BOARD OF COUNTY COMMISSIONERS

Transcription

1 BOARD OF COUNTY COMMISSIONERS Revised 2018

2 Table of Contents Scope of Policy Manual 4 Covered Employees Collecive Bargaining Agreements Authority to Establish Procedures 4 Code of Ethics 5 Conflicts of Interest 6 Political Activities Solicitation & Acceptance of Gifts Solicitation at County Work Sites Relatives in County Employment Outside Employment Non-Fraternization Equal Opportunity & Non-Discriminatory Practices 7 Equal Opportunity Policy Statement Veterans' Preference Discrimination Policies: Title VI and Title VII Retaliation Disability Policy Hiring New Employees 8 Pre-placement Medical Screening/Background Checks Loyalty Oath Fingerprinting Return to Employment after Retirement Job Classification & Salary Plan 8 Employee Compensation 9 Employee Pay Work Cycles/Pay Periods Overtime Fair Labor Standards Act (FLSA) Declared Emergencies/Disaster Situations Payroll Deductions Salary Advances Volunteers Shift Differential/Standby Pay

3 Employee Benefits 11 Holidays Retirement Group Benefit Plans 11 Insurance Plans COBRA Deferred Compensation Retiree Health Insurance Coverage Workers' Compensation Education Reimbursement Leave Benefits 112 Annual Leave Accrual Sick Leave Accrual Reinstatement of Sick Leave Sick Leave Incentive Program Sick Leave Pool Payment of Sick Leave when leaving County Conversion of Sick Leave Paid Time Off (PTO) Family Medical Leave Act (FMLA) Administrative Leave Jury Duty & Witness Fees Funeral Leave Military Leave Maternity Leave Leaves of Absence Transfer of Accrual Leave between Agencies Volunteer Leave Employee Travel 15 Employees' Responsibilities in the Workplace 16 Confidentiality (HIPAA) Drug Free Workplace Sexual Harrassment Violence in the Workplace Tobacco Use Search of Employee Property, Possessions or Person Electronic Communications Public Records Employee Safety 19 Safety Program Motor Vehicle Eligibility Employee Rights 19 Due Process Division Directors & Executive Service Employees Non-Interference by Board of County Commissioners

4 SCOPE OF POLICY MANUAL Covered Employees Employees covered by these policies of the Board of County Commissioners include the County Manager, County Attorney, employees under the supervision of the County Manager, and employees under supervision of the County Attorney. Collective Bargaining Agreements Employees whose jobs are included in collective bargaining agreements are subject to policies of the Board of County Commissioners. However, to the extent that any collective bargaining agreement is in conflict with this Employee Handbook Policy Manual, the collective bargaining agreement takes precedence. Authority to Establish Procedures The Board of County Commissioners authorizes the County Manager as Chief Administrative Officer (Polk County Charter Section 3.3, Ordinance 96-01) to establish administrative procedures to implement the policies included in this Employee Handbook Policy Manual. 4 BoCC Employee Handbook Policy Manual

5 CODE OF ETHICS FOR COUNTY OFFICIALS AND EMPLOYEES The Board of County Commissioners establishes ethical conduct as the foundational organization core value and directs the County Manager to set the highest standards of conduct as the expectation of all Polk County employees in the performance of their public duties, in accordance with the following ethics policy guidelines. County officials and employees will: Accept the responsibility that their main mission is that of a steward to the public. Properly administer the affairs of the county with integrity. Promote decisions that only benefit the public interest. Actively promote public confidence in county government. Keep safe all resources and properties of the county. Conduct and perform their duties diligently and promptly attend to the business of the county. Maintain a transparent and positive image to pass constant public scrutiny. Evaluate all decisions so that the best service or product is obtained at minimal cost without sacrificing quality and fiscal responsibility. Inject professionalism and high ethical standards into everyday dealing with the public, employees and other governmental agencies. Effectively and efficiently work with governmental agencies, political subdivisions and other organizations to further the interest of the county. Faithfully comply with all laws and regulations applicable to the county. Appointed officials and employees should not: Engage in outside interests that are not compatible with the impartial and objective performance of their duties. Improperly influence or attempt to influence other officials or employees to take action for their own benefit. Accept anything of value from any source that is offered to influence their action as a public official or employee. BoCC 5

