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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-271Temp. Reso. #10603 December 10, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- 2-1 t A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; ACCEPTING AND APPROVING THE CITY'S PERSONNEL MANUAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Strategic Plan includes a goal to review and update all City policies and procedures; and WHEREAS, on February 24, 1988, the City Commission of the City of Tamarac adopted Resolution R-88-57 to adopt a revised Personnel Manual; and WHEREAS, changes in federal, state and local laws over time require that personnel policies be reviewed and amended; and WHEREAS, the City has since that time adopted certain additions, deletions and revisions to the Personnel Manual; and WHEREAS, after conducting a comprehensive review of all our personnel policies and practices in accordance with the goals identified in the City's Strategic Plan, we have now completed the project to completely revise and update the City's Personnel Manual; and WHEREAS, the updated Personnel Manual complies with the requirements of federal, state and local laws; and 1 Temp. Reso. #10603 December 10, 2004 Page 2 WHEREAS, the new Personnel Manual updates the City's personnel policies and incorporates personnel -related policies which have been implemented since the obsolete manual was originally approved; and WHEREAS, the Human Resources Director and the City Manager recommend acceptance and approval of the revised Personnel Manual; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to accept and approve the Personnel Manual. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the City's revised Personnel Manual, attached hereto as Exhibit I is accepted and approved. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extend of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #10603 December 10, 2004 Page 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 22nd day of December, 2004. OE SCHREIBER MAYOR ATTEST: t(VZJRECORD OF COMMISSION VOTE: MARION SWEN ON, CM MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNE DIST 2: COMM. FLANSBAUM- ALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that IP I have approved this RESOLUTION as to form. iTCHELL %AF CITY ATTORN EXHE3IT 1 TR #10603 CITY OF TAMARAC bi: v1 0 PERSONNEL MANUAL DECEMBER 2004 Personnel Manual Table of Contents Revised 12/02/04 Personnel Manual • Table of Contents Section 1. General Provisions 1.01. Purpose 1.02 Amendments and Revisions 1.03 Positions Covered by the Manual 1.04 Conflicts 1.05 Definitions 1.06 Responsibilities of the City Manager 1.07 Distribution of the Manual Section 2. Equal Employment Opportunity and Prohibited Discrimination 2.01 General Provisions 2.02 Prohibited Discrimination - General 2.03 Prohibited Harassment - General 2.04 Sexual Harassment 2.05 Applicants/Employees With Disabilities 2.06 Responsibility to Report Discrimination/Harassment 2.07 Retaliation 2.08 Complaint Procedure 2.09 Compliance Section 3. Recruitment and Selection 3.01 Coordination 3.02 Recruitment Procedures 3.03 Testing Procedures 3.04 Interview Process 3.05 Veteran's Preference 3.06 Background and Reference Checks 3.07 Offer of Employment 3.08 Appointment �ammarac Personnol Manual Pa `'i Personnel Manual Table of Contents Revised 12/02/04 3.09 Travel and Relocation Expenses • 9 3.10 New Employee Orientation 3.11 Rehiring Former Employees 3.12 Probationary Period 3.13 Temporary Employees Section 4. Classification and Pav Plan 4.01 Classification Plan 4.02 Pay Plan 4.03 Maintaining the Classification and Pay Plan Section 5. Benefits 5.01 Health Insurance 5.02 Dental Insurance 5.03 Benefit Options 5.04 Life Insurance 5.05 Pension/Retirement Plans 5.06 Educational Assistance 5.07 Training 5.08 Social Security 5.09 Effective Dates Section 6. Attendance and Leave 6.01 Work Hours and Attendance 6.02 Sick Leave 6.03 Vacation Leave 6.04 Holidays 6.05 Personal Leave 6.06 Compensatory Leave 6.07 Bereavement Leave 6.08 Administrative Leave 6.09 Military Leave Personnel Manual Table of Contents Revised 12/02/04 C] 6.10 Jury Duty and Court Appearances 6.11 Family and Medical Leave Act 6.12 Leave Without Pay 6.13 Unauthorized Absence Section 7. Safety and Health 7.01 Safety and Health Policy Statement 7.02 Drug and Alcohol Free Workplace Policy 7.03 Alcohol and Drug Policy for Employees Who Operate Commercial Motor Vehicles 7.04 Alcohol and Drug Policy for Employees Performing City Mass Transit Functions 7.05 Employee Accident/incident Reporting 7.06 Workers' Compensation Injury 7.07 Modified Duty 7.08 Medical Examinations 7.09 Smoke Free Workplace Policy. 7.10 Violence in the Workplace 7.11 Employee Assistance Program 7.12 Motor Vehicle Operation Policy Section 8. Employment Status 8.01 Probationary Employee - New Hire 8.02 Regular Employee 8.03 Temporary Employee 8.04 Temporary Overlap Employee 8.05 Working Out of Class 8.06 Interim Appointments 8.07 Promotion 8.08 Transfer 8.09 Demotion 8.10 Reduction in Workforce 8.11 Separations Tari�arac P��'sonnel °Manual'` Page iii Personnel Manual table of Contents Revised 12/02/04 Section 9. Performance Evaluation 9.01 Use and Purpose 9.02 Evaluation Section 10. Standards of Conduct 10.01 Code of Ethics 10.02 Work Hours 10.03 City Property 10.04 Political Activity 10.05 Outside Employment 10.06 Nepotism 10.07 Dress and Appearance 10.08 Solicitation and Distribution 10.09 E-mail and Internet 10.10 Penalty for Violations Section 11. Discialinary. Actions • 11.01 Employee Discipline - General 11.02 Employee Discipline - At Will Employees 11.03 Employee Discipline - All Employees Except At Will Employees 11.04 Examples of Reasons For Termination C7 Section 12. Grievance Procedure 12.01 General Provisions 12.02 Administrative Guidelines .12.03 Procedure 12.04 Appeal to the City Manager - Demotion, Suspension Without Pay and Termination Section 13. Miscellaneous 13.01 Personnel Files i# Ta aracP606 IV Personnel Manual Table of Contents Revised 12102/04 Appendix • A. Performance -Based Pay System B. Education Assistance Program C. Family and Medical Leave Act Policy D. Drug and Alcohol Free Workplace Policy E. Alcohol and Drug Policy for Employees Who Operate Commercial Motor Vehicles F. Alcohol and Drug Policy for Employees Performing City Mass Transit Functions G. Accident and Incident Policy H. Violence in the Workplace Policy I. Employee Assistance Program Policy J. Motor Vehicle Operation and Safety Policy K. Electronic Mail Administrative Policy L. Internet Administrative Policy Zrtiii fomarac'.Persan I IVlk a) Is Personnel Manual Section 1 - General Provisions Revised 12102/04 Section 1. General Provisions 1.01 PURPOSE The purpose of this manual is to establish personnel policies and procedures for the administration of the City. This manual is an administrative guideline and does not create a contract of employment. Employment may be terminated "at will' either by the City or by the employee, at any given time for any reason, subject to applicable City policies and collective bargaining agreements. 1.02 AMENDMENTS AND REVISIONS This manual was approved by resolution of the Commission of the City of Tamarac. Revisions and amendments to this manual shall be made, at any time deemed necessary and appropriate, by the City Manager. 1.03 POSITIONS COVERED BY THE MANUAL All employees of the City shall be covered by the manual. 1.04 CONFLICTS For employees covered by a collective bargaining agreement, in the event of a conflict between any provision of this Manual and any provision of that collective bargaining agreement, the terms of that agreement shall supersede the Personnel Manual. Should it be determined that any federal, state, county, or City law is in conflict with any portion of this Personnel Manual, only that portion of this manual shall be invalid, and the remainder shall remain in full force and effect. The Personnel Manual provides general provisions, however, supplemental policies, procedures, rules and/or regulations pertaining to individual departments, which shall be in writing, may be promulgated by Department Directors to further define the provisions of this manual. Departmental policies, procedures, rules and/or regulations shall not be in conflict with this manual. The Personnel manual shall supersede departmental policies, procedures, rules, and/or regulations, unless otherwise indicated in the specific section of the Personnel Manual in question. amara lers'onnel'IVlanual Page 1 Personnel Manual Section 1 - General Provisions Revised 12/02/04 1.05 DEFINITIONS 0 The following words shall have the meaning herein given them: • CITY: The City of Tamarac. • CITY MANAGER: The position identified as the Chief Administrative Officer by the City Commission pursuant to the City Charter. • CLASSIFICATION: A position or group of positions having similar duties and responsibilities, requiring similar qualifications, which can be properly designated by one title indicative of the nature of the work and which carry the same salary range. • CONTINUOUS SERVICE: Employment which is uninterrupted, except for any approved leave with pay, approved leave of absence without pay for 30 calendar days or less, approved Family or Medical Leave Act (FMLA) leave with or without pay, or suspension without pay for 30 calendar days or less. • DEMOTION: The assignment of an employee to a position in a lower classification at a lower pay grade, having a lower maximum salary, than the former position. • . DEPARTMENT DIRECTOR: The employee, appointed by the City Manager, responsible for the day-to-day operations of a department or similar City unit. • EXEMPT EMPLOYEE: An employee who, by the nature of his or her job duties, is excluded from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). Exempt employees do not receive overtime payment for hours worked in excess of 40 hours per week. • FULL-TIME EMPLOYEE: An employee filling a full-time position authorized by the City Commission. • HUMAN RESOURCES DIRECTOR: The employee who supervises, plans and directs the activities of the Human Resources Department to ensure proper management of recruitment and selection, classification and pay, training and development, risk and safety, and labor relations. • NON-EXEMPT EMPLOYEE: An employee who, by the nature of his or her job duties, is included in the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). Non-exempt employees receive overtime payment at the rate of one and a half i i7_ oaf Taimara!'.Personnel Manual Page 2 Personnel Manual Section 1 - General Provisions Revised 12/02/04 • times their hourly rate for (premium) hours worked in excess of 40 hours per week. • PART-TIME EMPLOYEE: An employee filling a part-time position authorized by the City Commission. • PAY STATUS - Active: An employee who is physically at work or is on an approved leave with pay. • PAY STATUS - Inactive: An employee who is on a leave of absence without pay. • PROBATIONARY EMPLOYEE (NEW HIRE): An employee serving his/her probationary period prior to attaining regular status in a regular position. • PROBATIONARY EMPLOYEE (PROMOTION): An employee serving his/her probationary period prior to attaining regular status in a higher classification. PROBATIONARY PERIOD (NEW HIRE): A period of time during which the employee's performance is carefully evaluated to determine whether he/she attains regular status. • PROBATIONARY PERIOD (PROMOTION): A period of time immediately following the promotion of an employee, during which the employee's performance is carefully evaluated to determine whether he/she attains regular status in the higher classification. • PROMOTION: The assignment of an employee to a position in a higher classification at a higher pay grade, having a higher maximum salary, than the former position. • REGULAR FULL-TIME POSITION: Any full-time position, vacant or filled, authorized by the City Commission. • REGULAR PART-TIME POSITION: Any part-time position, vacant or filled, authorized by the City Commission. • REGULAR STATUS: A status attained by an employee in a regular position upon approval by the City Manager after successful completion of the probationary period. TEMPORARY EMPLOYEE: An employee holding a position that is • not regular, which is of a temporary, seasonal, interim or emergency nature, or an employee encumbering a regular position on a temporary, seasonal, interim or emergency basis. I#y"airnair #'$runnel Manual' -Page 3 Personnel Manual Section 1 - General Provisions Revised 12/02/04 • TEMPORARY POSITION: A position that is not a regular position, which is of a temporary, seasonal, interim, or emergency nature, and/or which is authorized by the City Commission on a temporary, seasonal, interim or emergency basis. • TRANSFER: The moving of an employee to a job in the same classification or grade in either the same department or in another department. VACANT POSITION: An unfilled existing or newly created position for which funds are available. 1.06 RESPONSIBILITIES OF THE CITY MANAGER The City Manager shall be directly responsible, or where appropriate through his/her designee, for the following; A. Administering the City's personnel system subject to the Personnel Manual; B. Appointing or removing all subordinate employees subject to the • provisions of this manual, and/or applicable collective bargaining agreements, except those employees specifically appointed and removed by the City Commission; 0 C. Performing other duties, and having and exercising other powers, in personnel administration as may be prescribed by law and this manual; D. Developing and administering recruitment and examination programs as necessary to obtain qualified applicants to meet the needs of the City; E. Developing, maintaining, updating and administering a classification and pay plan, including job titles and descriptions, categories, classifications, and pay grades; F. Administering the pay plan, including periodic review of salary and wage levels, and making recommendations to the City Commission, as appropriate; G. Identifying and implementing such revisions or amendments to this Personnel Manual as may be necessary or advisable to carry out the intent and purpose of the personnel system; and 01R:Titinarqc F rsonnel Manual P,a` 04 Personnel- Manual Section 1 - General Provisions Revised 12/02/04 H. Being the final decision maker in employee grievance processes, . except as contained in collective bargaining agreements in effect. 1.07 DISTRIBUTION OF THE MANUAL The City will make available to all employees a copy of this Personnel Manual. The employee shall sign a form acknowledging receipt of the manual. The Personnel Manual Certificate of Receipt Form is located at the end of the manual on the last page. 0 0 • C, Personnel Manuel Section 2 — EEO and Prohibited Discrimination Revised 12/02/04 Section 2. Equal Employment Opportunity and 0 Prohibited Discrimination 2.01 GENERAL PROVISIONS — EQUAL EMPLOYMENT OPPORTUNITY AND PROHIBITED DISCRIMINATION The City of Tamarac is committed to hire applicants and to promote employees on the basis of merit and their fitness for duty. To that end, the City of Tamarac recognizes the right of all applicants and employees to have equal opportunity and access to employment opportunities within the City without regard to non -job related criteria. Further, the City recognizes the right of all employees and applicants to be treated in a fair and equitable manner without discrimination or harassment. The City complies with Title VII of the Civil Rights Act of 1964 as amended, and its regulations, as well as with other applicable federal, state and county laws and regulations prohibiting discrimination and harassment in employment. The City of Tamarac is an Equal Opportunity Employer. All employment decisions shall be made without regard to the race, color, sex, religion, age, national origin, marital status, political affiliation, familial 01 status, sexual orientation or disability of a qualified individual, unless otherwise required by law, or lawfully documented as a Bona Fide Occupational Qualification (BFOQ). The City also complies with the Employment Provisions of Title I of the Americans with Disabilities- Act (ADA), as well as those provisions in Title V of the ADA that are related to employment issues. The Human Resources Director is the designated Title I ADA Coordinator for issues related to the Employment Provisions of the ADA. 2.02 PROHIBITED DISCRIMINATION — GENERAL Discrimination in employment opportunities, conditions, and benefits based on race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability is prohibited. Conduct by any employee affecting the employment opportunities, conditions and benefits of any applicant or employee which is based on race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability is prohibited. This policy governs all aspects of employment including hiring, promotion, 9 bf Tamarac Personnel Manual Page 1 Personnel Manual Section 2 — EEO and Prohibited Discrimination compensation, benefits, discipline and termination. 2.03 PROHIBITED HARASSMENT -GENERAL 0 0 • Revised 12/02/04 All employees are entitled to perform their work in an environment free from illegal harassment, either overt or covert, regardless of their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability. The use of any derogatory terminology by any employee to refer to any identifiable group or individual is prohibited. Any conduct which has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment for that individual or group of individuals is prohibited. 2.04 SEXUAL HARASSMENT Sexual harassment in the workplace is a violation of federal, state and county law and is prohibited by the City's policy. No employee, either male or female, should be subjected to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical. Specifically, it is unlawful and against the policies of the City of Tamarac for any employee, male or female, to sexually harass another employee by: • Making acceptance of unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature a condition of an employee's continued employment; Making submission to or rejections of such conduct the basis for employment decisions affecting the employee; or • Creating an intimidating, hostile or offensive work environment by such conduct. The City will take disciplinary action against any employee who threatens or insinuates, either implicitly or explicitly that an applicant's or employee's refusal to submit to sexual advances will adversely affect any aspect of that individual's employment including hiring, promotion, compensation, benefits, discipline and/or termination. 0 C,i :.Qf Tamarac Personnel Manual Page Personnel Manual Section 2 — EEO and Prohibited Discrimination Revised 12/02/04 2.05 APPLICANTS/EMPLOYEES WITH DISABILITIES - M NON-DISCRIMINATION AND ACCESS • In addition to the City's commitment to prohibit discriminatory or harassing conduct in the workplace, the City also complies with the Employment Provisions of Title I of the Americans with Disabilities Act (ADA), as well as those provisions in Title V related to employment issues. For the pufposes of this policy, the Human Resource Director is designated Title I ADA Coordinator for all questions, comments or complaints regarding access of qualified individuals with disabilities to the application process or employment, or alleged discrimination in employment, based upon a qualified applicant's or employee's disabling condition or relationship or association with a person with a disability. Employees and applicants with disabilities have a responsibility to inform their supervisor, Department Director, the Human Resource Department staff or Human Resources Director regarding their requests/recommendations to improve access or make reasonable accommodations as it pertains to their employment or employment opportunities. The responsible supervisor or Department Director shall promptly communicate such requests/recommendations to the Human Resources Department staff or the Human Resources Director. • 2.06 RESPONSIBILITY TO REPORT DISCRIMINATION/ • HARASSMENT All employees of the City of Tamarac are responsible for ensuring that discriminatory or harassing conduct does not occur in any form in the workplace. Any employee who has been the victim of such conduct, or who observes such conduct, is required to report the incident immediately to a supervisor, Department Director, the Human Resources Director, or Human Resources Department staff, as described in Section 2.08. The City of Tamarac will investigate alleged acts of discriminatory or harassing conduct and seek effective remedies when an allegation is determined to be valid. Where discriminatory or harassing conduct is established, appropriate disciplinary action will be taken, up to and including termination from employment. 2.07 RETALIATION The filing of a complaint, and/or the providing of assistance to an employee filing a complaint, will not have an impact on that employee's employment status, and that employee will not be subjected to retaliation. Employees shall also be protected from retaliation for assisting in the investigation of a complaint or for providing information during the is".'o1f T rrtarac Personnel Manua`! Pa e 3 Personnel Manual Section 2 — EEO and Prohibited Discrimination Revised 12/02/04 • investigation. Deliberate false accusations of discrimination or harassment can have serious effects on innocent employees. Appropriate disciplinary action, up to and including termination from employment, will also be taken if the investigation determines that an employee has deliberately made false accusations. 2.08 COMPLAINT PROCEDURE Any employee subjected to unlawful discrimination and/or harassment should tell the offending employee to stop the offensive conduct. If the offensive conduct does not stop, or if the conduct is very inappropriate, the offended employee should immediately make a complaint to any one of the following: • The complainant's immediate supervisor or manager; • The complainant's Department Director; • Director of Human Resources; or • A designated representative of the Director of Human Resources. If the complaint involves the conduct of a supervisor or manager, the complaint should be filed directly with the Director of Human Resources, or a designated representative of the Director of Human Resources. Department Directors, supervisors, managers, and Human Resources representatives must report any complaints that have been filed with them to the Director of Human Resources. When making the complaint, the employee should provide specific facts concerning the offensive conduct. These facts should answer the following questions: • Who committed the offensive conduct? • What was the specific conduct? • When and where did the incident(s) occur? • Were there any witnesses? If so, who are they? Complaints will be handled in a timely and discrete manner. If the investigation determines the complaint is valid, prompt and appropriate disciplinary action, up to and including termination from employment, will be taken to stop the harassment or discrimination and to prevent its recurrence. An employee who has been the victim of discriminatory or harassing conduct in the workplace, in lieu of making a complaint as outlined in this section, may file a formal grievance through the grievance procedure outlined in the Personnel Manual or, if covered by a collective bargaining C of Tamarac Personnel Manual Pa e 4 Personnel Manual Section 2 — EEO and Prohibited Discrimination Revised 12/02/04 0 C_J • agreement, may file a grievance in accordance with the applicable collective bargaining agreement. 2.09 COMPLIANCE Compliance with the City's policy of non-discrimination, as outlined in this section, is the responsibility and obligation of every City employee. Failure to comply with this policy will result in appropriate disciplinary action, up to and including termination from employment. C+t elf Tamarpersonnel Nlinual' Raba 5 C7 • Personnel Manual Section 3 - Recruitment and Selection Revised 12/02/04 Section 3. Recruitment and Selection 3.01 COORDINATION The Human Resources Department will administer and coordinate the hiring process for all position vacancies to ensure compliance with contractual, legal, and equal opportunity requirements. The goal of the City, of Tamarac is to recruit and hire the best qualified individuals for positions within the City service. 3.02 RECRUITMENT PROCEDURES A. The Department Directors will be responsible for identifying hiring needs and position vacancies. B. The Human Resources Department will be notified immediately of all position vacancies. C. The affected department may be asked by the Human Resources Department, as necessary, to review the job announcements and ads, and to identify special applicant recruitment sources. D. Qualified candidates, inside and outside of the City, will be considered for every position vacancy for which they apply, unless contrary to any applicable collective'bargaining agreement. E. The Human Resources Department will post each job announcement for a minimum of two (2) weeks for regular full-time and regular part-time positions. Job announcements may be distributed to local area governments, schools, employment agencies, and other recruitment services as determined to be appropriate by the Human Resources Department and the hiring department. The City may -use, for job referral purposes, only those recruitment services which do not discriminate on the basis of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability. F. The Human Resources Department, with the assistance of the affected department, may develop and place ads in local newspapers, trade publications, professional journals, and Internet sites. G. Applications shall be submitted exclusively to the Human Resources Department using the City of Tamarac Employment >� Application Forms. The Human Resources Department will screen applications to determine if minimum requirements are met. In- house candidates, interested in applying for a vacant position Cily.pfTaarac Personnel Manual e1 Personnel Manual Section 3 - Recruitment and Selection Revised 12/02/04 within the City, must also submit an application for the position to the Human Resources Department to be considered for the vacancy. H. Applications for a position received after the published date of first review may not be considered. If there are not sufficient qualified candidates at the closing date, the position may be re -opened and/or re -advertised at the discretion of the Department Director, after consultation with Human Resources staff. For positions which are posted as "open continuous", a first review date is set at least two (2) weeks from the date of the job .announcement posting. A closing date can be established at any time on or after the first review date. Applicants may be disqualified for consideration for employment for any lawful reason including, but not limited to, the following. 1. Failure to possess the minimum qualifications for the job; 2. An unsatisfactory employment record and/or other record as evidenced by information contained on the application form or by the results of a background and/or reference check; 3. Incorrect, incomplete, false statements, or omissions of any material facts or deception in the application or during any other part of the selection process, including but not limited to interviews and background investigations, (if appointed, such employee may be terminated for this reason at any time); 4. Physically, mentally or otherwise unable to perform the essential duties and functions of the position with or without reasonable accommodation, in accordance with state and federal laws; or 5. Not within the legal age limits prescribed by law. 3.03 TESTING PROCEDURES A. Examinations and/or skills assessments based on the position's duties and responsibilities and the qualifications required may be given. B. An examination or skill assessment may consist of an application review, written tests, physical agility tests, performance/work skills tests, an evaluation of experience and training, structured questionnaires, practical tests, in -basket exercises or assessment rvl tartars Personnel Manual Page 2 Personnel Manual Section 3 - Recruitment and Selection Revised 12/02/04 centers, oral board interviews, and/or any other testing or evaluative processes. A passing grade may be required on each component of an exam. In all cases, the testing and/or evaluation will be job related and designed to determine the candidate's knowledge, skills and abilities for the position. Top candidate(s) may be interviewed for final selection. C. As provided by Florida Law, examination questions and answer sheets are confidential and, therefore, exempt from public disclosure. An individual who has taken an examination only has the right to review his/her own completed examination. An examinee may not make copies of their completed exam. Unauthorized disclosure of examination questions and answer sheets to any person is grounds for disciplinary action, up to and including termination. 3.04 INTERVIEW PROCESS The employment interview is an integral part of the selection process. The primary function of the interview is to obtain additional information pertaining to a candidate's job -related knowledge, skills, and abilities not otherwise available through review of the application, testing or other evaluative processes. 3.05 VETERAN'S PREFERENCE Eligible veterans applying for employment, re-employment and reinstatement shall be accorded such preference in accordance with Chapter 296, Florida Statutes, as amended. 3.06 BACKGROUND AND REFERENCE CHECKS A. Before any offer of employment or promotion is extended by the City, a background and reference check of the applicant(s) will be conducted. This may include verification of employment duties, dates of employment, performance work record, attendance record, safety record, driving record, criminal record, and any other pertinent information. B. Candidates must sign a confidentiality waiver authorizing background and reference checks. C. Results of the background and reference check will be considered in the evaluation of the applicant. • • e3 Personnel Manual Section 3. - Recruitment and Selection Revised 12/02/04 3.07 OFFER OF EMPLOYMENT 0 A. A recommendation for hire and Personnel Action Form will be submitted by the Department Director to the Human Resources Director. B. An offer of employment may be made conditional upon successful completion of a medical examination and drug and/or alcohol testing. Please refer to Section 7.07, Medical Examinations. C. Upon successful completion of the background investigation and medical examination, including drug and/or alcohol test, the Human Resources Director will forward the recommendation to the City Manager or designee for final approval. D. If the offer of employment is rejected, the affected Department Director, with assistance from the Human Resources Department, will decide whether to hire another applicant or to re -advertise the position vacancy. 3.08 APPOINTMENT A. A Change of Status Form will be prepared for the new employee. B. Department Directors and Assistant CityManagers are selected b 9 Y the City Manager and confirmed by the City Commission, in accordance with the City Charter. C. Employees may be hired within the applicable pay grade range of the position in accordance with the guidelines approved by the City Manager. 3.09 TRAVEL AND RELOCATION EXPENSES A. Unless approved by the City Manager or designee, the City does not reimburse any applicant for travel costs in conjunction with the hiring process. B. No relocation costs are paid by the City unless approved in writing, in advance, by the City Manager or designee in accordance with the administrative policy on moving expense reimbursement. .a 8-marac Personnel Manual Page 4 Personnel Manual Section 3 - Recruitment and Selection Revised 12/02/04 3.10 NEW EMPLOYEE ORIENTATION A. Each new employee of the City shall be scheduled to attend an orientation program provided by the Human Resources Department, B. Each new employee will be provided with information on employee benefits, enrollment forms, and City personnel policies and procedures. C. The hiring department shall provide additional information to each new employee, including but not limited to: 1. Work standards and regulations; 2. Hours of work, time cards or reports, leave requests; 3. Duties of the position; 4. Safety rules and procedures, location of safety or protective equipment; 5. Tour of the work area, including location of equipment, supplies, etc.; 6. Introduction to co-workers; 7. Schedule for lunch and breaks; 8. When and whom to report absence from work; and 9. Who is responsible for performance planning and review. 3.11 REHIRING FORMER EMPLOYEES A. An employee who has resigned with a good record and still meets the requirements of the position, may be rehired to the same or similar position by the department from which the employee resigned, if a vacancy exists, within ninety (90) days of the date of resignation. In such instances, the vacant position could be filled without having to go through the recruitment process. Such action originates at the sole discretion of the Department Director, and must be approved by the City Manager, after the appropriate background checks and reference checks are completed and all other required processing for new employees has been finished. B. An employee may be rehired within these ninety (90) days at the same, higher or lower pay rate, within the pay range previously received, at the discretion of the Department Director and with the approval of the City Manager or designee. C. Employees rehired within these ninety (90) days, or former . employees rehired in any other manner, are considered new employees for purposes of leave, pension, salary increases, longevity and/or any other benefits. wersonnei. Manual Pace 5 Personnel Manual Section 3 - Recruitment and Selection Revised 12/02/04 D. Employees rehired under this Article may have the probationary period, and/or the waiting period for benefits eligibility, waived upon the recommendation of the Department Director and approval of the City Manager or designee. 3.12 PROBATIONARY PERIOD The probationary period is considered the final stage of the selection process for regular full-time and regular part-time employees. During this period, employees are required to demonstrate, by actual performance, their ability to carry out the duties to which they have been assigned. A. Termination At any time during the initial employment probationary period, the City reserves the right to terminate the probationary employee's service with or without a stated reason, for cause or no cause, and/or subject to the requirements in the applicable collective bargaining agreements. Any termination prior to the expiration of the probationary period shall be final, with no right of appeal. B. Term of Probationary Period • The probationary period for regular full-time and regular part-time positions is normally six (6) months from the date of employment, except for firefighters who serve a one (1) year probationary period. C. Probationary Period Reviews A new employee, not including firefighters, shall be reviewed after the second, fourth and sixth month of employment during the probationary period. Probationary firefighters will be evaluated after the third, sixth, ninth and twelfth month of their probationary employment period. These reviews notify the employee, supervisor, Department Director and City Manager or designee of the employee's progress. The probationary evaluations shall be signed by the employee, the supervisor, the Department Director, and the City Manager or designee. The completed evaluations will be retained in the employee's personnel file. D. Completion of Probationary Period Upon issuance of a satisfactory employee evaluation, and is may completion of the probationary period, the supervisor may recommend to the Department Director, who may recommend C Tor lnirac Personnel Manual -_ Page 6 ft FW LA • • Personnel Manual E F Section 3 - Recruitment and Selection Revised 12/02/04 to the City Manager or designee, the appointment of the employee to regular status: Extension of Probationary Period The six (6) month probationary period may be extended twice, for a period of up to three (3) additional months for each extension, at the sole and exclusive discretion of the Department Director, with the approval of the City Manager or designee, or subject to any applicable collective bargaining agreement. A written reason for the extension will be given. The year long probationary period that firefighters undergo may only be extended as specifically provided in the collective bargaining agreement. Promotional Probationary Period An employee who is promoted will serve a promotional probationary period in accordance with Section 8.06. 3.13 TEMPORARY EMPLOYEES The City reserves the right to terminate the services of any temporary employee at any time, with or without a stated reason, for cause or no cause. - Paae 7 Personnel Manual Section 4 -- Classification -and Pay Plan Revised 12/02/04 Section 4. Classification and Pay Plan 4.01 CLASSIFICATION PLAN A. The City has implemented and maintains a Classification Plan for employees, with the exception of firefighter positions covered by the collective bargaining agreement, which reflects the scope of work and levels of responsibility for City positions. B. The Classification Plan provides such information as the job title and job description for positions in the City. The job descriptions include information regarding the specific duties, responsibilities, ,and the training and experience requirements of each position, as well as incorporate all of the requirements of the Americans with Disabilities Act. C. The City's Classification Plan classifies each position according to work requirements and responsibility factors, including the span of control, the discretion regarding planning and implementation, and the financial accountability assigned to each position. D. The positions in this plan have been compared to other local public employers, in order to determine the appropriate classification, . ranking, and compensation. E. Information regarding the classification of firefighter positions is provided in the collective bargaining agreement between the City and the International Association of Firefighters (IAFF). 4.02 PAY PLAN The Pay Plan, applicable to all employees except those covered by the firefighter collective bargaining agreement, is a compensation hierarchy comprised of separate pay grades. Each pay grade has a pay range with a clearly defined minimum, midpoint, and maximum salary. Every City position is assigned to a specific pay grade within the Pay Plan. Information regarding the pay plan for firefighter positions is provided in the collective bargaining agreement between the City and the International Association of Firefighters (IAFF). IFY oy M- arac Personnel Manual T Page 1 Personnel Manual Section 4 -- Classification and Pay Plan Revised 12/02/04 A. Pay Adjustments 1. For all bargaining employees, including firefighters, pay adjustments will be conducted in accordance with the applicable collective bargaining agreement. 