(a)

City commission salary. Each member of the City Commission shall receive an annual salary in the amount of $16,500.00, said salary to be paid monthly from the general fund of the City, and shall be set forth in the annual budget adopted by the City Commission. Such salary shall be calculated from the date the City Commissioner takes office, and shall continue until such City Commissioner no longer holds office.

(b)

Additional compensation for mayor. The Mayor shall receive an additional annual salary in the amount of $1,500.00, said salary to be paid monthly from the general fund of the City, and shall be set forth in the annual budget adopted by the City Commission. Such salary shall be calculated from the date the Mayor takes office, and shall continue until such Mayor no longer holds office.

(c)

Annual review. The City shall cause an annual review of the compensation provided to the Mayor and members of the City Commission to be conducted no later than July 15 of each year.

(Ord. No. O-04-37, §§ 1—3, 8-16-2004)

A City Commissioner may participate in all insurance programs provided by the City with the same benefits and costs not to exceed that of any fulltime City employee.

(Ord. No. O-99-04, § 1, 11-2-1998)

The City Commission of the City of Alachua shall constitute the Community Redevelopment Agency, which shall also be known and referred to as the "CRA" or "Agency".

(Ord. No. 17-05, § 2, 12-12-2016)

(a)

Each member of the City Commission shall be a member of the CRA during his or her term of office as a member of the City Commission.

(b)

The CRA shall meet quarterly and more often if deemed appropriate, including by special meeting(s).

(c)

Public notice shall be provided prior to all meetings of the CRA and all meetings shall be open to the public.

(Ord. No. 17-05, § 2, 12-12-2016)

The CRA shall formulate and may amend its own rules of procedure and written bylaws. A majority of the CRA membership shall constitute a quorum, and all action shall be taken by a vote of at least a majority of the quorum present, unless in any case the bylaws shall require a larger number. The Mayor shall be the chair and the registered agent of the CRA. The Vice-Mayor shall be the Vice-Chair of the CRA.

(Ord. No. 17-05, § 2, 12-12-2016)

(a)

The City Manager of the City of Alachua shall serve as the executive director of the CRA and may request the services of such other technical experts, agents and employees of the city as it may require; or the CRA may employ such technical experts, agents and employees as it may require and determine their qualifications, duties and compensation. For such legal service as it may require, the CRA may employ or retain its own counsel and legal staff or utilize the services of the city attorney.

(b)

The CRA shall create an advisory board to represent the Community Redevelopment Area (the "Area"). The members of this advisory board shall reside or work at a business located within the Area. This board will serve in an informal advisory capacity. Spending authority will reside with the CRA. Staff support for the advisory board will be under the direction of the executive director of the CRA.

(c)

The CRA shall file with the City Commission and with the auditor general on or before March 31 of each year, a report of its activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expense as of the end of the calendar year. At the time of filing the report, the CRA shall publish in a newspaper of general circulation in the community a notice to the effect that the report has been filed with the city and the report is available for inspection during business hours in the office of the clerk of the City Commission.

(Ord. No. 17-05, § 2, 12-12-2016)

(a)

Pursuant to F.S. §§ 163.330 through 163-450, an area of the City has been found to be a slum or blighted area by Resolutions 82-4 and 98-46, as amended by Resolution 99-02. The area is designated as the community redevelopment area, and is legally described in the Amended Community Redevelopment Plan, incorporated by reference into Ordinance 13-07. This area was initially designated as the Community Redevelopment District by the City Commission in 1987, and its boundaries were amended by Ordinances 0-01-11 and 13-07. The base year valuations were determined for the parcels within the area in 1987. The community redevelopment area shall comprise the geographic area in which the CRA shall undertake activities for the prevention and elimination of the spread of slum and blight in accordance with F.S. §§ 163.330 through 163.450.

(b)

The City of Alachua Amended Community Redevelopment Plan, which was approved and adopted by the City Commission on August 13, 2013 by Ordinance 13-07 (the "Amended Plan"), contains the adopted redevelopment boundaries which comprise the Community Redevelopment Area in Appendix "A" to the Amended Plan. The Amended Plan is incorporated herein by reference and Appendix "A" to the Amended Plan is attached to this ordinance [Ord. No. 17-05] as Appendix "A".

(Ord. No. 17-05, § 2, 12-12-2016)

The CRA shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of F.S. Ch. 163, Part III, including all powers listed in F.S. § 163.370 within the Area.

(Ord. No. 17-05, § 2, 12-12-2016)

(a)

There is hereby established a trust fund, to be separately administered and accounted for, to be known as the Community Redevelopment Account (the "Account").

(b)

The Account shall be used for the deposit of all tax increment funds obtained by the CRA to finance or refinance community redevelopment projects within the Community Redevelopment Area and all such funds shall be used to carry out redevelopment activities included in the Amended Plan.

(c)

Until all redevelopment projects included in the Plan are completed and paid for, the Account fund shall receive the annual tax increment, as hereinafter defined, from all taxing authorities except school districts and those taxing authorities listed in F.S. § 163.387(2) exclusive of any debt service millage on taxable real property contained within the geographic boundaries of the Area described in attached Appendix "A".

(d)

Pursuant to F.S. § 163.387, the tax increment to be allocated annually to the Account shall be 95 percent of the difference between:

(1)

The amount of ad valorem taxes levied each year by the taxing authority, except those taxing authorities listed in F.S. § 163.387(2)(e) exclusive of any debt service millage on taxable real property contained within the geographic boundaries of the Area.

(2)

The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, except those taxing authorities listed in F.S. § 163.387(2)(e) exclusive of any debt service millage on taxable real property contained within the geographic boundaries of the Area as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority prior to the approval of the Community Redevelopment District in 1987 and providing for the funding of the Account.

(e)

The total of the assessed value of the taxable property, prior to the adoption of the Community Redevelopment Plan in 1987, was $6,295,700.00.

(f)

Until such time as the Amended Plan expires and its activities are paid for, the City shall, and all other taxing authorities except school districts are called upon to, annually appropriate to the trust fund, the tax increment described in this section for the area described in Section 2-855.

(Ord. No. 17-05, § 2, 12-12-2016)

(a)

Authority of mayor to execute agreements. The Mayor is hereby authorized and directed to execute all necessary agreements and amendments thereto with the Department of Administration for the purpose of extending the benefits provided by the Florida Retirement System to the employees and officials of this City, which agreement shall provide for such methods of administration of the plan by said City as are found by the Administrator of the Florida Retirement System to be necessary and proper, and shall be effective with respect to services in employment covered by such agreement performed on and after the January 1, 1973.

(b)

Withholdings authorized. Withholdings from salaries, wages, or other compensation of employees and officials are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state laws or regulations, and shall be paid over to the administrator designated by said laws or regulations to receive such amounts.

(c)

Local appropriations authorized. There shall be appropriated from available funds, derived from the general fund of the City, such amounts and at such times as may be required to pay promptly the contributions and assessments required of the City, as employer, by applicable state laws or regulations, which shall be paid over to the lawfully designated administrator of the Florida Retirement System at the times and in the manner provided by law and regulation.

(d)

Records and reports required. The City shall keep such records and make such reports as may be required by applicable state laws or regulations, and shall adhere to all laws and regulations relating to the Florida Retirement System.

(e)

Adoption of state terms and conditions. The City does hereby adopt the terms, conditions, requirements, reservations, benefits, privileges, and other conditions thereunto appertaining, of the Florida Retirement System, for and on behalf of all officers and employees of its departments and agencies to be covered under the agreement.

(f)

Manager designated as custodian of funds. The Manager is hereby designated the custodian of all sums withheld from the compensation of officers and employees as authorized herein and of the appropriated funds for the employer's contributions as provided in subsection (c) of this section, and the Manager is hereby made the withholding and reporting agent and charged with the duty of maintaining records for the purposes of this article.

(Code 1976, §§ 2-18—2-23; Ord. No. 52, §§ 3—8, 12-20-1972)

(a)

It is hereby declared to be the policy and purpose of the City to reinstate its participation in the Florida Retirement System for all employees or officers hired on or after January 1, 1996.

(b)

All employees or officers of the City who currently participate in the Florida Retirement System shall continue to participate in the Florida Retirement System.

(Ord. No. 04-38, §§ 1, 2, 8-16-2004)

State Law reference— Florida Retirement System, F.S. ch. 121; local participation in Florida Retirement System, F.S. § 125.051(2)(b).

The Personnel Policies and Procedures establishes policies and defines procedures which will serve as a guideline to administrative actions concerning personnel activities. These policies indicate the customary and the most reasonable methods whereby the aims of the Human Resource Management System can be carried out. It is the intent of the City to provide policies of personnel administration consistent with accepted personnel practices and to promote good employer/employee relations. The information contained in the Manual is intended as a general guide for employees. They do not constitute any form of employment contract or guarantee of continued employment or of any benefit contained herein. Rather, all employment with the City is at will and either the City or the employee may terminate the employment relationship at any time. This document is not intended to be a legally enforceable contract (either express or implied). It is also not intended to create any legally enforceable obligations on the part of the City.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City operates under a commission-manager form of government. The five- member elected commission is comprised of an elected mayor and four elected city commissioners and is responsible for the establishment and adoption of policy for the City. The City Manager, appointed by the City Commission is the chief executive officer of the City. The City Manager is responsible for establishing organizational goals and providing overall administration and direction to all City departments. In accordance with the City Charter, except for the purpose of inquiries and investigation, the City Commission shall deal with employees solely through the City Manager, so the City Manager may coordinate efforts of all City departments to achieve the greatest possible savings through the most efficient and sound means available.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Declaration of policy. To encourage employees to remain conscientious and maintain acceptably high ethical standards, the voters of Florida in 1976 approved Article II, Section 8, of the Florida Constitution entitled "Ethics in Government". In addition, the Florida Legislature enacted F.S. ch. 112, pt. III, entitled "Code of Ethics for Public Officers and Employees". These provisions are general in nature and the Commission on Ethics; authorized by Section 8 of the Constitution and created by F.S. ch. 112, encourages political subdivisions including municipalities to adopt ethical standards tailored to their particular needs. In accordance with these statutes and constitutional provisions, the City hereby adopts this Code of Ethical Standards.

Since it is neither desirable nor possible to list all possible activities that could result in a breach of the public trust, this Code serves as a guideline and statement of policy. Each employee bears a personal responsibility for assessing his or her own compliance with these policies and procedures. The ethical connotations of every action shall be considered carefully and be directed toward enhancement rather than erosion of the public trust.

(b)

Administration of the Code of Ethical Standards. Where a question arises concerning whether or not any activity conforms to this Code of Ethics, the City Manager shall decide the question. Questions on key decisions may be referred to the City Commission for comment and advice at the City Manager's discretion.

(c)

Fair and equal treatment. Every employee must treat all citizens with courtesy, impartiality, fairness and equality under the law. No employee shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen.

(d)

Use of city resources. Use of City resources for other than City business is prohibited. Using City personnel, vehicles, equipment, material or funds (including expense accounts) for other than legitimate City business is prohibited and such prohibited use is considered a breach of ethics.

(e)

Conflict of interest. No employee shall solicit or accept free or discounted goods, services, prizes, gifts, favors, accommodations, entertainment, discounted loans or anything else of value. This Code must be read as proscribing the appearance of impropriety as well as actual conflicts of interest. No circumvention of this Code is permitted by diverting free or discounted goods or services to family or associates of employees in order to avoid direct acceptance of gifts.

Exception - NO breach of ethics is deemed to occur under the following circumstances:

(1)

Free or discounted goods, services, loans, premiums and gifts available to the general public are excepted. Discounts, loans, premiums or gifts offered to the general public or a representative group thereof (a representative public group shall not predominantly consist of public officers and employees) may be accepted by employees on the same terms as offered to the public. There must be no evident intent to influence the decisions or performance standards of the employees in performing their official duties. (This exception is intended to permit participation in discounts offered to the public. Such discounts may be via sources including but not limited to: coupons in newspapers and other publications, general sales offered to the public, premiums and prizes offered certain open-membership groups such as Diners Club, Master Card, bank and credit union loans on terms offered to the public or to members of other credit unions, and the like. This exception is permitted only where no relationship exists between the official position of the recipient and the discounted goods or services received.)

(2)

Food and drink at meetings and public gatherings. is under restricted exception. Food and drink may be accepted infrequently by employees, without breach of ethics, providing there is no evident intent to influence official decisions or performance standards. (This exception is intended to permit attendance at breakfast, lunch and dinner meetings of organizations and committees and the like where the food is largely incidental to the occasion and expenditures per guest by the host are nominal.)

(3)

Promotional materials of inconsequential value are excepted. No breach of ethics occurs when the item accepted is unsolicited advertising promotional material or award and is of small resale value, such as a pen, pencil, note pad or calendar.

(4)

Campaign contributions are excepted. No breach of ethics occurs when a campaign contribution is accepted and publicly reported in accordance with the applicable election laws.

(5)

Incentive and merit awards are excepted. If the City or any group there from, with the approval of the City Manager, offers or gives an award, prize, premium or such, no breach of ethics occurs when an employee accepts.

(6)

Certain de Minimis uses when approved by the employee's supervisor and within the meaning set forth in the internal revenue code.

(7)

All unpermitted gifts must be immediately declined, returned or discarded. Employees must report receipt of any excepted item not available to the general public to their supervisors and Human Resources by the end of each month. Employees found in violation of this policy will be subjected to immediate disciplinary action, up to and including termination of employment.

(f)

Gratuities in general: Discretion and caution are recommended. In accepting even nominal gifts, treats or benefits of any kind, all employees shall carefully refrain from incurring obligations expressed, implied or reasonably presumable by others. Therefore, ordinary discretion suggests a polite but firm refusal of even minor largess (including food or drink) from those having business relationships with the City, or from those who may be affected by the professional judgment and job performance of the gift recipient. This paragraph does not intend to inhibit normal gift giving among family and friends on festive occasions. It does aim to discourage business oriented or other gifts with even the subtlest connotations of reciprocal obligations that could be fulfilled with preferential treatment.

(g)

Contracts with the City. Except for publicly recorded salary and benefits, no employee may receive any additional personal financial benefit (income, goods or service, or increase in equity or other value) from any transaction of the City. Such policy includes but is not limited to contracts for construction and transactions for the sale or purchase of goods, services or real estate, except those indirect and incidental public benefits and conveniences accruing to all citizens under similar circumstances.

(h)

Policy or legislative matters before the City Commission. Any employee who has a financial or other private interest shall disclose such interest in any matter requiring a decision and vote by the City Commission. The same will apply to any employee who contributes to the preparation, presentation or discussion of an official report or recommendation to the City Commission affecting such financial or other private interest. Such disclosure should occur at the appropriate public meeting, orally or in writing, be duly recorded in the minutes thereof and clearly express the nature and extent of such interest. The employee shall make this disclosure prior to any vote by the City Commission.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

The public employee feels that the public business is respectable, efficient and honorable and that it is as essential as private business.

(b)

The public employee realizes that loyalty is the foundation upon which the public service rests. He/she speaks well of and stands by the City whose wages support him/her.

(c)

The public employee is governed by high ideals in his/her public and private activities in order that he/she may merit the respect and confidence of people with whom he/she works, and the public, which he/she serves. He/she is careful to conduct himself/herself, both on duty and off, so as to reflect credit upon the City.

(d)

The public employee renders efficient service to the best of his/her ability, for efficiency begets public confidence and assures economical operation of municipal activities.

(e)

The public employee is resourceful and considers it his/her duty to improve himself/herself continually, to increase his/her output of work and to expand the scope of his/her usefulness.

(f)

The public employee has a thorough knowledge of his/her own job and possesses a profound respect for its importance.

(g)

The public employee is tolerant of the opinions and conduct of others. He/she has a full recognition of the rights and honest misunderstandings of the average citizen and of his/her fellow employees.

(h)

The public employee believes that a dual responsibility exists between him/her and the municipal government. Since the City is responsible for the payment of adequate wages, fair labor relation policies and job security, the obligation rests upon him/her to render honest, efficient and economical service in the performance of his/her duties.

(i)

The public employee is courteous, pleasant and tactful in his/her contacts with the public and fellow employees, for courtesy builds good will that money cannot purchase.

(j)

The public employee recognizes that the chief function of government is to serve the best interest of all persons all the time.

The Manual shall apply to all positions in the City Government with the exception of the following:

(1)

Members of City Commission and other Boards.

(2)

City Manager/Clerk.

(3)

City Attorney.

Where a contract exists between the City and employees belonging to a bargaining unit the contract takes precedence over this policy.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City Commission may amend these policies and procedures within the Code of Ordinances upon the recommendation of the City Manager. This document supersedes all previous policies and procedures. It is a reference document and not intended to contain all of the official policies and procedures of the City.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City may change these policies and procedures with regard to matters covered herein and such changes may not be reflected at the time in which they are read. The policies and procedures may be modified from time to time by management and shall supersede any written information previously distributed.

Copies of the City of Alachua Personnel Policies and Procedures are maintained on file with the various city departments. Each employee will be issued one personal copy of the Personnel Policies and Procedures by signing a receipt for same. It is each employee's responsibility to be familiar with and abide by these policies and procedures. Employees may contact Human Resources if they need more information.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Human Resources is responsible for the administration and technical direction of the City Personnel Policies and Procedures.

(b)

Department Directors are responsible for the proper and effective administration of these policies and procedures within their respective departments. Routine matters pertaining to enforcement may be delegated.

(c)

Employees with questions or concerns regarding these policies and procedures shall be referred to Human Resources.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Violation of any the policies found within may be grounds for rejection for employment, demotion, reduction in compensation, verbal and/or written reprimand, suspension and/or termination of employment or any combination thereof.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

For the purpose of these Personnel Policies and Procedures, the following terms shall apply. Non-defined terms shall be given their ordinary and common meaning as determined by the City Manager.

Anniversary date means the date upon which an individual was hired as a regular employee.

Appeal means an application for review of an alleged grievance submitted or instituted by an employee to higher authority.

Appointment means the offer to a person, and the acceptance, of a position authorized by the appointing authority.

Compensation means all applicable rates of pay which have been established for the respective positions set forth in the Compensation Plan.

Compensation plan means the official schedule of salary ranges for each approved position title.

Department Director means employees of the City designated by the City Manager to be the head of a department.

Demotion means the assignment of an employee from one position to another that has a lower level of autonomy, responsibility and/or compensation range.

Employee means any employee of the City covered by the provision of these policies and procedures.

(1)

Salaried/exempt employee: Any employee that meets the criteria for exempt status under the Fair Labor Standards Act (FLSA).

(2)

Non-exempt/hourly employee: Any employee whose official performance is subject to FLSA and who is compensated on an hourly basis.

(3)

Non-exempt salary employee: Any employee with a fixed schedule and salary however nonexempt under the FLSA.

Form means a document with blank spaces designed as a way to collect information. May be updated or reformatted by management as needed to carry out the purpose and intent of City policies and procedures.

Full time employee means an employee whose official performance of duty requires 40 or more working hours per week and is benefit eligible.

Insubordination means the unwillingness on the part of an employee, whether by action or omission, to submit to the authority vested in any supervisor as outlined in the Personnel Policies and Procedures.

Job Description means a general outline describing the current duties, responsibilities, general requirements and qualifications for a single position. Job descriptions are not intended to be all inclusive of the work an employee may be assigned.

the/this Manual means interpreted as the City of Alachua Personnel Policies and Procedures Manual.

Overtime means overtime is the required performance of work by non-exempt employees in excess of a 40 hour workweek as defined by the Fair Labor Standards Act (FLSA).

Part-time employee means an employee who regularly works less than 30 hours per week.

Performance evaluation means the periodic appraisal of an employee's work performance.

Position means a group of duties and responsibilities requiring the full-time or part-time employment of one person. This relates to the duties performed and not to the employee performing those duties.

Promotion means the upgrading of an employee from one position to another that has a higher level of autonomy, responsibility and/or compensation range.

Reclassification means the action of changing the FLSA status of a position based upon reevaluation or the movement of an employee to a position with a different FLSA status.

Reevaluation means the action taken to officially change an existing position to different duties, responsibilities and/or requirements and via revision of the compensation plan and job description.

Regular employee means a permanent employee who has completed a satisfactory initial training period.

Resignation means the voluntary termination of employment by an employee.

Salary range means the minimum to maximum approved hourly or annual compensation for a position based on comparative analysis of the job description.

Shall/will is interpreted as mandatory.

Standby assignment means an assignment made by a supervisor which requires an employee to be available for emergency work on off-duty time which may include nights, weekends or holidays.

Suspension means forced leave of absence, with or without pay, of an employee for disciplinary purposes.

Temporary employee means an individual employed for the duration of a particular project, or when regular employment is not anticipated.

Termination means Complete separation of any employee from employment with the City.

Training period means a working test and training period during which the employee is required to demonstrate the knowledge, skills and ability to perform the duties of the position. The initial training period will be six months.

Transfer means a change of an employee from one position to another with the same or a comparable salary range.

