palm beach county merit rules

8/1/2019 Palm Beach County Merit Rules

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Board of County Commissioners

MERIT SYSTEM

RULES AND REGULATONS


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TABLE OF CONTENTS

MERIT SYSTEM RULES AND REGULATIONS PAGE

RULE 1. ORGANIZATION AND ADMINISTRATION OF THE MERIT SYSTEM

RULES AND REGULATIONS

1.01 Purpose....................................... 1

1.02 Merit System Coverage......................... 4

1.03 Board of County Commissioners................. 6

1.04 County Administrator.......................... 7

1.05 Human Resources Director...................... 7

1.06 Personnel Appeals Board....................... 8

1.07 Discrimination Prohibited..................... 10

1.08 County Officers and Employees, Duties......... 10

RULE 2. DEFINITIONS

...................................................11

RULE 3. RECRUITMENT AND SELECTION

3.01 Recruitment...................................15

3.02 Procedure for Filling Vacancies...............15

3.03 Announcement of Vacant Positions..............16

3.04 Applications..................................173.05 Examination Provisions........................18

3.06 Method of Scoring/Rating Examinations.........19

3.07 Veterans Preference..........................20

3.08 Referral Lists................................20

3.09 Types of Referral Lists.......................22

3.10 Processing Applicants Selected................23

3.11 Post-Offer Physical...........................23

3.12 Types of Employment Status....................24

3.13 Temporary Promotions..........................26

RULE 4. PROBATIONARY PERIOD

4.01 General Provisions............................28

4.02 Duration......................................28

4.03 Dismissal During Probationary Period..........29


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RULE 5. DEMOTION, TRANSFER AND RESIGNATION

5.01 Types of Demotion..............................305.02 Lateral Transfer...............................31

5.03 Resignations/Rehire Status.....................31

RULE 6. CLASSIFICATION AND PAY ADMINISTRATION

6.01 The Classification Manual......................33

6.02 The Pay Plan...................................34

6.03 Administration of the Pay Plan.................35

6.04 Classification Review..........................38

6.05 Methods of Payment ............................40

(Overtime, Compensatory Time, ShiftDifferential, etc.)

RULE 7. RULES OF CONDUCT; DISCIPLINARY GUIDELINES; ADVERSE

ACTIONS; EMPLOYEE RECOURSE

7.01 General Provisions.............................45

7.02 Disciplinary Guidelines........................46

7.03 Procedures for Dismissal: Notice and Pre-

Termination Meeting............................51

7.04 Employee Grievances............................54

7.05 Appeal Procedure: Discharge or Layoff..........59

RULE 8. LAYOFF

8.01 General Provisions.............................61

8.02 Order of Layoffs...............................61

8.03 Retention/Recall Rights........................62

8.04 Selective Retention............................62

8.05 Notice of Layoff...............................62

8.06 Demotion in Lieu of Layoff.....................63

8.07 Severance Pay..................................63


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RULE 9. LEAVE BENEFITS

9.01 General Provisions.............................649.02 Sick Leave.....................................64

9.03 Vacation Leave.................................68

9.04 Holiday Leave..................................71

9.05 Compassionate Leave............................72

9.06 Administrative Leave (With Pay)................72

9.07 Family and Medical Leave (FMLA)................73

9.08 Leave of Absence (With or Without Pay).........77

9.09 Military Leave.................................78

9.10 Workers Compensation Leave....................78

RULE 10. OUTSIDE OR NON-COUNTY EMPLOYMENT


10.02 Restrictions..................................81

RULE 11. NEPOTISM


11.02 Policy........................................82

11.03 Definition of Relative........................82

RULE 12. PERFORMANCE REVIEW


12.02 Responsibility................................83

12.03 Types of Reviews..............................83

12.04 Merit Increases...............................84

12.05 Grievability..................................84


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RULE 1

ORGANIZATION AND ADMINISTRATION OF THE MERIT SYSTEMRULES AND REGULATIONS

1.01 PURPOSE

A. POLICY

It is the intent and policy of the Board ofCounty Commissioners (Board) to provide apersonnel management system consistent with thefollowing:

1. Recruiting, selecting, and advancingemployees on the basis of their relativeeducation, training and experience.

2. Providing equitable and adequatecompensation.

3. Training employees, as needed, to assurehigh quality performance.

4. Retaining employees on the basis of theadequacy of their performance or conduct,correcting inadequate performance orconduct, and separating employees whoseinadequate performance or conduct cannot becorrected.

5. Assuring fair treatment of applicants andemployees in all aspects of personneladministration without regard to race,color, religion, sex, national origin, age,disability, marital status, sexualorientation or political affiliation andwith proper regard for their privacy andconstitutional rights as citizens; and to

take affirmative steps to recruit, employand advance in employment qualifiedminorities, women, and persons withdisabilities.

6. Assuring that employees are protected

Last Update: February 06, 2007 1 Rule 1: Page 1 of 10


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against coercion for partisan political

purposes and are prohibited from using their

official authority for the purpose ofinterfering with or affecting the result of

an election or a nomination for office.

7. Assuring that there are no employees on theCounty payroll for whom there is noemployment need.

8. Assuring that no individual, group, orfaction in County employment createsdissension, unrest, disquiet, institutesrumors or by any other act causes dissension

and inefficiency to develop in Countyemployment. Such acts shall constitutegrounds for dismissal.

9. Informing the Board of County Commissionerswhen any departmental action to participatein a federal or federally funded program isconsidered.

B. PROCEDURES

The Human Resources Director, through the CountyAdministrator, shall prepare and submit to the

Board of County Commissioners these rules for theMerit Service. Amendments to the Merit SystemRules and Regulations (Merit Rules) may be madein the same manner.

C. CONTENT

The Merit Rules shall provide, among otherthings, as follows:

1. For the maintenance and revision of aposition classification plan for allpositions based upon a similarity of dutiesperformed and responsibilities assumed, sothat the same qualifications may be requiredfor and the same schedule of pay may beapplied to all positions in the same class.The Human Resources Director shall allocate



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the position of every employee to one of theclasses in the classification plan.

2. For periodic Pay Plan adjustments, based oneconomic and budget factors and Boarddirection. Employees shall be paid at therate set forth in the Pay Plan for theclassification in which they serve.

3. For open competitive and promotionalexaminations which shall determine therelative abilities and qualifications ofapplicants meeting announced requirementsfor the respective competitive positions inthe Merit Service. Such examinations shall

be announced publicly and in advance of theclosing date for the filing of applications.Notice of promotional examinations shall beposted in conspicuous places where they maybe seen by employees eligible to compete.The Human Resources Director, however, maycontinue to accept applications long enoughto assure a sufficient number of eligiblesto meet the needs of the Service and toreject applicants who fail to meet jobrequirements.

4. For the establishment of referral lists forappointment and promotion.

5. For a period of probation of one year beforepermanent status is attained, during whichperiod a probationary-status employee may bedischarged, demoted, or disciplined withoutcause or recourse.

6. For temporary or seasonal employment forperiods not to exceed six (6) months in anyone (1) year.

7. For the development and operation of anawards program to improve the effectivenessand morale of employees in the CountyService. Such programs may include aprovision for cash awards to employees who



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propose procedures or ideas which areadopted and placed into effect by the Board

of County Commissioners and which result, orare reasonably expected to result, ineliminating or reducing the expenditure ofpublic funds or the improvement ofefficiency in administration of Countygovernment.

8. For establishing procedures governinglayoffs, reinstatements, disciplinaryactions and grievances.

9. For hours of work, holidays, sick andvacation leave, and other leave with or

without pay.

10. For exemptions from the coverage andapplicability of these Merit Rules.

11. For other rules, Administrative policies andprocedures, regulations, and directives,consistent with these Merit Rules, whichshall aid in their effectiveness.

1.02 MERIT SYSTEM COVERAGE

A. These Merit Rules do not apply to the employeesof the Fire Rescue Department covered by theInternational Association of Fire Fightersbargaining units. For employees covered by theCommunication Workers of America bargaining unit,if the contract is silent, the Merit Rules apply.

County service does not include and the MeritRules do not apply to any employee of a not forprofit corporation, instrumentality or otherentity providing a service to or for the County,regardless of whether the County is deemed to be

a joint employer of such employee and whether theactivities of the not for profit corporation orother entity are funded in whole or in part bythe County.



