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Resolution 2003-325 1 6 K 8. RESOLUTION NO. 2003- ~ A RESOLUTION APPROVING THE 2004 FISCAL YEAR PAY AND CLASSIFICATION PLAN, A GENERAL WAGE ADJUSTMENT (COLA) AND MERIT INCREASE, AND THE POLICIES AND PROCEDURES MANUAL FOR THE OFFICE OF THE COUNTY ATTORNEY. WHEREAS, it has been the policy of Collier County to establish and administer a system of compensation based on principles of public accountability, external competitiveness, internal equity, relative complexity and responsibility between classifications, market economic conditions, County financial policies and appropriate federal, state and Jocallaws pertaining to compensation so as to contribute to an environment conducive to employee motivation and productivity as is refenced, for example, in Ordinance No. 96-40, as amended by Ordinance No. 2001-50; and WHEREAS, for the Office of the County Attorney, the Board of County Commissioners believes this policy may be achieved through a combination of an annual pay and classification plan for employees under the administration of the County Attorney and the approval from time to time, and as appropriate, of general wage adjustments and merit increases. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The 2004 Fiscal Year Pay and Classification Plan for employees under the administration of the County Attorney, a copy of which is attached hereto as Exhibit 1, is hereby approved and adopted. 2. A general wage adjustment (Le., cost of living adjustment) of 2.8% for employees under the administration of the County Attorney, as is more particularly described in Exhibit 2 hereto, is approved and adopted. 3. A merit increase for employees under the administration of the County Attorney, as is more particularly described in Exhibit 2 hereto, is hereby approved and adopted. This merit increase, whether paid as a lump sum or otherwise, depending upon the status of the employee, is compensation for work to be performed in the fiscal year 2004 although the percentage of increase shall be governed by each employee's most recent performance evaluation prior to October 1, 2003. 16K 8 '1 4. The Collier County Attorney Policies and Procedures Manual for employees under the administration of the County Attorney, a copy of which is attached hereto as Exhibit 3, is hereby approved and adopted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this Z3n!. day of September, 2003. ATTEST: DWIGHT E. BROCK, CLERK IN',. M... BOARD OF COUNTY COMMISSIONERS COLLlERcc:;rTY'6 By: ~rY-- TOM HENNING, CHAIRMAN Cl ~ 23-03 '-'tt.st I. to 0.. f . Sfgnature onl,. . nIII . Approved as to form and legal sufficiency: ~ J~&_~J David C. Weigel County Attorney 16K8 EXHIBIT 1 COLLIER COUNTY ATTORNEY PAY AND CLASSIFICATION PLAN Effective 10/1/03 TITLE GRADE MINIMUM MAXIMUM EXEMPT (E) / NON-EXEMPT (NE) Chief Assistant County Attorney 36 87,885 135,113 E Assistant County Attorney 32 48,889 111,158 E Legal Office Administrator 23 46,559 71,580 E Legal Assistant / Paralegal 20 36,118 61,833 NE Legal Secretary 17 32,965 52,882 NE Legal Administrative Secretary 13 24,352 44,824 NE .. ~ , 16K8 ~., EXHIBIT 2 ADMINISTRATIVE GUIDE FOR FY 2004 COMPENSATION PLAN This is the Administrative Guide that is referred to in Section 8., 2. of COA Instruction 5341 1: PHILOSOPHY The philosophy of Collier County Government has been to implement and maintain a state-of-the-art compensation plan that other public sector employers strive to model. This plan will enable the County Attorney Office to recruit and retain the most knowledgeable and skilled employees available, which in turn will assist in providing an ongoing level of service to Board of County Commissioners that exceeds expectations. By implementing and maintaining this state-of-the-art compensation plan the Board will allow the Office of the County Attorney to continue moving towards the vision of having the best possible employees, which produce high quality results, are creative and proactive, and fiscally responsible. b GENERAL WAGE ADJUSTMENT The Office of the County Attorney shall continue with a cost of living adjustment (COLA) across the board equivalent to 2.8% of base salary. 2.8% is based on the percentage to be granted to other county employees. J: MERIT and PAY PLAN MAINTENANCE The Office of the County Attorney shall continue its practice of giving merit increases based upon individual employee performance evaluation scores. The Board approved 4.55% of the total salary expense for the Office of the County Attorney to be allocated for merit and COLA. Of that 4.55%, 2.8% shall be allocated to COLA leaving 1.75% to be allocated to merit and pay plan maintenance. The merit funds shall be allocated as a percentage of the mid-point of the salary range and added to the base salary for the individual positions, except that the Chief Assistant shall receive any merit increase for fiscal year 2004 in the form of a one-time lump sum bonus. This allocation practice will bring individual employees in the lower half of the salary range up to the mid-point of the range in a more rapid manner and will slow the progression of the employees above mid-point of the range. This type of system is easy to understand, 16K81 represents a fair approach based on performance and position in range, and slows down movement through the pay scale. 1: PAYMENTS IN LIEU OF PERMANENT INCREASE The Office of the County Attorney shall continue its practice of giving merit and COLA adjustments to any employees who have reached the maximum of their salary ranges in the form of 26 payments over a one-year time period in lieu of a permanent increase and as described in Section 121.021 (22)(a)(5), Florida Statutes. These payments will be calculated on the maximum of the salary range and are paid out over 26 pay periods. At the end of the fiscal year 2004, these payments will sunset and will not become part of the employee's base salary. EXHIBIT 3 16K8 " COLLIER COUNTY ATTORNEY POLICIES AND PROCEDURES MANUAL David C. Weigel County Attorney Welcome to the Office of the County Attorney. The function of this office is to provide legal services to the Board of County Commissioners and the County Manager and all County divisions, deparonenrs and appointive committees under the Board of County Commissioners. W/e also represent the County in litigation brought by or against the County and work with constitutional officers and judiciary on Board-related and statutorily-required matters. It is imperative that we listen to and acknowledge our clients' problems and challenges and maintain a positive attitude while working to assist them in achieving their goals and resolving their difficulties. \'Vhenever possible, we should attempt to find new courses of action that will achieve our clients' desired results within a wise and prudent legal framework. The purpose of this manual is to inform eacn employee of tne standard operating procedures and policies of this Office and to provide for the establishment of a uniform and consistent procedure for the administration of the COUnty Attorney's Office. The policies and procedures in this manual apply to all persons performing work in the Office of the COUnty Attorney, whether employed by the County, working as volunteers or earning credits in la\v school. The County lvlanager's