The URL can be used to link to this page

MSV Personnel Handbook TABLE OF CONTENTS APPLICATION PROCEDURES/NEW HIRE INFORMATION . . . . . . . . . 1 GENERAL EMPLOYMENT POLICIES/INFORMATION . . . . . . . . . . . . . 9 CHANGE IN STATUS/EVALUATION PROCESS . . . . . . . . . . . . . . . . . . . . 37 EMPLOYEE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 DISCIPLINE/GRIEVANCE/TERMINATIONS/RESIGNATIONS . . . . . . 59 Personnel Rules & Regulations, 2010 1 APPLICATION PROCEDURES/NEW HIRE INFORMATION MIAMI SHORES VILLAGE PERSONNEL RULES & REGULATIONS The personnel rules presented in this book are intended to guide the Village in its’ relations with its employees. It is recognized that as changes occur, these rules will have to change. Each employee must be informed of these rules and affirm that they have read them or have had them read to them. These rules are intended to apply to all Village employees, except to the extent tha t a particular subject is specifically addressed in a collective bargaining agreement. RECRUITMENT, APPLICATIONS & EXAMINATIONS GENERAL POLICY Miami Shores Village is an Equal Opportunity Employer and will not discriminate against any persons because of race, religion, sex, age, national origin, handicap or marital status, nor will the Village discriminate against any persons based on service in the U.S. Armed Forces. Discrimination is prohibited in hiring, promotion, discharge, pay fringe benefits and other aspects of employment by title VII of the Civil Rights Act of 1964. The 1986 Immigration Reform and Control Act specifies that aliens should not be discriminated against. All new hires must produce appropriate documentation of U.S. citizenship or legal alien status. Employees shall produce a driver’s license or other photo I.D., and social security card. In the absence of a social security card, verification of Social Security Number is required prior to the employee start date. Payroll status reports must be accompanied by a signed Employment Eligibility Verification form. No employee will be placed on the Village’s payroll unless a completed Application for Employment is submitted and approved by the Village Manager. APPLICATION FOR EMPLOYMENT All employees shall be required to complete an application as provided by the Village. In the event a part-time or temporary employee is promoted to full-time employment, it will be necessary for him/her to complete the regular full-time application for employment if one has not previously been completed. Incomplete applications will be returned to the prospective employee’s department head for completion before the applicant will be placed on the Village’s payroll. REJECTION OF APPLICATIONS Applications may be rejected based on failure of the applicant to meet requirements, prior unsatisfactory employment, giving false information, conviction record, or for any other appropriate reason. EXAMINATIONS All appointments, whether at the entrance or promotional level, or by transfer to a different classification, shall be made on the basis of merit, qualifications, experience, and past performance. Practical examinations may be used as part of the selection procedure for appointments when appropriate for the position being filled. Such examinations shall be designed to fairly and impartially test the applicant’s ability, experience and other related qualifications. Examinations may consist of a written test, oral test, performance test, or any applicable criterion deemed necessary by the department head. VACANCIES In the event of a vacancy (a budgeted personnel allocation of any department), such vacancy shall, if at entry level, be filled by voluntary transfer of a qualified employee from within the Village, or by a qualified applicant from the general public. Vacancies occurring at other than entry level in any department shall be filled, when possible, by promotion of the most qualified employees from the next lower or class within the department. If there are no qualified candidates available in the next lower grade or class, or if no lower grade or class exists, then such vacancy shall be filled from within the Village, or by a qualified applicant from the general public. Notice of vacancies shall be posted on all common area bulletin boards for at least seven (7) working days of the date of posting. FILE OF APPLICANTS Each department shall establish and maintain a file of applicants who have applied for employment, and/or who have successfully passed an examination. These applications shall remain valid for six (6) months after filing. Applicants, who already have valid applications on file, do not have to re-submit applications or re-take examinations for additional positions. Applicants are responsible for providing any additional information they wish considered. APPOINTMENTS The department head is responsible for all appointments in their departments. STATUS Effective March 1, 2009, newly hired employees scheduled to work thirty seven and one half (37.5) hours or more per week shall be considered full-time. Employees scheduled to work less than thirty seven and one half (37.5) hours per week shall be considered part-time. Effective February 1, 2010, newly hired, part-time employees are not afforded any benefits other than Holiday Pay (see Holiday Pay). Part-time employees hired prior to February 1, 2010 working 20 hours or less per week are not afforded any benefits other than Holiday Pay (see Holiday Pay). Any person hired to perform work for a specified period of time shall be considered temporary, and will not be entitled to receive any benefits. Upon completion of the specified period of temporary employment, a temporary employee’s employment shall be terminated, unless the temporary period of employment is extended, or the employee is placed on regular full-time or part-time status. ASSIGNMENTS A department head may assign any employee under their jurisdiction to any duties within the responsibilities of that department. Assignments shall be based upon knowledge of the position, capability, and ability to perform. Any employee directed to work at a higher classification for over two (2) weeks may be at the recommendation of the department head and approved by the Village Manager to be paid up to five percent (5%) more than their normal pay rate. Job responsibilities differ from department to department so weekly work schedules may vary. It is the responsibility of the employee to learn their hours of work. MEDICAL TEST/PHYSICAL EXAMINATIONS AND BACKGROUND CHECKS Prospective employees, who have received a conditional offer of employment, may be required to submit to a pre-employment drug screening test and may also be required to submit to a pre- employment medical/physical examination. Applicants for sworn police department positions require a physical examination and shall include a urinalysis, EKG, fingerprinting and polygraph. Applicants in positions which involve the handling of monies may be required to submit to a pre- employment polygraph and background check. The Grounds Foreman and any persons who may be required to handle and use pesticides as part of their routine job duties will be required to have a pre-employment liver profile as a condition of employment. All food handlers will be required to submit t o a pre-employment medical test for infections and communicable disease which are transmitted through handling food supply. All pre-employment tests required by the Village will be paid for by the Village unless employment is terminated prior to satisfactorily completing probation. In this instance, employee will reimburse the Village for the costs of testing. TEST AFTER EMPLOYMENT The Village reserves the right to request employees submit to drug testing or examination by a physician or appropriate qualified health care practitioner at any time to determine whether employees are able to perform their jobs properly and effectively and/or are fit for duty. UNCLASSIFIED VILLAGE POSITIONS/BOARD OR COMMITTEE MEMBERS The Village Manager, Village Clerk and Village Attorney are Charter Officers of the Village and are not subject to these personnel rules. Members of any Village Board or Committee are not considered employees of the Village. TEMPORARY EMPLOYMENT Any person, who is hired by the Village to perform work for a specified period of time, shall be classified as a temporary employee. Temporary employees shall have no right to receive any employee benefits. WORK PERMIT Florida law prohibits the hiring of a person who has not attained their eighteenth (18th) birthday, unless they have obtained a work permit from the County School Board. RE-EMPLOYMENT Before a department head makes a commitment to rehire a former Village employee, the department head must check with the employee’s previous department head as to the employee’s past personnel record, job performance, attendance, reasons for termination, etc. PROBATIONARY EMPLOYMENT Any new or promotional, full-time employee shall be on probationary status subject to the completion of a satisfactory six (6) month probationary period. Sworn police officers and part- time employees are on probation for one year. The probationary period is an integral part of the hiring process and will be utilized to evaluate the employee’s performance on the job. A probationary employee (newly hired) may be terminated at any time during their probationary period, with or without cause. Probationary employees shall have no right to appeal or grieve disciplinary action or termination. It is the responsibility of the department head to complete a written evaluation and performance report on probationary employees. The evaluation and performance report should be completed at least ten (10) days prior to the expiration of an employee’s probationary period. The evaluation and performance report shall state whether the employee’s performance has been satisfactory or unsatisfactory. A probationary employee who receives an unsatisfactory evaluation and performance report shall be terminated. The failure of the department head to complete the evaluation and performance reports within the time specified shall not preclude termination of an unsatisfactory probationary employee. The probationary period may be extended by the Village Manager based on the recommendation of the department head. DRIVER’S LICENSE A valid Florida Driver’s License is required for anyone who operates a Village vehicle. Employees with an out-of -state license will be permitted to drive a Village vehicle for thirty (30) days only as allowed by Florida law. Any employee whose license is suspended, revoked, canceled, or expired shall not drive any Village vehicle until such a time as the license has been reinstated. Failure to notify the Village of the suspension, revocation, cancellation or expiration of a driver’s license shall be cause for disciplinary action, up to and including termination. CHANGE OF EMPLOYEE STATUS It is the responsibility of the department head to stay within the parameters of the departmental budget. Any change in employment status, (e.g. part-time to full-time, temporary to non- temporary), must be approved by the Village Manager. 1986 IMMIGRATION REFORM AND CONTROL ACT Miami Shores Village is subject to the requirement of the Immigration Reform and Control Act of 1986 (IRCA), as amended by the Illegal Immigration Reform Act and Immigration Responsibility Act of 1996. The IRCA makes it unlawful for any employer to knowingly hire, recruit, or for any such employer to hire any individual without complying with the employment verification system established by the law. An employer that hires an alien in violation of the law commits a separate violation if the employer continues to employ the alien knowing that he/ she is, or has become, an unauthorized alien. An “unauthorized alien” is any alien who has not been lawfully admitted for permanent residency, or who has not been authorized to be employed by either the terms of the IRCA or the U.S. Attorney General. The IRCA subjects employers who knowingly hire illegal aliens to civil fines and criminal penalties (including jail terms for repeated violations). The IRCA also establishes mandatory record keeping for all new employers who hire workers (regardless of nationality) after the effective date of the law (November 6, 1986). All new employees must complete an Employment Eligibility Verification form. The law also requires each employer to attest in writing under perjury that it has seen the documentation mentioned above, and to maintain adequate records of such verification. EMPLOYEE CLASSIFICATION AND PAY PLAN PURPOSE Employee classifications are based on job assignments and responsibilities. They are used as an administrative tool to promote consistency and uniformity. Miami Shores Village publishes a pay plan. THE PAY PLAN AND JOB DESCRIPTIONS The pay plan covers all positions within the Village. It groups into classes those jobs which are similar enough in type of work, difficulty, and responsibility to warrant being placed in the same pay range. The position classification list provides a list of job titles. The job descriptions state the major function, illustrative duties, and minimum qualifications for each position. The job titles as listed in the pay plan will be used in all personnel records and transactions. If a department head or an individual employee feels that a position is improperly classified in the pay plan, or that a job description is inaccurate they should discuss it with the Village Manager. APPOINTMENT AND STARTING RATE GUIDELINES A minimum and maximum range of pay is established for each position in the Village. New employees shall be hired within the appropriate range, which reflects the value of the position based upon the qualification needed to perform the work. At the discretion of the Department head with the approval of the Village Manager, new employees may be hired outside of the published pay scale. TRAINEE CATEGORY If an applicant for a position does not meet the minimum qualification but is otherwise qualified for the position, the department head may request an appointment as a “TRAINEE”. In such cases the employee could be hired at a rate of ten to fifteen percent (10-15%) below the minimum salary until the minimum qualifications have been satisfied. This category is used to train people on-the-job who have the potential to do the work, but lack some of the skills or experience needed. The normal time a person remains in a trainee categ ory would be a minimum, of six (6) months and a maximum of eighteen (18) months. The actual training time will depend upon the skills or experience needed in the individual cases. LEAD WORKER CATEGORY Lead worker is a position where duties of a supervisory nature are assigned over a group of positions classified the same as that of the Lead Worker. The assignment is typical in labor or trade occupations where a foreman or supervisor visits several work locations during the course of the work day, and work crews are left on the job without direct supervision. The assignment of the Lead Worker should be made with care and monitored periodically to assure that the employee is functioning in this capacity. When assigned as a Lead Worker the employee may receive up to a five percent (5%) increase above their normal pay rate while on the assignment. When the assignment is removed the Lead Worker pay will be removed. All Lead Worker assignments must be approved by the Village Manager or designee, prior to payment of any compensation. PAYROLL STATUS FORMS Any personnel actions involving changes in pay rate, regular work hours, temporary/regular status, new hires, transfers promotions, or termination must be documented on a Payroll Status Form. This form is to be signed by the employee’s immediate supervisor, department head, the Finance Department and the Village Manager. The purpose of Payroll Status Forms is to insure that the funding for the position is appropriated within the current operating budget, as well as to keep an accurate record in the personnel files. It is the department head’s responsibility to insure that these forms are done correctly by Thursday of each preceding payroll week. In the case of new employees, department heads shall submit with the Payroll Status Form., a completed application or resume, copies of the employee’s driver’s license or other photo ID, social security card, or valid U.S. passport, W -4 form, an Employment Eligibility Form (I-9), a signed probationary notice, the Loyalty Oath and a designation of beneficiary form. GENERAL EMPLOYMENT POLICIES/INFORMATION ACCOMMODATIONS OF INDIVIDUALS WITH DISABILITIES The intent of this policy is to insure that individuals with disabilities are provided with full and equal enjoyment of the programs, services and activities provided by Miami Shores Village. The Village has a sincere commitment to the satisfaction and accommodation of all our citizens regardless of disability. The responsibility for the on going commitment and adherence to this policy lies with each staff member and ultimately with management. A copy of this policy and procedures will be provided to and executed by each appropriate employee and placed in said employee’s personnel file. General Provisions: I. All staff will be provided the authority to make minor changes in policy and procedures as required to accommodate an individual. If extensive or permanent changes are needed, management, with input from the individuals as to his/her preference, will be responsible for making decisions as to what is necessary and appropriate. II. Where readily achievable i.e., financially and structurally possible, permanent solutions have been implement providing for barrier free design for all disabilities. III. All reasonable efforts will be made to ensure that individuals are afforded the opportunity to function independently. IV. All equipment and features that are required to provide ready access to individuals with disabilities will be maintained in working order. Accessible routes will not be blocked and accessible entrances will remain unlocked during operating hours. V. All individuals, whether disabled or not, shall not be discriminated against and shall be served in the same order in which each respective individual seeks assistance. VI. Reader services, Braille and/or tape services for printed material can be provided for those with visual impairments. VII. Policy will be modified to permit the use of service animals. VIII. Interpreter services for public meetings will be provided if requested. The availability of these services will be publicized in announcements. IX. Appropriate signage will be provided to identify accessible features. X. With proper notification or communication regarding public programs, services, or activities, information can be requested regarding special needs of individuals. Information can be obtained regarding accommodations needed for participation based on: -mobility limitations/needs -communication needs -visual impairments XI. Where the removal of structural barriers has been determined as not readily achievable, alternate methods of providing equal access to programs, facilities, or services will be provided if readily achievable. Example: Providing an alternative accessible meeting room should there be a room where accessibility cannot be readily provided. Procedures Relating to Accommodations to be provided at Front Desk In the event a person with a disability is attempting to seek information and/or assistance from front desk personnel, said personnel should ask the individual if he/she would like to move to a table and/or counter within a reasonable and accessible distance from the main counter for information or assistance purposes. Consideration of the anticipated length of transactions and the practicality and efficiency of providing these services from an alternate location than is normally used should be given when providing this accommodation. Employees will also provide, when required, reading services to individuals with vision impairments, and provide pad and pencil to individuals with hearing or speech impairments. This policy and procedure is not intended to be inclusive of all possible practices pertaining to persons needing special accommodations. All requests will be considered independently as each individual is unique and may require creative and thoughtful solutions. Miami Shores Village ADA Grievance Procedures POLICY This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of their disability, in the administration of, access to, Village employment and/or benefits, programs offerings and activities, facilities, or services. PROCEDURES 1) All complaints regarding access or alleged discrimination should be submitted in writing, to the Village Manager’s office for resolution. The Village Manager may be reached at: Village Hall 10050 NE 2nd Avenue Miami Shores, Florida 33138 (305)795-2207 A decision by the Village Manager will be rendered within fifteen (15) working days. A record of the complaint and action taken will be maintained. 