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Agenda 06/08/2010 Item #16A 8 Agenda Item No. 16A8 June 8, 2010 Page 1 of 45 EXECUTIVE SUMMARY Recommendation to approve changes to the Drug Free Workplace Policy from the Personnel Manual for the employees of Collier Area Transit in order to comply with Florida Transit Administration's regulations. OBJECTIVE: To obtain approval of changes to the Drug Free Workplace Policy from the Personnel Manual for the employees of Collier Area Transit (CAT) in order to comply with Florida Transit Administration's regulations. CONSIDERATIONS: Federal Transit Administration (FTA) requires that when modifications are made to the Drug Free Workplace Policy; the revised policy must be submitted to the Board of County Commissioners for approval and distributed to all employees for their review and acknowledgement. The requirements for the Drug Free Workplace Policy is mentioned in 440.102, Florida Statutes, and 49 CFR Part 653, Part 654, Part 655 and Part 40 as amended, enacted by the FTA and U.S. Department of Transportation (DOT). The following changes were made in order to comply with FTA's regulations. Section 7.08 of the Personnel Manual under the Drug Free Workplace Policy now includes the following statements. · "All employees must abide by the Drug Free Workplace Policy as a condition of employment with Collier Area Transit;" · "If convicted of the aforementioned violations while in the work place; the employee shall report the same to the Company within five calendar days after such conviction;" · Also under section 7.09, "All employees whose position is deemed safety sensitive must abide by the Drug and Alcohol Policy" was added. The above changes are reflected in the attached Personnel Manual with the new language underscored. FISCAL IMPACT: There is no fiscal impact associated with this item. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action-SRT. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the changes made to the Drug Free~Workplace Policy from the PersohnelManual for the employees of Collier Area Transit. Prepared by: Y ousi Cardeso, Administrative Assistant, Alternative Transportation Modes Attachment: Personnel Manual Agenda Item No. 16A8 June 8, 2010 Page 2 of 45 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A8 Recommendation to approve changes done to the Drug Free Workplace Policy in the Personnel Manual for the employees of Collier Area Transit in order to comply with Florida Transit Administrations regulations. 6/8/2010 9:00:00 AM Meeting Date: Prepared By Yousi Cardeso Administrative Assistant Date Transportation Division Alternative Transportation Modes 5/20/20105:03:43 PM Approved By Scott R. Teach Deputy County Attorney Date County Attorney County Attorney 5/21/20102:52 PM Approved By Glama Carter Planner, Principal Date Transportation Division Alternative Transportation Modes 5/21/20103:54 PM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 5/25/2010 10:07 AM Approved By Michelle Edwards Arnold Director - Alt Transportation Modes Date Transportation Division Alternative Transportation Modes 5/25/2010 10:33 AM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Division Transportation Administration 5/25/201010:59 AM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 5/25/201012:58 PM Approved By Natali Betancur Administrative Assistant Date Transportation Division . Transportation Road MaintEmance 5/25/20101:13 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 5/25/20103:12 PM Approved By Agenda Item No. 16A8 June 8,2010 Page 3 of 45 Michael Sheffield Assistant to the County Manager Date County Managers Office 5/26/20109:22 AM Approved By Jeff Klatzkow County Attorney Date 5/26/20109:28 AM - Personnel Manual ca PERSONNEL MANUAL COLLIER AREA TRANSIT 8300 Radio Road Naples, FL 34104 REVISED DECEMBER 2008 Agenda Item No. 16A8 June 8, 2010 Page 4 of 45 Agenda Item No. 16A8 June 8, 2010 Page 5 of 45 COLLIER AREA TRANSIT PERSONNEL MANUAL TABLE OF CONTENTS 1. Introduction 2. Equal Opportunity Affirmative Action Program 3. Rehiring of Former Employees 4. Nepotism 06 5. Classification of Employees 6. Seniority 7. Physical Examinations / Drug Free Workplace 8. Training and Re- Training 9. Probation 10. Pay and Time Records 11 . Outside Employment 12. Political Activities 13. Personnel Records 14. Performance Evaluations 15. Promotions 16. Termination of Employment 17. Grievance Procedure 18. Wage and Salary Administration 19. Medical and Life Insurance 20.Sick Leave 21. Vacation Leave 22. Holidays 23. Leave of Absence 24. Funeral Leave 25. Jury Duty 26. Military Service 27. Workers Compensation 28. Retirement Plan 29. Uniform Provisions 30. Employee Parking 31. Free Transportation 32. Sexual and Other Harassment 33. Summary Statement 02 03 05 07 08 09 10 12 13 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 37 ,- Personnel Manual 2 Agenda Item No. 16A8 June 8, 2010 Page 6 of 45 WELCOME NEW EMPLOYEE! On behalf of Collier Area Transit, McDonald Transit Associates, Inc. and your new colleagues, I welcome you to our transit family and wish you every success here. I strongly believe that each individual employee directly contributes to Collier Area Transit's overall growth and success through his/her professionalism, knowledge, skills, support and leadership. I hope you will take pride in being a member of our team. This manual was designed to provide you with information about working procedures and company policies and programs. It explains employee benefits and other important information about your employment. You should read, understand and comply with the manual. Revisions and supplements may be provided from time to time as our company continues to grow. You shall be notified of such changes to the manual as they occur. Become familiar with it as soon as possible. It will help answer many questions you may have as a new employee. Also, keep and refer to it for it will guide you throughout your employment. I truly hope that your experience here will be challenging, enjoyable and most rewarding. Sincerely, Operations General Manager Personnel Manual 3 Agenda Item No. 16A8 June 8, 2010 Page 7 of 45 Collier Area Transit is a subsidiary of McDonald Transit Associates, Inc. Following is how McDonald Transit Associates was founded. McDonald Transit Associates, Inc. is the United States' oldest independently owned firm offering management, planning, and operation services for bus, rail, and paratransit systems. Beginning our fourth decade of service, we remain focused solely on responsive, effective, efficient public transit. An employee-owned corporation, McDonald Transit Associates, Inc. was founded in Fort Worth, Texas in 1972. McDonald Transit is not a subsidiary of another company, foreign or domestic. Public transit solutions are our only endeavors, providing management services at 28 locations in