Vacancy means an approved position in the current budget that is not currently occupied by an employee.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City believes employees to be our most valuable assets. The City is an Equal Opportunity Employer and is committed to recruiting and retaining qualified and diverse employees by offering exceptional benefits and a challenging work environment. We will support the success of our employees by continually providing professional leadership and encouraging training and educational opportunities to enhance career satisfaction and performance. It shall be the policy of the City to:

(1)

Attract and retain qualified employees meeting or exceeding the minimum requirements of each position as outlined in the job description.

(2)

Support veteran's preference requirements pursuant to F.S. ch. 295.

(3)

Prohibit discrimination against any person in recruitment, evaluation, appointment, training, promotion, retention, or any other personnel action because of race, color, religion, age, creed, sex, national origin, marital status, disability or genetic information. Retaliation against an individual who complains of discrimination or harassment will not be tolerated.

(4)

Comply with the Immigration Reform and Control Act of 1986 by employing only United States citizens and non-citizens who are authorized to work in the United States. All employees are asked on their first day of employment to provide original documents verifying the right to work in the United States and to sign a verification form required by federal law (Form I-9). If an individual cannot verify his/her right to work within three business days of hire or provide a receipt for the application of required documents within the same three business days and the actual documents within a total of 90 days of hire, the City must terminate employment. Proof of eligibility to work must be provided at the time of employment for any person hired for less than three business days.

(5)

Afford equal opportunity to qualified individuals without regard to race, color, creed, religion, sex, age, national origin, marital status, disability or genetic information, except where the law allows consideration of such factors.

(6)

Equal Employment Opportunity. The City is committed to providing equal opportunity in all of our employment practices, including selection, hiring, promotion, transfer, and compensation, to all qualified applicants and employees without regard to age, race, religion, color, sex, national origin, marital status, citizenship status, disability, genetic information or any other protected status in accordance with the requirements of all federal, state and local laws. A copy of the City of Alachua's Equal Employment Opportunity Plan is available in Human Resources.

(7)

Accommodations. It is the policy of the City to afford equal opportunity to all employees, regardless of physical or mental disability. However, all employees with such disabilities are expected to perform the essential functions of their positions as both defined in their respective job descriptions or as performed on a regular basis as part of their normal responsibilities. All employees with disabilities are eligible for accommodations per the Americans with Disabilities Act. Such requests must be made to Human Resources. While the City cannot make all requested accommodations, it will work with the employees to define reasonable terms and supply such terms to the employee. If the employee cannot perform the essential functions with the requested accommodation, the employee may be separated from the City.

(8)

Selective service registration.

a.

No person who is required to register with the Selective Service System under the Military Selective Service Act, 50 U.S.C. App. 453, may be offered employment by the City in an authorized position, as defined in F.S. 216.011, without proof of such registration.

b.

No person who has failed to register as required by the Military Selective Service Act, 50 U.S.C. App. 453, subsequent to October 1, 1988, and who is currently employed by the City may be promoted to a higher authorized position without proof of such registration.

c.

The City shall provide for a review, when required by the applicant or employee, of any denial of employment or promotion for reasons of noncompliance with selective service registration requirements.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Applications must be made on a standard form approved by the City Manager.

(1)

Applications for City service positions shall be active and considered by the City for a term of six months from date the application was accepted.

(b)

After the expiration of a six month period, the application, if not renewed, shall remain on file for a period of four years.

(c)

Employment applications are accepted for open positions only, and must be filled out completely. Resumes are not accepted in lieu of an application. Resumes may be submitted with the application as supplemental information. Applications indicating "See Resume" for any response on the application will be considered incomplete and not processed.

(d)

Once an application is received, it will be screened by Human Resources to ensure that the applicant meets the minimum requirements and qualifications for the position. Applicants whose education (if applicable), work experience, skills and training most closely match the job description qualifications may be called in for testing, interviewing and other pre-selection processing.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Employment with the City shall be based on knowledge, skills and abilities as evidenced by:

(1)

Training and experience as reflected by the application form, interview process and other documentation of certification, registration, etc., as requested.

(2)

Written examination or performance tests when in the best interest of the City.

(3)

A background check, reference check, criminal history check (FDLE if applicable), a pre-employment drug screening and a post offer pre-employment physical examination are required if necessitated by the position.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Whenever an open position is to be filled, the Department Director under whose authority the position falls, shall notify Human Resources of the vacancy. Recruitment for available positions will be conducted by and coordinated through Human Resources. The methods for identifying prospective candidates will be through internal and external recruitment.

(1)

Internal recruitment. Positions filled by promotion, transfer or demotion of a current, regular City employee. The announcement of the position vacancy will be posted at City Hall and distributed via City email. Employees in a training period are ineligible for internal recruitment except as deemed in the best interest of the City by the City Manager.

(2)

External recruitment. Positions may be announced in one or more of the following: internet, newspaper, miscellaneous publications and third party source or other methods as deemed appropriate. Ultimately, the appropriateness of the approach (internal or external recruitment) depends on City needs.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

A temporary position is one that is established and approved by the City Manager for a specific period of time, after which time regular employment for the task is not anticipated. No such position can be established unless sufficient funds are provided in the budget. The City Manager shall have the authority to determine if the position is eligible for benefits, particularly those positions funded by a grant.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

It shall be the policy of the City to regulate employment of persons related to City officials or employees. For the purpose of this policy, the term related shall mean spouse, domestic partner, romantic partner, child, parent, siblings, grandparents, grandchildren and corresponding in-law or step relationships. After the effective date of this policy, no person shall be employed in the same department or division when he/she is related to a person where one is in a supervisory or administrative capacity over the other.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

A position may be filled by transferring a regular employee from one position to another for which the employee qualifies. Transfers must be approved by the responsible Department Director, Human Resources and the City Manager.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City must be able to employ individuals that are trustworthy and able to properly interact with key organizational partners. Employees agree, by signing the acknowledgement provision verifying agreement to this manual, that the City may conduct occasional criminal, employment, driving and educational background investigations on employees, as it deems necessary to conduct operations in an efficient and legal manner. The City reserves the right to take any and all action it deems necessary to act upon the results of such ongoing screening.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The compensation plan includes a set of approved job titles, salary ranges and job descriptions that identify, define and describe the type of work and level of difficulty and responsibility, and establish the desirable qualifications of each position.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Each approved position in the compensation plan shall have an accurate job description. Job descriptions may not detail every task associated with the position, as employees may have to perform marginal, job related duties as needed.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The salary range for each position is established by comparative study of the job description for each position. The City Manager shall make or cause to be made such comparative studies as necessary to maintain an accurate and current compensation plan.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Human Resources is charged with the responsibility for the proper and continuous maintenance of the compensation plan so it will reflect on a current basis the duties being performed by each employee in the City service. Administrative staff may recommend to Human Resources any necessary amendments to the plan. Reallocations of positions within the approved compensation plan shall be made as follows:

(1)

Human Resources, with the approval of the City Manager, shall evaluate each new position as it is created and, on the basis of the evaluation, place the position into the compensation plan.

(2)

Changes in the duties and responsibilities of a position involving the addition either of new assignments or removal or modification of existing assignments shall be reported to Human Resources by the Department Director. If these are determined to be permanent or more than minor changes that justify the reevaluation of the salary range, Human Resources, with the approval of the City Manager, shall propose the new salary range to the Commission for final approval.

(3)

Human Resources, with input from the Department Director, will periodically review the descriptions of each position and, upon the basis of investigation, make appropriate changes to the compensation plan.

(4)

Employees affected by the evaluation or reevaluation of a position shall be afforded a reasonable opportunity to be heard by the City Manager after filing a written request. The City Manager, after hearing the facts of the case, shall render his/her decision and such decision will be reported to the employee and to the Department Director in writing.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The minimum rate of pay for the job will be paid to qualified persons on their original appointment to a position; however, Human Resources may recommend to the City Manager a higher starting rate based on experience, training or education that warrants employment at a higher rate in the salary range.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Salary increases within appropriate salary range shall be based on:

(1)

Cost of living. Each year, during the budget review process, the City Commission will determine what percent, if any, will be granted for cost of living increases. The percent increase will be calculated based on current annual salary and rate of pay will be adjusted beginning the first pay period in October of each year. The pay plans will be adjusted by the percent determined.

(2)

Merit. Employees shall become eligible for salary increases, if any, depending on appropriations in the annual operating budget. Merit salary increases are based on the employee's annual performance evaluation as rated by his/her supervisor. The percentage of the merit increase will be applied to the employee's current hourly rate of pay up the maximum rate of his/her position's salary range. If an employee is at or near the maximum rate of pay for his/her position, the percentage of the merit increase that exceeds the maximum pay range may be given as a lump sum payment in lieu of increasing the current hourly rate of pay beyond the set maximum rate. If funds are available the merit increase shall be on the following schedule or as set by the Commission:

(3)

Other salary increases. Salary adjustments shall not be automatic, but shall depend upon increased value of the employee to the City, as exemplified by recommendations, length of service, performance records, special training, increased responsibilities or other pertinent evidence. Salary adjustments may be made on the recommendation of the Department Director or Human Resources and approval of the City Manager.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

If an employee is promoted, demoted or transferred, the rate of pay for the new position shall be determined as follows:

(1)

If the employee is promoted to a position with a higher salary range, he/she shall receive at least the minimum rate of the new salary range or a 5% rate increase.

(2)

If an employee is transferred to a position with the same salary range as his/her previous position he/she shall receive no salary increase at the time of the transfer.

(3)

If an employee is demoted into a position with a lower salary range, the employee shall be placed at an appropriate level within the new salary range as recommended by the Department Director or Human Resources and approved by the City Manager. Voluntary demotion may require a reduction in pay.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

It is the City's policy to avoid overtime work when possible. However, overtime work may sometimes be necessary to meet emergency needs, seasonal or peak workload requirements or to make accommodations when a department is understaffed. Supervisors are responsible for advance planning to minimize the need for overtime.

(1)

Overtime is defined as hours worked by a non-exempt employee in excess of 40 hours during the established workweek.

(2)

Overtime is compensated as follows:

a.

Non-exempt employees must have Supervisor approval prior to working overtime. The repeated performance of unauthorized overtime will result in disciplinary action.

b.

Non-exempt employees shall be compensated for overtime at one and one-half times the regular hourly rate of pay in accordance with Fair Labor Standards Act (FLSA) provisions. Only hours actually worked over 40 per work week will count as hours worked for the purpose of computing overtime. Therefore holidays, sick leave, annual leave, administrative leave or any other type of leave will not count as hours worked for overtime pay calculations. Stand by or call out pay is credited at actual hours worked, not at the time and one-half paid.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Overtime hours worked may be converted to compensatory paid time at the election of the employee. For each overtime hour worked compensatory time is banked at one and one-half hours. Compensatory time is subject to the following:

(1)

Employees will be allowed to accrue up to 240 hours of compensatory time. Employees who have accrued the maximum amount of compensatory time must then receive paid compensation for additional overtime hours.

(2)

The employee's supervisor must approve use of compensatory time off in advance.

(3)

Compensatory time paid to a regular employee, such as in the instance of reclassification from nonexempt to exempt, shall be paid at the regular rate earned by the employee at the time the employee receives such payment.

(4)

If an employee terminates, accrued balances of compensatory time will be paid at a rate of the average regular rate of pay over the employee's last three years of employment during which compensatory time was earned or the final regular rate, whichever is higher.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Stand-by time is paid at one hour on week days and two hours on weekends and holidays at time and one-half the regular rate of pay.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

All call-outs will be paid at time and one-half the regular hourly rate of pay. All call outs after normal working hours will be compensated for a minimum of two hours or for the total hours actually worked whichever is greater.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

To maintain a safe and productive working environment, the City recognizes that rest times are important. In specific circumstances, an employee may be approved for paid rest time to delay the start of the next scheduled shift to ensure eight hours rest between work assignments. Paid rest time may be approved to a maximum period of eight consecutive hours. Rest time pay is subject to the following conditions:

(1)

The employee must have stayed-on shift or been called-out for an unscheduled/unplanned trouble call that is routine in nature.

(2)

Rest time is not applicable to declared emergencies or to preplanned work assignments, whether inside or outside of regularly scheduled work hours. This policy does not limit the City's right to schedule and/or reschedule employees in accordance with business necessity.

(3)

The employee will not have had eight consecutive hours off between completion of the work and the scheduled start of the next work shift.

(4)

Paid rest time will only be available if the following day is a regular scheduled workday for the employee.

(5)

All paid rest time must be pre-approved at the department Director's, or designee's, discretion for each circumstance on a case-by-case basis.

(6)

The employee must obtain pre-approval from the Department Director, or designee, for the number of paid rest hours in each case. This will ensure that the department is aware of scheduling issues, options and possible conflicts.

(7)

For the purposes of calculating overtime pay, normally scheduled shift hours that are substituted for properly approved paid rest time hours will be considered hours worked.

(8)

Paid rest time policy examples. Examples based on a normal Monday through Thursday, 10-hour shift schedule of 7:00 a.m. to 5:30 p.m.

a.

Employee starts work on a Monday at 7:00 a.m., and works until 11:00 p.m. on the same day. When the employee reports to work at the normally scheduled start time on the next morning, Tuesday at 7:00 a.m., the employee has had at least eight consecutive hours of rest between shifts. Paid rest time is not applicable.

b.

Employee works his/her normal ten hour scheduled shift on Monday, getting off at 5:30 p.m., but is then called back to work at 8:00 p.m. and works until:

1.

11:00 p.m. - employee will report to work for his/her next scheduled shift on Tuesday at 7:00 a.m., having had eight hours between shifts. Paid rest time is not applicable.

2.

1:00 a.m. - under this policy, the employee may be approved to report to work for his/her next normally scheduled shift on Tuesday at 9:00 a.m., based on approved use of two hours of paid rest time.

3.

3:30 a.m. - under this policy, the employee may be approved to report to work for his/her next normally scheduled shift on Tuesday at 11:30 a.m., and may be approved for up to four and one-half hours paid rest time.

c.

Based on the above outlined schedule of Monday through Thursday, there would be no available paid rest time for hours worked after 5:30 p.m. on Thursday, through 5:30 p.m. on Sunday. Eligibility for paid rest time on Monday would be determined by the number of hours worked on Sunday after 5:30 p.m. through the start of the employee's regular scheduled shift on Monday.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Each year, during the budget review process, the City Commission will determine if funds are available for additional compensation based on Longevity. If funds are available, they will be awarded based on the criteria listed below:

Longevity amounts will be paid in lump sum (less withholdings, etc.)

(1)

In December based on years of service as calculated as of September 30 ^th .

(2)

Eligibility requires a rating of "meets expectations" or above for the current year and the employee must be employed by the City on the date of payment.

(3)

Longevity pay may be on the schedule below or as set by the Commission.

Five—nine years of consecutive full-time employment .....$500.00

Ten—14 years of consecutive full-time employment .....$1,000.00

15—19 years of consecutive full-time employment .....$1,500.00

20—24 years of consecutive full-time employment .....$2,000.00

25—29 years of consecutive full-time employment .....$2,500.00

30 or more years of consecutive full-time employment .....$3,000.00

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

It is the City's policy to comply with the salary basis requirements of all existing wage laws. Therefore the City prohibits any improper salary reductions from employees who are not eligible for overtime. If an employee believes that an improper reduction has been made to his/her salary, the employee should immediately report this to his/her direct supervisor, or to Human Resources. Reports of improper reductions will be promptly investigated. If it is determined that an improper reduction has occurred, the employee will be promptly paid the difference of his/her regular salary and the reduced salary.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Human Resources maintains the final record of all hours certified as worked by each employee as well as complete and accurate record of all leave taken.

(1)

The ultimate responsibility for the accuracy of all attendance and leave records rests, individually and separately, with the employee and his/her Supervisor.

(2)

Falsification of any attendance or leave records shall result in disciplinary action up to and including the termination of any or all employees involved.

(3)

Employees are required to sign their time cards and certify the hours worked are true and correct before submitting the records to the Human Resources Department for processing.

(4)

Work and compensation records shall be forwarded to the Human Resources Department on the first workday following the close of the pay period.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Employees who earn compensatory time or use any leave time in an amount less than a full hour will be credited or charged with such leave to the closest quarter of an hour.

(b)

All hours worked must be totaled at the end of the workday and the workweek. The totals will be rounded to the nearest quarter of an hour.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

It is the policy of the City to provide a system of compensation for employees who work during assigned hours (non-emergency) and during times when a declared City emergency exists. Employees are either designated as exempt or non-exempt based on state and federal laws.

(1)

Exempt employees are hired for an annual salary rate to accomplish a job for the City. To ensure availability for City operations, exempt employees are generally expected to be present and working for the total hours of the normal workweek.

(2)

The normal workweek for all full-time employees is 40 hours. For nonexempt employees, hours worked per day and work assigned is established by the Supervisor.

(3)

The work week starts at 12:01 a.m. Monday and ends at midnight Sunday.

(4)

Nonexempt employees are prohibited from working at home unless authorized to do so by their Supervisor. This exemption includes but is not limited to reading, sending or otherwise working on emails during off hours.

(5)

Employees may not voluntarily perform their regular duties for the City without compensation.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Each administrative area may allow employees one work break during the first half of their work shift and one work break during the second half of their work shift, provided that:

(1)

No single work break will exceed 15 minutes absence from the employee's workstation.

(2)

An employee may not accumulate unused work breaks.

(3)

Work break time cannot be used to cover for employees' late arrivals or early departures from duty.

(4)

Permission to take work breaks is based upon workload demands and may be withheld at the discretion of the Supervisor.

(5)

Nonexempt employees on a recognized lunch break of 30 minutes or longer are prohibited from performing any of their job functions during their lunch break. Employees are encouraged to take their lunch break away from their work area, but if they remain on the premises they shall not perform any duties.

(6)

Breastfeeding accommodation. The City recognizes the needs of new mothers and provides a reasonable unpaid break time needed to express breast milk for their nursing child for up to one year from the child's date of birth. A private office space will be provided that will shield the employee from view and will be wholly free from coworker or public intrusion. If such need arises, simply contact Human Resources, and necessary breaks and corresponding office space will be provided.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City is committed to developing, maintaining and supporting a comprehensive policy of equal opportunities in employment within the City. To assist in this the City will actively support flexible scheduling where it is reasonable and practical to do so and where operational needs are not adversely affected.

(1)

Definition of a flex schedule. A flex schedule is a work schedule that allows employees to work hours that are not within the standard 8:00 a.m. to 5:00 p.m. range, while maintaining a high level of service during City peak operating hours (typically 9:00 a.m.—4:00 p.m.). Flex-schedules must total a standard 40-hour workweek.

(2)

Eligibility. All full-time employees of the City who have successfully completed their initial training period are eligible to request a flex schedule. Certain types of flex scheduling might not be available for every division/department due to the services provided.

(3)

Managing flex schedules. It is the responsibility of the supervisor to manage department scheduling. Each time a flex schedule request is received the supervisor must review department schedules to ensure ample employee coverage during peak operating times. The supervisor must ensure the performance of employees with flex schedules. The supervisor has authority to revoke an approved flex schedule if abused.

(4)

Flex schedule options. There are three types of flex schedules available: Peak-hour flex scheduling, compressed work week and custom schedules. Approved flex schedules are the employee's standard work hours and must be worked consistently. (All schedules must include a minimum 30-minute lunch break.)

a.

Peak-hour flex schedule. This flex schedule option shifts daily work hours while still working an 8-hour day. For instance, instead of an 8—5 Monday—Friday schedule, an employee may work from 7:00—4:00, 7:30—4:30, 8:30—5:30, or 9:00—6:00. Working any of the available shifts within an 8-hour day constitutes a full workday.

b.

Compressed work week. To maintain this flex schedule, an employee works a full 40-hour workweek in less than five days. For instance, an employee may work 7:00—6:00 or 7:30—6:30 with a one-hour lunch or 7:00—5:30, 7:30—6:00 or 8:00—6:30 with a thirty-minute lunch. Working any of the available shifts within a 10-hour day constitutes a full workday.

c.

Custom flex schedule. In certain circumstances, the City's business needs are best accommodated with a custom work schedule. For instance, an employee may alternate a Monday—Thursday, Tuesday—Friday schedule or a department may require 24-hour coverage and therefore custom schedules for its employees.

(5)

Procedure for applying for flex schedule. To apply for a flex schedule, an employee must fill out the flex schedule request form and submit to his/her supervisor for initial authorization.

(6)

Procedure for approving or denying an employee's request for flex schedule. Once a request is submitted, the supervisor and Department Director will authorize or deny the flex schedule request and forward it to the Human Resources for wage and hour compliance. The request will then be forwarded to the City Manager for final approval.

The request will be kept on file in Human Resources. A copy of the request will be provided to the employee after final approval or denial of the request is made.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

During a declared City emergency procedures may be changed as required due to the circumstances and conditions.

