Loading...
147.07 CELL PHONE USE POLICY.
   The goal of the Village’s Cell Phone Policy is to ensure fiscal control and accountability for the cell phones issued in the name of the Village of Sebring. This policy has been developed to ensure that users of these cell phones understand their responsibilities and proper use.
   (a)   Purposes and Uses. The Village has obtained cell phones for designated Village employees and/or departments. These cell phones were obtained to provide communication for the Village business and for emergency communication only. Unauthorized calls or use billed to the Village will be the responsibility of the person to whom the cell phone is issued to; and may result in disciplinary action.
   (b)   Issuance of Cell Phones. The Village Manager will designate Village employees to whom cell phones shall be issued. The Village Manager will allocate a cell phone to the designated Village employee. The Village employee will be required to sign a receipt for the cell phone and a copy of this policy.
   (c)   Return of Cell Phone. Individuals receiving a Village cell phone shall return the cell phone to the Village Manager in the same working condition it was received when the Village Manager requests the return of the cell phone. If an individual fails to return the cell phone to the Village Manager, the Village Manager will report the cell phone lost, destroyed or stolen as appropriate. If an individual fails to return a cell phone as agreed, the individual may be held responsible for all charges incurred after the cell phone was reported lost, damaged or stolen, as well as all charges incurred by the Village related to the cancellation of the cell phone.
   (d)   Lost, Damaged or Stolen Cell Phones. If a Village employee loses a cell phone, has come to believe the cell phone is damaged or destroyed, or believes the cell phone was stolen, the employee must report the same immediately to the Village Manager.
   (e)   Payment of Bills.
      (1)   The Sebring Finance Department will receive the cell phone bills as set by the cell phone service. If personal calls, unapproved charges or other improper charges are identified on the bill, a statement indicating these charges and the amounts will be prepared and forwarded to the designated employee. Payments of the amounts indicated must be made within ten days.
      (2)   As a condition of receiving a cell phone, the individual using the cell phone agrees to reimburse the Village of Sebring for all personal calls, unapproved charges, or other improper charges as determined above. Failure to reimburse the Village may subject the individual to additional charges for interest expense incurred by the Village.
   (f)   Violations. The Village reserves the right to use all legal means available to collect amounts due the Village pursuant to this policy. Individuals failing to make this reimbursement or otherwise abide by this policy, will be reported to their department head and the Village Manager for disciplinary action, and possible legal action.
      (Ord. 22-06. Passed 5-22-06.)
147.08 CREDIT CARD USE POLICY.
   EDITOR’S NOTE: Pursuant to Resolution 05-2019, passed February 25, 2019. Council enacted a Credit Card Policy, a copy of which is attached to the Resolution as Exhibit A.
147.09 COMPUTER, E-MAIL AND INTERNET USE POLICY.
   (a)   E-Mail Internet Privacy. The purpose of this policy is to provide guidelines regarding the personal responsibility of Village employees using the Internet, electronic mail services and online services.
   (b)   General Understandings.
      (1)   Access to computer systems and networks owned or operated by the Village of Sebring imposes certain responsibilities and obligations on Village employees and officials (hereinafter termed “users”) and is subject to Village policies and local, state and federal laws. Acceptable use always is ethical, reflects honesty and shows restraint in the consumption of shared resources. It demonstrates respect for intellectual property, ownership of information, system security mechanisms, and the individual’s rights to privacy and freedom from intimidation, harassment and unwarranted annoyance.
      (2)   Users may be subject to limitations on their use of the computer systems and networks as determined by the appropriate supervising authority.
      (3)   Use of computer systems and network services provided by the Village of Sebring may be subject to monitoring for security and/or network management reasons. Users of these services are therefore advised of this potential monitoring and agree to this practice.
      (4)   Users who violate any copy right declarations are acting outside the course and scope of their employment or other authority. Therefore, the Village of Sebring is relieved of any legal responsibility. Users will be personally responsible and liable for such infringing activities.
      (5)   By participating in the use of computer systems and network services provided by the Village, users agree to be subject to and abide this policy for their use. Willful violation of the principles and provisions of this policy may result in disciplinary action.
      (6)   This document may updated on an as-needed basis and is subject to annual review.
      (7)   Be aware that all users should not expect privacy when using the Department’s information systems. All messages are under Department and Village jurisdiction and the Department and/or Village reserves the right to access and disclose all messages sent over its information systems.
      (8)   Some simple rules for computer users are as follows.
   (c)   Users shall:
      (1)   Use the network only for official Village business and access only files and data that are their own, that are publicly available, or to which they have authorized access. “Official Village Business” for education and research purposes by entities established specifically for such purposes may be more broadly interpreted in accordance with guidelines developed by such entities.
      (2)   Refrain from monopolizing systems, overloading networks with excessive data or wasting computer time, connect time, disk space, printer paper, manuals or other resources.
