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HomeMy WebLinkAbout02-221RESOLUTION NO. 02-221 A RESOLUTION AMENDING RESOLUTION NO. 86-173, AS AMENDED, BY AMENDING THE EMPLOYEE HANDBOOK FOR EMPLOYEES OF ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: By Resolution No. 86-173, adopted September 16, 1986, and subsequently amended, the Board of County Commissioners adopted the Employee Handbook for employees of St. Lucie County in order to update personnel policies to reflect changes in the federal and state law and provide each employee with essential information regarding personnel policies and benefits. It is necessary to further amend Resolution No. 86-173 to incorporate changes as per attached. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follo~vs: Resolution No. 86-173 is hereby amended to incorporate the amendments to the Employee Handbook. 2. This resolution shall be effective as of Oct. 1, 2002. After motion and second, the vote on this resolution and notice of election was as follows: Chairman Douglas Coward Vice Chairman CliffBarnes Commissioner Frannie Hutchinson Commissioner Paula A. Lewis Commissioner John D. Bruhn AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 10* day of Sept. 2002 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: Dep~ By: ~hairman APPROVED AS TO FORM AND CORRECTNESS: Assistant ~'ounty Attorney Illl , Lucie County ST. LUCIE COUNTY EMPLOYEE HANDBOOK Introduction Intent It shall be the intent of the Board of County Commissioners that: 1. The employees of St, Lucie County be productive individuals who perform useful service. 2. There shall be no employee on the County payroll for whom there is no employment need. 3. All directors, managers, and employees shall comply with and assist in carrying out the personnel policies, regulations, and procedures. COUNTY SERVICE OPPORTUNITY It is the policy of the Board of County Commissioners that the County will offer employees the following: Career opportunities removed from job insecurity due to favoritism, family or discrimination due to race, ethnic origin, disability, color, sex, age, or religion. Career opportunity based on qualifications and job performance and removed from favoritism, or discrimination due to race, color, ethnic origin, disability, sex, age, or religion Career opportunity for promotions from among County employees to fill vacant positions provided employees meet the required education, skills, knowledge, and abilities of the vacant position. SCOPE The personnel policies, regulations and procedures, as adopted, shall apply to all employees falling under the jurisdiction of the Board of County Commissioners. Each department may have a policy manual detailing operational procedures for the department. To the extent that any such procedural manual is in conflict with this Employee Handbook, this handbook will prevail. WELCOME TO ST. LUCIE COUNTY As an employee of St. Lucie County, you are engaged directly or indirectly in dealing with the public and conducting public business. You are St. Lucie County and it is imperative that we work together in a spirit of friendliness and cooperation in providing the kind of services for which you and the Board of County Commissioners can be proud. Employees are our most important assets. Our personnel policies are aimed at fair and considerate treatment, good working conditions, a friendly environment, job satisfaction, and recognition of work well done. Each of us is responsible for our part of the operation and overall success of the County, and is accountable for our individual decisions, actions, and performance. We know involvement, participation, and teamwork result in the best solutions, methods and achievements. We all must be flexible in order to meet the future needs of our jobs in serving the public. Your ability to progress and benefit financially is dependent on your performance as provided in accordance with your job description. I believe your future with St. Lucie County has many opportunities in a variety of professional and nonprofessional positions. I encourage you to develop all your skills but specifically, those in your chosen field of employment which will enable you to achieve more self- satisfaction from your work while at the same time give you more and better opportunity for self- advancement and gain public employee service recognition for County govemment. Douglas M. Anderson County Administrator Rev. 08.02 Section 1 iii TABLE OF CONTENTS INTRODUCTION INTENT COUNTY SERVICE OPPORTUNITY WELCOME TO.ST. LUClE COUNTY Section 1-Your Employment 1.00 ORIENTATION 1.01 YOU AND YOUR SUPERVISOR 1.02 EVALUATION PERIOD 1.03 JOB PERFORMANCE AND EVALUATION 1.04 COMPENSATION 1.05 FILLING VACANCIES 1.05.01 POSITION CONTROL 1.05.02 PROMOTIONS Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 1.05.03 TRANSFERS Section 1 Section 2 Section 3 1.05.04 TEMPORARY ASSIGNMENTS Section 1 Section 2 Section 3 1.05.05 ESTABLISHING NEW POSITIONS 1.05.06 VETERANS PREFERENCE 1.06 FAMILY EMPLOYMENT RESTRICTIONS 1.07 PERSONAL APPEARANCE AND DEMEANOR 1.08 NO SMOKING 1.09 PROBLEM SOLVING PROCEDURE 1.10 PAYCHECKS 1.11 EMPLOYEE RECORDS Rev. 08.02 Section 1 - iv SECTION 2 - EMPLOYMENT STATUS 2.00 REGULAR EMPLOYMENT -- FULL AND PAR~' TIME 2.00.01 - Temporary Employment 2.01 HOURS OF WORK 2.01.01 - Non-Exempt Employees 2.01.02 - Exempt Employees 2.01.03 - Emergency Wage and Hour Procedures 2.02 STAFF REDUCTION 2.02.01 - Recall after Lay-Off 2.02.02 - Resignation of Employment SECTION 3 .YOUR BENEFITS 3.00 HEALTH AND LIFE INSURANCE 3.01 RETIREMENT 3.02 DISABILITY INSURANCE 3.03 EMPLOYEE ASSISTANCE PROGRAM 3.04 EMPLOYEE SUGGESTION PROGRAM 3.04.01 - EMPLOYEES OF THE YEAR PROGRAM 3.05 EDUCATION REFUND PROGRAM 3.06 SERVICE AWARD 3.07 HOLIDAYS 3.08 VACATION LEAVE 3.09 SICK LEAVE 3.10 SHARED SICK LEAVE 3.11 SICK LEAVE INCENTIVE 3.12 FAMILY AND MEDICAL LEAVE 3.13 LEAVE WITHOUT PAY 3.14 WORKERS COMPENSATION LEAVE 3.15 FUNERAL LEAVE 3.16 JURY DUTY OR WITNESS LEAVE 3.17 MILITARY LEAVE 3.18 GENERAL LEAVE PROVISIONS 3.19 UNIFORMS SECTION 4 - MAKING THE COUNTY A BETTER PLACE TO WORK 4.00 CODE OF WORKPLACE CONDUCT 4.0t CODE OF ETHICS 4.02 POLITICAL ACTIVITY 4.03 CONFLICT OF INTEREST Rev. 08.02 Section 1 - v 4.03.01 - DISCLOSURE OF INFORMATION 4.04 ATTENDANCE AND PROMPTNESS 4.05 OUTSIDE EMPLOYMENT 4.06 EQUAL OPPORTUNITY EMPLOYMENT 4.07 AMERICANS WITH DISABILITIES ACT (ADA) POLICY 4.08 DRUG FREE WORK PLACE POLICY 4.08.01 - CONTROLLED SUBSTANCE AND ALCOHOL USE TESTING 4.09 SEXUAL HARASSMENT POLICY 4.10 ACCIDENT REPORTING 4.11 MOTOR VEHICLE GUIDELINES 4.12 E-MAIL AND INTERNET POLICY 4.13 USE OF COUNTY PROPERTY 4.14 USE OF COUNTY PHONES 4.15INQUIRIES ABOUT FORMER EMPLOYEES 4.16 WORKPLACE VIOLENCE 4.17 COUNTY INFORMATION RECORDS 4.18 LOST AND FOUND 4.19 SALESMEN AND SOLICITORS 4.20 LOYALTY OATH 4.21 ACKNOWLEDGMENT OF RECEIPT Rev. 08.02 Section 1 - SECTION 1 - YOUR EMPLOYMENT 1.00 ORIENTATION The County will offer an orientation program. This orientation will give you a general review of the County structure and its government, your salary, benefits and the Rules and Regulations which all County employees are required to follow. You will be introduced to your supervisor and your co-workers on your first day. If you have questions or doubts concerning your job or responsibilities, please ask your supervisor for a further explanation. 1.01 YOU AND YOUR SUPERVISOR Your supervisor will help you realize your job-related goals and ambitions. Development of a healthy working relationship with your supervisor is essentially a matter of doing your job to the best of your ability. This requires you to constantly and conscientiously endeavor to: 1. Meet work schedule deadlines. 2. Work with your peers toward the common goal. 3. Advise your supervisor of improvements you feel might be made in your area of operations. The relationship with your supervisor is not a one-sided affair, since your supervisor is just as dependent upon you and your fellow employees as you are dependent upon your supervisor. The ultimate progress your team achieves depends upon the performance of the group of employees and their leadership. Misunderstandings or grievances should be brought promptly to the attention of your supervisor. All unresolved issues will be directed to the Human Resources Department by your supervisor for further review. (See Problem Solving Procedure). Rev. 08.02 Section 1 - ! 1.02 EVALUATION PERIOD New employees, promoted and demoted employees will be given an evaluation period of six months, with the exception of employees hired in Central Communications (911), who will have an evaluation period of nine (9) months. During this evaluation period, we will be genuinely interested in trying to help you become a safe, dependable worker. The object of the evaluation period is to help you succeed in the new assignment Therefore, the approach to this period of evaluation, advice, and constructive criticism is positive. During this period, you will be evaluated in writing at least three times by your immediate supervisor. Each evaluation will be discussed with you. Both you and the person conducting the evaluation will then sign the evaluation form. Failure to satisfactorily perform during this evaluation period, or to satisfactorily complete the evaluation period may result in termination. The evaluation period may be waived, or shortened upon recommendation of the Department Head with approval of the County Administrator or his designee. The County may extend an employee's probationary period one time beyond the end of the minimum probationary period for a period not to exceed thirty (30) calendar days upon approval of the County Administrator/designee. Further, the probationary period will be extended by the number of days an employee is absent whether paid or unpaid during the probationary period. When the employee has successfully completed the probationary period, and any extension, he shall be placed on regular status. An employee may be terminated anytime at the discretion of the Department/Division Director or Manager with or without cause during the evaluation period. If an employee is promoted, and during the evaluation period is unable to meet the job requirements for the new position, the employee may be given his/her previous job back at the rate of pay received before the promotion, if it is still available and if so recommended by the Division Manager or Department Director. However, if the previous position is no longer open and no other comparable position is available, the employee may be terminated at the will of the County. 1.03 JOB PERFORMANCE AND EVALUATION All employees like to know "how they are doing." The County believes that all employees should be kept advised of their performance with the County. The County has adopted a performance evaluation system, which established the County's policy to review each employee's performance. At the performance review, the supervisor will discuss with Rev. 08.02 Section the employee his/her past performance and set goals to improve performance. A supervisor may do a written performance review on an employee at any time at the supervisor's discretion. However, one (1) written evaluation must be done at least once per year after an employee has completed his/her evaluation period. A written record of all the performance reviews will be maintained and the original put in the employee's personnel file in the Human Resources Department. Each employee must sign his/her evaluation at the conclusion of the review. Employees are encouraged to comment on their evaluation. If the employee disagrees with the evaluation, he/she may write a rebuttal. This rebuttal will also be put in their personnel file. The original of the Employee Performance Evaluation form, and any rebuttal must be sent to the Human Resoumes Department to be included in the employee's file. 1.04COMPENSATION The minimum pay rate of the normal hiring rate shall apply for the first six months of employment unless a rate of up to ten percent (10%) over the minimum starting rate is otherwise approved by the County Administrator. Upon satisfactory completion of the evaluation period, full time employees will be eligible for a five percent (5%) pay increase, subject to the recommendation of his/her Department Head and approval of the County Administrator. Upon promotion, an employee will receive the minimum pay rate for his/her new position or a five percent (5%) increase of his/her pay rate at time of promotion, whichever is greater. Upon satisfactory completion of the evaluation period, the employee will be eligible for a five percent (5%) pay increase, subject to the recommendation of the Department Head and approval of the County Administrator. 1.05FILLING VACANCIES The County will endeavor to promote from within the organization when filling vacant positions. However, the County may advertise at its discretion when necessary to obtain qualified applicants for a vacant position. If an employee desires to apply for a vacancy c,dt~!d~ d..~. ........... he or she must fill out a Job Interest Form (JIF) and submit it to the Human Resources Department. The JIF will be reviewed by the Human Resources Department and submitted to the department if the employee meets the minimum requirements for the position. All positions showing the minimum qualifications required will be posted by the Human Resources Department for a minimum of five (5) days, An employee who transfers to another department for a promotion or a lateral move at his request must remain in that division for a minimum of Rev. 08.02 Section nine (9) months before applying for another transfer. Promotions or lateral moves within a division may be requested at any time provided it would fill an authorized budgeted position approved by the Board of County Commissioners. All promotions and hiring of personnel, except for the County Attorney and his staff, shall be subject to the approval of the County Administrator. 1.05.01 POSITION CONTROL 1. Positions under the Board of County Commissioners shall be established and maintained by the Human Resources Department through a personnel budget approved by the Board of County Commissioners each year. 2. The approved staffing pattern for each department will reflect authorized positions by classification and pay grade with a position number assigned to each position for control purposes. 3. The Human Resources Department and County Administrator shall be authorized to approve employment in positions within the authorized personnel budget. 1.05.02 PROMOTIONS Section 1 A promotion shall be defined as reclassification to a different position with a hi,qher pay grade. Section 2 In filling all vacancies in the bargaining unit, the County shall consider all of the followinq factors: a. Ability to perform all essential duties in the classification. b. Ability to meet reasonable performance standards for quality and quantity of work. c. Length of continuous service with the department and/or County d. Overall work record with the County, excludinq the following. e. Written reprimands (without a suspension) which occurred more than three (3) years prior to the date of application for the promotion if the employee has not received any additional discipline for a period of two (2) years prior to the date of such application. f. Suspensions which occurred more than five (5) years prior to the date of application for the promotion if the employee has not received any additional discipline for a period of three (3) years prior to the date o[ such application. Rev. 08.02 Section 1 - 4 g. Prior formal education, apprenticeship proqrams, specialized training schools, military assiqnment, iob experience prior to being employed by the County, and any other relevant qualification the individual may possess. Section 3 An employee's continuous service with the department and/or County is an important factor when determininq qualifications for fillin,q vacancies. Section 4 Employees within the division where the vacancy exists shall be .qiven first consideration subiect to their qualifications being equal to other bidders. Section 5 Promotional vacancies will be posted in all departments for at least five (5) working days. Section 6 A promoted employee will serve a six (6) month evaluation period. Section 7 Upon promotion, an employee will receive the minimum pay rate for his/her new position or a five percent (5%) increase of his pay rate at the time of his promotion, whichever is .qreater. Upon satisfactory completion of the evaluation period, the employee will be eligible for a five percent (5%) pay increase, subiect to the recommendation of the Department Head and approval of the County Administrator. In no event shall an employee's transfer result in his/her receivinq a rate of pay that exceeds the pay range for his/her new position. Section 8 The County aqrees to post manaqement vacancies and will .qive all employees consideration in filiinq such vacancies. Section 9 An employee who is promoted to a position in another department or another division within his/her department at his/her request must remain in that department or division for a minimum of nine (9) months befor= applyinq for a promotion or lateral move to another department or division. 1.05.03 TRANSFERS Section 1 An employee may be transferred from a classification in one department to the same or equivalent classification in another department or another Rev. 08.02 Section division in his/her department provided the transfer is to the advantage of the County and/or results in a better utilization of the education, experience or interests of the employee. No transfer may be made without the approval of the two (2) Department Heads, or the Department Head and two Division Manaqers in the case of an intra- department transfer, involved, knowledqe of the employee involved, and prior approval by the County Administrator. The provisions of the paragraph shall not be administered as a means to discipline employees. Section 2 Transfers shall be made as follows: A. An employee may be transferred to a position within another department or another division within his/her department with the same iob classification and such transfer will not change the employee's pay qrade, rate of pay, anniversary date or classification date. An employee who transfers to another department or another division within his/he, department for a promotion or lateral move at his/her request must remain in the department or division to which he/she is transferrinq for a minimum of nine (9) months before applying for a promotion or lateral move to another department or division within his department. B. An employee transferred at his/her own request shall serve a minimum of six (6) months evaluation period in the new department or division, provided, however, that such employee shall not be entitled to u pay increase at the conclusion of the evaluation period. If, during th~ evaluation period, the employee is found to be unsuited for or unqualified in the new department or division, the employee may return to his/he, previous position, subiect to the approval of the Department Head, if a vacancy exists. If his/her former position is filled, a qood faith effort will be made to place the employee in a comparable position. If a vacancy does not exist, the employee will be placed in a lay-off status with recall rights. C. In no event shall an employee's transfer result in his/her receivinq a rate of pay, which exceeds the pay range for his/her new position. Section 3 The County Administrator may grant an employee's request to transfer to a lower paid iob classification, provided the transfer is to the advantaqe of the County and/or results in better utilization of the education, experience, or interests of the employee. An employee so transferred shall be paid at his/her rate of pay at the time of his/her transfer if it is within the pay range for the lower paid classification. If the employee'~ rate of the pay at the time of his/her transfer exceeds the hiqhest rate or pay for the lower-paid classification, he/she will be paid at the top rate ol' pay for the lower paid position. An employee transferred to a lower paid classification at his/her own request shall serve a minimum of six (6) months evaluation period in the classification, provided, however, that such employees shall not be entitled to a pay increase at the conclusio,, Rev. 08.02 Section of the evaluation period. An employee who is transferred to a lower paid position shall not be permitted to apply for a promotion to his/her forme~ classification for a period of one (1) year following the effective date o[ his/her transfer to the lower paid classification. 