2) If the complaint cannot be resolved to the satisfaction of the complainant by the Village Manager, it will be forwarded to the Village Council, and will be placed on the next available Village Council Meeting Agenda. A response by the Village Council will be forwarded to the complainant within thirty (30) days of the Council Meeting. The decision of the Village Council is final. Any individual who believes that they are being discriminated against based on their disability, should report such circumstances to the Village Manager. Any one reporting instances of discrimination will not be subjected to retaliation by the Village. ACCIDENTS The nature of our business involves the use of streets and highways. Accordingly, safety does not stop at the boundaries of the Village property. Speed limits and traffic rules are to be observed and seatbelts must be worn. An employee injured in a job related vehicle accident in which seatbelts are not used shall be presumed to be guilty of “willful misconduct”. They w ill not be eligible for Village disability leave benefits. It shall be the driver’s responsibility to notify the Police Department and their department head immediately when any Village vehicle is involved in an accident, no matter how slight. Failure to report an accident may be grounds for termination. When any employee is involved in an accident during business hours, it is the Village’s policy for the employee to complete a drug/alcohol toxicology screening. ALCOHOLIC BEVERAGES/CONTROLLED SUBSTANCES No Village employee shall report to work under the influence of alcohol or controlled substances. Being under the influence of or using alcohol or controlled substances while on the job, operating a Village vehicle or equipment, shall be grounds for discharge. A department head shall immediately relieve from duty any employee determined to be under the influence of or using alcohol or controlled substances on the job, on Village property, and/or while operating Village vehicles or equipment, and shall initiate disciplinary proceedings to discharge the employee. ANNUAL SALARY ADJUSTMENT An annual salary adjustment (cost of living increase) may be given to Village employees as determined by the Village Council. ANTI-VIOLENCE POLICY It is the intent of Miami Shores Village to provide its employees with a safe and secure workplace that is free from violence, threats of violence, and other forms of harassment. The Village already has policies prohibiting any employee from unlawfully harassing another employee based upon race or sex, or for any other unlawful reason. In order to assure that all employees are protected from physical harm and free from threats of violence while at work, the Village has adopted the following anti-violence policy: 1. Miami Shores Village will not tolerate any employee committing acts of violence or making threats of violence against others in the workplace. (a) For the purposes of this policy, a violent act is defined as the use of unwelcome physical force, or the taking of some other action against a fellow employee which could foreseeably result in physical harm to the employee. (b) For the purpose of this policy, a threat is defined as any declaration or expression of an intention, a promise, a determination, or a potential to inflict or cause to be inflicted harm, pain, or loss on another or to injure or cause injury to another by the commission of some act. Threats can be made orally, in writing, by physical gestures or conduct, or by other means; can be express or implied; and shall include the transmission or communication of such declarations or expressions on behalf of another person. (c) Threats should not be made in jest, as a joke, or as intended humor. Any declaration or expression which falls within the definition in (b) above shall be disciplined as a violation of this policy. 2. Any employee who has been harmed or threatened by another employee shall immediately report the matter to their supervisor. The employee and their supervisor will then report the matter to the Police Department, as necessary. However, any Village employee or citizen who is in danger of an imminent physical injury should contact the Police Department immediately. 3. Any single violation of this policy is grounds for immediate termination of employment. APPEARANCE Village employees represent Miami Shores in all dealings with the public. Appearance, attitude, and behavior all announce to the residents what may be expected from the Village government. Keeping the work area in a neat and orderly fashion is also important. It indicates a safe, efficient, operation. For these reasons, the Village stresses the importance of neat dress, good grooming, and courteous behavior as minimum standards for Village employe es. Village employees may elect to wear casual clothes/jeans to work on Friday provided they present a neat appearance. All employees who have been issued Village uniforms shall wear the complete uniform at all times when they are performing work for the Village. Village uniforms shall not be worn at times other than work hours except for the normal time of travel to and from work. Upon resignation, retirement, or dismissal, uniforms must be returned before the final paycheck is issued. APPROVAL OF PAYMENTS BY VILLAGE MANAGER No official or employee of any department shall make, approve, or take part in making or approving, any payment for personal services to any person or employee unless approved by the Village Manager. ATTENDANCE Absences from duty shall be deducted from the hourly, non-exempt employee’s pay if the reason for the absence is not presented in advance to the immediate supervisor. An absence in excess of three (3) days without approved explanation shall be considered a reason for dismissal. Department heads are responsible for accounting for the daily whereabouts and activities of themselves, their supervisors, and their employees. Employees are expected to be prompt and ready for work at the scheduled starting time each day, and are not to make preparations for leaving before the end of their shift. An attendance record shall be maintained and kept up-to-date for every non-temporary Village employee. The record will indicate an employee’s absence from work and the reason for each absence. The form shall be used for the period of one (1) fiscal year (October 1 to September 30). By October 15 of the following fiscal year, the sheet will be returned to the Finance Department to be included in the employee’s personnel file. The department head will be responsible for calculating and carrying forward accrued time. The form shall be signed by both the department head and the employee. Should an employee be terminated for any reason during the year, the attendance record shall be returned to the Finance Department with the payroll status form. The department head shall indicate in the comments section of the attendance record all accrued benefits. The pay out of benefits for which pay out shall be allowed will then be calculated at the applicable rate of pay and shown in the remarks section of the payroll status form by the department head. CHAIN OF COMMAND Employees are responsible to their immediate supervisor. Supervisors are responsible to their department head, and department heads are responsible to the Village Manager CHANGE OF NAME AND/OR ADDRESS If an employee’s name, address or telephone number changes the employee must complete a Status Change Form and send it to the Finance Department immediately. COLLECTIVE BARGAINING AGREEMENTS Miami Shores Village has two collective bargaining agreements, the terms and conditions of which apply to specific employees that are members of certified bargaining units. 1. The Federation of Public Employees (F.P.E.) 2. The Police Benevolent Association (P.B.A.) Bargaining unit employees should refer to their respective union agreements for specific policies and procedures which may add to or modify provisions of these rules. CONFLICTS OF INTEREST Employees may not use their position in the Village for their own personal benefit. Under no circumstances shall a Village employee use the fact that they are a public employee to secure outside work or special consideration. DOMESTIC VIOLENCE POLICY Miami Shores Village will grant unpaid leave for a period of absence in accordance with the terms of this policy. All regular full-time employees, upon successful completion of three months of employment, may be eligible for domestic violence leave of absence not to exceed three (3) working days during any twelve (12) month period. Employees may qualify for this unpaid leave for one or more of the following reasons: - If the employee, family member or someone living in the household is a victim of domestic violence; - To seek an injunction for protection against domestic, dating or sexual violence; - To obtain medical/dental care and/or mental health counseling to address physical or psychological injuries resulting from the act of domestic violence (for either the employee or a family/household member); - To obtain services from a victim-services organization; - To make the employee’s home secure from the perpetrator of domestic violence, find new housing or to escape the domestic violence perpetrator; or - To seek legal assistance for issues involving the domestic violence situation or to attend and prepare for court-related proceedings arising from the act of domestic violence. “Domestic Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another household member. “Family or household member” means spouse, former spouse(s), person(s) related by blood or marriage, person(s) who are presently residing together as if a family or who have resided together in the past as if a family, and person(s) who are parents of a child in common regardless of whether they have been married. With the exception of person(s) who have a child in common, the family or household members must be currently residing or have in the past resided together in the same dwelling unit. “Victim” means an individual who has been subjected to domestic violence. The twelve month period for determining whether the three (3) day entitlement has been exhausted is based on a rolling twelve (12) month period measured backward from the first date of leave. An employee seeking leave under the Domestic Violence Policy must first exhaust all unused vacation, personal and/or sick leave available before receiving Domestic Violence Leave. All requests must be submitted in writing and obtain written approval prior to using this time. An employee requesting time off for Domestic Violence Leave must provide appropriate advance notice of the leave, plus sufficient documentation of the act of domestic violence, unless the employee or a family member is in imminent danger. Miami Shores Village considers Domestic Violence Leave requests confidential in nature and will keep all information relating to employee leaves under this policy confidential within the scope of the law. ELECTRONIC MAIL (E-MAIL) ACCEPTABLE USE POLICY “Electronic mail (E-Mail)” is a means of sending, receiving or copying messages between computers or other electronic devices using the Village’s frame relay and computer networks. As defined in this policy, Electronic mail services not only consist of the use of Village -provided electronic mail systems, but also the act of sending and/or receiving electronic mail across the Internet, whether from internal or external sources. The purpose of this “Electronic Mail Acceptable Use Policy” is to establish guidelines and minimum requirements governing the acceptable use of Village-provided electronic mail (e- mail) services. By establishing and maintaining compliance with this policy, risks and costs to the Village can be minimized while the valuable potential of this communication tool can be maximized. The objectives of this policy are to: 1) Ensure that the use of Village-provided equipment, including personal computers, telesystems, and the electronic mail services are related to, or for the benefit of, Village government; and/or specifically related to user’s job responsibilities and duties except as provided in Section G of the Village’s Internet Policy. 2) Inform users that electronic mail messages and documents are subject to the same laws, regulations, policies, and other requirements as information communicated in other written forms and formats; i.e. Public Records Laws. 3) Minimize disruptions to Village government activities from inappropriate use of Village-provided electronic mail services. 4) Provide users with guidelines describing their personal responsibilities regarding confidentiality, privacy, and acceptable use of Village-provided electronic mail services as defined by this policy. This policy applies to any person and/or contractors (“users”) whose access to, or use of, electronic mail services is funded by the Village or is available through equipment owned or leased by the Village. This policy incorporates by reference the Miami Shores Village Internet Policy. Electronic mail is subject to the Florida Public Records Law (Chapter 119.F.S.) Records are subject to the standard retention laws just like any other form of written communication. All E- mail is presumed to be a public record. A. User must understand that Electronic Mail is not private communication. All information transmitted via the Village’s Internet/Electronic mail system(s) can be reviewed at any time by persons employed by the Village or by any member of the public. Electronic mail communications may best be regarded as a postcard rather than as a sealed letter. Disclosure may occur intentionally or inadvertently when an unauthorized user gains access to electronic messages. Disclosure may also occur when electronic mail messages are forwarded to unauthorized users, directed to the wrong recipient, or printed in a common area where others can read them. There is no expectation of privacy at any time. There is no right of privacy even as to incidental personal use allowed by Section G of the Village’s Internet Policy. B. As an electronic mail participant, each user must comply with this “Electronic Mail Acceptable Use Policy”. By participating in the use of networks and systems provided by the Village, users agree to comply with Village policies governing their usage. Users may not access the E-mail of co-workers without specific authorization. C. Department/Division Heads are required to oversee that their area’s E-mail users conform to the Village Policy described in this and all other related documents. D. Users must ensure that the content of anything exchanged (sent and/or received) via electronic mail communications be appropriate and consistent with Village policy and subject to the same restrictions as any other correspondence. E. Electronic mail communications, if allowed to accumulate on a server, can quickly consume the server’s disk space and may cause system problems. Although deletion of unnecessary E-mail communications is encouraged, users should refer to an approved record retention schedule for proper procedure regarding disposition of electronic mail communications. This can be obtained through the Village Clerk. For security, all files created on Village computers are automatically saved each evening and stored for a period of seven years. F. Users may not solicit or distribute any form of solicitation for charitable, personal business or union organizations without the express written approval of the Village Manager. Only Village sponsored solicitations will be permitted. G. Users must comply with Village policies, procedures and standards. H. Users must be courteous and follow accepted standards of etiquette. I. Users must protect others’ privacy and confidentiality, but must comply with the public disclosure regulations. J. Users must use information technology resources efficiently and productively. Acceptable electronic mail activities are those that conform to the purpose, goals, and mission of the Village and to each user’s job duties and responsibilities. The following list, although not all-inclusive, provides some examples of acceptable uses: - Communications and information exchanges directly relating to the mission, charter, and word tasks of the Village, including electronic mail in direct support of work- related functions or collaborative projects. - Communications, including information exchange, for professional development or to maintain job knowledge or skills; - Applying for or administering grants or contracts for Village government programs or work-related applications; - Communications with other city/state agencies and business partners of state a gencies providing document delivery or transferring working documents/drafts for comment; - Announcements of Village laws, procedures, hearings, policies, services or activities; - Research and information gathering in support of advisory, standards, analysis, and professional development activities related to the user’s Village governmental duties. Unacceptable use can be defined generally as activities that do not conform to the purpose, goals, and mission of the Village and to each user’s job duties and responsibilities except as provided in Section G of the Village’s Internet Policy. Viewing, sending or receiving any pornographic material is strictly prohibited. Any electronic mail usage in which acceptable use is questionable should be avoided. When in doubt, seek policy clarification prior to pursuing the activity. Users should take all reasonable precautions to prevent the use of their electronic mail account by unauthorized individuals. To help in ensuring the integrity of the Village system, you should refrain from “opening” communications from unknown sources. While the Village has several levels of security, there are viruses which could infect the system, resulting in lost data and computer down-time. Transmission of electronic mail to locations outside of the Village’s local area network may require the use of the Internet for transport. Since the Internet and its tools adhere to open and documented standards and specifications, it is inherently an unsecured network that has no built-in security controls. Although confidential and sensitive information should not be included in electronic mail communications unless proper, formalized security precautions have been established, certain electronic mail communications may be privileged or confidential (i.e. medical information). It is the responsibility of each user to protect confidential and sensitive information where intentional, inappropriate, or accidental disclosure of the information