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96-16 v RESOLUTION 96-16 A RESOLUTION ION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING THE REVISED EMPLOYEE HANDBOOK; ADOPTING THE APPENDICES, INCLUDING THE EQUAL EMPLOYMENT OPPORTUNITY POLICY AND THE DRUG FREE WORK PLACE POLICY; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The City Commission of the City of Atlantic Beach recognizes the importance of clearly defined regulations and consistent treatment of its employees, and WHEREAS, The City Commission of the City of Atlantic Beach desires to further that concept by establishing and adopting a written policy handbook clearly defining the expected norms of behavior and the processes to affect changes in employment, for both employees and management, and WHEREAS, The City Commission of the City of Atlantic Beach finds that the existing handbook does not adequately address many current employment situations, and WHEREAS, The City Manager has caused to be written a revised handbook which clearly and accurately addresses the complex relationship between the City and its non-bargaining unit employees. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Atlantic Beach hereby adopts the attached revised Employee Handbook, along with its appendices as the official employee handbook of the city. SECTION 2. The City Commission of the City of Atlantic Beach hereby directs the City Manager to implement said handbook and all of its provisions immediately upon passage of this resolution. Adopted by the City Commission of the City of Atlantic Beach this 8th day of April 1996 Lyman Fletcher, Mayor Approved as to form and correctness: b Ar1164 d Alan C/ensen, City Attorney Attested: JO 6 .1./tA,PUI-R. I,L Maureen Kin , City lerk PERSONNEL POLICIES AND PROCEDURES AND SAFETY MANUAL Adopted April 8, 1996 Employee's Name TABLE OF CONTENTS I. Section 1- General Provisions---------------------------------------------------------------- 4 II. Section 2- Definitions------------------------------------------------------------------------- 6 III. Section 3- Classification Plan ----------------------------------------------------------------10 IV. Section 4- Pay Plan ---------------------------------------------------------------------------11 V. Section 5- Recruitment and Employment - --------------------------------------------------15 VI. Section 6- Promotions------------------------------------------------------------------------17 VII. Section 7- Appointments, Transfers, Demotions and Reinstatements -------------------18 VIII. Section 8- Probation--------------------------------------------------------------------------21 IX. Section 9- Separations and Disciplinary Procedures --------------------------------------22 X. Section 10- Grievance Procedures -----------------------------------------------------------26 XI. Section 11- Leaves of Absence XII. Section 12- Development 29 6 XIII. Section 13- Personnel Records and Reports ------------------------------------------------40 XIV. Section 14- Safety Regulations and Equipment Use ---------------------------------------41 XV. Section 15- Employee Code of Ethics ------------------------------------------------------47 XIV. Section 16- Employee Performance Evaluation -------------------------------------------50 APPENDIXES APPENDIX A - Sexual Harassment Policy -------------------------------------------------------53 APPENDIX B - Volunteer Information Form ----------------------------------------------------55 APPENDIX C - Policy Statement of the Americans with Disabilities Act ---------------------56 APPENDIX D - Drug Policy ------------------------------------------------------------------------ APPENDIX E - Equal Employment Opportunity Policy ------------------------------------------ APPENDIX F - Blood Donor Program Notice ----------------------------------------------------- 2 "Whenever the male pronoun is used in this document it shall be construed to mean both genders. This document is gender neutral and the use of the single gender pronouns is for convenience only.11 3 Section 1 GENERAL PROVISIONS 1.1 Purpose It is the purpose of these rules to establish policy and procedures which will serve as the basis for administrative action and decision making concerning the various personnel activities and transactions. Procedures set forth in this manual are intended as a foundation for uniform and equitable employee relations. Rules and regulations are a reference in making decisions on a day to day basis involving personnel management of the City. This manual is intended as a guide for consistent action. It does not constitute a contract of employment between the City and its employees. 1.2 Policies and Procedures General EEO Policy. 1.3 Administration These rules shall be administered by the City Manager or his designee. 1.4 Positions Covered These rules and regulations shall cover all employees in the City of Atlantic Beach, excluding elected officials or officials appointed by the elected governing body. Employees who are members of a collective bargaining unit, the labor contract shall take precedence in all cases where specifically covered by labor contract. 1.5 Amendments. Changes or Revisions of the Rules and Regulations Amendments, changes or revisions of the rules and regulations shall be promulgated by the City Manager, with copies posted on City Bulletin board and distributed to the City Departments. 1.6 Status of Departmental Rules and Regulations Policies and Operating Procedures a. Any departmental rules, regulations, policies and procedures shall serve as Supplements to these City rules and regulations. b. In the event of conflict in Departmental rules with the City rules section, the City rules and regulations shall prevail. El 1.7 Nepotism a. No person shall hold a job over which a member of their immediate family exercises supervisory authority. b. The relationships that are forbidden in the supervisory chain are as follows: Father Stepmother Brother-in-law Mother Stepson Father-in-law Son Stepbrother Mother-in-law Daughter Stepsister Son-in-law Brother First Cousin Daughter-in-law Sister Nephew Sister-in-law Aunt Niece Half Brother Uncle Husband Half Sister Stepfather Wife c. No employee may be employed, promoted or advanced in pay if any person in the supervisory chain of command above the employee is related to the employee to the degree that is listed above in. this section. d. Any employee who is presently employed by the City and in violation of this rule may remain in his job, but he may not be promoted while in violation of this section. e. Employment of relatives within the same department is prohibited. 5 Section 2 DEFII\1ITIONS 2.1 Definitions of Terms Used in the Personnel Rules and Regulations of the City of Atlantic Beach 1. Anniversary Date - The date of hire. This date will not change if person changes department or position. 2. Appeal - An application for review of an alleged grievance submitted or instituted by an employee to his superior. 3. Applicant - An individual who has completed and submitted an application for employment with the City. 4. Appointment - The offer and acceptance by a person of a position either on a regular or temporary basis. 5. Break in Service - Any absence from work through voluntary or involuntary termination for any cause. 6. Certification - Endorsement in any written documentation, as meeting required minimum standards for a position. 7. Class - A group of positions which are sufficiently alike in general duties and responsibilities to warrant the use of the same title, specification and pay range. 8. Classification - The active grouping of positions in classes with regard to: a. Duties and responsibilities b. Requirements as to education, knowledge, abilities, skills and experience c. Tests of fitness, mental and physical d. Ranges of pay 9. Classification Plan - The official or approved system of grouping positions into appropriate classes. 10. Compensation - The standard rates of pay which have been established for the representative classes of work as set forth in the compensation plan. 0 11. Compensatory Time - Time off from work in lieu of monetary payment for having worked in excess of scheduled work period in accordance with the Fair Labor Standards Act. This compensatory time may also apply to management and supervisory personnel who are exempt from the Fair Labor Standards Act. This compensation shall be at the rate of time and one-half. 12. Continuity of Service - Continuous uninterrupted service with the City of Atlantic Beach for purposes of determining seniority and longevity. 13. Demotion - Assignment of an employee from one class to another class which has a lower maximum rate of pay. 14. Department - The primary organizational unit which is under the immediate charge of the Department Head who reports directly to the City Manager. 15. Department Head - An individual who supervises the operation of a Department and who reports directly to the City Manager. 16. Division - A sub -organizational unit of department under the supervision of a Division Director 17. Division Director - An individual who supervises the operations and personnel of a Division and who reports directly to the Department Head. 18. Discharged - Separation from city employment. 19. Emergency Employee - A person appointed by the City Manager to fill a position on an emergency basis. 20. Employee - An individual who is legally employed by the City and is compensated through the City payroll for his services. Individuals or groups compensated on a fee basis are not included. 21. Examination - The process of testing, evaluating or investigating the fitness and qualifications of applicants and employees. 22. Immediate Family - Refer to Section 1.7 (b), Page 5. 23. Layoff - The involuntary non -disciplinary separation of an employee from a Position. 24. Leave - An approved type of absence from work as provided for by these rules. 7 25. "May" - The word "may" shall be interpreted as permissive. 26. Military Leave - Authorized absence of an employee for active military duty in accordance with these rules, Section 11.5. . 27. Overtime - Authorized time worked by an employee in excess of his total normal working hours per week. 28. Overtime Pay - Compensation pay to an employee for overtime work performed in accordance with these rules, Section 4.10. . 29. Part -Time Employee - An employee working 30 hours per week or less. These employees are not subject to any employee benefits unless otherwise provided. 30. Pay Rate - A specific dollar amount expressed as either an annual rate, a monthly rate, a semi-monthly rate, a biweekly rate, or an hourly rate as shown in the pay plan of the City. 31. Position - Any office or employment whether occupied or vacant, full time or part time consisting of duties and responsibilities assigned to one individual by a competent authority. 32. Probationary Period - The working trial period of employment beginning with the date of the employee's first appointment to the classified service. General Employees' probationary period is 6 months, and Firefighters and Police Officers probation is one year. 33. Promotion - Assignment of an employee from one class to another class which has a higher maximum rate of pay. 34. Reclassification of Position - Reallocation of the present duties and responsibilities of a particular position to one of another classification, specification, title and/or pay range. 35. Regular Appointment - An appointment to a position authorized to be filled and subject to all rules and regulations as provided herein. 36. Regular Employee - A non -probationary employee serving in a full-time capacity who is entitled to full benefits provided by the City. 37. Resignation - Voluntary separation from the City's employment. 8 38. Seasonal Appointments - Employees who are appointed for limited and specific period of time, usually the summer months. 39. "Shall" - The word "shall" shall be interpreted as mandatory. 40. Student - A full time student on special assignment or serving internship who may or may not be paid by the City. 41. Suspension - An enforced leave of absence with or without pay for disciplinary purposes, or pending investigation of charges made against an employee. 42. Temporary Appointments - Employees appointed when a project requires the addition of personnel for a specific time or to fill a position of an employee on a leave of absence. 43. Transfer - Assignment of an employee from one position to another position. Transfers can take place within a Department, between Departments, and between positions of the same pay grades. 44. Volunteer - An individual who performs hours of service for the City for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered. An individual shall not be considered a volunteer if the individual is otherwise employed by the City to perform the same type of services as those for which the individual proposes to volunteer. Volunteers may be provided with a uniform and other necessary equipment without losing their status as volunteers. 45. Work Day - Scheduled number of hours an employee is required to work per day. E Section 3 CLASSIFICATION PLAN 3.1 P=ose The Classification Plan provides a completed inventory of all positions in the City service and accurate descriptions and specifications for each position. The plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities, and has the same meaning throughout the City. 3.2 Composition The Classification Plan shall Consist of : a. A grouping of positions, by title, which are approximately equal in difficulty and responsibility, which call for the same general qualifications, and which can be equitably compensated within the same range of pay under similar working conditions. b. Position titles, description of work. C. Written specifications for each position. 3.3 Use of Position Titles Position titles are to be used in all personnel, accounting, budget, and financial records. No person shall be appointed by the City Manager in a City position under a title not included in the Classification Plan. 3.4 Use of Classification Plan The Classification Plan is to Used: a. As a guide in recruiting and examining candidates for employment. b. In determining lines of promotion and developing employee training programs. C. In determining salary to be paid for various types of work. d. In determining personnel service items in departmental budgets. e. In providing uniform job terminology understandable by all City officers and employees and by the general public. 10 3.5 Administration of the Plan It is the responsibility of the City Manager or his designee to maintain the Classification Plan. It is his duty to examine the nature of new positions as they are created and to include them in the Classification Plan, and to make such changes in the Classification Plan as are made necessary by changes in duties, responsibilities, conditions, and organizational structure. Section 4 PAY PLAN 4.1 Composition The Pay Plan includes the basic salary schedule as adopted by the City Commission and subsequent amendments and the schedules of salary ranges consisting of minimum and maximum rate of pay for all positions included in the Classification Plan. 4.2 Maintenance The Pay Plan is intended to provide fair compensation for all positions in the Classification Plan with regard to range of pay for other positions, general rates of pay for similar employment in private establishments and other public jurisdictions in the area, the financial conditions of the City, and other factors. 4.3 Administration - Salary Rates a. STARTING RATE IN A NEW POSITION: Original appointment, or the appointment of a current employee to a new and different position shall normally be made at the entrance rate for that position. Upon recommendations of the Department Head or Division Director, the City Manager may approve compensation at a rate higher than the minimum rate in the pay range for the position when the needs of the service so require, provided that any such exception is based on the outstanding and unusual character of the employee's experience and ability over and above the qualification requirements specified for the position, or that a critical shortage of applicants exists. b. STARTING DATE ON RETURN FROM MILITARY SERVICE: Any employee who leaves or has left the City service to enter the active service of the Armed Forces of the United States, and who subsequently is reinstated to a position previously held by him, shall be entitled to receive the rate of compensation at the step to which he would have been entitled had his service to the City not been interrupted by service in the Armed Forces, provided that he returns to the City service 11 within 60 days of release from the Armed Forces. C. STARTING RATE ON DEMOTION: When an employee is demoted to a position for which he is qualified, he shall receive the rate in the lower pay range which provides the smallest possible decrease in pay if the action was not for cause, or, if the action was for cause, any lower step in the range deemed appropriate by the Department Head involved and approved by the City Manager. 4.4 Requirements for Continuity of Service Service requirements for advancement within pay ranges and for other purposes as specified in the classification and pay plan, shall have the implication of continuous service which means employment in the City service without break or interruption. All leaves of absences with pay and leaves without pay of two normal weeks or less shall not interrupt continuous service nor be deducted therefrom. Absences of leave without pay in excess of two normal work weeks, except for extended service with the Armed Forces of the United States, shall be deducted in computing total service but shall not serve to interrupt continuous service. All absences without leave in excess of three consecutive work days shall be deducted from continuous service and shall interrupt continuity of service. 4.5 Compensation For Supervisors All supervisors shall be paid at a higher rate than their subordinates. In the event that a supervisor is paid at a rate of pay equal to or lower than one or more of his duly assigned subordinates rates, the supervisor shall be advanced to a step in his salary range which will provide him with a rate of pay one increment higher than any subordinate, regardless of the supervisor's length of service. 4.6 CQmrensation fir Administrative/ Salaried Personnel The City Manager shall have the authority to establish the salaries of all Department Heads, Assistant Department Heads and Division Directors, determined to be Administrative/ Salaried Employees. 4.7 Pay for Part Time Work Whenever an employee works for a period of less than the regular established number of hours per week, the amount of pay shall be proportioned to the time actually worked. 4.8 Payment of Salary From Two or More Departments or Divisions The payment of a separate salary from two or more Departments or Divisions for duties performed in each is permissible if the total salary received is not in excess of the maximum rate of pay assigned to the higher position that the employee holds. 12 4.9 Total Remuneration The salary rate established for a position shall represent the total remuneration of the employee, not including reimbursement for official travel and overtime. Except as otherwise provided in these rules, no employee shall receive pay from the City in addition to the salary authorized under the schedules provided in the pay plan for services rendered by him either in the discharge of his ordinary duties or any additional duties which may be imposed upon him or which he may undertake or volunteer to perform. 4.10 Overtime a. Overtime which is one and one half (1.5) hours of compensatory time may be accrued for each hour of overtime worked in excess of forty (40) hours in a seven (7) day standard work week. Overtime shall be compensated pursuant to the requirements of the Federal Fair Labor Standards Act. Except in cases of bonafide emergencies overtime is not to be performed unless approved by the Department Head before it is performed. Compensatory time may be utilized in lieu of overtime, at the discretion of the City Manager, provided that all compensatory time shall be in accordance with the Federal Fair Labor Standards Act. Department Heads are exempt from receiving overtime pay for work after normal working hours, holidays and weekends. b. Accrual and Use of Compensatory Time in Lieu of Overtime PaX Compensatory time may be accrued in the same manner as overtime pay. Compensatory time may not be accrued for hours not worked. One and one half (1.5) hours of compensatory time may be accrued for each hour of overtime worked in excess of forty (40) hours in a seven (7) day standard work week. Employees who are required to work on the observed holiday, or the actual holiday shall receive their pay for the hours worked on that day at the rate of one and one-half times their regular hourly rate of pay, in addition to holiday pay. Overtime pay shall not be duplicated for the same hours worked under any circumstances. There will be no duplication of premium payments and no claims that provide for "overtime on overtime." When an employee accrues more the fifty (50) hours compensatory time, the excess shall be utilized within thirty (30) days. Compensatory time off will be taken at the convenience of the Department but every effort will be made to meet the employee's convenience. The City may assign employees time off to reduce any excess compensatory time accrual over the 50 hour cap. Employees shall be paid for all unused compensatory time accrued as of September 30th of each year. This payment shall be made no later than November 15th of each year. 13 Compensatory time must be documented and filed with the Personnel Office at City Hall. Superintendents, Division Directors, and Lieutenants, because of the nature of their duties, are exempt from the overtime provisions of the Fair Labor Standards Act, but will be considered for compensatory time off on an individual basis upon approval of their Department Head. In cases of bonafide emergencies where the Department Head determines the presence of a Division Director or Superintendent is required, the City will provide overtime pay or compensatory time. In the case of Lieutenant, overtime will be paid when approved by the Chief of the Department. Department heads are exempt from the overtime provisions of the Act, but may receive compensatory time off on an individual basis on approval by the City Manager. Section 4. l Ob. applies to all employees, with the exception of personnel covered by a collective bargaining agreement. 