thirteen states. We also have successfully completed more than 100 transportation studies and consulting assignments. McDonald Transit is the only national transit management firm organized as a professional association, similar to law or CPA partnership practice. Each client receives the individual attention and participation of the principals of the firm, including the CEO. Our record of contract renewal is the best in the industry. McDonald Transit serves communities in various ways to suit individual needs by providing: - Fixed-route Services - Paratransit Services - National Park Shuttle Services - Full Range of Consulting Services - Campus Shuttle Services - Passenger Rail Services & much more... McDonald Transit was founded in 1972 by Alton McDonald, a Transit industry leader named to the American Public Transportation Association "Hall of Fame". Mr. McDonald served as the company's president until 1979 when he was succeeded by Mr. Louis L. "Larry" Hei!. During Mr. Heil's 23-year tenure as chief executive officer, he was responsible for growing the company from 5 management service contracts to more than 20 management and operating contracts throughout the nation. Mr. Heil retired in 2002, but continues to serve as chairman of McDonald's Transit Board of Directors. Robert T. Babbitt Prior to taking the reins as.the company's president,Dr. Robert- Babbitt served as Vice President and Chief Financial Officer for McDonald Transit since 1981. Dr. Babbitt has a Ph.D. in Administration, a C.P.A. certificate in Texas and 29 years of transit experience. - Personnel Manual Agenda Item No. 16A8 June 8, 2010 Page 8 of 45 Collier Area Transit PERSONNEL MANUAL SECTION 1 INTRODUCTION 1.01 All Collier Area Transit employees are employed by Collier Transit Management, a wholly owned subsidiary of McDonald Transit Associates, Inc., and are not employees of the City of Ocala. 1 .02 The purpose of this Personnel Manual is to establish and maintain a consistent policy with respect to the working conditions of employees of Collier Area Transit, to establish a pattern to be followed by management in determining employment practices and to acquaint employees or prospective employees with general rights, privileges and responsibilities. 1.03 The company wants all employees to be fully informed on policies and procedures affecting them and to be provided with every opportunity to express opinions, to discuss their concerns and misunderstandings and to seek information on matters affecting their jobs and particular interests. 1.04 All levels of management, to the best of their ability, are required to inform, listen and counsel with employees on matters affecting them; and management recognizes the right of the employee to appeal in these matters without fear of retribution or prejudice. 1.05 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement. Personnel Manual 2 Agenda Item No. 16A8 June 8, 2010 Page 9 of 45 SECTION 2 EQUAL OPPORTUNITY AFFIRMATIVE ACTION PROGRAM 2.01 The intent of this policy is to reaffirm the company's commitment to adherence to federal guidelines relative to equal employment opportunity, affirmative action philosophy and affirmative action programs and their implementations. 2.02 Collier Area Transit management believes that all persons are entitled to equal employment opportunities and does not discriminate against its employees or applicants because of race, religion, color, national origin, disability, age or sex provided they are qualified and meet the requirements established by the company for the job. We are aware of our obligations in regard to veterans and also of our obligations to overcome the consequences of practices which have restricted the inclusion of individuals of the "affected class", who are qualified for positions in supervision and management. 2.03 The responsibility for administering and complying with this policy is delegated to all supervisory personnel and management. 2.04 As an indication of our affirmative action, the company policy of non-discrimination must prevail throughout every aspect of the employment relationship, including: Recruitment Compensation Training Selection Benefits Recall Placement Promotion Termination Transfer Layoff Discipline 2.05 The procedure for compliance will be as follows: a. All recruitment sources are notified of our Equal Employment Opportunity Policy. b. All advertising for employees is directed to both male and female and includes the phrase "An Equal Opportunity Employer". c. Seniority practices are not discriminatory. d. All applicants receive the same consideration for employment. Only valid requirements are imposed for employment. e. Only valid tests, which are job oriented, are used and given to all applicants for a given position without regard to race, color, religion, sex, disability, age or national origin. f. Periodically, an analysis is made to determine if deficiencies in the utilization of minority groups and women, in all segments of the work force, do exist. If : -such deficiencies do exist,'efforts are directed to correct such-deficiencies.. g. Programs with special motivation, training and employment or hardcore unemployed will be used as available. h. Minorities and women are actively recruited to fill openings. Special Affirmative Action orders are placed with State Employment Commission in order to meet Affirmative Action goals for minorities and women. Personnel Manual 3 Agenda Item No. 16A8 June 8, 2010 Page 10 of 45 i. Promotional criteria are the same for all employees, and job opportunities within the organization are made known to employees through job announcements. j. An inventory of current employees is maintained to determine academic, skill and experience levels of each individual employee for future advancement, without regard to race, color, religion, sex, disability, age or national origin. 2.06 Any employee who feels discriminated against should feel free to discuss the situation with an immediate supervisor or the Operations General Manager. Personnel Manual 4 Agenda Item No. 16A8 June 8, 2010 Page 11 of 45 SECTION 3 REHIRING OF FORMER EMPLOYEES 3.01 Company policy prohibits the rehiring of employees who terminate employment involuntarily from the company. 3.02 Employees who are laid off through no fault of their own or who voluntarily terminate with adequate notice will be considered for future employment opportunities. 3.03 Employees who retire from the company may be recalled at management's discretion on a part-time or "as needed" basis. - Personnel Manual 5 Agenda Item No. 16A8 June 8, 2010 Page 12 of 45 SECTION 4 NEPOTISM 4.01 Company policy prohibits the supervising of close relatives. 4.02 Close relatives are defined as any person related within the second degree by affinity (marriage) or within the third degree by consanguinity (blood). 