Table of Contents

1.0         POLICY ADOPTION AND GENERAL ADMINISTRATION.. 1

1.1                 Resolution 2011-05. 1

1.2                 General Administration. 1

2.0         EMPLOYMENT. 1

2.1                 Recruitment 1

2.2                 Selection. 1

2.2.1                     Selection Tools. 1

2.2.2                     Drug Testing. 1

2.2.3                     Determination of Qualification. 1

2.3                 Policy Review.. 2

2.4                 Discrimination. 2

2.5                 Employment Harassment 2

2.6                 Report of Discrimination or Harassment 2

2.7                 Employment Agreement 2

3.0         TRAINING.. 2

3.1                 Policy. 3

3.2                 Provisions. 3

3.2.1                     Job-related training. 3

3.2.2                     Higher Education. 3

4.0         SALARY ADMINISTRATION.. 3

4.1                 Hours of Work. 3

4.2                 Compensatory Time. 3

4.3                 Salary Approval Authority. 3

4.4                 Deductions. 4

4.5                 Pay Days. 4

5.0         EMPLOYEE BENEFITS. 4

5.1                 Paid Time Off. 4

5.1.1                     Leave Accrual 4

5.1.2                     Leave Carry Over 4

5.1.3                     Leave Payout 4

5.1.4                     Attendance and Leave. 4

5.1.5                     Holidays. 5

5.1.6                     Select Reserve Duty Policy. 5

5.1.7                     Medical Leave. 6

5.1.8                     Emergency Leave. 6

5.1.9                     Leave Due to Illness. 6

5.1.10                   Bereavement Leave. 6

5.1.11                   Leave for Court Appearances. 7

5.2                 Leave without Pay (LWOP) 7

5.3                 Death. 7

5.4                 Insurance Benefits. 8

5.4.1                     Social Security. 8

5.4.2                     Workmen's Compensation Insurance. 8

5.4.3                     Health Insurance. 8

5.4.4                     Retirement 8

5.4.5                     Life Insurance. 8

5.4.6                     Unemployment Compensation Insurance. 8

6.0         EMPLOYEE RELATIONS. 8

6.1                 Statement of Policy. 9

6.2                 Standards of Performance. 9

6.3                 Responsibilities. 9

6.4                 Grounds for Disciplinary Action. 9

6.5                 Types of Disciplinary Action. 10

6.5.1                     Written Reprimand. 10

6.5.2                     Suspension. 10

6.5.3                     Dismissals. 10

6.6                 Disability. 10

6.6.1                     Disability is Correctable. 11

6.6.2                     Disability Not Correctable. 11

6.7                 Resignations. 11

6.7.1                     Resignations in Good Standing. 11

6.7.2                     Resignation with Prejudice. 11

6.7.3                     Constructive Resignation. 11

6.8                 Standards of Conduct 11

6.8.1                     Gifts and Gratuities. 12

6.8.2                     Use of Town Vehicles. 12

6.8.3                     Use of Town Property. 12

6.8.4                     Outside Employment 13

6.8.5                     Selling and Solicitation. 13

6.8.6                     Payments of Financial Obligations. 13

6.8.7                     Political Activity. 13

6.8.8                     Nepotism.. 14

7.0         Grievances. 14

8.0         Appendix 1:  Employment Agreement 15

9.0         Appendix Ii:  Hold Harmless Agreement 16

 


1.0       POLICY ADOPTION AND GENERAL ADMINISTRATION

1.1        Resolution 2011-05

This Personnel Policy is adopted by Resolution 2011-05, effective July 12, 2003.

1.2        General Administration

This policy statement is not a contractual guarantee or the assurance by the Town of Shalimar to its employees of any specific right or expectation.  This manual is a statement of policy which is intended to be changed from time to time as circumstances warrant.  Changes will be approved by the Town Commission.  The words and privileges stated herein will be interpreted and applied at the sole reasonable discretion of the Town of Shalimar, acting through its commission and authorized representatives.  There is no contract right or employment expectation created by this manual.  Its contents may be changed at any time and the changes will apply to all employees regardless of date of employment. 