14 Section 5 RECRUITMENT AND EMPLOYMENT 5.1 Eligibilit Individuals shall be recruited from a geographic area as wide as is necessary to assure obtaining well qualified candidates for the various types of positions. Employment shall not necessarily be limited to residents of Atlantic Beach All things being equal, City residents will be given preference if they meet the necessary requirements of the position. 5.2 Personnel Requisitions A personnel memorandum shall be submitted by the Department Head to the City Manager for approval of a replacement or to fill an opening for a part-time or regular employee position or promotion. 5.3 Notification The Human Resource Coordinator shall prepare a job announcement and send it to all Departments and Divisions for posting on their bulletin boards._ The job announcement shall contain a notice to all City employees indicating that they may apply for the position. The vacancy may be filled by a City employee if that employee meets all the requirements of the position as determined by the City Manager. The City Manager, or his designee, may advertise the vacancy in the local newspaper and other appropriate outlets. 5.4 Acceptance of Applicants Application for employment may be accepted at any time by the Human Resource Coordinator. As a result of a single application for general employment, a candidate may be considered for all classes of positions in which the candidate's principal qualifications could most appropriately be used. Additional information may be required in order to judge the applicant's fitness for employment. 5.5 Applications Applications for a position with the City shall be active for a term of one year from the date said applications are filed. 5.6 Character and Fitness of Applicants Any false statement made on any application by any applicant may be deemed sufficient cause to exclude the applicant from employment. Employees who are found to have made false statements 15 on any application may be discharged from employment. Applicants and employees are required to meet fitness levels which allow them to perform the essential functions of the position they are applying for or occupy. An individual who poses a direct threat to health or safety will not be employed. All individuals with disabilities who are employed will be reasonably accommodated to assist them to perform the essential functions of their position. If a job offer is made, each applicant will undergo a drug test, physical, criminal background check and driver's license verification. 5.7 Special Qualifications In the case of applicants for positions requiring special qualifications, the City Manager may require evidence of satisfactory degree of training and experience. Certificates of competency or licenses as required by laws and/or ordinances, will be verified by the City. Additional testing mechanisms may be deemed necessary by the respective Department Heads. 5.8 R ference� As part of the pre-employment procedure, former supervisors, employers, and references provided by candidates shall be checked as a precaution against obtaining undesirable employees. Reference checks made by personal or telephone contact shall be documented and made part of the applicant's file. These reference checks should be completed prior to an offer of employment and the information shall be handled as privileged information. 5.9 Disqualification The City Manager, or his designee, shall remove from further consideration the application of any applicant who: a. Does not possess the minimum qualifications. b. Does not pass all City tests and examinations as they relate to the essential functions of the position. C. Has established an unsatisfactory employment or personnel record, as evidenced by reference check(s), of such a nature as to demonstrate unsuitability for employment. d. Has made false statement(s) of a material or factual nature or deception(s) in the application. e. Does not reply to a mail inquiry within five days or does not return a telephone 16 inquiry within two days. f Fails to accept appointment within two days or to report for duty within the time prescribed in the offer. 5.10 Selection Process a. The City Manager, or his designee, shall establish tests for initial employment in all job classifications. The City of Atlantic Beach retains the right to hire who they feel is the best qualified applicant for any position. No person shall be employed, promoted, or discharged unless prior approval is obtained from the City Manager. Section 6 PROMOTIONS 6.1 Promotion Poh Vacancies -in City positions shall be filled by the promotion of current employees when it is in the best interest of the City to do so. All promotions must be approved by the City Manager. The City Manager shall, in each case, determine whether an open competitive examination or a promotional examination will best serve the interest of the City in attracting well-qualified candidates. Promotions in every case must involve a definite increase in duties and responsibilities and shall not be made merely for the purpose of effecting an increase in compensation. 6.2 Promotion Examinations The term `Promotional examinations" signifies a fitness test to determine the relative standing of applicants for positions in the specific classification. No employee shall be deemed eligible for a promotional examination if their last service rating was not satisfactory. Promotional examinations shall be scheduled at the discretion of the City. 6.3 Notification Whenever a promotional examination is to be held, notice of such examination shall be posted in the Department or Departments in which eligibles are employed. It shall be a duty of the Department Head in each Department where eligibles are employed to see that each eligible is notified of the examination or has access to such notice. 6.4 Application 17 It may be required that each applicant who is eligible, and wants to be considered for promotion must fill out an application form as prescribed, and present this application to the personnel office on or before the specified date. 6.5 Promotions Without Examinations In some cases, the City Manager may authorize a promotion of an eligible employee without competition upon presentation by the Department Head of a written statement showing that duties performed by the employee nominated are natural preparation for the higher position, that such employee is entitled to promotion by reason of service and effective performance, and that no other employee of the Department meets the foregoing conditions. 6.6 Probation Period An employee promoted to a higher classification shall serve a six (6) month probationary period for the purpose of job qualification only. The employee may be reviewed within three months to evaluate progress. Section 7 APPOINTMENTS, TRANSFERS DEMOTIONS AND REINSTATEMENTS 7.1 Types of Appointments The following types of appointments may be made in conformity with the rules established: Regular, Seasonal, Student, Volunteer, Emergency, Temporary, and Part -Time. a. Regular Employee - works full-time, is subject to all rules and regulations, and receives all benefits and rights as provided by the Personnel Policies and Procedures. b. Seasonal Employee - These employees will be appointed in the same manner, will be issued an appropriate uniform and will be subject to the same procedures as regular employees except that they will be terminated at the close of the season for which they were appointed. These employees will not receive benefits or rights as provided to regular employees. C. Student Appointments - Student appointments have the purpose of affording a student an opportunity to gain actual work experience. Such appointments are for a definite period of time, not to exceed twelve (12) months and require the approval of the City Manager. These employees will not receive benefits or rights as provided to regular employees. d. Emergency Appointments - in order to prevent interruption of public business or loss or serious inconvenience to the public, appointment of employees on a temporary basis may 18 be authorized by the City Manager in accordance with this rule. These employees will not receive benefits or rights as provided to regular employees. e. Part -Time Employees - part-time employees are employees who work 30 hours per week or less. Employees in this category will to be permitted to work more than 30 hours in a work week unless prior written authority is obtained from the City Manager by the Department Head. These employees will not receive benefits and rights as provided to regular employees unless otherwise permitted by the City Manager. f. Temporary Term Appointments - limited term appointments are made when a project requires the addition of employees for a specific time or to fill a position of an employee on a leave of absence. This category would also cover people hired under Federal Grants and Employment Programs. Benefits will be decided on an individual project basis. 7.2 Transfers At the request of an employee, with the approval of the. Department Head(s) concerned, and the City Manager, said employee may be transferred in accordance with the following: a. Department Transfer - same classification. An employee may be transferred to another Department with the same job classification and such transfer shall not change the employee's pay or anniversary date. If the employee is found to be unqualified or incompetent in performing the new duties of the position, he will be returned to the position from which he was transferred, with the approval of the City Manager, if a vacancy exists. If a vacancy does not exist, the employee shall be terminated and reconsidered when an available position is to be filled. b. Change in Classification - same pay grade. When an employee is found to be qualified, requests, and is granted a transfer to a different classification, the employee pay rate will remain the same. C. Transfer of Physically Incapacitated When an employee becomes physically incapacitated for a short period of time and is unable to perform his normal duties, the City Manager or his designee may, with the consent of such employee, transfer him to a position in the same or lower class which he has the ability to fill. 19 7.3 Demotions An employee may be demoted to a position of lower grade, for which the employee is qualified, for any of the following reasons: a. When a employee would otherwise be laid off because his current position will be abolished; the position is to be reclassified to a higher grade; lack of work; lack of funds; or because of the return to work from a leave of absence of another employee to his former position in accordance with rules on leave. b. When an employee does not possess the necessary qualifications to render satisfactory service in the present position, or when removed during probation or for disciplinary action. C. When a employee voluntarily requests such demotion. All demotions must receive the approval of the City Manager and Department Head concerned. Demotions of employees may be appealed by the grievance procedures. 7.4 Reinstatements An employee who has resigned with a good record may be rehired, if a vacancy exists, to the same or similar position by the same Department from which the employee resigned within one year of the date of resignation without qualifying in competitive examination. This procedure is known as reinstatement. Reinstatement originates only from department request. Request for approval of the action must be submitted to the City Manager, or his designee, by letter giving name, title, salary, date of separation, date of proposed reinstatement, and cause of vacancy which the reinstatement will fill, together with a report of personnel changes that must be approved by the City Manager before the employee enters on duty. An employee may be reinstated at the same rate within the pay range at the discretion of the Department Head and with the approval of the City Manager. An employee cannot be reinstated at a higher rate. The reinstatement cannot be made if the Department has a lay-off list for the position. Reinstated employees are considered new employees for the purpose of sick leave, vacation, and salary increases. For purposes of seniority credit or promotional examination, reinstated employees are credited for service prior to resignation. Final determination of reinstatement benefits will be at the discretion of the City Manager. Section 8 20 PROBATION 8.1 Ob'ective The probationary period is an integral part of the examination process. It shall be utilized to observe closely the employee's work, to secure the most efficient adjustment of a new or promoted employee. to a position and to reject any employee whose performance does not meet the required work standards. 8.2 Duratio The probationary period shall be a period of six months from the first day of work for new or promoted employees, except in the Police and Fire Departments. Probationary period for Police Officers and Firefighters shall be one year. If a Department Head requests an extension of the established probationary period prior to the expiration, the City Manager may extend the probationary period of a particular employee to a total of six months beyond the end of the normal probationary period. Length of probationary period will vary in Departments and occupations where regular status may be extended upon completion of a training period.. The probationary period shall apply for all employees in a new position (new employee or an employee who has been transferred or promoted). 8.3 Evaluation of Performance Periodically during the probationary period it shall be required that the Department Head review the supervisor's observations of the employee's work and a judgement as to the employee's willingness and ability to perform the job duties satisfactorily. During the probationary period the employee's supervisor will provide a written critique after three months advising the employee when performance is not satisfactory and probationary test period requirements are not being met. 8.4 Discharge, During the probationary period the Department Head, upon approval of the City Manager, may remove an employee who is unable or unwilling to perform the duties of the position satisfactorily or whose habits or dependability do not merit continuance in the service. The Department Head shall immediately report such removal to the employee. 8.5 Probationary Period Reports At least ten working days prior to the expiration of an employee's probationary period the Department Head shall notify the City Manager whether the service of the employee has been satisfactory and whether the employee will continue in the position. A copy of such notice shall be given to the employee. No employee shall be paid for work performed after the expiration of the probationary period unless, prior to the performance of such work, the Department Head has 21 notified the City Manager that the employee will be continued in the position. An employee removed during the probationary period has no right of appeal. 8.6 Unsu cessfiil Completion of Probatioziary Period for Promoted or Transferred Emnlovees An employee who is promoted or transferred, and who did not successfully complete his probationary period in their new position, shall not have the right to be reinstated to the position that he occupied immediately prior to his promotion or transfer. (Vacant positions would be provisional until promotions or transferee completes probation). 8.7 Personal Leave during Probationary period During the probationary period, personal leave will be accrued but may be utilized only for illness and/or illness of immediate family members and verified by a doctor's notification. Section 9 SEPARATIONS AND DISCIPLINARY PROCEDURE 9.1 Types of Separation from C4 Employment Separation and/or terminations from positions in City employment shall be designated as one of the following types. a. Resignations b. Retirements c. Disability d. Death e. Layoff f. Discharge 9.2 Resignation a. Resignation is a separation of an employee from City employment through the submittal of a written notice that he wishes to resign. All employees desiring to resign shall direct their written notice of resignation to the City Manager. b. Any employee wishing to leave the City employment in good standing shall notify his immediate supervisor at least two weeks before leaving. Failure to do so may be cause for denying such employee re-employment by the City. c. Employees are required to notify their supervisor at the start of their work shift by note or phone when they are absent, and state the reason. Unauthorized absence from work for a period of three days may be considered by the Department Head as the employee's voluntary resignation. 9.3 Exit Interviews The purpose and intent of the exit interview is to provide management with information regarding areas in which employment may be improved. Each employee who resigns from the City should complete an exit interview. The completed exit interview is to remain with the Personnel Department and be utilized as a management tool. 9.4 City Property At the time of separation, and prior to receiving final monies due, all records, City identification card, books, uniforms keys, tools and other items of City property in the employee's custody shall be transferred to the Department and certification to this effect shall be made by the Department Head. Any monies due the City because of any shortages shall be deducted from the employee's final pay check. 9.5 Retirement Whenever an employee meets the conditions set forth by the City's retirement system, that employee may elect to retire and receive all benefits earned under the retirement plan. When an employee is nearing vestment status of (5) years, he should contact Personnel to complete a beneficiary form. 9.6 Disability An employee may be separated due to a disability when he cannot perform the required duties with reasonable accommodation because of a physical or mental impairment. In all cases, the disability must be supported by medical evidence acceptable to the City Manager. The City may require an examination at its expense and performed by a physician of its choice. 9.7 Death Separation shall be effective as of the date of death. All Compensation due the employee as of the effective date of separation shall be paid to the beneficiaries, surviving spouse, or the estate of the employee as determined by the law or executed forms in his personnel folder. 9.8 Layoff The City Manager or his designee may layoff an employee or employees when it is deemed necessary by reasons of shortage of funds or work, the abolishment of a position, or other 23 material changes in the duties of the organization, or for related reasons which are outside the employee's control and which do not reflect discredit upon the service of the employee. The duties performed by any employee laid off may be reassigned to other City employees already working who hold positions in appropriate classes. a. Order of Lavoff When it becomes necessary to reduce the number of employees within a given class, employees shall be laid off as follows: 1. Probationary employees 2. Full time employees b. Procedure In determining layoff the City will consider employee performance and length of service in the job classification within the Department. 9.9 DiNharge Employment with the City of Atlantic Beach is considered to be "at will" employment as defined by Florida Law. Therefore, it is at the discretion of the City Manager to discharge an employee. Reasons for discharge may include, but shall not be limited to: a. Failure to meet prescribed standards of work, morality, and ethics to an extent that makes an employee unsuitable for the kind of employment in City service in which he was serving at the time of the offense. 