4.03 If two employees should marry or co-habitate, one of the two must resign from the service of the company immediately if a supervisory relationship exists between the two. Personnel Manual 6 Agenda Item No. 16A8 June 8, 2010 Page 13 of 45 SECTION 5 CLASSIFICATION OF EMPLOYEES 5.01 Full-time Employee: Full-time employees generally work an average 40 hours per week and participate in all benefit programs. 5.02 Part-time Employee: Part-time employees generally work between 12 and 32 hours per week. Part-time employees do not participate in benefit programs. 5.03 Trainee/Probationary Employee: All employees who have been employees with the company for less than 180 days. 5.04 Inactive Employee: Employees who are not working due to extended absence because of illness or injury, military service or approved Leave of Absence. 5.05 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement. -, - Personnel Manual 7 Agenda Item No. 16A8 June 8, 2010 Page 14 of 45 SECTION 6 SENIORITY 6.01 Full-time seniority date is the date on which a full-time employee is released from training. This date is used for determination of eligibility in company benefit programs. 6.02 Part-time seniority date is the date on which a part-time employee is released from training. 6.03 Seniority rights for the employees shall prevail in operator sign ups. 6.03 Seniority shall be broken by discharge, voluntary resignation or more than one year layoff. 6.04 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement. Personnel Manual 8 Agenda Item No. 16A8 June 8,2010 Page 15 of 45 SECTION 7 PHYSICAL EXAMINATIONS / DRUG FREE WORKPLACE 7.01 It shall be the responsibility of each employee to maintain the physical standards required for performing his or her job. 7.02 Physical examinations will be administered by a doctor of the company's choice. The expense of this examination will be borne by the company. 7.03 Employment physicals will be taken by all Collier Area Transit employees. This physical examination shall include a drug test. Employment shall be contingent upon satisfactorily passing this examination. 7.04 Employees may be required to take physical examinations at other times if management deems it necessary. Physical examinations will be scheduled for the employee by the administrative staff. Continued employment is contingent upon taking and satisfactorily passing physical examinations. 7.05 If an employee has been absent due to major illness or injury and/or for an extended period of time, he or she shall furnish a release from the Company physician to return to work. This physical examination shall include a drug/alcohol test. Reinstatement _ shall be contingent upon satisfactorily passing this examination and drug/alcohol test. 7.06 When an employee has been absent for six months or more in military service and seeks to return to active employment; he or she shall furnish a release from the Company physician. This physical examination shall include a drug/alcohol test. Reinstatement shall be contingent upon satisfactorily passing this examination and drug/alcohol test. 7.07 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement. 7.08 Drug Free Workplace Policy All employees must abide by the Druq Free Workplace Policy as a condition of employment with Collier Area Transit. All employees must refrain from the following violations; possessing, selling, soliciting, transferring, producing, distributing, dispensing, and/or using impermissible drugs or alcohol on-the-job. If convicted of the aforementioned violations while in the work place: the employee shall report the same to the Company within five calendar days after such conviction. Job applicants and 'employees are hereby -notified of the existence oftheoDru~l..Free Workplace Program" requirements of 440.102, Florida Statutes, and 49 CFR Part 653, Part 654, Part 655and Part 40 as amended, enacted by the Federal Transit Administration (FTA) and U.S. Department of Transportation (DOT). CA T's drug-free workplace policy complies with these statutory sections and administrative rules. Personnel Manual 9 Agenda Item No. 16A8 June 8, 2010 Page 16 of 45 7.09 Drug and Alcohol All employees whose position is deemed safety sensitive must abide by the DruQ and Alcohol Policy. Each job applicant and employee will be subject to the following drug and alcohol testing as appropriate: pre-employment, reasonable suspicion, routine fitness-for-duty, post-accident, or follow-up testing pursuant to the Company's policy. Job applicants who receive a positive confirmed test result will be rejected for employment. Employees who receive a positive confirmed test result will be terminated. An employee who refuses to take a drug test will be subject to the same discipline as if having tested positive. Confidentiality All information, interviews, reports, statements, memorandums of drug and alcohol test results are confidential communications and will not be disclosed except in a proceeding to determine compensability of an injury under Chapter 440, Florida Statutes, or 49 CFR, if authorized by written consent by the tested job applicant or employee, or otherwise permitted by law. Confidential Reporting Use of Prescription or Non-Prescription Medication Prior to and after a drug and alcohol test, job applicants and employees will be permitted to confidentially report the use of prescription or non-prescription medications on a form prepared by the Company or collection site. Employees will receive notice of the most common drugs or medication by brand or common name, as applicable as well as by chemical name, which may alter or affect a drug or alcohol test. Consequences of Refusing to Submit to a Drug or Alcohol Test A job applicant who refuses to submit to a drug or alcohol test will be refused for employment. Tampering with a drug test will be deemed a refusal to test. Employees who refuse to submit to a drug or alcohol test will be terminated. List of Local Employees Assistance Programs and Alcohol and Drug Rehabilitation Programs An employee who tests positive for drugs or alcohol will be terminated and advised to seek professional assistance by a Substance Abuse Professional (SAP). A SAP is a .lice!1sed or certified physician, psychologist, social worker, or addiction counselor with Knowledge of and clinical experience and treatment--_ Assessment by a SAP does not shield an employee from disciplinary action or guarantee employment or re-instatement with CAT. Management determines disciplinary action. Personnel Manual 10 Agenda Item No. 16A8 June 8, 2010 Page 17 of 45 If an employee voluntarily submits to self-referral for assistance, they are allowed to return to duty. The employee must follow the rehabilitation program prescribed by the SAP. The employee must pass return-to-duty drug and alcohol tests, and subject to unannounced follow-up tests for a period of one to five years. Voluntary treatment and self-referral