2.0       EMPLOYMENT

2.1        Recruitment

Hiring procedures will be at the discretion of the Town Commission.  Publicizing a job vacancy may be made in any of the following ways:  advertisements in the local newspapers, radio and television announcements, advertising in trade journals and publications, contact with secondary schools, technical education centers, colleges and universities or with the State of Florida Employment Agency.  All advertisements will communicate essential information to the prospective applicant.  This information will normally include the title, minimum qualifications, salary range, the method of making application and the closing date for the application.  Included will be the statement, "An Equal Opportunity Employer". 

2.2        Selection

2.2.1   Selection Tools

As determined by the Shalimar Commission, the selection process shall include one or more or all of the following:  oral interviews, evaluation of experience and training, reference checks, background checks, written examinations, and performance tests.  Physical examinations may also be required. 

2.2.2   Drug Testing

Compulsory drug testing is required for all new employees and if conditions warrant, due to job performance, the Mayor or Town Manager may require supplemental drug testing at any time. 

2.2.3   Determination of Qualification

The Mayor shall categorize those persons eligible for full-time positions as being qualified.  The Shalimar Commission or designated Commissioner shall make the selection from those qualified applicants.  For part-time personnel, the department head or jurisdictional commissioner can determine qualification status.

2.3        Policy Review  

All employees will be provided a copy of this resolution and must sign a statement that he/she has read and understands all policies and procedures addressed in this resolution.  The signed statement will be kept in the employee’s personnel file. 

2.4        Discrimination  

Discrimination against any person on the basis of race, color, sex, age, national origin, religion, disability or other protected status, is not practiced and will not be condoned in the Town of Shalimar.  The Commission is committed to maintaining a work environment that is free of discrimination with respect to hiring, termination, compensation, or the terms, conditions or privileges of employment.  Any person who believes he or she is the victim of discrimination on the basis of race, color, sex, age, national origin, religion, disability or other protected status is required to discuss the matter with his or her supervisor, or if that supervisor is the person responsible for the conduct, with any Town Commissioner.  The person with whom the employee speaks will inquire into the matter immediately, will maintain the confidentiality of the matter to the greatest extent possible, and recommend appropriate action to the Mayor. 

2.5        Employment Harassment  

Employee harassment is not practiced and will not be tolerated.  The Town work environment will be free of harassment, including sexual harassment.  Unwelcome conduct, whether verbal, physical or visual, based on any protected status is prohibited.  Such conduct will not affect the tangible job benefits of any employee.  Any employee who believes he or she is a victim of harassment is required to provide written details of the matter to his or her direct supervisor, or to any Commissioner in the Town of Shalimar.  The person to whom the disclosure is made will inquire into the matter immediately, will maintain confidentiality of the matter to the greatest extent possible, and will take appropriate action at once or recommend an appropriate action to the Mayor.

2.6        Report of Discrimination or Harassment  

The employee is reminded that discrimination or harassment in the Town of Shalimar is required to be reported.  The Town of Shalimar will do everything possible to ensure the privacy on that report; however, the employee is reminded that the report enables the Town to create a necessary record of activity.  Therefore, a report of the discrimination or harassment is not discretionary; it is a required act of the employee. 

2.7        Employment Agreement  

Candidates for employment with the Shalimar Police Department will be required to sign an Employment Agreement (Appendix 1) between the Town of Shalimar and the prospective employee prior to approval for employment.  This agreement will be finalized and signed by the Chief of Police and the Police Commissioner.  This agreement has been reviewed for function and form by the Town Attorney and a copy of this agreement is filed in the Personnel Policy Manual as Appendix I. 

3.0       TRAINING

3.1        Policy

It shall be the policy of the Town of Shalimar Commission to foster and promote training programs (conferences, workshops, institutes, etc.) for employees to better educate themselves for advancement.  The Town Commission also recognizes the value of higher education programs and will assist employees whenever possible.

3.2        Provisions

3.2.1   Job-related training

Employees in good standing shall be eligible to attend training programs that are job-related with advanced approval of the Town Commission.  The Commission will fund the cost of the approved training programs in addition to paying reasonable expenses incurred by the employee in accordance with the Administrative Policy of the Town of Shalimar.

3.2.2   Higher Education

Employees in good standing shall be encouraged to pursue higher education goals provided such goals do not directly impede job performance.  Higher education programs must be approved by the Town Commission and reimbursement costs must be funded from the appropriate department's annual budget.  In all cases, reimbursement will not exceed 75% of tuition costs and proof of a minimum 3.0 grade equivalent is required.