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B. The County Service shall consist of all personnel

employed by the Board of County Commissioners in

one of the job classifications set forth in theClassification and Pay Plan, either as members ofthe Merit Service or as at-will employees. At-will is an employment relationship not covered bya collective bargaining agreement or the MeritService, in which either party is free toterminate the relationship at any time for anylawful reason. Some examples of at-willpositions are:

1. The Board of County Commissioners,Commissioners' Secretaries, AdministrativeAssistants and other Commission staff;

2. The County Administrator, Deputy CountyAdministrator, Assistant CountyAdministrators;

3. All positions in the Executive Pay Plan;

4. All non-grandfathered staff of the CountyAttorney;

5. Executive Secretaries, Executive Secretaryto the County Administrator;

6. The Internal Auditor;

7. Project Managers;

8. Deputy Chiefs and Division Chiefs;

9. Members of County Commission appointedboards, committees, and commissions.

10. Constitutional Officers, judiciary and theirrespective employees.

11. Persons employed on a contractual basis toperform special services on an as-needed orretainer basis with the Board of CountyCommissioners or certain departments.



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12. Employees with temporary status or a non-

regular status such as, but not limited to,

Students, Interns, and positions that are ofan on-call and sporadic nature.

13. Upon approval of the Director of HumanResources and the County Administrator,departments may designate certain positionsas at-will that have requirementsinconsistent with merit principles. A listof such positions will be kept in the HumanResources Department.

C. At-will employees of the Board of CountyCommissioners shall only be covered by the Merit

Rules dealing with leave benefits, outside ornon-County employment, and nepotism.

D. The County Administrator, County Attorney,Internal Auditor or designees shall select,appoint, employ, discipline, or remove anyemployee of the Board of County Commissionersunder their direction and control pursuant to anyand all procedures adopted by the Board and inaccordance with any employee or union agreementsand the Merit Rules for employees included in theMerit Service. Permanent-status employees withinthe Merit Service shall be dismissed,disciplined, or demoted for just cause or reasonand the written statement of such charge orcharges shall be filed with the Human ResourcesDirector and shall be furnished to the employee.In the case of employees in the Merit Service whohave completed their probationary period, theyshall have the right to grieve or appeal suchaction as provided by Merit Rule 7.

1.03 BOARD OF COUNTY COMMISSIONERS

The Board of County Commissioners is the finalauthority for:

A. Approving the Merit Rules. It may also requestthe County Administrator to prepare amendmentsand revisions it deems necessary.



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B. Approving the pay policy.

C. Nominating and confirming appointments to thePersonnel Appeals Board.

1.04 COUNTY ADMINISTRATOR

The County Administrator shall:

A. Administer and maintain the personnel systemsubject to the Merit Rules.

B. Prepare proposed amendments to the Merit Rulesand the Classification and Pay Plan in

cooperation with the Human Resources Director.

C. Implement and approve special pay schedules incases of declared emergencies based on the needsand circumstances of the emergency.

D. Perform other duties, exercise other powers,implement and approve special policies, makeexceptions to the Merit Rules and policies andprocedures as may be required for the efficientadministration of County government.

1.05 HUMAN RESOURCES DIRECTOR

The Human Resources Director shall:

A. Provide administrative and technical directionfor the Palm Beach County Human ResourcesDepartment subject to the provisions of the MeritSystem Rules and Regulations.

B. Develop and administer recruitment andexamination programs necessary to obtain anadequate supply of competent applicants to meetthe needs of County service.

C. Develop, maintain, and amend a comprehensiveclassification plan that reflects, on a currentbasis, the duties and responsibilities of eachposition.



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D. Administer the Pay Plan including the periodic

review of salary and wage levels as they affect

County employment and make recommendations foramendments to the Pay Plan as needed.

E. Establish administrative processes appropriate tocarrying out the personnel program.

F. Develop in cooperation with the CountyAdministrator and the various Department Headstraining and educational programs for employeesin the County Service as conditions warrant.

G. Provide administrative support to the PersonnelAppeals Board.

H. Provide leadership in the development of programsfor the improvement of employee productivity andmorale.

I. Encourage and exercise leadership in thedevelopment of effective personnel administrationwithin the departments of the County Service andmake available the facilities of the HumanResources Department for that purpose.

J. Perform any other functions as necessary or asdirected by the County Administrator to carry outthe purpose and provisions of the Merit Rules.

1.06 PERSONNEL APPEALS BOARD

A. Each Commissioner of the Board of CountyCommissioners shall appoint one qualifiedindividual to serve as a member of the PersonnelAppeals Board and appointments shall be subjectto majority vote of the full Board of CountyCommissioners. Commissioners may also appointalternates to ensure the availability of a

quorum. The members of the Personnel AppealsBoard shall be public spirited persons whosupport the merit system principles of personneladministration and who are not employed orappointed by Palm Beach County or its employeesin any other capacity, official or otherwise.



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B. Personnel Appeals Board members shall be

appointed for two (2) year terms and shall serve

at the pleasure of the Board. The members shallnot be compensated for their service on theBoard.

C. The Personnel Appeals Board shall annually electby majority vote a Chair for a term of one year,who will preside at all subsequent meetingsduring said term. A Vice-Chair shall be selectedin like manner and shall preside in the absenceof the Chair.

D. The Personnel Appeals Board shall:

1. Convene upon appropriate notice. Notice ofeach meeting shall be posted and shall beopen to the public. The Human ResourcesDirector shall provide clerical support anda meeting place and minutes shall be kept ofeach board meeting. The presence of amajority of members of the Personnel AppealsBoard shall constitute a quorum for thetransaction of business.

2. Adjudicate adverse action appeals involvingdischarge and layoff upon request of anypermanent-status employee. The PersonnelAppeals Board shall not have authority todevelop or define personnel administrationpolicy.

3. Render final and binding decisions for PalmBeach County in appeal hearings and sustain,modify or overturn the actions taken.

4. Provide for the administration of oaths, thepresentation of testimony, and theproduction of books, records, and paperspertinent to the hearing.

5. Establish procedures and makerecommendations for the conduct ofproceedings before the Personnel AppealsBoard.



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1.07 DISCRIMINATION PROHIBITED

A. No official, employee or person shall use orpromise to use, directly or indirectly, anyauthority or influence to secure employment forany person, a pay increase or influence the voteof any person or for any related consideration oraction.

B. No person shall be appointed, promoted, demoted,dismissed from the Merit Service, or in anymanner favored or discriminated against due torace, color, religion, sex, national origin, age,disability, marital status, sexual orientation orpolitical affiliation.

C. Any person who violates any of the foregoingprovisions of this section may be subject todisciplinary action.

1.08 COUNTY OFFICERS AND EMPLOYEES, DUTIES

All County officials and employees shall complywith and assist in carrying out the intent ofthe Merit Rules, including the reasonablefurnishing of records and information upon therequest of the Human Resources Director, thePersonnel Appeals Board, the CountyAdministrator, or the Board of CountyCommissioners.



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RULE 2

DEFINITIONS

ADA POSITION DESCRIPTION - A written description of anindividual position and the factors and work requirementsthat distinguish it from another position. A positiondescription shall include a brief summary of the position,essential and marginal job functions, equipment used,physical and weight lifting requirements, workingconditions, supervisory responsibilities, and minimumentrance requirements.

ANNIVERSARY DATE - The last date of hire into a permanent-

status position.

APPEAL - A request for a formal hearing before thePersonnel Appeals Board.

APPOINTING AUTHORITY - The County Administrator and anydepartment head or designee.

AT-WILL EMPLOYMENT - An employment relationship not coveredby a collective bargaining agreement or the Merit Service,in which either party is free to terminate the relationshipat any time.

CLASSIFICATION PLAN - The systematic arrangement ofindividual positions and duties into classes of work basedupon common factors.

COMPENSATORY TIME - Time off with pay in lieu of overtimepay for hours worked in excess of the normal workweek.

COUNTY SERVICE - All personnel employed by the Board ofCounty Commissioners in one of the job classifications setforth in the Classification and Pay Plan, either as membersof the Merit Service or as at-will employees.

DEMOTION - The change of an employee from one jobclassification to another job classification that has alower minimum assigned pay range, whether voluntary orinvoluntary.

