North Fort Myers Fire Control District                       

Employee Manual

Chapter One

District

Introduction

 

This manual has been adopted by the District Board of Commissioners to inform District employees of general District policies and procedures.  The District Board reserves

 the right to modify, revoke, suspend, terminate or change any or all such policies at any time.  This manual is not intended to create nor is it to be construed as a contract of

employment.  The employment relationship between the District and its employees is considered an "at-will" relationship and may be terminated by either party at any time

unless the employee has a written employment contract with the District or is covered by a Collective Bargaining Agreement.  These rules and regulations will apply to all

District employees unless specifically abridged by a union contract.  Please refer any questions or suggestions regarding the contents of this manual to the Fire Chief or his

designee.

 

When policies are added, updated, or revised, it is important that each employee is made aware of the changes or additions. Any change or additional policies will first be revised in the master copy of the employee manual. Each employee will then be informed of the policy number, date, and page number in the employee manual in which the change or addition occurs. After the employee reads the policy, he/she will be asked to sign a document indicating that the information was read and understood.  It is imperative that prior to signing the document, the policy is clearly understood by the employee. If the information is unclear, the employee will contact their supervisor for an explanation.

 

The collective bargaining agreements between the District and Southwest Florida Professional Firefighters Local 1826 are incorporated herein by reference.  In the event of a conflict between these

policies and procedures and either of the aforementioned collective bargaining agreements, the collective bargaining agreements shall prevail for employees represented by Local 1826

 

I HEREBY ACKNOWLEDGE RECEIPT OF THE NORTH FORT MYERS FIRE DISTRICT’S EMPLOYEE MANUAL. I WILL AGREE BY SIGNING AND DATING THIS DOCUMENT WHICH WILL BE PLACED IN MY

PERSONAL FILE. I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO READ AND FAMILIARIZE MYSELF WITH THE POLICIES AND PROCEDURES CONTAINED IN THIS MANUAL. I FURTHER UNDERSTAND

THAT ANY AND ALL POLICIES OR PRACTICES OF THE DISTRICT MAY BE CHANGED AT ANY TIME. 

 

 

By:________________________

Employee

 

 

Date:__________

 

 

 

 

 

Chapter One

District

Mission Statement

Through professionalism, dedication, integrity and training, the mission of the North Fort Myers Fire Control District is to protect and serve the people who reside or visit the community of North Fort

Myers. It is our mission to save lives, preserve property and the environment, and ensure the health and safety of ourselves and the community through emergency response, education, code enforcement and

prevention programs.

Chapter One

District

Policy 1.1

District and Commission power

and Organization

 

Policy 1.1 (1)   Fire Control District Commission-Officers and Organization

 

The District shall be governed by a Board of Commissioners ("Board") pursuant to the provisions of Chapter 191, Florida Statutes, the Independent Special Fire Control District Act; Chapter 97-340,

Laws of Florida (1997), the Lee County Independent Special Fire Control District Act; and Chapter 98-464, Laws of Florida (1998). The Board shall be composed of five members who are elected by

 the electors within the District.  Each commissioner shall serve a term of four (4) years until his or her successor assumes office.  The Board shall elect from its members a chair, vice chair, secretary and

 treasurer (the positions of secretary and treasurer may be held by one member).  Pursuant to Section 191.005(5), F.S., when a vacancy occurs on the Board, the remaining members may appoint a qualified

person to fill the seat until the next general election, at which time an election shall be held to fill the vacancy for the remaining term, if any.

 

The Board has adopted the following procedures for appointment of a Commissioner:

 

1.      The seat shall be declared vacant and open.

 

2.      The Board shall authorize advertisement of Notice of vacancy in a local newspaper of general circulation, giving 14 days notice for applicants to submit information

 

3.      All applications shall be reviewed by the Fire Chief for sufficiency.

 

4.      If there are less than three (3) applicants, the Board may re-advertise the vacancy.

 

5.      The Board of Fire Commissioners may offer an interview to each applicant.

 

 

 

6.      The Board of Fire Commissioners may select an applicant, request additional information or reject all applicants. Should the Board request additional information, an additional meeting of

 the Commission shall be scheduled. Should the Board reject all applicants, the Board will re-advertise, or take such other action as the Board deem appropriate.  The decision of the Board shall

be final.

 

If a person decides to appeal any decision made by the Board with respect to any matter considered at such meetings, he or she will need a record of the proceedings, and that, for such purpose,

he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony of evidence upon which the appeal is to be based.

