HomeMy WebLinkAboutDocumentation_Regular_Tab 08_09/12/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
9/12/2013
Consent Agenda: Yes Resolution #:
Originating Department: Human Resources
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Revision of 4 personnel policies and addition of 1 new personnel policy
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 ifem)
The Human Resources department is seeking to add 1 new personnel policy and revise 4
current policies as set out in attached memo of 8/26/2013 addressed to the Village Manager.
APPROVALS: SIGNATURE: , A ,,,. �, ,
Department Head � � �' � �, � ����%
Finance Director ,� � �, �n
F�eviewed for Financial Sufficiency ❑ � o`,
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
/ .i f
% j�
From: Merlene Reid, HR Director �,r �� ��
!�r'�� ,,,
Date: August 26, 2013
Re: Personnel Policy Addition/Revision
The Human Resources department is requesting approval to:
1. Add an "Arrest or Conviction of an Employee" policy (3.14),
2. Revise the following 4 policies which impact those part-time employees who
currently receive limited benefits.
a. Types of Employment (2.6)
b. Sick Leave (5.1)
c. Vacation Leave (5.2)
d. Village Holidays (5.3)
The policy addition is to ensure that employees are aware of the need to
communicate any arrest or conviction in a timely manner. The focus of the other 4
policy revisions is to address the loss of leave benefits to part-time employees whose
work hours have been reduced from 30 to 28 hours weekly. Part-time employees
who presently work 30 or more hours receive limited leave benefits and this benefit
ceased in August 2013 as the reduced work hours prohibit them from receiving this
benefit.
HR is recommending that the eligibility requirement be changed to recognize
employees who work a total of 26 or more hours weekly. HR has also taken the
opportunity to make some additional timely changes to some of these policies. All
changes have been highlighted for easy referencing.
i
i
Reid, Merlene
From: Lucille Turner [LETurner@carson-adkinslaw.com]
Sent: Thursday, August 29, 2013 4:52 PM
To: Reid, Merlene
Subject: Proposed Personnel Policy Changes
Merlene—
We have reviewed the following proposed Personnel Policy changes, which are scheduled to be presented to the Village
Council for approval on 9/12/13:
• Arrest or Conviction of an Employee (3.14) (new item)
• Types of Employment (2.6)
• Sick Leave (5.1)
• Vacation Leave (5.2)
• Village Holidays (5.3)
All of the items are legally sufficient, and are appropriate changes to the existing Personnel Policies.
Please contact us if we can be of further assistance.
Lucille E. T'urner LETurner@carson
Carson & Adkins 850-894-ioo9
293o Wellington Circle, Suite 201 850-894-i6�7�7 fax
Tallahassee, FL 32309 850-322-�o6g cell
This transmission is intended to be delivered only to the named addressee(s) and may contain information that is
confidential, proprietary, attorney work-product, or attorney-client privileged. If this transmission is received by anyone
other than the named addressee(s), the recipient should immediately notify the sender by e-mail or telephone at (850)
g94=1o09 and obtain instructions as to the disposal of the transmitted material.
1
VILLAGE OF TEQUESTA
PERSONNEL POLICY
whose position meets specific tests
TITLE: TYPES OF EMPLOYMENT- established by the Fair Labor Standards Act
DEFINITIONS (FLSA), and state law and who are exempt
from overtime pay requirements.
POLICY: 2.6
E. `Hourly non-exempY' means an employee
EFF`ECTIVE: July 1, 2004 whose employment is subject to the rules
laid out in the PLSA and who are paid on an
REVISED: November 8, 2007 hourly basis plus overtime pay.
PAGES: 2 F. "Full-time employee" means an employee
who is regularly assigned to work forty
hours per week.
CONTENTS: This policy consists of the following
numbered sections: G. "Part-time employee" means an employee
who is regularly assigned to work less than
I. Types of Employment forty hours per week. Part-time employees
I who regularly work �26 or more hours per
PURPOSE: To establish guidelines and definitions week may be eligible for some benefits.
for types of employment and for entitlement to Eligibility status will be stated in the
benefits. relevant policy.
