Fort Walton Beach Council agenda — 08-27-13--special--rules and procedures — reading text

by the officer or at his or her discretion." v Attachment: Sunshine Law Presentation ( 2682: Presentation on Florida Sunshine Law) Penalties for Violations Alleged violations of the Code of Ethics are investigated by the Florida Commission on Ethics, which has no punitive powers other than the publicizing of its findings. The commission may recommend punitive actions to the AG, who shall bring civil action to recover any civil penalty or restitution penalty recommended by the commission, orto the governor. The governor may suspend a city officer, and the Senate may remove from office or reinstate a suspended official. ( See " Suspension and Removal of Public Officials" in this manual.) A municipal officer or employee shall forfeit all retirement benefits if convicted of a specified offense committed prior to retirement or if office or employment is terminated because of a specified offense The complainant will be liable for costs plus reasonable attorney's fees for actions filed frivolously or in bad faith. If the commission should find that a complaint was filed " with a malicious intent to injure the reputation of such officer or employee by filing... with knowledge that the complaint contains... false allegations ......the complainant shall be liable for costs plus reasonable attorney's fees. A person filing such a complaint may also be punished for perjury orfor improper public disclosure of a complaint. Attachment Sunshine Law Presentation ( 2082: Presentation on Florida Sunshine Law) For more information: Florida Commission on Human Relations, Government in Sunshine- Public Meetings and Public Records ( 2007) ham: / /fchr store fl us /resources /commss "ones s pulde book /comm' ss' oner resoonnb ( ties pccountabdRv and ethical mnsiderat ons /government in sunshine oubl c meet ngs pnd n ublic records Jonathon Mattise, TCPalm, Gov. Scott signs Negron' s right -to -speak measure that takes effect in October (June 28, 2013) htt2 jlwww tcpaim com /news /2013 /iun /28 /env scott si¢ s nee ons to to speak measure Office of the Attorney General of Florida, Open Government - Frequently Asked Questions 2011) http: / /mvfloridaleeal com /pa es nsf /Ma- n/ 321R 47083080C4C085257910006A54E3 Early Learning Association, Overview of Sunshine Law ( 2008) htto // www. earlvlearnin ¢associat' ortor assets! documents /Overview %20of %20the %205uns hine %20Law. adf Florida League of Cities, Florida Municipal Officials' Manual (2008) http, / /www floridaleaeueof ites com /Assets /Files / Publicatio s/ M icipal Officials Manual Jecif Attachment Sunshine Law Presentation ( 2482: Presentation on Florida Sunshine Law( QUESTIONS? Attachment: Sunshine Law Preservation ( 2482 : Presentation on Hands Sunshine Law)  Section 1. At the Chief's discretion, Bargaining members may be granted light duty status in cases of temporary injury. Section 2. Bargaining Unit members assigned to 40 -how /week light duty shall have accruals changed accordingly. ARTICLE 37 LIGHT DUTY Section 1 - Bargaining unit members shall be granted light duty status, provided tkat the employee provides the Fire Chief with a doctor' s certificate with reason for light duty status, including physical restrictions in cases of temporary injury or illness sustained on Of- ef€duty. Bargaining unit members may also be assigned to light duty status resulting from off-duty i ries or illnesses at the discretion of the Fire Chief. In the event an injury or illness is sustained off -duty the bargaining unit member may receive no more than a cumulative of 120 shifts ( 24hr) or 60 shifts ( 48hr) on light duty status Per ineident during any rolling 5 -year period except when there is an approval of extension by the Fire Chief. Periodic updates of doctor' s certificate may be by requested by the Fire Chief to continually determine the severity or extent of the member's injury or illness. AIR time limit shall be 1 la le feF hAFI Wit 11 Bargaining unit members sustaining an injury or illness on duty shall remain on light duty until they are able to return to full duty status or X- - a Physician, assigned by the City' s worker' s compensation insurance carrier certifies the bargaining unit member will never be g%ts°b - •- capable of returning to full duty status in their normally assigned position Section 2 - Bargaining unit members granted light duty status shah may be afforded the opportunity to be assigned to their regularly assigned shift on the 48/ 96 hour work schedule or to a 40 hour work schedule; whielieveic w 11 1 mg4t depending on the operational and administrative needs of the department and at the discretion of the Fire Chief. Section 3 - Bargaining unit members granted light duty status on a 40 hour work schedule shall have accrual rates changed accordingly to reflect 40 hour employees accruals and pay rate adjusted to be comparable to the employees normal rate of pay with normally scheduled overtime to include premium pay in order to receive full salary. Example: Normally scheduled employee works three -hundred thirty six ( 336) hours with twenty -eight 28) hours of premium pay over a six week period. Unit members granted a 40 hour work schedule shall reflect this schedule averaged out over six (6) weeks to receive pay checks of consistent amounts. Section 4- In the event a bargaining unit member sustains an injury or illness so extensive that member is ineligible for the opportunity for light duty and the employee was injured on the job, and the employee is eligible for workers' compensation as a consequence of the injury or illness, member may use their sick leave, or vacation leave in order to receive full salary. When a shift employee is using accrued leave, member shall have eight (8) hours charged of sick leave, or annual leave for each tour of duty missed. Forty (40) hour employees using accrued leave shall have 2. 