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HomeMy WebLinkAboutO-84-16BORDINANCE NO. ~ ~- /~'~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SPECIFIED DEFINITIONS, PARAGRAPHS, OR SECTIONS OF PART II OF THE CITY'S EXISTING STANDARD OPERATING PROCEDURES, AS FOLLOWS: AMENDING THE DEFINITION OF THE TERM "PERMENANT EMPLOYEE" IN SECTION 2, PAGE 2, TO INCLUDE PART-TIME EM- PLOYEES; BY AMENDING THE DEFINITION OF THE WORD "REGULAR" IN PARAGRAPH (A) OF SUBSECTION 5.01, PAGE 14, AND THEREBY INCLUDING PART-TIME EMPLOYEES: BY AMENDING PARAGRAPH (C) OF SUBSECTION 7.03, PAGE 18, AND THEREBY PROVIDING THAT THE EMPLOYEE MAY ELECT TO BE PAID OVERTIME PAY IN LIEU OF OVERTIME COMPENSATORY TIME OFF; BY AMENDING SECTION 8 RE- LATING TO HOLIDAYS AND THEREBY PROVIDING THAT PART-TIME EMPLOYEES SHALL RECEIVE DOUBLE TIME PAY IF THEY WORK ON A HOLIDAY; BY AMENDING SECTION 9 AND THEREBY PROVIDING PAID ANNUAL LEAVE FOR REGULAR PART-TIME EMPLOYEES; BY AMENDING SECTION 11 AND THEREBY PROVIDING FOR PAID FUNERAL LEAVE, PAID COURT LEAVE, PAID CONFERENCE LEAVE, PAID MATERNITY LEAVE, PAID MILITARY LEAVE, AND LEAVE WITHOUT PAY FOR REGULAR PART-TIME EMPLOYEES; BY AMENDING SUBSECTION 15.06, PAGE 37, AND THEREBY ESTABLISHING DEFINITIONS FOR SENIORITY, ACCRUAL OF SENIORITY, LOSS OF SENIORITY, CHANGING CRITERIA FOR DECIDING LAYOFFS, PROVIDING FOR BUMPING RIGHTS, AND AMENDING RECALL PROVISIONS; ALSO ADDING A NEW PARAGRAPH (C) TO SUBSECTION 18.02, PAGE 47, OF THE STANDARD OPERATING PRO- CEDURES AND THEREBY SPECIFYING THAT THE GRIEVANCE PROCEDURES FOR EMPLOYEES COVERED BY A COLLECTIVE BARGAINING AGREEMENT ARE AS SPECIFIED IN THE AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Florida, is planning on en'~ering into a collective bargaining agreement with the Communications Workers of America, and WHEREAS, the proposed collective bargaining agreement is in some respects in conflict with the City's existing Standard Operating Pro- cedures, and WHEREAS, the Standard Operating Procedures do not provide that such procedures can be amended by a collective bargaining agreement that may be entered into between the City and a union, and, WHEREAS, the City Council desires to amend the City's Standard Operating Procedures to either eliminate all conflicts between the said Procedures and the proposed collective bargaining agreement by changing the Standard Operating Procedures to coincide with the Agree- ment, or to specify, in the case of grievance procedures, that the grievance procedures set out in the Agreement supercede the Standard Operating Procedures as to employees who are covered by the collective bargaining Agreement, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION I That the definition of "Regular Employee" in Section 2, page 3, of the Standard Operating Procedures is hereby amended to read as follows: "REGULAR EMPLOYEE- A permenant employee (full or part-time)" SECTION II That the definition of the word "Regular" in paragraph (A) of Subsection 5.01, Section 5, at page 14 of the SOP's is hereby amended to read as follows: "A. ~ular - Employee works on a permenant basis, full time or part-time." SECTION III That paragraph (G) of Subsection 7.03, Section 7, page 18 of the SOP's is hereby amended to read as follows: "G. Compensatory time off will be assigned by the department head, if the work schedule permits such time off, by selecting the time off from a list of at least three (3) time periods to be submitted to the department head by the employee within not more that seven days from the time worked on which the compensatory time is based. When such a list is presented, the department head shall attempt to accom- modate the employee's preferences for the compensatory time off, con- ditions permitting. The selected or assigned compensatory time off must be taken within thirty days from the date it is earned, or be forfeited. If no compensatory time off is assigned (no list) or selected by the department head from a timely list, then the employee shall be paid for the hours at -the overtime rate of pay. No employee will be required to take annual leave or be placed in leave without pay status during the basic workweek in order to deprive him or her of compensable overtime." SECTION IV That Section 8, pages 19 and 20 of the SOP's is hereby amended to read as follows: "SECTION 8 - HOLIDAYS 8.01 Days Observed A. The following are holidays for all full-time regular employees of the city. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (1~) New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Christmas Eve Day Christmas Day Any other days approved by City Council -2- When a holiday falls on a Saturday, the preceeding Friday shall be designated a substitute holiday and shall be observed as the official holiday for that year. When a holiday falls on a Sunday, the following Monday shall be designated as the substitute holiday and shall be observed as the official hol- iday. This provision applies only to full-time regular em- ployees. The Mayor shal[L determine when any departments or operations will be closed in observance of a holiday. The Mayor, with the approval of the City Council, can change the number of, and specific holidays designated. No part-time or temporary employee shall receive pay for any holiday on which the employee does not actually work. 8.02 Eligibility for Holiday Pay. Ail full-time regular employees will receive eight (8) hours off with pay for each of the holidays earned. All holidays earned must be taken as time off on ~il~ same day that it is earned or at a time designated by the Department Head. 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 of the holiday is observed must use the holiday on the same day that it is earned. An employee must be on active pay status or work his/her normal schedule of hours~ either on the scheduled working day immediately prior to the holiday or the regularly scheduled working day immediately following a holiday in order to qualify for the holiday time. Employees who are scheduled and required by their supervisor to work on the day observed as a holiday must work that day to be eligible to receive holiday pay. An employee who is scheduled to work on the day observed as a holiday and who reports sick will be charged with the holiday for that day. Regular full-time and regular part-time employees assigned and scheduled to work on a holiday, and who in fact do work, shall receive their usual day's pay plus pay for the holiday unless otherwise compensated. Temporary employees who are required to work on a holiday shall be paid straight time pay for the holiday worked. 8.03 HOLIDAY PAY - ROTATING SHIFTS. A. Holiday compensation is computed on the straight time rate. Full-time regular employees will receive the Holiday compensation whether they work the holiday or the Holiday falls on their day off. Employees will be compensated only for the holidays earned while employed by the City." SECTION V That Section 9, pages 21 and 22 of the $OP's is hereby amended to read as follows: -3- "SECTION 9 ANNUAL LEAVE (VACATION) 9.01 Eligibility. Only regular full-time and regular part-time employees are eligible to earn paid annual leave. Temporary and seasonal employees are not entitled to annual leave. 9.02 Rate of Accrual. (a) Annual leave is earned on a pro-rata monthly basis at the following annual rates: Continuous Employment Full-Time Leave Part-Time 1 year but less than 5 years 10 working days(80 hfs) 40 hrs (5 days) 5 years but less than 10 years 12 working days(96 hrs) 48 hrs (6 days) 10 years but less than 15 years 15 working days(120 hrs) 60 hfs (8 days) Over 15 years continuous service 20 working days(160 hrs) 80 hfs (10 days) (b) No annual leave may be taken during the first six months of employment or re-employment. (c) Annual leave accrual rate changes take effect on an employee's anniversary date. 9.03 Request for Annual Leave (a) A request for annual leave shall be submitted in writing to the employee's department head. (b) A request for leave shall not be granted if the employee has no accrued balance of annual leave. Annual leave shall not be used in advance of its being earned. (c) Holidays which occur during the period selected by the employee for annual leave shall not be charged against such annual leave; However, the holiday will be charged against holiday leave regularly due the employee. (d) The minimum charge against the accrued annual leave balance is one hour. One hour shall be deducted from an employee's accrued leave balance for each hour or part thereof than an employee is actually absent from his or her duty station. (e) No annual leave may be taken in advance of its approval by the department head. 9.04 Use of Annual Leave (a) Annual leave may be used for the following purposes: (1) Vacation; (2) Absences from duty for transaction of personal business wh'~.ch.".cannot be conducted outside of working hours. (3) Religious holidays not designated by the City as official holidays; (4) Medical leave if sick leave balance has been exhausted; and (5) Any other absences not covered by existing leave provisions, in the descretion of the City. -4- 9.05 (b) An employee who becomes sick while on annual leave may substitute accrued sick leave for annual leave for the period of illness. Upon the request of his/her department head, the employee shall supply appropriate certification from a physician as to the nature and duration of the illness. (c) Annual leave not used in the 12 month period following its accrual shall be forfeited unless specific exemption is granted for good cause after written request to the Mayor. The Mayor's decision shall be final and binding. Seperation from Employment Upon retirement, resignation, or other seperation from the service of the City, a regular full-time or regular part-time employee shall be entitled to be paid for his or her accrued balance of annual leave at the rate of pay received by the employee on the date of seperation, provided, however, that such employee has not been terminated for cause." SECTION VI That Section 10, pages 23 and 24 of the SOP's is hereby amended to read as follows: "SECTION 10 SICK LEAVE 10.01 Eligibility Only regular full-time and regular part-time employees are eligible for sick leave with pay. Temporary or seasonal employees are not entitled to paid sick leave. 