might expose the Village or an individual to loss or harm. Electronic mail messages are not personal and private. The Village reserves the right to monitor and/or log all electronic mail communications without notice. Therefore, users should have no expectation of privacy in the use of these resources. Disciplinary actions shall be in accordance with the Village’s Disciplinary Policy as contained in the Personnel Rules and Regulations. In general, violations of these policies shall be considered in the most serious possible manner. EMPLOYMENT OF RELATIVES No Village employee may work for, or be under the direct supervision of, any person to whom they are related. Relatives included in this section: mother, father, son, daughter, sister, uncle, aunt, first cousin, grandchild, grandparents, nephew, niece, husband, wife, father-in-law, mother- in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepparent, stepchild, stepbrother, stepsister, half brother, half sister. EQUIPMENT The Village provides employees with necessary equipment, materials, and vehicles to carry out their job assignments. If an employee is assigned any such equipment, it is their responsibility to exercise reasonable care in its use, to preserve the life of the equipment, and to observe all safety precautions. Personal use of vehicles, materials, supplies, tools or other Village equipment is not allowed unless special permission is granted by the employee’s department head. Employees who do not return equipment upon separation from the Village will be liable for reimbursing the Village for the full replacement value of the equipment. FINANCIAL DISCLOSURE Employees who are required by the State Ethics Commission to file Financial Disclosure statements with the Supervision of Elections, will automatically be sent a form and filing instructions from the State of Florida. Other employees who are required to file a Financial Disclosure form will be notified by the Village Clerk and must complete the form and file it with the Village Clerk. The completion of the State form automatically satisfies the Miami Shores Village Financial Disclosure requirements. GIFTS OR FAVORS Employees shall not accept gifts, favors, services, or anything of value from persons or organizations in connection with their employment with Miami Shores Village. GUN POLICY Subsequent to the passage of the “The Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act”, it is permissible for an employee holding a license to carry a concealed weapon or firearm, pursuant to Section 790.06, Florida Statutes, to keep a lawfully possessed firearm locked inside or locked to an employee’s motor vehicle, while parked in a Miami Shores Village parking lot. Any such firearm shall remain in the vehicle, and shall not be exhibited or displayed on Village property. HOURS OF WORK The Village Manager establishes the hours of work for all departments and divisions of the Village depending on the functions and operations involved, and establishes starting and quitting times. The Village Manager may delegate this function to department heads. INSPECTION OF PUBLIC RECORDS Miami Shores Village will comply with all requests for inspection of, or copies of, public records in accordance with the provisions as outlined in Chapter 119, Florida Statutes. INTERNET USE POLICY “Internet Access” means the communication lines, software, and computers which the Village supplies. Each employee’s use of the Village’s Internet system must conform to these guidelines, without exception. This policy is also intended to inform employees that the media and information transferred through the Village’s Internet access, including e -mail, and other digital information in their possession or use is neither private nor confidential. A. Users are required to: 1. Limit use of the Village’s Internet access to legitimate Village business purposes except as permitted in Section G of this policy. 2. Learn and observe the permissible and prohibited uses of this policy. B. Users are cautioned that the Internet is not a secure environment. They should not transmit over the Internet any unlicensed or illegal software, or any Village owned software. There is no expectation of privacy over the Internet. Additionally, any material stored in a Village computer is available to a supervisor at any time and there is no expectation of privacy as to such material whether public business or incidental personal use as allowed by Section G. C. Department/Division Heads are required to oversee that their Department/Division’s Internet users conform to the Village Policy described in this and all other related documents. D. Permissible Uses 1. Miami Shores Village provides Internet access to employees solely for business purposes except as permitted in Section G of this policy. 2. Internet access is intended to provide employees with ready access to information and communication available through the World Wide Web, when necessary for research, review and retrieval in the conduct of Village business. 3. All material retrieved is the property of Miami Shores Village, as is any electronic mail created, sent, received or downloaded through Village supplied Internet access and is presumed to be a public record pursuant to Chapter 119 F.S. 4. Electronic mail may be used on the Internet to conduct Village business. When electronic mail is used on the Internet, it is subject to the Village’s E-Mail policy. 5. All Internet material is subject to review by supervisory and/or other Village employees at any time, including material constituting the incidental personal use allowed by Section G. There is no expectation of privacy and such material is presumed to be public record, and may be reviewed by supervisors or members of the public. E. Prohibited Uses 1. The Village’s Internet access may not be used for any purpose that is unlawful or unethical. 2. Usage of Internet access may not compromise the integrity or business of the Village in any manner. 3. No proprietary or sensitive information shall be transmitted to another party through the Internet for any purpose. This includes information relating to the conduct of the Village’s business, legal or financial affairs, unless authorized by the Department Heads. 4. Employees may not access the Internet from outside the Village, including home computers, using the Village’s Internet accounts unless in the conduct of Village business with prior approval of their Department Head and/or Village Manager. 5. Employees may not use the Village’s Internet access, including incidental personal use to view, access, retrieve, or review any material which is obscene, sexually oriented, offensive, abusive, harassing, threatening, or which violates Federal, State or local laws or ordinances. 6. The Village’s Internet access may not be used to conduct personal business or for any personal gain. This prohibition includes use of the Village’s Internet access to “surf the Net” for any purpose which is not directly related to Village business. This prohibition includes use of any individual component of the Village’s Internet access. 7. Employees may not access or subscribe to any Internet news group or web page, which is not directly and specifically related to the Village’s business. In no case shall the Village incur any additional charges for any subscription, business related or not, without prior written approval of the Department Head and/or Village Manager. 8. Purchases of any goods, materials or services made by Internet access shall conform to the Village’s purchasing and procurement procedures. Any employee who violates this provision shall be personally financially liable for the full amount of all purchases. No exceptions shall be made. In no case is an employee ever permitted to engage in personal or non-Village related transactions over the Internet. 9. Downloads of files and e-mail attachments acquired through the Internet may not be used without prior screening for viruses in a manner approved by the Finance Director. 10. For security reasons, persons not employed by the Village, including former employees, may not use the Village’s Internet access. 11. Employees may not reveal assigned passwords, log-on procedures, or any other specific information to any other person unless otherwise directed by the employee’s supervisor. Employees may not share passwords with other employees. F. Monitoring 1. The Village reserves the right to monitor any or all Internet access, including incidental personal use material. 2. Monitoring may include on-line monitoring of Internet access, tracking web-sites visited, amount of time spent on-line, access of data storage media and virtual private network usage. G. Incidental Personal Use The Village Manager has determined that minimal incidental use of the Village Internet/E-Mail System will be permitted. This incidental usage must never impair productivity and is intended for occasional situations when a personal message needs to be relayed in the most efficient manner. Occasional/Incidental use of the Village’s Internet/E-Mail system must follow acceptable workplace norms and standards. Abuse of the spirit of this policy will result in termination of Internet and E-Mail personal use. In addition, abuse of the letter or spirit of this policy may result in disciplinary action, up to and including termination. H. Disciplinary Actions 1. Violations shall cause the termination of Internet access privileges which may impact an employee’s ability to perform his/her job which may result in demotion or termination. 2. Disciplinary actions shall be in accordance with the Village’s Progressive Discipline Policy. 3. Specific disciplinary actions shall be based upon the nature of the violation and the effect of the violation upon the Village’s business. In general, violations of these policies shall be considered in the most serious possible manner. JURY DUTY All Village employees who are summoned for jury duty shall receive full pay while serving, not to exceed five (5) working days. The Village Manager may approve payment for jury service which extends beyond five (5) working days upon request of the employee which has been approved by the employee’s department head. The employee may keep the mileage fee, unless he uses a Village vehicle, or is receiving reimbursement of mileage per the Travel Policy. Any employee summoned for jury duty must notify their supervisor as soon as possi ble, before taking time off for jury duty. Employees who are required to serve more that one (1) consecutive day of jury duty shall notify their supervisor prior to the beginning of each work day of absence due to jury duty. If an employee is released from jury duty in time to return to work that day, the employee will be expected to return to work as soon as possible. Any payment received for jury duty (excluding meal allowance or mileage fees) shall be assigned to the Village. MEAL POLICY It is the Village’s policy that all employees must take an unpaid meal break if they work at least seven and one-half (7 1/2) hours per shift or work day. An employee who works less that seven and one-half (7 1/2) hours in one (1) shift may also take unpaid meal break with the supervisor’s permission. During the meal period, an employee is free to leave the premises and shall not perform any work. This policy does not apply to members of the Police Department. Department policy will specify whether thirty (30) or sixty (60) minutes will be allowed for meal breaks. The exact time an employee will take a meal break will be determined by their supervisor. Employees must obtain permission from their supervisor in order to work through a meal break, or to change their meal schedule. OUTSIDE EMPLOYMENT All Village employees with secondary jobs must complete an Outside Employment Statement and file it with the Village Clerk, as required by the Miami Dade County Code of Ordinances. Those employees with secondary jobs or who do odd jobs, must understand that their Village job is their first responsibility. It shall not be neglected at the expense for any secondary or off-job activity. No facility or property of the Village is to be utilized by an employee while engaged in any secondary employment, unless specifically approved by the Village Manager in writing. Employees engaged in secondary employment must comply with all licensing requirements to do such work. The Village cannot continue to employ a person whose secondary employment, in the judgment of the supervisor, is interfering with that employee’s ability to perform Village work in a normal manner. OVERTIME Employees may be required to work overtime whenever it is required by their department head or supervisor. No employee shall be permitted to work overtime without the prior approval of their department head or supervisor. Overtime compensation will be paid to non-exempt employees at the rate of one and one-half (1 1/2) times the employee’s regular rate of pay for all time worked in excess of forty (40) hours in a work week. At the discretion of the department head, employees may be granted compensatory time off at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. Compensatory time may not accumulate to more than fifty (50) hours. Salaried (exempt) employees are expected to perform any additional services and hours of work that may be required to fulfill their job responsibilities without overtime compensation. Administrative/supervisory employees who are called out by another supervisor to work at a non-supervisory job (e.g. equipment operator) shall be paid their normal base salary at straight time. This shall be paid from the budget of the department requesting the assistance. Each administrative/supervisory employee is subject to call in any emergency, and at any time as determined by their department head or Village Manager. All employees who do not punch a time clock must document all overtime worked. Documentation shall be provided on a TIME OFF/OVERTIME CARD. Employees must have prior authorization from their supervisor to work overtime. The card should be completed as appropriate, and approved by their supervisor prior to the employee overtime. Employees who punch a time clock must have prior authorization to work overtime. This authorization must be noted by the supervisor on the employees’ timecard. Removal of time cards from the work place by the employee is prohibited. Where an administrative/supervisory employee other than a department head is required to work overtime, the employee may be paid compensatory time or pay at on and one-half (1 1/2) times the employee’s regular rate of pay, subject to the budget upon approval of the department head. The Village Manager shall be informed weekly of overtime approved by the department head pursuant to this paragraph. It is the department head’s responsibility to maintain an up-to-date log of the accrued overtime of each employee in the department. PAYCHECK INFORMATION Payday shall be Friday. It is the policy of Miami Shores Village not to make advances on any employee’s pay, except when on vacation. Checks will be distributed every Friday unless that day is a holiday, in which case checks will be distributed the last work day preceding Friday. The pay period runs from Saturday through Friday, a week behind. Any pay check errors should be reported immediately by the employee to his supervisor. Direct Deposit of an employee’s paycheck may be arranged through the Finance Department. Persons leaving the employment of the Village between regular days will receive their pay checks at the next regular pay day. All Village property must be turned in at the time of separation and prior to receiving final pay check. Because the Village pays insurance premiums one month in advance, the prorated cost of the coverage for the remainder of the month will be deducted from the employee final check. An unclaimed payroll check is a check that cannot be delivered to the employee for whatever reason. Since the unclaimed check represents an obligation to the employee, the check should not be voided. If the check cannot be delivered within one (1) week, it should be returned to the Finance Department. PERSONNEL FILES Chapter 119, of the Florida Statues mandates that personnel files are public records and are available for public inspection. Personnel files are maintained in the Finance Department. Employees wishing to view their Personnel File may make arrangements to do so by scheduling a mutually convenient day and time during regular Village business hours but outside the employee’s normal work schedule. Personnel files may contain any of the following: Employment Application Reports Resume Letters of Commendation W-4 Form Training Certificates Pay/Classification Changes Personnel Change Documents Performance Evaluations Counseling/DisciplinaryAction Reports Medical information concerning Village employees is not considered a public record. Medi cal records may not be released without a court order or the employee’s permission. The public records law prohibits public disclosure of the home addresses, photographs, telephone number, etc., of current or former sworn law enforcement officers, and code enforcement officers. POLITICAL ACTIVITY A Village employee may participate in political activities on their own time if such activities do not create a conflict of interest with the employee’s duties and responsibilities as a Village employee and if such activities do not involve the employee’s use, or attempted use, of his or her position of employment with the Village for the benefit of a political issue or political candidate. A Village employee must request and obtain from the Village Manager, a l eave of absence from Village employment prior to participating in any political activities, including a campaign for political office, which create a conflict of interest with his or her duties and responsibilities as a Village employee. A Village employee shall not engage in any political activities involving the Village, including seeking election or appointment to a Village office, while actively employed by the Village. A Village employee must resign or obtain a leave of absence from the Village Manager prior to engaging in any political activities involving the Village, including seeking election or appointment to a Village office. Section 112.313, Florida Statutes, prohibits a Village employee from being a member of the Village Council while at the same time continuing as a Village employee. REPRESENTING PRIVATE INTERESTS Employees may not represent private interests before Village boards and agencies. SUSPICIOUS INCIDENTS Any Village employee, excluding sworn police officers, who, during working hours, reports a suspicious incident, person, or crime in progress to the Miami Shores Police Department which results in arrest will, at the discretion and approval of the Department Head, be given one (1) day off with pay. TARDINESS Non-Exempt (hourly) Village employees are expected to be prompt and ready to work at the scheduled starting time each day, and they are not to make preparations for leaving before the end of their shift. If an hourly employee is tardy, the eight (8) minute rule will go into effect. An employee will be docked fifteen (15) minutes for tardiness from eight (8) to twenty-two (22) minutes. From twenty-three (23) to thirty seven (37) minutes the employee will be docked thirty (30) minutes, and so on. Personal leave, vacation leave nor sick leave time shall be used to compensate for the tardiness. Excessive or repeated tardiness shall be cause for disciplinary action, up to and including dismissal. TELEPHONE All telephone calls received by the departments in the Village should be answered by identifying the Village (Miami Shores Village) and the department that they have reached, i.e. Finance, Code Enforcement, Building, Public Works, etc. TRAINING