6 CONFLICTS OF INTEREST Political Activities Political activities of county employees are regulated by Florida Statutes, Section Solicitation and Acceptance of Gifts Employees will not accept anything of value, including a gift, loan, reward, promise of future employment, favors, or service pursuant to Florida Statutes Section (2). Solicitation The Board of County Commissioners prohibits the solicitation of county employees at any county work site by either county employees or persons not employed by Polk County. Relatives in County Employment Employment of county employees is governed by the state nepotism law, Florida Statutes Section Outside Employment In compliance with Florida Statutes Section (7), Polk County prohibits a public officer or employee from having a relationship or employment that will create either a continuing or frequently recurring conflict of interest or any relationship or employment that would impede the full and faithful discharge of public duties. Non-Fraternization Policy Polk County has adopted non-fraternization rules which can be found in the procedures section of the Employee Handbook. 6 BoCC Employee Handbook Policy Manual

7 EQUAL OPPORTUNITY & NON-DISCRIMINATORY PRACTICES Equal Opportunity Policy Statement Commissioners to offer employment opportunities to all qualified employees and applicants regardless of race, color, religion, sex, national origin, age, disability, protected veteran status, or any other protected category. There will be no intentional discrimination in violation of the provisions of Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act (ADEA), or the Equal Pay Act (EPA) of 1963, or the Americans with Disabilities Act, or Title II of the Genetic Information Nondiscrimination Act (GINA). Veterans Preference In compliance with Florida Statutes Section (3) & (4), Polk County affords veterans preference in employment, re-employment and retention. Title VI Discrimination in Programs and Services In compliance with Title VI of the Civil Rights Act of 1964, and law, the Board of County Commissioners will not exclude participation in, deny the benefits of, or subject anyone to discrimination on the grounds of race, color, and national origin, under any program or activity, including programs or activities in which the Polk County receives Federal financial assistance. Retaliation It is unlawful and a violation of county policy to retaliate or take reprisal in any way against anyone who has articulated a concern or complaint about discrimination, whether the retaliation is against the individual subjected to the discrimination or against the individual raising the concern. Discrimination Policy Title VII Employment Discrimination In compliance with Title VII of the Civil Rights Act of 1964, and state law, the Board of County Commissioners prohibits employment discrimination on the basis of race, color, religion, sex, age, national origin, political affiliation or belief, marital status or disability. Harassment based on race, color, religion, sex, age, national origin, political affiliation, marital status or disability is against the law and will not be tolerated. Disability Policy Commissioners to ensure non-discrimination on the basis of disability in its employment practices, provision of public services, and access to government facilities. Qualified disabled individuals will be considered to fill vacant county positions. Polk County agrees to take affirmative action in an effort to employ, promote, train, and otherwise reasonably accommodate, when appropriate, disabled persons in county service. BoCC 7

8 HIRING NEW EMPLOYEES Pre-placement Medical Screening and Background Checks Commissioners to: Ensure all applicants selected for employment, including those who have left county employment and returned, complete a pre-placement medical screening and drug test, which is appropriate for the type of work to be performed; and Comply with all applicable federal and state laws in making hiring decisions based on the pre-placement medical screening and drug test results. Loyalty Oath In compliance with Florida Statutes Section (1), the Board of County Commissioners directs that all county employees must sign and adhere to a loyalty oath. In taking this oath, each employee must swear or affirm that they are a citizen/legal resident of the United States and of the State of Florida and as an employee of a recipient of public funds, that they will support the Constitution of the United States and of the State of Florida. Fingerprinting The Board of County Commissioners authorizes that county employees may be subject to fingerprinting as a condition of employment, at the discretion of the County Manager. Return to Polk County Employment after Retirement Rules for returning to work by Florida Retirement System (FRS) retirees are governed by the FRS; however, it is the policy of the Board of County Commissioners for retired employees to be able to return to county employment after one year. Former employees may apply and go through the normal competitive selection process. Retirees will be treated in a like manner as new employees during the on boarding process. JOB CLASSIFICATION AND SALARY PLAN Consistent with Resolution 04-62, the Board of County Commissioners authorizes the County Manager to establish and maintain a job classification and salary plan that is consistent with the total appropriated funds and authorized positions approved by the Board. 8 BoCC Employee Handbook Policy Manual