Employee Services Practices and Procedures ;\fanual as of September 23, 2003 is hereby adopted by reference except as noted in the following pages. In the parts of the manual that are adopted by reference, the \vords County I\ttomey shall replace the words County ~Ianager or County Administrator where applicable. This manual does not create a contract of employment with anyone. It is subject to review and may be revised from time to time by the County Attorney as necessary. Employees of the County Attorney are at will. This manual must be reviewed by a new employee, volunteer or legal intern within ten working days of commencement of employment or commencement of duties with the COUnty Attorney Office and periodically thereafter as needed. Employees will be asked to sign an acknowledgment that they have received and reviewed the manual and amendments thereto. The original acknowledgment shall be provided to the Legal Office Administrator to be kept in the County Arrorney Office personnel file. Any questions or suggestions concerning the matters covered in this manual should be immediately directed to the County Arrorney or to the Office Administrator. Co//ier Cmlnty - Buard of Cuunty Commissioner.,; County ,\nurney Practices and Procedure.r 1 11..K84 Adopted by Administrative Procedures Reference (yes I no) CMA# 1000 1001 1002 1200 5300 5301 5305 5306 5307 5308 5309 5310 5311 5312 5314 5315 5316 5317 5318 5319 5320 5321 5322 5323 5324 5325 5326 5340 5341 5343 5344 5345 5346 5350 5351 5360 5361 5380 NO NO NO NO NO YES YES NO YES YES YES YES YES YES YES YES YES NO YES NO YES YES NO YES YES YES NO NO NO YES YES YES YES NO NO YES YES YES Subject Administrative Doctrine. establishment of County Manager Agency Organization Code Staff Interface with Individual Board Members Media and Public Relations; coordination of Business Casual Dress and Casual Dress Day Vacation Sell Back Option Procedures ADA (Americans with Disabilities Act) Administrative Provisions AIDS/Catastrophic Illness in the Workplace Anti-Fraternization Appearance and Personal Hygiene Business Travel Code of Ethics/Standards of Conduct Drug-Free Workplace Employee Assistance Program Inspection of Personnel Records Jury Duty Labor Agreement Non-Smoking Workplace Performance Evaluation Political Activity Probationary Period Separation Sexual Harassment Solicitation Training and Education Uniforms Classification Pay Plan Compensation Administration Job Status Tuition Reimbursement Work Hours Relocation Expenses Commitment to Fair Treatment Discipline Leaves of Absence Family and Medical Leave Benefits Outside Employment Collier County - Board of Counly Commissioners; County Attorney Practices and Procedures Page # 2 5381 5382 5383 5384 5385 5386 5387 5389 5800 5801 5802 5805 5900 5901 CMA# 5200 5201 5202 5203 5204 5205 5401 5402 5403 5404 5405 5500 5501 5600 5803 5804 5806 5807 YES YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO NO IhK8 Employment of Relatives Employment References Equal Employment Opportunity (EEO) Interview Expenses Recruitment and Selection Flexible Workplace Program Workplace Violence Employee Identification Badge Return to Work Practices for Off the Job Disability Return to Work Practices for Work Related Injuries Personal Property Loss Eligibility to Drive County Vehicles Cessation of Normal Government Activities and Personnel Roles and Responsibilities During Emergencies Emergency/Disaster Pay Business Operations Posting of Notices and Signs; procedures for Fire and Bomb Threat Evacuation Plan Annual County Driver Agreement Motor Pool Capital Recovery Program Motor Vehicle and Equipment Assignment American with Disabilities Act. Service Animals Pro?urement of Information Technology Systems and Services County Government Electronic Mail (Email) Deletion and Retention of Email (Electronic Mail) Publication on the Internet Proper County Computer Workstation Usage Signature Authorization Procedure Cellular Telephone Policy/Procedure; establishment of Real Property Inventory System Non-Employee Accidents County Property and Auto Damage Protective Footwear Maintenance of Traffic (MOT) Col/Uir County - Board oj Counly Commuswnus; COUnly Attorney Pracrices and Procedures 3 16K8 :1 OFFICE OF THE COUNTY ATTORNEY ADMINISTRATIVE PROCEDURE COA Instruction 1000 Effective Date: February 20, 1996 (Revised: June 10, 1999; Revised: October 1, 2001, September 23, 2003) SUBJECT: Administrative Procedure; establishment of PURPOSE: The purpose of this Instruction is to provide for the progressive establishment of a uniform and consistent procedure for the administration of the County Attorney Office and to issue initial guidance and direction for such implementation. CONCEPT: It is intended that the Administrative Procedure will ultimately provide a single body of direction for the administration of the County Attorney Office, will facilitate management by exception, will enhance uniformity throughout the Office, will reduce paperwork and clerical searches for applicable directives, and will facilitate the orientation and training of attorneys and support staff. PROGRESSIVE IMPLEMENTATION: The body of the Administrative Procedure will be developed progressively. Effective this date, all new directives will be submitted in this format as either an Instruction or a Notice issued by the Office of the County Attorney. Existing directives will remain in effect; however, changes will occasion reissue as COA Procedure. BOARD RESOLUTIONS: While matters of policy, appropriation, and legislation will properly be reserved to the Board of County Commissioners, Executive Summaries and Resolutions will be framed to reserve, to the maximum extent possible, matters of policy implementation and administration to the County Attorney. INSTRUCTIONS: Instructions are directives of continuing applicability and encompass no cancellation date. They are assigned four-number subject category identification; i.e.: 1000, 1001, 1002, etc. COORDINATION: The County Attorney is responsible for management of the Administrative Procedures. Questions regarding applicability and should be addressed to the County Attorney. SIGNATURE AUTHORITY: All Instructions will be signed either by the County Attorney or "By direction," as follows: County Attorney: Instructions in implementation of Board policy or direction, and Instructions of major policy impact within the Office. Chief Assistant County Attorney: Instructions of the above nature in the absence of the County Attorney, and all substantial changes to existing Instructions. David C. Weigel County Attorney Collier County - Board of Cou",y Commiu;oners; County Attorney PractU:eJ and ProcedureJ 4 16K8 OFFICE OF THE COUNTY A ITORNEY ADMINISTRATIVE PROCEDURE COA Instruction 1002 Effective Date: September 16, 1996 (Revised: October 1,2001; September 23,2003) SUBJECT: County Attorney Staff Interface with Individual Board Members PURPOSE: The purpose of this Instruction is to provide guidance to members of the County Attorney Office staff in dealing with requests for infonnation, recommendations, or directives from individual members of the Board of County Commissioners. BACKGROUND: The collective responsibility of the Board, as defined in Florida Statutes, Chapter 125, is to legislate and set policy, and is derived from its collective authority when acting