4.0       SALARY ADMINISTRATION

4.1        Hours of Work

The Town of Shalimar Administrative and Police Department offices will, at a minimum, be open for business from 9:00 a.m.  to 12:00 p.m.  and from 1:00 p.m.  until 4:00 p.m., Monday through Friday, except for official holidays.   Flexibility in this schedule must be coordinated with the Town Manager.  The normal workweek for full-time employees is five days and forty (40) hours per week. 

4.2        Compensatory Time

Only employees who agree with the following compensatory policies will be allowed to work over 40 hours per week.  Such employees who work more hours than the standard workweek established for that position do so at the discretion of their supervisor, and are allowed compensatory time off.  Compensatory time will be at a rate of 1.5 hours for each excess hour worked.  Employees separating from employment may receive pay for accrued compensatory time.  Compensatory time not used within the month following accrual will be carried forward in a maximum amount of 16 hours.  The Town Commission must authorize any overtime pay.

4.3        Salary Approval Authority  

The salary of each position within the Town of Shalimar shall be determined by the Commission.  The salary of all new hires, as well as increases which result from promotion or decreases which result from disciplinary actions, shall be approved by the Commission.  Payment in lieu of authorized benefits will similarly be approved by the Commission.

4.4        Deductions

The acting Financial Administrator will make deductions from the employees’ paychecks to pay for Social Security, Federal Income tax as required by law, and all other deductions authorized under this section.  Deductions will be made on a bi-monthly basis from the employee's regular salary. 

4.5        Pay Days  

The Town of Shalimar issues payroll checks bi-monthly.  Should a payday fall on an official holiday, paychecks will be issued on the last working day before the holiday. 

5.0       EMPLOYEE BENEFITS

5.1        Paid Time Off

5.1.1   Leave Accrual

Every full time employee in the Town of Shalimar shall be allowed annual vacation leave with pay.  Such annual leave shall be granted in the manner indicated below:

40 Hour Work Week

Monthly

Annually

0-1 years

9.33 hours

14 days

1-10 years

14 hours

21 days

more than 10 years

18.66 hours

28 days

5.1.2   Leave Carry Over

Up to 160 hours of annual leave may be carried forward into the next fiscal year.  Leave earned in excess of 160 hours must be taken by September 30 of the year in which it is earned or it shall be forfeited.

5.1.3   Leave Payout

Employees may receive pay for accrued leave up to 160 hours, with approval by the Town Commission, when separating from the Town of Shalimar.  This payment is calculated based on the employees current annual salary divided by 2080 and multiplied by the number of vacation hours for which he/she has become eligible.

5.1.4   Attendance and Leave  

An attendance record shall be maintained for each employee.  This record will reflect all absences and shall be available to the employee for inspection upon request.  The Police Chief will review and initial all police department employee time reports at the end of each pay period.  The Deputy Clerk or Town Manager will be notified by email of the details of all absences to include annual leave. 

5.1.4.1           Leave Scheduling

Each Supervisor may use whatever methods of compiling and scheduling leave requests he/she wants to, as long as the methods are reasonable, fair, consistent, and not discriminatory.  Supervisors shall not schedule annual leave in such a way that departmental operations break down or are seriously impeded.  Supervisors or jurisdictional Commissioners shall respond to employee requests for vacation (annual leave) as quickly as possible.

5.1.4.2           Leave Status on a Holiday

When a regularly scheduled holiday occurs during the period of an employee's leave, annual leave shall not be charged for the holiday.

5.1.5   Holidays

The following shall be observed as official paid holidays for the employees of the Town of Shalimar:

New Year's Day

January 1

Martin Luther King's Birthday

3rd Monday in January

Presidents' Day

3rd Monday in February

Memorial Day

Last Monday in May

Independence Day

July 4

Labor Day

1st Monday in September

Columbus Day

2nd Monday in October

Veteran's Day

2nd Monday in November

Thanksgiving Day

4th Thursday in November

Christmas Day

December 25

5.1.5.1           Additional Holidays

The Town of Shalimar Commission and/or Mayor are empowered to declare additional holiday(s) or employee incentive days.

5.1.5.2           Holiday Observance

When a holiday observed by the Town of Shalimar falls on Sunday, such holiday shall normally be observed on the Monday after the holiday.  When a holiday observed by the Town of Shalimar falls on Saturday, such holiday shall normally be observed on the Friday before the holiday.

