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Personnel Rules & Regulations Manual * j-~ ~ ~ "'=~ ~.Tr_ ~w~~ VILLAGE OF l~TORTH PALM BEACH ~..- PERSONNEL RULES AND REGULATIONS ADOPTED BY RESOLUTION 29-97, MAY 8, 1997 Effective June 1, 1997 `_ 1:ESOLLZ~IL7~~ ?~~-97 A RESOLUTION OF TEiE VILLAGE COUNCIL OF THE ~-"ILLAGE OF NORTH PALS( BEACH, FLORIDA, ADOPTING PERSONNEL RULES AND REGULATIONS FOR Z~t-iE VILLAGE OF NORTH PALLi BEACH ATTACHED AS EXHIBIT "A"; AND, PROVIDNG FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PP.1.iv1 BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beacli, Florida does hereby adopt Personnel Rules and Regulations for the Village of North Palm Beach, which rules +nd regulations are attached to this Resolution as Exhibit "A". Section 2.' This Resolution shall take effect June 1, 1997. PASSED AND ADOPTED THIS 8th DAY OF MAY , 1997. `~ ~ MAYOR (Village Seal) ATTES`T': VILLAGE CLETLK T:~BLE OF CONTENTS ,;HAPTER TITLE PAGE 1 GENERAL PROVISIONS ...................... .. 1 2 DEFINITIONS . .............. .... . . . ... .... . . . 2 3 ORGANIZATIONS & FUNCTIONS ...... ... . . ..... . . .. 5 4 COMPENSATION ..................... 6 S.O1 RECRUITMENT, SELECTION AND EMPLOYMENT .. 10 5.02 AMERICANS WITH DISABILITIES ...... . . . . ... ... . . . 14 5.03 ADA GRIEVANCE PROCEDURE ....... .. .. ..... . . . . 16 6 PROBATIONARY PERIODS .......... . . . . ..... . . .. 18 7 HOURS OF WORK ........................... 19 8 OVERTIME ................................ 20 ~- 9.01 FAMILY AND MEDICAL LEAVE ...... . . . . . .... . . . . 21 9.02 OTHER LEAVE POLICIES ........... . . . . . .... . . . . 26 9.03. SICK LEAVE REIMBURSEMENT ......... ......... 34 10.01 SAFETY AND WORKERS' COiY1PENSATION ........ 36 10.02 DRUG-FREE WORK PLACE ...................... 38 11 TRAINING ...................... . : ...... .. .. 39 12.00 PAY FOR PERFORMANCE ....................... 41 12.01 POLICY STATEMENT .. ............ . . . . . . .... . . . 42 12.02 PERFORMANCE EVALUATION POLICY .... . .... . . . . 44 12.03 DISTRIBUTION OF FUNDS POLICY ..... _ ...... 47 13 DISCIPLINE .. .................... ...... .. 49 14 GRIEVANCE PROCEDURE .............. . . ..... . . . S2 ~., 1S SEPARATIONS, SENIORITY, LAYOFF AND RECALL .. . . . . S4 16 PARTICIPATION IN EMPLOYEE ORGANIZATIONS .. . . . . S9 1 ~ E~iPLOY~IENT OF RELATIVES 60 i e OUTSIDE E~iPLOYLiENT OR BUSINESS ACTIVIT'Y' 61 I9 POLITICAL ACTIVITY RESTRICTIONS ............. .. 62 20 tifISCELLANEOUS PROVISIONS ... .... 63 APPENDIX I APPLICATION FOR FAMILY AND MEDICAL LEAVE .... . . 64 APPENDIX II SALARY SCHEDULE . .. ... . . ...... .. . ....... . .. 65 1. GE\~ER_~I, PRO~-ISIONS (, 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 AtiLENDiVIENT OF REGULATIONS: Amendment of subject Rules and Regulations may from time to time be proposed by the Village iVlanager and approved by Resolution of the Village Council. 1.04 EQUAL EyIPLOYNfENT OPPORTUNITY: There shall be no discrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any other personnel action because of political or religious opinions or affiliations, or because of race, age, creed, gender, national origin, disability, or any non-merit factors. 1.05 HARASSl~1ENT - DISCRI'i IINATION: Every employee of the Village of North Palm Beach, regardless of status, capacity or rank, is prohibited from engaging in discriminatory practices of any type. Whenever an employee is representing the Village of North Palm Beach, no discriminatory or derogatory reference, suggestion or act will be tolerated regarding another's race, religion, ethnic origin, gender, age, or disability which embarrasses, harasses, offends or intimidates that other person. 1 i ?. DEFL~ITIONS 2.01 DEFLtiITION OF TER~IS• For the purpose of these regulations, 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 ~vith equity. e. Davis -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 ma~cimum 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. j. Full-time Employee - An employee who is designated as such and ~vho 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. 2 k. Houriv Employee - An employee whose job basis consists of a rate of pay for hours actually worked in a specific job class. k.1. Job Code-A control number assigned to each full-time position listed in the annual budget. 1. 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. 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 organizational change. n. 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, longevity. o. Pav Status -Time for which an employee is paid by the Village including ,,,,,. leaves with pay and workers compensation. p. Personnel Officer -Village Manager or his/her designee. q. 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. r. Probationary Employee - An employee who has not yet successfully completed the required probationary period as set forth in these regulations. s. 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. t. Regular Employee - An employee who is hired far continuous employment and has successfully completed the required probationary period as set forth in these regulations. 3 u. Seasonal Emolovee - A.n 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. v. Temporary Employee - An employee who is hired for a specific period not to exceed six (6) months. w. 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. x. Vacancy - A position duly created, established in the budget, and not currently occupied by an incumbent. y. Veteran -Applicants and employees who are entitled to veterans' preference as outlined in Florida Statutes. ~.- 4 3. ORGANIZATION A:YD FUNCTIONS 3.01 AliTHORITY: a. Village Charter, Florida Statutes, Federal Regulations and Fair Labor Standards Act (ELBA). 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. 5 ~~ 4. COI~IPENSATIO\ 4.OI PAYROLL PROCEDURE: Except for annual leave pay, , no employee shall be granted an advance on future pay. When a payday falls upon an official holiday, employees shall receive their checks on the nearest preceding workday. Employees ~vho terminate shall be paid for annual leave accrued through their last work day. 4.02 "yE`V-HIRE" RATE: The minimum rate established for a job class shall be paid upon employment, except that the "~,'ew-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 l~ianager. Approval will be based on the exceptional qualifications of the appointee or inability to employ adequate personnel at the minimum rate. 4.03 PAY RATES N TRANSFER. PROMOTION OR DE~IOTION• ~--- If an employee is transferred, promoted or demoted, his rate of pay for the new position shall be determined as follows: a. If the rate of pay in the former class is less than the minimum rate established for the class of the new position, the rate of pay shall be advanced to the minimum for the class, or increased five (~) percent, whichever is greater. b. If the rate of pay in the former class is more than the maximum rate established for the new class, the pay rate shall be reduced to no more than the maximum rate established for the new class. c. If the rate of the former class falls within the new grade of gay, the pay rate shall remain the same in the case of transfer; shall be increased up to five (5) percent, not to exceed the established budget, in the case of promotion and shall be adjusted to the rate of the new grade in case of demotion. 4.04 PAY CLASSIFICATION PLAN: a. Development and adoption of the Compensation Plan: The Village Council shall adopt by reference, the salary schedule as part of `" the Pay Classification Plan and made a part of these Rules and Regulations 6 ~~ .-~ppenditill. The rate or grade for each job class shall be based upon the differences in duties and responsibilities between job classes and shall be related to compensation for comparable positions in other places, public and pri~~ate employment, in the general geographical area in tivhich competition for available personnel may be affected, as prepared and submitted by the Village i/fanager. b. Factors in the Pav Classification Plan: A salary schedule shall be established as minimum and ma~cimums and shall be related directly to the pay classification plan and shall be determined with due regard to the following factors: 1) Educational requirements 2) Pay grades for other job classes 3) The relative difficulty, responsibility and hazards of the job class 4) The availability of employees in particular occupational categories 5) Prevailing rates of pay for similar employment in private establishments and other public jurisdictions, with the most weight being given to those sources which would be expected to compete with the Village for the available supply of personnel. 6) The consumer price index -- 7) Results of a generally accepted consultant study on compensation 3) The financial policies of the Village and other economic considerations c. Pay Grades: There shall be established by the Village Council a list of pay grades, the lowest of which shall be that established as the "minimum wage" approved by the Federal government. The highest grade shall be established by the Village Council. The difference in rate of pay from minimum to maximum, within a grade, shall be determined by ugdates of the Pay Classification Plan. 4.Oa" TRAVEL AND OTHER OFFICIAL EXPENDITURES: The prescribed rate of pay• does not include allowances for official travel or other expenditures incurred in the conduct of Village business, or allowances made to employees for the official use of privately-owned automobiles. Employees will be reimbursed for such expense in amounts established in the Village travel policy and in accordance with Florida Statutes. 4.06 CERTIFICATION AND LICENSE PAY: a. Purpose: To provide incentive and compensation for obtaining and maintaining certain recognized certifications and/or licenses which are required to perform particular tasks norrnally associated kith an employee's job responsibilities. b. Policy: The Village of North Palm Beach recognizes that some employees must obtain and maintain certain certifications and licenses from the State of Florida or similar agencies to perform particular tasks norrnally associated with an employee's job responsibilities. The Village also recognizes that the possession and maintenance of multiple certifications and licenses allows the Village greater flexibility in personnel assignments. c. Eligibility: Regular full-time and part-time employees employed by the Village a minimum of one hundred eighty (180) days who have obtained certifications or licenses required by the State of Florida or similar agencies and recommended for Certification and License Pay by their department head and approved by the Village Manager as being necessary or beneficial to the Village. d. Guidelines: The Village will pay to eligible employees a weekly incremental amount equal to an annual lump-sum amount determined by the Village Council for each certification approved by the Village Manager. The payment «zIl be made starting on October 1st of each year to eligible employees ~vho ~-- possess an approved certification or license issued prior to October lst. e. The following certifications and/or licenses are recognized by the Village as being required by the State of Florida to perform the associated task: 1) Building Code Administrator 2) Building Inspector 3) l~lechanicalInspector 4) Electrical Inspector 5) Plumbing Inspector 6) Building Plans Examiner 7) Mechanical Plans Examiner 8) Electrical Plans Examiner 9) Plumbing Plans Examiner 10) Building Refrigerant Repair 11) Automotive Refrigerant Repair 12) Pest Control {~~Iosquito) 13) Pesticide Applicator 4.07 LONGEVITY All regular employees employed at the time of adoption of these Personnel Rules and ~" Regulations, and effective October 1, 1997, shall have their current level of longevity 8 pay included in their base pay. Lon~e~~ty credits s~111 become an integral part of the Pay for Performance criteria outlined in Sections 12.00 through L.03 of these regulations. 4.08 ATTENDANCE AWARD PROGRA11~i All regular employees employed at the time of adoption of these Personnel Rules and Regulations, and effective on October 1, 1997, shall receive no attendance award compensation for minimal use of sick leave. Credit for minimal use of sick leave will become an integral part of the Pay for Performance criteria outlined in Sections 12.00 through 12.03 of these regulations. 4.09 SAFETY INCENTIVE AWARD All regular employees currently employed at the time of adoption of these Personnel Rules and Regulations, and effective October 1, 1997, shall no longer receive a safety incentive award. The safety incentive award will become an integral part of the Pay for Performance criteria outlined in Sections 12.00 through 12.03 of these regulations. 9 SECTION 4.02 4.03 RESOLUTION 94-2001 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALi/1 BEACH, FLORIDA. AIv1EtiTDING SECTION 4.02, NEW-HIRE, OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF NORTH PALM BEACH BY PROVIDING A PROCEDURE WHEREBY THE VILLAGE MAi~tAGER MAY APPROVE APPOINTMENTS OF NEWLY HIRED EMPLOYEES ABOVE THE MINIMUM RATE: AMENDING SECTION 4.03, PAY RATES N TRANSFER PROMOTION OR DEMOTION BY REVISNG THE PROCEDURE FOR PAY RATES N TRANSFERS; AND. PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALi/I BEACH. FLORIDA: Section 1. The Village Council of the Village of North Palm Beach. Florida. does hereby amend Section 4.02. New-Hire Rate, of the Personnel Rules and Regulations of the Village of North Palm Beach, and to read as follows: 4.02 New-Hire Rate: The minimum rate established for a job class shall be paid upon employment. except that the "Netiv-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. The Village ivlanager is authorized to approve appointments of new hired employees above the minimum at an amount not to exceed 5.000.00 per individual. The overall limit on the amount the Village Manager may authorize will be determined by Council in the annual budget. In the event an individual is recommended to be hired above the 5.000.00 threshold then the Village Manager must obtain Village Council approval.'' Section 2. The Village Council of the Village of North Palm Beach. Florida, does hereby amend Section 4.03. Pay Rates in Transfer. Promotion or Demotion. of the Personnel Rules and Regulations of the Village of North Palm Beach, and to read as follows: `' 4.03 Pav Rates in Transfer. Promotion or Demotion: If an employee is transferred, promoted or demoted, his rate of pay for the new position shall be determined as follows: ,-- a. If the rate of pay in the former class is less than the minimum rate established for the class of the new position, the rate of pay shall be advanced to the minimum for the class, or increased five (5) percent, whichever is Greater. b. If the rate of pay in the former class is more than the maximum rate established for the new class, the pay rate shall be reduced to no more than the maximum rate established for the new class. c. If the rate of the former class falls within the new grade of pay, the pay rate shall remain the same or be increased in accordance with Section 4.02 above in the case of transfer; shall be increased up to five {5) percent, not to exceed the established budget, in the case of promotion and shall be adjusted to the rate of the new grade in case of demotion. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 8th DAY OF NOVEMBER. ?001. (Vi.lage Seal) .~.T"f EST: VILLAGE CLERK RESOLUTION NO. 02-2005 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 4.02, NEW-HIRE, OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF NORTH PALM BEACH WHICH PROVIDES A PROCEDURE WHEREBY THE VILLAGE MANAGER APPROVES APPOINTMENTS AND SALARIES OF NEWLY HIRED EMPLOYEES; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council ofthe Village ofNorth Palm Beach, Florida, does hereby amend Section 4.02, New-Hire Rate, of the Personnel Rules and Regulations of the Village of North Palm Beach, and to read as follows: "4.02 New-Hire Rate: 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 ifthe 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 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 13th DAY OF JANUARY, 2005. MAYOR ATTEST: VILLAGE CLERK SECTION 4.06 RESOLUTION 65-97 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION e OF SECTION 406, CERTIFICATION AND LICENSE PAY, OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach adopted personnel rules and regulations by Resolution 29-97 of the Village; and WHEREAS, the Village Council is desirous of amending 406(e) of the Personnel Rules and Regulations for the purpose of adding additional certifications. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby amend Subsection e of Section 4.06, Certification and License Pay, of the Personnel Rules and Regulations of the Village to read as follows: "e. The following certifications and/or licenses are recognized by the Village as being required by the State of Florida to perform the associated task: 1. Building Code Administrator 2. Building Inspector 3. Mechanical Inspector 4. Electrical Inspector 5. Plumbing Inspector 6. Building Plans Examiner " 7. Mechanical Plans Examiner 8. Electrical Plans Examiner 9. Plumbing Plans Examiner 10. Building Refrigerant Repair 11. Automotive Refrigerant Repair 12. Pest Control (Mosquito) 13. Pesticide Applicator 14. Law Enforcement Officer 15. Firefighter 16. Paramedic 17. Emergency Medical Technician 18. Fire Inspector 19. Intoxilizer Operator" A Section 2. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 23rd DAY OF OCTOBER , 1997. (Village Seal) MAYOR ATTEST: L~!~~°- VILLAGE LERK A RESOLUTION NO. 74-97 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 4.06d ENTITLED "CERTIFICATION AND LICENSE PAY - GUIDELINES", OF THE PERSONNEL RULES AND REGULATIONS FOR THE VILLAGE OF NORTH PALM BEACH, AND, PROVIDNG FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of North Palm Beach, Florida does hereby amend Section 4.06d entitled "Certification and License Pay -Guidelines", of the Personnel Rules and Regulations for the Village of North Palm Beach, as follows: d. Guidelines: The Village will pay certification, licenses, increment pay, and continuing education pay to all eligible employees, the amount determined by the Village Council for ..r- the above and approved by the Village Manager. The payment will be made starting on October 1st of each year to eligible employees, and those amounts (annualized) will become a part of the employee's base pay rate. Section 2. This Resolution shall take effect retroactive to 10-01-97. Passed and adopted this 15th day of December, 1997. ~_ Mayor (Vill~.ge Seat) Attest: A C/~~ llage Clerk ,..` RESOLUTION 51-99 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 4.06(e) ENTITLED "CERTIFICATION AND LICENSE PAY" OF THE PERSONNEL RULES AND REGULATIONS FOR THE VILLAGE OF NORTH PALM BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of North Palm Beach, Florida, does hereby amend Section 4.06(e) titled "Certification and License Pay", of the Personnel Rules and Regulations for the Village of North Palm Beach, to read as per Attachment "A". Section 2. This Resolution shall take effect on October 1, 1999. PASSED AND ADOPTED THIS 26th DAY OF AUGUST, 1999. ~. M or (Village Seal) ATTEST: Village Clerk ATTACHMENT "A" 4.06(e) "CERTIFICATION AND LICENSE PAY" The following categories and criteria are used in the determination of Certification Pay: GENERAL (Five types as follows): a. As required by job description. b. Additional to that required by j~ c. Not required by job description d. Not required by job description, e. Not required by job description. specific act. >b description. Annual Continuing Education Units (CEU) required No annual CEU's required. FederaUState law requires certification to perfom a SPECIFIC REQUIREMENTS: a. As required by job description. Required by job description because required by State Statute. No additional pay above entry level. Exam required. Annual CEU required. Example: Public Safety Officer Building Inspector ~' b. Additional to that required by job description. Exam required. Annual CEU. Must benefit the Village. Maximum of six per individual Recommended by Department Head- approved by Village Manager. Budget item Example: Public Safety Officer Fireman Paramedic Building Inspector Plumbing Inspector Building Plans Examiner c. Not required by iob description Annual Continuing Education Units (CEU) required. Must benefit the Village. Maximum three per individual Recommended by Department Head-approved by Village Manager. Budget item Example: Finance CPA -State of Florida CGFO -Florida Government Finance Officer Association CGFM -Association of Government Accounting Managers Example: Recreation Leisure Professional -Florida Recreation & Parks Association Example: Golf Course Golf Course Superintendents of America Association ,,, Example: Public Services Registered Professional Engineer ATTACHMENT "A" (continued) Page 2 406(e) CERTIFICATION AND LICENSE PAY d. Not required by iob description No annual CEVs required. Must benefit the Village. Maximum one per individual. Recommended by Department Head-approved by Village Manager. Budget item. Example: Village Clerk IINIC -International Institute of Municipal Clerks e. Not required by iob description FederaUState laws require certification to perform specific acts. Exam required. Re-qualify periodically. Must benefit the Village. Maximum two per individual. Recommended by Department Head-approved by Village Manager. Budget item F.zample: Parks Employee Mosquito Control Operator Pesticide Operator Example: Maintenance Man Building Air Conditioning Refrigerant Technician 3. .COMPENSATION: One time base salary increase of $1,000 per certification up to the maximum certification allowed in each category. Except category "e", which is $500 per certification. --- RESOLUTION 53-2000 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 4.06(e) ENTITLED "CERTIFICATION AND LICENSE PAY" OF THE PERSONNEL RULES AND REGULATIONS FOR THE VILLAGE ADOPTED BY RESOLUTION 29-97, WHICH AMENDMENT IS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A" ATTACHED TO THIS RESOLUTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby amend Section 4.06(e) entitled "Certification and License Pay" of the Personnel Rules and Regulations of the Village adopted by Resolution 29-97, which Amendment is set forth in _~ Attachment "A" to this Resolution and made part hereof. Section 2. This Resolution shall take effect October 1, 1999, but shall not be implemented until the affected bargaining units have provided a waiver letter or the parties have concluded the impact bargaining process if requested. PASSED AND ADOPTED THIS 14th DAY OF SEPTEMBER, 2000. (Village Seal) ---_ MAYOR ATTEST: `~- VILLAGE LERK ATTACHMENT "A" 4.06(e~ "CERTIFICATION AND LICENSE PAY" The following categories and criteria are used in the determination of Certification Pay: GENERAL (F~~Six types as follows): 2) a) As required by job description. b) Additional to that required by job description. c) Not required by job description. Annual Continuing Education Units (CEU) required. d) Not required by job description. No annual CEU's required. e) Not required by job description. FederaUState law requires certification to pe~€e~ ep rfOrm a specific act. fl Public Safety Certification SPECIFIC REQUIREMENTS: a) As required by job description. Required by job description because required by State Statute. No additional pay above entry level. Exam required. Annual CEU required. E,rample: Building Inspector b) Additional to that required bY1ob description. Exam required. Annual CEU. Must benefit the Village. Maximum of six per individual. Recommended by Department Head-approved by Village Manager. Budget item. E,rample: let zn-ar`-amziic Building Inspector Plumbing Inspector Building Plans Examiner c) Not reouired by iob description. Annual Continuing Education Units (CEUI required. Must benefit the Village. Maximum three per individual, Recommended by Department Head-approved by Village Manager. Budget item. Example: Finance CPA -State of Florida CGFO -Florida Government Finance Officer Association CGFM -Association of Government Accounting Managers Example: Recreation Leisure Professional -Florida Recreation & Parks Association Example: Golf Course Golf Course Superintendents of America Association Example: Public Services Registered Professional Engineer `-" ATT aCHIVIENT "A" (continued) Page 2 4.06(e) CERTIFICATION AND LICENSE PAY d) Not required by job description. No annual CEU's required. Must benefit the Village. Maximum one per individual. Recommended by Department Head- approved by Village Manager. Budget item. Example: Village Clerk IIMC -International Institute of Municipal Clerks e) Not reauired by iob description. FederaUState laws require certification to perform specific acts. Exam required. Re-qualify periodically. Must benefit the Village. Maximum two per individual. Recommended by Department Head-approved by Village Manager. Budget item. E,rample: Parks Employee Mosquito Control Operator Pesticide Operator E,rample: Maintenance I14e~-Technician Building Air Conditioning Refrigerant Technician ~ fl Public Safety Certification. Either required by,job description or additional to that reauired by iob description. Exam required Annual CEU reauired Recommended by Department Head-approved by Village Manager Budget item This category includes the following certifications: Emergency Medical Technician (EMTI Firefighter Fire Inspector Paramedic Police Officer 3) COMPENSATION: a) Categories b through e. One time base salary increase of $1,000 per certification up to the maximum certification allowed in each category-£~eep~ except category "e", which is $500 per certification. b) Category f. One time base salary increase of $1 000 per certification except Paramedic certification. Compensation for Paramedic certification is $1 000 if employee is already receiving EMT certification pay and $2 000 if employee is not receiving EMT certification pay. RESOLUTION 13-2001 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 4.04(b), PAY CLASSIFICATION PLAN, AND SECTION 4.06(e), CERTIFICATION AND LICENSE PAY, INCLUDING THE ADDITION OF A SECTION ADDRESSING SALARY RANGE MAXIMUMS OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby amend Section 4.04(b), Pay Classification Plan, and Section 4.06(e), Certification and License Pay, including the addition of a section addressing salary range maximums of the Personnel Rules and Regulations of the Village, which Amendment is attached as Exhibit "A" and made part of this Resolution in its entirety. Section 2. This Resolution shall take effect October 1, 2000, but the terms and provisions hereof shall not be implemented until a waiver letter is obtained from the Police Benevolent Association and the International Association of Fire Fighters or until the impact bargaining process is concluded (if requested). PASSED AND ADOPTED THIS 25th DAY OF JANUARY, 2001. (Village Seal) MAYOR ATTE ~ VILLAGE CLERK ' ATTACHMENT "A" 4.04 (b) "PAY CLASSIFICATION PLAN" Factors in the Pay Classification Plan: A salary schedule shall be established as minimum and maximums (exclusive of certification and license pay) and shall be related directly to the pay classification plan and shall be determined with due regard to the following factors: 1) 2) 3) 4) 5) 6) 7) 8) Educational requirements Pay grades for other job classes The relative difficulty, responsibility and hazards of the job class The availability of employees in particular occupational categories Prevailing rates of pay for similar employment in private establishments and other public jurisdictions, with the most weight being given to those sources which would be expected to compete with the Village for the available supply of personnel. The consumer price index Results of a generally accepted consultant study on compensation The financial policies of the Village and other economic considerations ATTACHMENT "A" Continued 4.06 e) "CERTIFICATION AND LICENSE PAY" The following categories and criteria are used in the determination of Certification Pay: 1) GENERAL (Six types as follows): a) As required by job description. b) Not required by job description. c) Not required by job description. d) Not required by job description. e) Not required by job description. act. f) Public Safety Certification Exam required. Periodic Continuing Education Units (CEU) required. No Periodic CEU's required. Federal/State law requires certification to perform a specific 2) SPECIFIC REQUIREMENTS: a) As required by job description. Required by job description because required by State Statute. No additional pay above entry level. Exam required. Periodic CEU required. Example: Building Inspector b) Not required b~job description. Exam required. Periodic CEU Must benefit the Village. Maximum of six per individual. Recommended by Department Head-approved by Village ~'" Manager. Budget item. Example: Public Services Building Inspector Plumbing Inspector Building Plans Examiner Registered Professional Engineer Example: Finance CPA - State of Florida CGFO -Florida Government Finance Officer Association CGFM -Association of Government Accounting Managers Example: Golf Course Golf Course Superintendents of America Association Example: Recreation Leisure Professional -Florida Recreation & Parks Association c) Not required by iob description. Periodic Continuing_Education Units (CEUI required No exam required. Must benefit the Village. Maximum three per individual. Recommended by Department Head-approved by Village Manager. Budget item. Example: Village Clerk IIMC -International Institute of Municipal Clerks d) Not reauired by job description. No Periodic CEU's required. Must benefit the Village. Maximum one per individual. Recommended by Department Head-approved by Village Manager. Budget item. `" Example: Information Systems Microsoft Certified Product Specialist e) Not required b~job description. Federal/State laws require certification to perform specific acts. Exam required. Re-qualify periodically. Must benefit the Village. Maximum two per individual. Recommended by Department Head-approved by Village Manager. Budget item. Example: Parks Employee Mosquito Control Operator Pesticide Operator Example: Maintenance Technician Building Air Conditioning Refrigerant Technician f) Public Safety Certification. Either required by job description or additional to that required by job description. Exam required. Periodic CEU required except for Firefighter certification. Recommended by Department Head-approved by Village Manager. Budget item. This category includes the following certifications: Emergency Medical Technician (EMT) Firefighter Fire Inspector Paramedic Police Officer 3) COMPENSATION: a} Paragraph 2b through 2e. One time base salary increase of $1,000 per certification up to the maximum certification allowed in each paragraph except paragraphs 2d and 2e, which are $500 per certification. b) Paragraph f. One time base salary increase of $1,000 per certification except for Firefighter and Paramedic certification. One time base salary increase for Firefighter certification is $2,000. One time base salary increase for Paramedic certification is $2,000 if employee is already receiving EMT certification pay and $3,000 if employee is not receiving EMT certification pay. c) Salary Range Maximums. If an employee's annual salary exceeds the salary range maximum, or the base salary increase for certification would cause the employee's annual salary to exceed the salary range maximum, the employee's annual salary shall be allowed to exceed the salary range maximum in order to receive the entire certification pay amount as a one-time base salary increase. RESOLUTION 93-2001 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH. FLORIDA, A1~IENDING SECTION 4.06, CERTIFICATION AND LICENSE PAY, OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF NORTH PALM BEACH, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach. Florida, does hereby amend Section X1.06, Certification and License Pay, of the Personnel Rules and Resulations of the Village of North Palm Beach, ~yhich amendment is attached as Exhibit `'A''. Section 3. This resolution shall take effect immediately upon its adoption. ... PASSED AND ADOPTED THIS 8th DAY OF NOVEMBER, ?001. (`~~illage Seal) :~TZ~EST VILLAGE CLERK EXHIBIT "A" -t.06 CERTIFICATION AND LICENSE PAY: a. Purpose: To provide incentive and compensation for obtaining and maintaining certain recognized certifications and/or licenses which are required to perform particular tasks normally associated with an employee's job responsibilities. b. Policy: The Village of North Palm Beach recognizes that some employees must obtain and maintain certain certifications and licenses from the State of Florida or other organizations to perform particular tasks normally associated with an employee's job responsibilities. The Village also recognizes that the possession and maintenance of multiple certifications and licenses allows the Village greater flexibility in personnel assignments. c. Eligibility: Regular full-time and part-time employees of the Village who have obtained certifications or licenses from the State of Florida or other organizations and recommended for Certification and License Pay by their department head and approved by the Village Manager as being necessary or beneficial to the Village. d. The follow~in~ categories and criteria are used in the determination of Certification Pav: 1 j GENERAL (Six types as follow-s): a) As required by job description. b) Not required by job description. Exam required. c) Not required by job description. Periodic Continuing Education Units (CEU) required. d) Not required by job description. No Periodic CEU's required. e) Not required by job description. Federal/State law requires certification to perform a specific act. f) Public Safety Certification 2) SPECIFIC REQUIREMENTS: a) As required by job description. Required by job description because required by State Statute. No additional pay above entry level. Exam required. Periodic CEU required. E.rnmple: Building Inspector b) Not required by iob description Exam required Periodic CEU Must benefit the Village. Maximum of six per individual. ~" Recommended by Department Head-approved by Village Manager. Budget item. -- E:Yample: Public Services Building Inspector Plumbing Inspector Building~Plans Examiner Registered Professional Engineer Example: Finance CPA -State of Florida CGFO -Florida Government Finance Officer Association CGFM -Association of Government Accounting Managers E.rample: Golf Course Golf Course Superintendents of America Association Example: Recreation Leisure Professional -Florida Recreation & Parks Association c) Not required by iob description. Periodic Continuing Education Units (CEU) required. No exam required. Must benefit the Village. iVlaximum three per individual. Recommended by Department Head-approved by Village Manager. Budget item. E.rample: Village Clerk IIMC -International Institute of Municipal Clerks d) Not required by iob description. No_Periodic CEU's reouired. Must benefit the Village. Maximum one per individual. Recommended by Department Head-approved by Village Manager. Budget item. Example: Information Systems Microsoft Certified Product Specialist e) Not required by iob description. Federal/State laws require certification toperform specific acts. Exam required. Re-qualify periodically. Must benefit the Village. Maximum tw-o per individual. Recommended by Department Head-approved by Village iVlanager. Budget item. E.rample: Parks Employee Mosquito Control Operator Pesticide Operator E.rample: Maintenance Technician Building Air Conditioning Refrigerant Technician f) Public Safety Certification. Either required by job description or additional to that required by job description. Exam required. Periodic CEU required except for Firefighter certification. Recommended by Department Head-approved by Village Manager. Budget item. This category includes the following certifications: Emergency Medical Technician (EMT) Firefighter Fire Inspector Paramedic _ Police Officer 3) COMPENSATION: a) Paragraph 2b through 2e. One time base salary increase of $1,000 per certification up to the maximum certification allowed in each paragraph except paragraphs 2d and 2e, which are $~00 per certification. b) Paragraph f. One time base salary increase of $1.000 per certification except for Firefighter and Paramedic certification. One time base salary increase for Firefighter certification is X2.000. One time base salary increase for Paramedic certification is $2,000 if employee is already receiving EMT certification pay and $3.000 if employee is not receiving EMT certification pay. c j Salary Range Maximums. If an employee`s annual salary- exceeds the salary range maximum, or the base salary increase for certification vv-ould cause the employee's annual salary to exceed the salan- range maximum, the employee's annual salary shall be allowed to exceed the salary range maximum in order to receive the entire certification pay amount as a one-time base salary increase. d) Payment of Base Salary• Increases. Employees are eligible to receive certification and license pay as described above upon date of hire (if certification has already been obtained), upon successful passage.of the certification or license examination when permitted by law to function in a certified capacity, or upon the effective date of the certification or license. e) Maintenance of Certification/Licenses. For certifications or licenses that require renewal or CEU's, the employee is required to meet the appropriate criteria and to have the certification or license renewed. If the employee fails to renew the certification or license, the certification pay amount will be removed from the employee's base salary until such time as the certification or license is renewed. RESOLUTION 25-2004 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 4.03, PAY RATES IN TRANSFER, PROMOTION OR DE~~ivTIvN, AND SECTION 4.Od, CER T IFICATiON AND LICENSE PAY , GF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF NORTI-I PALM BEACH, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby amend Section 4.03, Pay Rates In Transfer, Promotion or Demotion, and Section 4.06, Certification and License Pay, of the Personnel Rules and Kegulations of the Village of North Palm Beach, which amendment is attached as Exhibit "A". Section 2. This resolution shall take effect on April 14, 2004. PASSED AND ADOPTED THIS 25th DAY OF MARCH, 2004. / 1 ("Village Seal) M YOR ATTEST: C VILLAGE CLERK EXHIBIT "A" 4.03 Pay Rates in Transfer Promotion or Demotion• If an employee is transferred, promoted or demoted, his rate of pay for the new position shall be determined as foiiows: a. If the rate of pay in the former class is less than the minimum rate established for the class of the new position, the rate of pay shall be advanced to the minimum for the class, or be increased by five (5) percent of the new range midpoint, whichever is greater. b. If the rate of pay in the former class is more than the maximum rate established for the new class, the pay rate shall be reduced to no more than the maximum rate established for the new class. c. If the rate of the former class falls within the new grade of pay, the pay rate shall remain the same or be increased in accordance with Section 4.02 above in the case of transfer; shall be increased by five (5) percent of the new range midpoint, not to exceed the established budget, in the case of promotion and shall be adjusted to the rate of the new grade, by decreasing the pay rate to the same position in the new pay range relative to ,~,, the midpoint, in case of demotion. d. For promotions from a class without Paramedic certification to a class with Paramedic certification, the pay rate shall be advanced to the new range minimum, shall be increased by five (5) percent of the new range midpoint, or shall be increased by $3,000, whichever is greater. Employees promoted to a Paramedic certified position who are also receiving EMT certification pay shall have their EMT certification pay removed in accordance with Section 4.06(d)(3)(a) of the Personnel Rules and Regulations. 4.06 CERTIFICATION AND LICENSE PAY: a. Purpose: To provide incentive and compensation for obtaining and maintaining certain recognized certifications and/or licenses which are required to perform particular tasks normally associated with an employee's job responsibilities. b. Policy: The Village of North Palm Beach recognizes that some employees must obtain and maintain certain certifications and Iicenses from the State of Florida or other organizations to perform particular tasks normally associated with an employee's job responsibilities. The Village also recognizes that the possession and maintenance of multiple certifications and licenses allows the Village greater flexibility in personnel assignments. c. Eligibility: Regular full-time and part-time employees of the Village who have obtained certifications or licenses from the State of Florida or other organizations and recommended for Certification and License Pay by their department head and approved by the Village Manager as being necessary or beneficial to the Village. d. The following categories and criteria are used in the determination of Certification Pay: 1) Gl a) b) c) d) e) 3NERAL (Six types as follows): As required by job description. Not required by job description. Exam required. Not required by job description. Periodic Continuing Education Units (CEU) required. Not required by job description. No Periodic CEU's required. Not required by job description. Federal/State law requires certification to perform a specific act. Public Safety Certification 2) SPECIFIC REQUIREMENTS: a) As required by job description, Required by job description because required by State Statute. No additional pay above entry level. Exam required. Periodic CEU required. Exampie: Building Inspector b) Not required by iob description. Exam required. Periodic CEU. Must benefit the Village. Maximum of six per individual. Recommended by Department Head-approved by Village Manager. Budget item. Example: Public Services Building Inspector Plumbing Inspector 2 Building Plans Examiner ~" Registered Professional Engineer Example: Finance CPA -State of Florida CGFO -Florida Government Finance Officer Association CGFM -Association of Government Accounting Managers Example: Golf Course Golf Course Superintendents of America Association Example: Recreation Leisure Professional -Florida Recreation & Parks Association c) Not required by iob description Periodic Continuing Education Units (CEU) required. No exam required Must benefit the Village. Maximum three per individual. Recommended by Department Head- approved by Village Manager. Budget item. Example: Village Clerk IIMC -International Institute of Municipal Clerks d) Not required by iob description No Periodic CEU's required. Must benefit the Village. Maximum one per individual. Recommended by Department Head-approved by Village Manager. Budget item. Example: Information Systems .~. Microsoft Certified Product Specialist e) Not required by iob description Federal/State laws re uire certification to perform specific acts. Exam required. Re-qualify periodically. Must benefit the Village. Maximum two per individual. Recommended by Department Head-approved by Village Manager. Budget item. Example: Parks Employee Mosquito Control Operator Pesticide Operator Example: Maintenance Technician Building Air Conditioning Refrigerant Technician ~ Public Safety Certification. Either required by job description or additional to that required by job description. Exam required. Periodic CEU required except for Firefighter certification. Recommended by Department Head-approved by Village Manager. Budget item. This category includes the following certifications: Emergency Medical Technician (EMT) Fire Inspector 3 3) COMPENSATION: a) Paragraph 2b through 2f. One time base salary increase of $1,000 per certification up to the maximum certification allowed in each paragraph except paragraphs 2d and 2e, which are $500 per certification. If an employee receiving EMT certification pay is promoted to a Paramedic position, the $1,000 EMT certification pay will be removed from the employee's base salary. b) Salary Range Maximums. If an employee's annual salary exceeds the salary range maximum, or the base salary increase for certification would cause the employee's annual salary to exceed the salary range maximum, the employee's annual salary shall be allowed to exceed the salary range maximum in order to receive the entire certification pay amount as a one-time base salary increase. c) Payment of Base Salary Increases. Employees are eligible to receive certification and license pay as described above upon date of hire (if certification has already been obtained), upon successful passage of the certification or license examination when permitted by law to function in a certified capacity, or upon the effective date of the certification or license. `,,,, d) Maintenance of Certification/Licenses. For certifications or licenses that require renewal or CEU's, the employee is required to meet the appropriate criteria and to have the certification or license renewed. If the employee fails to renew the certification or license, the certification pay amount will be removed from the employee's base salary until such time as the certification or license is renewed. SECTION 4.07 RESOLUTION 59-2000 ______ ~~- A RESOLUTION OF THE VILLAGE COUNCIL OF T'HE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 4.07, LONGEVITY, OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE ADOPTED BY RESOLUTION 29-97, BY ADDING A CAPTION "REGULAR EMPLOYEES" TO THE SECTION DEALING WITH LONGEVITY PAY FOR REGULAR EMPLOYEES AND ADDING A SUBSECTION b THERETO TO PROVIDE A POLICY FOR LONGEVITY PAY FOR PART-TIME EMPLOYEES OF T'HE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby amend Section 4.07, longevity, of the Personnel Rules and Regulations by adding a caption "Regular Employees" to the section dealing with longevity pay for regular employees and by adding a subsection b thereto to read as follows: "4.0? LONGEVITY a. Regular Employees: All regular employees employed at the time of ~,.. Adoption of these Personnel Rules and Regulations, and effective October 1, 1997 shall have their current level of longevity pay included in their base pay. Longevity credits will become an integral Part of the Pay for Performance criteria outlined in Sections 12.00 through 12.03 of these regulations. b Part-time Employees: Part-time employees shall receive a 2% salary increase for longevity after 5 years of service with the Village and a 2% salary increase for longevity after 10 years of service with the Village." Section 2. This Resolution shall take effect October 1, 1999. PASSED AND ADOPTED THIS 28th DAY OF SEPTEMBER, 2000. {Village Seal) , MAYOR ,.,,.-. ATTEST: L;~/J'I VILLAGE CLERK ~.Ol RECPL~IT~IENT, SELECTIt3N :~~D E~IPL0~~IENT 5.01.01 POLICY STATEMENTS• It shall be 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. 5.01.02 FACTORS DETERMINIi iG EMPLOYMENT: In deternuning the successful candidate far 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. 5.01.03 AUTHORIZATION: `Vhen a vacant position occurs or a new position is created, the department head shall notify the Village l~lanager who shall determine: If proper budgetary authorization e.Yists; the proper class to which the position belongs, and; the proper method for filling the vacancy. tiVhenever possible, vacancies 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 5.01.02. Furthermore, a layoff list and layoff procedures will b_e in accordance with Section 15 of these Personnel Rules and Regulations. c. By a person not employed on a regular basis by the Village. Zo x.01.0-t E~"~LL~.-~TIO~: :applications shall be made on forms provided by the ~•illage Manager which are to be returned for review and evaluation. 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 tivork 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 mental ability to perform the duties of the position to ~r•hich the applicant seeks emplovment. Proof produced at any time to the Village of physical disability or incapacity may be deemed sufficient cause to exclude the applicant. 5.01.05 PRE-EMPLOYMENT iViEDICAL EXAMINATIONS: All regular full-time applicants for positions must be required to complete a medical examination which certifies physical ability to perform the duties assigned and required. Arrangements for alI pre-employment medical examinations will be made by the department head with a physician designated by theVillage.Such examinations shall be conducted at Village expense. 5,01.06 FRAUDULENT CONDUCT, FALSE OR OiaiITTED STATEMENTS BY AN APPLICAi~tT: 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. 5.01.01 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 rivo (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 lativ. 5.01.08 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 5.01.03 b. The Village iVianager shall make all 11 appointments of all ~~iilage employees (except for those positions subject to Village Council appointment) subject to these regulations and ma_v delegate the selection of employees to the department heads. 5.01.09 PROBATIONARY APPOIPiTI~fENTS: The 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 ivlanager that the employee be given said status. 5.01.10 TEMPORARY POSITIONS AND APPOL~iTitiIENTS: A temporary position shall be one which is established and approved by the Village vlanager and designated to be of shorter duration than six (~ 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. 5.01.11 REGULAR FLZ,L-TLVIE POSITIONS: A regular full-time position shall be 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 l~ianager, and filled with regular full-time or probationary employees. 5.01.12 TRr~\SFERS: Transfers between departments shall be coordinated by the department heads involved and approved by the Village i/Ianager. 5.01.13 SELECTION AND NOTIFICATION: The Village vlanager 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. The Village l~ianager or designee shall also notify those not selected. 5.01.14 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 12 State of Florida and the Village Charter and Codes, as required b~~ the Village Charter and the Florida Statutes. 13 5.02 A,VIERIC:~NS ~~'ITH DISABILITLES 5.02.01. PLRPOSE: The purpose of this policy is to conform with the Americans with Disabilities Act (ADA) as legislated by the U. S. Congress under Public La~v 101-336 and codified as 42 U.S.C. 12101- 12213. As such, the Village in the adoption of this policy assures that its employment practices, policies and procedures do not discriminate against individuals with disabilities. 5.02.02 APPLICATION: A qualified individual with a disability means an individual tivith 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. 5.02.03. ADA COORDL1tATOR: ._.- The designated coordinator far all ADA issues for the Village of North Palm Beach is the Village Manager or his designee. .02.04 ACTION PLAN: In order to adequately comply with all ADA requirements under Titles I. and II. as they apply to employment provisions, the following issues will be addressed and complied tivith by the Village of i~'orth Palm Beach no later than September 30, 1999. a) Review of all job descriptions to determine when .they were last revised. Accurately describe the essential functions and separate out the non-essential functions. If the Village does not have formal written job descriptions for a particular job, then a description will be created to meet the requirements of Title I. b) Review of the Village's job application form to assure that the EEO statement mentions that the Village does not discriminate on the basis of disability. Furthermore, assure that the application does not ask questions regarding disabilities. All questions will be job related. 