      (3)   Protect their department station and system from unauthorized use.
      (4)   Assume responsibility for any charges associated with billable services unless appropriate authorization has been obtained.
   (d)   Users shall not:
      (1)   Use the computer systems and networks for unauthorized, illegal, unlawful or immoral purposes. Examples of this would be the transmission of violent, threatening, defrauding, obscene, harassing or otherwise illegal or unlawful materials.
      (2)   Use mail or messaging services to harass, intimidate or otherwise annoy another person. This means never display or transmit sexually explicit images, messages or cartoons, or any communications that contain ethnic slurs, racial epithets or anything that may be construed as harassment or disparagement of others based on their race, national origin, sex, sexual orientation, age, disability or religious or political beliefs. Violation will result in severe disciplinary action up to and including termination.
      (3)   Use the computer systems or networks for private, recreational or nonpublic purposes including the conducting of personal commercial transactions.
      (4)   Use the computer systems or networks to solicit or proselytize others for commercial ventures, religious or political causes, outside organizations or other non-job related solicitations.
      (5)   Use the computer systems or networks or other Village equipment for personal gain such as providing access to a computer system or network or by performing work with Village resources in a manner not authorized by the Village.
      (6)   Use the computer systems or network to other users, services or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer “worms” and viruses, and sustained high volume network traffic, which substantially hinders others in their use of the network.
      (7)   Attempt to circumvent or subvert system or network security measures.
      (8)   Intercept computer traffic for any purpose unless engaged in authorized administrative duties.
      (9)   Make or use illegal or unauthorized copies of copyrighted software or other mediums, store such copies on Village system, or transmit them over the Village computer systems or networks.
      (10)   Attempt to gain access to another employee’s personal file of e-mail messages without the latter’s express written permission. However, the Village reserves the right to enter an employee’s computer or e-mail files whenever there is a business need to do so, as determined by the Village Manager. (Ord. 24-06. Passed 5-22-06.)
147.10 LEGAL HOLIDAYS.
   (a)   All regular full-time employees shall be paid eight (8) hours for each holiday. Legal holidays observed by the Village shall be as follows:
1st of January
New Year’s Day
3rd Monday of January
Martin Luther King’s Birthday
3rd Monday of February
President’s Day
Last Monday in May
Memorial Day
4th of July    
Independence Day
1st Monday in September
Labor Day
11th day of November   
Veteran’s Day
4th Thursday of November
Thanksgiving Day
4th Friday of November
Day after Thanksgiving
25th day of December   
Christmas Day
26th day of December   
Day after Christmas
   (b)   In the event that any of the aforementioned days fall on a Saturday, the Friday immediately preceding shall be observed as the holiday. In the event that any of the aforementioned days fall on a Sunday, the Monday immediately following shall be observed as the holiday.
   (c)   To the extent that Section 15 of the Ordinance numbered “Ordinance 26-2019" is inconsistent with this section is repealed.
(Ord. 06-2020. Passed 4-13-20.)
147.11 SICK LEAVE; VACATION LEAVE; PERSONAL LEAVE; BEREAVEMENT LEAVE.
   (a)   Sick Leave.  
      (1)   The sick leave policy of the Village shall be defined, interpreted and followed as set forth herein, for all full time Village employees of any department, division or employment relationship, regardless of whether or not the employee is appointed or promoted to or within the department or division.
      (2)    The sick leave policy of the Village shall only be applicable to leave with pay, and shall not be construed or interpreted by a court of competent jurisdiction to conflict with the Family Medical Leave Act of 1993, Code of, Federal Regulations, Title 29, Part 825 (FMLA).
      (3)   Sick leave and Family Medical Leave shall run concurrently. If the Village Manager or his designee send paperwork to an employee to determine if Family Medical Leave is available, the employee shall, within a reasonable time, return said paperwork to the City Manager or his designee. A reasonable time is defined as seven (7) days from receipt of the request for information from the Manager or his designee. If the request is mailed the date of mailing shall commence the time to run. Failure to return the request for information is cause for discipline.
      (4)   Definitions of sick leave.  
         A.   Sick leave is the period of time during which an employee is excused from the work place by reason of illness or injury.
         B.   Sick leave may be requested by an employee for only the following reasons:
            i)    Illness or injury of the employee or a member of his/her immediate family.
            ii)    Medical, dental, optical examinations of an employee or a member of his/her immediate family, or treatment which prevents the employee from performing assigned duties within the department or division.
            iii)    Pregnancy, childbirth, adoption or guardianship of a minor child, or related medical conditions of the employee or member of his/her immediate family.
      (5)   Sick leave credits earned and use. For the purpose of this policy, the "immediate family member'' shall be defined as (1) spouse, (2) mother, (3) father, (4) child, (5) step-child living within an employee's home, (6) minor ward, (7) brother or (8) sister.