1. TYPES OF EMPLOYMENT: H. "Regular employee" means full-time ar part-
time employees who are hired to fill a
A. "Anniversary date" means the date that an regularly budgeted position.
employee begins employment with the
Village and the same date in following years T. "Probationary employees" are Police
unless the anniversary date is adjusted Officers and Fire Fighters with less than one
consistent with the procedures set forth in (1) year's service and all other employees
the Human Resource Office. with less than one hundred and eighty (180)
calendar days of service, ar who are working
B. "Department Head" means each of the during an extended introductary period.
following: the Village Clerk, Finance Department heads who are "at will"
Director, Police Chief, Fire Chief, employees, serve no probation period.
Community Development Director, Public
Works Director, Director of Parks and "Regular rate of pay" means the hourly rate
Recreation, Utilities Director, Assistant of pay actually paid an employee for the
Village Manager, Human Resource Directar. normal, non-overtime wark week for which
he/she is employed.
C. "Employee" means any person holding a
position or employment with the Village and J. A Reseive Police Officer is a certifi
who is paid wholly or in part from Village officer who perfot�ms the same duties as a
funds. regular Police Officer on a part-time,
v olunteer basis. Reserve officers are not
D. "Exempt employee" means an employee cli�ible for benefits, unless otherwise
pr bv law.
K. An Interim Firefi�hter is a full-time,
temporary�osition for a pre-established
period (usually 3 vears), to assist individuals
in obtainin�a career in the fire service, with
the option to renew the a�reement for an
additional term. Benefits are specified in
their contract and insurance coverage is
�rovided to the extent required by law,
�L. "Temporary employee" means an
employee who is hired for a pre-established
period of up to 180 days, usually for a
special project or other work of a temporary
nature. They may work a full-time ar
part-time schedule. They are ineligible far
Village benefits unless otherwise provided
by law. Temporary agency employees are
not employees of the Village.
I �-M "Seasonal employee" means an
employee hired for a specific period, usually
during the summer or for a pre-established
period of up to 180 days. They may work
full or part time schedules and are ineligible
for Village benefits unless otherwise
provided by law.
I �N. "Work day" means the 24-hour
period from midnight to midnight.
I AF.-O. __"Work week" means the
continuous 7 day period beginning at 12:00
a.m. on Sunday and consisting of seven 24-
hour periods or 168 consecutive hours.
APPROVAL:
MICHAEL COUZZO, MANAGER
TEQUESTA, FLORIDA
VILLAGE OF TEQUESTA
PERSONNEL POLICY
II. EMPLOYEE'S FAILURE TO REPORT:
TITLE: ARREST OR CONVICTION OF
AN EMPLOYEE An employee's failure to report an arrest or a
conviction within the specified time period absent a
POLICY: 3.14 valid explanation will result in disciplinary action.
EFFECTIVE: 5eptember 12. 2013 III. PENDING CHARGES AT TIME OF
HIRE:
REVISED:
A person who has pending charges at the time of hire
PAGES: 1 must report the arrest to the department head or a
representative of the Human Resources department.
CONTENTS: This policy consists of the following IV. ADMIlVISTRATIVE ACTION:
numbered sections:
The Director of Human Resources in conjunction
I. Policy Statement with the department head shall determine the
II. Employee's Failure to Report to Work appropriate administrative action to be taken, if any,
III. Pending Charges at time of Hire regarding the issues which resulted in the employee's
IV. Administrative Action arrest and/or conviction.
PURPOSE: To provide a procedure for
employees or pending employees to communicate
arrest.