14 c) Revise th;: ~'ilGaQe's EEO statement to assure that the statement does not discriminate on the basis of disability and assure that formats and media of announcements are designed to notice individuals with different types of disabilities that will have access to job announcements. d) Revietiv all employment policies to be sure that they do not discriminate against applicants or employees with disabilities, or their associates. e) Determine the relevancy and necessity of medical exams required upon placement of employment by a disabled person. f) Review and update drug testing requirements to ensure compliance with the EEOC and Department of Justice regulations. g) The Village will examine and update existing leave policies and employee benefit packages to ensure that they do not discriminate against disabled employees, their relatives or their associates. h) The Village will establish sensitivity or attitudinal awareness training sessions for Village employees tivho may have direct contact with the general public and job applicants. This training will include appropriate interviewing questions and techniques for those employees who have hiring authority. -~ i) Develop guidelines for making reasonable accommodations to disabled employees. Determine the appropriate accommodation and take into consideration the provisions related to undue hardship. 15 ~,~ 5.03 ADA GRIEVANCE PROCEDURE j~ 5.03.01 PURPOSE: This grievance procedure is specifically applicable for Americans with Disabilities Act (.ADA) complaints. All other grievances will be processed under the Village's Grievance Procedure in Section 14 of the Personnel Rules and Regulations. 5.03.02 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 (IO) 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 ivlanager, a representative appointed by the complainant and a third representative appointed, by mutual agreement by the hvo representatives appointed by the Village Itilanager 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. 16 STEP -i 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. x.03.03 RECORDS: ~ 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. 5.03.04 OTHER REMEDIES: The individuals 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 apre-requisite to the pursuit of other remedies. 17 6. PROBATIONARY PERIODS ;) 6.01 OBJECTIVE: The probationary or working test period shall be regarding 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. 6.02. DU1Z.~TION: Every person appointed, promoted or transferred to a regular vacant position shall be required to successfully complete a probationary period. The probationary period shall begin immediately upon appointment and shall continue as follows: a. All department heads -one hundred eighty (130) calendar days; b. Other employees -ninety (90) calendar days; Due to extenuating circumstances, the probationary period may be extended or V shortened based upon the individual's performance as recommended by Department Heads and approved by the Village Manager. c. All Public Safety Personnel -three hundred and si~cty-five (36~ calendar days. 6.03 EVALUATION OF PERFOR.i'~1A:tiCE: The employee's supervisor shall prepare probationary reports as required by the Village Manager. 6.04 TERitiiI~i 1ATION: 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 ar that hisJher habits and dependability do not merit continuance in the position. 18 7. HOURS OF WORK I '7.01 HOL"I2S 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: 7.02 LL~TCH 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 the compensated workday, except for Public Safety personnel. 7.03 CALL BACK An included employee required to work on off hours due to an emergency or other urgent situation, shall be paid for the actual time worked or a minimum of two (2) hours, whichever is greater. 19 OVERTLI~IE 8.01 GE~,~R:~L POLICY: Department heads are responsible for scheduling the work in their departments in order to minimize overtime. Overtime may be authorized by department heads when emergencies arise; however, all other overtime shall be authorized by the Village iVianager. Due to their twenty-four hour shifts, the Fublic Safety Department shall be authorized overtime by the Public Safety Director on a non- emergency basis within budgetary limitations. 8.02 HOU-RI,Y EiViPLOYEES: Overtime shall be compensated to hourly employees at one and one-half (1 ~h) times the hourly rate for all hours worked in excess of forty (40) hours per week. Upon prior approval of the department head and/or the Village Manager they 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 (1'/z) hours for every hour for overtime hours worked. Annual leave and holidays shall count as hours worked for ,,,_,, the purpose of computing overtime. Sick leave shall not count as time worked when computing overtime. 8.03 SALARIED EMPLOYEES: Upon prior approval of the Village vlanager, salaried employees may receive compensatory time off.However, department heads shall not receive compensatory time off when they are required to attend meetings of Village Council or Village Boards. 8.04 COMPENSATORY TIME: Compensatory time shall accrue to no more than twenty-four (24) hours, and applies to both hourly and salaried employees. Unused accrued compensatory time shall be paid upon termination of employment, not to exceed twenty-four {24) hours. Za RESOZUTZON goo-Zoos A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE PROBATIONARY PERIODS CHAPTER OF THE PERSOI~TNEL RULES AND REGULATIONS OF THE VILLAGE OF NORTH PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. Chapter 6. Probationary Periods of the Village of North Palm Beach Personnel Rules and Regulations is hereby amended to read as follows: "6.02 DURATION; Every person appointed, promoted or transferred to a regular vacant position shall be required to successfully complete a probationary period. The probationary period shall begin immediately upon appointment and shall continue as follows: a. A11 department heads -one hundred eighty (180) calendar days; b. Other employees -one hundred eighty (1$0) calendar days; 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. c. All Public Safety Personnel -three hundred and sixty-five {365} calendar days." Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 1st DAY OF NOVEMBER, 2005. (Village Seal) ~~ ~~~~ ~ MAC ATTEST: ~~~~~~~Gar. ~_-e~~i?~~ VILLAGE CLERK SECTION 8.01 8.02 8.03 RESOLUTION 56-2003 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM, FLORIDA, AMENDING SECTION 8, OVERTIME, OF THE PERSON?+IEL RULES AND REGULATIONS OF THE VILLAGE, WHICH AMENDMENT' IS SET FORTI-I IN EXHIBIT "A" AND RELATES TO OVERTIME AND COMPENSATORY TIME FOR HOURLY EMPLOYEES OF THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Counci] of the Village of Norih_ Palm Beach, Florida, does hereby amend Section 8, Overtime, of the Personal Rules and Regulations of the Village; which Amendment is set forth in Exhibit "A" and relates to overtime and compensatory time for hourly employees of the Village. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 9th DAY OF OCTOBER, 2003. (Village Seal) ATTEST: VILLAGE CLERK 8. OVERTIM~ 8.01 GENERAL POLICY: Department heads are responsible for scheduling the work in their departments in order to minimize overtime. Overtime shall be authorized by the Village Manager or_Department Heads. 8.02 HOURLY EMPLOYEES: Overtime shall be compensated to hourly employees at one and one-half (1'/2) 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 Planager they 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 (l'/Z) hours for every hour for overtime hours worked. Annual leave and holidays shall count as hours worked for the purpose of computing overtime. Sick leave shall not count as time worked when computing overtime. ~-- 8.03 COMPENSATORY TIME: 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, not to exceed sixty (60) hours. 9.01 F:~`i1LY ~,..~D ~1EDIC.~L LE~,'~'E 9.01.01. Pt,12POSE: The purpose of the Family and Medical Leave Policy is to implement the Family and l~ledical Leave Act (FNiLA) that was signed into law on February ~, 1993. The Fiti1LA provides eligible employees up to twelve weeks of unpaid leave during any twelve month period. The leave can be taken for one or more of the following reasons: a. Because of the birth of a son or daughter of the employee and in order to care for that child. b. Because of the placement of a son or daughter with the employee for adoption or foster care. c. In order to care for the spouse, child or parent of the employee, if such spouse, child or parent has a serious health condition. d. Because of a serious health condition that makes the employee unable to perform the functions of histher position. 9.01.02 DEFL\TITIONS: Eligible employee: In order to be eligible for the FI~ILA leave, employees must meet both of the following criteria: a. An employee must have worked for the employer for at least ttivelve (12), non-consecutive months before the first day of leave begins; and b. An employee must have worked at least 1,250 hours during the previous twelve (12) month period. c. The criteria set forth in this Paragraph II for qualification by an employee for family and medical leave is not intended nor shall it be construed to confer other benefits upon such employee that are set forth in the Personnel Rules and Regulations. 9.01.03 POLICY: a. BEFORE LEAVE BEGINS: Notification of employee's leave 21 In the case of the birth, adoption or placement of a child, or in the case of a foreseeable medical condition, the employee must notify their respective department head, in «Titing, as soon as possible, but no less than thirty (30) days before the date the employee's leave is scheduled to begin. If for some reason the employee must take leave and cannot notify the department head within the appropriate time, they are required to report as soon as possible to the department head to explain the circumstances and situation. Written notification must be received before all family and medical leaves are taken. 1. Paid and unpaid Leave The Village requires the employee to exhaust all of the employee's accrued vacation, sick leave, comp time and any other personal Leave, prior to taking any part of the approved family or medical leave. 2. Certification for employee's leave a) All eligible employee's who request a medical leave as outlined above must present certification from their health care provider or the health care provider of the family member in question. The certification must be presented before leave can be approved. b) The certification must contain the following information: 1) The date on which the serious health condition began; and 2) The probable duration of the condition; and 3) All appropriate medical facts regarding the condition; and 4) If the leave is for the employee's serious health condition, the employee's health care provider must state that the employee is unable to perform his/her respective job duties; or 5) If the leave is for the serious health condition of a family member, the family member's health care provider must state -- that the employee is needed to care for that family member. 22 ci The Villa~z can, at its o«~n expense, require a second opinion concerning a serious medical condition. If the two opinions conflict, the Village can, at its own expense, require a third and binding opinion. b. DL'RLtiG THE Ei/iPLOYEE'S LEAVE: 1. Health and benefits During the employee's approved leave, the employee will maintain all benefits including group health coverage, pension, etc., but the employee must continue to make any co-payments that helshe now makes. Failure to make these co-payments will jeopardize the employee's health coverage. However, the employee will not accrue seniority or other employment benefits, including paid vacation leave, medical leave, etc. 2. Recertification During the employee's approved leave, the Village may require, for a time not to exceed six (6) months, at its own expense, that a serious medical condition be recertified. 3. Regular contact with the Village During the employee's approved leave, the employee is responsible to keep in contact with the Village on a regular basis. For leaves of more than thirty (30) days, the employee should contact the Village at least one time every week and let the Village know of the employee's status and when the employee plans to return to work. Regular contact is necessary during the employee's approved leave to help ensure all appropriate insurance coverage is in order, benefits are maintained, etc. c. RETURNING TO WORK• 1. Necessary notification of employee's return Before returning to work from the employee's approved leave, he/she must contact the Village. At least seven calendar days before the employee plans to return to work, the employee must contact the Village or department head and let them know when they intend to return to work. 23 1 1 \otitication is necessary before the ernplo~~ee returns to help ensure that the emplo~-ee is reactivated on the payroll system as soon as possible. Failure to return to work following an authorized leave will subject the employee to disciplinary action in accordance with the Village's normal policies. 2. Certification of the employee's return Before returning to work from the employee's approved medical leave, the employee must present certification from their health care provider that he/she is able to return to their respective job duties. This certification must be presented before the employee's return to work can be approved. 3. The employee's position upon return When the employee returns to work from their approved leave, the employee will be able to return to their same position or an equivalent position. The Village will not guaranty the employee's position or an equivalent position if their leave e.~ctends past twelve (12) weeks. 4. If the employee decides not to return a) 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. b) Exceptions: The Village will not require the employee to reimburse the Village for maintaining coverage if the employee does not return for one of the following reasons: 1) If the leave is for the employee's serious health condition and the employee was unable to return to tivork because of the continuation, recurrence or onset of the condition. or 2) 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. 24 Certification: If the employee does not return from their appro~-ed leati•e because of one of the taco 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. The certification must contain the following information: 3) 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 hislher position on the date the employee's approved leave expired. 4) 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. 9.01.04 FOR.l~IS FOR THE FAi~iILY AND MEDICAL LEAVE POLICY: 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 attached as Appendix I: 25 (~ 9.~}? OTI-i~ER LE:~VE POLICIES ~~~ 9.02.01 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 deemed inappropriate, the Department Head and/or the Village vianager may limit the length of anv given vacation request. b. Eligibility Requirements In order to be eligible for avacation, afull-time employee shall have been continuously and actively employed by the Village. Set forth below are specific rules to be used in determining eligibility far vacations, which implement this general rule: 1. New employees shall accrue vacation days at the rate of ten (10) days per year and shall receive the accrued vacation days prorated as of October 1 following the date of hire. 2. After one (1) year, but less than seven {7) years of continuous service, employees shall receive ten (10) vacation days as of the following October 1. 3. After seven ('n years of continuous service, but less than twelve (12) years of continuous service, employees shall receive fifteen (1 ~ vacation days as of the following October 1. 4. After completion of twelve (12) years of continuous service employees shall receive twenty {20) vacation days as of the following October 1. 20 c. In computing ~•acation time, holidays or reular day s off immediately preceding the commencement of, falling within or follo«.in~ the termination of an employee's vacation shall be etcluded. d. If an employee voluntarily resigns or is terminated during the course of his employment, or in the event of death, he or his heirs shall be entitled to an immediate lump sum payment for all vacation time earned and accrued at the employee's last rate of pay. However, this section does not apply to an employee who voluntarily resigns during his probationary period. e. Vacation schedule shall be approved by the department head. f. Earned annual leave must be used during the fiscal year in which it is eligible to be taken, or it may be carried to the following fiscal year and must be used during that fiscal year or it is lost. 9.02.02 PERSONAL LEAVE WITHOUT PAY• The Village iVianager 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. Such requests must first have the approval of the affected department head. Such leave shall be for candidacy for elected office, voluntary military service, education or training that will benefit the Village or other substantial reason. Employment shall be automatically terminated at the end of approved leave if the employee does not return to work. 