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R-0611-76 RESOLUTION NO. 611 A RESOLUTION ADOPTING PERSONNEL RULES AND REGULATIONS PROVIDING FOR EFFECTIVE DATE. BE IT RESOLVED BY MIAMI SHORES VILLAGE as follows: Section 1. The attached Personnel Rules & Regula- tions, comprised of an unnumbered index page and pages numbered 1 through 19, inclusive, proposed by the Village Manager under date of May 24, 1976, are hereby adopted by the Village of Miami Shores, Florida, and shall be binding upon the employees and administration of this municipality. Section 2. This resolution shall become effective upon its adoption and all prior resolutions in conflict herewith are hereby vacated. PASSED and ADOPTED this 3 day of August , 1976. D NALD W. MCINTOSH, Mayor ATTEST: Village Clerk r t RU- ?r; P AC; FC... ..7018 1 DEF:..?ITIONS 2 _ APPLICATIONS & E?CAI:iINATIO IS 5 EL" BL : REGISTERS, CERTIFICATION & APPOIidmalTS 6 ^^ TICNS 7 NSATION & OVERTBE 001-f;P. 8NSATION 8 �'.:7.7-IC': LEAVE 10 - 11 LE .%rE 12 - 14 _..: LC YE2 JOB EVALUATION PROGRt it :Nn%A:_T_Oc:IS 71 _..:: KR SUSPENSION, DE1110TION OR DISCHARGE ;.8 - 19 Ei:B�`1*2-'L APPEALS BOARD 20 - 22 FOREWORD It is the objective of the Personnel System to set forth the intent and purpose of Personnel Administration and the policy of Village Council with respect to the City's work forces. The approval of these Personnel Rules and Regulations by the Village Council shall automatically revoke and repeal all other personnel rules and policies of the Village which are inconsistent or are in conflict with the Personnel System Rules and Regulations. Said Personnel Rules and Regulations shall provide effective Personnel Administration, constitute to officials and employees their respective responsibilities and interests. Public service based upon quality is essential to render efficient ser— vices to the citizens of Miami Shores Village. The system will further provide respect and confidence between employees and administration. Employees joining Village employment shall be know— ledgeable of their benefits and enable administration to recruit, de— velop and train the best qualified persons to perform the required work. Adoption of this system will always reflect the highest degree of in— tegrity, impartiality and objectivity. —1— I ' r - RULE I — DEFINITIONS The following words and terms are as follows unless the language used clearly indicates otherwise: 1. . AGE REQUIRE&IENT Age for employment shall be governed by applicable Federal Laws, State Laws and Child Labor Laws. 2. Ar11\IIVERSARY DATE Date of employment, promotion or last merit pay increase or the date of demotion or pay grade change. 3. APPOINTING AUTHORITY The Village Manager by authority vested in him by the Village Charter. The Village Manager is authorized to appoint, assign, transfer or re- move employees over which he has jurisdiction. 4. ASSEMBLED EXAMINATIONS A written competitive test for any position shall be given other than for minor and unskilled positions where a competitive written examina- tion is deemed impractical. 5. VILLAGE Miami Shores Village. 6. VILLAGE SERVICE All persons under the jurisdiction of the Village Manager. 7. BOARD The Personnel System Board- as provided by and at the discretion of the Village Council. S. COMPENSATORY TD4E Compensation, in lieu of overtime pay, for overtime work which shall consist of time off at the rate of one and one-half (l ) times the overtime hours worked. 9. COUNCIL The Village Council of the Miami Shores Village of Miami Shores, Florida. 10. DEMOTIONS The change of an employee from one job classification to another lower job classification or the change of an employee from his/her present pay step to a lower pay step. 11. DEPAR'PAENT HEAD The Heads of the various departments created by the Village Charter or by the Council under authority granted by the Village Charter. 12. ELIGIBLE REGISTER A list of names of persons who have been qualified through written ex- amination for employment in specific job classifications. Eligible names shall be arranged in the order of the final total examination grade. -2- f - 13. EMPLOYEES IN NON—PAY STATUS Any employee who is not receiving his regular salary from the Village. 14. EMIPT SERVICE Those persons employed by the Village who are not subject to the cover— age and regulations of the Personnel System Rules and Regulations. 15. GRIEVANCE ,7y discontent or dissatisfaction arising from associated work, inter— pretation of the rules or regulations, or unfair treatment by his im— mediate supervisor that an employee feels is unfair, unjust or inequit— able. 16. JOB DESCRIPTIONS A written description of the essential characteristics of specific work requirement. A job description shall outline the nature of work in— volved, tasks performed, knowledges, abilities, skills and needed ex- perience to fulfill said position. 17. JOB TITLE A definite descriptive designation for a specific position. 18. LAY OFF The dismissal from employment because of a shortage of work, funds or because of changes in organization. 19. NCPJ!,AL YJIORK ;I=K The normal work week shall usually be forty (40) hours, except where specific job requirements may dictate the need for a different schedule of hours. 20. OVERTBAE PAY Payment for overtime work which shall be paid at the rate of one and one—half times the employee's base hourly rate of pay for the over— time hours worked. 