0 C. d. e. E 9. h. j• Lq Incompetence, misconduct or negligence in the performance of duty. Theft or willful destruction of City property. Insubordination or other actions that constitute a serious breach of discipline. Conviction of a criminal offense of a felonious nature. Conviction of a criminal offense or of a misdemeanor involving moral turpitude. Willful violation of any of the provisions of these rules. Willful violation of any lawful and reasonable regulations, order or direction made or given by a superior officer where such violation has amounted to insubordination or serious breach of proper discipline or has resulted in loss or injury to the public. Consuming alcoholic beverages or drugs while on duty or being under the influence of alcohol or drugs while on duty. Attempting to induce any officer or employees of the City to commit an act in violation of any lawful or reasonable regulation. Acceptance of any valuable consideration which was given with the expectation of influencing the employee in the performance of his duties. Conduct, whether on or off duty, which reflects discredit upon the City. 24 m. Hindering the regular operation of the Department or division because of excessive absenteeism. n. Tardiness, unauthorized absences or abuse of leave privileges. o. Being absent without leave or failing to report after leave of absence has expired or failure to notify supervisor within eight scheduled working hours. P. Falsification of records; or giving false information, oral or written, during official inquiries. q. Falsification of employment applications. r. Use of official position for personal advantage. S. Failure to report misconduct by other employees. t. Failure to meet the essential function of the job and/or pose a direct threat to health or safety. U. Refusing to take Drug Test when testing is permissible. A non -probationary employee who is dismissed by the City Manager may utilize the grievance procedures set forth in Section 10 to review the dismissal. 9.10 Final PaX Final pay checks will be issued to the employee on the first regular pay day following termination. 9.11 Notice of Discharge Whenever practicable an employee shall be furnished, in advance, written notice containing the nature of the proposed action, the reasons therefore, and his right to answer the charges orally or in writing within 5 working days. Prior to the effective date of discharge, the employee may be retained on the duty status, placed on leave, or suspended with or without pay at the discretion of the City Manager. If the employee fails to respond to the advanced notice, the proposed action of the City Manager shall be effective on the date specified with no need for further action. 9.12 Internal Investi ag tion In order to insure the integrity of the City of Atlantic Beach, it is necessary to completely and thoroughly investigate reports and accusations of misconduct by City Employees. At the same time, the reputations of innocent employees must be protected. Each Department of the City shall have written guidelines addressing investigations into the employee misconduct. Such guidelines shall be approved by the City Manager, and shall be followed in incidents of alleged employee misconduct. Allegations of illegal activity shall be reported immediately to the City Manager and failure to do so may result in termination. The City Manager may utilize any resources he deems appropriate in resolving allegations of illegal activity within the City workforce. 25 9.13 Disciplinary Procedures In the best interest of the City and employees, it is important that procedures be established for disciplining of employees. Disciplinary measures are created in the effort to acknowledge the type of behavior expected of individuals as City employees and to give them an opportunity to correct any errors. Whenever practical, the following procedure will be used: a. Oral warning: This is the verbal reprimand to employees. It is the first step to be used in most instances of misconduct and shall be noted in the personnel file. b. Written warning: This is a written reprimand to employees. It is usually the second step to be used in a repeated incident of misconduct, or the first step to more severe incidents of misconduct. When a supervisor makes a written warning to an individual, he should write out the incident of misconduct and note any previous oral warning already given to the employee concerning misconduct. He should warn the employee that any further infractions could result in suspension or termination, whichever is appropriate. The employee should sign this reprimand and a copy should be given to the employee. If the employee will not sign, a witness to the refusal should sign a statement indicating so. A signed copy of all written warnings, interviews conducted with employees, by a Supervisor or Department Head shall be sent to the City Manager for filing in the personnel record. C. Suspension: This is a leave without pay for the employee. It is usually the third step to be taken in a repeated incident of misconduct, or the first step in a serious incident or misconduct. A supervisor may take this action and document such action and the reasons. A written notice shall be given to the employee outlining the act of misconduct and the time period of suspension. A copy should be filed with the personnel record, with a copy to the City Manager and appropriate Department Head as soon as possible. It should be understood that some types of misconduct may be punished by dismissal at the first occurrence. Section 10 GRIEVANCE PROCEDURES A. General 10.1 Policy This grievance procedure is established to provide full opportunity to employees to bring to the attention of management grievances that the employee feels need either adjustment or information. It is the intent and desire of the City to adjust grievances informally and both supervisors and employees are expected to make every effort to resolve problems as they arise. 26 However, it is recognized that there will be grievances which will be resolved only after an appeal and review. The submission of a grievance of an employee shall in no way adversely affect the employee or his employment with the City. 10.2 Causes for Grievance An employee may file a grievance to address an alleged wrong, and to modify or erase any disciplinary measures taken against the employee, such as a verbal or written reprimand or a suspension from work for period of fifteen days or less 10.3 Unacceptable Grievances This grievance procedure is for individual employees to attempt to resolve their own grievances concerning the Personnel Policies and Procedures of the City. Grievances are unacceptable if filed by one employee on behalf of another employee or for groups of employees. In addition, employees may not submit grievances challenging any of managements prerogatives. 10.4 Grievance Procedure In order to provide every employee a method in which their particular grievance can be considered rapidly, fairly, and without reprisal, the following steps are provided: Step 1. The grieved employee shall, within five working days of the incident, discuss and explain his complaint or grievance orally with his immediate supervisor who may call higher level supervision into the discussion in an effort to achieve a prompt, satisfactory adjustment. The immediate supervisor will make a decision and notify the employee within five working days after the discussion with the employee. Step 2. If the grieved employee feels that the matter has not been settled or adjusted to his/her satisfaction by his immediate supervisor he may submit the matter in writing to the Department Head within five working days. The Department Head will schedule a meeting within ten working days after receiving the grievance. If the matter is not resolved at this meeting, the Department Head shall give his written answer within five working days after the scheduled meeting. Step 3. If the grievance is not resolved to the employee's satisfaction by the decision of the Department Head in Step #2, he may appeal to the City Manager in writing within five working days. The City Manager, within ten working days after receipt of the written request from the employee, shall schedule a meeting with the concerned employee and others at his discretion, and shall within five working days of such meeting, inform the employee, in writing, of his decision with a copy to the employee's Department Head. The decision of the City Manager shall be final. 27 General Provisions of the vane Procedure a. The time limit of this grievance procedure may be extended by mutual agreement for reasons due to illness, vacation, business trips, or some emergency. If an extension of time is required, the employee will be notified. b. Under this grievance procedure the employee and management have the opportunity to call witnesses at the Step 2 Level and thereafter for each step in the grievance procedure. C. Grievant will have five working days to appeal the decision given in any step to the next higher step in the grievance procedure. d. Any grievance shall be considered settled at the completion of any step unless it is appealed within the time limits set forth. It is hoped that the great majority of grievances will be satisfactorily settled in the first or second step. e. Any grievance which has reached the Step 2 level shall require that an information copy be sent to the City Manager on the date of receipt.. f. All grievances, at their conclusion, shall be forwarded to the City Manager for coordination, analysis and filing. Section 11 28 LEAVES OF ABSENCE 11.1 Genera] Polic• The following types of leaves are officially established: holidays, personal leave days, funeral leave, injury leave, military leave, civil leave, training leave and leave without pay. All leaves may be granted by the Department Head in conformance with rules established for each type of leave, and shall receive the approval the City Manager or his designee. All absences are to be reported to the City Manager on forms provided. Rules governing compensatory time off shall be followed. 11.2 Holidays With PaX The City recognizes the following legal holidays: HOLIDAY New Year's Day Martin Luther King Day President's Day Memorial Day Fourth of July Labor Day Thanksgiving Day Day after Thanksgiving Christmas Day Employee's Birthday DAY OBSERVED January 1 January 15 Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 Birthdate Additionally, the City Commission may designate any day as a holiday. a. a Holiday Falling on Weekends When a holiday falls on Saturday, it shall be observed on the preceding Friday. When a holiday falls on Sunday, the following Monday will be observed as a holiday. Public Safety Employees shall be exempt from this provision. Holiday on a Scheduled Work Day Employees (other than those covered by a collective bargaining agreement) who are required to work on the observed holiday shall received their pay for that day at one and one-half time the straight hourly rate, in addition to holiday pay. 29 11.3 Personal Leave Days a. The "Personal Leave Days" concept is an advancement from the traditional vacation and sick leave system. All permanent full-time employees may be absent from the job for any reason desired and still receive regular wages provided the efficiency of the Department is not affected. b. Employees serving a probationary period shall accrue Personal Leave Days in accordance with the provisions of this section. C. Personal. Leave Days must be earned before they are taken. The Department Head will schedule Personal Leave Days at the convenience of the Department with all due consideration to the employee. d. When a Personal Leave Day is used for sickness or other emergencies, employees are required to notify their Department at the start of the work shift. e. For Personal Leave used for illness, the City will always retain the right to require medical documentation of the illness. f. For days accumulated, the employee may elect to be paid in cash, upon completion of one year of continuous eligible employment or choose to save them in a Personal Leave "Bank" for future use or payment. The Personal Leave `Bank" will be open two times during the year as follows: On the first payday in June, and on the first payday in December. Cash withdrawals are restricted to the. excess over fifteen (15) days (120) hours in the Personal Leave account on the designated withdrawal date. Request forms are available in City Hall. Requests must be submitted at least two weeks preceding each of the above dates. g. No Personal Leave may accumulate while an employee is on leave without pay or who is suspended for disciplinary purposes. h. Personal Leave shall accumulate during each pay period and shall be credited to the employee at the end of the pay period. I. An eligible employee who resigns with at least two weeks notice shall be paid for any unused accruals. In no event shall the employee be paid for any unused accruals exceeding 120 days (960) hours or compensatory time over (50) hours. j. Employees may accumulate Personal Leave Days up to a maximum of 120 days (960) hours. Therefore, employees must utilize their Personal Leave Days or request payment in accordance with subsection (f of this section. Utilization or request for payment must be made within three months after 120 days is accumulated. 30 k. Employees with more than one year of service are required to utilize a minimum amount of Personal Leave Days. Required minimums not taken as provided will be forfeited unless otherwise approved by the City Manager. The accrual rate for Personal Leave Days and the minimum amount of utilization of Personal Leave Days shall be determined as follows: Personal Leave Accumulation Scale Years Rate Per Pay Period Total Year 0- 4 4.93 hours 128 hours 5- 9 6.47 hours 168 hours 10-14 8.00 hours 208 hours 15+ 9.54 hours 248 hours 11.4 Funeral Leave All full time employees may be granted, upon approval the Department Head and City Manager, time off with pay not to exceed three calendar days, in the event of a death in the employee's immediately family for the purpose of attending the funeral of a relative. a. The employee's immediate family shall be defined as the employee's spouse, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law, and grandparents and any other member of kinship who may be residing under the same roof with an employee during the time of the death. b. Funeral leave shall not be charged to Personal Leave Days. C. The employee shall provide the Department Head with proof of death in family as defined before compensation is approved. 11.5 Military Leave Military duty means training and service performed by an inductee, enlistee, reservist, or any entrance into a temporary component of the armed forces of the United States, and time spent in reporting for and returning from such training in service or if a rejection occurs from the place of reporting for service. It also includes active duty for a reservist in the armed forces of the United States or a member of the Florida National Guard where the call is for training only. a. Eligibility Any permanent employee who has completed his probationary period and who leaves 31 the City's service for compulsory military duty shall be placed on military leave without pay, such leave to extend through a date of ninety days after his release from service. Such leave shall not exceed a period of two years. Leave for a military induction physical is leave without pay, except the City manager may approve leave with pay in certain instances. Employees are required to notify their Department Head prior to leaving for their physical. Failure to notify their supervisor may be cause for disciplinary action. b. Military Reserve Training or Emergency National Guard Service A regular employee who has completed his probationary period, and who is a member of any reserve component of the United States, will be allowed leave of absence with pay for required training for duty for a period not exceeding seventeen days during any one calendar year. 11.6 Civil Leave Employees attending court as a witness on behalf of the City of Atlantic Beach, or in conjunction with their assigned duties with the City of Atlantic Beach, or for jury duty during their normal working hours, shall receive full pay equal to their normal work schedule for the hours they attend court. a. Those employees who become plaintiffs or defendants in non -City, non -job-related cases must use personal or compensatory leave for same. b. If an employee attends court on his day off, he does not receive an extra day off. Employees working other than the normal working hours (days) who are requested to appear in any court, may receive time off from their regular shifts equal to the period of time served in court, at the recommendation of the Department Head and approved by the City Manager or his designee. C. Employees who attend court for only a portion of a regular scheduled work day are expected to report back to work when excused or released by the court. d. Employees required to attend court as stated above while on scheduled vacation may be allowed leave with pay for that court time, provided documentation can be given to the personnel representative and approval of the City Manager or his designee. e. In the event a holiday shall occur during the period of employee's jury duty, he shall receive pay for such holiday. f. All witness and jury fees except those allowed for meals and travel expense shall be remitted to the City when leave to attend court is with pay. 32 11.7 Training Leave Employees may be granted leave with pay to attend training courses in the best interest of the City, to attend conferences or seminars and similar instances upon recommendation by the Department Head and the approval of the City Manager. 11.8 Leave Without Pri. A request for leave of absence without pay is made to the employee's Department Head and must be approved by both the Department Head and the City Manager or his designee. a. The decision to grant leave without pay (leave of absence) is a matter of administrative discretion. It will be incumbent upon each Department Head to weigh each request and to determine each case on its own merits. All Department Heads are required to adhere to the following practices. 1. An employee granted a leave of absence must keep his Department informed, of his current activity (school, medical, military, etc.) as specified by Department Head. In addition, he must keep his Department advised of his current address at all times. 2. An employee, while on authorized leave of absence, who obtains either part-time or full time employment elsewhere, is required to notify his Department in writing within three days of accepting such employment. 3. Failure to comply with items 1 and 2 above may result in the employee being removed from leave of absence status, in which case he must return to duty or be dismissed. 4. An employee granted a leave of absence and who wishes to return before the leave period has expired, shall make written request to his Department Head. 5. Failure to return to work at the expiration of the approved leave will be considered as absent without leave and grounds for dismissal 6. Leave of absence without pay for one month or more shall cause the anniversary date to be deferred for an equivalent amount of time. 7. No Personal Leave will be earned by the employee for the time that the employee is on leave without pay. 33 11. 10 Worker's Compensation Payment of Worker's Compensation benefits to all employees who are disabled because of an injury incurred in the course of performing their duties with the City will be governed as follows: a. Full Worker's compensation benefits are provided in accordance with Worker's Compensation Law, Chapter 440, Florida Statutes, as may be amended from time to time. b. When an employee is absent due to compensable injury, the City will pay 100% of an employee's average daily earning for each regularly scheduled work day missed beginning with the first calendar day of the authorized disability, and continuing through the seventh calendar day of the authorized disability. However, in no case shall these payments and those paid through Worker's Compensation exceed the employee's normal net salary. Any amount paid by the City to the employee which is subsequently paid by Worker's Compensation to the employee shall be reimbursed by the employee to the City. An employee sustaining a lost time injury off the job may use accumulated Personal Leave Days to cover the time off the job due to an injury until he is compensated by Worker's Compensation. Personal Leave Days can be used to supplement that percentage (33 1/3%) of his pay which is not covered by Worker's Compensation. The employee must request this to the Department Head. All necessary forms for the above action must be submitted to the City Manager's office for processing. d. In addition to the benefits afforded under Section C. an employee may, upon written request to the City Manager, be awarded special benefits by the City if special circumstances are found to exist. The awarding of these special benefits shall be at the sole discretion of the City Manager and he shall determine if the employee must first exhaust all personal leave hours. The special benefits may consist of payment to the employee of the City in such amount as determined by the City Manager, but such payments shall not, when added to Worker's Compensation Benefits, total more than the normal regular pay received by the employee immediately prior to such special benefits. The following may be used by the City Manager in making his decision: 1. Consideration of degree of responsibility of employee/employer. 2. Obedience to or violation of laws, statutes, or ordinances involved in connection with the cause of such disability. 