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 Ieave without pay. In no instances shall an employee be granted a personal 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 o~vn expense during said unpaid leave. 9.02.03 HOLIDAYS: 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 employees in regular positions. If the holiday falls on a Saturday, the previous I~`riday shall be designated as the official holiday and if the holiday falls on a Sunday, the foilo~ving Monday shall 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. 27 Holidays \ew Year's Day Memorial Dav Independence Day Labor Day Veterans' Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Day Christmas Day One other duly recognized holiday as determined by each Department Regular 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. 9.02.04 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 (I) day of sick leave per month of employment . All regular full-time employees who work less than a full rnanth 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 misconduct or cause shall not be entitled to receive accumulated sick leave pay. 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. 28 d. Uses of sick lea~~e shall not be authorized prior to the time it is earned and credited to the emplo~~ee and shall only be used «~ith the appro~~al of the department head for the follo~~~in' reasons: 1. Employee's personal illness. 2. 1ledical or health treatment which is necessary during working hours. 3. Quarantine due to exposure to contagious disease. 4. In connection with workers' compensation (see 10.01.04). 5. Pregnancy and maternity of employee. 6. When required to personally attend to an immediate family member .residing in the employee's home who is seriously ill. e. An employee incapacitated and unable to work shall notify the immediate supervisor 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. The department head shall determine to his/her satisfaction that an employee vas 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. 3. After ten (10) consecutive workdays of absence, require the employee to submit to the Village a medical certification from the attending physician before any additional use of sick leave can be authorized for the employee. If the employee continues to be absent, the department head shall require further medical certification for each thirty (30) consecutive days of absence, unless the department head has .personal knowledge that the employee is hospitalized and unable to return to work. Such medical certification must state that the employee is unable to perform the regularly assigned duties and sick leave is to be authorized by the department head. 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: 29 ^ not approti~e further use of sick leave if the employee is e~~atuated as fit for ti~ orl:. ^ 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. f. 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. g. 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 or establishing a pattern of taking certain days off without any medical basis. h. Should a holiday occur during an employee's sickness, the sick day shall be charged as a holiday. i. An employee who has less than six (b} months of service with the Village and separates from the Village for any reason, shall forfeit all unused sick Ieave credits. ._., j. Sick leave payment for deceased employees shall be remitted to the estate of the deceased. k. A sick leave pool shall be established on a volunteer basis to allow regular full-time employees who have used up all their sick leave, compensatory and vacation Ieave 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 il~lanager. 1. The availability of "usable days" in the pool is determined by the sick leave time donated by other employees. 9.02.05 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, Bon- in-law, daughter-in-law, brother-in-la~v, sister-in-law, step-father, step-mother, step- son, step-daughter, step-brother, step-sister, half-brother, or half-sister. Any 30 ~dditionai time which may be granted shall be at the discretion of the Village Manager. 9.02.Oh `IEDICAL LEA~^E `~'1THOliT PAY: A medical leave without pay, up to one year, may be granted by the Village Manager to an employee in a regular full-time position who is unable to perform the duties of his/her position because of a physical or mental illness, injury or drug dependency, and if the employee has exhausted his/her accumulated sick and annual leave or is ineligible to use such sick or annual leave. In order to be eligible for such leave, the employee must submit a statement from medical authority approved or designated by the Village >vianager. Such statement much include a definition of the illness or disability, a justification as to why the employee is unable to perform the duties of his/her position, and an expected date of return to work. The Village Manager may require that the employee provide a medical certificate stating that he/she is able to perform the duties of the position to which he/she will return. 9.02.07 JURY DUTY OTHER LEG 4L DUTIES a. Employees who are summoned to jury duty by a court of competent jurisdiction will be granted time off «zth 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 aspossible. -' 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. 9.02.08 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 such leaves. The department heads shall approve such leaves and shall notify the Village iYianager of the leave. The Village Manager may authorize travel time andlor ejcpenses necessary to attend such meetings. Probationary employees may be sent for required certified training courses upon approval of the Department Head and the Village ivlanager. 31 9.0?.09 ~IILIT~RI' LEAVES: a. Annual i~iilitary Leave The Village will grant a military leave of absence to any employee presenting proper orders calling him/her to temporary active duty for training purposes with a reserve unit of the United States Army, Navy, Marines, Air Force, Coast Guard or National Guard Unit for a period not exceeding seventeen (1?~ working days in any one (1) calendar year. Regular full-time employees are entitled to annual military leave without loss of pay from the Village. 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. b. Inactive Duty Training An employee who is a member of an Armed Farces Reserve Unit or the National Guard shall be excused from work without pay to attend evening or weekend military training which conflicts with the employee's work schedule ,... as required. Evidence of membership in the applicable organization shall be provided to the department head. c. Recall to Active itililitary Duty Any regular full-time employee ~vho is a member of an Armed Forces Reserve Unit or the National Guard, who is ordered to active duty to fulfill his/her grimary or an emergency military obligation, will be granted a military leave of absence without pay for this period of time. d. 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. 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 32 reemployment «ithin one year after date of separation from the military service pursuant to Chapter 29~, 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. 3. If the position vacated by an employee who entered the military service is reclassified or retitled 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 position has been abolished or if helshe 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. 33 SECTION 9.02.01 RESOLUTION 25-2000 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 9.02.01, VACATIONS, OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A" AND REQUIRES VACATION TIME TO ACCRUE ON A WEEKLY BASIS EFFECTIVE OCTOBER 1, 1999; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby amend Section 9.02.01, Vacations, of the Personnel Rules and Regulations of the Village, as set forth in E~chibit "A" attached, which amendment requires vacation time to accrue on a weekly basis effective October 1, 1999. ~. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 23rd DAY OF MARCH, 2000. (Village Seal) ATTEST: VILLAGE CLERK MAYOR \ ATTACHMENT A 9.02.01 VACATIONS a. b. 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 andlor 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 deemed inappropriate, the Department Head and/or the Village Manager may limit the length of any given vacation request. Eligibility Requirements Vacation days accrue, but may not be taken during the employee's probationary period. All full-time personnel who have completed their probationary period shall be entitled to take vacation with pay in accordance with the following accrual schedule: 0 but less than ?years 7 but less that 12 years 12 years and over 10 days (80 hours) 15 days (120 hours) 20 days (160 hours) Vacation shall be computed during the probationary period`of probationary employees, but vacation cannot be taken until the probationary period is completed. c. 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. Employment terminated without cause, or by layoff, or by retirement, illness or injury, shall not affect payment of earned vacation time. 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. If employment is terminated by death, the estate of the employee shall receive payment for the earned vacation time. d. 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. e. Vacation schedules shall be approved by the Department Head. f. 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 other than an employee who is discharged for cause, who 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. SECTION 9.02.03 RESOLUTION 43-2002 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 9.02.03, HOLIDAYS, OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF NORTH PALM BEACH, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALI~1 BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby amend Section 9.02.03, Holidays, of the Personnel Rules and Regulations of the Village of North Palm Beach. ~tihich amendment is attached as Exhibit "A". Section 3. This resolution shall take effect on August I, 2002. PASSED AND ADOPTED THIS 11th DAY OF JULY, 2002. LVi?lage Seal1 ATTEST: VILLAGE CLERK EXHIBIT A 9.02.03 HOLIDAYS: 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 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 shall 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 Kind Day President's Dav Memorial Day Independence Day Labor Dav Veterans' Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Day Christmas Day Regular 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. F~IESOLUTION 2p07-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 9.02.01, "VACATIONS," OF THE ~-~ VILLAGE PERSOI`~tNEL RULES AND REGULATIONS TO MODIFY THE VACATION ACCRUAL SCHEDULE AND TO CLARIFY THE CIRCUMSTANCES UNDER WHICH AN EMPLOYEE IS PAID FOR EARNED VACATION TIME UPON SEPARATION FROM EMPLOYMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council wishes to amend the Village's Personnel Rules and Regulations to provide the general employees with an abbreviated vacation accrual schedule to match the accrual schedule set forth in the new collective bargaining agreements with the Pahn Beach County Police Benevolent Association, the Professional Firefighters of Palm Beach County, Local 2928, IAFF, and the Federation of Public Employees, a Division of the National Federation of Public and Private Employees, AFL-CIO and to allow employees to take vacation a$er the first ninety days of their probationary period; and WHEREAS, the Village Council further wishes to further clarify the circumstances under which employees are paid for earned vacation time upon separation from employment with the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. Section 9.02.01, "Vacations," of the Village of North Palm Beach Personnel Rules and Regulations is hereby amended to read as follows: "9.02.01 VACATIONS a. General 1. The Village determines and schedules the vacation period ox" each employee eligible far 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 ar not the length of the vacation is annr~nriate. I f deemed ir~annrnnriate; the Department Head and/or the Village Manager may limit the length of any given vacation request. b. Eligibility Requirements: Vacation days accrue, but may not be taken during the first ninety (y0) days of the employee's probationary period. All full-time personnel who have completed the first ninety (90) days of their probationary p~-iod sal-'~° ~^*:*'~a *^ may take vacation. with ``~' pay in accordance with the following accrual schedule: 9-1~t Less than ~ 6 years 10 days (80 hours) ~ 6 but less that ~ 10 years 1 S days (120 hours) ~ 10 years and over 20 days (160 hours) c. 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. €ley~ +°,...,•.,.,+°a ..;+k,.,,+ „ °s ^ ~~.f~e~y-z-°~-emerrt;- i-Ik~PS~e ~ k » ~ .,..°.,+ ^~ °,,,.., ,~ .,,,,.,,+<,.,, +;..,., 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. pf e~ 1^ a. ;t .,, t°'-'M~~~* a '' a *h +h + + `: Y .~~ i ' v. i.iuiutw of t~"L~. i" °° "t, 11 ° + F tb, a •' a' - --- Y"Y ., j`.~ uaauu r~cz" , d. 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. e. Vacation schedules shall be approved by the Department Head. f. 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 atl3er-~~n who voluntarily terminates, retires or dies shall receive payment equal to 100% of the unused days of vacation accrued during the two year period prior to termination, retirement, ar death. If employment is terminated b~death the estate of the employee shall receive payment far the earned vacation time Any em~lo~e who fails to complete hisfher probationary period, is terninated for cause, or fails to give appropriate notice as outlined in Section 15 02 Res~natian, shall not receive payment for earned vacation time. Exceptions maybe made far e~oyees unable to provide full notice of resignation as recommended in writing. by the L7~artment Head and a~ raved by the Village Manager." Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 3. This Resolution shall be effective retroactive to October 1, 2006. PASSED AND ADOPTED THIS 8"~ DAY OF FEBRUARY, 2007. Village Seal YOR ATTEST: VILLAGE CLERK ~) 9.03 SICK LEAVE REL1.IBURSEIiE~T II 9.03.01 PliRPOSE: 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. 9.03.02 CRITERIA: a) This policy is applicable only to those employees not covered by a collective bargaining agreement. b) In accordance with Section 9.02.04 Sick Leave, of the Personnel Rules and Regulations, 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 9.02.04 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 them 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 ~0% 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. ~ 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. 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 9.02.04 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 34 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 Viltage after May 1, the employee shall receive payment for unused sick leave time equal to fifty percent (~0%) 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. 9.03.03. ?-.PPLICATIOti: 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. b) The employee will be required to sign a certificatelaffidavit confirming that the reimbursement for the sick leave credits is final and will not be subject to the grievance process. 35 SECTION 9.04 (New Section) RESOLUTION 21-2000 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE BY ADDING A SECTION 9.04 THERETO TO PROVIDE A POLICY FOR UNUSED VACATION REIMBURSEMENT FOR FULL-TIME EMPLOYEES OF THE VILLAGE NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT; THAT A COPY OF THE NEW SECTION 9.04 IS ATTACHED AS EXHIBIT "A" AND MADE PART HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve amending the Personnel Rules and Regulations of the Village by adding a new Section 9.04 thereto attached as Exhibit "A," which Section 9.04 provides a policy for unused vacation reimbursement for full-time employees of the Village not covered by a Collective ~...- Bargaining Agreement. The unused vacation reimbursement policy shall be effective from and after October 1, 1999. Section 2. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 9th DAY OF MARCH, 2000. r YOR (Village Sear ATTEST: ~. ~~~ VILLAGE CLERK REVISED for 3!9/00 Council meeting '-' ATTACHMENT A 9.04 UNUSED VACATION REIMBLTRSEhIENT 9.04.01 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. 9.04.02 CRITERIA: a) This policy is applicable only to those employees not covered by a collective bargaining agreement. b) In accordance with Section 9.02.01(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 9.02.01(f), the employee cannot accrue more than ttivo 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 wilt 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. 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. 