(1)

A declared City emergency is a condition that may affect or does affect a large part of the City population, corporate limits, city property or resources available to the City. This condition may be a result of, but not limited to, a wind storm (hurricane, tornado), flood, fire, earthquake, hazardous materials and/or civil disobedience.

(2)

A City emergency may be declared by the Mayor or his/her designee, or the City Manager or his/her designee.

(3)

During a City emergency work schedules of individual employees may be altered without notice.

(4)

During times of declared emergencies scheduled leave time may be cancelled. After the emergency no longer exists an employee may reschedule his/her remaining leave time at the discretion of the Supervisor.

(5)

Employees who are on leave during a declared emergency may be recalled to work at the Supervisor's discretion. After the emergency no longer exists an employee may re-schedule his/her remaining leave at the discretion of the Supervisor.

(6)

During a declared emergency when City facilities are closed and employees are temporarily released from normal duty, they may be assigned to other needed tasks as determined by the City Manager. All employees will receive their normal straight time pay for their regular work period if released during the declared emergency.

(7)

Exempt and non-exempt employees who are recalled to duty or remain on duty during the declared emergency when City facilities are closed and other employees have been released from duty will receive their normal straight time pay in addition to pay at one and one-half times their normal rate of pay for all hours worked. Employees will continue on this pay schedule for the duration of the declared emergency. After the declared emergency no longer exists, employees pay schedules will return to the regular pay schedule.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Regular attendance is paramount for the successful operation of the City. In order to best serve our citizens and customers:

(1)

All full-time exempt employees are required to be present at their assigned workplace for the total hours of their normal workweek unless the Supervisor authorizes absence. All exempt employees must properly record and charge all absences.

(2)

All full-time non-exempt employees are required to be present at their assigned workplace for their full scheduled shift each workday unless the Supervisor authorizes absence. Nonexempt employees must properly record and charge all absences.

(3)

Part-time employees are required to be present at their assigned workplace for the total hours for which they are being compensated, unless the Supervisor authorizes absence. Part-time employees must properly record all absences.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

All employees, temporary and regular, are expected to arrive for work as scheduled. An employee's failure to report to work by the start of his/her scheduled shift will be considered tardiness. Employees must notify their Supervisor of tardiness in accordance with policy. Failure to comply with this requirement and/or excessive tardiness may result in disciplinary action up to and including termination.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

No employee, temporary or regular, may absent himself from his job without notifying the immediate supervisor in accordance with policy. Failure to comply with this requirement and/or excessive absenteeism may result in disciplinary action up to and including termination

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Failure to follow proper notification of absence procedure for three consecutive working days shall constitute job abandonment. This voluntary termination will be effective the last day worked.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

All Supervisors must supply their employees with accurate contact information for the purpose of business related communications. Employees are responsible for having this information available as needed to notify their Supervisor of unscheduled absence or tardiness. Employees should provide Supervisors as much notice as possible in events of absence/tardiness.

In the case of absence, notification must be no later than one hour prior to the start of the scheduled work shift. Failure to provide notification of absence prior to one hour before the start of the scheduled work shift may result in a no call/no show with the exception of extenuating circumstances as determined by the Supervisor or Human Resources.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Only full-time, regular employees are eligible for the use or payment of holiday and leave time.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City recognizes the following as observed, paid holidays:

The City Commission may grant additional holidays.

(1)

Holiday schedule. When a holiday falls on a non-operating day, the City Manager will determine the day observed by going backward or forward days to create an effective work schedule. Alternatively the City Manager may approve an adjusted work schedule for the week of the holiday. The approved holiday schedule for the fiscal year will be made available in Human Resources. The actual holiday will be used for employees scheduled to work the holiday and to calculate call-out pay.

(2)

Hours worked on a holiday. When a regular employee is required, by regular scheduling, to work on a holiday he/she shall receive holiday pay at the regular rate of pay, and, in addition thereto, shall receive his/her regular rate of pay for all hours worked on the holiday.

If an employee works overtime on a holiday he/she shall receive holiday pay at the regular rate of pay, and, in addition thereto, time and one-half regular rate for all the hours worked on the holiday. All non-scheduled overtime holiday work must have the specific approval of the City Manager.

Salaried exempt employees are not eligible for additional holiday pay.

(3)

Use of leave. When employees are on approved leaves with pay and a holiday occurs he/she shall not be charged leave for the holiday. Use of unapproved sick leave immediately prior to or following a holiday results in forfeiture of holiday pay unless a doctor's excuse is provided.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City grants all employees one personal leave day to be used anytime during the calendar year. Personal leave is granted as follows:

(1)

One personal day will be granted during the first pay period in January of each year for all current employees. Employees hired after the first pay period in January will not receive their personal day until the following January. Those employees working ten hours a day will be granted a ten hour personal day, those employees working 12 hours a day will be granted a 12 hour personal day and those employees working eight hours a day will be granted an eight hour personal day.

(2)

Personal leave may be awarded for minimal use of sick leave in the prior calendar year and/or maintaining a 480 hour sick leave balance. These awards are detailed under sick leave.

(3)

Personal leave not used during the calendar year in which it is awarded may not be carried over and accumulated to the following calendar year.

(4)

Personal leave may not be cashed-in in lieu of taking the time off nor is personal leave payable upon termination.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Accrual rate. City employees are eligible for annual leave time accrued per pay period on the following basis:

(b)

Use of annual leave.

(1)

Annual leave may not be used during the first six months of employment unless specifically approved by the City Manager.

(2)

Annual leave may not be taken in advance.

(3)

Annual leave shall be requested in advance to the Department Director who shall determine if the work schedule permits the absence during the requested period. Annual leave shall be planned and scheduled in advance to conform to departmental work plans. Employees are encouraged to take one or two weeks of annual leave per block.

(4)

Requests of employees shall be given consideration in the establishment of annual leave schedules, with seniority to apply in cases of identical request, all other factors being equal.

(5)

Upon reasonable notice to the employee, a Department Director may require an employee to use annual leave or cancel scheduled leave.

(6)

Depending on appropriations in the annual operating budget, accrued annual time can be cashed-in in lieu of annual leave taken, if during the following conditions.

a.

Minimum of five years of service with the City is required before being eligible for cash-in privilege.

b.

Maximum cash-in allowed is 40 hours.

(c)

Accumulation of annual leave hours.

(1)

Accumulated annual leave not used during the calendar year in which it is eligible to be taken may be carried over or accumulated to the following calendar year. However, an employee cannot carry over more than 240 hours of vacation beyond the calendar year ending December 31.

(2)

An employee that resigns by giving a full two weeks' notice and has at least one full year of service with the City shall be paid for accrued and unused annual leave in the regularly scheduled final paycheck at the current rate up to a maximum of 200 hours.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Accumulation rate All regular full-time employees accrue 3.69 hours sick leave per pay period.

(b)

Use of sick leave.

(1)

Sick leave is to be used for personal illness, injury or quarantine due to exposure to contagious disease by the employee or an immediate family member.

(2)

Sick leave may also be used for medical or health treatment, which cannot be arranged outside of working hours, for the employee and immediate family.

(3)

Sick leave may be used for serious illness, as defined by FMLA, for the immediate family.

(4)

Sick leave may also be used, after the exhaustion of all other leave, to compensate for otherwise unpaid absence during approved military leave.

(5)

Sick leave shall be compensated at the employee's current straight time hourly rate.

(6)

Sick leave balance award. Any employee who accumulates a minimum of 480 sick leave hours by the last pay period in December shall be granted 20 hours of additional personal leave time. This balance must be maintained during the final pay period in December to be eligible for the 20 hours of personal leave to be awarded the following January.

(7)

Minimal sick leave used award. Any employee who uses 20 or less hours of sick leave during the calendar year shall be granted 20 hours of additional personal leave time the following January. To be eligible, the employee must have successfully completed the initial training period and worked the entire prior calendar year.

(c)

Accumulation of sick leave hours. An employee may accumulate unlimited sick leave hours.

(1)

All regular employees who work less than a full month due to commencement of a leave of absence without pay may accumulate sick leave hours for the time worked during that month in proportion to the normal time worked.

(2)

Sick leave shall continue to accrue during periods of authorized absence in which employee is in paid status.

(3)

When a holiday occurs during an employee's sickness, the sick day shall be charged as a holiday and not deducted from the employee's accumulated sick leave.

(d)

Abuse of and extended sick leave. In order to preclude sick leave abuse, if an employee is on:

(1)

Sick leave more than two consecutive workdays, or, if there are any unusual patterns of use of sick leave (i.e., before or after a weekend or vacation leave, taken when accrued at regular intervals, etc.) a certificate of a physician may be required and his/her supervisor may, with the City Manager's approval, cause such investigation as deemed necessary to ensure no sick leave abuse has occurred.

(2)

Employees are required to provide their immediate supervisor as much advance notice as possible on the first day of sick leave but no less than one hour before his/her scheduled start time. This procedure shall be followed for each day the employee is unable to work, unless prior approval waiving this requirement is given by the Department Director. Failure to comply may result in compulsory unpaid leave as well as disciplinary action, up to and including termination.

(e)

Sick leave payout. Accrued sick leave is payable upon separation of employment by the City as follows:

(1)

An employee that resigns or retires by giving a full two weeks' notice and has at least one full year but less than 20 years of continuous employment with the City will receive payment for unused sick leave at their current regular hourly rate up to a maximum of 80 hours.

(2)

Employees resigning or retiring with 20 or more years of continuous employment with the City will receive payment for unused sick leave at their current regular hourly rate up to a maximum of 200 hours.

(3)

Employees with more than 20 years of continuous service may also elect to use up to the maximum of 200 hours of sick leave as personal leave counting backward from the retirement date in lieu of being paid a lump sum payment. Approval of using sick leave in lieu of receiving a lump sum payment is at the sole discretion of the City Manager.

(4)

Under no circumstances will any employee be paid for more than 200 hours of unused sick leave.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Employees summoned or subpoenaed to attend court as a witness for the City or for jury duty shall receive full pay and benefits for hours spent in court. All monies received by employee for such services shall be remitted to the City.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

It is recognized that Department Directors must devote a great deal of time outside normal office hours to the business of the City, therefore, Department Directors will be given 40 hours of paid administrative leave each calendar year in January. This leave does not carry over from year to year and no payment will be made for non-use of the leave even if employment is terminated.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Employees called to compulsory military service are automatically placed on leave pursuant to state and federal law for the duration of his/her military duty. Upon completion of such service such employee shall be reinstated in the position held at the time of entry into the service, at the same salary the employee would have received had such leave not been taken, based on the following conditions:

(1)

That the position has not been abolished or the term thereof, if limited, has not expired.

(2)

That the employee is physically and mentally able to perform the duties of such position. If requested, the employee shall submit to appropriate medical examinations at the City's expense to evaluate physical and mental capabilities.

(3)

That the employee makes written application for reinstatement to the City within applicable statutory time limits after termination of such service.

(4)

That the employee submits an honorable termination or other form of release by proper military authority establishing satisfactory service. Upon such reinstatement, the official or employee shall have the same rights with respect to accrued and future seniority status and other benefits of permanent full-time employment as if the employee had been actually employed during the time of such leave.

(5)

The City will abide by all laws and guidelines.

An employee shall be allowed up to three days off with pay in the event of a death in the immediate family.

(1)

For purposes of this policy immediate family is define as a spouse, domestic partner, child, parent, siblings, grandparents, grandchildren and corresponding in-law or step relationships. If the employee was reared by someone other than those named, leave will be granted under the same terms and conditions.

(2)

If necessary, due to the delay in funeral arrangements, bereavement leave may be delayed or divided as approved by the Department Director.

(3)

Additional authorized leave time may be granted by the Department Director. Any employee utilizing a provision of this section shall notify the Departmental Director's office as soon as possible.

(4)

Funeral/bereavement leave is a leave benefit only and no compensation will be paid for unused bereavement leave. Verification of need may be required before bereavement leave is authorized.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Immediately report any injury/accident to your immediate supervisor and Human Resources. All injuries/accidents must be reported within 24 hours.

(1)

There will be no charge against sick, other leave time or pay for less than a half day absence due to required medical or health treatment for a work related injury.

(2)

The City will allow the employee to use accumulated leave for the first 7 days of missed work due to a workers' compensation injury.

(3)

If you miss more than seven days, workers' compensation will pay ⅔ of your average weekly wage up to the state maximum rate.

(4)

Any regular full-time employee of the City who is required to be off work due to an on-the-job injury may supplement the Worker's Compensation payments with accumulated sick or vacation up to 100 percent of normal pay.

(5)

The City may have modified work available to allow employees who, due to a work-related injury or illness, are unable to perform regularly assigned jobs. Please contact Human Resources regarding availability/coordination of a modified work assignment.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Family medical leave will be administered in accordance with and following the guidelines of the Family Medical Leave Act.

(1)

Family and medical leave may be taken intermittently — which means taking leave in blocks of time, or by reducing the normal weekly or daily work schedule — whenever it is medically necessary to care for a seriously ill family member, or because an employee is seriously ill and unable to work. Intermittent leave is not permitted for birth of a child, to care for a newborn child, or placement of a child for adoption or foster care.

(2)

Family medical leave hours are calculated on a "rolling" 12-month calendar counted backward from the date of the most recent occurrence of family medical leave usage.

(3)

Depending on the purpose of your leave request, you may choose (or the City may require you) to use accrued paid leave, if available, as a substitute for some or all of the family and medical leave.

(4)

Maintenance of health benefits. You are required to use accrued leave concurrent with approved FMLA leave. If the employee and/or family participate in a group health plan, the City will maintain coverage under the plan during family and medical leave. Employee share of cost will be deducted from leave wages. Should accrued leave be exhausted, and if applicable, the employee must make arrangements to pay his/her share of health plan premiums while on leave. In some instances, the City may recover premiums it paid to maintain health coverage for an employee and family.

(5)

Notice and medical certification. When seeking family and medical leave, the employee must:

a.

Provide 30 days advance notice of the need to take family and medical leave, if the need is foreseeable.

b.

Abide by usual and customary call-in procedures for reporting an absence when significant advance notice cannot be provided.

c.

Provide medical certifications supporting the need for leave due to a serious health condition affecting the employee or an immediate family member. Second or third medical opinions and periodic re-certifications at the City's expense may also be required. Any incomplete certifications will be returned to he/she with any such required information noted in writing. He/she will be provided with seven days to provide the completed certifications.

d.

Provide periodic reports as deemed appropriate during the leave regarding status and intent to return to work.

e.

Provide medical certification of fitness for duty before returning to work if the leave was due to the employee's own serious health condition. He/she will be required to provide certification that he/she is able to perform the essential functions of his/her position. Furthermore, fitness for duty certification may be required during periods of intermittent leave if a reasonable job safety concern exists.

f.

When leave is needed for a planned medical treatment for the employee's own serious health condition or that of an immediate family member, he/she must try to schedule treatment so that it will not unduly disrupt the City's operation. Failure to comply with these requirements may result in delay or denial of leave.

(6)

Other employment. Outside employment during family medical leave period is prohibited, and may result in disciplinary action, up to and including immediate termination of employment.

(7)

Non-contractual nature of this policy. The duration of leave, availability of benefits, opportunity for job restoration, and other rights and privileges associated with the FMLA are limited by the requirements of applicable state and federal law. No express or implied contractual rights shall be inferred from this policy. The City reserves the right to modify this or any other policy, as necessary, in its sole discretion.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

When in the opinion of the Department Director any employee is unable to perform assigned duties due to any injury or illness, the employee may be required to submit to a physical examination by a physician selected by the City Manager. If the report of medical examination indicates the employee is unable to perform the essential functions of the job, the Department Director may require the employee to take such leave as is medically necessary.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

To the extent required by federal law, employees on Family and Medical Leave shall be entitled to reinstatement. For employees not covered by FMLA or whose FMLA entitlement has been exhausted, the City will make an effort to "hold open", for a reasonable period of time, the position of any employee who is unable to work due to health problems, extended illness or injury, whether or not sustained on-the-job. However it must be realized that while this City is desirous of assuming a compassionate understanding in these matters, the work must be performed. Consequently, the City reserves the right to separate an employee due to their inability to perform the essential functions of his/her position.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Leaves of absence without pay may be authorized upon a showing of good cause by Department Directors with approval of the City Manager for periods not to exceed 60 calendar days.

(1)

No vacation/sick leave or retirement benefits shall be accrued while an employee is on leave without pay.

(2)

The employee will be responsible for the entire premium for health, dental and life insurance.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

An employee who dies while employed by the City shall be paid for:

(1)

All hours of work accumulated to date of death.

(2)

Accumulated annual and sick leave as paid at separation of employment per policy.

(3)

All compensation and benefits due to the employee as of the date of separation or death shall be paid in accordance with the law.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City encourages its employees to get job related advanced education and training in their respective fields of work. The City will support employees with education and training to the extent permitted by policy.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

All employees new to a position whether at initial hire, promotion, demotion or transfer is subject to a working test and training period during which the employee is required to demonstrate the knowledge, skills and ability to perform the duties of the position. This period allows and requires the supervisor to evaluate an employee's performance and abilities with particular emphasis on training and supportive corrective action. The initial training period at hire will be six months. The training period in cases of internal mobility may vary in duration but should be clearly stated at commencement of the new position.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Mandated training/education. When the City requires an employee to participate in an education or training program, the City will bear the full costs of the employee's participation including: per diem, hourly pay, tuition, books, travel cost, etc., as it applies. Required attendance at training courses is counted as hours worked.

(b)

Voluntary training/education. As approved by the City Manager, the City may bear the full costs of job-related, voluntary training. This may include but is not limited to annual association conferences, professional certifications, and seminars.

(c)

Tuition reimbursement. Each year, during the budget review process, the City Commission will determine the availability of funds, if any, for tuition reimbursement. Employees will be reimbursed for tuition when satisfactory completing a pre-approved class at an accredited college or university. Reimbursement shall be in accordance with the following:

(1)

Application procedure:

a.

The employee must have successfully completed all applicable training periods.

b.

The employee must submit a timely application to his/her Department Director prior to registering for the course. Application form available (COA Intranet - Human Resources). If the Department Director recommends approval, the application will be sent to Human Resources for final budget and management review and decision.

c.

Employee must be actively employed by the City upon completion of the course.

d.

Employee must certify that he/she is not receiving any funds for reimbursement from any source other than the City (i.e. grants or other source of financial aid).

(2)

Reimbursement.

a.

Costs for books are not reimbursable as they are considered personal property of the employee.

b.

No reimbursement will be made for an incomplete course and no employee will be reimbursed more than $1,000.00 dollars per fiscal year (10-1 through 9-30).

c.

A pre-approved application form, accompanied by tuition receipt and evidence of satisfactory completion of the course with appropriate grade must be submitted through the Department Director to Human Resource for reimbursement.

d.

A grade of "C" or higher is required as a final grade for the course to be eligible for reimbursement.

(3)

Reimbursement shall be on the following schedule:

(4)

Coach and counsel/verbal warning. Whenever an employee's attendance, performance, attitude, work habits, or personal conduct falls below a desirable level, supervisors shall inform the employee promptly and specifically of such lapses and give counsel and assistance. If appropriate and justified, a reasonable period of time for improvement may be allowed before initiating disciplinary measures.

This type of training shall be applied to a violation of a relatively minor degree or to situations where the employee's performance needs to be discussed. The verbal warning shall be given in private. The employee will be given an opportunity to correct the condition and, if the condition is not corrected, the employee may be subject to progressive disciplinary action. This puts the employee on formal notice that he/she is not meeting standards.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Each employee shall present a positive, business-like image through a neat and clean professional appearance as appropriate for the nature of his/her work. Determination of an employee's specific dress and appearance is a supervisory responsibility with the exception of egregious dress code violations, which may be addressed by Human Resources directly.

(1)

General statement. The City maintains a "business casual" dress code for most employees. Acceptable business casual attire includes but is not limited to the following: collared or polo-style shirts, slacks, nicely pressed denim, appropriate length skirts or dresses and blouses. Inappropriate items include but are not limited to the following: strapless, spaghetti strap or tank top style dresses and tops, low-cut or low-hanging garments, attire with offensive, obscene, crass or otherwise inappropriate verbiage or graphics or any other item deemed inappropriate by the Supervisor or Human Resources for the nature and scope of work performed by the employee.

(2)

City provided uniforms. Employees supplied uniforms by the City are required to wear the full and complete uniform in the performance of their jobs. Each employee shall report for every workday wearing a full and complete uniform in clean and presentable condition. Uniforms showing a sign of wear or damage are unacceptable and shall be returned to the supplier according to the procedures established by the employee's Department Director.

(3)

Department Director responsibilities.

a.

Budget. Prepare and submit a separate budget item each year for uniform purchase, lease, laundry or cleaning, if applicable. Each Department Director shall also submit a budget request for any funds intended for non-uniform clothing items for employees such as shirts or other items to bear the City seal or other identification. Department Directors will be responsible for managing these identified funds.

b.

