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HomeMy WebLinkAboutDocumentation_Regular_Tab 07_01/10/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 1 /10/2013 Consent Agenda: Yes Resolution #: Originating Department: Human Resources AGENDA ITEM TITLE: (W�ing form the SUBJECT line of your staff report) Addition of 2 personnel policies (Ethics Training and Reporting Possible Wrongdoing to the OIG) BUDGET / FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: Amount Remaining after item: N/A N/A Budget Transfer Required: No Appropriate Fund Balance: No EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) The Human Resources department is seeking to add 2 new personnel policies per Palm Beach County requirements, as set out in attached memo of 12/31/2012 addressed to the Village Manager. APPROVALS: SIGNATUR • Department Head ' '%', :; Finance Director Reviewed for Financial Sufficiency ❑ No Financial Impact � Attorney: (for legal sufficiency) See attached Village Manager: Submit for Council Discussion: ��� Approve Item: ❑ Deny Item: � SPECIAL INSTRUCTiONS FOR CLERK: (if you wish to have agreements signed, be sure to include the number of copies you want signed and place "Sign Here" sticker on them) Form Amended: 10/20/11 • • • Memo To: Michael R Couzzo, Jr., Village Manager , From: Merlene Reid, HR Director �%� � Date: December 31, 2012 Re: New Personnel Policies Addition The Human Resources department is requesting approval to add the following two (2) new policies for the reasons outlined below: Policy Name & Number New Policy Summary 1. Ethics Training (3.15) Establishing Village policy and procedures for providing guidelines to employees regarding mandatory ethics training. 2. Reporting certain matters This policy explains the procedures for Village to the OIG (3.16) employees to report certain matters to the Office of Inspector General (OIG). These policies are being added at the directive of the Ethics Commission and the Office of the Inspector General, respectively, as a requirement for all Palm Beach County municipalities. VILLAGE OF TEQUESTA PERSONNEL POLICY 2) As part of the required training, all Village employees are required to read the Palm Beach TITLE: E1'HICS TRAINING County Code of Ethics, and their Ethics Pocket Guide, copies of which will be distributed on the POLICY: 3.15 first day of employment and are also available at www.palmbeachcountyethic s.com EF'FECTIVE: January 10, 2013 3) After initial training, periodic mandatory follow- REVISED: NEW up training is required of all Village employees every two (2) years. The COE will coordinate REFERENCE: Pa1m Beach County Code of Ethics with the Village Manager to provide timely and §2-446(a) effective follow-up training. PAGES: 2 4) After completing training and having read the Code of Ethics, all Village employees shall complete the approved acknowledgment form CONTENTS: This policy consists of the following provided by Human Resources (also available at numbered sections: http://www.palmbeachcountvethics.com/forms.ht �, indicating that they attended a live COE I. Policy training session or viewed the appropriate web- II. Procedure video or approved DVD provided by the COE. The training acknowledgment form must be PURPOSE: To set the Village's policy and signed by the Village employee and submitted to procedures for providing guidelines to all Village the HR Director for inclusion in their personnel employees regarding mandatory ethics training. � I. POLICY STATEMENT: 5) Compliance reviews performed by the COE are for the purpose of achieving ma�imum Pa1m Beach County Code of Ethics §2-446(a), compliance with the Code of Ethics training requires employees to be informed of their ethical mandates as contained in Art. XIII, §2-446 of the responsibilities at the start of their employment, and palm Beach County Code of Ethics. Results of to receive updates and training materials throughout training compliance reviews will be submitted to the span of their service. The Village is required to the Village for necessary action prior to the establish a training schedule for all employees, which issuance of a compliance report. The Village shall include mandatory periodic follow-up sessions. shall have an opportunity to cure any deficiency II. PROCEDURE within a reasonabie time not to exceed forty-five (45) days. Compliance reviews will be 1) All Village employees will receive initial Code performed by the COE on an as needed or bi- of Ethics training on the first day of �� basis. employment. This training may consist of live training with Palm Beach County Commission 6) The Village Manager is designated as the liaison on Ethics (COE) staff, on-line training through between the Village and the COE. The Village the use of the training video available on the Manager will coordinate ali mandated training COE's website, or a DVD presentation by COE �d compliance audits with the C�E. COE staff S �� will make every effort to accommodate scheduling requests for both training and auditing of compiiance. 