9 EMPLOYEE COMPENSATION Employee Pay Commissioners that: The County Manager has the full authority to set an individual employee s rate of pay within the overall job classification and salary plan; and Pay increases covering all county employees must be approved by the Board of County Commissioners. Work Cycles/Pay Periods Commissioners that all employees be paid on a bi-weekly basis and that work cycles for employees consist of 40 hours in a 7-day period for regular employees or 106 hours in a 14-day period for Fire Rescue 56-hour personnel, and 20 hours for part-time regular employees. Overtime Commissioners that employees be paid overtime at a rate of 1.5 times their hourly rate, in compliance with all applicable laws. Fair Labor Standards Act (FLSA) Commissioners that each job classification be designated as either exempt or non-exempt with regard to payment of overtime in compliance with the Fair Labor Standards Act. Declared Emergencies and Other Emergency or Disaster Situations The Board of County Commissioners authorizes the County Manager to implement uniform procedures on the payment and tracking of wages during an impending or declared disaster and or disaster recovery period in order to ensure fair and equitable compensation for Polk County employees and to facilitate possible reimbursement of overtime expenses. Payroll Deductions Commissioners that all wages paid by the county are subject to Federal Income Tax, Social Security contributions, Federal Insurance Contributions Act (FICA), the Florida Retirement System contributions, and other mandatory deductions if applicable. Salary Advances Commissioners to prohibit salary advances. BoCC 9

10 EMPLOYEE COMPENSATION Volunteers Commissioners to authorize the use of volunteers and to provide Workers Compensation coverage. Shift Differential and Standby The Board of County Commissioners authorizes the County Manager to establish procedures to compensate employees for shift differential and standby pay. 10 BoCC Employee Handbook Policy Manual

11 EMPLOYEE BENEFITS Holidays Commissioners to provide the following 10 holidays annually and authorize payment of holiday pay to regular full-time and regular part-time employees: New Year s Day Martin Luther King Day Memorial Day Independence Day Labor Day Veterans Day Two days at Thanksgiving Two days at Christmas Retirement In accordance with state law, all regular full-time and regular part-time employees of Polk County are covered by the Florida Retirement System under the rules and regulations established by the State of Florida. Group Benefit Plans Insurance Plans The Board of County Commissioners provides and participates in funding various insurance plans for eligible Polk County employees to include health, prescription drug, managed behavioral health, basic term life, and basic long-term disability. The Board of County Commissioners authorizes the County Manager to offer various optional group benefits that employees may select and pay for at their own expense. COBRA In accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA), those leaving county employment will have the COBRA option to continue health insurance coverage. Deferred Compensation Plan The Board of County Commissioners authorizes offering employees a deferred compensation plan, consistent with Section 457 (b) of the Internal Revenue Code, to employees with plan contributions funded solely by employees. Retiree Health Insurance Coverage The Board of County Commissioners provides retirees from county employment with the opportunity to continue health insurance coverage, per Ordinance and Workers Compensation Commissioners to cover employees with Workers Compensation Insurance from the first day of employment and to comply with all relevant Federal and State laws in the administration of Workers Compensation and payment of Workers Compensation benefits. Education Reimbursement Program The Board of County Commissioners authorizes the County Manager to establish procedures to provide financial assistance to regular full-time and regular part-time employees for courses that are taken at accredited schools and that are applicable to the employee s current duties per Florida Statute Section BoCC 11

12 LEAVE BENEFITS Annual Leave Accrual The Board of County Commissioners authorizes the accrual of annual leave to regular full-time employees, not currently on a leave of absence, based on the following schedule: 40-Hour Employees Service Time Bi-Weekly Annually From the first pay period through the 5th year 3.70 hours 12 days anniversary From 6th - 10th year 4.62 hours 15 days From 11th - 15th year 5.54 hours 18 days From 16th - 20th year 6.46 hours 21 days After 20th anniversary 7.71 hours 25 days 56-hour Employees Service Time Bi-Weekly Annually From the first pay period through the 5th year 5.17 hours hours anniversary From 6th - 10th year 6.47 hours hours From 11th - 15th year 7.76 hours hours From 16th - 20th year 9.06 hours hours After 20th anniversary hours hours Regular full-time employees may carry forward a maximum of 240 annual leave hours, 336 hours for 56-hour employees, and 120 hours for part-time regular employees from one payroll year to the next payroll year. Regular full-time employees leaving county employment will be compensated to a maximum of 240 accrued hours based on the employee s hourly rate; 56-hour employees will be compensated to the maximum 336 hours, and part-time employees to 120 hours. In the event of the death of an active employee, the survivors will be paid the total hours of accrued annual leave. Regular part-time employees working at least 20 hours per week will accrue annual leave benefits at one-half of those accrued by regular full-time employees. 12 BoCC Employee Handbook Policy Manual

