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Rules and Regulations |
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RULE 2 - GENERAL PROVISIONS
2.1 Authority and Purpose
These Rules are adopted in pursuance of Chapter 24, Code of
the City of Sarasota, Florida, as amended, which states that
the City Manager or the City Auditor and Clerk, for their respective
employees, with the advice and recommendation of the Civil Service
Board and the General Personnel Board, shall promulgate rules
and regulations and amendments thereto as he or she deems appropriate
for appointment, promotion, discipline and removal of employees
of the City. Such rules shall become effective when approved
by the City Commission.
2.2 Scope of Rules:
The provisions of these Personnel Rules and Regulations apply
to the combined Classified Service of the Civil Service and
the General Personnel System of the City of Sarasota, Florida.
2.3 Number of Members, Salaries
The City Commission shall provide by Ordinance the number of
the Civil Service members of Police uniform forces and shall
fix the compensation of such members according to their respective
grades/ranks.
The City Manager or City Auditor and Clerk, for their respective
employees shall fix the number and compensation of the employees
in the General Personnel System subject to the provisions of
Chapter 24 of the Sarasota City Code.
2.4 Violation of Rules, Employee Notice:
Any person violating these Rules shall be subject to the penalties
prescribed therein including termination of employment. An Employee
Notice Form shall be utilized to help process and record warnings,
disciplinary action and the cause of dismissal. A copy of the
notice will be given to the employee and the Department of Human
Resources after the employee has acknowledged the receipt by
signing the form or has been offered the form for his/her signature.
2.5 Amendment and Revision of Rules:
Amendments and revisions of these Rules may be initiated by
the City Manager or City Auditor and Clerk, for their respective
employees, as appropriate, and such amendments shall be adopted
according to the provisions of Chapter 24 of the Sarasota City
Code.
2.6 Related Federal and State Statues and Local Ordinances:
These Rules and procedures are to be read in conjunction with
related federal and state statutes and local ordinances. Statutes
and ordinances in effect at the time of publishing the current
Rules are referred to or reflected to the extent that is practicable.
2.7 Severability Clause:
If any section, subsection, sentence, clause or phrase of these
Rules and Regulations is found to be invalid by any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of these Rules and Regulations.
2.8 Prohibitions and Restrictions:
The following and such other acts or activities which are determined
by the Department Head with the concurrence of the City Manager
or City Auditor and Clerk, for their respective employees to
be detrimental to the best interest of the City and which shall
be so specified through administrative regulation are prohibited:
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| A. |
Political Activity:
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(1)
No City employee shall, in any manner, be concerned in
soliciting or receiving any assessment or contribution
from any other City employee during the working hours
of either, for any political party or candidate for public
office.
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(2)
No City employee shall use his/her City position, equipment,
property or supplies to secure contributions of any nature
or from any source.
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(3)
No employee shall take any active part in political activities
during his/her duty hours.
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(4)
Nothing herein shall be construed to restrict in off-duty
hours the right of the employee to hold membership in,
and support a political party, to vote as he or she chooses,
to express his opinion on all political subjects and candidates,
to maintain political neutrality, and to attend political
meetings, or to campaign actively during off-duty hours
in all areas of political activity.
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(5)
Any employee of the City who becomes a candidate for nomination
or election to any public office shall be automatically
removed from employment with the City, and unless he or
she shall have properly resigned prior to becoming a candidate,
he or she shall be considered as having resigned from
City employment and terminated without the right of appeal
in accordance with these Rules and Regulations.
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| B. |
Abuse
of Political Influence: No City employee shall use or
promise to use or obtain, either directly or indirectly,
any authority or influence in order to secure any employment,
with the City, or promotion, compensation or political
influence either for himself or herself or any other person,
nor shall any City employee by means of threats or coercion,
induce or seek to induce anyone in the Service of the
City to resign his position or waive his right to certification,
appointment or promotion.
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| C. |
Standards
of Conduct and Financial Disclosure: All officers and
employees of the City of Sarasota and its constituent
committees shall comply with the standards of conduct
and financial disclosure and other provisions set forth
in Chapter 112 of the Florida Statutes as same may be
amended from time to time.