5.1.6   Select Reserve Duty Policy

The Town of Shalimar supports those who support our country.  We are proud to employ the citizen-soldier and support The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA 38 U.S.C.  4301-4335)

5.1.6.1           Military Leave of Absence

A military leave of absence will be granted if an employee is absent in order to serve in the uniformed services of the United States for a period of up to five years (not including certain involuntary extensions of service).  An employee is eligible for military leave beginning the first day of employment.  Employees who perform and return from service in the Armed Forces, the Military Reserves, and the National Guard will retain certain rights with respect to reinstatement, seniority, layoffs, compensation, length of service promotions, and length of service pay increases, as required by applicable federal or state law.  Copies of applicable military pay records must be submitted to support a military leave of absence claim. 

5.1.6.2           Military Duty Pay:

Town of Shalimar employees who are members of active Reserve units of one of the Armed Services or the National Guard will be paid while participating in annual encampments or training duty for a period not to exceed 10 working days per fiscal year.  Additional military leave shall be charged as annual leave or administrative leave without pay.  Such leave will be granted without loss of time, as specified in Florida Statutes, Chapter 115.

5.1.7   Medical Leave

Leave without pay may be granted for employees who have exhausted annual leave and require extended medical leave - see section 1-8.  The position held by an employee may be held open for a maximum period of 3 (three) months while he/she is on an extended medical leave.  If it becomes necessary to fill the position in order to ensure continued smooth, quality operation of the department, the employee shall be notified immediately and assured that every effort will be made to place him/her in a position of like status and pay when he/she is able to return to work.  If an employee is unable to return to work on the date established for his/her return to duty, he/she will notify his/her Supervisor as far in advance as possible.  An employee who fails to return to work on the date established and fails to so notify his/her Supervisor may be terminated.  The Town of Shalimar reserves the right to require a statement from the employee's attending physician to the effect that the employee is able to resume his/her normal duties before allowing the employee to return to work.

5.1.8   Emergency Leave

Employees who are absent due to an emergency should call or have someone call his/her Supervisor to report such an absence.

5.1.9   Leave Due to Illness

Employees who are absent due to illness should call his/her Supervisor to report such an absence.  An employee who has been absent under any of the following conditions must, upon returning to work, have a doctor's statement that indicates no work restrictions:

·         Employee has been hospitalized.

·         Employee has been granted personal leave which is in reality for medical reasons, i.e., employee is hospitalized or is undergoing a surgical procedure which could be disabling, even though the employee, for personal reasons, does not file a claim for group insurance benefits.

·         Employee has a non-work related accident, even if no time is lost from his/her regularly scheduled work shift (i.e.  weekend or after-hour accident).

·         Employee is absent five (5) or more consecutive work days.

5.1.10           Bereavement Leave

In case of death in an employee's immediate family, up to three (3) days bereavement leave with pay may be authorized by the Supervisor.  Immediate family shall be defined as parent, child, spouse, brother, sister, grandparent, parent-in-law, brother-in-law, sister-in-law and grandchildren of either spouse.

5.1.11           Leave for Court Appearances

5.1.11.1       Jury Duty

All full time Town of Shalimar employees selected for jury duty shall be entitled to civil leave with pay for the period of absence required.  Such leave shall not be charged to annual or sick leave earnings.  Eligibility commences on the first day of active employment.  If an employee is called for jury duty and serves as a juror on a regular working day or days, he/she will receive pay for the time lost (up to eight hours per day) from work by reason of such service.  When called for jury duty, the employee must show the summons to his/her supervisor prior to the date of service so that authorization and plans for the absence can be made.  Failure to do so in advance may be cause for the employee not to receive jury duty pay.  When released from jury duty for any day, the employee will be expected to return to work for that day.  If released from jury duty before the regularly scheduled lunch period, an employee is required to return to work.

5.1.11.2       Court Attendance on behalf of the Town of Shalimar

All full time employees subpoenaed or ordered to attend court to appear as a witness or to testify in some official capacity on behalf of the Town of Shalimar shall be entitled to leave with pay for such period as his court attendance may require.

5.1.11.3       Private Litigation

Absence of an employee from work to appear in private litigation, either as a principal or a witness, shall be charged to annual leave or to leave without pay, if no annual leave is accrued.