2. For regular non -bargaining City employees, the City has established a performance -based pay system. This pay system provides for pay adjustments linked to the employee's annual comprehensive performance evaluation. The performance -based pay system is approved and may be changed at any time by the City Commission. The current performance -based pay system is included in the Manual as Appendix A. 3. The City Commission must be informed of all "extraordinary pay increases" granted to City employees by the City Manager. The City Manager shall inform the City Commission in writing ten 00) working days prior to granting any "extraordinary pay increases". "Extraordinary pay increases" are defined as any pay increase or reclassification of an individual job classification where the same employee remains in the job class before and after the reclassification. Pay increases which are not included in the definition of "extraordinary pay increases" are: annual performance -based pay increases, cost of living increases given to all employees in a classification as a result of a collective bargaining agreement or other Commission action, and promotions (to a vacant job classification with a higher pay range). B. Overtime Overtime is work required and assigned to a non-exempt employee by a supervisor, with the prior approval of a Department Director or designee, in excess of an employee's standard workweek. 2. The supervisor must notify the Department Director or designee of the circumstances requiring the overtime work before assigning such work, except in emergency situations. In emergency situations, such as when the immediate repair of facilities are essential to prevent loss, further damage to the facility, or an interruption of essential public services, the supervisor must notify the Department Director or designee as soon as possible. Ef al Tamer-oc Personnel Manual 2 Personnel Manual Section 4 -- Classification and Pay Plan Revised 12/02/04 3. Any work performed by non-exempt employees in excess of • forty (40) hours in any workweek will be paid at time and a half. Non-exempt emplo ees on a thirty-five (35) hour workweek will work the through the 40th work hours at straight time. 4. Compensatory leave may be substituted for overtime at the City's and the employee's mutual agreement, subject to any applicable collective bargaining agreement. Compensatory leave may be used for the same purposes and in the same manner as vacation leave. C. Additional Pay 1, The City Commission may at any time establish, change, or alter any program to reward employees with additional compensation, subject to any applicable collective bargaining agreement. Bargaining employees should refer to the applicable collective bargaining agreement. 4.03 MAINTAINING THE CLASSIFICATION AND PAY PLAN The City's Classification and Pay Plan will be monitored and updated as necessary to reflect the City's changing service needs. The job descriptions of the employees delivering the City's services, and the market value of the skills and experience required, must match the service requirements. Reviewing, maintaining and updating the Classification and Pay Plan as necessary and in a consistent manner, as is described in this section of the Manual, will enable the City to maintain the plan's competitive position in the external market, as well as maintain the internal equity of the plan. The City Manager shall be responsible for the maintenance of job descriptions and job categories. The Classification and Pay Plan is maintained, reviewed and updated in a systematic manner through the review of positions in the City based on objective criteria. Requests for new positions and changes to existing positions are made through the annual budget process and include a review of the impact of the change on other departmental positions, unless a change is necessary as a result of urgent and extraordinary circumstances, in accordance with City Policy on Creation of New Positions, Restructure or Reclassification of Current Positions (See Tamarac Administrative Policy #03-03. ) The following outlines the criteria and guidelines for reviewing City positions (also referred to as job audits or the re-evaluation of positions): 12�amara6 Personnel Manual _-Page 3 • C� • Personnel Manual Section 4 -- Classification and Pay Plan Revised 12/02/04 A. Each requested change or group of changes must be thoroughly explained and justified by the requesting department and submitted to the Finance and . Human Resources Departments for further analysis. B. The Budget Office will analyze the request to determine one-time and annual costs created by the changes. In addition, other information such as comparisons with other cities, past history of the program or position, industry standards, or any other relevant factors will be considered and documented. C. The Human Resources Department will analyze and identify the appropriate classification in accordance with job duties to maintain internal equity among similar positions within the City, and external equity with the geographic market. D. These analyses will be provided to the City Manager during the review portion of the annual budget process for consideration of inclusion in the Proposed Budget. E. On the rare occasion when a position needs to be added or changed outside the budget process, items A, B, and C of these guidelines shall apply. In addition, the department will document the urgent and extraordinary circumstances that warrant that the change be made outside the annual budget process. F. These analyses and justifications will be forwarded to the City Manager for review. G. Addition of regular positions to the City's staff must be approved by the City Commission. Reclassifications and restructures that do not increase or decrease the total number of regular positions in the City may be approved by the City Manager, in accordance with Administrative Policy #03-03 and applicable Commission resolutions. Position Reclassifications The City Manager or designee must approve any position reclassification, in accordance with City Policy on Creation of New Positions, Restructure or Reclassification of Current Positions (See Tamarac Administrative Policy #03-03.) Pay increases resulting from reclassifications for non - bargaining employees will be determined in the same . manner as promotional appointments, in accordance with CRY of Tamarac Personnel Manual pa e 4 Personnel Manual Section 4 — Classification and Pay Plan _Revised 12/02/04 the Pay Guidelines for Recruitment and Appointment Policy • (City of Tamarac Administrative Policy 96-13). Pay increases resulting from reclassifications for bargaining positions will be determined in accordance with the promotional section of the applicable collective bargaining agreement. Pay decreases resulting from reclassifications for bargaining and non -bargaining employees will be determined in accordance with Section 8.09 of the Personnel Manual, which deals with the topic of employee demotions. 2. Allocation of New Positions Whenever the City Commission establishes a new position(s), or a new temporary position(s) is created by the City Manager, an initial study will need to be conducted by the Human Resources Department to assign the position to the appropriate classification and pay grade. The Human Resources Department will forward its recommendation to the City Manager for approval. 3. Removal of Positions • Positions that are eliminated from the City's Budget by the City Commission for any reason will be removed from the Classification Plan. Positions may also be removed from the Classification Plan as a result of reclassifications. In such instances, a position may be modified and changed into a different position. Positions which are removed from the • Classification Plan through the reclassification process need to be approved by the City Manager. 0 ,na �irson 1TMi�llanual Pa e 5 • • Personnel Manual Section 5 - Benefits Section 5. Benefits 5.01 HEALTH INSURANCE Revised 12/02/04 The City provides a group health insurance program for its regular full- time employees. The City Commission may establish, change, alter or supplement the City's health insurance program, including but not limited to changes in the carrier or company, benefit schedule, costs, deductions and the City's contribution. For current information on the City's health insurance program, please refer to the Employee Benefit Summary available in the Human Resources Department, or to your collective bargaining agreement, if applicable. Employees eligible for the City's group health insurance program may elect to waive their right to the group coverage. Under the City's waiver program, employees who choose their own health insurance carrier may be eligible to receive a contribution from the City towards the cost of the coverage. The City Commission may establish, change, alter or supplement the City's waiver program, including but not limited to changes in the City's contribution. Current information on the City's waiver program is available in the Human Resources Department. 09 5.02 DENTAL INSURANCE The City provides a group dental insurance program to regular full-time non -bargaining employees, or in accordance with applicable collective bargaining agreements for bargaining unit employees. The City Commission may establish, change, alter or supplement the City's dental insurance program, including but not limited to changes in the carrier or company, benefit schedule, costs, deductions and the City's contribution. For current information on the City's dental insurance program, please refer to the Employee Benefit Summary available in the Human Resources Department, or to your collective bargaining agreement, if applicable. 5.03 BENEFIT OPTIONS The City provides a benefit option package to regular full-time and regular part-time non -bargaining employees, or in accordance with applicable collective bargaining agreements for bargaining unit employees, The benefit option package is a cafeteria plan that is provided in addition to the previously described health and dental insurance coverage. Each year, eligible employees receive benefit option dollars from the City that may be used by the employees to purchase additional benefits. Benefit option dollars may be allocated on an annual basis to the following list of benefits: rersonnei Manual Personnel Manual Section 5 - Benefits Revised 12/02/04 . • Health Insurance (employee contribution); • Dental Insurance (employee contribution); « Deferred Compensation; • Dependent Care Reimbursement; • Group Disability/Accident & Sickness Insurance; • Intensive Care; • Cancer Insurance; • Supplemental Life Insurance; • Long Term Care Insurance; and • Medical Reimbursement, • • The City Commission is responsible for approving the benefit options package and may make changes at any time to the list of benefits, and/or the amount of benefit option dollars provided, subject to applicable collective bargaining agreements. Upon successful completion of the probationary period and attainment of regular status, regular full-time and regular part-time employees who are eligible will receive a pro -rated benefit option. An eligible employee whose probationary period is extended shall accrue benefit option dollars during the period of the probationary extension, which will be payable only upon successful completion of probation and attainment of regular status. Regular part-time employees are eligible for fifty percent (50%) of the benefit option package, but are ineligible for health and dental insurance. Employees are ineligible for benefit option dollars upon termination, retirement or any other separation. For current information on the City's benefit option package, please refer to the Employee Benefit Summary available in the Human Resources Department or to your collective bargaining agreement, if applicable. 5.04 LIFE INSURANCE The City provides a group life insurance program for its regular full-time employees. The City Commission may change, supplement and/or eliminate the City's life insurance program, including but not limited to changes in the carrier and/or company, benefits and all costs and contributions. For current information on the City's life insurance program, please refer to the Employee Benefit Summary available in the Human Resources Department, or to your collective bargaining agreement, if applicable. IGI Of Tamarac Personnel Manual. Page 2 �i Personnel Manual Section 5 - Benefits Revised 12/02/04 5.05 PENSION/RETIREMENT PLANS The City of Tamarac provides a pension plan for employees of the City, All regular full-time employees, with the exception of those positions identified in the City's Pension Ordinance, become members of the Pension Plans on the first day of employment. Officials appointed by the City Commission are not eligible to participate in the Pension Plan. Regular employees in the Executive, Managerial/Professional, and Administrative categories may opt out of the Pension Plan and participate in the City's 401(a) Retirement Plan. This selection is irrevocable once made, and is in accordance with requirements of the Pension Ordinance, The City makes a contribution to the 401(a) Retirement Plan at a rate to be determined by the City Commission. Firefighters are members of the City's Firefighter Pension Fund, in accordance with Florida Statute 175 and the City's Pension Ordinance. The City makes a contribution to the General and Firefighter Pension Funds in accordance with the annual actuarial valuations. Employees who are members of the pension plan make regular contributions through payroll deductions starting with the employee's first paycheck. OfInformation regardingthe City's Pension Plans and Y 401(a) Retirement Plan is available in the Human Resources Department. Forfeiture In accordance with Florida Statutes and Article II, 8(d), of the Constitution of the State of Florida, employees who are convicted of a felony involving a breach of public trust, or whose employment is terminated due to a breach of public trust, will forfeit retirement benefits. Any public officer or employee who is convicted of a specified offense, pursuant to Florida Statute 112.3173, committed prior to retirement, or whose office or employment is terminated by reason of his or her admitted commission, aid, or abetment of a specified offense, shall forfeit all rights and benefits under any public retirement system or pension plan of which he or she is a member, except for the return of his or her accumulated contributions as of the date of termination. Ci +f fiaraaairad Personnel Manual Page 3 Personnel Manual Section 5 - Benefits Revised 12/02/04 5.06 EDUCATIONAL ASSISTANCE Through the provision of limited financial assistance, it is the City's intent to encourage and support the continued professional development of its employees. Education assistance for full-time regular employees, with the exclusion of firefighters covered by the collective bargaining agreement, will be provided ' in accordance with the City's Education Assistance Program. The City Commission is .responsible for approving the Education Assistance Program and may make changes at any time to the program, including but not limited to changes in program eligibility and maximum tuition reimbursement amounts per fiscal year. The Education Assistance Program has been designed to assist employees in achieving educational goals that are beneficial to the City, as well as the individual employee. Furthermore, the benefits provided through the Education Assistance Program will support the City's continued efforts to attract and retain the most qualified employees. Education assistance will be provided to firefighters in the bargaining unit in accordance with the collective bargaining agreement between the City and the International Association of Firefighters (IAFF). The full text of the Education Assistance Program is contained in Appendix B. 5.07 TRAINING The City is committed to providing both internal and external quality training programs to employees. Employees may have the opportunity to take advantage of such training opportunities as they arise with the approval of the Department Director or designee. 5.08 SOCIAL SECURITY All City employees shall be covered by the Social Security Program (FICA). The cost of Social Security and Medicare taxes paid to the federal government shall be shared equally by the employee and the City. 5.09 EFFECTIVE DATES The City Manager shall have the authority to establish and amend the effective dates of City benefits at any time, subject to any applicable collective bargaining agreements or any effective dates established by City ordinance. The establishment or amendment of any effective date shall be done in writing. of Tamarac Personnel Manual Page 4 Personnel Manual Section 6 - Attendance and Leave Section 6. Attendance and Leave 6,01 WORK HOURS AND ATTENDANCE 0 • • Revised 12/02/04 A. The standard workweek will vary by classification and department and in accordance with applicable collective bargaining agreements. The City Manager will establish the standard workweek and hours of work best suited to meet the service needs of the community and the public. The workweek may be Monday through Friday with two days off, or any other combination of work days and work hours that serve the operational needs of the City. When necessary, the City may change or alter the workweek, work days and work hours. In the event of a change in the schedule, the employee will be given a two (2) week notice of the change, or as required in applicable collective bargaining agreements. B. The lunch period shall be established by the Department Director or designee; it will be scheduled for at least thirty (30) minutes, and shall be without pay. C. Breaks will be scheduled by the Department Director or designee in accordance with applicable collective bargaining agreements. D. Employees shall report to work and be ready for work at the commencement of the work period. An employee who is not at work during the approved work hours shall be considered unexcused unless such absence is approved by the supervisor. Lateness is an unexcused absence from the start of the work shift. Repeated unexcused absences, including lateness, are detrimental to operational effectiveness and are grounds for disciplinary action. E. Employees who are required to use time cards, time clocks or sign- in/out sheets shall utilize them when checking in or out of work. Only the employee is permitted to sign in/out or punch in/out for him/herself. Employees who are required to initial their hours for each pay period on the payroll document will do so at the appropriate time. Only the employee is permitted to initial his/her pay period hours. F. It is the responsibility of each Department Director to ensure that accurate time and leave records are maintained in the department. Of Tamarac. P ersonnel Manual _ Pane 1 Personnel Manual Section 6 - Attendance and Leave Revised 12/02/04 G. If an employee must be absent from work, it is the employee's responsibility to inform his/her supervisor in accordance with departmental policies and any applicable collective bargaining agreement. 6.02 SICK LEAVE A. An employee may use sick leave for any of the following reasons: 1. When incapacitated for work due to medical reasons; 2. For required medical or dental appointments for the employee or the employee's spouse, parent, or child; or 3. When the employee's spouse, parent, or child has a serious illness or injury requiring the care of the employee. B. The rate at which sick leave accrues is approved, and may be changed at any time, by the City Commission, subject to any applicable collective bargaining agreement. Regular part-time employees accrue half of the amount of sick leave approved for regular full-time employees. Probationary employees accrue sick leave during their probationary period and may use this leave is during probation. C. When possible, an employee should give his/her supervisor advance notice of sick leave. When this is not possible, the employee should contact his/her supervisor within one (1) hour of the start of the employee's work day. This one (1) hour time requirement may be waived in emergency situations. Departmental requirements regarding sick leave notification will supercede the Personnel Manual, subject to any applicable collective bargaining agreement. D. An employee who becomes ill during the workday shall inform his/her supervisor before leaving work or the job site, E. An employee using sick leave must submit a Request for Leave Form to the Department Director or designee. A physician's statement shall be required for absences of three (3) or more days, except as determined by Department Directors. A physician's statement may also be required for lesser periods of absence if the Department Director or designee has reason to believe, based on is leave employee's leave record or other objective evidence, that sick leave is being abused. An employee will be asked for a physician's statement, if the employee had requested vacation leave for the Cli o�forrac PeironneJ Manual Page 2 • is Personnel Manual Section 6 - Attendance and Leave Revised 12/02/04 same time period and the vacation leave was not approved. F. Abuse of sick leave may be grounds for disciplinary action and will be closely monitored by the Department Director or designee. G. Upon separation from the City, or at any other time pursuant to the terms of the applicable collective bargaining agreement or as established by the City Commission, accrued sick leave may be paid to eligible employees. The maximum accrual limits and the percentage of sick leave that will be paid to bargaining employees are set in the applicable collective bargaining agreement. The percentage of sick leave that will be paid to non -bargaining employees is approved, and subject to change at any time, by the City Commission. 6.03 VACATION LEAVE A. Regular employees are entitled to vacation leave after successfully completing the probationary period. Leave accrued during the probationary period will be credited to the employee after the successful completion of probation. B. The rates at which vacation leave accrues, the minimum amount which must be used annually, and the maximum amount which can accrue are approved and may be changed at any time by the City Commission, subject to any applicable collective bargaining agreement. C. Prior approval must be received from the Department Director or designee in order to use vacation leave. An employee must submit a Request for Leave Form to the Department Director or designee for approval. Vacation leave requests require as much notice as the time being requested. Departmental requirements regarding vacation leave notification will supercede the Personnel Manual, subject to any applicable collective bargaining agreement. D. Every effort will be made to accommodate employee requests. However, the task of maintaining quality services, operational needs, adherence to schedules, and approved leave for co-workers may restrict the scheduling of vacations. • • Personnel Manual Section 6 - Attendance and Leave Revised 12/02/04 E. An employee may use vacation leave for sick leave purposes, with . the Department Director's or designee's authorization, if the employee has exhausted his/her sick leave and the employee has been out of work for at least three consecutive days. The requirement of three consecutive days may be waived with proof of medical necessity. F. Upon separation from the City, or at any other time pursuant to the terms of the applicable collective bargaining agreement or as established by the City Commission, accrued vacation leave may be paid to eligible employees. The maximum accrual limits and the percentage of vacation leave that will be paid to bargaining employees are set in the applicable collective bargaining agreement. Accrued vacation leave will be paid to non -bargaining employees, based upon their current salary, up to the maximum amount approved by the City Commission, and is subject to change at any time. 6.04 HOLIDAYS A. The City observes the following holidays: 1. 2. New Year's Day; Martin Luther King, Jr.'s Birthday; 3. President's Day; 4. Memorial Day; 5. Independence Day; 6. Labor Day; 7. Veteran's Day; 8. Thanksgiving Day; 9. Day after Thanksgiving; 10. Christmas Eve; and 11. Christmas Day. B. Regular full-time employees are entitled to a normal day's pay for each of these holidays, or in accordance with any applicable collective bargaining agreement. Regular part-time non -bargaining employees are entitled to three and a half (3Y2) hours of pay for each holiday and regular part-time bargaining employees are entitled to four (4) hours of pay, or as otherwise provided by the appropriate collective bargaining agreement. C. The date of observance for certain holidays varies slightly • dependent upon an employee's regularly scheduled workdays. The following applies to employees who are scheduled to work Monday through Friday: holidays that fall on a Saturday will be Chi i`61 Ta era ;Personnel Manual Page 4 Personnel Manual Section 6 - Attendance and Leave Revised 12/02/04 observed on the prior Friday; and holidays that fall on a Sunday will be observed on the following Monday. Employees who are scheduled to work Saturdays and/or Sundays, will observe the holiday on the actual day that it falls. D. In order to be paid for the holiday, an employee must physically be at work, or on an authorized leave with pay, on the scheduled working day preceding and following the holiday. An employee who does not work the day before or after a holiday due to illness, without prior approval, must submit a physician's statement or receive written approval from the Department Director in order to be compensated for the holiday. E. If a non-exempt (hourly) employee, not covered by a collective bargaining agreement, is required to work on a holiday, the employee will receive one and a half (IY2) hours of pay for each hour worked. In addition, the employee will also receive a normal day's pay in observance of the holiday. A bargaining employee who is required to work on a holiday will be paid in accordance with the terms of the applicable collective bargaining agreement. F. Exempt (non -hourly) employees who are required to work on a holiday will receive a floating holiday for use on another work day, M to be used by the end of the calendar year. A floating holiday has no cash value. G. If a holiday falls during an employee's vacation leave, there will be no charge from vacation leave for the paid holiday. H. Any employee wishing to use accrued vacation or personal leave for religious holidays not observed by the City will be permitted that opportunity, subject to operational requirements. 6.05 PERSONAL LEAVE A. Personal leave will be earned by regular full-time, regular part-time, and probationary employees each fiscal year at rates that are approved, and may be changed at any time, by the City Commission, subject to any applicable collective bargaining agreements. Personal leave has no cash value; any personal leave not used by the end of the fiscal year will be forfeited. B. Personal leave may be used at the employee's, discretion without the prior approval of the Department Director or designee in situations where the need could not be anticipated in advance. When prior notice is not feasible because of unforeseen �j "6# Tamarac Porso'nnel Manual` Page 6 Personnel Manual Section 6 - Attendance and Leave Revised 12/02104 circumstances, notice must be given to the Department Director or designee within one (1) hour of the start of the employee's work shift. The obligation to contact the Department Director or designee within one (1) hour may be waived in emergency situations; however, notice must be given as soon as possible. Departmental requirements regarding personal leave notification, will supercede the Personnel Manual, subject to any applicable collective bargaining agreement. C. An employee must submit a Request for Leave Form and get the approval of his/her Department Director or designee, if practicable. D. Upon separation from the. City, any unused personal leave will be forfeited. 6.06 COMPENSATORY LEAVE A. Compensatory leave may be substituted for overtime when mutually agreed upon by the City and the employee, subject to applicable collective bargaining agreements. Compensatory leave may be used for the same purposes as vacation leave. B. Prior approval must be received from the Department Director or designee in order to use compensatory leave. An employee must submit a Request for Leave Form to the Department Director or designee for approval. Compensatory leave requests will be handled in the same manner as vacation leave requests. Departmental requirements regarding compensatory leave notification will supercede the Personnel Manual, subject to any applicable collective bargaining agreement. C. The City may deny requests for compensatory leave if the time off would be unduly disruptive to the City's operations. D. Any accrued compensatory leave not taken by the end of the fiscal year will be paid out to employees. E. Upon separation from the City, accrued compensatory leave will be paid in a lump sum, subject to any applicable collective bargaining agreement. 6.07 BEREAVEMENT LEAVE A. For City employees other than Firefighters, the City will grant three (3) working days of paid bereavement leave to employees in regular positions in the event of a death in the immediate family, as ,10)ty of Tamarac :Personnel Manual Page 6 Personnel Manual Section 6 - Attendance and Leave Revised 12/02/04 defined in Section 6.07B, within the State of Florida. If an eligible employee must travel outside the' State of Florida in response to that death, the City will grant five (5) working days of paid bereavement leave. If an employee needs additional time -off, he/she may request vacation leave, personal leave, or leave without pay. Bereavement leave for Firefighters will be granted as provided in the applicable collective bargaining agreement. B, Immediate family for the purposes of Section 6.07 shall be defined, subject to any applicable collective bargaining agreement, as the employee's spouse, mother, father, brother, sister, children, grandchildren, step -children, step-parents, grandmother, grandfather, father-in-law, mother-in-law, son-in-law, daughter-in- law, brother-in-law, sister-in-law and, upon proof, any person in the general family who has been living in the employee's household and whose ties would normally be considered immediate family. C. The employee or a family member must notify the employee's supervisor of the death in the family and request bereavement leave prior to, or no later than, the first day that the employee will not be at work. The employee shall provide the name of the deceased, the relationship to the employee, the dates of absence requested, the location of the funeral, if applicable, and any other pertinent information that may be requested. D. The employee shall provide his/her supervisor with proof of death if requested. 6.08 ADMINISTRATIVE LEAVE A. Administrative leave is paid leave that may be granted to an employee at the discretion of the Department Director, upon approval of the City Manager. B. Administrative leave may be approved for the following reasons: job -related educational activities; participation in professional associations; extreme weather conditions (for employees not required to work) where such excused absence is authorized by the City Manager or designee; to attend the funeral of a fellow employee (or the spouse or child of a fellow employee); to vote; or for any other purpose determined by the City Manager to be consistent with the City's interests. C. In the case of voting, the City encourages employees to complete this task during non -work hours. If it is not possible for an employee to perform this function before or after work, the City may approve administrative leave for the purpose of voting. In such Manual Page 7 Personnel Manual Section 6 - Attendance and Leave Revised 12/02/04 situations, the employee is responsible for requesting leave from • his/her supervisor as soon as practicable. D. An employee must submit a Request for Leave Form to his/her Department Director or designee whenever he/she is requesting administrative leave. 6.09 MILITARY LEAVE The City will grant military leave to employees in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Florida Statutes Chapter 115 and Statute 250.48. A. Leave for Military Training Purposes 1. Employees who are reserve officers or reserve enlisted personnel in the United States Military or Naval Service or members of the Florida National Guard are entitled to leaves of absence from their respective duties when assigned to active or inactive duty for training purposes, Leaves of absence under the provisions of this section shall not exceed seventeen (17) working days in any one annual period. 2. The leave of absence for Military Training Purposes will be granted with pay, without loss of vacation leave or time, as long as the leave period does not exceed the annual allotment of seventeen (17) working days. The definition of "working day", as stated in Florida Statute 115.07(3), as it applies to Military Leave for training purposes is: shifts of twelve (12) hours or less shall equal one (1) working day leave of absence; shifts of over twelve (12) hours and up to twenty four (24) hours shall equal two (2) working days leave of absence. 3. Administrative leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be granted by the City without pay. 4. During the period of leave, the employee shall be entitled to retain their health insurance, dental insurance, basic life insurance, as well as optional insurance policies, in accordance with the terms and conditions of each policy as well as the cost sharing requirements of the City and the employee. i, `6 Tamarac Pers,onnei'Manual Page 8 Personnel Manual Section 6 - Attendance and Leave Revised/2/02104 M • • 5. Time spent as Military Leave of Absence for Training will be considered as creditable service as permitted in the City's Pension Ordinance. B. Leave for Active Military Service (Not for Training Purposes) 1. Employees who are officers or enlisted personnel in the National Guard or a reserve component of the Armed Forces of the United States may, subject to the provisions and conditions set forth in Florida Statutes, be granted leave of absence from their respective offices and duties when ordered to active military service. 2. The first thirty (30) days of any such leave of absence are to be with full pay, in accordance with applicable federal law and Florida State Statutes, as amended. After the first thirty (30) days of service, the City will supplement the military pay in an amount necessary to bring the. employee's salary up to the level of the civilian pay, inclusive of any incentives earned at the time they were called to active military duty. Should the employee's military salary be equal to or greater than the employee's civilian salary, no supplement shall be given. 3. During the period of leave, the employee will be entitled to retain their health insurance, dental insurance, basic life insurance, as well as optional insurance policies, in accordance with the terms and conditions of each policy as well as the cost sharing requirements of the City and employee. 4. Time spent as Military Leave of Absence for Active Military Service shall be considered as creditable service as permitted in the City's Pension Ordinance. C. Required Documentation and Calculation of Leave Time If the employee is called to active military duty or to Reserve or National Guard training, or if the employee volunteers for the same, the employee shall notify the supervisor and submit copies of the military orders as soon as practicable. The employee will be granted a military leave of absence for the period of military service, including the time reasonably necessary to travel to and from the site of duty or training. City of Tg >rtarac Personne# ._-Manual Page 9 Personnel Manual Section 6 - Attendance and Leave Revised 12/02/04 • r1 LJ C: D. Reemployment After Completion of Military Duty/Training Upon separation from active military service, the employee will be eligible to return to the former position held or a similarly comparable position with no loss in seniority, pay or benefits. The City may, in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), require the employee to submit to a medical examination to determine the employee's fitness to perform the essential job functions of the position to which the employee may be returning. Upon discharge from military service, an employee shall, in accordance with the Timely Application Requirements of the USERRA, notify the City of his/her intention to. return to work. 6.10 JURY DUTY AND COURT APPEARANCES A. Jury Duty A regular full-time or regular part-time employee who is called to serve as a juror in any Court shall be paid the employee's regular pay for the period of service on the jury. Any compensation received by the employee for such duty shall be given to the City. The Department Director or designee is responsible for ensuring that reimbursement of jury duty pay is made. 2. Employees must notify their supervisor, as soon as practicable, as to when they are going to be absent from work for jury duty. A copy of the official notification must be submitted with the Request for Leave Form. 3. An employee responding to a jury summons is expected to notify his/her supervisor on a daily basis of that day's jury status. When not expected to be in Court, the employee must return to work. 4. An employee who is excused from jury duty within two (2) hours of the end of his/her scheduled workday does not have to return to work. An employee excused earlier than within two (2) hours of the end of his/her scheduled workday must report to work to be paid for that day. B. Other Non -Job Related Court Appearances 1. If an employee must be absent from work for a court appearance to which they are a party, or to appear as a witness (either voluntary or by subpoena), or for any other CI ,of Tamarac Personnel'Manual Page 10 0 • Personnel Manual C Section 6 - Attendance and Leave Revised 12/02/04 non -job -related reason, the employee must use vacation leave, personal leave, or leave without pay. 2. The employee must provide the official Notice with the Request for Leave Form, and provide as much notice as possible to his/her supervisor. Job -Related Court Appearances Any employee who is required to appear in Court for a job -related reason on behalf of the City will be considered to be on a regular job assignment. The hours spent in Court will be compensated in the same manner as hours worked. 