_Personnel Policy Manual (Entirety)
VILLAGE OF NORTH PALM BEACH
PERSONNEL RULES AND REGULATIONS
Adopted by Resolution 29-97, May 8, 1997
Amended in accordance with Resolution 2008-46
Page Numbers have been added for ease of reference.
TABLE OF CONTENTS
Page 1
Chapter 1 GENERAL PROVISIONS REV:12/05/2012
1.1 Harassment and Discrimination Page 01
Americans with Disabilities Act (ADA) Page 02
ADA Grievance Procedure Page 03
Discrimination/Harassment Complaint Process Page 05
Right to File with EEOC Page 06
1.2 Higher Educational Assistance Program Page 06
Chapter 2 DEFINITIONS REV:11/07/2008
2.1 Definition of Terms (A-E) Page 01
Definition of Terms (F-T) Page 02
Definition of Terms (U-Z) Page 03
Chapter 3 ORGANIZATION AND FUNCTIONS EST:05/08/1997
3.01 Authority Page 01
3.02 The Village Manager or Designee Shall Page 01
Chapter 4 COMPREHENSIVE PAY PLAN FOR CURRENT YEAR Modified Annually
Chapter 5 APPLICATION PROCESS REV:11/07/2008
5.1.3 Authorization to Fill Vacancies Page 01
5.1.4 Evaluating Applications Page 01
5.1.6 Pre-Employment Exams Page 02
5.17 Background Investigations Page 02
5.1.10 Non-Selection Page 02
5.1.12 Probationary Periods Page 03
5.1.17 Employment Oath Page 03
Chapter 6 PROBATIONARY PERIODS REV:12/24/2008
6.2 Duration Page 01
6.4 Completion Page 01
6.5 Extension Page 01
6.6 Termination Page 02
Chapter 7 HOURS OF WORK REV:08/11/2009
7.1 Hours of Work Page 01
7.2 Lunch Periods Page 01
7.3 Overtime (Formerly Chapter 8) Page 01
7.3.4 Compensatory Time Page 01
Chapter 8 INSPECTOR GENERAL REPORTING POLICY & PROCEDURES EST: 8/18/2015
TABLE OF CONTENTS
Page 2
Chapter 9 LEAVE POLICY REV:08/27/2013
9.1 FMLA (Family and Medical Leave Act) Page 01
9.2.1 Vacation Page 12
9.2.2 Personal Leave Without Pay Page 13
9.2.3 Holidays Page 13
9.2.4 Sick Leave Page 14
9.2.5 Bereavement Leave Page 15
9.2.7 Jury Duty and Other Legal Duties Page 15
9.2.8 Meetings, Conferences and Conventions Page 15
9.2.9 Military Leaves Page 16
9.3 Sick Leave Reimbursement Page 17
9.4 Unused Vacation Reimbursement Page 19
Chapter 10 SAFETY POLICY REV:10/26/2009
10.1 Purpose Page 01
10.2 (1) Policy Page 01
10.4 Safety Committee Page 03
10.5 Safety and Health Training Page 04
10.6.1 First Aid Procedures: Page 05
10.6.3 Record Keeping Procedures Page 07
10.7 Work Place Safety Procedures Page 07
10.7.1 Office Safety Page 07
10.7.2 Computers Page 08
10.7.3 Housekeeping Page 08
10.7.4 Fire Prevention Page 09
10.7.5 Material Handling (Lifting) Page 09
10.7.6 Personal Protective Equipment (PPE) Page 10
10.7.6 (G) General Safety Rules for: Page 12
1. Portable Power Tools Page 12
2. Stationary Power Tools Page 13
3. Grounds Maintenance Equipment Page 13
10.7.6 (H) Electrical Hazards Page 15
10.7.6 (I) Public Utility Services: Line Locations Page 15
10.7.6 (J) Ladders and Scaffolding Page 16
10.7.6 (K) Working in Confined Spaces Page 16
10.7.6 (L) Motor Vehicle and Mobile Equipment Page 17
10.7.6 (M) Working in Public Right of Ways Page 18
10.7.6 (N) Chemical Hazards Page 19
Chapter 10-2 10.6.2 Vehicle Crash/Incident Investigation Procedures REV:11/06/2012 Page 20
Disciplinary Guidelines Page 22
Chapter 10-3 10.2 (2) Drug Alcohol Free Workplace Policy REV:03/03/2011 Page 23
10.2.8 Kinds of Testing Page 28
10.2.11 Disciplinary Action for Positive Test Results Page 32
TABLE OF CONTENTS
Page 3
Chapter 11 11.0 TRAINING
11.1.1 Attendance Authorized Training Programs Page 1
11.1.2 Training Requests Page 2
11.2 Tuition Refund Program Page 3
Chapter 12 PAY FOR PERFORMANCE PROGRAM REV:07/24/2003
12.01.03 Objectives Page 1
12.01.04 Eligibility Page 1
12.01.05 Guidelines Page 2
12.02.03 Responsibilities for Conducting Evaluations Page 3
12.02.04 Scales Page 5
12.02.05 Weights Page 5
12.03 Distribution of Funds Page 7
Chapter 13 DISCIPLINE REV:12/06/2012
13.2 Progressive Discipline Page 1
13.3 Procedures Page 1
Suspensions Page 2
Demotions Page 3
Terminations Page 4
13.4 Code of Ethics Page 5
13.4.7 Standards of Conduct Page 8
13.4.8 Investigation Procedures Page 21
Chapter 14 GRIEVANCE PROCEDURES REV:01/27/2010
14.2 Causes of Grievances Page 1
14.3 Grievance Administration Page 1
14.4 Coordination of Grievances and Records Page 2
14.6 Processing a Grievance Page 2
Chapter 15 SEPARATIONS, SENIORITY, LAYOFF AND RECALL EST:05/08/1997
15.02 Resignation Page 1
15.03 Return of Village Property EST:05/08/1997 Page 1
15.04 Disability Page 1
15.06 Seniority, Layoff and Recall Procedures Page 2
Chapter 16 PARTICIPATION IN EMPLOYEE ORGANIZATIONS EST:05/08/1997
16.01 Participation Page 1
16.02 Collective Bargaining Agreements Page 1
Chapter 17 EMPLOYMENT OF RELATIVES EST:05/08/1997
17.02 Definition of Relative Page 1
17.03 Supervisory Relationship Page 1
TABLE OF CONTENTS
Page 4
Chapter 18 OUTSIDE EMPLOYMENT OR BUSINESS ACTIVITY EST:05/08/1997
18.02 Consideration Page 1
18.03 Final Approval Page 1
Chapter 19 POLITICAL ACTIVITY RESTRICTIONS EST:05/08/1997
19.02 Prohibitions Page 1
19.03 Village Candidacy Page 1
19.04 Other Candidacy Page 1
Chapter 20 MISCELLANEOUS PROVISIONS EST:05/08/1997
20.01 Retirement Page 1
20.02 Department Rules Page 1
20.03 Records Page 1
20.04 Personnel Regulations Page 1
20.05 Severability Page 1
Chapter 1-Page 1
Village of North Palm Beach
Number: 12-01
Subject: Section 1 General
Provisions
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.
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.
Chapter 1-Page 2
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 u nder the
Village's Grievance Procedure in Section 14 of the Personnel Rules and Regulations.
Chapter 1-Page 3
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
Chapter 1-Page 4
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 pursuin g 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.
Chapter 1-Page 5
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 discrimi nated
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.
Chapter 1-Page 6
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
Chapter 1-Page 7
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.
Chapter 1-Page 8
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 c ertification 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 com plete 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
Chapter 1-Page 9
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.
Chapter 1-Page 10
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 nonrefundable 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 the
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
Ed Green
Village Manager
Chapter 2-Page 1
Village of North Palm Beach
Number: 08-04
Subject: Section 2
Definitions
Date: November 7, 2008
Revised: Section 2,
December 15, 1997
POLICY AND PROCEDURES MANUAL REVISION
2.0 DEFINITIONS
2.1 Definitions of Terms: For the purpose of these policy and procedures, the following terms
are defined:
A. Accumulate: The process by which an employee accrues sick and annual leave during
their period of employment.
B. Allocation: The assignment of an individual position to an appropriate class on the basis
of the type, difficulty, and responsibility of the work performed in the position and allied
positions, when compared with that position.
C. Appointing Authority: The Village Manager or his/her designee who has the authority to
appoint and remove employees under his/her supervision.
D. Class: A position or group of positions which involve similar duties and responsibilities,
require similar qualifications, is designated by a title indicative of the kind of work and for
which the same pay range can be applied with equity.
E. Days: Means calendar days unless otherwise stated.
F. Demotion: A change of employment status from a position of one class to a position of
another class having a lower maximum rate of pay than the original class.
G. Department Head: Employees of the Village in charge of the operations of an established
Village Department.
H. Employee: Persons employed by the Village of North Palm Beach covered by the
provisions of these regulations.
I. Excluded Employee: An employee whose position is excluded for the purposes of cash
compensation for overtime as such is not subject to Village overtime regulations.
Chapter 2-Page 2
J. Full-time Employee: An employee who is designated as such and who normally works
thirty (30) or more hours per week and 1,560 hours per· year and fills one of the designated
positions identified with a job code in the Village's annual budget.
K. Hourly Employee: An employee whose job basis consists of a rate of pay for hours
actually worked in a specific job class.
L. Included Employee: An employee whose position is included for the purpose of cash
compensation for overtime and as such is subject to Village overtime regulations.
M. Job Code: A control number assigned to each full-time position listed in the annual
budget.
N. Layoff: The separation of employees from the payroll due to lack of funds or work, or to
the abolition of a position by the Village Council for these reasons or due to an
organizational change.
O. Part-time Employee: An employee who is designated Regular Part-time or Temporary
Part-time, who normally is scheduled to work less than thirty (30) hours per week and
one thousand five hundred and sixty (1,560) hours per year. Said employee is not
eligible for any fringe benefits such as sick leave, vacation, holiday pay, group health,
life and disability insurance, pension, and longevity.
P. Pay Status: Time for which an employee is paid by the Village including leaves with pay
and workers compensation.
Q. Personnel Officer: Village Manager or his/her designee.
R. Position: A group of duties and responsibilities which require the full-time or part-time
employment of one person as authorized by the Village Council.
S. Probationary Employee: An employee who has not yet successfully completed the
required probationary period as set forth in these regulations.
T. Promotion: A change of employment from a position of one class to a position of another
class which has a higher maximum rate of pay.
U. Regular Employee: A full-time employee who is hired for continuous employment and
has successfully completed the required probationary period as set forth in these
regulations.
V. Seasonal Employee: An employee who is hired for employment in a position which recurs
yearly or more often as required by seasonal operations and is not continuous in nature.
W. Temporary Employee: An employee who is hired for a specific period not to exceed six
(6) months.
X. Transfer: A change of an employee from one position to another position in the same class
or another class with the same maximum rate of pay.
Chapter 2-Page 3
Y. Vacancy: A position duly created, established in the budget, and not currently occupied by
an incumbent.
Z. Veteran: Applicants and employees who are entitled to veterans' preference as outlined in
Florida Statutes.
Approved
Jimmy Knight
Village Manager
Chapter 3-Page 1
3.01 AUTHORITY:
a. Village Charter, Florida Statutes, Federal Regulations and Fair Labor
Standards Act (FLSA).
3.02 THE VILLAGE MANAGER OR DESIGNEE SHALL:
a. Interpret, administer and recommend revisions to these regulations as
required.
b. Certify all payrolls.
c. Provide for the publishing or posting of vacant positions, the receiving of
applications, the evaluations of applicants (including any examinations or
tests), and the final selection of applicants.
3. ORGANIZATION AND FUNCTION
Comprehensive Pay PlanComprehensive Pay Plan FY 2015 Adopted BudgetPage 217 of 294
Village of North Palm Beach TO: Honorable Mayor and Council FROM: James P. Kelly, Village Manager DATE: September 25, 2014 SUBJECT: Comprehensive Pay and Classification Plan Fiscal Year 2014/2015 This Comprehensive Pay and Classification Plan (“Pay Plan”) reflects all authorized Village employment position classifications and their related salary ranges for all Village employees for the Fiscal Year starting October 1, 2014. This Pay Plan also reflects employment benefits provided to employees unless separately negotiated in collective bargaining agreements. Village management reviews this Pay Plan annually and makes recommendations on the classifications and pay ranges for all positions to maintain appropriate staffing resources in relation to competitive market conditions and the needs of our annual Village budget/operating structure. The attached Pay Plan has been incorporated into the budget for the coming Fiscal Year beginning October 1, 2014. Pay Plan Recommendations This year’s Pay Plan includes: Provides for an average 3.75% performance-based merit increases (0% to 5%) for FPE-eligible and non-union personnel; Provides for negotiated step-plan increases for PBA and IAFF-eligible employees as negotiated in their collective bargaining agreements; Provides no COLA/market-based adjustment; Provides for annual employer pension contributions; and Provides for monthly employer and employee health/dental insurance contributions. Provides for employer-sponsored Life, Accidental Death & Dismemberment (ADD), and Long Term Disability (LTD) plans. Vision coverage is available at full employee expense. Recommended Personnel Changes: The Pay Plan reflects proposed changes in Village employment positions including as follow: Additions / Deletions: Add one (+1) Finance Accounting Clerk f/t position (pay grade 108) / Delete one (-1) Finance Intern p/t position (pay grade 100); Add one (+1) Permit & License Tech f/t position (pay grade 108) / Delete one (-1) Permit & License Tech p/t position (pay grade 109); Add one (+1) Criminal Intelligence Analyst f/t position (pay grade 111) / Delete one (-1) Public Safety Aide f/t position (pay grade 109); Add one (+1) Public Works Supervisor f/t position (pay grade 11) / Delete one (-1) Mechanic f/t position (pay grade 108); Add two (+2) Rec Assistant p/t positions (pay grade 100) / Delete one (-1) Youth Art Instructor p/t position (pay grade 100); Delete one (-1) Event Coordinator p/t position (pay grade 108); Add one (+1) Senior Library Assistant f/t position (pay grade 109) / Delete one (-1) Library Clerk p/t position (pay grade 103); Add one (+1) Human Resources Admin Coordinator p/t position (pay grade 109); Add one (+1) F&B Event Banquet Coordinator p/t position (pay grade 109) / Delete one (-1) F&B Event Banquet Coordinator f/t position (pay grade 109); FY 2015 Adopted BudgetPage 218 of 294
Add one (+1) F&B Assistant Manager f/t position (pay grade 109) / Delete two (-2) Snack Bar Attendant p/t positions (pay grade 100); Add one (+1) Golf Shop Attendant p/t position (pay grade 100); Delete one (-1) Sanitation Collector f/t position (pay grade 104); Delete seven (-7) Emergency Dispatcher f/t positions (pay grade 300). Other Changes: Title Change to “Zoning Compliance Officer” from “Code Compliance Officer” for one (1) full-time position (pay grade 109); Title Change to “Police Service Aide” from “Public Safety Aide” for one (1) full-time position (pay grade 107); Title Change to “Human Resources Coordinator” from “Human Resources Specialist” for one (1) full-time position (pay grade 112); Department Reporting Change Project & Procurement Manager to Finance from Public Works (pay grade 115); Title Change to “CALEA Manager/Captain of Professional Standards” from “PT CALEA Manager” for one (1) part-time position (pay grade 122). Summary of Personnel Changes: The net change in Village employment positions is provided below: Fiscal Year Full-time positions Part-time positions 2014 149 133 2015 144 131 Net change -5 positions -2 positions Pension: The Village’s annual employer contribution increased for both the General Employee Pension Plan and the Police & Fire Pension Plan for Fiscal Year 2014/2015. The Village’s ICMA-RC pensions remain constant at an employer contribution of 15%. Last year, the Village’s required employer contribution for the General Employee Pension Plan was 20.82%. For Fiscal Year 2014/2015, the Village’s annual required employer contribution is 19.54%, or down by 1.28%. For the Police & Fire Pension Plan the required annual employer contribution for Fiscal Year 2014/2015 increased from 21.34%, to 21.49% or up by .70%. The reasons for these increases are based on asset returns and actuarial experience. All budgeted plan contributions are outlined below: For General Employee Pension Plan: Employer contribution 19.54% Employee contribution 6.0% For Police and Fire Pension Plan: Employer contribution 21.49% Fire Employee contribution 2.0%** (**Fire union agreement is still in negotiations) Police Employee contribution 2.67%* (*Approved in 2013 PBA Contract) For ICMA-RC Pension Plan : Employer contribution 15% Employee contribution 3%, 5%, 10% or 15% Health / Dental Insurance: Due to costs incurred by the pending Patient Protection and Affordable Care Act legislation and significantly large claims experience in the past year, our current vendor Cigna originally quoted an estimated renewal increase of 20.5%. In order to secure the most advantageous renewals possible for the Village and its employees, Village Administration worked with our insurance broker to send out FY 2015 Adopted BudgetPage 219 of 294
an RFP for our employee health and welfare benefits in May of 2014. After strong negotiations the Village was offered a comparable plan from Cigna at a favorable medical benefits increase rate of 3%, and slight increases for a few auxiliary benefits. Increases in medical insurance are driven by both the Village’s individual claims experience rating and the increasing costs within the health care industry as a whole. The best way to combat these rising costs is to continue to augment and build upon our successful employee wellness program. With the support of the Sr. Management Team, the Village will continue to partner with CIGNA to build upon our current wellness program and encourage wellness awareness for all of our employees and their dependents. The Village covers the full premium cost of the health plan and lower cost dental plan for all employees. For dependent coverage, the Village funds 80% of the premium for the medical plan and lower cost dental plan, with the balance paid by the employee. Employees choosing higher cost dental plan options pay 100% of the premium cost difference between the higher and lower cost plans. With single coverage, for both the health and dental insurance plans, the lower cost plan is paid entirely by the Village. For employee plus one (health insurance only) and the family coverage options (for health and dental insurance), the lower cost plan is paid 80% by the Village and the balance by the employee. Employees choosing higher cost plan options will pay 100% of the cost difference between the higher and lower cost plans. Projected monthly employee costs are as follows: Health Insurance: CIGNA HMO Plan Employee Only Coverage $ 0.00 per month Employee + One Coverage $ 110.28 per month Employee + Family Coverage $ 226.68 per month Dental Insurance: CIGNA HMO Plan Employee Only Coverage $ 0.00 per month Employee + Family Coverage $ 5.58 per month CIGNA PPO Plan Employee Only Coverage $ 13.48 per month Employee + Family Coverage $ 52.98 per month The above monthly employee rates are based upon total monthly plan costs to the Village as follow: Health Insurance: Cigna HMO Plan Employee Only Coverage $ 612.63 per month Employee + One $1,053.75 per month Employee + Family Coverage $1,519.36 per month Dental Insurance: Cigna HMO Plan Employee Only Coverage $ 18.01 per month Employee + Family Coverage $ 47.26 per month Cigna PPO Plan Employee Only Coverage $ 31.49 per month Employee + Family Coverage $ 94.66 per month RECOMMENDATION: The Administration recommends Council consideration and adoption of the Village’s Comprehensive Pay and Classification Plan as follows and with the above incorporated changes. FY 2015 Adopted BudgetPage 220 of 294
FISCAL YEAR 2014/2015 VILLAGE OF NORTH PALM BEACH COMPREHENSIVE PAY AND CLASSIFICATION PLAN SECTION 1. ESTABLISHMENT A Comprehensive Pay and Classification Plan for the Village of North Palm Beach (the “Pay Plan”), pertaining to all positions, including those that may be specified elsewhere in negotiated collective bargaining agreements or individual employment contracts, is hereby established. This document will supersede and replace the pay related provisions of the Village’s Personnel Rules and Regulations. SECTION 2. DEVELOPMENT OF PAY RANGES The Pay Plan establishes pay ranges (grades) for each classification. Such established salary ranges of pay have been determined with due regard to ranges of pay for other classes, relative difficulty and responsibility of positions in the class, prevailing rates of pay for similar positions, and the financial position of the Village and other economic considerations. Appendix A sets forth the pay ranges (grades) with minimum and maximum levels. Base pay is, by definition, the pay level within pay range for each position classification. Base pay may not exceed the maximum pay rate for the position classification. For General (non-bargaining unit) Employees the Pay Plan provides for a pay range, without regard to specific pay level within that range. Adjustments shown to salary ranges for FPE, PBA and IAFF positions are reflected for budgeting purposes and will be subject to bargaining. SECTION 3. APPLICABILITY All employees of the Village of North Palm Beach, except as provided elsewhere, shall be compensated in accordance with this plan and the exempt (salaried) and non-exempt positions, depending upon job classification. SECTION 4. IMPLEMENTATION The new pay plan will be implemented October 1, 2014. No general (non-union) employees will receive a cost of living adjustment (COLA) effective October 1, 2014. The pay range (grade) of each General Employee shall remain the same as Fiscal Year 2013/2014, as reflected in the attached classification plan. Bargaining unit employees shall receive base wage increases only in accordance with their collective bargaining agreement. SECTION 5. HIRING PAY RATES The minimum rate established for a job class shall be paid upon employment, except that the "New-Hired" rate in amounts above the minimum may be authorized if the department head submits adequate written justification and such action is approved by the Village Manager. Approval will be based on the exceptional qualifications of the appointee or inability to employ adequate personnel at the minimum rate. SECTION 6. MERIT INCREASE All employees of the Village of North Palm Beach, except as provided elsewhere, shall be eligible for a merit increase on their employee anniversary date. The anniversary date shall be defined as the employee's entry date into his/her present position. After the one (1) year period in their present position, employees shall be eligible for a merit increase, as defined herein, and shall be eligible at their annual anniversary date every year from that time forward. Employees may be granted such merit increase from zero to five percent (0-5%) of salary, based upon documented and demonstrated workplace performance as recommended by the employee’s Supervisor and Department Director. All merit increases shall be submitted to the Village Manager (or Human Resources Department) for review, consideration and written approval prior to discussion or delivery to the employee. FY 2015 Adopted BudgetPage 221 of 294
Merit increases are not automatic. Such merit increase is contingent upon receipt of a satisfactory performance evaluation. Employees who are at the maximum or exceed the maximum pay for their classification will not be eligible for a merit increase in their present Pay Plan classification, but may be eligible for a lump sum performance bonus. The Village Manager shall approve merit increases equal to or greater than 4.5%. Contractual provisions will govern bargaining unit employee merit increases. Lump Sum Performance Bonus: Employees whose compensation is equal to the maximum annual pay range for their position shall be eligible for the annual performance incentive bonus program. Annual performance review bonuses would be paid lump-sum based upon written recommendation and documentation from the Department Head; subject to written approval of the Village Manager or designee as follows: Exceptional Level II performance review rating - $ 1,200 Successful Level I through Exceptional Level I performance review rating - $ 900 Development Required through Below Standards performance review rating - $ 0 The bonus payment shall not be included in an employee’s regular base rate of pay and shall not be carried forward in subsequent years. SECTION 7. PROMOTIONS, DEMOTIONS, TRANSFERS, AND RECLASSIFICATIONS In the event of a promotion to a higher pay range (grade), employees will be placed in the new position’s pay range (grade) at a base pay level that does not exceed more than 10% of the base pay level they occupy in their current pay range not to exceed the pay range maximum. Upon the written recommendation of the Department Director and written approval by the Village Manager, an employee that is within two (2) months of their existing anniversary / annual review date may receive a merit increase prior to the implementation of their recommended promotion. Bargaining unit employees shall receive promotional increases in accordance with their respective collective bargaining agreement, unless otherwise negotiated. In the event of an involuntary demotion an employee will be placed in the same relative position for the lower position grade as he/she enjoyed in the previous classification, as long as the pay does not decrease more than 10%. For a voluntary demotion to a lower pay range (grade), employee shall be placed in the same relative position for the lower position grade while having their current pay “frozen” at their current level – with future pay adjustments being used to “offset” this higher pay level until fully absorbed. In the event an employee is transferred to a position with the same pay grade, their rate of pay will remain the same. The Village retains the right to evaluate and if appropriate, make personnel classification changes (reclassifications) when appropriate in support of providing the most cost effective and efficient delivery of municipal services to the residents of the Village. SECTION 8. PART-TIME PAY & MERIT INCREASE Part-time employees shall be paid the hourly wage as outlined in the attached Pay Plan, at the pay range (grade) minimum unless otherwise recommended by the Department Director, and approved by the Village Manager. Permanent Part-Time employees (who must be scheduled annually for work in more than 46 or more weeks) shall be eligible for a merit increase upon receipt of a satisfactory evaluation. Part-time employees who leave Village employment and are subsequently rehired, are not considered to have continuous service, and are only eligible for a merit increase annually based upon their rehire date. Seasonal part-time employees (scheduled during a 12-month period work for less than 46 weeks), who have worked during the past season and return for the upcoming season, may be eligible for a merit increase at the beginning of the upcoming season, when prior FY 2015 Adopted BudgetPage 222 of 294
employment ended due to Village operational direction. Those employees who leave employment prior to the end of the season and may later be rehired by the Village, are considered new employees and not eligible for a merit increase upon their rehire date. SECTION 9. OVERTIME/COMPENSATORY TIME Overtime is authorized by the Village Manager or Department Heads. Overtime is paid to hourly employees at one and one-half (1½) times the hourly rate for all hours worked in excess of forty (40) hours per week. Upon prior approval of the Department Head or the Village Manager hourly employees may receive compensatory time off for any work performed in excess of the regularly scheduled hours in a normal work week at one and one-half (1½) hours for every hour for overtime hours worked. Compensatory time for hourly employees shall accrue to no more than sixty (60) hours. Unused accrued compensatory time shall be paid upon termination of employment. Bargaining unit employees shall receive overtime and compensatory time in accordance with their respective collective bargaining agreement, unless otherwise negotiated. SECTION 10. WORK ASSIGNMENTS – HIGHER PAY GRADE The Village administration recommends creating a pay system for General employees who work in an established higher pay grade classification. If a General employee is authorized and directed by the Village Manager or designee to temporarily work in an established higher pay grade classification, the employee shall be paid five percent (5%) above their base pay rate for the period of time worked in the higher pay grade classification. Increases for temporary work assignments that do not conform to established pay grade classifications are handled on a case-by-case basis at the discretion of the Village Manager. SECTION 11. BENEFIT ELIGIBILITY Employees in full-time, budgeted positions [regularly scheduled to work thirty (30) or more hours per week or an excess of 1,560 hours within the fiscal year] are eligible for participation in the Village’s pension plans, health and dental insurance, long-term disability insurance, and employer paid life insurance programs according to the requirements of these plans/programs. Permanent part-time employees [who work less than thirty (30) hours per week or less than 1,560 hours per fiscal year] are not eligible to participate in the Village’s pension plans, health and dental insurance, long-term disability insurance, employer paid life insurance programs, and sick leave incentive programs. SECTION 12. MISCELLANEOUS BENEFITS/INCENTIVES Pension Contributions – The Village’s annual required employer pension contributions for General Employee Pension employees will be 19.54% of payroll, 21.49% of payroll for Police & Fire Pension employees, and 15% of payroll for ICMA-RC Pension employees. The definition and limitations of earnings shall be as outlined in each respective Village Pension Plan. 457 Deferred Compensation Contributions – The Village will match a non-union, full-time employee’s 457 Deferred Compensation plan through ICMA-RC based on a contribution rate of 50-cents for every dollar of employee contribution – up to a monthly Village contribution limit of $60 mo. ($720 yr.) and paid on a bi-weekly basis. Bargaining unit employees shall receive deferred compensation accordance with their respective collective bargaining agreement, unless otherwise negotiated. Long Term Disability Insurance – The Village’s long-term disability shall continue for all full-time employees, unless otherwise negotiated. FY 2015 Adopted BudgetPage 223 of 294
Life Insurance – The Village life insurance program for all full-time employees shall continue to be a level equivalent to the maximum level allowed by IRS regulations before imputing added employee compensation ($50,000, or $25,000 after the age of 70), unless otherwise negotiated. Sick Leave Incentive Award Program – Regular full-time (non-probationary) general employees who do not use any sick leave within any continuous (6) six-month period are eligible to earn eight (8) hours annual leave time as incentive for not using sick leave. Bargaining unit employees shall receive sick leave incentive(s) in accordance with their respective collective bargaining agreement, unless otherwise negotiated. Certification Incentive - The certification incentive program will continue to provide certification pay for job related certifications as recommended by the Department Head and approved by the Village Manager. Certification incentive pay will be issued as follows: Certifications requiring an examination and continuing education - $1,000 Certifications requiring continuing education and no examination - $1,000 Certification requiring an examination with no continuing education - $500 The maximum number of certifications eligible for the certification incentive will be three (3) per individual. The certification incentive will not be included in the base pay rate, and payment will be prorated based on the standard pay cycle. Employees whose base pay plus other types of pay compensation has reached the pay range maximum will be ineligible for certification pay above the pay range maximum. For certification requiring renewal or continuing education, the employee is required to meet the appropriate renewal and to have the certification renewed in order to continue receiving the certification incentive pay. In addition, if an employee receiving EMT certification is promoted to a Paramedic position, the EMT certification pay will be removed. Health/Dental Insurance Benefit - For all full-time employees, the Village will pay full cost of the lower-cost single coverage and 80% of the lower-cost employee plus one (+1) for health insurance and family coverage for health and dental insurance. Employees shall pay all costs above the Village payment of above coverage including any increased premium expense of the higher-cost health/dental plans the employee may choose to select. Employees will have health and dental insurance premiums taken through the payroll process on a twice monthly basis. Flexible Spending Account – The Village’s Flexible Spending Account provides employees the ability to voluntarily set aside tax-deferred compensation for authorized personal expenses such as medical and child care expenses. Education Assistance Program – The Village shall follow an education assistance program that provides a maximum benefit of $5250 per fiscal year. The assistance amount is based on the per credit rate established by the State of Florida University at the time of course enrollment, and depends on the cost of the class and the grade received. Employees must request approval for a course prior to the start of the course (at the time of enrollment) along with a notarized promissory note and then must submit their official grade report within thirty (30) days of successful completion of the course(s). The Village will make all approved payments within sixty (60) days of receipt of the necessary paperwork. Employee Assistance Program (EAP) - The Village offers an Employee Assistance Program through the McLaughlin Young. The program offers various counseling and referral services and currently provides for three (3) free counseling sessions per year for each employee or qualified dependent. FY 2015 Adopted BudgetPage 224 of 294