21. OVERTIRIE WORK Those hours actually worked in excess of the normal work week specified for a given job responsibility. 22. PERRIANENT STATUIS EMPLOYEE An employee who has satisfactorily completed a probationary period. 23. PERS'ONNEL FILE That file maintained by the Personnel Department which shall contain all official records and documents relative to a person's employment with the Village. Such files shall be considered to be of a privileged nature and shall not be available for public inspection. However, such files may be made available to the Village Council, and to Administrative Officials of the Village upon the showing of good reason why the dis— closure of such information is pertinent. 24. PERSO�dNEL RULES AND REGULATIONS A personnel system based upon principles which attempts to provide an —3— f ' objective and impartial career and public service system. 25. POSITION budgeted personnel allocation approved by the Village Council. 26. PROBATIONARY STATUS EMPLOYEE An employee currently serving a probationary period of employment. 27. PROBATIONARY PERIOD That period of time beginning with a person's initial employment, pro— motion or disciplinary action, and ending six (6) months thereafter. 28. PROMOTIONS The change of an employee from one position to a higher responsible position providing for an increase in salary. 29. RESI_DENCE REQUIREMENTS Those requirements that may be imposed by the Village which shall make mandatory for employees in certain job classifications to reside within certain distance limits from their place of employment. 30. SUSPENSION The separation without pay of an employee for a temporary or fixed period of time. 31. TEMPORARY TAPLOY:2ENT Employment in a position which has an expected duration of not more than twelve (12) months, or employment in a position where an employee does not regularly or actually work more than (60$x) percent of a nor— mal work week. —4— RULE - RECRUID4ENT, APPLICATIONS & AMINATION A. GENERAL POLICY - PERSONNEL PROGRAM There shall be no discrimination against any person because of politi- cal or religious opinions or affiliations, or because of race, age, sex or national origin. B. APPLICATION FOR EP,IPLOYMENT No person shall be denied the opportunity of filing an application for employment with the Village and all such applications shall be made on standard forms designed and provided by the Village. C. REJECTION OF APPLICATIONS Applications may be rejected based on failure of the applicant to meet requirements, prior unsatisfactory employment, giving false informa- tion concerning past employment history or arrest record, or for any other just cause. D. EXM INATIONS All appointments, either at the entrance or promotional level, shall be made on the basis of merit, fitness and ability to be determined as far as practical by competitive examination. Such examinations shall be designed to fairly and impartially test the applicants ability, experi- ence and other related qualifications. Examinations may consist of a written test, oral test,. performance test or any other applicable cri- teria deemed necessary. -5- RU JI — ELIGIBLE' RFGISTrIP, AND AP 1U.1711T.", A. ELIGIBLE REGISTER The Personnel Department shall establish and maintain such an eligible register of applicants that have made application for employment and/or successfully passed an examination. ;;aid applications shall remain on file for a period of six (6) months to fill vacancies becoming avail— able to be filled from the register of names of eligible candidates. Said register shall also contain the names of former employees who were separated through lay off due to lack of work or finances. Names of former employees shall be placed on the register in order of their job performance and seniority in their respective position. B. MEDICAL EX^SUNIATION, FINGERPRINTING & PHOTOGRAPHING Prior to the effective date of employment the applicant shall pass an examination for medical and/or physical soundness. Each applicant shall also be fingerprinted and photographed. Costs for medical exam- inations shall be borne by the Village unless said employee terminates said services with the Village prior to completion of the six (6) months probationary period. If said employment is terminated for suspension, demotion, discharge or resignation all costs of medical examination shall be paid by the employee and deducted from the final payroll check. C. PROBATIONARY APPOINTMENT Any new or promotional appointment shall be a probationary appointment subject to the completion of a satisfactory six (6) months probationary period. The probationary period is an integral part of the hiring pro- cess and shall be utilized to evaluate the employee's performance on the job and for dismissing any employee who does not meet the required standards of performance. It shall be the responsibility of the Department Head, at least ten (10) days prior to the expiration of an employee's probationary period, to complete an evaluation and performance report to the Personnel De- partment stating in writing whether the employee is or is not satis- factory. D. PEPI�ANErrr STATUS APPOINTMENT Any employee, who has completed his probationary period of service, to a permanent employment position. E. TEMPORARY STATUS APPOINTMENT Any person employed for work which