PPMR 12-01 Section 1 General Provisions revison and additions Number: 12-01
Subject: Section 1 General
p �1 Provisions
Village of North Palm Beach
Date: December 5, 2012
Revised: Section 1, Dated
November 6, 2008
POLICY AND PROCEDURES MANUAL REVISION
This revision re-numbers the paragraphs and adds the Village Higher Educational Assistance
Program
1.0 GENERAL PROVISIONS
1.01 Purpose: To establish consistent and equitable policies concerning Village employment and
to establish workable guidelines for the implementation of these policies.
1.02 Scope: These regulations pertain to all personnel whose name appears on the Village payroll
or receive compensation from the Village of North Palm Beach, except elected officials,
members of commissions and committees appointed by the Village Council, consultants or
others providing services under contract to the Village and temporary employees hired to
meet the immediate requirements of an emergency condition which threatens life or property.
Volunteer personnel, by definition, are also excluded from these regulations. Employees
subject to collective bargaining agreements as negotiated in accordance with Florida Statutes
shall be exempt from provisions of these regulations which are inconsistent with such
agreements.
1.03 Amendment of Regulations: Amendment of subject Rules and Regulations may from time
to time be proposed and approved by the Village Manager.
1.1 Harassment- Discrimination:
A. Definitions:
1. Adverse Impact: Employment process that does not necessarily intend to exclude
people of a particular race, national origin, gender, or religion, but its practices has
the effect of doing so.
2. Discrimination: Fundamentally defined as different or disparate treatment and neutral
conduct that has an adverse impact on groups protected by law.
3. Disparate Treatment: Intentional discrimination in which employment decisions are
determined based on an individual's race, gender, religion, color, national origin, or
disability.
B. Non-discrimination/Equal Employment Opportunity: The village's policy is to provide
equal employment opportunity without regard to race, color, creed, gender, sexual
preference, national origin, ancestry, age, religion, disability, or as otherwise required by
law. The village's policy of equal employment opportunity covers, but is not limited to
matters of recruitment, selection, assignment, compensation, training, promotion,
transfer, discipline, and termination.
C. Americans With Disabilities: The Village prohibits discrimination against people with
disabilities in regard to any employment practices, terms, conditions, and privileges of
employment.
1. Purpose: The purpose of this policy is to conform to the Americans with Disabilities
Act (ADA) as legislated by the U. S. Congress under Public Law 101-336 and
codified as 42 U.S.C. 12101-12213. As such, the Village in the adoption of this
policy assures that its applicant process, employment practices, policies and
procedures do not discriminate against individuals with disabilities.
2. Application: A qualified individual with a disability means an individual with a
disability who:
a. Satisfies the requisite skill, experience, education and other job related
requirements of the position such individual holds or desires; and,
b. With or without reasonable accommodation can perform the essential functions of
the position.
3. ADA Coordinator: The designated coordinator for all ADA issues for the Village of
North Palm Beach is the Village Manager or his designee.
4. Policy: It is the policy of the Village of North Palm Beach to abide by all provisions
of the Americans with Disabilities Act. The Village will not discriminate against any
individual who demonstrates the qualifications necessary to perform the duties of a
particular position in the organization. No medical or physical disabilities will be
considered as a factor in satisfactorily performing a job/task except for those which
are critical to the performance of such task. A reasonable accommodation will be
sought for otherwise qualified persons with permanent, substantially limiting physical
or mental disabilities as required by the Americans With Disability Act (ADA).