DEPARTMENT HEAD - The Director of a department created by



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the Board of County Commissioners.

DOMESTIC PARTNER - A person of the same or opposite sexwith whom the employee maintains a significant personal andfamilial relationship outside of traditional marriage, andmeets the requisites for a valid domestic partnership asestablished by ordinance.

EXAMINATION - Any selection instrument used to measure therelative knowledge, skills, and abilities of applicantscompeting for positions.

EXEMPT EMPLOYEES - Employees excluded from the overtimeprovisions of the Fair Labor Standards Act.

GRIEVANCE - A formal notice of appeal of discipline by anemployee with permanent status in the Merit Service.

JOB SPECIFICATION - A written description of the essentialcharacteristics of a job classification and workrequirements that distinguish it from other jobclassifications.

JOB TITLE - A brief descriptive name for a jobclassification.

LAYOFF - The termination from employment caused by theelimination of a position or positions.

MERIT SERVICE - All permanent-status personnel employed inthe County Service, except those serving in at-willpositions.

NEW EMPLOYEE REQUISITION - The form used to initiate thehiring process.

NON-EXEMPT EMPLOYEES - Employees covered by the Fair LaborStandards Act for minimum wage and overtime payments.

NORMAL WORK WEEK - The work week that is typically used for

the calculation of pay and benefits, which is 40 hours.

OVERTIME PAY - Cash payment for hours worked in excess of40 hours per week.



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PAY GRADE - A salary range with a minimum and maximum payrate.

PAY PLAN - A formal schedule of pay and overtimeeligibility for all classes of work in the County Service.

PERFORMANCE REVIEW - A supervisor's formal evaluation of anemployee's work performance.

PERMANENT-STATUS EMPLOYEE - A Merit Service employee whohas satisfactorily completed a probationary period.

PERMANENT POSITION - A position that is funded for anindefinite period, depending on budgetary or other factors.

POSITION - A group of duties and responsibilities requiringthe full-time or part-time employment of one person, andbudgeted by the Board of County Commissioners.

PROBATIONARY-STATUS EMPLOYEE - A Merit Service employeecurrently serving a probationary period.

PROMOTION - The change of an employee from one jobclassification to another job classification that has ahigher minimum assigned pay range.

RECLASSIFICATION - The change of a position from oneclassification to another classification.

REFERRAL LIST - A list of applicants referred to theappointing authority by the Human Resources Director forselection to fill vacant positions in the Merit Service.

REGISTER - A list of applicants who have met minimumqualifications for positions after passing a writtenexamination or having been rated based upon training andexperience.

REINSTATED EMPLOYEE - Employees rehired within 30 calendardays of termination without loss of seniority or benefits.

SENIORITY - An employee's length of continuous service intoa permanent position dating from the last date of hire withthe County.



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SUBSTITUTE APPOINTMENT - An appointment to fill a vacancycreated by a leave of absence, which will terminate when

the original employee returns to work.

SUSPENSION - The separation without pay of an employee fora specified period of time.

TEMPORARY POSITION - A position funded for a period not toexceed six (6) months that does not offer benefits orpermanent status, such as student, on-call, seasonal orsubstitute positions.

TRANSFER - The change to another position in the same jobclassification or to a different classification with thesame pay grade.



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RULE 3

RECRUITMENT AND SELECTION

3.01 RECRUITMENT

A. Recruitment of applicants for positions in theMerit Service that are not to be filled bypromotion, demotion, lateral transfer, or recallfrom layoff, will be carried out through anyappropriate media on a timely basis to assure allsegments of the public have the opportunity toapply and be considered for such positions.

B. Applicants will be recruited on the basis of theminimum training and experience requirementsestablished for the class and position.

C. All advertisements shall indicate the County isan equal opportunity /affirmative action employer(minority, female, disabled, veteran - M,F,D,V)and shall be made available in alternate formatsupon request.

D. Individuals shall be recruited from a geographicarea as wide as is necessary to assure obtainingwell-qualified applicants for the various typesof positions.

3.02 PROCEDURE FOR FILLING VACANCIES

A. The Department Head or appointing authority shallsubmit an official New Employee Requisition(requisition) form to the Human ResourcesDirector to fill a vacancy and shall recommendthe manner in which the position should befilled.

B. Upon receipt of a valid requisition to fill avacancy, the Human Resources Director shallsubmit to the requesting Department Head orappointing authority the names, addresses, andtelephone numbers of applicants on the referral



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list for the position.

C. All referral lists shall be returned to the HumanResources Director by the Department Head andshall contain the notation of the actionsconcerning each applicant on the list.

D. If, at any time after a referral list has beenestablished by the Human Resources Director, theDepartment Head or appointing authority decidesnot to fill the position, the requisition andreferral list shall be canceled. In suchinstances, the applicants on the referral listshall be notified and record made by the HumanResources Director of the actions taken and the

reasons.

E. Any necessary administrative interpretationsconcerning referral and appointment matters maybe made by the Human Resources Director.

3.03 ANNOUNCEMENT OF VACANT POSITIONS

A. All vacancies in the Merit Service not beingfilled by demotion, lateral transfer or recallfrom layoff shall be publicized by postingannouncements in the Human Resources Office, onthe official department and division bulletinboards, and in other places and by other means asthe Human Resources Director deems advisable.

B. The announcements, which may be for fillingvacancies by initial appointment or by promotion,shall specify:

1. Class title and salary of the position to befilled.

2. The minimum qualification requirements for

eligibility or for admission to writtenand/or performance tests, if required.

3. The manner of making application.



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4. The closing date for receipt of application.

3.04 APPLICATIONS

A. FILING OF APPLICATIONS

1. All applications for positions in the MeritService shall be made on a Board of CountyCommission application form, or resume,deemed acceptable by the Human ResourcesDirector.

2. All applications shall be signed or affirmedby the applicant attesting to the truth of

all statements contained on the applicationform.

3. All applications must be filed within thetime limit indicated in the jobannouncement.

B. REJECTION OF APPLICATIONS

The Human Resources Director may reject anyapplication, if it is determined that:

1. The application was not received on orbefore the closing date established forreceiving applications.

2. The application was not filed on theprescribed form deemed acceptable by theHuman Resources Director.

3. The applicant does not possess one or moreof the requirements as specified in thepublic announcement.

4. The applicant failed to properly complete

the application form.

5. The applicant has made a false statement ofa material fact or practiced fraud orattempted to deceive in their application ortest, in attempting to secure appointment.



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6. The applicant was convicted of a felony that

is related to the employment sought.

Applicants having other felony convictionswill be considered on an individual casebasis, with the position involved, the crimefor which convicted, and rehabilitation asthe basis for decision.

7. The applicant was previously employed by theCounty and was dismissed, or resigned not ingood standing, and is currently not eligiblefor rehire by the County.

C. RETENTION OF APPLICATIONS

Applications accepted will be retained inaccordance with State of Florida Public RecordsLaw.

3.05 EXAMINATION PROVISIONS

A. Positions to be filled by open competitiverecruitment shall be filled through a competitiveexamination process open to the public, and basedon merit and qualifications, whenever practical.

1. All examinations shall be valid and reliableand shall test fairly the ability of theapplicant, with or without reasonableaccommodation, to perform the essentialduties of the position to be filled. Theexamination process will be made accessibleupon request.

2. Open competitive and promotionalexaminations shall be prepared and conductedunder the direction of the Human ResourcesDirector. Examinations may be assembled orunassembled and may include, but not be

limited to, rating of training andexperience, written, oral, physical orperformance tests. The examination processmay take into consideration factors such aseducation, experience, knowledge, skill,



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ability or any other job-relatedqualifications that may be applied

equitably.

3. In all assembled examinations, the name ofany examinee shall not be identified untilafter the examination papers have all beengraded.

B. Fraudulent conduct or false statements by anapplicant, or by others with their connivance, inany application or examination shall be deemedcause for the exclusion of such applicant from anexamination, for removal of his/her name from allconsideration, or for discharge from the County.

C. No employee may participate, directly orindirectly, in the rating of an examination inwhich he/she or a relative, by blood ormarriage, or a roommate, or anyone in theemployee's household, is a competitor.

D. It is the responsibility of every employee andrepresentative of the Human Resources Departmentto treat as confidential any informationavailable to them concerning examinationmaterials and ratings earned by competitors, inaccordance with the Florida Public Record Law.