is temporary in nature and for a short duration of time. F. ASS IG1,2111ENTS A Department Head may assign any employee under his jurisdiction to any duties within the responsibilities of that department. Assignments shall be based upon knowledge of the position, capability and ability to perform. G. APPROVAL OF APPOINTMENTS BY VILL[-.GE T.UNTAGER No official or employee of any department shall make or approve or take part in making or approving any payment for personal services to any person or employee unless approved by the Village Manager. -6- RULE IV — PROP:IOTIONS A. EFFECT OF PROMOTIONS ON SALARY AND ANNIVERSARY Upon the recommendation of the Department Head and approval of the Village Manager, a permanent employee may be promoted to a higher position with a higher rate of pay after successfully meeting all applicable requirements for such promotion. Upon promotion, such employee shall have his/her pay increased, anniversary date, and pro— bationary period adjusted in accordance with the following: 1. EFFECT OF PROP,IOTION ON PAY STEP Upon promotion, an employee shall receive an adjustment in pay grade to the next highest rate than the current wage. 2. EFFECT OF PROMOTION ON PROBATIONARY PERIOD Upon promotion, employees shall commence a new probationary period of service in accordance with the Personnel Rules and Regulations governing probationary periods. ' 3. EFFECT OF PROP.?OTION ON ANNIVERSARY DATE Promotions shall establish a new anniversary date, and promoted employees may be eligible for consideration for a salary raise six (6) months after the effective date of such promotion. —7— RU ' — COMPENSATION & OVERTME COP. dSATION A. METHOD OF PAYMENT TO FMIPLOYEES Except for Department Heads, employees regularly working no more than the normal work week established for their job shall be paid at the straight time rate set forth for that position. Should an employee be required to work more hours than such normal work week, all such time shall be considered as overtime worked. Except that periods of overtime work totaling thirty (30) minutes or less for each work week shall not be considered as overtime work for the purpose of overtime compensation. For overtime compensation purposes, holidays, as well as other authorized leaves with or without pay, shall not be considered as time actually worked for the purpose of computing overtime. B. OVERTRIME !:ORK, OVERTME PAY AND COMPENSATORY TIME It shall be the general policy of the Village to NOT have its employees work frequent or considerable overtime. However, Department Heads may- authorize or direct an employee to work overtime when necessary in order to meet emergency situations or operating needs. Each Department Head SHALL maintain records of all overtime worked by employees of their respective departments. No overtime pay or compensatory time off shall be granted except on the basis of such records, and all such records shall be available at all times for review by the Village Man— ager and Finance Director. C. OVERTIP.2E PAY AND COMPENSATORY TIIIIE Except for Department Heads, compensation at the rate of one and one— half (lz) times the employee's straight time rate of pay shall be allow— ed for all authorized and necessary overtime. Compensatory time off shall be granted at the rate of one and one—half (1�) hours for each hour of overtime worked. Separated employees shall receive lump sum payment for all overtime worked. —B— RULE VI - HOLIDAYS A. CERTAIN HOLIDAYS RECOGNIZED The following days shall be holidays for the purpose of these Rules and Regulations: a. New Year's Day b. l'lashington's Birthday C. Memorial Day d. Independence Day e. Labor Day f. Columbus Day g. Veteran's Day h. Thanksgiving Day i. Friday after Thanksgiving J. Christmas Day k. Employee's Birthday And any other day specifically designated a holiday by the Village Council. If any recognized holiday falls on a Saturday, the preceding Friday shall be observed as the holiday, and if any recognized holiday falls on a Sunday, the following Monday shall be observed as the holiday. B. LEAVES OF ABSENCE 11ITH PAY ALL01,1ED ON HOLIDAYS - EXCEPTIONS All employees, except temporary employees, shall be allowed leave of absence with pay on every recognized holiday, except that holidays with pay shall not be given to an employee if the employee is on leave of. absence without pay, a suspension, or is in a non-pay status on the day.which the holiday falls. In the event any employee's working schedule, in the opinion of the Department Head, will not permit such leave of absence., such employee shall receive an extra day's pay at the straight time rate in lieu thereof; if a holiday falls on an employee's day off, the employee shall receive an extra day's pay at the straight time rate. 