3. Obedience to or violation of safety rules and regulations of the City which are involved in the cause of the disability. 4. Obedience to or violation of instructions to the employee by superiors involving 34 the cause of the disability. 5. The performance of extra hazardous duties and voluntary exposure to unusual conditions in the course of performing employee's tasks which resulted in the disability. 6. The safety record of the employee and the period of accident -free service to the City. 7. Other factors in the opinion of the City Manager that warrant special consideration. e. Where an injury is caused by the knowing refusal of the employee to use a safety appliance provided by the City, or in violation of City Safety Regulations, the employee's Workmen's Compensation benefits may be reduced by 25%. Failure to obey any City Safety Regulations, or not use any safety appliance or device provided by the City, may result in disciplinary action, up to and including, discharge. 11.11 Contagious Disease Policy Purpose: The purpose of this policy is to provide guidelines for the handling of contagious disease cases (including Acquired Immune Deficiency Syndrome (AIDS), as they relate to employees of the City of Atlantic Beach. Employment Position: An individual infected with a contagious disease may continue to work in their designated capacity as long as they are able to perform the responsibilities of the job, and so long as there is a medically -based opinion that there would be no significant health and/or safety risk of exposing other employees to the disease, there is no inherent danger to the employee or the public in routine situations, and specific precautions will be taken to address exceptional circumstances. The City will assume that all employees who have contracted the AIDS virus wish the condition to remain confidential. All such cases will be referred to the City Manager, and the right to privacy of the affected employees will be respected. 11.12 Extended Medical Leave Policy Purpose The City of Atlantic Beach, in recognition of the Family and Medical Leave Act, realizes employees should not be required to choose between their employment and their own health or the health of their families, and has implemented the following medical leave policy, which is available to all eligible employees, provided the terms and conditions of this policy, as set forth IN are followed. Eligible Employees Employees who have worked for the City for a minimum of 12 months and have worked at least 1,250 hours during the twelve months directly preceding a leave request, may be entitled to a total of 12 work weeks of leave during any 12 month period when leave is taken for one or more of the following circumstances: The birth and subsequent care of a son or daughter of an employee; 2. The placement of a son or daughter with an employee for adoption or foster care; 3. To care for the spouse, son, daughter, or parent of an employee, if the family member has a serious health condition; or 4. The employee is unable to perform the function of the position because of the employee's own serious health condition. A "serious health condition" is an illness, injury, impairment, or physical or mental condition that involves: 1) inpatient care at a hospital, hospice, or residential medical care facility; or 2) continuing treatment by a health care provider. In the case of the birth or placement of a child for adoption or foster care, the employee's entitlement to leave expires at the end of the 12 -month period beginning on the date of the birth or placement. Where both spouses work for the City of Atlantic Beach, their combined leave in any 12 -month period is limited to 12 weeks if leave is taken for the birth or adoption of a child. Intermittent or Reduced Scheduled Leave When medically necessary, intermittent or reduced schedule leave can be taken in cases of a serious health condition, if the serious health condition is attributable to the employee or the employee's child, parent or spouse. Intermittent or reduce scheduled leave is not available for the birth or placement of a son or daughter without prior written approval by the Department Head. Employees seeking intermittent or reduced schedule leave based on planned medical treatment are required to produce medical certification outlining the dates on which treatment is expected and the duration of the treatment. Employees are expected to make a reasonable effort, subject to the health care provider's approval, to schedule treatment so as to not unduly disrupt the operations of the Department. Employees are also required to give their Department Head thirty (30) days notice of all routinely scheduled medical treatments. If the emergency or unforseen treatments 36 become necessary, the employee should provide as much notice as is practicable under the circumstances. Notice A minimum of thirty (30) days advance notice of an employee's intent to take leave is required when it is foreseeable because of: The expected birth of a baby; 2. The expected placement of a child for adoption or foster care; 3. Planned medical treatment for a son, daughter, spouse, or parent with a serious health condition; or 4. Planned medical treatment in case of the employee's own serious health condition. If leave has to begin in less than thirty (30) days as a result of one of the above referenced circumstances, the employee still must provide the Department with as much advance notice as is practical. Notice must be provided in writing to the Department Head or his designee. When notice is not given in these circumstances, the employee will be considered to have taken "unauthorized leave" and may be denied leave for a period of up to thirty (30) days after the untimely leave request is made. The employees will be required to exhaust all Personnel Leave and Compensatory Time available before Medical and Family Leave will be authorized. Certification When leave is requested based on a family member's or employee's own serious health condition, the employee must provide, in writing, certification from the employee's health care provider. This medical certification must document the condition and the need for leave. This certification must be provided within ten (10) days of the written request for leave and contain the following information: 1. The date the serious health condition began; 2. The probable duration of the condition; 3. The appropriate medical facts regarding the condition which are within the knowledge of 37 the health care provider; 4. Where leave is based on care of a spouse, child or parent, a statement that the employee is needed to provide the care and an estimate of the amount of time that the need will continue; 5. Where leave is based on the employee's own serious health condition, a statement that the employee is unable to perform the functions of his job; and 6. Where intermittent or reduced leave is sought for planned medical treatment, a declaration from the health care provider stating this kind of leave is medically necessary, the dates treatment is expected to be given and the duration of the treatment. This certification will be treated as a confidential medical record and information will be disclosed only a strictly need -to -know basis, unless otherwise required by Florida law. Unless otherwise specified, the health care provider must be a licensed medical doctor, doctor of osteopathy, dentist, podiatrist, optometrist, clinical psychologist, Christian Science practitioner or nurse midwife. Recertification An employee who has taken leave because of his own serious health condition, or that of a family member, is required by the Department to obtain subsequent written recertification of the medical condition every four (4) weeks during the duration of the condition. The Department also requires an employee on leave under this provision to report periodically, in writing, at least every two (2) weeks, regarding his status and the intention of the employee to return to work. Failure of the employee on leave to report periodically on his status may subject the employee to discipline for unexcused absence. Restored Employment Eligible employees who comply with all provisions of this Policy (if not otherwise not exempted from restoration as discussed below) and who return from family and medical leave, have the right to return to the job position they held when they went on leave, or to be placed, at the discretion of the Department, in an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. While on leave, eligible employees will retain all accrued benefits. However, restored employees returning from family and medical leave are not entitled to accrue seniority or employment benefits during any period of leave. Additionally, restored employees are not entitled to any right, benefit, or position of employment other than any to which they would have been entitled had they not taken leave. As a condition to restoring an employee whose leave was based on the employee's own serious 38 health condition, each returning employee is required to provide, in writing, to the Department Head, certification from the employee's health care provider stating that the employee is able to resume work. Failure to provide such certification may result in an employer's denial of the employee's restoration until such time as that certification is provided. The City of Atlantic Beach reserves the right to decline restoration to its highest paid 10% of its work force to their former or equivalent positions. However, it shall only decline restoration if it determines that denial of restoration is necessary to protect its operations from grievous and substantial economic harm and if it has notified the employee of its intention to deny restoration at the time the decision was made. Maintenance of Benefits The City of Atlantic Beach will maintain group health plan coverage for employees on family and medical leave for the duration of the eligible employee's leave. Coverage will be provided on the same level and under the same conditions that coverage would have been provided if no leave had been taken. The employee will be responsible to reimburse the City for the employee's portion of any medical insurance coverage that is the employee's responsibility and is paid for by the City while the employee is on Family and Medical Leave. This may be done by payroll deduction after the employee returns to work. In the event an employee fails to return to work after the period of leave expires, the City may recover any premiums it has paid for coverage during the leave period. Such recovery can be taken from any benefits or wages owed by the employee to the City. Prohibited Act Any employee who either threatens, intimidates and/or interferes with another employee's right to take leave under this policy, or who otherwise attempts or causes another employee to threaten, intimidate and/or interfere with the exercise of an employee's right under this policy, shall be subject to disciplinary action, up to and including discharge. Section 12 DEVELOPMENT 12.1 In -Service Training It will be the responsibility of the City Manager and Department Heads to foster and promote in-service training of employees for the purpose of improving the quality of personnel services rendered to the City and to assist employees to equip themselves for advancement in the service of the City. 39 12.2 Health and Welfare All City employees shall help promote safe and satisfactory working conditions that are conductive to high morale, a safe working environment, greater efficiency and low rate of turnover in the City employment. Section 13 PERSONNEL RECORDS AND REPORTS 13.1 Responsibilityy The City Manager or his designee shall establish and maintain comprehensive personnel records of all employees in the municipal service. 13.2 Records to be -Considered Property of the City All personnel records of the City government covered under the personnel management system, and all other records and materials relating to the administration of the City personnel program shall be considered the property of the City. The decision of the City Manager or his designee relating to the use, maintenance and disposition of such records and material as to whether or not any information contained therein may be disclosed, shall be in accordance with State Statute. In all other cases, the decision of the City Manager shall be final. 13.3 Forms The City Manager, or his designee, shall prescribe necessary forms and reports for any personnel action or changes. 13.4 Change of Status The Department Heads will ensure that all supervisors notify all employees of the importance of keeping their personnel record current. Change of status forms will be sent to the Personnel Department listing any change of employee's status as follows: a. Change of address (even if temporary). b. Change of telephone number or nearest telephone number. (Excluded from this provision are members of the Police Department). C. Change of life insurance beneficiaries. d. Number of dependents. 40 e. Change in marital status that may be in conflict with personnel rules as stated in Section 1.7. f. Any change, not previously reported, or status that was originally given at time of employment. 13.5 Departmental Personnel Records a. A daily attendance record will be maintained by each Department and is the responsibility of the respective Department Head. The necessary attendance record shall be submitted to the Finance Director for payroll preparation. b. Records for personal leave scheduling, accrued personal leave time, overtime hours, and compensatory time, will be maintained and will be the responsibility of the Department Head and shall be transferred to the City Manager's office. A Leave Request form documenting absences to include, personal leave, leave without pay, etc., will be forwarded by the Department Head to the City Manager's office. All authorized absences must be recorded on the Department attendance form. Section 14 SAFETY REGULATIONS AND EQUIPMENT USE 14.1 Safety Policy It is the policy of the City of Atlantic Beach, that the safety of employees, the general public, and City operations is of paramount importance. Safety takes precedence over expediency and shortcuts and every attempt will be made to reduce the possibilities of accident occurrences. When a person enters the employment of the City of Atlantic Beach, the employee has a right to expect that he will be provided with a proper place in which to work, proper equipment and tools with which to do the job, so that he will be able to devote his energies to his work without fear of possible harm to his life and health. Only under such circumstances can the relationship between the employer and the employee be mutually profitable and harmonious. It is the City's desire to provide a safe work place, safe equipment, proper materials, and to establish and insist upon safe methods and practices at all time. It is the basic responsibility of all City Department Heads to make the safety of human beings a part of, and not separate from, their daily, hourly concern. This responsibility must be accepted by everyone employed by the City, regardless of the employee's job title. FIE Management considers no phase of operation or administration of greater importance than accident prevention. It is the policy of the City, therefore to provide and maintain safe and healthful working conditions, and to follow operating practices that will safeguard all employees and result in safe working conditions and efficient operation. Accident prevention and efficient production go hand in hand. All levels of management have a primary responsibility for the safety and well-being of all employees. This responsibility can be met only by working continuously to promote safe work practices among all employees, and to maintain property and equipment in safe working condition. The first line supervisor is the key person in the safety program because he is in constant contact with employees. No foreman, supervisor, or Department Head may overlook their responsibility for safety. Safety is an operating function and cannot be transferred to a staff organization. Safe practices on the part of employees must be a part of all operations. No job shall be considered efficiently completed unless the employee has followed every precaution and safety rule to protect himself, and his fellow workers. The goals of production and safety must be inseparable. Total safety extends into two important areas, City personnel and the public. This policy is implemented in these vital areas by: a. Development and application of safety standards for all City operations. b. Safety inspections to identify potential hazards in all City operations. C. Accident investigation to determine causes of accidents and to prevent reoccurrence. d. Accident record and accident cause analysis to determine accident trends, and provide targets for corrective action. e. Education, training, and general safety principles and techniques: on the job safety instruction by the supervisor and periodic supervisory contacts for new instructions and follow up on general safety motivation. f. All proper protective equipment to provide personnel protection in hazardous areas. It shall be the responsibility of the City Manager to implement the above policy. Department Heads shall report to the City Manager all information pertinent to the safety program. 14.2 Administration of the Safety Policy In order to minimize the number of employee accidents and the liability for City operations and 42 property, a Safety Program is established. All employees of the City have certain duties and responsibilities under this program, as follows: Department Heads Each Department Head shall be responsible for the success of the Safety Program in all Departments and Divisions under his jurisdiction, and will assure that all accidents are investigated and reported promptly regardless of seriousness. Each Department Head shall make every effort to correct the cause of the accidents and shall be responsible for every one of his employees' fully understanding all safety directives. Supervisors and Division Directors Each supervisor shall be responsible for the safety of employees and the safe operation of equipment and machinery under his supervision. The supervisor or Division Director shall assure that all employees are assigned to jobs for which they are qualified and that said employees are properly instructed as to the duties of the position. Employees - All employees must: a. Follow instructions as outlined by their supervisor. b. Operate automobiles, trucks, tractors and other City equipment in a safe manner. C. Report all unsafe conditions and unsafe action to their supervisor. d. Report all accidents immediately regardless of the seriousness. e. Operate only that equipment which he is authorized to operate. f. Wear protective equipment as required. g. Obey all safety rules and regulations. The failure of any City employee, supervisor, or Department Head to comply with the responsibilities and regulations of the Safety Program, including those established later by Safety directives prepared by the City Manager, shall be subject to penalty such as reprimand, suspension, demotion, termination of service, or other penalty as the City Manager deems appropriate for the offense under existing Personnel Policies and Procedures. 43 14.3 Equipment Use A. City Property It is unlawful for any officer or employee of the City to use any property owned by the City for his personal benefit, convenience or profit. B. Vehicle Regulations In order to standardize the procedures utilized by employees in the assignment and operations of the city owned vehicles, to achieve more efficiency in operations, and to promote the national goal of energy conservation, the following rules and regulations are established for the City of Atlantic Beach. The regulations and procedures outlined in this statement apply to all City owned vehicles assigned to Departments under the administrative direction of the City Manager, except personal use of vehicles in the Department of Public Safety which shall be governed under policy within the Department of Public Safety. The two primary principles embodied in these regulations are: (1) When service to the public requires the availability of a vehicle, an automobile or truck appropriate to the particular job may be made available by the City. (2) The operation of a City vehicle by an employee will be only for official City business. The use of a vehicle must be based on job responsibility and the duties performed. In addition, the use of a City vehicle is in no way to be construed as a fringe benefit or as a salary supplement. Any violation of the Policies and Procedures contained herein will result in disciplinary action including reprimand, suspension, demotion or dismissal as may be appropriate for the particular offense. Any exceptions or unusual circumstances not provided for in these regulations must have specific approval of the City Manager. C. Vehicle Classification Pool Vehicles Pool vehicles are those trucks, automobiles, and other pieces of equipment which are designated for general use by City employees who do not have a vehicle assigned to their particular positions. All City owned vehicles not otherwise assigned under any other classification will be designated pool vehicles. Vehicles so designed may be assigned to either a Department or multi -Departmental pool. Employees designated access to pool vehicles are those who's duties and responsibilities require occasional vehicle use, the nature and using of which are unpredictable, varied, and limited. In addition pool vehicles are those that are used on a shift basis and utilized by different employees at different times. Pool vehicles are to be assigned on a daily (or less) basis by the Department Head or, in the case of multi -Department vehicles, by the City Manager. 