Village of North Palm BeachPAY RANGES - FY 2014/15(P/T positions shown with F/T annual rate for categorization purposes only)*All union pay / positions are shown for categorization purposes only and are subject to ratification of Collective Bargaining Agreements# PT # FT Class Title UnionPay GradeNHrly Min Hrly Mid Hrly Max An Min An Mid An Max20F&B SERVICE PERSONNEL NUPT50 N 4.77$ 6.20$ 8.06$ 6,201.00$ 8,060.00$ 10,478.00$ 4SNACK BAR ATTENDANT NUPT100 N 10.34$ 13.44$ 16.54$ 21,500.00$ 27,950.00$ 34,400.00$ 10CAMP COUNSELOR NUPT100 N 10.34$ 13.44$ 16.54$ 21,500.00$ 27,950.00$ 34,400.00$ 6DISHWASHER NUPT100 N 10.34$ 13.44$ 16.54$ 21,500.00$ 27,950.00$ 34,400.00$ 4LIBRARY PAGENUPT100 N 10.34$ 13.44$ 16.54$ 21,500.00$ 27,950.00$ 34,400.00$ 11DRIVING RANGE RANGERNUPT100 N 10.34$ 13.44$ 16.54$ 21,500.00$ 27,950.00$ 34,400.00$ 13RECREATION ASSISTANTNUPT100 N 10.34$ 13.44$ 16.54$ 21,500.00$ 27,950.00$ 34,400.00$ 7GOLF SHOP ATTENDANTNUPT100 N 10.34$ 13.44$ 16.54$ 21,500.00$ 27,950.00$ 34,400.00$ 8OUTSIDE SERVICE ATTENDANTNUPT101 N 10.96$ 14.24$ 17.53$ 22,790.00$ 29,627.00$ 36,464.00$ 1OUTSIDE SERVICE COORDINATORFPE101 N 10.96$ 14.24$ 17.53$ 22,790.00$ 29,627.00$ 36,464.00$ 6LINE COOKNUPT101 N 10.96$ 14.24$ 17.53$ 22,790.00$ 29,627.00$ 36,464.00$ 1CLERICAL SPECIALISTNUPT102 N 11.61$ 15.10$ 18.58$ 24,157.40$ 31,404.62$ 38,651.84$ 1GOLF MEMBER RELATIONS COORDINATORNUPT102 N 11.61$ 15.10$ 18.58$ 24,157.40$ 31,404.62$ 38,651.84$ 20POOL LIFEGUARDNUPT102 N 11.61$ 15.10$ 18.58$ 24,157.40$ 31,404.62$ 38,651.84$ 5LIBRARY CLERKNUPT103 N 12.31$ 16.00$ 19.70$ 25,606.84$ 33,288.90$ 40,970.95$ 1GROUNDS MAINTENANCE WORKERFPE103 N 12.31$ 16.00$ 19.70$ 25,606.84$ 33,288.90$ 40,970.95$ 2STREET MAINTENANCE WORKERFPE103 N 12.31$ 16.00$ 19.70$ 25,606.84$ 33,288.90$ 40,970.95$ 1IRRIGATION TECHNICIANFPE104 N 13.05$ 16.96$ 20.88$ 27,143.25$ 35,286.23$ 43,429.21$ 1LIBRARY ASSISTANTFPE104 N 13.05$ 16.96$ 20.88$ 27,143.25$ 35,286.23$ 43,429.21$ 11SANITATION COLLECTORFPE104 N 13.05$ 16.96$ 20.88$ 27,143.25$ 35,286.23$ 43,429.21$ 1GOLF SALES & MARKETING REPRESENTATIVENU106 N 14.66$ 19.06$ 23.46$ 30,498.16$ 39,647.61$ 48,797.06$ 11ST ASSISTANT GOLF PROFESSIONALNU106 N 14.66$ 19.06$ 23.46$ 30,498.16$ 39,647.61$ 48,797.06$ 2EQUIPMENT OPERATORFPE107 N 15.54$ 20.21$ 24.87$ 32,328.05$ 42,026.47$ 51,724.88$ 1SR. IRRIGATION TECHNICIANFPE107 N 15.54$ 20.21$ 24.87$ 32,328.05$ 42,026.47$ 51,724.88$ 1POLICE SERVICE AIDENU107 N 15.54$ 20.21$ 24.87$ 32,328.05$ 42,026.47$ 51,724.88$ 6SANITATION DRIVER/OPERATORFPE107 N 15.54$ 20.21$ 24.87$ 32,328.05$ 42,026.47$ 51,724.88$ 5ACCOUNTING CLERKNU108 N 16.47$ 21.42$ 26.36$ 34,267.73$ 44,548.05$ 54,828.37$ 2ADMINISTRATIVE ASSISTANTNU108 N 16.47$ 21.42$ 26.36$ 34,267.73$ 44,548.05$ 54,828.37$ 1KITCHEN MANAGERNU108 E 16.47$ 21.42$ 26.36$ 34,267.73$ 44,548.05$ 54,828.37$ 2MECHANICFPE108 N 16.47$ 21.42$ 26.36$ 34,267.73$ 44,548.05$ 54,828.37$ 3TRADES MECHANICFPE108 N 16.47$ 21.42$ 26.36$ 34,267.73$ 44,548.05$ 54,828.37$ 3RECREATION SUPERVISORFPE109 N 17.46$ 22.70$ 27.94$ 36,323.80$ 47,220.94$ 58,118.08$ FY 2015 Adopted BudgetPage 225 of 294
Village of North Palm BeachPAY RANGES - FY 2014/15(P/T positions shown with F/T annual rate for categorization purposes only)*All union pay / positions are shown for categorization purposes only and are subject to ratification of Collective Bargaining Agreements# PT # FT Class Title UnionPay GradeNHrly Min Hrly Mid Hrly Max An Min An Mid An Max3PERMIT & LICENSE TECHNICIAN FPE109 N 17.46$ 22.70$ 27.94$ 36,323.80$ 47,220.94$ 58,118.08$ 12ADMINISTRATIVE COORDINATORNU109 N 17.46$ 22.70$ 27.94$ 36,323.80$ 47,220.94$ 58,118.08$ 1BANQUET EVENT COORDINATORNU109 E 17.46$ 22.70$ 27.94$ 36,323.80$ 47,220.94$ 58,118.08$ 1CODE COMPLIANCE OFFICERFPE109 N 17.46$ 22.70$ 27.94$ 36,323.80$ 47,220.94$ 58,118.08$ 1ZONING COMPLIANCE OFFICERFPE109N 17.46$ 22.70$ 27.94$ 36,323.80$ 47,220.94$ 58,118.08$ 2F&B ASSISTANT MANAGERNU109 E 17.46$ 22.70$ 27.94$ 36,323.80$ 47,220.94$ 58,118.08$ 3SR. LIBRARY ASSISTANTFPE109 N 17.46$ 22.70$ 27.94$ 36,323.80$ 47,220.94$ 58,118.08$ 12SCHOOL CROSSING GUARDNU109 N 17.46$ 22.70$ 27.94$ 36,323.80$ 47,220.94$ 58,118.08$ 1TECHNICAL SUPPORT SPECIALISTNU109 N 17.46$ 22.70$ 27.94$ 36,323.80$ 47,220.94$ 58,118.08$ 1SR. TRADES MECHANICFPE110 N 18.51$ 24.06$ 29.62$ 38,503.23$ 50,054.19$ 61,605.16$ 1CRIMINAL INTELLIGENCE ANALYSTNU111 N 19.62$ 25.51$ 31.39$ 40,813.42$ 53,057.44$ 65,301.47$ 1BUILDING CONSTRUCTION INSPECTORFPE111 N 19.62$ 25.51$ 31.39$ 40,813.42$ 53,057.44$ 65,301.47$ 1EXECUTIVE SECRETARYNU111 N 19.62$ 25.51$ 31.39$ 40,813.42$ 53,057.44$ 65,301.47$ 1LIBRARIANFPE111 N 19.62$ 25.51$ 31.39$ 40,813.42$ 53,057.44$ 65,301.47$ 1PARKS AND FACILITIES MANAGERNU111 N 19.62$ 25.51$ 31.39$ 40,813.42$ 53,057.44$ 65,301.47$ 3PUBLIC WORKS SUPERVISORNU112E20.80$ 27.04$ 33.28$ 43,262.22$ 56,240.89$ 69,219.56$ 1H/R COORDINATORNU112 E 20.80$ 27.04$ 33.28$ 43,262.22$ 56,240.89$ 69,219.56$ 2SR. BUILDING CONSTRUCTION INSPECTORFPE113 E 22.05$ 28.66$ 35.28$ 45,857.96$ 59,615.34$ 73,372.73$ 1PLANNERNU113 E 22.05$ 28.66$ 35.28$ 45,857.96$ 59,615.34$ 73,372.73$ 1NETWORK SUPPORT SPECIALISTNU114 E 23.37$ 30.38$ 37.39$ 48,609.44$ 63,192.27$ 77,775.10$ 1FIRE INSPECTORNU114 E 23.37$ 30.38$ 37.39$ 48,609.44$ 63,192.27$ 77,775.10$ 1DIRECTOR OF GOLF OPERATIONSNU115 E 24.77$ 32.20$ 39.64$ 51,526.00$ 66,983.80$ 82,441.60$ 1DIRECTOR OF FOOD & BEVERAGENU115 E 24.77$ 32.20$ 39.64$ 51,526.00$ 66,983.80$ 82,441.60$ 1PROJECT & PROCUREMENT MANAGERNU115 E 24.77$ 32.20$ 39.64$ 51,526.00$ 66,983.80$ 82,441.60$ 1RECREATION SUPERINTENDENTNU116E 26.26$ 34.14$ 42.01$ 54,617.56$ 71,002.83$ 87,388.10$ 1DEPUTY VILLAGE CLERKNU116 E 26.26$ 34.14$ 42.01$ 54,617.56$ 71,002.83$ 87,388.10$ 1FINANCE MANAGERNU118 E 29.50$ 38.36$ 47.21$ 61,368.29$ 79,778.78$ 98,189.27$ 1DIRECTOR OF LIBRARYNU118 E 29.50$ 38.36$ 47.21$ 61,368.29$ 79,778.78$ 98,189.27$ 1BUILDING OFFICIALNU119 E 31.27$ 40.66$ 50.04$ 65,050.39$ 84,565.51$ 104,080.62$ 1VILLAGE CLERKNU122 E 37.95$ 49.34$ 60.73$ 78,944.76$ 102,628.19$ 126,311.62$ 1DIRECTOR OF COMMUNITY DEVELOPMENTNU122 E 37.95$ 49.34$ 60.73$ 78,944.76$ 102,628.19$ 126,311.62$ 1DIRECTOR OF INFORMATION TECHNOLOGYNU122 E 37.95$ 49.34$ 60.73$ 78,944.76$ 102,628.19$ 126,311.62$ FY 2015 Adopted BudgetPage 226 of 294
Village of North Palm BeachPAY RANGES - FY 2014/15(P/T positions shown with F/T annual rate for categorization purposes only)*All union pay / positions are shown for categorization purposes only and are subject to ratification of Collective Bargaining Agreements# PT # FT Class Title UnionPay GradeNHrly Min Hrly Mid Hrly Max An Min An Mid An Max1DIR OF PARKS & RECREATION NU122 E 37.95$ 49.34$ 60.73$ 78,944.76$ 102,628.19$ 126,311.62$ 1DIRECTOR OF PUBLIC WORKSNU122 E 37.95$ 49.34$ 60.73$ 78,944.76$ 102,628.19$ 126,311.62$ 1CALEA MGR/CAPTAIN OF PROFESSIONAL STANDARDSNU122 E 37.95$ 49.34$ 60.73$ 78,944.76$ 102,628.19$ 126,311.62$ 2POLICE CAPTAINNU122 E 37.95$ 49.34$ 60.73$ 78,944.76$ 102,628.19$ 126,311.62$ 1FIRE CAPTAINNU122 E 37.95$ 49.34$ 60.73$ 78,944.76$ 102,628.19$ 126,311.62$ 1DIRECTOR OF HUMAN RESOURCESNU122 E 37.95$ 49.34$ 60.73$ 78,944.76$ 102,628.19$ 126,311.62$ 1FIRE CHIEFNU123E 40.61$ 52.79$ 64.98$ 84,470.90$ 109,812.16$ 135,153.43$ 1DIRECTOR OF FINANCENU123 E 40.61$ 52.79$ 64.98$ 84,470.90$ 109,812.16$ 135,153.43$ 1POLICE CHIEFNU125 E 46.50$ 60.44$ 74.39$ 96,710.73$ 125,723.95$ 154,737.17$ 1VILLAGE MANAGERNU 126 E52.88$ 68.75$ 84.62$ 110,000.00$ 143,000.00$ 176,000.00$ 1FIREFIGHTER/EMTIAFF200 N 20.91$ 27.19$ 33.46$ 43,500.00$ 56,550.00$ 69,600.00$ 17FIREFIGHTER/MEDICIAFF202 N 23.50$ 30.55$ 37.60$ 48,876.60$ 63,539.58$ 78,202.56$ 3FIRE RESCUE LIEUTENANTIAFF205 N 27.99$ 36.38$ 44.78$ 58,212.81$ 75,676.66$ 93,140.50$ 1RECORDS CLERKPBA300 N 20.91$ 27.19$ 33.46$ 43,500.00$ 56,550.00$ 69,600.00$ 22POLICE OFFICERPBA302 N 23.50$ 30.55$ 37.60$ 48,876.60$ 63,539.58$ 78,202.56$ 6POLICE SERGEANTPBA306N 29.67$ 38.57$ 47.47$ 61,705.58$ 80,217.26$ 98,728.93$ 131 144FY 2015 Adopted BudgetPage 227 of 294
Village of North Palm BeachFive Year Position Summary0204060801001201401602011 2012 2013 2014 2015Full Time139 139 139 141 136Part Time69 68 69 68 66General Fund Positions0102030405060702011 2012 2013 2014 2015Full Time75688Part Time64 56 54 65 65Country Club PositionsFY 2015 Adopted BudgetPage 228 of 294
2006200720082009201020112012201320142015Number of Employees:General GovernmentVillage Manager - Full-Time 1 111111111Assistant Village Manager - Full-Time 0 000000000Systems SpecialistFull-Time 2 222223333Part-Time 0 001110000Executive Secretary - Full-Time 1 111111111Human ResourcesFull-time 2 222222222Part-Time 0 000000001Village Clerk - Full-Time 3 333333333FinanceFull-time 5 555555557Part-Time 0 011111110Public WorksFull-time 54 47 48 38 37 37 37 37 37 35Part-Time 3 000000000Public SafetyFull-time 66 68 68 67 67 670000Part-Time 14 13 12 11 12 120000Law EnforcementFull-time 0 0000043434336Part-Time 0 0000012131313Fire RescueFull-time 0 0000024242424Part-Time 0 000000000Community Development and PlanningFull-time 0 9 10999881011Part-Time 0 112222210Leisure ServicesLibraryFull-time 7 776666667Part-Time 8 8 8 10 10 10 10 10 10 9RecreationFull-time 15 15 179766666Part-Time 31 39 42 42 42 43 43 43 43 43Other Government - Country ClubFull-time 18 19 185575688Part-Time 24 25 22 21 21 64 56 54 65 65Total Number of Employees Budgeted FY Ending 254 265 268 236 234 279 268 268 282 275* Variance exists due to the employment of seasonal and part-time employees.Source:Village of North Palm Beach Budget ReportVILLAGE OF NORTH PALM BEACHVILLAGE GOVERNMENT EMPLOYEES BY FUNCTIONLAST TEN FISCAL YEARS (*)UnauditedFY 2015 Adopted BudgetPage 229 of 294
Chapter 5-Page 1
Village of North Palm Beach
Number: 08-05
Subject: Application Process
Date: November 7, 2008
Revised: Section 5, NPB
Policy Manual
POLICY AND PROCEDURES MANUAL REVISION
5.0 APPLICATION PROCESS
5.1 Application, Selection and Employment:
5.1.1 Policy Statements: It is the policy of the Village of North Palm Beach:
A. To attract and retain the best qualified employees meeting at least the minimum
requirements of each position as outlined in the position classification plan.
B. To select employees based on suitability for a given position without regard to race,
color, creed, religion, sex, age, national origin, or disability.
5.1.2 Factors Determining Employment: In determining the successful candidate for any
appointment, the Village Manager shall take into consideration but shall not be limited
to, such factors as education, training, experience, aptitude, knowledge, skills, abilities,
physical fitness, and references.
5.1.3 Authorization: When there is a vacant position or a new position is created the vacancy
shall be filled in the following order:
A. By promotion of an employee employed on a regular basis by the Village who meets
the qualifications necessary to adequately perform the duties of the position.
B. From an appropriate layoff list, if such a list is in existence and the person meets the
criteria as set forth in 5.1.2. Furthermore, a layoff list and layoff procedures will be in
accordance with Section 15 of these Personnel Rules and Regulations.
C. By a person not employed on a regular basis by the Village.
5.1.4 Application Evaluation: All applicant applications are to be reviewed and evaluated.
The evaluation process may consist of one or any combination of the following methods:
ability tests, achievement tests, performance tests, ratings of experience and training,
evaluation of daily work performance, physical agility tests, work samples, physical
examinations, or other acceptable selection techniques. Any method(s) chosen shall
evaluate only those criteria necessary to perform adequately in the position. Every
applicant must be of sound health and have the physical and menta1 ability to perform
the duties of the position to which the applicant seeks employment. Proof produced at
Chapter 5-Page 2
any time to the Village of physical disability or incapacity to perform the essential duties
of the position may be deemed sufficient cause to exclude the applicant.
5.1.5 Application Acceptance: Applications will only be accepted for vacant positions and/or
positions advertised as currently “accepting applications.” Incomplete and/or illegible
applications will not be evaluated or considered.
5.1.6 Pre-Employment Medical Examinations: All regular full-time applicants for positions
are required to complete a medical examination which certifies physical ability to
perform the duties assigned and required. Arrangements for all pre-employment medical
examinations will be made by the department head or the Human Resources Department
with a physician designated by the Village. Such examinations shall be conducted at
Village expense.
5.1.7 Background Investigations: A background investigation of each applicant will be
conducted within 30 days of the issuance of a conditional offer of employment. The
investigation will include at least the following:
A. Verification of qualifying credentials,
B. A review of criminal record, worker’s compensation history, driving history
C. Verification of at least two (2) professional and/or personal references.
D. In some cases, as approved by the Village Manager or designee, background
investigations may be conducted on all applicants who have passed the initial
evaluation stage prior to personal interviews with staff and/or receiving a conditional
offer of employment. This measure shall be reserved for cases where it is deemed a
more prudent use of Village funds and staff resources.
5.1.8 Fraudulent Conduct, False or Omitted Statements by an Applicant: Fraudulent
conduct of false or omitted statements by an applicant or by others with the applicant's
consent, in any application, shall be deemed cause for exclusion of the applicant from
consideration for the position or termination from Village employment.
5.1.9 Term of Applicants: Applications for positions with the Village shall be active and
considered by the Village for a term of two (2) years from the date said application is
filed. After the expiration of two (2) years, the application, if not renewed, shall be void
and shall not be considered by the Village and all records and correspondence pertaining
to the application may be disposed of in accordance with State law.
5.1.10 Non-Selection: All applicants who are not selected for positions shall be informed in
writing. Prompt notification in writing is fundamental to a fair and effective selection
process. Whenever possible, applicants should be informed within sixty (60) days of such
a decision.
5.1.11 Procedure for Filling Vacancies: All vacancies shall be filled by the appointment of
probationary or temporary employees. Insofar as practicable, vacancies in higher job
classes shall be filled by promoting individuals from lower job classes and then from an
appropriate layoff list as described in Section 5.1.3B. The Village Manager shall make
Chapter 5-Page 3
all appointments of all Village employees (except for those positions subject to Village
Council appointment) subject to these regulations and may delegate the selection of
employees to the department heads.
5.1.12 Probationary Appointments: A 365-day probationary period shall begin immediately
upon appointment. An employee shall be retained beyond the end of the probationary
period and granted regular status only if the department head affirms that the service of
the employee has been satisfactory and recommends to the Village Manager that the
employee be given regular status. Probationary periods may be extended in accordance
with that section of this policy manual.
5.1.13 Temporary Postings and Appointments: A temporary position is one which is
established and approved by the Village Manager and designated to be of shorter
duration than six (6) months. No employee may be retained in any temporary position
longer than six (6) months. However, the Village Manager may grant extensions due to
extenuating circumstances up to an additional six (6) months, not to exceed the
established budget.
5.1.14 Regular Full-Time Positions: A regular full-time position is one which is established in
the budget and designated to be continuous in nature. It may be part-time, but regularly
scheduled, in that it is established by the budget, designated as such by the Village
Manager, and filled with regular full-time or probationary employees.
5.1.15 Transfers: Transfers between departments shall be coordinated by the department heads
involved and approved by the Village Manager.
5.1.16 Selection and Notification: The Village Manager or designee shall notify the candidate
selected of the decision in writing. The notification shall include the employment date,
starting time, pay and a listing of benefits.
5.1.17 Employment Oath: All applicants who are selected for employment shall take an oath,
prior to employment, that he/she will uphold the Constitution of the United States and the
State of Florida and the Village Charter and Codes, as required by the Village Charter
and the Florida Statutes.
Approved
Jimmy Knight
Village Manager
Chapter 6 – Page 1
Village of North Palm Beach
Number: 08-06
Subject: Probationary
Periods
Date: December 24, 2008
Revised: Section 6, NPB
Policy Manual
POLICY AND PROCEDURES MANUAL REVISION
6.0 PROBATIONARY PERIODS
6.1 Objective: The probationary or working test period shall be regarded as an extension of the
evaluation process and shall be utilized by supervisors and department heads for closely
observing the employee's work, and for rejecting any employee whose performance does not
meet the required work standards.
6.2 Duration: Every person appointed, promoted or transferred to a regular vacant position shall
be required to successfully complete a probationary period. The probationary period is a trial
period for management to observe an employee’s work and ability to fit within the
organization. This period is essential to successful operations and vital to management’s
ability to successfully staff all areas of the organization. At no time does the use of a
probationary or trial period by management guarantee continued employment for any
candidate. The probationary period shall begin immediately upon appointment and shall
continue for three hundred and sixty five (365) calendar days unless specifically defined
differently by an applicable Collective Bargaining Agreement. Due to extenuating
circumstances, the probationary period may be extended or shortened based upon the
individual's performance as recommended by Department Heads and approved by the
Village Manager.
6.3 Evaluation of Performance: The employee's supervisor shall prepare probationary reports
as required by the Village Manager.
6.4 Successful Completion of Probationary Period: When an employee’s performance merits,
one week prior to the end of the probationary period his/her supervisor shall make a
recommendation (in memo form) to the Department Head to move the employee off of
probation and into a regular status. Such recommendations shall be reviewed by the
Department Head and then if approved forwarded to the Village Manager for his/her review
and approval/denial. Upon successful approvals at all levels, the document shall be
forwarded to the Human Resources Department for inclusion in the employee’s personnel
file and he/she shall be removed from probationary status. The supervisor or Department
Head shall inform the employee of his/her change of status.
6.5 Extension of Probation: When deemed necessary by the supervisor the employee's
probation may be extended with the appropriate approvals from the Department Head and
Village Manager.
A. Such extensions shall be reserved for cases when minor and correctable deficiencies exist
and/or the employee has not yet had enough time to demonstrate a firm grasp of or ability
Chapter 6 – Page 2
for essential job functions. In such cases the supervisor and Department Head shall
request an extension in writing and forward the request to the Village Manager for review
and approval/denial.
B. A copy of the request and Village Manager’s decision shall be forwarded to the Human
Resources Department for inclusion in the employee’s personnel file. In cases where the
requests for extension is approved, the employee shall be notified in writing by the
Department Head of:
1. The reasons for the extension
2. The length of time the probation shall be extended
3. The areas and means of improvement the employee shall take in order to successfully
complete probation.
B. Whenever possible, requests for extension of probation shall be processed more than
thirty (30) days prior to the end of the employee’s normal probationary period.
Extensions may be no more than ninety (90) days in length.
6.6 Termination: With the approval of the Village Manager, the Department Head may
terminate the probationary employee anytime during the probationary period if in the
Department Head's opinion the working test indicates that the employee is unable or
unwilling to perform the duties of the position satisfactorily or that his/her habits and
dependability do not merit continuance in the position.
APPROVED
Jimmy Knight
Village Manager
Chapter 7 – Page 1
Village of North Palm Beach
Number: 09-03
Subject: Hours of Work
Date: August 11, 2009
Revised: Section 7, NPB
Policy Manual
POLICY AND PROCEDURES MANUAL REVISION
7.0 HOURS OF WORK
7.1 Hours of Work: The scheduled number of work hours per week by department is
normally 40 hours; however, weekly hours for specific job classifications may vary as
determined in accordance with each department's needs and operations. The individual
Department Head establishes the work start times and stop ti mes.
7.2 Lunch Periods: The lunch period shall begin and end at the employee's assigned work
area. Department Heads are responsible for scheduling lunch periods that do not
interfere with work requirements. The regular lunch period shall not be part of t he
compensated workday, except for Public Safety personnel.
7.3 Overtime:
7.3.1 General Policy: Department heads are responsible for scheduling the work in their
departments in order to minimize overtime. All overtime designated by the department
supervisor or Department Head is approved overtime within budgetary limitations. Due
to their twenty-four hour shifts, the Public Safety Department shall be authorized
overtime by the Public Safety Director on a non-emergency basis within budgetary
limitations.
7.3.2 Hourly Employees: Overtime shall be compensated to hourly employees at one and
one-half (1½) times the hourly rate for all hours worked in excess of forty (40) hours per
week. Annual leave and holidays shall count as hours worked for the purpos e of
computing overtime. Sick leave shall not count as time worked when computing
overtime.
7.3.3 Salaried Employees: Salaried employees are not authorized overtime compensation
(except in circumstances outlined in Emergency Pay).
7.3.4 Compensatory Time: Upon prior approval of the Department Head and/or the Village
Manager, hourly employees may receive compensatory time off for any work performed
in excess of the regularly scheduled hours in a normal work week at one and one-half
Chapter 7 – Page 2
(1½) hours for every hour for overtime hours worked. Compensatory time shall accrue to
no more than twenty-four (24) hours. Unused accrued compensatory time shall be paid
upon termination of employment, not to exceed twenty-four (24) hours.
APPROVED
Jimmy Knight
Village Manager
POLICY AND PROCEDURES MANUAL REVISION
8.1 INSPECTOR GENERAL REPORTING POLICIES AND PROCEDURES
A. Purpose and Scope: The Palm Beach County Inspector General Ordinance contains
certain provisions regarding the reporting of specified acts or omissions to the Office of the
Inspector General ("OIG"). The Ordinance requires the Village Manager to report specified acts
or omissions and designates the Inspector General as "an appropriate local official" for the
purposes of whistleblower reporting and protection under Florida law. The Ordinance further
makes it a crime for any person to attempt to retaliate, punish, harass or penalize anyone for
communicating with or cooperating with the Inspector General. This policy explains the
procedures by which Village employees may report possible wrongdoing to the OIG.
B. Authority: Palm Beach County Inspector General Ordinance (as codified in Article XI1
of Chapter 2 of the Palm Beach County Code of Ordinances).
1. Reporting Genernlly: Village employees shall promptly notify the OIG and/or
their department head of possible:
a. Mismanagement of a contract (misuse or loss exceeding $5,000 in public
funds);
b. Fraud:
c. Theft; or
d. Bribery.
If the matter appears to involve a department head, an employee may promptly
make his or her report directly to the Village Manager. Any employee may make
his or her report to either the OIG or members of Village Administration orally or
in writing. If a department head receives such a report, or otherwise becomes
aware of such a situation, the department head shall promptly report the situation
to the Village Manager, who shall forward the report to the OIG.
In addition to the foregoing, an employee may directly report to the OIG any
other conduct which may fall within the Inspector General's jurisdiction.
Chapter 1-Page 1 111
2. Whistleblower Allegntions: In accordance with the Palm Beach County Inspector
General Ordinance and Florida law, if a Village employee reports any of the following
directly and in writing to the OIG, he or she may be granted "whistleblower protection"
by the OIG:
a. Any violation or suspected violation of any federal, state or local law, rule
or regulation committed by an employee or agent of the Village or an independent
contractor which creates and presents a substantial and specific danger to the
public health, safety or welfare.
b. Any act or suspected act of gross mismanagement, malfeasance,
misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or
abuse, or gross neglect of duty committed by an employee or agent of the Village
or an independent contractor.
Note: Reporting a matter to the OIG does not guarantee the employee
"whistleblower protection" and this determination will be made by the OIG only
after its evaluation of the complaint.
3. Metliods of Reporting to OZG: The OIG reporting form can be found at:
htt~://www.pbcgov.com/OIG/rwfa.htm.
A Village employee may file a report with the OIG by:
a. E-mail (inspector(ii~bc~ov.com)
b. Fax (561-233-2370);
c. Mail (P.O. Box 16568, West Palm Beach, FL 33416); or
d. Telephone (877-283-7068 or 561-233-2350).
D. Updates: Future updates will be the responsibility of the Town Manager in coordination
with the OIG.
Chapter 1-Page 2
Chapter 9 – Page 1
Village of North Palm Beach
Number: 08-09
Subject: Leave
Date: 08-27-13
Revised: Village Policy
Manual Section 9.0
POLICY AND PROCEDURES MANUAL REVISION
9.0 LEAVE POLICY
9.1 Family and Medical Leave Policy (FMLA):
9.1.1 Introduction: It is the policy of the Village to provide eligible employees leave in
accordance with the Family Medical Leave Act of 1993, as amended from time to time.
9.1.2 Village Policy/Legal Authority: The Village policy prohibits the discrimination or
retaliation against any individual(s) with regard to access to family and medical leave, or
interference with requested leave, under this Policy. The Village has set forth its policy
under this Section of the policy and procedures manual. The specific legal authority for
the FMLA Act is 29 U.S.C. Section 2601, et seq.
9.1.3 Purpose: The purpose of the Family and Medical Leave Policy is to provide eligible
employees up to 12 weeks, or 26 workweeks in the case of service-member family leave,
of unpaid family, medical, or exigency leave during a 12-month period in accordance
with the Family and Medical Leave Act of 1993.
9.1.4 Measurement of 12-Month Period: The 12-month period is measured backward from
the date an employee uses any FMLA leave for all types of leave except to measure the
26 weeks available to care for a covered service-member. The 12-month period to
calculate the 26 weeks available to care for a covered service-member is measured
forward from the first date the employee uses leave for this reason.
9.1.5 Definitions:
A.
B. Contingency Operation: means a military operation that-
1. is designated by the Secretary of Defense as an operation in which
members of the Armed Forces are or may become involved in military
actions, operations, or hostilities against an enemy of the United States or
against an opposing military force; or
2. results in the call or order to, or retention on, active duty of members of
the uniformed services under section 688, 12301(a), 12302, 12304, 12305,
or 12406 of Title 10, chapter 15 of Title 10, or any other provision of law
during a war or during a war or national emergency declared by the
President or Congress.
C. Covered Active Duty: means duty during deployment to a foreign country as a
member of the Regular Armed Forces or duty of a Reserve component of the
Chapter 9 – Page 2
Armed Forces during deployment to a foreign country under a Federal call or
order to active duty in support of a contingency operation.
D. Covered Service-member: means a current member of the Armed Forces,
including a member of the National Guard or Reserves, or covered veteran, who
is undergoing medical treatment, recuperation, or therapy, is otherwise in
outpatient status, or is otherwise on the temporary disability retired list, for an
injury or illness incurred in the line of duty on active duty in the Armed Forces or
that existed before the beginning of the active duty and was aggravated by service
in the line of duty on active duty and that may render the member medically unfit
to perform the duties of the service-member's office, grade, rank or rating.
E. Military Member (for Exigency Leave provisions): means a spouse, child or
parent, who is also a member of the reserve components (Army National Guard of
the United States, Army Reserve, Navy Reserve, Marine Corps R eserve, Air
National Guard of the United States, Air Force Reserve and Coast Guard
Reserve) or a retired service-member of a regular component of the Armed
Forces, is on covered active duty or called to covered active duty status
F. Eligible Employee: An employee who has:
1. Been employed for at least twelve (12) months by the employer with
respect to whom leave is requested. The twelve (12) months of
employment do not need to be consecutive, and
2. Worked, excluding paid and unpaid leaves of absence, for at least 1,250
hours of service during the twelve (12) month period immediately
preceding the leave.
F. Equivalent Position: A position with equivalent pay, benefits and working
conditions, including privileges, prerequisites, and status. The equivalent position
must involve the same or substantially similar duties and responsibilities, which
must entail substantially equivalent skill, effort, responsibility, and authority.
G. Health Care Provider: A doctor of medicine or osteopathy who is authorized to
practice medicine or surgery by the State in which he or she practices. Anyone
determined by the Secretary of Labor to be capable of providing health care
services will also qualify as a health care provided. Included are:
1. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors
(limited to treatment consisting of manual manipulation of the spine to
correct a subluxation as demonstrated by x-ray to exist) authorized to
practice in the State.
2. Nurse practitioners, nurse midwives, clinical social workers, and
physician assistants who are authorized to practice in the State. 3.
Christian Science practitioners listed with the First Church of Christ,
Scientist in Boston, Mass.
H. Incapable of Self Care: The individual requires active assistance or supervision to
provide daily self-care in several "activities of daily living or "ADL's". ADL's
include adaptive activities such as caring for one's grooming and hygiene,
bathing, dressing, eating, cooking, cleaning, shopping, taking public
Chapter 9 – Page 3
transportation, paying bills, maintaining a residence, using telephones, using a
post office, etc.
I. Next of Kin of Covered Service Member: means the nearest blood relative of that
individual.
J. Outpatient Status: with respect to covered service-member, means the status of a
member of the Armed Forces assigned to –
1. Military medical treatment facility as an outpatient; or
2. Unit established for the purpose of providing command and control of
members of the Armed Forces receiving medical care as outpatients.
K. Serious Health Condition: An illness, injury, impairment, or physical or mental
condition that involves:
1. Any period of incapacity or subsequent treatment connected with inpatient
(overnight) care in a hospital, hospice, or residential medical care facility; or
2. A period of incapacity requiring absence of more than three consecutive, full
calendar days from work, school, or other regular daily activities and any
subsequent treatment or period of incapacity relating to the same condition that
also involves:
a. Treatment two (2) or more times within thirty (30) days of incapacity, unless
extenuating circumstances exist, by (or under supervision of) a health care
provider; or
b. Treatment by a health care provider on at least one (1) occasion that results in
a regimen of continuing treatment under supervision of a health care
provider.
The first, or only, treatment visit under Subsections (a) or (b) must take place in
person within seven (7) days of the first day of incapacity.
A. Any period of incapacity due to pregnancy, or for prenatal care;
B. Any period of incapacity (or treatment therefore) due to a chronic serious health
condition, which is defined as:
a. A condition that requires visits at least two(2) times per year for treatment by
(or under the supervision of) a health care provider;
b. Continues over an extended period of time, including episodes of a single
underlying condition; and
c. May cause episodic rather than a continuing period of incapacity such as
asthma, diabetes and epilepsy.
5. A period of incapacity that is permanent or long-term due to a condition for
which treatment may not be effective such as Alzheimer's, stroke, or terminal
diseases;
6. Any absences for restorative surgery after an accident or injury or to receive
multiple treatments (including any period of recovery there from) by, or on
referral by, a health care provider for a condition that likely would result in
incapacity of more than three consecutive days if left untreated, such as
chemotherapy, physical therapy, or dialysis.
L. Parent: A biological, adoptive, step or foster parent or an individual who legally
stands or stood in the place of the biological parent.
M. Child: A biological, adopted or foster child, a stepchild, a legal ward or child of a
person standing in the place of the biological parent who is either under the age of 18,
or age 18 or older and incapable of self-care due to a mental or physical disability at
the time FMLA leave is to commence.