E. Any examination may be postponed or canceled atthe direction of the Human Resources Director.In either case, each applicant shall be notifiedof the postponement or cancellation and thereasons for the action.

3.06 METHOD OF SCORING/RATING EXAMINATIONS

A. Appropriate techniques and procedures based onmerit principles shall be used in scoring/rating

results of examinations and in determining therelative scores/ratings of the competitors.

B. For all examinations, the minimum performance orrequirements for eligibility shall be establishedby the Human Resources Director. A minimum



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qualifying grade shall be established for eachexam segment and for the combined ratings of the

several parts of the examination.

C. In examining for technical and professionalpositions an evaluation of training andexperience may be conducted to determine the bestqualified applicants to compete in further stepsof the examination process.

3.07 VETERANS' PREFERENCE

Preference on entrance examinations, (and inreinstatement, reemployment, or retention), but

not on promotional examinations, shall be grantedto all persons requesting such who have achieveda minimum qualifying score on an open-competitiveexamination and who have submitted documentaryproof of eligibility. The rank order of suchpersons among other eligibles shall be determinedon the basis of their augmented rating.Veterans' preference shall be allowed inaccordance with Chapter 295, Florida Statutes.

3.08 REFERRAL LISTS

A. Vacancies in the Merit Service shall be filledfrom referral lists and/or registers by acompetitive process unless the Human ResourcesDirector determines that the vacancies will befilled by lateral transfer, demotion, recall orthrough any authorized and established non-competitive process.

B. It shall be the responsibility of applicants tonotify the Human Resources Director of any changeof address or other change affecting availabilityfor employment.

1. Whenever applicants restrict the conditionsunder which they will be available foremployment, their names may be withheld from



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all future referrals not meeting theconditions specified.

2. As needed and feasible, the Human ResourcesDirector shall update lists to maintainavailability of applicants on a currentbasis.

C. Each referral list shall remain in effect forsix (6) months. When deemed necessary and in thebest interest of the County, the Human ResourcesDirector may extend the duration of the referrallist for an additional period.

D. Applicants may be excluded from further

consideration for any of the reasons listedbelow:

1. At the request of the applicant.

2. Refusal of an offer of appointment underconditions previously listed by theapplicant as acceptable.

3. Appointment from a referral list to fill apermanent position.

4. Failure to report for an interview or torespond to any letter sent or to any inquiryof the Human Resources Director orDepartment Head within the time specifiedunless satisfactory justification isfurnished for such failure to respond.

5. Failure to report for work after acceptingappointment.

6. Notice by postal authorities of theirinability to locate applicants at last knownaddress.

7. The discovery, upon review of eligibility,that the applicant would be subject torejection under other provisions of theseregulations.



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8. Dismissal from the County Service or

resignation not in good standing with a

recommendation of no-rehire or anappropriate restricted rehire status.

9. Following separation from the County if on alist advertised as promotional.

10. Discovery that the applicant has willfullyprovided erroneous information, withheldinformation, evaded questions, or otherwisemisrepresented his/her qualifications toqualify for appointment and/or promotion.

11. Any cause or condition specified in the

Merit Rules for rejection of an application.

12. Expiration of six (6) months from the dateof being placed on a referral list unlessthe list is extended.

13. The applicants reference check revealsprevious job related performance or conductproblems.

3.09 TYPES OF REFERRAL LISTS

A. PROMOTIONAL LISTS

1. When in the best interest of the County, theHuman Resources Director shall establishpromotional lists from which vacancies inthe Merit Service can be filled.

2. All promotions will be made on a merit basis

from the best qualified group of candidates

on an appropriate list. The ranking

procedure may include but not be limited to

evaluation of training and experience,

written, physical, and performance tests,

structured oral interviews and performance

reviews.



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B. OPEN COMPETITIVE LISTS

When it is impractical to establish promotionallists, the Human Resources Director shall useopen competitive lists consisting of persons whohave successfully qualified through thecompetitive process for the classes of positionsinvolved.

3.10 PROCESSING APPLICANTS SELECTED

A. The Department Head or appointing authority shallselect the best qualified applicant from amongthose referred. Once a selection is made, the

Human Resources Department will make the joboffer to the selected person.

B. Before official appointment, the applicant must:

1. Pass a physical examination.

2. Based upon the nature of employment, pass apre-employment background investigationand/or drug test as required or permitted bylaw.

3. Present a Social Security card and otherdocumentation to meet U.S. Citizenship andImmigration Services (USCIS) requirementswithin three (3)days of beginning work.

4. Present proof of education, if requested,within 30 days of beginning work.

5. Present any other documents determinednecessary to verify job requirements.

C. Any exception to this procedure must be approvedby Human Resources Director.

3.11 POST-OFFER PHYSICAL

A. All applicants tentatively selected foremployment will be given a post-offer physical at



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the Occupational Health Clinic. The OccupationalHealth Clinic may determine an applicant

ineligible for the selected position if theapplicant is physically or mentally unable toperform the essential duties of the position withor without reasonable accommodation.

B. The post-offer physical is valid for 30 calendardays prior to actual start date. If placementexceeds 30 days, another post-offer physical isrequired.

C. If after separation an employee is rehired, theemployee must be given a post-offer physical atthe Occupational Health Clinic if more than 30

calendar days have elapsed.

D. No employee may start in a new position withoutOccupational Health Clinic review of thepositions physical requirements, whether apromotion, demotion, or a lateral transfer. TheOccupational Health Clinic shall make adetermination of what medical screening may berequired or waived.

3.12 TYPES OF EMPLOYMENT STATUS

A. PERMAMENT FULL-TIME

A position with a work schedule of 40 hours ormore that is funded for more than six (6) months,covered under our merit system and eligible forfull employee benefits.

B. PERMANENT PART-TIME

A position with a work schedule of less than 40hours per week, that is funded for more than six(6) months, and covered under our merit system.

Employee benefits are pro-rated based on thenumber of hours worked per week.

C. STUDENT



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A non-merit position that is set aside strictlyfor students enrolled in an accredited

educational or vocational program. Employment islimited to a maximum of 1,000 hours per calendaryear. Student employees receive no employeebenefits.

D. INTERN

1. A multi-year developmental program under thedirection of the Training and OrganizationalDevelopment Program for current Countyemployees.

2. A temporary (less than six (6) months)

position under an agreement with a college,university or vocational/technical school tosatisfy a practical experience requirementfor graduation.

E. ON-CALL

A non-merit position hired to work only whencalled, either for peak periods or to work inplace of permanent employees who call in sick,are on vacation or on leave of absence.Employment is limited to a maximum of 1,000 hoursper calendar year. On-call employees receive noemployee benefits.

F. SEASONAL

A non-merit position hired to staff a function orprogram that operates intermittently throughoutthe year and continues from year to year with aregular but often fluctuating work schedule.Employment is limited to a maximum of 1,000 hoursper calendar year. Seasonal employees receive noemployee benefits except Florida RetirementSystem contributions.

G. TEMPORARY

A non-merit position scheduled to work eitherfull or part-time to fill a temporary workload



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for up to six (6) months from date of hire.Temporary employees receive no employee benefits.

H. SUBSTITUTE

A non-merit position that is used to hire fromoutside County service to perform the job dutiesof a permanent County employee out on an approvedleave of absence. Substitute employees receiveno employee benefits. Substitute employees sharethe same position number and classification asthe permanent employee. They may work up to six(6) months, or until the permanent employeereturns from leave of absence.

I. OVERLAP

An employment status that occurs when a newemployee is hired to replace a permanent Countyemployee prior to the position being vacated.Overlap employees receive the same benefits asthe employee they are overlapping.

3.13 TEMPORARY PROMOTIONS

A. An employee meeting the minimum qualificationsmay receive a temporary promotion to a higher-level position without competition when:

1. An employee has to perform the duties duringthe temporary absence of the incumbent inexcess of ten (10) consecutive workdays. Atemporary promotion shall not exceed six (6)months unless extenuating circumstancesexist and approval is granted by the HumanResources Director. In no event shall thetemporary promotion continue for more than60 calendar days after the establishment ofan appropriate referral list.

2. It is necessary to the operation to fill theposition before permanent appointment can bemade. Temporary promotions shall not beused for trial periods or to train personsfor higher-level positions.