1.05.04 TEMPORARY ASSIGNMENTS Section 1 The County shall not be prevented from temporarily assigning or appointing any employee to perform work which would normally be done by an employee in another classification, when, in the discretion of the County, such assignment or appointment is necessary. Section 2 An employee temporarily assigned to perform work outside his normal classification shall suffer no loss of pay should said temporary assignment be to a lower classification. Section 3 An employee who is temporarily assigned to a position in a higher classification shall be paid his reqular rate of pay for the first ten (10) consecutive calendar days. If such assignment continues beyond (10) consecutive calendar days, he shall receive five percent (5%) abovu his regular rate of pay or the minimum of the hiqher classification, whichever is greater. In the event that the County has been notified by the employee whose position is being temporarily beinq filled that hi~ absence will extend beyond ten (10) consecutive calendar days prior tu the first date of such absence or as soon thereafter as possible in th= event of illness or emerqency, The County shall pay the employe= temporarily assiqned to fill the position at the minimum of the hiqher classification or five percent (5%) above his re.qular rate of pay, whichever is greater, beqinning on the first day of the temporary assignment. If the temporary assignment extends beyond ten (10) consecutive calendar days, the County shall pay the employee receiving the temporary assignment at such hiqher rate of pay retroactively for the first ten (10) consecutve calendar days of the temporary assignment. This section shall not apply where the distinction in classification is based primarily on experience or years of service. 1.05.05 ESTABLISHING NEW POSITIONS The establishment of new or additional positions, beyond those contained in the annual budget, can be authorized only by the Board of County Commissioners. Rev. 08.02 Section 1 - 7 1.05.06 VETERANS PREFERENCE It is the policy of St. Lucie County to give preference to eligible veterans and spouses of veterans in appointment and promotion in County employment positions in accordance with Chapter 295, Florida Statutes, and Rule 22VP-1, Florida Administrative Code. Copies of Chapter 295 and Rule 22¥P-1 are available for review in the Human Resources Department. 1.06 FAMILY EMPLOYMENT RESTRICTIONS An individual may not be appointed, employed, promoted, or advanced in or to a position within a County department when such appointment, employment, promotion, or advancement has been advocated by an employee or e ected official of the County serving in or exercising control over the department who is a relative of the individual. Mere approva of budgets shall not be sufficient to constitute "control" for the purposes of this section. In the event of an emergency as defined in Section 252.34(2), Florida Statutes, the County Administrator may prescribe regulations authorizing temporary employment of individuals whose employment would be otherwise prohibited by this section. "Relative" of an employee or elected official for the purpose of this section shall mean an individual who is related to the employee or elected officials as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in law, daughter- in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, half brother or half sister. 1.07 PERSONAL APPEARANCE AND DEMEANOR It is important for everyone working for St. Lucie County to present a business like appearance. As a County employee, you should always remember your appearance is not only a reflection of you; it is also a reflection of St. Lucie County, which you now represent. In addition, proper clothing is necessary for your safety and protection, if the County provides you a uniform, you will be required to wear the uniform while working. For your individual department's dress code, consult with your immediate supervisor. 1.08 NO SMOKING In an effort to protect the employee and public health, comfort and environment, the County is committed to complying with the provisions of the Florida Clean Air Act, Chapter 386, Part ii, Florida Statutes. The County prohibits smoking and the use of smokeless tobacco in all government buildings. In addition, the Board of County Commissioners has designated all County vehicles as no smoking areas. Rev. 08.02 Section 1 - 8 1.09 PROBLEM SOLVING PROCEDURE Employee relations in St. Lucie County are based on mutual understanding and respect between County officials, supervisors and employees. We will continue to treat our employees with dignity, and will handle any problem or complaints without prejudice. Purpose: The purpose of this procedure is to secure at the lowest possible administrative level equitable solutions to problems that may arise from the interpretation and/or application of the Personnel Policy Manual. This section shall not apply to the County Attorney's staff. Definitions: The term "Grievance" shall be defined as a written allegation by the grievant that a dispute, disagreement, or difference exists between the grievant and the employer involving the interpretation or application of this manual involving wages, hours, or working conditions only. The term "Grievant" shall mean an employee by name or group of employees by names filing a grievance(s). The term "employer" shall mean St. Lucie County. The terms "days" shall mean working days. The Grievant: The lodging of any grievance shall be the exclusive right of the employee or employees in St. Lucie County. If the grievant institutes this grievance, he/she waives all rights to use any other appeal procedure relating to his/her grievance until he/she has exhausted all the steps of this grievance procedure. Members of the collective bargaining unit shall follow the grievance procedure set forth in the collective bargaining agreement. In the event an employee of St. Lucie County has a grievance, he/she shall abide by the management decision pending resolution of the matter through the grievance procedure. A grievance may be withdrawn at any level but the same grievance may not be filed a second time by the same party. Time Limits: Since it is important that grievances be processed efficiently as possible, the number of days indicated at each level shall be considered the maximum, and every effort should be made to expedite the process before the deadlines are reached. Time limits may be extended by mutual consent. Procedure: Should difference or dispute arise between the parties with regard to this policy or between the employees covered and the County, other than in cases of discharge the aggrieved party shall use the following procedures: Rev. 08.02 Section 1- 9 Step 1: In the event an employee believes there is a basis for a grevance said employee shall first discuss promptly the alleged grievance with the immediate superv sot, either privately, or if the employee prefers, accompanied by another person within five (5) working days of the date of the occurrence of the event giving rise to the grievance. The supervisor shall then respond in writing, within five (5) working days. If there is no supervisor or if the grievance is being filed against the supervisor, proceed directly to Step 2. Step 2: In the event the aggrieved employee is not satisfied with the decision of the supervisor, the employee shall present the grievance in writing to the employee's Division Manager within five (5) working days of the date of the Step 1 decision. Upon presentation of this written grievance, the Division Manager and the employee shall meet to attempt to resolve the dispute. Within five (5) working days thereafter, the Division Manager shall render a decision in writing to the employee. Step 3: In the event the aggrieved employee is not satisfied with the written answer to Step 2, the employee shall present the grievance within five (5) working days after the written answer above to the County Administrator or designee, who will, within five (5) working days of the receipt of the same, meet with the same employee in an attempt to resolve the grievance. Within ten (10) working days after this meeting, the County Administrator or designee shall render a decision in writing. The decision of the County Administrator or designee shall be final and binding for the parties without further right to appeal. In the event an employee is discharged after the completion of his/her six-month evaluation period by the County, the employee may, within five (5) working days, request a pre-termination hearing. The pre-termination hearing shall be held within a reasonable time after the Human Resources Department receives the employee's request for a pre-termination hearing. At this pre- termination hearing the aggrieved employee will be given the opportunity to tell his/her side of the story, call witnesses and cross- examine witnesses, and present any evidence for consideration. This pre-termination or hearing will also be considered a "name clearing" hearing. The employee has a right to counsel or other representation at the hearing. Within ten (10) days after this hearing, the County Administrator or designee shall render a decision in writing. The decision of the County Administrator or designee shall be final and binding for the parties without further right of appeal. Rev. 08.02 Section 1- 10 1.10 PAYCHECKS Employees are paid every two (2) weeks, and paychecks are distributed by each department. Direct deposit for paychecks is available. Please contact the Human Resources Department for further details. Each paycheck will reflect pay earned during the previous pay period and will be distributed one (1) week following the previous pay period. St. Lucie County's pay week begins at 12 01 a.m Sunday and runs through 12:00 midnight Saturday. Please direct any questions concerning your pay to your immed ate supervisor. 1.11 EMPLOYEE RECORDS Employees should be aware of the importance of keeping their personnel file up-to-date. Report the following information to your Division Manager who will notify the Human Resources Department in writing of: · Change of address/phone number, · Change in number of dependents, · Change in marital status, · Change in beneficiaries, · Change in military status. Each employee is encouraged to supplement his/her personnel file with additional education and skill information. The Florida Public Records law provides that each employees' official personnel file in the Human Resources Department is open for review and scrutiny of the public and media, subject to the limitations set forth in State and Federal laws. You are encouraged to review your personnel file at least once per year. Rev. 08.02 Section SECTION 2 - EMPLOYMENT STATUS 2.00 REGULAR EMPLOYMENT - FULL AND PART TIME An employee who fills a full-time, regularly budgeted position is eligible for all benefits and pay increases in accordance with County policy and procedure. An employee who fills a part-time (less than forty (40) hours per week) regularly budgeted position will be eligible for benefits in accordance with State and Federal policy and procedures. Part-time employees with limited benefits will receive retirement, pay increases, vacation, sick leave, and holidays on a prorated basis. 2.00.01 TEMPORARY EMPLOYMENT Temporary employees are defined as employees who fill positions that meet any of the following characteristics: An employment position, that which will not exist beyond six (6) months. 1. Casual laborers (persons who work intermittently when there are specific tasks to be performed). 2. Student employees (persons who are bona-fide students in an accredited educational or vocational program who perform services for a public employer in a temporary position set aside strictly for students). 3. Persons on call (employees who are called to work unexpectedly for brief periods and whose employment ceases when the purpose for being called is satisfied). 4. Job Training Partnerships Act (JTPA) participants. Temporary employees will not receive benefits (including but not limited to medical insurance, sick and vacation leave) nor be eligible for pay increases. If a temporary employee is subsequently hired to fill a full-time or part-time position, such emp oyee will be treated as a new employee from the effective date of full or part-time status and will thereupon be e g ble for benefits and pay increases in accordance with County Policy and procedure. 2.01 HOURS OF WORK The minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) apply to employees whose job classifications fall within the FLSA's scope. All overtime work must be scheduled and authorized in advance by the Division Manager. It shall be the general policy of the County not to have its Rev. 08.02 Section 2- ! employees work frequent or considerable overtime; however, Division Managers may authorize or direct and employee to work overtime when necessary in order to meet emergency deadlines or operating needs. Division Managers will offer overtime work to employees first on a voluntary basis and then on a rotating basis. If an employee refuses to work overtime when his/her Division Manager has made a reasonable request, disciplinary action may be taken. Each Division Manaqer shall maintain records of all overtime worked by employees who are eligible for overtime pay. If you have questions concerning the applicability of the FLSA to your position, please contact your supervisor or the Human Resources Department. 2.01 .01 NON-EXEMPT EMPLOYEES All employees whose job classifications are classified as "non-exempt," in accordance w th the FLSA are subject to the following regulations: 1. Overtime pay at time and one-half the employee's hourly rate will be paid for overtime work performed which exceeds forty (40) hours of work performed between 12:01 a.m. Sunday and 12:00 midnight Saturday. An employee may not work overtime (over 40 hours of actual work performed) in any workweek without the express approval of his/her Division Manager. Failure to obtain the necessary approval for overtime work may constitute grounds for disciplinary action up to and including dismissal. An employee who works for more than ten (10) consecutive working days n a classification higher than his/her regular position will receive compensation at the rate of five (5%) higher than his/her presen! .rate or the starting salary of the higher position, whichever is greater, wni~e working in the higher classification. Emergency Standby Duty: In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule certain employees to emergency standby duty. An 'emergency .standby duty assignment' is made by a Department Head who requires an employee to be available for work on off-duty time, which may include nights, weekends, or holidays. Any employee designated by the County to be on restricted, emergency standby duty shall be compensated in accordance with the following procedures. Emergency standby time is defined as that period during which an employee is required to be readily available and whose activities are restricted to the extent that he/she may be readily contacted by telephone or pocket pager. The Department Head/Designee will determine when it is necessary to place employees in an emergency standby status. Rev. 08.02 Section 2- 2 The department will seek volunteers consistent with equitable distribution of emergency standby time within a work area, classification, shift, and consistent with skill and ability. In the event sufficient volunteers are not available, qualified employees shall be assigned to emergency standby work in a manner consistent with equitable distribution of assignments. All emergency standby employees will be provided with a beeper and County vehicle for possible use. If the employee does not report to work in a timely fashion, not to exceed thirty (30) minutes in response to a call for assistance, all emergency standby compensation may be forfeited, and disciplinary action may be enforced. Employees assigned to emergency standby shall be compensated as follows: · One (1) hour token pay will be paid per twenty four (24) hour period. This is paid whether an employee is or is not called into work and will count as one (1) hour worked even if no work is performed. · If the employee is called out, the actual time worked, or a m nimum of two hours per twenty-four (24) hour period will be paid provided the time worked does not immed ately precede or extend the employee's regularly assigned work shift. This two-hour m n mum will apply only to the first call-out, and the actual time worked will be paid for subsequent call-outs in the same twenty-four (24) hour period. · Emergency standby time away from work shall not count as hours "worked" for the purpose of computing overtime pay. 4. B. On Call Status It is recognized that due to the nature of County operations, the County sometimes requires that employees be available to be called back to work at a time other than their regularly scheduled hours of work, including nights, weekends, or holidays. The Department Head will determine when it is necessary to place employees in an on-call status. The department will seek volunteers whenever possible consistent with equitable distribution of on-call time within a work area, classification, shift, and consistent with skill and ability. In the event sufficient volunteers are not available, qualified employees shall be assigned on-call work in a manner consistent with equitable distribution of assignments. Employees on the on-call list will provide the County with a contact phone number and will be responsible for keeping the Rev. 08.02 Section 2- 3 County adv sed of any changes. Employees on the on-call list have complete freedom of activity in the off duty hours until assigned to work and are not considered on "emergency standby. Employees who are called back to work shall be compensated for the amount of time actually worked or two (2) hours, whichever is greater, provided such work does not immediately precede or extend the employees regularly assigned work shift. On-call time away from work shall not count as hours "worked" for the purpose of computing overtime pay. On-call status is not intended to override or interfere in any manner with any work assignment made in accordance with emergency procedures such as hurricane preparedness, non- military radiological manuals, and assignments made in accordance with a state of emergency declared by an appropriate official. 5. Time Records The employee will be responsible for accurately maintaining his/her own time records. If an employee is found punching or making written entries on another employee's time card, it will be cause for immediate dismissal. The employee should either punch a time card or fill out time sheets. The time sheets should indicate on a daily basis the time in which the employee begins work, takes a lunch break, and ends work. Each week the time sheets shall be reviewed and initialed by the employee's supervisor and then submitted to the Division Manager. Each Division Manager shall maintain records of such time sheets or cards by week, month, and year. The employee is not to report to his/her work area until he/she is required to begin work. Due to numerous Federal and State regulations, an employee must not take work home unless authorized by his/her Division Manager. All work performed for the County should be performed during regularly scheduled or authorized work hours. The County encourages all employees to leave their work areas during the r entire lunch break. It is a violation of this policy to perform any unauthorized work for the County during a lunch break. If an employee is required by the County to attend training or an educational seminar, and the seminar is conducted during his/her normal work or after work hours, the employee will be paid for the travel time to and from the location of the seminar. Rev. 08.02 Section 2- 4 o Working weekends, nights, and before and after normal working hours is strictly prohibited unless scheduled to work or authorized by an employee's Division Manager. 