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Ordinance 2001-050~O~ ORDINANCE NO. 2001-. 50 N ORDINANCE AMENDING ORDINANCE NO. 96-40, ALSO NOWN AS THE "COLLIER COUNTY PERSONNEL RDINANCE", BY ADDING PERSONNEL POLICIES ON THE AMERICANS WITH DISABILITIES ACT, PERSONNEL RESPONSIBILITIES DURING EMERGENCIES, EMERGENCY AND DISASTER PAY, FAMILY MEDICAL LEAVE, FLEXIBLE WORKPLACE, FIRE AND BOMB THREAT EVACUATION PLAN, JURY DUTY, VACATION SELL BACK OPTION, WORKPLACE VIOLENCE PREVENTION, AND NO HARASSMENT; BY MODIFYING THE PERSONNEL POLICIES ON COMPENSATION ADMINISTRATION, ANTI- FRATERNIZATION, AND CODE OF ETHICS; CORRECTING TYPOGRAPHICAL ERRORS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (hereinafter also ref~ t~las the "Board") desires to provide high quality service for the citizens of ColliEr Coutit~, '~Tt Florida; and ~'~ ~- ~ ~l--~ WHEREAS, the Board of County Commissioners hereby seeks to ~li~a :~ framework for the creation of personnel policies which are legal and equitable ~ which will attract and retain capable employees as well as maintain the highest principles of professionalism. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION 1. TITLE. This Ordinance shall be known as the "Collier County Personnel Ordinance." SECTION 2. FINDINGS. A. The Board of County Commissioners of Collier County hereby finds that the competent, professional and efficient administration of county government and, specifically, matters of human resources, requires the passage of this Ordinance. The Board further finds that it is in the public interest to separate the functions of the establishment of human resources policies and the administration of said policies between the Board and the County Administrator, respectively. This approach is hereby found to promote the Board's legitimate policymaking function while at the same time avoiding excessive bureaucratic review by allowing the County's professional administrator and his staff to manage human resources through appropriate rules, practices and procedures. B. Pursuant to Collier County Ordinance No. 93-72, as amended, the Board hereby finds that the administration of personnel policies with regard to the Office of the County Attorney shall be within the exclusive province of the County Attorney. C. Notwithstanding anything to the contrary in Collier County Ordinance No. 93-72, as amended, the Board hereby finds that the administration of personnel policies by the County Administrator shall hereby include, but not be limited to, the power of the Coant.y Administrator to: create and approve position classifications and pay plans for all positions in County service; to create and approve the procedures to suspend, discharge or remove any employee under the jurisdiction of the Board and to otherwise administer the personnel policies established by the Board. SECTION3. AUTHORITY, PURPOSE AND PERSONNEL POLIC~F.~£Y GOALS A. Authority. This Ordinance is enacted pursuant to the power to carry on county government granted to the Board of County Commissioners by Chapter 125, Florida Statutes. B. Purpose. It is the purpose of this Ordinance to establish that it is exclusively the Board of County Commissioners that has the authority to establish personnel policies. It shall be the exclusive authority of the County Administrator and/or his staff (with the exception of personnel administration relating to the Office of the County Attorney) to implement the Board's policies and to create any necessary rules, practices and procedures for the administration of the Board's policies. The County Administrator is hereby further authorized to assemble the personnel policies and procedures in a compilation to be known as the Collier County Human Resources Practices and Procedures Manual. The policies in said manual shall be changed only upon majority vote of the full Board of County Commissioners. Changes to any rules, practices or procedures implementing the Board's policies may be made by the County Administrator without the necessity of Board approval. C. Polici~a~t Goals. Collier County personnel policies shall adhere to the following goals: 1. No discrimination shall be permitted because of political affiliation, race, religion, national origin, physical disability, age or sex, except where age, sex or physical disability are a bona fide occupational qualification. 2. Working conditions, benefits and salaries shall be equitable and will attract and retain capable employees. 3. Recruitment, selection, and advancement of employees shall be based on relative ability, knowledge, skill and past performance. 4. Employees shall be trained to assure high quality performance and encouraged to attain the highest level of professionalism. 5. Employees shall be protected against coercion for partisan political activities and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office. 