Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 18, 2013
June 18, 2013 - Regular Meeting
Agenda Item #35

Personnel Policy Adoption

Briefing Provided Upon Request

Contact and/or Presenter Information
Dale E. Garcia, Human Resources Director

Action Requested

Motion to adopt Resolution 13-102

Enabling/Regulating Authority

Florida Statutes Chapter 125, Manatee County Code 2-2-3


Background Discussion

The Manatee County Commission has authority over all County (but not constitutional office) employees. The Commission last adopted a Personnel Policy in 2011. Since then, events have occurred which have resulted in a new edition of the Personnel Policy being recommended to the Board for adoption. Among the most significant items, the United States Labor Department issued final rules for 2013 expanding the Family Medical Leave Act (FMLA) for military caretakers.

A summary of the significant revisions to the Policy is as follows:

  • Confirms volunteers are not considered employees but are eligible for workers' compensation coverage per Florida law
  • Adds language clarifying child labor laws apply to employment of persons under 18 years of age
  • Clarifies student interns are paid, while students who volunteer must complete the appropriate volunteer service agreement form
  • Distinguishes between students performing work for the county vs. those engaged in job shadowing or mentoring programs 
  • Adds verbiage to comply with Department of Labor rule to allow breaks for nursing mothers to express milk
  • Adds method for annual base pay calculation by pay class assignment
  • Clarifies that employees must refrain from drinking while in on-call status
  • Adds language specifying how annual compensation and raise recommendations will be made during budget development 
  • Clarifies that vacation payout hours associated with Florida Retirement System/Deferred Retirement Option Program count towards the maximum 400-hour payout at separation
  • Clarifies that hours contributed to the sick leave bank by member employees are forfeited upon separation
  • Appoints the HR Department to administer the sick leave bank program
  • Clarifies, for purposes of timekeeping, military leave and military call
  • Clarifies jury duty leave for employees who work shifts outside of business hours to allow for rest time off prior to reporting for jury duty
  • Clarifies supervisors' role to require employee to complete workers' comp incident form in the event of accident or injury
  • Updates FMLA Military Leave to reflect Department of Labor 2013 Final Rules
  • Provides for greater flexibility concerning employee incentive awards of compensation as limited by Florida law and Commission resolutions
  • Changes annual report of training and educational activities/participation from end of calendar year to end of fiscal year
  • Revises language to ensure tuition reimbursement for degree program relates to the employee's current job to comply with state law and Clerk of Court audit requirements 
  • Adds language that employees are not permitted to recycle, scavenge, or take for personal use any used or excess supplies, tools or equipment, including construction materials and office supplies
  • Clarifies rule on recording workplace conversations
  • Revises smoking policy to address use of smokeless tobacco and e-cigarettes
  • Clarifies that all take-home vehicles must be accounted for in the county's time and attendance system for tax purposes.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
The new Policy was developed in cooperation with the CAO (R. Eschenfelder) per RLS 13-127.

Reviewing Attorney

Instructions to Board Records
Electronic copy of executed resolution to HR Director Dale Garcia (dale.garcia@mymanatee.org) and Attorney Robert Eschenfelder (robert.eschenfelder@mymanatee.org).

Cost and Funds Source Account Number and Name
No new funds sought

Amount and Frequency of Recurring Costs

Attachment:  PersPolicy13AdoptRES.pdf
Attachment:  Personnel Policy2013.pdf