Department specific procedures. Each Department Director will be responsible for establishing procedures to meet the requirements of the jobs under his/her supervision. Safety, hygiene and public image are the main factors to be considered.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

All persons employed by the City must remain constantly aware of his/her responsibility to the public and that he/she is a representative of the City. Employees will respect, exhibit courtesy and compassion to the citizens of this community and others that they may contact.

(b)

City employees are frequently called upon to express opinions and to provide information concerning the City government, its operations and policies. Expressions of opinions shall be based upon facts within the personal knowledge of the employee. The probable effects of expressing such opinion must be considered before any statement is made. A City employee is not deprived of the rights of citizenship, which affords the right of free speech but shall be keenly aware of responsibilities and privileges as an employee of the City and understand that others will often interpret personal opinions as representing the official position of the City.

(c)

Employees shall remain informed concerning the policies and operations of City government. Such responsibilities increase with the importance of the position held. Admitting lack of knowledge concerning a question is far superior to an incorrect answer, but, if the situation requires it, the employee, under such circumstances, shall refer the questioner to the proper source of information or obtain the necessary facts and inform the person making the inquiry.

(d)

Employees are to refrain from repeating rumors and from creating dissension within the organization.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

All City employees must abide by a code of wholly ethical communications with peers, supervisors, employees, vendors and the public. Ethical communication enhances human worth and dignity by fostering truthfulness, fairness, responsibility, personal integrity and respect for self and for others. As such, the following rules must be expressly followed to avoid violating such code:

(1)

Communicate with necessary individuals directly. Concerns, except those regarding harassment or discrimination, regarding another's behavior should be addressed directly with the individual. Sharing such concerns with others that do not have a legitimate reason need to know may quickly amount to gossip — one of the most damaging practices in any workplace.

(2)

Avoid argumentative tones and comments. Employees should state their position clearly and factually in a normal tone, allowing the other individual an opportunity to share his or her position, and inviting open discussion regarding both such positions.

(3)

Honesty is always the best practice. It is critical that employees never engage in deceit, exaggeration, or express dishonesty when dealing with other individuals. While some communication may be extremely difficult to have, employees are always expected to communicate in a candid, but respectful, manner.

(4)

Respect issues of confidentiality. Employees of the City will be faced with topics of great confidentiality at times, and as such, must avoid sharing any such information with individuals not within the scope of said confidentiality. This procedure speaks only to issues of confidentiality as related exclusively to the City purpose and mission, and should not be interpreted to include gossip, personal information, and other topics not related to the City itself.

Any employee found violating any portion of this procedure may be subject to disciplinary action, up to and including termination.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City encourages all employees to register to vote and to exercise this privilege at every opportunity. It is City policy that it is in the public interest and a governmental benefit to remove career employees from the arena of partisan political activity. Florida Statutes, 104.31, imposes certain restrictions on the political activities of State, County and Municipal officers and employees. The following prohibitions shall apply to all City officers and employees:

(1)

No officer or employee of the City shall, directly or indirectly, attempt to coerce or influence any other person for a political purpose by improper promise or suggestion of special treatment or threat of retaliation based on the officer or employee's position with the City.

(2)

The City shall not permit the use of its equipment, property, facilities or supplies for partisan political purposes except for a reasonable fee.

(3)

Employees shall not solicit, during working hours for contributions or any other sort of support or influence for any political party, office or candidate, either from other employees, superiors, elected officials or candidates.

(4)

No employee in the City service shall hold or be a candidate for City public office while in the employment of the city.

(5)

Nothing contained in this section or in any other part of the Manual shall be deemed to prohibit any public employee from expressing his or her opinions on any candidate or issue or from participating in any political campaign. Such activity may be done during the employee's off-duty hours, so long as such activities are not in conflict with the provisions of state or federal law.

Violation of any of these restrictions shall result in disciplinary action up to and including termination.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Our culture seeks to be inclusive and permit all employees to participate in any and all social gatherings that occur within the workplace. Events such as birthday parties, retirement celebrations, and other like events represent opportunities to fellowship and further develop the culture of the organization. All employees are welcome to participate in social gatherings that occur within the workplace. Simultaneously, no employee should ever feel pressured to participate in such an activity and just need express his/her lack of interest in participation to those organizing such an event.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Distribution includes, but is not limited to, distribution of political literature, subscription forms or informational bulletins.

(2)

Solicitation includes, but is not limited to, solicitations for magazines or periodical subscriptions, political contributions or membership in organizations.

(3)

Working time means time designated for performing actual job duties by the person soliciting or distributing literature or the person being solicited or receiving literature.

(b)

Solicitation on City property causes employees to neglect their own work and interferes with the work of fellow employees. The following rules shall apply to solicitation or distribution of literature by employees on City property:

(1)

There shall be no solicitation during working time.

(2)

There shall be no distribution of literature during working time or any other time in any working area.

Any such violation by an employee is grounds for disciplinary action, up to and including termination. The City does not permit solicitation or distribution by non-employees at any time on the City's premises. Additionally, the City prohibits solicitation and distribution by any employee or non-employee during work time. This includes all types of distribution and solicitation such as requests for charitable giving, endorsement of political campaigns, the sale of goods for the benefit of children or partners, and all other similar behaviors.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

This policy contains guidelines for the use, access, and disclosure of communications via, telephone, mail, photocopiers, e-mail, voice mail, desk and laptop computers, pagers, mobile phones, faxes or facsimiles, Internet and intranet sent or received by employees using any City provided communication or computer systems (herein referred to collectively as "systems").

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

The City systems are intended for City business only. All information transmitted or stored in City systems is the sole and exclusive property of the City and shall be treated as confidential. Such information may not be disclosed to any person outside City government nor may any such information be removed from City premises without the express permission of the City Manager. Employees are strictly prohibited from accessing, reading and copying data or information stored in the systems and from accessing, reading and copying communications not directed to them without prior and express authorization.

ALL SYSTEMS MESSAGES ARE CITY OF ALACHUA RECORDS. NO MESSAGE OR COMMUNICATION IS PRIVATE.

(b)

Management's right to access information. Our computer, telephone, and communication hardware and software systems are strictly to facilitate business communications. Although each employee has an individual password to access these systems, they belong to the City and the contents of all communications are accessible by management for any and all legitimate management purposes. Such purposes include the assurance of employee production, the prevention of illegal harassment and other unethical behaviors, and all other reasons necessary to best ensure that the mission of the City is met. The City reserves the right to, and will periodically, monitor its systems in order to ensure compliance with this policy. Employees are strictly prohibited from placing personal passwords on any City system for the purpose of preventing such monitoring.

EMPLOYEES SHOULD NOT CONSIDER ANY MATERIALS TRANSMITTED OR STORED IN CITY SYSTEMS TO BE PRIVATE.

(c)

The City maintains all electronic communications, including both electronic mail and instant messaging correspondence, for an indefinite period to fulfill the litigation hold requirements of the Federal Rules of Civil Procedure. The City's information technology professionals preserve all such documents in the normal course of business and maintain said documents in the event they become necessary for purposes of litigation.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

General usage. Due to the public nature of City systems, employees should not use City systems to transmit any messages, or to access any information, which they would not want a third party to see. Although incidental and occasional personal use of City systems is permitted, any such personal use will be treated the same as all other communications under this policy. However, employees are at all times strictly restricted to de minimis use in accessing or downloading information from the internet for personal use.

(b)

Telephone usage. The City telephone systems, including voicemail, are the property of the City and are provided for business purposes. The City may periodically monitor the usage of the telephone systems to ensure compliance with this policy. Therefore, employees shall not consider conversations on the city telephone systems to be private.

(c)

Personal Mail. All mail which is delivered to the City is presumed to be related to City business. Mail sent to you at the City will be opened by the office and routed to your department. As such, personal mail should be delivered to the home address of each employee.

(d)

Restrictions on usage. The City reserves the right to limit or prohibit employee use of electronic communications when necessary to ensure organizational production or to discipline employees for performance related reasons.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

You may not use City systems in any way that may be seen as insulting, disruptive, offensive or harmful to morale. Examples of prohibited, non-business purposes include, but are not limited to, use of the City systems to:

(1)

Convey insensitive, improper, derogatory, insulting, threatening or harassing language or remarks, or sexually-explicit messages, cartoons, jokes, or other potentially offensive material;

(2)

Send propositions, love letters or any other message that could be as harassment or disparagement of as per Chapter XIV: Harassment;

(3)

Write personal letters, resumes or other documents unrelated to City business;

(4)

Run computer games or other personal software or copy such software;

(5)

Propagate gossip or entertain personal communication;

This section and others set forth in this chapter are not intended to restrict or impede the use of the system as a part of a legal and authorized law enforcement or internal personnel investigation or inquiry.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

To maintain the integrity of City systems the City must govern the creation, maintenance and security of system and network passwords, passphrases and encryption keys. Passwords are an aspect of system security as they are the front line of protection for user accounts. As such, all employees are responsible for taking the appropriate steps to select and secure their passwords:

(1)

All passwords (e.g. user account, JOOMLA website administration, etc.) should be changed at least once every six months.

(2)

Passwords must not be inserted in emails or other forms of electronic communication.

(3)

Passwords should never be written down or stored online or anywhere within the office or workspace. Similarly, passwords should not be stored in a file on any computer system, including digital assistants, smartphones or similar devices without encryption.

(4)

Employees should not use the "Remember Password" feature found on many computer and website applications.

(5)

All passwords must conform to the guidelines described below:

a.

Contain both upper and lower case characters

b.

Have digits and punctuation as well as letters

c.

Be at least eight alphanumeric characters long and is a passphrase

d.

Is not a word in any language, slang, dialect or jargon

e.

Is not based on personal information, names of family members, etc.

(6)

Employees should not use the same password for City accounts as for other non-City access (e.g. personal ISP account, bank accounts, etc.).

(7)

If an account or password is suspected to have been compromised, report the incident to the IT department and immediately change all passwords.

All systems passwords and encryption keys must be available to the City at all times. Additionally, you may not use passwords that are unknown to your supervisor, nor may you install encryption programs without first turning over encryption keys to your supervisor. Further, employees are prohibited from the unauthorized use of passwords and encryption keys belonging to other employees in order to gain access to messages of another. Any employee found to have violated this policy will be subject to disciplinary action up to and including termination.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Computer software, whether purchased, developed, or modified by the City, may not be downloaded, copied, reproduced, altered or appropriated by employees without prior City authorization. Any such computer software is the property of the City and may not be copied or appropriated by employees for personal use at any time. Employees shall be aware that the illegal duplication of computer software may result in the filing of criminal copyright charges by the owners of the copyrights. Copyright infringement is punishable by fines and/or imprisonment.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The photocopier is acquired, maintained and operated at City expense. Use for other than City business is prohibited. A supervisor may approve occasional de minimis use.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Employees shall be aware that the internet does not guarantee the privacy and confidentiality of transactions or e-mail transmissions. Therefore, sensitive material transferred over the internet or e-mail may be at risk of detection by a third party. Employees must exercise caution and care when transferring such information.

(b)

Any authorized files or software that are downloaded from the internet or acquired from outside sources, including any files that have been accessed or manipulated on home computers or received as attachments to e-mail, must be scanned with a virus detection software before installation, execution or use of the file or software on to any City computers. All appropriate precautions shall be taken to detect a virus and, if necessary, prevent its spread.

(c)

Alternative internet service provider connections to the City internal network are not permitted unless expressly authorized and properly protected by a firewall or other appropriate security device(s).

(d)

Employees shall notify their immediate supervisor upon learning of violations of this policy. Violations could result in discipline up to and including termination.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City recognizes the use of social networking sites such as Facebook and LinkedIn has grown in popularity in recent years. By signing the Manual, you acknowledge and recognize that the use of any website to post or distribute any information considered detrimental or harmful to the City, its employee, its citizens or any other person or entity is grounds for immediate termination. This includes all postings, both those made during and after normal work hours. Examples of such inappropriate postings include but are limited to photographs of individuals under the influence of alcohol or drugs or engaged in other unbecoming behavior; comments reflecting negatively about the City, peers, supervisors, leadership or others; and all other content that opposes the mission and purpose of the City.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City recognizes that employees will use social media and other cyber communications as a growing way to connect with others. The same principles and guidelines found throughout the Manual and employee job descriptions, apply to employee activities online. This includes forms of online publishing and discussion, including blogs, wikis, file-sharing, user-generated video and audio, virtual worlds and social networks. The City trusts and expects employees to exercise personal responsibility whenever they participate in social media. The City expects that employees utilizing social media will recognize and follow the guidelines included within this policy failure to do so will result in disciplinary action, up to and including termination.

(1)

Expectations.

a.

Always consider the power of your comments and contemplate the impact of your post on your reputation and that of the City before publishing.

b.

Respect all confidential and proprietary information that you possess as a result of your relationship with the City.

c.

When disagreeing with opinions of others, be appropriate and professional when posting such disagreement on social media sites.

d.

When identifying your work status at the City on social media sites, use your real name, identify that you work for the City and the position that you hold. Be aware of your association with the City in online social networks. If you identify yourself as an employee of the City, ensure your profile and related content is consistent with how you wish to present yourself with colleagues and clients.

e.

Anytime you publish content on an external website regarding your job responsibilities or any subjects associated with the City, use the following disclaimer: "The postings on this site are my own and do not necessarily represent the City's positions, strategies or opinions."

f.

Respect your audience. Do not use slurs, personal insults, obscenity or engage in any conduct that would not be acceptable in the workplace. You should also show proper consideration for the privacy of others, and for topics that may be considered objectionable or inflammatory.

g.

The City respects the interest and willingness of employees to convey group complaints regarding existing working conditions. While it wholly respects rights of employees to discuss such concerns utilizing social media, it encourages any such concerns be brought to City administration.

h.

When the City wishes to communicate publicly as an organization it has well established means to do so. Only those officially designated by the City have the authorization to speak on behalf of the City.

i.

Vulgar, obscene, threatening, intimidating, harassing or discriminatory behaviors on social media sites may result in an employee's immediate termination.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

All City motor vehicles are for the sole purpose of conducting City business on behalf of its citizens and the public in general. There also exist state and federal laws and specific Internal Revenue Code Sections that apply to and control city motor vehicle use. City employees may require business travel for training, conferences, organization meetings, etc. The purpose of this chapter is to give guidance and direction to City employees in meeting their obligations of public trust and in complying with state and federal law with regard to use of City motor vehicles and while on business-related travel.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

All City motor vehicles, whether owned, leased or used for City business by other agreement, shall be operated in accordance with this chapter, the Safety Manual and other applicable policies and procedures set forth in this Manual and, for police vehicles, the policies and procedures of the Alachua Police Department.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Travel to and from an employee's home and the employee's regularly assigned workplace will not be counted as business travel and is non-compensable time.

(b)

When an employee is in official travel status for which travel expenses are reimbursable, time spent in travel beyond the normal workday on the first and last day of such travel will be counted as hours worked.

(c)

Rate of pay does not include allowances for authorized travel or other expenditures incurred in the conduct of City business, or allowances made to employees for the official use of privately owned automobiles. Employees will be reimbursed for such expenses as provided in these rules.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

A motor vehicle is an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers or such vehicles as run only upon a track.

(b)

An authorized operator is a holder of appropriate operator's license issued by the State of Florida authorizing the holder to operate the particular vehicle on the roads of this state and who has been assigned to operate the particular vehicle by the appropriate supervisor.

(c)

City business is any activity conducted on behalf of or for the benefit of the City and as directed and authorized by the City Manager in accordance with the Manual and in accordance with law.

(d)

Assigned vehicle is any City motor vehicle assigned for the use of an employee to conduct City business, whether that use is for single or multiple tasks. No take home use is authorized.

(e)

Take home vehicle is a City motor vehicle assigned to an employee for daily use in conducting City business and non-compensatory reasons such as commuting to and from home. Additional restrictions are set forth in this chapter and police vehicle take home use is expanded by Section 6 of the APD Manual.

(f)

De minimis (minimal) benefit is any property or service provided to an employee that has so little value that accounting for it would be impracticable, such as stopping for lunch or going a short distance out of the way to handle an errand during a commuting trip or otherwise on City business.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Only authorized employees are permitted to operate City motor vehicles.

(b)

All operation shall be in accordance and compliance with all applicable laws and ordinances.

(c)

Every operator shall have a valid operator's license of the type required for the vehicle operated.

(d)

All passengers in City vehicles must be City employees engaged in City business or their presence must have been previously approved by the operator's supervisor or other provisions in this manual or, for police vehicles, as set forth in the APD Manual.

(e)

No City motor vehicle shall be operated except for a lawful City purpose, on City business and with the knowledge and authorization of the operator's supervisor.

(1)

Travel outside the city and out of Alachua County require specific approval of the operator's supervisor.

(2)

Travel outside the state in a City motor vehicle is not permitted unless authorized in advance, in writing, by the City Manager.

(f)

Operator's license.

(1)

It is the responsibility of each authorized operator to maintain a valid license to operate any vehicle identified in his/her job description or that he/she may be assigned to operate in the course of his/her employment.

(2)

All authorized operators shall report the status of his/her license (expiration, surrender, suspension, revocation, etc.) to Human Resources.

(3)

The appropriate and valid license, which must be fully legible with no portion faded, altered, mutilated or defaced, must be in the immediate possession of every authorize operator at all times while on duty. The employee must produce same on demand by his/her supervisor, his/her supervisor's superior or, when operating a City motor vehicle, any law enforcement officer.

(g)

Violations of law or ordinances. Any employee who, no matter how infrequently, operates a City motor vehicle shall report to his/her supervisor and bear full personal responsibility for any violation, citation, summons or arrest while operating a City or his/her (on or off duty) motor vehicle.

(h)

Safety and accidents. All provisions of the Manual shall apply to the operation of City motor vehicles and particular attention is also directed to the Safety Manual, for operation and the reporting of accidents. Operators of police vehicles are also required to comply with all relevant portions of the APD Manual.

(i)

Use of tobacco products.

(1)

There shall be no use of tobacco products of any kind in any City motor vehicle.

(2)

The limited exception to paragraph (1) shall be an employee who is authorized in writing to use his/her personal vehicle for City travel. However, paragraph (1) shall apply if other employees are traveling with the authorized operator. The intent of this limited exception is to respect the private property rights of the authorized operator but not at the sacrifice of the right of other employees to a tobacco free workplace.

(3)

A personally owned vehicle may be rejected for City use by any supervisor if the vehicle fails to meet reasonable smoke free workplace requirements.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

The contents and requirements of sections 2-291 through 2-295 and all other parts of this Manual apply to the operation of all take home vehicles. The balance of this section, 2-296(b)(1) and (2), does not apply to police vehicles.

(b)

The policies and procedures set forth in this chapter are mandated by federal and state law with particular emphasis on compliance with relevant portions of the Internal Revenue Code.

(1)

The general rule is that any personal use of a City vehicle is taxable to the employee. The IRS specifically identifies commuting to and from an employee's home in a City vehicle as personal use. Exceptions to this rule include:

a.

Officially authorized use of police vehicles by law enforcement officers.

b.

Any vehicle designed to carry cargo with a loaded gross vehicle weight (GVW) over 14,000 pounds.

c.

Trucks with seating for the driver only or the driver plus a folding jump seat.

d.

Pickup trucks with a gvw of 14,000 pounds or less only if modified so it is not likely to be used more than minimally for personal purposes. For example, only if the pickup is clearly marked with permanently affixed decals and special City identification and is equipped with at least one of the following ^* : ^[4]

1.

Permanent side boards or panels that materially raise the level of the sides of the truck bed.

2.

A hydraulic lift gate.

3.

Permanent tanks or drums.

4.

Other heavy equipment such as a generator, welder, boom, etc.

(2)

No City vehicle shall be used for personal use except when it has been determined by a Department Director and approved by the City Manager that the employee requires extensive use of a City vehicle as part of his/her job duties both during and outside normal business hours. In such cases, the City requires the employee to commute to and from his/her home in said vehicle. In such case, the use for commuting shall be limited to one round-trip per day, excepting de minimis side trips. The values of such required commuting use shall be calculated using the "Special Commuting Valuation Rule" as defined by the IRS and included in the employee's gross pay.

a.

A written request for assignment of a take home vehicle must be submitted by the appropriate Department Director to the City Manager on the appropriate form.

b.

No personal use except as described above is permitted.

c.

The employee's supervisor must be satisfied and assured the City vehicle will be safely secured and stored at the employee's residence.

d.

For permanently assigned take home vehicles, the employee must reside within Alachua County.

e.

For temporarily issued take home vehicles (for example: a vehicle issued to an employee on stand-by or during emergency situations), the employee must ensure the vehicle stays within Alachua County or within 15 miles of City Hall.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

City function. During emergencies, Department Directors are authorized to vary from the policies and procedures set forth in this chapter. Examples include, but are not limited to, dispersing vehicles and equipment in a natural disaster or other threat, providing necessary transportation for storm victims, etc. Good judgment, a sense of humanity and common sense must apply.