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 employee shall be allowed leave of absence with pay on such day as a holiday and such day shall not be charged against such employee as vacation or sick leave. In the case of part time employees, holiday benefits as herein- above described shall be computed according to the ratio that the employee's normal work week bears to the normal work week for the job in which the person is employed. —9— RULE VII - VACATION LEAVE A. ACCRUAL OF VACATION LEAVE All employees, except temporary employees, who are working the normal work week shall earn vacation leave with pay at the rate of 5/6 day per month (or 10 days per year). Accrual of vacation leave for em- ployees working less than the normal work week shall be computed ac- cording to the ratio that their work week bears to the normal work week. No vacation leave shall be earned for any time worked in ex- cess of the normal work week. Partial accrual of vacation leave and longevity vacation leave shall be allowed and shall be based upon the number of days worked in any given month. No less than eight (8) hours vacation leave may be taken by any employee. B. ACCRUAL OF LONGEVITY VACATION LEAVE All employees who accrue vacation leave and who have completed the required years of continuous service, as set forth below, shall ac- crue additional longevity vacation leave, during the ensuing year, as follows: After years continuous service One to four years service ..... Two (2) weeks. Five to nine years service ..... Two (2) weeks. Plus one days leave for each year over four (4) full years of service to a maximum of three (3) weeks. Ten to nineteen years service .. Three (3) weeks. Twenty years service and over .. Four (4) weeks. C. LIMITATION OF VACATION LEAVE ACCRUAL Employees may accrue vacation leave not in excess of what could be accrued in one (1) years .period of employment. D. RESTRICTION ON ACCRUAL OF VACATION LEAVE Vacation leave shall not be earned by an employee during a leave of absence without pay, suspension without pay, or when an employee is in an non-pay status. Further, should an employee use his/her vaca- tion leave in conjunction with termination from employment, such employee shall not accrue any additional leave during such leave period. E. ELIGIBILITY FOR USE OF VACATION LEAVE An employee shall be eligible to use accrued vacation leave after com- pleting the required probationary period. F. VACATION LEAVE RECORDS Vacation leave accrual and usage records for all employees shall be maintained in the Personnel Department. No vacation leave shall be granted except on the basis of such records. G. USES OF VACATION LEAVE 1, Vacation. 2. Absence due to illness in the employee's family. 3. Absence to transact personal business. 4. For sick leave if the employee's sick leave account is exhausted. 5. Reasons determined to be in the interests of the employee and approved by the respective Department Head. —10— H. APPROVAL OF VACATION LEAVE REQUESTS An employee's request for vacation leave shall be approved or dis— approved by the employee's Department Head and shall if approved state the date that leave is to begin and date employee is to return to work. In scheduling and granting vacation leave9 the Department Head shall give due consideration to -the employee's length of service, work re— quirements of the Village and the wishes of the employee. All re— quests for vacation leave shall be submitted to the Finance Office on forms provided by this office. I. CHARGES AGAINST VACATION LEAVE ACCRUAL At the request of an employee, vacation leave shall be charged for absence upon a day on which an employee would otherwise work and re— ceive pay. J. COMPUTATION OF VACATION LEAVE CHARGES Vacation leave shall be charged according to the actual number of hours used by the employee. K. PAYMENT FOR VACATION LEAVE Payment for vacation leave shall be made on the employee's regular pay— day and advance. payment for such leave may be paid if approved by. the Department Head and if such pay is requested in advance by the employee. L. PAV,,IEAiT OF UNUSED VACATION LEAVE UPON TERs,?INATION OF DEATH Upon separation, employees shall receive lump sum payment for all un— used vacation leave. Such pay shall be at the regular rate of pay at the time of separation; however, no such payment shall be made to em— ployees who have served less than six (6) months continuous service prior to separation. In the event of an employee who has served at least six (6) months prior to his death, payment for such leave shall be made to the beneficiary designated by the employee. M. RATE OF PAYP.4ENT FOR LEAVE FOLLMIING PROMOTION OR DE1.40TION Employees using vacation leave after the effective date of their pro— motion or demotion to a higher or lower rate of pay shall receive vaca— tion leave pay at the rate in effect at the time the vacation leave is taken. N. VACATION LEAVE EXTENSIONS PROHIBITED No employee shall be allowed to use vacation leave that has not already been accrued. —11— RULE VIII — SICK LEAVE A. PURPOSE OF SICK LEAVE Sick leave with pay,- hereinafter termed sick leave, is provided so that economic security will be available to an employee. Sick leave shall not be considered as a right which an employee may use in his/her dis— cretion, but rather as a privilege which, shall be allowed for purposes as set forth below, subject only to the limitations of the employee's leave accrual and any other provisions contained herein. B. ACCRUAL OF SICK LEAVE All employees, except temporary employees, who are working the normal work week for their job requirements in which they are employed, shall earn sick leave at the rate of eight (8) hours per month. Accrual of sick leave for employees working less than the normal work week shall be computed according to the ratio that their work week bears to the normal work week. No sick leave shall be accrued for any time worked in excess of the normal work week. Partial