Chapter 9 – Page 4
N. Spouse: A spouse is defined in accordance with applicable state law in effect at the
time of the leave.
O. Reduced Leave Schedule: A leave schedule that reduces the usual number of hours
per workweek, or hours per workday, of an employee.
P. Exigency: one that is related to, or necessitated by, the active duty or call to active
duty status of a covered military member and is also one of the following:
1. Short-notice deployment;
a. Leave for this purpose may be used for seven (7) calendar days beginning on
the date the covered military member is notified of an impending call or order
to active duty in support of a contingency operation.
b. Leave for this purpose is used to address issues that may arise from the fact
that a covered military member is notified of an impending call or order to
active duty in support of a contingency operation seven (7) or less calendar
days prior to the date of deployment.
2. Military events and related activities;
a. To attend any official ceremony, program, or event sponsored by the military;
and
b. To attend family support or assistance programs and informational briefings
sponsored or promoted by the military, military service organizations, or the
American Red Cross.
3. Childcare and school activities;
a. To arrange for alternative childcare when the active duty or call to active duty
status of a covered military member necessitates a change in the existing
childcare arrangement for a child of a covered military member at the time
FMLA leave is to commence;
b. To provide childcare on an urgent, immediate need basis (but not on a
routine, regular, or everyday basis);
c. To enroll in or transfer to a new school or day care facility a child of the
covered military member when enrollment or transfer is necessitated by the
active duty or call to active duty status of a covered military member.
d. To attend meetings with staff at a school or a daycare faci lity, such as
meetings with school officials regarding disciplinary measures, parent -
teacher conferences, or meetings with school counselors, for a child of the
covered military member.
4. Financial and legal arrangements;
a. To make or update financial or legal arrangements to address the covered
military member's absence while on active duty or call to active duty status,
such as preparing and executing financial and healthcare powers of attorney,
transferring bank account signature authority, enrolling in the Defense
Enrollment Eligibility Reporting System (DEERS), obtaining military
identification cards, or preparing or updating a will or living trust.
b. To act as the covered military member's representative before a federal, state,
or local agency for purposes of arranging or appealing military service
benefits while the covered military member is on active duty or call to active
duty status, and for a period of 90 days following the termination of the
covered military member's active duty status.
5. Counseling;
a. To attend counseling provided by someone other than a healthcare provider
for:
1. The employee;
2. The covered military member; or
Chapter 9 – Page 5
3. The child of the covered military member.
6. Rest and recuperation;
a. Leave may be taken for up to fifteen (15) days for each instance of rest
and recuperation.
b. To spend time with a covered military member who is on short-term,
temporary, rest and recuperation leave during the period of deployment.
7. Post-deployment activities;
a. To attend arrival ceremonies, reintegration briefings and events, and any
other official ceremony or program sponsored by the military for a period
of 90 days following the termination of the covered military member's
active duty status; and
b. To address issues that arise from the death of a covered military member
while on active duty status, such as meeting and recovering the body of
the covered military member and making funeral arrangements.
8. Parental Care where the parent of the military member is incapable of self -
care;
a. To arrange for alternative care when the military member's call to active
duty necessitates a change;
b. To provide care on an urgent, immediate need basis arising from the call
to active duty of the military member;
c. To admit or transfer to a care facility necessitated by the call to active duty
of the military member; or
d. To attend meetings at the care facility due to the call to active duty of the
military member.
9. Additional activities.
a. To address other events provided that the employer and employee agree
that such leave shall qualify as an exigency, and agree to both the timing
and duration of such leave.
9.1.6 Policy:
A. Notice: Employees must provide Human Resources with no less than 30 days written
notice of their intent to take FMLA leave when the leave is foreseeable. If the FMLA
leave is unforeseeable, the employee must provide notice as soon as possible after the
employee learns of the need for the leave.
B. Eligibility: To be eligible for family or medical leave, an employee must have been a
Village of North Palm Beach employee for at least 12 months and have worked for at
least 1250 hours during the previous 12-month period.
In addition to the foregoing eligibility requirements, the employee must also show that
the reason for the leave falls into one of the following categories:
1. the birth of a son or daughter, and to care for the newborn child;
2. the placement with the employee of a child for adoption or foster care, and to care for
the newly placed child;
3. to care for an immediate family member (spouse, child, parent, and parent "in-law")
with a serious health condition;
4. when the employee is unable to work because of a serious health condition;
5. to care for a covered service-member who is a member of the Armed Forces,
including the National Guard or Reserves, or a covered veteran, who is undergoing
Chapter 9 – Page 6
medical treatment, recuperation or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for an injury or illness incurred in
the line of duty on active duty in the Armed Forces or that existed before the
beginning of the active duty and was aggravated by service in the line of duty on
active duty and that may render the service-member medically unfit to perform the
duties of the service-member's office, grade, rank or rating. The employee must be
the family member or the next of kin (nearest blood relative) of the covered service
member; or
6. to address any qualifying exigency arising out of the fact that a spouse, child, or
parent who is also a covered military member in the reserve components of the U.S.
National Guard, Reserves, or retired members of the regular Armed Forces or
Reserves is on active duty or called to active duty status in support of a contingency
operation and deployed to a foreign country. Such leave is not available to an
employee who is the family member of a service-member of the Regular Armed
Forces unless the military member is deployed to a foreign country. Additionally the
call to active duty refers to a Federal call and not a State call, unless the State call was
ordered by the President of the United States under certain circumstances.
C. Birth, Adoption or Foster Care of a Child
1. An eligible employee can take up to 12 weeks of leave during a 12-month period
measured backward from the first date family or medical leave is used. This applies
equally to mothers and fathers. However, if both the mother and father are employed
by the Village of North Palm Beach, the aggregate number of workweeks of leave
that both can receive is limited to 12 work weeks during any 12-month period.
2. The entitlement to leave expires at the end of the 12-month period beginning on the
date of the birth, or placement of a child.
3. Employees meeting the requirements of the Sick Leave policy are required to use
their applicable sick leave and then the accrued vacation leave concurrently with
FMLA before the leave becomes unpaid. After any accrued vacation leave is
exhausted, employees may request to use their remaining accrued sick leave if they
did not meet the requirements of the Sick Leave Policy, or only met the requirements
for a portion of the absence, before the leave becomes unpaid leave. To request to use
the accrued sick leave, Employees must submit the form "Employee Request to
Apply Sick Leave to Unpaid FMLA Leave Based upon Birth or Placement of a
Child" to the Human Resources Department. Any accrued compensatory time off
shall be used prior to the leave becoming unpaid. All paid leaves of absence shall run
concurrently with the FMLA leave.
4. This type of leave shall not be taken by employees intermittently or on a reduced
work schedule.
D. Leave due to serious health condition of the employee or to care for a family member
having a serious health condition.
1. For purposes of this section, Family Member is defined as a spouse, parent, or child.
2. An eligible employee can take up to 12 weeks of leave during a 12-month period
measured backward from the first date leave is used.
3. Employees using FMLA leave for a serious health condition are required to exhaust
their sick and vacation leave balances before FMLA leave becomes unpaid. Any
accrued compensatory time off shall be used prior to the leave becoming unpaid.
4. Spouses employed by the Village of North Palm Beach are limited to a combined
total of 12 workweeks of family leave for the care of an employee's child who has a
serious health condition.
Chapter 9 – Page 7
5. Leave due to a serious health condition may be taken intermittently if medically
necessary as certified by the treating health care provider.
E. Service-Member Family Leave
1. For purposes of this section, family member is defined as a spouse, parent, or child.
2. Next of kin is the nearest blood relative of the service-member (other than the
spouse, parent, or child of the covered service-member) in the following order of
priority: blood relative who has been granted legal custody of the covered service-
member by court decree or statute; brothers and sisters; grandparents; aunts and
uncles; and first cousins; unless the covered service-member has specifically
designated in writing another blood relative as the nearest blood relative for
purposes of military caregiver leave under the FMLA.
3. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a
covered service-member, who is recovering from a serious illness or injury
sustained in the line of duty on active duty, may take up to a total of 26 workweeks
of leave during a 12-month period to care for the service-member. The leave
described in this paragraph shall only be available during a single 12-month period;
4. During the single 12-month period, eligible employees are entitled to a combined
total of 26 workweeks of leave for all types of FMLA leave;
5. If both a husband and wife are employed by the Village, the aggregate number of
workweeks of leave that both can receive is limited to 26 workweeks during the
single 12-month period for service-member leave or a combination of service-
member leave and the other types of FMLA leave available;
6. If an eligible employee does not take all of his or her 26 workweeks of leave
entitlement under this section during the single 12-month period, the remaining part
of the 26 workweeks of leave entitlement is forfeited. However, the leave
entitlement is applied on a per-covered service-member, per-injury basis such that
an eligible employee may be entitled to take more than one period of 26 workweeks
of leave if the leave is to care for a different covered service-member or to care for
the same service-member with a subsequent serious injury or illness, except that no
more than 26 workweeks of leave may be taken within any single 12-month period.
When the eligible employee takes leave to care for more than one covered service-
member or for a subsequent serious injury or illness of the same covered service-
member, and the single 12-month periods corresponding to the different military
caregiver leave entitlements overlap, the employee is limited to taking no more than
26 workweeks of leave in each single 12-month period;
7. Where leave qualifies as both leave to care for a covered service-member and leave
to care for a family member with a serious health condition during the single 12-
month period, the Village must designate such leave as leave to care for a covered
service-member in the first instance. This leave must not be designated and counted
as both leave to care for a covered service-member and leave to care for a family
member with a serious health condition;
8. Service-member leave may be taken intermittently or on a reduced leave schedule
when medically necessary;
9. Employees using FMLA leave for service-member leave are required to exhaust
their sick leave then their vacation leave balance before FMLA leave becomes
unpaid. Any accrued compensatory time off shall be used prior to the leave
becoming unpaid.
Chapter 9 – Page 8
F. Leave due to a qualifying exigency arising out of the fact that a spouse, child or parent,
who is also a National Guard, Reserve, or retired service-member of a regular component
of the Armed Forces, or member of the regular Armed Forces is on active duty or called
to active duty status in support of a contingency operation and deployed to a foreign
country
1. Leave taken due to a qualifying exigency may be taken on an intermittent or
reduced leave schedule basis.
2. Eligible employees may take up to 12 weeks of leave measured forward from the
first date leave is taken for a qualifying exigency.
3. Employees meeting the requirements of the Sick Leave policy are required to use
their applicable sick leave, if the leave qualifies under the Sick Leave policy, and
then the accrued vacation leave concurrently with FMLA before the leave
becomes unpaid. Any accrued compensatory time off shall be used prior to the
leave becoming unpaid. All paid leaves of absence shall run concurrently with the
FMLA leave.
G. Medical Certification
1. The employee shall provide the Village of North Palm Beach Human Resources
office with complete and sufficient certification of the need for leave from the
health care provider of the employee, family member, covered service-member,
or military member within 15 days of notification of the need for leave. The
certification shall state:
a. The date on which the serious health condition began;
b. Health care provider contact information;
c. The probable duration of the condition;
d. The appropriate medical facts of the condition;
e. If the patient is the employee, information sufficient to establish the
employee cannot perform the essential functions of the job, any other
work restrictions, and the duration of the inability;
f. For family leave or service-member leave: a statement that the employee
is needed to care for the family member and an estimate of the amount
of time that such care is needed.
g. In the case where an employee is unable to return to work because he/she
is caring for a service-member who is recovering from a serious injury or
illness sustained in the line of duty while on active duty, a certification
must be issued stating such by the health provider of the service-member.
h. The medical necessity of any intermittent leave request and estimate of
the frequency and duration of episodes of incapacity.
2. The Village shall provide the appropriate certification form to be used for all
employees requesting FMLA leave. When the certification is returned incomplete
or insufficient, the Village will notify the employee in writing what additional
information is necessary. A certification is not sufficient if it is complete, but the
information provided is vague, ambiguous, or non-responsive. The Village will
give the employee seven (7) calendar days to correct an incomplete or insufficient
certification.
3. The certification shall be signed by the health care provider responsible for
providing such services and not by a staff member employed by the health care
Chapter 9 – Page 9
provider. The employee will be required to obtain subsequent re-certification on a
reasonable basis.
4. The Village of North Palm Beach may require, at its own expense, that the
employee obtain the opinion of a second health care provider designated or
approved by the Village, however, the health care provider cannot be employed
on a regular basis by the Village. If the two opinions conflict, the Village can, at
its own expense, require a third and binding opinion.
5. Employees failing to provide complete and sufficient certifications as required,
and after any opportunity to correct, may be denied the taking of FMLA leave.
H. Re-Certifications The employee will be required to submit a recertification if any of the
following occurs:
1. Every thirty (30) days in connection with the employee's absence, but if the
minimum duration of the condition is more th an 30 days, the Village will not
request a recertification until after the initial duration of the condition expires or
when one of the situations below occurs, whichever occurs first.
2. The Village may require recertification within thirty (30) days if:
a. The employee's own, their immediate family member's or covered
service-member's medical condition or duration or frequency of
absences changes significantly;
b. The Village receives information that casts doubt upon the stated
reason for the absence or the continuing validity of the certification; or
c. The employee's need for leave extends beyond the time their own, their
immediate family member's or covered service-member's health care
provider indicates on the most recent medical certification.
3. After six (6) months of the date the most recent medical certification that was
completed by the attending physician, in connection with an absence by the
employee (regardless of the duration of the condition);
4. A qualifying exigency arises out of a different covered active duty or call to
covered active duty status of the same or different covered military member; or,
5. The employee's need for leave due to the employee's own serious health
condition, or the serious health condition of a covered family member, lasts
beyond a single leave year.
6. Employees bear the entire cost of obtaining re-certifications required by the
Village.
7. Employees failing to provide complete and sufficient re-certifications as required,
and after any opportunity to correct, may be denied the taking of FMLA leave.
Failure to provide any re-certification may result in denial of leave under the
FMLA policy. Employees who fail to provide requested documentation of the
reason for an absence from work may be subject to disciplinary action up to, and
including, termination.
I. Intermittent or Reduced Work Week Leave
1. Leave can be taken intermittently or on a reduced work schedule when medically
necessary or as a result of a qualifying exigency. The taking of the leave
intermittently or on a reduced work schedule shall not reduce the total amount of
leave to which the employee is entitled. However, the employee must provide a
certification from the health care provider stating that the employee's reduced
work schedule is necessary and the expected duration and schedule of the
Chapter 9 – Page 10
intermittent leave or reduced work schedule. Such certification must also include
the information listed under the foregoing "Medical Certification" section and
shall also be signed by the health care provider responsible for providing such
services and not by a staff member employed by the health care provider.
2. If an employee requests intermittent leave or leave on a reduced work schedule
that is foreseeable based on a planned medical treatment, the employee:
a. May be required to transfer temporarily to an available alternative
position (for which they are qualified) which has an equivalent pay and
benefits and which better accommodates recurring periods of leave than
the regular position of the employee.
b. Must make reasonable efforts to schedule the treatment so as not to
unduly disrupt operations.
3. If an employee was absent from work due to a previously approved FMLA reason
that was unforeseeable, the employee is required to follow the Village's Sick
Leave Policy's unforeseeable use of sick leave procedures to notify the Village of
the need for leave, and explicitly state that the need for leave is related to the
previously approved FMLA condition. Upon returning to work, the employee
must complete and submit to the Human Resources Department an Intermittent
Leave of Absence under FMLA Request Form within 5 business days of the
employee's return to work for the time to be designated as FMLA. In the absence
of such timely notification by the employee, the employee may not subsequently
assert FMLA protections for the absence.
J. Concurrent Use of Paid Leave As mentioned in each of the sections above, employees
are required to use sick and/or vacation leave concurrently with FMLA. The Village
further requires that the employee satisfy the procedural requirements set forth in the paid
leave policies in order to ensure payment pursuant to the paid leave policy.
K. Health Insurance and Other Benefits During FMLA Leave
1. During approved FMLA leave, the Village is required to maintain group health
insurance benefits. Maintenance of such group health insurance requires that the
employee continue to contribute any co-payment of his or her normal portion of
the insurance premiums to the Village in order to maintain insurance coverage.
For details on continuation of health insurance benefits for dependents, contact
the Village of North Palm Beach's Human Resources Department.
2. Once FMLA leave becomes unpaid, employees do not continue to accrue
seniority, vacation leave or other benefits that are not accrued during other types
of unpaid leaves of absence.
L. Return from FMLA
1. Employees returning from an FMLA leave are required to submit a fitness for
duty certification by their healthcare provider prior to returning to work
demonstrating the employee can perform the essential functions of the job.
Chapter 9 – Page 11
Failure to provide that certification prior to the scheduled return date may delay
the employee's reinstatement.
2. After the beginning of the leave an employee may discover that circumstances
have changed and the amount of leave time originally anticipated is either
reduced or needs to be extended. In foreseeable circumstances where it is
necessary to change leave time the employee is required to give the Village notice
within two (2) business days.
3. Upon the employee's return to work, the employee is reinstated to the same or a
substantially equivalent position. The Village will not guaranty the employee's
position or an equivalent position if their leave extends past twelve (12) weeks.
4. An employee who accepts other employment, or who fails to return to work on
the next regularly scheduled work day following the expiration of the leave, or
who does not accept a position offered by the Village when returning from a
leave, will be considered to have voluntarily resigned from their employment.
Employees are prohibited from performing any work during FMLA leave, for the
Village or any other entity or individual, and may be terminated immediately
upon discovery of same.
5. If the employee decides not to return to work: If the employee does not return
from the approved leave, the Village shall require the employee to reimburse the
Village for its portion of their health coverage premium that was paid for the
employee under the group health plan during the employee's leave.
6. Exceptions. The Village will not require the employee to reimburse the Village
for maintaining coverage if the employee does not return to work for one of the
following reasons:
a. If the leave is for the employee's serious health condition and the em ployee
was unable to return to work because of the continuation, recurrence or onset
of the condition.
b. If the leave is for the serious health condition of a family member and the
employee was unable to return to work because he/she .was still needed to
care for that family member.
c. Certification: If the employee does not return from their approved leave
because of one of the two reasons just stated above, the employee must
present certification from his/her health care provider or the health care
provider of the family member in question. This certification must be
presented as soon as possible, but no later than fifteen (15) days after the last
day of the employee's scheduled leave.
d. The certification must contain the following information:
i. If the leave is for the employee's serious health condition, the
certification must include a statement that the employee is unable
to perform the functions of his/her position on the date the
employee's approved leave expired.
ii. If the leave is for the serious health condition of a family member,
the certification must include a statement that the employee is
needed to care for that family member on the date that the
employee's approved leave expired.
M. Confidentiality
Chapter 9 – Page 12
The Human Resources Department shall maintain the confidentiality of information
obtained from employees regarding the qualifying conditions and medical information
during the FMLA process. Supervisors, Department Heads, and other employees are
generally not provided this confidential information. However, Human Resources will
supply the Supervisors and Department Heads, as applicable, information regarding the
dates of leave, anticipated return to work dates, and any limitations or restrictions
imposed upon the employee by his or her health care provider to ensure the employee's
safety in working on an intermittent or reduced schedule, or upon his or her return to
work.
9.1.7 Forms for the Family and Medical Leave: The forms for Family and Medical Leave are to be
used in application and other various actions for the Family and Medical Leave Policy and are
available in Human Resources.
9.2 Other Leave Policies:
9.2.1 Vacations:
A. General:
1. The Village determines and schedules the vacation period of each employee eligible for
a vacation. Consideration is given where possible to the preference of the employee as
to the time of his or her vacation.
2. No one shall take a vacation of such length as to jeopardize the effectiveness of the
duties of that position. The Department Head and/or the Village Manager shall
determine, based on the conditions specific to the period sought for the vacation,
whether or not the length of the vacation is appropriate. If the Department Head and/or
the Village Manager deem the vacation to be inappropriate, the vacation length ma y be
limited.
B. Eligibility Requirements:
1. Vacation days accrue, but may not be taken during the first ninety (90) days of the
employee's probationary period. All full-time personnel who have completed the first
ninety (90) days of their probationary period may take vacation with pay in
accordance with the following accrual schedule:
a. 0-59 months 80 hours
b. 60-119 months 120 hours
c. 120 and over 160 hours
2. In the event a paid holiday should occur during an employee's vacation period, the
employee's vacation time shall not be credited against the paid holiday. An employee
shall not lose his vacation with pay if incapacitated due to an injury or illness incurred
in the line of duty. The vacation time shall be reassigned upon return to duty.
3. Vacation time shall be credited and reported per pay period to indicate hours accrued,
less hours taken, reflecting net vacation hours available per pay period.
4. Vacation schedules shall be approved by the Department Head.
5. The maximum number of vacation days an employee may accrue is the unused days
accrued during the employee's previous two year period. Any employee, who
Chapter 9 – Page 13
voluntarily terminates, retires or dies while employed by the Village shall receive
payment equal to 100% of the unused days of vacation accrued during the two year
period prior to termination, retirement, or death. If employment is terminated by death,
the estate of the employee shall receive payment for the earned vacation time.
However, in the Village's sole discretion, payment may be made directly to the spouse,
or if no spouse, to the child(ren) over 18 years of age, or if no children, to the
employee's father or mother in accordance with Florida Statute 222.15, as amended
from time to time. Any employee who fails to complete his/her probationary period, is
terminated for cause, or fails to give appropriate notice of resignation, shall not receive
payment for earned vacation time. Exceptions may be made for employees unable to
provide full notice of resignation as recommended in writing by the Department Head
and approved by the Village Manager.
9.2.2 Personal Leave without Pay: The Village Manager may authorize Regular Employees in
regular full-time positions to be absent without pay for a period not to exceed one hundred eighty
(180) days.
A. Leave requests must first have the approval of the affected Department Head.
B. These types of leaves shall be for candidacy for elected office, voluntary military service,
education or training that will benefit the Village or other substantial reason.
C. Employment shall be automatically terminated at the end of approved leave if the
employee does not return to work.
D. Employees shall request such leaves in advance of the date so desired. The best interest
of the Village shall be the primary consideration in granting a personal leave without pay.
E. In no instances shall an employee be granted a p ersonal leave without pay if he/she can
use accumulated paid leave. Health insurance and/or other fringe benefits may be
continued at the employee's own expense during said unpaid leave.
F. During unpaid Personal Leave, employees do not continue to accrue seniority, vacation
leave, sick leave, or other benefits.
9.2.3 Holidays:
A. The following calendar days and such other days as the Village Council may designate
are deemed holidays with time off with full pay to all full-time employees in regular
positions. If the holiday falls on a Saturday, the previous Friday shall be designated as the
official holiday and if the holiday falls on a Sunday, the following Monday sha ll be
designated as the official holiday. All official holidays shall be considered to commence
at the beginning of the first shift on the day on which the holiday is observed and
continue for twenty-four (24) hours thereafter.
Holidays
New Year's Day
Martin Luther King Day
Presidents Day
Chapter 9 – Page 14
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve Day
Christmas Day
B. Regular full-time employees shall receive pay for official holidays at their normal rate of
pay; provided they are in pay status the last regular shift to which they would have been
assigned prior to the holiday and the first regular shift to which they would have been
assigned following the holiday.
9.2.4 Sick Leave:
A. The basic sick leave policy of the Village shall be to earn one (1) day of sick leave for
each month of employment.
B. All regular full-time employees are eligible to earn one (1) day of sick leave per month of
employment. All regular full-time employees who work less than a full month due to
separation during the month or leave of absence without pay shall not earn sick leave
credits for that month.
C. Employees taking sick leave shall be compensated at their straight time hourly rate of pay
for the time off work. Sick leave shall continue to accrue during periods of authorized
absence on which the employee is in active pay status. An employee may accrue an
unlimited number of sick days for uses in the event he or she is sick. However, an
employee terminated for cause shall not be entitled to receive accumulated sick leave
pay. Cause shall include theft, intoxication on the job, violence or threat of violence,
conviction of a felony, negligent, careless or intentional performance that results in
damage to property or individuals or the risk thereof, performance problems which are
determined to be due to skill deficiency rather than rule violations or neglect of duty, or
any cause for termination identified in any then applicable collective bargaining
agreement or the personnel policies as amended from time to time. Regular employees
shall receive, upon voluntary termination, retirement or death, while in the service of the
Village, a sick leave payment of fifty percent (50%) of the unused, accrued sick leave
days, not to exceed thirty (30) days total.
D. Uses of sick leave shall not be authorized prior to the time it is earned and credited to the
employee and shall only be used with the approval of the Department Head for the
following reasons:
1. Employee's personal illness.
2. Medical or health treatment which is necessary during working hours.
3. Quarantine due to exposure to contagious disease.
4. In connection with workers' compensation
5. Pregnancy and maternity of employee.
6. When required to personally attend to an immediate family member who is seriously
ill. For purposes of this provision, family member is defined as parent, child, sibling,
uncle, aunt, first cousin, nephew, niece, spouse, parent-in-law, son-in-law, daughter-
in-law, sibling-in-law, step-parent, step-child, step-sibling, half-sibling, grandchild or
Chapter 9 – Page 15
grandparent. Additionally, in the Village's sole discretion, the Department Head,
Human Resources Director, or the Village Manager may require medical certification
regarding the necessity for the employee's absence.
7. Any qualifying FMLA reason.
E. In situations where a foreseeable absence due to a qualifying sick leave reason arises, the
employee must provide no less than 30 days written notice to the Department Head or to
Human Resources. An employee who is unexpectedly incapacitated and unable to work
shall notify the Department Head no later than thirty (30) minutes after the scheduled
reporting time, or before the start of the scheduled shift for Public Safety employees,
giving reason for absence and expected period of absence. This procedure shall be
followed for each day the employee is unable to work unless prior approval is given by
the Department Head or for approved FMLA absences. The Department Head shall
determine to his/her satisfaction that an employee was actually too ill to work. Also, the
Department Head shall:
1. Investigate suspected abuse of sick leave privileges.
2. After three (3) consecutive workdays of absence, require a medical certification of
the employee's illness before authorization of any additional sick leave by the
employee. Additionally, a Department Head may require that an employee provide
a medical certification of the employee's illness where in the sole discretion of the
Department Head, Village Manager, or Human Resources it appears the employee
is abusing sick leave.
3. After three (3) consecutive workdays of absence, or where it appears the absence
is due to a reason qualifying for FMLA regardless of the length of the absence, the
Department Head must notify Human Resources that the employee may have an
absence giving rise to qualification under the FMLA policy. Human Resources
shall provide the employee with the FMLA Eligibility and Notice of Rights within
5 business days.
4. If a medical certification furnished by the employee is questionable, require the
employee to submit to a medical examination which shall be paid for by the
Village. Based on this medical examination, the Department Head shall:
a. not approve further use of sick leave if the employee is evaluated as fit
for work.
b. allow the employee to use accrued sick leave until all sick leave has
been used or until the employee is able to return to work (whichever
occurs first) if the employee is evaluated as unfit for work.
5. An employee who, upon the request by the Department Head, refuses to comply
with these rules shall not be eligible to use accrued sick leave.
6. Abuse of sick leave privileges or a false claim for sick leave shall be considered
sufficient cause for dismissal. Abuse of sick leave shall include, but not be limited
to, an employee taking sick leave as it is earned, establishing a pattern of taking
certain days off without any medical basis, or requesting sick leave after other
leave of absence requests have been denied. Abuse of sick leave may also be
demonstrated by an employee's failure to maintain an adequate sick leave balance,
as determined in the Village's sole discretion. The employee must ensure that
he/she has sufficient sick leave available before requesting or taking time off under
the sick leave policy. Additionally, a Department Head may require that an
employee provide a medical certification of the employee's illness where in the
sole discretion of the Department Head, Village Manager, or Human Resources it
appears the employee is abusing sick leave. The Village Manager may require
Chapter 9 – Page 16
review of any suspected abuse situation and take appropriate disciplinary action
should abuse be confirmed.
7. Should a holiday occur during an employee's sickness, the sick day shall be
charged as a holiday.
8. An employee who has less than six (6) months of service with the Village and
separates from the Village for any reason, shall forfeit all unused sick leave
credits.
9. Sick leave payment for deceased employees shall be remitted to the estate of the
deceased. However, in the Village's sole discretion, payment may be made directly
to the spouse, or if no spouse, to the child(ren) over 18 years of age, or if no
children, to the employee's father or mother in accordance with Florida Statute
222.15, as amended from time to time.
10. A sick leave pool may be established on a volunteer basis to allow non-
probationary, regular full-time employees who have used up all their sick leave,
compensatory and vacation leave due to FMLA eligible illness to draw, or use, up
to thirty (30) days sick pay subject to the recommendation of the respective
Department Head and the approval of Village Manager. The availability of "usable
days" in the pool is determined by the sick leave time donated by other employees.
11. Regular full-time (non-probationary) general employees who do not use any sick
leave within any continuous (6) six -month period are eligible to earn eight (8)
hours annual leave time as incentive for not using sick leave. Bargaining unit
employees shall receive sick leave incentives) in accordance with their respective
collective bargaining agreement, unless otherwise negotiated.
9.2.5 Bereavement Leave: Regular full-time employees are entitled to a maximum of three (3)
days of leave with pay for a death (or a critical illness in which death appears to be
imminent) in the family which is defined as: father, mother, son, daughter, brother, sister,
uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-
in-law, daughter-in-law, brother-in-law, sister-in-law, step-father, step-mother, step-son,
stepdaughter, step-brother, step-sister, half-brother, half-sister, grandchild or grandparent.
Any additional unpaid time which may be granted and charged to accrued and unused
vacation leave shall be at the discretion of the Village Manager.
9.2.6 Reserved.
9.2.7 Jury Duty and Other Legal Duties:
A. Employees who are summoned to jury duty by a court of competent jurisdiction
will be granted time off with pay. Any employee who is released from jury duty
and has more than half a normally scheduled workday remaining, shall report to
work as soon after release as possible.
B. Employees shall be granted leave with pay for appearance before a court,
legislative committee or other body as a witness in a proceeding involving the
federal government, State of Florida, or a political subdivision thereof in response
to a subpoena or direction by a proper authority if such attendance is in connection
with the employee's official duties. Such leave shall be approved by the Village
Manager.
Chapter 9 – Page 17
9.2.8 Meetings, Conferences, or Conventions: Regular full-time employees may attend
conferences, conventions, training programs or other meetings if such attendance is in
connection with the employee's official duties. In all cases the best interest of the Village
shall prevail in granting time off from work. The Department Heads shall approve the
time off and shall notify the Village Manager. The Village Manager may authorize travel
time and/or expenses necessary to attend such meetings. Probationary employees may be
sent for required certified training courses upon approval of the Department Head and the
Village Manager.
9.2.9 Military Leaves:
A. Annual Military Leave
1. All commissioned reserve officers or reserve enlisted personnel in the United
States military or naval service or members of the National Guard shall receive a
leave of absence without loss of vacation leave, pay, time or efficiency rating, on
all days during which they are engaged in training ordered under the provisions of
the United States military or naval training regulations when assigned to active or
inactive duty. In any one annual period, leaves of absence shall not exceed 240
working hours provided that leaves of absence for additional or longer periods of
time for assignment to duty functions of a military character shall be granted
without pay and without loss of time or efficiency rating.
2. Employees will notify their Department Head as soon as they are informed of
military service dates. If employees receive written drill schedules for a period of
time, they will send a copy of the schedule for all scheduled drill at one time.
Department Heads will not require employees to request a leave for each drill,
providing schedules remain unchanged. a. The employee shall be required to
submit a copy of orders or statement from the appropriate military commander as
evidence of such duty to the Department Head. The orders or statement must be
sent to the Village Manager at least ten (10) days in advance of scheduled date of
departure for proper approval for military leave of absence.
3. Employees must submit a copy of their military orders immediately upon receipt
of the orders. If an employee's military unit divides their two-week annual
training requirements into two or more time frames, this must be indicated with
an attached cover memo.
4. Employees will not be required to, but may choose to use their accrued annual
and holiday leave balance for military requirements once they have exhausted
their paid military leave.
B. Military Leave for Active Duty (Actual Theater of Operations)
1. US Army, Air Force, Navy, Marines, or Coast Guard members called to active
duty by order of the President of the United States to participate or support an
actual theater of operations (defined as the land, sea, or air area directly involved
in war operations) will be granted up to 30 calendar day paid military leave. The
30 days of paid leave will be for time spent on active duty, in addition to the
annual 240 hours of paid military training leave described above.
2. Employees called to active duty by order of the President of the United States will
give their Department Head as much information as possible, as soon as possible.
Employees will forward a copy of the operational order, through their Department
Head, to the Village Manager for review when the order is received.
Chapter 9 – Page 18
3. Air National Guard members activated by order of the Governor of Florida for
humanitarian or civil unrest will be entitled to 30 calendar days of paid military
leave, in addition to the annual 240 hours of paid military training leave described
above. Employees will forward a copy of the activation order, through their
Department Head, to the Village Manager for review when the order is received.
4. Employees seeking to invoke military leave shall provide advance notice to the
Village unless such notice is precluded by military necessity or otherwise
impossible or unreasonable as interpreted under applicable law.