6) 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. ~~ 10_._01 SAFETY' :AND ti`'ORI~ERS' COMPENSATION I~ 10.01.01 ACCIDENT P12EVENTION A.1~tD SAFETY: The development of safe working conditions, practices, habits and thinking are principal objectives to a good safety program. Reaching these goals will result in benefits to employees and the Village. Accidents, injuries, disabilities, damage, lost time and pay, claims and medical expense and improper and dangerous use of equipment, are all operational problems which will be greatly improved by our joint efforts. All department heads and supervisors must recognize their responsibility for a successful safety program and will participate in a safety program designed to eliminate unnecessary accidents and needless expense. Lack of concern, inadequate safety training and improper equipment handling and neglect, for example, increase costs, cause accidents and reduce available manpower. Special supervisory attention must be directed to the proper, safe and economical operation of equipment. Each department head is responsible for the safety training and education of employees under his/her general direction. The department heads will enforce rules and regulations which will ensure reaching all of the objectives of a good safety program. 10.01.02 ACCIDENT REPORTING• All employees shall be advised of their responsibility to report all injuries that occur on the job to their supervisor. Delay in reporting injury can cause complication of the injury and delay recovery. Accident reports are the responsibility of the department head and should be submitted to the Village Manager's office tivithin twenty-four {24) hours after the date of the accident or the report of the injury. If the accident occurs over a holiday or weekend, the accident report should then be submitted within twenty-four hours from the time the work period starts after the weekend or holiday. This also applies to first aid injuries, as well as anyone injured in a vehicular accident. In the case of a vehicular accident it may be necessary to submit a vehicular accident report, but if an employee is injured, a report of injury to employee will also be required. In case of serious injury or fatality, the Public Safety Department and the employee's department head shall be notified immediately. The Public Safety Department will, in turn, notify the Village Manager regarding the accident. 35 In case of fatal injur}•, the employee's department head, the doctor or nurse, and a representative from the Village :Manager's office will contact the fami(v or next of kin, personall~~. y 10.01.03 STEPS TO TAKE IN CASE OF ACCIDENT: All injured employees should go to a physician approved by the Village or the Village's insurance carrier. Seriously injured employees should be taken to the nearest available medical facility. Employees injured after normal office hours who require medical attention before the following morning, will also go to the nearest available emergency medical facility. - Failure to follow the procedures set forth in 10.01.02 and 10.01.03 above shall result in disciplinary action up to and including discharge of the employee. 10.01.04 WORKERS' COMPENSATION: Payment of Workers' Compensation to all employees who are disabled because of an injury arising out of, and in the course of performing their duties with the Village, will be governed by the Florida State Workers Compensation Law. Full wages will be paid for the day of the injury if a disability results or for the part of the day spent receiving medical treatment. If the injured employee cannot return to work on his/her nett shift or normal workday, the injury will be considered a disability starting unmediately following the day of the injury whether it be a weekday, weekend, or holiday. Disability shall be carried in regular pay status for a period not to exceed seven ('~ calendar days. In cases where the disability is continued for an eighth (8) day (or more) an employee will receive in addition to his/her workers compensation an additional payment from the Village, the total compensation not to exceed his/her normal regular pay for a period not to exceed one hundred eighty (180) calendar days. 37 1~ 0.0~. DRLiG-FREE ~~~OR~. PLACE 10.02.01 PURPOSE: This policy is intended to: a. Promote the goal of drug-free work places within the Village through fair and reasonable drug testing methods for the protection of the Village employees and the Village. b. Encourage the Village to provide employees who have drug use problems tivith an opportunity to participate in an employee assistance program or an alcohol and drug rehabilitation program. c. Provide for confidentiality of testing results. 10.02.02 ADOPTION BY REFERENCE• Based on the above stated purpose, the Village adopts by reference Section 112.045 of the Florida Statutes titled Drug-Free Work Place Act. ..,,_ In accordance with Section 2, Chapter 89-173 of Florida Administrative Code, it provides that "This Act shall take effect January 1, 1990, unless a collective bargaining agreement covering the affected employees is in effect, in which case, the Act shall take effect on the renewal date or initial date of any subsequent collective bargaining agreement." It is the V illage's intent and desire to adopt Section 2, Chapter 89-173, as its policy to incorporate and implement the Drug-Free Work Place Act as a policy applicable to all employees regardless of whether they are covered by a collective bargaining agreement or not. 38 SECTION 10.01.01 RESOLUTION 42-2002 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 10.01.01, ACCIDENT PREVENTION AND SAFETY, OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF NORTH PALM BEACH, WHICH AMENDMENT 1S ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby amend Section 10.01.01, Accident Prevention and Safety, of the Personnel Rules and Regulations of the Village of North Palm Beach, which amendment is attached as Exhibit "A''. ,~ Section 3. This resolution shall take effect on August I , 2002. PASSED AND ADOPTED THIS 11th DAY OF JULY, 2002. (Vi!la~;e Sear ~ - l ATTEST: VILLAGE CLERK ~`- EXHIBIT A 10.01.01 ACCIDENT PREVENTION AND SAFETY: > > b ' f f ! ~ 1 It is the policy of the Village of .North Palm Beach to provide and maintain both a safe and healthy working environment for Village employees, to prevent property damage and interruption of operations, and to provide protection to those we serve, the Village residents and the general public. All department headsz a-n~ supervisors, and employees must `- recognize their responsibility for a successful safety program and will participate in a safety program designed to eliminate unnecessary accidents and needless expense. r ^^~~ ^~' ~^~^^ a b , , Special supervisory attention must be directed to the proper, safe and economical operation of equipment. Each department head is responsible for the safety training= -education and compliance with all safety rules and regulations e€ for the employees under his/her general direction. b b All employees are expected to follow all safety rules and to use all safety guards and required personal protective equipment (PPE) in performance of their job. 11. TR~Lti>tiCr 11.01 TRAL~tI1tG: The Village tilanager shall assist the department heads in the training of their personnel. Training need not be Iimited 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 books for such training or education to the Village Manager for agproval prior to beginning of the program in accordance with the following regulations. 11.02 TLZTION REFUND PROGRAM: a. 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. b. Limitations The Village will reimburse employees ~vho successfully complete and receive at least a C on approved courses up to a ma.~dmum of $400.00 per fiscal year for technical or undergraduate courses and up to a maximum of $40.00 for graduate courses. Reimbursement is for tuition only. No tuition assistance is paid for cost of books, fees, supplies, transportation, ~ or other expenses, '' No tuition assistance will be paid prior to the grade of at least a C being verified. Tuition assistance is available to employees who have a minimum of one year's service with the Village. 39 I:mpio~: 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 an~~ reason before the expiration of the one year period, any money paid under tuition refund assistance must be returned to the Village. c. Courses to be Approved No blanket approval of programs or courses will be granted. Only specific courses for a particular semester or term will be approved. 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. Application for tuition assistance must be made on forms supplied by the Village and must be submitted prior to commencement of the course. After the employee's department head has made a recommendation, the Village iVianager, or his designated assistant, will approve or disapprove all applications for tuition assistance. --- d. 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. e. Application Applications for course work to be taken during a fiscal year shall be submitted during the month of May preceding the beginning of that fiscal year. Applications will be approved in accordance with the criteria outlined in the Personnel Rules and Regulations and will be.subject to funds being budgeted and approved by the Village Council for the folIo~ving fiscal year. No funds will be dispersed prior to the start of the fiscal year in which the applications were approved. 40 RESOLUTION OS-2005 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 11.02, TUITION REFUND PROGRAM, OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby amend Section 11.02, Tuition Refund Program, of the Personnel Rules and Regulations of the Village, and to read as follows: "11.02 TUITION REFUND PROGRAM: a. 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. b. Limitations The Village will reimburse employees who successfully complete and receive an A or a B on approved courses up to a maximum of $400.00 per semester for technical or undergraduate courses and up to a maximum of $450.00 per semester for graduate courses. The Village will reimburse employees who successfully complete and receive a C on approved courses up to a maximum of $300 per semester for technical or undergraduate courses and up to a maximum of $337.50 per semester for graduate courses. Grades below C are not eligible for reimbursement. Reimbursement is for tuition only. No tuition assistance is paid for cost of books, fees, supplies, transportation, or other expenses. No tuition assistance will be paid prior to the grade of at least a C being verified. -- Tuition assistance is available to employees who have a minimum of one year's service with the Village. The employee 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. c. Courses to be Approved No blanket approval of programs or courses will be granted. Only specific courses for a particular semester or term will be approved. 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. d. 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 his designee, will approve or disapprove all applications for tuition assistance. Applications will be approved in accordance with the criteria outlined in the Personnel Rules and ~- Regulations and will be subject to budget availability. e. 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 approved 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." Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 27th DAY OF JANUARY, 2005. (Village Seal} MA R ATTEST: VIL!_AGE CLERK 12.00 PAY FOR. PERFOR.~1 A.ti CE ~ (THIS PAGE TivTENTIONALLY LEFT BLA.1VIi) 41 12.01 POLICY STATEMENT 12.01.01. PU'R_POSE: To define the various components of the Personnel Rules & 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, ho~v 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 e.~rtent 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 beriveen the supervisor and the employee. b. To identify, recognize and reward employees whose job performance is outstanding or exceeds expectations. 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: All regular full-time employees (from here forward referred to as "employees") shall participate in the Pay for Performance Program (referred to as "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. 12.01.05. GUIDELP~~IFS: 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 e.~ctent that there remains room to advance within a salary 42 range. The Village recognizes the advantages of rewarding the consistentiv high performer J through the Program. a. Pay for Performance Increases: ~ pay for performance increase may be granted to an employee based on an annual evaluation of his or her performance. A pay for performance increase must be recommended by a supervisor and the Department Head and approved by the Village Manager. The amount of a pay for performance increase will be based on the employee's achievement of personal, divisional, departmental and Village goals and, if applicable, the accomplishment of work program items included in the Village's budget and other policies. 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 any additional funds beyond the ma~dmum of the range. In recognition of the extraordinary service of an employee, a bonus incentive will 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 "Outstanding" or "Exceeds Expectations". The bonus incentive amount shall be one- half of the designated rate increase for the rating attained, not to exceed X1,000.00. 43 i 12.02 I'ERFOR~I.-~\CE EV:~LUATIOti POLICY' 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. Pav 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 CO\~UCT~tG PERFOR.wiANCE EVALUATIONS: Under the direction of the Village ivlanager, the Department Head and supervisors shall be responsible for conducting performance evaluations of employees under their direct supervision. a. Evaluation process. 1). The supervisor and the employee shall both independently prepare in writing an evaluation prior to the review. Supervisors should encourage employees to take the lead in discussing performance in the early part of the revietiv session. 2). After the Supervisor has made comments, the performance evaluation form shall be discussed with the employee. The employee may include written comments, which then become a part of the evaluation. The employee evaluation form shall be completed by the employee's immediate supervisor and shall be reviewed by the Department Head. The Department Head may then make written comments. 3). In every case, a personnel action form shall be completed and attached to the employee evaluation form and forwarded to the Village Manager. 4). The Finance Department will be responsible for managing and tracking all employee evaluation forms and personnel action forms. Once a completed form has been forwarded to the Finance Department, the Finance Director, or his designee, ~r~ll be responsible for verifying that appropriate signatures and approvals have been completed on the forms, and that the forms comply with the Pay for Performance policies. In addition, the Finance Department will be responsible for tracking, analyzing and controlling the distribution of funds in accordance with the percentage levels determined by the Pay for Performance policy. A copy of the evaluation form and a copy of the .,_,._ approved personnel action form will be returned to the Department Head for distribution to the employee. The original copy of the evaluation form and as personnel action form tivill be retained in the empto~~ee's personnel file located in the Finance Department. b. Evaluation due dates: 1). The Finance Department shall send notification and appropriate evaluation forms to the department prior to April 15 of each year. The Department Head may request evaluation forms prior to April 1S in order to provide more time for the completion of a regularly scheduled evaluation, or to request a special evaluation (for excellent or sub-standard performance). 2). Completion and timely submission of performance evaluations are the responsibility of all supervisors and the Department Head. All evaluations and personnel action forms shall be submitted to the Village Manager no later than June 15 of each year and to the Finance Department no later than July 1~. 3). Evaluations for all employees shall be completed every twelve (12} months, but may be completed more frequently if performance warrants. 12.02.04 SCALES: For each category a scale of 1-4 is used when evaluating an employee. The evaluator should use the following definitions: SCALE Belotiv Expectations Meets Expectations Exceeds Expectations Outstanding 1 2 3 4 a. ()utstandina-Performance in this category is exceptional. Accomplishments within the category are truly outstanding and exceptional and such performance is obvious to others within or outside the organization. This rating is reserved far the very few employees whose accomplishments are consistently far above normal expectations. b. Exceeds Expectations=Exceeds performance standards in this category. Accomplishments are noticeably better than competent and of a superior and commendable nature. This rating should apply to employees whose performance within the category is above normal for the position . c. Meets Expectations-Meets all standards of performance in this category. Accomplishments meet expectations consistently and can be considered good or normal. It covers those who regularly perform within the category in a competent manner. d. Below Expectations-Some improvement is required in this category. Accomplishments are adequate, but fall helow normal due to deficiencies. This -~ a5 rating should apply to employees ti~~ho can be expected to perform competently in the categor~~ after more development and training. It will also apply to experienced employees whose performance is somewhat erratic. It is imperative that each employee understand the relationship between job performance and rate of pay and the relationship beriveen 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.OS. PR.IOP:TI'Y 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). Far scoring purposes, the weights act as multipliers. ~..