accrual of sick leave shall be allowed and shall be based upon the number of hours actually worked in any given month. C. RESTRICTIONS ON ACCUMULATION & USAGE OF SICK LEAVE Sick leave shall not be accrued by an employee during a leave of ab— sence without pay, a suspension without pay, or when the employee is otherwise in a non—pay status. Further, should an employee find it nec— essary to use his sick leave in conjunction with his resignation, such employee shall not earn sick leave during such leave period. D. SICK LEAVE EXTENSION PROHIBITED No employee shall be allowed to use sick leave that has not already 'been accrued. E. ELIGIBILITY FOR USE OF SICK LEAVE For any of the reasons set forth in paragraph G, an employee shall be eligible to use accrued sick leave from the .date of employment. F. SICK LEAVE RECORDS Sick leave accrual and usage records for all employees shall be main— tained by that department of the Village designated by the Village Mana— ger, and shall be based upon the information certified and submitted by the Department Head for each employee in that respective department. No sick leave shall be granted except on the basis of such records. G. USES OF SICK LEAVE Sick leave may be granted for the following purposes: 1. For absence due to personal illness. 2. For personal medical and dental appointments; the scheduling of which at times other than during regular working hours is impos— sible or unreasonable. 3. For absence due to exposure to contagious disease in which the health of others would be endangered by attendance at work. 4. For absence due to the illness of a member of the employee's im— mediate family where it can be certified that the employee's per— sonal care and attention is required, or for a death in the em— ployee's immediate family. —12— For purposes of this rule, the term "immediate family" shall mean the natural or, through legal adoption, parent, step-parent, grandparent, child, stepchild, grandchild, brother, half brother, stepbrother, brother's wife, sister, half sister, stepsister, sister's husband, aunt, uncle, nephew, niece or first cousin of the employee or the spouse. It shall also include guardian of the employee or his wife and any member residing in the employee's household. Sick leave used for a death shall normally be limited to the time re— quired for travel, arrangements, and the funeral. H. PROHIBITION OF USE OF SICK LEAVE FOR ON THE JOB INJURIES An employee who is injured on the job shall not receive sick pay. I. MEDICAL STATEMENT RELATIVE TO CONTINUED EMPLOW.4ENT The Village Manager on the recommendation of the Department Head, may require an employee to submit medical certification that he/she is 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 his/her accrued sick leave, or he may take such other action he deems best in accordance with the Personnel Rules and Regulations. J. INJURY INCURRED OUTSIDE VILLAGE E11PLOW.1ENT No sick leave shall be granted to an employee who is injured while gainfully employed by an employer other than the Village job for which monetary or valuable consideration is expected or received. K. SICK LEAVE DENIED AS TO CERTAIN OTHER CONDITIONS Sick leave shall not be granted for absences due to illness, disease or physical disability or incapacity resulting from the employee's in— temperate habits or immoral conduct. L. SICK LEAVE NOTIFICATION Unless circumstances do not permit, an employee shall be required to notify hisAer immediate supervisor as early as possible on the first day sick leave is used. Employee's failing to report to their Depart— ment Head for three (3) consecutive working days may be considered by the Department Head as having resigned. M. FALSIFICATION OF SICK LEAVE REQUEST Falsification of sick leave requests or abuse of the privilege shall be grounds for disciplinary action or discharge. N. APPROVAL OF SICK LEAVE REQUESTS A Department Head may approve or disapprove an employee's request for sick leave after he has made adequate investigation to determine the validity of the request. 0. REQUIREP.4ENT OF PHYSICIAN'S CERTIFICATE A Department Head may require any employee who requests sick leave in excess of three (3) consecutive working days to submit a physician's —13— certificate stating the reasons for such absence, the date or dates that the employee was under the physician's care, 'and the date on which the employee was able to return to work. P. SICK LEAVE CHARGES Sick leave shall only be charged for absence on a day- which an employee would otherwise work and receive pay. Q. COMT1UT ATION OF SICK LEAVE CHARGES Absence from work for sick leave shall be charged according to the actual number of sick leave hours used by the employee. R. PAYP.lENT FOR SICK LEAVE payment for sick leave shall be made on the employee's regular pay- day and advancement payment for such leave shall be prohibited. S. RATE OF PAYt'.IENT FOR SICK LEAVE FOLLOI"JING PROMOTION OR DEI:IOTION Employees using sick leave after the effective date of their promo- tion or demotion to a higher or lower salary shall receive sick leave pay at the rate in effect at the time sick leave is taken. T. FORFEITURE OF SICK LEAVE UPON SEPARATION OR DEATH Sick leave accrued under the provisions of this rule shall be for- feited upon death of the employee or separation of the employee from the Village service. U. SICK LEAVE