5. Employees on military leave for periods of more than 30 days shall provide the
Village with such documentation that can be used to establish the employee's
basic eligibility for protection under the Uniformed Services Employment and
Reemployment Rights Act of 1994. If the employee is unable to provide
satisfactory documentation of military service in excess of 30 days, the Village
reserves the right to contact the military unit with assistance from the employee to
obtain such documentation.
6. Military health coverage will be activated as soon as members are called to active
duty by the President of the United States.
7. To receive the Village insurance benefits after military benefits cease, employees
must contact the Human Resources Director to request coverage during the
unpaid military-leave lag time between military coverage and returning to Village
employment.
C. Induction or Enlistment into Military Service: Any regular full time employee who
enlists or is inducted into the armed services for active duty, shall be granted a military
leave of absence without pay for the initial period of enlistment. All monies due the
employee (i.e., sick, vacation, holiday time, etc.) shall be paid at the time of his /her
leaving Village employment to enter active military service.
D. Health Insurance Benefits:
1. Employees have the right to elect continued health insurance coverage for
themselves and their dependents during periods of military service. For periods of
unpaid leave of up to 30 days of training or military service, the Village will require
employees to pay their share, if any, of the cost of the coverage.
2. For longer periods of unpaid leave, the Village will charge employees the entire
premium unless otherwise directed by the Village Manager.
E. Reinstatement from Military Service:
1. Upon termination from active military service, an employee who wishes to return to
Village employment shall be eligible for reinstatement or re-employment within
one year after date of separation from the military service pursuant to Chapter 295,
Florida Statutes. An employee requesting reinstatement with the Village shall
submit to a medical examination to establish the fact that he/she is physically and
mentally capable of performing the duties of his/her position.
2. An employee returning to Village employment in his/her position shall start at the
salary he/she would have received, including all adjustments, had he/she remained
continuously in the service of the Village instead of entering the armed services.
The period of military leave is not considered a break in employment.
3. If the position vacated by an employee who entered the military service is
reclassified or re-titled during his/her period of military service, such employee
shall be entitled to be reinstated in the new or revised position, unless the employee
is not capable of satisfactorily performing the duties of the position. If the former
Chapter 9 – Page 19
position has been abolished or if he/she is incapable of satisfactorily performing the
duties, the employee shall be entitled to reinstatement in a position as nearly
comparable as possible in salary and duties to the position he/she vacated,
providing vacancies exist.
9.3 Sick Leave Reimbursement:
9.3.1 Purpose: The purpose of the annual sick leave reimbursement policy is to establish guidelines
and criteria by which, eligible employees may submit to the Village a reimbursement request for
certain levels of unused sick leave.
9.3.2 Criteria:
A. This policy is applicable only to those employees not covered by a collective
bargaining agreement.
B. In accordance with Section 9.2.4 "Sick Leave", an employee can earn one (1) day of
sick leave for each month of employment. This is referred to as sick leave credits. In
the defining and implementation of this policy, all remaining aspects of Section 9.2.4
remain in effect and take priority over this reimbursement policy.
C. When an employee accumulates four (4) years worth of sick leave credits (i.e. 48
days), they will have achieved the minimum threshold base making the m eligible for
reimbursement.
D. Once the employee has reached the base, all hours accumulated above the base are
eligible for reimbursement by the Village.
E. Reimbursement by the Village will be on a 50% basis whereby for every sick day
credit above the base held by the employee the Village will reimburse one -half of that
credit based on the employee's hourly wage rate.
F. The reimbursement will be strictly voluntary at the request of the employee. The
employee can only submit a request once per year during the month of May. The
Village will be obligated to reimburse the employee for its sick leave credit request no
later than November 30 of each year. Where an employee is separated from
employment for any reason after the reimbursement request has been made, but prior
to payment of the reimbursement, any payout to the employee shall be payable in
accordance with Section 9.3.2 H and not based on the unpaid reimbursement request.
G. Once the employee has received reimbursement for the credit above the base, the
employee no longer possesses those sick leave credits, but loses them due to the
reimbursement of the credit. The base is not applicable to an employee contributing to
a sick leave pool as delineated in Section 9.2.4 E(10) If the employee contributes sick
leave days to a pool, or uses sick leave days for illness and their overall total
days/hours of sick leave drop below the base, they simply have to earn sick leave
credits back until they meet the base to be eligible for reimbursement.
H. In the event an employee retires, dies, or voluntarily terminates from the employment
of the Village, the employee shall receive payment for unused sick leave time equal to
Chapter 9 – Page 20
fifty percent (50%) of the unused accrued sick leave time, up to a maximum cap of
thirty (30) days. Payment for deceased employees shall be remitted to the estate of the
deceased. However, in the Village's sole discretion, payment may be made directly to
the spouse, or if no spouse, to the child(ren) over 18 years of age, or if no children, to
the employee's father or mother in accordance with Florida Statute 222.15, as
amended from time to time.
9.3.3 Application:
A. The Finance Director will be responsible for establishing a reimbursement form and
accounting for the base and other data necessary to financially administer this program in
accordance with applicable wage and hour laws.
B. The employee will be required to sign a certificate/affidavit confirming that the
reimbursement for the sick leave credits is final and will not be subject to the grievance
process.
9.4 Unused Vacation Reimbursement:
9.4.1 Purpose: The purpose of the annual vacation leave reimbursement program is to establish
guidelines and criteria by which eligible employees may submit to the Village a reimbursement
request for certain levels of unused vacation.
9.4.2 Criteria:
A. This policy is applicable only to those employees not covered by a collective bargaining
agreement.
B. In accordance with Section 9.2.1 B, regular full-time employees can earn up to a certain
number of days based on their length of service with the Village for purposes of vacation.
In accordance with Section 9.2.1 B(5), the employee cannot accrue more than two years
worth of vacation time.
C. When an employee uses ten (10) days of vacation time (i.e. 80 hours) in the same year
for which he requests reimbursement, he will have achieved the minimum threshold base
for the reimbursement program.
D. Once the employee has reached the minimum threshold base, the employee will be
eligible for reimbursement by the Village of any unused vacation days.
E. Reimbursement by the Village will be on a 100% (dollar for dollar basis) whereby for
every unused vacation day above the ten days (80 hours), the employee will be
reimbursed at his current hourly rate for each hour/day of unused vacation time.
F. The reimbursement will be voluntary at the written request of the employee. The
employee can only submit a written request during the month of October, immediately
following the fiscal year for which his request is made. The Village will be obligated to
reimburse the employee for his annual vacation leave reimbursement request no later
than the November 30 following the fiscal year for which his request is made. Where an
employee voluntarily terminates, retires or dies after the reimbursement request has been
made, but prior to payment of the reimbursement, any payout to the employee shall be
Chapter 9 – Page 21
payable in accordance with Section 9.2.1 B(5) and not based on the unpaid
reimbursement request. Employees who are involuntarily terminated after the
reimbursement request has been made, but prior to payment of the reimbursement, shall
not be paid the reimbursement and are not eligible for payment under Section 9.2.1 B(5).
G. Once the employee has received reimbursement for the unused vacation time above the
minimum threshold base, the employee no longer possesses those unused vacation days
but loses them due to the reimbursement. Any time an employee's overall total
days/hours of vacation time drops below the minimum threshold base, they become
ineligible for reimbursement until such time as their minimum threshold base has been
achieved.
H. The Finance Director will be responsible for establishing a reimbursement form and
accounting for the base vacation days and other data necessary to financially administer
this program.
I. The employee will be required to sign a certification/affidavit confirming that the
reimbursement for the annual vacation leave days/hours is final and will not be subject to
the grievance process.
J. The employee will be reimbursed at the hourly rate earned as of September 30 for the
fiscal year for which application was made.
APPROVED
Ed Green
Village Manager
Chapter 10 – Page 1
Village of North Palm Beach
Number: 09-01
Subject: Village Safety
Policy
Date: May 26, 2009
Revised: Village Policy
Manual Section 10.0
POLICY AND PROCEDURES MANUAL REVISION
10.0 SAFETY POLICY
10.1 Purpose:
A. State and federal laws, as well as the Village of North Palm Beach’s policy, make the
safety and health of our employees its top priority. Safety and health considerations must
be a part of every operation, and every employee's responsibility at all levels. It is the
intent of Village of North Palm Beach to comply with all laws concerning the operation
of Village functions and the health and safety of our employees and the public.
B. The safety program is organized in a committee system. The Village Manager shall
appoint one appropriate individual to serve as Safety Coordinator over all safety efforts.
The Safety Coordinator, however, is not responsible for line functions that are normally
the responsibility of Department Heads. It is expected that Department Heads will
complement the efforts of the Safety Coordinator assuring realistic efforts will be taken
to reduce accidents, injuries and liability losses and to provide for the safety of the
public. These efforts should be continuous and equal in importance to all other
operational considerations.
C. It is the objective of the Village of North Palm Beach to promote and operate a safety and
health program that will reduce the number of injuries and illnesses to an absolute
minimum, not merely in keeping with, but surpassing the best experience of similar
operations by others. Our goal is to always strive to have zero accidents and injuries
reported.
10.2 Policy:
A. The Village of North Palm Beach is committed to providing employees with a safe and
healthful workplace. It is the policy of this organization that employees report unsafe
conditions and not perform work tasks if the work is considered unsafe. Employees must
report all accidents, injuries, and unsafe conditions to their supervisors in writing. Failure
to report an unsafe condition shall result in disciplinary action.
B. Employee recommendations to improve safety and health conditions will be considered
by the Safety Committee. Recommendations for safety improvements from the Safety
Committee will be given top priority, as the correction of unsafe conditions is essential in
maintaining a healthy work environment.
Chapter 10 – Page 2
C. Any employee who willfully or repeatedly violates workplace safety rules shall be
subject to disciplinary action. This action may include verbal or written reprimands and
may ultimately result in termination of employment.
D. The primary responsibility for the coordination, implementation, and maintenance of our
workplace safety program has been assigned to Village Safety Coordinator:
Name: Mary Kay McGann Telephone: (561) 841-3358
Title: Human Resources Director Email: marykay@village-npb.org
E. Employees must notify their direct supervisor in writing of any unsafe conditions.
Supervisors will be actively involved with employees in establishing and maintaining an
effective Safety Program. Our Safety Committee, the Village Manager, or other members
of our management team will participate with employees in ongoing safety and health
program activities, which include:
1. Providing safety and health education and training; and
2. Reviewing and updating workplace safety policies and procedures.
F. This policy statement serves to express management's commitment to and involvement in
providing our employees a safe and healthful workplace. This workplace safety program
will be incorporated as the standard of practice for this organization. Compliance with the
safety rules will be required of all employees as a condition of employment.
10.3 Responsibilities:
A. Department Head: The department head shall be primarily responsible for the safe
operation of his or her department. The department head has regular contact with both
first line supervisors and employees in general. The department head must ensure the
safety of each employee and the efficient operation of the departmental functions.
B. First Line Supervisor:
1. The first line supervisor has the primary responsibility for the implementation
of definite safety policies established by the Village’s management.
2. See that the employee receives appropriate care as rapidly as possible.
3. Notify HR Department immediately that an injury occurred.
4. Complete an Employee Injury Field Report and Accident Investigation Report
immediately or as soon as possible following completion of Steps 2 and 3.
Report forms are available in Human Resources.
5. Route the completed Employee Injury Field Report and Accident
Investigation Report forms to the Safety Coordinator (HR Department) within
twenty-four (24) hours of the accident (or at the start of the next business day
if the accident occurs over a weekend or holiday).
6. Ensure that corrective measures are taken to prevent a recurrence of the
accident/injury.
C. Employees: Employees are expected to follow all safety procedures. This cooperation
is needed to ensure the protection of all employees, Village equipment, Village
buildings, and the general public. Employees are encouraged to detect and report to
supervisors, any hazardous conditions, practices, and behaviors, and to make
suggestions for their correction in writing. Should an injury occur the employee
should:
1. Take immediate appropriate action to care for the injury, any injury.
Chapter 10 – Page 3
2. Advise your supervisor immediately of any injury.
3. If medical attention by a physician is required, you must provide a signed
release form from the physician prior to reporting back to work.
4. The release to return to duty form should be forwarded to the HR Department.
5. It is your responsibility to keep your supervisor aware of pending follow-up
doctor visits/treatments and the progress of your recovery.
D. If you are injured on the job, take the following actions:
1. If it IS a life threatening emergency, dial 911.
2. If it IS NOT a life threatening emergency, report the injury to your
supervisor.
3. In either situation, call 24 hours a day, 365 day a year 1-877-676-3890:
a) To report the injury
b) To receive first aid information
c) To receive authorization for treatment
4. For injuries sustained during normal business hours, seek care at
CONCENTRA, 4455 Medical Center Way, West Palm Beach, Fl 33407,
Phone: 561-881-0066, FAX: 561-881-5533
5. For after-hours and emergency care, an approved 24-hour–a-day provider is:
PALM BEACH GARDENS MEDICAL CENTER, 3360 Burns Road, Palm
Beach Gardens, FL 33410, Phone: 561-622-1411, FAX: 561-694-7236
10.4 Safety Committee:
A. Safety Committee Organization: A safety committee has been established to recommend
improvements to our Safety Program and to identify corrective measures needed to eliminate
or control recognized safety and health hazards. The safety committee consists of the Safety
Coordinator; at least one (1) representative appointed by the Department Head from each of
the following departments:
1. Parks and Recreation
2. Public Safety, and
3. Public Works;
and up to two (2) alternates from the remaining departments:
4. Community Development
5. Country Club
6. Finance
7. Library, and
8. Village Clerk
as recommended by the Safety Coordinator and approved by the Village
Manager.
B. Responsibilities:
1. The Safety Committee shall determine the schedule for evaluating the
effectiveness of control measures used to protect employees from safety
and health hazards in the workplace.
2. The Safety Committee will be responsible for reviewing and updating
workplace safety policies and procedures based on accident investigation
findings, any inspection findings, employee reports of unsafe conditions
or work practices, and accepting and addressing complaints and
suggestions from employees.
3. The Safety Committee will be responsible for assisting management in
updating the workplace safety program by evaluating employee injury and
Chapter 10 – Page 4
accident records, identifying trends and patterns, and formulating
corrective measures to prevent recurrence.
4. The Safety Committee will be responsible for assisting management in
evaluating employee accident and illness prevention programs, and
promoting safety and health awareness and coworker participation through
continuous improvements to the Safety Program.
C. Communication: Within five (5) working days after each Safety Committee meeting, the
Safety Coordinator shall communicate to the Village Manager in writing those issues
determined by the Safety Committee to need further action. (A sample memo is located at the
end of this document).
D. Meetings: Safety Committee meetings shall be held at least quarterly. Meetings may be
called as needed at the discretion of the Safety Coordinator. The Safety Coordinator will
distribute the minutes of each meeting within one (1) week after the meeting.
E. Response: The Village Manager’s response to any recommendation of the Safety Committee
will be routed to the appropriate Department Head(s) for response/action. The Department
Head shall note his/her actions taken and route the form to the Safety Coordinator for the
appropriate record-keeping.
10.5 Safety and Health Training:
A. Safety and Health Orientation: Workplace safety and health orientation begins on the first
day of initial employment or job transfer.
1. Upon initial employment or job transfer, employees are required to acknowledge
by signature that they have received a copy of this policy and are bound by its
contents as a condition of employment.
2. Each employee has access to a copy of this policy through his or her supervisor,
for review and future reference.
3. A personal copy of the safety policies and procedures pertaining to his or her job
will be provided if requested. Supervisors will make themselves available to
answer questions of employees and ensure knowledge and understanding of
safety policies and job specific procedures described in this policy.
4. Supervisors will inform all employees that compliance with the safety policies
and procedures described in this policy is required for continued employment
with the Village.
B. Job-Specific Training:
1. Supervisors will carefully review with each employee the specific safety policies
and procedures that are applicable and that are described in this Policy.
2. Supervisors will give employees verbal instructions and specific directions on
how to perform the work safely.
3. Supervisors will observe employees performing the work. If necessary, the
supervisor will provide a demonstration using safe work practices, or remedial
instruction to correct training deficiencies before an employee is permitted to do
the work without supervision.
4. All employees will receive safe operating instructions on seldom-used or new
equipment before using the equipment.
5. Supervisors will review safe work practices with employees before permitting the
performance of new, non-routine, or specialized procedures.
Chapter 10 – Page 5
C. Periodic Retraining of Employees: All employees will be retrained periodically on safety
policies and procedures and when changes are made to the workplace safety manual.
Individual employees will be retrained after the occurrence of a work-related injury caused
by an unsafe act or work practice and when a supervisor observes an employee displaying
unsafe acts, practices, or behaviors.
10.6 Procedures:
10.6.1 First-Aid Procedures:
A. Emergency Phone Numbers:
Police / Fire / Rescue 911 Emergency
(561) 848-2525 Non-emergency
Poison Control 1-800-222-1222 (national toll-free #) or
(561) 650-6333 (local center)
Safety Coordinator (561) 841-3358
HR Department (561) 882-1155
B. Minor First-Aid Treatment: First-aid kits are kept in every Village facility building (see your
supervisor for specific locations) and in every Village vehicle and vessel. If you sustain an
injury or are involved in an accident requiring minor first-aid treatment:
1. Inform your supervisor.
2. Administer first-aid treatment to the injury or wound.
3. Access to a first-aid kit is not intended to be a substitute for medical
attention.
4. Provide details for the completion of the Employee Injury Field Report.
C. Non-Emergency Medical Treatment: For non-emergency work-related injuries requiring
professional medical assistance, management must first authorize treatment. If you sustain an
injury requiring treatment other than first-aid:
1. Inform your supervisor immediately.
2. Proceed to the medical facility designated by the Village. Your supervisor
will arrange transportation if necessary.
3. Provide details for the completion of the Employee Injury Field Report
and Accident Investigation Report.
D. Emergency Medical Treatment: If you sustain a severe injury requiring emergency treatment:
1. Call for help (911-Fire Rescue) and seek assistance from a co-worker.
2. Use the emergency telephone numbers and instructions posted in your
work area or in section 10.3 D above to request assistance and
transportation to the local hospital emergency room.
3. Provide details for the completion of the Employee Injury Field Report
and Accident Investigation Report.
E. First-Aid and CPR Training: Each employee will receive training and instructions on first-aid
procedures. Re-certification is required periodically.
Chapter 10 – Page 6
F. First-Aid Instructions: In all cases requiring emergency medical treatment, i mmediately call,
or have a co-worker call, to request emergency medical assistance.
1. Wounds:
a. Minor: (cuts, lacerations, abrasions, or punctures) Wash the wound
using soap and water; rinse it well. Cover the wound using clean
dressing.
b. Major: (large, deep and bleeding) Stop the bleeding by pressing
directly on the wound, using a bandage or cloth. Keep pressure on the
wound until medical help arrives.
2. Broken Bones: Do not move the victim unless it is absolutely necessary. If
the victim must be moved, “splint” the injured area. Use a board,
cardboard, or rolled newspaper as a splint.
3. Burns:
a. Thermal: (Heat) Rinse the burned area without scrubbing it, and
immerse it in cold water for a maximum of one (1) minute; do not use
ice water. Blot the area dry and cover it using sterile gauze or a clean
cloth.
b. Chemical: If the chemical is a dry substance, brush the chemical from
skin surface prior to flushing; flush the exposed area with cool water
for 15 to 20 minutes.
4. Eye Injury:
a. Small particles: Do not rub eyes. Use the corner of a soft clean cloth to
draw particles out or hold eyelids open and flush the eyes continuously
with water using an eye wash station.
b. Large or stuck particles: If a particle is stuck in the eye, do not attempt
to remove it. Cover both eyes with bandage.
c. Chemical: Immediately irrigate the eyes and under the eyelids with
water for 30 minutes.
5. Neck and Spine Injury: If the victim appears to have injured his or her
neck or spine or is unable to move his or her arm or leg, do not attempt to
move the victim unless it is absolutely necessary.
6. Heat Exhaustion: Loosen the victim's tight clothing. Give the victim sips
of cool water. Make the victim lie down in a cooler place with the feet
raised.
10.6.2 Accident Investigation Procedures:
Revised November 6, 2012
See Section 10 – Page 20
Chapter 10 – Page 7
10.6.3 Record-Keeping Procedures:
The Safety Coordinator will control and maintain all employee accident/injury records and
Safety Committee records. All safety-related records are to be maintained as appropriate under
Florida Statutes and include:
A. Safety committee agendas, minutes, and correspondence
B. Supervisor’s Accident Investigation Reports and supplements
C. Workers' Compensation Notice of Injury Reports DWC 1, and
D. Bi-Weekly Log of Work-Related Injuries and Illnesses.
10.7 Work Place Safety Policy and Procedures:
The safety policies and procedures contained on these pages have been prepared to protect you
in your daily work. Employees are to follow these rules, review them often and use good
common sense in carrying out assigned duties.
10.7.1 Office Safety:
A. Keep an eye open for loose or rough floor covering and report it to your supervisor.
B. Exercise caution when approaching a door that can be pushed open towards you.
C. Gently push doors open and slow down when coming to a blind corner.
D. Walking hastily between desks will result in bruises and falls. Slow down and pay attention
to your movements.
E. Electrical cords should not be placed near foot traffic; however, if this is necessary, an
approved cord cover must be utilized to minimize tripping hazards.
F. All file, desk, and table drawers shall be kept closed when not in use. Close drawers
immediately after each use. Never open more than one file drawer at a time.
G. Overloading the top drawer of unsecured file cabinets is dangerous. If unfamiliar with the
file cabinet, test the drawers and be careful not to pull them out too far if there is no locking
device on them.
H. Furniture such as tables, desks, and chairs must be maintained in good condition and free of
sharp corners, projected edges, wobbly legs, etc. Notify your supervisor immediately of any
deficiencies.
I. It is a hazard to tilt chairs or use them improperly. Avoid using chairs as a stepping stool as
they may fall over. Be sure the chair is behind you before you sit down.
J. Never use chairs, desks, or other furniture as a makeshift ladder. Always use a step ladder or
safety step stool.
K. Message spindles should not be used unless a suitable blunt cover protects the point and/or
the point is bent at a horizontal angle.
L. Keep the blades of paper cutters closed when not in use. Keep fingers and hands clear of
blades when operating the paper cutter.
M. Pencils are safest when carried point down in pockets.
N. Scissors, paper cutters, glass, and razor blades can cause painful injuries. Report such
accidents at once to your supervisor and protect yourself from infection.
O. Keep paper clips, thumbtacks, and pins in a secure place so as not to cause any unnecessary
wounds. Keep razor blades covered. Even a little scratch can get infected.
Chapter 10 – Page 8
P. Be sure equipment is grounded and that the cord is in good condition. If a machine gives you
a shock or starts smoking, UNPLUG IT, and immediately report it to your supervisor.
10.7.2 Computers:
A. In order to prevent repetitive eyestrain injuries make sure your monitor is directly in front of
you, with the top of the screen at eye level.
B. Make sure your keyboard and mouse are low enough to allow you to relax your shoulders.
C. Never rest your wrists on the desk, wrist pad or armrests while you are typing or us ing a mouse
to avoid strain on your wrist.
D. To avoid eyestrain or computer vision syndrome, experts advise that you take a 1 -minute break
every half-hour when working on a computer. During the break, you should look away from the
computer and focus on an object that is 15 feet or more away.
10.7.3 Housekeeping:
A. All work areas and storage facilities must be kept clean, neat and orderly. All aisles,
stairways, passageways, exits, and access ways to buildings shall be kept free from
obstructions at all times. All grease and water spills shall be removed from traffic areas at
once.
B. Do not place supplies on top of lockers, hampers, boxes or other moveable containers at a
height where they are not visible from the floor. Store heavy items below shoulder level.
C. When piling materials for storage, make sure the base is firm and level. Cross tie each layer.
Keep piles level and not stacked too high. Keep isles clean and with adequate space to work
in them.
D. When storing materials suspended from racks or hooks, secure them from falling. Route any
walk ways a safe distance from beneath the suspended materials.
E. When storing materials overhead on balconies, provide adequate toe boards to prevent
objects from rolling over the edge.
F. Tools, equipment, machinery, and work areas are to be maintained in a clean and safe
manner. Defects and unsafe conditions shall be reported to your supervisor immediately.
G. Return tools and equipment to their proper storage place when not in use.
H. Lay out extension cords, air hoses, water hoses, ladders, pipes, tools, etc. in such a way as to
minimize tripping hazards or obstruction to traffic.
I. Clean up spills immediately to avoid slipping hazards. In the event the removal cannot be
done immediately, the area must be appropriately guarded, signed, or roped off.
J. Nail points and tie wires must not be left exposed when packing and unpacking boxes, crates,
and other storage packages. Nails are to be removed as soon as lumber is disassembled.
K. Sharp or pointed objects should be stored as to prevent persons from coming in contact with
the sharp edges or points. Place sharp objects into a sealed, labeled, sturdy container (i.e.
cardboard box) prior to disposal.
L. All packing materials should be properly disposed of to prevent fires.
M. Wastebaskets are to be emptied into approved containers.
N. Oil and greasy rags shall be put into a designated metal container for that purpose.
O. Adequate lighting in obscure areas shall be secured for the protection of both employees and
public. Notify your supervisor of areas with inadequate lighting.
Chapter 10 – Page 9
10.7.4 Fire Prevention:
A. Fire equipment shall be prominently displayed, labeled for usage and kept clear for easy
access at all times.
B. All employees should know the location and type of fire extinguishers and how to u se them.
After using an extinguisher, report its use immediately to your supervisor and or the facility
engineer, so a replacement may be obtained or the extinguisher recharged.
C. Different types of fires require different types of extinguishers. The following describes
extinguisher ratings and how they should be used:
1. "A" rating - fires involving wood, rubber, paper, cloth and plastics
2. "B" rating - fires involving flammable liquids, gases and greases such as
motor oil, paint thinner, gasoline, propane or natural gas.
3. "C" rating - fires involving live electrical equipment; prevents possible
severe electrical shock.
4. "D" rating - fires involving metals such as sodium and magnesium.
D. Oily rags and other flammable wastes shall be kept in covered, metal containers. Such debris
shall be removed as soon as possible and, in no case, shall be left unattended in a building
overnight.
E. Cleaning solvents that have flammable properties shall be kept in approved safety containers.
Each container shall be labeled as to its contents. Use of gasoline is prohibited for cleaning
floors or any parts of buildings.
F. Gasoline used in small quantities in shops for fueling engines under repairs, being tested or
adjusted, shall be handled and dispersed in the smaller (one gallon) approved metal safety
containers. Containers must be labeled as to their contents.
G. The fueling of any type of motorized equipment while the engine is running is prohibited.
When transferring flammable liquids, make sure the filler nozzle touches the equipment or
can be filled in order to guard against the build-up of static electrical charge.
H. Never fill a tank to its full capacity to allow room for expansion of the liquid.
I. No artificial light, except UL approved flashlights will be used near escaping gasoline or
other flammable vapors, or when entering an enclosure suspected of containing gas.
J. Exits shall not be locked (chained or otherwise) from the inside.
K. All City vehicles shall have a 2A513C, 2-1/2 lb. fire extinguisher securely mounted in a
convenient location.
L. All fire extinguishers must be inspected and certified annually by an extinguisher company
licensed by the State of Florida. Each department shall have a designated person to inspect
fire extinguishers on a monthly basis. Discrepancies shall be reported to the supervisor who
shall be responsible for obtaining a replacement unit.
10.7.5 Material Handling: Accidents can be avoided by taking time to plan ahead, using mechanical
equipment whenever possible, and thinking about the proper way to do the task and the proper
tools to use while performing it.
4-STEP MANUAL LIFTING PROCESS
STEP I – Getting Ready
Size up the load. If it is too heavy or bulky, play it safe - get help.
Check the load over and remove any protruding materials such as nails, splinters, sharp
edges, or anything that could cause you to lose your grip such as oil or grease.
Wear gloves if surface is rough.
Be sure the path you take is clear from any obstacles.
Chapter 10 – Page 10
STEP 2 – Picking it up
Ensure firm footing and balance, and try to stand with feet about shoulder width
apart, grip load firmly.
If load is below waist, bend knees to get into position, keep your back straight,
stomach muscles tight and lift slowly with your legs.
Lift object or load close to the body.
STEP 3 – Carrying it carefully
Be sure you can see where you are going; turn your body in the direction of your feet.
Use extra care in tight places as not to smash hands and fingers.
STEP 4 – Putting it down
If receiving surface is about waist high, use the surface edge to take part of the load, and
then push it forward.
If you must lower the load to the floor or ground, bend your knees, keep back straight,
stomach muscles tight, and again use your legs.
Employees who are issued a back belt should be sure to use it properly. Your supervisor will
provide initial training at time of issuance and periodic retraining when necessary.
10.7.6 Personal Protective Equipment (PPE): The variety of work operations performed by
municipal employees involves potential industrial hazards. The tasks performed range from custodial
services to heavy construction activities. Care should be taken by each employee to protect themselves
and others from injury by following these general rules:
A. Clothing:
1. The wearing of loose, flowing, or ragged clothing on or near moving machinery
or equipment is prohibited (i.e. long sleeves, shirt tails, etc.)
2. To avoid injuries, footwear should be in good condition. Wear appropriate
footwear required for the work being done. If you have any doubts about the
appropriate type of footwear necessary ask your supervisor.
3. Hair should be pulled back and secured on the head, so as not to get in the way,
especially around moving equipment.
4. Gas and oil soaked clothes are a serious hazard. Keep clothes oil free.
5. Safety vests shall be worn at all times when working on the right -of-way,
roadways, and areas of reduced visibility.
B. Head Protection: Hard hats shall be worn in the following situations:
1. All personnel working on a site involving construction.
2. All personnel working with high voltage electrical equipment.
3. All personnel engaged in tree trimming or cutting operations.
4. All personnel engaged in inspections or supervision of the above activities.
5. Supervisors may designate additional areas where hardhat usage is required, as
the need arises.
C. Face and Eye Protection: Hazards involving the possibility of injuries to the face and
eyes exist with both indoor and outdoor tasks. They range from dust, particles of steel,
concrete, sand, and splashes from corrosives and liquid chemicals. Safety glasses,
goggles, or face shields made of plastic or glass offer a vital protection when used
properly. Dirty or scratched lenses may provide another hazard from reduced visibility
and should be cleaned or replaced immediately.
Chapter 10 – Page 11
D. All Village employees are expected to follow the below safety procedures regarding
face and eye protection:
1. Safety goggles or safety glasses should be worn when:
a. Grinding, cutting, milling, or drilling with power tools.
b. Using impact wrenches, compressed air tools and pressure washers.
c. Chipping, scraping, or scaling paint, rust, carbon, or other materials.
d. Using punches, chisels, or other impact tools.
e. Cutting or breaking glass.
f. Chipping or breaking concrete.
g. Soldering.
h. Cleaning dirt from vehicles, machinery, etc.
i. Sand blasting or air cleaning operations.
j. Using power woodworking machinery, both fixed and portable.
k. Tree trimming, brush cutting or stump removal.
l. Using any lawn mowing equipment (mowers, blowers, edger’s, etc). A full
plastic face shield shall be worn when handling acids, caustics, and other
harmful dusts, liquids, or gases.
2. A proper face shield with lens or welders' lens shall be worn at all times during
metal cutting and welding operations. Warning signs shall be posted to warn
others prior to any welding operations. Additionally, welding screens shall be
used if available.
3. A face shield should always be used with other eye protection such as goggles or
glasses.
E. Finger, Palm and Hand Protection:
1. Do not wear rings, metal, bracelets, and other jewelry when working around
machinery. Jewelry increases the danger of electrical shock and can cause fingers
or hands to be badly injured.
2. Gloves should be worn when handling hot, cold, abrasive, caustic, infectious, or
any other hard to handle materials. Several types of gloves are available to
employees; be sure to choose gloves appropriate for the task at hand.
3. Any allergic reactions or rashes thought to have been caused by gloves shall be
reported at once.
F. Hand Tools: All employees are required to follow the safety procedures detailed below:
1. Employees that are inexperienced in the use of a hand or power tool shall not use
the tool unless properly trained and supervised.
2. Select the right tool for the job.
3. Sharpen and carry all cutting tools with the sharp edge down.
4. Check the handles of all tools for tightness and splinters prior to use.
5. Check the head of each tool, such as hammers, chisels, punches, etc. If the tool
needs to be dressed, repair it prior to use or do not use it.
6. Wear shatterproof glasses or goggles when using chisels, punches, and wedges.
7. Use only properly insulated tools when working around electrical circuits or
equipment.
8. Avoid using metal measuring tapes, fabric containing woven metal strands, rope
with wire cord, or other tools and equipment that have conductive properties
while around energized electrical circuits or equipment.
9. Return all tools to their proper place.
Chapter 10 – Page 12
G. Power Tools and Equipment: Potential serious injuries can occur from the operation of
both portable and stationary power tools. All employees who use power tools or
equipment must first be trained and display adequate knowledge of safety operating
procedures.
General Safety Rules
o All power tools should be visibly inspected for damage, prior to each use (i.e.
cords, housings, blades, etc,).
o Make sure all machine guards are in proper place prior to operation.
o Install or repair equipment only if you are qualified. Unplug equipment prior
to repairing or making adjustments.
o Be sure equipment is properly grounded. Check all ground connections
regularly for tightness.
o Wear all proper protective equipment required for the job. o Unplug power
cords by pulling on the plug, not the cord. o Work area should be clean, well
lit, and dry.
o Do not carry tools by the cord.