6.11 FAMILY AND MEDICAL LEAVE ACT In accordance with the Family and Medical Leave Act of 1993 (FMLA), the City will grant up to 12 weeks of family and medical leave during any 12-month period to eligible employees. The leave may, be paid, unpaid, or a combination of paid and unpaid, depending on the circumstances and the provisions of this policy and other leave policies. The full text of the Family and Medical Leave Act Policy is 09 contained In Appendix C. 6.12 LEAVE WITHOUT PAY A. A non-FMLA qualified leave of absence without pay may be granted to a regular employee for sickness or disability, educational purposes, or other reasons determined to be in the best interest of City service, in accordance with any applicable collective bargaining agreement. B. To be eligible for leave without pay, the employee must first exhaust all applicable accrued leave. C. A statement explaining the request for leave without pay must be submitted with a Request for Leave Form. Leaves of absence for one (1) week or less require the approval of the Department Director. Leaves of absence for more than one (1) week require the approval of the City Manager. . D. If the leave without pay has been approved, the City Manager or designee must notify the Human Resources Department so the employee's benefits can be coordinated. C1 Qf Ternarac Personnel Manual Pa a 11 Personnel Manual Section 6 - Attendance and Leave Revised 12/02104 E. The employee will retain benefits for the first thirty (30) calendar days of the leave without pay, or in the case of a bargaining unit employee in accordance with the applicable collective bargaining agreement. If the employee contributes to any insurance or other type of benefit, the employee must continue to make those payments while on unpaid leave. To retain benefits for a leave in excess of. thirty (30) calendar days, the employee must pay both the employee's and the City's portions for any insurance or other type of benefit. The City must receive these payments in accordance with the time period designated between the City and the employee taking the leave. If the payment is more than thirty (30) days late, the City' may discontinue coverage for the duration of the leave. City benefits operating on an accrual basis (e.g., vacation, sick, and other leave benefits) will cease to accrue during any unpaid leave. F. Seniority will accumulate for leaves of thirty (30) calendar days or less, or in the case of a bargaining unit employee in accordance with the applicable collective bargaining agreement. It will not accumulate for leaves exceeding thirty (30) calendar days. G. The employee must notify the Department Director or designee at least ten (10) working days before returning to work. 0 H. An employee returning from a non-FMLA qualified medical leave of absence must furnish a physician's letter attesting to the employee's fitness to return to full employment. The City may request a second opinion as to the employee's fitness to return to full employment, at the City's expense, by requiring a City designated doctor to conduct an examination. If an employee does not return to work when the leave of absence ends, the employee will be terminated, subject to appropriate notification of their rights, effective as of the last day of the approved leave of absence. J. If an employee is unable to return to work when the leave of absence ends, the employee may submit a written request for an extension of the leave to the City Manager or designee. Each case will be judged individually by the City Manager or designee. If an extension is not granted, the employee will be terminated on the last day of the approved leave of absence. ci nrac.Personndl Mainual` Pa a 12 Personnel Manual Section 6 - Attendance .and Leave Revised 12/02/04 6.13 UNAUTHORIZED ABSENCE A. Unauthorized absence occurs when an employee fails to report to work on time without prior authorization or notification of such absence, in accordance with departmental policies and any applicable collective bargaining agreement, unless extenuating circumstances prevented such communication. B. Unauthorized absence (i.e., absence without approval) shall constitute cause for disciplinary action up to and including termination. C. An employee who is absent from work without authorization for three (3) consecutive work days will be deemed to have resigned employment as of the last day of active service. Confirmation of the employee's resignation will be communicated by letter from the Human Resources Director or designee. D. If the employee can provide documentation, within seven (7) days after the third consecutive work day missed, to the satisfaction of the Department Director that circumstances beyond the employee's control prevented the employee from reporting to work, the Department Director may recommend that the employee be reinstated to his/her former position, upon approval by the City Manager or designee. • • Ci of 'Tamarac Personnel Manual Page 13 Personnel Manual Sec0on 7 — Safety and Health Revised 12/02/04 • Section 7. Safety and Health 0 7.01 SAFETY AND HEALTH POLICY STATEMENT: The City of Tamarac is committed to providing employees with a safe and healthy workplace. It is the policy of this organization that: A. The City and its employees share the responsibility for safety consciousness and awareness in the workplace. It is through this mutual commitment to safety in the workplace that the City is able to establish and maintain an environment that is both safe and productive. B. The Department Directors or their designees are responsible for ensuring that all employees in their department receive proper training in acceptable procedures and appropriate personal protective equipment. C. Supervisors shall explain safety rules, including standards, practices and regulations, to personnel under their supervision and take the appropriate steps for all employees to follow the safety rules of the City. As appropriate, if an employee suffers an injury on the job, the supervisor is responsible, with possible input from • the employee, for implementing appropriate corrective measures. Corrective action may include, but is not limited to, the provision of additional training, changes in work practices, equipment replacement and/or equipment modifications. D. All employees are responsible for following accepted work methods, using appropriate personal protective equipment, and exhibiting a high level of awareness while on the job to ensure the safety of themselves, their fellow employees, and the public. E. Any employee aware of safety hazards, such as unsafe equipment, conditions or practices by fellow employees, shall immediately report the situation to his/her supervisor who in turn shall immediately report the situation to the Department Director or Director's designee. Safety hazards can also be reported to the Risk and Safety Manager. The supervisor and/or the Department Director must take the necessary steps to correct the unsafe condition as soon as practicable. F. The City's Safety Committee comprised of the Risk and Safety Manager and representatives from various departments shall meet periodically to establish, promote and monitor safety measures throughout the City. 414,.6f Tamarac Personnel Manual Page 1 personnel Manual Section 7 — Safe and Health Revised 12/02/04 G. All employees shall be responsible for complying with safety rules and exercising good judgment in safety matters. As a condition of employment, employees are required to comply with all of the City's safety rules including but not limited to the following: Use all safety devices and equipment provided or required by the City for his/her protection; 2. Ensure his/her work area and equipment are kept clean and orderly to reduce hazards such as accidents, bodily injury and fire; 3. Adhere to all City and departmental safety rules, standards, practices, and regulations; and 4. Report all injuries as soon as practicable to his/her supervisor. H. The City may adopt, modify, update or otherwise implement risk and safety policies and procedures as necessary to implement this section. I. Each employee is responsible for his/her own safety. Employees acting in an unsafe manner, or failing to immediately identify or correct unsafe conditions, are subject to disciplinary action up to and including termination. 7.02 DRUG AND ALCOHOL FREE WORKPLACE POLICY The City of Tamarac is committed to providing a safe work environment for its employees, its community, and the public. The abuse of alcohol and drugs is a national problem which impairs the safety and health of employees, promotes crime and harms the community. In order to maintain the high standards of morale, productivity and safety in our City's operations, the City has instituted a Drug and Alcohol Free Workplace Program. With the cooperation and assistance of its employees, the City has implemented a program designed to provide a safe workplace environment free from drug and alcohol abuse. The City's policy is in accordance with the Florida Drug Free Workplace Program as provided in Florida Statutes, Section 440.102, as amended and the appropriate regulations. The full text of the Drug and Alcohol Free Workplace Policy is contained in Appendix D, • Ft 9f Tamarac Personnel Manual Page 2 Personnel Manual Section 7 — Safe and Health Revised 12102/04 7.03 ALCOHOL AND DRUG POLICY FOR EMPLOYEES WHO OPERATE COMMERCIAL MOTOR VEHICLES The purpose' of this policy is to comply with all applicable federal regulations adopted by the Federal Highway Administration (FHWA), as amended, that mandate alcohol and drug testing and establish testing standards for covered, "safety -sensitive" employees that operate "commercial motor vehicles." The full text of the Alcohol and Drug Policy for Employees Who Operate Commercial Motor Vehicles is contained in Appendix E. 7.04 ALCOHOL AND DRUG POLICY FOR EMPLOYEES PERFORMING CITY MASS TRANSIT FUNCTIONS The purpose of this policy is to comply with all applicable federal regulations adopted by the Federal Transit Administration (FTA) that mandate alcohol and drug testing and establish testing standards for covered employees that perform mass transit functions. The full text of the Alcohol and Drug Policy for Employees Performing Mass Transit Functions is contained in Appendix F. • 7.05 EMPLOYEE ACCIDENT AND INCIDENT REPORTING • The City of Tamarac is committed to providing a safe work environment for our employees, our community, and the public. This requires a commitment from both management and employees to report and investigate all accidents and incidents as soon as possible after the occurrence. This commitment is crucial in determining the cause, preventing the reoccurrence, and expediting a safe and successful return to work of any employee that has experienced a work related injury or illness. The full text, listing of definitions, and Forms for the Employee Accident and Incident Reporting Policy is contained in Appendix G. 7.06 WORKERS' COMPENSATION INJURY In the event a City employee suffers an injury or illness arising out of and in the course of his/her employment, he/she shall be subject to the following, A. All workers' compensation medical benefits and leave will be provided in accordance with the applicable workers' compensation laws of the State of Florida set forth in Chapter 440, Florida ofTamarac PersonneUManual Page 3 Personnel Manual Section 7 — Safe!y and Health Revised 12102/0-4 Statutes, and in accordance with any applicable collective bargaining agreement. B. An employee who is on leave due to a workers' compensation injury will continue to have the City's portion of the employee and dependent health insurance cost paid by the City for twelve (12) weeks or the period of their receipt of sick leave and vacation leave, whichever is greater. The employee may have up to an additional twelve (12) weeks of payment of the City's portion of these health insurance costs based on the opinion of an employer/carrier designated physician for purposes of treatment and/or independent medical evaluation. 7.07 ALTERNATE OR TRANSITIONAL DUTY A. Work -related Injuries and Illnesses If an employee suffers a work -related injury or illness and becomes physically able to perform some useful alternate or transitional duty work, the City will provide alternate or transitional duty work for the employee, if there is such work available and if such work is consistent with the employee's medical limitations. The City is not required to create or provide alternate or transitional duty work and the availability and duration of alternate or transitional duty work is 09 up to the sole and exclusive discretion of the City. B. Non -Job Related Injuries or Illnesses If an employee suffers a non job related injury or illness and becomes physically able to perform some useful alternate or transitional duty work, the City will provide alternate or transitional duty work for the employee, if there is such work available in the employee's department and if such work is consistent with the employee's medical limitations. The City is not required to create or provide alternate or transitional duty work and the availability and duration of alternate or transitional duty work is up to the sole and exclusive discretion of the City. 7.08 MEDICAL EXAMINATIONS A. Pre -employment Medical Examinations 1. In compliance with the Americans with Disabilities Act (ADA), the City will extend a conditional offer of employment . to a candidate for appointment to a City position prior to requiring a medical examination. If the medical examination reveals that the candidate does not satisfy certain job- ,�of Tamarac Personnel Manual,,...Pa e 4 Pemonnell Manual Section 7 — Safe and Health Revised 12/02/04 0 C� related criteria, as determined by the City, the conditional offer of employment will be withdrawn. Such job -related criteria shall be consistent with business necessity, as determined by the City, and shall not unlawfully discriminate against candidates for appointment with disabling conditions. Please refer to Section 2.05, Applicants/Employees with Disabilities — Non -Discrimination and Access. 2. All employees are required to have a pre -employment medical examination prior to their first day on the job. These examinations will be scheduled by the Human Resources Department and the cost will be paid by the City. B. Attendance and Work Related Examinations 1.. Department Directors have the authority to request that an employee produce a doctor's note justifying the use of sick leave, maternity leave, leave without pay, special or modified duty, and/or resumption of regular duty, subject to any applicable collective bargaining agreement. 2. Department Directors may also require, when appropriate, that an employee be examined by a physician or similar professional designated by the City, the cost of which will be paid by the City. Examinations which are to be paid by the City must be approved, prior to the exam, by the City Manager or designee. Subject to any applicable collective bargaining agreement, Department Directors may require medical examinations, in appropriate circumstances, based on the employee's deteriorating performance, deteriorating attendance record, request for modified duty or resumption of regular duty, recall from layoff status, or other related reasons, which may indicate that the employee may have health problems. 7.09 SMOKE FREE WORKPLACE POLICY The City of Tamarac is dedicated to providing a healthy, comfortable and productive work environment for all its employees and for all citizens who visit their municipal facilities. A. Smoking is prohibited in City owned or leased buildings, or on City owned property, except in areas specifically designated for smoking. B. Smoking is prohibited in City owned or leased vehicles. O,ti',of Tamarac Personne'lhllartual Page 5 • C� Personnel Manual Section i - Safet y and Health Revised 12/02/04 ft7.10 VIOLENCE IN THE WORKPLACE Managing critical workplace incidents, primarily those dealing with actual or potential violence, is a top organization priority. These issues generally involve delicate balances between rights, responsibilities and compelling organizational needs, such as employee and public safety and the continued performance of required duties. For these reasons, the City of Tamarac is committed to providing a coordinated and rapid response to any and all such incidents. The full text of the Violence in the Workplace Policy is contained in Appendix H. 7.11 EMPLOYEE ASSISTANCE PROGRAM The City of' Tamarac 'recognizes the potential adverse impact of unresolved personal problems on employee well-being and on employee performance in the workplace. An Employee Assistance Program (EAP) is made available to all regular full-time and regular part-time employees and their immediate family members. The full text of the Employee Assistance Program (EAP) Policy is 00 contained in Appendix I. 7.12 MOTOR VEHICLE OPERATION AND SAFETY POLICY The purpose of the Motor Vehicle Operation and Safety Policy is to promote the safety of drivers and passengers while conducting City business; the safe operation of City -owned and/or leased vehicles; minimizing losses, damages and claims; and to define operating guidelines and safe driving practices for City employees. The full text of the Motor Vehicle Operation and Safety Policy is contained in Appendix J. Cllof Tamarac Personnel Manual 'Page 6 Personnel Manual Section 8 — Em to ment Status Revised 12/02/04 0 Section 8. Em to ment Status 0 8.01 PROBATIONARY EMPLOYEE - NEW HIRE A. Newly hired employees are placed in probationary status before being placed in regular status, The probationary period is regarded as an integral part of the selection process. It is used to closely observe the employee's performance to determine whether the employee's actual performance meets the requirements of the position. B. The probationary period for regular full-time and regular part-time positions is generally six (6) months from the date of employment, except for firefighters who serve a one (1) year probationary period. For further information, please refer to Section 3.12, Probationary Period and 9.02, Evaluation. 8.02 REGULAR EMPLOYEE A. A regular employee is an employee hired to fill a regular position who is placed in regular status after successfully completing the initial probationary period. B. Upon achieving regular status, an eligible may employee receive 40 Y Y benefit options. Please refer to Section 5, Benefits. 8.03 TEMPORARY EMPLOYEE A. A temporary employee may be hired to assist in the handling of peak workloads, seasonal employment, casual employment, or employment of an emergency nature. The duration of the assignment is at the sole and exclusive discretion of the City. A temporary position may be approved by the City Manager for a period not to exceed six (6) months. B. A temporary employee is not entitled to any City benefits except as approved by the City Commission. C. If a temporary employee is selected and hired to fill a regular position, the employee will be considered a newly hired employee on probationary status at the time of their hire to a regular position. ptij7oftimarac Personnel Manual:Page 1 Personnel Manual Section 8 — Employment Status Revised 12102/04 8.04 TEMPORARY OVERLAP EMPLOYEE The City of Tamarac is committed ensuring the essential services of the City are provided to City residents at all times. During the extended absence of a City employee, the City Manager, at his sole and exclusive discretion, may approve a temporary overlap of the position, allowing the temporary employment of an individual with a modified benefits package, who will perform the essential job functions during the absence of the employee. A. Definitions: Overlap Status — An employee shall be given overlap status when appointed to perform the duties of another employee in a filled position. 2. Essential Job Functions — Job functions determined by the City Manager to be necessary for the provision of essential City services. 3. Extended Absence — An approved absence expected to be in excess of ninety (90) days as a result of a qualifying illness under the Family and Medical Leave Act (FMLA), activation for military duty, or other legally defined absences. B. Process: 1. Upon receiving notification that a City employee has received approval for an extended absence as defined above, the Department Director may submit a written recommendation to the Human Resources and Finance departments for a temporary overlap of the employee's position. The written recommendation should include a description of the extended absence, the estimated length of the absence, an explanation of the essential services performed by the employee and the budgetary impact and available funding to cover the costs. 2. The City Manager may approve or disapprove the recommendation of the Department Director or designee after review and recommendation by the Human Resources and Finance Departments. If the City Manager approves the recommendation, it shall be forwarded to the Human Resources Department for appropriate recruitment activity. 3. Temporary overlaps shall be approved for up to one year, unless specifically extended by the City Manager in response to a request nei Klan 2 Personnel Manual Section 6 — Employment Status Revised 12/02/04 specifically extended by the City Manager in response to a request and justification from the Department Director, 0 4, The Department Director is required to notify the Human Resources Department of the return of the regular employee from the leave of absence. 5. Persons serving in temporary overlapped positions shall receive a modified benefits package consisting of limited vacation, sick leave, paid holidays and insurance coverage, as approved by the City Manager. 6. Persons serving in temporary overlapped positions may apply for any City vacancy, however, the appointment of an individual to a temporary overlapped position is in no way a contract, promise or guarantee for continued or future City employment. 7. Temporary overlap positions shall not be considered as regular positions pursuant to any applicable collective bargaining agreements. B. Temporary overlapped employees are not eligible to participate in. the City's pension/retirement plans. Time served in a temporary overlap position shall not be recognized as service credit for the • City's pension/retirement plans or any other service credit based benefits. 9. At any time the temporary overlapped employee may be removed from the position. 10.If a temporary overlapped employee is selected and hired to fill a regular position, the employee will be considered a newly hired employee on probationary status at the time of their hire to a regular position. 11. Except as specifically defined above, a temporary overlapped employee is a temporary employee. 8.05 WORKING OUT OF CLASS A. Employees generally work within their regular job classification. An employee temporarily assigned to a job classification in a higher pay grade will receive a five (5) percent increase or the minimum of the higher pay grade, whichever is greater for the period served in each instance in excess of forty (40) consecutive hours (1 week) in the higher classification, or in the case of a bargaining unit employee he/she will be compensated in accordance with any ll° M, araic:'Personnel Manual Page 3 Personnel Manual Section 8 — Employment Status Revised 12102104 applicable collective bargaining agreement. B. An employee temporarily assigned to work in a lower paying job classification will not receive a decrease in pay. C. Temporary assignments and their duration are at the discretion of the Department Director or designee. 8.06 INTERIM APPOINTMENTS A. As appropriate, the City Manager or a Department Director, with the approval of the City Manager, may appoint an employee to another position on an interim basis. The employee will be required to assume the full scope of the responsibilities of the interim position, in addition to the duties and responsibilities of his/her regular position. B. An employee appointed to position on an interim basis may receive a five (5) percent increase with the approval of the City Manager, for the length of time he/she serves in the interim position. 8.07 PROMOTION A. A promotion is the assignment of an employee to a position in a higher classification at a higher pay grade, having a higher maximum salary, than the former position. B. Promotional pay adjustments for non -bargaining employees will be in accordance with pay guidelines set by the Pay Guidelines for Recruitment and Appointment Policy. Promotional pay adjustments for bargaining employees will be in accordance with the applicable collective bargaining agreement. C. Employees are placed in a six (6) month probationary period at the time of promotion, or in accordance with the applicable collective bargaining agreement. The supervisor will review the employee's performance after the third and sixth month of service in the new position. If the employee's performance is satisfactory at the end of the probationary period, the supervisor may recommend to the Department Director, who may recommend to the City Manager or designee, that the employee be placed in regular status in the new position. D. The promotional probationary period does not affect the • employee's entitlement to City benefits granted after successfully completing the initial employment probationary period. ? of T' arac Personnel Manual, Page 4 Personnel Manual Section 8 -- Employment Status Revised 12/02/04 E. Upon the recommendation of the Department Director, with final approval from the Human Resources Director, an employee who is promoted prior to completing the initial probationary period may be entitled to all City benefits after completing six (6) months of service, subject to any restrictions set in any applicable collective bargaining agreement. F. A promoted employee who does not successfully complete the promotional probationary period may be returned to the original classification, at the pay of the original position, with no loss of seniority. If the original classification of the returned employee is occupied, the employee filling that classification may be returned to that employee's prior position. If the original classification of the returned employee is occupied by a new probationary employee, the new probationary employee may be offered any other vacant position for which the new probationary employee qualifies, or be terminated. The City, at its sole and exclusive discretion, may extend the promotional probationary period as necessary or as permitted by the applicable collective bargaining agreement. 0 A. A transfer is another with the the moving same of an employee from one pay grade, in the same position to or different department. B. The City Manager or designee may transfer an employee when the City Manager or designee deems the transfer to be in the City's best interest. C. An employee may submit a written request to the Human Resources Department for consideration for a transfer to a vacant position. The employee will be considered for the vacant position on the same basis as all other applicants for the vacant position. D. A transferred employee who has successfully completed a probationary period in the present job classification will not have another probationary period for the new position to which the employee was transferred. However, the employee will be evaluated after the third month of service in the new position to assess the employee's ability to successfully perform the duties of the position. E. If the supervisor determines the employee is not satisfactorily • performing the new job during the first six (6) months following a transfer, the employee may be transferred back to the original C-11tiOlarnarac Personnel Manual page 5 Personnel Manual Section 8 — Employment Status Revised 12102/04 Position with no loss of seniority or benefits, except as provided in the applicable collective bargaining agreement. If the original classification is occupied, the employee filling that classification may be returned to that employee's previous position. 8.09 DEMOTION A. A demotion is the assignment of an employee to a position in a lower classification at a lower pay grade, having a lower maximum salary, than the former position. B. The employee will receive at least a five (5) percent decrease in salary, subject to any applicable collective bargaining agreement. There are some situations in which it will be necessary to decrease an employee's salary by greater than five (5) percent in order to assure the employee's salary falls within the range of the pay grade of his/her position of employment or, if necessary, to reverse a promotional increase. C. An employee may submit a written request for a voluntary demotion to the Department Director or designee. The Department Director or designee will consult with the Human Resources Director upon receipt of a request for demotion. D. If it becomes necessary to recommend the demotion of an employee, the supervisor should make a recommendation to the Department Director in writing, identifying the reasons. The causes for demotion may include, but are not limited to, the following; the employee's inability to assume or properly perform the duties of the position; the removal of higher level duties and responsibilities; the reclassification of the position; the employee's violation of policies, procedures, or' regulations (please refer to Section 11.03(B)(4), Disciplinary Demotion); and/or the elimination of the position. Demotions may be initiated directly by the Department Director, or the City Manager or designee. E. The City Manager or designee will notify the employee of the recommendation, provide the employee with a written statement specifying the reasons for the recommended demotion, and notify the employee of the date and time of the predetermination hearing. The employee and/or the employee's representative may attend this hearing. The predetermination hearing is designed to provide the employee with an opportunity to respond to the recommended action. After the hearing, the City Manager or designee will make a determination based upon all available information. If the employee was not on probation for the position from which the employee has been involuntarily demoted, and the employee is i amarac rersonnel Manual Paue 6 Personnel Manual Section 8 — Employment Status Revised 12102/04 unsatisfied with the decision of the City Manager or designee, the employee has the right to appeal the decision in accordance with the grievance procedure as outlined in Section 12, Grievance Procedure, or through the grievance procedure set forth in the applicable collective bargaining agreement. F. A demoted employee will be required to perform the duties and responsibilities of the new position. G. After the third month of service in the new position, the demoted employee will be evaluated to assess his/her ability to successfully perform the duties of the position. H. If the supervisor determines that the employee is not satisfactorily performing the duties of the new position during the first three (3) months following a demotion, the employee may be terminated from employment. 8.10 REDUCTION IN WORKFORCE A. In the event it is necessary to reduce the City's workforce, layoff decisions will be based primarily on the following factors: job function, classification and performance. This does not preclude • the City from considering other factors, such as seniority, when making determinations about layoffs. In regard to bargaining unit employees, layoffs will be conducted in accordance with the applicable collective bargaining agreement. B. In the event of a layoff or the elimination of a position, the City will endeavor to find another position in the City for the employee in accordance with applicable bargaining agreements. C. Each employee will receive at least one month's notice of layoffs or one month of compensated time at the employee's regular rate of pay. b. Employees who are laid -off will retain recall rights for twelve (12) months, subject to any applicable collective bargaining agreement. E. An employee in layoff status may freeze pension benefits and maintain all City insurance benefits by remitting the full premium to the City on a monthly basis during the twelve (12) month recall period. F. Laid -off employees will be . recalled based on function and performance, or in accordance with any applicable collective Ci 6f Ta7mmt Personnel Manual Page 7 Personnel Manual Section 8 — Em to meet Status Revised 12/02104 bargaining agreement. G. An employee beingrecalled will be notified b certified y d mail (return receipt) and will have seven (7) working days from the date of receipt of the notice to respond affirmatively, subject to the applicable collective bargaining agreement. The City reserves the right to temporarily assign employees to cover the vacant position until the recalled employee reports to work. H. If the City does not receive an affirmative response within the time limit provided above, the employee will be removed from the recall list, and the City will have no further obligation to the employee. If the recall notice is returned and the employee has refused receipt or has not responded to requests from the Post Office to accept the receipted notice, the employee will be dropped from the recall list, and the City will have no further obligation to the employee. I. An individual will be considered a new hire with a new starting date if the individual returns to work after being laid -off for more than twelve (12) months. B.11 SEPARATIONS A. An employee may be terminated upon recommendation of the 09 Department Director and with final approval of the City Manager or designee, or upon the initiative of the City Manager or designee. B. A regular employee (other than a Department Director, Deputy or Assistant City Manager, Deputy or Assistant City Attorney or Public Information Officer) who is terminated involuntarily will be entitled to all the procedural rights outlined in Section 12, Grievance Procedure, except for employees covered by a grievance procedure in an applicable collective bargaining agreement. C. Department Directors, Deputy or Assistant City Managers, or Public Information Officer are not entitled to procedural rights under Section 12, Grievance Procedure. Upon separation of employees in these positions, the City Manager has the authority to retain an individual for a period of up to three (3) months to provide, or be available to provide, assistance to the City Manager and the City on a consulting basis. The City Manager has the sole and exclusive authority to offer, approve, disapprove, or terminate this engagement at any time; the employee has no right to appeal or grieve the City Manager's decision. • D. Deputy or Assistant City Attorneys are not entitled to procedural rights under Section 12, Grievance Procedures. Ci ,�'��1►f18rac Personnel Manual Pane 8 Personnel Manual Section 8 — Em Io ment Status Revised 12/02/04 E. Employees terminated for cause will not be considered for re- employment. F. An employee will submit a written notice of resignation at least two (2) weeks before the proposed date of separation in order to leave the City in good standing. The notice, which should be submitted to the Department Director, should include the date of separation and the reason for leaving. Department Directors should forward all notices of resignation to the Human Resources Department immediately upon receipt. When a Department Director resigns, the Director should submit notice to the City Manager at least four (4) weeks before the proposed date of separation. The failure of resigning employees to comply with this procedure may be cause for denying an employee future employment with the City. G. Terminated employees must turn in all uniforms, City ID cards, badges, keys, tools, equipment, pagers, cell phones, procurement cards, documents, records, or any other City property to their immediate supervisors. Any loans or wage advances owed to the City at the time of termination will immediately become due and payable in full. Final wages may be withheld pending the return of the City property as allowed by law. H. Terminating employees will be scheduled for an exit interview with the Human Resources Department or they may complete an Exit Interview Form on their own and return it to the Human Resources Department. Qualified employees, and any other qualified beneficiaries, may elect COBRA coverage, subject to its provisions, for their health insurance at the time of separation, if eligible. J. An individual will be considered a new hire with a new starting date, for purposes of seniority and benefits, if the individual is terminated or resigns at any time during the individual's employment and is subsequently re-employed. Please refer to Section 3.11, Rehiring Former Employees. 0 • d'ity of Tamarac Personne)'Manual .page 9 Personnel Manual Section 9 - Performance Evaluation Section 9. Performance Evaluation 9.01 USE AND PURPOSE Revised 12/02/04 The Performance Evaluation System is used by supervisors to assess the conduct and work performance of an employee. The performance evaluation serves to: A. Initiate and maintain a flow of valuable communication between employee and supervisor. B. Illustrate employee strengths and weaknesses. C. Provide information needed to devise methods for improving employee performance. D. Provide information used in developing an employee for more responsible positions in the organization, if available. E. Point out areas of performance where the employee needs improvement and/or special training. F. Provide information which may be used as a factor in determining 09 pay increases, promotions, transfers, demotions, assignments to work out of classification, progress during probationary period or other employment related purposes, including factors affecting continuing employment. G. Link individual employee performance evaluation objectives to the larger goals and objectives of the department and the City. Questions regarding the Performance Evaluation Form and the evaluation process may be directed to the supervisor, Department Director, or Human Resources Department. 9.02 EVALUATION A. Eligibility and Evaluation Period Subject to the applicable collective bargaining agreement: 1. Probationary employees (new hires) who serve a six (6) month probationary period shall be evaluated after the 0 second, fourth and sixth month of service. 2. Probationary employees (promotional) who serve a six (6) arac Iprs�ne1,IWarlulaC 1 Personnel Manual Section 9 - Performance Evaluation Revised 12/02/04 month promotional probationary period shall be evaluated after the third and sixth month of service in the new position. 