(b)

Employee emergency. Department Directors may authorize the use of a City vehicle if any employee has no personal vehicle available and a family emergency occurs. The vehicle use is limited to Alachua County and for short duration. The Department Director must explore other options and evaluate the mental state of the employee and be comfortable with the employee's state of mind before authorizing City vehicle use.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Serious consequences may result from failure to comply with the provisions of this chapter, including, but not limited to the following:

(1)

Disciplinary action up to termination

(2)

Action to recover financial amounts

(3)

Criminal prosecution for misuse or appropriation of City property

(4)

Adverse action by IRS in the treatment of commuting valuation

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

An evaluation is a series of observations by a supervisor about the performance of a job by an employee over a set period of time based on procedures, forms and standards as set by the City Manager. It is a tool designed to give employees constructive feedback about their performance in an effort to improve and enhance that performance and to correct deficiencies. It helps familiarize supervisors with information designed to assist him/her in becoming an effective evaluator of employee performance.

The following schedule shall establish the policy for determining when evaluations are due based on specific employee action(s):

(1)

Training evaluations. Performance evaluation done on or before the end of the applicable training period. Merit increases may not be granted based on training evaluations. Any employee who receives an overall rating less than "Meets Expectations" for the training evaluation will have the training period extended not more than 90 days, as determined by the Department Director or be terminated.

(2)

Annual evaluations.

a.

Annual evaluations will be completed and signed documentation submitted to Human Resources by November 30 ^th . The overall rating of the annual evaluation will determine the employee's merit increase, if any.

b.

Any employee who receives an overall rating of less than "Meets Expectations" shall be given a special evaluation at least every 30 days until performance is satisfactory. If performance does not reach satisfactory in a period not to exceed 90 days, the employee will be terminated.

(3)

Special evaluations. Special evaluations may be done at any time. Such evaluations will be to assist employees whose performance is deviating from the expected standards. Feedback contained therein will be a tool to correct current and prevent future problems in employee performance.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

As each and every situation is unique and requires individual attention and action employees with outside employment are subject to the following:

(1)

Outside employment of a regular full-time City employee must be reported in writing to the Department Director. Full details such as hours, terms and conditions of employment shall be provided in the report.

(2)

Such outside employment shall in no way conflict with, be detrimental to or create an appearance of impropriety with regard to the employee's City work. If a conflict exists as determined by the Department Director, Human Resources or the City Manager, immediate action may be taken to protect the City up to and including termination of the employee.

(3)

The employee may be requested, whether or not a suspension is ordered, to voluntarily resolve the conflict to the satisfaction of the City within seven calendar days. If the conflict is not resolved within that time, the employee shall be subject to suspension and given additional time to resolve the issue or be terminated.

(4)

It must be understood that some outside employment may be considered as a conflict of interest under State law and any such conflict must be reported to the Clerk of the Circuit Court.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Human Resources shall maintain the personnel records of each employee. Such records shall include a personnel file for each employee containing basic vital statistics, official acts involving the employee, any examination records and other employment records. They shall be available for inspection and review insofar as such is permitted under the Public Records Act.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Under Florida's Clean Indoor Act, smoking is banned in all City owned buildings. Electronic cigarettes or e-cigarettes, liquid nicotine vaporizers and all other smoking apparatuses are likewise prohibited. The City takes the stance that due to exposure to secondhand nicotine and the highly addictive nature of nicotine the use of all varieties of e-cigarettes, electronic vaporizers and other such smoking apparatuses poses a threat to the health of our employees and the public we serve. Smoking and the use of vaporizers and other such smoking apparatuses is permitted outside in designated smoking areas only.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

To promote security and the safety of all concerned, upon reasonable suspicion, all vehicles, packages, handbags, and other containers brought on City property by employees are subject to inspection or search, as are outer garments (coats, jackets, etc.). Any lockers, equipment and office furniture such as desks, computers and cabinets on City property are also subject to inspection and search at any time with or without notice.

Employees are responsible for personal items of value brought to work. Employees are responsible for proper efforts to safeguard such items such as placement in locked cabinets or removal from the workspace each evening. The City cannot assume responsibility for the loss of any personal items.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

There is a continued, personal responsibility of all City employees to protect public property from damage and/or theft and a personal responsibility for the safety and welfare of each to the other and to every member of the public. The contents of this section are supplemental to all other chapters and sections of the Manual and also apply at all times during the work day.

(1)

Site and property.

a.

No site vehicle or other property shall be left unattended and unsecured.

b.

Vehicles shall not be left with keys in the ignition, doors unlocked or windows open or unsecured.

c.

All gates, doors and/or other barriers are to be secured/locked and verified as such by the last employee on site.

d.

Each employee is responsible for all tools, equipment, supplies and material in their custody and control. Tools, equipment and supplies shall be monitored or stored in a safe and secure area.

(2)

Employee and public security/safety.

a.

Always be aware of your surroundings with particular attention to your fellow employees and members of the public. The job you are doing and equipment you are operating is often very interesting to others, particularly children.

b.

Be alert concerning personal safety situations. Always seek support from your supervisor any time you have a concern for yourself or another. Call 911 if any situation so dictates.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Department Directors are authorized to formulate and disseminate supplemental rules, provided they are not in conflict with the Manual. All such rules shall be subject to approval, amendment and/or revocation by the City Manager.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City owes an obligation to the entire workforce to provide as safe and healthy a workplace as possible. As such employees who have an infectious condition, illness or injury are prohibited from working until the employee produces written verification from a licensed physician that the condition is no longer contagious and he/she may safely return to work. Every precaution will be taken to protect the private health information of the infected employee; however all employees must also recognize the need to alert other employees of infectious conditions that may have impacted others. This especially important for those with sensitive medical conditions including pregnancy, immune deficiency conditions, etc. Records of employee medical examinations shall be kept in a separate, confidential file.

Employees with contagious conditions that may pose health risks to others agree to report such conditions to Human Resources for appropriate guidance and management immediately upon learning of the condition. An employee who reports for duty with a suspected infectious condition shall be sent home and referred to their personal physician for further evaluation. Following medical evaluation the employee may return to work with a physician's statement specifically indicating the employee is free of an infectious condition.

When reporting for duty after recovering from an infectious condition, the employee shall present the physician's statement to Human Resources that states the employee is free of the infectious condition before being allowed to return to work. No employee shall return to work who has a temperature elevation, draining skin lesions, a communicable rash or any other communicable disease, infection, illness or condition. Such employees pose a direct threat to the health and safety of other employees, citizens and members of the public.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City of Alachua, Florida is committed to a collegial work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in an atmosphere that promotes equal opportunities and prohibits discriminatory practices, including sexual and other forms of unlawful harassment. Therefore, the City expects that all relationships among persons in the office be businesslike and free of bias, prejudice and harassment. In keeping with this commitment, the City maintains a strict policy prohibiting harassment of employees based on race, color, sex, religion, national origin, age, handicap, genetic information or other protected status by other employees, vendors, contractors or guests.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Harassment. For the purposes of this policy, harassment is defined as by the Equal Employment Opportunity Commission's Guidelines as:

"Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws."

Harassment includes a range of behaviors that include but are not limited to: offensive jokes, names calling, threats or acts of physical violence, intimidation, display of offensive objects or pictures, slurs, epithets and interference with work performance.

This kind of behavior is unacceptable at the workplace and in any work-related setting outside the workplace such as during business trips and business-related social events.

(b)

Sexual harassment. Sexual harassment constitutes discrimination and is illegal under federal, state and local laws. For the purposes of this policy, sexual harassment is defined in the Equal Employment Opportunity Commission's Guidelines

"sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex."

Sexual harassment may include a range of subtle and not so subtle behaviors if they are unwelcome to any employee exposed to the behavior. Such behavior may include, but is not limited to the following: unwanted sexual advances, subtle or overt pressure for sexual favors; sexual jokes; innuendoes; advances or propositions; verbal abuse of a sexual nature; commentary about an individual's body, leering, whistling, touching, pinching, assault, coerced sexual acts, suggestive, insulting or obscene comments or gestures; display in the workplace of sexual suggestive objects or pictures; and other physical, verbal, or visual conduct of a sexual nature.

This kind of behavior is unacceptable at the workplace and in any work-related setting outside the workplace such as during business trips and business-related social events.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

It is also essential to understand that consenting romantic and sexual relationships between managers or supervisors in senior or supervisory positions and less-senior or lower-level employees, or between co-workers, may lead to unforeseen complications. The respect and trust accorded a more senior/supervisory person by a lower-level employee, as well as the position of the senior person to evaluate or otherwise supervise the lower-level person, could diminish the extent to which the lower-level employee feels free to choose whether or not to engage in such relationships.

It is not the City's intention to legislate social behavior within the City. However, we do recognize that encouraging and developing close social relationships, including dating, with employees makes any supervisor's job more difficult. Therefore, supervisors must refrain from dating and developing close romantic and/or sexual relationships with employees under their supervision. If a social relationship of this nature does develop the supervisor/subordinate role will be immediately resolved. The resolution may include transfer to another department or another option as deemed most appropriate by the City Manager and Department Director.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

This policy applies to all applicants and employees whether related to conduct engaged in by fellow employees, supervisors, managers, or someone not directly connected to the City such as an outside vendor, consultant, client.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City encourages all employees to report perceived incidents of harassment, regardless of the offender's identity or position. Any individual that believes he/she has been the victim of harassment shall discuss his/her concerns with either their immediate supervisor or Human Resources.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City strongly encourages individuals who believe they are victims of harassment to promptly notify the offender that his/her behavior is unwelcome. Notifying the offender, however, is not a required first step. Any person who feels that he/she is being harassed must immediately report the offensive conduct to his/her direct supervisor. However, if the employee's direct supervisor is in any way involved in the alleged inappropriate behavior or is unavailable, the employee should report the conduct directly to Human Resources. If the employee's direct supervisor and Human Resources are both involved in the alleged inappropriate conduct or are unavailable, immediately contact the City Manager. If the City Manager is involved in the behavior, immediately contact the Chairman of the City Commission.

(1)

Notification of appropriate staff. As noted above, individuals who believe they have been the victim of harassment or believe they have witnessed harassment shall discuss their concerns with either their immediate supervisor or Human Resources. If you receive information regarding sexual harassment in your capacity as a supervisor, you are obligated to report it immediately to Human Resources.

(2)

Timeliness in reporting harassment. The City encourages the prompt reporting of complaints or concerns so rapid and constructive action can be taken. Therefore, while no fixed reporting period has been established, early reporting and intervention has proven to be the most effective method of resolving actual or perceived incidents of harassment.

(3)

Investigatory process. Any reported allegations of harassment will be investigated promptly. The investigation may include individual interviews with the reporting employee, the offender(s) and, where necessary, with witnesses to the alleged conduct or who may have relevant knowledge. The complaint and investigation will be handled with sensitivity and, to the extent practical and appropriate under the circumstances, confidentiality will be maintained throughout the investigatory process.

(4)

Protection against retaliation. The City will not tolerate retaliation against an individual for reporting harassment or for providing information relevant to a claim of sexual harassment. Retaliation is a serious violation of this policy and will be treated with the same strict discipline, as would the harassment itself. Acts of retaliation shall be reported immediately in accordance with the complaint procedure and will be promptly investigated.

(5)

Responsive action. Misconduct constituting harassment will be handled swiftly and appropriately. Responsive action may include, for example, training, referral to counseling, and disciplinary actions such as warnings, reprimands, withholding of a promotion or pay increase, reassignment, temporary suspension without pay, compensation adjustments, or termination, as the City deems appropriate.

(6)

Appeals process. If the party to a complaint does not agree with its resolution, that party may file written comments with the City Manager or his designee.

(7)

False complaints. False and malicious complaints of harassment, as opposed to complaints which, even if erroneous, are made in good faith, may result in appropriate disciplinary action.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City holds the safety and health of its employees and the public in highest regard. Employees are expected to report to work on time and in appropriate mental and physical condition. In addition, public employees are entrusted with public resources and by the nature of their jobs affect the health, safety and welfare of citizens.

Substance abuse results in increased absenteeism, tardiness, on-the-job accidents and is a potential danger to fellow employees and the public. In accordance with the Federal Drug-Free Workplace Act of 1988, unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, illegal drug, or use of alcoholic beverages is prohibited. In order to comply with the Drug-Free Workplace requirements, the City has established a drug free workplace policy. Action will be taken against employees for violation of such policy.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

No City employee shall report to work with the presence of illegal drugs or alcohol in his or her body. It is a violation of City policy for any employee to possess, sell, trade, or offer for sale illegal drugs or drug paraphernalia, or otherwise engage in the use of alcohol, intoxicants, and/or illegal drugs on the job, on City property, or in City vehicles. The off-duty manufacture, possession, use, purchase, or distribution of illegal drugs or mind-altering or controlled substances is also prohibited.

Nothing in this policy precludes the appropriate use of legally prescribed medications. However, it is a violation of City policy for any employee to use prescription drugs illegally or to misuse or abuse such drugs. An employee taking prescription or nonprescription drugs which could affect ability to perform his/her job in a safe and efficient manner, must notify his/her supervisor immediately. It is the employee's responsibility to determine and know the effect of any legal drugs he or she ingests.

This policy is implemented pursuant to the drug-free workplace program requirements under F.S. § 440.102 and Administrative Rule 59A-24 of the State of Florida Agency for Health Care Administration.

Any employee determined to be in violation of this policy is subject to disciplinary action, up to and including termination, even for the first offense.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Legal drug. Prescribed drug or over-the-counter drug that has been legally obtained and is used solely for the purpose for which it was manufactured or prescribed.

(b)

Illegal drug. Any drug which is not legally obtainable, which may be legally obtainable but has not been legally obtained, or which is being used in a manner or for a purpose other than as prescribed or manufactured.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Applicants. All job applicants will undergo drug testing as a condition for employment. Any applicant with a positive test result will be denied employment for a period of 12 months. Any applicant who refuses drug and alcohol testing will not be considered for employment.

(b)

Employees. City of Alachua will maintain screening practices to identify employees who use illegal drugs or abuse alcohol, either on or off the job. It is a condition of employment for all employees to submit to a drug screen as follows:

(1)

When involved in, causing, or contributing to an accident while at work, while on City property, or while in a City vehicle. "Accident" includes injury to person(s) and/or damage to vehicles, equipment or property.

(2)

When there is reasonable suspicion to believe an employee is using or has used illegal drugs or is abusing or has abused alcohol. Circumstances that are considered reasonably suspicious include:

a.

Direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug.

b.

Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.

c.

A report of drug use provided by a reliable and credible source and independently corroborated.

d.

Evidence that an employee has tampered with a drug test during his or her employment with City of Alachua.

e.

Evidence that an employee has used, possessed, sold, solicited or transferred drugs while working or while on City premises or while operating a City vehicle, machinery or equipment.

(3)

When returning to work after a leave without pay of two weeks or more.

(4)

As a follow-up to an employee assistance or drug rehabilitation program. Unscheduled testing will be conducted at least twice a year for a two-year period after completion of the program.

(5)

At other times and under such circumstances as deemed appropriate by the City or current state and/or federal standards. Employees will be given adequate notice of any addition/change/deletion in the City's drug testing requirements.

Any employee who refuses substance testing will be terminated and forfeit workers compensation medical and indemnity benefits.

Drug testing will be performed in accordance with the then existing practice established by Human Resources. Human Resources will be responsible for determining the local facility to be used as the collection site, and the employee will be provided transportation to the site. Upon notification, the employee must report to the collection site with a valid picture ID. If the collection site staff discovers that the employee has not followed collection procedures or has altered the specimen in any way, the employee is in violation of this policy.

Employees or job applicants may confidentially report to the City's medical review officer the use of prescription or nonprescription medications both before and after being tested. Additionally, employees and job applicants will receive notice of the most common drugs or medications (by brand name or common name and chemical name) which may alter or affect a drug test.

Employees or job applicants who receive a positive confirmed test result will be notified in writing via a "Notification of Positive Drug Test" form on City letterhead.

The employee may obtain the results of a screen by contacting Human Resources.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

City of Alachua may test for any or all of the following:

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

This information is a notice of the possible influence that prescription drugs, over the counter drugs, and other controlled substances may have on the outcome of a drug test. If necessary, any question about the outcome of a drug test will be addressed by a licensed physician. It is always the responsibility of the employee to know the content and effect of any substance ingested.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Employees or job applicants who receive a positive confirmed test result may contest or explain the result to the City medical review officer (MRO) within five working days after receiving written notification of the test result. MRO contact information is available in Human Resources. If the explanation or challenge is unsatisfactory to the MRO, the MRO shall report a positive test result back to the City.

Within five working days after receiving the notice of a positive test result, an employee or job applicant may also submit information to the City explaining or contesting the test result including why the result does not constitute a violation of this policy. If the individual's explanation or challenge of the positive test result is unsatisfactory to the City, a written response as to why, along with the report of positive result, will be provided to the employee or applicant. All such documentation shall be kept confidential pursuant to the confidentiality provisions outlined below, and shall be maintained by the City for at least one year.

Employees or job applicants also have the right, within 180 days of challenging the drug test result, to have the original specimen retested at another Agency for Health Care Administration certified laboratory. Arrangements and cost will be the individual's responsibility.

An employee or job applicant may undertake an administrative challenge by filing a claim for benefits with a Judge of Compensation Claims pursuant to F.S. ch. 440, or, if no workplace injury has occurred, the person may challenge the test result in a court of competent jurisdiction. When an employee undertakes a challenge to the result of a test, it shall be the employee's responsibility to notify the laboratory, and the sample shall be retained by the laboratory until the case is settled.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

City of Alachua does maintain an Employee Assistance Program (EAP) for employee use. The EAP is available to employees 24 hours per day, seven days per week. The EAP can make referrals for drug and/or alcohol abuse professionals in the area.

It is the employee's responsibility to seek assistance from a program before alcohol and drug problems lead to disciplinary action. An employee may be granted leave with a conditional return to work, depending on successful completion of the agreed upon treatment regimen, including follow-up testing.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The following are considered violations of the City drug free workplace policy and are subject to discipline, including termination and loss of Workers Compensation benefits, even for the first offense:

(1)

Violation of any aspect of the City drug and alcohol policy;

(2)

Refusing to take a City required drug or alcohol test;

(3)

A positive test result on a City required drug or alcohol test;

(4)

Bringing illegal drugs or alcohol onto City premises or property or in City vehicles;

(5)

Possessing illegal drugs or drug paraphernalia;

(6)

Using, consuming, transferring, selling or attempting to sell or transfer any form of illegal drug while on City business or at any time during the workday, whether on City property or not;

(7)

Being under the influence of alcoholic beverages or illegal drugs at any time while on City business or at any time during the workday. This applies whether on City property or not, including City vehicles.

An employee shall be determined to be under the influence of alcohol if the employee's normal faculties are impaired due to the consumption of alcohol or if the employee has a blood-alcohol level of .04 or higher.

Additionally, a violation of these policies may be reason for referral for prosecution consistent with local, state or federal criminal law. Disciplinary action against an employee by the City does not preclude the possibility of criminal charges against the individual. The filing of criminal charges similarly does not preclude action by the City.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Each employee shares responsibility for maintaining a safe work environment and shall encourage co-workers who use alcohol or other drugs in the workplace to seek help.

Employees must, as a condition of employment, abide by the terms of this policy and report any conviction under a criminal drug statute for violations occurring on or off City premises while conducting City business. A report of a conviction must be made within five days following the conviction.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

City administration will handle all information, interviews, reports, statements, memoranda and drug-test results, written or otherwise, received pursuant to our drug-testing program as confidential communications. Under no circumstances will the results of a test be discussed with anyone except for personnel or legal counsel authorized to deal with this confidential information and in accordance with this policy or in determining compensability under F.S. ch. 440 (Workers Compensation).

Should an employee fail a drug test, his/her supervisor will be told the employee did not successfully complete the drug and alcohol test, but will not be told the cause of the failure to pass the test.

The City will provide periodic education workshops and new hire orientation for employees of the Drug Free Workplace Program to assist employees in identifying personal and emotional problems that may result in the misuse of alcohol or drugs and the legal, social, physical and emotional consequences of misuse of alcohol or drugs.

An employee has the right to appeal any disciplinary decisions resulting from a verified positive drug or alcohol test in accordance with Chapter 19 Grievance Policy. Further, if the employee is employed under a collective bargaining contract, the employee may have the right to appeal disciplinary action under that agreement.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Employees and applicants have the right to consult the City medical review officer (MRO) for technical information regarding prescription and nonprescription medication. Human Resources will be responsible for selecting the MRO.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

I hereby acknowledge that I have read and agree to abide by the City of Alachua Drug Free Workplace Policy for the entire term of my employment.

