2. Part-time regular employees are eligible to receive wage increases after six (6) months from date of hire. 3. Part-time employees do not receive Longevity. 4. Part-time employees are not eligible for health benefits. d. Temporary Employees 1. Defined -A temporary employee is hired to work for a limited period of time, typically to fill in for a permanent employee on leave, to support a short-term project, or to meet an immediate business need. Temporary employment usually has a predetermined end day; may be full time or part-time; and does not include benefits. e. Auxiliary - Person employed or appointed by the Sebastian Police Department, who may or may not have arrest powers, with or without compensation and who functions in a support capacity to prevent and detect crime. Auxiliaries may be used as a resource for routine police matters, emergencies and large-scale special events and are governed by Sebastian Police Department General Order #1901. f. Part-time Officer - is any person employed or appointed by the Police Department who has arrest powers who receives compensation for no more than 20 hours per week. g. Volunteers - Community Service Volunteer Program - The program is intended to develop volunteers for service within areas of the police department. The purpose of the program is to enhance the productivity of the police department in areas where volunteers are assigned. It is not intended to replace salaried personnel. Selection to the Program will be based on skills, and interests of the volunteer and the needs of the community, as well as the police department. The Program will be coordinated by one or more appointed volunteers, and will be supervised by the Community Service Program Lieutenant. 1. Volunteer Membership Criteria: The following are member requirements. 67 a) Willing to donate special skills/special equipment access for City of Sebastian, as deemed needed by the Volunteers. b) Must be at least 18 years of age and in physical condition to provide service safely and efficiently. 2. Code of Conduct: a) Volunteers will at all times conduct themselves in a way that will not discredit the City of Sebastian or any of its members. b) Volunteers will not become involved in any illegal activities/other activities that violate public trust. c) Volunteers will not request/incur any financial obligations on behalf of the City of Sebastian by their City activity. d) Volunteers will truthfully report their city activities properly and timely or if requested by the Volunteer Coordinator. e) Volunteers will not abuse their position, impersonate police powers, or other legal authority of the City. f) Volunteers will only function in the City under authority of the Volunteer Coordinator, Chief of Police or direct supervision of authorized employees. g) Volunteers will not wear City of Sebastian Police Department uniforms/insignias or any pa rt h) thereof unless by the authority of the Chief of Police or his designee. i) Volunteers will not possess firearms/other weapons when engaged in volunteer functions. j) Volunteers will understand services offered by volunteers are completely voluntary, and that the city offers no compensation. k) Volunteers will agree to hold the City of Sebastian and all members harmless from legal responsibility for injuries, loses, or damages incurred via their membership and activities with the City. 1) Except in emergencies, volunteers will follow the chain of command involving all volunteer business. m) Volunteers will not openly criticize, censure, or get involved in activities that would humiliate, degrade, or embarrass any volunteer member or the city. n) Volunteers will not use their position/credentials for personal gain, free admissions to attractions, or to avoid criminal/civil legal processes. F2 - SENIORITY/LAYOFF/RECALL F2.1. Policy - This policy defines how employee seniority is determined and how it is considered in decisions related to promotions, layoffs, job assignments, longevity, and other employment practices. F2.2. Definition - Seniority is the total continuous length of uninterrupted regular full-time or part-time employment of an employee by the City of Sebastian. Seniority is defined as the length of continuous service with the city and may be used in determining benefits, promotions, transfers. Layoffs, and other employment matters. a. Full-time and part-time employment seniority shall apply for the purposes of layoff, vacation computation, or other matters based upon length of service except for longevity. b. Part-time employment will not be calculated towards longevity. Longevity is a benefit for full-time employees only. 68 F3 - LOSS OF SENIORITY F3.1. Policy - This policy establishes the circumstances under which a city employee will lose accumulated seniority status. F3.2. Reasons for Loss of Seniority - An employee shall lose all accumulated seniority and be considered a new employee for all purposes if any of the following occur - Voluntary resignation; a. Retirement; b. Discharge; c. Layoff for a period exceeding twelve months; d. Absence from work without authorization; e. Failure to return from military leave within the time limit prescribed by law; f. Approved leave of absence without pay of more than twelve months. h. Any employee who is on an unpaid leave of absence of less than twelve months shall not accrue sick or vacation time, but they shall not lose seniority. Seniority accrual shall continue on the first day of the employee's return to work. F4 - WORKFORCE ADJUSTMENT AND LAYOFF F4.1. Purpose - The purpose of this policy is to establish fair, consistent, and transparent procedures for workforce adjustments, including layoffs, resulting from changes in City operations, budgetary constraints, organizational restructuring, or other circumstances requiring a reduction in staff. The city values its employees and will make every effort to minimize the impact of workforce adjustments while maintaining essential services to the community. F4.2. Policy - It is the policy of the city to maintain an efficient workforce that aligns with operational needs and available resources. When workforce reductions become necessary, the City will implement layoffs in a fair and equitable manner, consistent with applicable laws, regulations, collective bargaining agreements, and City policies. The city will consider alternatives to layoffs whenever possible, such as reassignment, attrition, reduced hours, or voluntary separation options. F4.3. Scope - This policy applies to all City employees, including full-time, part-time, and probationary employees. It does not apply to temporary or contract workers whose employment ends at the completion of their assignment. F4.4. Reassigning Duties a. The duties performed by any laid off employee may be reassigned to other employees already working who hold positions in appropriate classifications. b. No regular full-time employee shall be laid -off while a probationary, part-time, or temporary employee remains employed in the same job classification. F4.5. Bumping - Permanent, regular full-time employees who receive a notice of lay-off shall have the right, in accordance with their seniority, to transfer or downgrade (commonly known as "bumping") or to take the lay-off. Bumping shall be permitted in the event of lay-off in accordance with the following procedures: ., a. Management shall identify the position(s) that may be bumped within five (5) business days of the notice and explain the options to the affected employee(s). Position classifications that are available for bumping will only be for the same grade or less than the employee's current position. The employee must possess the minimum qualifications for that position, and have greater City seniority than the present occupant of that position. Affected employees shall have five (5) business days, from the date their options are explained, to notify management whether they desire to bump or take the lay-off. 1. If otherwise eligible, the bumped employee may then proceed himself in accordance with this process. 2. In the event that two or more affected employees have the exact same citywide seniority, the employee with the least classification seniority will be laid off first. If both employees have equal seniority, the employee who applied for the position first will retain the position. This will be determined by the time/date stamp issued by Human Resources on the employment application when it was first received. 3. An employee bumping to a different job classification shall be placed in a probationary period of six (6) months. If, in the opinion of the City, the employee cannot satisfactorily perform the duties of the position to which the member has bumped, the employee will be laid off without further bumping rights. 4. An employee bumping to a job classification which is lower than their present job classification will take a 3% per Grade not to exceed nine (9) percent reduction in pay. In no case will the employee be paid more than the maximum rate of the lower classification. b. Probationary employees shall have no bumping rights. An employee who is in a probationary status as of the date of notice of the lay-off, but who has previously achieved permanent status in a lower job classification, may revert to such lower classification for the purpose of exercising bumping rights. If the employee revers to the lower classification, their pay is adjusted to the pay they previously held prior to the promotion. c. Regular part-time employees may only bump other part-time employees. d. Exempt employees cannot bump into the bargaining unit unless they held a bargaining unit position within the past one year of the effective date of such layoff. F4.6. Recall - Recall of laid -off employees shall be made in accordance with City seniority. The process is as follows: a. Initial contact shall be attempted by phone. This shall be followed by a certified letter, return receipt requested, to the employee's last known address, to confirm the phone conversation and/or document that the recall notice has been provided. Laid -off employees who desire to be recalled shall keep the City continuously informed of their current mailing address, or lose their recall rights. b. Within three (3) business days after receipt of a notice of recall, recalled employees who desire to return to work must notify the City in writing to advise that they intend to return to work, or they will lose their recall rights. Recalled employees must return to work fit for duty within ten (10) calendar days of the receipt of a recall notice, or they will lose their recall rights. c. Employees who are laid off will be eligible for recall for one year of the effective date of such layoff for any position in the same or lower pay grade that they are qualified to perform. When an employee returns to a position of a lower pay grade, he or she will take a 3% reduction in pay per grade. In no 70 case will the salary be higher than the maximum rate of the new job or shall any reduction result in more than nine (9) percent decrease in pay. d. Benefits - Previously canceled group health insurance may be reinstated upon the employee's return to active duty consistent with the plan's requirements. In addition, any balances of accrued vacation or sick leave not previously paid will be reinstated and the accrual rate from the date of return to active duty will be at the accrual rate enjoyed at the date they were laid off. 71 SECTION G HOURS OF WORK 72 SECTION G - HOURS OF WORK G1.1. Policy - The policy outlines the standard working hours and overtime compensation practices for the City of Sebastian, ensuring compliance with federal and Florida state labor laws. G1.2. Scope- The policy applies to all employees including full-time, part-time and temporary staff. G1.3. Basic Work Week - a. Full-time Employees - The basic work week for regular full-time employees shall ordinarily consist of forty (40) hours per week, starting at 12:01 a.m. Sunday and ending at 12:00 midnight Saturday, unless otherwise specified or scheduled by the Department Head to meet particular requirements of an individual department. b. Regular Part-time Employees - The basic workweek for regular part-time employees shall consist of those hours they are required to work by their Department Head or his designee. The total number of hours should not be over twenty-nine (29) hours per week. G1.4. Meal Periods - Meal periods shall not be considered time worked. G1.5. Meal Breaks - Employees will be entitled to one (1) hour unpaid meal break. Meal breaks may not be at a set standard time. They will be based on work flow and are at the discretion of the Department Head or their designee. Meal breaks start from the time an employee stops work at the job site to the time they return to performing work. This includes any travel time. Employees will also be entitled to two (2) paid fifteen (15) minute work breaks, one in the morning and one in the afternoon. Breaks shall be taken at the job site or work area and does not permit travel. Breaks may not be at a set standard time. They will be based on work flow and at the discretion of the Department Head or their designee. Employees will be paid for an eight (8) hour day. In order to be entitled to the one (1) hour unpaid lunch, the employee must have worked four and a half (4.5) hours of their shift. G1.6. Hours of Operation - a. Administrative Employees: Administrative employee's hours of work are from 7:30 a.m. to 4:30 p.m. or 8:00 a.m. to 5:00 p.m. Monday through Friday. At the discretion of the employee's supervisor the hours of work may be changed as long as the hours worked total 8 hours and the department is functional for customers. b. Employees are not permitted to change their schedules without the authorization of employee's supervisor. c. Non -Administrative Employees: Non -administrative employee's starting and ending of shifts for each division shall be at the sole discretion of the Department Head or designee and not by any individual employee to accommodate the unpaid one (1) hour meal period. d. Breaks: The two (2) fifteen (15) minute work breaks will not be taken immediately before and/or immediately after the meal break, and it must be used or lost. It cannot be used to make up for late arrival or for leaving work early or to extend the lunch break. G1.7. Hours of Work - Communications Division - Police Department a. Breaks -Unit employees shall be entitled to one (30) minute meal break and two (2) fifteen (15) minute paid breaks per each eight (8) hour shift, to be taken at the discretion of their Department Head or designee. However, if the employee works a twelve (12) hour shift, they are entitled to one (1) thirty (30) minute meal break and three (3) fifteen (15) minute paid breaks. 73 b. Compensatory Time - The Communications Division will be allowed to earn comp time instead of overtime when earned as a result of their regular work schedule and comp time can be used to offset the hour shortages during the 40-hour work week. To conclude, comp time will be approved leave and will be considered time worked for overtime computation for the Communications Division only. c. Scheduled Hours - Any employee who works either regularly scheduled hours or overtime hours that fall between 6 P.M. and 6 A.M. shall be entitled to a shift differential equal to five percent (5%) of their regular hourly rate of base pay for each hour worked. d. Performing Training - A 911 Dispatcher who is performing training will be paid an extra $3.00 per hour for all hours they are actually providing in-house instruction and not on leave. e. On -Call - A 911 Dispatcher designated as required to be on -call will be paid $1.00 per hour for on -call hours, providing they are not otherwise paid call-back pay. G2 - CALL-OUT/DESIGNATED ON -CALL G2.1. Call -out - When an employee is called back to work after their normal workday, he or she shall receive a minimum of two (2) hours pay at the overtime or compensatory time accrual rate. The maximum travel time paid is 30 minutes. G2.2. Meeting Attendance - When an employee is assigned to attend a meeting or perform work immediately following or preceding their normal work day, the employee shall be entitled to a minimum of fifteen (15) minutes pay at the overtime or compensatory time accrual rate, if applicable, and shift differential if appropriate. Hours in excess of forty (40) hours per week will be paid at the overtime or compensatory time accrual rate of time and one-half (1 1/2) the employee's regular hourly rate of pay for non -salary employees. G2.3. Designated On -Call - (Excludes Communications 911 Department) - When the Department Head or their designee designates an employee to be on call, the employee must respond within one hour except in extenuating circumstances. The employee will receive $1.00 per hour for being on -call. G3 - ADVERSE WEATHER G3.1. Policy - The city will make a good faith effort to find work for employees when adverse weather conditions do not permit outside work. If no work is available, employees may use accrued vacation, personal, or compensatory time (if earned), to leave work for the remainder of the day. G4- TIME SHEETS AND LEAVE REQUESTS FOR EXEMPT EMPLOYEES G4.1. Policy - Exempt employees must obtain prior approval for all time off when 8 hours or more by using the Time Off Request in the payroll system. G4.2. Process a. An exempt employee's time shall be recorded in the City's payroll system. Employees must accurately reflect the actual hours worked that day. Do not automatically enter eight (8) hours. If an employee works less than four (4) hours a day, he or she must submit a Leave Request, through the payroll system, to their Department Head or City Manager and designate vacation, sick, other or flextime. For time periods of less than half a day or 4 hours, no Leave Request is necessary; however, a note should be added to the time sheet. Approval must be obtained from their Department Head or the City Manager. 74 b. Exempt employees will be paid for eighty (80) hours bi-weekly for normal workweeks, unless notified otherwise by their Department Head and/or the City Manager. G5 - OVERTIME G5.1. Policy - The City compensates eligible employees for hours worked beyond their regular work schedule in accordance with federal and state labor laws. Overtime must be approved in advance by the appropriate supervisor or Department Director. Overtime will be authorized only when it is in the interest of the Employer and isthe most practicable and economical way of meeting workloads or deadlines. G5.2. Payment of Overtime - All authorized and approved time worked in excess of forty (40) hours in any one work week is considered overtime worked and shall be either paid at the rate of one and one-half (1 1/2) times the hourly wage of the employee, or by compensatory time off at the rate of one and one-half (1-1/2) hours for each hour worked over forty (40) hours in any one work week. G5.3. Scheduling of Overtime - Department Head or their designee will have the right to schedule overtime based on the workload. Employees shall be required to work overtime when assigned unless excused only by the Department Head or their designee. Any employee who desires to be excused from an overtime assignment shall submit to their Department Head or their designee a written request to be excused. In the event that the Department Head or their designee cannot schedule a suitable overtime work force from the complement of employees who have not requested relief from overtime, employees who have approved written relief requests on file may also be required to work overtime. G5.4. Accrual of Overtime (Compensatory Time) a. Overtime Computation - For the purpose of overtime computation, time spent by an employee on personal leave, vacation leave, sick leave, funeral leave, jury leave, military leave or any other approved paid leave will be considered as time worked. Staff will be allowed to accrue time and a half overtime regardless of any sick, vacation, or personal time used during the week in which the overtime was earned. Employees may not accrue overtime until they exceed the number of Comp -time hours they have used within the same week. b. Unapproved Leave - Time spent on unapproved leave, administrative leave, unpaid administrative leave will not be considered as hours worked. Emergency closure hours will be considered time worked for the purpose of computing overtime. c. Unused Accrued Compensatory Time - If an employee has accrued earned overtime, he or she may elect, with the approval of the Department Head, to accrue compensatory time off rather than be paid for the overtime. Any unused accrued compensatory time balance is paid out in the last full pay period of the fiscal year. The last pay may not be in October, it may be the end of September. d. An employee may accrue up to the maximum of sixty (60) hours of compensatory time in any Fiscal Year. All compensatory time must be used in the same Fiscal Year it is earned (and prior to the last full pay period of the fiscal year) or the remaining balance of the unused compensatory time will be converted to the employee's current hourly rate of pay and added to their first pay check in October. e. Using Compensatory Time - Employees wishing to use accrued compensatory time off must follow the same procedures as an employee wishing to take vacation time. The employee must receive prior approval to use compensatory time off, except in emergency situations. The employee's Department Head shall attempt to accommodate the desires of the employee as to the time off desired, work schedule and conditions permitting. 75 G5.5. The Fair Labor Standards Act - FLSA states that unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a work week at a rate of time and one-half their regular rates of pay. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days. The Act applies on a work week basis. It need not coincide with the calendar week but may begin on any day and at any hour of the day. Different work weeks may be established for different employees or group of employees. G5.6. Emergency Closure - Emergency closure hours will be considered time worked for the purpose of computing overtime. G5.7. Leave without Pay Status - No employee will be placed in a 'leave without pay" status during the basic work week in order to deprive him or her of the right to earn compensable overtime. The employee may elect to flex time within the same (pay period), however, it is at the sole discretion of the Department Head or their designee. G5.8. Termination of Employment and Overtime - If an employee leaves the service of the City, he or she will be paid for all accrued compensatory time at the employee's current hourly rate of pay to a maximum of sixty (60) hours. G6 - PAY PLAN/PAY PERIODS G6.1. Pay Plan - Pay Plans are salary range schedules providing a minimum and maximum salary range for each existing classification. Pay rates are adjusted to conform to the salary range for the classification where the position is allocated. G6.2. Classification and Compensation Plan - The Classification and Compensation Plan shall be used to administer the established pay rates of the civilian employees. The Human Resources Director shall recommend to the City Manager and Finance Director any necessary amendments to the plan in the form of new classifications and the abolishment of classifications no longer required in the plan. The Plan will be reviewed annually and based on local, regional or in some cases national information, appropriate changes in the allocations to the Classification and Compensation Plan will be made. The City Manager is responsible for the approval of the plan. G6.3. Employee Job Classification Changes - If an employee changes job classifications, his/her job classification anniversary date will change, effective to the date of promotion or demotion. G6.4. Pay Grade Maximum - Employees receiving a pay rate/salary equal to the maximum rate for their classification will receive no further increases. However, they will receive a dollar amount in the form of a lump sum payment in conjunction with all employees with the approval of the City Manager. The lump sum will be based on the same percentage increase as all other employees. (For example, if the population receives three percent [30/6], the lump sum will be three percent DOOM). G6.5. Pay Periods - Payroll is computed bi-weekly, with employees receiving a pay check every two (2) weeks. If a payday is on a legal holiday, paychecks are distributed on the preceding workday, if possible. we SECTION H JOB CLASSIFICATIONS 77 SECTION H - JOB CLASSIFICATIONS H1.1. Purpose - This policy outlines the framework for the City of Sebastian's job classification system, ensuring consistency, fairness, and transparency in defining roles, responsibilities, and compensation across all positions. H1.2. Scope - This policy applies to all employees, including full-time, part-time, temporary and contract staff, and serves as the foundation for organizational structure, recruitment, performance evaluations, and compensation. H1.3. Objective - The job classification system aims to: a. Clearly define job responsibilities, qualifications, and expectations. b. Establish equitable compensation and benefits based on job roles. c. Support career progression and professional development d. Promote transparency in the city's structure. H1.4. Job Classification Framework -Jobs are classified based on the following criteria: a. Job Title: Descriptive and aligned with industry standards. b. Job Level: Classification into categories such as entry-level, mid -level, senior -level, or executive. c. Job Family: Grouping of related roles (e.g., administrative, technical, maintenance, managerial, etc.) d. Responsibilities: Key duties, tasks, and scope of authority. e. Qualifications: Education, experience, certifications, and skills required forthe role. f. Reporting Structure: Identification of supervisory relationships and team hierarchy. g. Complexity: Assessment of problem -solving, decision -making, and autonomy required. h. Impact: Contribution to organizational goals and outcomes. H1.5. Compensation and Benefits Alignment a. Job classifications will determine salary ranges, incentives, and benefits eligibility. b. Regular benchmarking against industry standards will ensure competitiveness. c. Pay equity across classifications will be monitored to prevent disparities. H1.6. Review and Maintenance a. Periodic Review: Job classifications will be reviewed periodically to ensure relevance and alignment with city changes. b. Position Audits: HR may conduct audits when roles evolve or new positions are created. c. Employee Requests: Employees may request a review of their job classification through their department head or Human Resources. H1.7. Responsibilities a. Human Resources - Responsible for designing, implementing, and maintaining the job classification system. b. Department Heads -Provide input on job descriptions and ensure accurate role documentation. c. Employees -Ensure roles and responsibilities align with job classifications and report discrepancies. 78 H1.8. Implementation Procedures a. Job Analysis: HR conducts an analysis of job expectations. b. Classification Assignment: Roles are assignec criteria. roles to document responsibilities, qualifications, and to appropriate classifications based on established c. Communication: Employees are informed of their job classifications and any related changes. d. Appeals Process: Employees may appeal classification decisions by submitting a request to their Department Head and to Human Resources with supporting documentation. H1.9. Non -Discrimination - The job classification system will adhere to principles of equity, diversity, and inclusion, ensuring no discrimination based on race, gender, age, disability or other protected classes. 1-11.10. Policy Compliance - Failure to comply with the job classification system, including misrepresentation of roles or responsibilities, may result in corrective actions. H2 - RECLASSIFICATION OF POSITIONS H2.1. Reclassification - Positions may be reclassified to a different classification if there are significant and permanent changes in actual job duties/responsibilities. An employee and/or department head may make the request. Requests for reclassification should be made during the formal budget process or through labor negotiations. H2.2. Wage Increases when Reclassifying - Employees reclassified to higher pay ranges are increased up to 6% or the new minimum of the pay range, whichever is greater. Employees with cases of overlapping pay ranges where the employee is at/above the reclassified position's minimum rate are increased at least 6% provided there is room in the new range. No employee's pay shall exceed the maximum range of any given pay grade. H2.3. Wage Decreases when Reclassifying - An employee who is reclassifying to a lower job classification will take a 3% per Grade, not to exceed nine percent (9%), reduction in pay. In no case will the employee be paid more than the maximum rate of the lower classification. H2.4. Review of Position Descriptions for Reclassifications - Human Resources will obtain the necessary information on the position and require the applicable employee to complete a Position Classification Questionnaire (PCQ). The employee's supervisor and chain of command must review the PQC before it is submitted. Human Resources on its own initiative or upon written request by a department will conduct a review of the position's duties and responsibilities. The Human Resources Director will conduct a market study for wages. Field studies or on -site audits may be conducted, if appropriate. If a field study or audit is conducted, Human Resources will notify the department director of the results. H3 - CREATING NEW CLASSIFICATIONS H3.1. New Classifications Process - Departments wanting to establish a new classification must submit a written request from their director to the Human Resources Director. The creation of new classifications should be accomplished through the formal budget process. There will be no action taken to fill any new position in the city until it has been approved by the City Manager. 79 H4 - TEMPORARY WORK IN HIGHER CLASSIFICATIONS H4.1. Working out of Classification Policy -There may be a need for an employee to work in an out -of -class position due to a vacancy, illness, vacation, etc. In an event such as this, management has the right to make a request to those employees who can perform the duties of the position. If no one volunteers, management has the right to mandate an employee to work out -of -class even if the work is overtime. If a vacancy exists in a higher classification, qualified employees may be directed to work in that classification on a temporary, incidental, or emergency basis. H4.2. Temporary Assignment Defined - A temporary assignment means filling -in for a vacancy or for an employee who is on vacation, ill, has incurred a job -related injury, on FMLA, in training or absent from work for any other legitimate reason. Temporary assignments must be for five (5) consecutive days or more. The employee who is working in the temporary higher job classification will receive a 6% increase in pay for all time worked while in that temporary classification. H4.3. Payment for Working in Higher Classification - When there is a critical need for an employee to work in a higher job classification, the employee will receive a 6% increase to their regular hourly rate of pay (or the minimum of the acting Grade) for each hour of work performed at the higher classification. H4.4. Temporary Supervisor or Exempt Reclassification - An employee may be assigned to a supervisor or exempt job classification for a temporary period. The affected employee working a period of five (5) consecutive workdays or more shall receive up to six percent (6%) increase to their regular hourly rate of pay. The employee will be entitled to receive the salary increase for all hours worked while in that temporary classification. H4.5. Procedure - Human Resources must be notified, in writing, when a temporary assignment is to start and end. An Employee Action Notice will be completed and signed by Human Resources Director, Department Director and City Manager. The employee's pay will return to their regular position's established pay rate at end of the assignment, for paid holidays, or other approved absences during the acting period. H4.6. Extension of Temporary Assignment - If assignments are for extended periods, the City Manager may authorize a temporary filling of that position, compensated at the vacant position's pay range. H5 - EMPLOYEE ACTION NOTICE (EAN) H5.1. Purpose - This policy establishes guidelines for the use of Employ Action Notice (EAN) forms at the City of Sebastian. The FAN form is a standardized document used to record and communicate any changes in an employee's status, position, compensation, or other employment -related matters. Proper utilization of EAN forms ensures accurate record -keeping, compliance with legal requirements, and effective internal communication. H5.2. Scope - The policy applies to all departments and employees involved in initiating, approving, processing, or managing employee status changes within the city. H5.3. Definition - Employee Action Notice Form - A formal document used to record any employment - related changes including but not limited to new hires, promotions, demotions, transfers, salary adjustments, leave of absence, and terminations. 80 H5.4. Procedure - a. Use of EAN Forms 1. An EAN form must be completed for any action that alters an employee's employment status, position, department, compensation, or other significant employment terms. 2. The form serves as an official record and must be accurately completed and approved before implementing the action. b. Types of Actions Requiring an EAN Form 1. New Hire or Rehire: Documenting the addition of a new employee or the return of a former employee. 2. Promotion: Recording an employee's advancement to a higher position or rank. 3. Demotion: Noting the reassignment of an employee to a lower position or rank. 4. Transfer: Recording the movement of an employee from one department or location to another. 5. Salary Adjustment: Documenting any changes to an employee's compensation, including raises or reductions. 6. Leave of Absence: Recording approved periods of absence, such as medical leave or personal leave. 7. Return from Leave: Noting the employee's return to workfollowing a leave of absence. 8. Status Change: Documenting changes in employment status, such as from part-time to full- time. 9. Termination: Recording the end of an employee's employment, whether voluntary or involuntary. c. Procedures 1. Initiation: The employee's immediate supervisor or department head must initiate the completion of the EAN Form by the Human Resources Department upon identifying the need for an employment action. 2. Completion: The Human Resources Department completes all relevant sections of the EAN form, providing detailed information about the employee and the nature of the action. 3. Approval: The completed form must be reviewed and approved by the appropriate Department Directors, Human Resources Director and the City Manager. 4. Submission: After obtaining the necessary approvals, the form must be submitted to Finance and Human Resources for processing. 5. Processing: Human Resources is responsible for updating the employee's records in the HR information system and ensuring that all relevant departments are made aware of the change. Finance will also process and update their employee records for payroll purposes. 6. Filing: The finalized EAN form must be filed in the employee's personnel file for record - keeping and compliance purposes. d. Timelines 1. EAN forms should be initiated and processes promptly to ensure timely implementation of the employment action. 2. For actions involving payroll changes, the form must be submitted to HR at least five (5) days before the payroll cutoff date to ensure accurate compensation adjustments. 81 e. Accuracy and Compliance 1. All information provided on the EAN form must be accurate and truthful 2. Falsification or omission of critical information may result in disciplinary action up to and including termination. 3. The use of EAN forms must comply with all applicable federal and state employment laws and regulations. 82 SECTION I PERFORMANCE EVALUATIONS 83 SECTION I - PERFORMANCE EVALUATON SYSTEM 11.1. Policy - The policy establishes a structured framework for conducting employee performance reviews, aiming to enhance individual performance, support professional development, and align employee contributions with city goals. The city is committed to providing regular, fair, and constructive performance evaluations. Performance reviews are designed to assess job performance, recognize achievements, identify areas for improvement, and set objectives for future growth. 11.2. Performance Review Guidelines - The guidelines are as follows: a. Performance evaluations for each employee shall be submitted once each year using a City of Sebastian performance evaluation form. b. Evaluations will be conducted at the end of thirty (30) days and six (6) months for new hires then annually. Additional evaluations may take place if the new employee is not performing satisfactorily. Police Officers will be evaluated every two (2) months after the completion of the Field Training Program until they reach the end of their probationary status. Employees in new roles will be evaluated after 6 months then annually. c. Employees shall be evaluated by their appropriate administrator/supervisor. d. Employees shall be given a minimum of three (3) workdays notice prior to the evaluation meeting. At the time of such performance evaluation, the employee's specific job duties, job description, and performance shall be reviewed by both the employee and the supervisor to discuss patterns of performance for the past year and expectations or recommended plans for improvement for the upcoming year. e. Each employee has the right to add written comments regarding the performance evaluation on the performance evaluation form, at the time of any review, and subsequently if any changes are made. f. The employee's signature on the performance evaluation form signifies that the performance evaluation has been reviewed with the employee, but does not signify that the employee agrees with the evaluation. g. The employee must sign all documents (i.e., Performance Reviews, Disciplinary Action, PIPs, etc.) that are placed in the employee's personnel file whether the employee agrees or disagrees with the document to signify the employee has seen and discussed said document. If the employee does not sign the document, they will be subject to disciplinary action up to and including termination. h. Each employee shall have the right to see any changes, deletions, or additions to the performance evaluation made by the immediate supervisor, superintendent, department hear, or director. Such changes shall be discussed with the employee. i. The employee shall be provided with a copy of the completed performance evaluation once it has been signed by all parties in the chain of command. j. The Performance evaluation shall be placed in the employee's official personnel file. Any performance evaluations, which are not in the official file, shall not be part of the official record of the employee in considering discipline or future performance evaluations. k. Employees have the right to review their official personnel file upon and with proper notification. k. Performance reviews will be conducted annually, with the option for additional reviews as needed. The review period will be communicated to all employees on their anniversary date of their current position. 