When considered in the best interests of the Village, employees may be granted leave with pay to attend professional and technical institutes or conferences which contribute to their knowledge or improve their effectiveness in Village service. All such leave must be approved in advance by the Village Manager. UNAUTHORIZED ABSENCES Unauthorized absences from work for a period of three (3) or more consecutive working days may be considered as an employee’s voluntary resignation, or cause for dismissal. UNEMPLOYMENT COMPENSATION When the Village receives the initial unemployment compensation notice, the Finance Department will contact the department head regarding a statement explaining why the employee left. At the predetermination interview, the department head and any supervisor involved should be present. If benefits are denied, the Finance Department shall let the department head know. If benefits are granted, the department head should consider filing a letter of appeal. The department head and anyone with first-hand knowledge shall be present at the Appeals Hearing. If the Appeals Referee upholds the Claims Examiner, the Finance Department shall consider requesting a hearing before the Unemployment Appeals Commission. When the Village receives a Notice of Claim but was not the last employer, the Finance Department shall notify the department which employed the claimant and find out what type of employee the claimant was. If the claimant was a good employee, and if the appropriate vacancy exists, the department head may consider extending an offer of employment to the claimant. UNLAWFUL DISCRIMINATION / HARASSMENT POLICY The purpose of this policy is to set forth the policies of the Village regarding unlawful discrimination and/or harassment; and to set out procedures for reporting, investigating, and resolving complaints of discrimination and/or harassment. Miami Shores Village will not tolerate the unlawful discrimination or harassment of any individuals on the basis of race, religion, color, sex, age, national origin, disability, veteran, or family status or any other status or condition protected by applicable state or federal laws. It is the policy of the Village that all of its employees have the right to work in an environment that is free from unlawful discrimination and harassment. All employees must avoid behavior that is intended to or has the effect of improperly discriminating against or harassing an individual because of race, religion, color, sex, age, national origin, disability, veteran, or family status, or any status or condition protected by applicable state or federal laws. Employees who are found to have engaged in discrimination or harassment based on race, religion, color, sex, age, national origin, disability, veteran, family status, or any other status or condition protected by applicable state or federal laws, will be subject to severe disciplinary action, including suspension without pay, demotion, reduction in pay, transfer, or discharge. Examples of the types of actions and behaviors that are prohibited by this policy include, but are not limited to the following: A) Hiring or failing to hire or making any other decision affecting the terms and conditions of employment (including but not limited to promotions, transfer, pay rates, and pay increases, training opportunities, and discipline and discharge) based on race, religion, color, sex, age, national origin, disability, veteran, or family status, or any other status or condition protected by applicable state or federal laws. B) Any verbal, physical, computerized communication (e-mails), telephonic (texting) or visual conduct that belittles or demeans any individual on the basis of race, religion, color, sex, age, national origin, disability, veteran, or family status, or any other status or condition protected by applicable state of federal laws. This includes, but is not limited to: 1) Use of language, slang, slurs, or other behavior toward members of the public, fellow employees, or other individuals with whom an employee comes into contact at work that is derogatory, belittling, or insulting based on a person’s race, religion, color, sex, age, national origin, disability, veteran status, family status, or any other status or condition protected by applicable state or federal laws. 2) Telling or otherwise disseminating jokes that are derogatory, belittling, or insulting based on a person’s race, religion, color, sex, age, national origin, disability, veteran or family status, or any other status or condition protected by applicable state and federal laws. 3) Displaying or distributing, regardless of the means used to distribute, pictures, greeting cards, articles, books, magazines, photos, drawings, cartoons, caricatures, or similar materials that are derogatory, belittling, or insulting based on a person’s race, religion, color, sex, age, national origin, disability, veteran, or family status or any other status or condition protected by applicable state or federal laws. C) Any of the following: 1) Unwelcome sexual advances; 2) Requests for sexual acts or favors, with or without accompanying promises, threats, or reciprocal favors or actions; and 3) Other verbal or physical conduct of a sexual nature to an employee when submission to the conduct is made either explicitly or implicitly a condition of an individual’s employment; submission to or rejection of such conduct by an individual is used as the basis for employment decisions; such conduct has the purpose or effect of substantially interfering with an individual’s work performance; or such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment. Examples of such conduct include but are not limited to: a) Lewd and sexually suggestive comments b) Off-color language or jokes of a sexual nature; c) Slurs and other verbal, graphic, or physical conduct relating to an individual’s gender; or d) Any display of sexually explicit pictures, greeting cards, articles, books, magazine, photos, or cartoons. EMPLOYEE RESPONSIBILITIES 1) There are forms of conduct which are offensive and inappropriate to reasonable persons under virtually all circumstances. Examples of such conduct include but are not limited to the use of racial slurs, or requiring employees to submit to sexual advances in order to obtain some employment benefit. Other forms of conduct are not necessarily offensive or unwelcome to reasonable persons under all circumstances. For example, individuals have different levels of sensitivity to joking in the workplace, and different perceptions of what is appropriate language in the workplace. A joke, comment, or “rough” language that is not offensive to most people may be offensive to one particular person. All employees are expected and required to avoid conduct that a reasonable person would view as offensive and unwelcome. In addition, in order to assure that employees with different levels of sensitivity to jokes, similar comments, or rough language do not offend more sensitive co-workers, all employees are encouraged to notify a supervisor or their co-workers of the conduct that they view as offensive or unwelcome. 2) Any employee or individual who believes they have been discriminated against or harassed in violation of this policy is required to report the problem immediately to their supervisor, their department head, or any other member of management. Employees shall report their concerns or complaints by filing a written complaint, or by notifying a member of management of the problem. 3) All employees are required to cooperate fully in any investigation of alleged unlawful discrimination or harassment. All employees acknowledge that either written or tape recorded complaints or statements may be necessary. 4) If any employee is not satisfied with the action taken by the member of management initially contacted regarding the concern or complaint, employees shall bring the matter to the attention of the Village Manager. SUPERVISOR/DEPARTMENT HEAD RESPONSIBILITIES 1) All supervisors and department heads are required to monitor the work environment on a daily basis to assure that there are no indications that unlawful discrimination or harassment is occurring. 2) All supervisors and department heads are required to intervene and promptly stop any observed action that may be considered unlawful discrimination or harassment. 3) All supervisors and department heads are required to report any act of discrimination or harassment of which they become aware to the next level of Management or the Village Manager. COMPLAINT PROCEDURES Employees are required to report a complaint or concern under the following circumstances: 1) The employee believes that they have been subject to discrimination or harassment based on their race, religion, color, sex, age, national origin, disability, veteran or family st atus, or any other status or condition protected by applicable state or federal laws. 2) The employee observes unlawful discrimination or harassment. 3) The employee hears a co-worker complain about unlawful discrimination or harassment. Complaints normally should be made to the employee’s supervisor, department head, or the Village Manager. However, an employee can make a complaint to any member of management. In the event that the employee believes that the department head may have improperly discriminated against or harassed an employee, the person raising the complaint should bring it to the attention of the Village Manager. Whenever possible, initial interviews with the complainant shall be conducted with another member of management present. Complaints shall be in writing and signed by the employee. Miami Shores Village will promptly investigate all claims of discrimination and/or harassment in violation of this policy. In the event that the Village determines that an employee acted improperly, the Village will take prompt action to resolve the matter. When necessary, the Village will immediately ensure that the complainant and the subject to the complaint are separated so that the contact between the two is avoided or minimized to the greatest extent possible. All complaints will be kept as confidential as possible under the applicable law. PROTECTION AGAINST RETALIATION Miami Shores Village prohibits retaliation against a complaining party or someone cooperating in any investigation of alleged unlawful discrimination or harassment. Any person who retaliates against an employee for making a complaint under the policy, or cooperating in an investigation of alleged unlawful discrimination or harassment, is subject to severe disciplinary action, up to and including immediate dismissal. USE OF LANGUAGES OTHER THAN ENGLISH IN THE WORKPLACE Miami Shores Village serves a diverse community, and welcomes diversity in the workplace. Residents and customers of Miami Shores come from all parts of the world, and speak a variety of languages. Miami Shores Village is fortunate to have employees who are also fluent in languages other than English. Without employees who have these important language skills, Miami Shores Village would be unable to fully serve all of its residents and customers. While Miami Shores Village values the skills of its employees who speak more than one language, it also recognizes that situations will arise in which it is necessary to communicate in one common language in order to provide effective governmental services safely and efficiently. Miami Shores Village acknowledges that the citizens of the State of Florida ratified an amendment to the Florida Constitution (Article II, Section 9), which states that English is the official language of this State. Therefore, when it is necessary to require employees to speak a common language, Miami Shores Village will use English as the common language. The purpose of this policy is to explain those circumstances when employees will be expected to communicate in English, while assuring employees that they are generally permitted to communicate in other languages. Except for situations specifically listed as being acceptable to speak in a language other than English, it is generally acceptable for employees to speak to each other and customers in a language other than English. Examples of when such communication is acceptable include, but are not limited to, the following: - Employees are encouraged to speak in a language other than English when the resident or customer who is being assisted prefers to speak in that foreign language. Miami Shores Village employees are the “customer service representatives” of the Village. The Village expects employees to communicate with all residents or customers to the best of their ability. This can include communicating in a language other than English when doing so is helpful and comfortable for the resident or customer. - Employees are permitted to speak in a language other than English when they are on break, or when they make personal phone calls. - Employees are permitted to speak in a language other than English, when they are having casual, non-work related conversations with other employees. - Employees are permitted to speak in a language other than English, when they are communicating with other employees who are comfortable speaking that foreign language, and where speaking the foreign language does not interfere with safety or efficiency in the workplace. The United State Equal Employment Opportunity Commission (EEOC) recognizes that there are valid business reasons for sometimes requiring employees to speak English. The EEOC acknowledges that when valid business reasons for such a policy exist, it is not a violation of law to require employees to speak English. In accordance with the guidance provided by the EEOC, Miami Shores Village may require its employees to speak English in the following circumstances: - When the employee is communicating with customers, co-workers, or supervisors who only speak English. - In emergencies or similar situations in which workers must speak a common language to promote safety. - In situations where employees must work together on an assignment, and in which the use of English is needed to promote efficiency in the work group. - To enable supervisors who only speak English to monitor the performance of an employee or employees whose job duties require communication with coworkers and/or customers. - In some cases, it may be necessary for a bi-lingual employee to communicate with a resident or customer in a foreign language and also translate the conversation into English for the benefit of a supervisor or another employee or resident. Examples of situations where this may be required are: During training, in order to assure that the employee being trained is communicating accurate and complete information. While communicating important safety information or similar information when failure to assure accurate information can result in liability to the Village. When more than one employee is or may be dealing with the customer’s inquiries or issues, such that it is important to assure that all persons who may potentially interact with the residents fully understand the information that has been communicated. When communicating by radio, in order to insure that information transmitted is received and understood by all persons who rely on the radio communication, and to assure safe and efficient operations, Miami Shores Village expects all employees to continue to professionally and respectfully communicate with their fellow employees, customers, residents and all individuals conducting business. Miami Shores Village will not tolerate rude, disrespectful, hostile or harassing communication in any language. When there is competent evidence of such communication, Miami Shores Village will take prompt action to remedy the situation. Miami Shores Village is committed to providing all employees a workplace that is free from unlawful discrimination or harassment, and that does not interfere with any employees legal rights. It is not the intent of this policy to discriminate against anyone based on national origin or to restrict anyone’s right to free speech. If any employee believes that the policy is being implemented or enforced in a discriminatory or unlawful way, the employee should report the matter to a member of management. Management will promptly review the matter, and take appropriate remedial action where necessary. VEHICLE USAGE POLICY It is the policy of Miami Shores Village that Municipal Vehicles only be used for business purposes by municipal employees. Certain designated employees may be required to use municipal vehicles to commute for non-compensatory reasons, subject to IRS rules (e.g., to be available on 24-hour call). Said employees may be required to commute in vehicles belonging to the Village. Such employees may not use municipal vehicles for personal purposes other than commuting or deminimis use (e.g. a stop for personal errands on the way home). At no time shall Village vehicles be used in the course of employment not associated with Village employment. Employees required to commute in the manner above shall be required to reimburse the Village for the benefit derived by commuting in a municipal vehicle. Said reimbursement shall be based upon the round trip mileage from home to work on a daily basis times the mileage reimbursement rate established by Florida Statutes or it can be the $3.00 per day rules as approved by the IRS. The only exceptions to these rules will be the Police Department Vehicles. The Police Department has established a separate policy which addresses police take-home vehicles. WITNESS SERVICE Time spent by any employee subpoenaed to testify during normal duty hours in any matter involving their Village duties, and not as an adverse party or witness testifying on behalf of an adverse party to the Village, shall be considered work time. Employees subpoenaed under any other circumstances may be requested to use vacation or personal time. CHANGE IN STATUS – EVALUATION PROCESS EMPLOYEE PERFORMANCE EVALUATION PROGRAM The Employee Performance Evaluation Program shall be designed to permit the supervisor to encourage better job performance. During the course of the evaluation, the employee’s supervisor shall be responsible for offering at least one (1) way in which the employee might improve. This should be written out by the supervisor, initialed by the employee and forwarded to the Finance Department for inclusion in the employee’s personnel file. REQUEST FOR EVALUATION The Village Manager or department head may, at any time, request a completed evaluation to: 1. Be considered a factor for approving or disapproving pay increase; 2. Indicating how the employee’s past job performance has been evaluated by their supervisor; bring out the employee’s strong points, and by bringing out any weak points, serve as a basis for discussion of how improvement can be made. 3. Call attention to the need for training employees whose job evaluation reveals that their performance is in need of improvement. 