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| D. |
Residential
Requirements: All permanent status members of Civil Service
should live within the land area within a radius of fifteen
(15) miles from the Sarasota County Court House and Washington
Boulevard.
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| E. |
Restrictions
on Outside Employment: No full-time employee of the
City of Sarasota shall engage in any other employment,
unless and until, such employee has been issued a written
permit by the Department Head, recommended by the Director
of Human Resources and approved by the City Manager
or City Auditor and Clerk, for their respective employees,
stating and describing the particular employment in
which such employee may engage. Such permit shall be
of no longer than one (1) year in duration. Annual renewal
is required, if applicable. Before any such permit shall
be issued or renewed by the Department Head, the employee
desiring the permit shall make written application stating
and describing the particular employment in which the
employee desire to engage and shall deliver the same
to the Department Head.
The Department Head shall, within seven (7) calendar
days thereafter, discuss same with the employee and
shall notify the employee within ten (10) calendar days
of the date of the request, in writing, of the action
taken.
Any
employee who shall willfully disregard or violate these
Rules and Regulations shall be subject to reprimand,
suspension or dismissal, as the circumstances shall
require. Any such permit as may be issued shall name
the individual and shall state and describe the employment
which has been approved for such employee, and shall
be placed in that employee’s permanent personnel
file.
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2.9 Nepotism:
In order to prevent preferential treatment in the employment
practices of the City, as well as to avoid creating situations
where favoritism may be alleged to be associated with operational
decisions within the departments of the City, the following
policy on nepotism is hereby established:
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| A. |
Definitions: For the purposes of this Rule, except Rule
2.9 F, the following words shall mean:
“Spouse" is a wife or husband depending on gender,
as defined in Rule 1 - Definitions.
“Blood Relative" is a father, mother, son, daughter,
brother, sister, grandparent or grandchild, natural or
by adoption, as defined in Rule 1 - Definitions.
“Relative" A spouse, father-in-law, mother-in-law,
brother-in-law, daughter-in-law, sister-in-law, son-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother or half sister, uncle, aunt,
nephew, niece, first cousin, or a blood relative (see
above), as defined in Rule 1- Definitions.
"Public Official" is an officer including Charter
Officials, City Manager, City Auditor and Clerk and City
Attorney or an employee of the City in whom is vested
the authority by law or regulation, or to whom the authority
has been delegated, to appoint, employ, promote or advance
individuals or to recommend individuals for appointment,
employment, promotion, or advancement in connection with
employment with the City as defined in Rule 1 - Definitions.
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| B. |
Supervision
of Relative: No person shall be employed or remain employed
in a position which will cause that person to supervise
or be supervised by a relative.
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| C. |
Blood
Relative; Temporary Appointment: A temporary appointment
of a person to a position within the same department as
a blood relative of the new employee shall be permitted,
subject to the prohibitions of Rule 2.9 F, herein so long
as the blood relatives work in a different division or
section within that department.
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| D. |
Blood
Relative; Permanent Appointment: A permanent appointment
to a full-time or a part-time position of a person to
a position within the same department as a blood relative
of the new employee shall be permitted, subject to the
prohibitions of Rule 2.9 F, herein so long as the blood
relatives work in a different division or section within
that department.
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Employment
of Spouses: It is the intent of this Rule to promote the
maintenance of positive employee morale, to avoid the
creation of an environment conducive to inordinate friction
between employees, to minimize the potential for internal
disciplinary problems between employees, to avoid undue
pressure on employees and to prevent operational, job-related
difficulties from adversely affecting the work of any
division or section of a department of the City. A person
may be employed, on either a temporary or permanent basis,
within the same department as a spouse, subject to the
prohibitions of Rule 2.9 F, herein, so long as the spouses
work in a different division or section within that department.