Reasonable accommodations will be accomplished as follows:
a. A reasonable accommodation may consist of modifications or adjustment to the
work environment, in the manner or circumstances in which the job customarily
is performed or provide alternative lateral employment for which the individual is
qualified.
b. A reasonable accommodation will seek to assist a qualified employee in the
performance of essential job functions of the job the employee currently holds.
c. Employees requiring an employment accommodation must contact the Human
Resources Director or Director for receipt of an application.
d. Employees seeking an accommodation under the provisions of the Americans
With Disability Act must be disabled as defined by the statute. Employees must
certify that their physical and/or mental conditions substantially limit a major life
activity.
e. Eligible employees are those that satisfy the requisite skill, experience, education,
and other job-related requirements of the position held and who with or without
reasonable accommodation can perform the essential function of the position.
f. The Human Resources Director will determine and advise employees if they are
eligible under the provisions of the Americans With Disabilities Act and if
reasonable accommodations can be made.
g. Prevention of Discrimination: Anyone who, in good faith, was discriminated
against as described in this policy or who, in good faith, has observed such
discrimination should promptly report such conduct in accordance with the
provisions set forth in this policy.
5. ADA Grievance Procedure:
a. Purpose: This grievance procedure is specifically applicable for Americans with
Disabilities Act (ADA) complaints. All other grievances will be processed under
the Village's Grievance Procedure in Section 14 of the Personnel Rules and
Regulations.
6. Steps—Grievance Procedure:
STEP 1: An aggrieved employee will submit all complaints regarding access or
alleged discrimination in writing to his/her respective department
director for resolution. A record of the complaint and action taken will
be maintained. A decision by the department director will be rendered
within fifteen (15)working days.
STEP 2: If the complaint cannot be resolved to the satisfaction of the
complainant by the department director, it will be forwarded to the
Village Manager within three (3) working days following resolution in
Step 1. The Village Manager will have ten (10) working days to
respond to the complaint. If the complaint cannot be resolved to the
satisfaction of the complainant by the Village Manager, it will be
forwarded to an ADA Compliance Committee composed of a
representative appointed by the Village Manager, a representative
appointed by the complainant and a third representative appointed, by
mutual agreement by the two representatives appointed by the Village
Manager and the complainant.
STEP 3: The committee will establish ground rules and procedures for hearing
complaints, requests or suggestions from the complainant regarding
access to and participation in public facilities, services, activities and
functions in the community. The committee is directed to hear such
complaints in public, following due public notice. The committee will
meet and issue a written decision within thirty (30) days of the public
notice. The public notice will be posted within five (5) working days
following the establishment of the committee. All proceedings of the
committee will be recorded and records of the committee will be
subject to the Florida Public Records Law.
STEP 4: If the complaint cannot be resolved to the complainant's
satisfaction by the committee, the complaint will be heard by the
Village Council. An open, public meeting of the Council will
precede any action taken by the Council A determination must be
made within thirty (30) days of the matter being referred to the
Village Council The decision of the Village Council will be final.
7. Records: A record of action taken on each request or complaint must be
maintained as part of the public records at each level of the grievance
process.
8. Other Remedies: The individual's right to prompt and equitable resolution of
the complaint must not be impaired by his/her pursuit of other remedies such
as filing of a complaint with the U.S. Department of Justice or any other
appropriate Federal agency. Furthermore, the filing of a lawsuit in State or
Federal District Court can occur at any time. The use of this grievance
procedure is not a pre-requisite to the pursuit of other remedies.
D. Harassment in any form will not be permitted in the workplace. Harassment is described
as engaging in a course or pattern of unwanted verbal, nonverbal, or physical conduct
directed at a particular person or group, serving no legitimate purpose and includes, but is
not limited to words, gestures, touches, innuendos, epithets, propositions, threats, or other
actions which annoy, alarm, frighten, abuse, or insult another person in any manner.
E. Any person harassed by an employee or non-employee in the work environment should
promptly take the following steps:
1. The person should promptly and politely inform the offending party to immediately
cease and desist from the objectionable activity. Failure to make such a request will
not excuse the offending party for any unauthorized actions. Written notification to
the offending party of the demand to cease is suggested, with a copy sent to the
complaining employee's supervisor including all relevant details of the complaint.