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B. An employee selected for a temporary promotion

must be informed of the conditions and

circumstances of the temporary promotion,including the assurance of return to his/herregular position upon completion of the temporaryassignment.



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RULE 4

PROBATIONARY PERIOD

4.01 GENERAL PROVISIONS

All appointments to positions in the Merit Serviceshall be subject to satisfactory completion of aprobationary period, whether new appointments,reemployment, or transfer from at-will positions. Theprobationary period shall be used for closelyobserving the employees work to determine if theemployees performance and conduct merit retention asa permanent employee.

4.02 DURATION

A. NEW EMPLOYEE

The probationary period for new employees shallnot be less than one (1) year of actual timeworked. If a probationary employee has anyperiod of absence from the job lasting longerthan 10 working days (80 hours), the probationperiod will be extended by the same amount oftime the employee was absent from the job. Theprobation can be extended by the Department Headwith the agreement of the Director of HumanResources for an additional 90 days based onatypical circumstances.

Employees on new employee probation are notallowed to laterally transfer into a differentposition or promote into a different positionbefore the end of the probation period. If anemployee on new employee probation takes ademotion, their pay will be the minimum of thenew grade.

B. PROMOTION

A promoted employee with permanent status shallbe on probation for three (3) months following



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the promotion date. Unsatisfactory completion ofthis probation shall result in demotion to the

original or equivalent position, and the rate ofpay returned to the same rate prior to promotion.

C. DEMOTION

A demoted employee with permanent status shall beon probation for three months, if he/she has notpreviously served a probationary period in thejob class to which he/she was demoted.Unsatisfactory completion of this probation shallresult in a recommendation for termination. Ifthe demotion was in lieu of layoff,unsatisfactory completion shall result in

discharge as if originally laid off.

D. REEMPLOYMENT

Upon reemployment in a position in the MeritService, an employee shall serve a newprobationary period. However, if reemployment isdue to a prior reduction-in-force, a permanent-status employee who is recalled to the same jobclass from which the layoff occurred shall not berequired to serve a new probationary period.

4.03 DISMISSAL DURING PROBATIONARY PERIOD

At any time, a Department Head, may dismiss anemployee with or without cause upon issuing of anapproved letter. There shall be no right of appealfrom adverse action taken against an employee duringthe probationary period.



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RULE 5

DEMOTION, TRANSFER AND RESIGNATION

5.01 TYPES OF DEMOTION

A. TYPES OF DEMOTION

An employee with permanent status may be demotedfor the following reasons:

1. INVOLUNTARY

a. The inability to satisfactorily perform

the essential duties andresponsibilities required by the jobclassification. Such demotion may bemade by the Department Head with theapproval of the Human ResourcesDirector.

b. The downgrading of the job class to alower pay grade.

2. VOLUNTARY

Employees with permanent status may requesta demotion to a job classification for whichthey are qualified with the approval of theDepartment Head and the Human ResourcesDirector.

B. DEMOTION IN LIEU OF LAYOFF

An employee with permanent status may electvoluntary demotion in lieu of layoff inaccordance with Merit Rule 8.

C. EFFECT OF DEMOTION ON PAY GRADE AND PAY RATES

When an employee with permanent status isdemoted, the employee's rate of pay will beadjusted in accordance with Merit Rule 6. Ifdemotion occurs while on new employee probation,



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the employees rate of pay must go to minimum ofgrade.

5.02 LATERAL TRANSFER

A. A permanent status employee, may, with theapproval of the Department Head concerned and theHuman Resources Director, be transferred toanother position in the same job classificationor to another job classification with the samepay grade.

B. Such transfer shall not change the employee's paygrade, pay rate, anniversary date or permanent

status.

C. If the transfer is to another classification, theemployee must meet minimum qualifications and theduties and responsibilities must be substantiallysimilar.

5.03 RESIGNATIONS/REHIRE STATUS

A. Any employee wishing to resign from Countyemployment should file with the Department Head awritten resignation stating the last date of workand the reason for leaving. Where possible, atleast two (2) weeks notice should be given.Failure to submit notice may result in a no-rehire recommendation.

B. The effective date of separation from the MeritService shall be at the close of business on thelast day an employee reports for duty, the lastday of paid approved leave or the last day ofmedical leave granted should the employee notreport on the first working day following theexpiration of approved medical leave.

C. An employee upon termination shall be coded asYes for rehire, No for rehire or Restrictedrehire, excepting rehire in a certain department.The basis for a no or restricted rehire isfailure to give notice, absence without leave



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(AWOL), discharge, poor performance, disciplinaryrecord, or otherwise leaving County employment

not in good standing. Former employees with a NOREHIRE status may request review of their statusafter one year by writing to the Human ResourcesDirector.



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RULE 6

CLASSIFICATION AND PAY ADMINISTRATION

6.01 THE CLASSIFICATION MANUAL

A. CONTENT OF THE CLASSIFICATION MANUAL

The Classification Manual contains writtenspecifications for each job class that describesthe nature of work and relative responsibilitiesof the class, typical illustrative tasks found inthe class, requirements of the class; thenecessary knowledge, skills, and abilities

required for adequate performance of the work;and the experience and training required forrecruitment.

1. The class titles standardize the meaning,allocation, and usage of positionsthroughout the County Service and shall beused on all personnel, accounting, budget,and related official records.

2. No person shall be appointed to a positionin the Merit Service under a title notcontained in the Classification and PaySystem.

B. RESPONSIBILITY FOR MAINTENANCE OF THECLASSIFICATION MANUAL

The Classification Manual shall be maintained bythe Human Resources Director who shall providefor the continued, proper allocation of positionsto job classes. The Human Resources Director maydelegate authority to staff members of the HumanResources Department to assist in the continuousreview and maintenance of the classification

specifications.

The Human Resources Director shall:

1. Determine the proper job class and pay gradefor each new or reclassified position.



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2. Periodically review the classification and

pay grade of all positions and recommend

appropriate changes to the ClassificationManual and/or Pay Plan.

3. Recommend the deletion of job classes nolonger useful to the County organization andrecommend new positions and job classeswhere appropriate.

C. USE OF THE CLASSIFICATION SPECIFICATIONS

The Classification Specifications shall be usedto:

1. Determine applicant qualifications.

2. Determine salary ranges to be assigned forthe various classes of work.

3. Delineate lines of career progression.

4. Provide an understandable and uniformterminology of jobs.

5. Assign new positions to classifications.

6.02 THE PAY PLAN

A. GENERAL PROVISIONS

The Pay Plan shall be directly related to theClassification Manual and shall provide the basisof compensation for employees in the CountyService. The Pay Plan shall be constructedaccording to the following:

1. Relative difficulty and responsibility ofthe various classes of work and minimum

entrance requirements.

2. Prevailing rates of pay for similar types ofwork in private and public employment.

3. Economic conditions of the area.



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4. Financial policies of the Board of County

Commissioners.

B. CONTENT OF THE PAY PLAN

The Pay Plan shall include:

1. A table of basic pay rates including regularand longevity pay rates.

2. A schedule of salary grades for each titlein the Classification Manual consisting ofminimum and maximum rates.

3. A listing of all types of additional

compensation and eligible employee groups.

C. RESPONSIBILITY FOR MAINTENANCE OF THE PAY PLAN

The Pay Plan shall be maintained by the HumanResources Director who shall:

1. Periodically review the pay grades of alljob classes.

2. Recommend changes to the pay grades based onchanges of job responsibilities, cost ofliving, availability of labor supply,prevailing rates of pay, the County'sfinancial condition and policies, or otherpertinent economic considerations.

3. Recommend pay grades for all new classtitles added to the Pay Plan.

4. Recommend types and amounts of special payincentives or allowances.

D. The Human Resources Director may delegateauthority to staff members of the Human Resources

Department to assist in the continuous review andmaintenance of the Pay Plan.

6.03 ADMINISTRATION OF THE PAY PLAN



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A. EMPLOYMENT TO BE IN ACCORD WITH THE PAY PLAN

1. All persons employed in the Merit Serviceshall be paid in accordance with the ratesof pay set forth in the Pay Plan for the jobclass to which the appointment is made.

2. Initial employment in the Merit Serviceshall normally be made at the minimum of thepay grade established for the job class.