I. POLICY STATEMENT: APPROVAL:
MICHAEL COUZZO, MANAGER
Any employee who is arrested for, or convicted of, a TEQUESTA, FLORIDA
misdemeanor or felony shall notify the department
head of such arrest or conviction by the end of the
next business day but no later than forty-eight (48)
hours after the incident. Any employee on leave
shall report any arrest and any subsequent
disposition, including conviction, to the department
head within forty-eight (48) hours. In the case of an
employee who is incarcerated, a family member may
contact the department head on the employee's
behalf:
• to report the absence on the first day of
absence
• to report the arrest within the forty-eight (48)
hour period.
The Department head shall immediately notify the
Village Manager who will notify the Director of
Human Resources.
1
VILLAGE OF TEQUESTA
PERSONNEL POLICY
entitled to sick leave. Any accrued sick time used
during the first six months of employment, shall be
TITLE: SICK LEAVE reimbursed back to the Village if the employee fails
to successfully complete probation. This deduction
POLICY: 51 will be withheld from the employee's final paycheck
at the time of separation.
EFFECTIVE: July 1, 2004
II. ACCRUALS AND BENEFITS:
I REVISED: -November 13, 2008
September 12, 2013 Sick leave granted and not used shall accrue to the
credit of each such employee, up to a maximum total
PAGES: 3 accumulation of one thousand one hundred and
twenty (ll20) hours far regular, full-time employees
� and �i�-���-a�t�-#c��yseven hundred and twentv
CONTENTS : This policy consists of the following eigl�t (�4A728) hours for regular, part-time
numbered sections: employees.
I. Policy Statement In any case in which an employee shall be entitled to
II. Accruals and Benefits benefits or payments under the Workers'
III. Notification Compensation Act or similar legislation of the State,
� N. Sick L,eave Usage or any other governmental unit, sub'�ect to tl�ie
V. ��Empl�er Responsibilities availability of accrued sick leave�the Village shall
VI. Sick Leave Sharing pay the difference between the benefits and payments
VII. Sick Leave Buy Back received under such Act by such employee and the
VIII. Termination regular rate of compensation he would have received
from the Village if able to work. =Ft3€--ti���
PURPOSE: To establish guidelines far the use of YQ�=� `-����� °''°-��
sick leave for personal illness and on-the-job injuries ''""��-�1�€-H° �+ """,° '""` °,,." °"'^'„°°° �°''
for Village employees. aEea�'°'°�=nc-l�--ie-aT' ",.��`'�''` --�`�--}��"'�R `�"�
�e��fi�cl.- Furthermore, the sick leave benefits herein
1. POLICY STATENIENT: specified shall not be applicable to any employee
who is covered by any relief and pension act or
General. All eligible, full-time and part-time similar legislation providing for sickness and/or
employees shall be entitled to sick leave as follows: disability payments, or the State, granting
substantially equal or greater benefits than herein
Sick leave shall accrue as provided herein from the provided. The employee is also rec�uired to us sick
date of initial employment. Un-represented full-time leave accruals durin� the initial waitin�period. Siek
re�ular employees shall be granted sick leave at the leave shall not accrue during leaves of absence and
rate of eight (8) hours for each calendar month of suspensions without pay. While out on Workers'
service. The accrual of sick leave for represented Compensation, the employee will accrue sick and
employees shall be in accordance with the applicable vacation leave on the same basis as if regularly �
collective bargaining agreement. Part-time employed, but such accrual is credited to the
I employees who regularly work ;�E�-26_or more hours employee only upon return to work. If an employee
per week shall be granted sick leave at a pro rata rate separates without returning to work, no payment shall
of u�five_ and onc-half (65.5) hours for each be made for such sick and vacation credit.
calendar month of service. Part-time employees who
regularly wark less than �A-�6 hours per week are not lJnionized F'ublic Safet�e�l��yees should also refer,
-- — -- --
t<� their_u���on_aarecments Por_additional information
1
� re�arding accruals and benefits during_ woi•1<ei•s' When an employee is transferred to another position,
compensation and disability leaves._ any unused sick leave which may have accumulated
to the employee's credit shall transfer with the
III. NOTIFICATION: employee.
When the employee knows in advance that he or she An employee may utilize vacation time when sick
will be using sick leave (for example, for medical leave has been exhausted, with authorization from
appointments scheduled in advance), the employee their Department Head.
must notify his or her supervisor in advance, and as
soon as possible after the employee becomes aware Earned sick leave accruals must be exhausted priar to
� of the need to use sick leave. taking an unpaid medical leave of absence.