84 12 - EVALUATION CRITERIA 12.1. Evaluation Criteria - Employees will be assessed based on: a. Knowledge of Work -This is the employee's expertise in the specific technical skills required for their role; the understanding of internal processes and procedures; and awareness of trends and developments. b. Productivity/Time Management - This is how the employee uses their time and resources to complete tasks; it is the amount of work produced relative to expectations and deadlines and the prioritizing and managing their workload; it is the employee's willingness and ability to work with others. c. Punctual - Being punctual means an employee consistently arrives at work, meetings, and assigned duties on time and is prepared to begin work at the designated start time. Punctuality reflects reliability, professionalism, and respect for workplace expectations, ensuring that operations run smoothly and that coworkers and the public can depend on the employee's timely presence and participation. d. Quality of Work - This is the correctness and precision of the employee's work; it is how well the employee pays attention to the small details of tasks; it is determining the consistency of high -quality output over time. e. Reliability - This is the employee's willingness to take initiative without being prompted; their ability to come up with new ideas and improvements; their flexibility in adapting to changes and new challenges. f. Attitude - This is how often the employee shows enthusiasm and energy in their work; how they handle setbacks and difficult situations --do they remain optimistic and solution -focused; it is their dedication to their job. It is how the employee takes their responsibilities seriously and go above and beyond when needed; how supportive they are towards their colleagues' ideas and efforts; how they receive and respond to constructive criticism; whether they focus on finding solutions rather than placing blame. It is the employee's choice of words and tone in interactions with others. g. Work Habits - This is the timeliness in arriving at work, starting tasks, and meeting deadlines; their ability to prioritize tasks effectively, focusing on what's most important; their track record in completing tasks on time; their ability to manage and track multiple tasks or projects simultaneously their attention to details in their work, minimizing errors and oversights. h. Judgment - This is the employee's ability to analyze situations and data; the ability to think creatively and develop innovative solutions; their judgment and the effectiveness of their decisions; their initiative in addressing issues before they escalate and seek improvements. i. Initiative - This is the employee's willingness to take initiative without being prompted; their ability to come up with new ideas and improvements; their flexibility in adapting to changes and new challenges. j. Communication - This is the employee's ability to convey information clearly and logically; how well the employee listens and understands others; their ability to communicate effectively with colleagues, managers, etc.; it is how they handle conflicts and contribute to a positive team dynamic; how they write correspondence. k. Safety - This is how consistently the employee follows established safety procedures and guidelines; their proper use of required Personal Protective Equipment (PPE) such as helmets, gloves, glasses, etc.; their ability to identify potential hazards and take appropriate measures to mitigate them; their knowledge of workplace safety regulations and standards; safety accidents/injuries throughout the year; completion of safety training and certifications. 85 I. Care of Equipment and/or Vehicles - This is how well the employee follows the operational guidelines for equipment and vehicles; how well the employee performs or schedules regular maintenance tasks as required; how well the employee keeps equipment and vehicles clean and orderly. It is the thoroughness and accuracy of their reports on equipment and vehicle conditions; their promptness in reporting any malfunctions, damage, or needed repairs; their care in handling equipment and vehicles to prevent damage. It is the employee completing all relevant training on equipment and vehicles; their sense of responsibility in taking care of city assets. m. Overall Performance - This is a list of goals and/or projects the employee completed or helped complete. It is how well the employee performed when completing the goals and/or projects and if the project and/or goal was completed on time. It is how they worked in a team when completing their goals or projects; valuate the quality of the employee's work. 13 - PERFORMANCE RATING FACTORS 13.1. Performance Rating Factors - Performance rating factors are essential for providing structured and consistent feedback during employee evaluations. The performance factors are defined on the performance evaluations form however, additional information is as follows: a. Unsatisfactory — Performance consistently fails to meet the minimum job requirements. The employee's work frequently contains errors, misses deadlines, or requires excessive supervision and correction. Characteristics 1. Fails to meet key job responsibilities and goals. 2. Demonstrates poor understanding of job tasks. 3. Frequently makes significant errors. 4. Requires constant supervision and guidance. 5. Often fails to adhere to city policies and procedures. 6. Displays a negative or unprofessional attitude. b. Needs Improvement — Performance occasionally meets job requirements but is inconsistent. The employee shows some competence but often falls short of expectations, needing improvement to meet standard job performance. Characteristics 1. Inconsistently meets job responsibilities and goals. 2. Demonstrates an adequate but incomplete understanding of job tasks. 3. Occasionally makes errors that impact work quality or deadlines. 4. Requires more supervision and guidance than expected for the role. 5. Sometimes adheres to city policies and procedures but needs reminders. 6. Attitude and approach can be inconsistent, affecting team morale or productivity. c. Satisfactory — Performance consistently meets job requirements. The employee completes tasks correctly and on time, showing adequate competence and reliability. Characteristics 1. Consistently meets job responsibilities and goals. 2. Demonstrates a good understanding of job tasks. 3. Makes occasional, minor errors but overall maintains good work quality. 4. Requires standard levels of supervision and guidance. 5. Adheres to city policies and procedures. 6. Maintains a positive and professional attitude, contributing to team goals. 86 d. Excellent - Performance often exceeds job requirements. The employee consistently delivers high - quality work, often going above and beyond expectations with minimal supervision. Characteristics 1. Frequently exceeds job responsibilities and goals. 2. Demonstrates strong understanding and mastery of job tasks. 3. Rarely makes errors and consistently produces high -quality work. 4. Requires minimal supervision and guidance. 5. Actively adheres to and often promotes company policies and procedures. 6. Maintains a positive attitude and often motivates and supports team members. e. Superior - Performance consistently exceeds job requirements to an exceptional degree. The employee is a top performer who demonstrates outstanding competence, initiative, and leadership. Characteristics 1. Consistently exceeds job responsibilities and goals to an exceptional level. 2. Demonstrates expert -level understanding and execution of job tasks. 3. Almost never makes errors, setting a benchmark for work quality. 4. Requires little to no supervision and often provides guidance to others. 5. Exemplifies and champions city policies and procedures. 6. Exhibits a highly positive and influential attitude, often leading and inspiring the team. 14 - POST -REVIEW 14.1. Post -Review Process - a. Documentation: Document the review and the action plan, and ensure it is signed by both parties. b. Follow -Up: Schedule regular check -ins to review progress on the action plan and provide ongoing support and feedback. 15 - OVERALL EVALUATION 15. 1. Overall Evaluation Process - There are five (5) ratings (Unsatisfactory to Superior) that represent the overall evaluation of the employee's performance. After the employee is reviewed on all 12 factors, select one overall rating. See above for definitions. In the event an employee receives an unsatisfactory or a needs improvement rating, a Performance Management Plan must be established. (See Exhibit 2) 15.2. Tips for Effective Evaluations a. Be Objective: Base your evaluation on observable behaviors and outcomes rather than personal opinions. b. Use Data: Support your evaluations with concrete data and examples. c. Seek Input: Gather feedback from peers, subordinates, and their stakeholders if applicable. d. Be Consistent: Apply the same criteria and standards to all employees to ensure fairness. e. Document Evidence: Keep detailed records of performance -related incidents and achievements throughout the review period. 16 - ACHIEVEMENTS OR ACCOMPLISHMENTS 16.1. Employee Achievements and/or Accomplishments - Describe any achievements or accomplishments of the employee since their last evaluation, or explain superior ratings. List any goals and objectives which the employee is striving to accomplish to achieve superior ratings. 87 a. Goal Achievement 1. Goal Alignment - Measure how well their goals align with organizational objectives. Evaluate their role and effectiveness in achieving team objectives. 2. Progress- Evaluate their progress toward meeting established goals. 3. Outcomes -Assess the outcomes and impact of their goal achievements. b. Professional/Technical Development 1. Learning and Growth: Review their commitment to professional/technical development and continuous learning. 2. Application of New Skills: Evaluate how they apply newly acquired skills to their work. 3. Feedback Reception: Assess how well they receive and act on feedback. c. Roles and Resaonsibilities 1. Human Resources (HR): a) Develops and updates the performance review policy. b) Provides training and support to managers and employees. c) Ensures compliance with the performance review schedule. 2. Department Directors/Managers/Superintendents a) Conduct performance evaluations for their direct reports. b) Provide constructive feedback and set future goals. c) Document the review process and outcomes. 3. Employees a) Participate actively in the review process. b) Engage in self -assessment and goal -setting. c) Implement feedback and work towards agreed -upon objectives. 17 - PERFORMANCE REVIEW PROCESS 17.1. Process of the Performance Review - The process of the Performance Review is as follows: a. Preparation - 1. Employees complete a self -assessment reflecting on their performance over the review period. 2. Managers gather performance data, including work quality, achievements, and any areas of concern. A formal meeting is scheduled between the manager and employee to discuss performance. 3. Discussion should include: a) Review of self -assessment and manager's evaluation. b) Recognition of accomplishments. c) Identification of areas for improvement. d) Setting of specific, measurable, attainable, relevant, and time -bound (SMART) goals for the next review period. b. Performance Evaluation 1. Evaluations are reviewed and approved via chain of command before the rating supervisor's consultation with the employee. Human Resources Director or designee reviews the evaluation form for completeness. In complete forms are returned to the applicable division for resubmission. 2. Performance Evaluation forms are maintained in the employee's official Personnel files located in either the Human Resources Department or the Police Department per Florida Statutes. 88 3. The immediate supervisor meets with employee to review their job performance during the rating period. 4. Employee signs the Performance Evaluation Form to signify acknowledgment of the evaluation's contents and a copy of the evaluation is received. Employees' signature does not signify agreement/disagreement with the evaluation content. 5. Employee may attach applicable written comments to their Performance Evaluations. c. Compensation and (Development 1. Performance reviews should be used to make decisions regarding promotions, salary adjustments, and professional development opportunities. 2. Outstanding performance may be rewarded through merit -based increases or bonuses, while areas needing improvement may lead to the development of Performance Improvement Plans (PIPS). d. Confidentiality - All performance review discussions and documents are confidential and will be shared only with individuals directly involved in the evaluation process unless there is a public records request. In the event of a public records request, redaction regulations will be followed. e. Contesting a Performance Evaluation 1. Only evaluations rated "Unsatisfactory" or "Needs Improvement" may be contested. Employees wanting to contest their Performance Evaluation may attach written documentation outlining their disagreement with the evaluation's content. 2. Original evaluation ratings/contents may or may not be amended by the Chain -of -Command with the approval of the Human Resources Director and City Manager. 3. Department directors make final recommendations on the evaluation. 4. A follow-up evaluation may be needed from the employee's supervisor to evaluate improvement in documented deficiencies. 18 - PERFORMANCE IMPROVEMENT PLAN 18.1. Purpose - The purpose of this policy is to provide a structured process for addressing employee performance deficiencies and supporting employees in achieving and maintaining satisfactory work performance. The Performance Improvement Plan (PIP) is designed to help employees understand performance expectations, identify areas needing improvement, and provide a clear path and timeframe for achieving success. 18.2. Policy - The City is committed to fostering employee development and maintaining high standards of performance. When an employee's job performance does not meet established expectations, a Performance Improvement Plan (PIP) may be implemented to assist the employee in meeting required performance standards. The PIP process is intended to be corrective and developmental rather than punitive, providing employees with an opportunity to improve through clear communication, feedback, and support. 18.3. Scope - The policy applies to all City employees, including full-time, part-time, and probationary employees. It does not apply to temporary or contract workers. 18.4. When a Performance Improvement Plan is Used - Supervisors should consult with Human Resources before initiating a PIP to ensure consistency and fairness. A PIP may be initiated when: a. An employee consistently fails to meet performance standards or goals. b. There are repeated errors, missed deadlines, or incomplete assignments. 89 c. Behavioral or conduct issues are affecting work quality or team productivity. d. A previous verbal orwritten warning has not resulted in improvement. 18.5. Components of a Performance Improvement Plan — Each PIP will include the following elements: a. Description of Performance Issue — A clear explanation of the specific performance problems or deficiencies, supported by documented examples. b. Performance Expectations — Detailed description of the performance standards or behaviors that must be achieved. c. Improvement Goals and Actions — Specific, measurable objectives that the employee must meet within the defined period; Action steps or resources provided by management to support the employee (e.g., training, mentoring, or workload adjustments). d. Timeline — A defined period of time improvement, generally 30 to 90 days, depending on the nature of the performance issue. e. Monitoring and Feedback — Scheduled check -ins between the employee and supervisor to discuss progress, challenges, and next steps. f. Consequences of Non -improvement — A statement outlining that failure to meet the plan's objectives within the specified period may result in further disciplinary action, up to and including termination. 18.6. Supervisor Responsibilities — Supervisors will work with Human Resources to prepare and implement the PIP. Supervisors are responsible for clearly communicating performance concerns and expectations, providing regular, constructive feedback and documenting progress meetings. Supervisors will offer guidance, coaching, and resources to support improvement efforts. They will ensure fairness, objectivity, and consistency in the process. 18.7. Employee Responsibilities — Employees are expected to actively participate in the improvement process and demonstrate a commitment to meeting outlined goals and performance expectations. They will seek clarification, training, or support when need and attend scheduled progress meetings and provide updates on their improvement efforts. 18.8. Evaluation and Completion — At the conclusion of the PIP period, the supervisor will evaluate the employee's progress and determine one of the following outcomes: a. Successful Completion — The employee has met or exceeded performance expectations and is removed from the PIP. b. Partial Improvement — Some progress has been made, but continued improvement is required; the PIP may be extended. c. Unsatisfactory Progress — Insufficient improvement has occurred; further disciplinary action, including termination, may betaken. 19 — ANNUAL INCREASES 19.1. Purpose — The purpose of this policy is to outline the procedures for administering annual wage increases, ensuring a fair and consistent approach that aligns employee compensation with performance, market standards, and the city's financial capabilities. 19.2. Scope — The policy applies to all full-time and part-time employees who have completed at least six months of continuous service. 19.3. Policy - The City of Sebastian is committed to recognizing and rewarding employee contributions through annual salary increases. These adjustments are determined based on individual performance, market competitiveness, and budgetary considerations, effective at the beginning of each fiscal year. 19.4. Guidelines a. Eligibility 1. Employees must have completed a minimum of six months of continuous service before the merit award date to qualify for an annual increase. 2. Employees at the maximum of their salary range may receive a lump -sum payment instead of a base salary increase. b. Performance -Based Increases 1. Salary increases are primarily merit -based, reflecting individual performance evaluations. 2. Performance rating will correspond to specific increase percentages, as defined in the annual compensation guidelines. c. Budget Considerations 1. The total budget for salary increases will be determined annually during the fiscal budget process, considering the city's financial health and market salary trends. 2. Department heads will recommend merit increases based on performance review, subject to approval by the Human Resources Director and the City Manager. d. Approval Process 1. Department Heads submit recommended increases to the Human Resources Director and the Finance Department. 2. The HR Director reviews recommendations for compliance with policy and the Finance Department reviews for budget constraints. 3. Final approval is obtained from the City Manager. e. Communication 1. Employees will be informed of their salary adjustments in writing, including the effective date and the rationale for the increase. 2. Department Heads or their designee are responsible for discussing performance evaluations and corresponding salary changes with their team members. f. Effective Date - Approved salary increases will take effect at the beginning of the fiscal year, unless otherwise specified. g. Documentation - All performance evaluations and salary adjustment records will be maintained in the employee's personnel file. 19.5. Exceptions - In the event of a union contract, the contract will take precedence. Any deviations from this policy require prior approval from the HR Director and City Manager. 19.6. Review - This policy will be reviewed annually to ensure alignment with city objectives and market practices. 110 - PROMOTION 110.1. Purpose - The purpose of this policy is to establish fair, consistent, and transparent guidelines for promoting employees within the City organization. Promotions recognize employees for their skills, experience, performance, and dedication, while ensuring that the most qualified individuals are placed in positions that support the City's operational goals and public service standards. 91 110.2. Policy - It is the policy of the City to promote qualified employees based on merit, demonstrated performance, experience, education, and the ability to assume greater responsibility. The city supports career development and strives to provide equal opportunity for advancement to all employees without regard to race, color, religion, sex, age, national origin, disability, or any other protected characteristic under law. All promotions will be made in accordance with the City's personnel policies, applicable collective bargaining agreements, and budgetary constraints. 110.3. Scope - This policy applies to all regular full-time and part-time employees. It does not apply to temporary, seasonal, or contract employees. 110.4. Promotion Defined - A promotion is defined as the advancement of an employee from one position to another that has a higher pay grade or salary range unless the pay grade and/or salary range is restructured due to increase in minimum wage or during annual budgets. The promotion involves increased responsibilities or supervisory duties; and reflects a higher level of skill, decision -making, or leadership. 110.5. Promotional Process - The City may announce promotional opportunities internally and/or externally as follows: a. Exempt positions may be posted internally and externally at the same time. b. Non -Exempt positions will be posted internally unless they are entry level positions. Entry level positions will be posted internally and externally at the same time. c. Interested employees must submit a resume attaching all documents in addition to completing the in- house application. d. Employees will be required to complete interviews, assignments, and/or testing. e. The most qualified candidate will be selected based on merit, qualifications, and performance history. 110.6. Non -Competitive (Direct) Promotion - In certain circumstances, such as department restructuring or demonstrated exceptional performance, the City Manager or Department Director may recommend an employee for direct promotion. All direct promotions require review and approval by the City Manager and Human Resources to ensure fairness and consistency. 110.7. Evaluation Factors for Promotion - When considering employees for promotion, the following factors will be evaluated: a. Job performance and work history. b. Attendance and dependability. c. Leadership potential and teamwork. d. Education, training, and professional certifications. e. Ability to handle additional responsibility. f. Seniority, where applicable, as a secondary consideration after merit and qualifications. 110.8. Salary Adjustments Following a Promotion - Employees promoted to a new position will be required to serve a minimum of three (3) months or ninety (90) days to demonstrate satisfactory performance in the new role. If the employee does not meet performance expectations during this period, the city may return the employee to their previous position (if available) or take other appropriate action. 110.9. Wage increases due to Promotion - When an employee is promoted to a higher -grade position, their rate of pay shall at least be the minimum of the acting Grade applicable to the position. If the employee's current salary is higher than the minimum rate for the position to which promotion is made, the employee shall receive a six percent (6%) increase in pay from their current rate of pay. Subject to the approval of the City Manager, a greater promotional increase may be recommended by the Department Director. When an employee is adjusted to a lower paid position (voluntary or through disciplinary action), they will take a three percent (3%) reduction in pay per Grade. In no case will the salary be higher than the maximum rate of the new job or shall any reduction result in more than a nine percent (9%) decrease in salary. The increase will take affect on the first Monday of a new pay period if possible. 110.10. Documentation and Approval -All promotions must be documented on the Employee Action Form (EAN). The EAN will be reviewed and approved by the Department Director, Human Resources, and authorized by the City Manager or designated appointing authority prior to implementation. 110.11. Equal Opportunity - Promotional opportunities will be provided on an equal basis to all qualified employees. The city strictly prohibits favoritism, discrimination, or retaliation in promotion decisions. 110.12. Communication of Promotions - Upon approval, Human Resources will issue written notice to the promoted employee, outlining the effective date, new title, salary, and any applicable probationary period. Department Directors may announce promotions internally to recognize employee achievement and foster morale. 111 -DEMOTION 111.1. Purpose - The purpose of the policy is to establish guidelines for the fair and consistent administration of employee demotions, ensuring that any changes in position or pay grade are managed transparently and equitably. 111.2. Scope - This policy applies to all city employees, including full-time, part-time, temporary and probationary staff. 111.3. Definition - A demotion is the reassignment of an employee to a position with a lower pay grade or reduced responsibilities. It can be voluntary which means the demotion is initiated at the employee's request, often for personal reasons or preference for a different role, or it can be involuntary which means it was initiated by the city due to factors such as inadequate performance, city restructuring, or disciplinary action. 111.4. Types of Demotions - The city may implement demotions to address performance issues, city changes, or at the employee's request. All demotions will be handled with respect and in compliance with applicable laws and city policies. If a bargaining unit is present, the contract will take precedence. a. Voluntary Demotion 1. Employee Request: Employees seeking a voluntary demotion must submit a written request to their Department Head, outlining the reasons for the request. 2. Approval Process: The Department Head, in consultation with the Human Resources Director, will review the request considering city needs and the employee's qualifications. Final approval is required by the City Manager. 93 b. Involuntary Demotion 1. Performance -Based Demotion a) Evaluation: If an employee's performance is unsatisfactory, the supervisor will document performance issues and provide feedback, including a Performance Improvement Plan (PIP) when appropriate. b) Decision: If performance does not improve, the city may demote the employee to a position that better matches their skills and abilities. 2. Disciplinary Demotion a) Investigation: In cases of misconduct or policy violations, an investigation will be conducted by the Human Resources Director following the city's disciplinary procedures. b) Decision: Based on the investigation's findings, the city may impose a demotion as a disciplinary measure. 111.5. City Restructuring - In situations such as layoffs or departmental changes, employees may be demoted to retain employment within the city. 111.6. Notification - Employees will receive written notice detailing the reasons for the demotion, the effective date, and any changes in compensation or responsibilities. 111.7. Compensation Adjustment for Voluntary or Involuntary Demotions - When an employee is adjusted to a lower paid position, they will take a 3% reduction in pay per pay grade. In no case will the salary be higher than the maximum rate of the new job or shall any reduction result in more than a nine percent (9%) decrease in salary. 111.8. Appeal Process a. Employees who believe a demotion decision is unjust may submit a written appeal to Human Resources Director within 5 workdays of receiving the demotion notice. b. The Human Resources Director will review the appeal, conduct any necessary investigations, and provide a written response within 15 work days. 111.9. Documentation - All documentation related to the demotion, including performance records, investigation findings, and correspondence, will be maintained in the employee's personnel file. 111.10. Confidentiality - All demotion proceedings will be handled confidentially, with information disclosed only to individuals directly involved in the process. 112 - TRANSFER 112.1. Purpose - The purpose of this policy is to provide fair and consistent guidelines for the transfer of employees within the city while ensuring that staffing needs are met efficiently. 112.2. Definition - A transfer is defined as the movement of an employee from one position, department, or location to another within the same classification or pay grade. Transfers do not typically result in a change of salary, benefits, or employment status. 94 112.3. Types of Transfers - An employee may be transferred between departments when a vacancy exists in the same classification and pay grade. Such a transfer does not affect the employee's pay grade, pay rate, or anniversary date, but is subject to the following conditions: a. Voluntary Transfer - Initiated by the employee through a request to Human Resources for consideration of another available position b. Involuntary Transfer - Initiated by management to meet organizational needs, such as staffing adjustments, department restructuring, or workload distribution. c. Permanent Transfer - This is a transfer that is reviewed by the Human Resources Director and approved by the City Manager. d. Temporary Transfer - Assignment of an employee to another department or position for a limited period of time to address operational needs. When there is a critical need for an employee to work in a higher job classification, the employee will receive a 6% increase to their regular hourly rate of pay (or the minimum of the acting Grade) whichever is greater for each hour of work performed at the higher classification. A temporary assignment means filling -in for a vacancy or for an employee who is on vacation, ill, has incurred a job -related injury, on FMLA, in training or absent from work for any other legitimate reason. Temporary assignments must be for three (3) consecutive days or more. The employee who is working in the temporary higher job classification will receive a 6% increase in pay for all time worked while in that temporary classification. 112.4. Probationary Period - The employee must serve a ninety (90) day probationary period in the new assigned department. 911 Dispatchers will serve a one (1) year probationary period. If at any time during the probationary period, the employee is found to be unqualified for the position or incompetent to perform the duties of the new position, they shall be returned to the position from which the transfer took place at their former rate of pay, if there is a vacancy. If no vacancy exists, the employee shall be laid off. 112.5. Out -of -Class Assignment - There may be a need for an employee to work in an out -of -class position due to a vacancy, illness, vacation, etc. In an event such as this, management has the right to make a request to those employees who can perform the duties of the position. If no one volunteers, management has the right to mandate an employee to work out -of -class even if the work is overtime. An employee working in such a capacity will receive a 6% increase for hours worked. a. Equipment Operators 1. Equipment Operators may work out -of -class if they are skilled and knowledgeable on heavy equipment. 2. The Equipment Schedule is as follows: a) Equipment Operator I - Operates all equipment except excavator, dozer, and long arm mower. b) Equipment Operator II - Operates all equipment except for excavator and dozer. c) Heavy Equipment Operator III/Lead -Operates all equipment. b. Groundskeepers 1. Groundskeepers may work out -of -class if they are skilled and knowledgeable on equipment or insecticides. 112.6. Supervisor or Exempt Job Classification -See H4.4. 95 SECTION J SEPARATION OF EMPLOYMENT Me SECTION J - SEPARATION OF EMPLOYMENT J1.1. Purpose - This policy outlines the procedures for employee resignations, retirement, and terminations, emphasizing the importance of providing advance notice to ensure a smooth transition and minimal disruption to city operations. J1.2. Scope -This policy applies to all employees, including full-time, part-time and temporary staff. J1.3. Policy - Employment at the City of Sebastian is at -will, meaning that either the employee or the employer may terminate the employment relationship at any time, with or without cause or notice, except as otherwise provided by law. There are a variety of different types of terminations: voluntary, involuntary, resignation, retirement, job abandonment, layoff and disciplinary. Please see M3.8 Vacation - Separation from Employment and M4.7 Sick Leave - Separation from Employment regarding a two -week notice and eligibility for payment of vacation and sick leave. J1.4. Resignations/Retirement Letters - All resignation and retirement letters are sent to the Human Resources Department J1.5. Notice Period a. Standard Notice - Employees are encouraged to submit a written resignation at least two weeks before their intended departure date. b. Shorter Notice - If an employee provides less than a two -week notice, the city will assess the situation on a case -by -case basis to determine the appropriate course of action. For example there could be a death in the family which requires the employee to resign immediately. However, this will affect the amount of vacation and sick leave, if applicable, the employee will receive. c. Resignation Submission 1. Written Resignation: Employees should provide a formal resignation letter to their immediate supervisor, clearly stating the intended last working day. 2. Acknowledgment: Supervisors will acknowledge receipt of the resignation inwriting and inform the Human Resources Department promptly. d. Deceased 1. Deceased employees will be processed as a resignation. 2. Earned wages and accruals are paid to the employee's designated beneficiary. The date of resignation is the date of death. 3. If employee was full-time and an active employee, all life insurance forms will be completed and submitted so designated beneficiary receives the life insurance. e. Layoff/Reduction in Force - A layoff is a termination due to city restructuring, economic downturns, or other business -related reasons not related to employee performance. J2 - EXIT INTERVIEW J2.1. Purpose - The purpose of this policy is to provide a structured process for gathering feedback from employees who are leaving the city. Exit interviews help identify strengths, areas for improvement, and trends that may assist in enhancing workplace culture, employee retention, and organizational effectiveness. 97 J2.2. Scope - This policy applies to all employees who voluntarily resign, retire, or otherwise separate from employment, except those terminated for cause. J2.3. Procedure - a. Scheduling - Human Resources will schedule an exit interview with the departing employee prior to their last day of employment, if possible. b. Format - Exit interviews may be conducted in person, virtually, or through a written survey, depending on the employee's preference. c. Content - The discussion will typically include: 1. Reason for leaving 2. Overall job satisfaction 3. Relationship with supervisor and coworkers 4. Opportunities for growth and development 5. Work environment, policies, and organizational culture 6. Suggestions for improvement d. Confidentiality -Employee responses will be kept confidential to the extent possible and used only for organizational improvement purposes. e. Documentation - Human Resources will record and summarize exit interview data to identify trends and provide periodic reports to management. J2.4. Voluntary Participation - Exit interviews are voluntary; however, employees are encouraged to participate to assist the city in improving the workplace. J2.5. Use of Information - Feedback collected during exit interviews will not affect the employee's final paycheck, benefits, or rehire eligibility. Information will be used solely to improve retention and workplace practices. J3 -TRANSITION PLANNING J3.1. Handover Responsibilities - During the notice period, employees are expected to assist in transitioning their duties, which may include training a successor or documenting ongoing projects. J4 - FINAL COMPENSATION J4.1. Last Paycheck: Employees will receive their final paycheck on the next scheduled payday, including compensation for all work performed up to the last day of employment. a. Paper Paycheck - Final paychecks are paper checks. They are not deposited to your account. Employee must make arrangements to pick up their final paycheck or request to have it mailed. Employee must notify Human Resources Department of an address if having the final paycheck mailed. b. Equipment - Each Department is responsible for checking in all issued equipment. Once all equipment (keys, laptop computers, pagers, phones, etc.) and ID Badge is turned in, the Department will notify the Human Resources and Finance. The Human Resources Department will authorize the Finance Department to release the last pay check. c. Unreturned Equipment - Employees who have not returned all city -issued equipment are not given their final paycheck. Any city equipment not returned, will be charged to the employee and deducted from the last paycheck. 98 d. Returning of Uniforms - All issued uniforms must be returned to the city. Failure to return issued uniforms will result in the employee paying for the actual cost incurred by the city for the purchase of said uniforms. 