5.2        Leave without Pay (LWOP)

Leave without pay for up to ten (10) days may be approved by the supervisor with the approval of the jurisdictional commissioner.  LWOP will only be approved if that period of absence does not require replacement of the employee's services.  Normally such leave will not be granted until the employee has used all accumulated annual leave.  In the event of an extended period of disability due to illness, injury or maternity, the employee may apply for leave without pay (LWOP) status if all accrued annual leave has been exhausted.  The total leave period shall not exceed 90 days without Commission approval.  The application for LWOP shall be in writing and shall include a physician's certification of the condition and the period of time the employee will be incapacitated.  Any extension requests must also be accompanied by a physician’s certification.  The Town of Shalimar may require additional documentation from other physicians. 

5.3        Death

Employment will be constructively terminated as of the date of an employee's death.  All compensation due to the employee at termination shall be paid to the beneficiary, surviving spouse, or to the estate of the employee as determined by law or by executed forms in the employee's personnel folder. 

5.4        Insurance Benefits

5.4.1   Social Security

The Town of Shalimar will participate in the Social Security System.  All eligible employees will be covered.  The employee's share of the Social Security taxes will be withheld from the employee's pay on a bi-monthly basis. 

5.4.2   Workmen's Compensation Insurance  

The Town of Shalimar will maintain Workmen's Compensation Insurance on all employees as prescribed by the Florida Workmen's Compensation Law. 

5.4.3   Health Insurance 

The Town of Shalimar shall pay a portion of the premium costs for group health insurance coverage of each full-time (25 hours per week or greater) employee and their immediate family.  All full time employees are eligible to participate in the Town's health care program and any percentage costs (to employees) for participation in the program will be set for the following fiscal year during the Town's annual budget process.  Employees who opt out of the Town's group insurance program may be eligible for compensation in lieu of participation. 

5.4.4   Retirement  

Police Officers will participate in the Florida Municipal Pension Trust Fund, administered by the Florida League of Cities.  All other full-time employees may elect to participate in a matching fund IRA type retirement plan.  The Town's maximum matching contribution to participating IRA employees shall be according to the following longevity schedule or as specifically determined by the Town Commission during the budget or hiring process:

Years of Town Employment

Maximum Matching Contribution

0-3

3%

3-5

6%

5-10

9%

10-over

12%

 

5.4.5   Life Insurance  

The Town provides life insurance for each full-time employee.  The minimum amount of life insurance is $50,000.00 for each full-time employee.  The Town of Shalimar shall pay the premiums for each employee.  If an employee wishes to increase his/her life insurance above $50,000.00, he/she may do so by having the increased coverage premium deducted from the employee's pay on a bi-monthly basis. 

5.4.6   Unemployment Compensation Insurance  

The Town of Shalimar is a registered, reimbursable employer with the State of Florida.

 

6.0       EMPLOYEE RELATIONS

6.1        Statement of Policy  

It shall be the duty of all employees to comply with and to assist in carrying out the provisions of the personnel rules and regulations listed herein.

6.2        Standards of Performance

It shall be the duty of each employee to maintain high standards of conduct, cooperation, efficiency and performance in his/her work for the Town of Shalimar.  Whenever work habits, attitude, production or personal conduct of any employee falls below a desirable standard, supervisors should point out the deficiencies at the time they are observed.  Corrections and suggestions should be presented in a constructive and helpful manner in an effort to elicit the cooperation and goodwill of the employee.  Supervisors shall assist employees in gaining capability through on-the-job training as required. 

6.3        Responsibilities

It is the duty of every employee to attempt to correct any faults in performance when called to the employee's attention and to make every effort to avoid conflict with the rules and regulations.  It is mandatory that every Supervisor discuss improper or inadequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise disciplinary action.  As a matter of policy, discipline will be of an increasingly progressive nature.  Where incremental discipline is appropriate, the steps of progression are as follows:

·         Oral reprimand or written reprimand

·         Suspension

·         Demotion

·         Dismissal

6.4        Grounds for Disciplinary Action

The following are declared to be grounds for discipline of any employee:

·         Conviction of a crime

·         Acts of incompetence

·         Absence without leave

·         Insubordination

·         Intentional failure or refusal to carry out instructions

·         Misappropriation, destruction, theft or conversion of town property

·         Habitual tardiness and/or absenteeism

·         Falsification of any information required by the Town for employment purposes

·         Failure to properly report on-duty accidents or personal injuries

·         Neglect or carelessness resulting in damage to property and equipment while on duty