as a Board. Collier County Code of Laws and Ordinances, Section 2.78(d) provides "Notwithstanding any of the foregoing, the powers and duties of the county administrator herein defined, shall not be construed to limit the right of the board to retain and employ its own staff with such powers and duties as the board may designate. This shall specifically include the right to retain legal counsel who shall report directly to the board and who shall have sole responsibility for the management of the legal staff. DIRECTIVE: In cases where individual commissioners contact staff members directly for purposes of inquiry or information, staff shall comply with such requests as quickly and completely as is practically possible. Staff shall also inform the County Attorney or Chief Assistant County Attorney of the nature of such requests and subsequent information which is provided in response. David C. Weigel County Attorney ColUer County - Board of County Commissioners,' County AttoTluy PractiCllI and Proceduns 5 16KB I I f OFFICE OF THE COUNTY ATTORNEY ADMINISTRA TIVE PROCEDURE COA Instruction 5306 Effective Date: April 9, 1999 (Revised: October 1,2001; September 23, 2003) SUBJECT: Administrative Provisions PURPOSE: The purpose of this Instruction is to provide for the implementation of Administrative Procedures authorized by the County Attorney. CONCEPT: It is the policy of the County Attorney to develop and utilize Personnel Rules and Regulations to ensure uniform understanding and application of County Attorney Policies and Procedures, and to identify authority and responsibility for such practices while providing a working guide for new and existing supervisory and management personnel. These shall be referred to as the County Attorney Policies and Procedures. These Policies and Procedures apply to all employees of the County Attorney's Office and serve as a guide for supervisory and staff personnel in the day-to-day administration of the County Attorney's Office. Jurisdiction of these Administrative Practices and Procedures may be superseded by State and/or Federal law, or by appropriate action by the County Attorney. A. Definitions A policy is a broad declaration of the County Attorney's commitment to certain worthwhile goals. It is based upon a determination of need within the County Attorney Office's daily function and is approved by the Board of County Commissioners. A practice or directive is a broad declaration of the County Attorney's commitment to certain worthwhile goals. It is based upon a determination of need within the County Attorney's Office daily function and is approved by the County Altorney. A procedure provides detailed instructions and in some cases, sample forms for routine administration, implementation and/or documentation for the application of policies. Such procedures are designed to assure consistent application of policies, provide adequate records and ensure compliance with applicable laws and regulations. TheLegal Office Administrator, with the assistance of the Chief Assistant County Attorney. shall prepare and recommend to the County Attorney such additions or amendments to these and Procedures as may be necessary or advisable for the effective administration of the County Attorney's Office. B. Administration The County Attorney or Chief Assistant County Attorney shall be responsible for the administration and interpretation of the County Attorney Office Policies and Procedures. Throughout the County Attorney Office Policies and Procedures, there are references to the authority. responsibility and/or role of the County Attorney. The County Attorney may approve Collier County - Board of COUnly Commis!ioners; County AUorlley Practice! and Procedure! 6 1 ,6K8 ~1 exceptions to these Policies and Procedures. The County Attorney may change these Policies and Procedures at any time. David C. Weigel County Attorney Collier County - Board of COUnly Commissioners; CounlJ A.ttorney Practices and Procedures 7 16K8 J OFFICE OF THE COUNTY ATTORNEY ADMINISTRA TIVE PROCEDURE COA Instruction 5319 Effective Date: March 17,1999 (Revised: October 1,2001; September 23, 2003) SUBJECT: Performance Evaluation PURPOSE: The purpose of this instruction is to provide for the implementation of a Performance Evaluation procedure authorized by the County Attorney. CONCEPT: It is the policy of the County Attorney to provide a system for regular assessment and communication with employees regarding their job performances. The County Attorney's performance evaluation system consists of four on-going activities: Action Planning, Performance Evaluation Procedures, Monitoring Performance, and Assessing Performance. Administration of Performance Evaluation System: A. Action Planning 1. The Action Planning phase begins one to three weeks after the following personnel actions: new hire, promotion, demotion, or transfer. 2. Action Planning is conducted by the immediate supervisor and/or the Legal Office Administrator with the employee. This criteria shall be mutually established by the supervisor and employee and be consistent with the mission and work plan of the section, department, and/or division. a) Determine "Key Result .Areas" and "Measures" with which to assess future performance of that employee. b) The Action Planning session is recorded on an "Action Planning" form, signed by the supervisor and employee and maintained in the department. B. Performance Evaluation Procedures An employee's performance is measured against the pre-established Action Plan as well as other guidelines, policies, procedures, the job description and. the position profile. C. Monitoring Performance Supervisors are encouraged to establish methods and practices to regularly monitor employee performance. Such methods may include: employee performance logs. check lists, regular meetings, observation, transmittals, samples of work products or other appropriate monitoring tools. Collier County - Board of County Commissioners; County AUorney Practices and Procedures 8 16K8:~ D. Assessing Performance 1. Performance should be assessed on an on-going basis. To facilitate this process, the Performance Evaluation system includes regular intervals for formal performance assessment. a) Three-month evaluations are conducted after the following personnel actions: new hires, promotions, demotions, transfers or an overall or individual Key Result Area with a below standard rating. b) Six-month evaluations are conducted for new hires. c) Annual evaluations are conducted in July or August of each year. When applicable, the annual evaluation is the primary basis for the merit increase for the employee. d) The annual evaluation will include review and/or assessment of the Action Plan's Key Result Areas and Measures, Performance Factors and an overall rating. Other evaluations will be verbal unless the employee is performing below standards. 2. The Legal Office Administrator is responsible for forwarding the completed Performance Evaluation to the Human Resources Department. 