Always be aware of your surroundings. Stay alert and safe!
1. Portable Power Tools:
a. Saws:
1) Do not use dull or loose blades.
2) Do not overload the motor by pushing too hard or cutting material
that is too heavy.
3) Before cutting, inspect the material to be cut for nails or foreign
objects.
4) Be sure you have firm footing and balance.
b. Drills:
1) Select the correct drill bit for job and be sure that it is sharp.
2) Make sure the material being drilled is secured or clamped firmly.
3) Hold the drill firmly and at the correct angle. Don’t force with all
your strength.
4) Always remove the bit from the drill when work is complete.
c. Routers:
1) Never start the router when the cutting edge of the bit is in contact
with the work.
2) Hold the router firmly, especially when starting.
3) When the cut is complete, turn off the motor. Do not lift the
machine from the work until the motor has come to a complete
stop.
4) Always keep router base flat on work surface.
d. Grinding Wheels:
1) Before use, make sure that wheels are firmly held on spindles and
work rests are tight.
2) Stand to one side while starting motor, until operating speed is
reached. This prevents injury if a defective wheel breaks apart.
3) Use light pressure when you start grinding, too much on a cold
wheel may cause failure.
e. Portable Sanders:
1) Arrange cord so that it will not be damaged by the abrasive
belt.
Chapter 10 – Page 13
2) Keep both hands on the tool to ensure good control.
3) Hold onto sander when you plug it in.
4) Clean dust and debris from motor and lubricate regularly.
2. Stationary Power Tools
a. Table Saw:
1) Never reach over the saw to push stock that has been sawed.
2) Stand slightly to one side, never in line with the saw.
3) To avoid 'kickback' (the greatest hazard of running a table saw):
Never use a dull blade.
Do not cut 'freehand" or attempt to rip badly warped wood.
Use splinter guard.
Do not drop wood on an unguarded saw.
b. Radial-Arm Saw:
1) The saw and motor should always be returned to the rear of the table
against the column after a cut is made.
2) If the motor slows while cutting, it means it is overloaded. It can also
mean low voltage; bad blades or the material is being fed too fast.
3) Keep machine in good alignment and adjustment to prevent excessive
vibration.
c. Jig Saw:
1) Be sure blade is secured tightly.
2) Handle material being cut with both hands and keep fingers away
from blade.
3) When making curved cuts, do not push stock into blade. Turn stock
on the table until curve has been cut.
d. Compressed Air:
1) The use of compressed air for cleaning purposes is prohibited.
2) Eye protection is required.
3) Be sure that the discharge end of air hose is securely fastened prior to
turning compressed air into the hose.
4) Always maintain a secure hold on any air-powered tool to prevent
injury to the operator or anyone nearby.
3. Grounds Maintenance Equipment
a. Mowers:
1) Wear employer prescribed Personal Protective Equipment (PPE),
such as eye/face protection, gloves, and hearing protection during
mowing operations.
2) Make sure all equipment is in good operating condition prior to use.
3) No mowing equipment will be left unattended with the motor
running.
4) Visually inspect the area to be mowed. Remove or allow around
hazards.
5) If a cutting unit strikes a solid object or vibrates abnormally, stop
immediately, turn off the engine, wait for all motion to stop and
inspect for damage. Raise the cutting decks when driving from one
area to another.
6) Do not run the engine in a confined area without adequate ventilation.
7) Bystanders should be warned by the operator of the danger of flying
objects. Do not direct discharge towards bystanders.
8) Become familiar with the controls and know how to stop the engine
quickly.
Chapter 10 – Page 14
9) Keep all safety devices and decals in place, replace as needed.
10) Operator must keep feet and hands away from the undercarriage of
the mower.
11) Check safety switches daily.
12) No mowing equipment shall be operated without the manufactured
safety guards in place.
13) Do not touch engine, muffler, or exhaust pipe while engine is
running.
14) Never refuel with engine running.
15) Use only approved gasoline containers.
16) Do not smoke while handling gasoline.
17) Do not use mowers in rainy weather.
b. Chain Saws:
1) When transporting a chain saw in a vehicle, keep the chain and the
bar covered with a guard. Secure the chain saw to prevent fuel
spillage and damage.
2) When transporting a chain saw by hand, stop the engine, grip the saw
handle, place the muffler at the side away from your body and
position the guide bar to the rear.
3) Always start a chain saw with a 10-inch or larger bar on the ground.
4) Do not place a chain saw on your knee when starting it.
5) Always use both hands to maintain control of the chain saw using
only those grip locations specified by the manufacturer.
6) When moving from tree to tree or cut to cut, activate the chain brake,
remove your finger from the trigger and keep the bar away from your
body.
7) Do not operate a chain saw above your shoulder height.
8) Do not set a saw down while the blade is engaged.
9) Stop the engine and turn the switch to 'OFF' when the chain saw is to
be left unattended or refueled. Do not overfill the fuel tank.
10) Place cones and barricades in the area where you are performing
chain saw operations.
11) Choose an area for cut branches to fall before beginning work. Alert
coworkers by yelling 'timber' to notify them of falling branches
12) Disengage spark plug wire before attempting to remove jammed
material from blade.
c. Edgers:
1) Do not start an edger if the blade is touching the ground.
2) Operate the edger at full blade speed.
3) When edging along roads, stay as close to the curb as possible.
4) Wear your employer prescribed Personal Protective Equipment
(PPE), such as eye/face protection, gloves, breathing filters, and
hearing protection.
5) Do not use the edger in rainy weather.
6) Do not use the edger if it has loose or worn blades, belts, or other
parts. If these conditions exist, tag the edger out of service and do not
use it.
7) Visually inspect the area to be edged for possible hazards.
8) When working in close proximity to roadways, always wear a safety
vest.
d. Line Trimming / Weed Eater / Brush Cutter:
1) Before refueling the trimmer, remove it from your harness, place it on
the ground, and allow the engine to cool.
Chapter 10 – Page 15
2) Wear employer prescribed Personal Protection Equipment (PPE),
such as eye/face protection, gloves, breathing filters, long pants and
hearing protection.
3) Only use grip locations as specified by the manufacturer as a
handhold when operating the unit; keep both hands on the unit during
operations.
4) Visually inspect for and trim around hazards.
5) Do not perform trimming operations above 10 feet in height alone; a
coworker must assist you.
6) When working in close proximity to roadways, always wear a safety
vest.
e. Backpack Blowers:
1) Do not use the blower to clean yourself.
2) Do not direct the blower toward bystanders.
H. Electrical Hazards:
1. In case of contact with live wires, do not touch the victim. Call 911 immediately.
2. Where electrical equipment must be used in damp or wet locations, use low voltage
equipment and wear rubber boots and gloves.
3. Proper lockout/tagout procedures shall be followed when performing installation,
repair, maintenance, modification, or any other adjustments to power equipment
where unexpected energy surges or start-up of the equipment could harm employees.
4. Never attempt work in or near overhead lines, underground power lines or gas lines.
Contact the appropriate personnel prior to any work being performed.
5. In the event of a downed power line, stay away from the danger area, keep others
away and contact emergency services or the appropriate personnel equipped to do th e
repair work.
6. Control or fuse boxes should be kept closed at all times and should be labeled to
indicate the areas or machinery they operate.
7. Extension cords should not be run across aisles or through oil or water. Extension
cords should not be bound tightly as they become damaged and dangerous. Cords
should be inspected for kinks, worn insulation and exposed strands or wire before
use. Dispose of and replace any cords exhibiting wear.
8. When fuses blow continually, it is an indication of an overload or short. This
condition should be reported to your supervisor immediately.
9. Keep electrical equipment properly oiled and free of grease and dirt.
I. Public Utility Services: Line Locations:
1. Public utilities are often installed in or near work sites. Because of this, good
coordination between the utility companies and the Village is imperative. Contact
with or damage to other utilities may affect the safety of the workers on the job, the
safety of the general public, or may cause interruption of essential utility services. To
avoid these problems, line locations are required prior to any digging, trenching,
overhead or underground operations. Whenever possible, the utility companies
should be notified in time to schedule a walk through of the work site to locat e any
utility at least 24-48 hours in advance.
2. Employees should be knowledgeable of the Uniform Color Code, as published by the
Utility Location and Coordination Council. Do not proceed until clarification is
received if any doubt exists as to the location of a utility.
3. A supervisor must follow the safety procedures detailed below BEFORE WORK
IS STARTED:
Chapter 10 – Page 16
a. Check plans to see if any utility services are located in or adjacent to the work.
b. Contact other utility agencies and coordinate line locations.
c. Make a personal inspection of the job site to identify what signs, post markers,
overhead electrical lines, etc., may be seen and make this information kno wn to
all affected employees.
d. Have all utility agencies’ emergency phone numbers at the job site area, so that
an immediate report can be made if accidental contact is made.
4. IF ACCIDENTAL CONTACT IS MADE:
a. Call 911 for emergency medical/fire/rescue services.
b. Report incident to the affected utility service and to your supervisor.
c. Secure the area and re-route traffic, if necessary, until situation is cleared or
until relieved by the proper authorities.
J. Ladders and Scaffolding: The following procedures will prevent accidents and possible
injury relating to ladders and scaffolding:
1. Ladders:
a. Metal ladders shall not be used in the vicinity of electrical circuits.
b. Inspect for defects before using. Keep rungs clean and free of grease and oil.
c. Ladders should not be placed against a window sash.
d. Straight ladders form a triangle when placed against a wall or object for
climbing. When properly placed, the bottom side of the triangle should be
about one fourth as long as the vertical, (i.e. if the ladder is leaned against the
wall eight feet high, the feet should be set two feet from the wall.)
e. When using a straight ladder, it should be long enough to extend at least three
rungs above the level to which the user is climbing. Step -ladders are not
designed to be used as straight ladders.
f. If the bottom of a ladder is placed on an insecure surface, secure the ladder i n a
position by the use of hooks, ropes, spikes, cleats or other anti -slip devices, or
by stationing an employee at the ladder base to hold it in position during use.
g. Never stand on the top step of a ladder to work.
h. Only one person should be on a ladder at a time.
i. If it is necessary to place a ladder near a door or where there is potential traffic,
set up warning signals, or take other precautions to prevent accidental contacts
which might upset the ladder.
2. Scaffolding:
a. Planks and other materials used in building scaffolding must be sound and free
from knots. Keep planks in good condition with a spar varnish (never use paint
on planks).
b. Planking should be adequately cleated; the scaffolding over ten feet high should
have toe boards, mid-rails and handrails.
c. Be sure staging is on a sound base.
d. Loose tools on top of scaffolding are liable to fall and injure someone. Keep
tools in a bucket or box secured on the scaffolding.
K. Working in Confined Spaces:
1. The Occupational Safety and Health Administration (OSHA) confined space standard
defines a confined space as a space that is large enough for an employee to enter, has
restricted means of entry or exit, and is not designed for continuous employee
occupancy. Examples of confined spaces are storage tanks and bins, ducts, tunnels,
sewers, manholes and wet wells. The most common confined space areas for Village
employees will be sewers, manholes and wet wells.
Chapter 10 – Page 17
2. Specific confined space hazards include physical hazards (mechanical equipment,
temperature, sound, collapse, entrapment, etc.), oxygen deficiency (identified as
the primary hazard), combustibility (fire and explosion), and toxic air
contaminants. The presence of any one or combination of these hazards
constitutes a Permit Required Confined Space (PRCS). Before entry into a PRCS,
a written permit must be obtained according to the Confined Space Operating and
Rescue Procedures Plan.
3. General Safety Procedures:
a. Before entering confined spaces, test for oxygen and explosive/toxic vapors
and gases.
b. Venting of hazardous atmospheres shall be accomplished before entering,
whenever possible.
c. Maintain adequate ventilation while working.
d. When using portable blowers to ventilate, make sure the air intake will not
pick up carbon monoxide fumes from the engine.
e. Adequate respiratory equipment shall be available for use, if necessary, and
all potential users shall be instructed in the proper use of such equipment.
f. No employees shall enter a manhole sewer, tank, or other underground
confined space without a safety belt or harness and an attached lifeline,
tended by another employee at the point of entry.
g. Use barricades and warning signs to protect pedestrian traffic and to alert
vehicle traffic to the hazard when opening manholes in streets.
h. Never allow exits to be blocked.
i. Ladders shall be used when entering manholes, when there is any doubt
about the safety of manhole steps.
j. Only lights approved and provided by the Village shall be used in manholes
on areas where explosive vapors or gases may exist.
L. Motor Vehicle and Mobile Equipment:
1. Village vehicles are easily identified and, therefore, constitute a traveling
advertisement seen by many citizens. We exercise an important influence upon
good or bad public relations through our relationship with other motorists. By
utilizing courteous, considerate, and safe driving habits, we shall build good
public relations as well as avoid needless accidents.
2. General Safety Procedures (Motor Vehicles):
a. Employees will not ride in the back of a truck; they shall sit in seats
constructed for that purpose.
b. All employees shall be responsible for a safety check EACH DAY of any
vehicle or mobile equipment he/she is assigned to drive. Safety checks shall
be documented on the appropriate form provided by the department.
c. Supervisors shall be notified immediately of any necessary repairs needed.
d. Position all adjustments for safe driving before starting vehicle (i.e., seat,
mirrors, etc.).
e. Drivers of Village vehicles must possess a valid Florida driver’s license and
they must be thoroughly familiar with state and local regulations governing
motor vehicle operation.
f. All slow moving equipment operated in public right-of-ways shall be
equipped with a triangular shaped reflecting sign and flashing lights in
accordance with Florida Motor Vehicle Code.
g. Be sure all loads are secured prior to movement of vehicle.
Chapter 10 – Page 18
h. Never take drugs or strong medication before operating any vehicle.
Remember that drugs, illnesses or extreme fatigue may affect your ability to
judge distances, speed, and driving conditions.
i. Supervisors are responsible for ensuring that employees are utilizing seat
belts. Failure to utilize the seat belts may result in disciplinary action.
j. No more than three (3) persons shall be permitted to ride in the front seat of
any vehicle at one time.
k. Never leave the vehicle unattended with the motor running.
l. Stay within posted speed limits. Slow down when conditions warrant.
m. Be particularly cautious and alert while driving around children.
n. Do not assume the right-of-way.
o. Avoid tailgating. Keep a safe distance behind other vehicles and slow down
or stop to let tailgaters pass.
p. Turn on low beam headlights during rainstorms and fog.
q. When refueling, shut off motor and do not smoke.
3. Motor Vehicle Accident Procedures:
a. Obtain first aid or medical treatment, if required.
b. Notify the Police Department of the jurisdiction where accident occurred
immediately, and request an investigation at the scene. Notify Supervisor as
soon as practical.
c. Exchange names, driver’s license numbers and vehicle numbers with the
other persons involved. Offer no information regarding the responsibility for
the accident or what should have been done to avoid the accident.
4. Aerial Platforms and Baskets:
a. Exercise extreme care when operating this type of equipment near overhead
power lines.
b. Only those employees who are trained and well versed in this type of
equipment operation shall be allowed to perform these operations.
c. Vehicle must remain parked while platform or basket is raised.
d. When outriggers are part of the vehicle's equipment, use them.
e. Strategically place appropriate warning devices to warn on-coming traffic
while working in or near roadways.
M. Working in the Public Right-of-Ways: Municipal employees are often required to work
in or along public roads and right-of-ways, normally used for vehicle or pedestrian traffic
to repair utility services, or perform tree trimming, or landscaping tasks, and other
maintenance activities. It is desirable that, whenever possible, some continued flow of
traffic be maintained with the least possible interference with normal traffic patterns. The
following are general guidelines to be followed when working in these situations:
1. Notify all appropriate agencies prior to partial or full closure of a road as
necessary.
2. Wear employer prescribed Personal Protective Equipment (PPE) such as a safety
vest, hard hat, safety shoes, gloves, etc.
3. Individuals working in roadways and right-of-ways must be properly trained in
current traffic control practices and
4. The Traffic Control and Work Zone Safety Plan shall serve as the standard for all
related activities and should be referred to often.
Chapter 10 – Page 19
N. Chemical Hazards:
1. General Safety Policies:
a. Never eat, drink, or smoke around chemicals in the work area.
b. Keep flammable and explosive material away from any heat sources.
c. Make sure there is enough ventilation in the work area. If you feel the
slightest amount of dizziness or nausea, report the incident immediately to
your supervisor.
d. Use the proper personal protective equipment. This may include gloves,
safety glasses, masks, respirators, and work clothes depending on the type of
chemicals you are using.
e. Know how to properly dispose of all contaminated materials.
f. Always use established procedures for handling, storing or transporting
hazardous chemicals.
2. Special care should be taken when mixing chemicals or loading chemical
application devices as most injuries occur at that time.
APPROVED
Jimmy Knight
Village Manager
Chapter 10 – Page 20
Village of North Palm Beach
Number: 09-05
Subject: Vehicle Crash/
Incident Investigation
Procedures
Date: September 15, 2009
Revised: VPPM Section
10.6.2, November 6, 2012
POLICY AND PROCEDURES MANUAL REVISION
10.6.2 Vehicle Crash/Incident Investigation Procedures: Public Safety will be notified and
respond to the location where the crash/incident occurred and will conduct (or in cases of
conflict refer) an investigation. The involved staff member’s supervisor will also be notified
and respond to ensure completion of internal documents that may be required. The
Department Head is responsible for seeing that the crash investigation reports and internal
documents are completed, and routed to the Human Resources/Risk Management
Department within twenty-four (24) hours of the crash/incident. Supervisors will be
responsible for their respective administrative investigation of all accidents, injuries and
occupational issues in their division using the following investigation procedures:
A. Implement temporary control measures to prevent any further injuries to employees.
B. Review the equipment, operations and processes to gain an understanding of the accident
situation.
C. Identify and interview each witness and any other person who might provide clues to the
accident's cause.
D. Investigate causal conditions and unsafe acts; make conclusions based on existing facts.
E. Complete the internal crash/incident Investigation Report.
F. Provide recommendations for corrective actions.
G. Indicate the need for additional or remedial safety training. A crash/incident investigation
is an analysis of the crash/incident to determine causes that can be controlled or
eliminated.
H. Crash Review: A Safety Committee will be established by the Village Manager and will
be responsible for the review of all vehicular crashes and vehicle incidents involving
Village personnel and Village vehicles.
1. Definition: A preventable crash is defined as any traffic crash or traffic incident
involving property damage or physical injury that may be avoided with applicable
action by the employee.
2. Procedure:
a. The Board is appointed by the Village Manager and will consist of members from
the following departments as follows:
Village Manager, Chairperson
Human Resources, Risk Management
Police
Fire
Fleet/Public Works
Parks & Recreation
Country Club
Community Development
Chapter 10 – Page 21
Library
b. The Safety Committee will make a determination if the crash being reviewed was
preventable. Decisions of the Safety Committee will be by majority vote. The
decision of the Safety Committee will not be contingent upon a chargeable
offense or upon the finding of a court hearing on such charges.
c. The Safety Committee will conduct an administrative investigation to determine
whether there was any violation of Florida State Statutes, Village Directives, or
Department Directives. The Safety Committee may make recommendations for
policy modifications, safety improvements and/or training. The Safety Committee
may make other determinations as requested and/or directed by the Public Safety
Director.
d. The Safety Committee will convene within thirty (30) days of the traffic collision
or incident at a time and place determined by the Safety Committee Chairperson.
The involved employee will be notified and may elect to appear before the Safety
Committee to answer any questions or discuss the crash. Upon conclusion of the
review, the Board will render a finding.
e. The Risk Manager (Human Resources Director) is required to submit a written
report to the Village Manager. After the report is reviewed by the Manager, the
appropriate disciplinary or corrective action will be recommended and forwarded
to the Department Director for final determination. The Safety Committee is a
fact-finding body and may NOT recommend disciplinary action. This process will
be concluded within 45days of the date of incident unless articulated extenuating
circumstances require an extension (with approval of the Village Manager).
3. Documentation: The following applicable documentation will be completed for
traffic crashes/incidents involving employees driving department-owned or leased
vehicles:
a. Damaged Equipment Form (completed by Supervisor).
b. Memorandum(s) completed by each involved staff member.
c. Applicable Florida Traffic Crash Reports (HSMV 90003, 90004, 90005)
d. Traffic crash photographs
e. Fleet Maintenance documentation noting any alleged mechanical defects with the
department-owned or leased vehicle.
4. Discipline: Discipline will be determined based upon the findings of culpability by
the Safety Committee and the Village Manager’s application of the below matrix and
any other applicable directives. The following discipline pertains to crashes/incidents
deemed preventable. Action is cumulative for all crashes/incidents occurring within
the preceding three-year period.
a. Upon approval of findings and recommendations, the appropriate department
Director will notify the driver in writing of the imposed discipline or corrective
action.
b. Drivers notified of a preventable crash and associated discipline may appeal the
findings using the discipline appeal process established by collective bargaining
agreements and Village directives.
c. All Preventable crashes will require an appropriate driver improvement program.
d. Driver improvement programs, Counseling Reports, and temporary loss of
vehicle assignment privileges are not considered discipline.
e. Employees found violating traffic laws may be issued citations and assigned
duties which prevent them from using Village vehicles for a time period specified
by their Director. This action is not subject to the appeal process.
f. Employees failing to report a crash will be subject to appropriate disciplinary
action.
Chapter 10 – Page 22
5. Traffic crash/incident severity definitions:
a. A minor crash/incident is one caused by slight negligence or carelessness, which
does not have the potential for serious injury and does not involve significant cost
to repair. (Example: Improper backing at slow speeds and striking a sign pole;
slow motion forward and bumping another car).
b. A more serious/clear-cut violation is a crash/incident caused by greater
negligence or carelessness and which has a potential for serious injury or
significant cost to repair. (Example: a crash caused by unreasonable speed above
the posted limit; a crash caused by improper passing; or a crash caused by
obvious violation of right-of way.
c. An extreme/complete disregard violation is a crash/incident caused by reckless or
irresponsible vehicle operation with gross disregard for the safety of persons or
property, or which results in personal injury and/or substantial cost to repair.
Traffic Crash/Incident Review Recommended Disciplinary Guidelines
Severity of
Crash
First Offense
Second Offense
Third Offense
Minor
Letter of
Counseling and
Driver Training
Written
Reprimand and
Training
One Day
Suspension up to
Dismissal and
Driver Training
More Serious/
Clear Cut
Written
Reprimand and
Driver Training
One Day
Suspension up to
Dismissal and
Driver Training
Five Day
Suspension up to
Dismissal and
Driver Training
Extreme/
Complete
Disregard
One Day
Suspension up to
Dismissal and
Driver Training
Five Day
Suspension up to
Dismissal and
Driver Training
Ten Day
Suspension up to
Dismissal and
Driver Training
APPROVED
Ed Green
Village Manager
Chapter 10 – Page 23
Village of North Palm Beach
Number: 11-01
Subject: Drug and Alcohol-
Free Workplace
Date: March 3, 2011
Revised: Sections 10.2.2(Q),
10.2.4(B), and 10.2.8(A)
NPB Policy Manual last
revised November 4, 2008
POLICY AND PROCEDURES MANUAL REVISION
10.2 DRUG AND ALCOHOL-FREE WORKPLACE
10.2.1 Purpose and Scope:
A. The Village of North Palm Beach hereby affirms its commitment to maintaining a drug-
free workplace. The term "drug-free" includes "alcohol-free."
B. This policy is intended to:
1. Promote the goal of drug and alcohol-free work places within the Village through fair
and reasonable drug testing methods for the protection of the Village employees and
the Village.
2. Encourage the Village to provide employees who have drug use problems with an
opportunity to participate in an employee assistance program or an alcohol and drug
rehabilitation program.
3. Provide for confidentiality of testing results.
C. The established drug-free work place policy implements the provisions of Fla. Stat. §§
440.101 and 440.102 and rules of the Agency for Health Care Administration (the Drug-
Free Workplace Standards set forth in Fla. Admin. Code rules 59A-24.003 – 59A-
24.008) and the provisions of the current employee collective bargaining agreements.
1. Before testing is initiated under this Policy, each current employee, applicant, and
volunteer will be provided a copy of a policy statement/notice, which is incorporated
in this policy by reference in compliance with Fla. Stat. § 440.102(3)(a).
2. Pursuant to Fla. Stat. § 440.102(3)(b), there will be a 60-day period between the
notice to employees, applicants, and volunteers that a drug-testing program is being
implemented, and the beginning of actual drug testing. For good measure, the Village
will issue a second notice to employees during that 60-day period.
3. This Policy shall apply to all Village employees, job applicants, and volunteers, as
defined in section 10.2.2 below, except those subject to the standards and procedures
contained under 49 C.F.R. part 40 that requires separate drug tests. All job applicants
will be provided a copy of a drug-free workplace notice with a conditional offer of
employment and all volunteers will be provided a copy of the notice before any
volunteer activities are performed. Each employee will sign an acknowledgment of
receipt and understanding of the drug-free workplace policy statement/notice, and
that acknowledgment will be retained in the employee’s personnel file. Copies of a
drug-free workplace notice shall be posted in prominent locations in Village
buildings.
Chapter 10 – Page 24
D. Through the establishment of a standard drug-testing program, all employees, job
applicants, and volunteers shall be subject to drug testing as a condition of employment
or may be a condition of commencing volunteer activities under the terms and
circumstances described in this policy. Employees who violate this policy shall be
subject to disciplinary action, up to and including termination of employment, consistent
with the applicable collective-bargaining agreement, if any. Job applicants who violate
this policy will not be hired; and volunteers who violate this policy will not be allowed to
perform further volunteer service.
E. Prohibited under this policy is the unlawful manufacture, distribution, dispensation,
possession, or use of drugs (including alcohol or controlled substances), as defined by
Fla. Stat. Chapter 893, on Village property or vehicles or while on duty. The only
exception being off-duty alcohol use by non-Food & Beverage Division employees at the
Village restaurant as defined by Section 10.2.4.B of this policy, “Off-the-Job.”
F. Reporting for duty or remaining on duty under the influence of drugs (alcohol or a
controlled substance) is prohibited, except when the use of a controlled substance is
pursuant to the prescribed instructions of a licensed medical practitioner who has advised
the individual that the substance will not adversely affect the individual’s ability to safely
perform all assigned duties.
G. Off-the-job use or involvement with illegal drugs, alcohol, or other controlled substances
may also subject an employee to disciplinary action under applicable Village policies
and/or the applicable collective-bargaining agreement, if any.
H. Through the implementation of this policy, the Village intends to comply with and be
subject to current and future requirements contained in the Drug-Free Workplace Act of
1988 and Fla. Stat. §§ 440.101 and 440.102 and 49 C.F.R. part 40 as it applies to
employees in safety-sensitive positions.
10.2.2 Definitions: For the purpose of this Policy, the following terms shall be defined as indicated:
A. Alcohol - Any beverage, prescription, over-the-counter medication, or other product
containing any form of alcohol, including, but not limited to, ethanol, methanol,
propanol, and isopropanol.
B. Alcohol Use - The drinking or swallowing of any beverage, liquid mixture, or
preparation (including any medication) containing alcohol.
C. Alcohol Test - Analysis of a blood sample to determine the blood alcohol level (BAL),
as distinguished from the more general term "drug test."
D. Blood Alcohol Level - The alcohol level as expressed in terms of milligrams of alcohol
per 100 milliliters of blood; "0.04" indicates four tenths of a percent of the blood serum
in the sample is alcohol. Blood samples will be used for both initial and confirmation
testing for BAL under this Policy.
E. Chain of Custody - The procedure used to account for the integrity of each urine
specimen by tracking its handling and storage from point of specimen collection to final
disposition for all specimens by an appropriate drug testing custody form that documents
custody of the specimen from collection to receipt by the laboratory and handling of the
sample or sample aliquots (a portion of a specimen used for testing) within the
laboratory.
Chapter 10 – Page 25
F. Confirmation Test for Alcohol - A second test (following an initial alcohol test with a
result of four one-hundredths BAL (0.04) or greater) that provides specific quantitative
data for alcohol.
G. Confirmation Test for Drugs (Other than Alcohol) - A second analytical procedure,
following an initial drug test, used to confirm the presence of a specified drug or
metabolite in a specimen through a different technique and chemical principle from that
of the screen test to ensure specificity, sensitivity, reliability, and quantitative accuracy.
Gas chromatography/mass spectrometry ("GC/MS") is the only authorized confirmatio n
test for cocaine, marijuana, opiates, amphetamines, and phencyclidine.
H. Confirmed Test or Confirmed Drug Test - A screening result confirmed by a second
analytical procedure used to confirm the presence of a specified drug or metabolite in a
specimen through a different technique and chemical principle from that of the screen
test to ensure specificity, sensitivity, reliability, and quantitative accuracy. Gas
chromatography/mass spectrometry ("GC/MS") is the authorized confirmation test for
cocaine, marijuana, opiates, amphetamines, and phencyclidine.
I. Drug Rehabilitation Program - A service vendor that provides confidential, timely, and
expert identification, assessment, and resolution of employee drug abuse through the
Village’s Employee Assistance Program ("EAP").
J. Drug Test - A chemical, biological, or physical instrumental analysis administered, by a
laboratory certified by the United States Department of Health and Human Services or
licensed by the Florida Agency for Health Care Administration, for the purpose of
determining the presence or absence of a drug (including alcohol) or its metabolites. The
Village shall pay for all drug tests, initial and confirmation, that it requires of employees.
Employees must pay for any additional tests not required by the Village. A urine sample
will be used for the initial and confirmation tests for all drugs and substances (except
alcohol, for which blood samples are used).
K. Drug (hereinafter, Drugs or Controlled Substance(s)) - Alcohol, including a distilled
spirit, wine, a malt beverage, or an intoxicating liquor; an amphetamine; a cannabinoid;
cocaine; phencyclidine (PCP); a hallucinogen; methaqualone; an opiate or narcotic; a
barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of
any of the substances listed in this subsection. The Village may test an individual for any
or all such drugs.
L. Employee - The term "employee" means any person who works for the Village for
salary, wages, or other remuneration.
M. Employee Assistance Program ("EAP") - An established program capable of providing
expert assessment of an employee’s personal concerns; confidential and timely
identification services for employee drug or alcohol abuse; referrals of employees for
appropriate diagnosis, treatment, and assistance; and follow-up services for employees
who participate in the program or require monitoring after returning to work.
N. First Offense - An initial violation of this drug-free workplace policy whether it involves
drugs or alcohol.
O. Fitness for Duty - As Fla. Stat. § 440.101(2) requires that "an employee [shall] refrain
from reporting to work or working with the presence of drugs or alcohol in his or her
body," for purpose of this policy "fitness for duty" means being in a mental and physical
condition appropriate for work, including but not limited to being sober in accordance
with this policy. The term also applies to applicants (meaning fitness to begin working
for the Village) and volunteers (fitness to continue serving in volunteer functions).
P. Initial Drug Test - A sensitive, rapid, and reliable procedure to identify negative and
presumptive positive specimens, using a scientifically-accepted method approved by the
U.S. FDA or the Florida Agency for Health Care Administration.
Chapter 10 – Page 26
Q. Job Applicant - Any individual who has applied for a position with the Village and has
been offered employment conditioned upon successfully passing a drug test, and may
have begun work pending the results of the drug test; refers only to persons who have
applied for special-risk or safety-sensitive positions.
R. Medical Review Officer (MRO) - A licensed physician, employed with or contracted by
the Village, who has knowledge of substance abuse disorders, laboratory testing
procedures, and chain of custody collection procedures; who verifies positive, confirmed
test results; and who has the necessary medical training to interpret and evaluate an
employee's positive test result in relation to the employee's medical history or any other
relevant biomedical information.
S. Positive Breath Test - A test showing a concentration of four one-hundredths (0.04)
BAC or above.
T. Reasonable-Suspicion Drug Testing - Drug testing based on a belief that an employee,
applicant, or volunteer is using or has used drugs in violation of this policy, drawn from
specific objective and articulable facts and reasonable inferences drawn from those facts
in light of experience.
U. Screening Test (also known as an Initial Test or Initial Drug Test) - In alcohol
testing, an analytical procedure to determine whether an employee, job applicant, or
volunteer may have a prohibited concentration of alcohol in his/her system. In controlled
substance testing, an immunoassay screen to eliminate "negative" urine specimens from
further consideration.
V. Second Offense - Any violation of this drug-free workplace policy (whether by alcohol
or other drugs) following the initial violation, whether either violation involves alcohol or
other drugs, constitutes the second offense.
W. Specimen - Tissue, hair, or a product of the human body capable of revealing the
presence of drugs or their metabolites, as approved by the U.S. FDA or the Florida
Agency for Health Care Administration.
X. Substance Abuse Professional ("SAP") - A person with knowledge of and clinical
experience in the diagnosis and treatment of drug-related disorders who evaluates
employees and makes recommendations concerning education, treatment, follow-up
testing, and aftercare.
Y. Volunteer - An individual who offers services to the Village without remuneration.
10.2.3 Notice of Conviction: An employee convicted of a violation of any criminal drug statute for
conduct that occurred on Village property shall notify the Human Resources office within
five (5) working days after the conviction.