·         Working under the influence of alcohol/illegal drugs or use of such drugs or alcohol while on duty

·         Acts as a representative of the Town of Shalimar which creates an unprofessional or inappropriate public image

6.5        Types of Disciplinary Action  

The following provisions shall govern disciplinary actions affecting employees in the Town of Shalimar service.  A Supervisor, subject to the appeal rights of the employee as stated herein, shall have the following alternatives for disciplinary action:

6.5.1   Written Reprimand  

Unless the incident, action or behavior of the employee is such as to initially warrant a more severe type of disciplinary action, a written reprimand shall usually be issued for first offenses.  Written reprimands should state the necessary corrective action and a warning that repeated offenses may lead to sterner measures.  A copy should be filed in the employee's personnel records. 

6.5.2   Suspension  

A Supervisor may, for disciplinary purposes, suspend without pay any employee under the Supervisor's supervision for such length of time as is considered appropriate, but generally not to exceed thirty (30) days in any twelve (12) month period.  When the interest of the Town of Shalimar can best be served by immediate removal of an employee from duty pending a decision to terminate, the employee may be suspended.  A decision on termination in such cases will usually be made within the thirty (30) day period described above.

6.5.2.1           Procedures

A written statement specifically setting forth reasons for and the length of time of such suspension shall be furnished to the affected employee.  The written statement shall be submitted to the employee within five (5) business days of the time the suspension becomes effective.  Notice of the charge or charges against the employee shall be specific and include the date, time, place and nature of the violation or misconduct charged in sufficient detail to provide the employee an opportunity to prepare a defense.  The Supervisor shall sign such notice.  Notice of disciplinary action against an employee shall be made by delivering a copy of such notice to the employee in person or by legal service of process, or, if the employee is absent without leave from his employment, by mailing a copy of such notice by certified mail to the last known address of the employee as reflected in his/her records.  When court action, an investigation or a trial of any charge is pending against an employee and he/she is suspended, such suspension without pay may be extended by the Mayor until final court action is taken or disposition of the charges has been made.  Such employee determined to be innocent of the charges against him/her may be returned to duty.

6.5.3   Dismissals  

In Florida, employees are presumed to be "at will." At-will employees may be terminated for any reason not specifically precluded by law.  A full time employee may only be discharged by written notice of the Town of Shalimar Commission.  Employees dismissed with notice may be compensated for accrued annual leave.  Temporary and part-time employees may be dismissed without notice by the Commission. 

6.6        Disability  

A Supervisor, with the approval of the Commission, may direct any employee under his jurisdiction to be examined by a physician designated by the Town of Shalimar at the town's expense.  When a disability of any kind is discovered which impairs the effectiveness of an employee or makes his continuance on the job a danger to himself or others, the following action shall be taken:

6.6.1   Disability is Correctable

The employee shall be allowed a specified time as determined by the Supervisor to have it corrected.  Such time may be charged to sick or annual leave or, if no leave has been accrued, to leave without pay.  If the employee fails to take steps to have the disability corrected within the specified time, he shall be subject to disciplinary action or layoff.

6.6.2   Disability Not Correctable

If, in the opinion of the examining physician, the disability cannot be corrected, the Commission shall attempt to place the employee in another position which he/she can perform satisfactorily.  If that cannot be accomplished successfully, the employee will be separated from employment with the Town.

6.7        Resignations  

6.7.1   Resignations in Good Standing

To resign in good standing, an employee shall give his/her Supervisor at least two (2) weeks notice in writing.  Normally, failure to comply with this rule shall be entered on the service record of the employee.  The Town Commission may exempt an employee who has given less than the required notice if exceptional circumstances warrant such exemption.  Employees who resign shall be paid at the end of the pay period during which the resignation becomes effective.  A Supervisor who decides to resign shall submit a written letter of resignation to the Mayor at least four weeks (20 working days) in advance setting forth the date of leaving and the reasons for leaving.  Employees resigning without prejudice shall be compensated for earned annual leave.  Employees not giving proper notice on resigning shall be considered resigning with prejudice.  An employee who resigns may not rescind a resignation unless the Commission and Supervisor agree to the rescission.

6.7.2   Resignation with Prejudice

Resignation with prejudice shall occur when an employee does not give proper notice or an employee initiates a resignation but adequate grounds exist for dismissal

6.7.3   Constructive Resignation  

An employee, who, without valid reason, fails to report to work for three consecutive work days without authorized leave, shall be separated from the payroll and reported as having resigned. 