4. Be used in assessing an employee’s potential for promotion; 5. Be considered in the matter of disciplinary actions. EVALUATION PROCESS Completion of the evaluation of an employee involves the process of: 1. Rating the employee 2. Explaining very low or very high ratings 3. Holding a personal interview with the employee 4. Allowing the employee to review and comment on the evaluation 5. Submitting the completed evaluation form to the Finance Department. EVALUATION FORMS Evaluations shall be completed on the forms provided by the Village, unless otherwise approved by the Village Manager. EVALUATION FOLLOWING PROBATIONARY PERIOD Prior to a probationary employee becoming a permanent employee, the supervisor must complete an evaluation for the employee. EVALUATION PERIOD Evaluations cover only the period of the evaluation. All evaluations done after the review date will cover only the time up to the original review date. Late evaluations do not change the original review date. Any merit increase will be retroactive to the original review date. ANNUAL REVIEW PAY INCREASES Pay increases are not automatic, but may be achieved by means of merit salary advancement, across the board increase, promotions, reclassifications, and pay range adjustment. REVIEW DATE An employee’s anniversary date may not coincide with the employee’s original date of employment because of promotions, transfers, job reclassification, etc. Hence, the review date may vary from year to year. EMPLOYEE STATUS Information regarding the pay plan and the employee’s status therein may be secured from the department head. MERIT INCREASE A merit increase in the workplace represents a raise for work performance worthy of praise and of superior quality. It is performance above and beyond normal job duties. Therefore, a MERIT INCREASE should reflect this by rewarding a meritorious employee. A MERIT INCRE ASE will only be given to exemplary employees. The merit increase will be in the zero to five percent (0-5%) range and must be approved by the Department Head and Village Manager. To further reward exemplary employees, the Department Head may, at their discretion, and with the approval of the Village Manager, recommend a bonus to be paid to the employee. EVALUATION OF EMPLOYEES WHO HAVE REACHED MAXIMUM SALARY Employees who have reached their maximum salary must be evaluated nonetheless and may, upon the recommendation of the Department Head and approval by the Village Manager, receive a salary increase above their maximum salary as listed in the pay plan. RECLASSIFICATION/ORGANIZATIONAL CHANGES When a position is reclassified to a higher class, an adjustment to salary should be handled in the same manner as in Promotions. When a reclassification results in assignments to a lower class, adjustment should be made in accordance with the rules for Demotions. A. When a request for reclassification is received, the Finance Department will determine: 1. Whether there are funds available for the difference in pay caused by the proposed reclassification action, and; 2. Whether the proposed reclassification could result in a reorganization of the unit. B. If the proposed reclassification would involve the expenditure of additional monies, then normal fiscal and budgetary procedures must be followed prior to implementing the change in order to ensure good budget and position control. C. If an employee is reclassified without an increase in salary, the review date for the evaluation does not change. D. If a reclassification request involves any type of reorganization, then the request must first be processed though the Village Manager. If approved, evaluation and reclassification can take place. E. The Village Manager is the final authority on the approval of all reclassifications, new positions, and organizational changes. PROMOTIONS A promotion occurs when an employee is moved from a position in one class to a position in a different class which has a higher maximum salary. The promoted employee should receive a salary increase to at least the minimum rate of the new pay grade. An additional increase of up to five (5) percent may be granted within a designated period of time from the date of promotion. This period is used by the supervisor to evaluate the performance of the employee and to assure that the employee can satisfactorily perform the duties of the new position. The employee’s supervisor may, at any time during this designated period, certify that the employee is qualified for the additional promotional increase. DEMOTIONS If an employee is demoted, the demotion will be to a lower job classification which may include a reduction in pay. Employees receiving demotions at their own request or due to an inability to perform the work because of health or other reasons, may be adjusted to a lower job classification. When a demotion of this nature occurs, there is normally a reduction in the employee’s pay. However, the employee’s department head may recommend, subject to the Village Manager’s approval, that the employee remain at the pay level attained prior to the demotion. If the employee’s current salary is above the maximum rate established for the lower pay grade, the salary will be frozen until such time as there may be a general pay adjustment or the employee is promoted to a higher class. TRANSFERS Employees transferred within like classifications are not eligible for an increase in pay. Employees transferred to another position in a higher classification or pay grade will be handled in accordance with the rules established for Promotions. Employees transferred to another position in a lower classification or pay grade will be handled in accordance with the rules established for Demotion. EMPLOYEE BENEFITS HOLIDAYS The Village observes the following as paid holidays for full-time, non-temporary employees. Employees classified as part-time employees will be paid holiday pay. New Year’s Day Martin Luther King Jr.’s Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Friday after Thanksgiving Christmas Day Any other date specifically designated a holiday by the Village Council. If any holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. If any holiday falls on a Sunday, the following Monday shall be observed as a holiday. For PBA and FPE Union members, if a recognized holiday falls on an employee’s scheduled day off (other than Saturday or Sunday), the employee will have the option of either receiving pay for the holiday or receiving an extra vacation day. In the event any employee’s working schedule, in the opinion of the department head, will not permit taking a recognized holiday off, such employee shall receive an extra vacation day, unless employee received additional paid compensation for day worked. In the event a recognized holiday falls during the absence of an employee while on vacation, leave with pay, or sick leave with pay, the holiday will not be charged against vacation or sick time. However, the employee may be required to present a physician’s certificate documenting illness on the day before or after the holiday to receive holiday pay. If an employee is unable to properly document sickness on a scheduled work day before or after a holiday, they may be docked the holiday pay. PERSONAL DAYS New employees receive one (1) personal da y during their probationary period, and if hired prior to March 1, are eligible for a second day prior to the completion of the fiscal year. Thereafter, two (2) personal days per fiscal year are to be taken subject to the following conditions: A. Personal days may not be carried over from one fiscal year to the next, and will not be paid out upon termination of employment. B. Personal days may be used in one (1) hour increments at the discretion of the department head. C. Personal days must be approved by the employee’s department head in advance of the day off. SICK LEAVE PURPOSE OF SICK LEAVE Paid sick leave is provided for Village employees who incur a legitimate illness or injury. Sick leave is not to be considered a right which an employee ma y use at their discretion, but rather as a privilege which shall be allowed for purposes as set forth below, subject to the limitations of the employee’s leave accrual and any other provisions contained herein. ACCRUAL OF SICK LEAVE Permanent, full-time employees shall earn sick leave at the rate of one (1) normal work day per month, to a maximum accrual of seven hundred twenty (720) hours for employees hired prior to March 1, 2009 and four hundred eighty (480) hours for new employees hired after March 1, 2009. No sick leave shall be accrued for any time worked in excess of the normal work week. Neither temporary employees, nor part-time employees shall earn sick leave. Further, should an employee find it necessary to use sick leave in conjunction with separation from Village employment due to long-term disability, such employee shall not earn sick leave during such leave period. ELIGIBILITY FOR USE OF SICK LEAVE For any of the reasons set forth below, an employee shall be eligible to use accrued sick leave after completion of the first six (6) months of Village employment. Upon the recommendation of the department head and with approval of the Village Manager, accrued sick leave may be used by an employee before completing six (6) months employment. NOTICE TO SUPERVISOR An employee must notify their immediate supervisor and request sick leave prior to the employee’s starting time. USES OF SICK LEAVE Sick leave may be granted for the following purposes: A. Absence due to personal illness. B. Personal medical and dental appointments which cannot be scheduled outside the employee’s working hours, with the department head’s approval. C. Absence due to exposure to contagious disease, where the health of others would be endangered by attendance at work. D. Absence due to the illness of a member of the employee’s immediate family where it can be certified that the employee’s personal care and attention is required. Sick leave for this purpose must be approved by the department head, and abuses shall result in its revocation. For purposes of this rule, the term “immediate family” shall mean the natural or through legal adoption, parent, child, spouse, or other relative who lives in the employee’s household. PAYMENT FOR SICK LEAVE UPON SEPARATION OR DEATH Upon either normal or early retirement (i.e. receipt of Village retirement benefits), full time, general employees shall receive payment for one hundred percent (100%) of their accrued sick leave benefit to a maximum of 720 hours for employees hired prior to March, 1, 2009, and a maximum of 480 hours for employees hired after March 1, 2009 . Full time, general employees separating from the Village in good standing, shall receive fifty percent (50%) of their accrued sick leave, subject to the same maximum hours as listed above. No payout will be given due to termination for misconduct or if the employee is not in good standing with the Village. No payout will be given to part-time or part-time temporary employees. SICK LEAVE ACCRUED FOR LAID OFF EMPLOYEES WHO ARE RE-EMPLOYED Employees who are laid off shall be allowed to retain all unused sick leave accrued up to the effective date of the lay off. If the employee is re -employed within six (6) months, they shall retain the unused sick leave accrued prior to lay off. The employee may, at any time, receive pay for this accrued sick leave, as provided above. An employee who receives payment for unused sick leave shall not be entitled to retain said sick leave upon recall or RE-EMPLOYMENT, unless equivalent funds are returned to the Village. INJURY INCURRED OUTSIDE VILLAGE EMPLOYMENT No sick leave shall be granted to an employee who is injured while gainfully employed by an employer other than the Village, except by written authorization of the Village Manager. FALSIFICATION OF SICK LEAVE REQUEST Falsification of sick leave request or abuse of the privilege shall be grounds for disciplinary action or discharge. APPROVAL OF SICK LEAVE REQUESTS A department head may approve or disapprove any employee’s request for sick leave after they have made adequate investigation to determine the validity of request. REQUIREMENT OF PHYSICIANS CERTIFICATE A department head may require any employee who requests sick leave to submit a physician’s certificate verifying the need for such absence, and stating the date or dates that the employee was under the physician’s care, and the date on which the employee was able to return. SICK LEAVE CHARGES Sick leave shall only be charged for absences on a day which an employee would otherwise work and receive pay. COMPUTATION OF SICK LEAVE CHARGES Absence from work for sick leave shall be charged at the actual number of sick leave hours used by the employee. PAYMENT OF SICK LEAVE Payment of sick leave shall be made on the employee’s regular payday, and advance payment for such leave shall be prohibited. RATE OF PAYMENT FOR SICK LEAVE FOLLOWING PROMOTION OR DEMOTION Employees using sick leave after the effective date of their promotion or demotion shall receive sick leave pay at the rate in effect at the time sick leave is taken. USE OF SICK LEAVE FOR ON THE JOB INJURIES An employee who is injured on the job shall be entitled to use sick leave if necessary, in conjunction with Worker’s Compensation Benefits, as outlined in the disability leave section of these Rules. SICK LEAVE NOTIFICATION & NOTICE TO SUPERVISORS Unless circumstances do not permit, an employee shall be required to notify their immediate supervisor as early as possible on each sick day utilized. An employee who fails to report to their supervisor for three (3) consecutive working days may be considered as having resigned, or may be discharged for failing to notify their supervisor of an absence. If an employee becomes ill on vacation leave, the employee, with the department head’s permission, may change the vacation leave to sick leave. MEDICAL LEAVE RELATIVE TO CONTINUED EMPLOYMENT The Village Manager, on the recommendation of the department head, may require any employee to submit medical certification that they are physically or mentally fit to continue working or may require that such employee be examined for such certification by a doctor selected by the Village. If it is determined that the employee is physically or mentally unfit to continue working, the department head may require the employee to use part of their accrued sick leave, or may take such other action as deemed best in accordance with the Personnel Rules and Regulations. PERFECT ATTENDANCE Effective January 1, 1996, employees will be entitled to one (1) bonus personal day for each complete year of perfect attendance. The calculation will be based on the employee’s anniversary year and awarded in the following year. It is the responsibility of the employee to bring their attendance record to the attention of their department head and the department head’s responsibility to verify the information and to alert the Finance Department of the bonus day. VACATION LEAVE ACCRUAL OF VACATION LEAVE All full-time, non-temporary employees shall accrue vacation leave with pay on a monthly basis, at the rate of ten (10) working days per year. After completing four (4) full years of Village service, employees shall earn one (1) additional day of vacation leave each year, up to a maximum of twenty (20) days of vacation leave per year after completing thirteen (13) years of Village service. Vacation leave accrued in a previous year must be used prior to next year’s anniversary date (unless authorized by the Village Manager). No vacation leave shall be earned for any time worked in excess of the normal work week. Part-time or temporary employees will not be afforded any vacation leave. RESTRICTION ON ACCRUAL OF VACATION LEAVE Vacation leave shall only be earned by employees while in paid status. Should an employee use their vacation leave in conjunction with separation from employment, such employee shall not accrue any additional leave during such leave period. ELIGIBILITY FOR USE OF VACATION LEAVE An employee shall be eligible to use accrued vacation leave after successfully completing their probationary period, subject to the approval of the department head. VACATION LEAVE RECORDS Vacation leave accrual and usage for all employees shall be maintained by the Finance Department. No vacation leave shall be granted except on the basis of such records. APPROVAL OF VACATION LEAVE REQUESTS An employee’s request for vacation leave shall be approved or disapproved by the employee’s department head and shall, if approved, state the date the leave is to begin and the date the employee is to return to work. In scheduling and granting vacation leave, the department head shall give due consideration to the employee’s length of service, work requirements of the Village and the wishes of the employee. CHARGES AGAINST VACATION LEAVE ACCRUAL At the request of the employee, vacation leave may be charged for absence due to sickness but only after the accrued sick leave is exhausted. Employees may not use vacation leave to offset a suspension or other disciplinary action. PAYMENT FOR VACATION LEAVE Payment of vacation leave shall be on the employee’s regular payday. Advance payment for vacation leave may be obtained if requested in advance by the employee and approved by the department head. PAYMENT OF UNUSED VACATION LEAVE UPON SEPARATION Upon separation from Village employment in good standing, and upon successful completion of their probationary period, employees shall receive a lump sum payment for any unused accrued vacation leave up to the maximum allotted for the employee’s length of service (e.g., an employee separating from Village employment having completed 9 years of service will have a maximum vacation leave payout of 14 days, assuming they have not used any vacation time within the year). At the discretion of the Village Manager, this provision may be modified in application to specific situations. Payments for unused vacation leave upon resignation or retirement shall be at the employee’s regular rate of pay at the time of separation. No unused vacation leave payment shall be made to any employee who has been discharged for miscon duct or who is not in good standing with the Village. In the event of the death of an employee, payment of unused vacation leave shall be made to the beneficiary designated by the employee. RATE OF PAYMENT FOR LEAVE FOLLOWING PROMOTION OR DEMOTION Employees using vacation leave after the effective date of their promotion or demotion shall receive vacation leave pay at the rate in effect at the time vacation leave is taken. VACATION LEAVE EXTENSIONS PROHIBITED Vacation leave shall not be used in advance of being earned. Department heads shall coordinate their vacations with the Village Manager’s Office in advance of their intended vacation periods to ensure the efficient operation of Village services. The employee’s anniversary date will be the basis for computing earned vacati on time. If a former employee is rehired after a break in Village employment of thirty (30) or more calendar days, they are considered new employees and must satisfactorily complete the applicable probationary period prior to becoming eligible to use accrued vacation leave. LONGEVITY PAY In order to recognize the value of long term employees and to reward employees for continued years of service, the Village will pay a longevity bonus. The longevity bonus is paid the first payroll in December to full-time employees who have been employed by the Village for seven (7) years or longer, according to the following schedule. 