ORDINANCE 2001-08 AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, LAKE WALES CODE OF ORDINANCES; ESTABLISHING PERSONNEL ADMINISTRATION POLICIES; ESTABLISHING WORKING CONDITIONS; ESTABLISHING CONDITIONS OF EMPLOYMENT; ESTABLISHING GENERAL RULES AND REGULATIONS; ESTABLISHING BENEFITS FOR EMPLOYEES; ESTABLISHING A DRUG-FREE WORKPLACE; ESTABLISHING AN EVALUATION SYSTEM; ESTABLISHING A WORKPLACE SAFETY PROGRAM; ESTABLISHING A SAFETY COMMITTEE; ESTABLISHING A SAFETY INCENTIVE PROGRAM; ESTABLISHING A RECOGNITION PROGRAM; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED by the City Commission of the City of Lake Wales, Polk County, Florida SECTION 1. Chapter 2, Administration, Lake Wales Code of Ordinances is hereby amended to read as follows: Secs. 2-175 2-200. Reserved. ARTICLE III PERSONNEL ADMINISTRATION. DIVISION 1. GENERAL POLICIES. Secs. 2-201.01 Purpose Itis the intent of the City Commission and City Manager to attract and retain employees of the highest caliber, to encourage the development of individual acceptance of responsibility for the attainme outstanding public service, to select, direct, and evaluate employees based on criteria of ability, training, experience and other work related considerations, to provide clean, safe, and pleasant working conditions, to provide training for supervisory personnel that will assist them to lead and motivate their employees in an effective manner, to provide opportunity to employees to better themselves through training and tuition aid, to provide a grievance procedure that will provide prompt and appropriate settlement of employee grievances through the implementation and maintenance of policies, procedures, practices, rules and standards. The purpose of these Personnel Administration Policies (hereafter referred to as “PAP”, “Rules”, or “Policies”) is to establish procedures which will serve as a guide to administrative actions covering most personnel actions which will arise. Secs. 2-201.02. Positions Covered (@) Unless a specific Section or Subsection provides otherwise, the provisions of these Rules shall be applicable to all employees except: (1) Elected officials.(2) Persons hired as independent contractors on a contractual, fee, or retainer basis, @) Temporary, non-regular part , or casual employees, (4) Persons employed under the provisions of government programs or grants. (b) Provided, however, the sections or subsections with an asterisk (*) beside them apply to all employees. (©) Forpersons and employees covered by these Rules, continued employment, discipline and position placement shall be at the will and pleasure of the City under such terms and con determined by the City, or its designee. (@)__ Employees who serve as Division Directors, Department Heads or in higher level positions: (1) Shall be supervised and evaluated by the City Manager or his designee, and shall serve in their capacity — and as City employees at his pleasure. (2) Shall not have access to Sections 2-212 or 2-213 but shall present their grievances directly to the City Manager who shall resolve same as he deems in the best interest of City operations. (©) _ The final interpretation and application of the PAP shall be made by the City of Lake Wales (hereinafter “City”), ofits designee, The City reserves the right to amend, alter, modify, delete and add to the PAP as it deems appropriate to serve the best interest of the residents and citizens of Lake Wales, Florida, Secs, 2-201.03 Administration (@) The City Manager is responsible for the administration and interpretation of the PAP. (®) Department Heads/Managers are responsible for the administration of these Policies within their respective Departments/Divisions. Secs. 2-201.04 Amendments (@) _ Amendments to the PAP shall be recommended by the City Manager and adopted by the City Commission. Copies will be distributed to all Department/Divisions and employees. (&) __ A.committee will be established by the City Manager, from each Department of the City for the purpose of suggesting amendments to the PAP. Suggested amendments will be forwarded to the City Manager for approval prior to submission to the City Commission for adoption, 2Sees. 2-201.05 Department Policies (@) Departmental policies and standard operating procedures will be reduced to writing and submitted to and reviewed by the City Manager for approval. () Departmental policies and standard operating procedures approved by the City Manager will serve as supplements to these Policies. In the event of conflict, the PAP shall prevail unless the departmental rule has been specifically approved as an exception by the City Manager. © Approved changes in departmental policies and standard operating procedures shall be distributed to the affected employees and the Human Resources Director. Secs. 2-201.06 Overall Employment Policy @ a @ @) The overall employment policy of the City shall include: There shall be no illegal discrimination in employment, employment opportunities or job actions on the basis of race, color, religion, age, sex, national origin, legally-recognized