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Provided,
however, that should a Department Head determine that
such employment is not in the best interests of the City,
considering the job-related difficulties it is anticipated
will be encountered within the division or section, the
Department Head may recommend against the same. The recommendation
shall be made, in writing, to the City Manager or City
Auditor and Clerk, for their respective employees, as
appropriate, and shall state, with specificity, the job-related
difficulties it is anticipated will be encountered in
the specific case as well as such other reasons in support
of the recommendation as may apply. The recommendation
shall be made to the City Manager or City Auditor and
Clerk, for their respective employees who shall review
the written recommendation of the Department Head and
make a determination as to the sufficiency of the reasons
in support of the recommendation. In the event that the
City Manager or City Auditor and Clerk, for their respective
employees, shall determine that it is not in the best
interests of the City to employ spouses within the same
division or section of a department, the spouse seeking
employment shall be notified of the determination that
employment shall not be permitted, under this Rule, to
a position within the division or section where employment
had been sought.
(1) Should two (2) permanent employees, within the same
division or section of a department, marry, the Department
Head shall make a recommendation to the City Manager or
City Auditor and Clerk, for their respective employees,
as to whether or not the continued employment of both
spouses, within the same division or section, is reasonably
likely to create job-related difficulties which shall
require the implementation of the provisions of this Rule.
The recommendation shall be in writing, and shall state
with specificity the job-related difficulties it is anticipated
will be encountered in the specific case and such other
reasons in support of the recommendation as may apply.
The City Manager or City Auditor and Clerk, for their
respective employees,shall review the recommendation and
make a determination as to the sufficiency of the reasons
submitted by the Department Head in support of the recommendation.
Should the City Manager or City Auditor and Clerk, for
their respective employees, determine that the continued
employment of both spouses, within the same division or
section of a department, is not in the best interests
of the City, the spouses shall be given written notice
of such determination. Such notice shall advise that the
spouses have thirty (30) days from the date of the notice,
within which to determine which spouse shall:
a. Terminate employment with the City; or,
b. Apply for appointment to another division or section
within the same department or transfer to another department
within the City.
(2) In the event that the spouses shall fail to select
an alternative, as specified in subparagraph (1), above,
within the time given, the Department Head where the spouses
are employed shall make a determination as to which spouse
shall be appointed to a position within another division
or section, within the same department, or whether one
spouse shall be transferred to another department within
the City.
(3) In the event that a spouse voluntarily elects option
(2), above, or in the event that the Department Head is
required to make the determination provided for under
(2), the appointment or transfer shall be accomplished
within sixty (60) days of the election or determination.
Should the appointment or transfer not take place, within
sixty (60) days, whether the same is occasioned by the
non-availability of an employee position to accomplish
the appointment or transfer, or for any other reason whatsoever,
the head of the department employing the spouses shall
lay off the spouse who was to be appointed or transferred
to the new employment position. Layoff shall be accomplished
in accordance with these Personnel Rules.
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Relatives
of Public Officials: The State of Florida having adopted
Section 112.3135, Florida Statutes as part of the Code
of Ethics for Public Officers and Employees, serving as
a restriction on employment of relatives, the provisions
of this paragraph shall serve to incorporate the requirements
and definitions of the aforementioned Statute within the
Personnel Rules of the City. A public official shall not
appoint, employ, promote or advance, or advocate for appointment,
employment, promotion or advancement, in or to a position
within the City in which the public official is serving
or over which the official exercises jurisdiction or control
of any individual who is a relative of the public official.
An individual may not be appointed, employed, promoted
or advanced in or to a position in the City if such appointment,
employment, promotion or advancement has been advocated
by a public official, serving in or exercising jurisdiction
or control over the City, who is a relative of the person
or if such appointment, promotion, or advancement is made
by the City Commission or other collegian body of which
a relative of the individual is a member. All provisions
of Section 112.3135, Florida Statutes, as part of the
Code of Ethics for Public Officers and Employees, as the
same may be amended from time to time, shall be deemed
incorporated in this Personnel Rule by reference and all
interpretations thereof shall be deemed to apply to the
implementation of this paragraph. For the purposes of
this paragraph, the term "relative" shall mean
husband, wife, father, mother, son, daughter, brother,
sister, grandparent or grandchild, father-in-law, mother-in-law,
brother-in-law, daughter-in-law, sister-in-law, son-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half-brother or half- sister, uncle, aunt,
nephew, niece or first cousin.
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2.10
Veteran’s Preference:
Veteran's preference, as required by Federal and State Laws,
shall be afforded those individuals who have served in the Armed
Forces of the United States.
