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10-05-2011 FW: workshop - Employee Service Award Page 1 of 2 Teal, Melissa From: McGann, Mary Kay Sent: Wednesday, October 05, 2011 5:01 PM To: Titcomb Jamie; Teal, Melissa Cc: Shannon, Erica Subject: FW: workshop- Employee Service Award Importance: High Attachments: Agenda Item_Employee Service Award (2).doc Attached is a revised memo for the Employee Service Award Program item that is on the next Council Workshop Agenda. I added one quick phrase to the second to last paragraph of the memo in accordance with Len's comments below(received this afternoon). Thank you, mk Mary Kay McGann Director of Human Resources I Village of North Palm Reach 1 501 LJ.S. Highway One I North Palm Reach, FL 33408 P: (561)882-1155 1 F: (561)848-3344 1 marykay @village-npb.org I www.village-npb.org Urider Florida law,e-rnaiI addresses are public records. If you do riot warm your e-rnaiI address released in response to a possible public records request, do riot send electronic rnail to this entity. Instead,please contact this office by phone or in writing. From: Leonard Rubin [mailto:LGRubin @bellsouth.net] Sent: Wednesday, October 05, 20114:07 PM To: McGann, Mary Kay Subject: RE: workshop - Employee Service Award Mary Kay: My only comment is that there is no way to make a longevity bonus compliant with the current statutory requirements. I don't want to mislead the Council in this respect. Len Leonard G. Rubin, Esquire Board Certified City County and Local Government Attorney Leonard G. Rubin, P.A. 701 Northpoint Parkway, Suite 209 West Palm Beach, Florida 33407 Telephone: (561) 721-1683 Facsimile: (561) 686-8764 Disclaimer:This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C.§§2510-2521 and is legally privileged.The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering it to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited.If you receive this e-mail in error,please notify the sender immediately at the phone number above and delete the information from your computer.Please do not copy or use it for any purpose nor disclose its contents to any other person. From: McGann, Mary Kay [mailto:marykay @village-npb.org] Sent: Tuesday, October 04, 20113:55 PM To: Leonard Rubin Subject: workshop - Employee Service Award Hi, Len: This one doesn't need a Resolution (yet)—can you please read it though and see if I did the issue justice? 4/10/2012 Page 2nf2 Thanks, mk Mary Kay McGann Director of Human Resources I Village of North Palm Beach 1501 LJ.S. Highway One I North Palm Beach, FL 33408 P: (5Gl)882-ll551F: (5Gl)848-33441 I Under plon a law,e rnail addresses are public records. If you do riot want your e rnail address released in response to a possible public records request,do riot send electronic rnail to this entity. Instead,please contact this office uv phone o'mwriting. VILLAGE OF NORTH PALM BEACH HUMAN RESOURCES TO: Honorable Mayor and Council FROM: Jamie Titcomb, Village Manager • BY: Mary Kay McGann, Human Reso ces Director DATE: October 13, 2011 SUBJECT: WORKSHOP—Employee Service Award Program On October 14, 1999 Council passed Resolution 59-99 adopting a policy for Employee Service Awards. The policy allowed for monetary payments as follows: • Ten Year Service Award — certificate of appreciation and $100 check presented by the Village Manager; • Fifteen Year Service Award—certificate of appreciation and $125 check presented by the Village Manager; • Twenty Year Service Award — certificate of appreciation and $150 check presented by the Village Council; • Twenty-Five Year Service Award — certificate of appreciation and $200 check presented by the Village Council; and • Thirty Year Service Award— certificate of appreciation and $300 check presented by the Village Council. These monetary awards were awarded one-time only as applicable in recognition for continuous service to the Village. The Village Administration has recently been advised by its Labor Attorney Lara Donlon of recent changes to Florida Statutes that are in conflict with the Village's current policy as it relates to lump sum bonus payment programs like the Employee Service Award. The amendments to the State law require that a local government's policy, ordinance, rule, or resolution designed to implement a bonus program must: • Base the award of a bonus on work performance; • Describe the performance standards and evaluation process by which a bonus will be awarded; • Notify all employees of the policy, ordinance, rule, or resolution before the beginning of the evaluation period on which a bonus will be based; and • Consider all employees for the bonus. In light of these recent legislative changes and in order to comply with them, the Administration has ceased payment of all monetary awards under the Employee Service Award program. At this time, the Administration is advancing these issues before Council to provide Council with the updated information and request Council input and guidance as to the extent that modifications are desired — if at all — so that that Employee Service Award Program can be brought into compliance with new State law. RECOMMENDATION: The Village Administration requests Council consideration and direction as to the extent that modifications are necessary and/or desired in order to bring the Village's Employee Service Award Program into compliance with new State law 2