10.02 Accrual of Sick Leave (a) Regular full-time employees accrue sick leave at the rate of one full working day (8 hours) of sick leave with pay for each calandar month of employment to a maximum of 12 days per year. Regular part-time employees shall accrue sick leave at the rate of four (4) hours for each calendar month of employment tu a m~xi~,ulL~ of six (6) days per year. (b) Sick leave does not accrue while an employee is on leave of absence, leave without pay, or sick leave. (c) Sick leave with pay may be taken during the first six months of employment or re-employment. (d) Annual sick leave accrual periods commence on an employee's anniversary date each calendar year. 10.03 Request for Sick Leave (a) An employee who is incapacitated and unable to work shall notify his/her immediate supervisor in accordance with departmental reporting procedures before the employee's scheduled reporting time. The employee shall state the nature of the incapacitation, its expected duration, and the expected period of absence. The employee shall repeat this procedure on each day he or she is unable to report for work, unless excused by his or her department head. -5- 10.04 (b) Upon the employee's return to work, appropriate documentation of the employee's sick leave will be submitted by the employee to the department head or his/her designee. Use of Sick Leave a) Sick leave may be used for the following purposes: (1) Employee ill health or maternity; (2) Medical, dental, or optical treatment required during working hours; (3) Quanantine due to exposure to infectious disease; (4) Employee ill health while on annual leave; (5) In connection with Workers' Compensation; and (6) For death in employee's immediate family. b) Whenever it aplpears that an employee abuses sick leave, such as when an employee consistently uses sick leave immediately upon its being accrued or before and after holidays or weekends, the employee shall be required to furnish competent proof of the necessity for the claimed absence due to illness. The City reserves the right to require a physician's certification in all cases of reported illness. Abuse of sick leave shall con- stitute grounds for disciplinary action. (c) Sick leave may not be used for absences due to illness or injury sustained while engaged in outside employment. (d) Employees may use sick leave during their first six months of employment. If an employee resigns or is otherwise terminated during the first six months probationary period, he or she will reimburse the City for all sick leave taken by deduction from his/her final paycheck. (e) Any unused sick leave balance if forfeited upon an employee's separation from City employment. (f) Effective October 1, 1985 through September 30, 1986, and each yearly period thereafter, every employee entitled to sick leave benefits and who does not take any sick leave during such yearly period, shall be given one day's pay, which payment shall be made in the first pay period in December, and, in addition, shall be given his or her birthday off with pay, subject to the work schedule. If work requirements do not reasonably permit the employee to take off from work on his/her birthday or the birthday falls on a holiday or day off, some other mutually agreeable day near the employee's birthday may be taken off with pay. The day's pay shall consist of four (4) hours for part-time employees and eight (8) hours for full-time employees. (g) Many slight injuries and sickness may prohibit the performance or regularily assigned duties; however, there may be other duties that such employees may be able to perform without aggravating such injuries or sickness. Providing the physician states that light duty work is acceptable, the employee may, at the Depart- ment Head's option, report to his/her supervisor for assignment within the department. The department may assign such duties as the health and condition of the involved employee permit, only in cases where bona-fide jobs or duties are available. In add- ition, such assignments will be allowed only when the super- visor determines that the employee can be productively employed at light duty. -6- 10.05 10.06 Charging Leave. Sick leave shall be charged to the employee for the actual time the employee is away from work. Transfer to Part-Time Employment. If an employee accrues sick