3. Transferred employees shall be evaluated after the third and sixth month of service in the new position if the duties of the new position are ,substantially different than the employee has previously performed satisfactorily (as demonstrated by achievement of regular status in their previous position). 4. Demoted employees shall be evaluated after the third and sixth month of service in the new position if the duties of the new position are substantially different than the employee has previously performed satisfactorily (as demonstrated by achievement of regular status in their previous position). 5, Probationary firefighters (new hires) who serve a one (1) year probationary period shall be evaluated after the third, sixth, ninth and twelfth month of service. 6. Employees promoted within the Fire Department who serve a six (6) month probationary period shall be evaluated after the third and sixth month of service in the new position. 7. An employee's evaluation shall be on the anniversary of the employee's date of hire to a regular full-time or regular part- time position. The anniversary date for an employee who has been promoted, demoted, reclassified, or transferred to a different position shall be on the anniversary of the effective date of the promotion, demotion, reclassification, or transfer to the different position. 8. Upon attainment of regular status, employees shall be evaluated annually on their anniversary date, as defined above. 9. All evaluations will be completed in a timely manner, subject to the demands and needs of the departments. B. Completion of the Performance Evaluation Form 1. The Human Resources Department shall provide the appropriate forms to the departments before the end of the evaluation period. Annual Performance Evaluation Forms should be completed by the end of the month of the employee's anniversary date. 2. Performance Evaluation Forms should be prepared by the employee's immediate supervisor and the manager of the trl i` mara a>persgn.nel Manual,:,'Pa 62 Personnel Manual Section 9 - Performance Evaluation Revised 12/02/04 work unit prior to meeting with the employee. 3. Previous supervisors during the review period may be asked to submit additional performance evaluation information. 4. Once the Performance Evaluation Form is completed, it shall be signed by the immediate supervisor and the manager of the work unit. C. Review of the Performance Evaluation Form 1. In most cases, the reviewing authority of the Performance Evaluation Form is the Department Director or manager of the work unit. All official evaluations should be reviewed before the employee is given the completed evaluation form, except as noted in sub -section 2 below. 2. If the immediate supervisor is the Department Director, Deputy or. Assistant City Manager, Public Information Officer, Deputy or Assistant City Attorney, City Attorney or City Manager, no review of the performance evaluation is required. 3. All evaluation forms should be signed by the Department Director prior to sending the form to the Human Resources Department. , D. Performance Evaluation Meeting with Employee 1. Following the completion of the Performance Evaluation Form, the supervisor, and if appropriate the manager of the work unit, shall discuss the performance evaluation with the employee in a meeting scheduled for that purpose. 2. The discussion of the report is an important part of the performance evaluation. It provides an opportunity for a frank and constructive discussion of the employee's performance in relation to the requirements of the position. 3. It is the immediate supervisor's and/or manager's responsibility to clearly explain to the employee what was taken into consideration in making the evaluation. Specific examples of performance should be discussed in detail. The employee should be commended for work well done, and helped to understand in what specific ways he/she needs to improve. 4. The employee will be given an opportunity to include his/her arac'Person no Manual` 3. Personnel Manual Section 9 .-Performance Evaluation Revised 12/02/04 own comments. These comments may include; suggestions for improving his/her own performance, concurrence or is disagreement with the evaluation, or additional information the employee may wish to be included with the Performance Evaluation Form. 5. After the Performance Evaluation Form has been discussed with the employee, the employee will be requested to sign the evaluation. The employee's signature indicates only that the form has been reviewed and discussed; it does not necessarily signify agreement with the evaluation. If the employee refuses to sign the form, the immediate supervisor or manager shall,so indicate on the form. 6. The Performance Evaluation Form, and the written comments of the employee, should be copied and distributed as follows: One copy is given to the employee during the review conference; e One copy is retained by the Department; and The signed original shall be sent to the Human Resources Department to be retained in the employee's personnel file. E. Performance -Based Pay Regular non -bargaining employees are covered by the performance -based pay system, as approved by the City Commission, The City Commission may amend, abolish, rescind, replace, or in any other way change this Program at any time. The current performance -based pay system is included in the Manual as Appendix A. 2. if the Department Director is recommending a pay increase in accordance with the performance -based pay program, a Change of Status Form shall accompany the signed Performance Evaluation Form, The City Manager or designee must approve any recommended pay increases. F. Performance Improvement Plan 1. A Department Director or manager may evaluate an . employee at any time other than the annual evaluation date to indicate to the employee that improvement is needed in III O at041rgc ,Personnel Manua)! Page 4 Personnel Manual Section 9 - Performance Evaluation Revised 12/02/04 the performance of his/her duties, to indicate progress has been made on established goals, or for any other employment related purpose, including factors affecting continuing employment. 2. This evaluation may be done by the use of a Performance Improvement Plan and should clearly and specifically identify the performance deficiencies, performance goals and tasks necessary to achieve the performance goals. The Performance Improvement Plan shall be placed in the employee's personnel file. 3. The Performance Improvement Plan form shall be provided to the department by the Human Resources Department, upon the request of the Department Director, 4. Performance Improvement Plans should be prepared by the employee's immediate supervisor and the manager of the work unit. Following the completion of the Performance Improvement Plan, the supervisor and the manager of the work unit, shall discuss the Performance Improvement Plan with the employee in a meeting scheduled for that purpose. 5. A Performance Improvement Plan shall be for a specific review period, not exceed ninety (90) days, during which, the employee's performance is closely monitored and documented and periodic feedback is provided to the employee. 6. Prior to the end of the Performance Improvement review period, the supervisor and the manager of the work unit shall prepare an interim Performance Evaluation, reflecting the overall performance of the employee. The reviewing authority of the Performance Evaluation Form is the Department Director, who should sign the evaluation prior to sending the form to the Human Resources Department. LJ Personnel Manual Section 10 - Standards of Conduct Revised 12/02/04 • LJ • Section 10. Standards of Conduct 10.01 CODE OF ETHICS The public must have confidence in the integrity of its government. The City of Tamarac is committed to the proper operation of government, which requires the following; the actions of public officials and employees be impartial; governmental decisions and policy be made within the proper channels of the governmental structure; and public office not be used for personal gain. Recognition of these goals establishes a Code of Ethics for all officials and employees appointed and employed by the City of Tamarac. Violations of this Code of Ethics may result in disciplinary action, up to and including discharge from employment. Ethics violations are also subject to penalties under the applicable Florida Statutes, including Chapter 112, and the City of Tamarac Code Chapter 2, Article 5, as amended. A. No employee shall use his/her official position for personal gain, nor shall engage in any business or transaction, nor shall have financial or other interest, direct or indirect, which is in conflict with the proper discharge of his/her official duties. B. No employee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City.. No employee shall use his/her position of employment, or information that he/she obtains in the course of City business, to advance the financial or other private interests of him/herself, a member of his/her immediate family or business, or anyone else with whom the employee is associated. C. No individual employee shall receive, directly or indirectly, any compensation, reward or gift of even nominal value from any source except compensation for any service, advice, assistance, or other matter related to the governmental processes of the City. D. No City employee shall have any financial interests in the profits of any contract, service or other work performed by the City; nor shall he/she personally profit directly or indirectly from any contract, purchase, sale or service between the City and any person or company. E. No City employee shall represent private interests against the interest of the City in any action or proceedings in which the City is party. 1 ` 41f Tamarac Personnel Manual Pe e 1 rI 0- 0 Personnel Manual Section 10 - Standards of Conduct Revised 12/02/04 • • F. No employee shall engage in or accept private employment, or render services for private interests, when such employment or service is incompatible with the proper discharge of his/her official duties or would impair his/her independent judgment or action in the performance of his/her official duties. Please refer to Section 10.05, Outside Employment, G. Any employee having any doubt as to the applicability of a provision of this Code of Ethics to a particular situation should consult with his/her Department Director. 10.02 WORK HOURS City employees may not engage in personal business, or any other business, during work hours which adversely affects the performance of their job responsibilities or in any other way interferes with, or negatively impacts, the business of the City. 10.03 CITY PROPERTY of ,Tamarac A. Every employee of the City is responsible for certain City property and its proper use. City property is for the use of the employee in the performance of job duties only, and remains the property of the City regardless of its location. 6. City property is defined as, but not limited to, the following: information; software; electronic media; rolling stock; tools; publications; audio visual equipment; computers; communications equipment; office supplies and equipment; uniforms; personal protective equipment; keys; ID badges, furniture; vehicles; plumbing and electrical equipment; building, construction and utility supplies, and any other property purchased, leased or acquired by the City. C. On occasion the City will send an employee to a work -related seminar or class. Any materials, books, or other learning aids received during the seminar or class are the property of the City. D. Upon termination of City employment, the employee shall return all City property to the Department Director or designee, The employee will receive his/her final paycheck after the full return of City property, or the accounting of City property (acceptable to the City), as allowable under state and federal law. Pao* 2 Personnel Manual Section 1 - Standards of Conduct Revised 12/02104 10.04 POLITICAL ACTIVITY A. No City employee shall take part in the campaign or candidacy of any person who is a candidate for elected office, including the solicitation or contribution of time, money or anything of value to the campaign of any candidate, while on duty or while wearing a City uniform. B. Employees are prohibited from participating in any activities, while on duty or while wearing a City uniform, which supports or opposes a political candidate. C. No City employee, while off duty, shall use any City resources to assist in the political activities of a candidate for elected office, unless such resources are available to the public. D. Violation of this policy constitutes cause for disciplinary action, up to and including discharge. 10.05 OUTSIDE EMPLOYMENT A. Employees are encouraged to notify the City of their involvement in any outside employment to ensure that it does not violate the City Code of Ethics. An Outside Employment Form is completed by the employee and submitted to the Department Director. A copy of the form will be forwarded to the Human Resources Department and placed in the employee's personnel file. The following information shall be included on the form: the name of the employer or if self- employed; the location of employment; and the type of employment. B. The Department Director will review the Outside Employment Form to determine if such activity interferes with the proper performance of the employee's City job responsibilities. The following questions will be carefully considered when making a determination about whether or not the outside employment is in violation of Section 10.01, Code of Ethics: Does the outside employment have an adverse effect on the public's confidence in the City government? 2. Could the employment result in a conflict of interest? 3. Does the outside employment have a detrimental effect on 40 the City's interests? C, 10I Tamarac POionOol Manual Page e 3 Personnel Manual Section 10 - Standards of Conduct Revised 12/02/04 C. If it is determined that the outside employment interferes in any way with the proper performance of the employee's official duties, or there exists a conflict of interest, or there is the potential for a conflict of interest, the City will inform the employee that his or her involvement with the outside employment fails to meet and/or is in violation of the requirements of the City's Code of Ethics, Section 10.01 of the Personnel Manual, D. Violating the City's Code of Ethics may result in disciplinary action, up to and including termination. 10.06 NEPOTISM A. Definition of Relative For the purposes of this policy, "Relative" means an individual who is related to a City official or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in- law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. B. Employment of Relatives 1. The employment of relatives of current emp loyees, whether full-time or part-time, is discouraged and shall be maintained at a minimum. 2. If the marriage of two (2) individuals results in one (1) employee supervising their relative, or being in a position which substantially and directly influences the employment conditions of their relative, then every effort will be made to transfer one (1) of the employees to a position where this situation does not occur. In the event that a transfer is not possible, or if a transfer is not accepted, and if neither employee will resign, the City shall terminate one of the employees. It shall be within the sole and exclusive discretion of the City to determine which employee shall be terminated. C. General 1. In accordance with Florida Statute 112.3135, no officer or employee may appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement of any relative to any office or employment in the City service, or increase the compensation of such C di ''Personn�t.Nranuial ' . 4 Personnel Manual Section 10 - Standards of Conduct Revised 12102/04 relative. Such appointment, employment, promotion, advancement or increase in compensation shall be null and • 40 void. Any willful violation of this policy shall constitute a cause for dismissal or removal of the officer or employee ordering and/or advocating such appointment, employment, promotion, or increase in compensation.. 2. In no event shall any person be hired, promoted, demoted, or transferred into a position where their conditions of employment are substantially and/or directly influenced by a relative. 3. This policy also prohibits situations where a person has the authority to remove, discipline, evaluate, or audit the performance and/or work of a relative, 10.07 DRESS AND APPEARANCE A. While at work, employees must dress appropriately for the work which they perform. Employees required to wear uniforms shall wear uniforms only during their work hours, except when traveling to and from work or as otherwise directed by their Department Director. B. It is the responsibility of the Department Director or his/her designee to establish appropriate dress standards and to ensure that their workforce maintains an appearance appropriate to the tasks that they are assigned. 10.08 SOLICITATION AND DISTRIBUTION A. No employee shall be required to contribute to charitable organizations. All such contributions are voluntary. B. The City only endorses and supports annual fundraising activities for the Broward County United Way. The United Way is an umbrella organization for a number of different charitable causes. The annual Broward County United Way Campaign does involve presentations and solicitations during work hours. The Campaign solicits employee participation through a payroll deduction program that involves the City's payroll system. Unauthorized distribution of literature, or the collection of money or pledges, for other charitable or non-profit organizations during work hours is prohibited. 11 11 Clivgqaip2iric Personnel Manual Pe e 5 Personnel Manual Section 10 - Standards of Conduct Revised 12/02/04 10.09 E-MAIL AND INTERNET The City provides access to, and the use of, Internet services and E-mail for the purpose of furthering the goals and objectives of the City. These electronic resources and tools have been made available to assist employees in accomplishing their job responsibilities in an effective and efficient manner. Please refer to the Electronic Mail Administrative Policy and the Internet Administrative Policy. These policies are included in the Manual as Appendices K and L. 10.10 PENALTY FOR VIOLATIONS Violating the City's Standards of Conduct may result in disciplinary action, up to and including discharge. Page 6 Personnel Manual Section 11 — Disciplinary Actions Revised 12/02/04 Section 11. Disciplinary Actions 11.01 Employee Discipline — General Overview A. The City Manager or designee may at any time suspend, demote, transfer, terminate, or take other job actions against any employee for any cause which is detrimental to the good order, discipline, and efficiency of City service. B. The City Manager or designee may suspend an employee with pay for any of the following reasons: pending an investigation; in extraordinary circumstances, such as if retaining the employee would result in damage to City property, or be detrimental to the interest of the department or City government, or could result in injury to the employee, a fellow employee, or the general public; or any other reason in the-City's interest. 11.02 Employee Discipline — At Will Employees A. Probationary and temporary employees, Department Directors, Deputy Assistant Managers, Assistant City Managers, and Public Information Officers serve the City Manager or his/her designee at will and may be terminated at any time with or without a stated reason, for cause or for no cause. Accordingly, these employees have no right to a predetermination hearing or to grieve any disciplinary decisions. 11.03 Employee Discipline -- All Employees Except At Will Employees A. As appropriate, the City utilizes progressive discipline, which generally begins with less severe action and progresses to more severe action. This in no way limits the City from taking more severe disciplinary actions as necessary, up to and including termination. B. The City provides the following general disciplinary action guidelines that allow flexibility based on the specific circumstances, while helping ensure fair and consistent treatment among similarly situated employees. The nature, seriousness, and severity of the offense will be considered, along with the employee's prior work performance and disciplinary history, when determining the appropriate discipline. Any or all of the following guidelines may or 19 may not be used as warranted by the specific offense and the employee's previous record. 0 C1 W, Tarnara���Perso`nnel ,Mariva1 ` . Pa e 1 Personnel Manual Section 11 — Disciplinary Actions Revised 12/02/04 1. Verbal Warning In performing normal supervisory duties, a supervisor may find it necessary to verbally warn an employee in order to address and correct problem behavior or performance. This may be done at that supervisor's discretion. When the supervisor believes that a verbal warning is necessary, the supervisor may have a discussion or meet with the employee. During this discussion, the supervisor should explain the problem behavior or performance, how it negatively affects the City, expectations for change, and possible future disciplinary action if it is not corrected. The supervisor should keep a written record of the verbal warning. As appropriate, the supervisor may fallow up with the employee to let the employee know whether or not the expectations are being met. A verbal warning may be used as appropriate, unless the nature, seriousness, or severity of an employee's behavior, performance, or violation warrants a more severe response or action. 2. Written Reprimand When the supervisor believes that a written reprimand is necessary because an offense is repeated and/or because of the nature, seriousness, or severity of an employee's behavior or performance, the supervisor should make a written record of the incident. The written record should include the date and nature of the incident. The supervisor should have a meeting with the employee. During the discussion, the supervisor should explain the problem behavior, performance, or violation, how it negatively affects the City, expectations for change, and possible future disciplinary action if the issue(s) are not corrected. Both the supervisor and employee should sign the written record, acknowledging the reprimand. The employee's signature indicates only that the reprimand was received and discussed, not that the employee agrees with the reprimand. If the employee refuses to sign the written reprimand, the supervisor will indicate that on the form. aGf °` lnarr� ortn�� Manual Page 2 Personnel Manual Section 11 — Disci ling Actions Revised 12/02/04 The written reprimand will be sent to the Human Resources Department and placed in the employee's personnel file. The employee will also receive a copy of the reprimand. As appropriate, the supervisor may follow up with the employee to let the employee know whether or not the expectations are being met. A written reprimand may be used as appropriate, unless the nature, seriousness, or severity of an employee's behavior, performance, or violation warrants a more severe response or action. 3. Suspension without Pay The Department Director may recommend to the City Manager or designee that an employee be suspended without pay. The City Manager or designee may suspend an employee without pay for cause or when the City Manager or designee believes that a suspension without pay is necessary because an offense is repeated and/or because of the nature, seriousness, or severity of an employee's behavior, performance, or violation. The City Manager or designee will notify the employee of the recommendation, provide the employee with a written document specifying the reasons for the recommended suspension without pay, and notify the employee of the date and time of the predetermination hearing. An employee under notice of suspension without pay will be considered in pay status until the suspension, if imposed, becomes effective. The employee shall not be considered in pay status during the period of suspension without pay. The employee and/or the employee's representative may attend the predetermination hearing. The hearing is designed to provide the employee with an opportunity to respond to the recommended action. After the hearing, the City Manager or designee will make a determination based upon all available information. If the employee is unsatisfied with the decision of the City Manager or designee, the employee has the right to appeal the decision in accordance with the grievance procedure as provided in Section 12, Grievance Procedure, or in the case of a bargaining unit employee through the grievance procedure set forth in the applicable collective bargaining agreement. CI #atn so net.Manual' Pa e 3 Personnel Manual Section 11 -- Disciplinn Actions Revised 12/02104 The City Manager or designee may immediately suspend an employee without pay in extraordinary circumstances, such as if retaining the employee would result in damage to City property, or be detrimental to the interest of the department or City government, or could result in injury to the employee, a fellow employee, or the general public. In such cases, the employee will be furnished with a written notice with the specific reasons for suspension without pay as soon as reasonably possible. The employee will have the right to a hearing. Exempt and non-exempt employees may be suspended without pay for any appropriate period of time. If the employee contributes to any insurance or other type of benefit, the employee must continue to make those payments while suspended without pay. in order to retain those benefits during the suspension. The City must receive these payments in accordance with the time period designated between the City and the employee suspended without pay. If the payment is more than thirty (30) days late, the City may discontinue coverage for the duration of the suspension without pay. City benefits that operate on an accrual basis (e.g., vacation, sick, and other leave benefits) will cease to accrue during a suspension without pay in excess of thirty (30) days. Seniority will accumulate for suspensions without pay of thirty (30) calendar days or less. It will not accumulate for suspensions without pay exceeding thirty (30) calendar days. A suspension without pay may be used as appropriate, unless the nature, seriousness, or severity of an employee's behavior, performance, or violation warrants a more severe response or action. 4. Disciplinary Demotion The Department Director may recommend to the City Manager or designee that an employee be demoted. The City Manager or designee may demote an employee for cause or when the City Manager or designee believes that a demotion is necessary because of the nature, seriousness, or severity of the employee's behavior, performance, or violation. Von iPerson e1IAainual Page 4 Personnel Manual Section 11 — Disciplinary Actions Revised 12/02/04 The City Manager or designee will notify the employee of the recommendation, provide the employee with a written document specifying the reasons for the recommended demotion, and notify the employee of the date and time of the predetermination hearing. The employee and/or the employee's representative may attend the predetermination hearing. The hearing is designed to provide the employee with an opportunity to respond to the recommended action. After the hearing, the City Manager or designee will make a determination based upon all available information. If the employee is unsatisfied with the decision of the City Manager or designee, the employee has the right to appeal the decision in accordance with the grievance procedure as provided in Section 12, Grievance Procedure, or in the case of a bargaining unit employee through the grievance procedure set forth in the applicable collective bargaining agreement. An employee under notice of demotion will be considered to be in their current position until the demotion becomes effective. A demotion may be used as appropriate, unless the nature, seriousness, or severity of an employee's behavior, performance, or violation warrants a more severe response or action. 5. Termination The Department Director may recommend to the City Manager or designee that an employee be terminated. The City Manager or designee may terminate an employee at any time for cause or when the City Manager or designee believes that termination is necessary because an offense is repeated and/or because of the nature, seriousness, or severity of an employee's behavior, performance, or violation. The City Manager or designee will notify the employee of the recommendation, provide the employee with a written document specifying the reasons for the recommended termination, and notify the employee of the date and time of the predetermination hearing. The employee and/or the employee's representative may attend the predetermination hearing. The hearing is designed to provide the , employee with an opportunity to C1tV of Tamarac Personnel Manuel Page 6 Personnel Manual Section 11 — Disciplinary Actions Revised 12/02/04 respond to the recommended action. After the hearing, the City Manager or designee will make a determination based upon all available information. If the employee is unsatisfied with the decision of the City Manager or designee, the employee has the right to appeal the decision in accordance with the grievance procedure as provided in Section 12, Grievance Procedure, or in the case of a bargaining unit employee through the grievance procedure set forth in the applicable collective bargaining agreement. Except for employees on suspension without pay, an employee under notice of termination will be considered in pay status until the termination becomes effective. 11.04 Examples of Reasons for Termination A. The City Manager or designee may at any time take disciplinary action, up to and including termination, against a City employee for any cause which in his/her opinion is detrimental to the good order, discipline and efficiency of City service. B. A single behavior, performance, or act may be cause for termination, depending upon the nature, seriousness, and severity of the employee's behavior, performance, violation and/or the employee's prior work performance and disciplinary history. An accumulation or pattern of less serious offenses, whether related or unrelated to each other, may also be cause for disciplinary action, up to and including termination. Although a termination may be based upon many other causes, any one or more of the following are sufficient reasons for termination (the following is not meant to be a complete list of all offenses which could result in termination): Incompetence or inefficiency in the performance of duties, or inability to perform the duties of the position; 2. Theft; 3. Conviction of a felony or misdemeanor which undermines the public trust in the employee's ability to perform the duties of the job, reflects unfavorably on the City as an employer, or impairs the employee's ability to perform the duties of his or her position in an effective manner; 4. Charged by formal complaint with a job -related felony, or a crime that is of such a nature that to continue the employee in the assigned position could constitute a danger to the �Wmarac Personnel Manual Page 6 Personnel Manual Section 11 Disciplinary Actions Revised 12/02/04 public or to other City employees, or a crime which undermines the public trust in the employee's ability to perform the job, wherein the known facts are supportive of a gross violation of policy and work rule regardless of the final disposition of the charge; 5. Attempt to induce any employee of the City to commit an act in violation of any lawful and reasonable regulation; 6. Insubordination; 7. Conduct, either on duty or off duty, including conduct unbecoming, dishonesty, or similar improper conduct, which impairs the employee's ability to perform his or her duties in an effective manner, undermines the public trust in the employee's ability to perform the duties of the job, or reflects unfavorably on the City as an employer; 8. Assault on a citizen, customer, supervisor, or fellow employee; 9. Offensive conduct or language toward a member of the • public, supervisor, or fellow employee; 10. Threats made to a citizen, customer, supervisor, or fellow employee; 11. Knowingly entering, causing or making false reports; 12. Falsification of a time card, payroll records, employment application, and/or other City records in any format (including but not limited to paper, computer, and tape); 13. Making false or misleading statements in connection with the employee's activity as a City employee or with City business; 14. Willful violation of any lawful and reasonable regulation, or direction made or given by a superior official; 15. Deliberately misusing, damaging, or, destroying any City property or the property of an employee; 16. Carelessness or negligence in the use of the property of the City; 17. Unauthorized or inappropriate removal of City property from its normal location or use, or unauthorized use of City property; C `qf Tamarao Personnel Manual' T _ Page 7 Personnel Manual Section 11 — Disciplinary Actions Revised 12102/04 M �1 • • 18. Gross negligence; 19. Violation of the City Charter and/or any of the City's policies and procedures, including but not limited to, the Drug and Alcohol Free Work Place Policy, the Alcohol and Drug Policy for Employees who Operate Commercial Motor Vehicles, Alcohol and Drug Policy for Employees Performing City Mass Transit Functions, the Equal Employment Opportunity and Prohibited Discrimination Policy, and the City's Safety Mules; 20. Violation of departmental rules, policies and procedures; 21. Hindering the regular operation of the department or division because of excessive absenteeism or tardiness; 22, Being absent without leave or failing to report to work after a leave of absence has ended; or 23. Directing or participating in an illegal strike, slow down, or other work stoppage. C. A regular employee, other than a Department Director, Deputy or Assistant City Manager, Deputy or Assistant City Attorney or Public Information Officer, who is terminated involuntarily has the right to appeal the decision in accordance with the grievance procedure as provided in Section 12, Grievance Procedure, or in the case of a bargaining unit employee_ through the grievance procedure set forth in the applicable collective bargaining agreement. D. Employees terminated for cause are eligible only for wages and accrued benefits. due them at the time of termination and are not eligible for re-employment. of`Tamarac Personnel Manual Page 8 Personnel Manual Section 1127 Grievance Procedure Revised 12/02/04 • • Section 12. Grievance Procedure 12.01 GENERAL PROVISIONS A. A grievance is a complaint that an employee was treated in a manner contrary to the provisions of this manual. It is the intent of the City to address grievances promptly and fairly. B. A regular City employee, other than a Department Director, Deputy or Assistant City Manager, Deputy or Assistant City Attorney, or Public Information Officer, who is not covered by a collective bargaining agreement, and who has successfully completed his/her probationary period, may follow the City's established grievance procedure to resolve a complaint as outlined below, if the complaint cannot be resolved by informal discussion between the parties. C. Employees in the above identified positions, employees covered by a collective bargaining agreement, temporary employees, and probationary employees may not utilize this grievance procedure. D. Employees covered by a collective bargaining agreement shall utilize the grievance procedures provided in the applicable collective bargaining agreement. 12.02 ADMINISTRATIVE GUIDELINES A. In the interest of prompt resolution of employee complaints, the action at each step of the grievance procedure shall be taken as rapidly as possible, but no later than the prescribed time limit_ A time limit may be extended by mutual consent of the parties at that step. B. An employee covered by this Section may withdraw a grievance at any point by submitting, in writing, a statement to that effect, or by permitting the time requirements to lapse. C. A grievance not advanced by the employee to the next higher step, within the time limits provided, shall be deemed permanently withdrawn. The grievance will be considered settled on the basis of the City's most recent response. D. If the City fails to respond to a grievance within the prescribed time limit, unless the time limit has been extended by mutual consent, the grievance shall automatically advance to the next step. Paae 1 • • Personnel Manual Section 12 - Grievance Procedure Revised 12/02/04 E. Grievance issues, which have not been raised at Step 1, may not be raised at Steps 2, 3, or in the appeal to the City Manager. F. A grievance must be submitted in writing and identifying the specific section of the manual that the employee claims has been violated. G. An employee, if he or she wishes, may have a representative attend grievance meetings and hearings. 12.03 PROCEDURE A. A regular employee who has a supervisor other than a Department Director shall follow the procedures outlined below. 1. Step 1 -- Immediate Supervisor • The employee shall submit the written grievance to his/her immediate supervisor within seven (7) working days of the occurrence which gave rise to the grievance. + The supervisor shall attempt to resolve the matter and/or respond in writing to the employee within a reasonable time, depending on the circumstances involved, not to exceed seven (7) working days of receipt of the written grievance. 2. Step 2 -- Department Director • If the grievance has not been satisfactorily resolved, the employee shall submit the grievance in writing to the Department Director within seven (7) working days of receipt of the response from the supervisor. + The Department Director shall arrange a meeting to discuss the grievance within seven (7) working days of receipt of the grievance, and shall respond in writing within a reasonable time, not to exceed seven (7) working days after the meeting. 3. Step 3 -- City Manager or Designee • If the grievance has not been satisfactorily resolved, the employee shall submit the grievance in writing to the City Manager or designee within seven (7) working days of receipt of the decision of the Department Director. T far Personnel Manual e2 Personnel Manual Section 12 - Grievance Procedure Revised 12IO2/04 • The City Manager or his/her designee shall conduct a hearing within a reasonable time, not to exceed ten (10) working days from receipt of the grievance, and shall render a written decision within ten (10) working days after the hearing. L' • • Step 3 shall be the final step in the grievance process, except for grievances involving the loss of pay. B. The grievance of a regular employee whose supervisor is the Department Director shall be processed in accordance with the procedures in Steps 2 and 3 above. 