The supervisor will make periodic inquiries to ensure offending actions have ceased.
2. If some adverse consequence might result from a direct confrontation, the
complaining employee's supervisor should be immediately consulted.
3. If the offending party is the employee's supervisor, the complaining employee will
have the option to:
a. Notify the next level of the employee's supervisory chain.
b. Contact a supervisor of the same gender
c. Contact the Human Resources Director
F. Nothing in this section is intended to prevent any aggrieved employee from pursuing any
complaint through another appropriate investigative authority or agency.
G. Supervisory and management employees will continually work to discover and eliminate
unreported instances of harassment. They will strive to create a non-hostile work
environment for all employees.
H. Nothing in this section will be construed to restrict supervisors from their appropriate
administration of supervisory duties such as dissemination of counseling, discipline, and
duty assignments.
I. Complaints of harassment will be fully investigated.
J. Nondiscrimination/Anti-Harassment/Equal Employment Opportunity:
1. The Village provides reasonable accommodations to otherwise qualified persons with
disabilities as required by the Americans With Disabilities Act.
2. The Village does not tolerate harassment in the workplace in any form, including
sexual harassment. Any employee found to have engaged in harassment will be
subject to prompt disciplinary action, including termination.
3. All management and supervisory staff are strictly accountable for maintaining a
suitable work environment in accordance with this policy and applicable law. Such
accountability includes communicating this policy to all their employees.
4. All management and supervisory staff are expected and held accountable to take
affirmative measures to prevent, recognize, and correct any instances of
discrimination or harassment.
5. Management and supervisory staff will be subject to disciplinary action including
termination, for participating in or failing to correct instances of discrimination or
harassment.
6. Prevention of Discrimination: Anyone who, in good faith, has been discriminated
against as described in this policy or who, in good faith has observed such
discrimination should promptly report such conduct in accordance with the provisions
set forth in this policy.
7. Prevention of Harassment: The Village intends to maintain a work environment free
of sexual harassment or harassment of any kind, including harassment on the basis of
race, religion, color, creed, gender, sexual preference, national origin, ancestry, age,
disability, or any other basis. Accordingly, the Director has established procedures for
the prompt investigation and resolution of reports of harassment.
K. Sexual Harassment:
1. Sexual harassment consists of unwanted sexual pressure, sexual attention or
advances, or conduct initiated by any employee, contractor, or agent of the Village
toward any other in the form of verbal abuse or invitation, unwarranted sounds,
gestures or innuendos, suggestive correspondence, posters, calendars, photographs or
remarks, or any form of unwelcome physical contact or suggestion.
2. It is unlawful and expressly against Village policy for any employee, male or female,
to sexually harass another by:
a. Making submission to or rejection of unwelcome sexual advances or requests for
sexual favors or engaging in other verbal or physical conduct of a sexual nature, a
condition of any employee's continued employment, position, promotion or
compensation.
b. Making submission to or rejection of such conduct as described in Section J1 the
basis for determining employment, position, promotion, or compensation.
c. Making submission to or rejection of such conduct as described in Section J1 the
basis for any employment decision affecting the employee.
d. Creating an intimidating, hostile, or offensive working environment by such
conduct as innuendos and/or suggestive remarks, or physical contact, which an
employee finds offensive.
L. Discipline for Discrimination and Harassment: Any employee who has discriminated
against or harassed another employee will be subject to disciplinary action including
termination.
M. Duty to Report Harassment/Discrimination:
1. Any harassment or discrimination directed toward another person must be
immediately reported to the appropriate person.
2. All reports of harassment or discrimination will be thoroughly investigated and held
in confidence to the maximum extent practical while conducting a thorough
investigation and in accordance with applicable law.
3. Employees will not suffer retaliation for a good faith report of harassment or
discrimination.
4. Nothing in this policy is intended to limit, discourage, or restrict any other remedies
or avenues of redress an employee may have under applicable law.