for assistance in substance abuse will be handled as treatment rather than discipline. If an employee takes advantage of this type of treatment they will be allowed a leave of absence. The cost of any treatment or rehabilitation services will be paid directly by the employee. There is coverage available for treatment under the current group health insurance. Questionable Test Results Any employee who questions the results of a required drug test may request that an additional test be conducted. The test must be conducted at a different certified laboratory. The test must be conducted on the split sample that was provided at the same time as the original sample. The employee pays all costs for such tests unless the second test invalidates the original test. The method of collecting, storing and testing the split sample will be consistent with the procedures set forth. If the results of the second test differ from the results of the first, the results of the second test will be binding. Illegally Used Drugs An employee of job applicant who receives a positive confirmed test result may contest or explain the result to the medical review officer. If an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the employer. A person may contest a drug test pursuant to the rules adopted by the Department of Labor and Employment Security. An employee or a job applicant is responsible for notifying the laboratory of any administrative or civil action brought pursuant to 440.102, Florida Statutes. Employees and job applicants have a right to consult with a medical review officer for technical information regarding a prescription or non-prescription medication. CAT will test job applicants and employees for any and all illegal drugs. -- Personnel Manual 11 Agenda Item No. 16A8 June 8, 2010 Page 18 of 45 SECTION 8 TRAINING AND RE-TRAINING 8.01 All employees shall satisfactorily complete a training program. From time to time, retraining may also be required. 8.02 When an employee has been on Inactive Status and seeks to return to Active Status, he or she may be retrained on his or her job duties. Management shall make the determination regarding retraining needs. 8.03 When an employee has been absent for six months or more in military service and seeks to return to active employment, he or she shall satisfactorily complete a training program before reinstatement. 8.04 A program of continuing training of all employees to maintain a high degree of safety, skill, performance and morale shall be provided. 8.05 Special employee meetings are scheduled when necessary to keep all employees advised of changes which will affect them. All employees will attend these meetings as it is the responsibility of each employee to be familiar with all rules, regulations and special instructions. Employees are paid for their time in these meetings. Personnel Manual 12 Agenda Item No. 16A8 June 8, 2010 Page 19 of 45 SECTION 9 PROBATION 9.01 Each employee shall be employed on a probationary basis for the first 180 days. During this time, the employee has the opportunity to demonstrate proper attitudes and abilities needed to perform his or her job. In the event an employee's skills do not develop as anticipated, and if additional time is necessary to evaluate the employee fairly, the probationary period may be extended for an additional 30 days. 9.02 During the probationary period, an employee may be separated from the company without right of formal appeal or hearing. 9.03 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement. - Personnel Manual 13 SECTION 10 PAY AND TIME RECORDS Agenda Item No. 16A8 June 8, 2010 Page 20 of 45 10.01 Pay periods for all employees shall be of 14 days each, beginning on alternate Sundays. Employees shall be paid on alternate Fridays for the pay period ending on the previous Saturday. 10.02 Each employee shall be provided with an itemized statement of earnings and all deductions for each pay period. 10.03 Payroll advances are prohibited. 10.04 Any employee found guilty of falsifying time records will be subject to dismissal. 10.05 Employee paychecks cannot be released to any person other than the employee unless the employee has signed a "Paycheck Release Notice" which authorizes release of the paycheck to individuals other than the employee. 1-'" Personnel Manual 14 Agenda Item No. 16A8 June 8, 2010 Page 21 of 45 SECTION 11 OUTSIDE EMPLOYMENT 11.01 Employees shall not engage in any outside occupation or activity that will in any way conflict with their job performance with the company. 11.02 Any employee engaging in any occupation or outside activity of compensation shall inform his or her supervisor of the time required and the nature of such activity. The supervisor shall determine whether or not such activity is compatible with company employment. - Personnel Manual 15 Agenda Item No. 16A8 June 8, 2010 Page 22 of 45 SECTION 12 POLITICAL ACTIVITIES 12.01 Each employee is urged to become interested in the political issues of his or her city, county, state and national governments and in the candidates who support or oppose his or her ideas of what is best for our various governments. Every employee is further urged to vote in each and every election. 12.02 It is a violation of the law of the state for company employees to campaign in political matters in connection with their occupation. No circulars, clippings or any other type of written or printed political communication shall be posted any place on company property. 12.03 Employees shall avoid political discussions with customers during the time they are on duty. If a customer brings up the subject, the employee shall, in a diplomatic way, avoid entering into the discussion. Personnel Manual 16 Agenda Item No. 16A8 June 8, 2010 Page 23 of 45 SECTION 13 PERSONNEL RECORDS 13.01 A detailed record of employment is kept for each employee. This record is always consulted when an employee is under consideration for promotion, discipline or for the purpose of answering reference requests. 13.02 An employee may look at his or her records during regular office hours upon a request to a member of the Management Team. Personnel records are property of the Company. An appointment will be scheduled for an employee to review their personnel records at a time convenient for the Company. 13.03 Employees are required to have on file with the company a correct home address and telephone number. A change of address and/or phone number must be given to the office within three days of the change. '\:.-- -, Personnel Manual 17 Agenda Item No. 16A8 June 8, 2010 Page 24 of 45 SECTION 14 PERFORMANCE EVALUATIONS 14.01 The performance of each employee will be evaluated regularly to assist the management staff in determining the employee's eligibility for promotional considerations, salary increases or continued employment. 