6. A procedure shall be established for the presentation and adjustment of employee complaints based on alleged inequitable treatment resulting from conditions of their employment or based on alleged discrimination, provided that the alleged discrimination otherwise violates applicable Federal or State law; and provided further that nothing herein is intended to create an expectation of continued employment or a property right in employment. SECTION 4. SCOPE AND APPLICATION This Ordinance shall apply to all employees of the Board of County Commissioners of Collier County, Florida. This Ordinance shall not apply to the following categories of persons: Board's policies, in Procedures Manual. conform to the Commissioners. A. The members of the Board of County Commissioners, other elected officials, and persons appointed to fill positions under the jurisdiction of such other elected officials, unless or until said elected officials voluntarily agree to operate under the provisions of this Ordinance; ' B. Members of appointed or elected Boards and any members of any County created authority; C. Persons employed to conduct a temporary or special inquiry, investigation, examination, service, or project on behalf of the Board of County Commissioners, or a committee thereof; D. Volunteer personnel who receive no regular compensation from Collier County, Florida; E. Persons performing work under contract for Collier County, who are not carded on the payroll as employees. SECTION 5. PERSONNEL POLICY CREATION AND ADMINISTRATION A. The Board of County Commissioners shall have the exclusive authority to approve personnel policies by majority vote of the full Board. The majority vote of the full Board shall also be required to amend or otherwise change personnel policies. The existing and current personnel policies contained in Exhibit "A" attached hereto and found in the Collier County Human Resources Practices and Procedures Manual, are hereby ratified and approved. B. The County Administrator and/or his staff (with the exception of personnel administration relating to the Office of the County Attorney) shall have the exclusive authority for implementing Board personnel policies by creating and setting personnel rules, practices and procedures for administration of the Board's policies. Said rules, practices and procedures shall be compiled, along with the the Collier County Human Resources Practices and All rules, practices, procedures and administration shall personnel policies established by the Board of County SECTION 6. SUPERSEDING AND REPEAL OF ORDINANCE NO. 83-7 Collier County Ordinance No. 83-7, which provided for Collier County Personnel Rules and Administration, is hereby superseded in its entirety and repealed as of the effective date of this Ordinance. SECTION 7. INCLUSION IN THE CODE OF LAWS AND ORDINAiNCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION 8. CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the move restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this / I ?day of ~dV~:L~ ~t_~ ~ W. . A.TTEST ,, · t' 'i~Dwight'E. Bfdc~'C.LERK Approved as to fo~ and legal sufficiency: Michael W. Pettit Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Jame~i, Ph.D., CHAIRM~N This ordinance filed with the Secretary of S~te's Office the /~ay o f ~)~--~--, and acknowledgement of that fi ling~rece~Jved this ~?~g, day of ~. ~' .,..~r=./,~. _ Exhibit "A" COLLIER COUNTY PERSONNEL POLICIES COLLIER COUNTY PERSONNEL POLICIES ADMINISTRATIVE It is the policy of the County to develop and utilize Personal Rules and Regulations to ensure uniform understanding and application of County Human Resource policies and procedures, identify authority and responsibility for such policies and practices while providing a working guide for new and existing supervisory and management personnel. These shall be referred to as the Collier County Human Resources Practices and Procedures Manual. AIDS/CATASTROPHIC ILLNESS IN THE WORKPLACE It is the policy of the Collier County Government to maintain a safe and healthful work environment for its employees. It is recognized that many employees with life- threatening illnesses desire to lead normal lives, which includes working as long as their health permits. AMERICANS WITH DISABILITIES ACT (ADA) It is the policy of the County to comply with the provisions of the Americans witlt Disabilities Act (ADA) of 1990. ANTI-FRATERNIZATION It is the policy of the County to prohibit romantic associations of employees to the extent that one of the employees serves in a managerial and/or supervisory capacity in relation to the other employee. This policy applies where one employee has responsibility for the other employee's job evaluation, work assignments and/or for responsibility for or recommendation of personnel action with regard to that employee. This policy is implemented to avoid: (1) actual or perceived conflicts of interest based on personal relationships; (2) actual or perceived sexual