7 - 13 years $500 14 - 20 years $1000 21 years or more $1500 Effective January 1, 2010, part-time permanent employees are not entitled to longevity pay. The bonus is paid out to eligible employees in active service. The number of years of service is calculated as of December 1 of the calendar year in which the bonus is paid. TUITION REIMBURSEMENT When funds are available, the Village may pay for all or a portion of approved tuition costs incurred by an employee taking a job related course approved by the Village Manager. These courses should be taken during off duty hours so as not to conflict with the employee’s work schedule. As approved by the department head, and to such an extent that the normal business of the Village will not be disrupted, courses may be taken during normal business hours. All regular full-time employees who have completed their probationary period are eligible to apply, provided they are not receiving payment for educational expenses from other sources. Employees shall submit an application which stipulates that the employee will remain working for the Village for a minimum of one (1) full year after the completion of the approved course(s). Should the employee’s employment be terminated during this period, the employee shall repay the Village for funds paid to the employee for educational expenses. The employee shall provide documentation of successful completion of the course and receipt for monies paid before reimbursement can be made. For letter grades A and B (or satisfactory if letter grades are not issued), reimbursement shall be at one hundred percent (100%) for tuition and books. Reimbursement shall be at fifty percent (50%) for grades C and D, and will not be made for unsatisfactory grades. GROUP HEALTH INSURANCE The Village pays up to an approved, budgeted amount on a monthly basis for single, basic health coverage for regular full-time employees. Union members should consult their union contract for Health Insurance Benefits. Information on medical and dental plans is available from the Finance Department. Coverage for new employees becomes effective on the first of the month following or coincident with thirty (30) days of continuous employment. If an employee qualifies as a dependent under another individual’s coverage, arrangements can be made to reimburse the cost of dependent coverage up to the Village’s approved allotment per month. To add a newly acquired dependent to a health plan, an enrollment form must be submitted to the Finance Department within ten (10) days after the event, such as marriage, birth, adoption, legal guardianship. Additions become effective the first (1st) of the month following receipt of the paperwork. Newborns are covered retroactive to their birth. Deletions are effective the first (1st) day of the month following receipt of the form. Open enrollment in October of each year is the only time additional dependents to an existing plan may be added (other than a new spouse, a newborn, or termination of spouse’s coverage). Only full-time employees are eligible to enroll for the Village group insurance benefits. The purchase of supplemental insurance coverage, i.e. cancer, accident, intensive care, etc., and additional life insurance is also available in October during open enrollment as a payroll deduction. The Village offers its employees a Cafeteria 125 plan whereby qualified payroll deductions for health insurance costs/child care costs are deducted prior to applicable taxes being calculated. Information relating to the Flexible Spending Account may be obtained from the Finance Office. LIFE INSURANCE The Village provides a $50,000 life insurance policy to all general and FPE, full-time, non- temporary employees of the Village. A life insurance beneficiary form should be completed by applicable employees upon their hiring. LONG-TERM DISABILITY Long-term disability benefits are available to regular full-time Village employees who have been employed by the Village for at least six (6) months. Long term disability benefits may be applied for through the Village’s insurance carrier and if approved, the long term disability benefits begin on the ninety first (91st) day following the date of disability. A disabled employee must use accumulated sick or vacation leave during the first ninety (90) days following the date of disability. An employee who is determined eligible for Village disability benefits will be kept on the Village payroll throughout the ninety (90) days following the date of disability. When an employee applies for long-term disability benefits, they may be required to apply for a Family Medial Leave of Absence or may be given a medical leave of absence without pay, and shall be terminated on the ninety first (91st) day following the date of disability if the long term disability benefit is approved. A request for temporary staff during a prolonged employee absence may be presented to the Village Manager. Specific details on the Village’s Long Term Disability Insurance Plan can be reviewed in the Finance Office. PENSION PLAN GENERAL INFORMATION Miami Shores Village maintains a pension plan for all regular full-time employees and a separate pension plan for sworn police officers. The following summary is intended to provide a general overview of the Pension Plan. The pension plan is set forth in Chapter 18 of the Miami Shores Code and in a publication printed every other year entitled “Pension Plan Summary”. In the event of any conflict between the Code provision s and the summary contained herein, the Code provisions will govern. SPECIFIC QUESTIONS ABOUT PENSION RIGHTS AND BENEFITS SHOULD BE DIRECTED TO THE FINANCE DEPARTMENT. There are two Miami Shores Pension Boards, one for the General Employee Pension Plan and one for the Police Officers Retirement Pension Plan. Miami Shores Village makes contributions at such amounts which, together with contributions by members, income investments and other income, will be sufficient to meet the cost of maintaining and administering the plan. ENROLLMENT The Village’s pension plan for general employees (non-sworn police personnel) is mandatory for all permanent full-time employees who have completed one (1) year of service. The Police Retirement Plan is mandatory for all regular, full-time sworn police officers upon completion of their training period. If a temporary, part-time employee changes status to full-time, pension deductions will begin one (1) year from the change of status date for general employees and immediately for sworn police officers. If either a full-time general employee or a full-time sworn police officer becomes part-time, they are no longer eligible to participate in the pension plan. DEDUCTIONS A payroll deduction of six percent (6%) of base wages for the general employees and a payroll deduction of nine percent (9%) of base wages for sworn officers will be made according to the respective effective dates of enrollment. These deductions will continue for as long as the employee is in permanent full-time status. VESTING AND RETIREMENT The normal retirement age for general employees is age sixty-two (62), with ten (10) or more years of credited service or after thirty years of service. Normal retirement for Police Officers is after twenty-five (25) years of service. After fifteen (15) years of creditable service, a general employee may retire early at age fifty-five (55) or over with a significant reduction in pension benefits. Upon ten (10) years of service, a vested interest will be applied to accumulated benefits. Thereafter, if an employee does not receive a refund of their contributions, they will be entitled to receive pension benefits commencing at normal retirement age. Upon retirement, a general employee is entitled to two percent (2%) of their monthly average salary times the number of years of creditable service, with a maximum benefit of 60% of salary. This monthly average is calculated from the highest three (3) years of salary over the last five (5) years. Employees must provide the Finance Department with certified copies of a birth certificate or two other acceptable proof of age documents, a request for Retirement form, and a current W-4. LUMP SUM PAYMENT If an employee leaves permanent, full-time Village employment before the ten (10) year vesting period, their contributions will be refunded (plus interest as set forth in the pension plan, provided those funds have been held for a full fiscal year beginning October 1st. The same holds true for a vested employee who chooses lump sum payment. Upon the death of a member prior to ten (10) years of service, the member’s designated beneficiaries shall receive a refund of the member’s accumulated contributions, plus interest. BEREAVEMENT LEAVE POLICY Permanent full-time employees shall receive a paid bereavement leave of three (3) days for in- state funerals and five (5) days for out-of state funerals for the death of a member of the employee’s immediate family. Immediate family for purposes of this section shall mean: father, mother, brother, sister, son, daughter, spouse, grandparents, step-parents, step-children, step- siblings, in-laws, or any other person in general family living within the household. The Village reserves the right to require the employee to furnish proof of personal loss. MILITARY LEAVE Pursuant to Section 115.07 Florida Statutes, employees who are commissioned reserve officers or reserve enlisted personnel in the United States military or naval service or members of the National Guard are entitled to a leave of absence not to exceed 17 days in any one annual period, without loss of vacation leave, pay, time or efficiency rating, on all days during which they are engaged in training ordered under the provisions of the United States military training regulations for such personnel when assigned to active or inactive duty. Approved administrative leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be without pay and shall be without loss of time or efficiency rating. FAMILY MEDICAL LEAVE ACT The purpose of the this policy is to outline the conditions under which an employee may request time off without pay, for a limited period with job protection and no loss of accumulated service provided the employee returns to work. DEFINITIONS A family or medical leave of absence shall be defined as an approved absence available to eligible employees for up to twelve (12) weeks of unpaid leave per year under particular circumstances that are critical to the life of the family. Employees who have been employed at least twelve (12) months by the Village and worked at least 1,250 hours during the preceding twelve (12) months, may take up to twelve (12) weeks of unpaid leave in a fiscal year for the following reasons: 1) The birth and care of a newborn child of the employee; 2) For placement with the employee of a son or daughter for adoption or foster care; 3) To care for an immediate family member (spouse, child or parent) with a serious health condition; 4) Because of a serious health condition that makes the employee unable to perform the functions of the employee’s job; 5) A spouse, child, parent or next of kin may take up to 26 work weeks of leave to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. (Please see the Finance Department for specific guidelines pertaining to Military Caregiver Leave). 6) Because of any qualifying exigency arising out of the fact that the employee’s spouse, son, or daughter, or parent is a covered military member on act ive duty (or has been notified of an impending call or order to active duty) in support of a contingency operation. “Child” means biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in lieu of a parent, who is (a) under 18 years of age; or (b) 18 years of age or older and incapable of self care because of mental or physical disability. A “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either: (a) in-patient care (an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity (for purposes of this policy defined to mean inability to work, attend school or perform other regular daily activities due to serious health condition, treatment or any subsequent treatment in connection with in-patient care), or (b) continuing treatment by a health care provider. REQUIRED NOTICE When the need for leave is foreseeable, such as the birth of a child, the placement for adoption or foster care of a child, or planned medical treatment, the employee must submit a written application for family leave at least thirty (30) days before the leave is to begin and make an effort to schedule leave so that it does not unduly disrupt Village operations. If thirty (30) days is not practicable, notice must be given as soon as possible. CONDITIONS OF FMLA LEAVE Intermittent Leave In the case of medical leave for a serious health condition of the employee’s spouse, child, or parent, the leave may be taken intermittently or on a reduced hours basis only if such leave is medically necessary. If intermittent or reduced hours leave is required or the leave is foreseeable based on planned medical treatment for the birth or placement of a child, the Village may, in its sole discretion, temporarily transfer the employee to another job for which the employee is qualified, that better accommodates that type of leave. The alternative position will have equivalent pay and benefits. In the case of medical leave for the birth or placement of a child, intermittent leave or working at a reduced number of hours is not permitted unless decided otherwise by the Village. Certification The Village will require that an employee’s leave to care for the employee’s seriously ill spouse, child, or parent, or due to the employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of the employee’s position, be supported by a certification issued by the health care provider of the employee or a health care provider of the employee’s ill family member. Applicable Certification Forms (WH-380-E, WH380-F, WH- 384, or WH-385) are available from the Finance Department. If the Village has reason to doubt the validity of the certification, it may require, at the Village’s expense, a second health care provider’s opinion for the leave taken because of a serious health condition. If the opinions of the first and second health care providers differ, the Village may require at its own expense, a third opinion. The second or third health care providers will be designated or approved by the Village, but will not be a regular employee of the Village. The Village may also require subsequent RE-CERTIFICATION from the employee’s health care provider on a reasonable basis, which normally will not be more than every thirty (30) days. No second or third opinion will be required upon RE-CERTIFICATION. If an employee fails to provide any information or certification required by this policy and/or the FMLA, the Village may direct the employee to provide the required information or certification, and may delay FMLA leave until the information or certification is provided. Continued refusal or failure to provide required information or certification may subject the employee to discipline up to and including termination as permitted by law. Both Spouses Employed by the Village If both spouses work for the Village, the combined leave shall not exceed twelve (12) weeks in a twelve (12) month period if the leave is taken for either the birth or placement of a child, or to care for the employee’s parent with a serious health condition. For any other qualifying FMLA reason, each spouse will be entitled to the full 12 weeks of FMLA leave, or that portion of leave remaining in the relevant 12 month period. FMLA BENEFITS Insurance Group health care coverage will continue for employees on leave as if they were still working. Employees who are granted a leave of absence under this policy are advised to arrange to pay their share of premiums during the absence. If the leave is paid, premiums will continue to be paid through payroll deductions. If the leave is unpaid, employees are responsible for making payment to cover their individual health care premium as well as the health care premium for any dependent coverage. If the employee fails to pay the applicable premium, notice of proposed insurance cancellation and an opportunity to pay the premium will be provided prior to cancellation. If the employee does not return to work after the expiration of the leave, the employee will be required to reimburse the Village for health insurance premiums paid by the Village while the employee was on leave, unless the failure to return is due to: 1) The continuation, recurrence or onset of either a serious health condition of the employee or the employee’s family member, or a serious injury or illness of a covered servicemember, which would otherwise entitle the employee to leave under FMLA; 2) Other circumstances beyond the employee’s control. Other Benefits During leave under this policy, the employee will not accrue employment benefits, such as vacation pay, sick time, seniority, etc. other than that to which an employee would have been entitled if they had not taken leave, and will receive holiday pay for any Village recognized holidays while on “paid” status. Upon return from leave, employees are entitled to any changes in benefits not dependent upon seniority or accrual during the leave period. ACCRUED LEAVE Employees will be required to substitute any accrued paid vacation or sick leave for FMLA leave. RETURNING FROM FMLA LEAVE With the exception of certain key employees, employees returning from FMLA leave within the business day following the expiration of leave are entitled to return to their job or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. A key employee is a salaried employee who is among the highest paid 10% of those employed by the employer within 75 miles of Miami Shores Village. Designation of key employee status and whether such status will affect the employee’s right to reinstatement will be made at the time the employee requests leave, or at the commencement of leave, whichever is earlier, or as soon as practicable thereafter if such determinations cannot be made at the time. To the extent allowed by law, in the event an absence is for a reason covered by the FLMA, the Village reserves the right to count it as FLMA whether the employee has applied for it or not. When this occurs, the employee will be promptly notified as required by law. During leave, employees must periodically report on their medical status and intent to return to work. Upon taking such FMLA leave, employees will be advised of the reporting requirements. When the employee gives unequivocal notice of their intent not to return to work, the employment relationship will be terminated, and the employee’s entitlement to continued leave, maintenance of health benefits, and RE-EMPLOYMENT under this policy and the FMLA will cease. All employees of the Village whose FMLA leave was taken because of the employee’s own serious health condition must obtain and present certification from their health care provider that they are able to resume work before they will be allowed to return to work. All family and medical leave will be governed by the provisions of the FMLA as stated by the U.S. Department of Labor. WORKERS’ COMPENSATION INSURANCE Miami Shores Village employees are covered by Workers’ Compensation Insurance, in accordance with Chapter 440 of the Florida Statutes. Benefits provided are applicable when the employee is injured and/or disabled in an accident arising out of, and in the actual performance of duties required of them as a Village employee. Individual eligibility for benefits will be determined by the appropriate department head and the Village reserves the right to determine from the attending physician’s report when payment to employees may be terminated. Upon determination of an eligible claim, the employee will be paid a weekly wage in accordance with the benefit allowed by law. These payments continue until the employee returns to work or reaches maximum medical improvement, or reaches the maximum benefit allowed by the law. If the injury results in a permanent impairment, additional weekly compensation or a lump sum payment may be due to the employee. PROCEDURE FOR WORKERS’ COMPENSATION CLAIMS FIRST NOTICE OF INJURY The Florida Workers’ Compensation Statute sets requirements for reporting of work related injuries, regardless of the severity or whether medical attention is required, and for timely filing of the reports. The law also states that fines will be imposed on employers for late reporting of Workers’ Compensation cases. An employee is required by law to report any job related accident or illness to their employer within thirty (30) days. The employer is required to do the following: 1. The employee’s supervisor will complete a Notice of Injury within seventy-two (72) hours; giving the employees description of the accident. The employee must sign the report and receive a copy of the form. The Finance Department receives the notice of injury form for processing. 