14.02 Performance evaluations will be conducted on the employee's anniversary date. 14.03 Probationary performance evaluations will be conducted by the employee's immediate supeNisor and signed by both the employee and the supeNisor. The employee's signature is solely for the purpose of acknowledging that the evaluation has been performed, and shall not be interpreted as agreement or disagreement with the evaluation given. 14.04 Annual performance evaluation will be conducted with recommendations from the employee's immediate supeNisor to the General Manager. An appraisal meeting will be conducted with each individual employee to discuss work performance measures. 14.05 An employee should view the performance evaluations as an opportunity to understand more clearly his or her role and duties in the company and management's expectations and perceptions. It also is a time in which the employee and Bus Operators will be given on board evaluations on a quarterly basis. Bus Operators / Safety Sensitive Team Members should view the on board evaluations as an opportunity to understand more clearly his or her role and duties in the company and management's expectations and perceptions. It also is a time in which the employee and management can jointly define the goals and objectives which will allow the employee to be successful in the company. h~' - Personnel Manual 18 Agenda Item No. 16A8 June 8, 2010 Page 25 of 45 SECTION 15 PROMOTIONS 15.01 Job announcements of new positions or vacancies are advertised internally in order to give present employees first consideration when a vacancy occurs or when a new position is created. Management reserves the right to use discretion to hire outside this process when necessary. 15.02 Promotions are made with due regard to an employee's job performance within the last year including all areas within the employee evaluation. In addition, an employee's level of seniority, training, and special skills as they relate to the qualifications of the vacant position will be taken into consideration. This criteria . applies to all promotions including step promotions within an employees current job position. 15.02 A promoted employee must complete a 180-day probationary period. A promoted employee who does not achieve a satisfactory rating during his or her probationary period may be demoted to the former position from which he or she was promoted, provided the former position is still open. Otherwise the employee will be dismissed. 15.03 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement ..-.-,. Personnel Manual 19 Agenda Item No. 16A8 June 8. 2010 Page 26 of 45 SECTION 16 TERMINATION OF EMPLOYMENT 16.01 Employees may be separated from the employment of the company under the following conditions: a. Resignation: a voluntary, permanent separation initiated by the employee. b. Discharge: an involuntary, permanent separation c. Retirement: a separation of an employee who has reached retirement age d. Layoff: an involuntary separation through no fault of the employee and without adverse effect on his or her eligibility for future reinstatement e. Suspension: a temporary involuntary separation for disciplinary purposes 16.02 Upon termination of employment, the company shall deduct and withhold from the final paycheck any amount owed the Company for payment of items that include but may not be limited to unearned leave, group insurance premiums. 16.03 Upon termination of employment, the Company shall pay the employee for any vacation to which the employee is entitled. 16.04 Paychecks for employees terminating because of resignation or retirement shall be processed through regular channels and will be available on the next regular payday. 16.05 An employee must surrender his or her employee 1.0. and all Company property including but not limited to uniforms, manuals, etc., upon termination from the Company. 16.06 Termination payment for pension comes to the employee directly from the Pension Fund. ..... - ",i Personnel Manual 20 Agenda Item No. 16A8 June 8, 2010 Page 27 of 45 SECTION 17 PROBLEM RESOLUTION PROCEDURE 17.01 All work-related requests or problems shall be discussed with the employee's immediate supervisor. 17.02 If the employee feels the issue is still not resolved the employee and the supervisor will take the matter before the General Manager. 17.03 It is the policy of the Company to resolve all problems as soon as possible. All problems must be presented in writing to the person(s) as outlined in the ORDER OF PROBLEM RESOLUTION procedure listed below. The problem must be presented within 10 working days. A written response to the problem shall be provided by the employer within 5 working days. 17.04 The ORDER OF PROBLEM RESOLUTION procedure will be as follows: I. Immediate Supervisor II. Collier Area Transit General Manager III. McDonald Transit Associates, Inc. Regional Vice President IV. McDonald Transit Associates, Inc. President 17.05 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement ....;. - Personnel Manual 21 Agenda Item No. 16A8 June 8, 2010 Page 28 of 45 SECTION 18 WAGE AND SALARY ADMINISTRATION 18.01 Collier Area Transit has established a salary range for each position. Management will periodically analyze job responsibilities of each position and wage comparability studies to make necessary adjustments. 18.02 New employees will normally begin at the entry level of their position pay range. However, management may choose to assign certain employees at a higher rate because of recruiting difficulty or experience level of the applicant. 18.03 New employees who have satisfactorily completed their 180-day initial probationary period will receive a work performance evaluation. 18.04 Employees are eligible for annual pay increases after one year of employment. 18.05 Pay increases on an employee's hourly rate or annual salary shall be available until such time as the employee reaches the top salary rate for his or her position. 18.06 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement ; .-;; Personnel Manual 22 Agenda Item No. 16A8 June 8, 2010 Page 29 of 45 SECTION 19 MEDICAL AND LIFE INSURANCE 19.01 Each full-time employee shall receive medical and life insurance starting on the 15th day of the month following a 90 day waiting period that begins on the employee's hire date. 19.02 The company will pay costs incurred per month toward the employee's medical and life insurance coverage. 19.03 Payroll deductions are made for employees dependents' coverage. 19.04 Employees should refer to the medical insurance policy for the specifics of what the plan does and does not cover. Personnel Manual 23 Agenda Item No. 16A8 June 8,2010 Page 30 of 45 SECTION 20 S ICK LEAVE 20.01 Full-time employees earn eight hours sick leave per month. 