2.01 .02 EXEMPT EMPLOYEES Employees whose job classifications fall within this classification are salaried employees and are hired for an annual salary to accomplish a job for the County. An exempt employee's salary is intended to compensate the employee for all hours worked. No additional compensation shall be made for hours worked by exempt employees in excess of forty (40) hours, including attendance at training courses, conferences, and seminars or travel to and from such activities or work assignment. Exempt employees will be charged with vacation or sick pay, whichever is appropriate, in increments of 4 (four) hours. 2.01 .03 EMERGENCY WAGE AND HOUR PROCEDURES 1. Non-exempt employees who are scheduled to work on a day the County Administrator officially closes all County offices and departments will be paid for their regular scheduled hours at their current rate of pay for the day. Note: This time is not considered as time worked for payroll purposes of determining whether overtime is due. 2. Non-exempt employees who are working when the County Administrator officially closes all County offices and departments will be paid for the remainder of their scheduled day at their current rate of pay. Note: This time is not considered as time worked for payroll purposes of determining whether overtime is due. 3. Non-exempt essential personnel who are required to work in preparation for a Hurricane or natural disaster or who are required to report to work when the County Administrator has declared ail offices and departments officially closed, shall be paid time and one-half for those hours worked, plus their regular scheduled hours. 4. In the event of a major disaster when County offices and departments are unable to open, all full-time employees who were regularly scheduled to work shall receive their regular rate of pay for scheduled hours missed due to the closure up to a maximum of twenty-four (24) hours pay. Rev. 08.02 Section 2- 5 Note: This time is not considered as time worked for payroll purposes of determining whether overtime is due. 5. During a declared state of emergency, the County Administrator shall have the authority to authorize additional compensation for exempt employees who work in excess of their regularly scheduled workweek. The rate of pay for such additional hours worked shall be equivalent to the exempt employee's hourly rate of pay computed as if the employee was not paid on a salary basis. This additional compensation shall be in addition to the employee's regular salary. The County Administrator will identify the beginning and ending dates in which additional compensation will be paid to employees who are eligible for additional compensation, and will provide the appropriate forms for exempt employees to document their hours worked. Nothing herein shall be construed to affect the exempt status of such employees. Note: For further information please refer to your hurricane manual. 6. Our first concern is for the employees' safety. All County buildings must be inspected for occupancy after a hurricane or natural disaster. Therefore, nonessential personnel who are not assigned emergency stations should not report to work until notified by calling the master phone line or by media release. 2.02 STAFF REDUCTION If positions are eliminated within a division resulting in a lay-off of current employees, newly hired employees in evaluation periods holding jobs in the affected job classifications within the division will be identified for lay-off first. In determ n ng the order of layoff of employees other than employees in their probationary period, the following criteria will be we ghted equally: (a) ability, (b) skill, (c) attendance record for preceding twelve (12) month period, (d) evaluations, (e) any documented counseling or disciplinary actions in preceding twelve (12) month period, and (f) seniority. If the employee has the ability, skills and desire to reclassify to a lower paying position within his/her division, he/she may replace the east sen or employee in the lower position provided he/she has more seniority than the employee he/she is replacing. The employee's rate of pay will remain the same if his/her wage is within the range of the lower position. If the employee's rate of .pay exceeds the maximum of the lower position, the employee will receive the .top of the range for the new classification. If an employee identified for lay-off is transferred from one department to another where a vacancy exists, and is required to take a reduction in pay, then that employee will have the option of receiving his/her Rev. 08.02 Section 2- 6 vacation pay prior to being transferred, at the higher rate of pay. If the employee chooses not to take vacation pay before the transfer, he/she will be paid vacation leave at his/her current rate of pay when he/she chooses to take vacation. If a full-time employee is laid-off, he/she will be compensated for vacation in full and receive accrued sick leave, not to exceed eighty (80) hours, unless the emplo.yee has ten years of continuous service for which he/she will receive no more than a maximum of four hundred eighty (480) hours and two hundred forty hours (240) for employees with six or more but less than ten (10) years of credible county employment. Part-time employees who are laid off will receive vacation and sick leave prorated based on an average two- week work period. Recognizing the hardship a lay-off creates for an employee, the County will continue to pay the County's portion of health insurance premiums for one full month after lay-off for the employee and family coverage. After this additional month of coverage, the employee must determine whether he/she wants to pay for the health plan. An employee electing to continue paying the premium under COBRA will be notified and be given sixty (60) days to determine if he/she elects to be covered. The employee will then have forty-five (45) days to make premium payments, ensuring no break in health coverage. He/she will be eligible to continue payment at group rates for at least eighteen (18) months at the St. Lucie County current group policy costs. Seniority is defined as the employee's last date of hire with the County with deductions for absences of sixty (60) working days. If employees have the same seniority date, their relative seniority dates shall be determined by the first four diqits of the em.ployee's social security number, the lowest number being the most sen~or. All employees subject to lay-off will be counseled by the Human Resources Department on other employment opportunities and community assistance. 2.02.01 RECALL AFTER LAY-OFF A laid-off employee is eligible to remain in a recall status for one (1) full year from date of layoff. The County's obligation under this provision will continue for one (1) full year from the date of layoff. A person recalled within the year will not lose seniority; however, the amount of time he/she is laid off will not be credited for seniority, retirement, and benefit purposes. When the County decides to increase the work force, the employee(s) will be called back in their order of layoff by classification, e.g., last out, first in, providing the employee(s)still can meet the minimum job requirements as stated in the job description and pass a physical including a drug test. The employee must notify the Human Resources Department at time of layoff whether he/she desires to be recalled only to the job in which he/she was laid off or to any available position for which he/she is qualified. Notice to an Rev. 08.02 Section 2- 7 employee regarding the County's intention to recall a former employee shall be by certified mail to the last known address and by documented telephone call to his last known telephone number, with both being shown in the personnel file. If the employee so notified does not apply in the Human Resources Department or give notice of intention in writing to apply with five (5) working days of receipt of the notice, it shall be assumed that person has resigned and all rights accrued previously shall be forfeited. If an employee refuses in writing to accept the job offered because it is a lower paying position than previously held, that employee shall not lose right for future recall. 2.02.02 RESIGNATION OF EMPLOYMENT Any County employee who wishes to resign in good standing shall give his Department/Division Head authority a written notice of at least two (2) weeks, unless the Department/Division Head consents to his/her leaving on shorter notice. The effective date of separation shall be the last day on which the employee is physically present for duty unless otherwise specified herein. An employee may be considered to have resigned if: 1. The employee fails to report to work as scheduled or without notification to the supervisor of the reasons for the absence and the time the employee expects to return. 2. The emp oyee fails to notify the Department/Division Head of his/her readiness to resume his/her duties immediately upon expiration of a leave of absence. Such resignation shall be treated as a resignation without notice. If an employee leaves the employment of the County in good standing and is subsequently rehired by the County, the following rules shall determine the employee's status relating to benefit eligibility: 1. If the employee is rehired within twenty-nine (29) calendar days from the employee's last day of service, such employee is eligible to retain his/her previous status for benefit eligibility. 2. If the employee is rehired thirty (30) calendar days or more from the employee's last day of service, such employee shall be regarded as a new employee subject to all applicable waiting periods. Before an employee receives the final paycheck from the Human Resources Department, he/she must: Return any uniforms, keys, ID badges, equipment, or County property, etc. to his/her supervisor. Report to the Human Resources Department to complete an exit interview. After the completion of the above, employee may receive his/her final check(s) in the Human Resources Department on the next normal pay date. Rev. 08.02 Section 2- 8 SECTION 3 - YOUR BENEFITS 3.00 HEALTH AND LIFE INSURANCE Full-time employees are eligible for Health and Life Insurance upon completing ninety (90) days of employment. Employees hired from the 1st of the month through the 15th go back to the 1st of the month to begin counting the ninety (90) days. Employees hired the 16th through the end of the month go to the 1st of the next month to begin counting the ninety (90) days. For current employee contribution rates, call or visit the Human Resources Department. Employees who are granted a leave of absence without pay will be responsible for making payments on their health insurance, life insurance and dental and vision coverage at their own expense at the current rate of St. Lucie County's group policy cost unless they qualify for Family and Medical Leave (See 3.12). 3.01 RETIREMENT St. Lucie County is a participant in the Florida Retirement System in accordance with Chapter 121, Florida Statutes. Any employee who fills a full- time or part-time regularly budgeted position in St. Lucie County will be eligible to participate in the retirement system. This benefit is paid for by the County with no cost to the employee. Retirement is defined as a voluntary or involuntary procedure whereby an employee separates from County employment for reasons of length of service or disability. Retirement regulations and benefits shall conform with the provisions of the Florida Retirement system in effect upon the effective date of the employee's retirement. 3.02 DISABILITY INSURANCE St. Lucie County provides a short term and long term disability policy for employees with the same effective date as County health plan coverage. There is no cost to the employee for this plan. During your orientation, you will receive further information about this program. 3.03 EMPLOYEE ASSISTANCE PROGRAM St. Lucie County provides an Employee Assistance Program (EAP) for all employees, including their dependents covered on the County health insurance plan. This benefit is paid for by the County and assists employees and eligible dependents with personal or family problems that are too difficult to handle alone. Employees are encouraged to seek assistance before such problems become overwhelming .and negatively affect well-being and on-the- job performance. You will receive further information about this program during orientation. 3.04 EMPLOYEE SUGGESTION PROGRAM The Employee Suggestion Program enables all employees working for St. Lucie County to submit suggestions that could prove beneficial to the County and the citizens we serve. Suggestions should be a recommendation to solve a problem, improve operations or procedures, make the County a safer, better place to work, or save money. Employee Suggestion Program procedures are as follows: The County Departments will be combined into three groups: Group A: Group B: Group C: Administration, Agriculture, Attorney, Information Tech., Community Development, Management and Budget, Human Resources, Airport, Public Safety, Purchasing, Veteran Services, Community Services, Utilities. Central Services, Mosquito Control, and Public Works. Parks & Recreation, The Employee Suggestion Committee will consist of three (3) members, one from each of the above groups. Recommendations for committee members will be made by Department Directors and will be sent to the Human Resources Department. One person from each group will be chosen by the County Administrator to serve on the Committee for a period not to exceed one (1) year. The Committee will select all suggestions meeting the criteria below: Does it save money or enhance operations? Does it prevent waste? Is it practical and useful? Is it a morale builder? Does it promote safety? These suggestions will be forwarded to the appropriate department for implementation. Departments should monitor the success of the suggestion and report back to the Employee Suggestion Committee. On a quarterly basis, the Committee will, review the results of the implementation suggestions and select the one that has proved to be most Rev. 08.02 Section 3-2 beneficial. From the four (4) quarterly winners, the Committee will select one (1) as the "Best Suggestion of the Year". Any employee whose suggestion is implemented will receive a letter of appreciation from the County Administrator, which will be placed in the employee's personnel file. The quarterly winner will be given a framed quarterly certificate and four (4) additional hours of leave from work with pay. The annual winner will receive an engraved plaque and eight (8) additional hours leave from work with pay. Suggestion boxes are in the following locations: Human Resources Department Road and Bridge Parks & Recreation Administration Offices Solid Waste 911 Emergency Operations Center Mosquito Control Employees may drop their suggestions in one of the boxes or mail it to the Human Resources Department. Suggestions will be picked up on the last Friday of each month. The committee will meet the first week of the quarter and the winner will be officially announced the second week of the quarter. Based on the number of suggestions received, the Committee may decide to meet more frequently. 3.04.01 EMPLOYEES OF THE YEAR PROGRAM Any employee or member of the public may recommend an employee to be an Employee of the Quarter. Nominations forms will be available in the Human Resources Department. Completed forms will be submitted to the Human Resources Department. The Review Committee will be the same group created for the Employee Suggestion Program. 4. The Review Committee will pick one employee each quarter. Quarterly winners will be given 4 hours off with pay and their name added to a plaque. Winners will be announced at a County Rev. 08.02 Section 3-3 Commission meeting. Winners will also be recognized in the employee newsletter. Annually, one employee will be selected from the quarterly winners will be asked to attend a County Commission meeting where the Employee of the Year will be announced and honored. The winner will receive eight (8) hours off with pay and a plaque. 3.05 EDUCATION REFUND PROGRAM Full-time employees are eligible for reimbursement of registration fees for certain educational courses which qualify under this section and Florida Statute Section 112.063. To qualify for reimbursement, the course must be directly related to the employee's present position with the County..The following procedures must be adhered to: A request must be made using the appropriate forms, to your Division Manager stating the subject, the length, hours and approximate cost of the course and what benefit the County will derive from the additional education. The request must be submitted prior to enrolling in the class. If the manager approves the request, he/she will forward it along with the recommendation to the Department Director for approval. Approved requests will be forwarded to the Human Resources Department for approval. The approved forms will be forwarded to the County Administrator. When all approvals have been acquired, the employee may enroll in his/her chosen class. The employee must pay the course fee in full at the time of enrollment or as agreed upon by the institution. If the employee completes the course and achieves a passing grade of C or above he/she must submit paid enrollment forms and grades to the Human Resources Department. The emp oyee will be reimbursed 100% for tuition in the form of a check issued by the Finance Department directly to the employee. (If you have questions concerning tuition reimbursement, or require forms, please call the Human Resources Department). 3.06 SERVICE AWARD Full time employees shall be given an award for years of continuous service to St. Lucie County as follows: Ten (10) years Fifteen (15) years -Two percent (2%) of base annual salary -Three percent (3%) of base annual salary Rev. 08.02 Section 3-4 Twenty (20) years Twenty-five (25) years Thirty (30) years Thirty-five (35) years Forty (40) years Forty-five (45) years Fifty (50) years -Four percent (4%) of base annual salary -Five percent (5%) of base annual salary -Six percent (6%) of base annual salary -Seven percent (7%) of base annual salary -Eight percent (8%) of base annual salary -Nine percent (9%) of base annual salary -Ten percent (10%) or base annual salary Length of service and rate of pay will be determined on September 30th of each year. Awards will be issued in one lump sum and will be distributed to eligible employees at an annual function. 