N. Complaint Filing Process:
1. Any employee who in good faith, was subjected to discrimination or harassment by a
supervisor, subordinate, peer, service contractor, or the public or, in good faith, has
observed or has knowledge of discrimination or harassment against another person,
must promptly report the incident to the appropriate village supervisor or Human
Resources Director or directly to the Village Manager.
2. Reports of discrimination or harassment will be kept confidential to the maximum
extent practicable. An employee's failure to report actual incidents of harassment or
discrimination may result in disciplinary action in accordance with policy and
procedures.
O. Report Processing and Investigations:
1. The Human Resources Director will perform the initial processing of all complaints
of discrimination or harassment submitted pursuant to this policy.
2. Reports of discrimination or harassment filed with village supervisors will be
forwarded immediately or as expeditiously as reasonably possible to Human
Resources Director for initial processing. The Village attorney will also immediately
receive a copy of any report of discrimination and/or harassment as described in this
policy.
3. The Village will pursue an informal resolution of potential issues reported under this
policy when the Human Resources Director believes such methods are reasonably
likely to yield an appropriate result in accordance with this policy and applicable law.
Notwithstanding the above, when the reporting party raises issues of harassment,
certain immediate preventative measures generally are appropriate. For example, a
person making a good faith report of harassment may elect an immediate, temporary
transfer to a position within the Village at the same pay and benefits, to preclude
further contact with the alleged offender.
4. Upon receipt of a report of discrimination or harassment, the Human Resources
Director or designee will review the allegations of the report and when practicable,
conduct a preliminary, informal interview with the reporting party within two
business days.
5. If the report involves allegations of harassment, the Human Resources Director or
designee will immediately or as soon thereafter as reasonably possible, meet with the
Manager or designee to determine the appropriate measures to protect the rights of all
parties involved.
6. If the Human Resources Director cannot resolve the matter of a report of
discrimination or harassment informally, the Human Resources Director will forward
the report to Village Manager or designee for a formal investigation. The Human
Resources Director will upon request, continue to provide technical assistance during
the formal investigatory process.
P. Right to File Charges With State and Federal Agencies:
1. Employees who feel they were discriminated against or harassed have the legal right
to file charges with federal, state, and/or local agencies such as the Palm Beach
County Human Rights Division.
2. Proceeding under this policy does not preclude filing a charge of discrimination or
harassment with an outside agency. Specific time limitations apply to charges filed
with outside agencies and proceeding under this internal policy does not stay these
limitations, which generally start running from the date of the alleged unlawful act.
Q. Human Resources will give to each new employee during new employee orientation a
copy of this Harassment policy and approved Certification memo for completion. The
Certification memo will be distributed as follows:
1. Original —Village Personnel file
2. Copy —employee
1.2 Higher Educational Assistance Program: The Village of North Palm Beach encourages
employees to voluntarily pursue training programs, undergraduate and graduate
degrees or professional certifications that will improve and enhance their skills,
performance, and ability to assume additional responsibilities at the Village. Accordingly,
subject to budgetary restraints, the Village will provide educational assistance to
eligible employees who are seeking a qualifying undergraduate or graduate degree or
professional certification, or who are obtaining job-related training. Assistances and other
payments made by the Village to an eligible employee under this policy are subject to the
current federal taxation requirements.
A. Employee Eligibility:
1. To be eligible, employees must be employed by the Village on a full-time basis for
at least one year (12 months) of continuous service in an active status (not on a
leave of absence) and must be in good standing at the time of application for
assistance and on the date of the assistance payment by the Village.
2. For purposes of this policy, the Village defines "good standing" as an employee who
has not received any formal corrective action, discipline, performance improvement
plan or an unsatisfactory performance evaluation within the last 6 months.
3. Employees must also be currently employed at the time that payment is made. All
said employees are eligible unless superseded by a current Collective Bargaining
Agreement.