favoritism in the workplace; and {3) the potential likelihood of sexual harassment in the workplace. APPEARANCE AND PERSONAL HYGIENE It is the policy of the County to require employees to dress in clothing appropriate for their positions. Such clothing is to be clean and neat. Further, employees shall engage in personal hygiene habits that ensure an atmosphere that is inoffensive to co-workers and customers. BUSINESS TRAVEL It is the policy of the County tO encourage business travel by paying applicable expenses when the travel is necessary or beneficial to the County, and the expenses are incurred in the pursuit of County business. CESSATION OF NORMAL GOVERNMENT ACTIVITIES AND PERSONNEL ROLES AND RESPONSIBILITIES DURINC EMERGENCIES It is the policy of the County to provide the establishment of roles and responsibilities fa. all agencies under the Board of County Commissioners in the event of the cessation of normal government activities during emergencies. CLASSIFICATION PLAN It is the policy of the County to establish and utilize a position Classification 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 based upon the similarity of work and duties performed. CODE OF ETHICS It is the policy of the County to ensure that all employees conduct their employment duties in a manner which is free from any conflicts of interest. Additionally, the standards of conduct as outlined by the Florida Commission on Ethics~ and the !99! c:,~;~.o :~ ~ ......... ^"~ Chapter 112, Fla. Stat., Part III and, as may be applicable, County Ordinance No. 99-22, as amended, shall be a guidelines for County employees. 2 COMMITMENT TO FAIR TREATMENT FOR REGULAR FULL TIME AND PART-TIME EMPLOYEES BELOW THE LEVEL OF SECTION HEAD The County has established a Corhmitment to Fair Treatment policy and procedure to provide a vehicle for employees to solve problems or resolve disputes which may arise regarding the application, meaning or interpretation of the County's Human Resources Practices and Procedures. The Commitment to Fair Treatment procedure does not apply to probationary employees, temporary employees nor employee performance appraisal ratings. The County understands when people work together, disagreements are likely to occur. The County is committed to providing fair treatment to all employees and will ensure each concern is handled in an efficient and equitable manner. It is the intent and desire of the County to adjust complaints informally. Both supervisors and employees are expected to make every effort to resolve problems as they arise. It is the responsibility of all involved parties to accept the final decision in this process. COMPENSATION ADMINISTRATION It is the policy of the 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 local laws pertaining to compensation. This system shall be utilized to contribute to an environment conductive to employee motivation~ an~ productivity and ensure that public employees are compensated for work performed consistent with the County's policies on paid an~l unpaid leave. DISCIPLINE It is the policy of the County to implement a policy of positive progressive discipline. The County believes employees are the most vital resource of County Government. Therefore, supervisors must take positive corrective action whenever practical. The disciplinary procedures apply only to all regular full-time and part-time employees below the level of Section Heads, Department Directors, Division Administrators, and all supervisory employees directly reporting to the Board of County Commissioners, County Attorney, and County Manager are "exempt" from the disciplinary policy, serve at the will of the County, and may be discharged for any reason. All contractual employees of the County are exempt from the disciplinary policy. 3 DRUG FREE WORKPLACE It is the Board of Collier County Commissioners' policy to prohibit the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the workplace. This policy is 'consistent with Section 112.0455, Florida Statutes. Additionally, it is the Board of County Commissioners' policy to comply with the Omnibus Transportation Employee Testing Act of 1991. DUAL EMPLOYMENT It is the policy of the County that the employee's primary employment responsibility is with the County. EMERGENCY/DISASTER PAY It is the policy of the County to provide for the implementation and administration of a procedure to provide compensation for employees that are required to work during Emergencies and/or Disasters. This compensation may or may not be supplemented by any federal and/or state provisions relating to these events. EMPLOYEE ADVISORY COMMITTEE It is the policy of the County to have an Employee Advisory Committee whose purpose is to advise the County Manager on matters concerning employee related issues. The composition, selectedion criteria, term of service, and responsibilities of the Employee Advisory Committee shall attempt to maximize representation of all County Manager Agency operations and foster harmonious employee relations. EMPLOYEE ASSISTANCE PROGRAM It is the policy of the County to consider the relationship between employees' personal concerns and work productivity. 