leave while employed as a full-time employee, that accrued sick leave shall remain to the credit of the employee if the employee is transferred to the status of a part-time employee." SECTION VII That Section 11, pages 25,26,27, and 28 of the SOP's is hereby amended to read as follows: 11.01 11.02 11.03 11.04 "SECTION 11 - MISCELLANEOUS PAID LEAVES Funeral Leave. With the approval of the department head, paid funeral leave not to exceed three (3) consecutive working days may be granted to a regular full-time or regular part-time employee in the event of a death in the employee's immediate family. For the purposes of this provision, an employee's "immediate family" is defined as the employee's spouse, father, mother, son, daughter, brother, sister, father-in-law, mother- in-law, or any relative who is domiciled in the employee's household. Funeral leave shall not be charged to annual leave or sick leave or to compensatory time. Any absence in excess of three days in connection with approved funeral leave will be charged to accrued annual leave or, if no annual leave is accrued, to leave without pay. Court Leave. Applicable only to regular employees. (a) Employees attending court as a witness on behalf of a public jurisdiction or for jury duty during their' normal working hours shall receive leave with pay for the hours they attend court. (b) Employees subpoenaed to attend court are eligible for leave with pay. Those employees who become parties to a law suit are not eligible for leave with pay unless the court appearance is a direct result of their employment with the City. (c) Employees who attend court for only a portion of a regular scheduled work day shall report to their immiediate supervisor when excused or released by the Court. (d) Employees required to attend court while on scheduled vacation may be allowed to take court leave instead of vacation leave for such period, provided that the court attendance meets the requirements of this section 11.02. (e) Regular full-time employees required to attend court on a scheduled day off are eligible to receive up to eight (8) hours pay, if required, at straight time. Conference Leave. The City may grant conference leave with pay, together with necessary travel expenses, in order that employees may attend conferences, schools, and similer events designed to improve their efficiency, if considered to be in the best inter- est of the City. All leave and expenses will be recommended by the department head subject to approval of the Mayor. Maternity Leave. (a) An employee who is required to be absent from work for maternity reasons will be considered to be on sick leave status until' accrued sick leave is used up and, upon request, will be granted a leave of absence without pay. (1) In order to provide for uninterrupted coverage of the employee's position, the employee will notify her supervisor -7- 11.05 11.06 in writing at least four (4) weeks prior to her anticipated date of departure, stating the probable duration of the leave. (2) The maternity leave will be for up to six months from the date of commencement. Further extensions may be granted by the Mayor due to individual circumstances. (b) An employee may be permitted to continue work whenever her pregnancy does not adversely impair her work performance or health. Military Leave. A. Regular employees (full-time or part-time) who are commissioned reserve officers or reserve enlisted personnel in the United States Military or Naval service or members of the Florida State National Guard shall be entitled to leaves of absence for their respective duties without loss of pay for such time as they sh~ll be ordered to military service or field training in an active duty or active duty for training status for a period not to exceed seventeen consecutive calendar days in any one calendar year. B. The employee shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such order or statement must accompany the formal request for military leave at least two weeks in advance. C. Regular employees (full-time or part-time) who are members of the Armed Forces Reserve or Florida National Guard shall be excused from work without pay to attend inactive duty training drills as required. Evidence of membership in the applicable organization shall be provided to the department by the employee. Requests for such absences from work can be made by the employee either orally or in writing. The submission of the applicable Reserve or National Guard training'schedule will satisfy this requirement. Except upon declaration of civil emergency conditions, if there is a conflict between departmental scheduling and the required military training, the department will make every effort to excuse the employee from work. Leave Without Pay A. The decision to grant a leave without pay (leave of absence) is a matter of management discretion. It shall be incumbent