1 7) Periodically, the COE will recommend changes, modifications or updates to this ethics training policy. The Village Manager will provide such recommended changes, modifications or updates to the Village Council for review and approval. APPROVAL: MICHAEL COUZZO, MANAGER TEQUESTA, FLORIDA 2 VILLAGE OF TEQUESTA � PERSONNEL POLICY II. AUTHORITY TITLE: Reporting Matters to the OF6ce of tLe The Pa1m Beach County Office of the Inspector Inspector General General Ordinance; and Sections 112.3187 — 112.31895, Florida Statutes. POLICY: 3.16 III. POLICY EFFECTIVE: J�uary 10, 2013 1) Village employees sha11 promptly notify the OIG REVISED: NEW and/or their department head of possible mismanagement of a contract (misuse or loss REFERENCE: Sec. 112.3187 — 112.31895, Florida exceeding $5,000 in public funds), fraud, theft or Statutes bribery. PAGES: 2 2) In addi6on to the above, an employee may directly report to the OIG any other conduct which may fall within the Inspector General's CONTENTS: This policy consists of the following jurisdiction. numbered sections: 3) If the matter being reported appears to involve I. Updates the employee's department head, the employee II. Authority may report direcdy to the Village Manager. An III. Policy employee may make his or her report to either N. Methods of Reporting the OIG or management orally or in writing. If a PURPOSE• department head receives such a report from an ' employee, or otherwise becomes aware of such a situation, the department head shall promptly The Palm Beach County Office of Inspector General report the situation in writing to the OIG, with a Florida Ordinance includes certain reporting copy to the Village Mana.ger. requirements. It requires the Village Manager to report certain specified acts or omissions to the 4) Whistle-blower Allegations — In accordance with Office of Inspector General (OIG). It also designates �s Policy and the Florida Whistle-blower Act, the Inspector General as "an appropriate local if a municipal employee reports any of the officiaP' for purposes of whisUeblower reporting and following d'uectly and in writing to the Inspector protection under Florida law. Furthermore, it makes �neral, he or she may be granted "whistle- it a crime for any person to attempt to retaliate, blower" protection by the Inspector General: punish, harass, or penalize anyone for communicating with or cooperating with the Office a. Any violation or suspected violation of any of Inspector General. This policy explains the federal, state, or local law, rule, or procedures for Village employees to report regulation committed by an employee or appropriate matters to the OIG. agent of an agency or independent contractor which creates and presents a I. UPDATES: substantial and specific danger to the public's health, safety or welfare. Future updates will be the responsibility of the b. Any act or suspected act of gross Village Mana.ger, in coordina.tion with the Inspector mismanagement, malfeasance, misfeasance, General. gross waste of public funds, suspected or 1 actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor. Employees should note that reporting a matter to the Inspector Generat pursuant to the Whistle-blower Act does not guarantee the employee "whistle-blower" protection under the Act. That is a determination which will only be made by the Inspector General after evaluation of the complaint. IV. METHODS OF REPORTING The OIG reporting form can be found at: h :lttp /wwwpbcQOV.com/OIG/rwfa.htm An employee can file a report by: 1. Email to the OIG at (insvector@ b�c og v•ore); 2. Fax to the OIG at (561) 233-0735; 3. U.S. mail to the OIG at P.O. Box 16568, West Palm Beach, FL 33416; or 4. OIG Hotline toll free at (877) 283-7068 or (561) 233-2350 APPROVAL: MICHAEL COUZZO, MANAGER TEQUESTA, FLORIDA 2 Reid, Merlene From: Keith Davis [KeithC�corbettandwhite.com] Sent: Monday, December 31, 2012 11:29 AM To: Reid, Merlene Subject: RE: POLICY REVIEW FOR LEGAL SUFFICIENCY Attachments: NEW - Reporting to the OIG 316 KWD revised.doc; Personnel PolicyUpdates Jan 2013- Memo to VM.doc Follow Up Flag: Follow up Due By: Wednesday, January 02, 2013 8:00 AM Flag Status: Flagged Merlene: Please see revised versions of the memo and the OIG policy. I have no revisions to the other two documents. Keith W. Davis, Esquire ��f,���!d�� - J��. � Tel: (561) 586-7116 Fax: (561) 586-9611 Email: keith @ corbettandwhite.com From: Reid, Merlene [mailto:mreidCa�teauesta.org] Sent: Sunday, December 30, 2012 7:47 PM To: Keith Davis SubjeCt: POLICY REVIEW FOR LEGAL SUFFIQENCY Hi Keith, I've attached 2 new policies along with the Agenda sheet for your review. These are the mandatory policies required by the Ethics Commission and the OIG. You will note that I've only addressed employees in the Ethics training policy as I've asked Lori to address the public officials separately, as our personnel policies only address employees. Thanks. Merlene Merlene Reid, M5, SPHR Human Resources Director Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469-0273 TeL• (561) 768-0415 Fax: (561) 768-0697 1