13 Cash Compensation for Annual Leave The Board of County Commissioners authorizes the County Manager to establish procedures for: An employee to request cash compensation of 40 hours (56 for Fire Rescue employees) from accrued annual leave once during any year based on the availability of funds; and Increasing cash compensation from annual leave for employees who experience property damage and other emergencies due to declared disasters. Sick Leave Accrual The Board of County Commissioners authorizes the accrual of sick leave to regular full-time and part-time employees, not currently on a leave of absence, based on the following schedule: Sick Leave Accrual 40-hour Employee 56-hour Employee >20-hour Employee 3.70 hours bi-weekly 5.17 hours bi-weekly 1.85 hours bi-weekly Reinstatement of Sick Leave Commissioners to reinstate sick leave not previously paid after layoff or extended military leave. Sick Leave Incentive Program The Board of County Commissioners authorizes the County Manager to, at his or her discretion, reward regular employees who have used no sick leave during the full payroll year to be credited with: Eight hours (full-time regular), 12 hours (56-hour regular) or four hours (part-time) annual leave to be used the following year. Sick Leave Pool The Board of County Commissioners authorizes the County Manager to establish procedures for a sick leave pool to benefit eligible employees who have used all available leave. Payment of Sick Leave upon Leaving County Employment Commissioners to issue payment for unused sick leave based on 50 percent of accrued leave to employees hired prior to October 1, There is no payment for sick leave for employees hired after September 30, A maximum of 800 hours will be paid to those employees hired prior to January 1, 1987 and a maximum of 400 hours will be paid to employees hired between January 1, 1987 and September 30, Conversion of Sick Leave The Board of County Commissioners authorizes the County Manager to establish procedures to convert accrued annual leave to sick leave at the end of the payroll year. Paid Time Off (PTO) Commissioners to authorize PTO through the use of accrued sick leave in an amount not to exceed: 24 hours 40-hour Regular Full-time 72 hours 56-hour Full-time 12 hours Part-time Regluar Family Medical Leave Act (FMLA) Commissioners to extend benefits under the Family Medical Leave Act of 1993 (FMLA) to qualified employees. BoCC 13

14 Administrative Leave The Board of County Commissioners authorizes the use of administrative leave at the discretion of the County Manager. Jury Duty and Witness Fees Commissioners to grant leave with pay to any employee who is called for jury duty, or is summoned to appear as a witness on behalf of any town, city, county, state, or federal government. Funeral Leave Commissioners to grant funeral leave to a maximum of : 24 hours 40-hour Regular Full-time 33.6 hours 56-hour Full-time 12 hours Part-time Regluar Military Leave Under the authority of Florida Statutes Section , employees who are members of reserve or National Guard units are eligible to receive paid leave not to exceed 240 hours per calendar year in order to attend active or inactive duty training. Commissioners that any employee who leaves county employment to serve in the Armed Forces of the United States and is discharged with an honorable discharge shall be re-employed to the same or an equivalent position, provided the employee returns to the position within one year of the date of discharge, with no reduction of compensation, benefits, or seniority. Maternity Leave Commissioners to treat maternity leave the same as other disability leaves of absence for non-work related illnesses or injuries. Leaves of Absence The Board of County Commissioners authorizes the County Manager to establish procedures for leaves of absence. Transfer of Accrual Leave between Agencies Commissioners to accept all accrued sick, vacation and PTO leave, if not paid out, from the following Polk County agencies: Clerk of Courts, Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections, and School Board. Up to 240 hours of accrued unpaid sick leave, with no break in service, will be accepted from other Florida state, county, and city agencies. Volunteer Leave Commissioners to grant employees up to 36 hours per payroll year to participate in volunteer services to local schools. 14 BoCC Employee Handbook Policy Manual

15 EMPLOYEE TRAVEL The Board of County Commissioners authorizes reimbursement for official mileage incurred by an employee operating his/her personal vehicle for both in-county and out-of-county travel on official business as authorized by Florida Statutes Section Authorized mileage will be reimbursed at the standard IRS mileage rate. BoCC 15