99 SECTION K DISCIPLINARY ACTION 100 SECTION K - DISCIPLINARY ACTION K1.1. Purpose - This policy establishes clear guidelines for employee behavior and outlines disciplinary procedures to ensure fairness, consistency, and compliance with city standards. K1.2. Scope - This policy applies to all employees of the City of Sebastian, regardless of position or tenure. K1.3. Policy - The disciplinary policy identifies and addresses employee and employment related problems. It applies to any and all employee conduct that the City of Sebastian, in its sole discretion, determines must be addressed by discipline. No discipline policy can be expected to address each and every situation requiring corrective action that may arise in the workplace. The city takes a comprehensive approach regarding discipline and will attempt to consider all relevant factors before making decisions regarding discipline. Employee conduct warranting discipline results from unacceptable behavior, poor performance or violation of the City's policies, practices or procedures. However, discipline may be issued for conduct that falls outside of those identified areas. Equally important, the City need not resort to progressive discipline, but may take whatever action it deems necessary to address the issue at hand. This may mean that more or less severe discipline is imposed in a given situation. Likewise, some city policies like sexual harassment and attendance, contain specific discipline procedures. Progressive discipline may be issued on employees even when the conduct that leads to more serious discipline is not the same that resulted in less severe discipline. That is, violations of different rules shall be considered the same as repeated violations of the same rule for purposes of progressive action. K1.4. Expectations for Employee Conduct - Employees are expected to: a. Follow all company policies and procedures. b. Maintain professionalism and respect in the workplace. c. Perform job duties efficiently and responsibility. d. Adhere to attendance and punctuality requirements. e. Comply with all legal and ethical standards. K1.5. Types of Misconduct - Misconduct that may lead to disciplinary action, up to and including termination includes but is not limited to: a. Repeated tardiness or absenteeism. b. Insubordination or refusal to follow instructions. c. Workplace harassment, discrimination, or violence. d. Theft, fraud, or dishonesty. e. Violation of safety regulations. f. Unauthorized disclosure of confidential information. g. Misuse of city property or resources. K1.6. Procedures - This policy is to use degrees of discipline which will enable the employee to progressively correct and improve their job performance. Some factors the city will take into account include: a. How serious was the offense? b. Is there more than one offense? c. Did the employee respond promptly to disciplinary action? d. What is the previous work history of the employee? 101 K2 - REPORTING VIOLATIONS OF REGULATIONS K2.1. Knowledge of Violation - Employees with knowledge of an employee in violation of City of Sebastian Policies and Procedures, rules or regulations, law or ordinance will report the violation to their immediate Supervisor, Department Head or Director of Human Resources. K3 - INTENT OF DISCIPLINARY ACTION K3.1. Supervision and Employee Relations - It is the intent of the City that effective supervision and employee relations will avoid most matters which necessitate disciplinary action for violation of the rules, and is not intended to restrict the rights of anyone but to insure the rights of all and secure cooperation and orderliness throughout the personnel system. K3.2. Disciplinary Occurrence - The City recognizes the fact that each instance differs in many respects. The City retains the right to treat each occurrence on an individual basis and without creating a precedent for other cases which may arise in the future. The City retains the right to suspend any disciplinary action at its exclusive discretion. K3.3. Limitations on Discipline - The following rules and regulations are not to be construed as a limitation upon the retained rights of the City, but merely a guide. The rules and regulations provide recommended standard penalties to apply for specific offenses. K3.4.Offenses requiring Discipline - Offenses requiring disciplinary action are divided into three types to reflect degrees of severity. In each group and for each rule, consideration will be given to severity of the offense, the cost involved, the time interval between violations, the length and quality of service records, of the employee concerned. In each case where the penalty is modified from the recommended standard penalties, the reasons for such modifications will be noted in writing. K3.5. Rules, Regulations and Discipline - In addition to the general types of offenses listed below, infractions of departmental rules and regulations will subject the employee to disciplinary action. K4 - DISCIPLINARY PROCESS K4.1. Policy - Disciplinary actions will be based on the severity and frequency of the offense. In all cases, the Department Head shall notify the employee of the action taken and a copy of such notice will be sent to the City Manager prior to placement in the employee's personnel folder. The city may take any of the following steps: 1. Verbal Warning - For minor infractions, a verbal warning will be issued and documented. As soon as a supervisor perceives a worker's performance problem, the supervisor should issue a verbal reprimand. The Supervisor/Manager must keep detailed notes or prepare a memo to file about the conversation and complete the Disciplinary Action Notice. Whenever employee performance, attitude, work habits, or personal conduct at any time fall below a desirable level, supervisors shall inform employees promptly and specifically of such lapses and give counsel and assistance. 102 2. Written Warning - If the issue persists, a formal written warning will be given, outlining expectations for improvement or consequences. The Manager should explain the standards that will be used to judge the employee. Specify the time frame within which performance must improve, and state that continued failure will result in termination. A copy of the memo should be placed in the employee's personnel file. Have the employee sign a copy to acknowledge receipt. A Performance Improvement Plan (PIP) should be completed. See Section 18. In situations where an oral warning has not resulted in the expected improvement, a written reprimand shall be issued defining the nature of the infraction under the Rules. The written reprimand will be sent to the employee and a copy of such notice will be sent to the City Manager prior to placement in the employee's personal folder. 3. Final Warning and Probation - Continued infractions may result in a final warning and a probationary period with close monitoring. If the performance does not improve, the supervisor will deliver a final written warning, perhaps accompanied by probationary status for the employee. The final warning should contain copies of the previous warnings, indicate specific areas in which the employee must improve and specify the time period within which the worker's behavior or performance must be corrected. If a PIP has not been established before, a PIP must be established at this time. 4. Suspension - For serious offenses, an employee may be suspended with or without pay. A suspension without pay is more serious than a written warning. An employee will be suspended when he/she engages in conduct that justifies a suspension or the employee engages in unacceptable behavior during the period that a written warning is in effect. An employee's suspension will be documented and, regardless of the length of the suspension issued will remain in effect for a specific time (e.g.,1 - 3 days or more). a. Crisis Suspension - This type of suspension is for misconduct that calls for immediate attention. b. Investigative Suspension - An investigative suspension, with pay, is a period (not to exceed ten (10) working days), where an employee is suspended for a serious violation. A suspension will be given when it is necessary for the city to fully investigate a suspected serious infraction. c. Disciplinary Suspension - This is a suspension not to exceed five (5) days and will serve as punishment for a violation. Suspension is called for when there is repeated misconduct or the misconduct is serious in nature. The employee will not be paid during the suspension. d. Pay - An employee may be suspended without pay for reasons as provided in these rules and/or departmental rules. e. Employee Action Notice (EAN) - EANs completed, involving suspensions, must be received in the City Manager's Office within 24^hours following the action to meet the schedule imposed by the grievance procedures. If circumstances preclude meeting this time limit, any delay must be coordinated with the City Manager prior to the 24-hour deadline. f. Termination - Repeated violations or severe misconduct may result in immediate termination. However, prior to termination, the employee will be suspended with pay (or without pay depending on severity of action), while their misconduct is investigated. The employee is to be presented with the facts revealed by the investigation and is given the opportunity to present their side of the story. If the problem persists, the Supervisor should notify the Human Resources Director, Department Head, and City Manager. The Human Resources 103 Director and Department Head will evaluate the full range of discharge -related considerations. The City Manager has the ultimate decision to terminate. K5 - INTERNAL INVESTIGATIONS K5.1. Purpose — The purpose of this policy is to establish consistent procedures for conducting internal investigations into complaints, allegations of misconduct, violations of policy, or other workplace concerns. The city is committed to ensuring investigations are handled fairly, promptly, and confidentially. K5.2. Scope — This policy applies to all City employees, regardless of position or length of service. It covers investigations related to, but not limited to: a. Violations of workplace policies and procedures. b. Employee misconduct or unethical behavior c. Harassment, discrimination, or retaliation complaints d. Workplace safety or security concerns e. Misuse of city/organizational property or funds K5.3. Reporting Concerns a. Employees are encouraged to report suspected misconduct or violations of policy to their immediate supervisor, Department Director, or Human Resources. b. If the concern involves a supervisor or manager, the report may be made directly to Human Resources or the City Manager (or designated authority). c. Reports may be made verbally or in writing. K5.4. Investigative Process a. Intake and Assessment — Human Resources (or other designated authority) will assess the complaint to determine whether an investigation is warranted. b. Assignment of Investigator — An impartial investigator (HR staff, management, or an external investigator, if necessary) will be assigned. c. Notification — The employee(s) involved will be notified of the investigation, unless doing so would compromise the process. d. Fact -Finding — The investigator will collect relevant evidence, conduct interviews, and review documents as appropriate. e. Confidentiality — Investigations will be conducted discreetly. Information will be shared only on a need -to -know basis. f. Findings and Report — At the conclusion of the investigation, the investigator will prepare a report summarizing findings and recommendations. g. Resolution — Management will review the findings and determine appropriate action, which may include discipline, policy changes, or no further action if allegations are unsubstantiated. K5.5. Employee Rights — Employees are expected to cooperate fully and truthfully in investigations. Retaliation against any employee who reports a concern or participates in an investigation is strictly prohibited. Employees accused of misconduct will be given an opportunity to respond to allegations. K5.6. Recordkeeping — All records relating to internal investigations will be maintained by Human Resources in a secure and confidential manner, separate from personnel files, to the extent permitted by law. 104 K5.7. Florida Statutes - Internal investigation cases are considered active until they become public record under Florida Statutes. K6 - IMMEDIATE TERMINATION K6.1. Policy - The purpose of this policy is to identify circumstances under which employment may be terminated immediately, without prior warning or progressive discipline. This ensures workplace safety, compliance with laws, and protection of city integrity. K6.2. Scope- This policy applies to all City employees, regardless of position or length of service. K6.3. Grounds for Immediate Termination - The following examples of conduct that may result in immediate termination include, but are not limited to: a. Violence or Threats - Acts or threats of physical violence against any City employee, or the public. b. Harassment or Discrimination - Serious violations of harassment, discrimination, or retaliation policies. c. Theft or Fraud - Stealing, misappropriating, or attempting to steal City property, funds, or confidential information. d. Substance Abuse - Reporting to work under the influence of alcohol or illegal drugs, or possession/distribution of controlled substances in the workplace. e. Gross Insubordination - Refusal to follow lawful and reasonable directives from a director or supervisor. f. Serious Policy Violations - Breach of confidentiality, misuse of city resources, or violation of safety/security protocols that endanger others. g. Criminal Conduct - Conviction of or arrest for crimes that directly impact the employee's job duties, public trust, or the City's reputation. h. Falsification of Records - Knowingly providing false or misleading information on employment records, time sheets, or other official documents. K6.4. Procedure - a. Review - Human Resources and the Department Director will review the facts and determine if immediate termination is warranted. b. Approval - Final approval must be obtained from the City Manager (or designated authority) prior to terminations. c. Notice - The employee will be informed in writing of the reason(s) for termination and the effective date. d. Return of Property - Employee(s) must return all organizational property, including keys, ID badges, equipment, and records, before their final paycheck is issued. K6.5. Final Pay - Employees terminated under this policy will receive all wages earned up to the termination date, in compliance with applicable laws. K6.6. No Retaliation - Employees who report misconduct leading to immediate termination of another employee are protected from retaliation under City policy and applicable law. 105 K7 - CONDUCT UNACCEPTABLE OFF -WORK HOURS K7.1. Policy - Employees off from work and on their own time can be subject to discipline up to and including termination from employment, if their off from work hours misconduct impacts negatively on the City of Sebastian's ability to operate or the employee's ability to perform competently. K8 - GAMBLING K8.1. Purpose - The purpose of this policy is to maintain a professional, productive, and safe workplace by prohibiting gambling activities during work hours or on city property. K8.2. Policy a. Prohibited Activities -Employees are not permitted to: 1. Participate in gambling activities during work hours. 2. Use city facilities, equipment, or property for gambling purposes. 3. Solicitor encourage others to participate in gambling while on duty or on city premises. b. Permissible Activities 1. Participation in state -run lotteries or other legally sanctioned gambling activities outside of work is permitted, provided it does not interfere with job performance or create conflicts of interest. 2. City -approved fundraising events (e.g., raffles or drawings) may be allowed if compliant with applicable laws and approved by management. c. Online Gambling 1. Employees may not use City computers, networks, or devices to access gambling websites or applications during work hours. K8.3. Discipline - Violation of this policy may result in disciplinary action, up to and including termination of employment. K8.4. Confidentiality - Any reports of gambling activity in violation of this policy will be handled discreetly and investigated in accordance with the city's internal investigation procedures. K9 - CONFORMITY TO LAWS K9.1. Purpose - The purpose of this policy is to ensure that all City employees, officials, and representatives conduct themselves and perform their duties in full compliance with all applicable federal, state, and local laws, regulations, and ordinances. The City of Sebastian is committed to lawful and ethical conduct in all operations and activities. K9.2. Policy - All employees of the City of Sebastian are expected to comply with every applicable law, rule, and regulation that governs their job duties and conduct. This includes, but is not limited to, laws related to employment, safety, environmental protection, public records, ethics, and procurement. No employee shall engage in any act that violates federal, state, or local laws or regulations while performing their duties or representing the City. Any employee who becomes aware of a possible violation of law or regulations must promptly report it to their supervisor, the Human Resources Department, or the City Manager. 106 K9.3. Reporting Violations - Employees are encouraged to report any suspected unlawful or unethical conduct without fear of retaliation. Reports may be made confidentially to Human Resources or through established reporting channels. Retaliation against any individual who reports a violation in good faith is strictly prohibited. K9.4. Disciplinary Action - Violations of this policy, or any law or regulation applicable to City employment, may result in disciplinary action up to and including termination of employment, as well as possible legal consequences. K10 - ARRESTED /TRAFFIC VIOLATIONS K10.1. Policy - All City employees are expected to maintain lawful conduct both on and off duty. Employees must promptly report any arrest, criminal charge, or significant traffic violation that may affect their ability to perform their duties or maintain required driving privileges immediately to their Department Director immediately within twenty-four (24) hours. The City reserves the right to take appropriate administrative or disciplinary action, up to and including termination, based on the nature of the offense, its relevance to the employee's position, and its impact on the City's operations or reputation. K10.2. Reporting Requirements a. Criminal Arrest or Charge - Any employee who is arrested or charged with a misdemeanor or felony must notify their Department Director or the Human Resources Department within 24 hours or the next business day following the incident. The report must include the nature of the charge, date, and location of the incident. b. Traffic Violations - Employees who operate City vehicles or whose positions required a valid driver's license must report any traffic citation, license suspension, or revocation immediately within 24 hours but no later than the next business day. Minor parking tickets do not require reporting unless they occur during official City business or involve a city vehicle. c. Failure to Report - Failure to promptly report an arrest, charge, or traffic violation as required may result in disciplinary action, up to and including termination. K10.3. Review and Action a. The City Manager or designee, in consultation with Human Resources and the employee's Department Director, will review each reported incident to determine if: 1. The offense affects the employee's ability to perform their job duties. 2. The offense impacts public trust or the City's reputation. 3. Temporary reassignment, suspension, or other action is warranted pending the outcome of legal proceedings. b. Employees whose driving privileges are suspended or revoked may not operate City vehicles or perform duties requiring a valid license until the matter is resolved. K10.4. Confidentiality - All reports and related information will be handled with confidentiality to the extent permitted by law. Only individuals with a legitimate need to know will have access to such information. 107 K10.5. Disciplinary Action - Depending on the severity and relevance of the violation, disciplinary action may include counseling, suspension, demotion, reassignment, or termination. Each case will be evaluated based on the circumstances, applicable laws, and City policies. K11 — TYPES OF DISCIPLINARY OFFENSES K11.1. Purpose — The purpose of this policy is to establish standards of conduct for all City of Sebastian employees and to define action or behaviors that may result in disciplinary action. This policy promotes fairness, consistency, and accountability in the administration of discipline. K11.2. Policy — All employees of the City of Sebastian are expected to maintain high standards of integrity, professionalism, and performance. Violations of City policies, rules, or regulations may result in disciplinary action up to and including termination of employment. Discipline may be administered progressively or immediately, depending on the severity and nature of the offense. K11.3. Scope - The policy covers all full time, part-time, temporary, and seasonal employees. K11.4. General Guidelines — The City reserves the right to determine the appropriate level of disciplinary action based on the circumstances. Disciplinary measures may include: a. Verbal Counseling or warning b. Written warning c. Suspension (with or without pay) d. Demotion e. Termination of employment Progressive discipline is intended to correct behavior, however, serious offenses may warrant immediate termination without prior warning. K11.5. Examples of Disciplinary Offenses — The following list provides examples of conduct that may lead to disciplinary action. It is not all-inclusive and may be supplemented as necessary: a. Attendance and Work Performance 1. Excessive absenteeism or tardiness 2. Failure to notify a supervisor of absence or lateness 3. Leaving the worksite without authorization 4. Negligence, inefficiency, or lack of productivity 5. Failure to perform assigned duties satisfactorily b. Conduct and Behavior 1. Insubordination or refusal to follow a lawful order 2. Discourteous, disrespectful, or abusive behavior toward the public, coworkers, or supervisors 3. Harassment, discrimination, or bullying of any kind 4. Fighting, threats, or acts of violence in the workplace 5. Disorderly or disruptive conduct c. Integrity and Compliance 1. Falsification of records, reports, or time sheets 2. Theft, misuse, or unauthorized removal of City property or records 3. Misuse of City funds, equipment, or resources 4. Unauthorized disclosure of confidential information 108 5. Violation of the City's ethics or conflict of interest policies d. Safety and Substance Use 1. Violation of safety rules or failure to use required protective equipment 2. Operating City vehicles or equipment in an unsafe or unauthorized manner 3. Reporting to work under the influence of alcohol, illegal drugs, or controlled substances 4. Possession or use of illegal substances on City property e. Legal and Policy Violations 1. Violation of any federal, state, or local law affecting City employment 2. Failure to report an arrest, criminal charge, or traffic violation as required by City policy 3. Violation of any City ordinance, administration rule, or department policy K11.6. Due Process - Before imposing serious disciplinary action (such as suspension, demotion, or termination), employees will be given an opportunity to respond to the allegations and present relevant information. All disciplinary actions will be documented and maintained in the employee's personnel file. K11.7. Appeal Process - Employees may appeal disciplinary actions in accordance with the City's Grievance Procedure Policy. Appeals must be submitted in writing within the time limits established by that policy. K11.8. Type of Offenses and Standard Penalties - The City has established three (3) groups of offenses and a guide for standard penalties. These groups are only recommended and are not all inclusive. a. Group 1 Offenses 1. 15t Offense -Verbal Instruction and Cautioning 2 2"d Offense- One (1) day suspension -Written Warning 3. 3rd Offense - Up to five (5) days suspension without pay 4. 0 Offense - Up to and including termination The following are Group 1 Offenses: a) Operating, using, or possessing tools, equipment or machines the employee has not been assigned, or performing other than assigned work. b) Quitting work, wasting time, loitering, or leaving assigned work area during working hours without permission. c) Taking more than specified time for meals or rest periods. d) Productivity or workmanship not up to required job performance standards. e) Disregarding job duties by loafing or neglect of work during working hours. f) Reporting to work or working while unfit for duty, either medically, mentally or physically. g) Posting or removal of any material on bulletin boards or city property unless authorized. h) Distributing written or printed material of any description on City premises unless authorized. i) Discourtesy to persons with whom the employee comes in contact while on duty by the city. j) Habitual failure to clock in on own time card, where applicable. (Guide: 3 times in a 30-day period). k) Tardiness. (Guide: 3 times in a 30-day period). 1) Chronic absenteeism. (Guide: 3 times in a 30-day period). m) Violating a safety rule or safety practice. 109 n) Failure to report an accident or personal injury in which the employee was involved while on the job. o) Engaging in horseplay, scuffling, wrestling, throwing things, malicious mischief, distracting the attention of others, verbal harassment "cat calls", demonstrations on the job, or similar types of disorderly conduct. p) Creating or contributing to unsafe and unsanitary conditions or poor housekeeping. q) Failure to report the loss of the city identification card to the Department Head. r) Unauthorized adjustment of work schedule. b. Group II Offenses 1. 111 Offense - Instruction and Cautioning 2 2"d Offense - Up to five (5) days suspension without pay 3. 3rd Offense - Up to and may include termination The following are Group II Offenses: a) Threatening, intimidating, coercing or interfering with fellow employees or supervision at any time, including abusive language. b) Sleeping during duty hours, unless otherwise authorized. c) Failure to work overtime, special hours or special shifts after being scheduled according to overtime and standby duty policies. d) Provoking or instigating a fight or fighting on City property. e) Leaving his/her post at the end of the scheduled shift without being relieved by the supervisor or the relieving employee on the oncoming shift, for those units operating on a 24-hour basis. f) Negligence or omission in complying with the requirements as set forth in departmental rules and Standards of Conduct. g) Gambling or engaging in any other game of chance at City work stations at any time. h) Making or publishing false, vicious or malicious statement concerning an employee, supervisor, the city, or its operation. i) Absent without permission or leave (A.W.O.L). j) Mistakes due to carelessness which affect the safety of City personnel, equipment, tools, or property. k) Failure to report a request for information or receipt of a subpoena from a law firm or an attorney for a matter relating to City business. 1) Knowingly harboring a serious communicable disease which may endanger other employees. m) Insubordination by the refusal to perform work assigned, or to comply with written or verbal instructions of a supervisor. n) Permitting an unauthorized person to use an employee's city identification card, using another employee's city identification card or altering a city identification card. o) Failure to return from an authorized leave of absence. Reporting for work while under the influence of alcohol or drugs. c. Group III Offenses 1. 1' Offense -Suspension without pay; up to including Termination The following are Group III offenses: a) Wanton or willful neglect in the performance of assigned duties. 110 b) Deliberate misusing, destroying, or damaging any city property or property of an employee. c) Use or attempted use of influence or bribery to secure an advantage of any manner. d) Falsification of personal or city records, including employment applications, accident records, work records, purchase orders, timesheets, or any other report, record or application. e) Making false claims or misrepresentation in an attempt to obtain sickness or accident benefits, or worker's compensation. f) Unauthorized use or display of firearms, explosives or weapons on city property. g) Theft or removal of any city property or property of any employee without proper authorization. h) Immoral, unlawful or improper conduct or indecency, either on or off the job, which would tend to affect the employee's relationship to his/her job, fellow workers, reputation or goodwill in the community. i) Notification of arrest. j) Being absent from duty for a period of three (3) consecutive working days without proper authorization. 3 days no call/no show. k) Drinking intoxicating liquor while on duty or habitual use or abuse of controlled dangerous substances. 1) Conviction of a felony, or misdemeanor of the first degree as defined by Florida Statutes. m) Concerted curtailment, restriction of production or interference with work in or about the city's work stations including, but not limited to, instigating, leading or participating in any walkout, strike sit-down, stand-in, slowdown or refusal to return to work at the scheduled time for the scheduled shift. n) Participation in a strike against the City as established in Florida Statutes 447.018. K12 - CONFIDENTIALITY K12.1. Purpose - The purpose of this policy is to ensure that the City of Sebastian employees handle information responsibly and maintain consistent practices in the application of policies, procedures, and decision -making. The city is committed to protecting confidential information and ensuring fair, uniform treatment of employees, residents, and members of the public. K12.2. Policy - All employees are required to protect confidential information obtained in the course of their employment and to apply City policies and procedures consistently. Employees must exercise discretion, honesty, and fairness in all official actions and communications to maintain the public's trust and the integrity of City operations. K12.3. Confidentiality - Defined - Confidential information includes, but is not limited to: a. Personnel records and employee information b. Medical, financial, or personal data of employees or residents c. Non-public information related to contracts, bids, or legal mattes d. Information discussed in executive sessions or closed meetings e. Any data designated as confidential under Florida Statutes or City policy 111 K12.4. Employee Responsibilities a. Employees must not disclose confidential information to anyone who is not authorized to receive it. b. Confidential information must be used only for legitimate City business purposes. c. Employees must exercise care when handling written, electronic, or verbal information to prevent unauthorized access or disclosure. d. Documents containing confidential information should be stored securely and disposed of appropriately. K12.5. Prohibited Conduct a. Sharing confidential information with unauthorized individuals, including coworkers, friends, or family. b. Using confidential information for personal gain or advantage. c. Discussing confidential City matters in public or unsecured settings. K12.6. Consequences - Unauthorized disclosure or misuse of confidential information may result in disciplinary action, up to and including termination of employment, and may also subject the individual to legal penalties under applicable law. K12. 7. Reporting and Enforcement - Employees who become aware of breaches of confidentiality are encouraged to report the matter to their supervisor, Department Director, or the Human Resources Department. Retaliation against any employee who reports a concern in good faith is strictly prohibited. K13- CONSISTENCY K13.1. Policy - Fair and Equal Application - The City is committed to maintaining consistency in the interpretation and application of its policies, rules, and procedures. All employees should be treated and equitably without favoritism, bias, or discrimination. K13.2. Supervisory Responsibility a. Supervisors and Department Directors must apply personnel rules and disciplinary actions uniformly. b. Decisions regarding hiring, promotion, discipline, and benefits must be based on objective criteria, merit, and City policy. c. Inconsistent or arbitrary application of rules undermines employee morale and exposes the City to liability. K13.3. Communication and Documentation a. All employment -related decisions must be properly documented to ensure accountability and transparency. b. Supervisors should seek guidance from Human Resources to ensure consistent application of policies across departments. K13.4. Reporting and Enforcement - Employees who become aware of breaches of inconsistent application of policy are encouraged to report the matter to their supervisor, Department Director, or the Human Resources Department. Retaliation against any employee who reports a concern in good faith is strictly prohibited. 112 K14 - LAST CHANCE AGREEMENTS K14.1. Purpose - The purpose of this policy is to establish guidelines for the use of a Last Chance Agreement (LCA) as a corrective measure that allows an employee who has committed a serious violation of policy or repeated misconduct an opportunity to retain employment under specific, strict conditions. K14.2. Policy - A Last Chance Agreement is a formal written agreement between the City and an employee that outlines the terms and conditions under which the employee may continue employment. It serves as an alternative to immediate termination and is intended to encourage corrective behavior while protecting the City's interests. K14.3. Scope - This policy applies to all City employees who have engaged in conduct that would normally result in termination but where management determines, in consultation with Human Resources, that offering a final opportunity for correction is appropriate. K14.4. The Agreement - The Agreement would include, but not limited to, the following: a. Statement of Misconduct: A clear description of the violation(s) that led to the LCA. b. Acknowledgment of Responsibility: The employee must acknowledge their behavior and agree to corrective action. c. Performance and Conduct Expectations: Specific conditions the employee must follow to remain employed. d. Duration of the Agreement: A defined period (e.g., 6-12 months) during which compliance is monitored. e. Consequences of Non -Compliance: Immediate termination or other disciplinary actions if the employee violates the terms of the LCA. f. No Further Warnings: A statement that failure to comply will result in dismissal without additional warnings. g. Signatures: The LCA must be signed by the employee, Department Head, Human Resources Director, and the City Manager. K14.5. Enforcement and Monitoring a. The employee's performance and behavior will be closely monitored for the duration of the LCA. b. Regular check -ins with management and HR maybe required to assess compliance. c. Any violation of the LCA terms will result in immediate termination. K14.6. No Guarantee of Employment - A Last Chance Agreement is not a contract guaranteeing continued employment. It is a final opportunity, and the city reserves the right to terminate employment if expectations are not met. K14.7. Non -Precedent Clause - The use of the LCA does not establish a precedent or obligation for the City to offer similar agreements in the future. Each case will be evaluated individually based on its circumstances. 113 SECTION L EMPLOYEE GRIEVANCES AND ARBITRATION 114 SECTION L - EMPLOYEE GRIEVANCES and ARBITRATION 11-1.1. Purpose - The purpose of this policy is to provide a fair, consistent, and timely process for employees to raise concerns or disputes related to the interpretation or application of City policies, procedures, or terms and conditions of employment. This policy also outlines the process for resolving such disputes through arbitration when necessary. L1.2. Policy - The City is committed to maintaining a positive and respectful workplace where employees are treated fairly. Employees have the right to present grievances without fear of retaliation. When a grievance cannot be resolved through the established internal process, arbitration may be used as a final means of resolution. 1-1.3. Scope - This policy applies to all City employees, except where specific provisions are governed by collective bargaining agreements. 1-1.4. Grievance Defined - A grievance is a written complaint by an employee concerning the interpretation or application of a city policy or procedure, an alleged unfair treatment or disciplinary action, or disputes arising under a collective bargaining agreement, if applicable. U.S. Informal Resolution - Before filing a formal grievance, employees are encouraged to discuss the issue directly with their immediate supervisor within five (5) working days of the incident or issue. Many concerns can be resolved informally through open communication. 11-7.6. Right of Grievance - Any employee shall have the right to use the grievance procedure to address complaints regarding conditions of employment, which are not otherwise governed by Appeals or Complaints of Discrimination, harassment and retaliation. L1.7. Supervisors and Management Responsibilities - The responsibility of supervisory and management personnel is to hear and consider all employee grievances and take necessary and appropriate corrective action, or provide a reasonable explanation as to why the grievance is not valid. No supervisor shall deny any employee the right to take the complaint to the next step in the grievance procedure when it cannot be settled to the satisfaction of the employee at the lower level. Should such a denial occur, the employee shall be entitled to file a new grievance, based on the denial, to the next level of supervision. U.S. Management Prerogatives - The resolution of grievances shall be resolved in consideration of the prerogatives of management which include the following: a. The City retains the sole right to determine, and from time to time, to redetermine how to manage its operations and direct the working force, including the rights to decide the scope of service to be performed, the method of service, the schedule of work time, the size and composition of the work force; to contract and subcontract existing and future work; to determine whether and to what extent the work required in its operations or jobs shall be performed by employees; to maintain order and efficiency in its work locations; to curtail or discontinue temporarily or permanently, in whole or in part operations whenever in the opinion of the City's good business judgment makes such curtailment or discontinuance advisable; to hire, lay off, assign, transfer, classify, reclassify, promote, demote, and determine the qualifications of employees; and to determine the starting and quitting time and the number of hours to be worked. 