Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 3, 2015
REVISED November 3, 2015 - Regular Meeting
Agenda Item #26

Personnel Policy Adoption


Contact and/or Presenter Information

Rodney Barnes, Human Resources Director

Rob Eschenfelder, Chief Assistant County Attorney

Action Requested
Motion to adopt Resolution 15-176

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 2013.  Since then, events have occurred which have resulted in a new edition of the Personnel Policy being recommended to the Board for adoption.

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

Section I - Employment
I.A.5 Extension of active referral list for postings to 90 days (from 60).
I.A.9.  added language clarifying that for certain positions requiring background clearance, such as Sheriff department reviews, candidates must pass those additional background checks as well.
I.A.10 Clarified At Will status may include “at a minimum” those titles and also may include certain Section Managers
I.A.13  In the interest of ACA Compliance, added requirement for an employee to remain ineligible for re-hire unless > 13 weeks of separation period.
I.B. Temporary Employment
1.Temporary Employment shall include:
a.  OPS Temporary Regular (TR) cannot extend beyond six months cannot work more than an average of 27 hours per week per year (or applicable measurement period, as defined and in compliance with the ACA).
b.  OPS Temporary On-Call (TC) cannot work more than an average of 27 hours per week per year (or applicable measurement period, as defined and in compliance with the ACA).
c.  OPS Temporary Seasonal (TS) are employees in positions that generally last no more than six months and are generally filled the same time each year.  Can work FT for the season.
d.  OPS Intern (ST) are employees in positions that can last no more than one year and also work no more than an average of 27 hours per week for the duration of their employment.
3.  Interns (struck Student to allow non-students to be able to intern).
3. c. Added language that if non-student, cannot extend assignment beyond six months and cannot work more than an average of 27 hours per week per year (or applicable measurement period, as defined and in compliance with the ACA).
3.e. removed language to require interns to notify department of any change in academic status (not enforced in actual practice).
3.i Interns must be compensated at least prevailing minimum wage for work performed for the County.
5. ACA compliance – all persons employed in temporary/OPS positions who are not offered health care coverage shall not be permitted to work more than 27 hours per week.
6.  Individuals performing work for the County through temporary employment agencies are not considered “employees” for purposes of this policy.
I.E. Re-Employment and Disqualification
 1.  Added language to clarify reasons for terminating employment for disciplinary reasons can include performance as well as conduct.
Section II. Personnel Files
4.a. Removed Social Security Card copy
Section V. Classification and Pay Plan
V.B. Administration
 1.  Clarifies effective date of recommendations for changes to existing classification and pay grade assignments are effective the first pay period following the approval by the County Administrator or designee.
IV.C.  Pay Eligibility
1.a.  Removed obsolete language concerning scheduling of compensatory time (this is handled in the electronic time and attendance system). 
V. Classification and Pay Plan
C. Pay Eligibility

1.a. Non-Exempt Employees Removed language requiring Overtime to be compensated with Comp Time.
V.B Administration
1.  Changes to existing classification and pay grade assignments… shall become effective one approve by the County Administrator or Attorney as the case may be.
V.C. Application
New Hire Employment

2.a. Removed verbiage pertaining to hiring at the minimum of the assigned pay grade.
(new) a. (formerly b)
b.  Split up for easier reading and reference into new a. and b.  Added language for Director to request higher than entry level and HR Director reviews and either supports or does not support request (instead of approve or deny). (Not current practice – HR Director is not requiring pre-notice of above entry hiring)  County Administrator or designee must approve if not supported by HR Director. 
V.C.5. Temporary Assignments
a.  Acting Status
– compensation during the assignment shall be determined by the county administration
c.  Added language to address skill-based duty requirements (such as language incentive, career incentive for licenses held, etc.) when performing skills or receiving incentive in job, and that the rate shall be a flat rate to be determined by HR.
d.  Added language that effective pay increases and ending of the assignments shall coincide with pay period begin and end dates.
V.C. Application
 6. Reclassifications and Reorganizations

 a.   Higher pay grade reclassifications shall be compensated based upon the County’s assessment of the factors set forth in subsection © below and shall take effect on the first pay period after the effective date of the reclassification.
c. compensation consideration will also take into account where individual’s pay falls within the new pay range.
VII. Leaves of Absence
A. Vacation Leave

3. If an employee’s vacation leave balance exceeds its maximum by end of calendar year (inclusive of the pay period containing the end of the calendar year),
13.Sick Leave Bank
a. struck ‘minimum of two consecutive weeks’ added that SLB does not provide benefits for  members being paid by a long term disability policy or, … self-inflicted injuries, injuries covered by worker comp law (including secondary employment).
B.  Sick Leave
8. Family Sick
c. Immediate Family re-defined as the following persons related to the employee:
For the purpose of administering this type of leave, "Immediate Family" is defined as the following persons, as related by blood or law to the employee and/or the employee’s spouse: spouse, child (defined as biological, adopted, foster child, or stepchild), step-child, foster child, grandchild, parent, step-parent, mother-in law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grand or great grandparent, step-grand or step-great grandparent, brother, sister, half-brother, half-sister, step-brother, or step-sister, or legal guardian.   The definition also includes an individual for whom the employee or the employee’s spouse is the legal guardian, and any other family member of the employee or of the employee's spouse who was a full-time resident in the employee's household immediately preceding the death.
C.   Personal Medical Appointment Leave
 2.  Removed superfluous language.
D. Bereavement Leave
1.a. Changed to 3 scheduled days for immediate family of employee, as newly defined in Section VII.B.8.b.
XI.  Discipline and Discharge
B. Grounds

26. Failure to obtain and maintain, or report suspension or revocation of, a state, federal or other license/certificate required or essential to the performance of the employee's job. , and failure to inform the County of such suspension or revocation of, license/certification.
Re-worded for clarification.
XII.  Complaint Procedures
A.  Definition of Terms
Removed definitions, 2 – 5, adjustment to 7, removed 9, - 11, for streamlining improvements.
B. General Provisions
2. a. Complaint procedure is applicable to all regular employees (previously only to non-probationary employees). 
XX.  Drug-Free Workplace Program
 Numerous changes/clarifications made, resulting from recent Audit findings.
XXI.  Professional Development  
 1.b. Tuition reimbursement specifically excludes remedial courses in addition to doctoral dissertation credits.
3. The annual report of training has been obsoleted.
 4.b. Degree programs (added, ‘and college courses related to current position, and exclude remedial courses)  
 9. slight change to read:
Attendance at training workshops/seminars is permissible during working hours with prior department approval. All employees who attend education or training classes during normal working hours are directed to request Education/Training time in the County’s time and attendance/payroll system.
 10. Deleted, since HR Record of Training  form has been obsoleted.
XXV. Miscellaneous Policies
M.  Use of Tobacco and “e cigarettes” –
further clarification:
Use of any lit or smokeless tobacco product, as well as e cigarettes, is prohibited within County owned/leased buildings, including bathrooms and stairwells, except in areas specifically designated and designed for smoking.  Department directors may prohibit the use of, or adopt rules related to the use of, “e cigarettes”.

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 14-113

Reviewing Attorney

Instructions to Board Records
Electronic copy of executed resolution to HR Director (rod.barnes@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:  PersPolicy15AdoptRES.pdf
Attachment:  FINAL PersonnelPolicy15 11-3-15.pdf