3.07 HOLIDAYS The following days normally will be observed as paid holidays: New Year's Day (January 1st) Martin Luther King, Jr's Birthday (3rd Monday in January) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1 st Monday in September) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Friday after Thanksgiving Christmas Eve (December 24th) Christmas Day (December 25th) Floating Holiday (1 Day between October 1st and September 30th) In the event a holiday falls on a Saturday, the Friday before will be observed. If the holiday falls on a Sunday, the following Monday will be observed. When a holiday is observed on a day on which an employee is normally scheduled to work, the employee will receive holiday pay for the number of hours for which the employee normally would have been scheduled. For example, if the employee normally works a ten (10) hour day, the employee will receive ten (10) hours of pay for the holiday; if the employee normally works an eight (8) hour day, the employee will receive eight (8) hours of pa.y for the.holiday. If the holiday is observed on a day on which the employee ~s not scheduled to work, the employee's holiday will be granted on the first day he/she would normally be scheduled to work following the date the holiday is observed as indicated above. For example, if an employee normally works a four (4) day week, such as ten (10) hours a day, Wednesday through Saturday, and a holiday is observed on a Monday, the employee will receive Wednesday off with ten (10) hours pay. If the employee's Department Director determines, however, that the needs of the department will not permit the Rev. 08.02 Section 3-5 employee to have a day off on that day, the employee will work that day at his/her regular rate of pay and also receive holiday pay equal to his/her normally scheduled hours at regular rate of pay. All non-exempt employees who work on a holiday will be paid at a rate of one and a ha f (1 112) times their regular hourly pay. Holidays are not considered as time worked for payroll purposes of determining whether overtime is due. Unless an employee has received prior written approval to be off on a scheduled workday preceding and/or following a holiday, the employee must work the scheduled work day(s) in order to receive holiday pay. 3.08 VACATION LEAVE Vacation time off with pay is available to eligible employees to provide opportunities for rest, relaxation and personal pursuits. Employees the following employment classification(s) are eligible to earn and use vacation time as described in this policy: · Regular full-time employees · Regular part-time employees with limited benefits The amount of paid vacation time employees receive each year increases with the length of their employment as shown in the following schedule: · Upon initial eligibility the employee is entitled to 10 vacation days each year, (two weeks) accrued biweekly at the rate of 3.08. Limited vacation hours 160 (cap). Based on 80 hours. · 5 years to 10 years of eligible service, the employee is entitled to 15 vacation days each year, (3 weeks) accrued biweekly at the rate of 4.62. Limited vacation hours 240 (cap). Based on 80 hours. · 11 years to 20 years of eligible service, the employee is entitled to 20 vacation days each year (4 weeks), accrued biweekly at the rte of 6.16. Limited vacation hours 320 (cap). Based on 80 hours. · 21 years to 25 years of eligible service, the employee is entitled to 1 additional day per year for a maximum of 5 weeks as follows: 21 years of eligible service, the employee is entitled to 21 vacation days each year, accrued bi-weekly at the rate of 6.46. Limited vacation hours 335 (cap). Based on 80 hours 22 years of eligible service, the employee is entitled to 22 vacation days each year, accrued bi-weekly at the rate of 6.78. Limited vacation hours 352 (cap). Based on 80 hours. Rev. 08.02 Section 3- 6 23 years of eligible service, the employee is entitled to 23 vacation days each year, accrued bi-weekly at the rate of 7.08. Limited vacation hours $68 (cap). Based on 80 hours. 24 years of eligible service, the employee is entitled to 24 vacation days each year, accrued bi-weekly at the rate of 7.40. Limited vacation hours 384 (cap). Based on 80 hours. 25 years and up of eligible service, the employee is entitled to 25 vacation days each year (5 weeks), accrued bi-weekly at the rate of 7.70. Limited vacation hours 400 (cap). Based on 80 hours. Any vacation leave not used within twenty four (24) months from date earned will be considered forfeited and lost, except when an employee has been denied use of leave because of the needs of the County. In those cases, the County Administrator or his designee may extend the period during which the leave may be used. Employees who have completed six (6) months or more service shall, upon leaving the County in good standing, be paid for accrued vacation leave. Any accumulated vacation leave will be paid in the last regular check an employee receives, provided the Finance Department is informed of the termination in time to include it on the last regular check and the termination is not for misconduct. If the Finance Department does not receive the information in time and the termination is not for misconduct, payment for accumulated vacation leave will be made at the end of the next pay period. Vacation leave will not be added to the last day worked to determine the termination date. The length of eligible service is calculated on the basis of a "calendar year." This is the 12-month period that begins when the employee starts to earn vacation time. Military leave has no effect on this calculation. (See individual leave of absence policies for more information.) Once employees enter an eligible employment classification, they begin to earn paid vacation time according to the schedule. However, before vacation time can be used, a waiting period of six months must be completed. After that time, employees can request use of earned vacation time including that accrued during the waiting period Paid vacation time can be used in minimum increments of .25 hours. To take vacation, employees should request advance approval from their supervisors. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. Vacation time off is paid at the employee's base pay rate at the time of vacation. In the event an employee wishes to take more than his or her creditable vacation leave, the employee may or may not, at the discretion of the County Rev. 08.02 Section 3 -7 Administrator or his designee, be granted extra leave without pay. Leave without pay will not be granted if vacation time is available. Vacation leave may be used for sick leave in the event accumulated sick leave is not sufficient to cover length of illness or injury. For payroll purposes, vacation leave will not be considered as time worked. As stated above, employees are encouraged to use available paid vacation time for rest, relaxation, and personal pursuits. In the event that available vacation is not used by the end of the benefit year, employees may carry unused time forward to the next benefit year. If the total amount of unused vacation time reaches a "cap", further vacation accrual will stop. When the employee uses paid vacation time and brings the available amount below the "cap", vacation accrual will begin again. 3.09 SICK LEAVE Sick leave with pay shall be accrued at a rate of one (1) working day for each month of service. There is no maximum on the amount of sick leave an employee may accumulate. Sick leave will be used based upon fifteen (15) minute intervals for all non-exempt employees. Exempt employees will use sick leave in c!§ht (8) four (4) hour intervals. In case of illness within the immediate family (refer to Section 3.15 for a list of immediate family) sick days (if available) may be taken annually to care for immediate family members. This time will be deducted from your sick leave balance. This restriction does not apply to leave taken under the Family Medical Leave Act. Sick leave is a privilege which shall be allowed only in cases of personal sickness, injury, or disability, including pregnancy, scheduled doctor or dentist appointments, or legal quarantine because of exposure to a contagious disease. In order to be granted s ck leave with pay an employee must notify his/her immediate supervisor no later than thirty (30) minutes after the beginning of the scheduled work day of the reason for his/her absence, unless the employee is unable through no fault of his/ her own, to give such notice. NOTE: Please check for your individual department's rules regarding call-in time. In the event that an employee is absent for three (3) or more consecutive working days, he/she may be asked to submit a medical certificate signed by a physician stating the kind and nature of his/her sickness or injury. Employees who are excessively absent or who have a pattern of absences, will be asked to provide a medical certificate. Any employee who uses sick leave when physically fit may be discharged. Rev. 08.02 Section 3 -8 Unless otherwise required by law, the County will not be required to return an employee to work from leave for a non-work related iniury or'illness absent ~ written certification from his/her treatinq physician releasinq him/her to full duty for his/her position. When accumulated sick leave is not sufficient to cover an illness or injury, the employee shall use his/her vacation leave to help cover time needed for illness or injury. In the event no sick or vacation leave is available and the employee does not qualify for any other type of leave, the employee will not be paid for the absence. All County employees shall be entitled to terminal "incentive pay" for accumulated and unused sick leave to be paid to each employee upon normal or regular retirement, or termination, or resignation, other than for misconduct, after six (6) years of creditable and continuous service with St. Lucie County, and to the beneficiary if service is terminated by death, after six (6) years of creditable and continuous service. The payment shall be determined by using the rate of pay received by the employee at the time of retirement, termination, resignation, or death. Terminal pay allowable for unused sick leave shall not exceed a maximum of four hundred eighty (480) hours for employees with ten (10) or more years of creditable county employment and two hundred forty (240) hours for employees with six or more but less than ten (10) years of creditable county employment. This payment shall not be considered in any state retirement system as salary payments, and shall not be used in determining the average final compensation of an employee on any state administered retirement system. For payroll purposes, sick leave will not be considered as time worked. Pursuant to Section 1-2-16, St. Lucie County Code of Ordinance and Compiled Laws, any employee found guilty in a court of competent jurisdiction of committing, aiding, or abetting an embezzlement or theft from his/her employer, or bribery in connection with employment, committed prior to retirement or creditable termination as provided in Subsection 1-2-16(b), whose employment is terminated by reason of his/her admitted committing, aiding, or abetting of an embezzlement or theft from his/her employer or by reason of bribery or for cause, or who, prior to creditable termination or retirement as provided in Subsection 1-2-16tb), is adjudged by a court of competent jurisdiction to have violated any state law against strikes by public employees shall forfeit all rights and benefits under this section. Any employee whose employment terminates as a result of an act committed subject to this section or for cause will not be given credit for unused sick leave accumulated prior to termination should he be re-employed at a later date. 3.10 SHARED SICK LEAVE 1. This is a voluntary program to provide income for those County employees who have extended medical problems, but are not eligible Rev. 08.02 Section 3- 9 for disability, workers compensation or retirement benefits. County employees must have successfully completed their initial evaluation period to be eligible to receive donated sick leave. Eligibility to receive program benefits is contingent upon the exhaustion of all individually accrued sick leave and vacation time. 2. The employee or someone on his behalf may request sick leave benefits from this program which will be substantiated by a verified physician's certification which shall include a cause of the illness or injury certifying the existence of the illness which prevents the employee from performing assigned duties and stating the anticipated duration of the illness. Department Directors may recommend an employee to receive such donated sick leave subject to the approval of the County Administrator or designee. The County Administrator or designee may request a certification from a second physician at any time and at the employee's expense. Written Certification from any physician may be required every thirty (30) calendar days or less often. 3. An employee may donate sick leave hours to the program at any time and must specify the employee to be the recipient of the donation. Sick leave contributions to the program are irrevocable and cannot be returned to the donating employee. The donating employee must have over fourteen (14) sick leave days after the donation of sick leave. Any donated sick time will be deducted from the employee's sick leave accumulation in increments of eight (8) hours or ten (10) hours and will not be reflected as time used by the employee. 4. The maximum number of workdays if available in the shared sick leave program, which can be used by an employee during his employment, is 240 days. An employee is limited to 120 workdays (if available) for one period of absence from work during a twelve (12) month period. An employee will not be eligible for donated sick leave while receiving disability, retirement or Social Security. 5. The following are exclusions, limitations and termination of benefits: a. Any occupationally related accident or illness for which workers compensation benefits are payable b. Horseplay or intoxication by alcohol or drugs while at work, or a failure to obey instructions or use a safety device while at work. c. Intentionally self-inflicted injuries. Rev. 08.02 Section 3-10 d. Injury occurring in the course of committing a felony or assault e. Active duty in the armed forces. fo War, insurrection, rebellion, or active and illegal participation in a riot. go Cosmetic surgery or treatment deemed medically unnecessary by a physician Confinement to a penal or correctional institution as a result of conviction for a criminal or other public offense. A participating employee will immediately lose the right to use Shared Sick Leave Program benefits because of the following: a. Termination of employment. b. During a suspension without pay. Failure to provide the required physician certification and any abuse or misuse of the Sick Leave Policy for which the employee has been disciplined within twelve (12) months of the commencement of the disability, exhaustion of maximum Shared Sick Leave Program days; fraud or misrepresentation in requesting or use of the Shared Sick Leave Program benefits. An employee who was using donated sick leave will not be paid for any unused donated sick leave upon retirement. If a designated critically ill or disabled employee does not use all of the donated sick leave, the donors cannot recover their sick leave donation. Normal sick leave and vacation leave will not accrue while an employee is using paid donated sick leave. 3.11 SICK LEAVE INCENTIVE As .an incentive for not abusing the sick leave policy, employees may earn extra credit for vacation in accordance with the following policy. When you have been employed by St. Lucie County for a minimum of two (2) Rev. 08.02 Section 3- 11 consecutive years and have unused sick time available, you will be entitled to extra paid vacation days as listed in the table below: EXTRA PAID VACATION DAYS 120 hours 1 240 hours 2 360 hours 3 480 hours 4 600 hours 5 720 hours 6 840 hours 7 960 hours 8 1080 hours 9 1200 hours 10 There will be no limit on the amount of sick time accumulated, although extra vacation time will be limited to ten (10) days, regardless of the amount of sick time that the employee may accumulate over 1200 hours. As additional vacation days are earned and taken, they will be deducted from your available sick pay accumulation. For payroll purposes, a vacation day is considered to be eight (8) hours, except for eligible part-time employees whose leave will be pro-rated. Extra vacation days must be taken in eight (8) hour increments only, except for eligible part-time employees whose leave will be pro-rated. Part -time employees must take their full pro-rated day. Employee eligibility will be calculated annually as of September 30th. Employees will be notified of any extra vacation days for which they are eligible. Employees must take this time off during the following fiscal year ending September 30th, or forfeit their extra vacation days. Subject to the approval of the Department/Division Head and County Administrator, employees may receive pay, in lieu of sick incentive vacation days. The hours equal to the pay received will be deducted from the employee's accumulated sick leave. 3.12 FAMILY AND MEDICAL LEAVE In accordance with the Family and Medical Leave Act of 1993, the County will provide up to twelve (12) weeks of job-protected leave (paid or unpaid in accordance with Sections 3.08, 3.09 and 3.13) to eligible employees for certain family and medical reasons. Employees are eligible if they have worked for the County for at least one (1) year and worked at least 1240 hours for the County over the previous twelve (12) months. Rev. 08.02 Section 3- 12 Reasons for Taking Leave: · To care for the employee's child after birth, or placement for adoption or foster care. · To care for the employee's spouse, son or daughter, or parent, who has a serious health problem. · For a serious health condition that makes the employee unable to perform the employee's job. Advance Notice and Medical Certification: The employee must provide 30 days advance notice when the leave is "foreseeable." As appropriate, employee must provide notice of birth or adoption, or medical certification to support a request for leave because of a serious health condition for himself or a member of his/her family. Second or third medical opinions (at the employer's expense) may be required. In the event the leave is due to an employee's serious health condition, a fitness for duty report is required for the employee to return to work. Employees who are not capable of performing the essential functions of their regular positions at the end of Family and Medical Leave lose their reinstatement and restoration rights. Job Benefits and Protection St. Lucie County will maintain the employee's health coverage for a maximum of three (3) months. Employee is required to pay his/her contributions for single or family medical coverage and any other electives by the first of the month. Employees who do not return from leave will be required to reimburse the County for the portion of health insurance premiums paid by St. Lucie County during their Family and Medical Leave. Upon return from Family and Medical leave, the employee (with the exception of key employees as defined by the FML^) will be restored to his/her original position or an equivalent position with equivalent pay, benefits, and other employment terms. The use of Family and Medical Leave will not result in the loss of any employment benefit that accrued prior to the start of an employee's leave. As noted, employees are eligible for twelve (12) leave weeks in a rolling twelve (12) month period. Leave begins on the first day of absence regardless if the employee is using sick or vacation time or is in a no pay status. Rev. 08.02 Section 3-13 Forms to apply for a Family and Medical Leave are available through the Human Resources Department. Employees may also apply by submitting a written request to their Department Head or Division Manager. 3.13 LEAVE WITHOUT PAY The decision to grant a leave without pay (leave of absence) is a matter of administrative discretion, and may only be approved by the County Administrator or his designee. Leaves without pay must be requested by the employee at least two (2) weeks prior to the leave, unless circumstances satisfactory to the County Administrator/designee render advance request impossible. All leave requests must be in writing, and indicate a beginning and an ending date (No leave without pay shall extend beyond ninety (90) days. All approved leaves of absence shall be granted in increments of thirty (30) days or less. Extension may be granted if requested at least seven (7) days prior to the expiration of the leave, and approved by the County Administrator or his designee. The following provisions apply to leave without pay status: An employee granted a leave of absence must keep the department informed of his/her current activity (school, medical, military, etc.) each time a request for extension of the leave is made. An employee, who obtains either part-time or full-time employment elsewhere while on an authorized leave of absence, may be discharged unless specific approval by the County Administrator/designee is received in advance. An employee granted a leave of absence shall contact the Department Head at least two (2) weeks prior to the expiration of the leave in order to facilitate the reinstatement process. Leave without pay shall not begin until after the employee has used all accumulated vacation and/or sick leave. Failure to return to work at the expiration of the leave shall be considered a resignation. No sick leave or vacation shall be accrued by an employee while he/she is on leave without pay. The employee will be responsible for the entire cost of his/her insurance premium while on leave without pay. An effort will be made to return the employee to the position and status held immediately prior to his/her leave of absence. If the employee's former position is filled, he/she may be transferred to a position for which he/she Rev. 08.02 Section 3-14 qualifies, subject to the approval of the Department Head and the County Administrator. If no vacancy exists for which the employee qualifies, he/she will be placed in a layoff status with recall rights. Time spent on leave of absence shall not constitute a break in service. However, the time shall not be credited toward retirement, vacation, sick leave or toward satisfying the probationary period. In exceptional cases, leave without pay may be extended beyond three (3) months with approval of the County Administrator. 