115 b. The exercise of the above rights does not preclude employees from conferring or raising questions about the practical consequences that decisions on these matters may have on terms and conditions of employment. However, the exercise of these rights is not subject to review by the Grievance Committee or hearing before an Arbitrator. c. The above rights of the City are not all-inclusive but indicate the type of matters or rights which belong to and are inherent to the City in its capacity to manage the services of the City of Sebastian. d. The City retains the sole right to discipline, suspend, and discharge employees for just cause, including violations. e. If the City determines that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of a Union Contract, if one is in place, may be suspended during the time of the declared emergency. L2 — GREVANCE PROCEDURE L2.1. Grievance Procedure -The procedure shall be the exclusive method for resolving employee grievances. Grievances are defined as disputes concerning the interpretation or application by the Employer. Verbal reprimands will not be grieved, except those documented and placed in the member's personnel file. Most grievances arise from misunderstandings or disputes, which can be settled promptly and satisfactorily on an informal basis at the immediate supervisor level. The city agrees that every effort will be made by management and by the grievant(s) to settle grievances at the lowest level possible. a. General Provisions 1) All references regarding days in this procedure are classified work days. The time limits specified in this Section may be extended by mutual agreement in writing of the parties. 2) Time is of the essence in this procedure. Although any time limit may be extended by mutual written agreement of the grievant(s) and the City, the failure of the grievant(s) to observe the applicable time limit, shall constitute an abandonment of the grievance, absent a mutually agreed extension. 3) Request to bypass any steps will be in writing and must be approved by the City Manager or their designee. b. Procedure 1) Step 1 — This step is initiated by the employee. The Department Head shall receive a written grievance, from the employee, on the standard grievance form. See Human Resources for form. This must occur within ten (10) business days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the grievant became aware of the cause of the complaint. If the event(s) occurred during the time when the employee was on paid leave, the ten (10) business day period shall commence running immediately upon return to duty. The Department Head shall schedule a grievance meeting with the grievant within ten (10) business days of the submission of the written grievance. Within ten (10) business days after the grievance meeting, the Department Head shall issue a written decision concerning the grievance. If the grievant(s) is not satisfied with the Department Head's decision, or if no decision is issued within the time allotted, the grievant(s) may appeal to Step 2. 2) Step 2 - Within ten (10) business days following the date of the Step 1 decision or the date on which it was due, whichever is earlier, the grievant(s) may file a written appeal to the - HR Director, attaching all applicable grievance documents. A grievance meeting shall be scheduled within ten (10) business days following receipt of the Step 1 appeal. At such meeting, the grievant(s) may present 116 evidence and argument in support of the grievance. Within ten (10) business days of the grievance meeting, the - HR Director shall issue a written decision concerning the grievance. If the grievant(s) is not satisfied with the HR Director's decision, or if no decision is issued within the time allotted, the grievant(s) may appeal to Step 3. 3) Step 3 - Within ten (10) business days following the date of the Step 2 decision or the date on which it was due, whichever is earlier, the grievant(s) may file a written appeal to the City Manager. The City Manager will review all pertinent information and may schedule a hearing including due process for name clearing hearings and issue a decision within ten (10) business days of the hearing or ten (10) business days of receipt of the Step 2 appeal. If the issue falls within the range of minor disciplinary action, i.e., any discipline less than suspension without pay, the City Manager's decision shall be final and binding upon the Employer and upon the grievant(s). In all cases other than minor discipline and performance evaluations, if the grievant(s) is not satisfied with the Step 3 decision, the grievant(s) may invoke the arbitration procedure of Step 4. 4) Step 4 - The grievant(s) may invoke arbitration by sending written notice to the Employer within ten 00) business days of the date the Step 3 decision was issued or the date, on which it was due, whichever is earlier. Invocation of arbitration by the grievant(s) will not preclude settlement of the grievance at any time prior to the issuance of an arbitrator's award. The parties will attempt to agree upon a mutually agreeable impartial arbitrator. If, however, this cannot be done within ten (10) business days following the Employer's receipt of the grievant(s) request for arbitration, representatives of the Employer and the grievant(s) shall jointly submit a written request to the Director of the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) professional arbitrators. Upon receipt of the list, representatives of the Employer and grievant(s) shall meet within ten (10) business days and, beginning with the grievant(s), each shall alternately strike, one at a time, until only one (1) name remains on the list. The person whose name remains on the list shall be the arbitrator, and the parties shall jointly notify the arbitrator of his/her selection. Either party may object to all names on the list, provided that objection is made prior to the commencement of the striking process. If this happens, a second joint request for a list will be made. All arbitrations arising under this Agreement shall be conducted at City facilities within the City of Sebastian and in accordance with the following rules: a) The arbitrator shall have jurisdiction and the authority to decide a grievance properly brought before them. b) The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. c) The arbitrator may not issue declaratory options and shall confine themselves exclusively to the question, which is presented to them. The arbitrator shall not have the authority to determine any other issues not submitted to them. d) Except in the case of termination as disciplinary action, the arbitrator shall not substitute their judgment as to the wisdom or the degree of severity of disciplinary action imposed on any employee by the Employer. The arbitrator's inquiry shall be limited to whether the Employer possessed evidence of misconduct before imposing the discipline ultimately imposed. In the event of the arbitration of a grievance arising out of the discharge of an employee, the arbitrator is empowered to either sustain the discharge or, if they do not, they are empowered to reinstate the employee with or without back pay, in whole or in part, as the circumstances warrant. Any 117 award of back pay shall be reduced by any unemployment compensation or other compensation the employee may have received. e) The fees and expenses of the arbitrator will be paid by the losing party. Each party shall bear the cost of its own witnesses and representatives. Any party requesting a transcript will bear its cost, unless otherwise agreed. f) Copies of the Arbitrator's award, made in accordance with the jurisdictional authority shall be furnished to the parties within thirty (30) days of the hearing, unless the parties mutually agree to extend the time limit, and shall be final and binding on both parties. 118 SECTION M EMPLOYEE LEAVE 119 SECTION M - EMPLOYEE LEAVE M1.1. Purpose — The purpose of this policy is to outline the various types of leave available to City employees, including vacation leave, sick time, personal, bereavement and other authorized absences. The city recognizes the importance of time away from work for rest, recovery, and personal matters while maintaining consistent operations and service to the community. M1.2. Policy — The City provides eligible employees with paid and unpaid leave benefits in accordance with applicable laws, labor agreements, and City policy. Employees are expected to use leave responsibly and in a manner that ensures continuity of operations. All leave requests must be submitted and approved in advance whenever possible. For employees governed by contract agreements, the contracts language supersedes this policy in specific sections, fractional amounts of hours are rounded to the nearest quarter hour. M1.3. Scope - This policy applies to all regular full time and part-time employees. Temporary and seasonal employees are not eligible for paid leave unless otherwise specified in their employment terms. M1.4. Definitions - a. Accumulated Sick Time - Sick time accumulation starts from the employee's date of hire through the date of separation. b. Anniversary Date -The employee's anniversary date is their full-time date of hire with the city. In the event the employee is promoted to a higher pay position the new anniversary date for performance purposes is the new anniversary date. c. Continuous Service - For computing leave with pay, continuous service means employee services between their date of hire and date of separation; provided that pay periods will not be counted when an employee is in an unpaid status for half or more of the employee's assigned work hours. Though unpaid status is not included in computing length of continuous service, service immediately following unpaid status is considered a continuation of continuous service immediately preceding it. d. Holiday Time - Time given to employees required to work or whose regular day off falls on a city holiday. Holiday time is not payable upon separation. e. Leave Year — Comprises of 26 bi-weekly pay periods. The first and last date of the leave year will vary each year. f. Pay Period - The City's 14 calendar -day payroll period. g. Pay Status - An employee is in pay status during any period where payment is received for services performed or paid leave time (annual leave, disability leave, administrative leave, sick leave, etc.). Workers' compensation payments alone do not constitute pay status. h. Personal Leave — Personal Leave is an approved period of absence from work that an employee may take for personal reasons not covered by other types of leave (such as vacation, sick leave, or bereavement leave). It is typically used for matters that require an employee's attention during normal working hours -such as attending to family obligations, personal business, legal appointments, or unforeseen personal situations. i. Rehired - Employees rehired following a separation other than layoff are considered new employees for annual/sick leave purposes unless they are rehired within the same year they resigned. Those months not working for the city will be subtracted to calculate a new anniversary date for longevity and other benefits. Persons reinstated from a layoff list will have their prior continuous service preserved and not serve a new probationary period. 120 j. Vacation - Vacation is a period of approved, paid time off from work granted to employees for rest, relaxation, and personal pursuits. Vacation leave allows employees to take a break from their job duties without loss of pay or employment benefits. The amount of vacation time an employee earns is typically based on their length of service, employment status (such as full-time or part-time), and organizational policy. M2 - HOLIDAY LEAVE M2.1. Policy - The City of Sebastian observes specific holidays each calendar year. Eligible employees will receive time off with pay for these designated holidays. M2.2. Holidays - The following shall be paid holidays for all regular full-time and regular part-time employees with some exceptions listed below. New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Day Christmas Eve Christmas Day a. Exceptions - 1 . Regular Part-time Employees - Regular part-time employees working less than forty (40) hours per pay period are not eligible for holiday leave benefits. 2. Regular part-time employees not scheduled to work are not eligible for holiday leave benefits. 3. 911 Emergency Dispatchers - Holidays will be observed on the actual Holiday. 4. Golf Course and Tennis Attendants - Holidays will be observed on the actual Holiday. 5. Temporary and seasonal employees are not eligible for holiday leave. b. Generally, when a holiday falls on a Saturday, the preceding Friday will be observed as the holiday. When a holiday falls on a Sunday, the following Monday will be observed as the holiday. However, on occasions, another day of observance may be more appropriate, in such instances, the City Manager will establish the date and will notify all employees in advance. M2.3. Holiday Eligibility and Other Absences a. For holiday purposes, holiday pay for regular full-time employees is defined as the employee's normal shift, i.e., 8, 10, or 12 hours. Holiday payfor regular part-time employees is four (4) hours. b. No regular full-time or part-time employee shall receive pay for a holiday unless they are in an active pay status or actually working their normal work schedule on the work day immediately preceding and the work day immediately following the day on which the holiday is observed. "Active pay status" also includes any approved leave with pay. c. If a full-time employee is scheduled to work on the day of a holiday, they will have the option of requesting overtime pay for the hours worked at the time it is earned or request compensatory time in lieu of pay. The employee must notify their immediate supervisor in writing of their option no later 121 than the last workday before the holiday. If the option is not presented to the supervisor on or before the last workday before the holiday, overtime pay compensation will be used. d. Regular full-time employees not scheduled to work the holiday will receive straight time pay for their normal shift. For example, if an employee is scheduled Tuesday thru Friday and the holiday falls on a Monday, the employee would receive eight (8), ten (10), or twelve (12) hours of straight pay for the holiday. The holiday pay would not be included as hours worked for the purpose of overtime calculations. e. Employees on vacation, annual, military leave, jury duty, sick leave, funeral leave, or other absences from duty but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned. M3 - VACATION LEAVE M3.1. Policy - It is the policy of the City to provide eligible employees with paid vacation leave based on length of service. Vacation leave must be scheduled in advance, approved by the employee's supervisor, and taken at times that do not unduly interfere with City operations. M3.2. Scope- Only regular full-time and regular part-time employees are eligible to accrue paid vacation leave. Probationary employees will be allowed to use accrued vacation leave at the approval and discretion of their immediate Department Head or their designee. Temporary or seasonal employees are not eligible for the accrual of vacation leave. M3.3. Rate of Accrual - a. Vacation leave is earned on a pro-rata basis. Full-time employees will accrue vacation leave based on their years of service with the agency. The accrual rate for regular part-time employees working forty (40) hours or more per pay period will be at one-half the accrual rate of a regular full-time employee with the same number of years of service. To Clarify the rate at which an employee accrues vacation leave the following tables will be used. b. Eligibility 1. Regular full-time employees and regular part-time employees working forty (40) hours or more per pay period are eligible. 2. Temporary and seasonal employees are not eligible for vacation leave benefits. 3. Part-time employees working less than a forty (40) hour pay period are not eligible for vacation leave benefits. 4. Vacation leave does not accrue while an employee is on any unpaid leave. Leave accruals will be adjusted on a prorated basis for any hours which are unpaid during the pay period. Table 1: Years of Service 1 to less than 5 years 5 to less than 10 years 10 to less than 15 years 15 to less than 20 years 20 years and over Full Time Employees Bi-Weekly Annual Accrual Rate Leave Earned 3.08 hours 80 hours 4.62 hours 120 hours 6.15 hours 160 hours 6.92 hours 180 hours 7.69 hours 200 hours 122 Table 2: Years of Service 1 to less than 5 years 5 to less than 10 years 10 to less than 20 20 years and over Part Time Employees Bi-weekly Accrual Rate 1.54 hours 2.31 hours 3.07 hours 3.85 hours Annual Leave Earned 40 hours 60 hours 80 hours 100 hours M3.4. Request for Vacation a. A request for vacation leave shall be submitted, through the payroll system. b. A request for vacation leave shall not be granted if the employee has no accrued balance of vacation. c. The minimum charge against the accrued vacation leave balance will be in increments of fifteen (15) minutes. Fifteen (15) minutes shall be deducted from an employee's accrued leave balance for each quarter hour, or part thereof that an employee is actually absent from their duty station. d. Vacation leave may not be taken in advance of its approval by the employee's supervisor or Department Head. In an emergency situation accrued vacation leave may be used only with the approval of the employee's Department Head or designee. e. Except under unusual circumstances, the employee's supervisor or Department Head shall approve or disapprove a leave request within five (5) working days after receipt of said request. f. Vacation leave shall not be used in advance of its being earned. M3.5. Use of Vacation Leave a. Vacation leave maybe used for the following purposes: 1. Vacation. 2. Absences from duty for transaction of personal business, which cannot be conducted outside of working hours. 3. Holidays not designated as official holidays. 4. Medical leave if sick leave balance has been exhausted. 5. Any other absences not covered by existing leave provisions, at the discretion of the Employer. b. Any employee who becomes sick while on vacation leave may substitute accrued sick leave for vacation leave for the period of the illness. The employee shall supply appropriate certification from a physician as to the nature and duration of the illness. c. Non-Exemat Employees - The Non -Exempt Employees will not be allowed to carry over from one fiscal year to the next more than two (2) years' worth of accrued vacation leave. If during the year the employee accrues more than two (2) years' worth of vacation leave, they will have until the last full pay period of the fiscal year to bring their time balances down to the two (2) year maximum. If the employee does not bring the time balance down to the two (2) year maximum by the last full pay period of each fiscal year, they will forfeit all hours in excess of the two (2) year maximum carryover. After the last full pay period of the fiscal year, vacation leave will go back to the maximum accrued. Proper documentation signed by the employee's Department Head will be forwarded to the Finance Director where it will be kept on file indicating the reasons for not granting the requested leave. 123 d. Exemnt Emplovees - The Exempt Employee will not be allowed to carry over from one fiscal year to the next more than 400 hours of accrued annual leave. If during the year the employee accrues more than 400 hours of annual leave, they will have until the last full payroll period in the fiscal year to bring their time balances down to the 400-year maximum. If the employee does not bring the time balance down to the 400-hour maximum by the last full payroll period of each fiscal year, they will forfeit all hours in excess of the 400-hour maximum carryover. Annual leave will continue to accrue beyond the limitations set forth above when a Department Head or the City Manager fails to grant annual leave when requested in writing by an employee under the provisions of this section. Proper documentation signed by the Department Head or City Manager will be forwarded to the Human Resources Department where it will be kept on file indicating the reasons for not granting the requested leave. M3.6. Vacation Leave Cash -in - Employees will not have the option of cashing in vacation leave but will have the ability to cash out when the employee retires. (See M3.8) M3.7. Called in to Work While on Vacation - When an employee is on an approved vacation leave and is called in to work during their normally scheduled working hours, their leave banks will only be reduced by the number of hours they were off work. The employee's rate of pay for hours worked will be the overtime rate of one and a half (1 1/2). If the employee works beyond their normally scheduled hours, then overtime provisions will apply for those hours. M3.8. Separation from Employment - Non- Exempt Employees a. Employees hired prior to October 1, 2022, upon separation from employment in good standing (resignation or retirement with a two -week notice or medical separation) with five (5) or more completed years of consecutive employment will be eligible to be paid for their accrued balance of vacation leave up to a maximum of 400 hours. b. Employees hired on or after October 1, 2022, shall be entitled to be paid a percentage of their accrued balance of vacation leave up to a maximum of 240 hours. The percentage is as follows: • If separated before completing the first year - 0% • 1 Year but less than 5 years completed - 25% 5 Years but less than 10 Years completed - 50% • 10 Years but less than 20 Years completed - 75% • Over 20 Years -100% c. Vacation leave will not be approved or paid during an employee's last two (2) weeks of employment, except in the case of an emergency. An employee requesting paid vacation leave will be required to furnish proof of the emergency or a doctor's note verifying that the employee was medically unable to report to work. Failure to provide this documentation will result in no pay for the day(s) in question. M3.9 Separation from Employment - Exempt Employees a. Employees hired prior to October 1, 2022, upon separation from employment in good standing (resignation or retirement with a two -week notice or medical separation) will be eligible to be paid for their accrued balance of vacation leave up to a maximum of 400 hours. b. Employees hired after October 1, 2022 shall be entitled to be paid a percentage of their accrued balance of vacation leave up to a maximum of 240 hours. The percentage is as follows: 124 • If separated before completing the first year - 0% • 1 Year but less than 3 years completed - 25% • 3 Years but less than 5 Years completed - 50% • 5 Years or more -100% M4 - SICK LEAVE M4.1. Policy - It is the policy of the City of Sebastian to provide eligible employees with paid sick leave for personal illness, injury, or medical appointments, as well as for the immediate family members who are ill or injured. Sick leave is a benefit provided to protect employees against loss of income during periods of legitimate illness and should not be considered a right to time off for other purposes. M4.2. Scope - This policy only applies to regular full-time and regular part-time employees. Temporary, seasonal and contract employees are not eligible for paid sick leave unless otherwise required by law or specified in their employment terms. M4.3. Accrual of Sick Leave a. Regular full-time employees will accrue sick leave at the rate of ninety-six (96) hours per calendar year or 3.69 hours per pay period. b. Regular part-time employees working forty (40) hours or more per pay period will accrue sick leave at the rate of 1.846 hours for that pay period. Sick leave will accrue bi-weekly over twenty-six (26) pay periods. c. New employees start to earn sick leave from their date of hire. M4.4. Employees Not Eligible a. Temporary and seasonal employees are not eligible for sick leave benefits. b. Part-time employees working less than a forty (40) hour pay period are not eligible to accrue sick leave benefits. c. Sick leave does not accrue while an employee is on any unpaid leave. M4.5. Request for Sick Leave - a. Any employee who is incapacitated and unable to work shall notify their immediate supervisor or designee within one (1) hour prior to their scheduled reporting time and two (2) hours for Dispatch, except in an emergency situation. On the initial Day of being absent, the employee must call in to their supervisor. Upon approval of the immediate Supervisor, texts or emails will be accepted after the initial call. The employee shall state the nature of his/her incapacitation, its expected duration, and the expected period of absence. The employee shall repeat this procedure each day they are unable to report for work, unless excused by the Department Head. b. If an employee does not contact their supervisor for three (3) consecutive days, the employee will be automatically terminated unless there were mitigating circumstances such as being in a hospital and unable to communicate. c. If an employee is absent from work in excess of three (3) consecutive work days due to an illness, the employee must submit a doctor's note to the supervisor or Department Head, or their designee, attesting to the employee's ability to return to work with or without restrictions. If an employee is to be absent more than 3 days, the Human Resources Department must be contacted in order to obtain the Family Medical Leave Forms. 125 d. The minimum charge against the accrued sick leave balance will be in increments of fifteen (15) minutes. Fifteen (15) minutes shall be deducted from an employee's accrued leave balance for each quarter hour, or part thereof that an employee is actually absent from their duty station while out of work on sick leave. M4.6. Use of Sick Leave a. Sick leave maybe used for the following purposes: 1. Employee ill health, or; 2. Pregnancy; 3. Medical, dental, or optical treatment required during working hours; 4. Quarantine due to exposure to infectious disease; 5. Employee ill health while on annual leave; 6. In connection with Workers' Compensation; 7. For death in employee's immediate family (including extending bereavement leave); and 8. Illness of an immediate family member requiring the employee to remain at home. b. Sick leave may not be used for vacation. c. Whenever it appears that an employee is abusing sick leave, such as when an employee consistently uses sick leave immediately upon its being accrued or before and after vacation, holidays or weekends, the employee shall be required to furnish a doctor's note verifying that the employee was medically unable to report to work on those days. The City reserves the right to require a doctor's note provided that the employee has been notified of being placed on sick leave abuse status. Failure to provide such notice will result in no pay for the holiday and the day(s) in question. Abuse of sick leave shall constitute grounds for disciplinary action, up to and including termination. d. Sick leave may be used for absences due to illness or injury sustained while engaged in outside employment, provided the employee is not being compensated for the same time by the other employer. e. Employees may not use sick leave during their first sixty (60) days of employment. If an employee resigns or is otherwise terminated during the first six (6) months probationary period, they will reimburse the City for all sick leave used by deducting the cash equivalent of hours used from their final pay check. M4.7. Separation from Employment - a. Hired prior to October 1, 2022 Employees hired prior to October 1, 2022, upon separation from employment in good standing (resignation or retirement with a two -week notice or medical separation) will be eligible to be paid for their accrued balance of sick leave up to a maximum of 600 hours at the following percentages: 1. If separated before completing the first year - 0% 2. 1 year but less than 5 years completed - 25% 3. 5 years but less than 10 years completed - 50% 4. 10 years but less than 20 years completed - 75% 5. Over 20 years - 100% b. Hired On or After October 1, 2022 - 1. Employees hired on or after October 1, 2022 with consecutive employment, may accrue up to 480 hours plus accrued time for current year, totaling 12 days maximum (96 hours). This is to allow for Family Medical Leave. Sick time hours will not be paid out when the employee separates from the city. 126 c. Separation from Employment - Pertains to All Employees Regardless of Hire Date 1. Sick leave will not be approved or paid during an employee's last two (2) weeks of employment, except in the case of an emergency. An employee requesting paid sick leave will be required to furnish a doctor's note verifying that the employee was medically unable to report to work. Failure to provide this documentation will result in no pay for the day(s) in question. 2. If sick leave abuse/misuse is suspected or excessive sick leave use occurs, department heads may require their employees to provide a physician's note explaining the employee's illness. Any medical consultation for an employee's illness is at the employee's expense. 3. Employees will not pretend illness/injury, falsely report themselves ill/injured, or otherwise deceive/attempt to deceive a supervisor as to their health. M5 - SICK LEAVE DONATION M5.1. Purpose - The purpose is to establish guidelines for donating accrued sick leave to employees who qualify for Family Medical Leave Act or be authorized to receive donations for approved intermittent leave for a regimen of care related to their own serious medical condition under the Family and Medical Leave Act as approved by the Human Resources Director and the City Manager. M5.2. Policy - In order to provide a source of income to employees who have an illness or injury that did not occur at work and requires an extended absence from work, it is the policy of the City of Sebastian to permit employees to donate their accrued sick leave to and receive sick leave donations from other employees subject to the following provisions. M5.3. Scope - Only regular, full-time employees who have been with the City a minimum of one year are eligible to donate sick leave and to receive sick leave donations. M5.4. Sick Leave Donations Eligibility and Requirements a. Only regular, full-time employees are eligible to donate sick leave and to receive sick leave donations. Employees must be on leave for a qualifying Family and Medical Leave Act or be authorized to receive donations for approved intermittent leave for a regimen of care related to their own serious medical condition under the Family and Medical Leave act as approved by the Human Resources Director and the City Manager. The employee is only eligible once they have been employed with the City for a minimum of one year. b. All requests for sick leave donations must be submitted for approval through the Department Head to the Human Resources Department using the attached "Sick Leave Donations Request Form." Employees must provide the Human Resources Department with a completed "Certification of Health Care Provider for Employee's Serious Health Condition under the Family and Medical Leave Act" form (available in Human Resources) before a request for sick leave donations will be considered. The medical certification must be completed by the employee and the physician. The form will be placed in the employee's medical file. c. Requests for sick leave donation may be initiated when it is expected an employee will exhaust their accrued vacation, sick leave, personal leave and comp time due to an extended or an ongoing intermittent absence from work related to a regimen of treatment. Employees must first exhaust their own sick and vacation leave in order to receive sick leave donations. d. Participation in the Sick Leave Donation Plan shall, at all times, be voluntary on the part of the donating employee and the receiving employee. 127 e. Employees may use sick leave donations to supplement Short Term Disability and meets the requirements of the Family Medical Leave Act. f. Employees who donate their sick leave cannot reduce their sick leave balance to less than two weeks (80 hours). g. Employees who have given written notice of their intent to retire or resign are not eligible to donate sick leave. h. Sick leave may only be donated in hourly increments and will be credited on an hour -for -hour basis. i. Donations are credited to the recipient's sick leave account on an as -needed basis during the biweekly payroll process. Unused sick leave donations will be returned to the donor(s). j. Absences from work utilizing donated sick leave will also count towards the recipient's annual leave entitlement under the Family and Medical Leave Act as long as the recipient's medical condition satisfies the Family and Medical leave Acts definition of "serious health condition." k. Generally, the sick leave donation process terminates upon the employee's return to work, and any future need for sick leave donations will require submitting another written request to the department head. Such approval will be solely at the discretion of management's authority, based on business needs, and meets the criteria established under this policy. I. Employees who are able to continue working and who will be absent from work intermittently for a regimen of care related to their own serious medical condition under Family and Medical Leave Act may receive sick leave donations while on intermittent leave subject to prior approval by the City Manager and Human Resources Director, if applicable, or designee. Medical certification of the duration of the regimen of care must be submitted to Human Resources as a part of the medical certification process. The employee must first exhaust their accrued sick leave, personal leave, comp time and vacation leave before receiving sick leave donations. Routine intermittent absences from work related to chronic conditions do not qualify for sick leave donation(s). m. An eligible employee may receive up to 8 weeks of donated sick leave (based on budgeted hours) within the twelve-month span beginning the first day of the donation period. However, the total paid leave absences including the employees own accrued sick, personal, comp time and vacation leave as well as donated sick leave may not exceed 12 weeks unless approved in advance by the City Manager and Human Resources Director, if applicable. Such approval will be solely at the discretion of management's authority based on business needs. n. Donated sick leave credits received from the employee's spouse or other family member will be used first, in the order in which they are received. Sick leave donations from within the Department in which the employee works will be processed second, in the order in which they are received. Sick leave donations from outside the Department will be processed last, in the order received. o. Any employee who falsifies information; deliberately prolongs a medical leave under this program; attempts to buy, sell, or coerce individuals into donating hours; or abuses this program will be subject to disciplinary action, up to and including termination. M5.5. Sick Leave Donations - Not Eligible a. Employees are not eligible to receive sick leave donations in order to care for an ill or injured family member. b. Employees who are absent due to an elective procedure unrelated to a serious or prolonged illness or injury are not eligible to receive sick leave donations. c. Employees who have been disciplined within the previous 12 months for chronically being absent from work or for abusing sick leave are not eligible to receive sick leave donations. The discipline must be documented in the employee's personnel file in the Human Resources Department. 128 d. Employees who are on a Last Chance Agreement or received a Disciplinary Notice within the last twelve (12) months from the Sick Leave Donation Request are not eligible to receive sick leave donations. e. Employees who are injured in an accident caused by their use of alcohol, controlled substances, illegal drugs, or reckless behavior are not eligible to receive sick leave donations. f. Employees are not eligible to receive sick leave donations in order to supplement workers' Compensation Benefits. M6 - FAMILY MEDICAL LEAVE ACT (FMLA) The City agrees to grant request for leave of absence for medical reasons with or without pay in accordance with the Family and Medical Leave Act (FMLA) and City Policy. M6.1. Purpose - FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interested of employers to promote equal employment opportunities for men and women. M6.2. Policy - It is the policy of the City to grant eligible employees up to twelve (12) weeks of unpaid, job - protected leave during a 12-month period for qualifying family or medical reasons, in accordance with the FMLA. Certain military -related leave provisions allow up to twenty-six (26) weeks of leave to care for a covered service member. M6.3. Definitions - a. The Family and Medical Leave Act of 1993 (FMLA) allows eligible employees to take job -protected, unpaid leave or substitute appropriate earned/accrued paid leave for up to twelve (12) workweeks in a twelve (12) month period for specified family and medical reasons when certification is provided. Employees are eligible if they have worked for a covered employer for at leave twelve (12) months, and worked a minimum of 1250 hours during the twelve (12) month period preceding the commencement of the leave, and worked at a location with at least 50 employees at the location or within 75 miles of the location. The law also allows eligible employees to take up to 26 workweeks for leave during a single 12-month period if the employee is the spouse, son, daughter, parent, or next of kin caring for a military service member recovering from an injury or illness suffered while on active duty in the armed forces. The authorization for substitution of paid leave is regulated by the city. The city measures the "12-month period" as beginning on the first date FMLA Leave is taken. The next 12- month period would begin after completion of any previous 12-month period. b. Immediate Family Member - Employee's spouse, children (son or daughter), parents, and grandparents. c. Child - Biological son or daughter, adopted, foster child, step -child, legal ward, or child of a person standing in loco parentis who is under 18, or 18 or older, and incapable of self -care due to a mental or physical disability that limits one or more of the "major life activities" as those terms are defined in regulations issued by the Equal Employment Opportunity Commission. d. Parent - A person who stands or stood in loco parentis to an employee when the employee was a son or daughter. This term does not include "parent -in-law". e. Spouse - Husband or wife of the employee as defined or recognized under state law for the purposes of marriage in the state where the employee resides. f. Next of Kin - Nearest blood relative other than spouse, parent, son or daughter. 