B. Undergraduate and Graduate Programs:
1. Course Eligibility: Undergraduate and graduate courses must be taken as part of a
degree program approved in advance by the Department Director, Human
Resources Director, and the Village Manager, and must provide an eligible
employee with skills, knowledge or competencies applicable to the employee's
current position or another position at the Village. The courses must be provided by
an accredited university or college that meets the acceptable levels of quality set by
an accrediting agency that is recognized by the U.S. Secretary of Education, as
published in the Federal Register.
2. Grade Requirements: An employee must maintain a "C" average or above to
maintain eligibility in the Village's program after completion of the first semester of
classes.
3. Tuition Assistance Provisions: An employee is eligible to receive assistance for
two (2) classes per semester for a maximum of five (5) classes per fiscal year.
The amount of assistance approved by the Village will be based on the employee's
grade in each course, as provided in this policy.
Books, and required laboratory fees are eligible for assistance, but shall be limited
to $250 per fiscal year. All other expenses, including but not limited to, those for
parking, supplies or non-laboratory fees, are the employee's responsibility and are
not eligible for assistance from the Village.
4. Assistance Amount: The assistance amount will be limited to actual tuition, or the
per credit rate of the established Florida resident credit hour rate for undergraduate
or graduate courses charged in the State of Florida university system at the time of
the employee's course enrollment, whichever is lower, regardless of the
employee's election to attend a private educational institution. Upon the
employee's completion of an approved course, the assistance schedule will be
based on grades received by the employee as follows: 100% assistance for a grade of
"A", or "Pass" (for Pass/Fail course only); 100% assistance for a grade of "B" and
75% assistance for a grade of "C". The Village will not provide any amount of
tuition assistance if the employee earns a grade of"D" or "F" or receives a "Fail" or
"Incomplete" mark.
5. Courses must be scheduled outside of the employee's regular work hours and all
homework or related coursework must be done outside of working hours.
Employees are prohibited from using Village equipment or resources to engage in
homework or other related coursework.
NOTE: The Village may reduce the percentage of assistance if the combined
total of the employee's financial assistance and the Village's assistance to the
employee exceeds 100% of the tuition, book costs and laboratory fees for the course
term.
C. Certification or Training Programs:
1. Program Eligibility: An eligible employee may obtain assistance for a certification
program or courses in a professional discipline applicable to the employee's current
position or another position at the Village and for job-related training courses or
programs (collectively referred to as "certification or training programs"). The
certification or training programs must be provided by an accredited university or
college that meets the acceptable levels of quality set by an accrediting agency that is
recognized by the U.S. Secretary of Education, as published in the Federal Register,
professional association, professional training provider, or other similar institution.
The employee's participation in any certification or training program must be
approved in advance by the Department Director, Human Resources Director, and the
Village Manager.
This policy only applies to certification or training programs that cost $1,200.00 or
more, inclusive of registration and attendance fees and related expenses, such as
travel, lodging and food.
2. Tuition Assistance Provisions: An employee is eligible to receive assistance for up
to two (2) certification or training programs per semester. If the certification or
training program consists of courses or sessions that occur over a period of time,
similar to the semester-based system for undergraduate or graduate degree programs,
the Village will follow the "Tuition Assistance Provisions" contained in the
Undergraduate and Graduate Programs section of this policy.
3. Assistance Amount: The assistance amount will be determined by the Village at
the time of approval on an individual employee basis, in consideration of the nature
of the certification or training program, the employee's position, the Village's
operational needs, and the tuition, attendance or registration costs and the related
expenses, such as travel, lodging and food.
a. Any amount paid by the Village in connection with a Village approved training
program shall not exceed the reimbursable travel expenses authorized under
Section 112.061, Florida Statutes.
b. The Village will provide assistance to an eligible employee who successfully
completes the approved certification or training course or program, up to a
maximum of $5,250.00 per fiscal year based on the date of the check to the
employee. The Village will not provide any assistance to an employee who
does not successfully complete the certification or training course or program.