20.02 a. Employees off for three (3) or more days maybe required to provide a return to work release from their physician. b. Sick leave may be used for employee personal illness and/or the illness of an employee's immediate household family member. c. The company has established six (6) absence occurrences per a one (1) year period as the maximum per employee. Employees who have seven (7) or more occurrences may be subject to disciplinary action. d. An occurrence can be defined as those reasons for not reporting to work other than vacation, holiday, jury duty, funeral leave, military leave, company business, and approved leave of absence. Any absence for a day, or succession of consecutive days will be classified as a single occurrence. (Example - one (1) day for a headache or two (2) weeks for a broken leg are both one (1) occurrence.) e. Each employee is required to report to work on time every day that he or she is scheduled and physically capable of performing the work. It is the responsibility of an employee to schedule appointments during non-working hours whenever possible. It is recognized and understood that there are valid emergencies for sickness and personal business that require time off, however the occurrences of these valid emergencies should not be too numerous to affect the productivity of the company. f. Management reserves the right to excuse certain occurrences, such a job injuries, terminal illness or special circumstances. 20.05 Employee terminating employment either voluntarily or involuntarily will not be paid for sick leave accrued. 20.06 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement ...: .-- ..... Personnel Manual 24 Agenda Item No. 16A8 June 8,2010 Page 31 of 45 SECTiON 21 VACATION LEAVE 21.01 Vacation time is earned by full-time employees as follows: After First Year: One Week Per Year Third Year: Two Weeks Per Year - Employees may use one week in its entirety and the second week may be divided up and used as needed/wanted. Seven Years: Three Weeks Per Year 21.02 When sick time has been depleted from an extended illness, vacation time may be used as sick time upon approval of the General Manager. 21.03 Vacation time will be scheduled in order of seniority at the beginning of the year by the employee with his or her supervisor's approval. Vacation time not scheduled during the normal vacation sign-up time shall be given on a first come, first serve basis with supervisor's approval. 21.04 E:nployees must request vacation time at least 14 (fourteen) working days in advance except in unusual circumstances. 21.05 Pc!rt-time employees may schedule up to one (1) week vacation leave without pay ea':;h calendar year. This time will be scheduled by the employee with his or her - supervisor's approval. Employees must request this leave without pay at least least 14 (fourteen) working days in advance except in unusual circumstances. Seniority will be used as a determining factor in leave without pay scheduling. 21.06 No more than one employee will be allowed to take vacation at a time. 20.07 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement "..;. - Personnel Manual 25 Agenda Item No. 16A8 June 8, 2010 Page 32 of 45 SECTION 22 HOLIDAYS 22.01 Full-time employees are eligible to receive holiday pay for all holidays observed by Collier Area Transit. 22.02 Employees shall be paid for the number of hours they are normally scheduled to work on the holiday when service is not operated on that day. 22.03 Employees shall be paid for eight (8) hours holiday pay and for all hours actually worked on the holiday when service is operated on that day. 22.04 If a holiday falls within an employee's paid vacation, the employee may be paid both for the holiday and for the vacation time on that day or for the holiday only at the employee's discretion. 22.05 If an employee is off on Inactive Status, military leave, leave without payor an extended absence when a holiday occurs, he or she shall not be eligible for holiday pay. 22.06 Employees must work their assigned work hours on their working days just prior to and just after the holiday or be on authorized leave on those days in order to receive pay for the holiday. 22.07 Holiday pay shall be paid for the following: a. New Year's Day b. Memorial Day c. Independence Day d. Labor Day e. Thanksgiving Day f. Christmas Day 20.08 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement Personnel Manual 26 Agenda Item No. 16A8 June 8, 2010 Page 33 of 45 SECTION 23 LEAVE OF ABSENCE / FAMILY MEDICAL LEAVE ACT 23.01 An employee desiring a leave of absence from employment shall secure written permission from the Company. Employees, upon request of their supervisor for reasonable cause, may be granted leave of absence not to exceed 30 days. The determination as to the number of persons who may be granted leaves of absence at one time is vested solely with the company. The purpose of this section is to provide for a leave of absence for a legitimate reason, such as emergency or hardship, not simply for personal convenience. 23.02 If a leave of absence is granted, the following shall apply: a. All company property, uniforms, etc. will be turned in prior to an employee beginning his or her leave of absence. These items will be returned to the employee when he or she returns from the leave. l' b. The last paycheck issued before the employee begins his or her leave of absence shall not be released until all company property has been turned in. c. Seniority of full-time roster shall be preserved. 23.03 During the period of absence, the employee shall not engage in gainful employment without prior written permission from the Company. Such permission will be extended only in unusual and warranted cases. Failure to secure written permission shall result in complete loss of seniority rights and immediate dismissal for the employee involved. 23.04 A leave of absence for a period not to exceed thirty (30) days may be issued for an extended absence due to illness or injury, if all employee sick leave benefits have been exhausted. Leave for extended absence due to illness or injury shall become effective immediately after all employee sick leave benefits are exhausted. A physician's release notice must be submitted to return to active status, otherwise the employee shall be discharged at the end of business on the 30th day. 23.05 Group Life and Health Insurance will not remain in force during the leave of absence, and' unless the leave of absence falls under approved Family Medical Leave Act (FMLA). 23.06 Family Medical Leave Act (FMLA) The'Company will comply with all applicable Federal law r~lating to Family Medical,. Leave Act (FMLA) 29 CFR Part 825. See Attachment FMLA Fact Sheet. ~...-.., SEcrlON 24 Personnel Manual 27 Agenda Item No. 16A8 June 8, 2010 Page 34 of 45 FUNERAL LEAVE 24.01 Paid funeral leave may be granted to a full-time employee for attendance at the funeral of an immediate family member. 