3.14 WORKERS COMPENSATION LEAVE During orientation, you will receive a Worker's Compensation Handbook that outlines the managed care program the County has implemented for employees. The handbook explains all procedures to be followed in case of on-the-job injury. It also details the employee's rights and responsibilities. Any employee who is injured in the performance of his/her duties as an employee of St. Lucie County may, if the injury prevents him/her from working in any capacity, be granted a leave of absence. In the event that an employee is injured on the job, he/she must immediately notify his/her supervisor of such injury so proper notification may be provided to the County Worker's Compensation carrier. In the event that the County has a reason to suspect that an accident was caused primarily by intoxication or impairment as a result of an employee's use of controlled substances or alcohol, the County may require the employee to submit to a post-accident drug/alcohol test and/or physical examination. The employee's failure to submit to the drug/alcohol test or physical examination will be considered misconduct, which is grounds for suspension without pay or discharge from employment with the County. Note: all employees involved in accidents that result in injury requiring professional medical care, will be tested for drug/alcohol influence. In no event will an employee receive payments from the County while on worker's compensation leave in an amount in excess of the employee's wages for his/her regular work week. An employee will be paid for his reqularly scheduled hours on the date of an injury or for that part of his reqularly scheduled hours spent receivin.q treatment on the date of the injury. If his/her treatment extends past his/her reqularly scheduled hours that day, he/she will not be paid for the additional time spent in the emer.qency room, etc. After the seventh (7th) day off work, Worker's Compensation coverage pays two-thirds (2/3) of pay. Sick pay, if available, may be used to supplement Worker's Compensation, including the first seven (7) days. Rev. 08.02 Section 3-15 All employees will be required to use available sick leave when leaving work for medical appointments related to injuries or illnesses covered by Worker's Compensation. 3.15 FUNERAL LEAVE In case of the death of an employee's mother, father, foster parents, stepmother, stepfather, grandparents, great-grandparents, grandparents-in- law, step grandparents, sister, brother, stepbrother, stepsister, wife, husband, son, daughter, stepchildren, foster children, grandchildren, mother-in-law or father-in-law, the employee shall be allowed a maximum of three (3) days in- state and five (5) days out-of-state to attend the funeral, at a rate of eight (8) hours per day, provided adequate notice is given to his/her supervisor and such leave is approved by the Department Head/Division Manager. For payroll purposes, Funeral Leave will not be considered as time worked for purposes of determining whether overtime is due. 3.16 JURY DUTY OR WITNESS LEAVE Any employee shall be given necessary time off without loss of pay when performing jury duty or when called by proper authority to be a witness in a legal proceeding concerning St. Lucie County business, provided such call to duty is reported in advance to his/her supervisor and approved by the Division Manager. Any fees paid to the employee for the performance of jury duty or being a witness shall be turned over to the County. The employee, if any, shall retain mileage fees. For payroll purposes, jury duty and witness leave will not be considered as time worked for the purposes of determining whether overtime is due. An employee who is subpoenaed as a prospective juror or as a witness shall be granted leave with pay for up to twelve (12) weeks. In no case shall administrative leave with p.ay be granted for court attendance when an employee is the defendant or ~s engaged in personal litigation, unless such actions are a result of an act performed by the employee as a part of his/her official duties as an employee of the County. 3.17 MILITARY LEAVE Employees who are members of the Florida National Guard or other military reserve units who are duly ordered by their commanding officer to engage in active duty, field exercises, or other training shall be entitled to a leave of absence from their respective duties for up to a maximum of seventeen (17) days. Said employees shall be entitled to the full pay and benefits they would Rev. 08.02 Section 3-16 have otherwise earned during said leaves of absence. If the leave exceeds seventeen (17) days, it will be without pay. Upon the termination of such service, or upon their honorable discharge, they shall have the right to return to their position or a comparable position in the County service, provided such position still exists and they are otherwise qualified, without suffering any loss of standing or seniority of any kind whatsoever. Federal and State regulations may supersede the above. Employees are advised to consult the Human Resources Department for information concerning health and life insurance continuance while on military leave. The County will comply with the Uniformed Services Employment and Re- employment Rights Act of 1995 (USERRA). A copy is on file in the Human Resources Department. An employee drafted or ordered to active duty in connection with reserve activities other than short-term training, as outlined in the first paragraph above shall, upon presentation of a copy of his/her official orders, be granted to a leave without pay extending ninety (90) calendar days beyond the date of separation from the military services. All unused leave benefits shall be retained by the employee who shall have the same credited to his/her records if applying for reinstatement. During such leaves of absence the employee shall be entitled to preserve all rights established by the County Employee Handbook. Upon separation from military service, the employee must request reinstatement within the ninety (90) calendar day period immediately following separation. The County may require the employee to undergo a medical examination and drug test to determine fitness to perform the duties of the position to which he/she may be returning. If the employee volunteers for an additional tour of military duty, he/she forfeits reinstatement rights. 3.18 GENERAL LEAVE PROVISIONS An effort will be made to place an employee returning from an approved non- military leave of absence into his/her former position or in a reasonably comparable position. However, St. Lucie County is unable to guarantee the availability of such a position. If the former position is not available and a comparable available position cannot be found, the employee will be placed on layoff status with recall rights. Rev. 08.02 Section 3-17 Effective dates:, Leave of absences shall be effective the first day of absence and shall continue through the last day of absence. Limitation on Leave Without Pay Fringe Benefits An employee shall not earn annual or sick leave benefits while on leave without pay. Wage Increases The time during which an employee is on leave without pay shall not count toward eligibility for wage increases. An employee shall not receive any wage increases while on leave without pay. The availability of group insurance Federal and State law (i.e. COBRA). An employee will be responsible for the entire cost of their insurance premium while on leave of absence. coverage will be in accordance with 3.19 UNIFORMS pc ............. ~ '"' .......... -~ ............................ u ........... . of The initial uniform supplied to designated employees will consist of one uniform for each scheduled workday in one week. Caps and/or coveralls may DIv ...... 1~ also be supplied to certain designated employees. ' ~"~"~' Department Heads will determine the uniform, within the above guidelines for each position. Uniforms will be supplied initially to designated employees at the County's expense. Uniforms will be replaced by the County at its expense on a yearly basis. All existinq uniforms must be turned in before a replacement is issued. Employees may purchase additional uniforms at their own expense. Employees w be required to sign an acknowledgment for receipt of initial uniforms and each replacement uniform. Newly hired employees will be issued uniforms at the end of their evaluation period. If any employee retires or is terminated less than one (1) year after receiving any uniform, the employee will be charged for the uniform on a pro-rata basis. An employee's rate of compensation for the last week worked before Rev. 08.02 Section 3-18 retirement or termination shall not be reduced below the minimum wage as a result of charges for uniforms. The amount changed will be based upon the number of months until the uniform would have been replaced. For example, if an employee works nine (9) months (3/4 of one year) after receipt of the uniform, the employee will be charged one-fourth (1/4) of the cost of the uniform. All emblems identifying St. Lucie County must be removed from the uniforms and turned into an employee's immediate supervisor upon termination. The emblem must be turned in before final wages and benefits are paid to a terminated employee. A terminated employee may keep any uniform from which the County emblems have been removed. The County shall only supply uniforms which are specifically listed in the current Uniform Contract. No off contract items will be supplied. 3.19.1 Bargaining Unit Employees Certain Barqaining Unit employees will be required to wear a County uniform as a requirement of their job function. Department Directors will determine which positions require uniforms. The wearing of uniforms is mandatory for employees workin,q in those positions. Any exception to wearing of a prescribed uniform will be subiect to the prior approval of the County Administrator or his desi,qnee. Failure to comply with this requirement shall result in disciplinary action. 3.19.2 Non-Bar.qaininR Unit Employees Certain Non-BarqaininR Unit employees will be required to wear a County uniform as a requirement of their job function. Department Directors will make a recommendation to the County Administrator for approval listinq the positions requiring uniforms. The recommendation is to be submitted annually in conjunction with the budget process. The recommendation shall be submitted on the prescribed form and detail the position, type, style and color of uniforms. The wearinq of uniforms is mandatory for employees working in those positions. Any exception to wearing of a prescribed uniform will be subject to the prior approval of the County Administrator or his designee. Failure to comply with this requirement shall result in disciplinary action. 3.19.2.1 Guidelines The following Guidelines have been prepared to assist Department Directors when considering if uniforms are to be recommended: Rev. 08.02 Section 3-19 3.19.2.1 When an employer provides uniforms, Federal tax laws, rulinqs and reRulations stipulate that, in order to be excludable from an employee's wares, the uniforms A) must be required by the employer and B) cannot be adaptable for .qeneral use. If both of these conditions are not met, the value of the uniforms must be recoRnized as compensation and included in the employee's wares and Federal employment taxes must be withheld and paid. 3.19.2.2 Wearin.q a uniform is prohibited except when the employee is on du{'y or commutinq to or from the work site. 3.19.2.3 Consideration as to the method in which uniforms are to be provided (rental, purchase, etc.). 3.19.2.4 Uniforms should be furnished only under those circumstances in which the benefits far outweiqh the costs of providinq uniforms. Such cimumstances include, but may not be limited to: a. fostering public safety: when the employee must be readily identifiable to the public as a fiqure of authority or when the employee's duties require frequent access to private property in an official capacity; b. maintaining employee safety; where the uniform provides a deqree of protection not afforded by street wear (i.e. overalls, smocks, .qoqqles, etc.); c. preventing employee hardship; where the nature of the iob soils or destroys clothinR considerably faster or to a much .qreater extent than is occasioned by normal wear and tear; and d. adhering to professional or trade practices; where certain types of dress conform to the expectations of society. 3.19.2.5 Except when there are clear and compellin.q circumstances to the contrary, uniforms should only be provided to those employees whose duties put them in frequent, reRular and repetitive contact with the public and the nature of that contact requires the exercise of authority by the County employee. 3.19.2.6 Uniforms a. should enhance employee or orqanizational morale; b. should auqment an employee's compensation; or c. should substitute for a normal, common sense dress code or the enforcement of such a code. 3.19.2.7 Uniform colors and styles should not be: a. radical in desiqn or of a style likely to reflect poorly on the County; b. misleadin.q as to the nature of the iob; c. suitable for use as street wear; or, d. easily confused with uniforms used for other purposes. 3.19.2.8 Expenditures for uniforms shall not be made when such expenditures would, under Federal income tax or employment laws, Rev. 08.02 Section 3-20 result in additional compensation to the employees with respect to whom such expenditures would be made. Rev. 08.02 Section 3-21 SECTION 4 - MAKING THE COUNTY A BETTER PLACE TO WORK 4.00 CODE OF WORKPLACE CONDUCT It is the intention of St. Lucie County that effective supervision and sound employee relations will remedy issues or situations that would otherwise necessitate disciplinary action. The purpose of having work rules and taking disciplinary action for violating such rules is to insure that County operations are safe and efficient for employees and the citizens served. The administration of discipline will be constructive, equitable and consistent, and when appropriate, progressive in nature, it should be noted that this Handbook is not intended to create a contract between the County and an employee, but to provide information on the policies and benefits currently in place for County employees. Applying Disciplinary Actions There can be no mechanical formula for the application of disciplinary action. Each instance of improper conduct or deficiency will be viewed and judged on the merits of that situation. First offenses typically will result in an oral or written warning. Succeeding offenses will justify stronger disciplinary actions until the employee corrects the problem or, failing this, is discharged. In determining the appropriate disciplinary action, the following will be taken into consideration: 1. The seriousness and circumstances of the particular offense. 2. The past record of the employee, including length of service. The lapse of time since the employee last required a disciplinary action. 4. County practices in similar cases. Types of Disciplinary Action Oral Warning: an employee's supervisor or manager will discuss the incident of misconduct or deficiency with the employee and make note of it in division department records. A copy will be placed in the employee's personnel file. Wdtten Reprimand: an employee's supervisor or manager will document an incident of misconduct or deficiency in a memorandum or notice to the employee. A copy will be placed in the employee's personnel file. Rev. 08.02 Section 4-I Suspension Without Pay: An employee will be notified by his/her supervisor or manager at the time of the suspension of the reason for the action and the correction expected. Written notification will also be given to the employee within five (5) working days of the first day of suspension. The Department Director, Human Resources Director, and the County Administrator must approve the action before it is implemented. A copy of the notice will be placed in the employee's personnel file. Discharge: An employee will be notified by his/her supervisor or manager at the time of the discharge of the reason for the discharge. Written notification will also be given to the employee in writing within five (5) days of the discharge. The Department Director, Human Resources Director, and the County Administrator must approve the action before it is implemented. A copy of the notice will be placed in the employee's personnel file. · See Section 1.10 for pre-termination hearing rights. Type of Offenses - Major A major offense is misconduct so serious in nature that discharge is appropriate without regard to an employee's length of service, prior record or any other consideration. The following are examples of such offenses, but they are not to be considered all-inclusive: · Assault on an employee or member of the public · Gross insubordination · Consuming alcohol or using, buying, selling or manufacturing illegal drugs while on duty · Falsification of a public record or document · Use or threatened use of a weapon while on duty · Unethical conduct as specified in Chapter 112, Florida Statutes (copy available for reading in Human Resources Department) · Being found guilty or pleading guilty or nob contendere to any crime related to employment · Theft Types of Offenses -Other Offenses are instances of misconduct or deficiencies that do not automatically fall into the major offense category but warrant disciplinary action. Note that Rev. 08.02 Section 4-2 any of the following offenses, depending on the particular circumstances, could be considered a major offense resulting in discharge. Note also that because the County follows progressive discipline, repeated offenses will likely result in suspension and/or discharge from employment. The following list of offenses includes situations that require disciplinary action up to and including discharge. This list is not and cannot be all-inclusive, but is meant to provide illustrative examples only: · Insubordination · Failure to perform assigned tasks · Failure to follow instructions or directions · Tardiness · Absenteeism · Unauthorized distribution of materials on County premises or while on duty · Unauthorized solicitation or sales on County premises or while on duty · Use of profane or obscene language · Absence from work without authorized leave · Leaving work station without authorization · Sleeping while on duty · Revealing privileged or confidential information to unauthorized persons · Gambling while on duty · Misappropriation of funds · Fighting or acts of violence, including threats, corporal punishment or verbal or physical abuse of an employee or the public · Destruction, abuse of or unauthorized use of County property or equipment · Violating or failing to follow established County or Departmental rules and policies · Indecent or immoral behavior while on duty Rev. 08.02 Section 4-3 · Neglect of the safety of others or committing unsafe acts while on duty · Discrimination in employment decisions · Violation of the County's anti-harassment policy · Inadequate performance or incompetence · Intentional misrepresentation of a claim for veteran's preference Indictments Employees formally charged with a felony (by indictment, information or otherwise) will be suspended automatically without pay. The suspension will continue until any such charge is finally resolved by a trial, by dismissal or quashing of the charge, or otherwise. Employees found guilty, or who enter a plea of guilty or nob contendere, will automatically forfeit their position in County service. If the charges are dismissed or quashed or the employee is acquitted, the employee will be reinstated. Disciplinary action taken in response to any other resolution of the charges will be handled on a case-by- case basis. 