129 M6.4. Reasons for Taking Leave - Employees may request FMLA leave for the care of an immediate family member which includes: parent, spouse, son, daughter, and grandparents. Leave must be granted for any of the following reasons: a. The birth of the employee's child, and to care for the newborn child; b. The placement of a child with the employee for adoption or foster care, and to care for the newly placed child; c. To care for employee's spouse, child, or parent who has a serious health condition. d. A serious health condition including Worker's Compensation related injuries, which renders the employee incapable of performing the functions of his or her job. M6.5. Serious Health Condition - "Serious Health Condition" means an illness, injury, impairment, or physical or mental condition that involves: a. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in hospital, hospice, or residential medical care facility; or b. Continuing treatment by a health care provider which includes any period of incapacity (i.e., inability to work, attend school or perform other regular daily activities) due to a health condition (including treatment or recovery) that lasts more than three consecutive days, and any subsequent treatment or period of incapacity relating to the same condition that also includes: 1. A period of incapacity requiring absence from work of more than three consecutive calendar days from work, or other regular daily activities that also include: a) Treatment, two or more times by or under the supervision of a health care provider within 30 days of the onset of the incapacity. The first visit must be made in the first seven days. b) One treatment by a healthcare provider with a continuing regimen of treatment. 2. Any period of incapacity due to pregnancy, or for prenatal care. A visit to the healthcare provider is not necessary for each absence; 3. Any period of incapacity due to a chronic serious health condition; 4. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.). c. Any absences to receive multiple treatments (including any period of recovery) by, or on referral by a health care provider for a condition that likely will result in incapacity for more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.). M6.6. Military Caregiver Leave/Covered Service Member Leave - Eligible employees who are the spouse, parent, son, daughter or next of kin of a service member will be able to take up to 26 workweeks of leave in a "single 12-month period" to care for a covered service member with a serious illness or injury incurred in the line of duty on active duty. The service member must have a "serious illness or injury" incurred while on active duty that may render the member unable to perform the duties of his or her office, grade, rank or rating, and for with the member is: a. Undergoing medical treatment, recuperating or in therapy b. An outpatient c. On a temporary disability retired list. Where there are multiple family members with the same level of relationship to the covered service member, all such family members may take military caregiver leave, either consecutively or simultaneously. 130 Unless the service member designates in writing a specific person as "next of kin", the Department of Labor defines "next of kin" as: a. Blood relative designated in writing b. Blood relatives granted legal custody c. Siblings d. Grandparents e. Aunts/Uncles f. First Cousins M6.7. Paid/Unpaid Leave-_ FMLA leave is unpaid leave, but at the option of the employee or employer, this could be with or without pay. Employees may choose to use, or employers may require the employee to use, accrued paid leave (i.e., sick, vacation, etc.) to cover some or all of the FMLA leave taken. The employer is responsible for designating if an employee's use of paid leave counts as FMLA leave based on information from the employee. The city does require the employee to use their sick leave first then vacation, etc. The City does provide Short Term Disability in the event an employee is absent more than seven (7) days. M6.8. Concurrent Leave -All FMLA Leave time runs concurrent with short term disability, worker's compensation, or any qualifying event. FMLA may run concurrent with a Worker's Compensation absence when the injury is one that meets the criteria for a serious health condition, and proper notice is provided by the employer that it will and has designated the worker's compensation absence as FMLA. M6.9. Notice and Certification — a. Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA Leave when the need is foreseeable and such notice is practicable. b. The employer (City) requires the employee to provide: 1. Medical Certification issued by a health care provider supporting the need for leave for a serious health condition of the employee or the employee's immediate family member; 2. Second orthird medical opinions (at the employer's expense) and periodic recertification; and 3. Periodic reports during FMLA leave regarding the employee's status and intent to return to work. c. The employee is allowed at least 15 calendar days to obtain the medical certification. d. When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation. e. If the FMLA leave is for the employee, before the employee can return to work, he/she must provide documentation from his/her health care provider indicating any and all restrictions of work duties and the necessary accommodations. f. The city will try to accommodate the employee providing that it does not cause undue hardship for the city. M6.10. Procedure to Request FMLA Leave - When an employee is absent from work for three or more consecutive days on sick leave, the employee will receive a letter from the city advising that the days absent may qualify for FMLA. If the employee elects to use FMLA, they must notify the Human Resources Department in writing for the completion of the proper documentation. 131 a. Short Term Disability -The employee will also apply for Short Term Disability. b. Sick Time Donation Policy - If an employee does not have sufficient accrued leave balance to cover such absence, they must advise Human Resources Department in writing and complete a "request for donation. The request will be sent to all city employees. The employee must meet all the qualifications of the Sick Time Donation Policy. If no donation is received, the employee's leave will be unpaid. M6.11. Employee's Responsibility While on Leave - a. An employee granted a leave of absence in excess of twelve (12) weeks shall contact their department and inform their Director, or designee, on a monthly basis, (unless other reporting arrangements have been approved in advance), of their current status and intent to return to work. b. An employee on leave shall keep their department advised of any change in their current address and telephone number, if applicable. c. An employee who is granted a leave of absence must notify and make arrangements with the Human Resources Department prior to the effective date of the leave and advise if they wish to continue or discontinue any form of group insurance coverage. d. An employee who wishes to return to work on or before their leave is scheduled to expire, shall be required to provide the department with at least one (1) week prior notice. e. Extensions requested by the employee beyond the twelve (12) weeks must be requested in writing and require the approval of the Department Head, the City Manager, and the Human Resources Director. M6.12. Return from Leave of Absence/Job Restoration - a. An employee who returns to work within the twelve (12) week entitlement will be returned to the same position. If circumstances have changed so as to make that impossible or unreasonable as determined by the City Manager or Human Resources Director, the employee shall be placed in an equivalent position with equivalent benefits and pay. b. An employee who has utilized the twelve (12) week entitlement and is granted an extension shall be permitted to return to work to their prior position or classification providing a vacancy exists and they are able to perform the essential functions of the job with or without accommodation. If a vacancy does not exist, the City shall make a reasonable effort to transfer them within thirty (30) calendar days to a position forwhich they are qualified. If no position is available; they shall be terminated and shall be eligible for reinstatement to their classification fora period of one (1) year. c. An employee wishing to return to work from a medical leave of absence will be required to provide the department head with a one (1) week notice prior to their requested date of return, to include certification from the health care provider that they are available to resume all of the essential functions of their position, including regular attendance and is fit for duty. The city has a right to request a second or third examination, at the City's expense, prior to approving the employee's return to work. The City shall not be responsible for the employee's time and incidental expenses. M6.13. Job Benefits and Protection - a. For the duration of FMLA leave, the employer must maintain the health coverage for employee only under any "group health plan". b. An employer's obligation to maintain health benefits under FMLA stops if and when an employee informs the employer of any intent not to return to work at the end of the leave period, or if the employee fails to return to work when the FMLA leave entitlement is exhausted. 132 c. The employer's obligation also stops if the employee's premium payment is more than 30 days late and the employer have given the employee written notice at least 15 days in advance that coverage will cease of payment is not received. M6.14. Adverse Action - a. No adverse action can result from an employee's use of FMLA leave. For example, no discipline can be administered for taking FMLA leave and performance evaluations cannot reflect less favorably on the employee's performance. Questions concerning the interpretation, application and administration of this section as it relates to the Family Medical Leave Act should be directed to the Human Resources Department. b. In accordance with regulations of the Family Medical Leave Act, when an employee is granted leave for documented medical reasons and subsequently provides unequivocal medical notice that theywill not be able to return to work due to the inability to perform the essential functions of their job, the employee will be separated from employment with the City. The employee's entitlement to continued leave under the FMLA as well as the illness leave provisions will cease at the time of termination. M6.15. Unlawful Acts by Employers - FMLA makes it unlawful for any employer to: a. Interfere with, restrain, or deny the exercise of any right provided under FMLA. b. Discharge or discriminate against any person for opposing any practice made unlawful by, FMLA or for involvement in any proceeding under or relating to FMLA. M6.16. Enforcement - The U.S. Department of Labor is authorized to investigate and resolve complaints of violations. An eligible employee may bring civil action against an employer for violations. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or Local law or collective bargaining agreement which provides greater family or medical leave rights. M7 - SHORT-TERM DISABILITY M7.1. Short -Term Disability - Short-term Disability is available to employees who are on short-term illnesses of more than 7 days which are non -work -related injuries. M7.2. Short -Term Disability Requirements and Information a. An employee is eligible for short-term disability on the 11 of the month after 60 days. b. Short-term disability is effective after 7 days. c. All employee and employer forms must be completed and approved by the insurance carrier. d. The employee is paid 60% of their pay up to $1,500.00. e. An employee may use sick time, vacation time or personal time to be paid the remaining 40% of their pay. In the event they run out of sick time, vacation time, or personal time, they may request using the Sick Leave Donation Policy. 133 M8 - PERSONAL LEAVE M8.1. Policy - It is the policy of the City to provide eligible employees with paid personal leave each fiscal year. Personal leave is intended for short-term, infrequent absences due to personal reasons. Personal leave is a benefit, not an entitlement, and must be used responsibly and in accordance with the policy. Personal leave must be used and cannot be carried from one fiscal year to the next. If personal leave is not used, it will be forfeited at the end of the last full pay period of the fiscal year. M8.2. Scope - This policy applies to all regular full-time employees. Temporary, seasonal, and contract employees are not eligible for paid personal leave unless otherwise specified in their employment agreement. M8.3. Number of Hours of Personal Leave a. Non-Exemot: Each regular full time non-exempt employee shall receive twenty-four (24) hours of personal leave per fiscal year. 1. Employees starting during the year will get a pro-rata portion of the personal leave hours. a) 1 st three months (October - December) - 16 hours b) 2nd three months (January - March) - 8 hours c) 3rd three months (April -June) - 4 hours d) 4c1 three months (July - September) - 0 hours b. ExemDt: Exempt employees shall receive thirty-two (32) hours of Personal Leave per fiscal year. Personal leave can be taken in hourly increments. All Personal Leave must be requested and approved. 1. Any exempt employee starting during the year will receive a pro-rata portion of the personal leave hours as follows: a) 11 three months (Octoberthrough December) - 24 hours b) 2"d three months (January through March) - 16 hours c) 3rd three months (April through June) - 8 hours d) 4ch three months (June through September) - 0 hours c. Personal leave must be used by the last full pay period of the fiscal year or it will be forfeited. d. Personal leave will be taken in 15-minute increments. e. Personal Leave is not paid out upon separation of employment. f. Personal leave will not be approved or paid during an employee's last two (2) weeks of employment, except in the case of an emergency. An employee requesting paid personal leave will be required to furnish proof of the emergency or a doctor's note verifying that the employee was medically unable to report to work. Failure to provide this documentation will result in no pay for the day(s) in question. g. All Personal Leave must be used by the last full pay period of the fiscal year. If the employee has not used their Personal Leave by the last full pay period of the fiscal year, the Personal Leave shall be considered lost and forfeited. h. A new exempt employee is not eligible to take Personal Leave for the first sixty (60) days of employment unless approved by the Department Head and City Manager. M9 - LEAVE OF ABSENCE M9.1. Purpose - The purpose of this policy is to provide guidance on the granting and administration of leaves of absence, other than medical, for City employees. The City recognizes that employees may experience circumstances requiring time away from work beyond the provisions of standard paid leave 134 programs. This policy ensures that all requests for extended absences are handled consistently, fairly, and in compliance with applicable laws. M9.2. Policy - It is the policy of the City to allow eligible employees to request a leave of absence for valid personal, family, or other approved reasons. A leave of absence may be paid or unpaid, depending on the employee's available leave balances, the nature of the leave, and applicable regulations. All requests for leave of absence must be in writing stating the reason and length of the leave. The decision to grant a leave with or without pay (leave of absence) is a matter of management discretion. It shall be incumbent upon each Department Head to weigh and to determine each case on its own merits. The City Manager has final approval. M9.3. Scope - This policy applies to all regular full-time employees. Part-time, temporary, seasonal, or contract employees are not eligible for a leave of absence unless otherwise required by law or approved by the City Manager. M9.4. Requirements a. An employee may be granted a leave of absence for a period not to exceed twelve (12) months for good and sufficient reasons, which are considered to be in the best interests of the City. b. Such leave shall require the prior approval of the Department Head and the City Manager or their designee. Before a leave of absence without pay will be granted, the employee must exhaust all vacation leave, personal leave, compensatory and if appropriate, sick leave. c. The leave of absence may be withdrawn by the Department Head and City Manager, and the employee recalled to service if there is a need. d. An employee who obtains either part-time or full-time employment elsewhere while on an authorized leave of absence is required to notify his Department Head in writing within three (3) days of the acceptance of such employment orthey will be terminated from City employment. e. At least two (2) weeks prior to the expiration of the leave of absence, the employee must contact the Human Resources Department in order to facilitate the reinstatement process. f. Failure by an employee to return to work at the expiration of the leave of absence shall result in immediate dismissal from employment with the City. g. Under no circumstances shall the City provide any funds towards the pension or retirement plan while the employee is on an unpaid leave of absence. h. During the time the employee is on leave without pay, the employee will not accrue sick or vacation leave, unless the employee is on leave in accordance with FMLA. Accrual of classification seniority is suspended until they return to regular duty. City seniority continues to accrue, providing the leave without pay does not exceed twelve months. The employee loses both City and classification seniority after twelve months. L An employee on an approved leave of absence may continue to participate in the group insurance plan, provided that all necessary payments of the total premium are made by the employee. It is the employee's responsibility to keep premium payments current. 1. The insurance premium payment must be made by the 201h of the preceding month in which the payment is due. If the payment is not made by the 20th of the preceding month in which it is due, coverage will be canceled as of the beginning of the delinquent period. 2. If coverage is cancelled during an approved leave of absence, it may be reinstated upon the employee's return to active duty consistent with the plan's requirements. 135 M10- FLEX TIME M10.1. Policy - It is the policy of the City to permit flexible work schedules where operationally feasible and consistent with the needs of the department. Flex Time is a privilege, not an entitlement, and may be modified or revoked at any time based on the operational requirements of the city. M10.2. Scope -This policy applies to all full-time exempt employees only. M10.3. Exempt Hours of Work - Exempt employee's starting and stopping hours of work shall be at the discretion of the employee's supervisor, Department Head or City Manager. Exempt employees are scheduled to work a shift of eight (8) hours per day Monday through Friday. Employees timesheet should reflect their actual hours worked. An exempt employee is not eligible under the Fair Labor Standards Act for overtime pay or compensatory time, therefore the City may allow Flex Time. Flex Time is the ability to work at a time other than their regular scheduled eight (8) hour shift. For example, you attended a meeting the night before and the meeting lasted until 7:30 PM - 3 hours past the normal leave time. If approved by your supervisor, you would be permitted to report to work the next day or that week 3 hours later or leave 3 hours earlier. However, prior to changing hours to use flex time, the employee must obtain approval from their Department Director or the City Manager. Flex time is not cumulative and cannot be used after that pay period ends. Flex time will not be paid out upon separation from the City. Special circumstances for use of Flex time must be approved by the City Manager. MI - BEREAVEMENT LEAVE M11.1. Policy - Bereavement Leave is to provide paid time off for absences related to the death of an immediate family member. For purposes of this policy, an "employee's immediate family" is defined as the employee's spouse/domestic partner, parent/step parent/father-in-law/mother-in-law, child/step child, son/daughter in-law, brother, sister, grandparent/grandparent-in-law, grandchild, or any relative who is domiciled in the employee's household. The Department Head or their designee will approve Bereavement Leave. M11.2. Scope - This policy applies to all regular full-time and part-time employees. Temporary, seasonal, and contract employees are not eligible for paid personal leave unless otherwise specified in their employment agreement. M11.3. Granting of Bereavement Leave - Paid Bereavement Leave will be granted according to the following schedule: a. Three (3) Consecutive Days if the death is in the State of Florida. b. Five (5) Consecutive Days if the death is out of the State commensurate with scheduled shift hours (Not to exceed 40 hours). c. Part-time employees receive 2 consecutive work days (based upon their scheduled work hours). d. All Paid Bereavement Leave must be taken within 14 consecutive calendar days of the death unless approved by the City Manager. e. Bereavement Leave shall not be charged to vacation leave, personal leave, sick leave or to compensatory time. Any absence in excess of approved bereavement leave will be charged at the 136 employee's discretion to accrued compensatory time, vacation leave, sick leave, personal leave, or if no leave is accrued, to leave without pay. M11.4. Documentation of Death - Within thirty (30) calendar days from the date the employee returns to work from such absence, the employee will file a copy of the death certificate, obituary, bulletin from service of the deceased. Said document will be attached to a leave request form and forwarded to the Human Resources Department for processing. Failure to produce a document will result in the employee reimbursing the City for any paid leave taken under this policy. Any employee found to have falsified his or her request for Bereavement Leave will be disciplined up to and including termination. M11.5. Non -immediate Family Members - Employees have the option to use accrued vacation leave, compensatory time or personal leave for the attendance of funerals. Employees will supply their supervisor with written notification for this request as in a timely manner as possible. In the event the employee does not have any accrued vacation, compensatory, or personal leave, they may request to use sick leave or leave without pay. M12 - COURT LEAVE M12.1. Policy - a. Any employee who is required to appear as a witness resulting from the performance of his duties with the City shall be entitled to the following: 1. Regular Pay, if called to testify during regularly scheduled work hours. 2. A minimum of three (3) hours at one and one-half (1 1/2) times the employee's base rate of pay if called to testify outside the employee's regular hours of work. 3. In such cases, the employee will be required to assign the witness fee to the city. Employees attending court on behalf of the City, or any other public jurisdiction during their normal working hours shall receive leave with pay for the hours they travel to and from to attend court. The City of Sebastian Travel policy will be used for travel expenses, excluding jury duty. b. All employees subpoenaed to attend court on behalf of the City are eligible for leave with pay. Those employees who become plaintiffs or defendants for other than work related reasons are not eligible for leave with pay but may request to use accrued annual leave, compensatory time or personal leave. c. Employees who attend court on behalf of the City for only a portion of a regularly scheduled work day shall report to their supervisor when excused or released by the court. d. An employee required to attend court while on scheduled leave is entitled to a minimum of three (3) hours at one and one-half 0 1/2) times the employee's base rate of pay for each day and may be allowed to substitute that amount of pay instead of vacation, compensatory time, or personal leave for such period, provided that the court appearance meets the requirements of this policy. e. Employees who seek to receive leave with pay under this section shall present official notice of their subpoena to their supervisor at least twenty-four (24) hours in advance of the scheduled time, unless the employee actually receives less than twenty-four (24) hours advance notice. Employees who are required to be absent for Court Leave shall submit official documentation to their supervisor showing all days or hours of court leave upon return to work. f. Consistent with existing City policy, the employee shall remit to the City any and all compensation received for court leave on behalf of the City, excluding payment for travel and meals. 137 M13 - JURY DUTY M13.1. Policy - It is policy of the City to grant employees paid leave when they are required to attend court in connection with jury duty. Court leave ensures that employees may fulfill their civic duties without loss of pay or employment benefits. M13.2. Scope -This policy pertains to all regular full-time employees. M13.3. Reporting of Jury Duty - A permanent full-time employee shall be granted time off, not to exceed (80) hours, at the employee's regular pay for reporting to required jury duty upon presentation to the employee's supervisor of satisfactory evidence that such jury duty is required and provided the time required for jury duty is the employee's normal workday or work shift. In order to be eligible, the employee must report at least seven (7) calendar days prior to the date of jury duty to the immediate supervisor on the payroll system with the summons of the need to be absent because of a jury duty requirement. M13.4. Payment of Jury Duty - Any compensation received by the employee for jury duty shall be retained by the employee. An employee seeking jury duty leave must substantiate any compensation received for serving on jury duty by submitting a copy of the check(s) received or a copy of the receipt(s) for any cash received. M13.5. Release from Jury Duty - If an employee is released from jury duty within four (4) hours from the time required to report for such jury duty, the employee shall be required to report for duty on that date, provided that it is the employee's regular work day or shift. M14 - CONFERENCE LEAVE M14.1. Policy - The City may grant conference leave with pay, together with necessary travel expenses, for employees to attend conferences, schools, and similar events designed to improve their efficiency, if considered to be in the City's best interest. All leave and expenses will be recommended by the Department Head and subject to approval by the City Manager. M15 - ADMINITRATIVE LEAVE M15.1. Policy - The Department Head and City Manager may grant an administrative leave, with or without pay, to employees in order to attend conventions, seminars, conferences, and similar affairs where the purpose of these meetings has a direct connection to the business and/or approved programs of the City. Administrative leave with or without pay, determined by the Department Head and City Manager, and may also be approved for placing employees on special assignments as during periods of investigation. M15.2. Leave of Absence Without Pay (For requests not covered by the Family and Medical Leave Act) a. Duration and Approval 1. An employee serving an initial probationary period may be granted an informal leave of absence without pay not to exceed thirty (30) calendar days. Such absence may only be extended upon approval by the Department Head and the Human Resources Director, but the probationary period shall be extended to allow for any approved absence. The employee will be returned to their job, or an equivalent position, at the expiration of the informal leave. 138 2. An employee may request an informal leave of absence without pay for up to thirty (30) calendar days or a formal leave of absence without pay for a specified duration in excess of thirty (30) consecutive calendar days if necessary for personal or non-FMLA qualifying reasons, and all accrued leave has been exhausted. When possible, such leave should be scheduled at least two (2) weeks in advance. 3. The request for formal and informal leave must be approved by the employee's Department Head and the Human Resources Director. 4. The employee will be returned to their job, or an equivalent position, at the expiration of the informal leave (30) day period. An employee on a formal leave of absence (longer than 30 days) is not guaranteed to be returned to their position, or an equivalent position. An employee on leave in excess of 30 days under this policy does not have job protection, unless otherwise required by law. 5. Extensions to authorized leave of absence must be requested by the employee in writing and approved by the employee's Department Head and the Human Resources Director. 6. Note: Extended illness leave, annual leave or holiday time or any type of seniority except as noted otherwise in this section, will not be earned or accrued by an employee for the time that he/she is on a leave of absence without pay. M15.3. Employee's Responsibility While on Leave a. An employee granted a leave of absence shall keep their supervisor or Department Head informed periodically, or as stated in the leave, but at leave every thirty (30) days of his/her current status (school, military, etc.) and intent to return to work. b. An employee on a leave of absence shall keep their supervisor or Department Head advised of any change in their current address and telephone number. c. An employee is not permitted to accept either part or full-time employment elsewhere where the hours worked would conflict with the hours the employee normally works for the city. Exceptions may be made to this policy in unusual circumstances. Any employee who wishes to apply for an exception must do so in writing to the employee's department prior to accepting such employment. d. An employee who fails to comply with the above requirements may be removed from leave of absence status, in which case they must return to work or be terminated. e. An employee who wishes to return to work before their leave period has expired shall be required to provide the Department Head with at leave two (2) weeks prior notice, absent special circumstances. M15.4. Return from Leave of Absence a. An employee granted a leave of absence in excess of thirty (30) days is not guaranteed employment at the conclusion of the leave, unless required by law. Such employee shall be permitted to return to work providing a vacancy exists in their prior position or classification. If such vacancy does not exist, the City shall make a reasonable effort to transfer them within thirty (30) calendar days to a position for which they are qualified and able to perform the essential functions of the job. If no transfer is accomplished, they shall be terminated and placed on an eligibility list of their classification for a period of six (6) months. b. An employee reinstated to their prior classification from a leave without pay status shall be eligible to receive their prior rate of pay in addition to any general pay increases applicable to their classification. c. A leave of absence without Pay in excess of thirty (30) consecutive calendar days, other than as required by law, will result in a corresponding adjustment of the employee's anniversary date of employment and classification date. 139 d. Nothing in this policy is intended to or does conflict with the Americans with Disabilities Act. Any request for leave as an accommodation for a disability will be considered by the Department Head and the Human Resources Director, and protected leave may be granted for periods in excess of thirty (30) days if doing so is a reasonable accommodation in light of the individual circumstances. M15.5. Group Insurance Coverage During Leaves of Absence a. Group health and life insurance coverage for an enrolled employee and eligible enrolled dependents may be continued as follows: 1. Medical leave of absence related to employee's own health condition -12 months. 2. Other leave of absence - 6 months b. An employee shall notify the Human Resources Department in advance of their leave of absence to advise whetherthey wish to retain or discontinue his/her group insurance coverage while on leave. c. An employee who wishes to continue insurance coverage shall make payments to the Finance Department either on a monthly basis or a lump -sum payment, in advance equal to the authorized length of their leave of absence. d. If a request to discontinue health and additional life insurance has been completed, coverage will be terminated on the last day of the month for which coverage has been paid. e. If an employee's payments are not made after two months, thirty (30) calendar days after agreed upon payment date for leaves covered by the Family and Medical Leave Act, coverage will be canceled as of the last day for which coverage has been paid. f. If health insurance under an indemnity plan is canceled during an approved leave of absence, it will be reinstated upon the employee's return to work in accordance with the coverage requirements of the insurance. g. If health insurance is canceled during an approved leave of absence, it will be reinstated pursuant to the administrative procedures of the health insurance program, as amended or in accordance with the provisions of the Family and Medical Leave Act. h. If authorized leave exceeds six (6) months for unpaid leaves other than for a medical leave or twelve (12) months for a medical leave of absence, upon return, insurance will be reinstated on the first of the month after a waiting period of sixty (60) calendar days. i. An authorized leave without pay shall not constitute a break in service, but the time will not be credited toward retirement. M16 - MILITARY LEAVE M16.1. Policy - It is the policy of the city to accommodate its employees when it is necessary that they be away from their jobs for Military leave purposes. a. Annual Military Leave In accordance with applicable law, a regular employee who is a commissioned reserve officer or reserve enlisted person in a reserve component of the Armed Forces or the National Guard of the United States will be entitled to a leave of absence with full pay and without loss of benefits on all days during which they are engaged in training under the provisions of the U.S. military or naval training regulations up to a maximum of 240 hours any one calendar year. A regular employee who is a member of the United States Armed Forces Reserve, including the National Guard, will be entitled to a leave of absence for active duty with full pay and without loss of benefits up to a maximum of 240 hours in any one calendar year. For this purpose, active duty shall include instances in which the employee is called up to serve during civil disobedience (riots) or 140 hazardous materials incidents (hazardous waste/chemical gas leaks, etc.) or any other event during which the Governor is authorized to call up the state military (FSS 250.06(4)). In all cases, employees must provide copies of official orders prior to receiving benefits under these policies. Additionally, employees are required to notify the city of their military leave obligations as soon as possible, unless such notice is prohibited or unreasonable. The number of hours of daily paid leave provided to each employee shall be based on the number of hours the employee was normally scheduled to work on each workday the employee is absent due to military training oractive duty. While on military leave, the employee's position is held for them until their return. Maintenance of benefits is governed by the Uniformed Services Employment and Reemployment Rights Act of 1994. While on paid leave from employment resulting from training duty or active duty as defined above, each employee continues to earn both vacation and sick leave, accrue (and contributed to) retirement benefits, and continue eligibility for most employer provided benefits as though the employee was working their normal capacity. Retirement rights for military veterans are governed by USERRA. Employees who are called to active duty will qualify for benefits under the City's health insurance program for the shorter of a) 24 months, or b) the period ending on the day after the employee fails to apply for a return to a position of employment after completing leave in accordance with the time frame set forth below (see "application for re-employment'g. If on leave for thirty-one (31) days or more, they may be required to pay up to 102% of the full cost of the premium (employee and employer shares). An employee called to active duty may wish to retain coverage under the City's health insurance program for the purpose of providing continued coverage to dependents. In these situations, the city will continue to pay the employer's share of the family coverage benefit while the employee is on paid leave. As an alternative, dependents may have the opportunity to select coverage under the military insurance program. When an employee returns to work from active duty, they may reinstate their health and life insurance coverage without penalty. In the case of an employee who is called to active military status (not a voluntary enlistment), the employee shall receive his regular salary for the first thirty (30) calendar days if leave is in accordance with F.S. Chapter 115, followed by a supplement from the City to make up the difference (if any) between his military pay and his regular wages, for up to twenty-four (24) months following the first thirty (30) calendar days. As supplementation of military pay is voluntary, the City reserves the right to discontinue or modify the terms of this policy regarding supplemental pay. The City may also limit the amount and/or period of supplementation depending upon the length and/or frequency of military service. 