When the employee's need to use sick leave is
unforeseen (such as feeling sick on the day that he or
I she is scheduled to work), the employee should notify V. ���p�o�'�� �MPL�YEIY
his or her supervisor immediately of his or her intent RESPONSIBILITIES: � R �
to use sick leave, and such notice must be received no
later than 30 minutes after the employee is scheduled It is the responsibility of each Department Head ar
to begin work. Failure to do so may result in denial designated supervisor to ensure the provisions of this
of sick leave pay and disciplinary action, if policy are observed. Corrective action should be
appropriate. The employee should also let the taken in instances of suspected abuses or
supervisor know when he/she expects to return to misinterpretation of the utilization of sick leave.
work. Police and Firefighters have more stringent
notification requirements because of their need to Department Heads will ensure that any sick leave
provide adequate shift coverage. used will be reflected with Che submission of time
sheets.
A full-time employee who is on sick leave as above
specified far a period of three (3) days or longer It is the responsibility of the Department �
shall, bring a doctor's release statement indicating r�v�, �r�s��Head to ensure that proper
���� ��
any work restrictions on or before tlle time that the accountability of sick leave is kept on all eligible
�------ ----- -
em�lo�e �_et�u to woi�k. employees. This shall include keeping a record of
accruals and utilization.
An employee who is on disability or sick leave shall
keep his/her supervisar advised on a daily basis as to Departments may establish mare restricCive sick
the employee's condition and expected date of return leave procedures as long as they are not in conflict
to duty. If requested, the employee shall provide a with applicable labar contracts and are necessary for
doctor's certificate stating the cause of the absence the effective operation of the department.
and the nature of the illness before sick leave
payment is authorized. VL SICK LEAVE SHARING:
IV. SICK LEAVE USAGE: The Village Manager may permit a full-time or part-
time employee to receive sick leave donations from
Sick leave benefits shall apply to bona fide cases of other qualified employees under this subsection if:
� sickness, in�ui�,_ac����s��—doctor or dental
appointments, maternity leave, and requests for the 1, The employee suffers from an illness, injury,
employee's presence by immediate family, doctor or impairment, or physical or mental condition
� clergy due to family illness or ���¢in'�Luy. which is of an extraordinary ar severe nature and
which has caused, or is likely to cause, the
Sick leave shall be rounded off to the nearest 15 employee to:
minutes.
No sick leave will be given to an employee in excess (a) Go on leave without pay status; or
(b) Terminate Village employment,
of the amount earned and available to the employee.
2. The employee's absence and the use of shared
I
2 I
sick leave are justified. completed their probationary period. Temparary
employees and Interim Firefighters are not eligible
3. The employee has depleted or will shortly far sick leave payment. The amount of
deplete his or her annual vacation leave and sick reimbursement shall be a percentage of any accrued
leave reserves. sick leave, up to the maximum accrual amount. The
percentage is based on whole completed years of
4. The employee has abided by all personnel rules service with the Village as follows:
regarding sick leave use.
One (1) through four (4) completed years of
The Village Manager shall determine the amount of employment — 25 percent reimbursement for sick
sick leave, if any, which an employee may receive leave.
under this section. However, an employee shall not
receive, in donations, a total of mare than seven Five (5) through nine (9) completed years of
hundred and twenry hours (720) of donated sick employment — 33 percent reimbursement far sick
leave. leave.