2. Furnish the employee with the employee copy within seven (7) days of knowledge of the accident or the next day if the seventh day falls on a weekend or holiday. 3. The Employee’s Supplemental Report of Injury form will be prepared by the injured employee’s supervisor within forty-eight (48) hours if any changes in the employee’s condition have taken place (i.e. employee returns to work). 4. A summary of the employee’s rights, benefits and obligations is included on the back of the employee copy of the report. When furnished to the employee, this satisfies the employer’s obligation to inform the injured employee of such rights, benefits and obligations. REPORTING QUESTIONABLE CLAIMS The correct procedure is to report all claims, whether or not the employer agrees with them. If the employer does not agree, the appropriate box on the Notice of Injury should be checked, and an explanation given in the “Comments” section. RESPONSIBILITY TO PROVIDE MEDICAL SERVICES Subject to the limitations specified in Chapter 440, Florida Statutes, the Village is responsible for providing reasonable and necessary medical treatment and related health care services. A health care provider who renders services must be a certified health care provider and must receive authorization from the Village before providing treatment, except in the case of an emergency. A medical authorization form is given to the employee to authorize medical treatment by a physician or hospital. EMERGENCY CARE PROCEDURES If emergency care is required, the supervisor or department head should refer the employee, or arrange for transportation of the injured employee, to the nearest suitable medical facility. NON-EMERGENCY CARE PROCEDURES The supervisor or department head should refer the injured employee to the designated Workers’ Compensation Physician. EMPLOYEE ASSISTANCE PROGRAM - SELF REFERRAL Miami Shores Village participates in an Employee Assistance Program (EAP) which is available to all full-time employees who may need assistance with personal problems. An employee may call the employee Assistance Program provider (The Bayview Center for Mental Health, Inc., 111 NW 183 Street, Suite 510, Miami Gardens, 305-892-4600) to schedule an appointment. Contacts with the EAP provider are confidential except to the extent that an employee who may be seeking EAP assistance as an alternative to disciplinary action that may be required to show proof that appointments with the EAP provider have been kept. DISCIPLINE/GRIEVANCE/TERMINATIONS/RESIGNATIONS DISCIPLINE FORMS OF DISCIPLINE It is the policy of the Village that employees must follow Village rules and regulations and standards of conduct. The following disciplinary procedure shall be used to enforce compliance with Village policy and rules and regulations. Department heads and supervisors shall be responsible for implementing this policy. The following types of disciplinary action may be taken: Oral Reprimand Written Reprimand Demotion with or without a Reduction in Pay Suspension Dismissal A. ORAL REPRIMAND An oral reprimand is normally given for the first (1st) offense involving a minor violation of rules and regulations or standard operating procedures (written or oral). Usually, an employee should not receive numerous or multiple oral reprimands for the same problem unless there are significant time lapses between occurrences of the problem. Supervisors are responsible for disciplining employees when appropriate. The supervisor should clearly state that the employee is receiving an oral reprimand, should indicate the nature of the improper behavior, and should explain precisely what corrective action is expected. It should also be pointed out that future similar improper behavior ma y result in more severe disciplinary action. The oral reprimand must be documented in writing, including the date and the subject, and signed by the supervisor and the employee as an acknowledgment of the oral reprimand. If the employee refuses to sign, then the supervisor will note the employee’s refusal to sign and indicate the date discussed with the employee. A copy of the memorandum documenting the oral reprimand must be provided to the employee and must be sent to the Finance Department for filing in the employee’s personnel file. It is the responsibility of the department head to ensure that this requirement is met. B. WRITTEN REPRIMAND A written reprimand is issued for an offense which is more serious than, for a repetition of, or an infraction which normally warrants an oral reprimand. Usually, an employee should not receive numerous or multiple written reprimands for the same problem unless there are significant time lapses between occurrences of the problem. Supervisors are responsible for disciplining employees when appropriate. The content of written reprimands should be concise and to the point. It should specifically state that the employee is receiving an official written reprimand, cite the specific offenses which have been committed, note briefly the specific incident(s) prompting the discipline, indicate the corrective action expected and state that future violations may result in further, more severe disciplinary action. The supervisor should discuss the violation with the employee. The employee should be given the original of the written reprimand. The employee shall acknowledge the written reprimand by signing and dating it as acknowledgment that the reprimand took place. If the employee refuses to sign, then the supervisor will note the employee’s refusal to sign and indicate the date discussed with the employee on the reprimand letter. A copy must be sent to the Finance Department to be filed in the employee’s official personnel file. It is the responsibility of the department head to ensure that this requirement is met. C. DEMOTION This action is defined as moving an employee from a position in one class to a position in another class having a lesser degree of responsibility and lower pay grade. A demotion normally results in a reduction in pay. A reduction in pay is a reduction in the employee’s base salary. A demotion is generally taken as a result of an employee’s failure to meet performance expectations. However, demotion may be taken for misconduct where appropriate. D. SUSPENSION OR DISMISSAL Suspension and dismissal are severe forms of disciplinary action which may result from the commission of one serious offense or from cumulative minor offenses. All disciplinary action involving suspension or dismissal shall be documented as to the reasons and prior oral or written reprimands, if any shall be noted. There are certain cases which would justify immediate suspension or dismissal without prior notice, such as insubordination, refusal to work, assault, etc. However, these shall be the exception rather than the rule and shall be discussed with the Village Manager prior to taking such action. AUTHORITY TO IMPLEMENT DISCIPLINARY ACTION The department head shall review their various operations and determine to what extent each supervisor is authorized to take disciplinary action on their own without prior approval of the department head. It shall be within the department head’s discretion to require that all disciplinary action be reviewed by them prior to implementation or to allow their supervisors to use their own judgment and discretion. It is the department head’s responsibility to ensure that the actions of the supervisors are justified and reasonable, and it shall be the Village Manager’s responsibility to review the actions of each department. RECORDS Department heads shall ensure that a proper record is maintained on all disciplinary actions, and that copies of disciplinary action records are provided to the employees involved and transmitted to the Finance Department. DISCIPLINARY OFFENSES The following is a listing of offenses which may lead to discipline, including suspension or dismissal of a Village employee. The listing does not include every possible offense and is not intended to be all-inclusive. Further, the disciplinary action selected for a particular offense will be based on the facts or the specific situation, taking into consideration any aggravating or mitigating circumstances. THE SEVERITY OF THE PENALTY IMPOSED FOR A DISCIPLINARY OFFENSE MAY VARY DEPENDING UPON THE SERIOUSNESS OF THE EMPLOYEE’S CONDUCT, THE NATURE OF THE OFFENSE, AND THE CIRCUMSTANCES SURROUNDING EACH CASE. 1. Abuse of Alcohol The abuse of alcohol is the ingestion of alcohol on duty, or ingestion of alcohol off duty, if the off duty ingestion adversely affects the employee’s ability to perform their job duties. The use, or being under the influence, of alcohol on the job by Village employees is strictly prohibited. Off duty ingestion which affects the employee’s work performance is also an offense. 2. Abuse of Leave This includes: (a) Failure to obtain approval prior to any absences from work, except in the case of an emergency where the employee must be absent prior to receiving approval, from the proper authority for the absences; (b) failure to notify or call in when the employee needs to be absent; (c) obtaining leave based on a misrepresentation (falsification) or taking unauthorized leave after the employee’s request for leave has been denied. 3. Accepting gifts, favors, services or anything of value from vendors, contractors, businesses, individuals or organizations in the course of or in connection with the employee’s Village employment. 4. Carrying, brandishing or threatening another person with a firearm or other deadly weapon while on the job, or otherwise violating the Anti-Violence Policy. 5. Conduct Unbecoming A Village Employee Any act or activity on the job or connected to the job which involves moral turpitude, or any conduct, whether on or off the job, that adversely affects the employee’s effectiveness as a Village employee, or that adversely affects the employee’s ability to continue to perform their job, or which adversely affects the Village’s ability to carry out its assigned mission. Conduct unbecoming a Village employee includes any conduct which adversely affects the morale or efficiency of the Village, or any conduct which has a tendency to destroy public respect or confidence in the Village, in its employees, or in the provision of Village services. The seriousness of the conduct which constitutes a “conduct unbecoming a Village employee” offense determines the appropriate penalty. Further, the repetition of the same or similar conduct may lead to progressive discipline. If an employee repeatedly engages in unbecoming conduct, but the acts or conducts which are unbecoming are dissimilar to each other, cumulative discipline may be imposed. 6. Conviction of a Misdemeanor or Felony An employee shall be subject to disciplinary action if convicted of a misdemeanor or felony as a result of a crime committed on or off the job where the employee’s effectiveness, availability, or ability to perform the job is substantially impaired, whet her immediate or in the future. 7. Being Discourteous or Rude to the Public 8. Disruptive Conduct Disruptive conduct is behavior that interferes with the employee’s work performance or the work performance of others. For example, such conduct would include, but not be limited to, speaking loudly, rudely, or contemptuously to co -workers, supervisors or others, slamming office doors or drawers, throwing objects, banging on the walls or doors or other activities which would have a detrimental effect on the work environment. Disruptive conduct can be obstruction, abuse, or interference with co-workers work routine or management’s supervision. It can be disrespect, contempt for, threatening, intimidating, coercing, or interfering with supervision. It can be abusive language, to any co-worker or supervisor or openly making or publishing false, vicious or malicious statements concerning co-workers or supervisors. It also includes any other act which indicates an intent to flout authority of supervisors. 9. Excessive Absenteeism While it is recognized that employees have an occasional need for absences from work due to legitimate illness, the Village has a right to expect that employees will be available to perform work with a reasonable degree of regularity. A pattern of absence by an employee, such as repeated absence on the day preceding or following the employee’s regular days off, or absence on the same day each week or month, may also be considered excessive absenteeism. 10. Excessive Tardiness The repeated failure to report to work at the established time or the late return to work after lunch or break period; all without approval. 11. Failure to Maintain Job Qualifications Failure to maintain required licenses, certification, or similar requirements such that an employee is no longer qualified for a position or can no longer perform assigned duties. 12. Failure to immediately notify supervisor of the loss of any license or certification required by the employee’s position. 13. Failure to report any on-the-job accident, injury, or illness within 24 hours. 14. Falsification of Records and/or Providing False Information The knowing, willful, or deliberate misrepresentation or omission of any facts, with the intent to misrepresent, defraud or mislead. Records include, but are not limited to, employment application, employee attendance and leave reports, travel vouchers, requests for reimbursements, operating logs and other official reports or records. 15. Fighting A physical assault or battery on or against another person while on the job. 16. Failure to Follow Instructions and/or Insubordination An employee’s unwillingness or deliberate refusal to comply with a direct order, directive, instruction of the immediate or higher-level supervisor, whether in writing or orally communicated. Insubordination also includes an expressed refusal to obey a proper order, as well as, willful or direct failure to do an assigned job or to follow orders. Gross insubordination or willful neglect of duties is defined as a constant or continuing intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority. Insubordination is a serious offense. 17. Harassment Any unwelcome verbal, written or physical conduct that has the effect of unreasonable interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. 18. Horseplay Any non work-related activity which is intended to be mischievous or prankish, but not malicious, is considered horseplay. If personal injury results, more severe disciplinary action may be imposed. 19. Leaving Work Station Without Authorization The unauthorized absence by an employee from their work station or duty assignment during the established work period or the leaving of a work station for a lunch or break period without being properly relieved where the station must be manned during such period. The seriousness of this offense depends upon the employee’s assigned duties. 20. Loafing The continued or repeated idleness or non-productiveness during work hours which diverts the employee from performing assigned tasks. This includes wasting time engaging in idle talk or gossip, or conducting personal business during work period. 21. Unauthorized Use of Village Property or Equipment The unauthorized use of any Village property or equipment for any reason other than for Village business. 22. Neglect of Duty Failure to perform an assigned duty. Carelessness or intentional action which results in the violation or non-observance of Village policies, standards, operating procedure or rules and regulations 23. Negligent Operation of Village Vehicles or Equipment The negligent operation of Village vehicles or equipment which may or may not result in personal injury. Negligent operation means failure to operate Village vehicles or equipment with proper care. 24. Sabotage Participation in an act of destruction or attempted destruction of Village property, equipment or materials, carried out by an employee, which is directed towards undermining Village operations. 25. Sleeping While on Duty The observed failure of an employee to remain awake while on duty during the established work shift. 26. Substandard Quality and/or Quantity of Work 27. Theft or Stealing The unauthorized taking of any material or property of the Village, other employees, or the public with the intent to permanently deprive the owner of possession or to sell or to use for personal gain. This offense includes receipt of wages based upon a false time record or false claim for leave and/or wages. 28. Threatening and/or Abusive Language The use of language which is threatening, abusive, or offensive, whether directed toward a supervisor, other employees, or the public. 29. Using or being under the influence of any controlled substance as defined in Section 893.03, Florida Statutes or Federal regulation, not pursuant to a lawful prescription while on duty; or possession, Sale. “Illegal drug” means any controlled substance as defined in Section 893.03, Florida Statutes or federal regulation, which is not possessed, sold, distributed, or dispensed in accordance with law. 30. Unauthorized distribution of written or printed materials. 31. Unauthorized solicitations or sales on Village premises. 32. Using or attempting to use political influence to secure or attain a position or promotion. 33. Violation of safety practices The failure to adhere to or follow established safety procedures. This includes the failure to wear safety equipment or performing any unsafe action. 34. Violation of Village rules or policies or State or Federal Law The failure to abide by the Village rules, policies, directives or State or Federal statutes. This may include, but is not limited to, misuse of position, giving or accepting a bribe, discrimination in employment, or actual knowledge of and failure to take corrective action or report rule violations and employee misconduct. 35. Willful, wanton, and/or intentional damage or destruction of Village or other property or equipment. GRIEVANCE PROCEDURE Any employee, after completing one (1) year of service shall have the right at any time to secure consideration of any grievance. Grievance is any difference of opinion or dispute concerning employee benefits or working conditions. An employee submitting a grievance shall in no way be adversely affected in their employment with the Village in retaliation for the grievance. Employee grievances shall be processed in accordance with the following procedures. 1. Employees are encouraged to bring any problems or grievances to the attention of their immediate supervisor as soon as possible after the problem or grievance comes to light. Grievances must be raised with the employee’s immediate supervisor within seventy-two (72) hours after the employee became aware of the situation giving rise to the grievance. The supervisor will make every effort to resolve the grievance or explain why the grievance cannot be resolved to the employee’s satisfaction. 2. If a grievance is not resolved satisfactorily at Step 1, the employee may submit a written grievance to the department head within seventy-two (72) hours after reviewing the step 1 decision. The department head will arrange to meet with the employee to discuss the grievance with the employee within seventy-two (72) hours after the step 2 written grievance is submitted. 3. If the department head’s decision does not satisfactorily resolve a grievance, the employee may submit the grievance to the Village Manager within seventy-two (72) hours after receiving the department head’s decision. The Village Manager will meet with the employee to discuss the grievance, and shall issue a written decision on the grievance as soon as practicable thereafter. 