3. The Supervisor and/or Legal Office Administrator is responsible for the following activities in the order specified: a) assessing (rating) the employee's overall performance and providing appropriate comments and examples to support the ratings. Documenting actions for improvement and areas for concern. b) at the discretion of management, routing the above materials and information to the next level of supervision prior to meeting with the employee. c) conducting an effective performance evaluation interview and discussing all of the above with the employee. d) having the employee sign the performance evaluation form to acknowledge the employee has reviewed the performance evaluation. If the employee refuses to sign the performance evaluation, it should be so indicated in the space provided for the signature. e) routing the completed performance evaluation through the chain of command to the County Attorney for signatures. 4. Supervisors should complete a performance evaluation at any time deemed necessary. 5. Transfers will require a new or adjusted Action Plan when the duties and/or supervisor change. 6. At the time of a promotion, transfer or demotion of an employee, the current supervisor will conduct an evaluation and forward it to the new supervisor. E. Failure to Meet Standards Performance Evaluations 1. At any time that an employee's overall rating fails to meet standards, those categories must be re- evaluated in three months. Failure to meet standards means a rating of less than Meets Expectations on an individual performance factor or KRA. The follow-up review shall only cover those areas previously identified as below standard unless other areas of performance have decreased to below standard. Performance shall be monitored closely and specific actions to correct performance shall be documented in the performance evaluation. Collier COUnly - Board of Counly Commissioners; County A.ttorney Practices and Procedures 9 16K8 2. If an employee's overall rating is below standard. during a probationary period. he/she may have the probationary period extended or be returned to the previous position (if promoted). An employee who has completed their initial probationary period may be terminated if that individual receives two consecutive overall below standard evaluations. Should an individual receive an overall below standard evaluation, he/she will be re-evaluated within a three month period. Should performance not improve to an acceptable level during this time, the employee may be terminated at any time during the three month period or at the conclusion of such period. David C. Weigel County Attorney Collier CoutUy - Board afCoutUy Commissioners,' County Auorney Practices and Proceduns 10 16KB OFFICE OF THE COUNTY ATTORNEY ADMINISTRA TIVE PROCEDURE COA Instruction 5322 Effective Date: October 1, 1998 (Revised: October 1, 2001; September 23,2003) SUBJECT: Separation PURPOSE: The purpose of this Instruction is to provide for the implementation of a Separation procedure authorized by the County Attorney. CONCEPT: It is the policy of the County to ensure fair and uniform treatment in all separations whether voluntary or involuntary without regard to race. creed. sex, color. religion. national origin, age or marital or disabled status. A. Types of Separations Separations of employment from positions in the County Attorney service shall be designated as one of the following types; 1. Resignation Any employee wishing to leave County Attorney service in "good standing" shall provide their immediate supervisor with at least two working weeks notice in writing. This notice period may not include paid vacation or personal leave, and any sick leave taken during this period must be approved by the County Attorney. Chief Assistant County Attorney or Legal Office Administrator. Failure to provide this notice may be cause for denying re-employment by the County. Resignation letters, once submitted by an employee. may only be withdrawn with approval by the County Attorney. 2. Retirement Retirement benefits are available through the State of Florida Retirement System. A member of the Regular Class must have at least 6 years of service. An employee must be at least normal retirement age (age 62 for Regular Class employees) OR have a minimum number of years of service (30 years for Regular Class employees) to receive full benefits. A vested regular class employee may retire prior to reaching age 62 or 30 years of service with reduced benefits. A vested Special Risk Class employee may retire prior to reaching age 55 or 25 years of service with reduced benefits. There is a 5% reduction in benefits for each year the employee's age is short of normal retirement age. Employees considering retirement should contact the Human Resources Department at least three to six months prior to retirement. 3. Disability Any employee wishing to leave County Attorney employment as a result of a disability may do so only under the following circumstances: Collier County - Board of Coullly Commissionrrs; County AUorney PlTlctices and Procedures 11 16K8 ., 1 · Disability Retirement - An employee is eligible for regular disability if they have completed 10 years of creditable service. The disability must be total and permanent. · Social Security Disability - An employee is eligible if they are unable to do any kind of work for which they are suited and their disability is expected to last for at least a year or to result in death. 4. Death 5. Layoff (and Recall) · Should it become necessary to reduce the number of employees within a given classification through a shortage of funds, lack of work, or other causes, by authority of the County Attorney. employees shall be laid off within the department in the following order: · temporary employees · part-time probationary employees · regular part-time employees · full-time probationary employees · regular full-time employees · The decision of who will be laid off among full-time employees will be made by the County Attorney in such manner that, in the opinion of the County Attorney, conserves for the County the services of the most valuable employees. · Employees on lay-off status shall not accrue benefits during the lay-off period. · An employee on lay-off status for a period of six months will then separate from employment with the County. · Employees laid off under the provisions set forth above will be recalled in the reverse order in which they were laid off for the same classification in the department. · Employees on lay-off status will be given employee preference for vacant posted positions for which they are qualified. 6. Discharge Employees may be discharged for misconduct, unsatisfactory work performance, inability to perform required duties, job abandonment and/or violations of the Standards of Conduct. a) The procedure to discharge regular full-time and regular part-time employees who have completed their probationary period who are unable to perform the duties and responsibilities of the class specification will not include references to disciplinary action unless this is a factor in recommending the discharge. Communication to these employees shall be through memorandum and not include a Disciplinary Record Form or reference to discipline. Coluer County - Board of County Commi&sione1'$; County AUonuy Practices and Procedurrs 12 16K8 ... B. Administration The following procedures apply to all classifications of separation and must be followed except where specifically noted otherwise. 