Donated sick leave shall be utilized in the order of Ten (10) through nineteen (19) completed years of
� receipt-���V-�N,��-l14;�����. Such leave shall be employment — 40 percent reimbursement for sick
donated in eight (8) hour increments. leave.
The amount of sick leave time transferred under this Twenty (20) ar mare completed years of employment
section which remains unused shall be returned to the — 50 percent reimbursement for sick leave.
employee or employees who transferred the leave at
the time the Village Manager finds that Yhe leave is
no longer needed or will not be needed at a future
time in connection with the illness or injury for which
the leave was transferred.
I APPROVAL:
VII. SICK LEAVE BUY BACK MICHAEL COUZZO, MANAGER
TEQUESTA, FLORIDA
Effective December 1 of each fiscal year, any eligible
employee who has been continuously employed for at
least twelve (12) months and who has an accrued sick
leave balance of 480 hours, and who has taken no
mare than farty (40) hours of sick leave during the
twelve (12) month period immediately preceding
��?°�°��"°�—'�e�tember 3Q of each fiscal year, may
sunender 40 hours for cash payment at one hundred
percent (100%) of their cunent hourly rate. Any
additional eligible hours may be redeemed at fifty
percent (50%) of their current hourly rate. However,
employees must have at least 360 hours of sick leave
remaining after surrendering sick leave for cash
payment, to be eligible to buy back sick leave under
these provisions.
�
VIII. TERMINATION:
Employees who resign with the proper two-week
notice, who have not been terminated for cause and
who have been an employee for at least one year are
reimbursed for a portion of sick leave accrued.
Payment for any sick leave shall be provided to those
full-time and part-time who have successfully
3
VILLAGE OF TEQUESTA
PERSONNEL POLICY
Unless specified otherwise in an applicable collective
bargaining agreement, an employee may accumulate
TITLE: VACATION LEAVE up to a maximum of 320 hours (40 days) accrued
vacation leave. Vacation time earned in excess of
POLICY: 5.2 said maximum limit shall be used priar to October 1
of each year ar forfeited. On September 1 of each
EFFECTIVE: July 1, 2004 year, employees with vacation accruals in excess of
160 hours may surrender some or all of their excess
REVISED: November 13, 2008 hours for cash payment at their hourly rate of pay.
Employees must use 80 hours of vacation time per
PAGES: 2 year, to be entitled to surrender hours for cash.
Vacation leave shall be expended in increments of
CONTENTS: This policy consists of the following not less than four (4) hours. Vacations shall be
numbered sections: scheduled at such times as the Department Head
approves and finds most suitable after considering the
I. Policy Statement wishes of the employee and the requirements of the
II. Full-Time Employees department.
III. Part-Time Employees
IV. Approval Process III. PART-TIME EMPLOYEES:
PURPOSE: To outline vacation policy for Vacation Leave far Part-Time Employees: part-time
employees. To assure that vacation schedules are employees who separate from the Village may
made with full reference to the operating needs of the receive compensation at their regular rate of pay for
Village. To provide far a procedure of approval and each hour of vacation earned. Part-time employees
communication. who regularly work �8-26 or more hours a week,
shall accrue vacation at the rate of 2��1538 hours
L POLICY STATEMENT: per pay period or <';"�rrfifty six (6456) hours per
year.
After completion of the initial probationary period,
employees are eligible to use vacation leave. After TRANSFERS. If an employee transfers from one
the successful completion of the probationary period, department within the Village to another, the
employees are credited the amount of vacation leave vacation leave credits shall also be transferred.
accrued from the date of hire. An employee who
separates from employment prior to the successful The established period of determining vacation credit
completion of the probationary period is not entitled will be from the employee's date of hire. Vacation
to a payout for any vacation leave. credit earned by an employee cannot be transferred to
another employee.