3. Department Heads may request initialemployment above the minimum rateestablished for the class to which theappointment is made when there is a lack of

qualified applicants for the position orother extenuating circumstances. Suchappointments must be approved by the HumanResources Director, the CountyAdministrator, or Deputy CountyAdministrator, depending on how much therequest exceeds the minimum. Should theemployee be demoted prior to completion ofthe probationary period, the employees rateof pay should be reduced to minimum of paygrade.

B. TYPES OF SALARY INCREASES/DECREASES

1. Each year prior to implementation of the newbudget, the County Administrator willrecommend to the Board of CountyCommissioners the amount and timing of anyincreases (if given).

2. Pay Upon Promotion - An employee's rate ofpay will be adjusted as follows:

a. If the promotion is to a position one(1) pay grade higher than the present

position, the employee will receive a3% increase.

b. If the promotion is to a position two(2) pay grades higher, the employeewill receive a 6% increase.



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c. If the promotion is to a position three

(3) or more pay grades above the

present grade, the employee willreceive either a 10% increase or theminimum of the new pay grade, whicheveris higher.

d. In no case will the employee's baserate of pay exceed the maximum for theposition to which the promotion ismade.

3. Pay Upon Demotion - An employee's rate ofpay will be adjusted as follows:

a. If the demotion is to a position one(1) pay grade lower, the employee'srate of pay will be reduced by 3% or tothe maximum of the new range, whicheveris lower.

b. If the demotion is to a position two(2) pay grades lower, the employee'srate of pay will be reduced by 6% or tothe maximum of the new range, whicheveris lower.

c. If the demotion is to a position three(3) or more pay grades lower than thepresent position, the employee's baserate of pay will be reduced by 10% orto the maximum of the new range,whichever is lower.

d. In no case will the employee's baserate of pay exceed the maximum for theposition to which the demotion is made.

e. A promoted employee who is demotedbefore completion of a promotional

probationary period shall have his/herpay reduced by the same amount receivedas the promotional increase.

4. Pay Upon a Lateral Transfer



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If an employee is transferred to a positionwithin the same job classification, or to a

job classification with the same pay grade,the employee's base pay will remain thesame.

5. Pay Upon Recall from Layoff

An employee recalled to work from layoffwill be paid in accordance with Merit Rule8.

6. Special Salary Increases

Salary increases in addition to those

already specified in the Merit Rules shallnot be frequent and shall require theapproval of the County Administrator orDeputy County Administrator. This type ofadjustment shall be fully documented andjustified.

C. LONGEVITY PAY POLICY

1. Permanent-status employees of the Board ofCounty Commissioners hired before 5/6/92will be eligible for a 5% increase in basepay when they have completed twenty (20)years of continuous, unbroken service.

2. Previous employment with the Clerk &Comptroller, Property Appraiser, Sheriff'sOffice, Supervisor of Elections, and TaxCollector will be honored provided there wasno break in service at the time of transferto Board employment.

3. The effective date of the longevity increasewill be at the beginning of the pay periodin which the employee's anniversary falls.

6.04 CLASSIFICATION REVIEW




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The Compensation & Records Section of the HumanResources Department conducts classification

reviews periodically or at the request of thedepartment.

1. When a new position is anticipated, or whenthere is a significant change in the dutiesand responsibilities of a position, theappointing authority will submit a Requestfor Job Classification form and a PositionDescription reflecting current oranticipated duties, so that the position canbe properly classified.

2. Positions shall be reclassified only when

there is a significant change in the dutiesand responsibilities or an inequity in theoriginal classification.

3. Positions shall be regraded only whenrecruiting difficulties exist; anorganizational change affects the level ofresponsibility of a position; an inequitywas created by the reclassification of otherpositions; an inequity was created by theregrading of other positions; or competitivepay surveys indicate a change in grade levelis necessary.

B. AUTHORITY TO APPROVE RECLASSIFICATION/UPGRADERECOMMENDATIONS

Recommendations for reclassification shall bemade by the Human Resources Director to theCounty Administrator, Deputy CountyAdministrator, or Assistant County Administratorfor approval.

C. APPEAL OF A RECLASSIFICATION/UPGRADERECOMMENDATION

If the Department Head does not concur with HumanResources decision on a classification, therecommendation may be appealed to the CountyAdministrator, whose decision shall be final.The allocation and classification of positions



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shall not be addressed through the grievanceprocedure.

D. PAY UPON RECLASSIFICATION OR UPGRADING

1. When positions are reclassified, the MeritSystem Rules governing pay upon promotion,demotion, or lateral transfer shall beapplied in accordance with Merit Rule 6.03

2. When a job class is upgraded or downgradedto a new pay grade, rates of pay for theincumbents shall be adjusted in accordancewith Merit Rule 6.03

6.05 METHODS OF PAYMENT


1. All full-time Merit Service employees,exempt and non exempt, regularly workingestablished normal work weeks of 40 hours,shall be paid at the bi-weekly or hourlyrates set forth in the Palm Beach CountyClassification and Pay Plan.

2. If the effective date of any pay change isthe same date as an employee's annualincrease, the annual pay increase shall beapplied first and then any other pay changewill be applied.

B. BASE RATE OF PAY - Base rate of pay is the hourlyrate paid to an employee for a particular jobclassification.

1. The base rate shall not include additionalamounts paid for special compensation suchas shift differential, stand-by pay, or

other incentives and allowances.

2. Pay adjustments for increases, across-the-board increases, promotions, demotions,position upgrading and other types ofspecial pay shall be applied to the



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employee's base rate of pay only.

C. OVERTIME WORK

It shall be the general policy of the County notto require frequent or considerable overtime.However, Department Heads may authorize or directan employee to work over 40 hours when necessaryto meet emergency deadlines or operating needs.

1. All overtime work must be scheduled andauthorized by the Department Head ordesignee. Overtime that is fully documentedand approved by a Department Head ordesignee in advance of actual payment is

considered to be in compliance with MeritRule 6.

2. Department Heads shall maintain records ofall overtime worked by Merit Serviceemployees in their departments. Noadditional hourly pay or compensatory timeoff shall be granted except on the basis ofsuch records.

3. For overtime compensation purposes,holidays, previously scheduled vacationleave, compassionate leave, incentive leave,and jury duty shall be considered as timeactually worked. Benefits paid underWorkers' Compensation or any leave withoutpay granted to the employee shall not beconsidered as time worked when computingovertime.

4. When computing overtime, absent time paidsuch as sick and unscheduled annual leave,military leave, attendance at approvedseminars to learn skills for adifferent/higher classification shall be

excluded as time worked. Attendance atseminars to learn or improve skills used intheir current classification must be countedas time worked for overtime purposes.



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D. OVERTIME PAY/COMPENSATORY TIME FOR NON-EXEMPT

EMPLOYEES

Overtime pay or compensatory time off at time andone-half the employee's regular hourly rate shallbe allowed for all authorized and necessary workwhich exceeds 40 hours between 12:01 AM Saturdayand 12:00 midnight Friday. At the discretion ofthe Department Head, an employee may be grantedtime off in lieu of cash payment at the rate ofone and one-half (1-1/2) hours for each hour ofovertime worked in excess of 40 hours in a workweek. Individual employee compensatory timebalances shall not exceed 120 hours maximum peremployee. Bargaining unit employees must be paid

overtime. The accrual of compensatory time shallbe kept at a minimum and early use ofcompensatory time is encouraged to keepaccumulated balances as low as possible.

1. Holiday Pay - Non-Exempt employees who arerequired to work on a scheduled holidayshall receive eight (8) hours of holiday payand may receive time and one-half forworking on the holiday if their total hoursworked during the week of the holidayexceeds 40 hours. A Holiday is consideredeight (8) hours for a 40 hour work week.

2. Upon Termination - Terminated non-exemptemployees shall receive payment for allaccrued overtime/compensatory time worked.

E. STRAIGHT TIME PAYMENT FOR EXEMPT EMPLOYEES

1. Employees exempt from paid overtime may begranted time off at a rate of one hour foreach hour worked in excess of 40 hours withthe approval of the Department head.

2. Payment to exempt employees at straight timerates can be made with the approval of theCounty Administrator as warranted by unusualcircumstances, or when it is deemed counter-productive to allow employees to take timeoff or flex their schedules.



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3. Time balances must be taken prior to

termination.