___________
Employee Signature       Date

Please sign and date two duplicate originals, one which is bound in this (your) copy of the Manual and the second which will be made part of your personnel file. Both signed in the presence of:

___________
Witness

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

It is the policy of the City that employees maintain a working environment that encourages mutual respect, promotes civil and congenial relationships among employees and is free from violence. The City is committed to providing a safe workplace for all employees. To ensure a safe workplace and to reduce the risk of violence, the City will not tolerate any type of workplace violence committed by or against employees.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Employees are prohibited from making threats or engaging in violent activities. The following list of behaviors, while not inclusive, provides examples of prohibited conduct:

(1)

Causing physical injury to another person

(2)

Making threatening remarks

(3)

Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress

(4)

Intentionally damaging employer property or property of another employee

(5)

Sabotaging another's work

(6)

Making false statements about others with malice that cause harm

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Any potentially dangerous situations must be reported immediately to a supervisor or Human Resources. Reports can be made anonymously and all reported incidents will be investigated.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Threats, threatening conduct, or any other acts of aggression or violence in the workplace will not be tolerated. Any employee determined to have committed such an act will be subject to disciplinary action up to and including termination.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

It is City policy to strictly prohibit any employee, vendor or contractor from carrying any sort of weapon or dangerous device into our offices or workplace areas. Employees are permitted to bring legal weapons in their vehicles into our parking lots if they remain locked and secured within such vehicle and the employee maintains a current and legal permit to carry the weapon. Such legal weapons may not be used for any inappropriate or illegal use. No material, whether liquid, solid, gas or combination, which can or does cause harm to person or property shall be brought on or near City property by any employee.

Any violation of this policy will result in immediate termination of such employee as well as other legal action, including criminal prosecution, when appropriate.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

City of Alachua is committed to promoting the autonomy, safety and health of our employees and to providing leadership in recognizing the impact of domestic and sexual violence on staff and in the workplace. The purpose of this policy is to detail the support available to staff who are victims of domestic or sexual violence, and to detail the disciplinary consequences to staff members who commit, threaten or have been held legally responsible for committing acts of domestic or sexual violence.

It is the policy of the City to provide support and assistance to employees who are experiencing domestic or sexual violence. This support includes: confidential means for coming forward for help, resource and referral information, additional security at the workplace, work schedule adjustments and leave necessary to address the impact of domestic or sexual violence. Written resource and referral information is available in languages understood by all employees. Other appropriate assistance will be provided based on individual need.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

City of Alachua will respect the confidentiality and autonomy of the adult experiencing domestic violence to direct his or her own life. However, in accordance with Florida law reporting for certain populations is required. All information relating to leave taken under this policy will be kept confidential.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Any employee may take up to 24 hours of unpaid leave from work in any 12-month period if the employee, or a family or household member of the employee, is the victim of domestic or sexual violence, for the purpose of:

(1)

Seeking an injunction for protection against domestic violence, repeat violence, dating violence, or sexual violence.

(2)

Obtaining medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the domestic or sexual violence.

(3)

Obtaining services from any victim-services organization.

(4)

Making the employee's home secure from the perpetrator of the domestic or sexual violence, or seeking new housing.

(5)

Seeking legal assistance in addressing issues arising from the act of domestic or sexual violence, or attending and preparing for court-related proceedings arising from the act of domestic or sexual violence.

(b)

The employee seeking leave under this paragraph should follow ordinary procedures for leave requests, or, in instances where a request in advance is either impracticable or unsafe, the employee should call his/her supervisor as soon as possible to inform the supervisor regarding the reason for his/her absence. Employees are not required to exhaust accrued leave time in advance of seeking leave under this paragraph.

(c)

Requests for additional hours of leave, or for other purposes than those recited above, will be considered on an individual basis on consultation with the employee, her/his supervisor, Human Resources, and the City Manager. Additional hours of leave, beyond the 24 hours of leave authorized above, may be taken as unpaid leave or as accrued leave.

(d)

The employee, supervisor, Human Resources and the City Manager are encouraged to explore whether any other paid options can be arranged, including schedule accommodations, which will help the employee cope with a domestic or sexual violence situation without having to take an unpaid leave.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

City of Alachua recognizes that people experiencing domestic or sexual violence may have performance or conduct problems such as repeated absences from work, or inability to concentrate on work tasks, as a result of abuse. When an employee is subject to disciplinary action discloses that the job performance or conduct problem is caused by domestic or sexual violence, a referral for appropriate assistance should be offered to the employee.

The supervisor, in collaboration with the employee and Department Director, should allow a reasonable time for the employee to obtain assistance regarding the domestic or sexual violence.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

City of Alachua is committed to a workplace in which the perpetration of domestic or sexual violence is neither tolerated nor excused. Any physical assault or threat made by an employee while on City premises, during work hours or at a City sponsored event is a serious violation of City policy. This policy applies not only to acts against other employees, but to acts against all other persons, including intimate partners. Employees found to have violated this policy will be subject to disciplinary action, up to and including termination.

(b)

Employees who are convicted of a crime as a result of domestic or sexual violence, or who are subject to a domestic violence, dating violence, sexual violence, or repeat violence injunction, may be subject to disciplinary action, up to and including termination, depending on the circumstances.

(c)

City of Alachua understands that there is the possibility of wrongful conviction of assault in the case of victims of domestic violence, who act in self-defense. City of Alachua will consider the context of the conviction before deciding on disciplinary action or termination.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

All employees in the City are members of a select group working together for the main purpose of serving the community. Any employee who fails to follow the necessary policies and procedures governing conduct is doing a disservice to all City employees. Policies and procedures are not intended to restrict the individual but are designed to ensure the rights and safety of all City employees and to provide working guidelines to assure equitable and businesslike deportment to efficiently service the community effectively.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

It is the intent of the City to follow a policy of progressive discipline for employees and supervisors that emphasizes personal choice, good decision making and accountability. However, the City recognizes that each instance differs in many respects and retains the right to treat each occurrence as an individual event without creating a precedent for other cases which may arise in the future. While it is the City's general intent to follow progressive discipline, some conduct or behavior by its nature or severity may warrant immediate termination.

(b)

Coaching and counseling are the expected methods for supervisors to use in discussing a problem with an employee in the areas of work performance, attendance, conduct, safety or work habits.

(c)

The objective of such counseling and coaching is to help an employee recognize that a problem exists, to develop effective solutions to the problem, while, at the same time, reinforcing and building the employee's commitment to the City.

(d)

When an employee fails to respond to counseling and coaching or a single incident or violation of rules occurs which is serious enough to warrant a formal step of discipline, supervisors will have several options available, depending on all the facts.

(e)

In all cases the employee shall be notified of the action taken and the effective date of the action.

(f)

Where disciplinary action may result in demotion, reduction in pay, suspension or termination, the Department Director/Supervisor shall notify Human Resources before taking action.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Violation of this Manual may subject an employee to disciplinary action. Additionally, infraction of departmental rules and regulations may subject the employee to disciplinary action.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The following shall serve as a guide in aiding supervisors and employees in the disciplinary process.

(1)

Written warning. In situations where a verbal warning has not resulted in the expected improvement or the severity of violation justifies a written warning may be issued defining the nature of the violation under the rules.

The corrective action notice shall state the nature of the improvement required or policy violation in detail, associated consequences as applicable and the expected performance and plan to achieve said performance. Written warnings must be issued within a reasonable time following the occurrence of the violation unless there is a reasonable cause for delay due to employee or supervisor unavailability. The written warning will be given to the employee and a copy shall be placed in the employee's personnel file.

No grievance may be filed contesting an employee corrective action notice, however, a rebuttal from the employee may be attached to the employee notice.

(2)

Final notice. Progressive written disciplinary warnings may be issued for repeated violations of the same policy or lack of expected improvement. If progression or severity warrant an employee may be placed on final notice. A final notice generally precedes demotion or termination.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Probation period. An employee may be placed on a probationary review period to monitor performance improvement or policy adherence. In cases regarding performance, one or more special evaluations may be required to document performance as observed by the Supervisor. In cases of policy violations, additional violations of the policy during the probation period will result in additional disciplinary action as defined in the corrective action notice.

(b)

Suspension. A Department Director or Human Resources may recommend suspension without pay for an employee for violation of City policy, department rules or other disciplinary reasons. All suspensions must be in writing by the Department Director in accordance with policy. The length of suspension without pay may vary according to the severity of the incident and will be determined by the Department Director in a recommendation to Human Resources based on the facts of the case.

(c)

Demotion. Any Department Director may demote an employee to a position with a decrease in salary and job responsibilities, as appropriate, for such time as is necessary to correct deficiencies in job performance or job qualifications. The duration of such demotion and reduction in pay and responsibilities may be temporary or permanent, as appropriate under the circumstances. A permanently demoted employee is entitled to advance under the pay plan as any other employee based upon job performance.

(d)

Involuntary termination. An employee may be involuntarily terminated as disciplinary progression or severity warrant.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Voluntary terminations. Employees who wish to depart the City service in good standing shall file with the Department Director a written resignation stating the reasons for voluntarily terminating and giving the date of termination. Employees shall give a minimum of two weeks written notice in order to resign from City service in good standing. Failure to comply with this provision may be cause for denying such employee future employment with the City. Use of leave time in lieu of working the final notification period is not permitted.

(b)

Involuntary terminations. The Department Director and/or Human Resources shall give employees who are involuntarily terminated from the City service written notice of their termination. Any employee may seek review of termination under this section by proceeding directly to Step 3 of the Grievance Procedures.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City Manager or designated Department Director may lay off any employee in the City service whenever such action becomes necessary by reason of a shortage of work or funds, the abolishment of a position or other changes in organization.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

When possible, an employee should relinquish all City property on the last day worked. In the event not all City property is in the employee's possession on the last day he/she is expected to return any outstanding items to City Hall on the next business day following termination. Costs for unreturned City property will be deducted from the final paycheck to the full extent permitted by law.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

It is the policy of the City to conduct exit interviews in the case of voluntary terminations. Exit interviews are intended for the purpose of determining the cause and possible solutions to turnover of City personnel. Participation in exit interviews are strictly voluntary.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

All employees serve at the will and pleasure of the City throughout the course of their employment and may be terminated at any time, with or without cause. The City, nevertheless, wishes to alleviate employee concern about arbitrary termination or discipline. While recognizing that all employees of the City are at will and can be separated with or without cause, this grievance procedure is nonetheless established to provide full opportunity to an employee to bring any grievance or disciplinary matter that he or she may have to the attention of management. The City will try to resolve problems as they arise. However, it is recognized that there will be grievances but that all will receive a complete review. The submission of a grievance by a current employee shall not adversely affect the employee or his/her employment with the City. A training employee has no right to file a grievance in connection with a termination or other discipline imposed during his or her training period except a name clearing hearing for discipline of a stigmatizing nature. Oral warnings are also not subject to the grievance process. Accordingly, and in the interest of fostering good labor relations, any regular City employee who is terminated for misconduct or otherwise subject to discipline may question the termination or other disciplinary action through the grievance procedure.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

An employee may file a grievance to register a complaint, to solve a problem, to redress an alleged wrong, to request information, or to modify or question any disciplinary action including, but not limited to, suspension or termination. Oral warnings are not subject to this process.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

In order to assure every employee a method in which he/she can get a particular grievance considered rapidly, fairly and without reprisal, the following steps are provided:

Step 1. The employee shall orally discuss and explain the grievance with the immediate supervisor who may call higher-level supervision into the discussion in an effort to achieve a prompt and satisfactory resolution. The immediate supervisor will make a decision and notify the employee within one calendar week after the discussion with the employee. The employee must initiate step 1 within one calendar week after the effective date of the action or event being questioned.

Step 2. If the employee feels that the matter has not been settled or adjusted satisfactorily by the immediate supervisor, the matter may be submitted in writing to the Department Director within two business days of the employee receiving notice of the supervisor's decision. Within one calendar week after receiving the written grievance, the Department Director must reply to the grievance in writing.

Step 3. If the grievance is not resolved to the satisfaction of the employee by the decision of the Department Director, the employee may submit the issue, in writing to the City Manager within two business days after the Step 2 written answer is received or termination pursuant to Section 2-426(b). The City Manager may at, his/her discretion, schedule a supplementary meeting with the employee and/or Department Director. The employee will be notified in writing within one calendar week of the decision of the City Manager, unless the time is extended pursuant to Section 2-444 General Provisions of Grievance Procedures. The City Manager may seek the counsel of any other City official or employee for information, interpretations, comments and guidance in arriving at a fair, equitable and just decision of the issue for both the employee and the City. The decision of the City Manager in this grievance procedure shall be final and binding, unless otherwise provided for in labor agreements.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The City Manager due to illness, vacations, business trips, emergency or other reasonable cause may extend the time limits of this grievance procedure. If an extension is required, the employee will be notified.

Under this grievance procedure, the employee and the City have the opportunity to call a witness (s) and be represented by legal counsel.

If the grieving employee's immediate supervisor is a Department Director, the procedure shall commence at Step 3.

Any grievance not submitted and processed by an employee within the time limits provided above shall be considered abandoned and barred for all purposes. Any grievance not answered by the City within the time limits provided above shall be considered denied at that step and shall automatically proceed to the following step.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

The purpose of this chapter is to comply with the clear requirements of F.S. ch. 876 which reads in pertinent part as follows:

F.S. § 876.05. Public employees; oath

(1) 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, subdivisions, counties, cities, school board and districts of the free public school system of the state or counties, or institutions of higher learning, and all candidates for public office, except candidates for federal 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, ___________, a citizen of the State of Florida and of the United States of America, and being employed by or an officer of ___________, 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.

(2) Said oath shall be filed with the records of the governing official or employing governmental agency prior to the approval of any voucher for the payment of salary, expenses, or other compensation.

- and -

F.S. § 876.06. Termination for refusal to execute

If any person required by ss. 876.05-876.10 to take the oath herein provided for fails to execute the same, the governing authority under which such person is employed shall cause said person to be immediately terminated, and his or her name removed from the payroll, and such person shall not be permitted to receive any payment as an employee or as an officer where he or she was serving.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Current employees. Each current employee shall take the forgoing oath when issued a copy of the Manual by signing an original before a notary. The original shall be made part of the employee's file maintained in Human Resources.

(b)

New employees. All new employees shall sign and take the oath as a part of the hiring process and as a perquisite to employment.

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

Following is the form to be signed by each employee after receiving a copy of this division:

(Ord. No. 16-09, § 1(Exh. A), 7-25-2016)

(a)

Creation of special law enforcement trust fund. The Mayor and the City Manager are authorized and hereby directed to execute all the necessary papers to establish a special law enforcement trust fund at any banking or savings institution, and that any such account established require the signatures of both the Mayor and the City Manager to withdraw any such funds deposited in said fund.

(b)

The funds deposited therein may be expended only upon appropriation to the Police Department, by the City Commissioners to defray the costs of protracted or complex investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain Federal grants, or for such other law enforcement purposes as the City Commission deems appropriate and that such funds shall not be considered a source of revenue to meet normal operating needs.

(c)

The City Police Department is directed to submit a quarterly report to the City Commission specifying, for such period, the type and approximate value of any forfeited property received and the amount of any proceeds received from the sale of forfeited property.

(Ord. No. O-82-10, §§ 1—3, 8-2-1982)

When the procedure for appointment of Board, Commission or Committee Members is not designated by the ordinance creating the board, commission or committee, then the procedure shall be as follows:

(1)

A ballot shall be prepared with the names of all applicants or nominees.

(2)

Each City Commissioner may vote for as many persons as there are vacancies. However, the voting shall not be cumulative (a City Commissioner concentrating more than one vote on one person).

(3)

The ballot shall carry the City Commissioners signatures and be made a part of the minutes of the meeting.

(4)

Persons equal in number to the vacancies to be filled receiving the highest number of votes shall be declared to be appointed.

(Ord. No. O-88-4, § 1(2-31), 1-4-1988)

There is hereby created and established a Charter Review Advisory Board which shall be advisory to the City Commission.

(Code 1976, § 2-41; Ord. No. O-81-21, § 1, 8-3-1981; Ord. No. 09-01, § 2, 12-1-2008)

(a)

The Charter Review Advisory Board shall consist of seven members which shall be appointed by the City Commission.

(b)

Members of the Board shall serve for three-year staggered terms. The members shall be appointed as follows:

(1)

Three members for a three-year term;

(2)

Two members for a two-year term; and

(3)

Two members for a one-year term.

(c)

The terms shall expire on May 1.

(d)

All Board members shall serve without pay.

(Code 1976, § 2-42; Ord. No. O-81-21, § 4, 8-3-1981; Ord. No. O-88-17, § 1, 4-4-1988; Ord. No. 09-01, §§ 1, 2, 12-1-2008)

Vacancies on the Charter Review Advisory Board shall be filled by the City Commission.

(Code 1976, § 2-43; Ord. No. O-81-21, § 5, 8-3-1981; Ord. No. O-88-17, § 1, 4-4-1988; Ord. No. 09-01, § 2, 12-1-2008)

The members of the Charter Review Advisory Board shall elect one of their members Chairperson and shall elect other officers as may be necessary. Such Board shall meet as deemed necessary by the City Commission.

(Code 1976, § 2-44; Ord. No. O-81-21, § 6, 8-3-1981; Ord. No. 09-01, § 2, 12-1-2008; Ord. No. 11-07, § 1, 5-9-2011)

The Charter Review Advisory Board shall review the City Charter and shall advise the City Commission and shall offer recommendations as to the needs of the City pertaining to the revision and necessary update of the City Charter of the City.

(Code 1976, § 2-45; Ord. No. O-81-21, § 5, 8-3-1981; Ord. No. 09-01, § 2, 12-1-2008)

State Law reference— Charter amendments, F.S. § 166.031.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animals includes cats, dogs, horses, any foul or birds and any living creatures within the jurisdiction of the park or recreation area.

Director means an employee position of Recreation Director established by the City Commission.

Permit means written license permitting a special event (on park facilities).

Soliciting means persons selling goods or services by sample or taking orders for future delivery with or without accepting advance payment for the goods; persons seeking any form of contributions.

(Ord. No. 09-27, § 2(7.3), 10-19-2009)

The purpose of this division is to create a Parks and Recreation Board and establish the duties of the Board.

(Ord. No. 09-27, § 2(7.1), 10-19-2009)

This division shall apply in all parks and recreation areas under the jurisdiction of the City, unless expressly exempted.

(Ord. No. 09-27, § 2(7.2), 10-19-2009)

The Parks and Recreation Board of the City is hereby established.

(Ord. No. 09-27, § 2(7.4), 10-19-2009)

(a)

The Parks and Recreation Board of the City shall be composed of a total of five members. The members of the Board shall be appointed by the City Commission. All members of the Board must reside in the City. These appointments shall be for a period of three years each, with the terms staggered so that the terms of no more than two members shall expire in any one year. In the event of death or resignation of a member the vacancy may be filled for the unexpired term. The term of all members shall extend until the successors are qualified; provided, that three successive unexcused or unexplained absences from any meeting shall be in effect a resignation for which a successor may forthwith be appointed.

(b)

All members shall serve without pay. However, members of the Board may be reimbursed for actual expenses incurred in connection with their duties, upon authorization or ratification by the Board and approval of such expenditures by the City Manager and City Commission.

(c)

Notwithstanding subsection (a) of this section hereof, members of the Parks and Recreation Board may be removed by a majority vote of the City Commission, upon motion of any member of the City Commission.

(Ord. No. 09-27, § 2(7.5), 10-19-2009)

The Board shall elect a Chairperson and Vice-Chairperson from among its own members, each of whom shall serve for one year and/or until a successor is elected and qualified. The Chairperson shall preside at all meetings and exercise all the usual rights, duties and prerogatives as Chairperson. The Vice-Chairperson shall perform the duties of the Chairperson in the absence of disability of the Chairperson. Vacancies created by any cause shall be filled for the unexpired term by a new election.

(Ord. No. 09-27, § 2(7.6), 10-19-2009)

(a)

The Parks and Recreation Board shall recommend to the City Commission policies, procedures and philosophies concerning recreation services, advise on long range capital improvements, evaluate the effectiveness of existing programs, recommend changes and enhancements and promote and review citizen participation in planning and utilizing City services and facilities.

(b)

The Parks and Recreation Board shall review and evaluate the organized athletic leagues and events to which the City contributes funds, services or facilities and advise the City Commission as it deems appropriate.

(Ord. No. 09-27, § 2(7.7), 10-19-2009)

Special event permits for events in parks and recreation areas shall be by application as set forth in the City Land Development Regulations.

(Ord. No. 09-27, § 2(7.8), 10-19-2009)

There is hereby created and established a Senior Resources Advisory Board.

(Ord. No. 12-03, § 1, 11-28-2011)

The Senior Resources Advisory Board shall be composed of five members appointed by the City Commission. A minimum of three members must reside in the City of Alachua and two members may be residents of the greater Alachua area. The City Commission shall also appoint one City Commissioner to serve as a non-voting liaison. All members of the Board shall serve without compensation.