10.2.4 Prohibited Conduct: The following types of conduct are expressly prohibited for all
employees, applicants, and volunteers and shall result in disciplinary action up to and
including termination of employment (or termination of volunteer services), consistent with
the applicable collective-bargaining agreement, if any.
A. On-Duty - No employee, applicant, or volunteer shall use drugs, including alcohol, while
performing their duties. The manufacture, distribution, dispensation, possession or use of
drugs (including alcohol) on Village property or while on duty is prohibited, except as
otherwise permitted in this policy under medical prescription.
B. Off-the-Job - Off-the-job use or involvement with illegal drugs, abuse of lawfully
prescribed medications, alcohol abuse, or other controlled substances may subject an
employee to disciplinary action under applicable Village Policies and the applicable
collective-bargaining agreement, if any. The personal possession or use of drugs
Chapter 10 – Page 27
(including alcohol) by employees of the Food & Beverage Division of the Country Club
Department is prohibited on Village property while on or off duty and in a Village-issued
uniform (whether on or off-duty), except as otherwise permitted in this policy under
medical prescription, or when off-duty in attendance at a Village-sponsored and
sanctioned event (i.e. employee holiday party). The personal possession or use of drugs
(including alcohol) by all other Village employees is prohibited on Village property
while on or off duty during normal business hours and in a Village-issued uniform
(whether on or off-duty), except as otherwise permitted in this policy under medical
prescription.
C. Controlled Substance(s)/ Drug/Alcohol Use or Abuse - No employee or volunteer shall
report for duty or remain on duty while under the influence of, or impaired by, drugs
(including alcohol) as may be shown by the behavioral, speech, or performance
indications of use or abuse or any controlled substance except when the use is pursuant to
prescribed instructions of a licensed medical practitioner who has advised the individual
that the substance will not adversely affect the individual’s ability to safely perform all
work duties. As a condition of employment, employees are required to remain awa y from
the place of duty and off Village property if under the influence of drugs.
D. Alcohol Concentration - No employee shall report for duty or remain on duty while
having a blood alcohol concentration of four one-hundredths (0.04) or more.
E. Use Following an Accident - No employee or volunteer involved in an on-the-job
vehicular or other work-related accident shall use alcohol for eight (8) hours following
the accident, or until after undergoing a post-accident alcohol test, whichever occurs first.
F. Refusal to Submit to a Required Drug Test - Following an on-the-job vehicular or
other work-related accident, no employee shall refuse to submit to a post -accident drug
(alcohol or controlled substances) test; nor shall an employee refuse to submit to a
reasonable suspicion drug test, a fitness for duty drug test, or a follow-up drug test.
Failure to complete and sign testing form(s), to provide an adequate specimen, or other
failure to cooperate with the testing process in a way that prevents the completion of the
test shall be considered a refusal to test and shall be deemed a positive test result. Any
attempt to adulterate a specimen or provide a specimen that is adulterated shall also be
considered a refusal to test and will be deemed a positive test result. Any obstruction to
and lack of cooperation with the testing process shall be considered a refusal to test and
deemed a positive test result.
G. Testing Positive - No employee or volunteer shall report for duty or remain on duty after
testing positive for alcohol or other drugs, until cleared to return. While waiting for
clearance, the employee shall be placed in a non-duty status. From the time the test is
confirmed positive, the non-duty status shall be unpaid; but the employee shall be given
the option of using any accumulated annual or compensatory time leave credits before
the leave is ordered to be without pay (unless the employee is incarcerated, in which case
annual or compensatory leave is not an option), and the Village will restore the leave
hours taken (or the unpaid wages if leave hours were not used) if an appeal shows the
confirmed positive test was due to another reason such as prescription or nonprescription
medication lawfully taken.
10.2.5 Testing Procedures: All drug testing will be conducted by a Village designated laboratory
that is licensed and approved by the Agency for Health Care Administration (AHCA) or is
certified by the U.S. Department of Health and Human Services. The testing will be
conducted with appropriate chain of custody procedures as specified by AHCA to ensure
accuracy and continuity in specimen collection, handling, transfer, and storage.
Chapter 10 – Page 28
10.2.6 Referral for Testing: Appropriate notification and testing forms will be provided to
employees, job applicants, and volunteers before drug testing.
10.2.7 Voluntary Self-Referral/Rehabilitation: At any time before notification of a required test,
an employee is encouraged to contact the Village’s EAP for voluntary treatment of a
substance problem. Such employees may be required to submit to compliance testing as part
of the treatment program. Voluntary self-referral made at the time of notification shall not
excuse an employee from required drug/alcohol testing, nor shall it negate a positive result
from such test. An employee will not be subject to discharge or disciplinary action solely on
the basis of voluntary self-referral for treatment.
10.2.8 Kinds of Testing: Random testing of employees shall not be conducted, except those
employees that hold CDL licenses for job duties and subject to the standards and procedures
contained under 49 C.F.R. part 40 that requires separate drug tests. To maintain a drug-free
work environment, the Village will test for the presence of drugs, including alcohol, in the
following circumstances:
A. Pre-Employment Screening: Pre-employment screening will be required of all job
applicants for safety-sensitive or special-risk positions and/or as required by the
Department of Transportation (“DOT”) for CDL-bearing positions before employment
with the Village. Any job applicant who tests positive in the pre-employment screening
for a drug as defined in this Policy will not be hired and is not eligible to re-apply for
employment with the Village for one year following the confirmed positive test.
B. Reasonable Suspicion:
1. All employees/applicants/volunteers who are determined to be under reasonable
suspicion of drug use are required to take a drug test. Reasonable suspicion shall be
determined by a supervisor at least one level above the individual to be tested. The
circumstances supporting that determination must be drawn from specific objective
and articulable facts that shall be documented in writing. Reasonable suspicion may
include, but is not necessarily limited to, the following examples:
a. Observable phenomena while at work, such as direct observation of drug use or of
the physical symptoms or manifestations of being under the influence of a drug.
Physical symptoms or manifestations may include, but are not limited to, slurred
speech, alcohol odor on breath, unsteady walking and movement, poor
coordination and/or reflexes, glassy or bloodshot eyes, physical altercations,
verbal altercations, or unusual behavior
b. Abnormal conduct or erratic behavior while at work or a significant deterioration
in work performance
c. Credible documented evidence that an individual has tampered with a drug test
during the term of employment
d. Credible documented information that an employee has caused, or contributed to,
an accident while at work; or
e. Credible documented evidence that an employee has used, possessed, sold,
solicited, or transferred drugs while working or while on Village premises or
while operating the Village’s vehicle, machinery, or equipment.
2. Where testing is based on reasonable suspicion, the supervisor will detail in writing
the circumstances that formed the basis of the reasonable suspicion determination. A
copy of this written description shall be given to the employee/applicant/volunteer
upon request and the original documentation shall be kept confidential and exempt
Chapter 10 – Page 29
from the provisions of Fla. Stat. § 119.07(1), as provided in Fla. Stat. § 440.102(8),
and retained for at least one year.
C. Post-Accident Reasonable-Suspicion Test:
1. As soon as practicable under the following circumstances, post-accident reasonable-
suspicion testing will be done on all employees/applicants/volunteers who are
involved as a driver in any vehicular accident while performing their duties:
a. On a surviving employee/applicant/volunteer when an accident results in loss of
human life. The employee/applicant/volunteer need not have been cited for a
moving traffic violation or deemed at fault to be subject to testing under this
paragraph
b. When an employee/applicant/volunteer receives a citation for a moving
violation(s) and one (1) or more of the vehicles involved in the accident is towed
from the scene of the accident; or
c. When an employee/applicant/volunteer receives a citation for a moving
violation(s) and one (1) or more persons involved in the accident received
medical treatment away from the scene of the accident.
2. An employee, applicant, or volunteer who is subject to reasonable suspicion post-
accident testing shall remain readily available for such testing. Failure or refusal to be
available for testing may be deemed by the Village as a refusal to submit to testing.
As stated in Fla. Stat. § 440.101(2), " it is a condition of employment for an employee
to refrain from reporting to work or working with the presence of drugs or alcohol in
his or her body and, if an injured employee refuses to submit to a test for drugs or
alcohol, the employee forfeits eligibility for medical and indemnity (workers
compensation) benefits." This provision shall not be construed as requiring the delay
of necessary medical attention for injured persons following an accident or impeding
an employee/applicant/volunteer from leaving the scene of an accident to obtain
necessary assistance in responding to the accident or to obtain necessary emergency
care.
3. If alcohol testing is not administered within eight (8) hours following an accident, the
Village may not conduct alcohol testing based on the accident provision. Likewise, if
other drug testing is not administered within thirty-two (32) hours following the
accident, the Village may not conduct controlled substance testing based on the
accident provision. The Village is required to document those instances when testing
is not timely conducted according to the time frames noted above.
4. Following an accident, the Village will provide the employee, applicant, or volunteer
transportation to a testing facility by a person designated for that purpose. After
testing, the employee/applicant/volunteer will be transported to their place of
residence.
5. An employee pending results of a post-accident drug test shall be placed in a non-
duty status and required to use annual or sick leave (the non-duty status shall be
unpaid if the employee does not have such leave hours available). If an alcohol test
yields a result of less than four one-hundredths (0.04) BAL or a controlled substances
test yields a negative result, the Village will restore the leave hours taken (or the
unpaid wages if leave hours were not used). A volunteer pending post-accident test
results will be placed in a non-duty status on a similar basis.
6. Notwithstanding the absence of a reasonable suspicion alcohol test under this section,
the Village shall not permit an employee or volunteer involved in an accident
described above to perform or continue to perform duties until:
Chapter 10 – Page 30
a. An alcohol test is administered and the employee’s alcohol concentration
measures less than four one-hundredths (0.04) BAL; or
b. Twenty-four (24) hours have elapsed following the determination that there is
reasonable suspicion to believe that the employee has violated the prohibitions of
this policy concerning the use of alcohol.
7. The results of a post-accident drug test administered by federal, state, or local
officials having independent authority for the test may be used to satisfy this secti on,
provided the test complies with applicable federal, state, or local requirements and the
results of the test are timely obtained by the Village.
D. Fitness for Duty: For purposes of this policy, all employees or volunteers who are subject
to a fitness-for-duty medical examination may be required to take a drug test (including a
blood alcohol level test) as part of their medical examination.
E. Follow-up Testing: All employees who have successfully completed an employee
assistance program or a drug or alcohol rehabilitation program and return to duty must
submit to unannounced drug and alcohol tests at least once a year for a two -year (2-year)
period after completion of the program. Advance notice of a follow-up testing date must
not be given to the employee to be tested.
10.2.9 Results Reporting:
A. The MRO shall contact the tested employee, applicant, or volunteer directly on a
confidential basis before confirming a positive initial test result.
B. The MRO shall give the employee/applicant/volunteer an opportunity to discuss the
initial test result. If the MRO makes reasonable, documented efforts to reach the
employee/applicant/volunteer and is unable to do so, the MRO shall inform the Village’s
designated representative, who shall then direct the tested employee/applicant/volunteer
to contact the MRO as soon as possible.
C. If, after making all reasonable efforts, the Village’s designated representative is unable to
contact the employee/applicant/volunteer, the Village may place the employee on
temporary medically-unqualified status or medical leave (or may place an applicant or
volunteer on similar temporary status).
D. The MRO’s communication with the tested employee/applicant/volunteer is important to
the confirmation of a positive test result; however, in three (3) circumstances the MRO
will report a confirmation test result as positive to the Village without having
communicated directly with the employee/applicant/volunteer:
1. The employee/applicant/volunteer declines the opportunity to discuss the test with the
MRO
2. The Village representative has successfully contacted the tested
employee/applicant/volunteer and provided specific notice to communicate with the
MRO and more than five (5) working days have passed since the contact and notice
by the Village ; or
3. Neither the MRO nor the Village representative, after making all reasonable efforts,
has been able to contact the individual within fourteen (14) calendar days of the date
on which the MRO receives the confirmed positive test result.
Chapter 10 – Page 31
E. Following the confirmation of a positive test result, the MRO shall refer the case to the
Village’s Human Resources Department for processing pursuant to Fla. Stat.
§.440.102(5)(h).
F. After the MRO’s reporting of a confirmed positive test result to the Village, the tested
employee/applicant/volunteer may contact the MRO and present information
documenting the reasons (serious illness, injury or other circumstances) that prevented
the employee/applicant/volunteer from communicating with either the MRO or the
Village representative regarding the initial test and the need for a confirmation test. The
MRO may, in such cases, reopen the confirmation determination and allow the individual
to present information concerning a legitimate explanation for the confirmed positive
test. If the MRO concludes that there is a legitimate explanation, the MRO will revise the
previous positive determination and declare the test to be negative.
G. The Village shall provide, upon request, a copy of the test results to the te sted employee,
volunteer, or job applicant.
10.2.10 Challenges to Test Results:
A. A positive test result does not automatically identify an employee/applicant/volunteer as
having used drugs in violation of this policy; therefore, providing the MRO (through, or
on behalf of, the Village) with detailed knowledge of possible alternative explanations is
important to the review of results and is the responsibility of the
employee/applicant/volunteer.
B. Pursuant to Fla. Stat. § 440.102(5)(h), within five (5) working days after receipt of a
positive confirmed test result from the MRO, the Village shall inform the
employee/applicant/volunteer in writing of such positive test result, the consequences of
such results, and the options available to the employee/applicant/applicant. One of those
options is that within five (5) working days after receiving notice of a positive confirmed
test result, the employee/applicant/volunteer may submit information to the Village (or
MRO in the Village’s stead) explaining or contesting the test result, and explaining why
the result does not constitute a violation of this Policy. If the
employee's/applicant’s/volunteer’s explanation or challenge of the positive test result is
unsatisfactory to the Village, or MRO on the Village’s behalf, a written explanation as to
why the explanation is unsatisfactory, along with the report of positive result, shall be
provided by the Village to the employee/applicant/volunteer.
C. Additionally, consistent with Fla. Stat. § 440.102(5)(h) and (6)(d), the MRO, on behalf of
the Village, shall notify an employee/applicant/volunteer whose test result has been
confirmed as positive of the right to request an independent analysis within seventy-two
(72) hours. If the employee requests the independent analysis within seventy-two (72)
hours, the MRO shall take appropriate action to direct the analysis. Such independent
analysis shall be conducted by "split specimen," at the
employee’s/applicant’s/volunteer’s expense, with sufficient specimen being retained for
later verification testing. If the employee/applicant/volunteer fails to contact the MRO
within seventy-two (72) hours but later contacts the MRO and presents information
documenting the reasons (serious illness, injury, inability to contact the MRO, lack of
actual notice of a confirmed positive test result or other circumstances) that prevented the
individual from timely contacting the MRO, the MRO may conclude that there is a
Chapter 10 – Page 32
legitimate explanation for the employee’s/applicant’s/volunteer’s failure to contact the
MRO within seventy-two (72) hours and may direct the analysis of the split specimen.
D. The tested employee/applicant/volunteer shall bear the expense of any testing of a
specimen requested by that individual.
E. All aspects of the testing process, including any challenge to the testing process, will be
kept confidential to the extent allowed by law.
10.2.11 Disciplinary Action for Positive Test Results: A positive test result shall require the
employee’s or volunteer’s immediate removal from duty.
A. No employee or volunteer shall perform duties after testing positive for drugs until the
terms specified in this Policy have been satisfied.
B. Employees whose test is confirmed positive for an unlawful controlled substance
(including a prohibited blood alcohol level) shall be subject to disciplinary action up to
and including termination of employment, consistent with the applicable collective
bargaining agreement, if any. Refusal to submit to a drug test shall be treated as a
positive test result.
C. Applicants who test positive for drugs will not be hired; and volunteers who test positive
will not be allowed to perform further volunteer functions.
D. Pursuant to Fla. Stat. § 440.101(2), "if a drug or alcohol is found to be present in the
employee's system at a level prescribed by rule adopted pursuant to this act, the employee
may be terminated and forfeits his or her eligibility for medical and indemnity benefits
(under Chapter 440)" consistent with Fla. Stat. §§ 440.102(12) and 440.102(5)(p).
10.2.12 Confidentiality:
A. All medical information, interviews, reports, statements, memoranda, and test results
received or produced under the programs established by this Policy are confidential and
exempt from the provision of Fla. Stat. § 119.07(1). This information may not be used or
received in evidence, obtained in discovery, or disclosed in any public or private
proceedings, except as specified below or as required by law:
1. Upon written consent of the employee/applicant/volunteer tested (such a consent
must include the name of the person to receive the information; the purpose of the
disclosure; the precise information to be disclosed; the duration of the consent; and
the signature of the person authorizing release)
2. When ordered by an administrative law judge, a hearing officer, a court of competent
jurisdiction or a professional or occupational licensing agency in a related
disciplinary proceeding;
3. The information has been placed at issue in a formal dispute or any discipline
proceedings between the employer and the employee
4. The information is to be used as necessary in administering an employee assistance
program;
5. The information is needed by medical personnel for the diagnosis or treatment of the
employee or volunteer in the event the employee or volunteer is unable to authorize
disclosure; or
Chapter 10 – Page 33
6. Within various Village departments when consulting with legal counsel in connection
with actions related to the information or when the information is relevant to defense
of a civil or administrative matter.
10.2.13 Village Designated Representative: All questions concerning this policy should be directed
to the Director of Human Resources or to such other Village official as the Village Manager
may designate.
10.2.14 Notice to Employees, Applicants, and Volunteers: The Village Manager or designee has
prepared a notice satisfying the requirements of Fla. Stat. § 440.102(3)(a), to be distributed to
all Village employees, applicants, and volunteers prior to testing.
10.2.15 Interpretation: This policy shall be interpreted and applied consistent with Fla. Stat. §§
440.101 and 440.102 and applicable State rules and federal law.
10.2.16 Required Training: Human Resources will provide training to any supervisor or other
employee who is assigned the responsibility for making a reasonable-suspicion determination
shall complete a training program of at least sixty (60) minutes on alcohol misuse and sixty
(60) minutes on controlled substance abuse. The training should include, but not be limited
to:
A. The dangers of drug (including alcohol) abuse
B. The prohibition of drug (including alcohol) use or introduction into the workplace
C. The Village’s policy of maintaining a drug-free workplace and the types of testing that
will be conducted
D. Contact information for available drug (including alcohol) counseling and rehabilitation
E. Contact information for the Employee Assistance program
F. The consequences of refusing to submit to testing
G. All drugs included in testing under this policy
H. The procedures for challenging a positive confirmed test result
I. The confidentiality provisions of this policy; and
J. Penalties to be imposed for violations of this Policy.
APPROVED
Jimmy Knight
Village Manager
Village of North Palm Beach
Number: 09-02
Subject: Training
Date: May 26, 2009
Revised: Section 12, Dated
December 12, 1997
POLICY AND PROCEDURES MANUAL REVISION
11.0 TRAINING
11.1 Training: The Human Resources Department shall assist the department heads in the
training of their personnel. Training need not be limited to in-service type programs.
Employees wishing to obtain additional formal training or education in their particular field
may submit a request for payment of tuition and b ooks for such training or education to their
department head prior to beginning of the program in accordance with the following
regulations.
11.1.1 Attendance-Authorized Training Program:
A. Village training instructors will take roll call and document each employee's attendance
at authorized training programs in writing.
B. Attendance record copies will be kept by Human Resources.
C. Excused Absences: The employee’s supervisor must approve absences. When the
supervisor approves the absence, the approval will be forwarded to Human Resources for
review. The employee will submit a written request at least one day before the date of the
absence when possible.
D. Limitation of Absences: If an attendee misses more than 10% of the training program's
allotted time for any reason, the entire course must be retaken or hours missed retaken, at
the Training supervisor's discretion.
E. Attendees must be punctual since late arrivals are disruptive to a class and may not be
allowed to attend.
F. The Village may issue training certificates for successful completion of Village training
programs.
G. The dress code for training classes will be appropriate business attire unless otherwise
specified by the training announcement. Shorts, tank tops, sweat pants, and T-shirts will
not be permitted. Slacks and a collared shirt will be acceptable. Employees not meeting
this dress code will be asked to leave the training class.
H. At the completion of each training class or session, the employee’s training record will be
updated to include the following as a minimum:
1. Type of Training
2. Date of Training
3. Certificates Received
4. Attendance
5. Test Scores (as applicable)
I. Each class that is conducted by the Village will maintain a record of the class to include
at a minimum:
1. Course Content (lesson plans)
2. Name of department attendees
3. Test results if administered
K. Each training course that is conducted by the agency requires the development of a lesson
plan. The trainer will submit the lesson plan to Human Resources determine that the
course content meets the requirements of the Village and the course objectives are job-
related.
11.1.2 Training/Seminar Request:
A. Requests to attend schools, seminars, courses, or training activities must be approved by
the employee’s department head or designee.
B. Requests must be submitted on a Training Request Form with a copy of the course
announcement, agenda, and completed registration form.
C. Requests must be submitted in the order indicated on the Training Request Form.
D. Seminar requests must be submitted at least 21 calendar days before the seminar's
starting date.
E. Employees will be notified of approvals in writing.
F. Approved requests will be filed in Human Resources.
G. Disapproved requests will be returned to the submitting employee with the reasons for
the disapproval noted.
H. Employees not receiving a written notice on the approval or disapproval of the request
within five (5) days of the seminar's start will contact the employee’s supervisor to obtain
the status of their request.
J. Travel and hotel accommodations will be handled by the employee or his/her supervisor.
K. Employees withdrawing from approved training or seminars will submit a memo stating
their reasons for withdrawal to the employee’s supervisor as follows:
1. If the withdrawal is before the start of the training or seminar, the memo must be
submitted at least seven (7) working days before its start.
2. If withdrawal is during the course of the training or seminar, the memo must be
submitted on the date of withdrawal.
3. In emergency situations, the requirements in Section 11.1.2K1 or 2 may be waived by
directly notifying the employee’s supervisor. The waiver will then be forwarded to
Human Resources.
4. Employees not attending their approved training and career development course(s)
and failing to cancel registration will be responsible for the Village for incurred costs.
L. The employee's supervisor will be responsible to approve the employee's attendance as
on or off duty.
M. The Village reserves the right to require employees failing a seminar or course to
reimburse the Village for the training costs.
N. Employees will be responsible for submitting a copy of their certificate of completion or
other proof of attendance to Human Resources for inclusion in their Training files within
seven (7) working days of the receipt of their certificate.
11.2 Tuition Refund Program:
11.2.1 Purpose: The Village encourages employees to pursue formal education that will improve
the services which the employee was hired to perform or qualify the employee for acceptance
of greater responsibility within the scope of normal job development. Tuition assistance will
be provided for regular full-time Village of North Palm Beach employees who have
successfully completed an approved course of instruction.
11.2.2 Limitations:
A. The tuition reimbursement program rates are established by the Village Council and
through Collective Bargaining. Employees will be reimbursed in accordance with the
prevailing rates established by the Village Council or the Collective Bargaining
Agreements.
B. Reimbursement is for tuition only. No tuition assistance is paid for cost of books, fees,
supplies, transportation, or other expenses.
C. No tuition assistance will be paid prior to the grade of at least a “C” being verified.
D. Tuition assistance is available to employees who have a minimum of one year's service
with the Village.
E. The employ must agree to stay in the employment of the Village for a period of one year
after the completion of the course that has been funded through tuition assistance. If the
employee resigns, or is terminated for any reason before the expiration of the one year
period, any money paid under tuition refund assistance must be returned to the Village.
11.2.3 Courses to be Approved:
A. No blanket approval of programs or courses will be granted. Only specific courses for a
particular semester or term will be approved.
B. To be acceptable for the program, courses must provide training which will tend to
improve the services which the employee was hired to perform or may reasonably be
expected to perform.
11.2.4 Application: Application for tuition assistance must be made on forms supplied by the
Village and must be submitted no later than 20 days following course registration. After the
employee's department head has made a recommendation, the Village Manager or designee
will approve or disapprove all applications for tuition assistance. Applications will be subject
to budget availability.
11.2.5 Method of Payment: Upon successful completion of an approved course, the employee
must submit an official grade report and a copy of receipt for tuition which must be
submitted within thirty (30) days of course completion. The Village will reimburse
employees for an approved course within sixty (60) days of the employee’s submission of the
official grade report and tuition receipt.
APPROVED
Jimmy Knight
Village Manager
Chapter 12-Page 1
12.01.01 PURPOSE:
To define the various components of the Personnel Rules and Regulations Pay for Performance
Program and to provide guidelines for its administration.
12.01.02 POLICY:
The Village of North Palm Beach recognizes that some employees perform above and beyond
the call of duty, or consistently maintain a level of performance that distinguishes them from
their co-workers. It is the policy of the Village to measure, as objectively as possible, how an
employee's job responsibilities are performed. The Pay for Performance Program is designed to
acknowledge employees who have made special efforts in a project, program, or in rendering
service or have consistently maintained an outstanding level of performance, or exceeded
expectations. The Village will measure employees based on stated, well defined goals and
objectives to the greatest extent possible. These goals and objectives will be reduced to writing
and made a part of the Village's budget and other policies.
12.01.03 OBJECTIVES: The objectives of the Pay for Performance Program are as follows:
a. To encourage and enhance communication between the supervisor and the employee.
b. To identify, recognize and reward employees whose job performance warrants the same.
c. To improve job performance by identifying areas where acceptable performance is
lacking and by developing an action plan for improvement.
d. To provide a review of job performance.
e. To document employees with the capacity for assuming greater responsibility and
leadership.
12.01.04 ELIGIBILITY:
The evaluation period shall begin on June 1 of the previous year and end on May 31 of the
current year. All regular full-time employees as of the end of the evaluation period (from here
forward referred to as "employees") shall participate in the Pay for Performance Program
(referred to as "program"). All full-time employees who have completed at least 90 days of
service prior to the end of the evaluation period shall also participate in the Program. For
purposes of the Program, base salary is defined as the basic salary earned by the employee,
excluding overtime and fringe benefits, as described in the Village's annual budget or
Departmental Orders, or Village Codes, Ordinances and Personnel Rules and Regulations and
Village policies.
12.01 POLICY STATEMENT
Chapter 12-Page 2
12.01.05 GUIDELINES:
The Village places a high value on: caring, helpful service to the public; creative, workable
solutions to problems; dedication and hard work; self-improvement; and enhancing the Village's
positive image. On-going performance that is consistent with these values is recognized through
the performance evaluation and a pay for performance program to the extent that there remains
room to advance within a salary range. The Village recognizes the advantages of rewarding the
consistently high performer through the Program.
a. Pay for Performance Increases: A pay for performance increase, as budgeted by the
Village Council, may be granted to an employee based on an annual evaluation of his or
her performance.
b. In all respects, where a pay for performance increase would cause an employee to exceed
the maximum of that employee's pay range, the distribution of the pay for performance
increase will be such that the employee will be topped out at the maximum of the range
and will not receive a base salary increase beyond the maximum of the range. In
recognition of the extraordinary service of an employee, a bonus incentive (not added to
base salary) \\.ill be afforded to those employees who have attained the maximum of their
pay range. Said bonus incentive will be based on the annual evaluation and applicable to
those employees who receive an evaluation rating of "Exceptional" or "Successful". The
bonus incentive amount shall equal the designated rate increase for the rating attained.
Chapter 12-Page 3
12.02.01 PURPOSE:
To establish guidelines for the completion and submission of performance evaluations and
recommendations for pay for performance increases.
12.02.02 POLICY:
All employees shall be reviewed annually. Pay for Performance increases shall be based on
performance in accordance with the Village's annual budget, Collective Bargaining Agreements,
Departmental Orders, or Village Codes, Ordinances and Personnel Rules and Regulations, and
other Village Policies. All proposed Pay for Performance increases will require a performance
evaluation.
12.02.03 RESPONSIBILITY FOR CONDUCTING PERFORMANCE EVALUATIONS:
Under the direction of the Village Manager, the Department Head and supervisors shall be
responsible for conducting performance evaluations of employees under their direct supervision.
a. Evaluation process.
1) Performance evaluations for eligible emplo yees shall be prepared and conducted by
the immediate supervisor. The supervisor and the employee shall both independently
prepare in writing an evaluation prior to the review. The supervisor is responsible for
completing the evaluation form, and the employee is responsible for completing the
self-evaluation form.
2) Prior to the evaluating supervisor's review meeting with the employee, the evaluating
supervisor must review the completed evaluation form with the next level supervisor.
If the two levels of supervision disagree on the performance evaluation for an
employee, the Department Head will review the form and make a determination on
the areas of disagreement before the form is reviewed with the employee.
3) After the supervisor has completed the evaluation, the performance evaluation form
shall be discussed with the employee. The review meeting provides the supervisor the
opportunity to review the position requirements with the employee and to discuss the
employee's overall performance, covering both strong points and areas for
improvements. The employee may include written comments on the evaluation form.
The employee self-evaluation should also be discussed during the review meeting.
12.02 PERFORMANCE EVALUATION POLICY
Chapter 12-Page 4
4) It is possible that during the evaluation interview, based on additional information
and insights from the employee on his/her performance, the supervisor may determine
the need to modify a rating on a specific performance criterion. Any changes must be
shown on the evaluation form and must be initialed by the evaluating supervisor.
5) After the evaluation has been discussed, and any modifications made, the employee
and supervisor shall sign and date the performance evaluation form. After the
employee and supervisor have signed the evaluation form, the form shall be reviewed
and signed by the Department Head. The Department Head may include additional
written comments.
6) Once the evaluation form has been completed and signed by the employee,
supervisor, and Department Head, the original copy of the evaluation form, and the
employee's self-evaluation shall be forwarded to the Village Manager's Office. The
Village Manager or his designee will be responsible for tracking, analyzing and
controlling the distribution of funds in accordance with the pay for performance
policy. A copy of the evaluation form will be distributed to the employee. The
original copy of the evaluation form will be placed in the employee's personnel file.
b. Evaluation period and due dates:
1) The Evaluation Period for employee performance shall be from June 1 of the previous
year through May 31 of the current year.
2) Completion and timely submission of performance evaluations are the responsibility
of all supervisors and the Department Head. All evaluations shall be submitted to the
Village Manager no later than June 30 of each year.
3) Evaluations for all eligible employees shall be completed every twelve (12) months,
but may be completed more frequently if performance warrants.
Chapter 12-Page 5
12.02.04 SCALES:
For each category a scale of 0-3 is used when evaluating an employee. The evaluator
should use the following definitions:
SCALE
Below Standards Development Required Successful Exceptional
0 1 2 3
a. Exceptional - Performance consistently exceeds job requirements. This rating
is reserved for employees whose performance is truly outstanding.
b. Successful - Performance fully meets job requirements. This rating applies to
employees whose performance fully meets job requirements on a regular
basis.
c. Development Required - Performance meets only minimum job requirements.
This rating applies to employees whose performance meets minimum job
requirements, but requires improvement to fully meet job requirements on a
regular basis.
d. Below Standards Performance is unacceptable and below minimum job
requirements. This rating applies to employees whose performance is
inadequate and requires substantial improvement to successfully meet job
requirements. (Individuals with an overall performance score at this level
should either move up in performance level or out of the position in a short
period to time).
It is imperative that each employee understand the relationship between job performance and rate
of pay and the relationship between the attainment of job standards and the level of performance.
There must remain a consistency between performance evaluations and the employee's rate of
pay.
12.02.05. PRIORITY WEIGHTS:
Each of the dimensions set forth in the evaluation form has been assigned a priority weight,
which is a measure of its importance to the organization. The dimensions considered to be
important have higher priority weights than those dimensions considered to be less important.
The priority for each dimension is set on a scale of one to nine (1-9). Although the priority
weights are constant in terms of definition, their applicability to a particular dimension of
measurement will vary from year to year. That variance is predicated on the importance of that
dimension as it relates to the organization's needs, goals and objectives for a given year.
The scale is an arithmetic progression in which a priority of five (5) is five (5) times more
important than a priority of one (1). For scoring purposes, the weights act as multipliers.
Chapter 12-Page 6
The priority weights are defined as follows:
Priority Weight 1: Of minor importance to the position and to goal attainment.
Priority Weight 2: Of lesser importance to the position and to goal attainment.
Priority Weight 3: Important to the position and to goal attainment.
Priority Weight 4: Very important to the position and to goal attainment.
Priority Weight 5: Critical to the position and to the goal attainment.
Priority Weight 6, 7, 8, 9: Special weight granted for obtaining key certifications and
management responsibilities for supervisors, division chiefs, or
department heads.
Chapter 12-Page 7
12.03.01 PURPOSE:
To define the methodology of distributing funds and maintaining cost control on distribution of
funds for the Program for employees.
12.03.02. POLICY:
The Village of North Palm Beach, in an effort to maintain control on the cost of distribution of
funds for the Program, recognizes the need to distribute funds equitably and fairly. Furthermore,
it is the policy of the Village to not allow the Program to be circumvented by inappropriate
application of the evaluation process.