1. Notification Immediately upon written notification that a voluntary separation (resignation) is to occur, the Department Director should submit a "Personnel Action Report" to the Human Resources Department. All pertinent portions of the form should be accurately completed and must be signed by the County Attorney or Chief Assistant County Attorney. The Human Resources Department and the Information Technology Department must be verbally notified as soon as the employee provides a notice of separation. 2. Exit Interviews Employees separating from County service may be asked to schedule an exit interview in the County Attorney. Chief Assistant County Attorney or Legal Office Administrator. The purpose of this meeting is to provide Collier County with information which will reveal reasons for separation. The County Attorney, Chief Assistant County Attorney or Legal Office Administrator may waive the exit interview for employees separating as a result of work rule violations. unsatisfactory performance or related reasons. Issues that are discussed during the exit interview remain confidential whenever possible, but are often used to learn about areas that require attention and will benefit current employees with the County. 3. Pay upon Separation a) Employees separating from County Attorney service will normally receive their final paycheck on the next regularly scheduled payday following the date of termination. Final paychecks shall include any unused leave which may be due the employee as provided for elsewhere in these policies and procedures. b) The County Attorney may waive the required two weeks termination notice in order to ensure appropriate departmental operations. 4. Return of County Property a) All County property issued to the employee is to be returned or accounted for to the satisfaction of the County Attorney. David C. Weigel County Attorney Collier Counly - Board ofCounly Cummissioners,. Counly Auorney Practices tuJd Proceduns 13 16K8 II OFFICE OF THE COUNTY ATTORNEY ADMINISTRA TIVE PROCEDURE COA Instruction 5340 Effective Date: May 21, 1999 (Revised: October 1,2001; September 23, 2003) SUBJECT: Classification Pay Plan PURPOSE: The purpose of this Instruction is to provide for the implementation of a Classification Plan procedure authorized by the County Attorney. CONCEPT: It is the practice of the County Attorney Office to establish and utilize a Classification Pay Plan, which provides a systematic arrangement and inventory of positions grouped into classes indicative of the range of duties, responsibilities, and level of work performed. The class titles standardize the meaning. allocation and usage of the plan throughout the County Attorney Office based upon the similarity of work and duties performed. A. Use of the Plan: 1. Outlines general position duties. 2. Sets minimum qualifications required to hold the position. 3. Demonstrates possible career-pathing and promotional opportunities. 4. Indicates levels of supervision. 5. Provides a uniform system of salary determination based on identified elements and reflects the position's comparative internal value as well as its competitive market (external) value. B. Content of the Plan: I. The plan includes groupings of positions into classes on the basis of approximately equal difficulty and responsibility which requires the same general qualifications and which can be equitably compensated with the same salary range. 2. A class title standardizes the meaning. allocation and usage of the title throughout the County based on similarity of work and duties performed. It is indicative of the work of the class and shall be used on all human resources, accounting, budget, and related official records 3. Written job descriptions for each job title containing the nature of work and relative responsibilities of the class, requirements setting forth the necessary knowledge, skills, and abilities required for adequate performance of the work, and the desirable experience and training needed for recruiting to the class are established and updated as necessary. C. Administration and Maintenance of the Classification Pay Plan: 1. The addition of new job titles, new classes, deletion of existing classes or job titles. adjusting salary ranges or reclassifying a position shall be accomplished by the County Attorney. 2. Requests for consideration of reclassifications must be submitted in writing to the County Attorney and must state the basis for the request. CoWer County - Board o/County Commission~n; Coullly Altorn~y Practices and Proclldllns 14 1 ~K8~.~ 3. Reclassifications must be approved by the County Attorney. 4. Reclassifications may result in the issuance of a new or revised job description or abolishment of a current one. 5. Policies regarding salary adjustments due to reclassification are included in the Compensation Administration Procedure. 6. Changes to the annual Classification Pay Plan shall be approved by the County Attorney. or designee and ratified by the Board to become effective. David C. Weigel County Attorney Collier County - BOdTd of County CommissiofUlrs,' County AltorfUll PrtlC~S tmd Procedures 15 16K8 '" OFFICE OF THE COUNTY ATTORNEY ADMINISTRA TlVE PROCEDURE COA Instruction 5341 Effective Date: May 21, 1999 (Revised: November 4, 2000; Revised: October 1, 2001; September 23, 2003) SUBJECT: Compensation Administration PURPOSE: The purpose of this Instruction is to provide for the implementation of a uniform Compensation Administration practice authorized by the County Attorney. CONCEPT: It is the policy of the County Attorney to establish and administer a system of compensation based on external competitiveness, internal equity. relative complexity and responsibility between classifications. market economic conditions. County financial policies and appropriate federal, state and local laws pertaining to compensation. This system shall be utilized to contribute to an environment conducive to employee motivation and productivity. A. Responsibilities 1. The Legal Office Administrator is responsible for the following: a) Recommending compensation systems. policies and procedures to the County Attorney and. as appropriate. the County Attorney will recommend to the Board. and ensure adherence to those implemented. b) Developing, maintaining and recommending revisions to job descriptions as a component for compensation decisions. c) Providing compensation administration reports and data needed for program review and control. d) Reviewing and providing recommendations for revising pay rates, pay structures and practices at least annually to ensure effective recruitment and retention. e) Ensuring compliance with wage and hour laws and regulations. f) Consulting with employees. supervisors and management on compensation administration issues. g) Maintaining the pay plan schedule of salary grades for each classification title consisting of hourly. biweekly, and annual rates for the minimum and maximum of the salary ranges. Colliu County - Board o/COUtUy Commisgionus; County AnornllY Practiclls and ProClldlU'llS 16 16K8 · · B. Components 1. Salary ranges shall be established as a part of the ClassificationlPay Plan. They will include a salary grade and the minimum/maximum, for salary administration. 