F. SHIFT DIFFERENTIAL PAY

1. Shift differential will be paid to employeeswho are assigned either of the night shiftsin those departments and divisions whichoperate two (2) or three (3) shifts per day.Shift differential is 5% of the employee'sbase rate of pay.

2. If the employee is transferred from thenight shift to the day shift, thedifferential pay will be discontinued. For

overtime purposes, shift differential payshall be considered when calculatingovertime.

G. STANDBY ASSIGNMENT PAY

When it shall be in the best interest of theCounty, a Department Head may require MeritService employees to work evening and weekendstandby assignments. For purposes of overtimework, standby pay shall be considered whencomputing overtime pay benefits.

H. LEADWORKER PAY

1. A 6% in-grade increase will be paid toemployees with the responsibility forassigning and reviewing the work of otheremployees who are classified in the samegrade at a work location removed fromregular supervision. Such limitedsupervisory responsibility shall not includehiring, performance reviews, anddisciplinary actions.

2. The 6% differential shall be based on theemployees base rate of pay. If leadworkerduties cease, the amount of leadworker paywill be discontinued.

I. PAY UPON TERMINATION



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Upon termination, employees shall receive all paydue them, subject to the following

qualifications:

1. Payment for overtime shall be subject to theprovisions of Merit Rule 6.05, pertaining toovertime and compensatory time.

2. Payment of vacation leave and sick leaveshall be subject to the provisions of MeritRule 9 governing final payment of sick andvacation leave, and shall be made at thebase rate of pay excluding assignment pay.

3. No holiday pay may be granted to the

terminating employee for any holidayoccurring after the close of business on thelast day the employee reports for duty.

4. Any employee who is liable for repayment oftuition or other monies at the time ofseparation shall have his/her final payapplied against whatever amount may beneeded to satisfy the balance. Partialsettlement of an account by application offinal pay shall not release an employee fromresponsibility for the balance remainingdue.

5. In the event of the death of an employee,his/her estate shall be paid any amounts duefor hours worked, accrued compensatory time,vacation leave and sick leave.



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RULE 7

RULES OF CONDUCT; DISCIPLINARY GUIDELINES;ADVERSE ACTIONS; EMPLOYEE RECOURSE

7.01 GENERAL PROVISIONS

A. The Board of County Commissioners requires thatemployees be familiar with all rules andregulations pertaining to their jobs and thatthey abide by these rules and regulations incarrying out their assigned duties. Supervisorswill ensure that their employees are adequatelytrained in their jobs and informed of all rules

and regulations pertaining to their jobs.

B. Employees who commit an offense will bedisciplined by written reprimand, suspension,demotion, dismissal or a combination thereof, asoutlined in Section 7.02.

C. Written reprimands and suspensions must berecorded on Form MS# 113, signed by thesupervisor, division head, department head,acknowledged by the employee, and submitted toHuman Resources.

D. Discipline, demotion or dismissal may also beadministered if the employee does not meet andmaintain the prerequisite conditions for acertain position, including but not limited tofailure to obtain or maintain required licenses,certificates or other essential qualifications,failure to perform the work required, orunsatisfactory performance.

E. Any disciplined employee has the right to submita grievance or appeal as established by the PalmBeach County Merit Rules or applicable collective

bargaining agreement.

F. Each employee shall be provided a copy of MeritRule 7 and is responsible for knowing andunderstanding the disciplinary guidelines inMerit Rule 7.



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7.02 DISCIPLINARY GUIDELINES

A. Department directors or designees may discipline,demote or dismiss permanent-status employees forjust cause.

B. Department directors or designees will use thefollowing list of offenses and disciplinaryguidelines when administering discipline. If aspecific offense or circumstance warrantsdiscipline but is not listed, appropriatediscipline may be administered within the meaningand intent of Merit Rule 7.

C. Application of Progressive Discipline

1. First Offense: If an employee has not beendisciplined for any offense within theprevious 12 months, then the disciplinaryguidelines for a first offense will apply.

2. Second Offense: If an employee has beendisciplined for any offense within theprevious 12 months, then the disciplinaryguidelines for a second offense will apply.

3. Third Offense: If an employee has beendisciplined for two or more offenses withinthe previous 12 months, then thedisciplinary guidelines for a third offensewill apply.

4. When determining whether an employee hasbeen disciplined within the previous 12months, the operative date is the date ofthe employees signature of acknowledgmentof receipt of the discipline. If theemployee refuses to sign the acknowledgementof receipt, the operative date is the dateof that refusal, as noted on the

disciplinary action form.

D. If the disciplinary guidelines provide for arange of disciplinary options for a particularoffense, the department director or designee mayconsider the employees entire personnel record



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and employment history when deciding which of thedisciplinary options to impose.

1st 2nd 3rd

OFFENSE OR CONDUCT OCCURRENCE OCCURRENCE OCCURRENCE

1. Failure to perform assigned Written 1-5 days 6-10 days

duties. Employees are expected Reprimand Suspension Suspension

to satisfactorily perform work or Dismissal

assignments within the scope

of their jobs.

2. Failure to follow instructions Same Same Same

or directions.

3. Unproductive use of time Same Same Same

4. Excessive tardiness. Employees Same Same Same

shall not depart from work

early without permission and

shall observe time limits for

breaks & lunch periods.

5. Excessive absenteeism. Sick Same Same Same

leave and other types of leave

benefits shall not be abused.

Employee must notify supervisor

in advance of anticipated absence.

6. Unauthorized distribution of Same Same Same

written or printed materials

on County premises or while

on duty.

7. Unauthorized solicitation or Same Same Same

sales on County premises orwhile on duty.

8. Use of profane, obscene, Same Same Same

or derogatory language to

public or co-workers.



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1st 2nd 3rd


9. Absence without authorized 1-5 days 6-10 days Dismissal

leave for less than 3 Suspension Suspensionconsecutive work days. or dismissal

10. Failure to report an injury Same Same Same

or accident.

11. Leaving work station without Same Same Same

authorization.

12. Sleeping while on duty. Same Same Same

13. Revealing privileged or Same Same Same

confidential information

to unauthorized persons.

14. Dishonesty Same Same Same

15. Gambling Same Same Same

16. Negligence 6-10 days Dismissal

Suspension

or Dismissal

17. Misappropriation of funds. Same Same

18. Insubordination. Refusal to Same Same

perform work, follow directives,

or defiance, contempt or

antagonism to supervision.

19. Fighting or violence or any Same Same

other action interfering with

the work of others or service

to the public.

20. Unauthorized possession Same Sameof a weapon.



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1st 2nd 3rd


21. Use of threats, intimidation, Same Same

harassment or verbal abuse

to public or co-workers.

22. Use of corporal punishment, Same Same

mistreatment or physical

abuse. No individual shall

be threatened with physical

violence or otherwise forced

to suffer degrading experiences.

23. Failure to report any Same Same

mistreatment of co-workers,

clients, or the public.

24. Falsification of records Same Same

including omission or knowingly

submitting inaccurate or

untruthful information.

25. Destruction or abuse of Same Same

County property or equipment

or property of co-worker or

public, regardless of value.

26. Unauthorized use of County Same Same

property or equipment or

property of co-worker or

public.

27. Theft of property or equipment, Same Same

regardless of value, owned by

the County, a co-worker or a

member of the public.

28. Participating or engaging Same Same

in concerted activity to

commit an offense or slow-down

of work, mass call-in

alleging sickness or work

stoppage.



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1st 2nd 3rd


29. Committing any offense while Same Same

supervising other employees.

30. Impaired or under the Same Same

influence of alcohol or non-

prescription controlled

substances.

31. Use, possession, solicitation, Same Same

sale or disbursement of

alcohol or non-prescription

controlled substances.

32. Conduct unbecoming a public Same Same

employee. Such conduct

includes actions which reflectunfavorably on the County, its

employees or its citizens.

Employees are expected to

conduct themselves in a

professional manner.

33. Violation of other rules, Written Up to 10 days 6-10 days

regulations or policies reprimand or Suspension Suspension

such as departmental or up to or Dismissal or

policies or safety rules, 10 days Dismissal

or Federal, State or Suspension

local rules or laws. or Dismissal

1st 2nd 3rd


34. Absent without authorization Dismissal

of leave for 3 or moreconsecutive work days.