12.03.03. OBJECTIVES:
The objectives of the distribution policy are as follows:
a. Pay for performance increases are to reflect an equitable and fair response to performance
evaluations as described in the Policy Statement and Performance Evaluation Policy.
b. To avoid top-loading of funds available for pay for performance to one category of
evaluation, thereby circumventing the intent of the program.
c. To maintain flexible criteria on an annual basis that will be in response to the amount of
funds available.
d. To effectively manage the evaluators by including their objectivity and efficiency in
evaluating as part of their evaluation.
12.03.04. GUIDELINES:
The Village Council will determine the distribution of funds through the budget process with the
Village staff.
a. In all cases, the Village will withhold 10% of the total departmental distribution amount
as a set aside to be used for adjustments by the Village Manager to round out
mathematical fractions and correct any inequities in the program.
b. Performance evaluations and fund distributions will not be subject to appeal or the
grievance process.
12.03 DISTRIBUTION OF FUNDS POLICY
Chapter 12-Page 8
c. Evaluations will be completed during June of each year. Pay for performance increases
will be distributed based on the employee's annual performance evaluation score as
budgeted by the Village Council. The Village Manager or his designee will be
responsible for reviewing the distribution of evaluation ratings within Departments and
across Departments. The Village Manager may require supplemental evaluations as
needed to correct inequities in the program.
Chapter 12-Page 9
Chapter 13 – Page 1
Village of North Palm Beach
Number: 12-02
Subject: Discipline and
Conflict of Interest
Date: December 6, 2012
Revised: Section 13, NPB
Policy Manual
POLICY AND PROCEDURES MANUAL REVISION
This revision adds the a Code of Ethics, Conflict of Interest and Investigation Procedures.
13.0 DISCIPLINE
13.1 Objective: One of the primary objectives of supervision is to ensure prompt, efficient and
courteous service to the public. To meet this goal supervisors are responsible for training,
assisting, motivating, directing and correcting behavior of staff. In any organization it is
essential that certain standards of personal conduct and work performance be maintained.
Most people prefer to work in an orderly environment and will readily conform to reasonable
rules of conduct and standards of performance as long as they understand what is expected of
them. Supervisors are responsible for informing their subordinates of management's
expectations. Where problems with employee behavior or performance arise, a supervisor
should seek to correct the problem with the least amount of disruption to the work
environment. Discipline is a means to correct employee behavior and performance. This
information addresses both progressive discipline and termination. All employees working
for the Village of North Palm Beach are members of a select group working together for the
main purpose of serving the community. An y employee who fails to follow the necessary
rules and regulations governing their conduct is not only penalizing themselves, but is also
doing a disservice to all of the other Village employees. The Work Rules are not intended to
restrict or impose on the individual, but are designed to ensure the rights and safety of all
Village employees and to provide working guidelines to efficiently serve the community
effectively.
13.2 Progressive Discipline: Progressive discipline is utilized for regular, non-probationary
employees and may include oral counseling, written counseling, suspension, and ultimately
termination. Exempt employees are not typically subject to progressive discipline. The goals
of progressive discipline are to: inform the employee of inadequacies in performance or
instances of improper behavior; clarify what constitutes satisfactory performance or
behavior; instruct the employee on what action must be taken to correct the performance or
behavior problem; and inform the employee of what action will be taken in the future if the
expectations are not met. There are several levels of disciplinary action, each progressively
more serious, which may be used to correct employee performance and behavior. Assistance
is available from Human Resources.
13.3 Procedures:
A. Verbal Counseling: An employee may be given a verbal counseling for a performance or
behavior problem. A verbal counseling is typically issued during a private conference
Chapter 13 – Page 2
between the supervisor and the employee where the supervisor explains the problem and
what the employee must do to return to satisfactory status. Supervisory notes to the file
are permissible and in most cases appropriate. The employee should be informed that the
conference is being conducted for the purpose of issuing a verbal counseling. This
ensures that the employee is aware that disciplinary action is taking place. Verbal
counseling can also be used as a training tool.
B. Counseling Memos and Disciplinary Action Memos: These memos will be prepared to
provide employees with basic information about disciplinary recommendations or
counseling.
1. Counseling Memo:
a. Counseling memos will be used for documenting counseling only. It is a non-dis-
ciplinary process used to denote:
(1) Performance deficiencies
(2) Corrective processes
(3) Additional training or educational needs
b. The employee's signature on the Counseling memos will be evidence the
employee read each page and the report was discussed with the employee.
c. If the employee refuses to sign the Counseling memo, the employee's supervisor
will write “Refused” and date/time of the refusal in the applicable employee's
signature area. If a witness is present, the witness will sign and date the report
below the employee's signature area.
d. Counseling memos will not be copied for the purpose of including the report in
any file other than to the designate distribution, without express approval of the
Assistant Director.
e. Counseling memos will be maintained in unit personnel files for one year and
then forwarded to Staff Inspections. Staff inspections will review and make any
policy or procedure recommendations to the Director and forward a copy to
Training to be made aware of training issues. Then counseling memos will be
archived.
2. Disciplinary Action Recommended Memo:
a. Disciplinary action memos will be used if discipline rather than counseling is
recommended.
Note: Counseling is not considered discipline.
b. The employee's signature on a disciplinary memo will be evidence the employee
read each page and the report was discussed with the employee.
c. If the employee refuses to sign the disciplinary memo, the employee's supervisor
will write “Refused” and date/time of the refusal in the applicable employee's
signature area. If a witness is present, the witness will sign and date the report
below the employee's signature area.
d. Disciplinary memos will not be copied for the purpose of including the memo in
any file other than to the designated distribution, without express approval of the
Human Resources Director. The Human Resources Director will be responsible
for any other distribution of these reports.
5. Information relating to employee disciplinary reports will be recorded on an
Employee Counseling/Disciplinary Action Log. The Human Resources Director
or designee will be responsible for maintaining the log.
C. Suspensions:
Chapter 13 – Page 3
1. In General: Nonexempt employees may be suspended without pay for incidents
which are serious enough to warrant extraordinary suspension, or after less severe
disciplinary actions have been taken. The duration of the suspension should be
commensurate with the offense.
a. Typically the employee is informed of the suspension in private conference with
his/her supervisor.
b. The employee is given an employee notice form detailing the basis for the action
which specifies: the length of the suspension (beginning and ending dates)
c. A description of the specific problem or offense
d. The most recent incident and when it occurred; previous actions taken to correct
the problem, if applicable
e. Expectations and acceptable standards of performance
f. A warning that further unsatisfactory behavior or performance may result in
further disciplinary action, up to and including termination.
g. The suspension letter may also specify a review period, if appropriate, in which
the employee's behavior or performance will be reviewed.
h. Exempt status employees may be suspended in increments of one workday for
inappropriate or illegal conduct.
i. An employee may be suspended indefinitely or for any specified period of time
without pay for offenses as defined by the Work Rules and/or for violation of
departmental rules and regulations, as recommended by the department head and
as approved by the Village Manager. In the case of a Public Safety employee, the
immediate supervisor or other superior may suspend an employee and later obtain
the necessary approval of the department head, following the guidelines of the
PBA Contract. In all cases of suspension, an employee notice form must be
completed and submitted to the employee along with a copy to the Village
Manager.
2. Normal Suspension Procedures:
a. Except in cases of suspensions in contemplation of termination, and except where
the employee's presence poses a continuing danger to persons or to the orderly
operation of Village government, the employee shall be notified in writing of the
accusations/charges against the employee and the factual basis therefore prior to
the effectiveness of the suspension.
b. Concurrently with or after said notice, but prior to a suspension, the supervisor;
superior or department head must give the accused employee a reasonable
opportunity to explain the employee's version of the facts surrounding the
accusations.
c. Immediately thereafter, the supervisor, superior, or department head may
recommend suspension, followed by approval of the Village Manager.
3. Extraordinary Suspensions: In cases where the employee's presence poses a
continuing danger to persons or to the orderly operation of Village government, the
employee may be immediately suspended but shall be notified in writing of the
charges against the employee and shall be given an opportunity to rebut same within
ten (10) days after suspension.
D. Demotion and Decrease in Pay:
1. A department head may recommend and the Village Manager may demote an
employee with a decrease in salary and job responsibilities, as appropriate, for such
Chapter 13 – Page 4
time as is necessary to correct deficiencies in job performance or job qualifications.
The duration of such demotion and reduction in pay and responsibilities, as
appropriate, may be temporary or regular as appropriate, under the circumstances.
2. A demoted regular employee is entitled to advance under the pay plan as any other
employee based upon job performance. Prior to the proposed demotion, the employee
shall be given written notice of the reasons for the proposed demotion and further,
shall be given the opportunity to rebut said reasons before the appropriate department
head. If the department head determines demotion is proper, then an appropriate
progress interview form shall be completed and shall include the specific reasons for
the demotion. A copy of the progress interview shall be forwarded to the Village
Manager for his final approval.
E. Terminations:
1. In General: Employees may be terminated for incidents which are serious enough to
warrant immediate termination, or after less severe disciplinary actions have been
taken. It is advisable to terminate an employee in private conference with his/her
supervisor and other appropriate levels of supervision. During this conference the
employee is usually given a letter or a memorandum clearly stating the effective date
of the termination. When allegations are serious enough to merit immediate
termination, it is usually advisable to suspend an employee, pending an investigation.
This suspension is for the purpose of investigating the problem and conferring with
appropriate officials regarding the decision to terminate, and should be so
communicated to the employee.
a. These procedures for dismissal are promulgated to minimize the risk of
improper terminations associated with any such processes.
b. A probationary employee may be dismissed with or without cause at the sole
discretion of the department head. A Regular Employee may be dismissed
only for cause.
2. Immediate Termination: Immediate termination is the disciplinary action that occurs
without prior warnings or attempts at progressive discipline due to the seriousness of
the incident. This would include, but not be limited to, theft, intoxication on the job,
violence or threat of violence, conviction of a felony, and negligent, careless or
intentional performance that results in damage to property or individuals or the risk
thereof. This action may become necessary when incidents which in and of
themselves are so serious as to justify immediate termination, or performance
problems which are determined to be due to skill deficiency rather than rule
violations or neglect of duty.
3. Termination Procedure: Prior to the proposed termination, the employee shall be
suspended without pay pending the outcome or the informal conference and shall
concurrently or immediately thereafter receive written notice of the reasons for
the proposed termination either by hand delivery or by Registered U.S. Mail.
a. Such notice shall also specify a time, no sooner than two (2) working days nor
later than five (5) working days following the employee's receipt of such
notice, for an informal conference to be held before the Village Manager to
afford the employee an opportunity to rebut the charges.
b. The employee may also be allowed to respond in writing to the Village
Manager. After such informal conference, and after considering all evidence,
the Village Manager shall take appropriate action upon the dismissal.
Chapter 13 – Page 5
c. Failure of an employee to attend said informal conference after being given
notice of same, shall waive any rights of the employee hereunder.
d. The Village Manager's decision shall be forthwith furnished the employee and
shall be final and binding.
4. Appeals: An employee who is subject to any disciplinary action specified herein
may either pursue the appeal procedure contained in applicable collective
bargaining agreements, these regulations, or request an informal conference on
the action by serving a notice within twenty-four (24) hours after the effective
date of the action to the Village Manager. Any employee who has been
involuntarily terminated shall be immediately advised of the employee's right to
appeal the action through the use of the disciplinary appeal process or the
informal conference.
13.4 Code of Ethics, Conflicts of Interest, and Work Rules
13.4.1 Purpose: To provide Village employees a definition of conflict of interest, establish a code
of ethics, and provide a set of work rules that establishes direction for the performance of
duty and proper and efficient operation of Village operations.
13.4.2 Definitions:
A. A “conflict of interest” means a situation where regard for an employee’s private interest
tends to lead to disregard of a public duty or interest. A “conflict of interest” occurs
when employees solicit or accept gifts, do business with the Village and/or engage in
prohibited employment or business relationships, accept unauthorized compensation,
misuse their position, disclose or use certain information, solicit or accept honoraria, or
engage in lobbying the Village within two years of separation of employment, accept
prohibited travel expenses, receive contingency fees, or submit false statements in
connection with employment or services provided to the Village in violation of this
policy, all of which are more fully described below.
B. A “covered person” for purposes of the Personnel rules and Regulations is a Village
employee. However, the statutes and local ordinances regulating ethics and conflicts of
interests also govern members of the Village Council and Village Advisory Board
Members.
C. A “domestic partner” is an adult, unrelated by blood, with whom an unmarried or
separated official or employee has an exclusive committed relationship and maintains a
mutual residence.
D. A “gift” is something which is paid or given by a person or entity to a Village employee,
or to another for or on behalf of the employee, directly, indirectly, or in trust for the
employee’s benefit or by any other means, where the employee does not, in exchange,
give something of equal or greater value to that person or entity within 90 days,
including:
real property or the use of real property
tangible or intangible personal property or the use of tangible or intangible personal
property
a preferential rate or terms on a debt, loan, goods, or services, which rate is below the
customary rate and is not either a government rate available to all other similarly
Chapter 13 – Page 6
situated government employees or a rate which is available to similarly situated
members of the public by virtue of occupation, affiliation, age, religion, sex, or
national origin
forgiveness of an indebtedness
transportation, other than that provided to a public employee by an agency in relation
to officially approved governmental business, lodging, or parking
food or beverage
membership dues
entrance fees, admission fees, or tickets to events, performances, or facilities
plants, flowers, or floral arrangements
services provided by persons pursuant to a professional license or certificate
other personal services for which a fee is normally charged by the person providing
the service
any other similar service or thing having an attributable value not already provided
for above
E. A “gift” does not include the following items:
Salary, benefits, services, fees, commissions, gifts, or expenses associated with the
employee’s employment, business, or service as an officer or director of a corporation
or organization.
Campaign contributions or expenditures reported pursuant to statute, campaign-
related personal services provided without compensation by individuals volunteering
their time, or any other contribution or expenditure by a political party.
An honorarium or an expense related to an honorarium event paid to a person or the
person’s spouse.
An award, plaque, certificate, or similar personalized item given in recognition of the
employee’s public, civic, charitable, or professional service.
An honorary membership in a service or fraternal organization presented merely as a
courtesy by such organization.
The use of a public facility or public property made available by a governmental
agency, for a public purpose.
Transportation provided to an employee by an agency in relation to officially
approved governmental business.
Gifts provided directly or indirectly by a state, regional, or national organization
which promotes the exchange of ideas between, or the professional development of,
government officials or employees, and whose membership is primarily composed of
elected or appointed public officials or staff, to members of that organization or
officials or staff of a governmental agency that is a member of that organization.
F. A “household member” includes anyone whose primary residence is in the official’s or
employee’s home, including nonrelatives who are not rent payers or employees of the
head of household.
G. “Immediate family” means any parent, spouse, child, or sibling.
H. A “relative” means an individual who is related to a Covered Person as father, mother,
son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-
Chapter 13 – Page 7
sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent,
step great grandparent, step grandchild, step great grandchild, person who is engaged to
be married to the Covered Person or who otherwise holds himself or herself out as or is
generally known as the person whom the Covered Person intends to marry or with whom
the Covered Person intends to form a household, or any other natural person having the
same legal residence as the Covered Person.
I. Work Rules: Those rules as set out under this policy and those commonly accepted
standards of conduct that would normally apply to personnel of a police, fire and
emergency medical service organization.
J. Violations: Any action of non-adherence, transgressions from, or failure to abide by work
rules or commonly accepted standards of conduct.
13.4.3 Background: Public organizations must, by reason of their existence, present an image to be
respected by those they serve. The personnel who make up the organization must, at all
times, project a concerned and professional image and are prohibited from engaging in
conduct that creates a conflict of interest. These qualifications, not found in all professions,
are a demanding requirement of this vocation, which, of necessity, must be evident in the
daily operation of the organization and in all contacts with the public.
13.4.4 Policy:
A. Employees shall conduct themselves in a manner consistent with that which is considered
a normal standard of conduct.
B. Employees shall not commit any deliberate act or omission, which constitutes a violation
of work rules, regulations or directives as set out in this policy or accepted as standard
operating procedure.
C. Consequences of Violations:
1. Any employee, who engages in a prohibited conflict of interest, as specified in this
directive, shall be subject to discipline, up to and including immediate termination of
employment.
2. Additionally, any employee may be subject to investigation by the Florida
Commission on Ethics, the Palm Beach County State Attorney’s Office, Palm Beach
County Commission on Ethics, or other enforcement agencies, which may result in
civil and/or criminal penalties, if the violation of this policy also constitutes a
violation of Florida or applicable local law.
D. Reporting Violations:
1. Employees must contact their immediate supervisor or Department Head if they have
any questions concerning the Conflict of Interest and Code of Ethics Policy.
Suspected violations of the Conflict of Interest and Code of Ethics Policy must be
reported immediately to their Department Head or the Village Manager. Employees
may report their concerns verbally or in writing. Department Heads receiving reports
of alleged violations must immediately forward the report to the Village Manager for
action.
Chapter 13 – Page 8
2. Employees may also report suspected violations of this policy to the Palm Beach
County Inspector General or the Palm Beach County Commission on Ethics.
3. The Village will not retaliate against any employee who reports suspected violations
of this Conflict of Interest and Code of Ethics Policy unless it is determined the report
was made in bad faith or maliciously.
13.4.5 Ethics Training: At the beginning of employment and throughout the course of
employment, employees are advised of their obligations to comply with the Palm Beach
County and State of Florida Code of Ethics. Training provided by the Village is mandatory
for all Covered Persons, whether initial training or follow-up training. The Village provides
follow-up training on the ethics obligations of Covered Persons approximately every 12-18
months.
13.4.6 Obedience to Rules and Regulations: Employees will not commit or omit any act violating
any rule, regulation, directive, order, or policy. Violations shall result in disciplinary action.
13.4.7 Employees/Members Standards of Conduct: These standards of conduct are intended to
govern employee conduct while facilitating the Village of North Palm Beach’s goals and
objectives.
A
Absent Without Leave: Employees will be considered absent without leave if they are not
present for work and no leave was granted.
Abuse of Position: Personnel shall not authorize the use of their: names, photographs, or
official titles which identify them as Village personnel, in connection with testimonials or
advertisements of any commodity or commercial enterprise; nor shall they lend to another
person their identification cards or badges or permit them to be photographed or reproduced;
and personnel shall not use their official position, official identification cards or badges:
A. For personal financial gain
B. For obtaining privileges not otherwise available to them except in the performance of
duty; or
C. For avoiding consequences of illegal acts.
Alcohol Use Off Duty: Personnel, while off duty, shall refrain from consuming alcoholic
beverages to the extent that such consumption results in impairment, or obnoxious or
offensive behavior which discredits them or the Village, or renders them unfit to report for
their next scheduled work day.
Alcoholic Beverages/Controlled Substances in Village Facilities: Personnel shall not store
or bring into any Village facility or vehicle any alcoholic beverages and/or controlled
substances except those being held as evidence or being utilized in an official investigation.
Chapter 13 – Page 9
Applications – Honesty in the Applications for Positions: No person seeking to become an
officer or employee, or seeking to enter into a contract to provide goods or services to the
Village, may make any false statement, submit any false document, or knowingly withhold
information about wrongdoing in connection with employment by or services to the Village.
Assistance, Requests for: When any person requests assistance or advice, or makes
complaints or reports, either by telephone or in person, all pertinent information will be
obtained in an official and courteous manner and will be properly and judiciously acted upon
consistent with established Village policy.
B
Business with the Village and Prohibited Employment and Business Relationships:
A. Covered Persons are prohibited from having an employment or contractual relationship
with any business entity or agency which is subject to the regulation of the Village or that
is doing business with the Village. Covered
B. Persons are prohibited from having an employment or contractual relationship that will
create a continuing or frequently recurring conflict between his or her private interests
and the performance of his or her public duties or that would impede the full and faithful
discharge of his or her public duties.
C. Covered Persons acting in their official capacity as a purchasing agent, with authority to
commit the expenditure of public funds through a contract for, or the purchase of, any
goods, services, or interest in real property for the Village (as opposed to the authority to
request or requisition a contract or purchase by another person) are prohibited from either
directly or indirectly purchasing, renting, or leasing any realty, goods, or services for the
Village from any business entity of which the employee, or the employee’s spouse or
child is an officer, partner, director, or proprietor or in which such employee or his or her
spouse or child, or any combination of them, has a material interest. A material interest
means direct or indirect ownership of more than 5 percent of the total assets or capital
stock of any business entity; however, indirect ownership does not include ownership by
a spouse or minor child.
D. Covered Persons are prohibited from acting in a private capacity to rent, lease, or sell any
realty, goods, or services to the Village unless the contract for the transaction was entered
into prior to the employee’s first date of employment at the Village.
C
Citizen Complaints: Personnel shall courteously and promptly respond to any complaint
made by a citizen against any Village personnel or the Village. Personnel may attempt to
resolve the complaint, but shall never attempt to dissuade any citizen from lodging a formal
complaint against Village personnel. All formal complaints received shall be in writing,
signed by the complainant and notarized. Complaints shall be forwarded to the Human
Resources Director for further action.
Compensation – Unauthorized: Employees, their spouses and minor children are
prohibited from accepting any compensation, payment, or item of value when the employee
Chapter 13 – Page 10
knows, or should know with the exercise of reasonable care, that is given to influence an
action in which the employee was expected to participate in his or her official capacity.
Conflicting - Illegal Orders: Personnel who are given an otherwise proper order which is in
conflict with a previous order, rule, regulation or directive shall respectfully inform the
supervisor issuing the order of the conflict.
A. If the supervisor issuing the order does not alter or retract the conflicting order, the order
shall stand. Under these circumstances, the responsibility for the conflict shall be upon
the supervisor. Personnel shall obey the conflicting order and shall not be held
responsible for disobedience of the order, rule, regulation or directive previously issued.
B. Personnel shall not obey any order which they know or should know would require them
to commit an illegal act. If in doubt as to the legality of order, personnel shall request the
person issuing the order to clarify it or may confer with higher authority.
Conformance to Laws: Personnel shall obey all Federal, State, County, and Local laws.
Conviction of the violation or attempted violation of any law shall be prima facie evidence of
a violation of this section.
Contingency Fees:
A. No person shall, in whole or in part, pay, give or agree to pay or give a contingency fee to
another person.
B. No person shall, in whole or in part, receive or agree to receive a contingency fee.
C. “Contingency fee" means a fee, bonus, commission, or nonmonetary benefit as
compensation which is dependent on or in any way contingent on the passage, defeat, or
modification of: an ordinance, resolution, action or decision of the Village Council, any
employee authorized to act on behalf of the Village Council, the Village Manager, or any
action or decision of an advisory board or committee.
D. This prohibition does not apply to real estate brokers when acting in the course of their
profession as regulated by Florida Statutes, §§ 475.001—475.5018, as may be amended.
Nothing in this section may be construed to prohibit any salesperson from engaging in
legitimate government business on behalf of a company from receiving compensation or
commission as part of a bona fide contractual arrangement with that company provided
such compensation or commission is ordinary and customary in the industry. Nothing in
this section may be construed to prohibit an attorney from representing a client in a
judicial proceeding or formal administrative hearing pursuant to a contingent fee
arrangement.
Courtesy: Personnel shall be courteous to the public. Personnel shall be tactful in the
performance of their duties, shall control their tempers, and exercise the utmost patience and
discretion. In the performance of their duties, personnel shall not use coarse, vi olent, profane
or insolent language or gestures and shall not express any prejudice concerning race,
religion, politics, national origin, lifestyle or similar personal characteristics.
Chapter 13 – Page 11
D
Dissident Groups: Employees will not, except in the line of duty, knowingly associate with
any person or organizations which advocates or foster hatred, oppression, or persecution of
any person or group.
Distraction From Duty: Employees will not engage in activities or personal business, which
would cause them to neglect or be inattentive to duty.
E
Endorsements and Referrals: Personnel shall not recommend or suggest in any manner,
except in the transaction of personal business, the employment or procurement of a particular
product, professional service (such as an attorney, ambulance service, towing service,
bondsman, mortician, etc.). In the case of ambulance or towing service, when such service is
necessary and the person needing the service is unable or unwilling to procure it or requests
assistance, personnel shall proceed in accordance with established Village procedures.
G
Gambling: On-duty employees will not engage or participate in gambling while on or in a
Village facility. Employees will not engage in illegal gambling at any time.
Gifts – Solicitation and Acceptance:
A. Village employees are prohibited from soliciting or accepting anything of value,
including gifts, loans, rewards, promises of future employment, favors or services that are
based on any understanding that their vote, official action or judgment would be
influenced by such a gift.
B Employees are prohibited from soliciting any gift from a political committee, a certified
committee of continuous existence, or from a person who, for compensation, seeks or
sought to influence the governmental decision making of the employee, or who
encouraged the passage, defeat, or modification of any proposal or recommendation by
the employee or the Village Council, within the past 12 months, where the gift is for the
personal benefit of the employee, or any member of their immediate family or household.
C Employees, or any person on his or her behalf, are prohibited from knowingly accepting,
directly or indirectly, a gift from a political committee, certified committee of continuous
existence, or from a person who, for compensation, seeks or sought to influence the
governmental decision making of the employee, or who encouraged the passage, defeat,
or modification of any proposal or recommendation by the employee, or the Village
Council, within the past 12 months, if he/she knows or reasonably believes that the gift
has a value in excess of $100.00. However, such a gift may be accepted by the employee
on behalf of Village or a charitable organization so long as the employee does not
maintain custody of the gift for any period of time beyond that reasonably n ecessary to
arrange for the transfer of custody and ownership of the gift. The value of the gift is
generally determined using the actual cost to the donor, less taxes and gratuities, or the
reasonable and customary charge for personal services provided b y the donor directly.
Compensation provided by the employee to the donor within 90 days after receipt of the
gift is deducted from the value.
Chapter 13 – Page 12
D. No Covered Person shall accept or agree to accept a gift from a person or entity, because
of:
An official public action taken or to be taken, or which could be taken;
A legal duty performed or to be performed or which could be performed; or
A legal duty violated or to be violated, or which could be violated by any official or
employee.
E. No Covered Person, or any other person or entity on his or her behalf, shall knowingly
solicit or accept a gift with a value in excess of $100.00 in the aggregate for the calendar
year from any person or business entity that the recipient knows is a vendor, lobbyist or
any principal or employer of a lobbyist where the gift is for the personal benefit of the
official or employee, another official or employee, or any relative or household member
of the official or employee.
Gift Reports: Any employee who receives a gift in excess of one hundred dollars ($100.00)
shall report that gift in accordance with this section.
A. Gift reports for employees identified by state law as reporting individuals. Those
persons required to report gifts pursuant to state law shall report those gifts in the
manner provided by Florida Statutes, §112.3148, as may be amended. A copy of each
report shall be filed with the Palm Beach County Commission on Ethics.
B. All other employees who are not reporting individuals under state law .
1. Personal gifts. All employees who are not reporting individuals under state law
are not required to report gifts in excess of one hundred dollars ($100.00) so long
as those gifts are given to the employee by a personal friend or co-worker and the
circumstances demonstrate that the motivation for the gift was the personal or
social relationship rather than an attempt to obtain the goodwill or otherwise
influence the official or employee in the performance of his or her official duties.
Factors to be considered in determining whether a gift was motivated by a
personal or social relationship may include but shall not be limited to: whether the
relationship began before or after the official or employee obtained his or her
office or position; the prior history of gift giving between the individuals; whether
the gift was given in connection with a holiday or other special occasion; whether
the donor personally paid for the gift or sought a tax deduction or business
reimbursement; and whether the donor gave similar gifts to other officials or
employees at or near the same time. If the personal friend or co-worker is a
vendor, lobbyist or principal or employer of a lobbyist that lobbies the Village,
then the employee shall not accept a gift in excess of one hundred dollars
($100.00) in accordance with this policy.
2. All other gifts. All employees who are not reporting individuals under state law
and who receive any gift in excess of one hundred dollars ($100.00), which is not
otherwise excluded or prohibited pursuant to this subsection, shall complete and
submit an annual gift disclosure report with the county commission on ethics no
later than November 1 of each year beginning November 1, 2011, for the period
ending September 30 of each year. All officials or employees who are not
reporting individuals under state law and who do not receive a gift in excess of
Chapter 13 – Page 13
one hundred dollars ($100.00) during a given reporting period shall not file an
annual gift disclosure report. The annual gift disclosure report shall be created by
the county commission on ethics and shall be in a form substantially similar in
content as that required by state law.
Gratuities, Bribes or Rewards: Personnel shall not solicit or accept any gratuity. Bribe, or
reward from any person, business or organization if personnel have reason to believe that the
donor is seeking to influence personnel's performance or non-performance of an official
duty, has an interest which maybe substantially affected by the performance of an official
duty, has a substantial interest in an enterprise which is licensed or regulated by the Village.
H
Honoraria – Solicitation of Acceptance:
A. The Village Manager, Village Clerk, Village Building Code Inspector, employees with
the power to grant or deny a land development permit, and any purchasing agent with
authority to make any single purchase in excess of $20,000 on behalf of the Village are
prohibited from soliciting an honorarium which is related to their public office or duties.
B. An honorarium means any payment of money or anything of value, directly or indirectly,
to the employee, or to any other person on his or her behalf, as payment for a speech,
address, oration or other oral presentation by the employee, regardless of whether
presented in person, recorded or broadcast over the media, or for a writing by the
employee that is intended to be published (other than a book).
C. Because an honorarium does not include the payment or provision of actual and
reasonable transportation, lodging, and food and beverage expenses related to the
honorarium event, including any event or meeting registration fee for the employee and
spouse, the employee may accept payment of such expenses related to an honorarium
event, provided the employee receives a statement listing the name and address of the
person providing the expenses, a description of the expenses provided each day, and the
total value of the expenses provided for the event within 60 days of the event and
receives a waiver from the Village Council authorizing acceptance of such expenses, as
more specifically outlined under the Travel Expenses section of this policy.
D. If the Village Council authorizes acceptance of the expenses, the employee must disclose
such expenses with the attached statement and approval annually in the financial
disclosure when such expenses are paid by a political committee or committee of
continuous existence or from a person who, for compensation, seeks or sought to
influence the governmental decision making of the Village Manager or purchasing agent,
or who encouraged the passage, defeat, or modification of any proposal or
recommendation by the Village Manager, purchasing agent, or the Village Council,
within the past 12 months.
I
Identification: Personnel shall carry their identification cards on their person at all times,
except when impractical or dangerous to their safety. They shall furnish their name and
identification number to any person requesting that information, when they are on duty or
while holding themselves out as having official capacity.
Chapter 13 – Page 14
Immoral Conduct: Members and employees shall maintain a level of moral conduct in their
personal and business affairs, which is in keeping with the highest standards of the
profession. Members and employees shall not participate in any action involving moral
turpitude, which impairs their ability to perform as Village personnel or causes the Village to
be brought under unfavorable scrutiny.
Information – Disclosure or Use of Certain Information: Current and former employees
of the Village are prohibited from disclosing or using information not available to members
of the general public and gained by reason of his or her position, except for information
relating exclusively to governmental practices, for his or her personal gain or benefit or for
the personal gain or benefit of any other person or business entity.
Insubordination: Insubordination shall include but not necessarily be limited to any failure
or deliberate refusal to obey a lawful order given by a supervisor, or any disrespectful,
mutinous, insolent, or abusive language or action toward a supervisor.
K
Keys:
A. On-duty employees will not possess a business premise key for the purpose of obtaining
shelter, rest, or telephone service. Supervisors may make temporary exceptions if needed
in the performance of official duties.
B. Employees are not permitted to duplicate any Village key without their Department
Director or designee's permission.
L
Labor Activity: Personnel shall have the right to join labor organizations. Nothing shall
compel the Village to recognize or to engage in collective bargaining with any such labor
organization except as provided by law.
M
Meal/Break Procedure:
A. Employees are entitled to one 30-minute meal break per eight-hour shift and one 15-
minute break for each four hours worked.
B. Employees are authorized two 15-minute breaks not to be taken consecutively or in
conjunction with a 30-minute meal/break unless authorized by their immediate
supervisor.
C. Meal breaks will not represent compensable time except as specified herein and as
specified in any applicable bargaining unit agreement. Nonetheless, employees will
continue to receive pay for 40 hours of work per regularly scheduled workweek.
D. Employees will be given time for meals and breaks at the discretion of their immediate
supervisor and consistent with applicable bargaining unit agreement.
E. Employees can be recalled from authorized meals or breaks at the discretion of a
supervisor. Employees may be recalled for up to two meal breaks per workweek without
Chapter 13 – Page 15
incurring any additional compensable time beyond that otherwise accrued. Additional
recall during meal breaks in a workweek beyond two meal breaks will result in an added
30 minutes of compensable time for that workweek.
Misuse of Position:
A. Covered Persons are prohibited from, whether corruptly or not, using or attempting to use
his or her position or any property or resource which may be within his or her trust, or
perform his or her official duties, to secure a special privilege, benefit or exemption for
himself, herself, or others. "Corruptly" means done with a wrongful intent and for the
purpose of obtaining, or compensating or receiving compensation for, any benefit
resulting from some act or omission of an official or employee which is inconsistent with
the proper performance of his or her public duties.