disability, political affiliation, or marital status unless one or more of the above constitute a bona fide occupational qualification within the meaning of the law. No job applicant or present employee will be illegally discriminated against or given preference because of any of the above characteristics, unless otherwise required by law. Persons with known legally-recognized disabilities will be given full consideration for employment and opportunities for advancement in all departments and divisions. ‘The City will offer to such persons reasonable accommodation with respect tothe essential functions of the job, provided the person is otherwise qualified to perform the job, and provided further accommodation does not create undue hardship on City operations. ‘The City will take affirmative recruitment actions to expand employment opportunities for groups that are underutilized in the City workforce, but not in any way which violates applicable law. Secs. 2-201.07 Collective Bargaining Agreement ‘Where these Rules or departmental rules and regulations are in conflict with the express terms of the CBA, the terms of the CBA shall take precedence. Sees. 2-201.08. Policy Statement@ In accordance with applicable laws, regulations, and provisions of the City Charter, but not limited to the following, the City has the right to: o Q @) @) 6) © M 8) o (10) ay (12) (13), (4) Determine the organization of City Government; Determine the purpose of each of its departments; Exercise control and discretion over the organization and efficiency of operations ofthe City; Set standards for services to be offered to the public; Manage and direct the employees of the City; Hire, examine, classify, promote, train, transfer, assign, schedule, evaluate and retain ‘employees in positions with the City; Suspend, demote, discharge, or take other disciplinary action; Increase, reduce, change, modify, or alter the composition and size of the work force, including the right to relieve employees from duties, or furlough employees from duties because of lack of work, funds, or other legal reasons; Determine the location, methods, means and personnel by which operations are 10 be conducted, including the right to contract and subcontract existing and future work; Determine the number of employees to be employed by the City; Establish, change, or modify the number, types, and grades of positions or employees assigned to an organization, unit, department or project; Establish, change, or modify duties, hours of work, tasks, responsibilities, or requirements within job descriptions in the interest of efficiency, economy, technological change, or ‘operating requirements; Take of refuse to take any action allowed by or not prohibited by law for the purpose of attempting to promote the efficient operation of the City; ‘Take any other action it deems appropriate subject only to applicable law. Secs. 2-202.01 DefinitionsAnniversary Date - The date an employee begins employment and the same date in following years. This isthe date upon which entitlement to fringe benefits are based unless a specific benefit provides otherwise. The anniversary date may be changed in accordance with these Rules. Appeal ~ A request for review of an alleged grievance submitted or instituted by an employee to higher authority, City Commission - The City Commission of Lake Wales, Florida, or its designee. City Seniority ~The length of time an employee has been continuously employed with the City. Classification Seniority - (also referred to as job or position seniority) ~ The length of time an employee has been continuously employed in his current position classification. Classification seniority will be lost or changed upon the loss of seniority under Section 2-209, the permanent transfer, promotion, demotion or reassignment to or from one job classification to another. City Code ~ Code of Ordinances of the City of Lake Wales, Florida. City Manager - The City Manager, or the City Manager's designee. Job Classification — A job title based on the job description. Classification Plan — An Official or approved system of grouping positions into appropriate classification. Collective Bargaining Agreement (also referred to as “CBA”) — An agreement between an employee ‘organization certified by the Public Employee Relations Commission and the City Commission negotiated and ratified as required by the Public Employees Relations Act. Compensation Plan - The official schedule of pay assigning rates of pay to each classification. Compensatory Time (also referred to as Comp Time) ~ Compensated time off in lieu of overtime pay. City Seniority - The total time an employee has worked for the City without loss of seniority under Section 2- 209.02. Demotion - Permanent reassignment of an employee to a lower level job classification for a disciplinary reason. Department Head — Department Head, Director or their designee. Departmental Seniority - The length of time an employee has been continuously employed in a department, Dismissal or Termination - Involuntary separation from City employment. 5