12.04 APPEAL TO THE CITY MANAGER — DEMOTION, SUSPENSION WITHOUT PAY AND TERMINATION A. A regular employee (other than a Department Director, Deputy or Assistant City Manager, Deputy or Assistant City Attorney, Public Information Officer, a member of a collective bargaining unit, a temporary or probationary employee) who has been demoted, suspended without pay, or terminated, may appeal the action within seven (7) working days of the City Manager's designee's decision. The City Manager shall conduct a hearing within a reasonable time frame, not to exceed ten (10) working days from receipt of the appeal. The City Manager shall render a decision in writing within ten (10) working days after the hearing. The City Manager's decision is final and binding. The City Manager at his/her sole discretion may designate the Deputy or Assistant City Manager or other specific designee to carry out all of the requirements of this section on his/her behalf. q of Tamarac Personnel Manual Page 3 • • Personnel Manual Section 13 - Miscellaneous Revised 12/02/04 i Section 13. Miscellaneous 13.01 PERSONNEL FILES A. The Human Resources Department is responsible for establishing and maintaining the personnel records of employees in the City. These records shall be the official personnel records on all employees. B. Personnel files are public records and are available for review in accordance with Florida State Statutes, Chapter 119. Items which have been identified as exempt, Statute 119.07, will be protected from public disclosure. C. The Human Resources Department shall be responsible for handling, requests for information about current, retired, or terminated employees. D. An employee may request to review his/her personnel file at any time mutually agreeable for the employee and the Human Resources Department staff. Neither the file nor its contents may be removed from the Human Resources Department office. An employee may request copies of documents from his/her personnel file. Copies shall be furnished, when appropriate in accordance with Florida State Statutes, at the City's established rate for copies of documents. E. An employee may submit his/her rebuttal to any document in his/her file, and it will be placed in the employee's personnel file along with the original disputed document. A copy of the rebuttal will also be sent to the department in which the employee works. F. The City shall maintain personnel files and shall determine the final disposition of personnel tiles in accordance with retention and disposition requirements of the Florida State Statutes. G. Medical information shall be held confidential and is exempt from Public disclosure, pursuant to Florida Statutes 119,07. 'marac >p!esonn+al Manuat Pa e 1 Personnel Manual Performance -Based Pay System Revised 12/02/04 PERFORMANCE -BASED PAY SYSTEM A. PURPOSE: To establish a performance -based pay system to attract and retain a competent and well -trained workforce to provide excellent services to the citizens of Tamarac. B. POLICY: This pay system provides for regular pay adjustments linked to the comprehensive performance evaluation, subject to the review and approval of the City Manager. Any related performance -based pay increases will be provided for non -bargaining (including executive, managerial/professional and administrative) regular full-time or part-time employees with at least one year of service. Performance -based increases to base pay are recommended to range from 0% to 5%. An optional additional lump sum performance reward of up to an additional 2.5% of pay may also be approved for significant and extraordinary contributions. The performance -based pay system is based on the employee's annual performance evaluation. The performance evaluation document (currently the Archer Performance Appraisal System, or as modified, improved or replaced) will be the foundation of the performance -based pay system, and may be supplemented by additional information describing the employee's performance and accomplishments. The Department Director may recommend a pay adjustment based on the performance evaluation, supplemented by any additional documentation as noted above, within the adjustment range shown below: Level General Definition Adiustment Ran e Performance Exceeds Superior performance; most work is 5% Requirements characterized by unusual accom- (3.6 or above) plishments; significantly and consistently performs at a level above that expected. Performance Meets Meets major requirements; is consistently 3% - 4% Requirements effective and competent; achieves results (Between 2.75 - 3.59) expected. Performance Below Needs improvement to meet major require- 001b - 2016 Requirements Needs ments; work is fairly acceptable in some Improvement respects but does not meet expectations. (Below 2.75) • C*VtAmarac'Personnol Manual page 1 Personnel Manual Performance -Based Pay System Revised 12/02/04 Non -bargaining employees whose performance not only exceeds requirements, but who have made significant and extraordinary contributions in the prior year may receive, upon recommendation by their Department Director and approval by the City Manager, a lump sum performance reward of up to 2.5% of their pay and a certificate or letter of commendation to recognize and reward their significant and extraordinary achievements, The Department Director must provide detailed documentation specifically describing the employee's extraordinary and outstanding achievements, and award of the lump sum performance reward must be approved in advance by the City Manager. The lump sum performance reward provides an additional incentive that is not added to base pay. Therefore, in order to get a lump sum performance reward again, the employee must make significant and extraordinary contributions in addition to exceeding requirements and expectations in their annual performance evaluation in future years. This evaluation and pay system allows the City to compensate its top performers with a pay increase that is greater than the equivalent of a cost -of -living adjustment, and provides the equivalent of an across -the board adjustment to employees whose performance meets expectations and requirements. Employees whose performance exceeds requirements may receive a higher pay increase of 5%, with the opportunity to also receive a lump sum to reward superior performance. This performance -based pay system provides an 09 incentive for employees to improve and maintain a high level of performance in order to receive pay increases. The performance based. pay system also serves as an incentive system for employees whose performance is below expectations since only nominal pay increases, if any, are provided if the employee's performance needs improvement. Employees whose performance is below expectations shall be re- evaluated after three months to determine if their performance has improved, and could be eligible for an adjustment to their pay if their performance meets expectations upon re-evaluation. Any incremental pay increase resulting from a performance re-evaluation would be effective on the date of the re-evaluation in which the employee achieved satisfactory performance, with no change in the employee's original anniversary date. Q# "inrac Personnel`Manual Page 2 0 City of Tamarac Employee Education Assistance • Program Training for Tomorrow Today! C7 • I. ur ose: To establish guidelines and procedures for the implementation and administration of the City's Education Assistance Program. Through the provision of limited financial assistance, it is the City's intent to encourage and support the continued professional development of its employees. The program has been designed to assist employees in achieving educational goals that are beneficial to the City, as well as the individual employee. Furthermore, the benefits provided through the Education Assistance Program will support the City's continued efforts to attract and retain the most qualified employees. II. Policy: A. Eligibility 1. All "full-time/regular" general employees who have successfully completed their probationary period are eligible for participation in the City's Education Assistance Program. Firefighters covered under Article 25, Education, in the collective bargaining agreement between the City and IAFF shall not be eligible for this program. 2. The employee must take the course(s) during non-scheduled work hours. An employee's work schedule will not be reduced as a result of taking educational or training courses approved under this policy. 3. Course projects and assignments must be completed during non-scheduled work hours. 4. Employees currently receiving tuition reimbursement from another funding source, such as scholarships or Federal/State grants, are not eligible to receive educational assistance from the City. 2 B. Covered Courses and Pro rams • • g The Education Assistance Program pertains to training and educational courses taken voluntarily by the employee. Courses or training that the employee is required to attend by the City will not be funded through this program. This program is not meant to apply to, or replace existing funding mechanisms for, those departmental certifications and trainings that are already being subsidized by the City. 2. Reimbursement for educational expenses will be considered for courses taken at accredited educational institutions, such as public or private colleges, community colleges, universities, graduate schools, trade/vocational schools, or professional institutions. 3. An eligible training or educational course is one that, in the judgment of the Department Director and the City Manager or designee, either directly relates to the employee's current position, or a similar City position, or to a higher level position within the City to which the employee could reasonably aspire through promotion. 4. Courses that are not directly related to an employee's current position but are a requirement of a degree program, including an Associate's Degree, Bachelor's Degree, Master's Degree or Doctoral Degree Program, may be eligible for reimbursement if the degree being sought relates to employment with the City as defined in Section B3. C. Application Process An eligible employee who wishes to participate in the Education Assistance Program will need to complete a Course/Program Pre -Approval Form. The employee must attach a copy of the course description(s), as well as a brief statement indicating how the educational or training course(s) relates to their employment with the City. The employee's statement should also address how the course(s) will positively impact their job performance. 2. It is the employee's responsibility to submit the completed form and the required attachments to their immediate supervisor, for the Department Director's approval, at least thirty (30) days prior to the start of the course but no more than ninety (90) days before the start of the course. 3. If the employee fails to provide all of the required information to their immediate supervisor by the above referenced deadline, education assistance for the course or training may be denied. 4. The Department Director will review the request for education assistance and indicate their approval or denial on the Pre - Approval Form. The Director's decision to approve or disapprove the course/training will be based on the program's eligibility criteria, as well as the availability of funds. 5. If the Department Director approves education assistance for the requested course(s) or training program(s), the Pre - Approval Form and attachments will be forwarded to the City Manager or designee for final approval or denial. B. The employee will be notified of all approved and denied 09 courses/training programs prior to the course start date. D. Funding Each fiscal year, the City will allocate a set funding amount for the Education Assistance Program. 2. Employee requests, which meet all of the eligibility criteria of the program, will be approved on a first -come -- first -served basis according to the availability of funds. 3. Funds remaining at the end of the fiscal year will not be carried forward to the next fiscal year. E. Reimbursement Process/Covered Costs For undergraduate courses, the City will reimburse up to a maximum of twenty-one (21) credit hours per eligible employee, not to exceed $1,600, per fiscal year. 2. For graduate courses, the City will reimburse up to a maximum of twenty-one (21) credit hours per eligible employee, not to exceed $3,100, per fiscal year. 4 • . 3, Tuition for approved training programs and/or professional certifications will be reimbursed up to a maximum of $1,000 per eligible employee, per fiscal year. 0 4. An employee will only be able to receive the maximum reimbursable amount from one (1) of the above three (3) categories each fiscal year. For example, an employee cannot receive $1,600 in reimbursement for undergraduate course work and at the same time receive an additional $1,000 reimbursement for training programs in any one (1) fiscal year. The employee has the choice of doing one or the other; but not both. 5. The employee can apply the education assistance benefits towards the cost of the course(s), the registration fee and the charge for semester hours. The City shall not pay for textbooks, late registration charges, miscellaneous supplies, travel time or expenses, the cost of transcripts or other expenses, unless such costs are included in the tuition fees for an accelerated undergraduate or graduate degree program. 6. If an employee fails to attain a grade of "C" or better for undergraduate and graduate courses, a grade of "pass" in a pass/fail course, or a certificate of course completion in a certification program, the City will not be responsible for the tuition reimbursement. 7. If an employee fails to successfully complete the course, withdraws from the course, or fails to submit the required documentation within the timeframe stated below, the City will not be responsible for the tuition reimbursement. S. To receive the tuition reimbursement payment for the approved course/training the employee must submit an itemized receipt of the tuition costs, along with evidence of the satisfactory completion of the course/training, to the City within sixty (60) days of completing the course. 9. All tuition reimbursements an employee receives from the City will be subject to taxation per applicable laws. 5 • 0 F. Termination Through the provision of education assistance, the City is making an investment in its employees. Therefore, if an employee resigns from the City within two (2) years of receiving tuition reimbursement, the employee is responsible for repaying the cost of the tuition reimbursement received during the two (2) years preceding their separation from the City. The employee, through his/her participation in the Education Assistance Program, authorizes the City to deduct the repayment amount, if applicable, from wages for hours worked, leave or any other funds -due the employee at the time of resignation. G. Employee Agreement Any employee wishing to participate in the Education Assistance Program must sign a formal agreement stating that he/she understands and agrees with all of the terms and conditions of the Education Assistance Policy. A City of Tamarac, Florida Administrative Policy Title: Family and Medical Leave Act (FMLA) Effective Date: December 1, 1999 Originating Department: Personnel Supersedes: All previous and existing memos or administrative policies in conflict Policy Number: 99-05 Page 1 of 8 I. Purpose: To establish guidelines and procedures relating to the Family and Medical Leave Act (FMLA). ll. Policy: A. General Provisions In accordance with the Family and Medical Leave Act of 1993 (FMLA), the City will grant up to 12 weeks of family and medical leave during any 12- month period to eligible employees. The leave may be paid, unpaid, or a combination of paid and unpaid, depending on the circumstances and the provisions of this policy and other leave policies. B. ' Eligibility In order to qualify for family and medical leave under this policy, the employee must meet both_ of the following conditions: 1. The employee must have worked for the City of Tamarac at least 12 months, or 52 weeks. The 12 months, or 52 weeks, need not have been consecutive. 2. The employee must have worked at least 1,250 hours during the twelve-month period immediately before the date when the leave would begin. Title: Family and Medical Leave Act (FMLA) Page 2 of 8 C. Types of Leave Covered In order to qualify as FMLA leave under this policy, the employee must be taking the leave for one of the reasons listed below: The birth of and/or the need to care for the employee's newborn child, 2. The placement of a son or daughter with the employee for adoption or foster care; 3. The need to care forthe employee's spouse, son, daughter, orparent with a serious health condition; or 4. The employee's inability to perform the functions of his or her job due to a serious health condition. NOTE: A "serious health condition" means an illness, injury, impairment, or mental condition that involves inpatient care, continuing treatment by a health care provider, and/or treatment for substance abuse. The FMLA regulations provide further information as -to what constitutes a serious health condition. In addition, the FMLA defines a health care provider and describes what is meant by the phrase, "continuing treatment by a health care provider." This information can be obtained through the Personnel Department. D. Duration of Leave An eligible employee may take up to 12 weeks under this policy during any 12-month period. The City will measure the 12-month period as a rolling 12-month period measured backward from the date the employee uses any leave under this policy. Each time an employee requests FMLA leave, the City will compute the amount of leave the employee has taken under this policy, in the current rolling 12-month period, and subtract it from the 12 weeks available. The remaining balance is the amount that the City is obligated to grant as FMLA leave at that time. 2. If a husband and wife both work for the City, and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent -in-law) with a serious health condition, the husband and wife are entitled to only take a Title: Family and Medical Leave Act (FMLA) Page 3 of 8 combined total of 12 weeks of such leave, during any 12-month period, under FMLA. E. Employment Status and Benefits During Leave 1. While an employee is on FMLA leave, the City is obligated to continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. 2. If the employee chooses not to return to work for reasons other than a continued serious health condition or for reasons outside the employee's control, the City may require the employee to reimburse the City for its share of health plan premiums during a period of unpaid FMLA leave. 3. If the employee contributes to any benefit, such as health, life, or disability insurance, the City will continue making payroll deductions while the employee is on paid leave. While the employee is on unpaid leave, the employee must continue to make those payments. The payment must be received by the City in accordance with the time frame designated between the City and the amployee taking the leave. The time frame must be stipulated prior to taking leave except in cases of extreme emergency. If the payment is more than 30 days late, the City may discontinue coverage for the duration of the leave period, or will recover the payments at the end of the leave period, in a manner consistent with the low. 4. Allowing an exempt employee to take unpaid FMLA leave does not affect the employee's exempt status. The City may make deductions from an exempt employee's salary for hours taken as intermittent or reduced FMLA leave within a workweek, without affecting the employee's Fair Labor Standards Act (FLSA) exempt status. 0 Title: Family and Medical Leave Act (FMLA) Page 4 of 8 F. Employment Status After Leave 1. FMLA requires that an employee who takes leave under this policy will be able to return to the same job or a job with equivalent status, pay, benefits and other employment terms. The position will be the same or one that entails substantially equivalent skills, effort, responsibility, privileges, and authority. 2. The employee's right to be restored to the same or an equivalent job does not apply in the case of an employee who Is unable to perform one or more essential functions of the position because of a physical or mental condition, including the continuation of a serious health condition. 3. The City may also deny job restoration to a key employee if the denial is necessary to prevent "substantial and grievous economic injury" to the City's operations. A key employee is defined as a salaried FMLA- eligible employee who is among the highest paid ten percent of all (both salaried and non -salaried) employees employed by the locality within 75 miles of the employee's worksite. G. Requirement to Use Paid and Unpaid Leave during FMLA 1. During approved FMLA leave for an employee's own serious health condition or to care for a seriously ill family member, any accrued Sick Leave must be used during the FMLA leave period. During any approved FMLA leave, any accrued Vacation or Personal Leave must be used during the. FMLA leave period. If the employee does not have sufficient paid leave to cover the 12 weeks of FMLA leave, the remainder of the FMLA leave period will be unpaid. 2. An employee may request that his/her compensatory leave be used during approved FMLA leave, but the City cannot require that this time be used. If the City and the employee agree that the employee may take compensatory leave for an FMLA qualified reason, the City will not charge the time taken against the employee's FMLA leave entitlement. 3. All City of Tamarac benefits that operate on an accrual basis (e.g., vacation, sick, and other leave benefits) will cease to accrue during any period of FMLA leave which is unpaid. lie Title: Family and Medical Leave Act (FMLA) Page 5 of 8 H. Intermittent leave or a Reduced Work Schedule 1. FMLA provides that an employee, under certain circumstances, may take leave in 12 consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year), or may use the leave to reduce the workweek or workday, resulting in a reduced - hour -schedule. In all cases, the leave may not exceed a total of 12 weeks over a 12-month period. 2. leave may be taken intermittently or on a reduced leave schedule for all FMLA qualified reasons, when medically necessary, except in the case of the birth of a child or placement of a child with the employee for adoption or foster care. leave taken to care for a child after birth, adoption, or placement in the employee's home for foster care must be taken in consecutive workweeks, unless otherwise approved by the City. In all cases, leave for birth, adoption, or the placement of a child in foster care must be taken within one year of the birth/placement of the child. 3. If an employee needs to take intermittent leave, or leave based on a reduced work schedule, for a serious health condition or because of the serious health condition of a family member, the employee should consult with the City to try and work out an intermittent or reduced work schedule which meets the employee's needs without unduly disrupting the City's operations. If this is not possible, then the employee must prove that the use of the leave is medically necessary. The City shall _require certification of the medical necessity. 4. The City may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule. The City may do this if the leave is for planned medical treatment for the employee or a qualified family member. 1. Certification of a Serious Health Condition 1. The City shall ask for medical certification of any serious health condition claimed by an employee requesting FMLA leave. The employee is to have the medical certification completed by his/her health care provider or, in the case of FMLA leave to care for a spouse, son, daughter, or parent with a serious health condition, by Title: Family and Medical Leave Act (FMLA) Page 6 of 8 the health care provider of the ill family member. When the leave is foreseeable and the City has received 30 day's notice, the employee should provide the certification before the leave begins. In all other cases, the employee should try to respond to the City's request for medical certification promptly, but no later than 15 days after the request, or provide a reasonable explanation of the delay. Failure to provide certification may result in a denial of leave or a delay in approval of leave. 2. Certification of a serious health condition shall include the date when the condition began, its expected duration, how the patient's condition qualifies as a serious health condition, and medical facts to support the certification. For FMLA leave for the employee's own medical condition, the certification must also include a statement that the employee is unable to perform work of any kind or a statement that the employee is unable to perform any one or more of the essential functions of the employee's position. For seriously ill family members, the certification must also include a statement that the patient requires assistance for basic medical, personal, safety, or transportation needs, or, if not, that the employee's presence to provide psychological comfort would be beneficial to the patient or assist in the patient's recovery. 3. If the employee plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatment and a statement of medical necessity for taking intermittent leave or working a reduced schedule. 4. For FMLA purposes, the City has the right to ask for a second opinion at any time. The employee may be required, at the City's expense, to submit to medical examinations by physicians designated by the City. If necessary, to resolve a conflict between the original certification and the second opinion, the City will require the opinion of a third doctor. The City and the employee will jointly select the third doctor, and the City will pay for the opinion. The third opinion will be considered final. If, however, the employee does not attempt in good faith to reach agreement with the City on the selection of a third doctor, the employee will be bound by the second opinion. 5. The employee may also be required to provide the City with recertifications of their serious health condition, or their family member's serious health condition. These additional physician's 0 Title: Family and Medical Leave Act (FMLA) Page 7 of 8 statements may be necessary to verify the employee's continued need for FMLA leave. Recertifications requested by the City will'be provided at the employee's expense. J. Procedure for Requesting FMLA Leave 1. Except where leave is not foreseeable, all employees requesting FMLA leave under this policy must submit the standard leave request form to their immediate supervisor. The employee should designate under remarks the purpose of the leave that qualifies it as FMLA leave. The employee must also submit a medical certification of a serious health condition completed by the patient's physician, as discussed in Section I. Certification forms may be obtained in the Personnel Department. 2. If an employee does not declare that the leave requested is for FMLA purposes, and if the reason for the leave requested would have otherwise qualified as FMLA leave, the City will treat the request as one for FMLA leave and will count such leave against the 12 weeks of leave available under FMLA. The City will notify the employee of the above information, assuming there are no extenuating circumstances, within two business days of making its determination that the requested leave qualifies as FMLA leave. 3. A copy of any leave request form, which qualifies as FMLA leave, should be submitted to the Personnel Department through the appropriate department director. 4. When an employee plans to take leave under this procedure, the employee shall give the City 30 day's notice. However, if it is not possible to give 30 day's notice, the employee shall give as much notice as is practicable. An employee undergoing planned medical treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to the City's operations. 5. If an employee fails to provide 30 day's notice for foreseeable leave, with no reasonable excuse for the delay, FMLA allows that the leave request may be denied until at least 30 days from the date the City receives notice. 0 Title: Family and Medical leave Act (FMLA) Page 8 of 8 6. While on leave, employees are requested to report periodically to their supervisors regarding their status, intent to return to work, and return to work date. 7. Before the employee is permitted to return to work from leave, the employee will be required to present the City with a physician's statement indicating that the employee is capable of returning to work and performing the essential functions of his/her position, with or without reasonable accommodation. Where required, the City will make a reasonable accommodation for any disability the employee may have, in accordance with applicable laws. K. Administering the FMLA Policy In administering the FMLA Policy, the City shall abide by all of the requirements of the Family and Medical Leave Act of 1993, as well as the guidelines set forth in Title 29, Part 825 of the Code of Federal Regulations. Approved: Jeff 4 I- filler Date City Manager City of Tamarac, Florida Administrative Policy Tide: Drug and Alcohol Free Workplace Policy Originating Department: Risk Management Policy Number; 96-08 R Effective Date: April 1,1996 Revision Date: March 1, 2001 Revision Date: August 22, 2001 Revision Date: January 10, 2002 Supersedes: All Previous Policies Page 1 of 14 PURPOSE: To inform City employees of Drug and Alcohol Free Workplace Policy and how it works A. POLICY STATEMENT: ,The City of Tamarac (hereinafter referred to as the "City") is committed to providing a safe work anvironment for our employees, our community, and the public. The abuse of alcohol and drugs is' a national problem that impairs the safety and health of employees, promotes crime and harms our community. In order to maintain the high standards of morale, productivity and safety in our City's operation„ the City is instituting a Drug and Alcohol Free Workplace Progr•_m. With the cooperati.:,n and assistance of our employees, the City is implementing a pr )gram designed to provide a safe workplace environment free from drugs and alcohol abuse. The City's policy is in accordance with the Florida Drug Free Workplace Program as provided in Florida Statutes, Section 440.102, and Florida Administrative Code, Rules 38F-9.015 and 59A- 24.002 to 24.009. B. DEFINITIONS: 1. Alcohol "Alcohol" mans ethyl alcohol (ethanol) and includes 'distilled spirits, wine, malt beverages and intoxicating liquors. 2. Drugs "Drugs" means alcohol, amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic. narcotics; designer drugs,, or a metabolite of any of the substances listed herein. 3. Job Applicant "Job Applicant" means a person who has applied for a position with the City. Policy: Drug and Alcohol Free Workplace Policy Policy #: 96-08 R Page 2 of 14 4. Employee "Employee" means an individual who works for the City -on a full-time or part-time basis and receives compensation. 6. Drug Testing a. "Drug Testing" means any chemical, biological or physical instrumental analysis for the purpose of determining the presence of a drug or its metabolites, including alcohol. b. Drug testing may require the collection of blood, urine or breath, of an employee or job applicant. C. "Initial drug test" means a sensitive, rapid and reliable procedure to identify negative and positive specimens for the presence of alcohol and drugs in accordance with the Florida Drug -Free Workplace Program and appropriate Florida Administrative Rules. All levels equal to or exceeding levels set by law shall be reported as positive. The current levels are: Alcohol Amphetamines Cannabinolds Cocaine Phencyclidine Methaqualone opiates Barbiturates Benzodiazepines Synthetic Narcotics: Methadone Propoxyphene 0.04 g/dl (blood) 1,000 ng/ml (urine) 50 ng/ml (urine) 300 ng/ml (urine) 25 ng/ml (urine) 300 ng/ml (urine) 2000 ng/ml (urine) 300 ng/-nl (urine) 300 ng,.nl (urine) 300 ng/ml (urine) 300 ng/ml (urine) d. "Confirmation test" means a second test of all specimens identified as Positive on an initial test in accordance with the Florida Drug -Free Workplace Program and appropriate Florida Administrative Rules. All levels equal to or exceeding levels set by law shall be reported as positive. The current levels are: Alcohol Amphetamines Cannabinoids Cocaine Phencyclidine Methaqualone Opiates Codeine . 6-Acetylmorphine ' Barbiturates Benzodiazepines 0.04 g/dl (blood) 500 ng/ml (urine) 15 ng/ml (urine) 150 ng/mi (urine) 25 ng/ml (urine) 150 ng/ml (urine) 2000 ng/ml (urine) 2000 ng/ml (urine) 150 ng/ml (urine) 150 ng/ml (urine) • •••+v.,v� 1 144 rrvinNlctl:G rQllcy Policy #: 96.08 R Page 3 of 14 Synthetic Narcotics, - Methadone 950 ng/ml (urine) Propoxyphene ISO ng/ml (urine) e• Drug Test Methodology. Specimens for drug testing will be collected, handled, maintained and tested in accordance with the Florida Drug Free Workplace Program and the appropriate Florida Administrative Codes. Urine will be. used for the initial and confirmation tests for all drugs except alcohol. Blood will be used for the initial and confirmation tests for alcohol. 6• Positive Confirmed Test or Confirmation Test "Positive confirmed test" or "confirmation test" means a second procedure that confirms a Positive result from an initial drug test. 7. Medical Review Officer "Medical Review Officer" (MRO) means a licensed physician who is responsible for receiving and reviewing all positive confirmed test results and who is responsible for contacting all individuals who tested positive in a confirmation test to inquire about Possible medications which could have caused a positive result. B. Prescription or Non -Prescription Medication "Prescription or Non-prescription medication" means a drug or medication obtained pursuant to a prescription as defined by Florida Statutes, Section 893.02, or a medica that is authorized pursuant to federal or state law for general distribution and use with a prescription in the treatment of human diseases, ailments or injuries. 9. Reasonable Suspicion Drug Testing "Reasonable suspicion drug testing" means drug te.•ting based on a belief that an employee is using or has used drugs and/or alcohol in violation of this policy, drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Such facts and inferences may be based upon:. a• Observable phenomena while at work, such as direct observation of drug and/or alcohol use or of the physical symptoms or manifestations of being under the influence, of a druq and/or ajcahol. b. Abnormal conduct 6r erratic behavior while at work or a significant deterioration of work performance. C. A report of drug and/or alcohol use, provided by a reliable and credible source. d. Evidence that an individual has tampered with a drug test during his or her employment with the current employer, e. Information that an employee has caused, or contributed to, or been involved in an accident while at work. An "accident" is defined as an event which: (1) caused property and/or vehicle damage of $1,500.00 or more as determined by the employee's Department Director or designee(s) at the time of the event, or vo+icy: urug and Alcohol Free Workplace Policy Policy #: 96-08 R Page 4 of 14 (2) which resulted in an injury to an employee and/or any other person which required emergency medical care, a physician's treatment beyond routine evaluation or a medical institution's assistance within twenty-four (24) hours after the event. f. Evidence that an employee has used, possessed, sold, solicited or transferred drugs and/or alcohol while working or while on the City's premises or while operating a vehicle, machinery or equipment of the City. 10, Specimen "Specimen" means a tissue or product of the human body including blood or urine, capable of revealing the presence of alcohol and/or drugs or their metabolites. C. GENRAL PROCEDURES: 1. Types of Testing In order to maintain a drug and alcohol free work environment, the City will test for the presence of alcohol and drugs in the following circumstances: a. Job Applicants: All job applicants whose job duties will include at least one of the following criteria and who have been offered a position of employment are required to take a drug test: • Will be working with children, the elderly and special populations, • Will be driving a City vehicle, • Will be operating equipment, • Will be having access to confidential documents or information pertaining to criminal rivestigations • Will be working with ca,ntrolled substances, or • Will be reviewing building plans and inspecting premises with the express intent of establishing their acceptability in accordance with safety and health standards. b. Reasonable Suspicion: All employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein) are required to take a drug and alcohol test. C. Fitness -For -Duty: All employees must submit to a drug test if the test is conducted as part of a routinely scheduled employee fitness -for -duty medical examination that is part of the City's established policy or that is scheduled routinely for all members of an employment classification or group. d. Follow -Up: All employees who have entered an employee assistance program or rehabilitation program for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly, semi-annual or annual basis for two years after return to work. ` _.F • L i uv q, lu rm1 - Jl Ivi r i CG vvompiace h'oucy Policy #: 96-08 R Page 5 of 14 2. Consequences of Refusing a Drug Test a. An employee who refuses to submit to a drug and/or alcohol test will be subjece discipline, up to and including termination. An employee who refuses to submit to a drug test also will forfeit his eligibility for all workers' compensation medical and indemnity benefits. b. If testing is required, a job applicant who refuses to submit to a drug and/or alcohol test will not be hired. 