4 EMPLOYMENT OF RELATIVES It is the policy of the County to select the best qualified candidates for employment, promotion or transfer. This policy relates to employment situations involving members of the immediate family. It will 'not provide for special consideration for family members and will not include placement of family members or co-habitators in supervisory or fiduciary relationships. EMPLOYMENT REFERENCES It is the policy of the County to provide employment references for purposes such as securing future employment, obtaining a mortgage, etc. EQUAL EMPLOYMENT OPPORTUNITY It is the policy of Collier County to ensure that all Human Resources policies and practices are administered without regard to race, color, religion, sex, age, national origin, physical or mental handicap, or marital status. FAMILY MEDICAL LEAVE It is the policy of the County to comply with the provisions of the Family Medical Leave Act of 1993. FIRE AND BOMB THREAT EVACUATION P1,AN It is the policy of the County to provide procedures for the evacuation and general safety of customers, employees and the judiciary in the event of a fire and/or bomb threat FLEXIBLE WORKPLACE It is the policy of the County to provide for the establishment of a flexible workplace in a manner that will support the needs of the County and its citizens INSPECTION OF PERSONNEL RECORDS It is the policy of the County that personnel records of Collier County employees shall be open to inspection, pursuant to the requirements set forth in Florida Statutes. INTERVIEW EXPENSES It is the policy of the County to recognize that reimbursement for interview expenses may be necessary to successfully recruit highly skilled professional, supervisory and technical staff from beyond the local geographic area. ,JOB STATUS It is the policy of the County to utilize their human resources in a manner that best meets the service demands of the County through the effective hiring of regular full-time, regular part-time, temporary full-time and temporary part-time employees. ,JURYDUTY It is the policy of the County, consistent with applicable state and federal law, to provido. an atmosphere that encourages employees to fulfill their civic responsibilities by serving jury duty when required. LABOR AGREEMENTS It is the policy of the County that, unless otherwise provided by contract, the Human Resources Practices and Procedures shall not apply to employees covered by union contracts or represented for collective bargaining by a certified bargaining representative. In the event they are made applicable to such union employees by contract, then they shall apply only to the extent outlined in the appropriate contractual agreement. The labor agreement shall be the governing factor in all cases even though the rights or benefits may be greater or lesser than provided for in the Human Resources Practices and Procedures Manual. 6 LIGHT DUTY It is the policy of the County to make light duty assignments whenever possible to utilize those employees who have become physically unable to fully perform their regular duties as a result of a disability. Employees who sustain a disability may be eligible for a light duty assignment based on the extent and duration of their injury, available appropriate work, and/or other relevant factors. Consideration of such assignment will include what is in the best interest of both the employee and the County. NO HARASSMENT It is the policy of the County to prohibit harassment based upon race, religion, national origin, age or disability in the workplace. Like sexual harassment, such harassment unlawful, distracts employees from legitimate job functions and serves no useful purpose: in the workplace. PAID LEAVES OF ABSENCE It is the policy of the County to provide a system for paid leaves of absence for such uses as vacation, medical/health needs, holidays, funerals, or other approved uses. PERFORMANCE APPRAISAl, It is the policy of Collier County Government to provide a system for regular assessment and communication with employees regarding their job performances. PERSONAL PROPERTY LOSS It is the policy of the County to encourage the responsible use of personal and County property when conducting County business. POLITICAL ACTIVITY It is the policy of the County to permit County employees to seek elective office without resigning from their current position. 