2. Administrative guides will be developed and implemented based on local, state and federal law, and effective management principles. C. Amendments Revised salary ranges will be considered by the County Attorney in conjunction with studies indicating revisions to the classification and pay plan, adjustments in internal equity or external competitiveness. D. Salary Administration Guidelines I. Appointments a) New employees will be placed appropriately within the salary range established for their classification based upon their prior experience and skill level. Recommendations for offers above the minimum but not exceeding the maximum of the salary range, may be approved by the County Attorney with proper justification. Such justification may include, but is not limited to, external competitiveness, internal equity, difficulty in filling the position, or qualifications exceeding the classification's minimum requirements. 2. Special Pay Adjustments a) Special pay adjustments may be utilized to justify a pay increase not provided for elsewhere under these rules. Such special pay adjustment requests must meet at least one of the following requirements in order to be recommended for approval. Special pay adjustments must be authorized by the County Attorney and submitted to the Human Resources Director. 1. Additional permanent responsibilities not required in the employee's current job classification. 2. Significant increase in the employee's span of control. (Le, number of subordinates increases or locales or sections under their jurisdiction increases.) 3. Serious inequity in internal andlor external professional comparability. Collier County - BCNUd of County Commissioners; County AUorney Praetins and Procedures 17 16K8 .j 4. Attainment of certain professional or technical certifications or licenses (i.e., attainment of a Florida water/wastewater operator license or regionally sanctioned building inspection certification), This would not automatically extend to those employees who receive a college degree. workshop or seminar certificate. 5. Exceptional or unusual conditions associated with an employee's job classification. b) No employee may be granted such a special pay adjustment more than once during any fiscal year. c) Any such adjustment shall not exceed the maximum salary established for the job classification. 3. General Wage and Pay Plan Adjustments The County Attorney may propose a general wage and/or pay plan adjustment as part of the budget approved by the Board of County Commissioners. Such adjustments (Pay Plan Maintenance costs) would be consistent with the specific needs of the compensation plan at that time and proposed by theCounty Attorney. a) Employees shall maintain the same salary relationship to the minimum of the salary range that existed prior to the pay plan adjustment. b) The County Attorney may approve exceptions to 3(a) above. 4. Merit Pay Merit increases will be distributed as determined by the County Attorney and updated annually by way of Administrative Notice. 5. Acting Assignmentffemporary Additional Duties An employee who is requested to perform work in a higher classification on a temporary basis or for taking on an additional workload for less than three weeks shall do so with no increase in pay. Should the temporary assignment be expected to exceed three weeks. the employee shall be granted an adjustment in pay up to 10 percent (10%) above hislher regular rate of payor the base salary of the acting position. whichever is greater. This adjustment shall be retroactive to the beginning of the temporary assignment. Upon completion of the temporary assignment. the employee's pay will return to the former rate. 6. Promotion A promotion occurs as a result of a competitive process for a vacant position with a higher pay grade. Upon promotion to a classification with a higher pay grade, the employee shall receive up to a 10 percent (10%) pay increase. Pay increases in excess of that stated in this paragraph require approval of the County Attorney. Collier County - Board ufCounty Commissioners; County Auorney Practices and Procedures 18 ,. .~.K8 .. . 7. Demotion a) An employee may be demoted to a position with a lower pay grade for, but not limited to, any of the following reasons; when an employee would otherwise be laid off because the position is being abolished; the position is being reclassified to a higher grade and the employee is not qualified to continue in the position at a higher grade; lack of work; lack of funds; the return to work from an authorized leave of another employee to such a position in accordance with the rules on leave; when an employee does not possess the necessary qualifications to render satisfactory service in the position held; as a result of reorganization; a promoted employee is not successfully performing the duties of the new position; and when an employee voluntarily requests such demotion. b) The pay of an employee demoted to a classification having a lower pay grade than his/her present classification shall be based upon the following: 1. Pay will not exceed the maximum salary of the pay grade designated for the lower position. 2. Employees being demoted to their former position may receive the same salary they had before the promotion. Any salary range adjustment, general wage adjustment or merit increase granted while the employee served in the higher position will be added to the salary. 3. The County Attorney will recommend a salary based on the reason for the demotion, employee's length of service, salaries of other employees in the same job classification and the same department, relative position in the pay grade and pay increases granted by the County since the employee's hire date. 8. Reassignments The County Attorney may re-assign an employee to meet the operational needs of the organization. The reassignment may be permanent or temporary depending upon the particular circumstances. Any impact on pay will be determined in accordance with the Compensation Administration Instruction # 5341 of the County Attorney Policies and Procedures Manual 9. Reclassifications a) Employees who are reclassified to a higher level classification may receive an increase of up to ten percent (10%) over their current salary or receive an increase to the base of the new classification, whichever is greater. If the current salary is within the range of the new classification. the salary mayor may not change. They County Attorney may approve exceptions. Collier County - Board of County Commisfionen; County Attorney Practices and Procedures 19 16K8 ~ b) Reclassifications to a lower salary grade will result in no change in an employee's salary unless the employee's salary exceeds the maximum salary established for the new classification. In such cases, the employee's base salary shall be adjusted to the maximum salary of the new classification. 10. Career Progresssion a) Identified classifications containing beginning, intermediate and advanced competing levels will offer incremental pay increases of up to 10% for demonstration of the required competing set. This criteria shall be established and monitored and approved by the County Attorney. 11. Overtime payment is governed by provisions of the Federal Fair Labor Standards Act. a) Collier County employees may be called upon and required to work overtime if, in the opinion of the supervisor, it is necessary to meet the demands of the job being performed. b) Except for emergency situations, all overtime work must be approved in advance by the County Attorney. or his designee. Overtime work may be requested for, but is not necessarily limited to, the following circumstances: 1. An accumulation of work due to unexpected andior excessive absenteeism. 