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Recruitment:
The Department of Human Resources shall comply with the
veteran's preference provisions of the Federal, State
and Local Laws when recruiting eligible candidates for
both the Civil Service and the General Personnel System
of the City.
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Selection
and Reports: In the employee selection process, Department
Heads shall comply with the veteran’s preference
provisions of the Federal, State and Local Laws. The Department
of Human Resources shall receive and consolidate such
date from the various departments for the City and make
reports of such data to the Federal, State and Local agencies,
as may be required.
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2.11
Temporary Hiring of City Retiree for Special Services:
The Director of Human Resources or his designee shall verify
that it is more feasible under the circumstances to employ a
City retiree, as may be permitted by applicable law, for specialized
services for certain periods of time than to transfer or recruit
an individual with the skills, ability or experience required
for such work.
Any such employment shall be subject to the prior recommendation
of the Department Head and Director of Human Resources or his
designee and the approval of the City Manager or the City Auditor
and Clerk for employees in the City Auditor and Clerk’s
Office, and shall be limited to the duration of the need for
the specialized service.
2.12 Solicitation and Distribution of Literature:
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| A. |
There
shall be no solicitation of employees during the working
hours of any employee involved in the solicitation.
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There
shall be no distribution of literature during the working
hours in areas where the actual work of public employees
is performed, such as offices, warehouses, schools, Police
Stations, and similar public installations. This section
shall not be construed to prohibit the distribution of
literature during the employees' lunch hours or in such
areas not specifically devoted to the performance of the
employees' official duties.
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Each
Department Head is to ensure that no non-employee is permitted
to trespass for the purpose of illegal solicitation or
distribution of literature or otherwise disrupt the work
of employees. This does not mean that non-employees are
to be discouraged from conducting such normal business
with City offices such as inquiring about municipal services,
paying municipal bills, or acting as authorized commercial
vendors.
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2.13
Personal Property:
Personal property of city employees (including such essential
work items as shoes, eye glasses, contact lenses, watches and
dentures) that is lost, damaged, or destroyed in the line of
duty, except where employee negligence is causal, shall be replaced
or repaired by the City at no expense to the employee. Claims
will be filed and validated pursuant to established departmental
policy.
2.14 Bulletin Boards:
An employee who wishes to post a notice on the bulletin board
shall sign such notice and shall submit the notice to the Department
Head for approval before the time of posting. Under no circumstances
shall a notice be tendered for posting containing material which
is political in nature.
2.15 Intra/Inter-Departmental Mail:
In the interest of the economic and expeditious handling and
delivery of the City's mail, bulletins and notices, the inter-departmental
and intra-departmental mail and distribution facilities of the
City shall be for the exclusive use of the City.
2.16 Collective Bargaining Agreements - Disclaimer:
Where the express provisions of a negotiated collective bargaining
agreement are in conflict with any provision(s) of these Personnel
Rules and Regulations, the contract provisions (as ratified
or mandated by the City Commission in accordance with Chapter
447, Florida Statutes, as amended) shall prevail, but only to
the precise extent of such conflict.
2.17 Special Category Employee:
A department director, hired on or after the 5th day of October,
1987, shall be classified as a "Special Category Employee"
who shall serve at the pleasure of the City Manager. A "Special
Category Employee" shall not be considered a "permanent
employee", as that term is defined in these Rules. The
City Manager or City Auditor and Clerk, for their respective
employees may establish, by use of an employment agreement,
the terms and conditions of employment pertaining to a Special
Category Employee. When an employment agreement is utilized,
the terms and conditions of that agreement shall prevail over
all Rules and Regulations of the City of Sarasota, pertaining
to employment status and employment rights, to the extent of
any conflict. In the absence of an employment agreement, or
as to all employment matters not specifically treated in an
employment agreement with a Special Category Employee, the Rules
and Regulations applicable to general employees shall be applied
to Special Category Employees, to include provisions establishing
fringe benefits and a pension plan. When negotiating an employment
agreement, the City Manager shall be restricted, as to pay and
fringe benefit items, to the establishment of rates of pay which
are within the ranges established by the City Commission annually
in the Position Classification Compensation Plan; to the payment
of reasonable moving or relocation expenses; to severance pay,
limited to a maximum of six (6) months; and to commencing health
insurance benefits on a particular date certain.