Vacation leave is accrued at the following rates:
Temporary employees shall not earn vacation nor be
II. FiILL-TIME EMPLOYEES: entitled to vacation upon termination of their
employment, with the exception of Interim
Date of hire through fourth (4) year- 10 days/80 hrs. Firefighters, who are entitled to vacation based on the
Fifth (5) year through ninth (9) year-l5 days/120 hrs. terms of their contract.
Tenth (10) year ar more — 20 days/160 hrs.
Represented employees earn vacation time in
� TemporarX full-time employees will acc v accordance with their respective union agreement.
at the rate of 3.07692 per pay ep riod•
1
Vacation leave will not accrue while an employee is
on leave of absence and suspensions without pay.
Accrued and unused vacation leave may be used to
supplement sick leave if the employee has exhausted
sick leave accruals.
Paid holidays occurring during vacation are not
charged to vacation.
IV. APPROVAL PROCESS:
1. Department Heads are responsible for managing
the vacation schedules in their departments and
for administering the provisions of this policy.
Where an employee formally requests vacation
and a manager does not approve it, the employee
shall not be subject to the forfeiture clause in
Section II above. The manager shall then advise
the Human Resources department in writing, of
the reasons for the refusal, which must show the
department's exigencies which required such
action.
2. The Village Manager shall approve all vacation
schedules for Department Heads.
3. Vacation approvals by Department Heads and by
the Village Manager shall be made only when
the eff'iciency of Village operations will not be
adversely affected.
4. Unless approved by the Village Manager:
a. A Department Head and next ranking
employee cannot take vacation at the same
time, and
b. No more than three (3) Department Heads
shall take vacation at the same time.
APPROVAL:
MICHAEL COUZZO, MANAGER
TEQUESTA, FLORIDA
2
VILLAGE OF TEQUESTA
PERSONNEL POLICY
Saturday, the preceding Friday shall be deemed to be
the legal holiday. Where December 24�' and 25�' and
TITLE: VII,LAGE HOLIDAYS December 31 and January l st fall on a
Friday/Saturday, the holiday falling on the Saturday
POLICY: 5.3 will be observed on the Monday, and where these
dates fall on a Sunday/Monday, the additional day
EFFECTIVE: July 1, 2004 will be observed on the Tuesday.
REVLSED: September 9, 2010 Regular Part-time employees, who work �--26 or
September 8, 20ll more hours weekly, shall receive a pro rat amount
�_�� Septe�uber 12, 2013 of 5.6 hours�� of compensation at their regular
straight time hourly rate for each approved holiday.
PAGES: 1
If any holiday mentioned above falls on an
employee's regularly scheduled day off, the employee
CONTENTS: This policy consists of the following shall be compensated either through holiday pay or
numbered sections: holiday compensatory time.
I. Policy Statement When a holiday falls within a period of paid leave,
the holiday shall not be counted as a leave day in
PURPOSE: To provide a policy for uniform computing the amount of leave debited.
administration of standard Village holidays.
Non-exempt employees required to work on any
I. POLICY STATEMENT: designated holiday shall receive overtime pay in
addition to the holiday pay.
The Village shall celebrate the following holidays off
�Ni±h pay far full-time and part-time n�n-union
employees:
NEW YEAR'S DAY - January 1
MARTIN LUTHER KING - 3rd Monday in January APPROVAL:
PRESIDENT'S DAY - 3rd Monday of February MICHAEL COUZZO, MANAGER
MEMORIAL DAY - Last Monday of May TEQLTESTA, FLORIDA
INDEPENDENCE DAY - July 4
LABOR DAY - lst Monday of September
VETERAN'S DAY - November 11
THANKSGIVING DAY- Last Thursday of
November
DAY AFTER THANKSGIVING
CHRISTMAS EVE DAY — December 24
CHRISTMAS DAY - December 25
NEW YEAR'S EVE — December 31
In the event a holiday falls upon a Sunday, the
following Monday shall be deemed to be the legal
holiday. In the event the legal holiday falls on a
1