D. Approval Procedure:
1. Eligible employees must receive prior approval from the Village Manager in
writing to participate in the Village's educational assistance program.
2. To obtain approval, an eligible employee must submit a completed Education
Assistance Program Participation form to his or her Department Head with the
following documents attached: the course or program description; an agenda or
schedule (with dates and times); and for training or certification programs only, the
program cost and a list of the categories and costs of any related expenses.
3. The Department Head and the Human Resources Director will review the
employee's form and supporting documentation to determine if the employee meets
the criteria for participation in the Village's Educational Assistance Program. If the
employee is eligible to participate in the program, the Village Manager will
evaluate and either grant or deny the employee's request. Notice of the Village
Manager's decision shall be provided to the employee in writing.
E. Program Terms:
1. The assistance amounts provided to eligible employees by the Village are
considered a loan for educational expenses. Accordingly, if the employee is
approved to participate in the Village's educational assistance program, the
employee is required to remain employed with the Village in a full-time capacity for
a continuous 12 month period from the date of each assistance payment received by
the employee or on the date that the Employee completes the undergraduate or
graduate course or the certification or training program, whichever is later.
2. If the employee completes the 12 month period of employment, the Village will
forgive the loan for that 12 month period. However, if the employee resigns or
terminates employment at any time during the 12 month employment period (for any
reason other than due to a reduction in force or due to circumstances beyond the
employee's control, as determined by the Village Manager), the Village will
forgive the loan on a pro rata basis. The prorated amount will be calculated as
follows: the total assistance amount in the prior 12 month period divided by the
number of months of the employment period completed by the employee. The
balance of the loan not forgiven under this policy is due in full within seven (7) days
of the employee's separation from employment. In appropriate circumstances, the
Village and employee may agree to a monthly payment plan for repayment of the
balance of the loan.
3. The Village also may retain and deduct the amount owed under this Policy (in whole
or in part) from any monies due to the employee prior to or following his or her
termination, subject to the applicable restrictions imposed by the Fair Labor
Standards Act. The employee will submit a signed, notarized promissory note
guaranteeing full repayment for all education expenses if the terms of this policy are
not fulfilled on the side of the employee, which shall include an express lien on all
wages or other payments due the employee in accordance with applicable laws.
4. An eligible employee who receives assistance to attend a basic recruit training
program for law enforcement officers is required to comply with the employment
and repayment terms provided in Florida Statutes section 943.16, which includes a
two-year employment commitment from the employee to avoid the repayment
provisions.
NOTE: An employee who participates in the Village's educational assistance
program is employed at will and the employee's employment may be terminated by
the employee or the Village at any time, with or without cause or prior notice. This
policy does not create a contractual relationship between the Village and any
employee participating in the Village's educational assistance program, and does
not create a guarantee of employment for a definite period of time or for any
purpose.
F. Payment and Assistance Procedures:
1. If approved to participate in the Village's educational assistance program, the
employee shall submit proof of cost of his or her tuition, laboratory fees, registration
and attendance costs, and related expenses.
a. If the documents produced by the employee are satisfactory, the Department
Head will complete a Personnel Action Form (PAF) indicating approval to
proceed with assistance.
b. The PAF form must be submitted to the Human Resources Director and then
forwarded to the Village Manager for final approval. If approved, the PAF will
be submitted to payroll for processing.
c. The employee will then submit a signed, notarized promissory note to the Village
guaranteeing full repayment for all education expenses if the terms of this policy
are not fulfilled on the side of the employee. The signed promissory note must
be received by the Village prior to any payment being made.