(Ord. No. 12-03, § 2, 11-28-2011; Ord. No. 14-07, § 1, 5-19-2014)

Except for the City Commission liaison, the initial appointments to membership shall be terms as follows: Two members for three years, two members for two years, and one member for one year. Thereafter, appointed members shall serve for three years. In the event of a resignation or vacancy of a Board member, the City Commission shall appoint a successor for the unexpired balance of the term in which the vacancy has occurred. All terms shall expire at the end of the calendar year.

(Ord. No. 12-03, § 3, 11-28-2011)

Each year, the Board will elect a Chair and Vice-Chair who will be responsible for conducting the meetings of the Board. Meetings will be held quarterly as determined by the Board.

(Ord. No. 12-03, § 4, 11-28-2011)

The Board shall serve in an advisory capacity to the Mayor and City Commission for the purpose of providing the Commission with information on issues of importance to senior citizens living in the community and make recommendations accordingly. The Committee will submit an annual report to the City Commission.

(Ord. No. 12-03, § 5, 11-28-2011)

There is hereby created and established a Youth Advisory Council which shall be advisory to the City Commission.

(Ord. No. 12-14, § 1, 2-13-2012)

The Youth Advisory Council shall be composed of five voting members and a general council of non-voting members. The general council shall not exceed 50 members. The voting members of the Council shall be appointed by the City Commission. The general council members shall be appointed by the voting members of the Youth Advisory Council. All voting and non-voting members of the Council must be enrolled in a public school, private school or a home education program within the City of Alachua in grades nine through 12 or must be a City of Alachua resident enrolled in a public school, private school or a home education program in grades nine through 12 that is not within the City of Alachua's corporate limits.

Appointment of voting members of the Council shall be for a period of two years each, with the terms staggered. The initial appointments of voting members shall be terms as follows: Two voting members for two-year terms and three voting members for one-year terms, thereafter all terms of voting members shall be for a period of two years. In the event a resignation or vacancy occurs of a voting member of the Council, the vacancy may be filled for the unexpired term by appointment by the City Commission. The term of all voting members shall extend until the successors are appointed. Four successive unexcused or unexplained absences from any meeting shall be in effect a resignation.

Appointment of general council members shall be for a period of two years each and approved by a majority vote of the voting members of the Youth Advisory Council. Voting members of the Youth Advisory Council shall make decisions regarding appointment of general council members at the next available Council meeting following receipt of application for appointment. In the event a resignation or vacancy of a general council member occurs, that vacancy may or may not be filled at the discretion of the Youth Advisory Council.

Any voting or non-voting member of the Youth Advisory Council may be removed by a majority vote of the City Commission.

(Ord. No. 12-14, § 2, 2-13-2012; Ord. No. 15-01, § 1, 10-27-14)

Voting members of the Council shall elect a chairperson and vice chairperson from among its voting members, each of whom shall serve for one year and/or until a successor is elected and qualified. The chairperson shall preside at all meetings and exercise all the usual rights, duties and prerogatives of chairperson. The vice chairperson shall perform the duties of the chairperson in the absence or disability of the chairperson. Vacancies of either shall be filled for the unexpired term by a new election.

(Ord. No. 12-14, § 3, 2-13-2012)

Meetings of the Youth Advisory Council shall be held at least quarterly or more frequently as determined by the Youth Advisory Council.

(Ord. No. 12-14, § 4, 2-13-2012)

The purpose of the Youth Advisory Council is to stimulate and foster the active participation of young individuals in the addressing of issues impacting the youth of the community to ensure leaders of tomorrow have input in the local government process today.

The Youth Advisory Council shall recommend to the City Commission policies, procedures and philosophies and serve as advocates for issues and initiatives to positively impact the lives of youth. It shall facilitate community meetings with youth to discuss issues and suggestions for improvement, assist in planning and implementing various events to benefit youth in the community and promote and recognize abilities, accomplishments and contributions of youth.

(Ord. No. 12-14, § 5, 2-13-2012)

As used in this division, the following words and terms shall have the following meanings, unless the context clearly otherwise requires:

Annual rate resolution means the resolution described in sections 2-723 and 2-754, approving an assessment roll for a specific fiscal year.

Assessed property means all parcels of land included on the assessment roll that receive a special benefit from the delivery of the service, facility or program or provision of a local improvement identified in the initial assessment resolution.

Assessment means a special assessment imposed by the City pursuant to this division to fund the capital cost or project cost, if obligations are issued, of local improvements or the service cost of services that provide a special benefit to property as a consequence of a logical relationship to the value, use, or characteristics of property identified in an initial assessment resolution. The term "assessment" shall include capital assessments and service assessments.

Assessment area means any of the areas created by resolution of the City Commission pursuant to section 2-681, that specially benefit from a local improvement or service, facility, or program.

Assessment roll means the special assessment roll relating to an assessment approved by a final assessment resolution pursuant to sections 2-721 or 2-752 or an annual rate resolution pursuant to sections 2-723 or 2-754.

Assessment unit means the unit or criteria utilized to determine the assessment for each parcel of property, as set forth in the initial assessment resolution. The term "assessment units" may include, by way of example only and not limitation, one or a combination of the following: front footage, platted lots or parcels of record, vested lots, land area, improvement area, equivalent residential connections, permitted land use, trip generation rates, rights to future trip generation capacity under applicable concurrency management regulations, property value or any other physical characteristic or reasonably expected use of the property that has a logical relationship to the local improvement or service to be funded from proceeds of the assessment.

Building means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel or property of any kind. This term shall include mobile homes or any vehicles serving in any way the function of a building.

Building permit means an official document or certificate issued by the City, under the authority of ordinance or law, authorizing the construction or siting of any building within the City. The term "building permit" shall also include set up or tie down permits for those structures or buildings, such as mobile homes, that do not require a building permit in order to be constructed.

Capital assessment means a special assessment imposed by the City pursuant to this division to fund the capital cost or project cost, if obligations are issued, of local improvements that provide a special benefit to property as a consequence of a logical relationship to the value, use, or characteristics of property identified in an initial assessment resolution.

Capital cost means all or any portion of the expenses that are properly attributable to the acquisition, design, construction, installation, reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of local improvements and imposition of the related assessments under generally accepted accounting principles and including reimbursement to the City for any funds advanced for capital cost and interest on any interfund or intrafund loan for such purposes.

City Manager means the Chief Administrative Officer of the City, or such person's designee.

Final assessment resolution means the resolution described in sections 2-721 and 2-752 which shall confirm, modify, or repeal the initial assessment resolution and which shall be the final proceeding for the imposition of an assessment.

Fiscal year means that period commencing October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the City.

Government property means property owned by the United States of America or any agency thereof, the State of Florida or any agency thereof, a county, a special district or a municipal corporation.

Initial assessment resolution means the resolution described in sections 2-717 and 2-748 which shall be the initial proceeding for the identification of the service, facility, program, or local improvement for which an assessment is to be made and for the imposition of an assessment.

Local improvement means a capital improvement constructed or installed by the City for the special benefit of a neighborhood or other assessment area.

Maximum assessment rate means the maximum rate of assessment established by the final assessment resolution for the service, facility, program, or local improvement identified in the initial assessment resolution.

Obligations means bonds or other evidence of indebtedness, including, but not limited to, notes, commercial paper, capital leases, reimbursable advances by the City, or any other obligation issued or incurred to finance any portion of the project cost of local improvements and secured, in whole or in part, by proceeds of the assessments.

Owner shall mean the person reflected as the owner of assessed property on the tax roll.

Pledged revenue means, as to any series of obligations:

(1)

The proceeds of such obligations, including investment earnings;

(2)

Proceeds of the assessments pledged to secure the payment of such obligations; and

(3)

Any other legally available non-ad valorem revenue pledged, at the City Commission's sole option, to secure the payment of such obligations, as specified by the ordinance or resolution authorizing such obligations.

Preliminary rate resolution means the resolution described in section 2-723 initiating the annual process for updating the annual assessment roll and directing the reimposition of service assessments pursuant to an annual rate resolution.

Project cost means:

(1)

The capital cost of a local improvement;

(2)

The transaction cost associated with the obligations which financed the local improvement;

(3)

Interest accruing on such obligations for such period of time as the City Commission deems appropriate;

(4)

The debt service reserve fund or account, if any, established for the obligations which financed the local improvement; and

(5)

Any other costs or expenses related thereto.

Property Appraiser means the Property Appraiser of Alachua County.

Service assessment means a special assessment imposed by the City pursuant to this division to fund the service cost of services that provide a special benefit to property as a consequence of a logical relationship to the value, use, or characteristics of property identified in an initial assessment resolution.

Service cost means the amount necessary in any fiscal year to fund the provision of a defined service, facility, or program which provides a special benefit to assessed property, and can include, but not be limited to:

(1)

The cost of physical construction, reconstruction or completion of any required facility or improvement;

(2)

The costs incurred in any required acquisition or purchase;

(3)

The cost of all labor, materials, machinery, and equipment;

(4)

The cost of fuel, parts, supplies, maintenance, repairs, and utilities;

(5)

The cost of computer services, data processing, and communications;

(6)

The cost of all lands and interest therein, leases, property rights, easements, and franchises of any nature whatsoever;

(7)

The cost of any indemnity or surety bonds and premiums for insurance;

(8)

The cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits;

(9)

The cost of uniforms, training, travel, and per diem;

(10)

The cost of construction plans and specifications, surveys and estimates of costs;

(11)

The cost of engineering, financial, legal, and other professional services;

(12)

The costs of compliance with any contracts or agreements entered into by the City relating to the provision of said services;

(13)

All costs associated with the structure, implementation, collection, and enforcement of the assessments, including any service charges of the Clerk, Tax Collector, or Property Appraiser, and delinquent amounts from prior impositions, and amounts necessary to off-set discounts received for early payment of assessments pursuant to the Uniform Assessment Collection Act or for early payment of assessments collected pursuant to section 2-778;

(14)

All other costs and expenses necessary or incidental to the acquisition, provision, or construction of the service, facility, or program to be funded by the assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the City Commission by subsequent resolution;

(15)

An amount for contingencies and anticipated delinquencies and uncollectible assessments; and

(16)

Reimbursement to the City or any other person for any moneys advanced for any costs incurred by the City or such person in connection with any of the foregoing items of service cost.

Tax Collector means the Tax Collector of Alachua County.

Tax roll means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.

Transaction cost means the costs, fees and expenses incurred by the City in connection with the issuance and sale of any series of obligations, including but not limited to

(1)

Rating agency and other financing fees;

(2)

The fees and disbursements of bond counsel;

(3)

The underwriters' discount;

(4)

The fees and disbursements of the City's financial advisor;

(5)

The costs of preparing and printing the obligations, the preliminary official statement, the final official statement, and all other documentation supporting issuance of the obligations;

(6)

The fees payable in respect of any municipal bond insurance policy;

(7)

Administrative, development, credit review, and all other fees associated with any pooled commercial paper or similar interim financing program; and

(8)

Any other costs of a similar nature incurred in connection with issuance of such obligations.

Uniform assessment collection act means F.S. §§ 197.3632 and 197.3635, as amended from time-to-time, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder.

(Ord. No. 10-13, § 1.01, 4-12-2010)

It is hereby ascertained, determined, and declared that:

(1)

Pursuant to article VIII, section 2(b), Florida Constitution, and F.S. §§ 166.021 and 166.041, the City has all powers of local self-government to perform municipal functions and to render municipal services in a manner not inconsistent with law and such power may be exercised by the enactment of city ordinances.

(2)

The assessments to be imposed pursuant to this division shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act.

(3)

The assessments to be imposed pursuant to this division are imposed by the City Commission, not the County, Property Appraiser or Tax Collector. The duties of the Property Appraiser and Tax Collector under the Uniform Assessment Collection Act are ministerial.

(4)

The purpose of this division is to:

a.

Provide procedures and standards for the imposition of assessments within the City by resolution under the general home rule powers of a municipality to impose special assessments; and

b.

Authorize a procedure for the funding of public services, facilities, programs, or local improvements providing special benefit to subsequently identified property within the City.

(Ord. No. 10-13, § 1.03, 4-12-2010)

This division and the City Commission's authority to impose assessments pursuant hereto shall be applicable throughout the City.

(Ord. No. 10-13, § 7.01, 4-12-2010)

(a)

This division shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This division, being necessary for the welfare of the inhabitants of the City, shall be liberally construed to effect the purposes hereof.

(b)

Nothing herein shall preclude the City Commission from directing and authorizing, by resolution, the combination with each other of

(1)

Any supplemental or additional notice deemed proper, necessary, or convenient by the City;

(2)

Any notice required by this division; or

(3)

Any notice required by law, including the Uniform Assessment Collection Act.

(Ord. No. 10-13, § 7.02, 4-12-2010)

The City Commission is hereby authorized to create assessment areas in accordance with the procedures set forth herein to include property located within the incorporated area of the City that is specially benefited by the services, facilities, programs, or local improvements proposed for funding from the proceeds of assessments to be imposed therein. Either the initial assessment resolution proposing each assessment area or the final assessment resolution creating each assessment area shall include brief descriptions of the proposed services, facilities, programs, or local improvements, a description of the property to be included within the assessment area, and specific legislative findings that recognize the special benefit to be provided by each proposed service, facility, program, or local improvements to property within the assessment area.

(Ord. No. 10-13, § 2.01, 4-12-2010)

If any assessment made under the provisions of this division is either in whole or in part annulled, vacated, or set aside by the judgment of any court of competent jurisdiction, or if the City Commission is satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected, or if the City Commission has omitted to include any property on the assessment roll which property should have been so included, the City Commission may take all necessary steps to impose a new assessment against any property benefited by the service costs, capital costs or project costs following as nearly as may be practicable, the provisions of this division and in case such second assessment is annulled, vacated, or set aside, the City Commission may obtain and impose other assessments until a valid assessment is imposed.

(Ord. No. 10-13, § 2.02, 4-12-2010)

Any informality or irregularity in the proceedings in connection with the levy of any assessment under the provisions of this division shall not affect the validity of the same after the approval thereof, and any assessment as finally approved shall be competent and sufficient evidence that such assessment was duly levied, that the assessment was duly made and adopted, and that all other proceedings adequate to such assessment were duly had, taken, and performed as required by this division; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Notwithstanding the provisions of this section, any party objecting to an assessment imposed pursuant to this division must file an objection with a court of competent jurisdiction within the time periods prescribed herein.

(Ord. No. 10-13, § 2.03, 4-12-2010)

(a)

No act of error or omission on the part of the Property Appraiser, Tax Collector, City Manager, City Commission, their deputies, employees, or designees, shall operate to release or discharge any obligation for payment of an assessment imposed by the City Commission under the provision of this division.

(b)

When it shall appear that any assessment should have been imposed under this division against a lot or parcel of property specially benefited by the provision of a service, facility, program, or local improvement, but such property was omitted from the assessment roll, the City Commission may, upon provision of appropriate notice as set forth in this article, impose the applicable assessment for the fiscal year in which such error is discovered, in addition to the applicable assessment due for the prior two fiscal years. Such total assessment shall become delinquent if not fully paid upon the expiration of 60 days from the date of the adoption of said resolution. The assessment so imposed shall constitute a lien against such property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles and claims in and to or against the real property involved and may be collected as provided in subdivision 5.

(c)

The City Manager shall have the authority at any time, upon his or her own initiative or in response to a timely filed petition from the owner of any assessed property, to correct any error in applying the assessment apportionment method to any particular property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction that reduces an assessment shall be considered valid ab initio and shall in no way affect the enforcement of the assessment imposed under the provisions of this division. Any such correction which increases an assessment or imposes an assessment on omitted property shall first require notice to the affected owner in the manner described in sections 2-720 and 2-751, as applicable, providing the date, time and place that the City Commission will consider confirming the correction and offering the owner an opportunity to be heard. All requests from affected property owners for any such changes, modifications or corrections shall be referred to, and processed by, the City Manager and not, the Property Appraiser or Tax Collector.

(d)

After the assessment roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the tax roll upon timely written request and direction of the City Manager.

(Ord. No. 10-13, § 2.04, 4-12-2010)

Upon the adoption of the assessment roll, all assessments shall constitute a lien against such property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims, until paid. The lien for an assessment shall be deemed perfected upon adoption by the City Commission of the final assessment resolution or the annual rate resolution, whichever is applicable. The lien for an assessment collected under the Uniform Assessment Collection Act shall attach to the property as provided by law. The lien for an assessment collected under the alternative method of collection provided in section 2-778 shall be deemed perfected upon adoption by the City Commission of the final assessment resolution or the annual rate resolution, whichever is applicable, and shall attach to the property on such date of adoption.

(Ord. No. 10-13, § 2.05, 4-12-2010)

(a)

The City Commission, in its sole discretion, shall determine whether to provide exemptions from payment of an assessment for government property or institutional property whose use is wholly or partially exempt from ad valorem taxation under State law.

(b)

The City Commission, in its sole discretion, shall determine whether to provide a program of hardship assistance to City residents who are living below or close to the poverty level and are at risk of losing title to their homes as a result of the imposition of an assessment.

(c)

The City Commission shall designate the funds available to provide any exemptions or hardship assistance. The provision of an exemption or hardship assistance in any one year shall in no way establish a right or entitlement to such exemption or assistance in any subsequent year and the provision of funds in any year may be limited to the extent funds are available and appropriated by the City Commission. Any funds designated for exemptions or hardship assistance shall be paid by the City from funds other than those generated by the assessment.

(d)

Any shortfall in the expected assessment proceeds due to any hardship assistance or exemption from payment of the assessments required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the assessments. In the event a court of competent jurisdiction determines any exemption or reduction by the City Commission is improper or otherwise adversely affects the validity of the assessment imposed for any fiscal year, the sole and exclusive remedy shall be the imposition of an assessment upon each benefited property in the amount of the assessment that would have been otherwise imposed save for such reduction or exemption afforded to such benefited property by the City Commission.

(Ord. No. 10-13, § 2.06, 4-12-2010)

(a)

The City Commission is hereby authorized to impose an annual service assessment to fund all or any portion of the service cost on benefited property at a rate of assessment based on the special benefit accruing to such property from the City's provision of the subsequently identified service, facility, or program. The amount of the service assessment that is imposed each fiscal year against each parcel of assessed property shall be determined pursuant to an apportionment methodology based upon a classification of property designed to provide a fair and reasonable apportionment of the service cost among properties on a basis reasonably related to the special benefit provided by the service, facility, or program funded with assessment proceeds. Nothing contained in this division shall be construed to require the imposition of assessments against government property.

(b)

All service assessments shall be imposed in conformity with the procedures set forth in this subdivision.

(Ord. No. 10-13, § 3.01, 4-12-2010)

The initial proceeding for the imposition of a service assessment shall be the City Commission's adoption of an initial assessment resolution:

(1)

Describing the property to be located within any proposed assessment area;

(2)

Containing a brief and general description of the services, facilities, or programs to be provided;

(3)

Determining the service cost to be assessed;

(4)

Describing the method of apportioning the service cost and the computation of the assessments for specific properties;

(5)

Establishing an estimated assessment rate for the upcoming fiscal year;

(6)

Establishing a maximum assessment rate, if desired by the City Commission;

(7)

Authorizing the date, time, and place of a public hearing to consider the adoption of the final assessment resolution for the upcoming fiscal year; and

(8)

Directing the City Manager to:

a.

Prepare the initial assessment roll, as required by section 2-718:

b.

Publish the notice required by section 2-719; and

c.

Mail the notice required by section 2-720.

(Ord. No. 10-13, § 3.02, 4-12-2010)

(a)

The City Manager shall prepare, or direct the preparation of, the initial assessment roll for the service assessments, which shall contain the following:

(1)

A summary description of all assessed property conforming to the description contained on the tax roll.

(2)

The name of the owner of the assessed property.

(3)

The amount of the service assessment to be imposed against each assessed property.

(b)

Copies of the initial assessment resolution and the preliminary assessment roll shall be available in the office of the City Manager and open to public inspection. The foregoing shall not be construed to require that the assessment roll be in printed form if the amount of the service assessment for each parcel of property can be determined by use of a computer terminal available to the public.

(Ord. No. 10-13, § 3.03, 4-12-2010)

Upon completion of the initial assessment roll and each year thereafter, the City Manager shall publish notice of a public hearing to adopt the final assessment resolution and approve the aforementioned initial assessment roll. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act.

(Ord. No. 10-13, § 3.04, 4-12-2010)

For the initial fiscal year in which a service assessment is imposed by the City Commission against assessed property pursuant to the Uniform Assessment Collection Act and in addition to the published notice required by section 2-719, the City Manager shall provide notice of the proposed service assessment by first class mail to the owner of each parcel of property subject to a service assessment. Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. Failure of the owner to receive such notice due to mistake or inadvertence shall not affect the validity of the assessment roll nor release or discharge any obligation for payment of a service assessment imposed by the City Commission pursuant to this division. Notice by mail for fiscal years after the initial fiscal year shall be controlled by section 2-723(c).