2. Assignment Vehicles The assignment classification is designed to provide access to City owned vehicles for those employees whose positions require utilization of vehicles during normal working hours. Take home responsibilities are not involved under this classification. City owned vehicles will be assigned to a position when the nature of the vehicles use is predetermined, predictable and routine. 3. Special Assignment Vehicles This classification is designated to provide access to a City owned vehicle for those employees whose duties and responsibilities are such that they require a vehicle assignment which includes take home responsibilities. City owned vehicles will be assigned to this classification only by the City Manager upon request of the Department Head. A vehicle will be designated "Special Assignment " when: a. The responsibilities of the position require the routine and regular conducting of City business before or after normal working hours in the performance of the duties of that position. b. Emergency use will be required after normal working hours. C. The responsibilities of the position are such that it is to the convenience of the City to assign a vehicle for special use. A special assignment vehicle is designated for use on a twenty-four (24) hour per day basis commensurate with the full-time responsibilities of directing the operations of a City Department or Division. (e.g. Police and Fire Chief). d. Any vehicle classified as a pool vehicle or assignment vehicle may be temporarily assigned to a particular employee for use during an on-call period. During this time, the vehicle will require take home responsibility. When available, a vehicle will be provided for those employees who periodically are assigned on-call duty by their immediate supervisor. A demonstrated need for the use of a City vehicle to insure quick response to an emergency or other after hours call for service must be verified by the Department Head who must, in addition, further insure that the employee is officially on call and ready to respond. 45 A Department Head may authorize the occasional take home of a City owned pool or assignment vehicle for those employees who are on call in accordance with Departmental requirements. 4. Personal Use of City Vehicles Under normal circumstances, City owned vehicles will not be used for personal business. There are only two exceptions to this general rule: a. Employees may use a City vehicle for transportation to and from an eating establishment in Atlantic Beach or Neptune Beach if a meal period occurs during the employee's normal working hours, and the employee, due to a particular vehicle assignment, has no access to a private vehicle. Also, if an employee is working in the field and return to the normal place of work is impractical, a City vehicle may be used for transportation to acquire a meal. b. While exercising appropriate discretion, those employees in the special assignment classification may use a City vehicle for personal business as designated by the City Manager in order to be available for response on an emergency or active basis if required. While operating the vehicle, the employee shall at all time be available by radio (or if in a vehicle not radio -equipped, by recording telephone numbers of all destinations with the Department Head or central dispatch) to respond, if needed, on City business. 5. When u ' a a C4 vehicle,the employee must- a. us : a. Possess a current and valid Motor Vehicle Operator's License by the State of Florida, appropriate for the size and type of vehicle operated. If an employee's drivers license is suspended he will immediately, upon arriving at work, inform his supervisor. b. Ensure that the City vehicle is in proper operating condition at all times. Any malfunctions should be reported immediately to the City garage. The Department Head shall have the responsibility and authority to remove from service any vehicle which he feels is unsafe or inoperable C. Be in such physical condition to insure the safe operation of the vehicle and to prevent a hazard to the driving public. d. Inform the immediate supervisor of an condition which presents a public hazard to either the employee or the general public in the operation of a vehicle. e. Take the shortest route to and from all jobs; utilize the most practical size vehicle to accomplish the job; and plan work in order to eliminate all unnecessary trips. 46 6. Prohibited Practice The following practices or activities are specifically prohibited: a. The operation of a City vehicle while under the influence of alcohol or any other intoxicating or hallucinatory drugs or controlled substances. b. The transportation of alcohol or any other intoxicating or hallucinatory drugs or controlled substances in a City vehicle. This prohibition does not apply to police and public safety activities when the transportation of such materials is in furtherance of law enforcement duties and responsibilities. C. The transportation in a City vehicle of any non -City employee except a non-employee who may be transported on the official business of the City, or with approval of the City Manager or Department Head or his designee. Public Safety vehicles shall be exempt from this restriction and shall be governed by Departmental policy. d. The operation of a City vehicle in the conduct of city business which the results in the violation of any traffic regulation. e. The operation of a City vehicle in such a manner that would result in property or bodily damage either to the City or to the public due to careless or negligent operation on the part of the employee. f. The conduct of any personal business which results in no benefit to the City of Atlantic Beach, except as provided in Section 4.b. Personal Use of City Vehicles. Any employee who observes another individual committing any to the prohibited acts as outlined above is required to report such activity to his immediate supervisor.. Section 15 EMPLOYEE CODE OF ETHICS 15.1 Purpose It is essential to the proper conduct and operation of government that City employees be independent and impartial, and that City employment not be used for private gain. This policy is established to protect against any conflict of interest and to establish standards of conduct for City employees. 47 15.2 Policy d Procedures It is the policy of the City of Atlantic Beach that: a. No City employee shall accept any gift, favor or service that may reasonably tend to influence him improperly in the discharge of his official duties. b. No City employee shall use or attempt to use his position to secure special privileges or exemptions for himself or others, except as may be provided by policy or law. No City employee shall accept employment or engage in any business or professional activity which might require or induce him to expose confidential information acquired by him by reason of his official duty. d. No City employee shall disclose confidential information gained by reasons of his official position, nor shall he otherwise use such information for his personal gain or benefit. e. If an employee of the City is an officer, director, agent, or member of, or owns controlling interest in any corporation, firm partnership, or other political subdivisions of the State, he shall file a sworn statement to the effect with the City Clerk and with the Circuit Court of Duval County as may be required by State Law. f. No City employee shall transact any business in his official capacity with any business entity of which he is an officer, director, agent or member, or in which he owns controlling interest. g. No City employee shall have a personal investment in any enterprise which will create a substantial conflict between his private interest and the public interest. Any violations of the provisions of this policy shall be subject to review and appropriate disciplinary action. When an employee of the City has any doubt as to the application of the policy as it relates to himself, he should discuss the possible violation with the City Manager. 15.3 Public Relation Employees shall remember that they represent the City as a whole when serving the public. They shall conduct themselves so as to project a desirable image of the City. 15.4 Borrowing Cb Equip=nt The use of any City equipment such as borrowing typewriters, tape recorders, cameras, shovels, etc., for personal use shall be prohibited unless otherwise approved by the City Manager, and this permission will be granted only under special or unusual circumstances. 15.5 Conflict of Interest No employee of the City shall have a financial interest in the profits of any contract, service, or other work preformed by the City, nor shall any employee personally profit directly or indirectly from any contract, purchase, sale, or service between the City and/or any person or company; nor personally or as an agency provide any surety bill or bond required by law, or subject to approval by the City Commission. Any official or employee who violates the provision of this rule shall be considered guilty of misconduct in his service. 15.6 Use of Cit Equipment and Pe onnel on Private PropeM The use of City equipment at any time and the use of City employees during normal working hours for any construction, repair, improvements, or other such actions on private property for the benefit or profit of private individual(s) is prohibited. 15.7 Political Activities No employee of the City of Atlantic Beach will be allowed to take an active part in political management or in political campaign during working hours. This does not prohibit an employee from voting as he may choose, or from expressing his opinion on any political subject or candidate. No leave of absence, excluding previously accumulated personal leave, shall be granted to such employees for the purpose of participating in a political campaign. 15.8 Outside Emplo=ent In order that the City may maintain and increase the efficiency of its employees: a. No employee of the City may engage in any outside employment or activity which is inconsistent, incompatible, or in conflict with his duties as a City employee. Outside employment which may result in an appearance of impropriety, or interfere with the efficient performance of the performance of the employee's regular duties is similarly prohibited. b. If such outside employment in any manner conflicts or interferes with the employee's service to the City, the City Manager will have the right to order the employee to discontinue the outside employment . C. No City employee shall be otherwise employed except with the written prior permission of the City Manager. Permission shall be granted in accordance with the standards established in subsection (a) of this regulation. 1. City employees who are currently engaged in outside employment activities shall have ten (10) days within which to seek written permission from the City Manager to continue such activities. d. The term "outside employment" as it is used in this section refers to any employment engaged in by a City employee apart from his City employment, whether or not such employment is for remuneration, and includes self-employment. C. The City of Atlantic Beach will assume no responsibility or liability for any injuries incurred while the employee is engaged in outside employment activities. Section 16 EMPLOYEE PERFORMANCE EVALUATIONS 16.1 Purpose The City manager shall establish and administer a program for rating the work performance of employees working for the City. The Employee Performance Evaluation Report is designed to permit the evaluation of the employee's performance as accurately and as fairly as possible. The ratings are set forth on the performance evaluation forms provided by the Human Resources Coordinator. Each employee shall be given the opportunity to discuss the evaluation with the person who rates him. a. Intent of Performance Evaluation The performance evaluation will indicate to the employee how his past performance has been evaluated by the immediate supervisor or administrative supervisor next in the chain of command, and will serve as the basis for discussion of how an employee's performance can be improved. The rating will also call attention to the need for counseling and further training for the employees whose evaluation reveals that their work performance should be improved. The performance evaluation can be used in estimating a employee's potential for advancement or may be useful for documenting job performance and employee attitude in support of disciplinary actions. b. Frequency of Performance Evaluations All employees, both initial entrance and promotional, will have the appropriate probationary evaluation forms completed after three month (if needed) and at the end of the six months probationary period. All other performance evaluation forms are prepared for each employee annually based on the employee's anniversary date. An employee who fails to pass an initial probationary period shall be notified of his termination prior to the expiration of the probationary period, and the employee shall not 50 have the right to grievance procedures or any other established procedures within the City. d. Rating Procedure The immediate supervisor directly familiar with the employee's service during the evaluation period shall be charged with the rating responsibility, unless otherwise assigned by the Department Head. If the employee has had more than one supervisor during the rating period all concerned supervisors should contribute to the performance evaluation. Before rating the employee, the supervisor should review the duties and responsibilities required of the position to assure full understanding of what is expected of the employee. The appropriate supervisor shall initiate the evaluation in sufficient time to discuss the results with the employee, obtain the necessary Departmental signature, and forward the rating to the Personnel Department prior to the expiration of the evaluation period. Completion of Performance Evaluation 1. Comments and Discussion Upon completion of the performance evaluation and calculation of the employee's job performance scoring, the rater should write all additional comments necessary to justify the rating given in the space provided on the performance evaluation form. When completely satisfied that the evaluation is equitable and the calculation correct, the supervisor should sign and date the performance evaluation. A private uninterrupted performance review meeting should be scheduled with the employee which provides sufficient time to discuss the results of the evaluation. Performance deficiencies should be considered as problems to be resolved mutually through discussion of specific incidents. The supervisor and the employee being rated should establish realistic goals to be achieved, as well as means of improving overall performance during the next rating period. The meeting should provide an opportunity for meaningful communication between the supervisor and the employee. The supervisor should attempt to determine how he can best assist the employee in meeting the assigned duties and responsibilities, and in improving his overall job performance. Prior to the review meeting, the immediate supervisor should check the employee's salary progress and be prepared to realistically answer any questions regarding salary increases or promotional opportunities. The supervisor should avoid making commitments or promises regarding the employee's future advancement, but may offer encouragement and advise the employee of actual promotional opportunities. 2. Employee Comments and Signature After reviewing and discussing the performance evaluation, the employee may write any 51 appropriate comments in the space provided. The employee should sign and date the evaluation form indicating that he was given the opportunity to discuss the rating with the supervisor. The signature does not mean that the employee agrees with the supervisor's evaluation. If the employee refuses to sign the performance evaluation form, it should be indicated in the space provided for the signature with the Department Head also having a witness to the fact signing same. No further comments or information shall be listed on the performance evaluation after the employee has reviewed and signed the evaluation form. 16-2 Performance Evaluation Distribution The completed performance evaluation form shall be signed by the Department Head and then forwarded for signature to the City manager. The original signed form shall be returned to the Personnel Department for filing in the Employee's file. 52 SEXUAL HARASSMENT POLICY POLICY: APPENDIX A It is the policy of the City of Atlantic Beach that sexual harassment of any employee is strictly prohibited. DEFINITION: Sexual harassment is defined as any unwelcome sexual advances, request for sexual favors or other verbal or physical conduct of sexual nature when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual employment. b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual. C. Such conduct has the purpose or effect of unreasonably interfering with an individual work performance or creating an intimidating, hostile, or offensive working environment. PROCEDURE: The following procedure is to be used by an employee who believes that he has been the subject of sexual harassment: a. Report the alleged harassment immediately to your immediate supervisor. If you prefer not to discuss the matter with your supervisor, you may report directly to your Department Head, City Manager or his designee. b. A confidential investigation of the complaint will be undertaken. All information disclosed in the procedure will be held in strictest confidence and will only be disclosed on a need - to -know basis in order to investigate and resolve the matter. Complaints will be examined impartially and resolved promptly. C. Any complaint that is not resolved to the employee's satisfaction may be submitted in writing to the City Manager for further review and response. Any supervisor, agent or other employee who is found, after investigation, to have engaged in sexual harassment of another employee will be subject to immediate and appropriate disciplinary action up to, and including, discharge. 53 All employees are assured that any complaint under this policy will be handled fairly and that no reprisal in any form will result from any complaint. 54 APPENDIX B VOLUNTEER INFORMATION F RM ADDRESS: DEPARTMENT: PERSON ISSUING SUPPLIES: ITEM(S) ISSUED ABOVE TO BE USED DURING VOLUNTEER PERIOD WITH THE CITY OF ATLANTIC BEACH ARE AS FOLLOWS: Closest, nearest relative/friend not living with you. Name: Address: Phone: ALL ABOVE ITEMS ARE TO BE RETURNED TO THE DEPARTMENT ISSUING THE ITEMS WHEN THE VOLUNTEER PERIOD HAS ENDED FOR SAID PERSON UNLESS OTHERWISE NOTED ABOVE. SIGNED: VOLUNTEER WITNESS: 55 DATED: DATED: APPENDIX C CITY OF ATLANTIC BEACH POLICY STATEMENT ON THE AMERICANS WITH DISABILITIES ACT The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities because of their disabilities who are employed by us, as well as persons applying for jobs with us. The ADA provides that disabled individuals are treated fairly and given opportunities equal to those provided to others working or seeking to work here. The ADA prohibits discrimination against people with disabilities in every aspect of employment: 1. Recruitment, advertising, and job application procedures. 2. Hiring, upgrading, promotion, demotion, transfer, layoff, termination, right of return from layoff, and rehiring. 3. Rates of pay or any other form of compensation and changes in compensation. 4. Job assignments, job classifications, organizational structures, position description, lines of progression and seniority lists. 5. Leaves of absence, sick leave, or any other leave. 6. Fringe benefits by virtue of employment, whether or not administered by the employer. 7. Selection and financial support for training, including apprenticeships, professional meetings, conferences and other related activities, and selection for leaves of absence to pursue training. Activities sponsored by the employer including social and recreational programs. 9. Any other term. condition, or privilege of employment. The ADA requires that we not exclude or isolate persons with disabilities; be willing to modify the format of applications (such as using print or audio tape), or to offer assistance with completing them; hold testing and interviewing in accessible locations (so people who use wheelchairs can participate, for example); provide accurate information about the abilities and skills of individuals with disabilities when conducting test and interviews; provide reasonable accommodation so that an individual with a disability can perform the essential functions of his job; and engage in other actions that will make it easier for people with disabilities to participate in the life of the City of Atlantic Beach. 