4. If the employee is not satisfied with the Village Manager’s decision on a grievance involving a dismissal, demotion or suspension without pay for a period of more than three (3) work days, and has been employed by the Village for more than one (1) year, they may submit a written request for a hearing befor e the Personnel Appeals Board. Such request shall be filed with the Village Manager’s office within seventy-two (72) hours following the Village Manager’s decision, and in no event more than fifteen (15) calendar days following the effective date of such disciplinary action. Personnel Appeals Board proceedings shall be in accordance with Section 18, Miami Shores Village Code, and the rules of the Personnel Appeals Board. The time limits provided in the foregoing grievance procedure may be extended by mutual written agreement of the employee and his immediate supervisor, department head or Village Manager (as appropriate). If an employee does not comply with the time limits set forth above in processing a grievance, the grievance shall be deemed withdrawn. If the employee’s immediate supervisor, department head or Village Manager does not comply with the specific time limit, the grievance shall be presumed to be denied at that step, and the employee may submit the grievance at the next step within the specified time period. PERSONNEL APPEALS BOARD Any employee who has worked for the Village for one (1) full year who has been dismissed, suspended without pay for more than three (3) work da ys, or reduced in pay or rank, may request a hearing before the Personnel Appeals Board within fifteen (15) days of the aforementioned actions, The decision of the Board shall be binding upon the Village and the employee. The composition and procedure of the Personnel Appeals Board is set forth in Section 18, of the Miami Shores Village Code. TERMINATION OF EMPLOYMENT Village employment may be terminated in any one of the following manners: VOLUNTARY RESIGNATIONS see Section on RESIGNATIONS LAYOFF Layoffs are generally mandated by the Village Manager’s Office or the Village Council due to budgetary considerations or changes in public policy. Employees will be laid off in the manner most beneficial to Village operations, as determined by the Village Manager. Employees will be given written notice at least thirty (30) days in advance of layoff, if possible. DISCHARGE FOR MISCONDUCT If an employee is discharged at any time for misconduct in connection with their Village employment, or misconduct which bears on their Village employment, it is the department head’s responsibility to ensure that a discharge is justified and that the justification is documented. The following procedures shall be followed when discharging an employee: PROCEDURES FOR DISCHARGING A NON-PROBATIONARY EMPLOYEE The department head or his designee must provide written notification to the employee of the disciplinary charges and of the opportunity for the employee to provide a response or rebuttal to the charges at a pre-determination conference. The Notice of Intent to Discharge must include statements notifying the employee: 1. That the department head intends to discharge the employee; 2. Of the basis for the discharge, i.e., what offense(s) is charged, and the facts and circumstances underlying the offense, including the date, time, and location of the offense; 3. Of all prior disciplinary actions; 4. Of the opportunity to attend a pre-determination conference, and the time, date, and location of the pre-determination conference; 5. Of the right to respond orally and/or in writing to the charges; and 6. Of the right to bring a representative to the conference. The objective of the pre-determination hearing is to avoid erroneous discharges by giving the employee the opportunity to respond to the charges. The employee must receive the Notice of Intent to Discharge which contains the written notification of the charges and of the opportunity for the pre-determination conference, in advance of the scheduled hearing time and date. The employee is required to sign an acknowledgement of receipt of the notice. If the employee refuses to sign, the person delivering the notice should so indicate. The notice may be hand delivered or sent by registered mail return receipt requested. The employee may be retained on the job until the conference. If the employee’s presence on the job is judged to be detrimental to the work operation, the department head may elect to suspend the employee with pay from the date of the notice to the date of the pre-determination conference. At the pre-determination conference, the department head or their designee must meet with the employee and allow the employee to explain their actions. This meeting should be documented. After the pre-determination conference, the department head may choose to impose less severe disciplinary action, or may proceed to dismiss the employee. Full consideration should be given to the response the employee makes to the charges, and where appropriate, further investigation may be undertaken to ensure that the action taken is justified. If, after conducting the pre-determination conference and reviewing the information provided by the employee, it is decided to suspend or dismiss the employee, the department head shall notify the employee in writing of the disciplinary action by certified mail, return receipt requested or by hand delivery. In the event the employee has the right to appeal or grieve the disciplinary action, the employee shall be so notified. CHANGES IN PAYROLL STATUS FORM A change in Payroll Status Form shall be completed by the department head indicating the employee has been dismissed. The department head is responsible for determining if any payout is due the employee. PRIOR DISCIPLINARY ACTIONS Copies of any prior disciplinary action notices, including counseling memoranda, oral and written reprimands, and suspensions, shall be on file in the employee’s personnel file in order to substantiate the prior disciplinary actions listed in the Notice of Intent to Discharge memorandum. PROBATIONARY DISCHARGE An employee may be dismissed at any time during their probationary period for unsatisfactory work. In such event, the department head or supervisor should contact the Finance Department for assistance. MEDICAL SEPARATION An employee who is determined to be medically unable to perform their job duties in a consistent and acceptable manner, is subject to medical separation. In such cases, the Department Head should contact the Finance Department for assistance. RESIGNATIONS Any employee wishing to leave the Village service in good standing shall file with their department head, a written resignation stating the date on which they are leaving and the reason for leaving. Such resignation must, unless reasonable extenuating circumstances exist, be submitted at least ten (10) working days before the effective date of the resignation. Failure to comply with this procedure may result in the loss of accumulated leave and other benefits, and be cause for denying such employee future employment with the Village. Resignations made to avoid disciplinary action will be considered not in good standing. The standing of an employee will be determined by their department head. EXIT INTERVIEW Employees who resign, retire, or are terminated should participate in an exit interview with their department head. BREAKS IN SERVICE Termination of employment for more than thirty (30) calendar days for any reason shall be considered a break in service and will not be counted in determining an employee’s total length of service. Paid sick leave, paid vacation leave and paid holidays shall be counted in computing total length of service. Temporary leaves of absences may be counted toward total length of service provided they do not exceed thirty (30) days. Leaves of absences which exceed thirty (30) days shall be considered breaks in service and time after the thirtieth (30th) day will not be counted in computing total length of service. Although the first thirty (30) days of a temporary leave of absence may be counted as service, no benefits shall accrue during a leave of absence. This section shall not apply in the case of disability leave or leave granted under the Family Medical Leave Act. Any employee who leaves the Village in good standing may return, provided a vacancy exists, without loss of benefits, provided the following conditions are met: 1. The payout of sick leave, vacation and pension benefits has not been completed; or benefit funds have been repaid to the Village 2. A leave of absence was approved prior to break in service. Benefits will be reinstated only to the extent payout for these benefits has not been provided or reimbursement to the Village been made. For example, if the employee received pay for unused vacation leave at the time of termination, the Village will not reinstate this vacation leave upon re-employment unless monies equal to the amount of payout have been re-paid. RECALL OF LAID OFF EMPLOYEES All laid off employees shall have the first rights to recall within their own job classification for a period of six (6) months from the date of their lay off. With regard to the available positions (not within the job classification of the laid-off employee), the Finance Department may notify laid off employees of appropriate job openings occurring within six (6) months of their layoff date. Interested applicants should notify the appropriate department head regarding application procedure. Such applicants will be considered on the same basis as any other eligible job applicant. INDEX ACCOMMODATION OF INDIVIDUALS WITH DISABILITIES............................... 9-11 ACCIDENTS................................................................................................................... 12 ALCOHOLIC BEVERAGES & CONTROLLED SUBSTANCES.................................. 12 ANNUAL SALARY ADJUSTMENT............................................................................... 12 ANNUAL REVIEW......................................................................................................... 38 ANTI-VIOLENCE POLICY …………………………………………………………… 12-13 APPEARANCE................................................................................................................ 13 APPLICATION FOR EMPLOYMENT......................................................................... 2 APPOINTMENTS............................................................................................................ 3 APPROVAL OF PAYMENTS BY MANAGER............................................................... 14 ASSIGNMENTS.............................................................................................................. 3 ATTENDANCE............................................................................................................... 14 BEREAVEMENT LEAVE POLICY................................................................................ 52 BREAKS IN SERVICE.................................................................................................... 71 CHAIN OF COMMAND................................................................................................. 14 CHANGE OF EMPLOYEE STATUS.............................................................................. 6 CHANGE OF NAME AND/OR ADDRESS..................................................................... 14 COLLECTIVE BARGAINING AGREEMENTS............................................................. 15 CONFLICT OF INTEREST............................................................................................. 15 DEMOTIONS.................................................................................................................. 40 DISCIPLINE.................................................................................................................... 59-66 DOMESTIC VIOLENCE POLICY ……………………………………………………. 15-16 DRIVER’S LICENSE...................................................................................................... 5 ELECTRONIC MAIL (E-MAIL) ACCEPTABLE USE POLICY …………………… 16-19 EMPLOYEE ASSISTANCE PROGRAM........................................................................ 58 EMPLOYEE CLASSIFICATION AND PAY PLAN....................................................... 6-7 EMPLOYEE PERFORMANCE EVALUATION PROGRAM.......................................... 37 EMPLOYMENT OF RELATIVES................................................................................... 20 EQUIPMENT................................................................................................................... 20 EVALUATION OF EMPLOYEES WHO HAVE REACHED MAXIMUM SALARY 39 EVALUATION PERIOD ……………………………………………………………… 38 EXAMINATIONS............................................................................................................ 2 EXIT INTERVIEW.......................................................................................................... 71 FAMILY MEDICAL LEAVE ACT.................................................................................. 52-56 FINANCIAL DISCLOSURE............................................................................................ 20 FILE OF APPLICANTS................................................................................................... 3 GIFTS OR FAVORS........................................................................................................ 20 GRIEVANCE PROCEDURE........................................................................................... 66-67 GROUP HEALTH INSURANCE......................................................................................... 49 GUN POLICY.................................................................................................................. 20 HOLIDAYS..................................................................................................................... 41 HOURS OF WORK.......................................................................................................... 21 IMMIGRATION REFORM AND CONTROL ACT OF 1986.......................................... 6 INTERNET USE POLICY ……………………………………………………………… 21 - 24 JURY DUTY.................................................................................................................... 24 LEAD WORKER CATEGORY........................................................................................ 7 LIFE INSURANCE.......................................................................................................... 49 LONGEVITY PAY.......................................................................................................... 48 LONG TERM DISABILITY ………………………………………………………….. 50 MEAL POLICY............................................................................................................... 24 MEDICAL LEAVE RELATIVE TO CONTINUED EMPLOYMENT ……………… 45 MERIT INCREASE......................................................................................................... 38 MEDICAL TEST/PHYSICAL EXAMINATIONS AND BACKGROUND CHECKS..... 4 MILITARY LEAVE........................................................................................................ 52 OUTSIDE EMPLOYMENT............................................................................................. 24-25 OVERTIME..................................................................................................................... 25-26 PAYCHECKS.................................................................................................................. 26 PAYROLL STATUS FORM............................................................................................ 8 PERFECT ATTENDANCE.............................................................................................. 45 PENSION PLAN.............................................................................................................. 50-51 PERSONAL DAYS.......................................................................................................... 42 PERSONNEL APPEALS BOARD................................................................................... 68 PERSONNEL FILES........................................................................................................ 26-27 POLITICAL ACTIVITY.................................................................................................. 27 PROBATIONARY EMPLOYMENT............................................................................... 5 PROMOTIONS................................................................................................................ 39 PUBLIC RECORDS, INSPECTION OF.......................................................................... 21 RECALL OF LAID OFF EMPLOYEES........................................................................... 71 RECRUITMENT.............................................................................................................. 1 RE-EMPLOYMENT........................................................................................................ 5 REJECTION OF APPLICATIONS.................................................................................. 2 RE-CLASSIFICATION AND ORGANIZATION CHANGES........................................ 39 REPRESENTING PRIVATE INTEREST........................................................................ 27 RESIGNATIONS............................................................................................................. 70 SICK LEAVE................................................................................................................... 42-45 STATUS.......................................................................................................................... 3 SUSPICIOUS INCIDENTS …………………………………………………………… 27 TARDINESS.................................................................................................................... 27 TELEPHONE................................................................................................................... 28 TEMPORARY EMPLOYMENT..................................................................................... 4 TERMINATION OF EMPLOYMENT............................................................................ 68-70 TESTS AFTER EMPLOYMENT ……………………………………………………… 4 TRAINEE CATEGORY.................................................................................................. 7 TRAINING...................................................................................................................... 28 TRANSFERS................................................................................................................... 40 TUITION REIMBURSEMENT...................................................................................... 48-49 UNAUTHORIZED ABSENCES...................................................................................... 28 UNCLASSIFIED VILLAGE POSITIONS/BOARD OR COMMITTEE MEMBERS .. 4 UNEMPLOYMENT COMPENSATION......................................................................... 28 UNLAWFUL DISCRIMINATION/HARASSMENT POLICY ………………………. 28-32 USE OF LANGUAGE OTHER THAN ENGLISH IN THE WORKPLACE ………… 33-35 VACANCIES................................................................................................................... 2 VACATION LEAVE....................................................................................................... 46-48 VEHICLE USAGE POLICY............................................................................................ 35 WITNESS SERVICE ...................................................................................................... 36 WORKERS COMPENSATION INSURANCE ............................................................... 56-58 WORK PERMITS............................................................................................................ 5