(Ord. No. 10-13, § 3.05, 4-12-2010)

(a)

At the time named in such notice or to such time as an adjournment or continuance may be taken by the City Commission, the City Commission shall receive any written objections of interested persons and may then, or at any subsequent meeting of the City Commission, adopt the final assessment resolution which shall:

(1)

Create any assessment area;

(2)

Confirm, modify, or repeal the initial assessment resolution with such amendments, if any, as may be deemed appropriate by the City Commission;

(3)

Establish the maximum assessment rate, if desired by the City Commission and set the rate of assessment to be imposed in the upcoming fiscal year;

(4)

Approve the initial assessment roll, with such amendments as it deems just and right; and

(5)

Determine the method of collection.

(b)

All parcels assessed shall derive a special benefit from the service, facility, or program to be provided or constructed and the service assessment shall be fairly and reasonably apportioned among the properties that receive the special benefit. All objections to the final assessment resolution shall be made in writing, and filed with the City Manager at or before the time or adjourned time of such hearing. The final assessment resolution shall constitute the annual rate resolution for the initial fiscal year in which assessments are imposed or reimposed hereunder.

(Ord. No. 10-13, § 3.06, 4-12-2010)

The service assessments for the initial fiscal year shall be established upon adoption of the final assessment resolution. The adoption of the final assessment resolution shall be the final adjudication of the issues presented (including, but not limited to, the method of apportionment and assessment, the maximum assessment rate, the initial rate of assessment, the initial assessment roll, and the levy and lien of the service assessments) unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action on the final assessment resolution. The initial assessment roll, as approved by the final assessment resolution, shall be delivered to the Tax Collector, or the Property Appraiser if so directed by the Tax Collector, or if an alternative method is used to collect the service assessments, such other official as the City Commission by resolution shall designate.

(Ord. No. 10-13, § 3.07, 4-12-2010)

(a)

During its budget adoption process and prior to September 15 of each year, the City Commission shall adopt an annual rate resolution for each fiscal year following the initial fiscal year for which a service assessment is imposed hereunder.

(b)

The initial proceedings for the adoption of an annual rate resolution for a service assessment imposed to fund the service cost of a service, facility or program shall be the adoption of a preliminary rate resolution containing:

(1)

A brief and general description of the services, facilities, or programs to be provided;

(2)

Determining the service cost to be assessed for the upcoming fiscal year;

(3)

Establishing the estimated assessment rate for the upcoming fiscal year;

(4)

Establishing or increasing a maximum assessment rate, if desired by the City Commission;

(5)

Authorizing the date, time, and place of a public hearing to receive and consider comments from the public and consider the adoption of the annual rate resolution for the upcoming fiscal year; and

(6)

Directing the City Manager to:

a.

Update the assessment roll;

b.

Provide notice by publication and first class mail to affected owners in the event circumstances described in subsection (d) of this section so require; and

c.

Directing and authorizing any supplemental or additional notice deemed proper, necessary or convenient by the City.

(c)

The annual rate resolution shall establish the rate of assessment to be imposed in the upcoming fiscal year and approve the assessment roll for the upcoming fiscal year with such adjustments as the City Commission deems just and right. The assessment roll shall be prepared in accordance with the method of apportionment set forth in the initial assessment resolution or most recent Preliminary Rate Resolution together with modifications, if any, and as confirmed in the final assessment resolution or most recent annual rate resolution.

(d)

In the event that the uniform method of collection provided for in the Uniform Assessment Collection Act is used and:

(1)

The proposed service assessment for any fiscal year exceeds the maximum assessment rate included in notice previously provided to the owners of assessed property pursuant to sections 2-719 and 2-720;

(2)

The method of apportionment is changed or the purpose for which the service assessment is imposed is substantially changed from that represented by notice previously provided to the owners of assessed property pursuant to sections 2-719 and 2-720;

(3)

Assessed property is reclassified in a manner which results in an increased service assessment from that represented by notice previously provided to the owners of assessed property pursuant to sections 2-719 and 2-720; or

(4)

An assessment roll contains assessed property that was not included on the assessment roll approved for the prior fiscal year;

notice shall be provided by first class mail to the owner of such assessed property. Such supplemental notice shall substantially conform with the notice requirements set forth in section 2-720 and inform the owner of the date and place for the adoption of the annual rate resolution. The failure of the owner to receive such supplemental notice due to mistake or inadvertence shall not affect the validity of the assessment roll nor release or discharge any obligation for payment of a service assessment imposed by the City Commission pursuant to this division.

(e)

The assessment roll, as approved by the annual rate resolution, shall be delivered to the Tax Collector, or the Property Appraiser if so directed by the Tax Collector, or if an alternative method is used to collect the service assessments, such other official as the City Commission by resolution shall designate. If the service assessment against any property shall be sustained, reduced, or abated by the City Commission, an adjustment shall be made on the assessment roll.

(Ord. No. 10-13, § 3.08, 4-12-2010)

(a)

An interim service assessment may be imposed against all property, for which a building permit is issued, after adoption of the annual rate resolution. The amount of the interim service assessment shall be calculated upon a monthly rate, which shall be one-twelfth of the annual rate for such property computed in accordance with the annual rate resolution for the fiscal year for which the interim service assessment is being imposed. Such monthly rate shall be imposed for each full calendar month remaining in the fiscal year. In addition to the monthly rate, the interim service assessment may also include an estimate of the subsequent fiscal year's service assessment. No building permit shall be issued until full payment of the interim service assessment is received by the City. Issuance of the building permit without the payment in full of the interim service assessment shall not relieve the owner of such property of the obligation of full payment. Any interim service assessment not collected prior to the issuance of the building permit may be collected pursuant to the Uniform Assessment Collection Act as provided in section 2-797 or by any other method authorized by law. Any interim service assessment shall be deemed due and payable on the date the building permit was issued and shall constitute a lien against such property as of that date. Said lien shall be equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments, and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the real property involved and shall be deemed perfected upon the issuance of the building permit.

(b)

In the event a building permit expires prior to completion of the building for which it was issued, and the applicant paid the interim service assessment at the time the building permit was issued, the applicant may within 90 days of the expiration of the building permit apply for a refund of the interim service assessment. Failure to timely apply for a refund of the interim service assessment shall waive any right to a refund.

(c)

The application for refund shall be filed with the City and contain the following:

(1)

The name and address of the applicant;

(2)

The location of the property and the tax parcel identification number for the property which was the subject of the building permit;

(3)

The date the interim service assessment was paid;

(4)

A copy of the receipt of payment for the interim service assessment; and

(5)

The date the building permit was issued and the date of expiration.

(d)

After verifying that the building permit has expired and that the building has not been completed, the City shall refund the interim service assessment paid for such building.

(e)

A building permit which is subsequently issued for a building on the same property which was subject of a refund shall pay the interim service assessment as required by this section.

(Ord. No. 10-13, § 3.09, 4-12-2010)

(a)

The City Commission is hereby authorized to impose capital assessments against property located within an assessment area to fund the capital cost or project cost, if obligations are issued, of local improvements. The capital assessment shall be computed in a manner that fairly and reasonably apportions the capital cost or project cost, if obligations are issued, among the parcels of property within the assessment area based upon objectively determinable assessment units and reasonably related to the special benefit provided by the local improvement. Nothing contained in this division shall be construed to require the imposition of capital assessments against government property.

(b)

All capital assessments shall be imposed in conformity with the procedures set forth in this subdivision.

(Ord. No. 10-13, § 4.01, 4-12-2010)

The initial proceeding for the imposition of a capital assessment shall be the City Commission's adoption of an initial assessment resolution:

(1)

Describing the property to be located within the proposed assessment area;

(2)

Containing a brief and general description of the local improvements to be provided;

(3)

Determining the capital cost or project cost to be assessed for local improvements;

(4)

Describing the method of apportioning the capital cost or project cost and the computation of the capital assessments for specific properties;

(5)

Establishing an estimated assessment rate for the upcoming fiscal year;

(6)

Describe the provisions, if any, for acceleration and prepayment of the capital assessment;

(7)

Describe the provisions, if any, for reallocating the capital assessment upon future subdivision;

(8)

Establishing a maximum assessment rate, if desired by the City Commission;

(9)

Authorizing the date, time, and place of a public hearing to consider the adoption of the final assessment resolution for the upcoming fiscal year; and

(10)

Directing the City Manager to:

a.

Prepare the initial assessment roll, as required by section 2-749;

b.

Publish the notice required by section 2-750; and

c.

Mail the notice required by sections 2-751.

(Ord. No. 10-13, § 4.02, 4-12-2010)

(a)

The City Manager shall prepare, or direct the preparation of, the initial assessment roll for capital assessments, which shall contain the following:

(1)

A summary description of all assessed property conforming to the description contained on the tax roll.

(2)

The name of the owner of the assessed property.

(3)

The number of assessment units attributable to each parcel.

(4)

The amount of the capital assessment to be imposed against each assessed property.

(b)

Copies of the initial assessment resolution and the preliminary assessment roll shall be available in the office of the City Manager and open to public inspection. The foregoing shall not be construed to require that the assessment roll be in printed form if the amount of the capital assessment for each parcel of property can be determined by use of a computer terminal available to the public.

(Ord. No. 10-13, § 4.03, 4-12-2010)

Upon completion of the initial assessment roll and each year thereafter, the City Manager shall publish notice of a public hearing to adopt the final assessment resolution and approve the aforementioned initial assessment roll. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act.

(Ord. No. 10-13, § 4.04, 4-12-2010)

For the initial fiscal year in which a capital assessment is imposed by the City Commission against assessed property pursuant to the Uniform Assessment Collection Act and in addition to the published notice required by section 2-750, the City Manager shall provide notice of the proposed capital assessment by first class mail to the owner of each parcel of property subject to a capital assessment. Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. Failure of the owner to receive such notice due to mistake or inadvertence shall not affect the validity of the assessment roll nor release or discharge any obligation for payment of a capital assessment imposed by the City Commission pursuant to this division. Notice by mail for fiscal years after the initial fiscal year shall be controlled by section 2-754.

(Ord. No. 10-13, § 4.05, 4-12-2010)

(a)

At the time named in such notice or to such time as an adjournment or continuance may be taken by the City Commission, the City Commission shall receive any written objections of interested persons and may then, or at any subsequent meeting of the City Commission, adopt the final assessment resolution which shall:

(1)

Create any assessment area;

(2)

Confirm, modify, or repeal the initial assessment resolution with such amendments, if any, as may be deemed appropriate by the City Commission;

(3)

Establish the maximum amount of the capital assessment for each assessment Unit and levy the rate of assessment for the upcoming fiscal year;

(4)

Approve the initial assessment roll, with such amendments as it deems just and right; and

(5)

Determine the method of collection.

(b)

All parcels assessed shall derive a special benefit from the local improvement to be provided or constructed and the capital assessment shall be fairly and reasonably apportioned among the properties that receive the special benefit. All objections to the final assessment resolution shall be made in writing, and filed with the City Manager at or before the time or adjourned time of such hearing. The final assessment resolution shall constitute the annual rate resolution for the initial fiscal year in which assessments are imposed or reimposed hereunder.

(Ord. No. 10-13, § 4.06, 4-12-2010)

The capital assessments for the initial fiscal year shall be established upon adoption of the final assessment resolution. The adoption of the final assessment resolution shall be the final adjudication of the issues presented (including, but not limited to, the method of apportionment and assessment, the initial rate of assessment, the initial assessment roll, and the levy and lien of the capital assessments) unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action on the final assessment resolution. The initial assessment roll, as approved by the final assessment resolution, shall be delivered to the Tax Collector, or the Property Appraiser, if so directed by the Tax Collector, or, if an alternative method is used to collect the capital assessments, such other official as the City Commission by resolution shall designate.

(Ord. No. 10-13, § 4.07, 4-12-2010)

(a)

During its budget adoption process and prior to September 15 of each year, the City Commission shall adopt an annual rate resolution for each fiscal year in which capital assessments will be imposed to fund the capital cost or project cost of a local improvement. The final assessment resolution shall constitute the annual assessment resolution for the initial fiscal year. The assessment roll shall be prepared in accordance with the initial assessment resolution, as confirmed or amended by the final assessment resolution. Failure to adopt an annual assessment resolution during the budget adoption process for a fiscal year may be cured at any time.

(b)

In the event that the uniform method of collection provided for in the Uniform Assessment Collection Act is used and:

(1)

The proposed capital assessment for any fiscal year exceeds the maximum assessment rate included in notice previously provided to the owners of assessed property pursuant to sections 2-750 and 2-751;

(2)

The method of apportionment is changed or the purpose for which the capital assessment is imposed is substantially changed from that represented by notice previously provided to the owners of assessed property pursuant to sections 2-750 and 2-751;

(3)

Assessed property is reclassified in a manner which results in an increased capital assessment from that represented by notice previously provided to the owners of assessed property pursuant to sections 2-750 and 2-751; or

(4)

An assessment roll contains assessed property that was not included on the assessment roll approved for the prior fiscal year, notice shall be provided by first class mail to the owner of such assessed property;

such supplemental notice shall substantially conform with the notice requirements set forth in section 2-751 and inform the owner of the date and place for the adoption of the annual rate resolution. The failure of the owner to receive such supplemental notice due to mistake or inadvertence shall not affect the validity of the assessment roll nor release or discharge any obligation for payment of a capital assessment imposed by the City Commission pursuant to this division.

(c)

The assessment roll, as approved by the annual rate resolution, shall be delivered to the Tax Collector, or the Property Appraiser, if so directed by the Tax Collector, or, if an alternative method is used to collect the capital assessments, such other official as the City Commission by resolution shall designate. If the capital assessment against any property shall be sustained, reduced, or abated by the City Commission, an adjustment shall be made on the assessment roll.

(Ord. No. 10-13, § 4.08, 4-12-2010)

(a)

Unless otherwise directed by the City Commission, the assessments shall be collected pursuant to the Uniform Assessment Collection Act, and the City shall comply with all applicable provisions of the Uniform Assessment Collection Act. Any hearing or notice required by this division may be combined with any other hearing or notice required by the Uniform Assessment Collection Act.

(b)

The amount of an assessment to be collected using the Uniform Assessment Collection Act for any specific parcel of benefited property may include an amount equivalent to the payment delinquency, delinquency fees and recording costs for a prior year's assessment for a comparable service, facility, program, or local improvement, provided that:

(1)

The collection method used in connection with the prior year's assessment did not employ the use of the Uniform Assessment Collection Act;

(2)

Notice is provided to the owner; and

(3)

Any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such assessment upon certification of a non-ad valorem roll to the Tax Collector by the City.

(Ord. No. 10-13, § 5.01, 4-12-2010)

In lieu of utilizing the Uniform Assessment Collection Act, the City may elect to collect the assessments by any other method which is authorized by law.

(Ord. No. 10-13, § 5.02, 4-12-2010)

In lieu of using the Uniform Assessment Collection Act to collect assessments from government property, the City may elect to use any other method authorized by law or provided by this section as follows:

(1)

The City shall provide assessment bills by first class mail to the owner of each affected parcel of government property. The bill or accompanying explanatory material shall include:

a.

A brief explanation of the assessment;

b.

A description of the unit of measurement used to determine the amount of the assessment;

c.

The number of units contained within the parcel;

d.

The total amount of the parcel's assessment for the appropriate period;

e.

The location at which payment will be accepted; and

f.

The date on which the assessment is due.

(2)

Assessments imposed against government property shall be due on the same date as all other assessments and, if applicable, shall be subject to the same discounts for early payment.

(3)

An assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The City shall notify the owner of any government property that is delinquent in payment of its assessment within 60 days from the date such assessment was due. Such notice shall state that the City will initiate a mandamus or other appropriate judicial action to compel payment.

(4)

All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent owners of government property against which a mandamus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the City, including reasonable attorney fees, in collection of such delinquent assessments and any other costs incurred by the City as a result of such delinquent assessments and the same shall be collectible as a part of or in addition to, the costs of the action.

(5)

As an alternative to the foregoing, an assessment imposed against government property may be collected on the bill for any utility service provided to such government property. The City Commission may contract for such billing services with any utility not owned by the City.

(Ord. No. 10-13, § 5.03, 4-12-2010)

(a)

Upon adoption of the final assessment resolution imposing capital assessments to fund a local improvement or at any time thereafter, the City Commission shall have the power and is hereby authorized to provide by resolution, at one time or from time to time in series, for the issuance of obligations to fund the project cost thereof.

(b)

If issued, the principal of and interest on each series of obligations shall be payable from pledged revenue. At the option of the City Commission, the City may agree, by resolution, to budget and appropriate funds to make up any deficiency in the reserve account established for the obligations or in the payment of the obligations, from other non-ad valorem revenue sources. The City Commission may also provide, by resolution, for a pledge of or lien upon proceeds of such non-ad valorem revenue sources for the benefit of the holders of the obligations. Any such resolution shall determine the nature and extent of any pledge of or lien upon proceeds of such non-ad valorem revenue sources.

(Ord. No. 10-13, § 6.01, 4-12-2010)

If issued, the obligations shall be dated, shall bear interest at such rate or rates, shall mature at such times as may be determined by resolution of the City Commission, and may be made redeemable before maturity, at the option of the City, at such price or prices and under such terms and conditions, all as may be fixed by the City Commission. Said obligations shall mature not later than 40 years after their issuance. The City Commission shall determine by resolution the form of the obligations, the manner of executing such obligations, and shall fix the denominations of such obligations, the place or places of payment of the principal and interest, which may be at any bank or trust company within or outside of the State, and such other terms and provisions of the obligations as it deems appropriate. The obligations may be sold at public or private sale for such price or prices as the City Commission shall determine by resolution. The obligations may be delivered to any contractor to pay for construction of the local improvements or may be sold in such manner and for such price as the City Commission may determine by resolution to be for the best interests of the City.

(Ord. No. 10-13, § 6.02, 4-12-2010)

At the option of the City Commission, obligations may bear interest at a variable rate.

(Ord. No. 10-13, § 6.03, 4-12-2010)

Prior to the preparation of definitive obligations of any series, the City Commission may, under like restrictions, issue interim receipts, interim certificates, or temporary obligations, exchangeable for definitive obligations when such obligations have been executed and are available for delivery. The City Commission may also provide for the replacement of any obligations which shall become mutilated, destroyed or lost. Obligations may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this division.

(Ord. No. 10-13, § 6.04, 4-12-2010)

In anticipation of the sale of obligations, the City Commission may, by resolution, issue notes and may renew the same from time to time. Such notes may be paid from the proceeds of the obligations, the proceeds of the capital assessments, the proceeds of the notes and such other legally available moneys as the City Commission deems appropriate by resolution. Said notes shall mature within five years of their issuance and shall bear interest at a rate not exceeding the maximum rate provided by law. The City Commission may issue obligations or renewal notes to repay the notes. The notes shall be issued in the same manner as the obligations.

(Ord. No. 10-13, § 6.05, 4-12-2010)

Obligations issued under the provisions of this division shall not be deemed to constitute a general obligation or pledge of the full faith and credit of the City within the meaning of the Constitution of the State of Florida, but such obligations shall be payable only from pledged revenue in the manner provided herein and by the resolution authorizing the obligations. The issuance of obligations under the provisions of this division shall not directly or indirectly obligate the City to levy or to pledge any form of ad valorem taxation whatever therefor. No holder of any such obligations shall ever have the right to compel any exercise of the ad valorem taxing power on the part of the City to pay any such obligations or the interest thereon or to enforce payment of such obligations or the interest thereon against any property of the City, nor shall such obligations constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the pledged revenue.

(Ord. No. 10-13, § 6.06, 4-12-2010)

The pledged revenue received pursuant to the authority of this division shall be deemed to be trust funds, to be held and applied solely as provided in this division and in the resolution authorizing issuance of the obligations. Such pledged revenue may be invested by the City, or its designee, in the manner provided by the resolution authorizing issuance of the obligations. The pledged revenue, upon receipt thereof by the City, shall be subject to the lien and pledge of the holders of any obligations or any entity other than the City providing credit enhancement on the obligations.

(Ord. No. 10-13, § 6.07, 4-12-2010)

Any holder of obligations, except to the extent the rights herein given may be restricted by the resolution authorizing issuance of the obligations, may, whether at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State or granted hereunder or under such resolution, and may enforce and compel the performance of all duties required by this part, or by such resolution, to be performed by the City.

(Ord. No. 10-13, § 6.08, 4-12-2010)

The City may, by resolution of the City Commission, issue obligations to refund any obligations issued pursuant to this division or any other obligations of the City therefor issued to finance the project cost of a local improvement and provide for the rights of the holders hereof. Such refunding obligations may be issued in an amount sufficient to provide for the payment of the principal of redemption premium, if any, and interest on the outstanding obligations to be refunded. If the issuance of such refunding obligations results in an annual assessment that exceeds the estimated maximum annual capital assessments set forth in the notice provided pursuant to section 2-751, the City Commission shall provide notice to the affected property owners and conduct a public hearing in the manner required by subdivision III of this division.

(Ord. No. 10-13, § 6.09, 4-12-2010)