56 We are committed to complying with these ADA requirements. We encourage all employees to help us achieve this objective. We have established an office within our Human Resources Department to formalize our commitment to the ADA. If you believe that your or someone else has been discriminated against on the basis of disability or if you have any question, concerns or suggestions relating to the ADA, call the Human Resources Coordinator at 247-5800. The ADA does not require that we give preferential treatment to individuals with disabilities or lessen our qualification standards. The law does require that we consider reasonable modifications regarding how qualified individuals with disabilities demonstrate their abilities and skills and do the essential functions of their jobs. We should all work together to see that such opportunities are available for persons with disabilities. 57 RESOLUTION 96-16 A RESOLUTION ION OF THE CiTY Y OF= ATLANTIC: BEACH, FLORIDA ADOPTING THE REVISED EMPLOYEE HANDBOOK; ADOPTING THE APPENDICES, INCLUDING THE EQUAL EMPLOYMENT OPPORTUNITY POLICY AND THE DRUG FREE WORK PLACE POLICY; ESTABLISHING AN EFFECTIVE DATE. INHEREAS, The City Commission of the City of Atlantic Beach recognizes the importance of clearly defined regulations and consistent treatment of its employees, and WHEREAS, The City Commission of the City of Atlantic Beach desires to further that concept by establishing and adopting a written policy handbook clearly defining the expected norms of behavior and the processes to affect changes in employment, for both employees and management, and WHEREAS, The City Commission of the City of Atlantic Beach finds that the existing handbook does not adequately address many current employment situations, and WHEREAS, The City Manager has caused to be written a revised handbook which clearly and accurately addresses the complex relationship between the City and its non -bargaining unit employees. NOW, THEREF=ORE BE IT RESOLVED BY THE CITY COMMIiSSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Atlantic Beach hereby adopts the attached revised Employee Handbook, along with its appendices as the o ficial employee 11d.P)0book of 'the city. directs ^. The City Commission of the City of Atlantic Beach hereby directs the City i-0tanager to implement said handbook and ail of its provisions immediately upon passage of this resolution. Adopted by the City Commission of the City of Atlantic Beach this 08th day of April 1996 Lyman Fletcher, Mayor Approved as to form and correctness. - Alan C ensen, City Attorney Attested: Maureen Kin , City Jerk APPENDIX D ALCOHOL AND DRUG TESTING: Table of Contents I. Introduction ------------------------------------------------------------1 II. Purpose-----------------------------------------------------------------1 III. Rules of Conduct ------------------------------------------------------2 IV. Definitions --------------------------------------------------------------2 V. Notice of Implementation of City of Atlantic Beach's Substance AbusePolicy ------------------------------------------------------------5 VI. Types of Testing --------------------------------------------------------5 VII. Consequences of an Employees's refusal to submit to City of Atlantic Beach's Substance Abuse Policy ----------------------------8 VIII. Penalties for an Employees's positive confirmed test results -------8 IX. Specimen Collection and Laboratory Procedures -------------------8 X. Challenges to test results ----------------------------------------------10 XI. Confidentiality/Employee Safeguards --------------------------------10 XII. City of Atlantic Beach's Commitment to Educating its Workforce regarding Substance Abuse -------------------------------------------10 Certificate of Acknowledgement ----------------------------11 Certificate of Authorization ----------------------------------12 Over -the -Counter and Prescription Drug Information ----13 I. INTRODUCTION The City acknowledges the problem of substance abuse in our society. It is a serious and pervasive problem that threatens the health and safety of our employees, our community and our government. Unlike many other debilitating and life threatening afflictions, illegal drug abuse usually begins voluntarily. Drug abuse, while directly impacting the individual, has a harmful influence on the individual's family, friends, co-workers, employer and the community. In addition to the emotional costs, drug abuse can affect employee safety and robs government of time, productivity and profitability. For these reasons, we are introducing a new drug abuse policy to ensure you will have a workplace free from drugs. This policy is designated to provide you with information to understand and recognize drug abuse. We believe this is the first step toward eliminating such abuse. By fighting substance abuse and enlisting your assistance here and at home, we believe we can effectively prevent any problem in our City. We recognize the valuable role of prescription drugs when taken under the direction of a physician and administered responsibly. However, the City also recognizes the potential problem posed by irresponsible use. The abuse of prescribed medications will be dealt with in the same manner as the abuse of illegal substances. The City appreciates the service and loyalty of our employees. We believe this program demonstrates a balance between our respect for individual privacy with our need to keep a safe, productive, drug-free work environment. II. PURPOSE In an effort to meet its commitment to employee safety and to eliminate future substance abuse related costs from its operations, the City has established a policy to test employees for drugs (including alcohol) and to encourage and aid the City's employees in overcoming drug dependency problems. The City of Atlantic Beach is committed to a drug-free work place and a drug-free work force. As a condition of employment, all employees are required to fully comply with the provisions of the City's Substance Abuse Policy. All employees shall receive and be asked to read the City's policy with regard to drug usage (including alcohol) and sign a statement indicating their understanding of the policy. The City of Atlantic Beach's Substance Abuse Policy fully conforms with Chapter 440, Florida Statutes, as well as the Workers' Compensation Drug Testing Rules enacted by the Department of Labor and Employment Security, Division of Workers' Compensation, for the State of Florida (hereinafter referred to as the "Division"). These rules are codified at Florida Administrative Code Chapter 38F-9. Questions concerning the application or interpretation of the policy, should be directed to the City Manager's office. III. RULES OF CONDUCT The City of Atlantic Beach strictly prohibits its employees from being on duty and possessing, using, distributing or being under the influence of alcohol, marijuana or any drug not prescribed for the employee. The penalty for violation of the City's Substance Abuse Policy may result in termination of employment or some other form of discipline which the City, in its discretion, deems appropriate. apply: IV. DEFINITIONS For the purpose of construing the City's substance Abuse Policy, the following definitions 1. "Alcohol" means ethyl alcohol (ethanol). References to use of alcohol include use of a beverage, mixture or preparation containing ethyl alcohol. 2. "Chain -of -Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, storing and reporting of test results. 3. "Collection Site" means a place where individuals present themselves for the purpose of providing a specimen to be analyzed for the presence of drugs. 4. "Collection Site Person" means a person provided by an approved laboratory who instructs and assists individuals at a collection site and who receives and makes an initial examination of the specimen provided by those individuals. 5. "Confirmation Test", "Confirmed Test", or "Confirmed Drug Test" means a second analytical procedure to run a sample that was positive on the initial screening test. The confirmation test is different in scientific 2 5. "Confirmation Test", "Confirmed Test", or "Confirmed Drug Test" means a second analytical procedure to run a sample that was positive on the initial screening test. The confirmation test is different in scientific principle from that of the initial test procedure. The confirmation method is capable of providing requisite specificity, sensitivity and quantitative accuracy. The confirmation test for alcohol will be gas chromatography and the confirmation test for all other drugs will be gas chromatography/mass spectrometry. 6. "Controlled Substance" is synonymous with the term "Drug" as defined herein. 7. "Division" means the Division of Workers' Compensation of the Department of Labor and Employment Security of the State of Florida. 8. "Drug" means alcohol (including distilled spirits, wine, malt beverages and intoxicating liquors), amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein. 9. "Drug Test", "Substance Abuse Test" or "Drug Screen" means any chemical, biological or physical instrumental analysis in conformity with this policy, administered for the purpose of determining the presence or absence of a drug or its metabolites. The City will test for cocaine (including crack), amphetamines, (including Biphetamine, desoxyn, dexerdrine, opiates (including paregoric, parepetolin), phencyclidine (PCP), and cannabinoids (including marijuana, hashish) or their metabolites during all testing. In addition, the City will test for alcohol during reasonable suspicion, and post -accident testing. The City may test for any other drug when it is necessary, or when required by state and federal laws. 10. "Employee" means a person who performs services for compensation and is covered by the Florida Workers' Compensation Act. 11. "Employer" refers to the City of Atlantic Beach, an entity that employs individuals in Florida and is covered by the Florida Workers' Compensation Act. 12. "GC" means gas chromatography. "GC/MS" means gas chromatography/mass spectrometry. 3 drugs other than alcohol shall be an immunoassay, the initial test for alcohol shall be an enzyme oxidation methodology. 14. "Job Applicant" means a person who has been offered a position with the City of Atlantic Beach, conditioned upon his passing the Substance Abuse Policy. 15. "Laboratory" means a facility, inside or outside the State of Florida, licensed by the Department of Health and Rehabilitative Services or in r certain cases, a facility certified by the National Institute. on Drug Abuse (NIDA) to analyze specimens for the detection of drugs. 16. "Medical Review Officer" or "MRO" means a licensed physician, who is responsible for receiving and reviewing all confirmation results from the laboratory. The MRO is responsible for contacting all positively tested individuals to inquire about possible prescriptive or over-the-counter medications which could have caused a positive test result. The MRO must have knowledge of substance abuse disorders and have the appropriate medical training to interpret and evaluate a positive test result with prescriptive or other relevant medical information. 17. "Nonprescription Controlled Substance" means amphetamines; cannabinoids, cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs obtained without a prescription. 18. "Nonprescription Medication" means a medication that is authorized pursuant to state or federal law for general distribution and use without a prescription in the treatment of human disease, ailments or injuries. 19. "Prescription Medication" means a drug or medication obtained pursuant to a prescription as defined by Florida Statutes. 20. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy, drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. 21. "Reason to Suspect" means an articulable belief that an employee possesses or uses drugs or alcohol at the workplace, is intoxicated or impaired by drugs (including alcohol), based on specific and particularized facts and reasonable inferences drawn from those facts in light of experiences. 4 22. "Specimen" means a blood or urine sample of the human body capable of revealing the presence of drugs (including alcohol) or their metabolites. 23. "Threshold Detection Level" means the level at which the presence of a drug (including alcohol) can be reasonably expected to be detected by an initial an a confirmatory test performed by a laboratory that meets standards established herein. The threshold detection level indicates the level at which a valued conclusion can be drawn that the drug (including alcohol) is present in the employee's sample. V. NOTICE OF IMPLEMENTATION OF THE CITY OF ATLANTI BEACH'S SUBSTANCE ABUSE POLICY The implementation of the Substance Abuse Policy, contained within the confines of this document, constitutes general notice to all employees that each individual is required, as a - condition of their continued employment with the City, to refrain from using drugs, (including alcohol) either on or off the job, to the extent that any off-duty use of such substances impacts upon their ability to perform their employment duties. The implementation of this policy further constitutes general notice that all employees of the City of Atlantic Beach may be required to submit to drug (including alcohol) testing as stated in this policy. A copy of this policy will be posted on the bulletin board and copies will be made available upon request. VI TYPES OF TESTING The City of Atlantic Beach reserves the right to conduct the following types of drug testing: A. Job Applicant Substance Abuse Testing; B. Current Employee Substance Abuse Testing; 1. Routine Fitness -For -Duty Testing; 2. Reasonable Suspicion Testing; 3. Post -Accident Testing; and 4. Follow-up Testing Both job applicant and current employee testing procedures shall provide for a second confirmation test of the remaining portion of an applicant/employee's initially tested specimen in the event that the results of that individual's initial substance abuse test registers a positive result. 5 The confirmation test shall be based upon a different scientific principle than that of the initial test. The City shall require that a confirmation test be conducted upon all specimens registering a positive result prior to initiating any course of disciplinary action against the specimen provider relating to the results of said same initial screening test. The scope and description of each particular category of testing that the City's Substance Abuse Policy encompasses is elicited in further detail below: A. Job Applicant Testing_ The City of Atlantic Beach requires all individuals hired by the City to be free of drugs. All job applicants will be required to submit to a drug screen. A job applicant's refusal to submit to a pre-employment drug test shall constitute a basis for the City's refusal to hire that individual. All prospective employment candidates shall be provided notice of the test and assurance that highly reliable testing procedures will be used. Prior to testing, all applicants will informed of their privilege to inform the collection site personnel of any prescription or nonprescription medicines which may alter their test results. Additionally, applicants may consult the testing laboratory for any further technical information regarding such medications. All job applicant's prospects of employment with the City will be conditioned upon their being qualified for work and any individual who tests positive for controlled substances will not be considered qualified for employment with the City. The results of the laboratory test shall be restricted to whether or not the applicant's specimen tested positive for controlled substances, the particular drug involved and the amount found within the specimen tested. No further medical or pharmacological information or the result produced by the test shall be disseminated to the City. B. Current Employee Testing_ In addition to requiring prospective employment candidates to submit to substance abuse screening, the City will utilize the following categories of employment related testing for its employees: 1. Routine Fitness -For -Duty Testing_ The City may require all of its employees to submit to drug testing which is conducted as part of a routinely scheduled employee fitness -for -duty medical examination. 2. Reasonable Suspicion Testing_ The City shall require all of its employees to submit to a drug screening whenever there is reasonable suspicion to believe that an employee is under the influence of, or otherwise using a controlled substance. Reasonable suspicion requires an articulable belief by management that an employee possesses or uses controlled substances at the workplace and is either intoxicated or impaired by such substances. Reasonable suspicion shall be based upon specific and objective facts and reasonable inferences drawn from those facts in light of the observing individual's experience. 0 The standard for reasonable suspicion testing does not require an overwhelming burden of proof. Where supervisors can reasonably conclude that there are objective facts indicative of the use of a prohibited substance, there is sufficient justification for testing. The supervisor must show only that there are objective facts pointing to a drug -affective behavior. The City has the right to search lockers, handbags, lunch boxes, other containers, or other personal effects of employees at any time provided the City has reasonable suspicion to believe that an employee possesses or is under the influence of drugs. An employee's refusal to cooperate with a search may be treated as serious insubordination that warrants immediate discipline, including discharge. 3. Posl--Accident Testing. The City shall automatically require substance abuse testing for any employee injured while on -duty, whether on or off the City premises, or whenever an employee who is operating a City vehicle, or operating any vehicle while on City business, is involved in an accident involving personal injury or property damage which could result in liability of, or loss to the City, unless the employee's performance canbe thoroughly eliminated as a cause or contributing factor in the accident. Post -accident testing is essentially similar to reasonable suspicion testing in that, absent a valid explanation for the accident, testing shall be required. However, due to the fact that the City's concern for its workforce is paramount, it may be necessary to administer the appropriate medical treatment prior to obtaining specimens for testing. If the required specimens can be obtained at a medical treatment facility which is not a designated collection site, a physician, physician's assistant, registered nurse, nurse practitioner, licensed practical nurse, certified paramedic or licensed collection site person may collect the specimens. If such an individual is not present, the injured employee, as soon as is medically permissible, shall be transported to a designated collection site to produce the required specimens. 