ACCRUED FOR LAID OFF ET.IPLOYEES VJHO ARE RE-EMPLOYED Employees who are laid off for lack of work or funds and who are later re-employed, shall automatically be credited upon re-employment with all unused sick leave that such employee had accrued on the effective date of the lay off if the employee is re-employed within one (1) year. -14- .E IX — MIPLOYEE JOB EVALUATI0, 10GRAIA A. The Employee Job Evaluation Program shall be- designed to permit a fair and accurate assessment of the employee's job performance and attitude. Each employee shall be entitled to review and discuss his/her evalua— tion with the supervisor performing the evaluation. Such program shall provide for the employee's right to appeal hisAer evaluation. The Employee Job Evaluation Program is intended to: 1. Be considered a factor for approving or disapproving pay increases. 2. Indicate how the employee's past job performance has been evaluated by hisAer supervisor; bring out the employee's strong points, and- by bringing out his weak points; serve as a basis for discussion of how he can improve his job performance. 3. Call attention to the need for training employees whose job evalua— tion reveals that their performance is in need of improvement. 4. Be used in assessing an employee's potentialities for promotion. 5. Be considered in the matter of disciplinary actions. 6. Completion of the evaluation of an employee involves the process of: a. Rating the employee. b. Explaining very low or very high ratings. c. Hold a personal interview with the employee. d. Review of the evaluation by the employee and comments by the employee. e. Submitting the completed form to the Personnel Department. 7. Evaluations shall be completed on the forms provided by the Village. c —15— RULE X — GRIEVANCES Any employee shall have the right at any time to*secure consideration of any grievance. An employee submitting a grievance shall in no way be ad— versely effected, nor shall his/her employment with the Village. The following procedure shall be followed by an aggrieved employee: The aggrieved employee shall have the right to first personally bring his grievance, orally or in writing to the attention of his immediate super— visor. The supervisor, shall arrange within five (5) working days from the receipt of the grievance, for an informal hearing with the immediate supervisor and Department Head, The Department Head after hearing the grievance and, within five (5) working days from the date of the informal hearing, notify the employee of the Department Head's decision. If the . employee is not satisfied with the decision of the Department Head or results of the informal hearing, he/she, within five (5) working days from. the date on which the employee was notified of the Department Head's de— cision, may through the Department Head appeal for a formal hearing before the Village Manager. The Village Manager, within ten (10) working days from the receipt of such appeal from the Department Head, shall conduct a formal hearing and within five (5) working days from such formal hearing transmit his findings and final decision to the aggrieved employee. —16— RULE XI - RESIGNATIONS r i Any employee wishing to leave the Village service in good standing shall file with his/her Department Head a written resignation stating the date on which the employee is leaving and the reason for leaving. Such resig- nation nation must, unless reasonable extenuating circumstances exist be sub- mitted at least ten (10) working days before the effective date of the resignation. Failure to comply with this procedure may be cause for deny- ing such employee future employment with the Village. Unauthorized absences from work for a period of three (3) consecutive work days may be considered as the employee's voluntary resignation by the Department Head. I -17- I' RULE X: CAUSE FOR SUSPENSION, DENIM, �R DISCH/LME The following shall be deemed just cause for suspension, demotion or dis— charge of an employee, though charges may be based upon justifiable causes other than these enumerated: 1. That the employee is incompetent or inefficient in the performance of his duty. 2. That the employee has violated or failed to obey any of the provisions of the Personnel Rules and Regulations or administrative orders; when such violation or failure to obey amounts to insubordination or serious breach of discipline which may reasonably be expected to result in lower morale of the organizational structure, or result in loss, in- convenience, or injury to a fellow employee or to the Village or to the Public which is served. 3. That the employee has solicited or taken forersona1 use a fee, gift, or other valuable thing in the course of hiser work or in connection with it. 4. That the employee has been convicted of a felony or of a misdemeanor involving moral turpitude. 5. That the employee through negligence or willful misconduct has caused damage to public property or waste of public supplies.. 6. That the employee has been guilty of conduct unbecoming an employee of the Village, whether on or off duty. 7. That the employee has been absent without leave, or has failed to re- port after leave of absence has been disapproved, revoked or cancelled. S. That the employee has hindered the regular operation of the department because of excessive absenteeism. 