on each department head to weigh and determine each case on its own merits, including time off for union business. (1) An employee granted a leave of absence must keep the department informed every three months of his/her current activity (school, medical, military, etc.). In addition, the employee must keep the department head advised of his/her current address at all times. (2) An employee who obtains either part-time or full-time employment elsewhere while on an authorized leave of absence is required to notify his/her department in writing within three days of the acceptance of such employment. (3) Failure to comply with the notification requirements will result in the employees being dropped from leave of absence status, in which case he/she must return to duty or be dismissed. (4) At least two weeks prior to the expiration of the leave of absence, the employee must contact his/her department head in order to facilitate the reinstatement process. (5) Failure by an employee to return to work at the expiration of a leave of absence shall be considered grounds for dismissal. B. During the time an employee is on leave without pay, the employee earns no sick leave or annual leave. If provided by the pension plan in operation, an employee may maintain retirement credit by paying the employee's full share of the premium. c. If an employee's leave of absence is occasioned by illness, he or she may continue group life and hospitalization insurance for a period of twelve months, provided that all necessary premium payments are made by the employee. In the case of leaves of absence not occasioned by illness, group life and hospitalization insurance may be continued for a maximum period of six months if all necessary premium payments are made by the employee. (1) A maximum premium payment deliquency period of two months will be enforced. If a monthly premium is delinquent and payment is not made by cash or payroll deduction from the next applicable pay period, coverage will be cancelled as of the beginning of the delinquent period. (2) If an employee is to be out of town during an approved leave of absence exceeding thirty days, payment arrangements must be made in advance so that premiums are kept current. (3) If coverage is cancelled during an approved leave of absence, it may be reinstated upon an employee's return to active duty without the necessity for the waiting period prescribed for new employees. ! 1.0 7 Eligibility Only regular full-time and regular part-time employees are eligible for the miscellaneous paid leaves provided by this Article. Ail such benefits are personal to the employee andshallnotbe transferrable. All other employees who take time for vacation, sick leave, funeral leave, court leave~ conference off leave, -9- or any other leave, shall be without pay and at the discretion of the department head, except as may be provided by State or Federal law. 11.08. General Policy - Leave without Pay. (a) In each case the City shall make reasonable efforts to return an employee from leave of absence without pay to his or her former position or a similar position of the same classification in another department. If no opening exists, the employee shall be placed on lay-off status. (1) Department Heads must submit the necessary forms placing employees on a leave of absence for any period of leave without pay which exceeds thirty (30) consecutive days or longer. The leave of absence will be effective beginning with the first day of absence. Leave without pay includes excused absences for sickness or injury without accumulated sick leave time and other excused absences without pay." SECTION VIII That Subsection 15.06, page 37, of the SOP's is hereby amended to read as follows: "15.06 SENIORITY - LAYOFF - RECALL. A. Definitions. City seniority is the total cumulative length of uninterrupted regular full-time or regular part-time employemnt of an employee by the City, measured from the most recent date of regular employment by the City, except as provided in paragraph B, below. Classification seniority is the length of regular full-time or regular part-time service by an employee in a unit job classification. City and class- ification seniority shall apply for the purposes of layoff, vacation computation, service awards, or other matters based upon length of service. B. ACCRUAL OF SENIORITY. (1) Probationary employees accrue no classification seniority until they become permenant regular employees, whereupon their classification seniority shall date from the date of entry into the classification. An employee who has completed his or her initial probationary period shall continue to accrue City seniority notwithstanding subsequent probationary period(s) resulting from promotion to a different job classification. (2) Temporary employees accrue no seniority until they become permanent employees, whereupon their City