      (6)   Sick leave credits earned and use.  
         A.   Every employee who has completed a month in active pay status shall earn one and one fourth (1 ¼) days of paid sick leave credit. Active pay status is defined as actual hours worked, hours on vacation, hours on holiday leave and hours of paid sick leave. Sick leave may be accrued subject to the limits set forth below.
         B.   The maximum amount of sick leave that can be accrued is unlimited.
         C.   An employee of the Village may elect, at the time of retirement from active service or terminated by death and with five or more years of service with the Village, to be paid in cash the employee's accrued but unused sick leave credit up to 960 hours. Such payment shall be based on the employee's rate of pay at the time of retirement. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the employee at that time. Such payment shall be made only once to any employee.
         D.   Sick leave shall be paid at the same level or basic hourly, daily or bi-weekly rate as if the employee was engaged in active employment status subject to the master wage ordinance.
      (7)   Notice and request for sick leave procedure.  
         A.   Any employee requesting sick leave shall notify the Manager or his designee of this fact in person, via telephone or in writing on a form prepared for this purpose. The notice shall constitute a "Notice of Absence" with pay and shall clearly and accurately inform the Manager or his designee of the nature of the request and the anticipated hour date of return to active employment. The Notice of Absence" shall be requested not less than one (1) hour prior to an employee's scheduled active employment and at least two (2) hours prior to an afternoon or night shift active employment
         B.   The Manager or his designee shall be responsible for maintaining records of sick leave credits earned, sick leave credits used and balance remaining for each employee. The Manager is hereby authorized to prescribe forms to implement the policy. Every employee requesting sick leave shall upon returning to work, if not having previously completed the Notice of Absence, complete and sign the Notice of Absence for any reasons set forth in subsection (4) above.
         C.   All employees shall be required to furnish a satisfactory written physician's statement to the Manager or his designee, to justify the use of sick leave for any absence of more than three (3) consecutive days; and if an employee is using sick leave for any immediate family member, as defined in subsection (5) above a written physician's statement shall be required to maintain eligibility for paid sick leave.
         D.   Any employee who provides false or misleading information as to the eligibility for receiving sick leave, shall be subject to immediate disciplinary action by the Manager, up to and including termination of employment.
      (8)   Use of vacation leave as sick leave.
         A.   If an employee has exhausted all of his/her accrued sick leave credits, the employee may use his/her accrued vacation leave as sick leave.
      (9)   Wellness program. The Village establishes a Wellness Program. Each full-time employee who uses zero (0) sick hours during a calendar year shall be compensated one hundred dollars ($100.00) in January of the following year by a separate check.
   (b)   Family Medical Leave Act of 1993 (FMLA).
      (1)   The Family Medical Leave Act of 1993, Code of Federal Regulations, Title 29, Part 825 sets forth the FMLA. The Manager shall establish policies consistent with the act to ensure all eligible employees receive the benefits of the act. Sick leave and Family Medical leave are concurrent.
      (2)   An employee who has exhausted all paid leave but is still eligible for FMLA shall not accrue or be entitled to any benefits afforded to other employees on paid sick leave under this ordinance except any benefits set forth in the current FMLA policy adopted by the Manager and/or Council, and Health Care coverage as set forth in the Village Policy in Section 147.31 Codified Ordinances.
   (c)   Vacation Leave.  
      (1)   The vacation year shall date from January 1 through December 31 each year. Employees shall take their vacation for the relevant calendar year prior to December 31 each year. Vacations must be requested in writing to the Manager or his designee by January 31 st of the calendar year for which vacation leave is requested.
      (2)   If, for some reason, it is not practicable for an employee to take all vacation leave to which he/she is entitled by the end of the calendar year, the employee shall notify the Manager in writing and request that the employee receive his remaining unused vacation pay in a separate check paid in the last pay period of January of the following year. The Manager's decision is final.
      (3)   Unused vacation shall not be carried over into the following calendar year.
      (4)   Any employee of the Village who resigns, or retires is entitled to be paid for all unused personal days or unused vacation days. This amount shall be paid in a separate check in the next payroll period.
      (5)   Each full time employee of the Village of Sebring who has at least one full year of service with the Village shall receive vacation leave as set forth in the master pay ordinance.
   (d)   Personal Leave. Each full time employee after sixty continuous days of service shall be entitled to three (3) personal days per year. Requests to use a personal day or any part thereof must be submitted to the Manager, in writing, three (3) days prior to requested personal day.
   (e)   Bereavement Leave. Each full time employee of the Village shall be eligible for up to three (3) calendar days additional paid personal leave in the event of the death of an immediate family member. Immediate family is defined as: mother, father, sister, brother, spouse, employee's children, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents, or grandchildren.
(Ord. 56-2020. Passed 11-23-20.)
Loading...