- The priority weights are defined as follows: Priority Weight 1: Of minor importance to the pasition 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: _Verv important to the pasition and to goal attainment. Priority Weight 5: Critical to the position and to the goal attainment. Priority Weight 7,8,9: Special weight granted for obtaining key certifications and management responsibilities for supervisors, division chiefs, or department heads. 46 1'_.03 DISTRIBliTIO\ OF Ft~DS POLICE 12.03.01 PLRPOSE: To define the methodologti- 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. 12.03.0-1. GUIDELLti'ES: The Village Council will determine the total distribution amount through the budget process with the Village staff. Once the total distribution amount has been determined, the distribution of those funds will be as follows: The Village Council shall determne performance increase for "Outstanding" ratings, "Exceeds Expectations" ratings, and "Meets Expectations" ratings during the budget process. The remaining employees will receive an evaluation of "Below Expectations". 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 i/ianager to round out mathematical fractions and correct any inequities in the program. b. Performance evaluations and fund distributions vvili not be subject to appeal or the grievance process. c. Evaluations will occur from April 1~ to June 1~ of each year. In the event a Department Head, supervisors and others responsible for conducting evaluations exceed the percentage limitations for each category of distribution of funds, they will be expected to conduct supplemental evaluations to identify the number of n~ employees that will fit within the various categories so as not to exceed the total distribution amount. For example: if the evaluators were to evaluate a large percentage of the employee base "Outstanding", the evaluators would be obligated to do supplemental evaluations to differentiate betti~•een those who are genuinely "Outstanding" and those who actually "Exceed Expectations," and thus identify an appropriate number of employees eligible for that category. 48 SECTIONS 12.01 12.02 12.03 ~' RESOLUTION 55-2001 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH. FLORIDA, AMENDING SECTION 12.01 POLICY STATEMENT. SECTION 12.02 PERFORMANCE EVALUATION POLICY, AND SECTION 12.03 DISTRIBUTION OF FL^`DS POLICY OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE, w'HICH AMEND~ti1ENT IS ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COL`?~CIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach. Florida, does hereby amend Section 12.01 Policy Statement. Section }2.02 Performance Evaluation Policy. and Section 12.03 Distribution of Funds Policy of the Personnel Rules and Regulations of the Village, which Amendment is attached as Exhibit "A" and made part of this Resolution in its entirety. t- Section 2. This Resolution shall take effect July 2. 2001. PASSED AND ADOPTED THIS 14th DAY OF JUNE. 2nn1 {Village Seal) ATTEST: i VILLAGE CLERK REVISED FOR 6/14!01 REGLZAR AGENDA EXHIBIT "A" 12.01 POLICY STATEMENT 12.01.01. PURPOSE: To define the various components of the Personnel Rules & 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 goats 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 is outstanding or exceeds expectations. 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 ueriod shall begin on June 1 of the~revious vear and end on Mav 31 of the current vear. 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 em~iovees who have comaleted at least 90 davs 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. 12.01.05. GUIDELIV'ES: 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 Ville Council, may be granted to an employee based on an annual evaluation of his or her performance. Y4-~ivr-perTVrmane~~$~-eQse n3u,~~}'.re-TeE6ira:re$vE'~-vj--a t ~ ' a-mean --e b p8}'}F~QST 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 abase salary increase beyond the maxuuum of the range. In recognition of the extraordinary service of an employee, a bonus incentive (not added to base salarv~ will 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 "Outstanding" or "Exceeds Expectations. The bonus incentive amount shall equal the designated rate increase for the rating attained. 2 12.02 PERFORwIANCE EVALUATION POLICY 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. 1~ 02 03 RESPONSIBILITY FOR CONDUCTING PERFORti1ANCE EVALUATIONS: Under the direction of the Village l~lanager, 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 employees 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. ~..f~,..,,,,.,~o ;., t~,o o,,,.~y, ,,,,,-~ rfi +ho ,-o.,;o.,, ~ ~~:,,n. 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 tw-o 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. sh~»a~ursed=.:ztl~ ih•e-empley~e-T;ze-emple7ee-rna7--ie~u~e-writ~te$ `~ nnmm~.,tc,~~ F.•~1+ tea beFeme-a--pa T-ef the -e~luat~i~en. T-he-en~le3~ee CVTiIIZZ~II C.~ T~"n ICII 3 r .-~.., i ~.,.a .,..~. i... .... „ ., vn..,.., ~r.. 3l After the supervisor has completed the evaluation, the performance evaluation form shall be discussed with the employee. The review meeting provides the supervisor the oaaortunity to review the position requirements with the emplovee and to discuss the employee's overall performance, covering both strong_points and areas for improvements. The emplo~v include written comments on the evaluation form. The emplovee self-evaluation should also be discussed during the review meeting. 4). It is aossible that _durin~ the__evaluation _nterview, based__ on additional information and insights from the emplovee on his/her performance, the supervisor may determine the need to modi~ a rating on a specific performance criterion. Anv changes must be shown on the evaluation form and must be initiated by the evaluating supervisor. ~l. After the evaluation... has been discussed, and any modifications made, the emplovee and supervisor shall sign and date the performance evaluation form. After the emplovee 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 b~.the employee, supervisor, and Department Head, the original co~v 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~av 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 emplo, ey e's personnel file. b. Evaluation period and due dates: 1). . The Evaluation Period for employee performance shall be from June 1 of the previous vear through ~tav 31 of the current vear. 2). Completion and timely submission of performance evaluations are the ,,,~ responsibility of all supervisors and the Department Head. All evaluations-a-nd shall be submitted to the Village Manager no later tha^ June ~ 30 of each year ~~3~y-~-3. 3}. Evaluations for all el9gible employees shall be completed every twelve (12) months, but may be completed more frequently if performance warrants. 12.02.04 SCALES: For each category a scale of 1-4 is used when evaluating an employee. The evaluator should use the following definitions: SCALE Below Expectations `feets Expectations Exceeds Expectations Outstanding a. Outstanding- Excellent Performance. Performance ~ , consistently exceeds standards and expectations at an exceptional level. ~-- Demonstrates exceptional ability and initiative. Accomplishments ""t~hti c-~tege~y are truly outstanding and exceptional and such performance is obvious to others within or outside the organization. This rating is reserved for ~e~ €ew employees whose performance is consistently far above normal expectations. b. Exceeds Expectations- Above Average Performance ~. Performance consistently exceeds standards and expectations. Demonstrates notable ability and initiative. Accomplishments are superior and commendable rP. This rating sl}on}d-a~fliP}3` applies to employees whose performance ~i~-tI}e-~~tege~= is consistently above normal expectations-€e~-13e-pesi~ien. c. i~feets Expectations- Average Performanc . ~^ .~,:~ ^^*°rt^~-~r. Performance meets standards and expectations. Demonstrates an acceptable level of ability and initiative. Accomplishments meet expectations consistently and can be considered geed-ef normal. ^°"°^r^' "'t~"~' '''° ^^*°^^~"' This rating applies to emplovees whose performance regularly meets normal expectations. d. Below Expectations- ~~~-ifnPr-e~~eme$t i~ ~-egn~-ed in this eatese~-v e~erienFed Below Average Performance. Performance is below minimum standards and expectations Fails to demonstrate an acceptable level of ability and initiative Improvement is needed to meet performance expectations. This rating applies to emplovees whose performance is inadequate and below acceptable standards. (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 of 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. 12.02.0. 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 (1-4). Although the priority weights are constant in terms of definition, their applicability to a particular dimension of measurement will vary from year to 6 ,,..- ~...- 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 (~ is five (~~ times more important than a priority of one {1). For scoring purposes, the weights act as multipliers. The priority weights are defined as follows: Priority Weight l: 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: Ver~portant to the position and to goal attainment. Priority Weight 5: Critical to the position and to the goal attainment. Priority Weight 6 7 ,$,9: Special weight granted for obtaining key certifications and management responsibilities for supervisors, division chiefs, or department heads. 7 12.03 DISTRIBUTION OF FUNDS POLICY 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.Od. GUIDELINES: The Village Council will determine the distribution a~e~-of funds through the budget process with the Village staff. u n u T- '~f~ @ i~iaiu @~ ~ T i ° - ,_:, . _ ._. Ai~@eS ~it~l~-f'eEQ}yEi ._ , . ~$ B~L '31 '~t~6 ,_ .:.J ^ £ ~~I~E~ , ,,... _ ... . , i~i I = E~F* ..:_.. _ ., ., t ^ ~~ r ~ p r - r-i ~ ,- a a a- v: g vn - r crs -i va5 . 8 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 I~ianager 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. c. « ~~ ., ~,,,.,,.,..;,,.~ .,.,r„~,o„ ~r on.ni~~,~ oi;~.;h~o fn.. rF.nt ...,*a.,,,...~ Evaluations will be completed during June of each vear. Pav for performance increases will be distributed based on the employee's annual performance evaluation score as budgeted by the Village Council. The Village i~ianager 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 RESOLUTION NO. 34-2003 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH; FLORIDA, AMENDING SECTION 12, PAY FOR PERFORMANCE PROGRAM AND GUIDELINES FOR ITS ADMINISTRATION, OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A" AND MADE PART HEREOF; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palrn Beach, Florida, does hereby amend Section 12, Pay for Performance Program and Guidelines for its Administration, of the Personnel Rules and Regulations of the Village, which amendment is attached as Exhibit "A" and made part hereof. Section 2. These amendments are not applicable to bargaining unit members until notice has been provided in accordance with the collective bargaining agreements. Section3. This resolution shall take effect immediately upon its adoption. PASSED ,y'rV7 ADOPTED T~-"~ `'"T" (Village Seal) ' :. AT- - ~' VILLAGE CL 2003. resolutiomSection-12•Amend r-~n~i ~r n r~ ~i 12.01 POLICY STATEMENT 12.01.01. PURPOSE: To define the various components of the Personnel Rules & 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 Gave 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 shalt 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. 1 -- 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 valves 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) will 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 desig-~ated rate increase for the rating attained. 2 12.02 PERFORMANCE EVALUATION POLICY 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: Alt 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 1~ supervision. a. Evaluation process. 1}. Performance evaluations for eligible employees shall be prepared and conducted by the immediate supervisor. The supervisor and the employee shall both independently prepare iii 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. 3 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 shalt 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: ]). 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. Atl evaluations shall be submitted to the Village Manager no later than June 30 of each year. 3). Evaluations for aI1 eligible employees shall be completed every twelve (12) months, but may be completed more frequently if performance warrants. 4 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 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. 5 The priority weights are defined as follotivs: 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: Ver important to the position and to goal attainment. Priority Weight 5: Critical to the position and to the goal attainment. Priority Weight 6,7,$,9: Special weight granted for obtaining key certifications and management responsibilities for supervisors, division chiefs, or department heads. 6 12.03 DISTRIBUTION OF FUNDS POLICY 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 Pa1rn 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 evaluatio^ 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 ali 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. 7 c. Evaluations wilt 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. 8 13. DISCIPLLti~ ~~ 13.01 O BJE CT IV'E: 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. Any 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. 13.02 PROCEDURES: a. Written Instruction and Cautioning Whenever an employee's performance falls below an acceptable level, the supervisor should inform the employee promptly of such lapses in performance and give counsel and assistance to the employee. An employee notice form shall be issued defining the nature of the infraction under the Work Rules and an explanation that future occurrences will result in progressive discipline. Instances of violations of the Work Rules should be specifically referred to by date and incident. b. Employee Notice Form In all cases of disciplinary action, the department head, or supervisor initiating the action is required to complete an employee notice form informing the employee of the action taken. A copy of such notice must be sent immediately to the Village Manager for placement in the employee's personnel folder. The employee's immediate supervisor usually initiates an employee notice. c. Suspensions 1. In General An employee may be suspended indefinitely or far any specified period of time without pay for offenses as defined by the Work Rules andlor 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 49 5u~pend as emploti~ee and later obtain the neces~ar~~ approval of the department head, follo«~ina 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 l~lanager. 2. normal Suspensions 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 ~i~-iting of the accusationslcharges against the employee and the factual basis therefore prior to the effectiveness of the suspension. 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. 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 Pav A department head may recommend and the 'Village vlanager may demote an employee with a decrease in salary and job responsibilities, as appropriate, for such time as is necessary to correct deficiencies in job performance or job qualifications. The duration of such demotion and- reduction in pay and responsibilities, asappropriate, may be temporary or regular as appropriate, under the circumstances. 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 i/Ianager for his final approval. so e. Termina[i~ns 1. In Genera( These procedures for dismissal are promulgated to minimize the risk of improper terminations associated with any such processes. 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. Termination Procedure Prior to the proposed termination, the employee shall be suspended without pay pending the outcome of 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. Such notice shall also specify a time, no sooner than ttivo (2) working days nor later than five (~) 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. 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. Failure of an employee to attend said informal conference after being given notice of same, shall waive an_v rights of the employee hereunder. The Village i~lanager's decision shall be forthwith furnished the employee and shall be final and binding. 3. Appeals An employee who is subject to any disciplinary action specified herein may either pursue the grievance procedure contained in 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 grievance procedure or the informal conference. 