2.18 Prohibition of Sexual Harassment:
It is the policy of the City of Sarasota that it will not tolerate
verbal or physical conduct by any employee which harasses, disrupts
or interferes with another work performance or which creates
an intimidating, offensive or hostile environment when such
conduct constitutes illegal sexual harassment.
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While
all forms of illegal harassment are prohibited, it is
the City's policy to emphasize that sexual harassment
in the workplace is specifically prohibited. Each supervisor
has a responsibility to maintain the workplace free of
any form of sexual harassment. No supervisor is to threaten
or insinuate, either explicitly or implicitly, than an
employee's refusal to submit to sexual advances will adversely
affect the employee's employment, evaluation, wages, advancement,
assigned duties, shifts or any other condition of employment
or career development. In addition, no supervisor is to
favor in any way any applicant or employee because that
person has performed or shown a willingness to perform
sexual favors for the supervisor.
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Other
sexually harassing or offensive conduct in the workplace,
whether committed by supervisors or non-supervisory personnel,
is also prohibited. Such conduct may include, but is not
limited to, unwelcome:
(1) Sexual advances, touching or propositions;
(2) Verbal or physical conduct of a sexual nature;
(3) Graphic or suggestive comments about an individual's
dress or body;
(4) Sexually degrading words to describe an individual;
and
(5) Display in the workplace of sexually suggestive objects
or pictures, including nude photographs.
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Any
employee who believes that the actions or words of a supervisor
or fellow employee constitute unwelcome harassment has
a responsibility to report or complain as soon as possible
to the appropriate supervisor and/or to the Director of
Human Resources, or his designee, if the complaint involves
the supervisor.
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All
complaints of harassment must be investigated promptly
and in as impartial and confidential a manner as possible
by the supervisor, or Director of Human Resources or his
designee. If an employee is not satisfied with the handling
of a complaint or the action taken by the supervisor,
then the employee should bring the complaint to the attention
of the Director of Human Resources or his designee. In
all cases, the employee is to be advised of the supervisor's
or Director of Human Resources', or his or her designee's
findings and conclusion.
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Any
employee, supervisor or manager who is found after appropriate
investigation to have engaged in illegal harassment of
another employee will be subject to appropriate disciplinary
action, depending on the circumstances, up to and including
termination.
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2.19
Prohibition of Discrimination:
It is the policy of the City of Sarasota that it will not
tolerate verbal or physical conduct by any employee whose conduct
constitutes illegal discrimination pursuant to State or Federal
Law.
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No
employee shall knowingly discriminate against any person
at any time because of his or her age, race, religion,
national origin, disability, martial status, sex or political
opinions in violation of State or Federal Law.
While all forms of illegal discrimination are prohibited,
it is the City’s policy to emphasize that illegal
discrimination in the workplace is specifically prohibited.
Each supervisor has a responsibility to maintain the workplace
free of any form of illegal discrimination.
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No
person having a position in the service of the City or
seeking admission thereto shall be subject to illegal
discrimination because of his or her age, race, religion,
national origin, disability, marital status, sex or political
opinions in violation of State or Federal Law. No question
in any application form, examination or in any other proceedings
relative to personnel in the service shall be so worded
as to solicit information which may be in violation of
State or Federal Law.
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An
employee who believes that the actions or words of a supervisor
or fellow employee constitute illegal discrimination against
any person at any time, has the responsibility to report
or complain as soon as possible to the appropriate supervisor
or the Director of Human Resources, or his or her designee.
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All complaints of illegal discrimination must be investigated
promptly and in as impartial and confidential a manner
as possible by the supervisor, the Director of Human Resources,
or his or her designee. If an employee is not satisfied
with the handling of a complaint or the action taken by
the supervisor, the employee should bring the complaint
to the attention of the Director of Human Resources, or
his or her designee.
In all cases, the employee is to be advised of the findings
and conclusion of the supervisor or Director of Human
Resources, or his or her designee.
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Any
employee, supervisor or manager who is found, after appropriate
investigation, to have knowingly engaged in illegal discrimination
of any person shall be subject to appropriate disciplinary
action, depending on the circumstances, up to and including
termination.
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