2. An increase in the normal work load for short and unexpected periods of time. such as the completion of a specific program or project. c) Any non-productive time off, such as sick leave, jury duty, personal leave, funeral leave. or any other non-productive time, paid or unpaid, shall not be counted as time worked in calculating overtime pay. Whether a holiday is worked or not, the holiday will be counted for overtime purposes if the holiday falls during the employee's regularly scheduled work week. Holiday pay itself is only paid at straight time. Vacation and call-back hours are counted as time worked (productive time) in computing overtime pay. d) Employees who, without a legitimate excuse, refuse to work overtime may be subject to disciplinary action. e) Overtime pay categories An employee's eligibility for overtime pay is determined by the employee's job classification and its classification as either non-exempt or exempt in the current pay plan. 1. Employees Eligible for Overtime Pay: Non-Exempt Employees a) Employees in office, secretarial, trades, and technical posItions are generally considered "non-exempt" positions under the Fair Labor Standards Act. These employees on the 40 hour workweek will receive overtime at the time-and-one-half rate for all hours worked in excess of 40 Collier County - BtHUd of County Commissioners; Counly Altorney Praclius tmd Proceduns 20 16K8 hours. For purposes of overtime pay computation, time worked will be rounded off to the nearest 15 minute interval. 2. Employees Not Eligible for Overtime Pay: Exempt Employees a) Professional, executive and administrative employees are considered "exempt" employees and do not receive overtime pay. Employees in these classifications are required to work such schedules as are necessary to accomplish their assigned responsibilities. b) The majority of these positions will normally require a 40 hour week, but when more hours are required, overtime pay is not applicable. 12. Compensatory Time a) For non-exempt employees, if payment of overtime creates a hardship for the department, compensatory time may be given at the rate of time and one-half with the approval of the County Attorney, or his designee. The County Attorney or designee shall notify the employee before overtime work commences that compensatory time will be provided in lieu of monetary overtime compensation. Accumulated compensatory time will be paid out at the rate of time and one-half to non-exempt employees if unused at the end of the calendar year. The County Attorney may approve exceptions to this provision based on the operational needs of the department and/or nature of the employee's position. Unused compensatory time will be paid out to non-exempt employees upon separation at the rate of time and one-half. b) Because exempt employees do not receive overtime pay, they may be given compensatory leave time with the approval of the County Attorney. Exempt employees are expected to be reasonable in their use of compensatory time and may not demand compensatory time as a matter of right. Assistant County Attorneys and other executive employees may be eligible far compensatory time off, but not on an assured hour for hour basis. Exempt employees may not accumulate nor take more than 40 hours of compensatory time per calendar year. The County Attorney or designee may approve compensatory time for these employees. Exempt employees will not be paid for accumulated compensatory time. Any unused compensatory balances will not be carried forward if not used by the end of the calendar year. c) All compensatory time must be documented on a "Compensatory Time Record". It shall be the responsibility of the employee ta maintain complete compensatory records and to accurately record dates and hours of overtime worked and the date(s) compensatory time is taken. Such information must be provided to the Legal Office Administrator to attach to the payroll time sheet of the pay period in which the overtime was paid or the compensatory time was taken. d) Non-exempt employees may accrue up to 240 hours of compensatory time. Exempt employees may accrue up to 40 hours of compensatory time per calendar year. Collier County - Board of Coullly Commissioners; County Attorney P1l1.ctiul and Procedllnl 21 16KB e) Requests for compensatory time must be submitted in writing on the Request for Leave form with a copy of the "Compensatory Time Record" and must be approved by the immediate supervisor(s) and County Attorney or his designee. t) The County Attorney , or designee, may require an employee to use accrued compensatory time at any time. g) The County Attorney may approve exceptions to the Compensatory Time procedure on a case-by-case basis. 13. Call Back Pay a) Non-exempt employees who are called back to return to work after completion of their regularly scheduled work day but prior to their next regularly scheduled workday will be compensated for two hours or for the actual time worked, whichever is greater. b) If hours worked by a non-exempt employee including call back hours, exceed forty . (40) hours. then all hours in excess of forty (40) hours will be paid at the rate of time and one half. 14. Rest Period a) Employees in non-exempt classifications as specified in the pay plan required to work overtime or on call-out at any time prior to the three-hour period immediately preceding their next regularly scheduled work shift shall be entitled to an eight- hour rest period before reporting to their next regularly scheduled work shift. b) If the eight-hour rest period extends into the employee's next regularly scheduled work shift and the employee does not work, then the employee will receive pay during the work shift at the regular rate until the rest period is satisfied. c) Employees required to report to work before the eight-hour rest period is satisfied will be paid at time and one half for all hours worked during the regularly scheduled work shift until an eight-hour rest period is provided. It is the supervisor's discretion whether to call an employee back to work prior to satisfaction of the rest period. d) If an employee works for a continuous twenty-four hour period, the County will provide a ten-hour rest period, with eight hours paid at regular rate and two hours not paid. 15. On-call Pay a) Non-exempt employees placed on-call after normal duty hours will earn two (2) hours pay at the straight time rate. On-call hours beyond 24 hours will be compensated at one (1) hour of the straight time rate for each 12 hours, plus pay for all hours actually worked. The two hours on-call pay shall apply to weekdays not otherwise scheduled to work, weekends and holidays. Employees on-call are not Collier County - Board a/County Commiuionui; County Allor,", Practicel 4IId Procedul'fIl 22 16KB 4,. subject to the call back provisions for a two-hour minimum mentioned in 14a above. They are paid for the actual time if they are called back in to work. b) Employees on-call are required to have a telephone and/or a beeper supplied by the County. At any time the employee leaves home, he/she