 

6.8        Standards of Conduct  

The purpose of this section is to describe a general code of conduct for employees of the Town of Shalimar.  All employees will be expected to adhere fully to these policies.  Failure to do so will be cause for disciplinary action. 

6.8.1   Gifts and Gratuities

No employee shall accept gifts, gratuities or loans from individuals or business concerns with which he/she has an official Town of Shalimar business relationship.  These limitations are not intended to prohibit the acceptance of articles of less than $10.00 in value which are distributed generally, or to prohibit employees from accepting social courtesies which promote good public relations, or to prohibit employees from obtaining loans from regular lending institutions.

Employees shall not solicit contributions from another employee for a gift to an employee in a superior official position nor shall such superior accept a gift presented as a contribution from employees receiving less salary than him/her.  The foregoing does not, however, prohibit a voluntary gift of nominal value when made on a special occasion.

No person seeking appointment to or promotion in Town of Shalimar government shall either directly or indirectly give, render or pay any money, service or other thing of value to any person in connection with an appointment, promotion or proposed appointment or promotion.  This prohibition is not intended to prevent payment to a legitimate employment agency. 

 

6.8.2   Use of Town Vehicles  

Town owned vehicles will be operated within the limits of the law.  Smoking is not permitted in town vehicles.  Operators will be held responsible for any fines or damages resulting from their own negligence as determined by the Town Commission.  Full time Shalimar Police Department Officers may use police vehicles for commuting to and from their residences and work if residing within a distance that, according to the Police Commissioner, allows the officer to perform duty as a standby officer.  Full time officers residing outside this limit may elect to use police vehicles for such commuting when agreeing to reimburse the Town for fuel expenses incurred.  This reimbursement will be for the mileage to and from their residence based on average vehicle miles-per-gallon and average current fuel prices.  These averages will be set quarterly by the Chief of Police in consultation with the Town Manager and Police Commissioner.  The Chief of Police will collect such reimbursement on the first of the month for the previous month's commuting.  The Chief of Police will be exempt from mileage assessment and also be responsible for monitoring vehicle odometer readings to ensure vehicle usage is in compliance with this policy. 

6.8.3   Use of Town Property  

The Town provides employees with necessary equipment and materials to carry out their job assignments.  The taxpaying residents of Shalimar pay for equipment and materials and it is the duty of each employee to respect the value of all supplies, equipment, and printed forms, regardless of their cost.  It is important to handle with care the machines and equipment used in the work for the Town.  It is also important that all office supplies be conserved.  Personal use of public equipment, materials, or supplies is not allowed unless specifically approved by a jurisdictional commissioner or by this policy. 

As approved by the Town Commission, certain items of Town equipment may be used by Town residents, employees and businesses up to date with their Town Business Tax.  Those desiring to use a piece of equipment shall reserve the equipment on a first come first served basis and complete an administrative Hold Harmless Agreement.  The Department Head will be consulted on equipment status prior to the lending of any Town equipment.  Borrowing of equipment shall not interfere with normal or emergency Town business.  The Town reserves the right to terminate a borrower agreement at any time and recover Town equipment for any reason as determined by the loaning Department Head, the Town Manager, or any member of the Town Commission. 

All Town of Shalimar electronic and telephone communications systems, computers and other business equipment shall be used for official town purposes.  While personal phone calls are permitted, they must be kept to a minimum.  No personal long distance calls may be charged to the Town.  Town computer systems shall not be used to transmit or download offensive, vulgar, or otherwise disruptive messages or materials. 

6.8.4   Outside Employment  

Outside employment is any paid employment performed by an employee in addition to his/her employment with the Town of Shalimar   Outside employment must be reported to and approved by the employee's Dept.  Head.  The following criteria will apply to outside employment:

·         Such employment shall not cause the employee to be late for work, to leave early, to be unavailable for work beyond normal duty hours, or cause any reduction in the employee's efficiency when on duty with the Town of Shalimar.

·         Such employment shall not involve a conflict of interest or conflict with the employee's duties.

·         Such employment shall not involve the performance of duties which the employee should perform as part of his/her job with the Town of Shalimar.

·         The nature of the outside employment shall not be such as to bring discredit or embarrassment on the Town of Shalimar.