16 EMPLOYEES' RESPONSIBILITIES IN THE WORKPLACE Confidentiality Policy (HIPAA) Commissioners to adhere to the confidentiality standards pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Drug Free Workplace Policy Polk County complies with Florida Statutes Section , the Florida Drug-Free Workplace Act. The County Manager is authorized to establish testing protocols and implement random drug testing of certain employees in compliance with applicable laws. 16 BoCC Employee Handbook Policy Manual

17 Sexual Harassment Policy Sexual harassment is another form of discrimination prohibited by Title VII of the Civil Rights Act of 1964 as well as Florida Statutes Section and is prohibited by Polk County. Violence in the Workplace Policy Commissioners to not tolerate any form of violence in the workplace and directs the County Manager to establish workplace procedures to facilitate the immediate reporting of violence or threats of violence. Tobacco Policy Polk County is a smoke free workplace in compliance with Florida Statutes Chapter 386, the Florida Clean Indoor Air Act of All Polk County government and grounds are smoke free. This policy is in effect during all hours and will apply to all county employees, customers, vendors, contractors and all other visitors must comply with the following: The use of all tobacco products (both lighted and smokeless) will be prohibited in any work place or public area within county-owned or leased office buildings or facilities; The use of lighted tobacco will be allowed only at designated smoking areas located outside Polk County office buildings or facilities; Designated smoking areas will be posted pursuant to Florida Statutes Section ; Smoking in common facilities such as restrooms and drinking fountains is not permitted and is in violation of state law; and Smoking or use of smokeless tobacco, in county-owned and leased cab vehicles will be prohibited. Search of Employee Property, Possessions, or Person Polk County retains the right, under appropriate circumstances, and the Board of County Commissioners authorizes the County Manager to establish procedures to conduct searches of employee property or county property utilized by or assigned to employees where the county has reasonable suspicion to believe that: An employee is in possession of an unlawful substance on county premises; An employee has engaged in an unlawful act; or An employee has engaged in an act in violation of county policies; and The unlawful substance or evidence of such unlawful act or violation of county policy is contained within employee property on county premises or within county property. BoCC 17

18 Electronic Communications Privacy Policy Commissioners that all electronic communications are considered part of the county s public records. The Board of County Commissioners authorizes the County Manager at his or her discretion to monitor all cellular phones, county-issued or private, when used for county business, which may include, but is not limited to, identifying and analyzing telephone numbers, time and length of both incoming and outgoing calls, internet sites visited, content, text messaging, photo and video capturing. Cell/Smart Phone Allowances The Board of County Commissioners authorizes the County Manager to develop procedures to implement stipends for personal cell/smart phone devices, which are used to conduct county business. Public Records Commissioners to comply with open government and public records laws pursuant to Florida Statutes Chapter 119 and Florida Statutes Chapter BoCC Employee Handbook Policy Manual

19 EMPLOYEE SAFETY Safety Program Commissioners for the County Manager to use Occupational Safety and Health Administration (OSHA) standards as the basis for a safety program to ensure all Polk County employees perform their jobs in a safe environment. Motor Vehicle Eligibility Commissioners that all employees who operate vehicles for county business must be 18 years of age or older, must maintain a valid driver license appropriate for the type of vehicle driven, and must comply with the Florida Financial Responsibility laws if they use their personal vehicle for county business. EMPLOYEE RIGHTS Due Process Commissioners that employee disciplinary procedures and grievance procedures ensure due process and are in compliance with all policies in the Employee Handbook Policy Manual and applicable law. Division Directors and Executive Service Employees Executive service employees serve at the pleasure of the County Manager, who shall have the right to discharge any division director or executive service employee, with or without cause. (Polk County Charter - Section 4.2). Non-Interference by Board of County Commissioners As outlined in the Polk County Charter (Section 3.4): Except for the purpose of inquiry and information, members of the Board (of County Commissioners) are expressly prohibited from interfering with the performance of the duties of any employee of the county government who is under the direct or indirect supervision of the County Manager. Such action shall be malfeasance within the meaning of Article IV, Section 7(a) of the Florida Constitution. BoCC 19

20 Board of County Commissioners 330 W. Church Street Bartow, FL www. polk-county.net