4.01 CODE OF ETHICS It is the policy of the County that no officer or employee of the County shall have any interest, financial or otherwise, direct, or engage in any business or transaction or professional activity or incur any obligation of any nature which is in substantial conflict with the proper discharge of his/her duties in the public interest. The County shall require strict adherence to the provisions of Chapter 112, Part III, Florida Statues, entitled "Code of Ethics for Public Officers and Employees." No officer or employee of the County shall accept or solicit any gift, favor, or service, which might tend to improperly influence him/her in the discharge of his/her official duties. Employees may not accept any item or items of value greater than $100.00 per year in the form of loans, advances, "kickbacks" or other gifts, gratuities, favors and entertainment from a supplier, bidder, other parties doing business with the County government or from a non-related County employee (such as a supervisor or Department Director). No officer or employee of the County shall use, or attempt to use, his/her official position to secure special privileges or exemptions for himself/herself, or others, or for personal gain or benefit. No officer or employee of the County shall accept employment or engage in any business or professional actMty in which he or she might reasonably expect or would require or induce him or her to Rev. 08.02 Section 4-4 disclose confidential information acquired by him or her by reason of his or her official position. If an officer or employee of the County is an officer, director, agent, member of, or owns a controlling interest in any corporation, firm, partnership, or other business entity which is subject to the regulations of, or has substantial business commitments from the County, he or she shall file a sworn statement disclosing such interest with the Clerk of the Courts and provide a copy to the County Administrator. No officer or employee of the County shall accept other employment, which might create continuous or frequent conflict of interest or impair his/her independence of judgment in the performance of his or her public duties. All full-time County officers or employees shall report in writing other employment and the nature of the employment to their supervisors. No officer or employee of the County shall receive any compensation for his/her services as an officer or employee of the County from any source other than the County, except as may be otherwise provided by law. No officer or employee of the County shall use County time, materials, or property in the pursuit of outside business or employment. No officer or employee of the County shall take part in any business transaction in violation of Section 112.313(3), Florida Statutes. 10. No officer or employee of the County shall have personal investments in any enterprise, which will create a substantial conflict between his/her private interests and the public interest. 11. No officer or employee of the County shall endorse or in anyway indicate his/her approval of a product or service in a manner that would imply he/she was representing the County or that the County also endorses the product or service. It is not the intent of these rules to prevent any officer or employee of the County from accepting employment that does not interfere in any way with the full and faithful discharge of his/her duties to the County. In addition to the penalties provided in Section 112.317, Florida Statutes, for violations of Chapter 112, Part III, violations of these policies shall constitute grounds for discharge from employment or other disciplinary action. Rev. 08.02 Section 4-5 4.02 POLITICAL ACTIVITY No employee shall use his/her official authority as an employee to influence or attempt to influence, coerce, or attempt to coerce a political body or to in anyway interfere with any nomination or election of any person to any public office. All employees desiring to run for a public office must follow the provisions of Section 99.012, Florida Statutes. The County requires that all such employees subject to the law must, at a minimum, either resign or take a leave of absence without pay, at the employee's option, upon qualifying to run. If an employee elects to take leave of absence without pay, the employee may also elect to use any and all annual leave available to him/her prior to the leave of absence without pay except as otherwise stated by Florida Statute. Employees may not hold or be a candidate for public office unless such candidacy or holding of office is authorized by the County Administrator as involving no interest which conflicts, or activity which interferes, with their duties as an employee. Request for authorization to hold or be a candidate for public office must be submitted in writing to the County Administrator no later than thirty (30) days prior to the deadline for qualifying for the office. The County Administrator or designee will authorize or deny the request within ten (10) days of its receipt. An employee who qualifies as a candidate for or holds office without first obtaining authorization in accordance with this section will be ineligible for continued employment and will be deemed to have resigned from County employment. The use of St Lucie County employee work time or equipment, supplies or funds to assist candidates for public offices is prohibited. 4.03 CONFLICT OF INTEREST Employees in a position to influence County actions shall refrain from business, professional and other relationships which may affect the exercise of th.eir independent judgment in dealing with County suppliers of goods or services or with other public agencies (this section is not meant to prohibit such incidentals as lunch, dinner or minor social activity). An outside personal economic relationship which affords present or future financial benefits to an employee, his family or to individuals with whom he/she has business or financial ties may be considered a conflict of interest requiring evaluation by the County Administrator. It may be a conflict of interest for an employee to be engaged in a private business or financial relationship, which may secure advantage of goods, services, or influence due to the position of the employee with the County. Rev. 08.02 Section 4-6 An employee having a conflicting outside personal economic relationship, under the conditions specified above, shall disclose in a written statement to his/her Department Director or Division Manager at six month intervals, the nature and scope of his/her outside personal economic interest and the extent of financial benefit received. If the employee is in doubt about being engaged in a conflict of interest, it is the employee's responsibility to seek clarification from his/her Department Director or Division Manager. If conflict of interest is found to exist, the Department Director or Division Manager will resolve the matter with the employee. Statements of an employee outside economic interest shall be transmitted to the County Administrator, the Human Resources Department, and the County Clerk of the Courts. It may be a conflict of interest for an employee to designate sources for procurement or procurement of pads, materials, services, supplies and facilities by purchase or lease, or to sell or lease to the County in his/her own name or in the name of others. 4.03.01 DISCLOSURE OF INFORMATION Information, which is obtained in the course of official duties, shall not be released by any employee other than those charged with this responsibility as a part of their official duties and must be approved by the County Administrator before release. 4.04 ATTENDANCE AND PROMPTNESS The importance of getting to work on time and being present every day should need no explanation. If you must be absent or are going to be late, it is your responsibility, to notify the Division Manager or your supervisor no later than thirty (30) minutes after the beginning of the scheduled workday. Please check your department rules for individual call-in regulations. 4.05 OUTSIDE EMPLOYMENT All employees holding outside jobs of any type shall communicate in writing the nature of these jobs to their Division Manager. The Manager shall submit this information to the Human Resources Department. The Human Resources Department will review these outside job requirements to assure that there is no violation of the conflict of interest laws and regulations established by the State and County. During working hours, the employee is to be concerned strictly with the business of the County and the duties of his/her position. At no time during Rev. 08.02 Section 4-7 working hours shall the employee perform any services or make or receive any telephone calls that are not a part of the employee's job responsibilities with the County. 4.06 EQUAL OPPORTUNITY EMPLOYMENT The Board of County Commissioners, St. Lucie County, is committed to the principals of equal employment and affirmative action, and will assure compliance with all Federal and State laws concerning discrimination in employment. All directors, managers, and supervisors are responsible for assuring that employment promotion and development decisions are based on the principal of equal treatment. To this end, we will continue to recruit, select, train, hire, compensate, promote and deal with all applicants and employees equally and fairly without discrimination due to race, sex, age, national origin, religion, disability, sexual preference or marital status. 4.07 AMERICANS WITH DISABILITIES ACT (ADA) POLICY The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against individuals with disabilities because of their disabilities, or against individuals perceived as having disabilities. The ADA applies to the St. Lucie County Board of County Commissioners (BOCC). Therefore, we intend to ensure that individuals with disabilities who are employed by us, as well as persons applying for jobs with us, are treated fairly and given opportunities equal to those provided to others working or seeking to work here. The ADA prohibits discrimination against people with disabilities and people perceived as having disabilities in every aspect of employment: Recruitment, advertising, and job applications/procedures, hiring, upgrading, promotion, demotion, transfer, layoff, termination, and right of return from layoff. · Rates of pay or any other form of compensation and changes in compensation. · Job assignments, job classification, organizational structures, position descriptions, lines of progression, and seniority lists. · Leave of absence, sick leave, or any other leave. · Fringe benefits by virtue of employment, whether or not administered by the employer. Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training. Rev. 08.02 Section 4-8 · Activities sponsored by the employer, including social and recreational programs. · Any other term, condition, or privilege of employment. The ADA requires that we do not exclude or isolate persons with disabilities; be willing to modify the format of applications (such as putting them in big print or on audio tape) or to offer assistance in completing them; hold testing and interviewing in accessible locations (so people who use wheelchairs may participate, for example); provide reasonable accommodation so that an individual with a disability may perform the essential functions of his/her job; and engage in other actions that will make it easier for people with disabilities to participate in the work of the BOCC departments. The BOCC is committed to complying with these ADA requirements. We encourage all employees to help us achieve this objective. If you believe that you or someone else has been discriminated against based on an actual or perceived disability or if you have any questions, concerns or suggestions relating to the ADA, contact the Human Resources Department. The ADA does not require preferential treatment for individuals or lower qualification standards. The law does require consideration of reasonable modifications regarding how qualified individuals with disabilities demonstrate their abilities and skills and perform the essential functions of their jobs. We should all work together to see that such opportunities are available for persons with disabilities. 4.08 DRUG FREE WORK PLACE POLICY St Lucie County strives to provide a safe work environment and encourages personal health. In regard to this, the County considers the abuse of drugs on the job to be an unsafe and counterproductive work practice. Furthermore, we see substance abuse as a serious threat to our employees and the citizens of the County. With these objectives in mind, the County has established the following policy with regard to the use, possession, or sale of alcohol and illegal drugs at work. All job applicants receiving a conditional offer of employment will undergo screening for the presence of illegal drugs as a condition of employment. Applicants will be required to voluntarily submit to a urinalysis test at a laboratory chosen by the County and sign a consent agreement releasing the County from liability. Applicants with positive test results will be denied employment but may initiate another employment application with the County after six (6) months. Rev. 08.02 Section 4-9 The County will not discriminate against applicants for employment because of past abuse of drugs. It is the current abuse of drugs, which prevents employees from properly performing their jobs that the County will not tolerate. Employees are expected to report to work without alcohol, illegal drugs, or non-prescribed controlled substances in their body system. This requirement is based on the fact that any measurable amount of alcohol or illegal drug can impair a person's performance, even if the impairment is not readily apparent. While employees are responsible for their own choice of life-style, the County will not tolerate even a small risk that alcohol or illegal drug use by employees may cause or contribute to injuries, property damage, or other performance problems. Safety is a concern to all of us; therefore, our employees should report anyone they suspect may be under the influence of drugs or alcohol. As a requirement of employment with the County, the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol is prohibited and may result in discharge. Any employee convicted for violation of criminal drug statute for activities which occurred in the County work place shall be required to notify the Human Resources Department no later than five (5) days after such conviction. Employees found in possession of, using, selling, trading or offering for sale alcohol and/or illegal drugs during working hours, whether on County premises or not, will be discharged. Substance abuse includes possession, use, purchase, or sale of alcohol and/or drugs on County property (including parking lots). It also includes reporting to work under the influence of drugs. An employee reporting to work noticeably impaired will not be allowed to work. If possible, the supervisor will first seek another supervisor's opinion of the employee's status. Then the supervisor will speak privately with the employee to observe and rule out any problems that may have been caused by substance abuse. If in the opinion of the supervisor there is a reasonable suspicion to consider the employee impaired, the employee will be taken to a medical facility by a County employee, (an impaired employee should not be allowed to drive), depending on the determination of the observed impairment. The County reserves the right to require an employee to submit to a drug- screening if the employee is returning from or is on an extended leave. Drugs prescribed by the employee's physician may be taken during work hours. The employee should notify the supervisor if the use of properly prescribed medication would affect the employee's work performance. Abuse of prescription drugs will not be tolerated, and will be grounds for discharge. It is the responsibility of the County's supervisors to counsel an employee whenever they see changes in performance that suggest an employee problem. The supervisor may suggest the employee seek help with the problem using the Employee Assistance Program (EAP). A supervisor may Rev. 08.02 Section 4-10 also decide the severity of the observed problem is such that an involuntary referral to the EAP should be made. Failure to submit to required medical or physical examination or tests is insubordination and is grounds for suspension without pay or immediate discharge from employment with St. Lucie County. 4.08.01 CONTROLLED SUBSTANCE AND ALCOHOL USF TESTING The County reserves the right to require all employees to be tested for the use of alcohol, drugs, or controlled substances (hereinafter "drugs test," or "testing"). If a Federal or State law or regulation requires random or other types of drug testing of any employee, the County will begin conducting such testing of employees as soon as required and as provided by the law. All testing will be done at certified facilities. SECTION 1 The County reserves the right, at anytime, to request any employee to take a drug test and/or physical examination based on reasonable suspicion. Reasonable suspicion is a belief that an employee is using or has used drugs in violation of the Employee Handbook, drawn from specific, objective, and articulate observations and reasonable inferences drawn from those observations. Among other things, such facts and inferences may be based upon: Observable phenomena while at work, such as a direct observation of drug or alcohol use or of the physical symptoms of manifestation of being under the influence of a drug or alcohol. 2. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. 3. A report of drug or alcohol use, provided by a reliable and credible source. 4. Evidence that individual has tampered with a drug or alcohol test during his employment with the County. 5. Information that an employee has caused, contributed to, or been involved in an accident while at work. Rev. 08.02 Section 4-11 6. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs, or alcohol while working or while on County premises or while operating County vehicle, machinery, or equipment. SECTION 2 The testing outlined for drugs above will be administered in accordance with the following provisions: Any employee may be subject to an investigation based upon reasonable suspicion, which may include, but not be limited to, drug detection and testing, urinalysis, saliva testing, or any other medically recognized testing procedure. Prior to being tested, the employee will be given the opportunity to present any evidence of legal substances he/she has taken which may affect the accuracy of the test results. If an employee is ordered to be tested based upon reasonable suspicion, the County in its sole discretion, shall decide whether the employee should be returned to a limited duty capacity. If relieved of duty, the employee will be suspended without pay. If permitted to continue working pending the results of the testing, the employee will not be permitted to operate any equipment or perform any function that could present a danger to the health, safety, or welfare of the public, coworkers, or the employee, and shall not be permitted to operate a motor vehicle. If the test results are negative for the presence of drugs, an employee who has been suspended will be paid for the scheduled time not worked. Voluntary Rehabilitation: An employee who has not undergone rehabilitation while employed with the County for a substance abuse problem previously and who has not been asked to be tested based upon reasonable suspicion may be granted a leave of absence, without pay, for up to thirty (30) days to seek rehabilitation. The County may approve up to a fifteen (15) day extension of this leave upon application by the employee. The employee may be entitled to use accrued vacation and/or sick leave if the employee so requests, during this period. The decision to investigate and conduct drug testing shall be made by the County Administrator or his designee. Should the employee refuse to cooperate with the investigation and/or drug test, the employee will be terminated. Any employee recommended for termination pursuant to this provision may appeal the recommendation through the Problem Solving Procedure set forth in this Employee Handbook Should the investigation and/or drug test substantiate the influence, use or presence of drugs, the following procedural steps will be followed: Rev. 08.02 Section 4-12 The employee will be placed on unpaid leave of absence for up to thirty (30) days. The County may approve up to a fifteen (15) days extension of this leave upon application by the employee. Employees shall be entitled to use accrued vacation and/or sick leave during this period, if they so elect. The individual employee shall have the right to have his/her original specimen tested by an approved laboratory of his/her choice in rebuttal to the initial test, and present such test results to the County. This test will be accomplished at the sole expense of the employee. If there is a conflict between the first and second test, the County shall have the right to request a third test of the original specimen by a laboratory of the County's choice. If this final (third) test reverses the County's original finding, the employee will be reimbursed for the second test and paid for scheduled time not worked. This retesting, which is available at an employee's option, does not take the place of the testing procedures outlined in paragraphs 48 and 4C of this section. The employee may also exercise, however, this retesting option when given the tests outlined in paragraphs 48 and 4C of this section. After completing the rehabilitation program and prior to returning to work from the leave of absence described in paragraphs 2 and 4A of this section, the employee will be given a drug test. If the drug test is positive, the employee will be discharged. At the sole discretion of the County Administrator, an employee may be allowed to return to work temporarily before completing his/her rehabilitation program. An employee returning to work under such circumstances shall not be permitted to operate any equipment or perform any function that could present a danger to the health, safety, or welfare of the public, co-workers, or the employee, and shall be permitted to operate a motor vehicle. Further, an employee returning to work before completing his/her rehabilitation program will be given a drug test on a day and time of the County's choosing, between the 31st day and the 45th day after the first specimen was taken. If the drug test is positive, the employee will be discharged. As a condition of returning to work.following the leave described in paragraphs 2 and 4A of this section, the employee must submit to periodic drug testing during the following two (2) year period upon the demand of the County and without prior notice to the employee. An employee found to be unable to pass a drug test in the future will be discharged. SECTION 3 The sick leave, vacation, and leave of absence without pay referred to in this section shall be taken in accordance with the provisions of this Employee Handbook. Rev. 08.02 Section 4-13 SECTION 4 If the County Administrator or his designee finds that the employee's use or possession of any drug has detrimentally affected the County's interest, the employee may be discharged rather than being afforded the opportunities of rehabilitation. This provision does not prevent the County from disciplining an employee for any violation of the Code of Workplace Conduct, departmental rules and regulations, or other provisions of the Employee Handbook, that may occur regardless of whether it is in the connection with the use or abuse of controlled drugs or substance. SECTION 5 An employee will receive a copy of his/her test results from the Human Resources Department upon request. 4.09 SEXUAL HARASSMENT POLICY It is the County's policy that all employees should be able to work in an environment free from all forms of discrimination, including sexual harassment. The County will not tolerate any form of sexual harassment of employees by anyone at any level, including department heads, managers, supervisors, other employees, or the public. SEXUAL HARASSMENT DEFINED The Equal Employment Opportunity Commission defines sexual harassment as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when: 1) submission to the harassment is made a term or condition of employment, 2) submission to or rejection of the harassment is used as the basis for employment decisions, or 3) the harassment unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive working environment. Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is disrespectful, unwelcome, and personally offensive. FILING A COMPLAINT Employees who believe they have suffered sexual harassment should immediately report it to their supervisor, the Human Resources Director, or any other member of management. It is the responsibility of all management' level employees to initiate an investigation by contacting the Human Resources Director immediately upon hearing about or seeing any possible incidence of sexual harassment. No.adverse action will be taken against an employee for filing a complaint. Rev. 08.02 Section 4-14 COMPLAINT INVESTIGATION The County will aggressively and timely investigate all complaints of sexual harassment. The Human Resources Director or designee and an appropriate manager from the complainant's dept. shall interview the accused, witnesses and others as may be necessary. Their findings will be presented to the Sexual Harassment Complaint Review Committee for review. The Committee will make a recommendation concerning disciplinary action to the County Administrator. In the event that the County Administrator is the accused employee, the Committee will make their recommendation to the Board of County Commissioners. SEXUAL HARASSMENT COMPLAINT REVIEW COMMITTEE The Sexual Harassment Complaint Review Committee shall be comprised of the Assistant County Administrator or designee, and an employee with at least ten (10) years of service, appointed annually by the County Administrator. In the event one of the members is the accused employee, he/she will not participate in any way in the review and the County Administrator may designate a replacement. 4.10ACCIDENT REPORTING All accidents or incidents must be reported immediately following their occurrence. Employees must immediately notify their supervisor or the Safety Officer in the Risk Management office of the Human Resources Department. When an accident or incident occurs in which there is either an injury or suspected injury, appropriate and timely medical attention must be obtained for the injured party or parties. It is the employee's responsibility to report all !niuries immediately so that medical attention can be provided and necessary ~njury report forms filled out. Failure to report injuries immediately following their occurrence could result in loss of benefits. It is the supervisor's responsibility to notify the safety Officer immediately and assist the Safety Officer in determining the factors that led to the accident/incident. As appropriate, recommendations to prevent recurrence of a similar nature will be made by the Safety Officer, supervisor, and the Safety Committee. The supervisor must complete and forward to the Safety Officer, with a copy to the Risk Manager, the following reports: First Report of Injury, Accident/Incident or Loss Report, and Accident Report Form. 4.11 RESPONSIBILITY OF COUNTY DRIVERS Regardless of the employee classification and whether or not a County employee drives a County-owned vehicle on a regular basis or just occasionally, employees are responsible for the proper care and operation of that vehicle. Every employee who operates a County owned vehicle is Rev. 08.02 Section 4-15 responsible for obeying all traffic laws and for compliance with the rules set forth in these Guidelines. OPERATORS LICENSE A valid Florida vehicle operators license must be in an employee's possession at all times while operating a County-owned vehicle, in the case of commercially rated vehicles, the proper license for weight and class must be valid, and in the possession of the driver. A current valid license is not one that is coded as restricted to, to/from work or for work purposes only. An employee whose position requires him/her to operate motor vehicles and whose driving privileges are suspended or revoked by a court of law, must report this fact to his/her immediate supervisor immediately. Failure to report the loss or suspension of driving privileges constitutes an offense under the Personnel Handbook. Employee driver's licenses will be checked semi-annually by the Human Resources Department. If during the year, a department or division feels it is necessary to check a license on a particular individual, they may do so by contacting the Human Resources Department. New hires will have their drivers license checked before starting work or not later than the first thirty (30) days of employment. Only individuals with good driving records will be permitted to work in positions, or volunteer for positions that require them to drive. Any employee convicted of a DUI or DWI while operating their personal vehicle shall be suspended from operating a County vehicle for at least 1 (one) year from the date of conviction. The County Administrator may increase the time of the suspension based on circumstances including, but not limited to, the past county vehicle driving record of the person convicted of the DUI or DWI. PRE-OPERATION Before operation, the driver will check the vehicle for any damage to the body or interior that may have occurred since the last period of operation. Particular attention should be given to the following items, parts, and accessories to determine that they are in satisfactory condition and good working order: · Brakes, including parking brake, · Headlights, rear lights, brake lights, turn signals, · Horn and windshield wipers, · Steering mechanism, · Mirrors - side view and rear, · Tires, · Seat belts, · Back up alarm, · Fire extinguisher, · First Aid kit. Rev. 08.02 Section 4-16 Any defect should be reported to the driver's supervisor prior to departing with the vehicle. The driver is also responsible for assuring that the proper oil level is maintained and that proper fluids are added whenever needed. These items should be checked each time fuel is added to the tank. No employee shall be asked to operate or shall operate a County-owned vehicle that is unsafe for off-road or on-road operations, or does not meet the minimum standards of Florida Statutes. USAGE GUIDELINES County-owned vehicles are to be used only for official County business. They must not be used by employees for personal reasons, except as provided for under the Vehicle Assignment Policy. OUT OF COUNTY TRAVEL/MEETING ATTENDANCE All use of County vehicles for out of County or late evening trips must be approved by the Department Head for the vehicle involved. The department head or division head should keep a dated record of exceptional uses, including justification for each use. LUNCH BREAK USE Lunch use of County vehicles is prohibited by department policy. When in the department head's judgment, an individual or crews' use of a vehicle during lunch is operationally efficient, such use is permitted. TRANSPORTING PERSONS IN COUNTY VEHICLES Professional associates and private citizens will not be transported in County vehicles unless such persons are being transported on official business, law enforcement matters, or as approved in writing by the County Administrator. Persons transported as such should have the same destination as the County employee and such use should not require other County employees with the same destination to drive additional vehicles. Family members may not be transported in a County vehicle, except as authorized in writing by the County Administrator. TRANSPORTING EQUIPMENT OR PROPERTY When items of equipment, property, supplies, etc. are being transported, the driver will assure that all items are properly secured or tied in place to prevent them from shifting or falling from the vehicle. Rev. 08.02 Section 4-17 RIDING ON FENDERS, HOODS OR RUNNING BOARDS No person shall be allowed to ride on running boards, fenders, hoods, tailgates, dump beds, flatbeds, or rear racks of vehicles when the vehicle is operating. OBSTRUCTION TO DRIVER'S VIEW No driver shall drive any vehicle when it is loaded so that the load obstructs his/her view ahead, to the right or left side, or to the rear, or interfere with his/her control over the driving mechanism of the vehicle at any time. UNATTENDED VEHICLES No person driving or in charge of a motor vehicle will permit it to be unattended without first stopping, turning the engine off, removing the key, effectively setting the brake, locking all doors, and when standing upon any grade, turning the front wheels to the curb or side of the roadway. STRIKING UNATTENDED VEHICLE If a moving County vehicle strikes a standing or unattended vehicle or other property, the driver shall immediately stop and endeavor to locate the owner. The driver shall call 911 for a police report to be completed. The driver should also contact the Personnel/Risk Department. FLAGS ON PROJECTED LOADS Any vehicle having a load which extends more than four (4) feet beyond the rear shall have the end of the load marked with a red flag which shall be at least a twelve (12)- inch square. COUPLING DEVICES A driver whose vehicle is towing a trailer, dolly or other equipment will assure that the trailer hitch is securely latched and that safety chains are properly attached. ALCOHOLIC BEVERAGES OR NARCOTIC DRUGS No person shall drive or be permitted to drive a County-owned vehicle while in the possession of, or under the influence of any alcoholic beverage or non- prescription controlled substance. Employees who take prescribed medication or over-the-counter medication that could affect their driving abilities must report the use of that medication to their immediate supervisor before operating a County-owned vehicle. At all times carrying or transporting alcoholic beverages and/or controlled substances in County vehicles or any other vehicle being utilized for County purposes is prohibited. Rev. 08.02 Section 4-18 OPERATIONS IN PUBLIC WAY Whenever work requirements make it necessary for a County-owned vehicle to block or obstruct traffic, the driver will place warning signs and/or traffic cones to warn oncoming motorists of the obstruction. Warning signs will be placed far enough from the standing vehicle to give on-coming motorists adequate time to stop safely. Distance would be determined by: Street and weather conditions; · Speed limit in the area; · Whether the vehicle is standing on a straight or curved roadway, Vehicles so equipped will use revolving yellow lights or blinkers as additional warning devices, In all cases, spacing requirements as determined by the State of Florida shall be the minimum standards required. USE OF SAFETY RESTRAINTS The County recognizes the proven effectiveness of seat belts in reducing fatalities and severity of injuries from motor vehicle accidents. Accordingly, all County vehicles must be equipped with seat belts and all occupants of County vehicles must properly wear seat belts. BACKING OF VEHICLES Whenever possible, the driver will position his/her vehicle so as to avoid the necessity of backing later. Before entering the vehicle, the driver shall check the rear clearance of the vehicle. The driver shall not back the vehicle unless such movement can be made with reasonable safety and without interfering with other traffic. The driver of a large truck or similar vehicle with an obstructed view of the rear shall not back such vehicle unless an observer signals that it is safe to do so. When an observer is unavailable, the driver shall stop and exit the vehicle to visually check the area behind the vehicle before backing. During the backing procedure, the driver will .continuously tap the brake if a back-up alarm is not installed. Before and during backing movements, the driver will: · Check blind zones for objects not visible in rear-view mirrors, · Watch both sides for proper clearance, · Back up very slowly Rev. 08.02 Section 4-19 RENTAL CARS When it is necessary for a County employee to use a rental car on a short- term basis, such as during out-of-town travel for business purposes, the County's automobile liability and physical damage insurance coverage will be applicable. If the employee also uses the rented automobile for personal purposes, the employee should review his/her personal automobile insurance to confirm coverage for short-term or incidental rental. In the absence of such personal coverage, the employee should consider the purchase of insurance through the rental agreement. PERSONAL VEHICLES FOR COUNTY BUSINESS The County's self-insurance fund provides coverage for a County employee who, at the request of his/her supervisor, uses his/her personal vehicle to transport other County employees on County business or to perform duties within the scope and course of employment. Employees should be aware that the County's coverage is secondary to the coverage afforded by any insurances maintained by an employee on his/her vehicle. In most cases, the employee's insurance policy provides coverage for incidental business use of the vehicle for the benefit of the employer, and Makes The Employer An Additional/ Named Insured Under The Policy, Employees so using their vehicles are reimbursed according to state guidelines. IN THE EVENT OF AN ACCIDENT An accident is an unplanned, undesired event, not necessarily injurious or damaging, that disrupts the completion of an activity. Accidents involving the public or public property. All motor vehicle accidents, regardless of how minor, involving a County vehicle and the public on other than County property must be reported to and investigated by the appropriate law enforcement agency. B. Notify your supervisor immediately after contacting the law enforcement agency. Supervisors shall notify the Safety Officer in the Risk Management Office of the Human Resources Department promptly so appropriate guidance and assistance may be provided. Rev. 08.02 Section 4-20 Accident Reporting: Any employee(s) involved in the accident, if not injured or a supervisor who has the ability to respond to the accident scene, shall make every effort to: Complete the County Vehicle/Accident report while on the scene. Employees should refer to the Accident Reporting Packet contained in the glove box of each County vehicle. Take photographs of the scene showing position of vehicles, damage, surrounding conditions or other pertinent subject, if cameras are available. Obtain information pertaining to the driver(s) of the other vehicle(s) prior to departure. Information should include: a) Full name, address, telephone number (home and work) b) Driver license number c) Insurance carrier's name, address, telephone numbers d) Vehicle(s) make, model, color, year and name of owner e) In the event of injury, the name of the injured and the hospital to which transported, Obtain witness statements, names and telephone numbers; Obtain the name or the law enforcement officer and agency; Obtain the police case number assigned to the accident. Ro County employees shall make statements concerning the accident ONLY to law enforcement personnel, County supervisors, and authorized personnel by the Human Resources/Risk Management Office. Employees should provide the other party, upon request, the employee name and address. Rev. 08.02 Section 4-21 3. Accident Scene Responses: A. Use a communications radio to call for assistance. B. Move vehicle(s) from traffic lanes whenever possible. If unable to move the vehicle(s) from the traffic lane, employees should protect the vehicle(s) and personnel by setting up reflectors along the approach to the accident scene. Vehicle accidents involving County property but not involving the public shall: 1. Report all accidents, however minor, to your supervisor immediately Supervisors shall notify the Safety Officer in the Risk Management Office of the Human Resources Department immediately so that assistance may be provided as warranted. 