4. Follow -Up Testing If the City, at its sole discretion, determines that an employee who has submitted confirmed test results which register positive for content of one or more controlled substances, should not be terminated, the employee may be granted a one (1) time leave of absence without pay and be required to enroll in and successfully complete a drug and/or alcohol rehabilitation program at his own expense as a condition of his returning to work. Should the City elect such an option and should the employee successfully complete a rehabilitation program, the employee, upon returning to work (if a position is available), shall be subject to follow-up substance abuse screens on either a quarterly, semi- annual, annual, or random basis for a period of two (2) years following the employee's completion of his rehabilitation program During such time as an individual is enrolled in a rehabilitation program, the City shall attempt to 7 maintain a position for that employee upon his/her successful completion of the program. However, the City in no way guarantees that any employee, upon returning from the successful completion of a drug/alcohol rehabilitation program, shall have any employment position provided to him/her. Moreover, in the event that an employment position is available, the City does not guarantee that such a position will be the same or equal position which the employee previously held or that the rate of pay for that position will be equal to that previously received prior to employee's suspension and enrollment in a rehabilitation program. VII. CONSEQUENCES OF AN EMPLOYEE'S REFUSAL TO SUBMIT TO THE CITY OF ATLANTIC BEACH'S SUBSTANCE ABUSE POLICY Any injured employee who refuses to submit to testing under this Policy automatically forfeits any medical and indemnity benefits he would otherwise be eligible for under Florida's Workers' Compensation Statute. Additionally, any employee, whether injured or uninjured, who refuses to submit to the City's Substance Abuse Policy may be either discharged or otherwise disciplined by the City. Individuals who refuse to submit to testing procedures shall be asked to sign a Refusal to Submit to Blood/Urine Form. VIII. PENALTIES FOR AN EMPLOYEE'S POSITIVE CONFIRMED TEST RESULTS As stated above, the City of Atlantic Beach reserves the right, at its sole discretion, to either discharge or otherwise discipline the employee who submits confirmed positive test results. Notwithstanding the city's right to exercise discretion, any employee who submits a specimen registering a confirmed positive test result should assume that his employment shall be terminated unless otherwise notified by the city. Further, such an impaired employee forfeits his eligibility for medical and indemnity benefits under the Workers' Compensation Act. IX. SPECIMEN COLLECTION AND LABORATORY PROCEDURES The City is committed to following strict specimen collection and laboratory procedures to ensure the quality, integrity and authenticity of the specimen. Employees and job applicants have a right to consult the testing laboratory for technical information regarding prescription and non- prescription medication. Further, employees and job applicants will be allowed to confidentially report the use of prescription or non-prescription medications before and after being tested on forms to be provided. The form notifies job applicants and employees of the most common drugs or medications by brand name or common name, as applicable as well as by chemical name, which may alter or affect a drug test. Collection site security and specimen collection are unequivocally the responsibility of the collection site and its personnel. The city assumes no responsibility for specimen collection or transmittal errors incurred by either the collection site, the laboratory or their respective staffs. A. )ecimens to be Tested. Urine will be used for the initial test for all drugs except alcohol and for the confirmation of all drugs except alcohol. Blood will be used as the initial and confirmation test for alcohol. B. Initial Testing, The initial screen for all drugs shall be in immunoassay, except that the initial test for alcohol shall be an enzyme oxidation methodology. The following cutoff levels shall be used when first screening specimens to determine whether they are positive or negative for these drugs or metabolites. All levels equal to or exceeding the following shall be reported as positive: Alcohol Amphetamines Cannabinoids Cocaine Phencyclidine Methaqualone Opiates Barbiturates Benzodiazepines Synthetic Narcotics Methadone Propoxyphene .04 grams per deciliter 1,000 ng/ml (nanograms per milliliter) 100 ng/ml 300 ng/ml 25 ng/ml 300 ng/ml 300 ng/ml 300 ng/ml 300 ng/ml 300 ng/ml 300 ng/ml C. Conation Testing.. All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS), except that alcohol will be confirmed using gas chromatography (GC). All confirmations shall be done by quantitative analysis. The following confirmation cutoff levels shall be used when analyzing specimens to determine whether they are positive or negative for these drugs or metabolites. All levels equal to or exceeding the following shall be reported as positive: Alcohol .04 grams per deciliter Amphetamines 500 ng/ml Cannabinoids 15 ng/ml Cocaine 150 ng/ml Phencyclidine 25 ng/ml Methaqualone 150 ng/ml Opiates 300 ng/ml Barbiturates 150 ng/ml Benzodiazepines 150 ng/ml Synthetic Narcotics Methadone 150 ng/ml Propoxyphene 150 ng/ml G7 D. Testing Costs. The city will pay the cost of all initial and confirmation substance abuse screening it requires from either its applicants or employees. However, all costs of additional non -required testing and testing incurred during a rehabilitation period or program shall be borne by the employee. X. CHALLENGES TO TEST RESULTS within five (5) working days after receiving notice of a positive confirmed test result, the employee will be allowed to submit medical information to the city explaining or contesting the test results. In an employee's explanation or challenge of the positive test result in unsatisfactory to the city, within fifteen (15) calendar days of receipt of the explanation or challenge, a written explanation as to why the employee's explanation is unsatisfactory, along with the report of positive results, will be provided by the City to the employee. All such documentation will be kept confidential by the city and will be retained by it for at least one (1) year. If an employee was tested as a result of an on-the-job injury, that employee may undertake an administrative challenge to a positive test result by filling a claim for benefits with a Judge of Compensation Claims. When an employee undertakes a challenge to the results of a test it shall be the employee's responsibility to notify the laboratory and the sample shall be retained by the laboratory until the case is resolved. Applicants and employees are responsible for notifying the laboratory of any administrative or civil actions brought pursuant to the Workers' Compensation Act. XI. CONFIDENTIALITY/EMPLOYEE SAFEGUARDS All information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received by the city through the Substance Abuse Policy shall be treated in a confidential manner, unless otherwise required by Florida law. The city, any collection sites, laboratories, drug and alcohol rehabilitation programs, and their agents who receive or have access to information concerning drug test results shall keep all information confidential, unless otherwise required by Florida law. XII. THE CITY OF ATLANTIC BEACH'S COMMITMENT TO EDUCATING ITS WORKFORCE REGARDING SUBSTANCE ABUSE The city believes that education and understanding can be powerful weapons in the fight against drugs. Employees armed with knowledge are better prepared to resist substance abuse and intervene when necessary. As such, the city maintains a current resource file of providers of employee assistance including alcohol and drug abuse programs. Mental health providers and various other persons, entities or organizations designed to assist employees with personal and behavioral problems including, but not limited to those referenced in the "Florida Comprehensive Directory, Drug Abuse and Mental Services," are published by the Department of Health and Rehabilitative Services. 10 CERTIFICATE OF ACKNOWLEDGMENT I do hereby certify that I have received, read, understand and agree to comply with the City of Atlantic Beach's Substance Abuse Policy and have had the same explained to me. I understand that I may be required to submit to a substance abuse test. I also understand that failure to comply with a substance abuse testing request or a positive result may lead to termination of employment, or some other form of disciplinary measure. Name (Please print) Signature Date (This certificate becomes part of the employee's file.) 11 1, - — CERTIFICATE OF AUTHORIZATION , hereby give my voluntary consent for the the clinic or laboratory of their choice, and other persons or entities acting for or with them, to collect urine and/or blood samples from me and to test for the presence of alcohol, illegal drugs, and controlled substances. I further authorize the release of the results of this test to authorized representatives of the City of Atlantic Beach. (Name of Employee) 12 (Date) OVER-THE-COUNTER AND PRESCRIPTION DRUGS WHICH COULD 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 Not legal by prescription METHAQUALONE Not legal by prescription OPIATES Paregoric, Parepetolin, Donnagel PG Morphine, Tylenol with Codeine, Emperin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorpone), M -S Contin and Roxanol (morphine sulphate), Percodan, Vicodin, etc. BARBITURATES Phenabarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butabital, Phenilin, Triad, etc. BENZODIAZEPHINES Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax METHADONE Dolophine, Methadose PROPDXYPHENE Darvocet, Darvon N. Dolene, etc. List prescription drugs taken within the past 30 days. Date 13 Signature r ITY OF w4ozz Seacl - 1T� L STATEMENT OF POLICY APPENDIX E 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 SUNCOM 852-5800 The City of Atlantic Beach assures Equal Employment Opportunity in all of its policies regarding recruiting, testing, hiring, transfers, promotions, terminations, compensation, benefits, training, layoff, and recall practices. These functions are administered without regard to race, color, creed, religion, national origin, age, disability, marital status or sex, except where sex or age is a bona fide occupational qualification. The City of Atlantic Beach also is cognizant of its responsibility to disabled individuals under the Americans with Disabilities Act and is in compliance with that law. The City of Atlantic Beach believes that special measures and efforts are appropriate to preclude discrimination within its organization. The City of Atlantic Beach will assure a determined and sustained effort in support of this belief and the policies outlined in this Equal Employment Opportunity Program. All management and supervisory personnel will share in the responsibility for implementing this program, and management performance in the area of Equal Employment Opportunity will be evaluated in the same way that performance or other assigned duties are evaluated. Violations of this Equal Employment Opportunity Program will meet with appropriate action. In order to effectively promote the Equal Employment Opportunity Program, The City of Atlantic Beach will seek the assistance of appropriate entities including suppliers, appropriate government agencies, educational institutions, and civic organizations. It is the responsibility of each member of management to give this non-discrimination Policy full support by leadership and personal example. In addition, it is the duty of every Atlantic Beach employee to create a job environment which is conducive to our non-discrimination policies. Overall, The City of Atlantic Beach's responsibility for the direction of Equal Employment Policy, programs, and practices is with the Human Resource Coordinator. MINEWIMMUMIR: e e e The City. of Atlantic Beach -recognizes that -knowledge and -understanding of the Equal Employment Opportunity Program is crucial to the effective implementation of the program. Therefore, the City of Atlantic Beach -will take steps -to disseminate to the work force and the community its policy regarding Equal Employment Opportunity as follows: A. DISSEMINATION -OF THE EQUAL EMPLOYMENT_. OPPORTUNITY POLICY WITHIN THE CITY OF ATLANTIC BEACH. (1) A copy of the Equal Opportunity Policy will be available to all employees. (2) The policy will be discussed _at -staff -meetings and -executive staff (management) sessions. (3) The policy will be prominently posted on bulletin boards. (4) Through -the above and such other steps; The City -of Atlantic Beach will communicate to employees the existence of the Equal Employment Opportunity Program so employees will know- of and avail- themselves- of its benefits. B. EXTERNAL DISSEMINATION OF THE CITY OF ATLANTIC J3_F6CH'S EQUAL EMPLOYMENT OPPORTUNITY -POLICY. (1) In those instances when -the City of Atlantic Beach conducts -active recruiting, recruitment sources will be informed of the Equal Employment Opportunity Policy. (2) The City of Atlantic Beach will -file a copy -of its Equal Employment Opportunity Plan with the City Commission of Atlantic Beach. III. RESPONSIBJLITY FOR IMPLEMENTATION OF THE PLAN. The Human Resource Coordinator, as -named- in -the Personnel Policy Statement, is responsible for the Equal Employment Opportunity Program. The Human Resource Coordinator has the support of the executive staff of The City of Atlantic Beach, and- is -given. adequate time and assistance to execute this assignment. The Human Resource Coordinator is identified as the responsible official of the internal and external communications which_ relate to The City of Atlantic Beach's Equal Employment Opportunity Policy and Program. HISMER RESPONSIBILITIES INCLUDE: (1) Developing and revising this Equal Employment Opportunity Program and devising techniques for communicating the City of Atlantic Beach's Equal Employment Opportunity Policy both internally and externally. (2} Assisting in identifying any problem areas concerning the utilization of minority and female workers. (3) Assisting management to devise solutions to any areas identified as problem areas. (4) Serving as liaison between the City of Atlantic Beach and the State Department of Community Affairs. (5) Serving as liaison between the City of Atlantic Beach and minority and women's organizations and community action groups concerned with employment opportunities of minorities and women. (6) Assuring the management remains informed of the developments in the area of Equal Employment Opportunity issues. IN ADDITION TO THE RESPONSIBILITIES ASSIGNED TO THE HUMAN RESOURCE COORDINATOR, HE/SHE ALSO IS TO PROVIDE: Periodic audits of applicable training programs, hiring and promotion practices, and:other applicable personnel practices to remove any impediments that may exist for minorities and females. 2. Regular discussions with managers and supervisors to assure that the City of Atlantic Beach's Equal Employment Opportunity Policy and the intent of the Equal Employment Opportunity Program are being followed. 3. Review of the qualifications of all employees to ensure that minorities and women are given opportunities for transfers and promotions. 4. Periodic audit in such matters as: (a) Display of posters and notices; (b) The equality of facilities provided for both sexes; © The opportunity of all employees to participate in any of the City of Atlantic Beach sponsored recreation and social activities. 5. Assurance that supervisors understand their work performance is being evaluated, among other criteria, on the basis of their Equal Employment Opportunity efforts and results. 6. Assurance that supervisors prevent any reported and/or observed unlawful harassment of employees placed through Equal Employment Opportunity efforts. IV. IDENTIFICATION OF POSSIBLE PROBLEM AREAS A. RECRUITMENT AND APPLICATION• The hiring/selection process consists of interviews conducted by members of the executive staff and by the appropriate Department Head or designee. Background investigations of the applicant will be consistently performed without regard to race, color, creed, religion, national origin, age, disability, or sex. 2. A review of present employee complement will be conducted to ensure that there is no discriminatory selection on the basis of employment. 3. Employment applications will be maintained and will be reviewed by the Human Resource Coordinator or their designee, to ensure a non-discriminatory selection process. If any deficiencies are observed, a meeting will be held to discuss and correct the problems. 4. The Employment Application Form conforms with all applicable State and Federal regulations. 5. Job titles are descriptive of job content. 6. Qualified minorities and women receive all benefits received by non - minorities and reales and are included in any of the City of Atlantic Beach's sponsored activities or programs, if they are otherwise so entitled. 7. Seniority provisions, when applicable, are applied on the basis of seniority and job performance with due consideration given for the ability to perform work without regard to sex or minority status and have not resulted, overtly or inadvertently, in discrimination by minority group or sex. 8. The Equal Employment Opportunity Policy is supported by all Department Heads and supervisors. B. JOB DESCRIPTIONS AND QUALIFICATIONS STANDARDS Job description and qualification standards will be analyzed to be sure that in themselves they do not cause inadvertent unlawful discrimination and are free from sex bias. 2. Job requirements are known by all members of management involved in the recruitment, screening, and promotion process. 3. The overall selection process will be reviewed continually, including the training and promotion procedures, to ensure freedom from bias or stereotyping minorities and women. 4. All personnel involved in the recruitment, screening, selection, promotion, disciplinary and related processes continue to be carefully selected and trained to ensure that commitments to this Equal Employment Opportunity Program are fully implemented. 5. Qualified minorities and women will continue to be given careful consideration for all available positions. 6. Efforts will continue to be made to find qualified minority and female applicants through local recruitment organizations, and other organizations created to promote the employment opportunities of minorities and females. V. INTERNAL AUDIT AND REPORUNG SYSTEMS The City of Atlantic Beach will periodically review referrals and other applications, job offers, promotions, demotions, transfers, training, and terminations at all levels to ensure these activities are carried out in a non-discriminatory fashion. The EEO -4 Employer Information Report will continue to be filed annually in accordance with federal regulations. VI. SEX DISCRIMINATION GUIDELINES 1. Employees of both sexes are recruited for all jobs unless sex is a bona fide occupational qualification. 2. Advertisements in newspapers and other media for employment will not express a sex preference, unless sex is a bona fide occupational qualification for the job. 3. Written personnel policies expressly indicate that there shall be no discrimination against any employee on account of sex. 4. Employees of both sexes are given equal opportunities to available jobs that they are qualified to perform unless sex is a bona fide occupational qualification. 5. There is no discrimination based upon sex in employment opportunities, wages, hours, or other conditions of employment. This includes The City of Atlantic Beach's contributions for insurance and similar "fringe benefits". 6. There is no discrimination between married and unmarried persons of one sex that is not made between married and unmarried persons of the opposite sex. 7. Physical facilities are made available to employees of both sexes. 8. A female employee will not be denied the right to a job that she is qualified to perform in accordance with any "protective" law. 9. Females will not be penalized in their conditions of employment because they require time away from work because of child bearing. There is no distinction between treatment of pregnant employees and ill employees. 10. Wage ranges are not limited to, or based on, the sex of the employee. 11. The City of Atlantic Beach does not restrict one sex to certain job classifications. 12. The City of Atlantic Beach will include any qualified females as candidates should it institute any formal training program or informal program that will provide opportunities to attain management positions. 13. There are no distinctions based on sex for inclusion in training programs. VII. Grievances Any applicant for employment or existing member of the City of Atlantic Beach workforce, who believes that they have been the victim of unlawful discrimination and/or harassment, should contact the City Human Resource Coordinator to file an appropriate complaint. The Human Resource Coordinator shall document the complaint, investigate the allegations, and present the findings to the City Manager for approval. The City Manager will review all cases to direct further inquiries as deemed necessary. When complaints are substantiated, the City Manager will take corrective action to assure compliance with all applicable Equal Employment Opportunity guidelines. VIII. GOALS AND TIMETABLES The City of Atlantic Beach's long range goal in this Equal Opportunity Program will be achieve when the percentage of minorities and females employed are approximately equal to the percentages of those represented in the area labor market.* Achieving this long range goal requires time and the Equal Employment Opportunity Program will be used as a tool to work toward the goal. After reviewing the existing workforce, the City will set annual goals for each Department after considering anticipated turnover for the coming year. *The available statistics for the area labor market are based on Duval County, and it is recognized that the population and labor market in Atlantic Beach may be substantially different from the composition of the county as a whole. APPENDIX F BLOOD DONOR PROGRAM NOTICE The City of Atlantic Beach encourages its employees to participate in Blood Donor programs sponsored by recognized agencies and associations in the region. The City may, from time to time, sponsor Blood Donation Drives specifically for the employees of the City. Notices of such programs will be published to the employees. To: All Employees From: City Manager Subject: Safety Policy It is the policy of the City of Atlantic Beach to provide a safe and healthy work environment for the protection of our most vital resource - our employees. The safety of employees is of the greatest interest to all levels of management and supervision, ranking in importance above production, quality, cost and service. The -City's basic philosophy is all personal injuries can be prevented. While the responsibility for safety begins and ends with the City Manager, that responsibility is shared throughout the organization. For example, Department Heads are responsible for their departments, Supervisors are accountable for the safety of their groups and all individuals are accountable for their own safety and for the safety of those with whom they work. There is no place in the City of Atlantic Beach for an unsafe employee. The City of Atlantic Beach will maintain a vigorous safety and injury prevention program and will allocate the necessary resources to assure a safe and healthful work environment. dty M a er Safety Coc rdinator SAFETY PROGRAM ORGANIZATION The City of Atlantic Beach recognizees the need to establish an effective safety organization and program to ensure that safe working practices and procedures become an integral part of the City's operation. The primary purpose of this program will be to educate, initiate and implement a safety program and inform management of problems and needed improvements. Some of the reasons for establishing an effective safety policy are listed below: Reduce pain and suffering to employees by accidents/illnesses 2. Provide a basis to implement and enforce safe practices and procedures. 