2. Within thirty (30) calendar days of successful completion of the approved
course(s), program or training, the employee must provide to his or her Department
Head copies of all receipts for all additional eligible costs and fees and one of the
following: certified transcript for the course term for any undergraduate and
graduate courses, copy of professional certification, or a certificate of completion
for a training program.
a. The employee shall also disclose and provide documents showing all financial
assistance (including, but not limited to, scholarships, grants, stipends, waivers,
discounts, fellowships, military and veterans' benefits) and other non-
refundable financial assistance received by the employee used to pay tuition or
other costs.
b. The combined total of the employee's financial assistance and the Village's
assistance to the employee shall not exceed 100% of the tuition and eligible
costs and fees. The assistance amount may be reduced to satisfy this rule.
G. Termination of Employment: If the employee resigns, submits a resignation, or is
terminated by the Village for any reason other than due to a reduction in force or due to
circumstances beyond the employee's control (as determined by the Village Manager),
prior to receiving assistance for a completed course(s) or program, the Village (at t he
Village Manager' s Discretion) may forgive the loan on a pro rata basis.
If an employee is laid off from employment with the Village, the employee will be
eligible for assistance of approved undergraduate or graduate courses in which the
employee is enrolled at the time of layoff. Assistance will be determined in
accordance with this policy.
Approved
e.
Ed Green
Village Manager
PROMISSORY NOTE
North Palm Beach, Florida
Employee Name:
Amount: $
Date:
FOR VALUE RECEIVED, the undersigned (referred to as "Maker") promises to pay to the order
of the Village of North Palm Beach, Florida (referred to as "Holder") the principal sum
and 00/100 Dollars ($xxx.xx), together with interest
thereon at a rate equal to zero percent (0%) per annum, with all outstanding principal and interest thereon
due and payable in full in accordance with the terms of this Note on or before [INSERT DATE] (the
"Maturity Date").
Principal and interest shall be payable in lawful money of the United States of America
and in such place as Holder may designate in writing on the following dates and in the following
Manner:
Maker shall pay Holder the sum of and 00/100 Dollars
($XXX.XX) on [INSERT DATE], and continue to make monthly payments of
and 00/100 Dollars ($xxx.xx) due on the first day of each successive
month until the debt is paid in full.
If any payment hereunder is not received at the following address: Village of North Palm
Beach, 501 US Highway 1, North Palm Beach, FL 33408, within three (3) days after it is due,
Makers shall pay to Holder a late charge equal to five percent (5%) of the late payment.
If default be made in the payment of any sums or interest mentioned herein within five
(5) days next after the same becomes due, or in the performance of any of the agreements
contained herein, or in the said Agreement, then the entire outstanding principal sum and
accrued interest shall at the option of the Holder hereof become at once due and collectible
without notice, time being of the essence; and said principal sum and accrued interest shall both
bear interest from such time until paid at the highest rate allowable under the laws of the State
of Florida. Failure to exercise this option shall not constitute a waiver of the right to exercise the
same in the event of any subsequent default.
The Maker agrees to pay the Holder hereof reasonable attorneys' fees and costs
incurred by counsel employed to collect this Note, whether or not suit be brought, and whether
incurred in collection, trial, appeal, post judgment proceedings, bankruptcy proceedings or
otherwise, and to indemnify and hold Holder harmless against liability for the payment of state
documentary stamp taxes, intangible taxes or other taxes (including interest and penalties, if
any, but not including the Holder's obligation to pay state or federal income taxes arising out of
its receipt of income from this loan), which may be determined to be payable with respect to this
transaction.
The remedies of Holder as provided herein and in any other documents governing or
securing the repayment hereof, shall be cumulative and concurrent, and may be pursued singly,
successively or together, at the sole discretion of Holder, and may be exercised as often as
occasion therefore shall arise. No act of omission or commission of Holder, including
specifically any failure to exercise any right, remedy or recourse, shall be effective, unless set
forth in a written document executed by Holder, and then only to the extent specifically recited
therein. A waiver or release with reference to one event shall not be construed as continuing,
as a bar to, or as a waiver or release of any subsequent right, remedy or recourse as to any
subsequent event.