3.. Actions Following Positive Confirmed Test The City may institute disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug test. 4. Confidentiality Confidentiality of records concerning drug and/or alcohol testing will be maintained except to the extent necessary to comply with this policy. All information, records, drug test results in the possession of the City, laboratories, employee assistance programs and drug and alcohol rehabilitation programs will be kept confidential. No such information or records will be released unless written consent, signed by an employee or job applicant, is provided or unless such information or records are compelled by a court or by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug and/or alcohol testing separate and apart from a job applicant or employee's personnel file. Information on drug and/or alcohol testing results shall not be released in any criminal proceeding. The City, its agent, or laboratory conducting a drug test may have access to employee drug test information and may use such information when consulting with legal counsel in connection with actions brought under or related to this section or when the information is relevant to its defense in a civil or administrative matter. 5. Reporting of Use of Medication Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test. A form for reporting medication use is attached. 6. Notice of Common Medications A list of the most common medication by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test is attached follows in paragraph 9. Employees and job applicants should review this list prior to submitting a drug test. 7. Medication Information An employee or job applicant may consult with the Medical Review Officer for technical information regarding prescription and non-prescription medication. • --j- -kuy aiw Micunoi Tree vvorKplace Policy Policy #: 96-08 R Page 6 of 14 �• Employee Assistance Program The names and telephone numbers of the City's Employee Assistance Program are available in the Personnel Department. �• Drugs To Be Tested Drugs that will be tested are as follows: a. b. C. d. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors Amphetamines Cannabinoids Cocaine Phencyclidine (PCP) Hallucinogens Methaqualine Opiates Barbiturates Benzodiazepines Synthetic narcotics Designer drugs A metabolite of any of the substances listed herein rumey. urug ana Alconoi tree Workplace Policy Policy #: 96-08 R Page 7 of 14 LIST OF DRUGS BY TRADE OR COMMON NAMES DRUGS NARCOTICS Opium Morphine Codeine Heroin . Hydromorphone Meperidine (Pethidine) Methadone Other Narcotics DEPRESSANTS Chloral Hydrate Barbiturates Benzodiazepines TRADE OR COMMON NAMES Dover's Powder, Paregoric, Parepectolin Morphine, Pectoral Syrup Tylenol with Codeine, Empirin Compound with Codeine, Robitussin A-C, Diacetylmorphine, Horse, Smack Dilaudid Demerol, Mepergan Dolophine, Methadone, Methadose LAAM, Leritine, Numorphan, Percodan, Tussionex, Fentanly, Darvon, Talwin, Lomotil Noctec, Somnos Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate Ativan, Azene, Clonopin, Dalmane, Diazepam, Halcion, Paxipam, Restoril Methaqualone Quaalude Other Depressants Equanil, Miltown, Noludar, Placidyl, Malmid STIMULANTS Cocaine Amphetamines Phenmetrazine Methylphenidate Other Stimulants HALLUCINOGENS LSD Mescaline and Peyote Amphetamine Variants Phencyclidine Phencyclidine Analogs Other Hallucinogens CANNABIS Marijuana Tetrahydrocannabinol Hashish Hashish Oil Coke, Flake, Snow, Crack Iq Biphetamine, Delcobese, Desoxyn, Dexedrine, Mediatric Preludin Ritalin Adipex, Bacarate, Cylert, Didrex, Lonamin, Plegine, Pre -Sate, Sanorex, Tenuate, Tepanil, Voranil Acid, Microdot Mesc, Buttons, Cactus 2, 5-DMA, PMA, STP, MDA, MDMA, TMA, DOM, DOB POP, Angel Dust, Hog PCE, PCPy, TCP Bufotenine, Ibogaine, DMT, DET, Psilocyin Pot, Acapulco Gold, Grass, THC Hash Hash Oil Feefer, Sinsemilla, Thai Sticks -.7 ---- -., WWI IVI1 N%,-, VVVJr%/10%.0 ru1R.y Policy #: 96-08 R Page 8 of 14 10. Challenge of Test Results a. An employee or a job applicant who receives a positive confirmed test results mad contest or explain the result to the Medical Review Officer within five (5) working days of receipt of notification of a positive confirmed test result. b. If the explanation or challenge of the employee or job applicant is unsatisfactory tr the Medical Review Officer, then the Medical Review Officer shall report a positive confirmed, test result to the City. C. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug test was administered due to a workplace injury, by filing a claim for benefits with a Judge of Compensation Claims, pursuant to Chapter 440 Flofida Statutes. d. If an employee or job applicant contests the drug test results, he/she must notify the laboratory of any civil or administrative action. 11. Rights Under Collective Bargaining Agreements Employees who are covered under collective bargaining agreements between the City and the International Association of Firefighters and/or the Federation of Public Employees may have the right to file a grievance regarding discipline imposed by the City as a result of a violation of this policy. 0. POLICY REQUIREMENTS: i o determine the suitability of employees who work for the City, the following pre -employment conditions are established: 1. Conditic .is of Pre -Employment a. All job applicants whose duties will include at least one of the criteria outlined in Part CA.a, of this policy and who have been offered a position of employment will be tested for drug use prior to employment. Any job offer which a job applicant may receive from the City is contingent upon successfully completing a required physical examination. b. If testing is required, any job applicant who refuses to submit to drug testing as part of the pre -employment testing process will be refused employment. C. Any job applicant who tests positive for drugs will be refused employment at that time. d. Confidentially will be maintained pursuant to this policy e. The City will not discriminate against applicants for employment because of the past abuse of drugs or alcohol, It is the current abuse of drugs or alcohol that the Cit will not tolerate. Policy #: 96-08 R rage y of 14 2. Conditions of Continuing Employment The following are to be considered conditions of continuing employment with the Cit� are to be consistently adhered to: a. All employees are prohibited from the unlawful manufacturing, distributing, dispensing, possessing, selling or using of any drug or unprescribed, controlled substances and/or the unauthorized usage of alcohol on any City property. b. An employee is required to notify his immediate supervisor (or supervisor in charge) when reporting for duty or in the course of his work shift in his use of any prescription or non-prescription medication may adversely affect his ability to satisfactorily perform his normal job duties (e.g. drowsiness). C. Employees will be required to submit to drug or alcohol testing when a supervisor has "reasonable suspicion", as defined in Section B.9. of this policy, to believe that an employee is using or has used drugs or alcohol in violation of this policy. The supervisor will document the circumstances that formed his determination of `reasonable suspicion" in writing within seven (7) days. A form for the use of a supervisor to specify the reason(s) for the test is attached. A copy of this documentation will be given to the employee upon request within seven (7) days. d. An employee who tests positive on a confirmation test will be subject to discipline for cause, up to and including termination. 2.1 Refusal of a Treatment Program NOW An employee who is offered an opportunity to enter into a treatment progran• and refuses to do so w''I be terminated immediately. 2.2 Treatment Program Requirements Employees who have bee provided with an opportunity to enter a treatment and/or rehabilitation program must meet all requirements of that program. Failure to follow or complete the treatment and/or rehabilitation program or a subsequent positive confirmed drug and/or alcohol.test will result in immediate termination. 2.3Confidentiality Confidentiality will be maintained at all times except to the extent necessary to comply with these policies. 2.4 Employee drug Convictions Employees are required to notify the City of any criminal drug and/or alcohol statute conviction or violation occurring in the workplace no later than five (5) days after such conviction. The City will take appropriate disciplinary action against such employee within thirty (30) days of receiving notice of an employee who is so convicted. rollcy #: 36-08 R r ayC I U Or 14 3• Employee Education Program Employees will be required to participate in a drug -free awareness program on an annual basis The program will inform employees about the following: a. The legal, social, physical and emotional consequences of the misuse of alcohol or drugs. b. The City's commitment to maintain a drug -free workplace. C. Available drug counseling, rehabilitation and employee assistance programs. d. Assistance in identifying personal and emotional problems that may result in the misuse of alcohol or drugs. e. The penalties which may be imposed by the City on employees for drug abuse violations occurring in the workplace. 4. Employee Assistance Program It is the responsibility of each employee to seek assistance before drugs and alcohol lead to disciplinary problems. a. Once a violation of this policy occurs, subsequent use of the Employee Assistance Program on a voluntary basis will not affect the determination of appropriate disciplinary action. b. An employee's decision to seek assistance from the Employee Assistance Program rior to any incident warranting disciplinary action will not I e used as the basis fc� disciplinary action or in any disciplinary proceeding. C. There is no interest in restricting social drinking outside of working hours and no intent to intrude on private or personal lives of employees. The City is concerned only when the employee's health and/or job performance is adversely affected. d. Upon successful completion of a drug and/or alcohol treatment program, an employee may be released to resume work but will be subject to drug testing on a random, periodic basis, at least quarterly, for at least two years thereafter as a condition of continued employment. e. An individual's participation in the program will not be made apart of any personnel records and will remain confidential except to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records. Program participation records will be maintained by the Medical Review Officer. 5. Management's Responsibilities The City Manager, the Assistant City Managers, Department Directors, including Supervisors (hereafter collectively referred to as "Supervisors") are responsible for implementing the drug ' and alcohol free workplace policy. It is the responsibility of supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could Policy #: 96-08 R ' ayo 1 1 11 14 threaten the safety and well-being of employees, customer or the public. a. Supervisors are responsible for maintaining a safe work environment b determining employees' fitness for duty. y b. In the event a supervisor has a reasonable suspicion (as defined in Section B.9.) that an employee may be affected by drugs or alcohol, the employee must be sent for drug testing, A form for reporting the reason(s) for drug testing is attached. C. In all cases, when an employee is being removed from duty for drug testing, the supervisor should notify his superior at the earliest possible time. 6. Employees' Responsibilities a. It is each employee's responsibility to be fit for duty when report for work and to inform his supervisor if he is under prescription or non-prescription medication which may affect job performance. b. In the event an employee observes behavior which raises a doubt as to the ability of a co-worker to work in a safe, reliable and trustworthy manner, the employee should report this behavior to his supervisor. C. Employees who voluntarily or, as a condition of continued employment, enter a drug or alcohol treatment and/or rehabilitation program are required to participate and complete recommended treatment. Any employee who enters a drug or alcohol treatrr and/or rehabilitation program will be responsible for payment of the treatment and/or I program. If the employee fails to comply with the treatment and/or the program, the employee will be subject to discipline, up to and including termination. 7. Medical Review Officer's (MRO) Responsibilities a. The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. b. The MRO may request that the testing laboratory provide quantification of test results. C. The MRO will provide his interpretation of positive, confirmed.test results to the Personnel Director or Risk Manager. d. The MRO will assist employees in an Employee Assistance Program, monitor such employees' progress and confirm completion of the treatment program_ 40 Approved: I -d Z Je ey L. Miller Date City Manager IJolicy #: 96-08 R rage 'Iz of 14 LIST OF DRUGS BY TRADE OR COMMON NAMES DRUGS TRADE OR COMMON NAMES NARCOTICS Opium Dover's Powder, Paregoric, Parepectolin Morphine Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin Compound with Codeine, Robitussin A-C Heroin Diacetylmorphine, Horse, Smack Hydromorphone Dilaudid Meperidine (Pethidine) Demerol, Mepergan Methadone Dolophine; Methadone, Methadone Other Narcotics LRAM, Leritine, Numorphan, Percodan, Tussionex, Fentanly, Darvon, Talwin, Lomotil DEPRESSANTS Chloral Hydrate Noctec, Somnos Barbiturates Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate Benzodiazepines Ativan, Azene, Clonopin, Dalmane, Diazepam, Halcion, Paxipam, Restoril Methequalone Quaalude Other Depressants Equanil, Miltown, Noludar, Placidyl, Malmid STIMULANTS Cocaine 'Coke, Flake, Snow, Crack Amphetamines Biphetamine, Delcobese, L ::soxyn, Dexedrine, Mediatric Phenmetrazine Preludin Methylphenidate Ritalin Other Stimulants Adipex, Bacarate, Cylert, Didrex, Lonamin, Plegine, Pre -Sate, Sanorex, Tenuate, Tepanil, Voranil HALLUCINOGENS LSD Acid, Microdot Mescaline and Peyote Mesc, Buttons, Cactus Amphetamine Variants 2, 5-DMA, PMA, STP, MDA, MDMA, TMA, DOM, DOB Phencyclidine PDP, Angel Dust, Hog Phencyclidine Analogs PCE, PCPy, TCP Other Hallucinogens Bufotenine, Ibogaine, DMT, DET, Psilocyin CANNABIS - Marijuana Pot, Acapulco Gold, Crass, Feefer, Sinsemilla, Thai Sticks Tetra hydrocannabinol THC Hashish Hash Hashish Oil Hash Oil Policy #: 96-08 R --0- ... -1 .� EXHIBIT I THE CITY OF TAMARAC OVER-THE-COUNTER AND PRESCRIPTION DRUGS WHICH SHOULD ALTER OR AFFECT THE OUTCOME OF A DRUG TEST ALCOHOL All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vick's Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contac Severe Cold Formula Night Strength is 25% (50 Proof) and Listerine is 26.9% (54 proof). AMPHETAMINES Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex CANNABINOIDS . Marinol (Dronabinol, THC COCAINE Cocaine HCI topical solution (Roxanne) PHENCYCLIDINE In legal by prescription METHAQUALONE No legal by prescription OPIATES Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Navahistine Expectorant, Daiaudid (Hydromorphone), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, etc. BARBITURATES Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Butabarbital, Butabital, Phrenilin, Triad, etc. Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, 13ENZODIAZEPINES Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Transene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax METHADONE Dolophine, Methadose PROPDXYPHENE 'Arvocet, Darvon N, Dolene, etc. - I ayc I&+ vi i4 Policy #: 96-OS R I-IST PRESCRIPTION DRUGS TAKEN WITHIN THE LAST 30 DAYS. THIS 11 FOR YOUR USE ILY AT THIS TIME. NAME: SOCIAL SECURITY NUMBER: THE CITY OF TAMARAC FORM FOR REPORTING THE U E OF PRESCRIPTION OR NON-PRESCRIPTION MEDICATION NAME: DATE: PRESCRIPTION MEDICATION: NON-PRESCRIPTION MEDICATION: SIGNATURE THE CITY OF TAMARAC i direct DRUG AND ALCOHOL TEST DIRECTION FORM (Name of Employee) to take a drug and alcohol test pursuant to the City of Tamarac Drug and Alcohol Free Workplace Policy and Work Rules. This drug and alcohol test is required because of the following reason(s) (e.g. reasonable suspicion such as accident or injury as defined in policy): (Department Director of designee) Name Position Date Signature THE CITY OF TAMARAC PRE -EMPLOYMENT AGREEMENT LEASE READ CAREFULLY I freely and voluntarily consent to submit to a drug test of my urine as part of my application for employment. I understand that either my refusal to submit to the drug test or my failure to qualify according to the minimum standards established by the City of Tamarac for this drug test, may disqualify me from further consideration for employment. I further understand that upon commencement of employment with the City of Tamarac, I may again be required to submit to a drug and alcohol test. I understand that refusal to take a requested test or failure to meet the minimum standards set for the test, may result in discipline up to and including termination. I have read in full and understand the above statements and conditions of employment. APPLICANT'S SIGNATURE SOCIAL SECURITY NUMBER STATE OF COUNTY OF On the day of Appeared (personally known/form of ID) DATE PRINTED NAME SS. 20 , before me personally to me known to be the persons) named herein and who executed the foregoing agreement and that voluntarily executed the same. My term expires 20 Notary Public 0 CERTIFICATE -OF_RECEIPT The City of Tamarac is committed to providing a safe work environment for the employees, the community, and the public. With the cooperation and assistance of the employees, the City is implementing a program designed to provide a safe workplace environment free from drugs and alcohol abuse. I certify that I have have attended the Drug -Free Workplace Awareness program and received a copy of the City of Tamarac's Policy: Drug and Alcohol Free Work lace Polic for my review. Employee Name (Print) Signature ate Employee Job Title Employee Department Supervisor's Signature City of Tamarac, Florida Administrative Policy r Title: Alcohol and Drug Policy for Employees Operating Effective Date: May 1, 1996 City Commercial Motor Vehicles Revision Date: August 22, 2001 January 10, 2002 Originating Department: Risk Management Supersedes: All Previous Policies Policy Number:. 96-10 R Page 1 of 10 PURPOSE: To inform City employees of Commercial Drivers License Policy and how it works POLICY: Alcohol and Drug Policy for Employees Who Operate Commercial Motor Vehicles A. Policv 1. The purpose of this Policy is to comply with all applicable federal regulations adopted by the Federal Highway Administration (FHWA) that mandate alcohol and drug testing and establish testing standards for covered, "safety -sensitive" employees that operate "commercial motor vehicles." This Policy supplements, but does not replace or change, all existing City policies and Ptireements concerning the use of, and testing for, alcohol and drugs, unless oth.trwise required by law or regulation. 2. The FHWA regulations require the City to provide each covered employee%driver with information explaining the FHWA requirements and the City's policies and procedures for meeting these requirements. The City is providing the information contained or referred to within this Policy to accomplish this objective. 3. The Risk and Safety Officer (or his/her designee) is the person designated by the City to: answer employee and supervisor/manager questions about these materials and the City's implementation of the FHWA regulations; to receive confidential information regarding alcohol and drug testing results; and to receive confidential information from Substance Abuse Professionals. 4. Employees subject to this Policy and their supervisors/managers should review the following applicable City of Tamarac Personnel Policies and Procedures: • Motor Vehicle O eration • Alcohol & Drug Free Workplace Polic + Em Io ee Assistance Palic I I Title: Alcohol and Drug policy for Employees Page 2 of 10 Operating City Commercial Motor Vehicles The public expects services provided by City of Tamarac employees to be delivered in the safest and most conscientious manner possible. Involvement with drugs and alcohol can adversely effect job performance and employee safety. The City's concern is that employees are in a condition to perform their duties safely and efficiently, in the best interests of their fellow workers and the public, as well as themselves. The presence of drugs or alcohol on the job, and in influence of these substances on employees during working hours, are inconsistent with the City's objective to maintain a drug and alcohol -free workplace. 6. Employees are required to notify the City of any criminal drug and/or alcohol statute conviction or violation no later than five (5) days after such conviction. 7. Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek assistance from the City's Employee Assistance Program. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who are, or continue to be, substance abusers and do not seek help. 8. To further our commitment of maintaining a drug and alcohol -free workplace in order to provide a safe work environment for employees and safe service delivery to the public, it is our policy to; a. Ensure that employees who operate motor vehicles are not impaired in their ability to perform their work in a safe and productive manner; b_ Conduct drug and alcohol testing as required by FHWA regulations; and C. Encourage employees to seek .•rofessional assistance anytime alcohol or drug use adversely affects their ability to perform their work assignments. B- Covered Em to ees This Policy applies to all employees who operate a commercial motor vehicle to carry out their job duties for the City of Tamarac or who are required as a condition of employment to possess . and'maintain a commercial driver's license (CDL). Participation in the City's CDL Alcohol and Drug Testing Program is required for these employees and is considered to be a condition of employment. A "Commercial motor vehicle" is a vehicle that: 1 • Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or 2. Has a gross vehicle weight rating of 26,001 or more pounds; or 3. Is designed to transport 16 or more passengers, including the driver; or 4• Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations. I ILitt. 1+1conor and Drug Policy for Employees Pa e 3 of 10 Operating City Commercial Motor Vehicles g Safe-Sensitiive Functions The FHWA alcohol and drug rules apply to employees/drivers when performing safety -sensitive functions. "Safety -sensitive" functions under these rules include any of the fallowing: 1 • All time waiting to be dispatched; 2- All time inspecting, servicing or conditioning any commercial motor vehicle; I All time driving a commercial motor vehicle; 4. All other time spent in or on any commercial motor vehicle; 6- All time loading or unloading a vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; 6. All time spent dealing with a commercial motor vehicle accident; and 7, All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle. D. Prohibited Conduct The FHWA regulations include the following rules on prohibited conduct: 1 • No employee/driver shall report for duty or remain on duty requiring the performance of safety -sensitive functions while having an alcohol concentration of .02 or greater (see Paragraph I of this Policy on alcohol concentrations between .02 and .04); 2. No employee/driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol; I No employee/driver shall use alcohol while performing safety-sensiti►.; functions; 4 No employee/driver shall perform safety -sensitive functions with4) four hours after using alcohol; 6. No employee/d_ rver shall use alcohol for eight hours following an driver undergoes a post -accident alcohol test, whichever occurs first; accident, or unti the 6. No employee/driver shall refuse to subrr,it to a post -accident alcohol or drug test, a random alcohol or drug test, a reasonable suspicion alcohol or drug test, or a follow-up alcohol or drug Fast; and 7. No employee/w;;ver shaii report for duty or remain on duty requiring the performance of safety -sensitive fur:;;tions when the employee/driver uses any drug, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. E. Su rvisor/Marra er Res onsibilities Supervisors/managers must not permit an employee/driver to perform safety -sensitive functions if they have actual knowledge that the employee: 1- Has a blood alcohol concentration of .02 or greater; or 2. Has alcohol in their possession; or 3. Is using alcohol on the job; or 4. Has used alcohol within the past four hours; or 6. Refused to submit to an alcohol or drug test required by this Policy; or 6. Has used a controlled substance; or 7. Tested positive for drugs. 6-1 Title; Alcohol and Drug Policy for Employees ?ije_4 of 10 Operating City Commercial Motor Vehicles F. Alcohol and Drug Testing A driver is subject to FHWA mandatory testing for alcohol and drugs under the following circumstances: 1. R.re-Erngloyment/Pre-Quty Testin An applicant or newly hired employee/driver must be tested for drugs before the first timE the driver performs any safety_sensitive function for the City. 2. Post -Accident Testing An employee/driver must be tested for alcohol and drugs as soon as practicable following an accident involving a commercial motor vehicle, if; a. The employee/driver was performing a safety -sensitive function with respect to the vehicle, and the accident resulted in the loss of a human live (whether or not the driver caused the accident), or b. The employee/driver receives a citation under state or local law for a moving violation arising out of the accident. 3. Random Testin- Employees/drivers will be randomly selected for unannounced alcohol and drug testing. The minimum annual percentage rate for random alcohol testing will be 25% of the average number of employees covered by this policy, or as set by federal guidelines. The minimum annual percentage for random drug testing will be 50% of the average number of employees covered by this policy, or as set by federal guidelines. Employees/drive.: will be selected on a random basis which assures that all drivers )ave an equal chance )f being tested. 4. Reasonable Sus icion Testin An employee/driver must be tested for alcohol or drugs if there is reasonable suspicion that a driver has violated the rules on the use of alcohol or drugs. Reasonable suspicion will be based on specific, current, describable, observations concerning the appearance, behavior, speech or body odors of the employee made during, just preceding, or just after the period of the work day that the employee is performing a safety -sensitive function. The observation and determination that a reasonable suspicion exists will be made by a supervisor, manager or other City official trained in detecting the symptoms of alcohol and drug use. 5. Return -to -Duty Testing An employee/driver must be tested for alcohol and drugs before returning to any safety - sensitive duties following a violation of the.FHWA alcohol or drug rules. 6. Follow-u Testin An employee/driver who has been identified by a Substance Abuse Professional as needing assistance in resolving problems with alcohol or drugs and who has returned to duty is subject to a minimum of six follow-un alcohol or drug tests over the first 12 Months following the return to duty. The Substance Abuse Professional may require the employee to undergo additional alcohol or drug testing for up to 6o months. Title: Alcohol and Drug Policy for Employees Page 5 of 10 Operating City Commercial Motor Vehicles All alcohol and drug testing done under the FHWA rules will comply with 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs. These procedures require separate screening and confirmation tests and a number of other procedures which are intended to protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver. G. Refusal to Submit to Alcohol or Dru Testin 1. The FHWA rules mandate that an employee/driver submit to the alcohol and drug tests required by the FHWA rules. A refusal to submit is itself a violation of the FHWA rules. 2. A refusal to submit to an alcohol or drug test includes an oft the following conduct; a. Failure to provide adequate breath for alcohol testing, without a valid medical explanation, after the driver has received notice of the requirement for alcohol testing under the FHWA rules; b. Failure to provide adequate urine for drug testing, without a valid medical explanation, after the driver has received notice of the requirement for drug testing under the FHWA rules; C. Engaging in conduct that clearly obstructs the testing process; and d. Failure to remain readily available for testing following an accident involving a commercial motor vehicle. I A refusal to take an alcohol or drug test required by the FHWA rules will have the fr Mowing minimum consequences: a An applicant who refuses a pre-employment/pre-duty test will not be hired; b. An employee who refuses a return -to -duty test will not be returned to duty; and C. An employee who refuses a post -accident, random, reasonable suspicion or follow-up test will be treated as if he/she had a positive test result, as described in Paragraph H, which follows. An employee who refuses to comply with a request for testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution, shall be removed from duty immediately and subject to discipline up to and including dismissal. Refusal can include an inability to provide a specimen or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test. H. Employees/Drivers Who Violate the FHWA Rules on Alcohol or Drugs will: Be 1 absence, oved from all safety-sensitivedetermined functions and placed on an unpaid leave of mined appropriate by the Department Director and the Personnel Director or his/her designee; Title: Alcohol and Drug Policy for Employees Page B of 10 Operating City Commercial Motor Vehicles 2. Be referred to and evaluated by a Substance Abuse Professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol or drugs; 3. Not be returned to work unless the driver passes a return -to -duty alcohol test (if the violation involved alcohol) or a return -to -duty drug test (if the violation involved drugs) and has properly followed any rehabilitation program prescribed by the Substance Abuse Professional; and 4. Be subject to FHWA-mandated unannounced follow-up drug and alcohol testing, including a minimum of six tests during the first 12 months following the driver's return to work. These are the minimum consequences mandated by the FHWA rules. The City may take additional disciplinary action, up to and including dismissal, for conduct which violates City work rules or policies. 1. Alcohol Test Result Between ,02 and .04 A positive alcohol test is defined by the FHWA rules as a test finding an alcohol concentration of .04 or greater. However, if a driver's alcohol test finding is between .02 and .04, the driver must be removed from duty until the driver's next regularly scheduled duty period, but not less than 24 hours following the test. J. E•mp1l , ee Requested Confirmation Testin An employee who questions the results of a required drug test may request that an additional test be conducted at a different DHHS-certified laboratory. The test will be conducted on the split sample that was provided at the same time as the original sample. The cost of the second test will be borne by the employee, unless the second test invalidates the first. The method of collecting, storing and testing the split sample is as prescribed by the procedures in 49 CFR Part 40. The employee's request for a split sample test must be made to the City's designated Medical Review Officer within 72 hours of notice of the initial test result. Requests after 72 hours will be accepted only if the delay was due to documentable facts that were beyond the control of the employee. K. Confidentiali Laboratory reports or test results shall not appear in an employee's general personnel folder. Information of this nature will be secured in a separate confidential folder in the Personnel Department. The reports or test results may be disclosed to City management on a need -to -know basis and to the tested employee upon request. The City may also disclose ' confidential information required by FHWA to be maintained pertaining to an employee to: the attorneys handling a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee, and arising from the results of an alcohol and/or controlled substance test Title: Alcohol and Drug Policy for Employees I Page 7 of 10 Operating City Commercial Motor Vehicles administered under FHWA rules, or from the City's determination that the employee engaged in prohibited conduct. L. FHWA Mandated Alcohol/Dru Evaluation/Treatment It is the policy of the City that any employee who has a confirmed, positive drug or alcohol test is subject to disciplinary action, up to and including termination. Employees/drivers who test positive for the presence of alcohol or prohibited drugs will be referred to, and evaluated by, a Substance Abuse Professional (SAP). A Substance Abuse Professional is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of, and clinical experience in, the diagnosis and treatment of drug and alcohol -related disorders. The Substance Abuse Professional will evaluate each employee to determine what assistance, if any, the employee needs to resolve problems associated with prohibited substance abuse or misuse of alcohol. Under certain circumstances, including positive alcohol or drug tests, employees may be required to undergo treatment for substance abuse. If an employee is not discharged, but is allowed to return to duty after such evaluation and/or treatment, he/she must properly follow the rehabilitation program prescribed by the Substance Abuse Professional, must pass the return to duty alcohol and drug test(s) and be subject to unannounced follow-up tests for a period of one to five years, as determined by the Substance Abuse Professional or as required by federal law. Any employee who refuses treatment when required, or fails to ' comply with the Individualized Treatment Plan prescribed by the Substance Abuse Professional for treatment, aftercare, or return to duty, shall be subject to disciplinary action, up to and including discharge. M. Additional Alcohol and Dru Information 1. The use of alcohol or drugs can have negative effects on an individual's health, work and personal life. 2. The National Institute on Alcohol Abuse and Alcoholism (NIAAA) reported in 1999 that approximately two of every three adults in the United States drink. The U.S. Department of Health and Human Services (HHS) reported that same year that approximately 15 million Americans age 12 and older are illicit drug users. Approximately 10 million Americans are dependent on either alcohol or illicit drugs. 3. The cost to society from alcohol misuse is enormous. The potential effects include lost lives, personal injuries, property damage, business losses (lost productivity, absenteeism, increased health care costs, etc.) and environmental damage. In 1992 the NIAAA and the National Institute on Drug Abuse (NIDA) estimated the economic costs to society of alcohol abuse to be nearly $148 billion per year, including $31 billion from premature deaths, $68 billion in lost productivity and $20 billion for crime -related . expenses. The same study indicated the economic costs of drug abuse to be $98 billion per year, including $15 billion from premature deaths, $14 billion in lost productivity and $59 billion for crime -related expenses. r Itre: Alcohol and Drug Policy for Employees Page 8 of 10 Operating City Commercial Motor Vehicles 4. Accident statistics indicate that nearly half of the fatally injured non-commercial motor vehicle drivers had a measurable amount of alcohol in their blood compared with about 15 percent of fatally injured drivers of medium and heavy trucks. For those truck drivers who had been drinking before an accident, the highest accident rate was among those consuming the most alcohol. Drivers of heavy and medium trucks with measurable alcohol concentrations are involved in about 750 fatal crashes annually, along with another 7,700 crashes resulting in personal injuries and 4,750 crashes involving only property damage. 5. In 1990, the National Transportation Safety Board (NTSB) published the results of a study of alcohol and other drugs used by CMV operators in fatal -to -the -driver, heavy truck accidents. Thirteen percent of the fatally injured drivers tested positive for alcohol. Another 20 percent of the drivers tested positive for other drugs. 6. Additional information concerning the effects of alcohol and drug use, and the signs and symptoms of an alcohol or drug problem, can be provided to covered employees and their supervisors/managers. 7. A pamphlet on the City's designated Employee Assistance Program can be provided to covered employees and their supervisors/managers subject to this Policy. 8. A pamphlet from the U.S. Department of Transportation's Federal Highway Administration (FHWA) on Alcohol and Drug Rules -_An Overview, or subsequent/related publications, can be provided to covered employees and their supervisors/managers subject to this Policy, 9. Copies of the FHWA rules on alcohol and drug use and testing, 49 CFR Part 382, and the Department of Transportation rule on procedures for Transportation Workplace Drug and Alcohol Testing Programs, 49 CFR Part 40, are available for review in Risk Management. 10. Employees are urged to request assistance with any drug or alcohol problem before disciplinary action is necessary. If an employee advises the City of a drug or alcohol problem, the employee will be urged to receive counseling and, if appropriate and necessary, will be permitted to take accrued paid sick leave or vacation to receive the recommended treatment. If an employee has exhausted accrued paid sick leave and vacation, he/she may apply for an unpaid personal leave of absence for the period of time necessary to receive the recommended treatment. 