141 b. Inactive Duty Training (Weekend Drills) An employee who is a member of the Armed Forces Reserve or the National Guard shall be excused from work to attend inactive duty training as required. Evidence of membership in the applicable organization and training orders shall be provided to the department by the employee. Requests for such absences from work can be made either orally or in writing. The submission of the applicable Reserve or National Guard training schedule will satisfy this requirement. In the event scheduled inactive duty training falls on an employee's duty day(s) he/she may request the use of annual military leave, annual leave, trade time assignments in conformance with departmental procedures or leave without pay. c. Recall to Active Military Duty An employee who is a member of a military reserve component or the National Guard who is ordered to active duty to fulfill their primary military obligation will be granted a military leave of absence without pay for this period of time. When the Governor of the State of Florida so orders for National Guard members, or the City Manager or their designee chooses to exercise the discretion given them by state law for military reservists, the employee's military pay may be supplemented by an amount determined by the City. d. Recall to Emergency Active Military Duty -Employees responding to emergency military orders shall be granted leave without pay for required absences as necessary, unless an exception to this policy has been approved by the City Manager. e. Induction or Enlistment into Military Service - A full-time employee who enlists, is drafted or inducted into the armed services for active duty shall be granted a military leave of absence for the initial period of enlistment. This leave shall be without pay. All monies due the employee (i.e., vacation leave, etc.) shall be paid at the time of their leaving the City employment to enter active military service. f. Application for Re -Employment - Under the Uniformed Services Employment and Reemployment Act, a deployed employee must report for duty at work after being released from the military obligation within a defined time period depending upon the amount of military time served. The time periods are as follows: 1. For periods of service of up to thirty (30) consecutive days, the person must report back to work on the first full calendar day following the completion of the period of service and safe transportation home, plus an 8-hour periods of rest. If reporting back within this deadline is "impossible or unreasonable" through no fault of the employee, they must report back as soon as possible after the expiration of the 8-hour period. 2. After a period of service of 31-180 days, the person must submit a written or verbal application for reemployment with the employer no later than 14 days after the completion of the period of service. If submitting the application within 14 days is impossible or unreasonable through no fault of the employee, they must submit the application as soon as possible thereafter. 3. After a period of service of 181 days or more, the person must submit an application for reemployment no later than 90 days after completion of the period of service. These deadlines to report to work or apply for reemployment can be extended up to two years to accommodate a period during which a person was hospitalized for or convalescing from an injury or illness that occurred or was aggravated during a period of military service. 4. In either case, the person does not automatically forfeit the right to reemployment, but will be "subject to the conduct rules, established policy, and general practices of the employer pertaining to explanations and discipline with respect to absence from scheduled work." Reemployment rights under USERRA extends to employees for up to five years of military service (consecutive or intermittent). 142 SECTION N LONGEVITY 143 SECTION N - LONGEVITY N1.1. Policy - It is the policy of the City to provide longevity pay to eligible employees as a form of recognition for extended, continuous service. Longevity pay will be awarded in accordance with the provisions of this policy and subject to budgetary approval. Employees covered by a union contract will supersede this policy. Longevity pay is a financial incentive offered by the City of Sebastian to reward long-term employees for their continued service. It is based on the number of years an employee has worked for the city. It takes the form of a percentage -based pay adjustment. The longevity pay reflects the city's commitment to valuing its workforce. Longevity is a benefit. N1.2. Scope - This policy applies to all regular full-time employees. Longevity is a benefit, therefore part- time, temporary, seasonal, and contract employees are not eligible for longevity pay unless it is agreed to during the hiring. Longevity begins when an employee begins continuous full-time employment. Example: An employee starting on January 5, 2019 in a part-time position but transfers to a full-time position January 5, 2022, begins longevity on January 5, 2022. No Part-time, temporary, or seasonal employment with the city will be counted toward longevity. All Union Contracts take precedence. N2- LONGEVITY PAY SCHEDULE NON-EXEMPT STATUS N2.1. Longevity Pay Schedule - Longevity pay will be awarded according to the following schedule: a. Non -Exempt Full-time employees hired prior to October 1, 2022 will be awarded Longevity pay according to the following schedule: 1. Employees, after having completed five (5) years of continued service with the city, will receive an increase in their base pay of three percent (3%). The three percent (3%) increase will be added to their base pay on the first full payroll period following their five-year anniversary date. 2. Employees, after having completed ten (10) years of continuous service with city, will receive an increase in their base pay of five (5) percent. The five percent increase will be added to their base pay effective on first full payroll period following the date of their ten-year anniversary date. 3. Employees, after having completed fifteen (15) years of continuous service with the city, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay on the first full pay period following their fifteenth -year anniversary date. 4. Employees, after having completed twenty (20) years of continuous service with the city, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay on the first full pay period following their twenty-year anniversary date. 5. Employees, after having completed twenty-five (25) years continuous service with the city, will receive an increase in their base pay of seven and one-half (7.5%) percent. The seven and one- half percent increase will be added to their base pay on the first full pay period following their twenty -five-year anniversary date. b. Non -Exempt Full-time employees hired on or after October 1, 2022, will be awarded Longevity pay according to the following schedule: 144 1. Employees, after having completed five (5) years of continuous service with the city, will receive an increase in their base pay of three percent (3%). The three percent (3%) increase will be added to their base pay on the first full payroll period following their five-year anniversary date. 2. Employees, after having completed ten (10) years of continuous service with the city, will receive an increase in their base pay of five percent (5%). The five percent (5%) increase will be added to their base pay the first full payroll period following their ten-year anniversary date. c. Employees in a probationary or suspension status for more than six (6) months due to a demotion or transfer for disciplinary reasons shall not begin receiving longevity pay increases until they are no longer on probation or suspension. Any pay increases will not be retroactive. N2.2. LONGEVITY -EXEMPT STATUS N2.2. Longevity - Exempt Employees - Longevity Pay shall be awarded according to the following schedule a. All exempt employees, after completing five (5) years of continuous service with the City, will receive an increase in their base pay of three percent (3%). The three percent increase will be added to their base pay effective on first full payroll period following the date of their fifth -year anniversary date. b. All exempt employees, after completing ten (10) years of continuous service with the City, will receive an increase in their base pay of five percent (5%). The five percent increase will be added to their base pay effective on first full payroll period following the date of their tenth -year anniversary date. c. All exempt employees, after completing fifteen (15) years of continuous service with the City, will receive an increase in their base pay of five percent (5%). The five percent increase will be added to their base pay effective on first full payroll period following the date of their fifteenth -year anniversary date. d. All exempt employees, after completing twenty (20) years of continuous service with the City, will receive an increase in their base pay of five percent (5%). The five percent increase will be added to their base pay effective on first full payroll period following the date of their twentieth -year anniversary date. e. All exempt employees, after completing twenty-five (25) years of continuous service with the City, will receive an increase in their base pay of seven and one-half percent (7.5%). The seven and one-half percent increase will be added to their base pay effective on first full payroll period following the date of their twenty -fifth -year anniversary date. 145 SECTION O RETIREMENT 146 SECTION 0 - RETIREMENT 01.1. Purpose - The purpose of the policy is to establish consistent guidelines for employee retirement from City service. The city recognizes and values the long-term contributions of its employees and aims to ensure that the retirement process is handled in a fair, respectful and organized manner. 01.2. Policy - It is the policy of the City to support employees in planning for and transitioning into retirement. The City provides eligible employees with retirement benefits through the applicable retirement system and offers guidance throughout the process. 01.3. Scope - The policy applies to all regular full-time employees. Part-time, temporary, seasonal, or contractual employees are not eligible unless otherwise specified by the applicable retirement plan. Employees covered by a Union Contract will supersede this policy. 02 - RETIREMENT BENEFITS 02.1. Retirement Benefits a. After October 1, 2025 1. a) Employee Pension Plan - The City of Sebastian provides a "Retirement Plan and Trust for General Employees" to offer financial security and stability for eligible employees upon retirement. The plan is established under City ordinance, 0-25-13 and administered in accordance with applicable federal and state laws governing public employee retirement systems. b) Participation in the Retirement Plan is mandatory for all eligible general employees as a condition of employment. The City of Sebastian makes contributions to the plan for all general employees. Employees do not have to contribute. The contributions are deposited into a designated trust fund established exclusively for the benefit of plan participants and their beneficiaries. c) The Retirement Plan is designed to provide retirement, disability, and death benefits to qualified members. The plan's assets are managed by a Board of Trustees, who are responsible for overseeing the investment of funds and ensuring the plan's long-term financial health and compliance with legal and fiduciary standards. d) Upon being hired, employees will receive a summary plan description and related documents outlining eligibility requirements, contribution rates, benefit calculations, vesting schedules, and procedures for retirement or withdrawal. Questions regarding the Retirement Plan should be directed to Human Resources. 2. Sworn Police Officers - The retirement system for sworn employees falls under the purview of the City of Sebastian Police Officer's Retirement System. b. Before October 1, 2025 1. Non -Exempt Employees Covered by a Union Contract - From April 29, 2001 to September 30, 2025, the City contributed to the CWA/ITU Negotiated Pension Plan (hereinafter sometimes referred to as the Plan) nine percent (9%) of an employee's earnings for each employee for purposes of providing pensions 147 on retirement, death benefits, and other related benefits for covered employees of the city. Only regular full-time employees were eligible for inclusion in the CWA/ITU Negotiated Pension Plan. Contributions were paid to the CWA/ITU Negotiated Pension Plan, c/o Frank M. Vaccaro & Asso., Inc. 27 Roland Ave., Suite 200, Mount Laurel, NJ 08054-1038, During the effective period of this Agreement, this benefit was paid monthly over a twelve (12) month period, which continued for the life of the Plan. For employees retiring and are vested with the CWA, as of September 30, 2025, please contact Frank M. Vaccaro & Asso. regarding retirement benefits. 2. Exempt Employees - The City of Sebastian contributes 9% of the exempt employee's gross pay to a Mission Square (ICMARC) 401(A) Plan. Mission Square (ICMARC) 401(A) Plan: New regular full-time employees are eligible for entry into this plan as of the first day of the next full pay period following 60 days from their date of hire. Employees transferring from a non-exempt position to an exempt position are automatically eligible for the 401(A). 03 - OTHER EMPLOYEE RETIRMENT PLANS 03.1. 457 Deferred Compensation Plan - A full-time employee may contribute to a Mission Square (ICMARC) 457 deferred compensation plan per IRS guidelines. The city does not contribute to the plan. The contributions are pre-tax. 03.2. Roth IRA - A full-time employee may contribute to a Mission Square (ICMARC) Roth IRA account per IRS guidelines. The city does not contribute to the account. The contributions are post -tax. 04.1. Human Resources Responsibility - If an employee is interested in opening a 457 or a Roth Account, the employee should contact Human Resources. 148 SECTION P INSURANCE BENEFITS 149 SECTION P - INSURANCE BENEFITS P1.1. Policy - It is the policy of the City to offer a competitive insurance benefits program designed to attract and retain qualified employees, promote wellness, and provide financial protection against illness, injury, or loss. The City reserves the right to modify, amend, or terminate any benefit plan in accordance with applicable laws and budgetary considerations. a. Employee Benefit Highlight Booklet - All Insurance Options, Benefit Plans, and Premiums are explained in the City's Annual Employee Highlight Booklet. P1.2. Scope - This policy applies to all regular full-time employees of the City and any Part-time employee working 30 hours or more. Part-time employees working 29 hours or less, temporary, or seasonal employees are not eligible for insurance benefits. P2 - TYPES OF INSURANCE P2.1. Insurance Options - The City of Sebastian provides a variety of insurance options in accordance with budgetary considerations and approval of City Council, which may include the following: a. Health Insurance - The City provides group medical insurance to eligible employees and their eligible dependents. Coverage options, plan choices, and premium contributions are reviewed annually during the open enrollment period. b. Health Savings Account (HSA) - An HSA is an interest -bearing account where funds may be used to help pay employee and dependent(s) deductible, coinsurance and any qualified health care expenses, including eligible dental and vision expenses, not covered by the plan. An HSA Account complies with the Internal Revenue Service (IRS) requirements. The City of Sebastian funds a percentage of the Employee Health Savings Account. The amount is based on the approval of the budget and City Council. Medicare and HSA Accounts - Any employee who is eligible for Medicare is not eligible to contribute to or receive funds for a Health Savings Account. c. Dental Insurance - Dental insurance coverage is available to employees and eligible dependents. d. Vision Insurance - Vision insurance coverage is available to employees and eligible dependents. It provides eye exams, corrective lenses, and frames. e. Life Insurance and AD &D - The City provides basic Group Life Insurance and Accidental Death and Dismemberment coverage at no cost to the eligible employee. f. Employee Assistance Program - The City cares about the well-being of all employees on and off the job and provides, at no cost, a comprehensive Employee Assistance Program (EAP). It offers covered employees and family members/domestic partners free and convenient access to a range of confidential and professional services to help address a variety of problems that may negatively affect employee or family member's well-being. g. Short Term Disability (STD) - The STD benefit pays the employee a percentage of weekly earnings if the employee becomes disabled due to an illness or non -work -related injury. STD provides a benefit of 60% of employee's weekly earnings up to a benefit maximum of $1,500 per week. h. Long Term Disability (LTD)- Any employee working 30 hours or more per week are eligible after one year of service. LTD benefit pays the employee a percentage of monthly earnings if the employee becomes disabled due to an illness or injury. It provides a benefit of 60% of the employee's monthly earnings up to a benefit maximum of $5,000 per month. 150 i. Supplemental Insurance 1. Life Insurance for Employee - Eligible employee may elect to purchase additional life and AD&D insurance on a voluntary basis. 2. Life Insurance for Dependents - Spouse and Children - Eligible employee may elect to purchase life insurance for their spouse and children. Employee must participate in the Voluntary Employee Life and AD&D plan for spouse to participate. 3. Group Critical Illness, Accident, Voluntary Disability, and Cancer - Employees have the opportunity to purchase a variety of voluntary supplemental plans. 4. Legal Services - Employees have the opportunity to purchase legal services. 5. Identity Theft Protection - Employees have the opportunity to purchase identity theft protection. 6. Flexible Spending Accounts (FSA) Limited Purpose/Dependent Care - Employees have the opportunity to set aside money from their paycheck (pretax) for reimbursement of dental and vision or day care expenses. The FSA does not cover medical expenses. Any funds in the FSA must be used throughout the year or lose it. Participation in the FSA allows for substantial tax savings and an increase in spending power. P2.2. Eligibility -The following employees and dependents are eligible for coverage: a. Full-time employees and part-time employees working more than 30 hours per week become eligible for insurance on the first of the month following sixty (60) days of continuous employment, unless otherwise specified by plan provisions. b. Dependents eligible for coverage generally include the employee's legal spouse/domestic partner, dependent children up to the plan's age limit, and any other dependents as defined by the insurance provider. c. Employees are responsible for notifying Human Resources of any changes in dependent eligibility (e.g., marriage, divorce, birth, adoption, or loss of dependent status) within thirty (30) days of the event. These events are classified as qualifying events. P2.3. Premiums of Insurance - a. Employee Participation - All Employees who participate in the group insurance coverage will pay a percentage towards the premium for group medical insurance coverage. The city will pay the remainder of the premium. The amount of the percentage may change annually. As of the 2025-2026 budget year, single employees pay $25.00 toward their group insurance coverage. b. Employees with Dependents - Any employee who elects to participate in the group insurance dependent coverage option plan will pay a percentage of the cost of the premium. The amount of the percentage may change annually. As of the 2025-2026 budget year, any employee who participates in the group insurance dependent coverage option plan will pay no more than sixty percent (60%) of the cost of the premium. c. The employee shall pay any additional supplemental insurance that is optional coverage. d. If the group medical insurance is declined, the employee will receive a specified dollar amount twice a month. The amount will be determined during Open Enrollment. As of the 2025-2026 budget year, the amount is Two -Hundred Dollars ($200.00) per month ($100.00 paid twice a month). e. The insurance premium may change each fiscal year based on renewal rates. It is at the City Council's discretion to change the rates of the employees based on the renewal rates and budget. 151 P3 — TERMINATION OF BENEFITS P3.1. Termination of Benefits - All benefits end on the last day of the month the employee resigns, retires, or terminates unless other arrangements have been made and approved by the Human Resources Director. COBRA information will be mailed to the employee. P3.2. Retirees a. Non -Exempt: Employees who retire or leave the City with twenty (20) years or more of continued service are eligible to continue their health insurance only for a maximum of 2 years and the city will pay no less than forty percent (40%) of the costs of single group medical coverage. This means the retired employee who has twenty (20) years of continuous service will pay no more than sixty percent (60%) of the insurance premium for single coverage. The insurance premium may change each fiscal year based on renewal rates. If the retired employee wishes to continue Dental, Vision, and Life Insurance for the 2 years, the retired employee will pay 100% of the cost. The Health Savings Account is NOT part of the retirement insurance. b. Exempt: Exempt Employees who retire or leave the City with twenty (20) years or more of continued service are eligible to continue only their health insurance for a maximum of 2 years. Exempt Employees will pay no less than fifty (50%) percent of the cost of single group health coverage. If the retired employee wishes to continue Dental, Vision and Life Insurance for the 2 years, the retired employee will pay 100% of the cost. The Health Savings Account (HSA Card) is not part of the retirement insurance. The insurance premium may change each fiscal year based on renewal rates. P4 - EMPLOYEE ASSISTANCE PROGRAM (EAPI P4.1. GENERAL- The city recognizes the Employee Assistance Program's (EAP) role in providing initial assessment and mental health referrals to employees and their dependents. EAP assistance is available on call, twenty-four (24) hours a day, seven (7) days a week and provides: Liaison — Psychological services. a. Early identification programs for troubled employees. b. Management consultation for employee problems related to duties. P4.2. Referrals - Referrals for employees facilitating preventive health programs including but not limited to stress management seminars, smoking cessation workshops, weight loss programs, parenting classes, and spousal support programs. P4.3. Referral Methods - There are three (3) ways EAP makes referrals for employees and their families; voluntary, department -recommended, or department -directed. Referrals may be for counseling, mental health service, or fitness for duty evaluations/psychological evaluations. Referrals can be made for many reasons such as substance abuse, eating disorders, bereavement, and/or family crisis situations. a. Voluntary Participation: 1. Voluntary participation occurs when employees voluntarily contact EAP. Information shared by employees is confidential and cannot be released inside/outside the city without their written permission, except if there is a clear and immediate chance of bodily harm to the client or others, or in child abuse cases. 152 2. The city will not initiate an investigation/complaint based on an employee's request for professional assistance. EAP participation will not preclude investigations/disciplinary actions from a related investigation/complaint. b. Department -Recommended Referral 1. Supervisor referrals will be based on observed deteriorating job performance/unusual behavior exhibited by an employee. Supervisors should contact Human Resources/EAP to discuss options before referral. 2. Department Directors can authorize an employee to seek assistance on duty. This type of referral is treated as voluntary participation. The City retains the right to stipulate a reasonable number of sessions attended on duty. 3. Department recommended referrals are not disciplinary procedures and not considered an alternative to disciplinary action. c. Department -Directed Referral 1. Supervisors should immediately contact their chain of command if their employee's actions require immediate psychological/psychiatric evaluation to decide fitness for duty/ability to perform on the job. 2. If chain of command agrees with the supervisor's evaluation, they will contact the Human Resources Director who will make the decisions whether or not to contact the EAP coordinator. P4.4. Responsibilities of the Human Resources a. Managing information between the provider and the Human Resources Director. b. Calling -out external mental health providers in emergency situations. P5 - POST TRAUMA DEBRIEFING AND THE EAP P5.1. Notification of Trauma - a. Supervisors will immediately notify the EAP coordinator if an employee inflicts, sustains, or witnesses traumatic incidents involving use of deadly force or other severe job -related incidents. b. The EAP coordinator will participate in the Critical Incident Debriefing and initially evaluate employees involved in a critical incident. Debriefings are considered voluntary for purposes of privacy and confidentiality. c. Continuation of duty schedules or changes in employee's status should be decided by the employee's supervisor and department head based on consultation with EAP. d. On-going/follow-up treatment may be needed and can be obtained via the EAP coordinator. P6 - EARLY INTERVENTION PROGRAM AND THE EAP P6.1. Intervention a. The city recognizes the need to identify and assist employees having displayed behaviors and tendencies consistent with job -related stress which, if not corrected, could lead to a decline in job performance. The goal of early intervention is to offer assistance to employees and is not a form of discipline. b. Early Intervention is managed by the Department of Human Resources in conjunction with EAP, who oversees all referrals within the program. The EIP identifies employees using the following: 153 1. Observation - First -line supervisors identify behaviors suggesting an employee's current job functions are diminished or impaired. Supervisors document observations and discuss various available options. 2. Statistics - Employees with three (3) or more sustained/not sustained charges/complaints in three (3) months or five (5) charges or complaints in a year are identified and the employee's supervisor is notified. Supervisors then discuss the incidents with their employee and review available intervention options. c. Examples of interventions offered are training, psychological services, or other strategies developed in conjunction with the EAP coordinator. P7 - MANAGEMENT CONSULTATION AND THE EAP P7.1. Assistance - Supervisors and department directors may request technical assistance on: a. Personal management style and its psychological impact on their employees. b. Employee management problems existing under their authority. c. Other problems related to their duties. P8 - TRAINING AND THE EAP P8.1. Training - In coordination with Training, EAP offers training resources to employees on: a. Substance Abuse b. Alcoholism c. Mental Health Issues d. Depression and anxiety e. Identity issues f. Stress management education g. Medical concerns such as supportive counseling, rehabilitation issues and physical handicap. h. Financial dilemmas including supporting counseling for budget, credit card abuse, bankruptcy and gambling. i. Domestic difficulties dealing in the areas of family communication, parenting, separation, divorce, child counseling. j. Counseling for legal issues such as personal liabilities, arrest, child custody. k. Work related issues regarding absenteeism, tardiness, work quality, excessive sick leave, employee relations etc. P9 - COST TO EMPLOYEE AND THE EAP P9.1. Cost to Employee - a. EAP and voluntary referrals to contracted providers are free (up to 6 visits) to employees and their families. b. The city will assume the cost on cases using contracted providers for department -directed referrals. All department -directed referrals must be authorized via the EAP coordinator. 154 SECTION Q DRUG FREE WORKPLACE 155 SECTION Q - DRUG -FREE WORKPLACE Q1.1. Purpose — The purpose of this policy is to maintain a safe, healthy, and productive work environment for all employees, to protect the public, and to comply with federal and state laws, including the Drug -Free Workplace Act of 1988. The City of Sebastian is committed to maintaining a safe, healthy, and productive work environment free from the effects of drug and alcohol abuse. Q1.2. Policy - The City of Sebastian is dedicated to ensuring the safety and well-being of its employees and the public it serves. The city is committed to providing a drug -free workplace. The unlawful manufacture, distribution, dispensation, possession, being under the influence of unauthorized prescription medications or use of controlled substances or alcohol in the workplace, on City premises, or while conducting official business off premises is strictly prohibited. Nothing in this policy is construed as a city obligation to provide/pay for substance abuse counseling except as provided in the City's benefits package. Q1.3. Scope - This policy applies to all city employees, contractors, interns, volunteers and applicants. It covers all work locations, city vehicles, and any city -sponsored events or activities. Q1.4. Definitions a. Accident: Incidents where an employee's injury cannot be classified as first aid under Florida Workers' Compensation or property damage is estimated to be at least $100. b. Alcohol: Beverages, mixtures, or preparations containing ethyl alcohol. c. Chain of Custody: Tracking method for specified tested materials/substances that maintains control/accountability from initial collection to final disposition. Reports test results and provides accountability for specimens at each stage of handling, testing, and storing. d. Confirmation Test/Confirmed Drug Test: Second analytical method (split specimen) used to identify a presence of specific drugs/metabolites for a specimen that was positive on initial screening. Confirmation tests are different in scientific principle from initial test procedures. This confirmation must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. Confirmation tests used for alcohol is gas chromatography and gas chromatography/mass spectrometry for drugs. e. Controlled Substance — Any drug or substance listed in the Controlled Substances Act (21 U.S.C. Subsection 812) and its implementing regulations. f. Drug: Alcohol (intoxicating liquor, distilled spirits, wine, malt beverages); amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benszodiazepines; synthetic narcotics; designer drugs; or metabolite of listed substances. g. Drug Test/Test: Chemical, biological, or physical instrumental analysis administered to determine the presence/absence of drugs or metabolites. h. Initial Drug Test: First drug test used to identify negative/presumptive positive specimens. Initial alcohol tests use enzyme oxidation methodology and Food and Drug Administration approved immunoassay procedure for other drugs. More accurate scientifically accepted methods approved by HRS may be used for initial drug tests as more accurate technology becomes available. i. Nonprescription Controlled Substance: Amphetamines; cannabinoids; cocaine; phencyclide (PCP); hallucinogens; methaqualone; opiates; barbiturates; bensioazepines; synthetic narcotics; and designer drugs obtained without a prescription. j. Nonprescription Medication: Medication authorized per state/federal laws for general Distribution and use without a prescription in the treatment of human disease, ailment, or injury. k. Prescription medication: Drug/medication obtained by prescription per FS 893.02. 156 I. Reasonable Suspicion Drug test: Drug test based on the possibility an employee is using/has used drugs in violation of policy and determined by reasonable facts based on: 1. Direct observation of drug use/physical symptoms or indications of being under influence of a drug. 2. Abnormal conduct/behavior at work or job performance deterioration. 3. Drug use reports given by reliable/credible sources, independently corroborated. 4. Evidence employees tampered with drug tests during their employment with the city. 5. Information that on -duty employees caused/contributed to an accident. 6. Evidence employees used, possessed, sold, solicited, or transferred drugs while on duty, on City premises, or while operating a city vehicle, machinery, or equipment. m. Specimen: Body tissue/products revealing the presence of alcohol/drugs or their metabolites. n. Threshold Detection Level: Level where drugs/alcohol presence can be reasonably expected to be detected by initial/confirmatory tests performed by laboratories meeting standards in Florida Administrative Code 38F9.001. Threshold detection levels indicate the level where conclusions can be drawn that drug/alcohol is present in the sample. o. Under the Influence - When an employee's job performance, safety, or behavior is adversely affected by alcohol, illegal drugs, or misuse of prescription medication. p. Workplace - Any location where City business is conducted, including vehicles, buildings, and worksites. 02 - PROHIBITED CONDUCT Q2.1. Behaviors Prohibited - The following behaviors are prohibited and may result in disciplinary action up to and including termination: a. Possession, use, sale, manufacture, distribution, or transfer of illegal drugs, controlled substances, or unauthorized prescription medications on city property or during work hours. b. Reporting to work or being on duty under the influence of drugs or alcohol. c. Misuse of prescription or over-the-counter medications that impair job performance or safety. d. Refusal to comply with required drug or alcohol testing procedures. Q2.2. City Rules a. Employees will not use drugs or controlled substances, except when lawfully prescribed by a physician, dentist, or pharmacist. b. Employees taking drugs or controlled substances that may impair their ability to function properly will notify their supervisor before reporting for duty. c. Employees will not remain at work while their ability to perform their required work is impaired by any substance or medication. d. Employees will not be allowed to drive any type of vehicle or equipment while they are taking a drug or controlled substance prescribed by a doctor, dentist or pharmacist that could impair their driving abilities. e. Harassing/retaliating against employees/supervisors who, in good faith, report alleged violations of this policy. f. Trying to defeat/tamper with a drug test will result in termination. 157 03 - DRUG AND ALCOHOL TESTING 03.1. Testing -The City of Sebastian is a drug -free workplace, and conducts drug testing in accordance with applicable law. The City conducts the following types of drug/alcohol testing, in accordance with the provisions of the Florida Drug -Free Workplace Act and Florida Drug -Free Workplace Program requirements (F.S. Chapter 112.0455 and Chapter 440.102 et seq) and the United States Department of Transportation regulations governing drivers of commercial motor vehicles, as follows: a. Applicants for Full-time, Part-time, Temporary Positions 1. Applicants for full-time, part-time, temporary, consultants and positions who have been made an offer of employment conditioned upon successfully passing an employment screening examination, will be tested for the presence of alcohol and illegal drugs, as part of the post - offer requirements. Final employment offers will not be made until the drug/alcohol test has been administered and the results are known. Candidates who have a confirmed positive test for alcohol or illegal drugs will not be hired by the city. b. Reasonable -Suspicion Testing: The city may require an employee to undergo testing when there is a reasonable suspicion to believe that the employee has possessed, used, distributed, or been under the influence of illegal drugs or alcohol in violation of this policy. A reasonable suspicion is suspicion which is based on facts derived from the surrounding circumstances from which it is reasonable to infer that further investigation is required. A supervisor may suspect that an employee is using or is under the influence of illegal drugs or alcohol by observing certain symptoms or behavior, including, but not limited to: 1. Excessive absenteeism or chronic lateness. 2. Drowsiness or sleepiness. 3. Alcohol on breath. a) Employees will not consume alcoholic beverages while atwork. b) Employees will not consume alcoholic beverages while wearing any uniform that identifies them with the City of Sebastian. c) Employees will not consume alcoholic beverages while away from work to the extent: 1) It results in inappropriate/offensive behavior, tending to discredit himself or herself or the City of Sebastian. 2) It renders them unable/unfit to report for work (i.e., illness, impairment, or apparent indication of recent alcohol use). 4. Slurred or incoherent speech. 5. Aggressive behavior. 6. Unexplained change in mood. 7. Lack of manual dexterity or coordination. 8. Arrest for drug or alcohol related crime 9. Documented trustworthy information received from a third party. 10. Abnormal behavior while at work or a significant deterioration in work performance. 11. Evidence that the employee has tampered with a drug test. c. On the Job Injury/On the Job Motor Vehicle Collision Testing - Employees who cause, contribute, or are involved in an on-the-job injurywill undergo a Urine Drug Screen at the time medical treatment is administered. Additionally, an alcohol screen may be required, as deemed necessary by the City's Human Resources Director based upon the facts relating to the incident. Employees operating a city vehicle involved in a motor vehicle collision will be tested as follows: 158 1. Drivers of commercial motor vehicles that require a commercial driver license, will undergo drug and alcohol testing in accordance with controlling law if involved in an on-the-job motor vehicle collision while operating a city vehicle. 2. Drivers of non-commercial vehicles will undergo drug and alcohol testing pursuant to controlling law and criteria established by the United States Department of Health and Human Services if involved in an on-the-job motor vehicle collision while operating a city vehicle. This may include: testing of urine, hair, blood and other body specimens that are appropriate for drug and alcohol testing at the time of the accident. 3. All testing will be administered immediately following the motor vehicle collision, or as soon as possible. 4. Employees shall not drive a city vehicle until results from the drug/alcohol screening facility are received and the city is notified of the employee's cleared status. 