·         Outside employment shall not occur during assigned working hours unless the employee is on approved leave.

6.8.5   Selling and Solicitation  

Employees are prohibited from selling or soliciting contributions while on duty, except for those organizations or causes specifically approved by the Commission. 

6.8.6   Payments of Financial Obligations  

Every employee is expected to pay just debts and financial obligations, particularly those directed by court order.  However, the Town of Shalimar is neither a collection agency nor an arbiter when the validity of a debt is questioned.  It shall be the responsibility of Supervisors to counsel employees about overdue debts and to take disciplinary action if warranted.

6.8.7   Political Activity  

Every employee shall have the right to express freely his views as a citizen and to cast his vote.  Coercion for political purposes of and by employees and use of their positions for political purposes is prohibited.  No employee or official of the Town of Shalimar shall, directly or indirectly, coerce, attempt to coerce or advise an employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political or religious purposes.  No employee or official of the Town of Shalimar shall use official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office.  Participation in partisan political activity by employees shall be permitted to the extent as provided under the Federal Hatch Political Activities Act while on duty.  Any person violating the provisions of this is subject to discipline by the Town of Shalimar Commission.

6.8.8   Nepotism  

The Town of Shalimar shall employ no person in a position in which his/her immediate family member would be his or her Supervisor.  For the purposes of this section the term "immediate family" refers to: spouse, and the grandparents, parents, brothers, sisters, children, grandchildren of both the employee and the spouse. 

7.0       Grievances

It is the policy of the Town of Shalimar that all employees shall be treated fairly and consistently in all matters related to their employment.  When an employee feels that he/she has not been so treated, he/she will have the right to present a grievance or appeal free from interference, restraint, coercion, discrimination or reprisal.  Grievances shall be brought to the Mayor or any Commissioner.  If the employee is not satisfied with their decision, he/she may request in writing to have the grievance heard at the next scheduled Commission meeting. 

 


 

8.0       Appendix 1:  Employment Agreement

Employment Agreement between the TOWN of SHALIMAR, Florida And

(Name) 

 

 

Be it agreed by accepting employment with the Town of Shalimar (Town) that:

1.  If the above named employee voluntarily separates from Town employment and secures employment (within 90 days of official termination with the Town) with another organization as an employee having law enforcement responsibilities; above named employee agrees to reimburse the Town for certain expenses associated with Town hiring and training.  These reimbursable expenses may include:  

a.     Costs of background checks. 

b.     Costs of medical exams. 

c.     Costs of any equipment secured for the employee that does not have residual value to the Town. 

d.     Costs of initial training.  Above named employee terminating under this agreement, agrees to reimburse the Town for initial on-the-job training costs in the amount of $_____________.  Completion of this training shall be documented by the Shalimar Chief of Police and maintained in the employees temporary personnel file. 

e.     Costs associated with specialized training provided by organizations other than Shalimar. 

2.  Total reimbursable expenses due to the Town under this agreement will be paid by the separating employee within 30 days of accepting new employment (as described above) according to the following reimbursement schedule:

Type Employee

Months employed after completion of training

Percent (%) of total reimbursable expenses due to Town

Part Time

Less than 6

100%

Part Time

6-12

50 %

Part Time

12-18

25%

Part Time

More than 18

0%

Full Time

Less than 12

100%

Full Time

12-18

50%

Full Time

18-24

25%

Full Time

More than 24

0%

 

 

Employee Signature

 

Date

Police Chief Signature

 

Date

Police Commissioner Signature

 

Date

 


 

9.0       Appendix Ii:  Hold Harmless Agreement

 

Description: logo

 

HOLD HARMLESS AGREEMENT BY
AND BETWEEN SHALIMAR RESIDENT AND
THE TOWN OF SHALIMAR

 

 

I, ____________________________________, of ____________________________, hereby agree to accept full responsibility for the temporary use of equipment owned by the Town of Shalimar.  I accept the equipment as suitable for my purposes in its current condition, and agree to return the equipment in like condition or reimburse the Town for costs incurred in returning the equipment to like condition.  I assume total responsibility for the use of this equipment and agree to hold the Town of Shalimar harmless for any and all damages or injuries that may occur during the use of this equipment.

Equipment to be used:

 

Expected date(s) of use:

 

 

 

 

 

 

 

Signature

 

Printed Name

 

 

 

Street Address

 

Date

 

 

Witness