3. Complete the County accident vehicle report and have it reviewed and signed by the driver's supervisor. Classification of Accidents Accidents may be classified into two categories. Preventable and Non- Preventable. The definition of each is: Preventable: If the driver failed to reasonably exercise every defensive skill to prevent the accident. Non-Preventable: If the driver reasonably exercised every defensive driving skill to prevent the accident and it still occurred. Disciplinary Action When an employee is involved in an accident and it is determined that the accident was preventable, the following disciplinary actions may be imposed. This is a guideline for supervisors to use in order that a level of consistency is used in such disciplinary actions. Other violations of the Code of Workplace Conduct are contained in Section 3 of the Employee Handbook. Rev. 08.02 Section 4-22 ~Suggestecl 1st Accident Preventable Disciplinary Action Wntten reprimand: ;satety presentation Minor Less than $1,000 to any vehicle, no to their dept. Defensive driving course- injury to equipment or property. 4 hours. Written reprimand: 1 day suspension $'1,000 - $3,000 to any vehicle, without pay and Defensive driving Moderate equipment or property and/or medical treatment only-injury. Written reprimand: Defensive driving $3.000 or more to any vehicle, equipment or property and/or disabling without pay, which may lead up to Severe injury with lost time. indefinite suspension of tidying privileges and including discharge. SUGGESTED DISCIPLINARY 2nd Accident WITHIN 1 YEAR PREVENTABLE ACTION Minor W~tten reprimand: 1 day suspension Less than $1,000 to any vehicle, without pay. equipment, or property, no injury. Moderate $1,000 - $3,000 to any vehicle, and/or Wdtten reprimand: 3-5 days medical treatment only-injury suspension, demotion and/or indefinite equipment or property. suspension of driving privileges. $3,000 or more to any vehicle, Severe Wdtten reprimand: 6-10 days equipment, or property and/or suspension without pay and/or disabling injury with lost time. discharge. Rev. 08.02 Section 4-23 3rd ACCIDENT WITHIN 1 YEAR PREVENTABLE ACTION $1,000. $3,000 to any vehicle, $3.000 or more and/or $3,000 Rev. 08.02 Section 4-24 4.12 E-MAIL AND INTERNET POLICY General This policy is designed to increase productivity and reduce the liability through the use of Electronic mail (e-mail). Communications by Electronic mail (e- mail) is encouraged when it results in the most efficient and/or effective means of communication. Policy Objective The policy objective is to establish guidelines for using the County Electronic mail (e-mail) system that retains the inherent value for enhancing information exchange while assuring its appropriate use in conducting County business. Policy Statement Electronic mail (e-mail) can be an effective way of sharing information with others, both inside and outside the County. However, because e-mail often appear less formal than other forms of written communication, there is a tendency to forget that e-mail messages are no less a part of "official business" than any other hard-copy correspondence. The e-mail system exists solely for the purpose of conducting business, and is not intended for personal use. All electronic data placed on the information system is the property of the County. Accordingly, employees should have no expectations of privacy regarding e-mail messages (or any other data files residing on County-owned hardware), whether sent, or received. This includes any files that may be designated as "private" under the County's software. Be advised that e-mail should never be used for confidential information including attorney-client privilege and attorney work product or information of an imperative or time sensitive nature. As with all other data on the County's information system, the County reserves the right for authorized staff to access and review all e-mail messages and data files on the County's information system at any time without prior notification. There are a number of circumstances under which e-mail messages may be publicly disclosed under Florida's Government in the Sunshine Law, cooperation with law enforcement, or litigation. If disclosure of e-mail messages (or any other data files) should be required (despite the designation of any message as "private" or "confidential"), the County shall not be liable for this disclosure in any way. In ~short, the County's Rev. 08.02 Section 4-25 information system does not provide any guarantee of personal privacy protection, and employees should use it with this limitation in mind. Limits to Access While the County reserves the right to access and review all data on its information system, including the right to audit and disclose all matters sent over and/or saved to the system, no employee--including systems administrators, other information system support staff, or an independent contractor--is allowed to access e-mail or other data files without appropriate authorization to conduct an account audit by the Department Director or Information Technology Director Prohibited Use of E-Mail Since the e-mail system exists solely for the purpose of conducting County business, good judgment and common sense should prevail at all times regarding its appropriate use. Under this standard, it is not possible to list all of the allowed and prohibited uses of e-mail. However, the use of County e-mail is expressly prohibited whenever it would: · Compromise the integrity of the County and its business operations in any way; · Break the law by sending chain letters, or copies of documents in violation of copyright laws, or by committing any other illegal acts; · Contain offensive, abusive, threatening, or obscene language, or graphics; · Violate the County's equal employment opportunity, or sexual harassment avoidance policies by including content that is sexually explicit, or could be construed as discriminatory based on race, national origin, sex, sexual orientation, age, disability, or religious, or political beliefs, or for retaliatory purposes; · Advertise, or promote commercial ventures, religious beliefs, or political causes; · Result in private gain, or advantage for the employee (such as conducting business related to economic interests outside of County employment); or violate the ethics policy. Personal Use of E-Mail There may be time when e-mail messages of a more personal nature may be appropriate, such as notifying fellow employees about births, deaths, and illnesses. There are also times when providing or receiving information about other people and events outside the County organization may be appropriate; however, these should be limited. All e-mail correspondence is considered a public record. E-mail regarding the County business should never be Rev. 08.02 Section 4-26 combined with e-mail of a personal nature. When considering the appropriateness of an e-mail message, ask yourself: are the County's mission, goals, and values advanced by the communication? If in doubt, ask your supervisor, Division Manager, or Department Director. Etique~e Because of its "real time" nature, there are some "etiquette" distinctions that should be made in using e-mail over other forms of written communication: · Share information, but avoid arguing. E-mail is very effective for sharing information, but it is not very effective in resolving conflicts, or differences of opinion. Don't argue using e-mail. Whenever a discussion is required in reaching a decision, the telephone, or direct communication should be used; · Don't use the computer to avoid personal communication. Do not fall to the temptation of using e-mail to communicate bad news and avoid difficult personal discussions. Some things should be done in person. If you are having conflicts with someone, this requires a more personal form of communication in resolving differences; · Use humor and sarcasm with great care. These can be very easily misunderstood without the benefit of body language, or tone of voice. · Don't be hasty--avoid reacting. Spontaneity is another benefit of e- mail--but it's also a curse. If a message generates negative feelings, set it aside and re-read it later. Don't rule out he possibility that this is a misunderstanding, which is common in e-mail because of the lack of physical cues. You need to watch the tone of an e-mail message as closely as you would a memo written on paper. Anger, frustration, and derogatory comments about others are never appropriate responses to convey via County e-mail. As discussed above, these types of concerns (while they may at times be legitimate in the work place) need to be communicated in more personal forms; · Read and respond to e-mail on a timely basis. You should read your e-mail (both internal and external) and respond to it on a timely basis as you would with any hard-copy correspondence or phone message; · Don't forget it is in writing. Never put into an e-mail something that you would not put into a hard-copy memorandum. The informality of e- mail is part of its convenience. But depending on how it was saved by you (or the recipient), it can become a permanent record of a written communication--and more easily retrieved than a hard-copy memorandum. Further, e-mail may be subject to disclosure as public Rev. 08.02 Section 4-27 record. In short, just because you've deleted and forgotten it, doesn't mean you won't be seeing it again; · Be focused--Avoid sending messages to "everyone". Send your e- mail messages only to those who need to receive them; · Do not use e-mail for confidential information. There is no such thing in e-mail. · Grammar and spellinR are important. In any correspondence, proper grammar, sentence structure, and spelling help the reader understand your message--so review your e-mail messages for both structure and content before sending them. The County's e-mail software includes a spell check feature--so use it; · Be brief. Long e-mail messages can be difficult to read. Keep paragraphs short and to the point. Compose longer messages in Microsoft Word, and then attach it as a file to your e-mail. It will be easier for you to prepare with the added tools that Microsoft Word offers, and it will be easier for the recipient to read; · Identify yourself in external e-mail messaRes. In an external message, it is likely that the recipient will only be getting your user name, so be sure to include your full name, position, department and the County's name somewhere in your message. Records Mana.qement and File Maintenance Public record retention is based on a record's informational content, not on its format. Agencies should manage incoming and outgoing .E-Mail messages in accordance with the same rules that apply to correspondence sent or received via printed memos or U.S. Mail. There are several ways to approach this: (1) Hard copy archive. Determine if the incoming or outgoing message meets your filing criteria. If it does, the printed e-mail will be stored with traditional printed correspondence in the appropriate subject matter file. Printing and filing E-Mail in this manner keeps all information on a particular subject together and readily available. Or (2) Electronic archive. Forward all E-Mail correspondence that requires retention to employees in your organization that is assigned that responsibility. That employee may assign the items Rev. 08.02 Section 4-28 O__r (3) Or (4) to folders created for this purpose or assign them to an archive database. For Public Record purposes, the person who originates the e-mail is the one who is responsible for retention. Those who receive an internal e-mail are receiving duplicates, which may be removed. E-Mail items received from outside the County network are originals and must be retained if they meet retention criteria: Electronic archive. Each E-Mail user is responsible for retaining correspondence that requires retention. The E-Mail user may assign the items to folders created for this purpose or assign them to an archive database. Electronic archive. (Works only with Group Wise 6 for Windows NT or Windows 98/2000. Move all E- Mail correspondence that requires retention to a folder that has been declared 'shared". This placed all correspondence that requires retention into a centralized folder without the attention of a designated correspondence employee as in option 2. The automatic backup of E-Mail files that is being performed by Information Technology Department System Administrators is for Disaster Recovery Purposes only. It is not designed to comply with any Public Record laws. 4.13 USE OF COUNTY PROPERTY The County provides employees with necessary job equipment and materials to carry out the assigned job. When you are assigned any such equipment, it becomes your responsibility to exercise reasonable care in its use to preserve the life of the equipment and to observe all safety precautions. Personal use of County-owned vehicles, materials, supplies, tools, or other equipment or property is not permitted. Violation may result in discharge, prosecution, or both. 4.14 USE OF COUNTY PHONES Each time employees place or receive a County related phone call, they represent the County. All County employees should strive to answer the phone on the first or second ring, identify themselves to the caller, transfer calls carefully, and keep callers on hold only when necessary. Telephone Rev. 08.02 Section 4-29 encounters with County customers should leave a lasting impression of courteous, efficient service. Remember that County phones, including cell phones, are provided for County business only. Personal use of the telephone should be minimal, with only necessary calls being made from the workplace. Personal long distance calls must be made on a personal phone credit card or phone card be made collect or be made on a public pay phone. Violations of these phone use requirements may result in disciplinary action, up to and including discharge from employment. 4.15 INQUIRIES ABOUT FORMER EMPLOYEES All inquiries concerning past employment should be directed to the Human Resources Department. The Human Resources Department has the responsibility to answer all inquiries concerning former employees. Accordingly, all employees should refrain from answering letters or telephone inquiries concerning former staff. 4.16 WORKPLACE VIOLENCE St. Lucie County does not tolerate workplace violence, or the threat of violence, by any of its employees, customers, the public, and/or anyone who conducts business with the County. The County will respond to any violence or threatened violence with strong prosecution and disciplinary efforts in close cooperation with law enforcement. It is the intent of the County to provide a workplace that is free from intimidation, threats, or violent acts. No employee or third party, excluding law enforcement personnel, is permitted to bring weapons or firearms into the workplace, into any County facility, or into any County vehicle. Any employee violating this prohibition will be subject to disciplinary action, up to and including discharge from employment. REPORTING THREATS OFINCIDENTS Each incident of violent behavior, whether committed by an employee or a third party, must be reported to Department or Division Management. Management, together with the Human Resources Department, will assess and investigate the incident and take appropriate action. In critical incidents in which serious threat or injury occurs, emergency responders must be immediately notified by calling the 911 emergency line. As necessitated by the seriousness of the incident, the County Administrator may assemble a Threat Management Team, consisting of staff from the Rev. 08.02 Section 4-30 offices of the County Administrator, County Attorney, Human Resources, and others as deemed necessary. The Threat Management Team is responsible for, but not limited to, the following: ,, Evaluating potentialviolent problems, · Assessing an employee's fitness for duty (through mental health professionals), · Selecting intervention techniques, · Establishing a plan for protection of workers and potential targets, · Coordinating with affected parties such as victims, families, employees, media, or law enforcement personnel, · Assuring that immediate (within 24 hours) and on-going counseling is available to traumatized individuals. EMPLOYEE TRAINING The Department Director or Division Manager or designee will orient all new employees to department/division procedures regarding reporting incidents of violence and what to do if the employee is threatened or violence occurs in the workplace. EMPLOYEE ASSISTANCE PROGRAM (EAP) Should an employee become the victim of an incident of workplace violence or threatened violence, the services of the EAP may be offered to assist in coping with any effects of the incident. Should an employee commit an act of violence or threaten violence, he/she may be referred to the EAP for mandatory counseling, depending on the circumstances. In these cases, failure by the employee to keep any appointments withthe EAP will be grounds for discharge of employment. 4.17 COUNTY INFORMATION RECORDS When someone other than the St. Lucie County Human Resources Department asks for information about records, procedures, or other internal matters, you should refer the person to the Division Manager unless you have been specifically authorized to release such information. The County Administrator and the County Attorney should be notified of the request. No records, official documents, materials, manuals, or other property of the County are to be loaned, given, or sold to any outside person or concern by any employee without approval of the County Administrator or his designee. Requests for review or copies of public records shall be provided in accordance with Florida law. Rev. 08.02 Section 4-31 4.18 LOST AND FOUND If, during the course of your workday, or while on County business, a lost personal item of any value is found, please notify the Human Resources Department immediately. The lost item will be kept in a secured area for up to 30 days. If the item is not claimed by its owner within 30 days, the item will then be turned over to the employee who found it. 4.19 SALESMEN AND SOLICITORS Solicitation for any purpose is NOT permitted without express authority from the County Administrator or his designee. If a solicitor calls upon you during working hours, he/she should be informed in a courteous manner that solicitation is not permitted. To best serve the public, no personal or private business may be conducted in working areas during work time. Employees and outsiders are prohibited from soliciting employees during working hours. Employees and outsiders are also prohibited from distributing literature in areas where the actual work of public employees is performed, such as offices and other public facilities. Rev. 08.02 Section 4-32 4.20 LOYALTY OATH Section 876.05, Florida Statutes, requires the County to administer a loyalty oath to all employees. The statute reads as follows: All persons who now or hereafter are employed by or who now or hereafter are on the payroll of the state, or any of its departments and agencies subd v sons, counties, cities, school boards and districts of the free public school system of the state or counties, or institutions of higher learning, and all candidates for public office, are required to take an oath before any person duly authorized to take acknowledgments of instruments for public record in the state in the following form: I, (signature) a citizen of the State of Florida and of the United States of America, and being employed by or an officer of St. Lucie County and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida. Said oath shall be filed with the employee's personnel records prior to the approval of any voucher for the payment of salary, expenses, or other compensation. Rev. 08.02 Section 4- 33