24.02 An immediate family member is defined as spouse, mother, father, grandmother, grandfather, natural/adopted child, sister, brother, mother-in-law, father-in-law. 24.03 One, two or three days may be granted for funeral leave. The number of days granted by the supervisor will be determined by distance the employee must travel in order to attend the funeral, the closeness of the relative or other similar considerations. 24.04 The days granted must be consecutive and one day must be the day of the funeral. 24.05 Funeral leave will be paid at 8 hours straight payor the number of hours normally scheduled for the employee on these days. 24.06 No more than six working days per fiscal year will be granted to anyone employee for funeral leave. 20.09 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement SECTION 25 Personnel Manual 28 Agenda Item No. 16A8 June 8, 2010 Page 35 of 45 JURY DUTY 25.01 Full-time employees serving jury duty in Municipal, District or Federal Court will be paid the difference between the jury fees and the employee's base wages for the days of service. 25.02 When an employee is required to "report" for jury duty and is released for all or part of a day, he or she shall report to his or her supervisor for work for the day or balance of the day. 25.03 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement ;_.... ..,.., - SECTION 26 Personnel Manual 29 Agenda Item No. 16A8 June 8, 2010 Page 36 of 45 MILITARY SERVICE 26.01 Employees enlisting or entering the military or naval service of the United States, pursuant to the provisions of the Vietnam Era Veteran's Readjustment Assistance requirements of Federal Law and unless there has been a substantial change in the employment needs of the Company. The Company agrees to comply with all applicable Federal law respect to the re-employment rights of regular employees covered by this Agreement, and who have satisfactorily completed their military service in the armed forces of the United States, including H.R. 4986, the National Defense Authorization Act for FY 2008 (NOAA), Pub. L. 110-181. 26.02 When an employee seeks to return to active employment following military service, he or she shall satisfactorily complete a training program and physical examination before reinstatement. He or she shall be reinstated with preservation of his or her previous seniority date on a trial basis (probation) for 180 days. 26.03 Employees enlisted in the military reserves of the United States will be granted time off without pay when necessary to meet their obligations related to military duty. Under normal circumstances, employees should give notice of such time-off requirements to their supervisor at least fourteen (14) working days in advance. 26.04 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement !;: Personnel Manual 30 Agenda Item No. 16A8 June 8, 2010 Page 37 of 45 SECTION 27 WORKERS COMPENSATION 27.01 The intent of this policy is to reaffirm the company's commitment to fully comply with the Florida's Worker's Compensation Act and to establish and maintain uniform procedures for the implementation of the policy. 27.02 An employee sustaining a compensable injury is entitled to benefits in accordance to the Florida's Worker's Compensation Commission Act. 27.03 Compensable injury is defined as an injury that arises out of and in the course of employment for which compensation is payable under the Act. Benefits may include medical benefits, income benefits and death or burial benefit. Injury is defined as damage or harm to the physical structure of the body and those diseases or infections naturally resulting from the damage or harm. Injury includes occupational diseases. 27.04 All occupational injuries and illnesses must be reported within the employee's work shift to the ernployee's supervisor. Failure to do so may result in disciplinary action. 27.05 Employees may use their accrued sick leave benefits for a maximum of seven (7) consecutive working days if absent on Worker's Compensation. No other sick leave or vacation leave benefits may be accrued or used until such time as the employee returns to work. 27.06 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement. - Personnel Manual 31 Agenda Item No. 16A8 June 8, 2010 Page 38 of 45 SECTION 28 EMPLOYEES RETIREMENT PLAN 28.01 Contributions will be made to the company-sponsored pension plan on behalf of all eligible employees. 28.02 Employees will become eligible for entry to the pension plan on the first entry date (January 1 and July 1 of any year) following their one-year employment anniversary date or following one year in which the employee worked 1,000 hours or more. 28.03 Employees, at their option, may contribute from 1-15 percent of their gross pay each pay period. 28.04 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement Personnel Manual 32 Agenda Item No. 16A8 June 8, 2010 Page 39 of 45 SECTION 29 UNIFORM PROVISIONS 29.01 Full-time bus operators will be issued the following upon employment: five uniform shirts, Three pairs uniform slacks, and one dual-purpose jacket. 29.02 Part-time bus operators will be issued the following upon employment: four uniform shirts, two pairs uniform slacks, one necktie, one dual-purpose jacket. A hat will be issued upon request. 29.04 All employees are responsible for keeping their uniforms clean, pressed and in good general repair. 29.05 After a period of one year of employment, an employee will be eligible to have all or part of his or her uniforms replaced. Uniforms will be replaced only in the event they are in such a state of disrepair as to prevent the employee from presenting a professional appearance to the public. The decision concerning uniform replacement will be made by management. 29.06 Employees whose uniforms become damaged while being worn off duty shall be responsible for the replacement cost of the uniform. 29.07 Operator shoes must be black with non-skid or rubber soles. 29.08 Employees will be required to return uniforms upon termination. 25.04 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement. 25.05 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement - Personnel Manual 33 Agenda Item No. 16A8 June 8, 2010 Page 40 of 45 SECTION 30 EMPLOYEE PARKING 30.01 Employees parking their vehicles on the Company's parking lot(s) are responsible for making sure their vehicles are secured and in legal parking spaces. The Company is not responsible for loss or damage to private automobiles. 30.02 Employees shall park on the Company's parking lot(s) designated for employee parking, unless other parking arrangement(s) have been approved by the General Manager. Personnel Manual 34 Agenda Item No. 16A8 June 8, 2010 Page 41 of 45 SECTION 31 FREE TRANSPORTATION 31.01 Each employee, his or her spouse and dependent children (high school age or younger) will be allowed to ride for free on any regularly scheduled fixed-route transit route. 31.02 The spouse and/or children will not be allowed to ride continuously with the employee. 