5. The employee may return to work prior to the receipt of the results of the drug/alcohol screen but are not allowed to drive or operate a city vehicle. d. Testing for Drivers of Commercial Motor Vehicles Involved in Accidents - Drivers of commercial motor vehicles who are charged with a traffic citation for an accident or who are operating a commercial motor vehicle involved in an accident in which a fatality occurs (whether charged or not) are subject to drug /alcohol testing. e. Random Testing for Operators of Commercial Motor Vehicles: Employees whose job duties require a Commercial Driver's License (CDL) for operation of a commercial motor vehicle will be selected in an unbiased manner, randomly throughout the year, for drug and alcohol testing, as follows: All CDL operators names will be sent to a third party where 10% of the operators of commercial motor vehicles will be tested for alcohol and 50% of the operators of commercial motor vehicles will be tested for drugs annually. Random testing takes place quarterly. f. Testing for Sworn Police Officers: Employees whose job duties are that of a sworn police officer will be drug tested if involved in vehicle accidents or if there is suspicion of drug use. g. Routine Fitness -for -Duty Testing: Employees may be drug tested as part of any routinely scheduled employee fitness -for -duty medical exam. h. Follow-up and Return to Duty Testing: Employees who have failed a drug/alcohol test and are permitted by the city to return to work after completing treatment for alcohol or drug abuse will be tested prior to returning to work and will be subject to unannounced follow-up testing on a quarterly, semi-annual, or annual basis for a period up to two (2) years, or for a period of up to sixty months for drivers of commercial motor vehicles (with at lease six tests conducted within the first twelve months following return to work). L Additional Testing: Additional testing may also be conducted as required by applicable state or federal laws, rules, or regulations, or as deemed necessary by the city. 04 - LEGAL AND AUTHORIZED SUBSTANCE USE 04.1. Prescription and Over -the -Counter Medications a. Employees using prescription drugs or over-the-counter medications that may impair their ability to perform their duties must inform their supervisor or Human Resources. b. The city will assess accommodations for medical needs as required bylaw, ensuring workplace safety in not compromised. 159 05 - EMPLOYEE ASSISTANCE PROGRAM Q5.1. Employee Assistance Program and Abuse - The City encourages employees with substance abuse issues to seek help voluntarily before performance or conduct becomes a concern. Employees may access confidential support through the city's Employee Assistance Program (See Section P4 — Insurance Benefits or Employee Benefit Highlight Handbook). a. EAP provides assistance to employees and their families suffering from alcohol/drug abuse. b. It is the employee's responsibility to seek assistance from EAP before alcohol/drug problems lead to disciplinary actions. c. Assistance should not be construed as condoning any form of substance abuse nor interpreted as a waiver of the City's right to maintain discipline, a safe environment, or respond to unsatisfactory job performance/other problems due to substance abuse. d. If a violation of this policy occurs, subsequent use of EAP on a voluntary basis may not lesson the disciplinary action and may have no bearing on the disciplinary decision. e. The employee's decision for prior EAP assistance will not be used as the basis for disciplinary action and not used against the employee in any disciplinary proceeding. Q6 - COMPLIANCE WITH FEDERAL AND STATE LAWS 06.1. Compliance - As a recipient of federal funds, the city complies with the Drug -Free Workplace Act of 1988 and any applicable state and local laws. Employees are required to: a. Abide by this policy as a condition of employment. b. Notify their supervisor or HR within five (5) days of any conviction for a drug -related offense occurring in the workplace. Q7 — DISCIPLINARY ACTION Q7.1. Disciplinary Actions - Violation of this policy may result in disciplinary action, up to and including termination of employment. Depending on the circumstances, employees may also be required to complete a rehabilitation program as a condition of continued employment. Factors such as the nature of the offense, the employee's role, and prior conductwill be considered in determining consequences. Q7.2. Refusal to Take a Drug Test - Employees refusing to take a drug test will result in immediate disciplinary action up to and including termination. Q7.3. Tampering with Drug Test — Employees trying to defeat or tamper with a drug test are treated as employees with positive confirmed drug tests and will be disciplined up to and including termination. 08 -POSITIVE DRUG TESTS Q8.1. Positive Drug Tests a. Employees injured in an on -duty accident or while conducting City business with a positive confirmed drug test will forfeit medical and indemnity benefits per Florida Workers' Compensation, related laws, and applicable drug test rules. b. Employees with positive confirmed drug tests may be terminated, however this depends on the circumstances of the case. 160 c. Employees terminated for a positive confirmed drug test will forfeit Unemployment Compensation Benefits per Florida Workers` Compensation, related laws, and applicable drug test rules. 09 - EXCEPTIONS Q9.1. Undercover Operations - Per 41 USCS 707, the City Manager may decide compliance with 41 USCS 701 would be inappropriate for undercover operations. In these circumstances, nothing in 41 USCS 701 is construed to require the City to comply with 41 USCS 701 and employees engaged in activities normally considered prohibited by this policy are exempt. Q9.2. Off -Duty Employees and Emergency Situations - Off -duty employees required to report for work/perform work duties due to emergencies are exempt from this policy for moderate consumption of alcohol only or they should state they were consuming alcohol. This exemption does not apply to other substances. If blood alcohol levels reach or exceed 0.08, this exemption is lost and employee is subject to discipline per policy and procedures. Q9.3. Exception Does Not Apply - This exemption does not apply to employees with alcohol abuse problems. 010 - EMPLOYEE RESPONSIBILITIES Q10.1. The following are all employee responsibilities - a. It is an employment condition under federal grants that employees engaged in the grant will notify Human Resources, in writing, of any criminal drug conviction in the workplace no later than five (5) calendar days after the conviction. Human Resources will notify the grant -funding federal agency within ten (10) days after receiving notice on criminal statute convictions of employees engaged in the grant. Within thirty (30) days of Human Resources receiving notice that an employee engaged in a grant was convicted of criminal drug activity, appropriate action is taken against the employee consisting of: 1. Disciplinary action up to and including termination. 2. Successfully participating in a drug abuse assistance/rehabilitation program approved by a federal, state, local law enforcement, or other appropriate agencies. b. Employees taking administrative/civil actions due to results of a drug test per FS 440 are required to notify the testing laboratory of the action. 161 SECTION R VEHICLES 162 SECTION R- VEHICLES R1.1. Purpose - The purpose of this policy is to ensure the safe, lawful, and efficient use of City -owned vehicles. This policy establishes responsibilities and standards for employees who operate City vehicles or use their personal vehicles for City business. R1.2. Policy - City vehicles are provided to employees for official City business only. They are an integral part of the City's function. They are not to be taken outside of the Citys limits unless approval by Department Director or Supervisor. All employees who operate City vehicles are expected to do so responsibly, safely, and in compliance with all applicable laws and City policies. Misuse of City vehicles may result in disciplinary action, up to and including termination. All employees are required to obtain a valid Florida Drivers' License. Employees operating City vehicles classified as commercial vehicles are required to obtain a valid Florida Commercial Driver License. R1.3. Scope - This policy applies to all City employees, volunteers, and officials who are authorized to operate or have access to City vehicles. R2 - AUTHORIZED USE R2.1. Authorized Use - a. City vehicles shall be used only for official City business and not for personal errands or travel unless approved by the City Manager. b. Employees must be authorized by their Department Director or supervisor before operating a city vehicle. c. Only City employees are permitted to operate City vehicles. Passengers who are not City employees may be transported only for legitimate City business and with supervisor approval. d. Vehicles must not be used to transport family members, friends, or non -employees unless expressly authorized for City purposes and approved by the City Manager. e. Vehicles may not go outside of City limits without Department Director's or Supervisors approval. f. Vehicles may not be used for personal reasons during lunch. Vehicles must be returned to Public Works or their morning location before going to lunch unless the Department Director or Supervisor has given approval. g. Employees operating city vehicles must comply with all federal, state, and local traffic laws and regulations. R3 - SAFETY R3.1. Safety Protocols a. Seat belts must be worn by all occupants at all times when the vehicle is in operation. b. The use of mobile devices while driving is prohibited unless utilizing hands -free technology. This includes but not limited to a cell phone, or other electronic device. Texting is also prohibited. c. Employees will not smoke, vape, or use any nicotine products in any city vehicle. The city vehicles should be treated as though they are the same as a city office. d. Employees will not operate and/or park City vehicles in a way that causes unfavorable comments or that reflects discredit upon the City. 163 e. To prevent theft of a city vehicle or its contents, employees are responsible for properly securing the vehicle after each time it is used. Unattended City vehicles must be locked if not in use, properly secured, and legally parked. Failure to properly secure a city vehicle or its contents may result in the employee being disciplined and held financially responsible. f. Employees will report any improper conduct observed or violation of regulation of other employees operating City vehicles. R4 - VEHICLE MAINTENANCE AND INSPECTION R4.1. Vehicle Maintenance and Inspection a. Operators are responsible for conducting a pre -trip inspection to identify any potential safety issues, such as checking lights, tires, windshield, dents, scrapes, and brakes. Employees are responsible for ensuring the vehicle is refueled. b. Any defects or maintenance needs must be reported immediately to the Fleet Department. c. Vehicles should be kept clean and free of unnecessary items. R5 - VEHICLE ACCIDENTS R5.1. Accident Reporting a. Any accident, regardless of severity, must be reported immediately to the supervisor, law enforcement (if applicable), and Human Resources/Risk Management. b. Employees must follow the city's accident reporting procedures. The Supervisor Accident Report and Liability Investigation Report will be completed and returned to Human Resources within 24 hours. c. Employees must not admit fault or liability at the scene of an accident. d. Employees involved in accidents will be required to submit to post -accident drug and alcohol testing in accordance with the City's Drug -Free Workplace Policy. e. Obtain all information (Names, Address, Phone number and insurance information) of any other parties involved, take photographs, etc. Complete a Liability Investigative Report Form and send to Human Resources. If a form Accidents and Disciplinary Action - Example: 1 st preventable accident on 4-22-24. Twelve-month annual period will run to 4-22- 25. Note: The next preventable accident after 4-22-25 will start a new twelve-month annual period. Disciplinary action for preventable accidents will be as follows: ■ First preventable accident- Reprimand and counseling. ■ Second preventable accident - Reprimand and loss of ten (10) hours during a rolling twelve (12) month period; remedial driver training. ■ Third preventable accident within reprimand - automatic suspension for forty (40) hours during a rolling twelve (12) month period; loss of driving privileges for three (3) months, and /or remedial driver training or dismissal from employment. ■ Forth preventable accident within Reprimand - automatic suspension for eighty (80) hours during a rolling twelve (12) month period; loss of driving privileges for nine (9) months or dismissal from employment. 164 R6 - ALCOHOL/DRUGS IN CITY VEHICLE R6.1. Alcohol and/or Drugs in City Vehicle - Violations will result in discipline up to and including termination. a. Alcoholic beverages will not be carried in City vehicles. b. Drugs will not be carried in City vehicles unless lawfully prescribed by a licensed physician. c. Employees using City vehicles are banned from patronizing liquor stores, bars or any establishment which may result in public criticism and embarrassment to the city. R7 - OPERATING CITY VEHICLE R7.1. Operating a City Vehicle - Employees will operate City vehicles carefully and prudently. They will obey all State of Florida laws and policies regarding vehicle operation. Employees will set a .proper example via their vehicle operation. R7.2.Operating a City Vehicle While Impaired - Employees will not operate any City vehicle while their faculties are impaired by either alcohol, narcotic drug or illegal substance. If doing so, will result in discipline up to and including termination. R8 - FLORIDA COMMERCIAL DRIVERS' LICENSE (CDL) 118.1. Florida Commercial Drivers' License (CDL) Information - FS 322 provides requirements for a Florida Commercial Driver License that replaced the Florida Chauffeur License. Persons wanting to become licensed commercial motor vehicle operators must be tested and licensed by the Division of Driver Licenses. R8.2. Commercial Motor Vehicle Definition - Commercial motor vehicle is any single -motor vehicle or motor vehicle combination which: a. Hasa gross vehicle weight rating, declared weight, or actual weight of 26,000 pounds or more; b. Is made to transport 16 or more persons, including the driver; c. Is a school bus made to transport 11 or more persons, including the driver; d. Is transporting hazardous material requiring placarding R8.3. Types of Licenses - Commercial vehicle licenses are classified as types A, B, and C, depending on vehicle type the commercial vehicle operator is licensed to operate. These licenses have CDL on the front defined as follows: a. Class A: Combination type vehicle of 26,000 pounds or more b. Class B: Straight vehicles of 26,000 pounds or more c. Class C: Vehicles under 26,000 pounds, transporting passengers, or displaying hazardous d. placards materials. R8.4. Endorsements - Class A, B, and C licenses are endorsed indicating type of vehicle the commercial motor vehicle operator is licensed to operate. Endorsements are noted on Commercial Driver Licenses as follows: a. H: Hazardous materials b. N: Tank vehicles c. P: Passenger vehicles (buses) 165 d. T: Double/triple trailers e. X: Combination of H and N R8.5. Florida Commercial Driver License Requirements - Applicants are required to take and pass a knowledge exam, vision exam, and driving skills test using the vehicle type for the required license. Knowledge and vision exams are mandatory. Driving skill tests may be waived if, during the 3-year period before applying for Commercial Driver License, persons wanting a license certify they: a. Possesses only 1 driver license. b. Commercial Driver Licenses will contain proper endorsements for types of vehicles employees are operating. c. Had no drivers' license suspended, revoked, or canceled. d. Had no traffic convictions with mandatory license disqualifications. e. Was not convicted of any violation of state/local laws relating to motor vehicle traffic controls in connection with any traffic accident and no record of accident where they were at fault. f. Operated commercial motor vehicles representing the classification they are applying to operate for the past 2 or more years. g. Has already passed a behind the wheel skills test, taken in a vehicle representing the classification they are applying to operate, given by a state with a classified licensing and testing system. h. Possesses a valid Florida Chauffeur Driver License, employed in a job requiring operation of a commercial motor vehicle, and if required, posses valid medical report or card. R8.6. Authorized Emergency Vehicles - Employees operating authorized emergency vehicles, equipped with audible warning devices, displaying red/blue lights, and on call to respond to emergencies are exempt from the requirement to obtain a Florida Commercial driver License. R9 — TAKE-HOME VEHICLE R9.1. Take -Home Vehicles — Certain employees may be assigned take-home vehicles based on operational need and with City Manager and/or Department Director's approval. If violated, there shall be disciplinary action up to an including termination. a. Vehicles maybe taken home only when required for on -call duty or emergency response. b. Commuting in a take-home vehicle is limited to travel between the employee's residence and work. c. Any personal use beyond commuting is prohibited unless specifically authorized. R10 — DISCIPLINARY ACTION RI0.1. Disciplinary Action — Violations of this policy, including misuse of City vehicles, unsafe operation, or failure to report accidents, may result in disciplinary action up to and including termination of employment. Employees may also be held personally liable for damages resulting from negligent or unauthorized use. 166 SECTION S SAFETY AND WORKERS' COMPENSATION 167 SECTION S - SAFETY/WORKER'S COMPENSATON S1.1. Purpose - The purpose of this policy is to promote a safe and healthy workplace for all employees and to outline procedures for reporting and managing workplace injuries or illnesses under the City's Workers' Compensation Program. The City is committed to maintaining compliance with all applicable federal, state, and local safety laws and regulations. S1.2. Policy - The City is dedicated to providing a safe working environment for all employees. Every employee is expected to follow established safety procedures, immediately report unsafe conditions, and take reasonable precautions to prevent workplace injuries and accidents. Employees who sustain work -related injuries or occupational illnesses will be provided with medical treatment, wage replacement, and other benefits as required under Florida's Workers' Compensation laws. S1.3. Scope - This policy applies to all City employees, including full-time, part-time, temporary, and seasonal, as well as volunteers and interns. S1.4. Definitions a. Accident: Unexpected/undesirable event occurring unintentionally. b. COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985): This is the continuation of current group health offered plans to terminated, resigned, or full-time reduced to uncovered part- time employees and/or dependents at employee's expense. For other provisions, contact Human Resources. c. Covered Claim: Valid Workers' Compensation claim approved by both Human Resources Department and the Workers' Compensation Insurance Carrier. d. Disability: Disabled state or condition that substantially limits or disables persons from performing the essential functions of their job, including but not limited to, their daily or normal work routine, either permanently or temporarily. e. Eligible Employees: Employees normally on the City of Sebastian payroll (part-time, full-time, and temporary/part-time employee, etc.). f. Exposure: Direct contact with bodily fluids on open cuts, breaks in the skin, or mucous membrane such as the mouth or eyes. g. Insurance Fraud: An employee who engages in misrepresentation, falsehood, fraudulent statements, or claims to gain workers' compensation benefits. h. Light Duty (Temporary Reassignment): This is sedentary work while rehabilitating from an injury or illness, prior to reaching maximum medical improvement. Light duty may, at the discretion of the Department Head, Director of Human Resources, and the City Manager, be assigned to employees with an injury or illness arising from non -employer related circumstances. Priority for light duty assignments, if available, will be given to employees on Workers' Compensation. i. Non -paid Employees: Any position not normally on the City of Sebastian payroll (volunteers, etc.). These positions are covered for medical expenses only under Worker's Compensation. j. Off -Duty Injury: Illness, or injury sustained while employee is off duty or occurring outside the scope of their employment. k. On -Duty Injury: Accident or injury occurring in the course and scope of employment Resulting in a physical wound, distress, disability, infection, or death by accident. 168 I. Intoxication: Injuries caused by the impairment of the employee's faculties by use of illegal or non - prescribed drugs, or alcohol. (Not compensable under Worker's Compensation). m. Portal to Portal: Injuries incurred while traveling to or from work, unless the employee was actively engaged in work duties at the time. (Not compensable under Workers' Compensation). n. Recreational Activities: Injuries sustained during participation in an employer -sponsored recreational activity where participation was required by the employer. o. Safety Rules Violation: Injuries sustained as a result of an employee's intentional failure to use safety devices or obey safety rules that were mandated by the employer. Compensation may be reduced by 25% in these situations. p. Managed Care: A program in place whereby the employee must choose from the managed care organization's list of care providers. q. Mental or Nervous Injuries: Mental or nervous injuries resulting only from stress, fright, excitement, or arising out of depression from being absent from work. (Not compensable under Workers' Compensation). r. Safety Programs: Employer developed safety -training programs. s. Temporary Reassignment: Employees who are temporarily unable to perform the essential functions of their position due to a medical condition, or injury may be temporarily reassigned to a position for which they can perform the essential job function (includes on the job and off the job injuries/illnesses). S2 - RESPONSIBILITIES 52.1. Responsibilities - The city recognizes the mutual responsibilities of management and employees to promote a safe work place and agree to cooperate win maintaining city equipment and facilities in safe conditions. a. The city will provide copies of the Safety Handbook to all new employees. b. The city will establish a Safety Committee to ensure continuing, on-the-job safety in the performance of public services. The Committee shall be chaired by an employee and directed by the Human Resources/Risk Management Director, or designee. There will be a member from each department on the Committee. Members will either be volunteers or selected by the department head. The Safety Committee shall meet quarterly, on the first Tuesday at the beginning of each quarter. The Committee shall make recommendations by a majority vote for safety maintenance and improvement which shall be given due consideration by the city. Written response must be made by the Human Resources Director to the committee within twenty (20) calendar days of receipt of any written requests made by the Committee. Such a request will be approved by the majority vote of the committee prior to being submitted to the Human Resources Director and/or the City Manager. c. Any employee who as a result of an act or by way of their own negligence and/or violation of established safety standards and policy of the city causes damage to, or destruction of, property of the city without substantial justification or excuse shall be subject to progressive discipline up to and including termination. Additionally, the employee may be liable for up to the full cost of replacement or repair of the damaged or destroyed property. d. During new employee orientation, Human Resources will advise employees of their rights under Florida's Workers' Compensation Law and the proper reporting procedures to follow should they sustain an injury while at work, distribute a copy of the Workers' Compensation/Light Duty Policy. 169 S3 - INJURIES AND DISABILITY 53.1. Injuries and Disabilities - When employees are injured, the primary concern is for their health and welfare. A review of the circumstances surrounding the injury is essential if the City is to promote employee safety by identifying unsafe practices and conditions. Employees will adhere to the policies and procedures contained in this section unless otherwise specified by applicable bargaining unit agreements. S4 - WORKERS' COMPENSATION 54.1. Workers' Compensation Procedures - a. Any employee who is injured while at work and requires immediate emergency medical assistance will receive all necessary medical care from the nearest medical facility or hospital. If the injury is not an emergency (life/death situation) we ask that you notify Human Resources, obtain all WC Forms and go to the city -approved medical facility. If continuing medical care is required, employees will use a city -approved Workers' Compensation physician. The Human Resources Department will provide all necessary referrals to the employee. If the injured employee does not notify Human Resources and goes to a non -approved WC medical facility, WC may not pay for the treatment. b. Employees will receive benefits and compensation as outlined in Florida State Statute, Chapter 440. c. Employees are responsible for notifying their immediate supervisor/manager of all work -related injuries or exposures at the time of the incident no matter how minor the incident may seem. Injuries must occur during the course of employment. Failure of the employee to notify their supervisor of such occurrence may prohibit the employee from receiving workers' compensation benefits. 1. The employee will complete their portion of the City's Supervisor/Employee Report of Injury Form (Contact Human Resources for the form) whether treatment is necessary or not. The employee will then forward the report to their immediate supervisor. The immediate supervisor will complete their section of the report and forward it to the Human Resources Department. 2. The supervisor will complete the employee's section of the Supervisor/Employee Report of Injury Form (Contact Human Resources for the form) when the employee is unable do so as a result of the injury/exposure. When the employee is able, he or she will review the report and make any additional comments or changes that are necessary. d. It is the responsibility of the employee to provide to the Human Resources Department all doctor's certification or medical treatment forms, follow-up visits, therapy visits or rehabilitation services prior to scheduling or attending. The employee must bring this information to the Human Resources Department or, if the employee is unable to do so as a result of the injury/exposure, they should contact their department. The employee's immediate supervisor or designee will collect the medical certification/forms and deliver them to the Human Resources Department for processing within 24 hours of the injury/exposure. e. When Human Resources is notified that an employee is absent due to a Workers' Compensation injury, the Finance Department will check the payroll against the Workers' Compensation list verifying that the employee is absent from work due to a work injury. f. The City of Sebastian and/or the Workers' Compensation Carrier reserve the right to have employees who are absent from work and disabled, periodically evaluated by a carrier -approved physician other than the Workers' Compensation Physician treating the employee. 170 g. Immediately after a work -related accident or exposure occurs, the supervisor's responsibility is to ensure the injured employee receives any required first aid or emergency medical treatment at an approved physician's office, health clinic, or hospital emergency facility. h. If the injury/exposure is not an emergency, the supervisor is required to call the Workers' Compensation Carrier to receive authorization for treatment and have the employee take this information to the attending facility. 1. For employees requiring medical treatment, the supervisor or their designee, will call the facility to inform them that a city employee is in route to their location and give a brief explanation of the injuries; the supervisor or their designee will then call the Workers' Compensation carrier to obtain authorization for treatment. j. For injuries incurred by motor vehicle related accidents, the supervisor will call the City of Sebastian Police Department Communications Center (589-5233) to report the incident, request emergency service(s) if necessary, request that a crash report be made, and to obtain a crash report number from the dispatcher. The crash report number is to be printed in the upper right-hand corner of the Supervisor/Employee Report of Injury Form. k. The city will pay for any regular work time lost by the employee on the day of the incident. 1. The Human Resource Department will then coordinate the following: 1. All injuries (employees and citizens) including injuries resulting in death, are reported within twenty-four (24) hours to the City's Workers' Compensation Carrier. 2. Copies of all forms will be forwarded to the City's Workers' Compensation Carrier. 3. If the injured/exposed employee received medical treatment, the Human Resources Department will receive the original medical treatment documents from the employee and forward a copy to the City's Workers' Compensation Carrier. 4. If the employee has been referred by the attending physician to receive additional, specialized, rehabilitative, or follow-up treatment, the Human Resources Department in conjunction with the Workers' Compensation Carrier will provide the employee with a list of care providers. 5. The Human Resources Department will schedule the appointments for the employee through the Workers' Compensation Carrier and notify the employee's department of the scheduled appointment(s). 6. The Human Resource Department will contact the employee's department and inform the supervisor/manager/department head of the employees work status. 7. If the employee needs to change a scheduled appointment, they must notify the Human Resources Department of the change and the date of the rescheduled appointment. 8. The employee must submit a Doctor's Return -to -Work Form to the Human Resources Department prior to reporting for work. The Return -to -Work Form will indicate if the employee has any restrictions, can return to regular full duty or light duty, and the effective date of return. m. Under the guidelines of the Workers' Compensation Carrier, to receive wage benefits the employee must submit a doctor's note of certification identifying the date of injury and the anticipated date of return to work. This certificate must be forwarded to the Human Resource Representative for processing. n. Any regular full-time employee who sustains a temporary disability as a result of and arising out of employment by the City as provided by the Worker's Compensation Law of the State of Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be entitled to the following: 171 1. During the first eighty (80) working days of such disability, the employee shall receive net supplemental injury pay based upon their normal base pay reduced by the Worker's Compensation indemnity payment. The supplemental paywill be based on the following: a) WC Physician states that the employee is unable to work or city cannot provide limited duty work. City will pay full 1/3 of supplemental pay. b) WC Physician states employee can perform limited duty but employee's second opinion states employee cannot work. City does not pay the 1/3 supplemental pay. Employee uses their time and pays the 1/3 supplement. c) City provides limited duty work but employee declines, city does not pay the 1/3 supplemental pay. Employee will use their time and pay the 1/3 supplemental pay. 2. In the event the employee is absent for the first seven (7) days of a work injury, the employee will reimburse the City for the First seven days after they receive the WC payment. 3. The employee may utilize any accrued sick or other paid leave in order to receive supplemental pay based upon their normal base pay reduced by Worker's Compensation indemnity payment until such sick or other paid leave is exhausted. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of absence of the employee for a period not to exceed one year. 4. If the employee can no longer work and continues to be on Worker's Compensation after the 90" day, the employee will apply for Long Term Disability; however, the employee will not be medically terminated until the physician states there is a permanent impairment remaining after the employee (claimant) has reached the Maximum Medical Improvement rating or one year as stated in above. (MMI stands for Maximum Medical Improvement and is defined as the point at which an injured worker's medical condition has stabilized and further functional improvement is unlikely to allow the employee to meet the essential job functions, despite continued medical treatment or physical rehabilitation.) o. If any employee, due to an on-the-job injury, is temporarily or partially disabled from performing the duties of their classification, but is determined to be able to perform light duty by a physician designated by the city, the employee may be required to perform such duty or lose the supplemental injury pay. Assignment to light duty shall be considered a temporary assignment, without reduction in pay. Such a reassignment shall be to other duties commensurate with medical and mental fitness, subject to availability of suitable work, and the employee's qualifications for the position. However, an employee shall not be permitted to continue in a light duty position after reaching their maximum medical improvement or for a period that exceeds one year. p. Any employee who suffers an employment connected injury may be required by the city to be examined every twenty (20) working days by a medical doctor, specified and provided by the city, who shall determine the employee's condition and fitness for full or partial return to duty. q. No employee will be entitled to the supplemental injury pay described above if the injury suffered has been determined to have been the result of intentional self -infliction or where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. r. While receiving employment connected disability benefits, an employee shall be entitled to all benefits, which they would normally, receive pursuant to their employment with the city except additional accruals of sick and vacation leave. s. Any covered employee receiving proceeds from a disability insurance policy and Worker's Compensation indemnity payments shall not be allowed to use paid leave, such that they receive a total amount of more than their normal take home pay. 172 t. The disability program includes a rehabilitation clause that may be approved to allow employees to return to work on a partial disability basis. u. The city will make reasonable accommodations to place an employee able to return to work within the 24-month period. Those employees able to return to work may be reclassified to another position in the city if their prior position has been filled. The employee will be offered a vacated position, at the pay grade of that position, provided they meet the job skills required to perform the essential functions of the position. v. During any part of the 24-month period in which the employee will be rehabilitating and not working, the current insurance benefits provided by the City of Sebastian to the employee will remain in force: 1. Health Insurance 2. Dental Insurance 3. Life Insurance 4. Vision Insurance a) Employees will be responsible for paying their portion of the health, dental, vision or life insurance premium currently deducted from their paychecks for dependent coverage. Failure to make these payments will result in employees losing their dependent coverage for health, dental, vision, or life insurance benefits. b) Any additional payments the employee has deducted from their paycheck towards outside insurance companies, union dues, credit union payments, etc., will be the sole responsibility of the employee. w. Employees absent from work and on workers' compensation, will be subject to the same rules as those governing sick leave. x. Upon returning to work the employee must submit a Return -to -Work from the WC Physician to the Human Resources Department prior to reporting to their appropriate department for assignment. The physician statement will identify any limitations placed on the employee. If limitations are indicated, the Human Resources Department will notify the appropriate Department Head of those limitations. y. Human Resources will implement the following Workers' Compensation procedure: S5 - REASSIGNMENT DUE TO INJURY OR ILLNESS (LIGHT DUTY) SSA. Light Duty - a. Based on the attending physician's statement, if the employee has been placed on Light Duty status the Human Resources Director under direction of the City Manager and in conjunction with the employee's immediate Department Head/Designee will determine where the employee will report for work to accommodate the employee. Management may confer with the attending physician and the Workers' Compensation Carrier if necessary for clarification. The employee must abide by the Light Duty assignment and Restrictions. This temporary assignment does not have to be in the same position or classification prior to the injury/exposure. During this temporary assignment the employee will receive their regular rate of pay. However, should the employee refuse to accept the light duty assignment they may be disqualified from receiving applicable benefits under Florida's Workers' Compensation Law. b. Employees who are temporarily unable to perform the essential functions of their position due to a medical condition or injury may be temporarily reassigned to a position for which they can perform the essential job function. Any such temporary reassignment will be at the direction of and at the sole discretion of the City Manager or designee. 