11. Alcohol and drug dependencies are treatable. Employees covered by City -sponsored health insurance have limited coverage for treatment of alcoholism and drug dependency. Any costs associated with treatment that are not covered by insurance will be the responsibility of the employee. Title: Alcohol and Drug Policy for Employees Page 9 of 10 Operating City Commercial Motor Vehicles 12. Employees who suspect that another employee is in violation of the FHWA alcohol and drug rules should immediately report their suspicion, and the basis for it, to their supervisor/manager or to the Risk and Safety Officer, or his/her designee so that appropriate action may be taken, and a potentially unsafe situation avoided. Approved: d am` i— da Jeffr L. filler Date City Manager 0, Title: Alcohol -and Drug Policy for Employees Page 10 of 10 Operating City Commercial Motor Vehicles CERTIFICATE OF RECEIPT I certify that I have received a copy of the City of Tamarac Alcohol and Drug Policy for Em to ees Operatina CRY Commercial Motor Vehicles. Employee Name (print) Signature Date Employee Job Title Employee Department Supervisor/Witness F TA " City of Tamarac, Florida Administrative Policy Title: Alcohol and Drug Policy for Employees Effective Date: February 12, 2002 Performing City Mass Transit Functions Originating Department: Personnel/Risk Supersedes: All previous and existing Management memos or administrative policies in conflict Policy Number: 02-01 Page 1 of 15 I. Purpose: 11. Policy: To ensure worker fitness for duty and to protect our employees and passengers from the risk posed by use of alcohol and prohibited drugs. This policy complies with applicable law, including the Drug -Free Workplace Act of 1988, Omnibus Transportation Employee Testing Act of 1991, and associated U.S. Department of Transportation and Federal Transit Administration regulations. A. General Provisions The City of Tamarac is dedicated to providing safe, dependable, and reliable transportation services to our passengers. Each employee has a responsibility to deliver service in a safe and conscientious manner. As employees are our most valuable resource, it is our goal to provide a healthy, drug and alcohol -free environment that promotes opportunities for overall well-being. The purpose of this policy is to comply with all applicable federal regulations adopted by the Federal Transit Administration (FTA) that mandate alcohol and drag testing and establish testing standards for covered employees that perform mass transit functions. This Policy supplements, but does not replace or change, all existing City policies and agreements concerning the use of, and Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions Page 2of15 testing for, alcohol and drugs, unless otherwise required by law or regulation. 2. The FTA regulations require the City to provide each covered employee/driver with at least 60 minutes of training on the effects and consequences of prohibited drug and alcohol use on his or her personal health, safety, and the work environment and the signs and symptoms that may indicate prohibited drug and alcohol use. Additionally, the FTA regulations require that each supervisor who may make reasonable suspicion determinations receive at least 60 minutes of training on the physical, behavioral, and performance indicators of probable drug use and at least 60 minutes of training on the physical, behavioral, speech, and performance indications of alcohol misuse. 3. The Risk and Safety Officer (or his/her designee) is the person designated by the City Manager to answer employee and supervisor/manager questions about these materials and the City's implementation of the FTA regulations, to receive confidential information regarding alcohol and drug testing results, and to receive confidential information from Substance Abuse Professionals, The Risk and Safety Officer's designees include the Director of Personnel and the Employee Relations Manager. 4. Employees subject to this Policy and their supervisors/managers . should review and must comply with the following applicable City of Tamarac Personnel Policies and Procedures: SafetvPo_ lice • Alcohol & Drug Free Work lace policy • Employee Assistance Policy 5. The public expects services provided by City of Tamarac employees to be delivered in the safest and most conscientious manner possible. Involvement with drugs and alcohol can adversely affect job performance and employee as well as public safety. The City's concern is that employees are in a condition to perform their duties safely and efficiently, in the best interests of their fellow workers and the public, as well as themselves. The presence of drugs or alcohol on the job, and the influence of these substances on employees during working hours, is in violation of City Policies to maintain a drug and alcohol -free workplace. Original on file in City Manager's Office Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions kk Page 3 of 15 B. Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek assistance from the City's Employee Assistance Program. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who are, or continue to be, substance abusers and do not seek help. 7. To further our commitment of maintaining a drug and alcohol -free workplace in order to provide a safe work environment for employees and safe service delivery to the public, it is our policy to: a. Ensure that employees who operate motor vehicles are not impaired in their ability to perform their work in a safe and productive manner; b. Conduct drug and alcohol testing as required by FTA regulations; and c. Encourage employees to seek professional assistance anytime alcohol or drug use adversely affects their ability to perform their work assignments. 8. Pursuant to the Drug -Free Workplace Act of 1988, employees must notify their supervisor(s) within five days of a criminal drug statute conviction. Failure to comply constitutes a violation .of this policy. B. Covered Em to ees This Policy applies to all safety -sensitive employees, volunteers and contractors and other employees who perform or who are likely to perform mass transit -related functions. This policy applies to off -site lunch periods or breaks when the employee is scheduled to return to duty. A safety -sensitive function is any duty related to the safe operation of a mass transit service, including the operation, dispatch, and maintenance or repair of a revenue service vehicle (whether or not the vehicle is in revenue service) and other employees whose job functions require they hold a commercial driver's license. Participation in the City's Mass Transit Alcohol and Drug Testing Program is required for these employees and is considered to be a condition of employment. C. Safety -Sensitive Functions The FTA alcohol and drug rules apply to employees when performing Original on file in City Manager's Office Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions Page 4 of 15 safety -sensitive functions. A listing of job classifications determined to Perform safety -sensitive functions is maintained in the Personnel Department. According to City policy, safety -sensitive functions include any of the following: 1. All time waiting to be dispatched; 2. All time inspecting, servicing or conditioning any mass transit vehicle; 3. All time driving a mass transit vehicle; 4. All other time spent in or on any mass transit vehicle; 5. All time spent dealing with a mass transit vehicle accident; and 6. All time repairing, obtaining assistance, or remaining in attendance upon a disabled mass transit vehicle. D. Prohibited Conduct The FTA regulations include the following rules on prohibited conduct: I. No employee shall report for duty or remain on duty requiring the performance of safety -sensitive functions while having an alcohol concentration of .02 or greater; 2. No employee shall be on duty or operate a mass transit vehicle while the driver possesses alcohol; 3. No employee shall use alcohol while performing safety -sensitive functions; 4. No employee shall use alcohol within four hours of performing safety -sensitive functions; 5. No employee shall use alcohol for eight hours following an accident, or until the driver undergoes a post -accident alcohol test, whichever occurs first; 6. No employee shall refuse to submit to a post -accident alcohol or drug test, a random alcohol or drug test, a reasonable suspicion alcohol or drug test, or a follow-up alcohol or drug test; and Original on file in City Manager's Office Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions Page 5 of 15 7. No employee shall report for duty or remain on duty requiring the performance of safety -sensitive functions when the employee uses any otherwise prohibited drug, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the employee's ability to safely operate a mass transit vehicle. E. Su ervisor/Mana er Responsibilities Supervisors/managers must not permit an employee to perform safety - sensitive functions if they have actual knowledge that the employee: 1. Has a alcohol concentration of .02 or greater; or 2. Has alcohol or drugs in their possession; or 3. Is using alcohol or drugs on the job; or 4. Has used alcohol within the past four hours; or 5. Refused to submit to an alcohol or drug test required by this Policy; or 6. Has used a controlled substance; or 7. Tested positive for drugs. F. Prohibited Substances I. Illegally -Used Controlled Substances or Drugs: Controlled substances are any illegal drug or substance identified in Schedules I through V of Section 202 or the Controlled Substance Act (21 USC 812) and as further defined in 21 CFR 1300. These substances include, but are not limited to, marijuana, amphetamines, opiates, phencyclidine, and cocaine, as well as any drug not approved for medical use by the Drug Enforcement Administration or the Food and Drug Administration. Illegal use includes the use of illegally -obtained prescription drugs. 2. Legal Drugs: The use of legally -prescribed drugs and/or nonprescription medications is not prohibited. A legally - prescribed drug means that the individual has a prescription or Original on file in City Manager's Office Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions Page 6 of 15 other written approval from a physician for the use of the drug in the course of medical treatment. It must include the patient's name, the substance, quantity/amount to be taken, and the period for authorized use. However, the use of any substance that carries a warning label that mental functioning, motor skill, or judgment may be affected adversely must be reported to supervisory personnel, and medical advice should be sought, as applicable, before performing work -related duties. The misuse or abuse of legal drugs while performing mass transit functions is prohibited. 3. Alcohol: The use of products containing alcohol or substances including any medication, mouthwash, food, candy or any other substance such that alcohol is present in the body while performing .mass transit functions is prohibited. G. Alcohol and Drug Te"Un Drug testing under this policy may include the collection of urine or breath of an employee or job applicant. The specific drugs that will be tested for are marijuana, cocaine, opiates, amphetamines, and phencyclidine. An initial drug screen using immunoassay techniques will be conducted on each specimen. For those specimens which indicate one or more prohibited substances present, a confirmatory gas chromatography/mass spectrometry (GC/MS) test will be performed. The test will be considered positive if the amount present is equal to or above the minimum threshold established in 49 CFR Part 40. Alcohol testing will be conducted using a National Highway Traffic Safety Administration (NHTSA)-approved evidential breath testing (EBT) device operated by a trained breath alcohol technician (BAT). Breath alcohol concentration (BAC) is expressed in terms of grams of alcohol per 210 liters of breath. If any initial test indicates a BAC of 0.02 or greater, a second test will be performed to confirm the result, It is City policy that any employee whose BAC is confirmed at 0.02 or greater (but less than 0.04) will be suspended from duty until the employee's next regularly scheduled duty period, but not less than 24 hours following the test. The testing described in this policy will be independent and separate from all other testing performed on behalf of the City of Tamarac and/or + prevailing Federal, State, and local requirements. All alcohol and drug ! testing done under the FTA rules will comply with 49 CFR Part 40, Original on file in City Manager's Office Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions Page 7 of 15 Procedures for Transportation Workplace Drug and Alcohol Testing Programs. These procedures require separate screening and confirmation tests and a number of other procedures which are intended to protect the employee and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver. Federal regulations impose strict procedural controls and accounting mechanisms upon the collection site, processing laboratory, the MRO, and the transit system with respect to testing for prohibited drugs and alcohol. These procedures require the use of tamper -proof specimen containers for urine samples, employee certification of "ownership," use of chain of custody documentation, regimented quality control standards, including blank -air testing, and specific certification and training standards. An employee is subject to FTA mandatory testing for alcohol and drugs under the following circumstances: 1. Pre-Employment/Pre-Dutv Testing An applicant or newly hired or transferred employee must be tested for drugs, in accordance with the City's Alcohol and Drug - Free Workplace Policy, before the first time the employee performs any safety -sensitive mass transit function for the City. Applicants to safety -sensitive positions will be asked if they have failed or refused to submit to pre -employment testing at any other DOT -regulated employer in the past two (2) years (regardless of hiring action), and will be required to authorize the release of information regarding past drug and alcohol testing during the past two (2) years. Applicants who refuse to authorize the release of information regarding past drug and alcohol testing will not be permitted to perform safety sensitive functions as defined in this policy. Applicants who have tested positive for drugs and/or alcohol in previous employment will not be permitted to perform safety sensitive functions unless they are able to evidence they have completed a drug and/or alcohol program. 2. Post -Accident Testing An employee must be tested for alcohol and drugs as soon as practicable, in accordance with the City's Alcohol and Drug -Free Workplace policy, following an accident involving a City mass transit vehicle, if: Original on file in City Manager's Office Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions Page S of 15 a. The employee was performing a safety -sensitive function with respect to the mass transit vehicle, and the accident resulted in the loss of a human life (whether or not the driver caused the accident). Employees tested under this provision include not only the mass transit operator, but any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the accident, or b. The accident resulted in injuries requiring a person or persons being transported to medical treatment facility or if one or more vehicles incurs disabling damage that requires towing from the site, unless the employee's performance can be completely discounted as a contributing factor to the accident. Employees tested under this provision include not only the mass transit operator, but any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the accident. 3. Random Testin All safety sensitive employees are subject to random drug and/or alcohol testing at any time they are on duty and during all time periods that safety -sensitive functions are being performed. Testing must be unannounced and unpredictable. Once notified of a random testing requirement, the employee must proceed directly to the testing site. The minimum annual percentage rate for random alcohol testing will be 10% of the average number of employees covered by this policy or as set by federal guidelines. The minimum annual percentage for random drug testing will be 50% of the average number of employees covered by this policy or as set by federal guidelines. Employees will be selected on a random basis which assures that all drivers have an equal chance of being tested. 4. Reasonable Sus icion Testin An employee must be tested for alcohol or drugs if there is reasonable suspicion that a driver has violated the rules on the use of alcohol or drugs. Reasonable suspicion will be based on Original on file in City Manager's Office Title; Alcohol & Drug Policy for Employees Performing City Mass Transit Functions . Page 9 of 15 specific, current, describable, observations concerning the appearance, behavior, speech or body odors of the employee made during, just preceding, or just after the period of the work day that the employee is performing a safety -sensitive function. The observation and determination that a reasonable suspicion exists will be made by a supervisor, manager or other City official trained in detecting the symptoms of . alcohol and drug use. Reasonable suspicion testing will be conducted in accordance with the City's Alcohol and Drug -Free Workplace Policy. 5. Return -to -Duty Testing An employee must be tested for alcohol and drugs before returning to any safety -sensitive duties following a violation of the FTA alcohol or drug rules. 6. Follow-up Testing An employee who has been identified by a Substance Abuse Professional as needing assistance in resolving problems with alcohol or drugs and who has returned to duty is subject to follow up testing as outlined in section L of this policy. H. Refusal to Submit to Alcohol or Drug Testing 1. The FTA rules mandate that an employee submit to the alcohol and drug tests required by the FTA rules. A refusal to submit is itself a violation of the FTA rules. 2. A refusal to submit to an alcohol or drug test includes any of the following conduct: a. Failure to ,provide adequate breath for alcohol testing, without a valid medical explanation, after the employee has received notice of the requirement for alcohol testing under the FTA rules; b. Failure to provide adequate urine for drug testing, without a valid medical explanation, afterthe employee has received notice of the requirement for drug testing under the FTA rules; c. Engaging in conduct that clearly obstructs the testing process; and 40 d. Failure to remain readily available for testing following an accident Original on file in City Manager's Office Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions Page 10 of 15 involving a mass transit vehicle. 3. A refusal to take an alcohol or drug test required by the FTA rules will have the following minimum consequences: a. An applicant who refuses a pre-employment/pre-duty test will not be hired; b. An employee who refuses a return -to -duty test will not be returned to duty; and c. An employee who refuses a post -accident, random, reasonable suspicion or follow-up test will be treated as if he/she had a positive test result, as described in Paragraph I, which follows. An employee who refuses to comply with a request for testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution, shall be removed from duty immediately and according to City policy, be subject to discipline up to and including dismissal. Refusal can include an inability to provide a specimen or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test. I. Employees Who Violate the FTA Rules on Alcohol or Drugs It is the policy of the City that any employee who violates the FTA rules on alcohol or drugs will: 1. Be removed from all safety -sensitive functions and placed on an unpaid leave of absence, unless otherwise determined appropriate by the Department Director and the Personnel Director or his/her designees, in accordance with the City's Personnel Manual and Alcohol and Drug Free Workplace Policy. 2. Be referred to and evaluated by a Substance Abuse Professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol or drugs; 3. Not be returned to work in -a safety sensitive function unless the employee passes a return -to -duty alcohol test (if the violation involved alcohol) or a return -to -duty drug test (if the violation involved drugs) Original on file in City Manager's Office Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions Page 11 of 15 and has properly followed any rehabilitation program prescribed by the Substance Abuse Professional; and 4. Be subject to unannounced follow-up drug and alcohol testing, including a minimum of six tests during the first 12 months following the employee's return to work. These are the minimum consequences for violation of the City policy. The City may take additional disciplinary action, up to and including dismissal, for conduct which violates City work rules or policies. J. Employee Re uested Confirmation Testin An employee who questions the results of a required drug test may request that an additional test be conducted at a different DHHS-certified laboratory. The test will be conducted on the split sample that was provided at the same time as the original sample. It is the policy of the City that the cost of the second test will be borne by the employee, unless the second test invalidates the first. Inability to pay the cost of split specimen. testing will not, however, deny anyone the right to request such testing. The method of collecting, storing and testing the split sample is as prescribed by the procedures in 49 CFR Part 40. The employee's request for a split sample test must be made to the City's designated Medical. Review Officer within 72 hours of notice of the initial test result. Requests after 72 hours will be accepted only if the delay was due to documentable facts that were beyond the control of the employee. K. Confidentiality Laboratory reports or test results shall not appear in an employee's general personnel folder. Information of this nature will be secured in a separate confidential folder in the Personnel Department. The reports or test results may be disclosed to City management on a need -to -know basis and to the tested employee upon written request. The City may also disclose confidential information as outlined in 49 CFR 40, Subpart P. L. Alcohol/Dru Evaluation/Treatment It is the policy of the Citythat an employee Ywho has a confirmed, Original on file in City Manager's Office Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions Page 12 of 15 positive drug test is subject to disciplinary action, up to and including termination. Employees who test positive for the presence of alcohol or prohibited drugs will be referred to, and evaluated by, a Substance Abuse Professional (SAP). A Substance Abuse Professional is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of, and clinical experience in, the diagnosis and treatment of drug and alcohol - related disorders. The Substance Abuse Professional will evaluate each employee to determine what assistance, if any, the employee needs to resolve problems associated with prohibited substance abuse or misuse of alcohol. Assessment by a SAP does not shield an employee from disciplinary action or guarantee employment or reinstatement with the City. Under certain circumstances, including positive alcohol or drug tests, employees may be required to undergo treatment for substance abuse. If an employee is not discharged, but is allowed to return to duty after such evaluation and/or treatment, he/she must properly follow the rehabilitation program prescribed by the Substance Abuse Professional, must pass the return to duty alcohol and drug test(s), agree to be subject to a minimum of six unannounced follow-up tests for a period of at least 12 months and up to five years from the date of return to duty. It is the City's policy that any employee who refuses treatment when required, or fails to comply with the Individualized Treatment Plan prescribed by the Substance Abuse Professional for treatment, aftercare, or return to duty, shall be subject to disciplinary action, up to and including discharge. M. Additional Alcohol and Drug Information 1. The use of alcohol or drugs can have negative effects on an individual's health, work and personal life. 2. The Signs and Symptoms (except for odor, these are the general signs and symptoms of any depressant substance): • Dulled mental processes; lack of coordination. • Odor of alcohol on breath. • Slurred speech. • Possible constricted pupils. • Slowed reaction time. • Sleepy or stuporous condition. 3. Health Effects: The chronic consumption of alcohol (average of three Original on file in City Manager's Office Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions Page 13 of 15 servings per day of beer [12 ounces], whiskey [1 ounce], or wine [6 ounce glass]) over time may result in the following associated health hazards: • Fatal liver disease. • Kidney disease, pancreatic disease, ulcers • Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant melanoma. • Spontaneous abortion and neonatal mortality. • Birth defects (up to 54 percent of all birth defects are alcohol related). • Decreased sexual functioning. • Dependency (up to 10 percent of people who drink alcohol become physically and/or mentally dependent upon alcohol and can be termed "alcoholic"). 4. The Annual Toll « 24,000 people will die on the highway due to the legally impaired driver. • 12,000 more will die on the highway due to an alcohol - affected driver. « 15,800 will die in non -highway accidents. • 30,000 will die due to alcohol -caused liver damage. • 10,000 will die due to alcohol -induced brain disease or suicide. • Up to another 125,000 die due to alcohol related conditions or accidents. 5. Social Issues: • Two-thirds of all homicides are committed by people who drink prior to the crime. • Alcoholics are 15 times more likely to commit suicide than other segments of the population. • Two to three percent of the driving population is legally drunk at one time (this rate is doubled at night and on weekends). • Two-thirds of all Americans will be involved in an alcohol - related vehicle accident during their lifetime. • The rate of separation and divorce is seven time the average in families with alcohol dependency problems. Original on file in City Manager's Office • Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions Page 14 of 15 • Forty percent of family court cases are alcohol problem - related. More than 60 percent of bums, 40 percent of falls, 69 percent of boating accidents and 76 percent of private aircraft accidents are alcohol -related. 6. Workplace Issues: It takes one hour for the average person (150) pounds to process one serving of an alcoholic beverage from the body. Impairment in coordination and in judgment can be objectively measured with as little as two drinks in the body. A person who is legally intoxicated is six times more likely to have an accident than a sober one. 7. Additional information concerning the effects of alcohol and drug use, and the signs and symptoms of an alcohol or drug problem, will be periodically provided to covered employees and their supervisors/managers. 8. A pamphlet on the City's designated Employee Assistance Program will be provided to covered employees and their supervisors/managers subject to this Policy. 9. Copies of the FTA rules on "Prevention of Prohibited Drug Use and Alcohol Misuse in Transit Operations, 49 CFR Part 655, and the Department of Transportation rule on procedures for Transportation Workplace Drug and Alcohol Testing Programs, 49 CFR Part 40, are available for review in Personnel/Risk Management. The City is providing the information contained or referred to within this Policy to explain the FTA requirements and the City's policies and procedures for meeting these requirements. 10. Employees are urged to request assistance with any drug or alcohol problem before disciplinary action is necessary. If an employee advises the City of a drug or alcohol problem, the employee will be urged to receive counseling and, if appropriate and necessary, and in accordance with the Family Medical Leave Act will be permitted to take accrued paid sick leave, vacation or unpaid leave to receive the recommended treatment. Original on fife in City Manager's Office Title: Alcohol & Drug Policy for Employees Performing City Mass Transit Functions Page 15 of 15 11. Alcohol and drug dependencies are treatable. Employees covered by City -sponsored health insurance have limited coverage for treatment of alcoholism and drug dependency. Any costs associated with treatment that are not covered by insurance will be the responsibility of the employee. 12. Employees who suspect that another employee is in violation of the FTA alcohol and drug rules should immediately report their suspicion, and the basis for it, to their supervisor/manager or to the Risk and Safety Officer, or his/her designee so that appropriate action may be taken, and a potentially unsafe situation avoided. Approved: �•l�le;L J ey L. Miller Date City Manager Original on file in City Manager's Office CERTIFICATE OF RECEIPT I certify that I have received a copy of the City of Tamarac Policy: Alcohol and Policy for, Employees Performing, City Mass and Drug „ Transit Functions, Employee Name (Print) Signature Date N • • Employee Job Title Employee Department To: Re: AUTHORIZATION FOR RELEASE OF DRUG AND ALCOHOL TESTING RECORDS (Applicant Name) (Applicant SSN) The above -named applicant for employment with the City of Tamarac, by signing below, certifies that he or she has not, within the past two years, tested positive or refused to test on any pre -employment drug or alcohol test administered by an employer covered by any U.S. Department of Transportation (DOT) drug and alcohol testing rule. The applicant further authorizes the release of information contained in drug and alcohol testing records maintained during the past two years pursuant to DOT 49 CFR Part 40 necessary to answer the following questions: (Applicant....._igned) Signature) ate ._ .. Yes F1 No Has this person had an alcohol test with a result of 0.04 or higher alcohol concentration? Yes [] No Has this person had verified positive drug test? [I Yes [] No Has this person refused to test (including verified adulterated or substituted drug test result)? Yes [] No Has this person successfully completed a DOT return -to -duty program, including follow-up tests? Signature: Printed Name: Company: Title: Date: iThank you. Please return this form to: City of Tamarac Personnel Department 7525 N.W. 881h Avenue Tamarac, Florida 33321 • T U � n City of Tamarac, Florida a Administrative policy Title: Employee Accident and Incident Effective Date: October 2, 1996 Reporting Policy Revision Date: April 15, 2003 Originating Department: Human Resources Supersedes: All previous and existing / Risk Management memos or administrative policies in conflict Policy Number: 96-20R Page 1 of d A. Purpose: To inform City employees of the Accident and Incident Reporting Policy and explain how it works. B. Policy: _ The City of Tamarac is committed to providing a safe work environment for our employees, our community and the public. This requires a commitment from both management and employees to report and investigate all accidents and incidents as soon as possible after the occurrence. This commitment is crucial in determining the cause, preventing the reoccurrence, and expediting a safe and successful return to work of any employee that has experienced a work related injury or illness, C. Definitions: 1. Accident: An unplanned event resulting in or involving a City of Tamarac employee or City of Tamarac property where there is personal injury, property damage, or where a reasonable likelihood exists that a claim or lawsuit will be filed against the City as a result of the event. 2. Employee Accident or Incident Response Flow Chart: Response sequence to be followed by an Employee and Supervisor when an Accident or Incident occurs. See Flow Chart 1 attached. 0 0 Title: Employee Accident and Incident Reporting Policy Policy Number: 96-20R Page 2 of 4 3. Employee Accident or Incident Report: Report to be completed by the Employee(s) involved in the accident or incident and submitted to the Risk and Safety Office. The report (Form 1 attached) should be submitted for all accidents or incidents no later than the and of the workday or shift (unless prohibited by injury). 4. Employee Injury: An accident or incident in which an employee suffers an injury which may or may not require medical attention or result in lost time or restricted duty. "Volunteers" may also be included as employees. 5. Incident Only: An incident that occurs that does not result in Injury, Illness, Property Damage, or Vehicle/Equipment Damage. (Sometimes referred to as a "near miss" incident.) 6. Occupational Exposure to Infectious Disease Report: Employee Report to be completed and submitted to the Risk and Safety Office for all Occupational Infectious Disease exposure accidents or incidents. The report (Form 2 attached) shall be submitted no later than the end of the workday or shift (unless prohibited by injury). The City will follow Broward County's "Recommended Guidelines for Occupational Exposures to Infectious Disease" and the South Florida Regional "Common EMS Protocols" with advisement from the City's Medical Director. 7. Property Damage: Damage to City property by non -collision accidents or incidents involving building, contents, off road equipment, heavy equipment, tools, or other items used to perform tasks. 8. Supervisor's Accident/incident Investigation Report: Report to be completed by the employee's immediate supervisor and submitted to the Risk and Safety Office within 48 hours for all accidents and incidents. See Form 3 attached. 9. Vehicle/Equipment Damage: Damage to a City Vehicle or piece of City equipment involving a collision or contact between a City vehicle and another vehicle, equipment, property, or a person resulting in damage or injury. 10. Witness Statement: Report to be completed by witnesses of the accident or incident and submitted to the Risk and Safety Office with the Supervisor's Accident Investigation Report within 48 hours for all incidents. See Form 4 attached. r� Title: Employee Accident and Incident Reporting Policy Page 3 of 4 Policy Number: 96-20R D. General Procedures Accid nt/lncident Re ortin (all accidents or incidents including injury, property damage, vehicle damage, and equipment damage as defined in Section C above): Response Flaw: Follow "Employee Accident/incident Response Flow" Chart (See attached Flow Chart 1), Initial: Verbal notification of accident or incident to immediate Supervisor and Risk Management as soon as possible, but no longer than one (1) hour of occurrence. Written: Completed "Employee Accident/Incident Report" or "Infectious Disease Exposure Report" and "Supervisor's Accident/Incident Investigation Report". These reports F rm 1 or Form 2, and Form 3 attached) should be submitted to the Risk & Safety Office within the appropriate time frames. A "Witness Statement Report" shall also be completed by any witnesses, if appropriate (See Form 4 attached). E. Responsibilities_ All accidents regardless of severity, must be reported! Em to ee: Make "Initial" verbal notification as described above as soon as possible, but no longer than one (1) hour of the accident. Complete the Employee Accident/Incident Report Form 1) no later than the end of the workday or shift (unless prohibited by injury). Su ervisor: Upon notification of accident or incident, immediately contact Risk Management to ensure "Initial" verbal notification as soon as possible, but no longer than one (1) hour of occurrence. Investigate the accident or incident and ensure that the "Written" reports (Employee, Supervisor's and Witness Reports) are completed and submitted within the appropriate time frames. All reports (Form 1 or Form 2, Form 4 and Form4) shall be completed and in to Risk Management within 48 hours. Risk Mana ement: Upon notification, Risk Management will track the accident or incident and ensure the following: 0 Compliance with City Alcohol and Drug -Free Workplace Policy • Adequate Medical Care and follow-up care (if needed) • Adequate reporting to Insurance Carrier 0 Compliance with all applicable Local, State and/or Federal reporting IL requirements Title: Employee Accident and Incident Reporting Policy Page 4 of 4 Policy Number: 9620R F. Discipline: Failure to make notifications by the employee or supervisor within specific time frames of this policy may result in disciplinary action up to and including termination. Approved: G` 1*17i 43 21 ) D3 Jeffre . Mi er Date City Manager Ah M M City of Tamarac Em to ee Accident/Incident Response Flow Chart AWJfttJlnci6K Iqw* ftpaq a'llv1--- -qu 1- Damp oe a #SA If Injury or Property Damage: Employee seeks treatment or calls 911 as appropriate to Life and or Health, Dial 911 and seek medical assistance #Q Employee Notifies Supervisor (verbally) Immediately #4 Supervisor Notifies Risk and Safety Manager (Immediately) by phone or pager and indicates reasonable suspicion for drug test if necessary 45 Risk authorizes medical treatments (if necessary) #B Supervisor begins the Accident/Incident Investigation #7 Following Treatment, Employee Returns to Supervisor with "Work Status Report" #9 Employee/Supervisor completes Employee Incident Report, Supervisor's Investigation, and Witness Statements (as appropriate) #SB If Vehicle Accident; Call 911 for Local Police #8 If anything other than a Full Duty Release coordinate with Risk & Safety Manager #10 Supervisor Faxes Reports to Risk &Safety + `� Fax Copy and Serid Original to Risk & Safety, Im ortant Information; Keep Copy in Dept. 1) Risk & S f t Phone = (954)-754-1848 Risk_&_Safety Manager Pager = (964)_875-0014 9) Medical Treatment should be at US HealthWorhs,8290 N. University Drive, Tamarac (954)-72$-7188 Unless Immediately Dangerous to Life and or Health or Occupational Infectious Disease Exposure Follow-up Medical care and treatment will be through US HealthWorks or the designated treating physician Flow Charti,xis 4/17/2003 CITY OF TAMARAC EMPLOYEE'S FIRST REPORT OF ACCIDENT/INCIDENT (Please Print or Type and Check All Boxes that Apply) IYPE OF INCIDENT; DInjury 13Property Damage El Vehicle/Equipment Damage ❑Incident Only BACKGROUND INFORMATION 1. Name: s. SS #: S. DOB: 4. Home Address- S. City: e. State: 7. Zip- S. Tele hone #: a. Date ofliire: 10. Sex: 11. Dept: 12. Supervisor; 19'. Job Title: 14. Employee's Work Address: /F ACCIDENT/INCIDENT DTA 1S. Date of Incident: s���IITLflncident- I8Location oof Accident/Incident (addresname of building): 19. Area of Accident/Incident i.e. bathroom : 20. Description of Accident/Incident: (attach additional sheets if necessary). Please include any information on how we T2y prevera a similar occurrence in the future. 21. Did you receive medical treatments' Y / N Yes, Where? If Not. NY AUTO ACCIDENT INFORMATION as. License Plate: 24. Year: 25. Make: I n. Niodel: 47. Police Case# 28. Awned or Leased Circle C 29.. "X"Areas of Front: L/Front: R/Front: R/Side: L/Side: Rear: R/Rear: Dania e: DRIVER AND PASSENGER INFORMATION 80. Driver's Lie. No.: I81. State: I s£. Expires: I is. DOH: ss. Passenger Name: se. Emp. No./Dept.: 37. Employee/Citizen: 58. Address. WITNESS INFORMATION 1 Name: $ Name: Employee's Signature _ Supervisor's Signature. Forml Employee If AP PIicab1e Phone: Phone: Date: Date: L/Rear: 54. Lic. Type: 3P'4/03 LJ Agency Name: Exposure Date: Exposure Time: rase/Alarm. Run or Report #: Exposure Location: 4M. t Name: - First Name: i•Iome Addre.s: t City, ST. Zip: Middle Initial: Home Phone: Work Phone: Extension: Employer Name: Date of Birth: SSN: Employment Category (check one): EMS ❑Firelighter ❑ Lain Enforcement ❑Other ftipecify) Any Previous Exposures'? �`es 1`0 Source Reperts History of (check as manv as apply): HIWAIDS ❑ Hepatitis A ❑ B ❑ C n Meningococral Infection El TB ❑ Varicella (chicken pox/ hingles) (] Other ❑ Source Last dame., First Name: ti4idldle Initial: Horne Address: City, ST. Zip: home Phone: Work Phone: Extension: Race: \White Black Am. Indian/Alaska dative Asian/Pac Island -WO Other Ej Ethnicity: Hispanic lion -Hispanic Date of Birth: Place of Binh: Gender: Mule Female Occupation: P•P.