must have the supplied beeper on their person and be ready to immediately report to the required work location. The County reserves the right to assign employees to on-call if there are not sufficient qualified volunteers. In the alternative, at the option of management, the County may assign qualified employees to on-call on a rotating basis. c) Employees who are supplied beepers for emergency notice, will receive additional compensation only when they are scheduled for on-call activity or called back to duty. David C. Weigel County Attorney Col/ielr Counly - Boord o/County Commissioners; Counl)/ AlIornlty Pracliclts and Procltdures 23 1~K8 ._~ OFFICE OF THE COUNTY A TIORNEY ADMINISTRATIVE PROCEDURE COA Instruction 5385 Effective Date: February 25, 1999 (Revised: October 1,2001; September 23, 2003) SUBJECT: Recruitment and Selection PURPOSE: The purpose of this Instruction is to provide for the implementation of a Recruitment and Selection procedure authorized by the County Attorney. CONCEPT: It is the practice of the County to attract and retain employees on the basis of their skills. aptitudes. experience. development. performance. potential. and education and training as prescribed in the job description of each job classification. It is the practice of the County to offer equal employment opportunity to all persons without regard to race, creed. color, sex, age, national origin, religion, disability. or marital status. The County Attorney Office is responsible for the coordination of all aspects of the employment process including recruitment, selection, placement, promotion. transfer, recall of employees, and communication with job applicants. A. Personnel Requisition 1. Temporary Help Requisitions 2. a) Temporary assistance may be required for short periods of time to handle workloads during peak periods of high volume, extended absences, or other emergencies. b) Wherever possible. temporary employees will be chosen from a pool of available workers in the Job Bank established by the Human Resources Department. B. . Recruitment 1. Advertisement a) The County Attorney will prepare the appropriate advertisements to reach qualified applicants for vacant positions. b) Position vacancies shall. when appropriate, be advertised in a local newspaper of general circulation. The County Attorney may also give public notice of vacancies through radio. television. the Posting Bulletin or through other appropriate means of advertising necessary to ensure a sufficient pool of qualified applicants. C. Application for Employment 1. Applications/resumes for vacant positions will be accepted by the County Attorney Office during regular business hours. Collier COUnl)l- Board of COUIII)I Commiuion.rs; County A/lorn.y Practius and Proc.durt!s 24 16gJ J 2. All applications for any position vacancy must be made on the County Attorney's standard Application for Employment Form available in the County Attorney's Office. This form must be completed and signed in ink by the applicant. D. Pre-employment Screening It is the County's policy to complete, to the extent practical, all applicable employment tests, pre- employment physical, employment references and related inquiries appropriate to the position prior to communicating any offer of employment to the applicant. 1. Reference Checks References regarding previous employment will be checked by the County Attorney Office on all external applicants who are being considered for a position prior to an employment offer being made. 2. Fraudulent conduct or false statements by an applicant, or employee with the individual's knowledge, in any application or examination may be deemed cause for the exclusion of such application from consideration or for disciplinary action up to and including discharge from County employment after being employed. Applicants or employees coming under any of the foregoing categories of employees who have resigned or been discharged shall be disqualified from further consideration for employment with Collier County. 3. The County Attorney Office may administer various tests designed to measure a candidate's job skills, aptitude, and potential for successful work performance. 4. Physicals a) County Attorney may require an employee at any time during employment with the County to have a physical examination to determine said employee's fitness to continue in ajob classification. This will be at the County's option and expense. b) The mandatory physical shall be performed at the site of the County's designated health provider. When deemed appropriate, the individual may be referred to hislher personal physician and/or an outside specialist in lieu of the physical being performed by the designated health provider. This will be at the County's expense. c) Refusal to take the physical shall be cause for disciplinary action which may include dismissal, demotion, suspension, transfer or reclassification. d) If the employee is found not to be physically and/or medically qualified to perform the duties of said employee's position. and cannot be reasonably accommodated. but is qualified to perform the duties of any other position in the County Attorney Office, the employee may be transferred to another position, if available, or be separated from County Attorney Office service. e) Pre-employment drug testing will be coordinated by the Human Resources Department, in accordance with the Drug-free Workplace Procedure, after a conditional offer of employment is made. E. Veteran's Preference The County Attorney Office will coordinate with the Veteran's Services Department if an applicant desires to claim "Veterans Preference." The application will be stamped "Veteran's Preference" by the Veteran's Services Department who determines qualifications for veteran's preference status. Unless the vacancy is advertised to internal applicants only and filled internally, those applicants who are veterans and meet the minimum experience and training Collier County - Baard of County CtJmmiuionl!n; County Atlornl!Y Praclkl!. find ProcI!duN!. 25 lbKd guidelines required in the job description and/or position profile for eligible positions must be interviewed and given preference; therefore, if the top candidates are equally qualified and one is a veteran entitled to preference, then the veteran will be recommended for hire. F. Selection 1. All selection decisions must be based on valid and job related criteria applied consistently to all applicants. The job description should be utilized for development of an appropriate interview and selection process. 2. Interviews will be coordinated by the County Attorney Office for those applicants most closely meeting the requirements for the position to best meet the needs of the County Attorney Office. 3. The County Attorney Office will screen the applications for minimum requirements and will determine who to interview. 4. All conununication with an applicant regarding their status will be conducted by the County Attorney Office. 5. Once a selection has been made. the County Attorney Office will complete the necessary paperwork to confirm the selection and forward to the Human Resources Department to place the employee in the payroll system. David C. Weigel County Attorney Collier County - Board a/County Commissioners: County Attorney Practices and Procedurrs 26