13.03 WORK RUZES: Work Rules are considered to be the same as Departmental Rules. In the event of conflict the Personnel Regulations as contained herein and adopted by Council shall govern. 51 ~ 14. GRIE``.~'~CE PROCEDL"RE 14.01 POLICY• This grievance procedure is established to provide full opportunity to employees to bring to the attention of management, complaints, grievances, or situations that the employee feels need either for adjustment or information. It is the intent and desire of the Village to adjust 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 wZll be resolved only after a complete review. The submission of a grievance by an employee shall in no ~vay adversely affect the employee or his/her employment with the Village. 14.02 CAUSES OF GRIEVANCES: An employee may file a grievance for an alleged violation of a policy or work regulation. 14.03 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 (~ 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 hisJher 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 (S) 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. 52 ;TEP 3 If the grievance is not resolved br the department head. the employee may appeal in writing to the Village tilanager within fire (~> ~ti•orking da~•s after the reply by the department head was rendered. The Village tiianager shall within ten (10) working days reply to the grievance in writing. The Village Manager's decision shall be final. 14.04 GEi`tERAL PROVISIOiV'S OF THE GRIEVA~iCE PROCEDURE: a. Anv 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 Village Manager 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 may be extended upon mutual agreement between the grievant and the Village Manager. 53 L__ _ I~• SEPAR._-~TIO~S, SE\IORITI", L:~~'OFF :~.'~D IZEC:~LL ~{ 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 etpressing a desire to resign. Any employee wishing to Ieave 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 ~vho terminate from Village employment shall not be eligible for re- employment 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 54 ~ Iana~er. The ~'illaae ma_v require examinations at its expense. to be performed by phtsicians of its choice. Such examinations may include ph~~sical and/or medical e~•aluations, as «~ell as the completion of current medical history reports. 15.05 DE:~.TH: Separations shall be effective as of the date of death. AI! compensation due to the employee as of the effective date of separation shall be paid to the beneficiary of record, sur~zving spouse, or to the estate of the emptoyee as determined by Florida Statutes. 15.06 SENIORITY, L:~YOFF A.ND RECALL PROCEDUR.ES• 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. a. Tvpes of Seniority: 1. 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 far a period not to exceed twelve (12)~ months. Village seniority shall be used for purposes of computing annual leave accrual, Ionge~zty, and other matters deemed appropriate based on Length of service. 2. 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 SS completion of the probationary period, seniority in classification reverts to date of entry, transfer or promotion into a classification. Seniority will continue to accrue during all types of Leave er-cept for leaves of absence ~yithout pay for thirty (30) consecutive days or more «~hich shall cause this date to be adjusted for an equivalent amount of time. Leave of absence 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 (~ 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 ~~ith job classifications for purposes of layoff, recall and other matters deemed appropriate based on length of service in a classification. 3. Loss of Seniority Employees shall lose their seniority as a result of the following: a. Resignation b. Retirement _ c. Termination for cause d. Layoff exceeding six (~ months e. Failure to report to the department head, in writing, an intention of returning to work within fourteen (l4) calendar days of the date indicated on the return receipt verification of certified mail transmitting the recall offer notice. f. 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. g. Failure to return from military leave within the time limits prescribed by law (see Section No. 9.02.09). h. Failure to return from an authorized leave of absence upon the expiration of such leave. 4. Seniority Records It shall be the responsibility of the Village 1~Ianager to establish and maintain classification and Village-wide seniority records of all employees. b. Layoff Procedures 1. Order of Layoff 55 «~tren it betornes necessarti to reduce the number of emplo~'ees within a given classification and «ithin a given department through a shortage of funds, lack of ~~•ork, or other causes, employees shalt be laid off in the following order: a. Temporary Part-time b. Temporary Fult-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 nett 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 wz11 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 57 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. 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 (~ months. Laid off employees recalled within six (~ months shall have their seniority restored. If re-employed after siY (~ 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 (14) calendar days of the date indicated on the return receipt verification, the laid off employee ~viIl be terminated. 4. Recall will be offered to Iaid 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. 58 16. PARTICIPATION Lti Eti~IPLO~'EE ORGANIZATIO\S 16.01 PARTICIPATIO:~i: 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 COLLECTTL"E BARGALVL~iG 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 or benefits may be greater or lesser than provided for in the Personnel Regulations of the Village. 59 17. El~1PLOY~IE~T OF REL~.TI~~-ES ~ I 17.01 POLICY STATE~IENT• 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. 17.0? DEFL~tITION OF RELATTVE- 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-la~v, 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. 60 1S. OL~SIDE E~IPLO~C'llE\T OK BUSL~~ESS ACTIVITY 18.01 GEV~ERAL STATEIfENT• 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 E1~iPLOYi~NT: 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 having 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 emplo~znent 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. 61 19. POLITICAL .-~CTIti'IT~' RESTRICTIONS i) 19.01 I\TENT• 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 palitical activities of state, county and municipal officers and employees. All Village employees are permitted to hold membership in and support a palitical 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. 19.0? 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 CA.IVDIDACY: 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. 62 ?0. .ti1ISCELL.~..~EOt'S PRO~~ISION~ j 20.01 RETIREti1ENT: 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 DEPARTI~fENT RLTLES• 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 l~lanager 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 examinations 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 Village Council.. 20.0 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. 63 SECTION 20.02 .RESOLUTION 13-2000 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDII~~G THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE BY THE ADDITION OF A SECTION 20.02 THERETO PROVIDING FOR LIFE AND ACCIDENTAL DEATH INSURANCE FOR FULL-TIME Ei~iPLOYEES; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby amend the personnel rules and regulations of the Village by the addition of a Section 20.02 and to read as follotivs: "20.02 Life and Accidental Death Insurance: - The Village will provide and pay for all full-time employee's life and accidental death insurance in the amount of two times the employee's annual salary rounded to the nearest one thousand dollars, with a maximum of $ 100,000." Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 10th DAY OF FEBRUARY, 2000. (Village Seal) s MA OR ATTEST: VILLAGE CLERK APPENDIX I 64 APPLICATION FOR FA:tifILY :~~~D tifEDICAL LF_.-~« I Name of Employee: Department• Supervisor Job: Shift (if applicable): Reason for Leave: 1. You must fully explain the reason for this leave. 2. If this leave is for a serious medical condition you must attach a certification from the physician or authorize the company to contact the physician to verify the need for this leave. Ei~iPLOYEE STATEMENT I need this Ieave because: Date Leave is Scheduled to Begin: Date Leave is cheduled to End: Employee's Signature: Date ortivar e to erector o ersonne On this day of 199_ v iLLAGE tiSE ONLY ll~te Lea~~e Actually Bevan: llate Leave Actually Ended: Medical Certification Attached (check one): ^ YES ^ NO If tiiedical Certification is NOT Attached is Employee Authorization of Release of Medical Information Attached (check one): ^ YES ONO If Village requested certification from the attending physician, attach a copy of the letter and state the date that verification was requested. i,' Copy Attached (check one): ^ YES ^ NO Date certification requested: It telephonic contact was made as a follow-up to obtain certification of the leave list all telephone calls in the Telephone Log Form and attach to this certification. _s Log Attached (check one): ^ YES ^ NO Leave Approved ^ YES ^ NO By (name of Village official): On this day of 199 Leave Disapproved ^ YES ^ NO By {name of Village official): On this day of 199 For the follotiving reasons: 1. State fully the reason this leave was disapproved. (i.e. failure to get certification, withdrawal of employee's request, etc.) .-~U"THORIZ~.TIO:ti FOR RELEASE OF MEDICAL L~~F'ORtiS:~TIO:~ I, (Name of Emploveel ,hereby certify that I have requested leave under the Family and i/iedical Leave Act from my employer, the Village of North Palm Beach. I have asked for this leave because of the medical condition of (Name of Seriously Ill-Either Self or Family Member) . I hereby authorize and request the release of any and alI information to my employer, the Village of North Palm Beach, in order for them to obtain the certification required and permitted by the Family and Medical Leave Act of 1993 to grant me this leave. A photocopy~of this authorization is to be considered as valid as the oriel nal. I hereby certify and direct each and every physician or other health care provider to whom this is sent to cooperate fully by answering, in full, all of the Village's questions. Signature of Employee Date Signature of Witness Date titEDICAL CERTIFICATION STATEi~LENT :~~OTE: This is to be used when the [cave is requested because of tfle illness of an emp(ovee. Name of Patient/Employee: Please state the condition the employee now has: Please provide a brief description of the medical facts upon which both your diagnosis and prognosis are based: Date condition began or was first diagnosed: Date condition is expected to end or improve: Please provide a brief explanation of the limitations this illness imposes upon this' ~' Particular employee and how these limitations will prevent the employee from performing the employee's job. ' If you need information about the employee's duties on the job, please contact AME OF_ VILLAGE OFFICIAL) at __ fPFIONE 1\RJMBERI Health arc Provider's Signature I)atc Health arc I'rov~der's Office 'I'ele~hone Number: ( ) ext. tifEDICAL CERTIFICATION STATEMF'ti~' ,SO'I'L: This is to be used when the leave is requested because of the illness of an employee's family member. Name of Patient/Family Member: Name o Employee: Please state the condition the amity member now has: Please provide a brief description of the medical facts upon which bath your diagnosis and prognosis are based: Date condition began or was first diagnosed: Date condition is expected to end or improve: Please provide a brief explanation of the limitations this illness imposes upon the employee's family member and the extent to which the employee is needed to care for the ill family member and the duration that this care is expected to take. Health Care Provider's Signature uace Health are Provider's ice Telephone Number: ext. ~OZ'ICE tit' I~ITCtiT TO P.ETUZ2N FTO~i LE:~~~"E tiui:tc or t_.mp1o~-ee: )epartment: supervisor: JOU: ..Shift (if applicable): Date Leave Commenced: Date of Return: Statement: I (check one) ^ do -OR- ^ do not intend to return to work at the conclusion of my FitiILA Leave. I understand that restoration to employment at the conclusion of my leave is subject to these conditions. I. If the leave is for my illness, I must provide a written certification from my physician that I am able to resume my regular job duties. The Village will make every attempt to restore me to my original position, but if for some reason that is unavailable, I will be placed in an equivalent position with equivalent pay, benefits and other similar terms and conditions of employment. 3. I understand that I will not accrue any employment benefits during my Ieave unless they are otherwise expressly provided by Village policy. ~• I also realize that the company will maintain me on their group insurance policy, but I will have to make any co-payment that I normally make. I have been advised of this fact and am aware that I will be required to make co-payments on the ... (DATES, TIMES, AMOUNTS) I further understand that my failure to make these co- a continued health coverage, just as they would if I failed to makee them las an employee. Employee's Signature: atC CHI/CI~LIST FOR GR.~~;TI~;G T':~.1III.Y A,?~~ IfEDIC.~L LI/.-~`T, <<~: o~ r.mptovee: e: dewed By: Has the employee worked for the Village for a total of twelve (12) months? (If not, no leave required) ^ YES ^ NO Has the employee worked for the Village for a total of 1,250 hours during the preceding twelve (12) months? (If not, no leave required) ^ YES ^ ~'O Does the employee have any accrued vacation, paid sick leave, etc.? ^ YES ^ NO If so, will the accrued vacation, paid sick leave, etc. be used by this employee at either the employee's option or the Village's option? ^ YES ^ NO Does the employee make any co-payments on his/her health insurance? ^ YES ^ NO If so, has the employee been advised of the need to make additional co-payments and told the amount, «•hen and where to make them? (Failure to make co-payments will jeopardize continued coverage) ^ YES ^ \TO Is this a family leave or a Leave for the purpose of apre-planned medical treatment? ^ YES ^ NO If the answer is yes, has the employee given at least thirty {30) days notice? OYES ^ NO If we have not received thirty (30) days notice, have we been given as much notice as is feasible under the circumstances? (In certain cases, leave may be denied if insufficient notice is given) ^ YES ONO If this is for a medical leave, has the employee supplied the company with a valid medical certification? (If not, no leave required) ^ YES ^ \TO Does the Village question the employee's medical certification? ^ yES ^ NO If the Village questions the certification, has the employee been told to see another doctor, at Village expense, to provide this information? ^ YES ^ NO Has the employee been advised that failure to get authorization to e.~ctend the leave or return from the Leave at the appropriate time will subject him/her to discipline up to and including discharge in accordance with the normal Village policy? ^ YES ^ NO Does the employee work at a remote site where fewer than fifty (50) employees are employed in a seventy-five (75) mite radius? (If so, no leave required) ^ YES ^ NO Grant Lcavc and iVlotiitor as r~ccdcd. ^ YI;S ^ NO ~- [THIS PAGE BLA.~1K] FA;'~fII~Y A:ti'D ~1EDICAL LEA~~ "ILL EPHOtiT LOG FOILtiS Name of Employee: Date Note: 1. This form is to be used as a record of telephonic contact with the physician's office or other health care provider's office in connection with the employee's medical Leave request under the Family and Medical Leave Act. 2. It is important to fill this form out completely on each telephone contact. 3. Use as many lines as necessary to provide complete information on each call. Date: Person Making the CaII: Person Cailed: itiSessage heft: Response: mate: ~'~'rson titakin~ the Cali: Person Called: ~~iessage Left: Response: Date: Person Making the Call: Person Called: Message Left: Response: ~~`O"I'I';: UuE>licalc this ~~a~;c as many ti~tics as is n~'C(~CC~irv e~„~ .,.,,-~, ,......~.._ SAtiiPLE LETTER TO THE PHYSICIAN DATE NAs~IE OF ATTENDI'i IG PHYSICIAI~I 1234 i~zain Street A.nytivhere, USA 00000-0000 RE: NAME OF EMPLOYEE Family and Medical Leave Request Dear' _ (Name of Physician) Our employee, __ (Name of Employee) ,has applied for amedical -leave under the Family and Medical Leave Act of 1993, because of (choose one} _ (His/Her) Illness) or __ (The Illness of a Family Member Specify Name) .The purpose.of this letter is to transnut to you his/her authorization for release of ail medical information and our request that you complete the attached medical certification statement. Please for~cvard this directly to our attention as soon as possible. We cannot begin _ (Name of Emptoyee) `s Leave until we receive and review this information. Thank you for your prompt attention to this matter. Sincerely, SIGNATURE OF Y,[I,LAGE OFFICIAL Enclosures: Authorization for Release of Medical Information Medical Certification Statement