�� l .What were you in contact with (check as; many as apply): Blood Feces ❑ Saliva [ Sputum ❑ Cough spray ❑ l'ettrs Urine Vomit Amniotic fluid Other (describe What was the mctlte�d of contact rche ck all that apply): [Mick ur Bite 0 Intentional Splash by blood or Blood or NN1% fluid arps injury ❑ body tluids ❑ into wound. >arc or rash < 24 hrs old ❑ Contaminated object (Specify) gthar (s ecirv) Stte of ctmtuct (list all body areas exposed(: 4_ How did the exposure occur' (be specific): 5. Was personal protective equipment being used at the time of the exposure? Yes No If Yes, what was used? Gloves ❑ Tvvex slee%vs Eve protectian ❑ tilask Other (] (s cif�'1 b. What immediarz action uas taken in response to the exposure to remove the contamination? La Waxhing/handw•ashin Eve/no;ehnouth flush Other (s ecifv): .a s . Did you seek medical sutetttinit? Yes Lj No If Yes, Date: Time: Location: Medical Facility Nanle: Date of arrival at facility: Ti ofof arrival: Testing (check all that apply): Baseline PPD Chest X Ray Was treatment provided? Yes U No U. If 1'es, specify: Was medication given? YPs Na . If Yes, specify: V'as medication prescribed:' Yes No . If Yes, specify: Follow-up? E�Ivee Signattre: Sweat ❑ I Blood or body ilui'd iota wound, tiUPc or rash 24 hrx old ❑ Attending Phvstcian. _ Number of hours elapsed from exposure: Acute HEP Panel (HAV/HBV/HCV) D HIV El RPR Date Si=ne►1: m kantro� v111cer/I7esignee Signature: Date Signed: Infection Control Number (Assigned By M.E. Office) Copy To: Employer 1.Employee_ I Risk Management _ I Medical Examiner,,;_' SUPERVISOR'S ACCIDENT/INCIDENT INVESTIGATION REPORT 1. DEP. �....� i. ON ULPI OYES 8. CJPERSONAL IN MY/ ILLNESS OR [IINCIDENT ONLY 10. N.4AIE 19. JOB TITLE 1x M NATURE OF TNTrrnv no rr r T.W. s. VEMCLE/BUILDING 'S PREMISES S. DATE OF c, T (]NO OCCL?IRENCE 9. []PROPERTY DAM.AGE OR [3VEHIC1.E/EQUIPNIENT 1 1. PROPERTY DAMAGE D# 1i. ESTIAiATED COSTS i 19. PART aF BODY: 7. DA' E R P IN Q P A C N / N T BASED ON YOUR INTERVIEW WITH THE EMPLOYEE, DESCRIBE WHAT TOOK PLACE. PLEASE INCLUDE THE MATERIALS, EQUIPMENT, PEOPLE AND ENVIRONMENT INVOLVED, ADD ANY ADDITIONAL DETAILS THAT YOU ARE AWARE OF. IF VEHICLE ACCIDENT COMPI.K'TF mir.nitt nv Drvrecn AANALYS_IS, QUESTION (WHO -WHAT -WHEN -WHERE -WHY -HOW) EACH OPERATING FACTOR AND THE CONTROLS INVOLVED. DESCRIBE EACH AREA OF - IMPROVEMENT CONTRIBUTING TO THE LOSS. DESCRIBE WHICH CONTROLS REQUIRE ADDITIONAL ATTE PREVENTION IO:V D WHAT CIO HAS OR WILL BE TAKEN TO PREVENT RECURRENCE, IWSTIGATED BY (Please Sign) DATE DEPARTMENT DIRECTOR OR DATE DESIGNEE IN�'ES L IGATED BY (Please Print) RISK NIANAGEMENT REVIEW I DATE r UMN q `may ACCIDENT/ INCIDENT WITNESS % I STATEMENT TYPE OF INCIDENT: ❑Injury 01'roperty Damage ,❑ Vehicle / Equipment Damage ❑Incident Only I. Employee/Citizen Involved: s. Incident Date: S. Time of Incident: WITNESS BACKGROUND INFORMATION 4. Name: S. City of Tamarac Employee: Y / N a. Home Address: 7. City: s. State: 10. Dept (If City Employee): i 1. Supervisor: 11.'rob Title: 13. Address Employee Works Out of: ACCIDENT/INCIDENT DATA 14. Location of Accident/Incident (address/name of building): 15. Area of Accident/Incident (i.e. bathroom): I 6-Describe in detail exactly W at you saw (If necessary attach separate sheet); 17. Describe 18. What were you or pro erty damage sustained the accident/incident occurred? about�prt(s) or property a 19. What was your location in relation to the injured person or the property damage? (ex. 5-e feet away, within S feet, etc.) 20. Please list suggestions to help prevent future incidents of this type (Please include specific people, equipment, materials, or environmental items that are annlicahlPl ttness (Sign): Date: 'fitness (Print): Submitted by: Department: Date: Forma witness 3,T4103 • �J Title: Workplace Violence Policy City of Tamarac, Florida Administrative Policy Effective Date: May 1, 1996 Originating Department: Risk Management Supersedes: All Previous and Existing Memos or Administrative Policies In Conflict Policy Number: 96-11 Page 1 of —L PURPOSE: To Inform City employees of Workplace Violence Policy and how it works POLICY: Workplace Violence Policy lntrodUCtion Managing critical workplace incidents, primarily those dealing with actual or potential violence, is a top organization priority. These are among the most sensitive issues faced by managers. These issuesalso generally involve delicate balances between rights, responsibilities and compelling organizational needs such as employee and public safety and the continued performance of required duties. For these reasons, the City of Tamarac is committed to providing a coordinated and rapid response to such incidents. General P JicK Violence, or the threat of violence, has no place in any of the City's work locations. It is the policy of the City that no act of employee workplace violence or threats of violence will be allowed or tolerated. It is the shared obligation of all employees, law enforcement agencies, and employee organizations to individually and jointly act to prevent or defuse actual or implied violent behavior at work. Violence, or the threat of violence, by or against any employee of the City of Tamarac or other person is unacceptable and contrary to the City's policy, and will subject the perpetrator to serious disciplinary action and possible criminal charges. The City will work with law enforcement to aid in the prosecution of anyone within or outside of the organization who commits violent acts against employees. • • • Workplace Violence Policy Page -2L of AL Possession, use, or threat of use of a deadly weapon, including all firearms, is not permitted at work, or on City property, or in City vehicles in the absence of written approval of the City Manager. No employee acting in good faith, who reports real or implied violent behavior will be subject to retaliation or harassment based upon their report. Yklence in_the Workplace Coordination When any employee observes an act of violence in the workplace the following steps must be taken: As with any other emergency involving fire, violence, or medical incidents - call 911 and report as many details as possible so that the appropriate emergency response units can be dispatched; or... 2. NEXT STEP - Immediately contact... - the Department Director/Manager/Supervisor involved - the Personnel Director - the Risk Manager The Personnel Director or designee is the Workplace Critical Incident Coordinator. The Personnel Director may be contacted at any time and will ensure that resources such as Employee Assistance Program (EAP), Employee Benefits, and others as needed are coordinated in their support and response. Ggidalines for Mapggers It is understood that the actions of a manager of other employees will be dependent on the seriousness of the situation and the nature of an altercation. However, consistent with personal safety, managers and supervisors have a responsibility to make a good faith effort to defuse violent or potentially violent situations as quickly as possible in order to prevent their escalation and creating a threat to others. In general... 1. Do not allow a verbal altercation to escalate into something more serious. 2. When confronted with an assault situation between two employees, the supervisor must make a reasonable effort to separate the employees involved, unless to do so will endanger themselves unnecessarily. Caution and reasonable discretion in these situations would dictate whether to take individual action or to seek assistance to separate the employees. rkplace Violence Policy Page-2— ©f _ 3. If the employees cannot be separated, call 911 and follow the steps previously described. 4. Contact the appropriate Department Director/Manager/Supervisor and the Personnel Director or designee. 5. Once the situation is controlled, interview all persons involved separately. If there are witnesses to the assault who could provide eyewitness testimony, statements should be obtained from them as soon as possible after the incident. The absence of documentation of physical assaults many times result in the reversal of management initiated corrective action, due to inability to support management position with preponderant evidence. Document the statements of witnesses and others interviewed In written form. Those involved in an altercation and those who are possible subjects of future disciplinary action based on the incident - have the right to be represented during the interview. If such representation is denied or questioning continues after representation has been requested, subsequent disciplinary action could be overturned or modified on appeal. It may be necessary to postpone an interview in such cases for a representative to be available. By contacting Personnel, advice and assistance in this process will be provided. If the situation is serious enough that possible termination may be involved and/or the continued presence of an employee at the work site would 'not be appropriate given the altercation, or particular circumstances, an employee may be immediately suspended mdh pay and ordered not to return to the work site until further advised. This action is unusual, but may be taken with Director/Manager/Supervisor concurrence, following consultation with the Personnel Department Director or designee. Most workplace altercations, including minor ones involving only verbal exchanges, justify appropriate disciplinary action through the use of the City's disciplinary policies. At any time during the review of an altercation, the Personnel Director or designee will be available for assistance upon request. is • 0 Title: Workplace Violence Policy I Page -A—.of .L WARNING SIGNS OF EMPLOYEES AT RISK FOR VIOLENCE • History of violence or suicide attempts • Intimidates others • Blames others for problems (Employer, supervisor, spouse, co-workers) • Strong interest in guns and weapons • Arguments with co-workers • Sudden change in behavior or habits • Poor self-esteem • Unstable family life • Loner • Fascination with the military or law enforcement • Suspicious of others • Loss of job or demotion • Increased accidents on the job • Absenteeism/tardiness at work. • Drug abuse including alcohol Approved: YVyy1t_0._ R.S. Noe City Manager Date Title: Workplace Violence Policy Page.,,, -of,,,,, The City of Tamarac is committed to providing a safe work environment for the employees, the community and the public. With the cooperation and assistance of the employees, the City is implementing a program designed to provide a safe workplace environment. I certify that I have received a copy of the City of Tamarac's Policy: Ylglence In e Workplace Policy for my review. Employee Name (Print) Signature Date Employee Job Title Employee Department SupervisorMitness Title: City of Tamarac, Florida Administrative Policy Employee Assistance Program Effective Date: May 131 1996 Originating Department: Personnel Policy Number; 96-14 All previous and existing Supersedes: policies in conflict Page: _. I of — 2 -.._ PURPOSE: Utilization of the Employee Assistance Program In the City of Tamarac. POLICY: A. General Provisions: The City of Tamarac recognizes the potential adverse impact of unresolved personal problems on employee well-being and on employee performance in the workplace. Therefore, an Employee Assistance Program (EAP) is made available to all regular full-time and regular part-time employees and their immediate family members. The EAP provides professional, confidential assistance for most personal problems. Typical problems which can be addressed through EAP include stress, marital or family concerns, emotional distress, alcoholism, drug abuse or financial problems. Voluntary use of the EAP is confidential. As such, employee participation in the EAP will not jeopardize an employee's job or promotional. opportunities. Participation In the EAP does not relieve an employee of his or her responsibility to meet accepted job performance and attendance standards. There is no cost to employees to use the EAR If the solution to the problem requires medical attention and/or hospitalization, charges not covered by City's health insurance benefits are the responsibility of the employee. If a referral is made from the EAP to an outside counseling resource or treatment facility, costs incurred will be reimbursable only in accordance with the provisions of the City's insurance plan for covered City employees and families. Employees covered by the City's health insurance plan may access mental health and substance abuse inpatient and outpatient care independently of the EAR • Title: Employee Assistance Program Page: _.. 2 of _ 2, _^ C. D. Procedures for EAP 1. Self Referral: An employee, or eligible dependent, who desires confidential assistance should contact: PSYCHCARE at 800-221-5487. 2. fiwendagr Referral* Supervisors may refer an employee to the EAP after consulting with the Department Director, and the Personnel Director or designee when: a. A request for assistance is made by an employee. When such a request is made, the Supervisor, Department Director or Personnel Department representative may make the employee aware of the professional assistance available through the EAP. b. A particular on-the-job incident indicates the possible presence of a problem. C. The employee's overall performance has declined. The EAP should be offered to the employee as a resource in addressing any personal issues that may be impairing successful performance of job duties. 3. MandatgCg Beferral: Mandatory referrals are in response to a mandated directive in which the employee must use EAP and correct performance problems in order to retain his or her job. Mandatory referrals may be made in connection with a positive drug test or other serious offenses, when appropriate. With the employee's written permission, the EAP will keep the City informed about employee's participation and completion of the treatment program. j 4. Referral or use of the EAP does not preclude appropriate disciplinary action when it is warranted. Time Off for EAP Sessions: Employee counseling sessions with an EAP counselor should be scheduled to take place on the employee's own time, or subject to existing leave policies. Confidentiality: Any counseling conducted through the EAP is in the strictest confidence and no information will be provided to the employer without the participant's written consent. Approved: _VVVY_\41 R. S. Noe Date City Manager City of Tamarac, Florida Administrative Policy Title: Motor Vehicle Operation and Effective Date: December 22, 2004 Safety Policy Originating Department: Supersedes: All previous and existing Human Resources/ Risk Management memos or administrative policies in conflict Policy Number: 96-16R Page 1 of 7 I. Purpose: To provide a uniform City of Tamarac motor vehicle operation and safety policy that: • Promotes the safety of drivers and passengers while conducting City business; • Promotes the safe operation of City -owned and/or leased vehicles while conducting City business; • Minimizes losses, damages, and claims against the City of Tamarac; and • Defines the operating guidelines and safe driving practices for City employees. II. Definitions: Cily Driver — Any part-time, temporary, or full-time employees driving a vehicle on City business in the normal course of their day. CityVehicle — Any City -owned, operated, leased, or rented self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guide way, excluding vehicles moved solely by human power as defined by Florida Statute 316. Commercial Motor Vehicle — A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle meets the criteria defined in 49 CFR (Code of Federal Regulation) 382. De a ment of Transportation (DOT) — A U.S. government agency which has jurisdiction over matters of all modes of transportation. Title: Motor Vehicle Operation and Safety Policy Policy Number: 96-16R Page 2 of 7 Florida Financial Responsibility Law -- This Florida Statute requires owners and operators of motor vehicles to be financially responsible for damages and/or injuries they may cause to others when a motor vehicle crash occurs. Florida No Fault Law —This Florida Statute requires anyone who owns a registered motor vehicle with four (4) or more wheels that has been in the state for at least 90 days or non-consecutive days during the past 365 days, to purchase an insurance policy delivered or issued for delivery in Florida. Job Applicants -- For the purposes of this policy, a Job Applicant is someone who has applied for and been offered a position which requires a pre -employment drug test. Motor Vehicle Record MVR — Driver identification/status information and actual information relating to drivers license actions such as withdrawals, convictions, crashes, and correspondence. This is a document produced by the State of Florida. These records can be pulled across the United States for up to the last seven (7) years of a driver's history. Operator - Any person who is in actual physical control of a City vehicle, or who is exercising control over or steering a vehicle on City business. Pool Vehicle — General purpose vehicle assigned to a pool Meet to be used on a request basis, as needed. III. Policy: City vehicles and equipment shall be operated in a safe and responsible manner. All vehicle operators are responsible for possessing and maintaining a valid State of Florida driver's license. Additional requirements may be applicable by federal and state law for operators of specialized vehicles such as buses, emergency apparatus, commercial motor vehicles, and heavy equipment. Drivers must report on-the-job accidents immediately, attend driver safety training programs, and ensure that the vehicles they operate have received routine maintenance service. It shall be the responsibility of the Department Director or designee to see that all employees are properly trained and to monitor the driver's license status for their department. IV. Procedures: A. Recruitment: The City's job application process requires the applicant to indicate whether or not he/she possesses a driver's'license, the license type, the endorsement code (if any), the state where the license is issued, and the expiration date. Title: Motor Vehicle Operation and Safety Policy Policy Number: 96-16R Page 3 of 7 If the position requires driving or the operation of equipment, the Human Resources Department will verify the selected candidate possesses the required license and endorsements. Upon signing a Conditional Offer of Employment, the prospective employee will be provided with a copy of the City's Motor Vehicle Operation and Safety Policy and asked to complete a Request for Authority to Operate a City Vehicle form, indicating his/her traffic violation convictions within the last seven years. The Department Head will review the driving history and sign the Request for Authority to Operate a City Vehicle. A copy of each request will be maintained in the Human Resources (HR) Department along with a photo copy of each authorized operator's driver's license. B. Job_ Requirements: All drivers' positions have a written job description which includes their main duties, essential functions, and the necessary physical requirements required to perform all associated driving tasks. Job applicants given a conditional offer will be required to undergo a physical evaluation as required by position and the essential functions of their job. This may include a Department of Transportation (DOT) physical evaluation as well, depending on the position. C. Operation & Use of City Vehicles: Permission to operate a City vehicle is a privilege, not a right. City -owned vehicles are to be operated in a safe, responsible manner at all times. It is the employee's responsibility to maintain 'a valid State of Florida driver's license and abide by all Federal regulations and the requirements of the Florida Statutes. Employee responsibilities are as follows: 1) City drivers are required to operate City vehicles in a safe, responsible and courteous manner at all times while driving. 2) City drivers must obey all traffic laws and regulations as defined by the State of Florida as well as departmental rules for public safety at all times. 3) City drivers and passengers are required to wear seat belts at all times, in accordance with Florida State Laws, 4) City drivers shall operate the vehicle in a manner that ensures maximum life expectancy of the vehicle. 5) No smoking is permitted in City vehicles. Irresponsible use of a City Vehicle may result in a revocation of driving privileges of any City vehicle and disciplinary action, up to and including termination. Irresponsible use may include, but is not limited to: Title: Motor Vehicle Operation and Safety Policy Policy Number: 96-16R Page 4 of 7 1) Speeding; 2) Reckless operation or discourteous use of a City vehicle; 3) Operating a City vehicle while under the influence of alcoholic beverages and/or a controlled substance; 4) Driving without a valid license; 5) Violation of any City, State, Federal vehicle or traffic regulation; 6) Failure to properly report vehicle damage or a vehicle accident/incident; or 7) Inappropriate use of a City vehicle as otherwise defined in this policy. D. Reporting, of Drivers License Issues: Employees authorized to drive City vehicles are required to immediately inform their supervisor if their license becomes cancelled, invalid; expired, restricted, suspended, or revoked. Failure of an employee to notify their supervisor may result in disciplinary action, up to and including termination. The supervisor will in turn notify the Department Director and the Risk and Safety Manager of the employee's cancelled, invalid, expired, restricted, suspended, or revoked license status before the close of business that day. E. Accid n Incident Regorting and Inves i i n: All accidents/incidents involving a City vehicle regardless of severity must be reported according to the Accident/Incident Reporting and Investigation Policy 96R-20. In the event of a vehicle accident, a Police Report report must also be obtained. F. Personal Use of a City Vehicle: City vehicles shall only be used for purposes relating to City business unless prior authorization is granted by the Department Director or designee. The Department Director may authorize limited use for personal errands under extenuating circumstances only. G. Persons other than City Employees in City Vehicles: Persons other than City Employees may be passengers in City vehicles in the following circumstances, and with the knowledge and approval of the Department Director or designee: 1) When such persons are official guests of the City; 2) When required for the conduct of official City business; or 3) In any other case when specific approval is granted in advance by the Department Director or designee. H. P r onal Vehi le Usage -for Q11y Business: Use of personal vehicles on City business is permissible only when authorized by the Department Director or designee. Mileage reimbursement Title: Motor Vehicle Operation and Safety Policy Policy Number: 96-16R Page 5 of 7 will be made in accordance with City of Tamarac Travel Policy — Expense 95- 01 R, as amended. Any employee authorized to drive their personal vehicle on City business is required to maintain the minimum insurance to meet the State of Florida "Financial Responsibility Law" and the "No -Fault Law." I. Authorized Use of -City Vehicles After Hours: City vehicles will normally be kept overnight on City property. The assignment of a City Vehicle to an employee on a 24-hour basis for an extended period of time (one week or longer) may only be approved by the City Manager in accordance with Take -Home Vehicle Policy 98-01. The Risk and Safety Manager should be copied on the correspondence. Vehicles may be temporarily assigned by the Department Director to be driven either after hours or to and from home when City business dictates such usage. This includes specific on -call procedures used by departments. Only City employees may operate City vehicles. City vehicles authorized to be driven to the employee's residence should be parked either in a garage, private driveway, or otherwise safe and secure place. The vehicle should not be parked in a roadway or anywhere that it may suffer damage or violate. codes or ordinances. J. Driver Training: Driver training may be required for employees as deemed appropriate or necessary. These programs will be administered and coordinated by the Human Resources Department Risk and Safety Division and the respective departments City-wide. K. Modification of Authorization of Driving Privileges: The City may suspend or restrict an employee's authorized driving privileges as necessary. Reasons for a suspension or restriction might include but not be limited to the following: 1) Receipt of notification that an employee's license has become cancelled, invalid, expired, restricted, suspended, or revoked; 2) Receipt of a positive confirmed drug test result stating the employee has tested positive for a drug and/or alcohol; 3) Receipt of notification that an employee has been charged and convicted of three (3) accidents within 36 months (regardless of the driver school option); 4) Receipt of official notification of reckless operation of a City -owned vehicle by an employee. Depending on the severity and duration of the infraction, the City may take 1 disciplinary action. If the infraction interferes with the employee's ability to Title: Motor Vehicle Operation and Safety Policy Policy Number: 96-16R Page 6 of 7 meet or maintain those items listed in his/her job requirements (i.e. maintaining a valid Commercial Driver's License), the employee will be subject to disciplinary action, up to and including termination. L. Preventative Maintenance and Vehicle Inspection: Vehicles should be driven without abuse to ensure, the full life expectancy of the vehicle. They shall also be used in a manner that minimizes fuel consumption. All routine motor vehicle maintenance will be done according to the manufacturer's specifications. Employees are required to conduct pre -trip vehicle inspections as part of preventative maintenance. The vehicle inspection addresses maintenance and safety issues of the mechanical function of the vehicle. A pre -trip inspection should be conducted with CDL vehicles each day by the driver. The walk -around inspection checklist should used by the driver and kept on file. Copies of the inspection checklist can be obtained in Human Resources/Risk Management Division. Operators of City vehicles should not make any modifications or repairs to City vehicles themselves. If a mechanical problem arises, the vehicle should be secured in a safe area and Public Works Fleet Services should be contacted immediately. If a mechanical problem or concern arises when the employee is traveling outside of the City, or during off hours, the. employee's direct supervisor should be contacted, who in turn should contact Fleet Services. M. Records Maintenance: Any MVR's, license information, incident or accident reports and support material will be maintained in the appropriate division of Human Resources according to the State of Florida General Records Schedule GS1-L. MVR's may be requested at any time and reviewed by the Risk Management Division. In addition, driver's license expiration status will be reviewed by Risk Management. The City will determine if an MVR is unsatisfactory. N. Incentive Program: The City may offer an incentive program to reward employees that demonstrate good defensive driving practices and that drive "accident - incident free" for defined periods of time. O. Pool Vehicles: Pool Vehicles shall be used and maintained by City drivers according to the procedures in this policy and any as delineated in their department policies. Pool vehicles should be signed out and a log book should be maintained and kept with the vehicle as to mileage in, mileage out, name and department of No Text Pemonnel Manual Electronic Mail Administrative Policy Revised 12/02/04 9 ELECTRONIC MAIL ADMINISTRATIVE POLICY A. PURPOSE: The purpose of this Administrative Policy is to establish guidelines and procedures relating to the use of the City's Electronic Mail (E-mail) system and archival procedures implemented and administered by the Information Technology Department. E-mail is a feature of computer networks designed to facilitate the timely sharing and transmittal of information. B. POLICY: All information generated in the City's E-mail system is available for public access under the Florida Public Records Law. Employees shall have no expectation of privacy when using any function of the City's E-mail system. Employees are encouraged to use the E-mail system for business purposes only. C. OVERVIEW: All E-mail items are available to users through their in box and out box for a period of six months. As soon as items meet the six month date criteria, they will be placed in the Trash. These items will then be automatically emptied from the Trash two weeks later. Calendar appointments, tasks and notes will not be affected by this procedure. NO E-MAIL ITEMS ARE TO BE ARCHIVED PLACED DELETED INTO THE TRASH OR EMPTIED BY THE USER UNLESS SPECIFICALLY DIRECTED BY THE IT DEPARTMENT. This will ensure that all E-mail system information will be retrievable by the user or the City according to the Florida Public Records Law. The term "E-mail items" or "E-mail information", for the purposes of this document, refers to anything generated in the City's E-mail system such as mail sent or received, meetings scheduled, tasks, notes, phone messages and calendar entries. The E-mail system will be set to delete and empty items after the specified period of time. The trash option for all users will be set to "Manual Empty". This will ensure that items cannot be purged automatically. These options cannot be overridden by the user. Cl ;of'Tamarac Per$onnei 1 in6ai Page 1 ersonnel Manual Electronic.Mail Administrative Policy Revised 12/02/04 D. EMPLOYEE GUIDELINES FOR THE USE OF THE ELECTRONIC MAIL Q* SYSTEM AND ARCHIVAL PROCEDURES: E-mail messages should be treated with the same restraint and caution as a formal memorandum. Existing guidelines relating to proper conduct as a City employee shall be adhered to when using the E-mail system as well. Folders should be created to organize or store completed items leaving the current in box or out box uncluttered for incoming and outgoing messages. All user account trash options are set to "Manual Empty". This means the only way for items to be deleted is for the user to purposely put items into and then empty their trash. Users shall not archive, delete or empty any items manually in the E-mail system, unless specifically directed by the IT Department. Items in the in box and out box will be automatically deleted and emptied after the specified period of time. Users will have up to six months information available to them through their in box and out box. E-mail messages which need to be kept for a longer period of time can be saved to an ASCII file which is accessible through word processing. Each user is responsible for reading E-mail messages sent to them in a timely manner. Procedures can be established in the user's E-mail account so that when a user is away from the office, responses can be sent back to the sender soor the messages can be forwarded for handling. Manual Paae 2 Personnel Manual Internet Administrative Polic Revised 12/02/04 • INTERNET ADMINISTRATIVE POLICY C� A. PURPOSE: Provide an efficient, cost effective, secure and standardized procedure for the City's officials and employees to access the Internet. B. POLICY: The resources available to City of Tamarac employees from Internet services and E-mail will be used to further the goals and objectives of the City. The City Manager or designee will have the responsibility and authority to approve the posting of information on behalf of the City on the Internet to meet the following goals and objectives: 1. Economic Development. The City's presence on the World Wide Web will provide information to current and potential visitors and residents that will favorably market our City and community for the purposes of economic development. 2. Policy Development and Decision Making. The use of Internet E-mail and other news services will provide employees with electronic access to research material, technical and professional information. This immediate access to information, ranging from local to international, will allow more informed decision making. 3. Conservation Efforts. The use of the Internet for data gathering and research can reduce the consumption of paper and fossil fuels and reduce traffic congestion, by allowing employees to gather information electronically. 4. Participatory Democracy. The Use of Internet E-mail and the City's presence on the World Wide Web will encourage citizen involvement in and understanding of local issues. Two-way communication between local elected officials and designated staff and citizens will provide a forum for discussion and decision making. 5. Service Delivery. The City's infrastructure and access to the Internet will be used to provide service of the highest quality to citizens and constituents; provide efficient, cost effective' communications; and promote and facilitate innovation in providing services and information to the Tamarac community. Page 1 • 11 Personnel Manual Internet Administrative Policy Revised 12/02/04 C. AUTHORIZED USE: This policy applies to use of the Internet utilizing the City authorized ID thereby covering the employees' representation of the City. In general, City employees have an obligation to use their access to the Internet in a responsible and informed way, conforming to network etiquette, customs and courtesies, and representing the City in a positive manner. Use of the Internet by City employees constitutes acknowledgment of this policy. Employees are further required to sign a copy of this policy prior to Internet access and comply with the provisions included in this policy, as well as those in other policies that relate to the topics included. 1. Prohibited use of the Internet includes, but is not limited to, the following: • Illegal activities, • Threats, • Harassment, • Slander, • Defamation, • Obscene or suggestive images or offensive graphical images, • Political endorsements, • Commercial activities • Participation in chat rooms (excluding professional "bulletin boards") • Using non -business software including games or entertainment software, and • Activities resulting in, or relating to, personal gain or for profit enterprise. 2. Performance of Job Responsibilities. Employees should use the Internet to accomplish job responsibilities more effectively and for business and work -related communication only. Examples of job related responsibilities are: accessing external databases, searching online public access information, disseminating documents to individuals or groups, participating in electronic mail discussion groups on job related topics, and gaining access to software user support information. 3. Professional Development. The Internet may be used to pursue professional and career development goals. Examples of appropriate use include: communicating with members of work -related professional organizations, collaborating on articles and other writing, reviewing information on professional or career development topics. 4. Privacy and Confidential Information. Employees shall keep their passwords confidential, changing passwords when necessary, to ensure confidentiality. Employees must discontinue their Internet connection when leaving their PC. Employees will have no expectation of privacy in both sending and receiving electronic messages and information on the Internet. Employees on the Internet will respect the privacy of other users . tn'ar�ae Pirsonn, 1 Manuall Pane 2 Personnel Manual Internet Administrative Policy Revised 12/02/04 and will not intentionally seek information on, obtain copies of, or modify files, other data or passwords belonging to other users, or represent themselves as another user. Internet E-Mail is not necessarily a secure communication network, and privileged information sent via the Internet could potentially be read by others. Employees must follow City policies and procedures regarding the distribution of confidential City information. 5. Copyright Laws. Employees must comply with copyright and licensing laws for materials, software and other media. In addition, employees should obtain appropriate approval prior to making information available via Internet services or E-mail. 6. Security. Employees are prohibited from developing programs that harass other users or infiltrate a computer or computing system or that damage or alter software components of a computer or computing system. Employees aware of security breaches or problems are required to notify the IT Director immediately. 7. Lawfulness. Transmitting any material in violation of any U.S., State or local law, ordinance, regulation or policy is prohibited. This policy prohibits unlawful or inappropriate communications, including but not limited to sexually, racially, or ethnically offensive comments, jokes, slurs, disparagement of, or threats to others. 8. Virus Protection. IT Department shall ensure virus protection is installed on all employee PC's who have Internet access. Employees shall at all 40 times maintain active virus detection software in their PC's. All downloaded files regardless of the source shall be virus scanned and any suspicious e-mail shall be deleted from the PC without opening. D. VIOLATION OF POLICY: Violations of this policy may result in termination of access to the Internet, and may also result in disciplinary or legal action up to and including termination of employment, and/or criminal or civil penalties or other legal action against the employee. 49 7CV0,fi!1#0ac Personnel Manual Page 3 Personnel Manual Revised 12/02/04 M Certificate of Receipt PERSONNEL MANUAL CERTIFICATE OF RECEIPT I certify that I have received a copy of the City of Tamarac's Personnel Manual. I further certify that the City of Tamarac reserves the right to modify this manual or amend, modify or terminate any policies, procedures or programs, whether or not described in this manual, at any time. 1 understand that this manual is not a contract of employment, express or implied, between the City of Tamarac and as such, is not a guarantee of employment for any specific duration. For employees covered by a collective bargaining agreement, in the event of a conflict between any provision of this Manual and any provision of that collective bargaining agreement, the terms of that agreement shall supersede the Personnel Manual. Employee Name (Print) Signature of Employee Witness Name (Print) �') ;a!f , marac Pemonnel.MenWal. Employee's Job Title Date Signature of Witness