3. Keep accidents down; thus reducing costs by: A. Holding down Workers' Compensation and public liability costs. B. Reducing uninsured costs such as: I. Lost time to injured employees, 2. Cost of time lost by other employees who stop work out of curiosity,. 3. Cost of time lost by supervisors assisting injured, accident investigation and reporting, retraining, etc., 4. Cost due to equipment damage, 5. Cost to employer under employee benefits, 6. Cost to employer in wage continuation of the injured worker, and 7. Overhead cost per injured worker. The purpose of our Safety Program is to locate and correct conditions responsible for these losses. The responsibility of this program must be accepted by all members of our municipal work force and will be a part of their performance evaluation. SUPERVISOR'S RESPONSIBILITIES The success of any Safety Program rests primarily with supervisors who direct personnel and conduct much of our city business. This statement is based on continuing and positive support from all levels of management. It is the supervisor's responsibility to recommend procedures to reduce the frequency of job accidents by identifying, correcting and reporting all unsafe conditions or unsafe acts as they 2 occur in their areas of control. Some of the supervisory qualities required to implement an effective safety program include: A thorough knowledge of employees qualifications as related to job assignments, job instruction and the maintenance of discipline, 2. Pre job planning, 3. Frequent inspection of the job site, 4. Advising the employees of the Safety Program, Taking prompt action to correct unsafe conditions and work practices, and 6. Conducting weekly departmental safety discussions. Supervisory job analysis as applied to safety may be defined as planning, analyzing hazards, arranging operations, providing equipment and instruction, and supervising in a manner necessary to promote safety throughout the job. SAFETY INSTRUCTIONS FOR EMPLOYEES Employment by the City of Atlantic Beach will be limited to those who accept the full responsibility for their own safety and who will cooperate fully in eliminating all accidents and injuries. Full acceptance of the following safety rules is required. All city employees are required to: 1. Report all injuries and accidents to their supervisor and personnel office by the end of the work shift. For their own protection, it is strongly recommended members obtain appropriate medical treatment for all injuries no matter how slight, 2. Use safety devices provided by the City, Use the personal safety equipment provided by the City at the appropriate or designated time. This equipment is designed to prevent serious injury, but it must be utilized properly to accomplish this purpose. 4. Avoid horseplay at any work site or on any premises. 5. Make sure equipment in need of repair is made inoperative in the following manner: a. Unplug portable equipment. b. Disconnect electrical power source to permanent equipment. C. Remove wire to spark plug from gasoline powered equipment. d. Close and place a lockout valve on faulty water, air, gas or chemical lines. e. Follow lockout/tagout procedures. 6. Practicing good housekeeping is essential for job safety. Each employee must accept and maintain his share of the responsibility. A clean workplace is a safer workplace. 7. Be safety conscious and report verbally to a supervisor and in writing by means of a work order by the end of the shift any unsafe conditions, practices or situations. Employees are encouraged to offer any suggestions that will improve safety conditions. No negative action will result from an employee suggesting safety improvements. 8. Know the safety rules. Safety is everyone's business at the City of Atlantic Beach. If you do not understand a safety rule, work practice or procedure, or instructions, ask your supervisor for clarification. I. GENERAL OFFICE SAFETY 1. Improper or defective electrical power cords for office machinery and similar equipment will not be used. Cords will be kept clear of traffic areas and places where they can be damaged by heavy furniture or other equipment. 2. Surge protectors will be used only for authorized equipment. 3. Personal injury and equipment damage can result if an employee overtaxes his strength by improperly moving heavy office equipment or furniture. 4. The proximity of smoking materials and paper is always a potential fire hazard. Care will be taken to extinguish cigarettes, etc. in smoking designated areas. Municipal designated smoke free buildings are as follows: Public Safety Building, Public Works Building, Adele Grage Community Center, City Hall, the Commission Chambers, Buccaneer Office, Donner Community Center and all gas refueling areas. 5. Beverages will not be placed on or near electrical equipment. 6. All electrical equipment will be turned off by the end of the workday, unless Eli otherwise required. IL POWER TOOL SAFETY 1. All tools are to be inspected before using them. 2. Never use an ungrounded tool. 3. Only proper tools will be used in a potentially explosive or dusty atmosphere. 4. Defective equipment will be reported on a work order and will not be used until repaired. '5. All guards must be kept in place on portable grinders and saws. 6. Safety glasses, proper hearing protectors, and other safety equipment as deemed necessary, will be worn when using machine equipment. 7. Unplug power tools before cleaning, adjusting or repairing . Do not.clean power tools with a high flash solvent such as gasoline, naphtha, etc. 8. Never use water to submerge or -clean electrical equipment. 9. Disconnect will be turned off when working on electrical systems. Use warning tags and locks at disconnect points. 10. Do not overload electrical circuits. 11. Defective or under -rated extension cords will not be used. 12. If an employee has questions regarding proper use of a power tool or equipment, they should refer to the Public Works Department equipment files for publications and general information. They may also ask someone who is trained in the use of the power tool or equipment. M. LADDER SAFETY DOS AND DON'TS 1. Before using a ladder, check to see that all climbing devices have been properly maintained and are in good working order. 5 2. Extension ladders should be equipped with non -slip bases. Do not use ladders as scaffold planks or runways. 4. Do not place ladders in front of a doors that open toward the ladder, unless the door is locked, blocked or guarded. 5. Do not lean ladders against glass or plastic. b. Ladders must have solid footing and should be stabilized on both sides so that they cannot sink or overturn. Ladders should be tied off as the situation demands. 7. Ladders must be climbed with both hands on the rails or rungs. While climbing or descending a ladder, the user shall always face the ladder and adhere to the manufacturer's climbing and handling instructions. 8. The back of a folding ladder should not be used. Loose materials will not be placed on the top step of folding ladders. Loose materials will be placed on the folding shelf. The top of a folding ladder will not be used as a step. 9. Defective ladders will be tagged for immediate repair or destruction. 10. Ladders will be kept clean --dirt might conceal defects. Ladders should not be painted. 11. Never allow a metal ladder to come into contact with an electrical source. 12. Public areas where ladders are being used will have warning signs or be roped off. 13. Do not over -lean to reach an area to be worked on when standing on a ladder. 14. Fire fighters are required to follow procedures for ladder safety as directed by their safety instructions. IV. MACHINE EQUIPMENT SAFETY Adequate and proper guarding of machinery shall be provided to protect the employees and the public from possible injury. 2. Rotating parts such as chains, belts and wheels will be protected by a suitable guard. rel 3. Proper signage shall be visible for any unprotected equipment or hazardous areas. 4. Circular saws must be equipped with a blade guard that will cover the teeth at all times. The blade guard should adjust itself automatically to the thickness of the material being cut. The blade guard will not be manipulated in any way to remain open. 5. All saws, planers, lathes and grinders will have adequate lighting for safe operation. 6. Proper clothing and equipment will be used when operating chain saws, such as, eye and ear protection, gloves, long pants and no loose clothing. 7. All equipment will be used only for the purpose for which it is intended. SAFETY GUARDS Machine equipment safety guards should: 1. Be considered a permanent part of the machine or equipment, 2. Afford maximum protection, 3. Prevent access to the danger zone during operation, 4. Be convenient, not interfere with efficient operation of the machine and cause no discomfort to the operator, 5. Be designed for the specific job and specific machine, and 6. Be repaired or replaced if defective or missing and the equipment tagged and/or locked out. V. FLAME -CUTTING, WELDING AND SOLDERING SAFETY 1. Welding or cutting equipment will only be used by authorized personnel or employees under their direct supervision. 2. Acetylene gas tanks must be capped at all times when not in use. They will be 7 stored and transported upright and secured with a chain or other holding device. Acetylene tanks must be kept away from flame. Cutting and welding will be done only in the maintenance shop, unless field operation is dictated. 4. Personnel must wear proper protective equipment, including gloves, hoods, goggles and leather aprons. All explosive vapors must be removed from containers before working on them. 6. Never test the temperature of a soldering iron by holding it next to hands or face. 7. Never snap or throw solder to remove it from a hot iron. 8. Use caution signs and protective screens when arc welding is being conducted. 9. A fire extinguisher will be present when welding or cutting is being conducted. VL PAINTING AND SPRAYING SAFETY Smoking will not be permitted in painting areas. 2. Adequate fire extinguishers will be available. 3. All flammable liquids will be stored in fire proof cabinets approved by Underwriters Laboratories (U.L.). Flammable liquids will be stored in an approved container and properly labeled. 4. Adequate protective equipment must be worn when spray painting; i.e. respirator, mask, etc. 5. Gasoline powered air compressors used with pain spraying equipment must not be used indoors unless adequate ventilation is provided. 6. Toxic fume emitting material will not be used in areas without proper ventilation. ELECTRICAL SAFETY All electrical controls must be shut off, tagged and locked before any machinery is 0 repaired. 2. Electricians must not repair, service or perform any operations on energized electrical lines or equipment, except when line voltage and current tests have been conducted with suitable instruments. Safe electrical equipment will be provided such as the proper extension cord for the job. 4. All hand held motor operated equipment and all non -fixed electrical equipment furnished with power cords (i.e., saws, drills, grinders, postage machines, typewriters) must be grounded. Generators must be grounded by use of a 3' metal spike and insulated or uninsulated #12 wire. 6. If the voltage adjacent to equipment being repaired exceeds 25 volts, a qualified electrician and a helper must be present. 7. Any overhead or underground power lines supplied by JEA that present a hazard to life or safety will be made safe only by JEA personnel. The area surrounding the unsafe power lines will be secured by the police and fire departments. It will be their responsibility to notify JEA immediately 8. Lockout/tagout procedures will be followed. VIII. MECHANICAL EQUIPMENT USE AND OPERATION This policy covers all powered equipment including motor vehicles, backhoes, loaders, power mowers, rollers, and other miscellaneous items used in the City's maintenance program. All supervisors must ensure that each operator directed to use equipment is properly licensed and thoroughly trained in the operation of the machine involved. 2. Each operator is responsible for a pre-operation inspection of equipment to ensure it is safe to operate before use each time. 3. All material handling equipment such rollers, loaders, bulldozers, etc. must be provided with approved rollover protection: seat belts, braking system and fenders as required by Federal Safety Regulations. In addition, all two -directional vehicles and heavy equipment must be equipped with an audible alarm distinguishable above the surrounding noise level and used as needed; unless an employee is L assigned to signal when backing can be done safely. 4. All equipment will be periodically inspected in accordance with the City's scheduled maintenance program. IX. SAFETY EQUIPMENT All employees are to wear seat belts when operating City vehicles and must have appropriate and valid Florida driver's license. 2. Proper protective equipment shall be used as directed by his or her department. 3. Employees while in the performance of their duties and exposed to vehicular traffic will wear warning vests. 4. Each department will decide the type of shoe to be worn. Sandals, sneakers, flip flops and open toe shoes are deemed inappropriate for work unless approved by the department head. Ear protection must be -worn. All employees will be required to wear hearing protection when working in areas or operations where there is a possibility of hearing damage. 6. All employees must wear a hard hat when the type of work dictates as set forth by State and Federal regulations. 7. All employees being transported in a City vehicle will be provided with a safe place to sit. Employees will not be allowed to stand, sit on the edges, lean against or sit on the tailgate. No part of the employee's body will be allowed to protrude outside the limits of the vehicle. 8. Snake bite leggings will be available and will be worn as needed. 9. A "HAZARDOUS AREA" type of sign will be utilized when dictated by the type of work performed. X. WORKERS' COMPENSATION Employees are to report all accidents to their supervisor immediately and complete a "First Notice of Injury" form by the end of the work shift. 10 2. The supervisor will immediately call the Human Resource Office and respective department of any accident and forward the completed "First Notice of Injury" form and Supervisor's Accident Investigation Report to said office. In emergency situations only which occur on weekends, holidays or after regular working hours, the injured employee should call 911 and be treated at the nearest emergency room facility or doctor's office. The employee will notify his or her supervisor as soon as possible. 4. During regular working hours, in a non -emergency situation, the employee will be examined by Fire Department personnel and if additional treatment is deemed necessary, receive medical authorization from the Human Resource Office. 5. Any follow-up care needed after medical treatment has been rendered is to be authorized through the Human Resource Office. 6. The injured employee must obtain a written release from the attending physician before returning to work. The original release form is given to the Human Resource Office and a copy goes to his or her department. 7. An investigation will be conducted by the Safety Committee regarding any Worker related injury. An employee violating safety procedures may 1 be subject to disciplinary action. XI. CONFINED SPACES The "Confined Space Permit Required Entry Policy" will be adhered to. 2. Employees will not enter confined spaces without proper safety equipment. OSHA rules and regulations will be followed relating to equipment usage in confined spaces. XII. RIGHT -TO -KNOW LAW Florida's Right -to -Know law provides that an employee has the right to know about toxic substances in the workplace so that he/she may become more knowledgeable and make reasonable decisions with respect to the continued personal costs of his employment and the need for corrective action. This law is designed to ensure the employee is provided with information with regard to the safe handling of toxic substances. Any request for information is not subject to disciplinary action, discharge or discrimination. Il The following sections will describe the City's procedures for Florida's Right -to Know law: Notice of the Right -to -Know law will be posted in each department on the bulletin board in plain sight. 2. Any product or substance which might contain toxic substances shall require a Material Safety Data Sheet at the time the order is placed. Orders will not be accepted without a Material Safety Data Sheet (MSDS) enclosed or attached. 3. The MSDS will be retained by the department. The Fire Department will be given a copy of the MSDS for any new substances that have been purchased and the location of the substances will be stated. 4. The MSDS will be available for any employee's inspection during regular working hours. The MSDS will be provided to the employee within five (5) of his working days, if available. If the MSDS is not available, the City will enlist diligent -efforts to obtain the information within those five (5) days. If the employee does not receive the information and the employer cannot prove diligent effort after five (5) days, the employee may refuse to work with the substance without loss of pay or benefits. However, in such a case, the employee may be transferred to another job or department until the MSDS is provided. 5. Each employee, through his/her department, will receive training with regard to substances he/she uses that may be toxic and will sign an acknowledgment form for such training. Training will be provided on an annual basis for each employee involved. New employees will receive any needed training within thirty (30) days after their date of hire through his/her department. Training will consist of the product's chemical name, location, first aid, personal protective equipment, safe handling, health effects, emergency treatment, clean up for leaks and spills, potential for flammability, explosion, re -activity and the rights and duties of employees. All information will be contained in the MSDS. XIII. SAFETY CONE AND SIGN USAGE All trucks and vans used for city maintenance shall comply with the following requirements: All cones are to be a minimum of 5' from the front and back of the vehicle. Cones are to be placed in line with the traffic side of the vehicle. 2. When vehicles are parking on both sides of your vehicle (City Hall parking lot, etc.), cones are to be placed at the end of the vehicle closest to the flow of traffic. 12 When parking parallel with any other vehicles, cones are to be placed between the vehicles on the traffic side. All vehicles are to be coned front and back no matter how many vehicles are parked in the series or parallel parked. 4. Any oversized object extending beyond the vehicle and over the 5' cone limit will be flagged (in transit or parked) and a cone placed at the end of the load. 5. Any maintenance work performed by the City will have proper signage and/or cones in place. Any construction/utilities or maintenance repair signs shall be in compliance with the Manual of Uniform Traffic Control Devices found at City Hall, the Public Works Department or the Public Safety Building. 6. While work is performed on City or State roadways or medians, the proper signs, barricades and other warning devices as required by the Florida Department of Transportation (FDOT) shall be utilized. 13 LIST OF HAZARDOUS CHEMICALS USED IN PUBLIC WORKS SUBSTANCE SUPPLIER/SOURCE COMMENTS Heavy Duty Glass Cleaner KAR Products See Sheet S. S. S. Wasp & Hornet Spray - 16 All Brite Sales See Sheet Prestochlor 3M See Sheet Foaming Engine Degreaser OEG Corporation See Sheet Denatured Etnyl Alcohol United Lab See Sheet WD-40 WD-40 Company See Sheet Hand Cleaner Wirth See Sheet SKS (Stoneguard Anti-Corrosive) Wirth See Sheet Windshield Washer Additive Wirth See Sheet Brake and Parts Cleaner Wirth See Sheet Builders Adhesive & Sealant Drummond See Sheet KAR Gold Glass Cleaner KAR Products See Sheet Out Strip Drummond See Sheet Slack Off Drummond See Sheet Blow Hard Drummond See Sheet Stylene Drummond See Sheet Clean Bouy (Orange) Drummond See Sheet Open and Shut Drummond See Sheet Phaeton Drummond See Sheet 14 Take Charge Drummond See Sheet Trouper Drummond See Sheet New Shoe Drummond See Sheet 201 Multi Purpose Gear Lube Southwest Petroleum Corp. See Sheet Precise Drummond See Sheet Prizm Drummond See Sheet Recoil Mandate, Inc. See Sheet Squad Right Mandate, Inc. See Sheet Premium Red Gear Oil Atco Mfg. Co. See Sheet Free Hand Atco Mfg. Co. See Sheet Yield Aerosol Chemsearch See Sheet ND -66 Chemsearch See Sheet KAR RTV Blue Silicone KAR Products See Sheet (Make a gasket) Vinyl, Leather & Plastic Cleaner KAR Products See Sheet 15