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Home My WebLink AboutHandouts_Regular_08/09/2007 (3)McWilliams, Lori From: Ggenco@aol.com Sent: Thursday, August 09, 2007 2:01 PM To: Couzzo, Michael; McWilliams, Lori Subject: Proposed Personnel Policies- addendums, errata, comments Mike- Thanks for the copy of the Personnel Policy Manual that was omitted from the Internet. I'd appreciate you or Lori making hard copies and forwarding this on by email to the Council Members as I may not have all the correct addresses. As I noted at my earlier meeting with you on July 12, and in a communication to Mayor Humpage I found a number of errors as well as items which conflict with the public records requirements of FS 119(11)1. A list of items follows the important ones are in BOLD: (PS Given so little time to review this my focus is only addendum type, however I realize a lot of work went into this.) 1. Policy 1.1 Section II Scope notes an independent contractor, no definition is contained in the definitions sent to me yesterday. Section III Notation that "generally" employees are at will, either they are or aren't additionally situations addressed under collective bargaining agreements. "Bill of Rights" issues apply to all employees not just police and fire. 2. Policy 1.3 Section I(A)(3) No one may "remove" records from personnel file. They are all part of public records. See AOG opinons 94-54, 94-75 8~ 77.48. Section II(B) Retention records are the same as other records of the Village. See Michael v. Douglas 464 so.2d 5451985. Section IV-see above 2 items. 3. Policy 2.3 Section I-workweek midnight Sunday, through 11:59 Saturday. This is wrong. When is New Years? Midnight on the 31st! Not New Years Day. S/B11:59 am Saturday and 12:00 am Sunday. 4. Policy 2.4 Section 1- Some issues on nepotism, issue is supervision and reporting line, If they don't work in the same department would they be reviewing payroll, performance etc.? 5. Policy 2.6 Section I(1)B- Duplication of Community Development. Omits definition for non-exempt employee. 6, Policy 2.9 Given the issue with the Pension (termination and "double dipping") which caused some problems and expense to straighten out, shouldn't the benefit reinstatement be addressed in section III, "reinstated personal etc., etc? 7. Policy 3.6 Shouldn't Village cell phones be used in the same manner as other Village phones? 8. Policy 3.8 Section II Village records are to be maintained in accordance with public records laws, not to be deleted: period. There is no leeway as to discretion on this matter. This applies to drafts copies as well as to all committees, personnel, elected officials, etc. See FS 119.11(1), AOG 91-26, 91-61, 81-39 and is backed up by a substantial # of cases. This notes that they may be destroyed in accordance with a FI. Admin. Code. I don't know about this and would defer to Lori McWilliams on this first. I would also address the penalties for the destruction of public records. 9. Policy 3.11 This appears to have potential conflicts with the IRS Code. 10. Policy 3.13 Didn't realize private citizens were "customers." To the best of my knowledge the suspension issues addressed were covered by various collective bargaining agreements rather than take a chance on them being in conflict with those; an omission of an important step etc., they should be referred to in this document.. 11. Policy 4.1 Section II should also include "experience." ~~ ~_ ~ , ; ~ Section III, In order to avoid a double dip (using the same COLA month twice, e.g in using October in 2004 and starting with October again in 2005 for the 12 month period used for COLA, spell it out. This happened last year and resulted in giving the best 6 months of 2005 and 2006. 12. Policy 4.2 I(A) Does this apply to both exempt 8~ non-exempt employees? I(B) Overtime, what is meant by "exclude?" Does this mean that sick, holidays, and personal days taken in the same calendar week shall not be counted towards overtime? Also, the FSLA states that non-exempt employees must be paid overtime. This is not addressed, I(D) Who is eligible for overtime pay? It should be non-exempt employees only. This appears to include exempt employees. 13. Policy 5.1 Section VII- Noted changes to the amount of time an employee can be compensated for, don't recall any budget impact/ discussion of this policy change. 14. Policy 5.2 Section II Addresses a new issue of compensation in lieu of vacation. This has no cap, and applies to any hours over 160. Again, don't recall any budget impact/discussion of this change. When the Village did this re: sick time it ended up costing us a lot more than anticipated or budgeted. 15. Policy 5.7 Section III(1) notes that the 12 months does not have to be consecutive to get FLMA. If the employee hasn't been continuously employed during the 12 month period it would not have been consecutive. If they have not been continuously employed how could they accrue a benefit, therefore how would they be considered an employee for that period? 16. Policy 5.9 Section 1- If exempt employees are entitled to overtime the same as non-exempt why are they given extra personal days? See policy 4.2. 17. Policy 6.1 What about when a Village vehicle is used? The reimbursement should be different as the IRS figures all costs into the mileage table. 18. Policy 6.2 The standard for reimbursement for education is that it must be related to the job held by the employee, to give the employer some benefit from paying for the education. Not addressed making this a "blank check" of 3,000 per year. Sent without proof reading. ~G ~-1eraCdivo.e~-~eN-co gro~ier Deafer, RIf~ CovuPiiawCe ~ Cov~SUitiv~,U ~Pl7owe: 5Ci 6~4 226G~ ~aK: s~o1 X45.389.4 f-fl~i'~CYL6WI2:~ ~ eV~,GCi~G? 6l. 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