The correct legal address of the Maker of this Note is
, and is the address to be used for any legal notice. The
Maker agrees to inform the Holder of any changes of this address in writing within ten (10)
business days of such change.
The Maker and endorser waives presentment, protest, notice of protest and notice of
dishonor.
This Note shall be construed and enforced in accordance with the laws of the State of
Florida and shall be binding on the heirs, personal representatives, successors and assigns of
the parties hereto.
IN WITNESS WHEREOF, Maker, intending to be legally bound hereby, has duly
executed this Note, under seal, as of the day and year first above written.
EMPLOYEE SIGNATURE (MAKER)
VILLAGE OF NORTH PALM BEACH
t APPLICATION FOR EDUCATION ASSISTANCE
Name (print): Telephone:
Position: Department
I request approval to enroll in course:
*(Please attach course description)
at(institution) beginning / / Ending / /
Number of Credits @ amount per credit(s) Time of class(es)
I am taking the course (check below):
Toward a(n): ❑ Associate's ❑ Bachelor's ❑ Master's ❑ Doctorate in the following course of
study (be specific):
To enhance my skills for my present position. HR Use Only
For career redirection or advancement. Amount Paid Y-T-D:
Estimated Pending:
Tuition for the Course $ Total Pending:
Available:
Enrollment Fees $ Estimated Amount
Available if 100%
Cost of Required Books $ Tuition Reimbursement
Received for Pending::
1. Is the course required to meet minimum educational requirements for your current job?
❑ Yes ❑ No
2. Does the course provide with the capability of qualifying for a new position at the Village?
❑ Yes ❑ No
3. If you answered yes to either#1 or#2, briefly provide an explanation as to how the course is either required to
meet minimum educational requirements for your current job or provides you with the capacity to qualify for a
new job.
APPROVAL OF COURSEWORK
Department Director Signature Date
Director of Human Resources Signature Date
Village Manager Signature Date
By signing I agree to the following:
I have read,understand, and agree to comply with the provisions of the Village's Education Assistance policy or similar provision in the
applicable collective bargaining agreement. I will only receive reimbursement for approved coursework, not to exceed $5,250 in the
calendar year the course(s) is/are taken. If I receive disciplinary action, am placed on a Performance Improvement Plan or receive a
performance appraisal rating of"Needs Improvement" during the period that I am taking an approved class, I may be required to forfeit
the tuition reimbursement for that course.
I also understand that if I voluntarily or involuntarily separate from the employment of the Village for any reason other than reduction in
force or due to circumstances beyond my control within twelve (12) months of satisfactory completion of the course work for which I
have been reimbursed, the agreed amount of the cost of educational course will be considered only a loan. Accordingly, I will be
required to reimburse the educational course expense in full prior to my last date of employment, or through such other collection means
as the Village deems appropriate.
As such, I hereby give the Village of North Palm Beach an express lien on all salaries, wages and other sums payable to me by Village
for the purpose of securing the Village for the payment of any amount which may become due from me and have attached an executed
promissory note for amounts due if the cost is to be considered only a loan. I further hereby authorize the Village to deduct said amount
from any sums payable to me for salaries, wages, and expense reimbursement or otherwise. Moreover, I specifically authorize the
Village to retain sums payable to me in the form of salaries,wages and other sums on or before issuance of my final paycheck.
Proof of registration, receipts for tuition, enrollment fees and required books as well as the official school grade report and
documentation of outside financial assistance will be required before reimbursement can be approved(please attach).
Employee Signature Date
HR Use Only
Tuition:
Enrollment:
Books:
Lab Fees:
Total:
APPROVAL FOR PAYMENT
Course completed. Grade attained Education Reimbursement %
Eligible for: $ ❑ Taxable ❑ Non-Taxable
Director of Human Resources Signature Date
Finance Director Date
Village Manager Date