173 c. Nothing contained within this policy will create any contractual term or condition of employment whatsoever, nor is it binding on the part of the City Manager or the City of Sebastian. d. The provisions contained within this policy will not be construed in a manner inconsistent with the provisions of any collective bargaining agreement that is in effect between a collective bargaining unit and the City. e. No decisions made concerning a temporary reassignment will be cause for any appeal by any employee under the City of Sebastian's Policies and Procedures. f. Employees seeking temporary reassignments must first provide a medical certification from the treating physician acceptable to the Human Resources Director, documenting the need for the reassignment, and detailing the essential job functions the employee seeking reassignment can safely perform. The Human Resources Director may request a second opinion by a medical care provider of the City's choosing. If the second opinion is in conflict with that of the original treating physician's opinion, then a third evaluation will be scheduled. The third opinion will be relied upon regarding all issues relating to the temporary reassignment. g. A decision whether to grant a temporary reassignment (Light Duty) as well as the duration and nature of any temporary reassignment will be determined pursuant to the following provisions: 1. Light Duty is defined as sedentary work status while rehabilitating from an injury or 2. illness, prior to reaching maximum medical improvement. 3. Employees may be placed on temporary reassignments not to exceed one hundred and twenty (120) consecutive working days in any continuous forty-eight (48) month period. Employees receiving such benefits and who, in the opinion of the Human Resources Director and City Manager, is unfit to return to regular work duty at the end of the 120- day period may, at the discretion of the Human Resources Director and the City Manager receive such benefits for an additional period, not to exceed 60 days. A request must be made in writing by the employee addressed to the Human Resources Director supported with documentation from the treating physician for the additional (60) days. It will be sent to the City Manager for approval or denial. 4. At any time during absence from work, due to a work -related injury, the employee may be required to submit to an examination, by request of the Human Resources Director. The employee has fifteen (15) days, after receiving notice of such request to submit to the examination. Failure to submit to the examination at the specified time, without reason, will cause all Workers' Compensation Benefits to be terminated. 5. If an employee is absent from work while on light duty, and the absence is a result of the work - related injury, upon returning to work the next day the employee must submit a doctor's note to the Human Resources Department specifying that the absence was due to the work -related injury. Failure to submit a doctor's note for the absence will result in the employee being charged their own time such as sick, comp or annual leave. If the employee has no accrued leave, they will be carried in a no -pay status. 6. To be eligible for temporary reassignment, employees must, be qualified to perform the essential functions of the position to which they may be assigned. 7. Employees may be temporarily reassigned to any position in the city at the sole discretion of the Human Resources Director or designee. The Human Resources Director will not create, add, or vacate a position to affect any temporary reassignment. 8. Employees will be compensated at their current rate of pay during this temporary reassignment. 9. When an employee is placed on Light Duty by the treating physician, a Return -to -Work Form will be hand carried by the employee, directly to the Human Resources Department prior to 174 returning to work. Human Resources will then advise the employee where to report for their Light Duty assignment. a) Police Officers 1) For those employees assigned to the Uniform Division of the Police Department, civilian attire will be worn while on a Light Duty assignment, unless the employee obtains written approval from the Human Resources Department or Police Chief or their designee granting permission to wear the police uniform. If the request is granted, a copy of the approval will be sent to the Human Resource Department for inclusion in their personnel file. 2) Weapons worn with civilian attire will be carried so that they are not visible to the public. 3) Police Officers who are on Light Duty and assigned a take home City Police Vehicle will be required to drive their personal vehicle to and from work during the time they are in a Light Duty Status. h. All light duty work assignments will be based upon an 8-hour, 5-day work schedule, without exceptions. L The Human Resources Director will review assignment priorities for Light Duty personnel within the city, and make the assignment accordingly. j. If a transfer is required from the employee's current assignment, the Human Resources Director will contact the Department Head of the receiving department where the employee is to be temporarily reassigned, to determine the reporting time and location of the new assignment. k. When transfer of a light duty employee is made from one department to another department the new receiving department will handle the employee's attendance records and supervise the employee's activities during the tenure in the new department. If discipline has to be administered during this time of reassignment, it will be the receiving department's responsibility. I. When an employee is ready to return to regular full-time work, a Doctor's Return to Work Form will be sent to the Human Resources Department prior to the employee returning to work or to the employee's originating department. All WC employees returning to work from rehabilitation or a light duty re- assignment, MUST be cleared to return to work by the Human Resources Director or designee. S6 - OFF -DUTY INJURIES S6.1. Injuries Sustained Off -Duty - a. Employees injured while not at work are covered by provisions of their individual health care insurance plan. Employees may receive medical care from any authorized physician, hospital, or medical facility as specified by the individual employee's health care plan. b. Employees missing work due to an injury that occurred while not at work will contact their Supervisor, Department Head, or the Human Resources Department as soon as possible and advise them of their situation. The employee will continue to provide to their supervisor updated information on their medical status. c. Employees missing work will be required to provide a doctor's Return -to -Work Authorization Form before returning to work. Light duty may, at the discretion of the Department Head and Human Resources Director, be assigned to the employee with an injury or illness arising from non -employer related circumstances. A Light Duty Request Form must be completed when asking for light duty work and sent to the Department Head and Human Resources Director. Priority for light duty assignments will be given to employees on Workers' Compensation. 175 d. The employee may use sick leave, vacation leave, personal leave, or compensatory time during this period of disability. e. If the injury or illness is going to last more than 3 days, the employee should request FIALA and Short - Term Disability forms. S7-SAFETY GLASSES S7.1. Safety Glasses - Payment a. The City shall pay for one (1) pair of safety glasses, with the approval of the employee's department head. b. Where prescription safety glasses are needed, the employee, in conjunction with the city's vision care plan, shall receive an eye examination not more than once every twelve (12) months. The employee shall pay the deductible to the doctor for the eye examination. The city shall pay for the cost of the first pair of safety frames and safety lenses for those employees required to wear prescription safety glasses not to exceed Two -hundred ($200.00) dollars. c. The city will also pay for the replacement of safety lenses due to on-the-job breakage or prescription changes, as needed. An incident report must accompany this request, which details how the breakage occurred. The report must be signed by the employee's immediate supervisor before being submitted. S8 - WORK BOOTS/SAFETY SHOES S8.1. Safety Shoes or Work Boots - Payment - a. The City will provide those employees required to wear safety boots/shoes as a part of their job function, Two Hundred dollars ($200.00) per fiscal year, payable to the employee the first full pay period of October of each year. b. Any employee receiving this benefit will be required to wear the safety boots/shoes at all times while performing their city job functions. c. If an employee begins employment after the first full pay in October, the boot allowances will be prorated by $16.67 per month. Safety boots/shoes must meet the requirements as established by the department. S8.2. Replacement of Safety Shoes or Boots - The City will also pay, prorated, for the replacement of safety boots/shoes due to on-the-job damage caused as a result of an accident (up to two -hundred dollars ($200.00). An incident report must accompany this request, which details how the damage occurred. The report must be signed by the employee's immediate supervisor before being submitted. If the damage was a result of the employee's negligence, the employee will pay the full cost of the replacement and may be subject to disciplinary actions. S8.3. Medical Conditions Regarding Inability to Wear Safety Shoes or Boots - If the employee provides medical documentation signed by an attending physician stating that they cannot wear the safety boots/shoes due to a medical condition, they will not be required to wear the safety boots/shoes. The employee will also be exempt from the benefit provision as stated above and will not receive the $200.00 annual disbursement for safety boots/shoes. 176 S8.4. Reimbursement to City - If the employee does not complete the six (6) month probationary period for any reason, the amount reimbursed for the work boots/shoes shall be deducted from the employee's last pay check which will reflect the actual expense incurred by the city for the purchase of the work boots/shoes. S9 - UNIFORMS S9.1. Policy - It is the policy of the City to provide uniforms to designated employees whose duties required them for identification, safety, or appearance purposes. Employees are expected to wear uniforms in a clean, neat, and presentable manner while on duty and representing the city. In the event there is a Union Contract, the Union Contract takes priority. a. The City shall provide and maintain uniforms to all employees who are required to wear them. b. The number and type of uniforms issued will depend on the employee's position, working conditions, and department standards. c. Replacement of worn or damaged uniforms will be provided as needed, subject to supervisor approval. d. Uniforms remain the property of the City and must be returned upon separation of employment or reassignment to a non -uniform position. e. Employees are expected to maintain a clean, professional, and well-groomed appearance at all times while on duty. f. Uniforms must be clean, pressed (if applicable), and free from stains, rips, or excessive wear. g. Identification badges, name tags, or insignia provided by the city must be worn as required. h. If the employee leaves the city for any reason, all issued uniforms and equipment must be returned to the City. Failure to return issued uniforms and equipment will result in the employee paying for the actual cost incurred by the city for the purchase of said uniforms. i. Any employee assigned a uniform will be required to wear the uniform at all times while performing their job functions. j. The City uniform shall not be worn at any other time or for any other reason. k. Employees in the position of Code Enforcement Officer(s) and Evidence Technician(s) will be reimbursed up to $45.00 per month for regular full-time employees and up to $22.50 for part time employees (receipts required documenting City issued uniform cleaned), unless the employee is on a leave of absence, such as Sick Leave, Workers' Compensation, etc. for any extended period of time. The reimbursement will be paid in the next pay period. S9.2. Scope - This policy applies to all City employees who are required to wear uniforms as part of their regular job duties, as determined by their department. S9.3. Standard Polo or Other Approved Shirts - a. The city may also provide standardized polo shirts or other selected articles of clothing to certain employees, as a means to easily recognize they work for the city or for other purposes the city deems beneficial. b. As such articles are the responsibility of the employee to maintain and are not required to be returned to the city. Since they can also be worn off the job, they are a taxable benefit in accordance with IRS Rules. 177 S9.4. Protective and Safety Clothing - Some positions may require specialized safety apparel such as reflective vests, rainwear, steel -toe boots, gloves, protective eyewear, headwear etc. Such equipment will be provided in accordance with departmental safety standards and applicable regulations. Employees must wear safety gear when required. S9.5. Return of Uniforms - Upon resignation, termination, or transfer to a non -uniform position, employees must return all City -issued uniforms, equipment and badge. Failure to do so may result in the cost being deducted from the employee's final paycheck as permitted by law. S9.6. Disciplinary Action - Failure to comply with the uniform policy, including improper appearance, misuse of uniforms, or failure to return City property, may result in disciplinary action up to and including termination. 178 SECTION T EDUCATION AND TUITION REIMBURSEMENT 179 SECTION T - EDUCATION AND TUITION REIMBURSEMENT T1.1. Policy - It is the policy of the City to provide eligible employees with reimbursement of approved college courses, training programs, workshops, or conferences that directly relate to their current position or support career development within the City. Education leave may be granted with or without pay, depending on the nature of the course, funding availability and management approval. The City Manager has final approval. If there is a Union Contract, the Union Contract takes priority. T1.2. Scope - This policy applies to all regular full-time City employees who have successfully completed their one (1) year employment probationary period. T1.3. Reimbursement of Education Expenses - Reimbursement of education expenses by the City of Sebastian for approved educational or training programs will be in conformance with the following: a. Employees will be reimbursed up to the limit of the funds available for education. b. Tuition Payment Plan - The City will, upon approval of the Department Director, Human Resources Director and City Manager, pay a percentage of the tuition based on the course grade achieved for any training or educational program/course. T2 -TUITION PAYMENT PLAN T2.1. Tuition Payment Plan - The City of Sebastian will pay a percentage of the tuition based on the course grade achieved for any eligible training or educational program/course. An eligible training or educational program/course is one that, in the judgment of the Department Director, Human Resources Director and the City Manager is directly related to the employee's current position or to a related higher position, and which will improve performance in a current position or which constitutes preparation for promotion to related higher responsibilities. Post graduate (ex. Master's, Doctorate, etc.) programs are not included within the tuition payment plan. a. The Tuition Reimbursement Plan is as follows: Grade % Paid A 100% B 90% C 75% P-Passing or S-Satisfactory (No grade issued) 100% T3 - APPLICATION PROCEDURE T3.1. Application Procedure - An employee desiring to participate in the City's Tuition Payment Plan shall submit an application fifteen (15) working days in advance to their Department Head requesting approval for Plan participation. If the Department Head recommends the education program, it will be forwarded to the Human Resources Director and City Manager for final approval. T4 - COURSE COMPLETION T4.1. Course Completion - If the employee achieves a grade of "C" or better in a course which is graded -- or if the employee receives a "pass" in a course which is graded on a pass/fail basis - they will submit an official copy of their grades along with proof of their payment for tuition, required books, or lab fees to the Human Resources Director. Reimbursement for tuition shall be made in accordance with City policy for 180 reimbursements. The employee's personnel record will be documented with their education achievement. Textbooks shall become City property at the completion of the course and turned over to the Human Resources Director or their designee. T5 - TRANSPORATION TS.1. Transportation Expense - Transportation under the Tuition Payment Plan shall be at the employee's expense. T6 - MAXIMUM CREDIT HOURS PAID FOR SEMESTER T6.1. Maximum Credit Hours Paid - The reimbursement shall be available for a maximum total of twenty- four (24) semester hours or thirty-two (32) quarter hours in any one (1) fiscal year period for eligible employees pending budget authorization and availability of funds. The maximum tuition rate to be reimbursed for participating in the City's Tuition Payment Plan for college -level courses is that established annually by the Florida State Legislature for state supported schools. Should an employee select to attend a non -State school, they are responsible for the difference in tuition. Any employee receiving a scholarship or grant for education will not be eligible for education reimbursement. T7 - SERVICE REQUIREMENT FOR EMPLOYEE REIMBURSED COURSES T7.1. Service Requirement for Employee Reimbursed Courses - Employees who are reimbursed for such courses (911 Dispatch Courses, College; Technical School, License of any kind, CDL, etc.), agree to remain employed by the City of Sebastian for up to three (3) years after completion of the course(s). Should an employee leave the city service within the number of years in the Agreement, after completion of the course(s), they must return any payments to the city or it will be deducted from their final paycheck. Agreements with the Employee are different based on the course. T8 - CITY MANDATED COURSES T8.1. City Mandated Education Courses - If the City requires an employee to attend an educational course, seminar or conference, the City shall pay tuition, transportation, meals and lodging in accordance with the City's Travel Policy. 181 SECTION U EMERGENCY CLOSURE AND COMPENSATION 182 SECTION U - EMERGENCY CLOSURE AND COMPENSATION U1.1. Purpose - The purpose of this policy is to establish procedures for City operations during emergencies, natural disasters, or other situations requiring partial or full closure of City facilities. This policy outlines employee responsibilities, pay provisions, and reporting expectations during such events to ensure continuity of government and fair compensation. It is also to establish procedures and compensation guidelines for the emergency closure of the City of Sebastian to ensure the safety and well-being of employees. U1.2. Policy - The City recognizes that emergencies and disasters --such as hurricanes, severe storms, floods, or other declared emergencies ---can disrupt operations and impact employees' ability to report to work. The City's priority during such events is the safety of employees and the continued delivery of essential public services. This policy provides guidance on work assignments, closures, and compensation for employees during emergency management situations. U1.3. Scope - The policy applies to all City of Sebastian employees. All employees are considered essential until notified otherwise. U2 - AUTHORITY TO CLOSE U2.1. Authority to Declare Emergency Closure a. The decision to close the organization will be made by the City Manager as stated in Ordinance 0-15- 07 based on the nature and severity of the emergency. The City Manager is responsible for identifying and formally designating the dates during which an emergency closure is in effect. This determination established the specific time frame in which emergency -related policies, procedures, and compensation provisions apply to all employees. The City Manager's designation ensures clear communication, consistency, and proper administration of emergency operations, including the activation of essential personnel and the implementation of any special pay or staffing measures required to support critical city functions. b. Local authorities' recommendations (e.g., State Governor, County Authorities, City Council, police, fire department, public health officials) will be taken into consideration. U3 - CRITERIA FOR EMERGENCY CLOSURE U3.1. Criteria for Emergency Closure - The following is a list of Emergency Closure criteria: a. Natural disasters (e.g., hurricanes, floods, earthquakes) b. Severe weather conditions (e.g., extreme temperatures) c. Security threats (e.g., bomb threats, active shooter situations) d. Health emergencies (e.g., pandemics, outbreaks) e. Utility failures (e.g., power outages, water supply issues) f. Any other situation deemed hazardous to safety and operations. 183 U4 - COMMUNICATION U4.1. Communication - a. Upon the decision to close, immediate notifications will be sent through the multiple channels, including: 1. Email, 2. Text messages, 3. Phone calls (Departmental Call Trees), 4. City's website and social media, and 5. Local news outlets. b. A designated spokesperson will handle all communications to ensure consistent and accurate information dissemination. U5 - EMPLOYEE RESPONSIBILITIES U5.1. Employee Responsibilities - a. Employees must familiarize themselves with the procedures. b. In case of closure, employees should follow instructions provided through official communication channels. c. Essential personnel may be required to remain or report to work, depending on the nature of the emergency. All employees are considered essential until notified otherwise. U6 - POST CLOSURE PROCEDURES U6.1. Post -Closure Procedures - a. The city will communicate reopening plans and any modifications to operations through the same channels used for closure notifications. b. A debriefing meeting will be held to review the response and identify areas for improvement. c. Support services, such as counseling, may be provided to employees affected by the emergency through the Employee Assistance Program (EAP). U7 - COMPENSATION FOR EMPLOYEES U7.1. Compensation for Employees - a. For the purpose of this policy, the day shall be from 12:00 AM to 11:59 PM unless specific times are designated and the week is from Sunday, 12:00 AM to Saturday,11:59 PM. US - EMPLOYEE MEALS USA. Employee Meals - a. For the purposes of this policy, if the City has declared a Local State of Emergency and an Emergency Closure is in effect, employee meals will be provided by the City. U9 - PAYMENT OF EXEMPT EMPLOYEES U9.1. Payment of Exempt Employees - If during a declared emergency, "exempt" employees are relieved of duty, they will be provided paid emergency leave pay (base wages). However, exempt employees who are 184 designated as essential and are required to report to work during such events will receive additional compensation above the emergency leave pay for the time they are required to be on duty. The additional pay reflects the critical nature of their responsibilities and the expectations that essential personnel report to work to support vital operations during the emergency condition. The additional compensation is not classified as overtime, and will be calculated based on the additional hours worked at a rate of pay equal to the employee's hourly salary. Exempt employees will be required to document their time and work performed both on their timesheet as well as the required forms. U10 - PAYMENT OF NON-EXEMPT EMPLOYEES U10.1. Payment for Non -Exempt Employees - a. Non-exempt employees, including part-time employees will receive their hourly pay for their normally scheduled hours for up to one work week unless they are required to report to work while the city is closed. Any additional paid weeks are at the approval of the City Manager. This means that if an employee's normal work hours are 40 in one work week, the employee will receive their hourly pay for 40 hours. No overtime will be paid to any employee. An employee who is on a regularly scheduled day off and is not required to return to work, shall not receive paid time off for these day(s). b. During a declared emergency, if non-exempt employees are relieved of duty and provided paid emergency leave (ex. Hurricane Leave), any non-exempt employee who is required to complete their shift will be paid for the remainder of their normally scheduled shift at two times their regular rate of pay. If an employee works part of their normal shift, the non -working hours that fall within their normal work schedule will be paid as emergency leave and the working hours will be paid at two times their regular rate of pay. Time that extends beyond the normal shift will be paid at time and one-half. Other absences from work while on paid leave to include sick leave will be counted as time worked for overtime computation. This will only apply to the work week in which paid emergency leave is granted. Subsequent work weeks, will return to the overtime compensation criteria stated in the contract or in city policies. c. Essential employees, who are required to work, shall not exceed 12 hours each day. Employees who are required to work and fail to report for work shall be subject to disciplinary action, up to and including dismissal. d. Employees that are in lockdown shall receive their regular pay rate for any other time they cannot leave the facility due to inclement weather. U11 - LEAVING THE AREANACATION U11.1. Employees Leaving the Area and on Vacation - a. Employee Evacuates - Employees that choose to evacuate the area shall inform their supervisor of their intentions to do so in advance. Employees that choose to evacuate the area and therefore cannot respond to the City shall be required to use Personal or Vacation Leave and will not receive the emergency leave pay. Employees that are required to respond in the event of an emergency that chose to evacuate the area and cannot respond may receive disciplinary actions up to and including termination. b. Approved Leave/Vacation -An employee, who is on approved leave and is not required to return to work, shall be charged the leave for which they were approved and will not receive paid time off for the emergency period. The city will try to do its best to let employees know in advance if leave will be canceled. 185 U12 - EXTENDED EMERGENCY U12.1. Emergency Extended - a. For an unlikely emergency that extends beyond one work week, at the end of the one work week, employees will be expected to use paid time off (Vacation/Personal/Comp Time Leave) to cover additional days that the city may be closed to ensure that they continue to receive their pay unless the City Manager approves additional paid work days. No overtime will be paid during this time period. b. An employee, who is on approved leave and is not required to return to work, shall be charged the leave for which they were approved and will not receive paid time off for the emergency period. The city will try to do its best to let employees know in advance if leave will be canceled. c. During an extended emergency, exempt employees who cannot safely report to City Hall or an assigned emergency location will be required to continue working from home at their regular rate of pay. During this extended period, emergency leave wages will no longer apply, and exempt employees are expected to remain available, perform their assigned duties remotely, and maintain normal work expectations to ensure continuity of essential city operations. U13 - BENEFITS COVERAGE FOR EMPLOYEES U13.1. Benefit Coverage for Employees -During the City closure, the City will continue to provide insurance coverage for all employees enrolled in the benefits program. This includes the city's standard health, dental, and vision insurance plans as well as the life insurance, short term disability, and long-term disability for up to 30 days. The number of days may be altered by the regulations of the insurance companies and/or by Federal or State law. U14 - EMPLOYEE NOTIFICATION OF CLOSURE U14.1. Employee Notification of Closure - a. In an emergency, managers will make every effort to notify employees by phone of the closure through departmental call trees. The closing will be announced by local radio and television stations, employees will be emailed, and the closing will be posted on the website. b. Employees are encouraged to own, for example, a radio that runs on batteries so that they do not lose contact with the outside world. But, in a regional power outage, recognize that the employer's best efforts to notify employees of the closure may not work. c. No pressure is extended from the city, at any time, that would encourage employees to take unsafe chances to attend work. U7 5 - EXTENDING EMPLOYEE LEAVE DUE TO EVENT U15.1. Extending Employee Leave due to Event - a. When the City closure ends, all employees are expected to report to work whether the closure ends on day two or thereafter. Emergency leave pay (salary and/or hourly) ends on the day and time the city reopens. b. Certain jobs can be worked from home if chaos continues in the region, but teleworking for exempt employees must be arranged, on an individual basis, with the employee's manager and approval of the City Manager. Teleworking is not available as an option for non-exempt employees. 186 c. Employees who cannot return to work at the end of the city closure must arrange additional time off with their manager. If the employee has used up all of their available leave, they will be required to apply for an extended unpaid leave of absence that may or may not be granted. d. The city recognizes that some employees may need additional time off to repair extensive home damage, for mass transit to be available for transportation to work, and a variety of other emergency situations. These will be assessed on a case -by -case basis and decisions will also be affected by the employee's job requirements. U16 - PARTIAL DAY CLOSURE U16.1. Partial Day Closure - a. If an emergency event such as inclement weather or a power outage occurs, the City Manager may determine that the city will close mid -day. When the City closes mid -day, employees are encouraged to leave immediately so that the conditions do not further deteriorate and affect their ability to safely travel. b. Exempt employees who were, working at home with prior permission, or at the office on the day of the partial day closure, will be paid their normal salary. Non-exempt employees will be paid for their scheduled hours of work. No overtime will be paid. c. Employees who had taken the day off will have the day subtracted from their allotted leave bank as would have occurred if the city did not close. U 17 - THE CITY IS OPEN AND THE EMPLOYEE CAN NOT COME TO WORK U17.1. City is Open but the Employee Can Not Return to Work - a. Individual employee circumstances may affect an employee's ability to come to work. The key to assessing the situation on a case -by -case basis is the communication between the employee and their supervisor or Department Head. b. The city recognizes that in a severe national, regional, or local disaster, some methods of communication may be unavailable, but employees should persist, by any method possible, to reach their supervisor or Department Head to discuss employee circumstances. c. All pay, leave, and attendance policies included here will apply, regardless of the circumstances of the absenteeism. U18 - EMPLOYEE BEREAVEMENT AND OTHER EMERGENCY SITUATIONS DUE TO EVENT U18.1. Bereavement and Other Emergency Situations - a. The city is aware that in emergency situations or inclement weather emergencies, employees may lose family members. They may lose their home and all regular activities such as school and daycare. In any circumstances, all pay, leave, and attendance policies included here will apply, regardless of the circumstances of the absenteeism. b. The City Bereavement Policy will apply in the case of the death of a family member. Extended unpaid leaves of absence are available, depending on the need. Employees should communicate with their manager ortheir supervisor to make arrangements. 187 SECTION V MISCELLANEOUS RULES AND BENEFITS 188 SECTION V- MISCELLANEOUS RULES AND BENEFITS V - USE OF CITY EQUIPMENT V1.1. City Equipment - The city provides employees with the necessary equipment, materials and vehicles to carry out their job assignment. It is the employee's responsibility to exercise reasonable care and observe all necessary safety precautions in the use of those items assigned to them, in protecting themselves and others, and to preserve the life of the equipment. Employees will not abuse, damage, or lose equipment intentionally or through neglect. Equipment issued by the City of Sebastian to employees will remain the property of the City of Sebastian and subject to all policies and procedures as follows: a. Employees are responsible for the safekeeping and care of City equipment used by them and in their possession. b. Equipment is used onlyfor official purposes and forthe function it was intended. c. Equipment will not be transferred from one employee to another without the permission of the employee's department head or designee. d. Employees will not take, borrow, or use any City equipment for their personal use without proper authorization. V1.2. Damage to City Equipment - Damage to City issued equipment will be reported to the employees' supervisor immediately after the incident occurs. If a supervisor is not available, it should then be reported to the Department Head as soon as possible. Complete a Liability Investigation Report. V2 - LOST OR STOLEN CITY EQUIPMENT V2.1. Lost or Stolen Equipment - Lost or stolen City issued equipment will be reported as follows: a. Employees will immediately notify their supervisor of the incident. b. Immediately after making the verbal notification, the employee will prepare a detailed report of the event and submit it to their supervisor. c. The report will include the equipment's description and circumstances surrounding the loss/theft. d. Supervisors will send a copy of the report to the Department Head and the police department for filing and future reference. e. If applicable, the Sebastian Police Department will be notified of the lost/stolen equipment. V3 - CITY LOANS TO EMPLOYEES V3.1. Purpose - The purpose of this policy is to establish clear guidelines regarding the extension of loans or financial advances by the City of Sebastian to its employees. This policy ensures that all financial practices of the City remain transparent, equitable, and compliant with applicable laws and fiscal management standards. V3.2. Policy - It is the policy of the City of Sebastian that the City shall not provide personal loans, salary advances, or any form of financial lending to employees under any circumstances, except as specifically authorized by law, or approved programs adopted by the City Council. The City's funds are public monies and must be used solelyfor official municipal purposes. Extending financial assistance to employees for personal reasons is inconsistent with proper use of public resources. 189 V4 -EDUCATIONAL. HIRING BONUS. CERTIFICATION, UNIFORM, ETC. REIMBURSEMENT REPAYMENT POLICY V4.1. Purpose - The purpose of this policy is to establish guidelines regarding the repayment of educational assistance or tuition reimbursement provided by the City of Sebastian when an employee voluntarily resigns or otherwise leaves City employment or transfers to another position within the City, before completing the agreed -upon service period. The policy ensures fairness and accountability in the use of City funds while supporting employee development. V4.2. Policy Statement - The City of Sebastian encourages employees to pursue educational opportunities that enhance their knowledge, skills, abilities, and performance in their current or future City roles. In support of this, the City may provide tuition or educational reimbursement to eligible employees under the City's Education Assistance Program, CDL Certification Agreement, Hire Bonus Agreement, Police Academy Agreement, 911 Certification Agreement, Uniform Agreement, or any other type of Agreement in which the City sponsors the employee financially. In return, employees who receive educational reimbursement or any other type of Agreement reimbursement are expected to remain employed with the city for a specified period following completion of the course(s) or degree program, certifications, licenses, etc. If an employee voluntarily separates from employment before fulfilling the service agreement, the employee will be required to repay the city for all or a prorated portion of the reimbursed amount. V4.3. Scope - This policy applies to all full-time employees who receive educational or tuition reimbursement funds, funds for certifications, CDLs, uniforms, etc. from the City of Sebastian under the City's approved programs. V4.4. Service Agreement Requirement - a. Employees who receive an educational reimbursement, attend Courses for Certifications, obtain a CDL Drivers' License, given uniforms and other equipment must sign a City Agreement to Repay the City prior to receiving payment or having a Course paid for by the city. b. The Agreement will specify the service period required following the course completion, which is generally one (1) to (3) years unless otherwise approved by the City Manager. c. The service period begins on the date the course or program is completed and reimbursement is issued. V4.5. Involuntary Separation - Employees whose employment is terminated involuntarily by the City for reasons other than misconduct will not be required to repay reimbursed expenses unless the Agreement states other conditions. V4.6. Exceptions - The City Manager may, at their discretion, waive repayment in cases of documented hardship, medical separation, or other extenuating circumstances. V4.7. Repayment Procedures - a. Notice of Obligation - Upon notice of resignation or separation, the Police Department, Finance or Human Resource Department will determine the repayment amount owed and notify the employee in 190 writing. The amount owed will be due in full on or before the employee's final paycheck, unless an alternative repayment schedule is approved by the City Manager. b. Payroll Deduction Authorization - Employees must sign a Payroll Deduction and Repayment Authorization Form as part of any Agreement, allowing the City to recover funds owed through payroll or direct payment. c. Unpaid Balances - Any unpaid balance remaining after separation will be subject to collection efforts, including referral to a collection agency or other lawful means. V4.8. Tax Implications - All educational reimbursements and repayments will be handled in accordance with applicable federal and state tax laws. 191