seniority will date from their first date of regular employment and be computed on a pro-rata basis for the period of part-time employment. C. LOSS OF SENIORITY. Employees shall lose City and classificat- ion seniority only as a result of: (1) voluntary resignation; (2) Retirement; (3) discharge; (4) layoff for a period exceeding twelve months; -10- (5) absence without authorization for three consecutive working days. (6) failure to return from military leave within the time limits prescribed by law; or (7) approved leave of absence of more than one year. D. WORK FORCE ADJUSTMENT AND LAY-OFF. (1) When work force adjustment becomes necessary due to lack of work, shortage of funds, discontinuance of operations, or the subcontracting out of City services, the City may lay-off employees. The affected employees shall be notified in writing no less than ten working days prior to the effective date of such lay-off. In lieu of notice, the City may elect to pay ten day's salary. (2) The duties performed by and laid-off employee may be reassigned to other employees already working who hold positions in appropriate classifications. (3) No regular full-time employees shall be laid-off while a probationary, part-time, or temporary employee remains in the same job classification. (4) Permenant regular 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 only be permitted in the event of a lay-off, in accordance with the following procedures: (a) Affected employees shall have five calendar days, from the date they are notified by management of the lay-off, to notify management whether they desire to bump or take the lay-off. (b) if the employee chooses to bump, the employee shall within the same five calendar days, identify the unit job position which is to be the subject of the bump. If the employee possesses the minimum qualifications for that position, and has greater City seniority than the present occupant of that position, the bump shall take effect within five calendar days from the date of the notification. If otherwise eligible, the bumped employee may then proceed himself in accordance with Section 4(d) of this article. (c) In the event that two or more employees affected have the exact same classification seniority, the employee with the least City seniority will be laid off first. (d) An employee bumping to a different job classification shall be placed in a trial period of not less than thirty days, nor more than sixty (60) days. If, in the opinion of the City,' the employee cannot satisfactorily perform the duties of the position to which the employee has bumped, the employee will be laid off. -11- ( e ) An employee bumping to a job classification which is lower than his present job classification will be paid at his present rate of pay or at the maximum rate of the lower classification, whichever is lower. ( 5 ) Temporary employees and probationary employees in their initial proba- tionary period shall, have no bumping rights. An employee who is in probationary status as of the notice of 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. seniority. Recall (t) Recall of laid-off Notification of recall employees shall be made in accordance with City shall be made by certified mail, return receipt requested, to the last address shown in the employee's personnel records. Laid-off employees who desire to be recalled shall keep the City .continuously informed of their current mailing address, or lose their recall rights. (2) Within three working days after receipt of a notice of recall, recalled employees who desire to return to work must notify the' City that they intend to return to work, or lose recall rights. Recalled employees must return to work fit for duty within ten working days of the receipt of a recall notice, or lose recall rights. F. Permanent part-time employees may bump only other part-time employees." SECTION IX That a new Paragraph (C) shall be added to Section 18.02, page 47 of the City's Standard Operating Procedures, which new paragraph reads as follows: "C. Grievance procedures for vested regular employees who are covered by any labor agreement shall be as specified in the labor agreement." SECTION X to amend the City's Standard Operating Ordinance, and to provide copies of amended pages to the Department Heads for inclusion in their The City Clerk is directed procedures as specified in this the w12- respective copies thereof. SECTION XI This Ordinance shall not be codified in the City's Code of Ordinances Book. The City Clerk shall note on the amended pages the following: "Amended by Ordinance No. ~-~-~ , April /7, 1985." SECTION XII This Ordinance shall be effective immediately upon final passage by the City Council of the City of Sebastian. I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, after one public hearing thereon, on the /$~ day of April, 1985. ~mes Gallagher, Mayor ATTE ST: ~ .......