B. Specifically, an employee shall not use his or her official position, or take or fail to take
any action, or influence others to take or fail to take any action, in a manner which he or
she knows or should know with the exercise of reasonable care will result in a special
financial benefit, not shared with similarly situated members of the general public, for
any of the following persons or entities:
Himself or herself;
His or her spouse or domestic partner, household member or persons claimed as
dependents on the official or employee's latest individual federal income tax return,
or the employer or business of any of these people;
A sibling or step-sibling, child or step-child, parent or step-parent, niece or nephew,
uncle or aunt, or grandparent or grandchild of either himself or herself, or of his or
her spouse or domestic partner, or the employer or business of any of these people;
An outside employer or business of his or hers, or of his or her spouse or domestic
partner, or someone who is known to such official or employee to work for such
outside employer or business;
A customer or client of the official or employee's outside employer or business;
A substantial debtor or creditor of his or hers, or of his or her spouse or domestic
partner—"substantial" for these purposes shall mean at least ten thousand dollars
($10,000.00) and shall not include forms of indebtedness, such as a mortgage and
note, or a loan between the employee and a financial institution;
A civic group, union, social, charitable, or religious organization, or other not for
profit organization of which he or she (or his or her spouse or domestic partner) is an
officer or director.
N
Neglect of Duty: Personnel shall not fail to give suitable attention to the performance of
duty. Examples of neglect of duty include but are not limited to: Failure to take appropriate
action on the occasion of a crime scene, disorder, or other act or condition deserving
attention; Absence without Leave; Unnecessary absence from one's assignment during a tour
of duty; Failure to report for duty at the time and place designated; Failure to perform duties;
or engaging in any activity or personal business which would cause on e to be inattentive to
duty.
Notices - Posting/Circulation/Destruction/Defacing: Personnel shall not destroy or deface
any official written Notice/Memorandum posted relating to Village business. The posting of
Chapter 13 – Page 16
any non-official Notice/Memorandum of derogatory character relating to Village activity is
prohibited.
O
Obedience to Orders: Personnel shall obey and fully execute any lawful order, written or
oral, given by a supervisor, which shall include but not necessarily be limited to these work
rules, policies and procedures of the Village. The term "lawful order" shall be construed as
any order in keeping with the performance of any duty prescribed by law or by these rules, or
for the preservation of good order, efficiency and proper discipline, which is not in conflict
with these rules or Village procedures.
Official Document-Destroying: Employees will not destroy or permanently remove from its
proper location any official record without proper authorization.
P
Payment of Debts: Personnel shall not willfully or negligently fail to pay all just debts and
legal liabilities when due. Personnel should not undertake any financial obligations, which
they know or should know they will be unable to meet. Personnel shall not co-sign a note for
any supervisor.
Payment for Personal Injury: Employees will not accept or agree to accept anything as
payment for personal injury or property damage incurred in the line of duty without first
notifying their Department Director, unless per a lawfully instituted legal action.
Personal Appearance: Personnel on duty shall wear uniforms or other clothing in
accordance with established Village policy. Personnel on duty shall maintain a neat, well -
groomed appearance and shall style their hair according to established Village policy.
Political Activity: Personnel are permitted to engage in political activities that fall within the
first amendment protections and shall not be restricted in this right except where in conflict
or violation of Federal, State or local law.
Political, Religious, or Discriminatory Discussions: Employees will not use remarks that
degrade national origin, sex, age, color, creed, beliefs, or physical handicaps.
Possession/Use of Controlled Substances: Personnel shall not possess or use any controlled
substance, except with the approval and guidance of a licensed physician and with the
knowledge of a supervisor. At no time may any personnel of the Village be under the
influence of a controlled substance where such use or influence impairs or compromises the
Village.
Possession/Use of Alcohol: Personnel shall not possess or consume alcoholic beverages
while on duty. Personnel shall not report for duty, or be on duty, while under the influence of
alcoholic beverages to any degree whatsoever, or with an odor of alcoholic beverages on
their breath.
Promptness: Employees will report for work at the time and place specified, properly attired
and equipped.
Property, Damage/Loss of Village:
Chapter 13 – Page 17
A. Damaged Village property will be reported to supervisors as soon as possible after the
incident occurs via memo.
B. Lost or stolen Village property including Village equipment, radios, badges, ID Cards,
keys, uniforms, etc., will be reported as follows:
1. Employees will immediately make verbal notification of the incident to their
supervisor.
2. As soon as possible after making verbal notification, employees will prepare a written
report and submit it to their supervisor.
Note: The written report will include the property's description and circumstances
surrounding the loss or theft.
3. Supervisors will send a copy of the report to their Department Director for filing and
future reference.
Professional Demeanor: Employees will not demonstrate a lazy disposition such as
lounging about or placing their feet on desks or other furniture in public view.
Prohibited Association/Frequenting: Personnel shall not frequent or associate with
person(s), organizations or places that they know, or should know, are under criminal
investigation or indictment, or that have a reputation in the community or Village for present
involvement in felonious or criminal activity, or where unavoidable because of other
personal relationships with personnel.
Public Statements and Appearances:
A. Personnel shall not publicly criticize or ridicule the Village, its policies or other
personnel by speech, writing or other expression, where such speech, writing or other
expression is defamatory, obscene, unlawful, which undermines the effectiveness of the
Village, interferes with the maintenance of discipline, or is made with reckless disregard
for truth or falsity.
B. Personnel shall not address public gatherings, appear on radio or television, prepare any
article for publication, act as correspondents to a newspaper or periodical, release or
divulge any other matters of the Village while holding themselves out as representing the
Village in such matters without proper authority.
Public – Relationship with the: Employees will avoid giving the impression they are
evading the performance of their duty or disinterested in problems of persons who may be
referred elsewhere for service. Employees will not belittle a seemingly trivial request,
complaint, or piece of information, but will thank the person regardless of the information
received.
Public - Courtesy to the: Employees will be courteous when dealing with the public,
avoiding conduct, which conveys disinterest or disrespect.
R
Recall to Duty: Off-duty employees will report for duty immediately upon receipt of orders
to do so.
Chapter 13 – Page 18
Relief: Except in emergencies, employees will not leave their assignment without bei ng
properly relieved. If not properly relieved, employees will notify their on -duty supervisor as
soon as possible.
Rendering Assistance: Employees will take applicable action without delay, to aid another
law enforcement officer or employee exposed to impending danger.
Reporting for Duty: Personnel shall report for duty at the time and place required by
established schedules, special assignments, or orders. Personnel shall be physically and
mentally fit to perform their duties and they shall be properly equipped and cognizant of
information required for the proper performance of duty so that they may immediately
assume their duties.
Reporting Illness:
A. Employees unable to report for duty due to illness must notify their supervisor or other
competent authority at least one hour before their scheduled reporting time.
B. Ill or injured employees on sick leave will remain at home during their regularly
scheduled duty hours except for viable medical reasons, voting, attending religious
establishments, or at their supervisor's discretion.
C. If sick leave abuse is suspected or excessive sick leave use occurs, supervisors may
require an employee provide a physician's note explaining the employees illness. Any
medical consultation for an employee's illness is at the employee’s expense.
D. Employees will not pretend illness or injury, falsely report themselves ill or injured, or
otherwise deceive or attempt to deceive a supervisor as to their health.
S
Sleeping While On Duty: Employees will remain awake and alert while on duty. If unable
to do so, they will advise their supervisor who will determine the proper course of action.
Solicit/Engage in Sexual Activity or Conduct:
A. On-duty employees will not solicit or engage in sexual activity.
B. Employees will not solicit or engage in sexual activity with inmates or in -custody
persons or knowingly initiate sexual activity with subjects or witnesses of a criminal
investigation.
Soliciting Influence: Employees will not solicit the aid of persons or groups outside the
Village for assistance in the procurement of transfers, duty assignments, or promotions.
T
Telephone: Personnel shall have telephones in their residences, and immediately report any
changes of telephone numbers or addresses to their supervisors and to such other persons as
is required. They shall not at any time disconnect or cause to be disconnected for any period
of time the phone line to the residence or use an answering service or recorded message
service when in residence for the purpose of delaying response to communication with this
Village.
Chapter 13 – Page 19
Training Schools, Conduct While Attending:
A. Employees will attend in-service training if scheduled.
B. Official uniforms or civilian clothing conforming to Village standards will be worn.
C. Employees will comply with all rules and instructions regulating their conduct while
attending school and with the firearms instructor's directions regarding their conduct on
the range.
D. Employees attending approved training will not leave the training unless excused by the
instructor. Employees will immediately notify their supervisor of any absences during
scheduled training hours.
Travel Expenses: No employee shall accept, directly or indirectly, any travel expenses
including, but not limited to, transportation, lodging, meals, registration fees and incidentals
from any municipal contractor, vendor, service provider, bidder or proposer as applicable.
The Village Council may waive the requirements of this subsection by a majority vote of the
Village Council. The provisions of this subsection shall not apply to travel expenses paid by
other governmental entities or by organizations of which the municipality is a member if the
travel is related to that membership.
U
Unbecoming Conduct: Members and employees shall conduct themselves at all times, both
on and off duty, in such a manner as to reflect most favorably on the Village.
A. Conduct unbecoming a member or employee shall include any conduct which brings
the Village into disrepute or reflects discredit upon the member, the employee, or the
Village.
B. It also includes any conduct, which impairs the operation or efficiency of the Village,
or any member or employee.
Undesirable Establishments - Frequenting: Employees will not knowingly visit, enter, or
frequent a house of prostitution, gambling house, or establishment where Village ordinances
or Florida Statutes are violated.
Unfit for Duty: Employees found unfit for duty or improperly attired or equipped may be
relieved from duty by their supervisor. Any loss of time will be deducted from the
employee's salary and disciplinary action initiated if applicable.
Unlawful Order: Employees given unlawful orders will respectfully refuse to obey them
and explain their reason. At an appropriate time, employees will submit a report to a higher
authority via chain of command.
VWXYZ
Chapter 13 – Page 20
Village Equipment - Use of: Personnel shall utilize Village equipment only for its intended
purpose, in accordance with established procedures, and shall not abuse, damage or lose
Village equipment. All Village equipment issued to employees shall be maintained in proper
order. Any damage to or loss of Village equipment shall be handled in accordance with
Village directives.
Village Property - Reporting Damage: Personnel shall immediately report all damage to
vehicles and equipment and file a report which contains all known facts surrounding the
cause and nature of the damage, in accordance with Village policy. In the event that Village
property is found bearing evidence of damage which has not been reported, it shall be
deemed to suspect the last person using the vehicle or property of causing the damage.
Village Property Restrictions - Use of: Physical objects issued by the Village to employees
or members will remain Village property and be subject to all policies and procedures on
property as follows:
A. Employees will be responsible for the safekeeping and care of Village property used by
them.
B. Property will be used only for official purposes and in the capacity it was intended.
C. Property will not be transferred from one employee to another without the permission of
the employee's supervisor.
D. Village equipment (in storage or assigned to an individual) will be maintained in a state
of operational readiness.
E. Employees will not take, borrow, or use any private or confiscated property for their
personal use without proper authorization.
Village Reports and Records: Personnel shall submit all necessary reports on time and in
accordance with Village directives, and all reports submitted shall be truthful and complete.
Village Standards - Meeting:
A. Employees will perform their duties properly and assume the responsibilities of their
positions.
B. Employees will perform their duties in a manner, which tends to establish and maintain
the highest standards of efficiency, competency, and professionalism in carrying out the
functions and meeting Village objectives.
C. Failure to meet Village standards includes, but is not limited to:
1. Lack of knowledge of laws and procedures relevant to the performance of duty
2. Unwillingness or inability to perform assigned duties or satisfy standards of
performance established for the position
Village Vehicles-Operation: Personnel shall operate official vehicles in a careful and
prudent manner, and shall obey all laws and general orders pertaining to such operation. Loss
or suspension of any driving license shall be reported to the Village immediately.
Chapter 13 – Page 21
Village Correspondence: All Village personnel shall obtain approval from their department
director or designee prior to distributing “official” written correspondence outside the
agency.
A. Only approved Village letterhead will be utilized.
B. All “inter-office” correspondence should be placed on the established Village
memorandum form.
C. Inter-office correspondence is described as that written correspondence conducted
between Village personnel.
D. No third party communication is to be disseminated outside the agency without the
expressed consent of the authoring agency/jurisdiction.
Village Literature-Keeping Informed of:
A. Employees will read and understand all applicable Village literature including, but not
limited to:
1. Policies and procedures
2. General Orders
3. Administrative Orders
4. Training and legal bulletins
5. Village ordinances
6. State and federal laws
B. Employees with questions regarding Village literature will request assistance from their
supervisor.
Violations of Regulations-Reporting: Employees with knowledge of an employee or
member in violation of Village regulations, rules, laws, or ordinances will report the
violation to their immediate supervisor or watch commander as soon as practical.
Visiting a Lounge/Bar While On-Duty: On-duty employees will not enter or visit any
cocktail lounge, beer parlor, or place where the sale of alcoholic beverages for consumption
on the premises is the primary business.
13.4.8 Investigation Procedures:
A. Initiation of Investigation: Investigations are initiated based upon a variety of factors
including as a result of an employee report or complaint, audit results, or other sources.
Depending on the source and nature of the issue, an Internal Investigation may be
conducted by the Village Manager or his/her designee.
B. Internal Investigations: Employees will be contacted to provide information for the
Internal Investigations conducted by the Village. The person assigned to the
investigation will notify an employee’s immediate supervisor if an employee must be
absent from the work area to provide information or assist in the investigation. However,
the supervisor may not be made aware of the details of the investigation by the Village if
he or she does not have a relevant or legitimate need to know. Any interviews will be
Chapter 13 – Page 22
scheduled so as not to unduly disrupt the workload of the department to the extent
possible.
External Investigations:
1. Employees may be made aware of External Investigations conducted by State,
Federal or Local agencies. Where the Village is made aware of the External
Investigation, the Village Manager will coordinate with the Village Attorney to
facilitate employee interviews or requests for information.
2. Where authorized by the agency conducting the External Investigation, the Village
Attorney will be present at any interviews or review of documents in his/her sole
discretion, with input from the Village Manager, to protect the Village’s interests.
Additionally, all employees may, and should, request that the Village Attorney be
present at all interviews. If a request is denied by the External Investigator, the
employee generally has the right to terminate the interview until he or she has an
opportunity to consult with the Village Attorney or his/her own personal attorney.
3. The Village cooperates fully with External Investigations and other requests for
information in accordance with applicable law. If an employee is contacted directly
by a Federal, State, or Local agency regarding his or her work or affiliation and/or
knowledge of the Village, the employee should not feel pressured to speak with the
investigator without first contacting the Village Manager, who may also consult the
Village Attorney. Employees have the right to:
Speak with the investigator
Request that the interview take place at a time and place that is convenient
Have the Village Attorney present or personally retained legal counsel
Terminate the interview at any time
Refuse to answer any questions
Refuse to allow audio recordings of the interview
4. If an employee speaks with an investigator, the Village expects the employee to be
truthful and to avoid speculation in responding to inquiries. Employees must respond
with accurate and truthful information. In accordance with Florida law, employees
are prohibited from concealing, destroying or altering documents.
5. Interviews with external investigators may have a substantial legal effect and may
impact the employee’s legal rights and those of the Village. Employees should
always be polite and obtain the following information before speaking with an
External Investigator:
Business card of all investigators/persons present
Reason for the visit
Obtain copy of subpoena, warrant or court order requiring production of the
information requested, if any
Request to see the investigator’s badge (e.g. for law enforcement, Dep artment of
Labor, etc.)
Confirm whether you are the subject of the investigation
6. Employees presented with a subpoena, warrant, or court order must immediately
notify the Village Manager who will contact the Village Attorney.
Chapter 13 – Page 23
APPROVED
Ed Green
Village Manager
Chapter 13 – Page 24
ACKNOWLEDGMENT OF RECEIPT
VILLAGE OF NORTH PALM BEACH
DISCIPLINE, CONFLICTS OF INTEREST
AND CODE OF ETHICS POLICY
I, the undersigned Village of North Palm Beach Employee, state that I have received the Village’s
Discipline, Conflicts of Interest and Code of Ethics Policy and shall abide by all of the Villages
approved procedures contained therein. I understand that it is my responsibility to read and understand
the procedures contained within this policy. I also understand that this policy is not intended to serve as
a contract, either express or implied, and that the Village has the right to revise, discontinue, suspend, or
modify any of the procedures contained herein at any time at its sole discretion, and that all such
changes will be binding upon all employees. This document is not intended as legal advice or a solution
to an individual problem.
Print Name:_____________________________
Signed:_________________________________
Date:_______________________
Chapter 14 – Page 1
Village of North Palm Beach
Number: 10-01
Subject: Grievance
Procedures
Date: January 27, 2010
Revised: Section 14 NPB
Policy Manual
POLICY AND PROCEDURES MANUAL REVISION
14.0 GRIEVANCE PROCEDURES
14.1 Policy: This grievance procedure is established to provide full opportunity to employees to
bring to the attention of management any complaints, grievances, or situations that the
employee feels need adjustment or for information. Good management practices recognize
that a carefully designed grievance/complaint resolution process can help to reduce personnel
dissatisfaction, improve morale, identify problems in the organization, and increase a
positive perception employees have of the organization. It is the intent and desire of the
Village to address complaints or grievances informally and both supervisors and employees
are expected to make every effort to resolve problems as they arise. However, it is
recognized that there will be grievances which will be resolved only after a complete review.
The submission of a grievance by an employee shall in no way adversely affect the employee
or his/her employment with the Village. All grievances that are brought to the attention of
management will be resolved in accordance with the grievance procedures in the applicable
collective bargaining agreement. Employees who are in the excepted work class will use the
procedures outlined in this section.
14.2 Causes of Grievances: An employee may file a grievance for an alleged violation of a
policy or work regulation.
14.3 Grievance Administration: The grievance of matters and concerns of department
members/employees shall include, but not be limited to:
A. Identification of matters that are grieved for (scope) and the levels in the agency or
government to which the grievance may be filed and/or appealed.
B. Establishment of time limitations for filing or appealing the grievance to the next level.
C. A description of the type of information to be submitted when filing a grievance.
D. Establishment of procedural steps and time limitations at each level in responding to
grievances or appeals.
E. Establishment of criteria for employee representation.
14.4 Coordination of Grievances and Records:
Chapter 14 – Page 2
A. The Human Resources Director, unless otherwise designated by the Village Manager,
will be responsible for the coordination of grievance procedures in conjunction with the
Human Resource Department.
B. The Director or designee shall maintain Village records pertaining to grievances filed by
or on behalf of Village employees. The grievance and associated records may be
reviewed by the following:
1. The employee who filed the grievance.
2. Persons named in the grievance.
3. The Village Manager.
4. The Director of Human Resources or designee.
5. A member of the established bargaining unit who assisted the employee in filing the
grievance or filed the grievance on behalf of the employee.
6. Other persons who have access as required by applicable state law.
14.5 Information Contained in Grievance:
A. The following information should be contained in a grievance when filed:
1. A statement of the grievance and the facts upon which it is based.
2. An allegation of the specific wrongful act and harm done.
3. A statement of the remedy or adjustment sought. Significant times, dates and actions
taken relative to the grievance must be included.
B. All records of grievances filed shall be strictly maintained in an access-controlled file.
14.6 Processing a Grievance: In order to assure every employee of a method in which they can
get their particular grievance considered rapidly, fairly, and without reprisal, the following
steps are provided:
STEP 1: The aggrieved employee shall, within three (3) working days of the incident,
discuss and explain his/her grievance orally with the immediate supervisor who
may call higher level supervision into the discussion in an effort to achieve a
prompt satisfactory adjustment. The immediate supervisor will make a decision
and notify the employee within five (5) working, days after the discussion with
the employee.
STEP 2: If the aggrieved employee feels that the matter has not been settled or adjusted to
his/her satisfaction by his/her immediate supervisor, he/she may submit the matter
in writing to the department head within five (5) working days after the
conclusion of Step 1. The department head will schedule and conduct a meeting
within five (5) working days after receipt of the written grievance with the
employee. The department head shall give a written answer within five (5)
working days after the scheduled meeting as to the resolution of the grievance.
STEP 3: If the grievance is not resolved by the department head the employee may appeal
in writing to the Village Manager within five (5) working days after the reply by
the department head was rendered. The Village Manager shall within ten (10)
working days reply to the grievance in writing. The Village Manager's decision
shall be final.
Chapter 14 – Page 3
14.7 General Provisions of the Grievance Procedure:
A. Any grievance shall be considered settled at the completion of any Step, unless it is
appealed by either party within the time limits set forth. It is hoped that the great
majority of grievances will be satisfactorily settled in the first or second step.
B. A copy of all grievances and appeals shall immediately be sent to the Village Manager.
C. All grievances at their conclusion shall be forwarded to the Human Resources Director
for coordination, analysis and filing.
D. The time limits as set forth in this grievance procedure for management response shall
remain the same for all employees regardless of the work week or scheduled hours per
week. If the response time limits falls on an employee's day off, the reply by
management shall be given to the employee on his/her next scheduled workday.
E. These time limits maybe extended upon mutual agreement between the grievant and the
Village Manager.
APPROVED
Jimmy Knight
Village Manager
Chapter 15-Page 1
15.01 TYPES OF SEPARATIONS:
Separations and/or terminations of employment from positions shall be designated as one
of the following types:
a. Resignations
b. Retirement
c. Disability
d. Death
e. Layoff
f. Discharge
15.02 RESIGNATION:
Resignation is the separation of an employee from the Village service through the
submittal of a written notice expressing a desire to resign by employee wishing to leave
the Village service in good standing shall notify his immediate supervisor at least two (2)
weeks before leaving. Department heads shall provide thirty (30) days notice. Failure to
provide sufficient notice may be cause for denying such employee re-employment by the
Village.
Employees who terminate from Village employment shall not be eligible for
reemployment with the Village for six (6) months following their date of termination,
unless approved by the Village Manager.
15.03 RETURN OF VILLAGE PROPERTY:
At the time of separation and prior to receiving final compensation due, all records,
books, assets, uniforms, keys, tools and other items of Village property in the employee's
custody, shall be returned to the department. Money or Village property due the Village
because of any shortages shall be collected through appropriate action.
15.04 DISABILITY:
An employee may be separated for disability when the employee cannot perform the
required duties because of a physical or mental impairment. In all cases, such separations
shall be supported by medical evidence acceptable to the Village Manager. The Village
15. SEPARATIONS, SENIORITY, LAYOFF AND RECALL
Chapter 15-Page 2
may require examinations at its expense to be performed by Physicians of its choice. Such
examinations may include physical and or medical evaluations, as well as the completion
of current medical history reports.
15.05 DEATH:
Separations shall be effective as of the date of death. All compensation due to the
employee as of the effective date of separation shall be paid to the beneficiary of record,
surviving spouse, or to the estate of the employee as determined by Florida Statutes.
15.06 SENIORITY, LAYOFF AND RECALL PROCEDURES:
By the direction and authority of the Village Council, an employee or employees may be
laid off when deemed necessary by reason of shortage of funds, lack of work, the
abolition of the position, or other material changes in the duties or organization, or for
related reasons which are outside the employee's control and which do not reflect
discredit upon the service of employees. The duties performed by any employee laid off
may be reassigned to other employees already working who hold positions in appropriate
classifications.
1. Types of Seniority:
a. Village Seniority
Village Seniority is understood to mean the length of time served since an
employee's most recent date of full-time re-employment with the Village.
Seniority shall continue to accrue during all types of leave except for leaves of
absence without pay for thirty (30) consecutive calendar days or more which
shall cause the employment date to be adjusted for an equivalent amount of
time. Leaves of absence without pay for periods of less than thirty (30)
consecutive calendar days shall not cause the Village employment seniority
date to be adjusted. Employees suffer no loss of Village seniority while on
leave of absence without pay due to illness or injury for a period not to exceed
twelve (12) months.
Village seniority shall be used for purposes of computing annual leave
accrual, longevity, and other matters deemed appropriate based on length of
service.
b. Classification Seniority
Classification seniority shall be defined as the length of time an employee
services in full time status in a particular classification. Upon successful
completion of the probationary period, seniority in classification reverts to
date of entry, transfer or promotion into a classification. Seniority will
Chapter 15-Page 3
continue to accrue during all types of leave except for leaves of absence
without pay for thirty (30) consecutive days or more which shall cause this
date to be adjusted for an equivalent amount of time. Leave of absence of
without pay for periods of less than thirty (30) consecutive calendar days shall
not cause the classification seniority date to be adjusted. Employees having a
minimum of five (5) years of Village seniority shall suffer no loss of
classification seniority while on a leave of absence without pay due to illness
or injury for a period not to exceed twelve (12) months.
Classification seniority shall be used in conjunction with job classifications
for purposes of layoff, recall and other matters deemed appropriate based on
length of service in a classification.
c. Loss of Seniority
Employees shall lose their seniority as a result of the following:
1. Resignation
2. Retirement
3. Termination for cause
4. Layoff exceeding six (6) months
5. Failure to report to the department head, in writing, an intention of
returning to work within fourteen (14) calendar days of the date
indicated on the return receipt verification of certified mail
transmitting the recall offer notice.
6. Failure to acknowledge certified mail receipt of properly addressed
certified recall notice fourteen (14) calendar days from date of
attempted delivery for any reason, from the attempted delivery date of
employee who has been laid off.
7. Failure to return from military leave within the time limits prescribed
by law (see Section No. 9.02.09).
8. Failure to return from an authorized leave of absence upon the
expiration of such leave.
d. Seniority Records
It shall be the responsibility of the Village Manager to establish and maintain
classification and Village-wide seniority records of all employees.
b. La yoff Procedures
1. Order of Layoff
Chapter 15-Page 4
When it becomes necessary to reduce the number of employees within a given classification
and within a given department through a shortage of funds, lack of work, or other causes,
employees shall be laid off in the following order:
a. Temporary Part-time
b. Temporary Full-time
c. Probationary Employees (New)
d. Regular Part-time
e. Probationary Employees (Promotion)
f. Regular Full-time
2. Layoff Criteria and Procedures
a. Temporary employees in the affected department shall be laid off first and
shall not have recall rights. Employees will be laid off from a classification in
the inverse order of their length of service in that classification.
b. Probationary employees in the affected department shall be laid off nest
without recall rights unless they were promoted into the classification, in
which case, they shall be eligible to be returned to the classification from
which they vacated, and placed on the seniority list in line with their previous
classification seniority.
c. Regular part-time employees in the affected department shall be laid off next
in any affected classification and shall not have recall rights. Employees will
be laid off from a classification in the inverse order of their length of service
in that classification.
d. Layoffs of regular full-time employees shall be based on seniority with the
least senior employees in the classification and department being laid off first,
provided the following factors are substantially equal:
1. Sufficient ability and qualifications to perform the work (tests may be
given).
2. Performance evaluation
3. Physical condition and job attitude. In the event of the substantial
inequality of these factors as between employees in the same
classification and department, the employee with the higher values of
factors 1, 2 and 3 in the aggregate, shall be retained.
e. Only regular full-time employees laid off shall be recalled to the classification
and department from which they were laid off, in the reverse order in which
they were laid off.
Chapter 15-Page 5
c. Recall Procedures
1. Regular full-time employees laid off shall have precedence for recall to their
classification over new applicants for a period of six (6) months. Laid off employees
recalled within six (6) months shall have their seniority restored. If re-employed after six
(6) months, the employee shall be treated as a new employee.
2. Employees laid off under the provisions of Section 15.06, subsection b, paragraph 2 shall
be recalled in the reverse order in which they were laid off.
3. The Village will offer recall to laid off employees by certified mail to the last known
address on file with the department head. If without good cause, the employee fails to
return to work within fourteen (13) calendar days of the date indicated on the return
receipt verification, the laid off employee will be terminated.
4. Recall will be offered to laid off employees provided they are physically and mentally
qualified to perform the duties of the job. A laid off employee, when offered recall, who
is temporarily unable to accept due too medical reasons, may request a leave of absence
without pay not to exceed thirty (30) calendar days.
d. Discharge
Dismissal for cause of an employee, according to Regulation No. 13, shall result in the loss
of re-employment privileges.
Chapter 16-Page 1
16.01 PARTICIPATION:
All employees have the right to organize, join and participate in, or to refuse to organize,
join or participate in, any employee organization freely and without fear of reprisal or
penalty.
16.02 COLLECTIVE BARGAINING AGREEMENTS:
Employees covered under a collective bargaining agreement shall also be subject to the
Personnel Regulations of the Village. If any conflicts occur between the agreement and
the Village Personnel Regulations, the collective bargaining agreement shall be the
governing factor in all cases even though the rights of benefits may be greater or lesser
than provided for in the Personnel Regulations of the Village.
16. PARTICIPATION IN EMPLOYEE ORGANIZATIONS
Chapter 17-Page 1
17.01 POLICY STATEMENT:
The employment of relatives is not encouraged and will be maintained at a minimum to
be consistent with sound management. The Village will comply with Florida Statutes on
anti-nepotism.
17.02 DEFINITION OF RELATIVE:
The term “Relative” with respect to a public official, means an individual who is related
to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-
in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half-brother, or half-sister.
17.03 SUPERVISORY RELATIONSHIP:
After the effective date of this policy, approval will not be granted for the employment,
promotion, or transfer of a relative of the employee to a position in the same department
or division where one would be in a supervisory or administrative capacity over the other.
17. EMPLOYMENT OF RELATIVES
Chapter 18-Page 1
18.01 GENERAL STATEMENT:
Outside employment or business activity on the part of a regular full-time employee shall
be subject to written approval of the department head and Village Manager in order to
prevent situations that conflict with or are detrimental to Village employment. Failure to
comply with this policy may result in disciplinary action.
18.02 CONSIDERATION FOR APPROVAL OF OUTSIDE EMPLOYMENT:
Approval for outside employment will be limited by any of the following provisions:
a. Outside employment shall not interfere with or be in conflict with the proper
performance of employee's duties with the Village.
b. Association with any business considered as haying a questionable reputation that
would reflect unfavorably upon the employee or the Village.
c. Association with any firm owned or operated by another Village employee within
the same division or shift.
d. Employee shall not be a principal or in a position of influence in a firm doing
business with the Village.
e. Employee shall not have or hold any employment or contractual relationship with
any business entity or agency which engages in business or contractual agreement
with the Village, in compliance with Florida Statutes regarding conflict of
interest.
18.03 FINAL APPROVAL:
Final approval is subject to the review and approval of the Village Manager. It is further
understood that approval may be canceled at any time by the Village Manager upon ten
(10) days written notice to the employee, due to violations of the provisions of Section
18.02.
18. OUTSIDE EMPLOYMENT OR BUSINESS ACTIVITY
Chapter 19-Page 1
19.01 INTENT:
The Personnel Regulations state it to be in the public interest and of governmental benefit
to remove career employees from the arena of partisan political activity. Florida Statutes,
Chapter 104.31, impose certain restrictions on the political activities of state, county and
municipal officers and employees. All Village employees are permitted to hold
membership in and support a political party, or maintain neutrality. After work hours
employees may undertake active political roles, attend meetings, support candidates and
work in campaigns, with the exceptions noted for Village elective office.
19.02 PROHIBITIONS:
a. No person shall promise, attempt, or use political position, influence or coercion in an
effort to erode the merit system nature of the Village work force by patronage or
favoritism for past or future political influences or services, either implied or actual.
b. Employees shall not take an active political role on behalf of any candidate or
incumbent for Village elective office during working hours.
19.03 VILLAGE ELECTIVE OFFICE CANDIDACY:
A Village employee who becomes a candidate for an elective Village office shall, at the
time of formally qualifying, resign in good standing from the Village service.
19.04 OTHER ELECTIVE OFFICE CANDIDACY:
A Village employee may be a candidate and elected to public office, other than the
Village of North Palm Beach, and continue in the service and shall not be required to
resign.
19.05 PENALTIES:
Violations of these restrictions may result in disciplinary action including discharge, as
determined by the disciplinary procedures in Section 13 of the Personnel Regulations.
19. POLITICAL ACTIVITY RESTRICTIONS
Chapter 20-Page 1
20.01 RETIREMENT:
All full-time Village employees are eligible to join the Retirement Plan. Details of said
plan are contained in the General Fund and Public Safety Retirement Ordinances.
20.02 DEPARTMENT RULES:
Department heads are authorized to promulgate in writing rules additional and
supplemental to these rules provided they are not in conflict with these rules and are
approved by the Village Manager prior to notification to employees and publication. All
such rules shall be approvable, amendable, and revocable by the Village Manager.
20.03 RECORDS:
The Village Manager, or designee, shall maintain the personnel records of each
employee. Such records shall include a personnel file for each employee giving basic
vital statistics, disciplinary actions, employee appeals, official acts involving the
employee, any examination records, and the employment record. The records of
terminated employees shall be retained for fifty (50) years. Applications for employment
shall be retained for two (2) years and may then be destroyed at the discretion of the
Village Manager.
20.04 PERSONNEL REGULATIONS:
These Personnel Regulations supersede any previous regulations adopted by the Village
Council and shall become effective upon adoption by Resolution of the Village Council.
20.05 SEVERABILITY:
If any chapter, section, paragraph, sentence, clause, phrase, or word of these Personnel
Rules and Regulations is for any reason held by a Court to be unconstitutional,
inoperative or void, such holdings shall not affect the remainder of these Rules and
Regulations.
20. MISCELLANEOUS PROVISIONS