67 hours charged against sick leave, or vacation leave for each day of work missed. Section 5 — During any period referred to in section 4, employees must use accrued sick leave until it is exhausted. Once accrued sick leave is exhausted, employees my use accrued vacation leave until it is exhausted.  Section 1. At the Chief's discretion, Bargaining members may be granted light duty status in cases of temporary injury. Section 2. Bargaining Unit members assigned to 40- hour /week light duty shall have accruals changed accordingly. ARTICLE 37 LIGHT DUTY Section 1 - Bargaining unit members shall be granted light duty status, provided that the employee provides the Fire Chief with a doctor' s certificate with reason for light duty status, including Physical restrictions, in cases of temporary injury or illness sustained on eF-04 uty. Bargaining unit members may also be assigned to light duty status resulting from off -duty injuries or illnesses at the discretion of the Fire Chief. In the event an injury or illness is sustained off -duty the bargaining unit member may receive no more than a cumulative of 120 shifts ( 24hr) or 60 shifts ( 48hr) on light duty status per 0neident during any rolling 5 -year period except when there is an approval of extension by the Fire Chief. Periodic updates of doctor' s certificate may be - a On - Ease by ease bag!; IA he deiifffflined by requested by the Fire Chief to continually determine the severity or extent of the member' s injury or illness. Pie time limit shall be MaAP feF bRFgaiA Rg Unit MefflhPF WSWIA Rg MjIJF' OF illness an al Bargaining unit members sustaining an injury or illness on duty, shall remain on light duty until they are able to return to full duty status or e*eep6: n- t;.e- c ;caF a Physician, assigned by the City' s worker' s compensation insurance carrier certifies the bargaining unit member will never be eligible to Teter„ capable of returning to full duty status in their normally assigned position Section 2 - Bargaining unit members granted light duty status shalt may be afforded the opportunity to be assigned to their regularly assigned shift on the 48/ 96 hour work schedule or to a 40 hour work schedule; wh PhPYPF will be Mest PonveRient f9F the emplayea depending on the operational and administrative needs of the department and at the discretion of the Fire Chief. Section 3 - Bargaining unit members granted light duty status on a 40 hour work schedule shall have accrual rates changed accordingly to reflect 40 hour employees accruals and pay rate adjusted to be comparable to the employees normal rate of pay with normally scheduled overtime to include premium pay in order to receive full salary. Example: Normally scheduled employee works three -hundred thirty six ( 336) hours with twenty -eight 28) hours of premium pay over a six week period. Unit members granted a 40 hour work schedule shall reflect this schedule averaged out over six ( 6) weeks to receive pay checks of consistent amounts. Section 4 - In the event a bargaining unit member sustains an injury or illness so extensive that member is ineligible for the opportunity for light duty and the employee was injured on the job, and the employee is eligible for workers' compensation as a consequence of the injury or illness, member may use their sick leave, or vacation leave in order to receive full salary. When a shift employee is using accrued leave, member shall have eight (8) hours charged of sick leave, or annual leave for each tour of duty missed. Forty ( 40) hour employees using accrued leave shall have 2. 67 hours charged against sick leave, or vacation leave for each day of work missed. Section 5 — During any period referred to in section 4, employees must use accrued sick leave until it is exhausted. once accrued sick leave is exhausted, employees my use accrued vacation leave until it is exhausted.  Section 1. At the Chief's discretion, Bargaining members may be granted light duty status in cases of temporary injury. Section 2. Bargaining Unit members assigned to 40- hour /week light duty shall have accruals changed accordingly. ARTICLE 37 LIGHT DUTY Section 1 - Bargaining unit members shall be granted light duty status, provided Fkat the employee provides the Fire Chief with a doctor' s certificate with reason for light duty status, including physical restrictions, in cases of temporary injury or illness sustained on er-eff duty. Bargaining unit members may also be assigned to light duty status resulting from off -duty injuries or illnesses at the discretion of the Fire Chief. In the event an injury or illness is sustained off -duty the bargaining unit member may receive no more than a cumulative of 120 shifts ( 24hr) or 60 shifts ( 48hr) on light duty status ¢ er inodent during any rolling 5 -year period, except when there is an approval of extension by the Fire Chief. Periodic updates of doctor' s certificate may be FegWIFed OR a ease by gag baSPS Is hp aPtPFM Red by requested by the Fire Chief to continually determine the severity or extent of the member' s injury or illness. Pie t me limit shall he made f8F baegaining unit me nbeFS sustaIR Rg iRJ IFY OF illinesS OR d AV', Bargaining unit members sustaining an injury or illness on duty, shall remain on light duty until they are able to return to full duty status or e*eept:. 4he- e.e" t a Physician,