7 Any County employee who wishes to accept appointment or seek election to any elective office in County Government should understand that his/her candidacy will not affect their employment. No County employee shall take p.art in political campaigns or other political activities during working hours. PROBATIONARY PERIODS It is the policy of the County to provide a probationary period to be utilized to observe the employee's' work, to ensure the most effective adjustment of new, promoted, transferred, or demoted employees to their positions and to determine whether the employee meets the required work standards. Individuals who complete their probationary period shall receive all benefits as provided by the County. Employees who have their probationary periods extended will receive benefits upon completion of the extended period. RECRUITMENT AND SELECTION It is the policy 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 class specification for each job classification. It is the policy 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 Human Resources Department 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. RELOCATION EXPENSES It is the policy of the County to recognize that allowances for relocation may be necessary to recruit skilled professional, supervisory, and technical staff. The County will provide direct payment to contractors and/or reimburse eligible employees for legitimate expenses incurred in relocation in the manner set forth in the Human Resources Practices and Procedures Manual. 8 SAFETY It is the policy of the County to achieve the greatest practical degree of freedom from accidents and that all employees are provided safe and healthy working conditions. Safe practices, habits and thinking are the principal objectives of a good safety program. The implementation of the County's Loss Control Program within each department will work to meet these objectives. SEPARATIONS 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. The Human Resources Department must be notified in advance of all separations. SEXUAL HARASSMENT It is the policy of the County to prohibit sexual harassment in the workplace. Activities of this nature are unlawful, distract employees from legitimate job functions and serve no useful purpose within the workplace. Therefore, sexual advances, requests for sexual favors or verbal or physical conduct that has sexual connotations will not be tolerated. SOLICITATION It is the policy of the County to discourage solicitation in any form during normal working hours. STANDARDS OF CONDUCT It is the policy of the County to provide certain Standards of Conduct in order to establish guidelines for successful employment and uniform guidelines for discipline. These standards have been established in the interest of providing the highest levels of professional service to the public. 9 TRAINING AND EDUCATION It is the policy of the County to encourage employees to pursue training and educational opportunities which will improve the competency level of employees and benefit the County. . UNIFORMS It is the policy of the County to provide uniforms for those departmental employees required to wear a designated uniform which meets the safety guidelines of the County. UNPAID LEAVES OF ABSENCE It is the policy of the County to define the policy and procedure regarding unpaid family leave and medical leave benefits required by the Family and Medical Leave Act of 1993 and other unpaid leaves of absence from work. VACATION SELL BACK OPTION It is the policy of the County to provide a program in which employees have the opportunity to sell back designated amounts of unused vacation at specified time(s) during the year. The County feels that it is very important that employees take vacation throughout the year and this policy will also ensure that employees retain a designated amount of vacation for that purpose. WORKERS' COMPENSATION BENEFITS It is the policy of the County to assist each employee who sustains an injury which is caused by or arises directly as a result of employment with the County to receive all benefits provided by the Florida's Workers' Compensation Act, other applicable Florida Statutes and County policies. Any changes to the applicable Florida Statutes will supersede this policy. WORK HOURS It is the policy of the County to establish work hours that are conductive to the effective conduct of County business. 10 WORK RELATED IN.JURIES It is the policy of the County that the County and its employees be protected whenever a work related accident occurs. Therefore, all Department Directors and supervisors must submit a Notice of Injury Report (DWC-I) form to the Risk Management Department whenever a work related injury occurs involving a County employee whether or not medical attention is needed. WORKPLACE VIOLENCE PREVENTION It is the policy of the County to prohibit workplace violence and to maintain a safe work environment. 11 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2001-50 Which was adopted by the Board of County Commissioners on the llth day of September,2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of September, 2001. DWIGHT E. BROCK Clerk of Courts Ex-officio to B6a~d County Commissi~hers Deputy Clerk,,.