9. That the employee has attempted to use political influence in securing or attaining a position, or in securing promotional positions. 10. That the employee has been indicted by any grand jury or has had any information filed against him by any prosecuting official. In such case, the employee shall be automatically suspended and such suspension shall continue until such charge shall have been disposed of by a trial and conviction or acquittal of the accused, or by dismissal or quashing of same. In case any such person shall be tried and found guilty, and his/her conviction not reversed, he/she shall automatically forfeit his position and shall not thereafter be eligible for re—employment by the Village. In the event such person is tried and acquitted, or the in— dictment is quashed or dismissed, the employee may be reinstated to hisAer position. The employee may receive full back pay and other benefits and privileges to which he would otherwise normally have been entitled. 11. That the employee has been drinking alcoholic beverages or has been in— toxicated while on duty. -18- 12. That the employee has intentionally falsified a time record or made a false claim against the Village for wages, 'leave or failed to re— port absence from duty to his superior. 13. That the employee, after employment, is found to have made a false statement on his application for employment. 14. That the employee has misappropriated Village funds, appropriated Village property for personal use, or illegally disposed of Village property. 15. That the employee is offensive in his/her conduct, antagonistic to— wards superiors, fellow employees or the public, criticizes orders, rules and policies, or whose conduct interferes with the proper co—operation of employees or impairs the efficiency of the Village service. 16. That the employee has been habitually tardy in reporting for duty, or has absented himself from duty during working hours. 17. That the employee has been subject to an excessive number of acci— dents resulting in personal injury, injury to others, or damage or loss of Village property or equipment. 18. That the employee, whose position requires the operation of a motor vehicle in the performance of his/her Village duties, has had his/her driver's license suspended or revoked. 19. That the employee has operated a Village owned vehicle in a wanton disregard for the safety of others. —19— , . f • . ORDINANCE NO. 382 AN ORDINANCE CREATING A PERSONNEL•APPEALS BOARD, VESTING IT WITH JURISDICTION, POWERS AND DUTIES, AND REPEALING ORDINANCE NO. 372. BE IT ORDAINED BY MIAMI SHORES VILLAGE: Section 1. There is hereby created a Personnel Appeals Boards consisting of five persons appointed by the Council and vesting it with jurisdictions powers and duties. Section 2. Said Appeals Boards from and after the adoption of this ordinances shall hold a hearing on the complaint of any employee of this Villages as hereafter provideds who has been discharged, suspended for more than three days, or reduced in pay or rank, who shall file with the Personnel Appeals Board a statement of appeal, setting forth the facts regarding his discharge or reduction in pay or rank, alleging that he has been a continuous employee of the Village for not less than one year, and request a hearing. Said appeal must be filed by an employee within fifteen days from his discharge or reduction in pay or rank. Section 3. The Board shall select the chairman and may designate one of its members as secretary. A quorum must be present for the transaction of any business of the Board. Four members of the Board must be present to constitute a-quorum, but less than a quorum may adjourn to a specified time. Section 4. The decision of the Board shall be binding upon the Village and the employee. Such decision may either order a new hearing; dismiss the appeal on the merits; order the reinstatement of the employee, absolutely or on terms or conditions; or require such other action as may be just. Section 5. Members of the Board shall have the right to administer oaths and may, at the request of either party, call or subpoena —20— , . 1 R . any person or rec___s for the purpose of ascertain - the facts. The Board shall adopt rules of practice and procedure, which rules shall become effective upon being approved by the Village Manager. Section 6. The Village Manager, department head, or other officer suspending, discharging, or reducing in pay or in rank of the appellant, shall have the right to be represented by the Village Attorney or other counsel employed by the Village. Section 7. The appellant shall have the right to be represented by counsel. Section 8. In hearings the Board shall not be bound by formal rules of evidence, but findings of the Board shall be based upon competent substantial evidence of record. The employee shall not be required to testify, but may do so of his own volition or upon advice of his counsel. Section 9. The appellant shall have the right to present evidence to refute the charges brought against him. Section 10. After the appellant has presented his evidence, the Village Manager, department head, or other officer responsible for the discharge or the reduction in rank or pay of the employee, shall present his evidence to support the action by him. Section 11. Rulings on objections and other questions of law shall be made by the Chairman, but such rulings may be