31.03 Employees, spouses and children will be issued employee 10 cards. These cards will serve as employee, spouse or children passes and must be shown upon each boarding unless the employee is boarding in full uniform. 31.04 These rules and regulations are not intended in word or intent to be in conflict with the current Labor Agreement. - Personnel Manual 35 Agenda Item No. 16A8 June 8, 2010 Page 42 of 45 SECTION 32 SEXUAL AND OTHER HARASSMENT 32.01 The intent of this policy is to reaffirm the company's commitment to providing a work environment that is free of discrimination, unlawful intimidation, ridicule or harassment based on sex, race, color, age, religion, disability or national origin. Sexual or other harassment, including retaliation against anyone who reports harassment, is unacceptable conduct in the workplace and will not be tolerated. 32.02 Employees engaging in sexual or other unlawful harassment shall be subject to diSCiplinary action up to and including termination of employment. 32.03 Sexual harassment is defined as unwelcome sexual advances or visual, verbal or physical conduct of a sexual nature, including any form of offensive behavior such as: a. Gender-based harassment of a person of the same or opposite sex as the harasser. b. Unwanted sexual advances. c. Offering employment benefits in exchange for sexual favors. d. Making or threatening reprisals after a negative response to sexual advances. e. Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters. f. Verbal conduct: making or using derogatory comments, epithets, slurs, and jokes. g. Verbal sexual advances or propositions. h. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations. i. Physical conduct: touching, assault, impeding or blocking movements. 32.04 Other forms of harassment are defined as ethnic slurs, racial jokes, verbal/physical ,,_. abuse or other offensive or persistently annoying conduct directed at someone's -, race, color, national origin, age; religious beliefs; ethnic oackgroundordisability. .- 32.05 The harasser can be the victim's supervisor, an agent of the employee, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to be a person harassed but could be anyone affected by the offensive conduct. The victim can be an employee of the company or non-employee including customers and public Personnel Manual 36 Agenda Item No. 16A8 June 8, 2010 Page 43 of 45 at large. Unlawful harassment may occur without economic injury to or discharge of the victim. 32.06 The list below exemplifies social behaviors that are inappropriate and unacceptable on the job: a. Telling jokes covering sexual, racial or ageism material. Use of slurs or slang names meant to put down women/men or persons of a particular race, age, ethnic or religious background. b. Displaying and/or distributing printed material of any nature, which stereotypes or demeans persons of a particular race, age, ethnic or religious background. Suggestive looks or leering, "undressing with eyes". c. Pats, squeezes, embraces or uninvited and deliberate touching or "accidentally" brushing against someone's body. d. Invitations for dates which do not stop when the response is negative.openly discussing personal sexual activity. e. Displaying visuals of sexual content in employee workspace, or locker or breakrooms. (Nude pictures, pin-ups, etc.) f. Using terms of endearment: sweetheart, babe, dear, honey, darling, fox, etc. g. Whistling, lip-smacking, making animal-type sounds and other similar-type behavior. 32.07 If an employee feels he or she is being sexually or otherwise harassed, the employee should take the following steps: Personnel Manual a. If comfortable doing so, directly inform the harasser that the conduct is unwelcome and must stop. If not comfortable, the employee should inform any member of the management team that they are most comfortable with. An employee who has been informed that his or her conduct is unwelcome is expected to immediately discontinue the unwelcome behavior. Should the unwelcome conduct continue, the victim should notify (verbally or in writing) his or her supervisor, or the General Manager. Notice should be given as soon as possible after the incident, including details of the incident(s), date of occurrence, name of individuals involved and the names of any witnesses. If the complaint is made verbally, the individual who received the complaint should put the complaint in writing. Supervisors will refer all harassment complaints to the General Manager. The company will immediately undertake an effective, thorough and objective investigation of the harassment allegations. Due to the sensitivity to the issue, complaints of sexual harassment will be investigated in the interest of maintaining confidentiality and protecting the integrity ,of both alleged victim and perpetrator. - - . - - -- If the company determines that unlawful harassment has occurred, it will take effective remedial action in accordance with the circumstances. Whatever action the company takes including disciplinary action against the harasser will be made known to the employee lodging the complaint. b. c. d. e. f. 37 Agenda Item No. 16A8 June 8, 2010 Page 44 of 45 32.08 All company supervisors should: a. Take responsibility for their behavior and act in a professional manner appropriate for a working environment. b. Take the issue of sexual or other harassment seriously and communicate that attitude to their employees. c. Discourage any activity in the workplace that may be perceived as harassment such as those listed in the examples above. d. Immediately investigate a complaint brought to their attention by an employee or refer it for investigation immediately and take appropriate corrective action to have it stopped. e. Recognize harassment for what it is. It is not the fault of the victim and he/she has a right to complain and see that it is stopped. 32.09 A supervisor who fails to investigate or refer for investigation harassment incidents or charges brought to his or her attention or to take appropriate corrective action shall be subject to disciplinary action. 32.10 An employee proven to have filed a complaint maliciously shall be subject to disciplinary action. 32.11 No employee shall be adversely affected by bringing cases of harassment to the attention of the company supervisors or the General Manager. Personnel Manual 38 Agenda Item No. 16A8 June 8, 2010 Page 45 of 45 SUMMARY STATEMENT 33.01 The statements in this Personnel Manual in regard to Collier Area Transit's policies and benefits have had to be condensed. It is not intended to be all inclusive, but to give you general information about policies which are in effect at this time. This is not a contract and nothing herein constitutes a contract or an offer of a contract between Collier Area Transit and the employee. Personnel Manual 39