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35. Use or threatened use of Dismissal

a weapon.

36. Unethical conduct as Dismissal

specified in Chapter 112,

Florida Statutes, "Code of

Ethics for Public Officersand Employees."

37. Placed under arrest and/or Administrative leave

charged with any crime without pay until the

related to employment charge is resolved by

or which implies a the prosecuting authority

likelihood of potential or a criminal court.

harm to citizens or property.

38. Found guilty regardless of Dismissal

adjudication or entered a

plea of nolo contendere or

guilty of any crime relatedto employment or which implies

a likelihood of potential harm

to citizens or property.

7.03 PROCEDURES FOR DISMISSAL: NOTICE AND PRE-TERMINATIONMEETING

A. Before any permanent-status employee can bedismissed, the department director or designeemust provide written notice to the employee andconvene a pre-termination meeting.

1. Written notice shall be:

a. Hand-delivered to the employee at leastthree(3) working days before themeeting; or

b. Sent by regular first class mail atleast five(5) working days before themeeting to the home mailing addressprovided by the employee. A mailednotice shall constitute full and

complete notice even if the mail isrefused or ignored by the employee.



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2. The written notice shall contain the following:

a. The reasons for the employees proposeddismissal, including the specificoffense or offenses, if any, chargedagainst the employee.

b. A statement that a meeting has beenscheduled to give the employee anopportunity to rebut or otherwiserespond to the reasons stated for theproposed dismissal, and that theemployee may submit relevant evidence,orally or in writing, at the meeting.

c. The date, time and location, includingaddress and room number, of themeeting.

d. A statement that the employee may bringan attorney or other representative toassist the employee at the meeting.

e. A statement that if the employee isunable to attend the meeting in person,then the employee may, upon request,attend the meeting by telephone or maysend a representative to attend themeeting in the employees place.

f. A statement that if the employee failsto attend the meeting or otherwise

respond to the written notice, thedepartment director or designee willmake the decision based on theavailable evidence.

g. A request that the employee contact thedepartment not less than 24 hoursbefore the scheduled meeting to confirmwhether the employee, or the employeesrepresentative, will attend themeeting.

h. The name and telephone number of thedepartmental contact for the employeeto call to confirm attendance.



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B. PERIOD BETWEEN NOTICE AND THE PRE-TERMINATIONMEETING

1. During the period between notice and thepre-termination meeting, departmentdirectors or designees may:

a. Direct employees to follow their normalschedule and perform their usual dutiesin a professional and orderly manner;

b. Temporarily assign employees to otherduties, another schedule or anotherwork location;

c. Allow employees to use availablevacation leave; or

d. Place employees on administrative leave

with pay.

C. PRE-TERMINATION MEETING

1. The department director or designee shallpreside over the meeting.

2. The Human Resources director or one or moredesignees, the County Attorney or designee,and the employees supervisor or otheremployees within the department may attendthe meeting. The department should providecopies of relevant documents and

correspondence to the attendees before themeeting.

3. The meeting shall be conducted informally.

4. The department director or designee willconvene the meeting and will explain thatthe purpose of the meeting is to protect theemployee from an erroneous or arbitrarydecision and to hear the employees responseto the reasons stated for the proposeddismissal.

5. The employee shall be permitted to rebut orotherwise respond to the reasons stated forthe proposed dismissal, and may submitrelevant evidence, orally or in writing, atthe meeting.



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6. After considering all relevant evidence, thedepartment director or designee shall decidewhether to dismiss the employee or takeother appropriate action.

7. If the department director or designee

decides to dismiss or otherwise disciplinethe employee, the employee will be informedof his or her right to appeal or grieve thatdecision.

8. Any dismissal or discipline will beeffective immediately unless otherwisestated by the department director ordesignee.

7.04 EMPLOYEE GRIEVANCES

A. DEFINITION AND SCOPE

Permanent-status employees within the MeritService may file grievances on disciplinaryactions, involuntary demotions, failure to bepromoted and disputes involving the applicationsof the Merit Rules and other policies andprocedures, with the following exceptions:

1. Contents of policies, procedures, rules andregulations.

2. The methods and means by which work

activities are carried out, including worklocation and scheduling.

3. Performance reviews.

4. Counseling forms or memos of counseling.

5. Pay policies and the assignment of paygrades and salary ranges.

6. Discharges and layoffs, which are appealableto the Personnel Appeals Board.

7. Job classification disputes, which areappealable by the Department Head to theCounty Administrator, whose decision shallbe final.



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8. Discrimination complaints, which areinformally filed with the Fair EmploymentPrograms section of Human Resources.

B. PROCEDURE

1. Prior to initiating a grievance under thisprocess the employee shall discuss theproblem with his/her immediate supervisorwho shall try to resolve the issue with theemployee.

2. If the issue is not resolved by theemployee's immediate supervisor, theemployee submits the grievance to the HumanResources Director within five (5) workingdays of the event giving rise to thegrievance. The Human Resources Director ordesignee determines whether the issue is

grievable under this procedure. To theextent possible, the Employee Relationsstaff attempts to resolve the issue at thisstep.

3. For a grievance to be processed, it must besubmitted on the official grievance form,MS# 213.

a. STEP I: The grievance is presented inwriting on the official grievance formto the immediate supervisor withinfive (5) working days of the date the

employee was notified by the HumanResources Department that the issue isgrievable. The supervisor shall meetwith the employee and reply in writingon the grievance form within five (5)working days.

b. STEP II: If the grievant is notsatisfied by the STEP I response, thegrievance is presented to the DivisionHead if applicable within five (5)working days. The Division Head shall

meet with the employee, investigatethe grievance, and reply in writing onthe grievance form within five (5)working days.



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c. STEP III: If the grievant is notsatisfied by the STEP II response, thegrievance is presented to theDepartment Head within five (5)working days. The Department Headshall meet with the employee and reply

in writing on the grievance formwithin five (5) working days.

d. GRIEVANCE COMMITTEE: If the grievantis not satisfied by the STEP IIIresponse, the grievance is presentedto the Human Resources Director withinfive (5) working days. The HumanResources Director will convene aGrievance Committee to meet with thegrievant, investigate the grievance,and submit a written report withrecommendations to the Human Resources

Director.

C. TIME FRAMES:

Failure of the employee to comply with thetime constraints outlined is considered avoluntary withdrawal of the grievance.Failure of a management representative tocomply with the time constraints outlinedabove will result in the grievance beingprocessed to the next level.

D. GRIEVANCE COMMITTEE

1. Purpose

The Grievance Committee serves as a hearingbody for those grievances not resolved atthe final departmental level (Step III).

2. Function

The Employee Relations staff serves in anadvisory capacity to the GrievanceCommittee. As often as possible, meetings

and interviews are conducted during regularworking hours. Any employee requested toappear before the Grievance Committee willbe allowed time off with pay to do so. TheGrievance Committee shall hear the facts ofthe case on an informal unstructured basisand will arrive at a conclusion based on amajority vote of the members.



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3. Structure

The Grievance Committee shall be composed offive (5) active members, all of whom arecurrent County employees from departmentsother than that of the grievant. These five

(5) active members, as well as an additionalfive (5) alternate members, are appointed bythe County Administrator for GrievanceCommittee service extending over a period oftwelve (12) months. At the end of each 12-month period, the County Administrator willestablish a renewed list of Committeedelegates for the coming year. All memberscalled upon to serve on a GrievanceCommittee shall be charged with theresponsibility of objectively hearing thecase as neutral determiners of fact and justcause.

Grievance Committee hearings will normallybe held on the second Thursday of each monthbut may be convened more/less frequentlydepending upon necessity. Furthermore,these proceedings shall be conducted in apublic setting so as to comply with anyapplicable legal statutes and/orregulations.

The Human Resources Department/EmployeeRelations will oversee and administer theGrievance Committee process, including any

necessary training of all active andalternate Committee delegates. An EmployeeRelations staff member will act asChairperson with the following duties andresponsibilities:

(1) In conjunction with the grievantsdepartment, arranges for a suitablemeeting place at which to conduct thegrievance hearing and coordinates otherlogistical factors (e.g. meeting date,time) with all participants, including

any witnesses scheduled to providetestimony.

(2) Maintains the integrity of the processand ensures that the grievance hearingis conducted in an orderly,profess

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