overruled by a majority vote of the Board. Before making any ruling, the Chairman or any member of the Board may request the opinion of the attorney for the Board, if he is present. The Village Attorney may represent the Board in such hearings, but if he declines to do so, the Board, with the consent of the Council,. may employ other or additional counsel. Section 12. Within forty—eight hours after the completion of the hearing, the Board shall report its findings in writing. The Chairman —21— i t t of the Board shal =ptly deliver or mail a copy such findings to the Village Manager and to the appellant or his counsel by registered mail. Section 13. If either party to the appeal shall fail to appear, the Personnel Board may hear the evidence and render a decision thereon, notwithstanding such absence. Section 14. This ordinance repeals Ordinance No. 372 and shall take effect upon becoming a law. PASSED on first reading this 2nd day of July, 1974. PASSED and ADOPTED on second reading this 16th day of July, 1974. /S/ James W. Condit Mayor ATTEST: /S/ TA. Antoinette Vigneron Village Clerk —22— > . a :LLAGE OF MIAMI SHORES, FLORID, EMPLOYEE PERFORMANCE REVIEW FORM EMPLOYEE NAME: PERIOD COVERED FROMs DEPARTMENT: JOB TITLE: NO. OF MONTHS SINCE LAST REVIEW: YEARS IN CLASSs YEARS WITH CITY: BATE EACH FACTOR CHECK ONLY ONE RATING PREVIOUS REVIEW 1. K14OWLEDGE OF JOB: Excellent Above Average Average Below Average 2. QUALITY OF WORKS Excellent _ter Above Average Average Below Average 3. INITIATIVE: Excellent _ Above Average �— Average Below Average 4. QUANITY OF WORK- Excellent Above Average Average Below Average 5. DEPENDABILITY: Excellent Above Average Average -- _ Below Average 6, ATTITUDE: Excellent Above Average. Average Below Average 7. RELATIONSHIP WITH PEOPLES Excellent Above.BYerage. —� Average Below Average EMPLOYEE PERFORMANCE REVI; ORM 8. ATTENDANCES ' Excellent Above Average w Average .Below Average r 9. APPEARANCE: Excellent Above Average -"- Average Below Average - 10. SUPERVISORY POTENTIAL: (*) Excellent Above Average Average Below Average 11. SUPERVISORY PERFORMANCE: (**) Excellent Above Average �^ �— Average Below Average (*) To be completed for Non-Supervisory Personnel with no weight bearing assigned. (**) To be completed for Supervisory Personnel ONLY. ------------------------------------------------------------------------------------ COMMENTS BY REVIEWING AUTHORITY: (Note here employee's exceptional traits and/or performance and constructive criticism in areas where improvement is needed. Any factor rated EXCELLENT or BELOW AVERAGE must be explained or justified.) i REVIEWING AUTHORITY: TITLE: DATE: --------------------------------------------------------------------------------- COMMENTS & RECOMMENDATIONS BY DEPARTMENT HEAD.- DEPARTMENT EAD:DEPARTMENT HEAD: Signature —� Title Date ---------------e-------e..q------------------------------------------------------- EMPLOYEE'S COMMENTS: I certify that this performance review has been discussed with me, that I have re- ceived a copy of it, and that I understand that I may appeal this rating to my Department Head within ten (10) working days from the date shown below. EMPLOYEE'S SIGNATURE: DATE: ----------------------..-e-----------e-------- ------e---------ft---------------..-re Forward completed form with all signatures to Personnel Department. This performance review will become a permanent part of the employee's personnel file. MIAMI SHORES VILLAGE - - - SICK-LEAVE or LEAVE OF ABSENCE RECORD NAME: POSITION: CLOCK #• YEAR 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '16 17• -18 19 20 21 22 23 24 25 26 27 28 29 30 31 OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER DAYS USED: DAYS REMAINING: COMMENTS: ' 'SIGNATURE: DATE: tCp 1 1�1 Z L I I mow Im IF {{ w t S t i # �• s fffiiS" Y. . ._ . _, .._ .. .. - ..�,.....�.._k..,y.. as ' - € "f 5 ``I ,d. {r 46 ' g r N , 1.10 p { 5, k h t � a 5• �� s S e z EMPLOYEE WARNING RECORD Employee's Name Clock No. Department Date of Warning W A R N I N G //////////////////////////////////// Date of Violation NATURE ( ) Substandard work ( ) Conduct Time of Violation OF ( ) Carelessness ( ) Tardiness VIOLATION ( ) Absence ( ) Attitude ( ) Insubordination ( ) Other S U P E R V I S O RS R E M A R K S HAS EMPLOYEE WHEN WARNED: BY WHOM: BEEN WARNED Form of Warninal lst Warninal 2nd Warn 3rd Warn PREVIOUSLY ]Written YES NO / / 1/ /i// / /ii1/ 111///r///r////i////i/ii//i/i//i/111111/// ////////// EMPLOYEE ' S REMARKS -.RE: V I O L A T I O N /////////// The absence of any statement on the part of the EMPLOYEE indicates his/her agreement with the report as stated. I have entered my version of the matter above. DATE: EMPLOYEE'S SIGNATURE A C T I O N T O B E T A K E N Approved by: name date Title I HAVE READ THIS WARNING AND UNDERSTAND IT. SIGNATURE OF PERSON ISSUING WARNING: Up` o�ye s §ignature ate Title Date �" '1T-? � �t8' Kh'7�"re"� .,'i -a ^.a an. as^rw+m• a �- far `, - - ;'Y r. !�� { !.' ' k Y • y fi - � - F� y , t • " h 7 , r .k ! p- 2 y L' 1 lit y . v r , x 1 ' • S i c , S + v yy e i 3 r , 11tt t.. •r-�Sd.-N.�t�Jz.,.�Sciv iffi�..�,....:>".M,.. _ �. .>_mrd u .. l _a_..._ _ �,., , ... .... ...,, ... ._ � a AFFADAVIT I, the undersigned, do solemnly swear that I am 18 years of age and my parent or legal guard- ian will attest to this fact before a Notary Public. Applicant Parent or Guardian votary