 

The Fire Chief shall serve at the pleasure of the Board as the Chief Administrative Officer of the District. The Fire Chief may be served by other officers or employees as deemed necessary and

specified by the board. The Chief shall have the authority to delegate responsibilities to these officers as needed.

 

Policy 1.1 (2) District and Board General Powers

The district shall have, and the board may exercise by majority vote, the following powers:

  1. To sue and be sued in the name of the district, to adopt and use a seal and authorize the use of a facsimile thereof, and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

 

  1. To provide for a pension or retirement plan for its employees. In accordance with S. 215.425.

 

  1. To contract for the services of consultants to perform planning, engineering, legal, or other professional services.

 

  1. To borrow money and accept gifts, to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any district purposes and enter into agreements required in connection therewith, and to hold, use, sell, and dispose of such moneys or property for any district purpose in accordance with the terms of the gift, grant, loan, or agreement relating thereto.

 

  1. To adopt resolutions and procedures prescribing the powers, duties, and functions of the officers of the district; the conduct of the business of the district; the maintenance of records; and the form of other documents and records of the district. The board may also adopt ordinances and resolutions that are necessary to conduct district business, if such ordinances do not conflict with any ordinances of a local general purpose government within whose jurisdiction the district is

 

located. Any resolution or ordinance adopted by the board and approved by referendum vote of district electors may only be repealed by referendum vote of district electors.

 

  1. To maintain an office at places it designates within a county or municipality in which the district is located and appoint an agent of record.

 

  1. To acquire, by purchase, lease, gift, dedication, devise, or otherwise, real and personal property or any estate therein for any purpose authorized by this act and to trade, sell, or otherwise dispose of surplus real or personal property. The board may purchase equipment by an installment sales contract if funds are available to pay the current year's installments on the equipment and to pay the amounts due that year on all other installments and indebtedness.

 

  1. To hold, control, and acquire by donation or purchase any public easement, dedication to public use, platted reservation for public purposes, or reservation for those purposes authorized by this act and to use such easement, dedication, or reservation for any purpose authorized by this act consistent with applicable adopted local government comprehensive plans and land development regulations.

 

  1. To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any facility or property of any nature for the use of the district when necessary to carry out the district's duties and authority under this act.

 

  1. To borrow money and issue bonds, revenue anticipation notes, or certificates payable from and secured by a pledge of funds, revenues, taxes and assessments, warrants, notes, or other evidence of indebtedness, and mortgage real and personal property when necessary to carry out the district's duties and authority under this act.

 

  1. To charge user and impact fees authorized by resolution of the board, in amounts necessary to conduct district activities and services, and to enforce their receipt and collection in the manner prescribed by resolution and authorized by law. However, the imposition of impact fees may only be authorized as provided by S. 191.009(4).

 

  1. To exercise the right and power of eminent domain, pursuant to chapter 73 or chapter 74, over any property within the district, except municipal, county, state, special district, or federal property used for a public purpose, for the uses and purposes of the district relating solely to the establishment and maintenance of fire stations and fire substations, specifically including the power to take easements that serve such facilities consistent with applicable adopted local government comprehensive plans and land development regulations.

 

  1. To cooperate or contract with other persons or entities, including other governmental agencies, as necessary, convenient, incidental, or proper in connection with providing effective mutual aid and furthering any power, duty, or purpose authorized by this act.

 

  1. To assess and impose upon real property in the district ad valorem taxes and non-advalorem assessments as authorized by this act.

 

  1. To impose and foreclose non-ad valorem assessment liens as provided by this act or to impose, collect, and enforce non-ad valorem assessments pursuant to chapter 197.

 

  1. To select as a depository for its funds any qualified public depository as defined in s. 280.02 which meets all the requirements of chapter 280 and has been designated by the Chief Financial Officer as a qualified public depository, upon such terms and conditions as to the payment of interest upon the funds deposited as the board deems just and reasonable.

 

  1. To provide adequate insurance on all real and personal property, equipment, employees, volunteer firefighters, and other personnel.

 

  1. To organize, participate in, and contribute monetarily to organizations or associations relating to the delivery of or improvement of fire control, prevention, emergency rescue services, or district administration.

 

  1. To provide housing or housing assistance for its employed personnel whose total annual household income does not exceed 140 percent of the area median income, adjusted for family size.

 

Policy 1.1 (3)     District and Board Special powers

Independent special fire control districts shall provide for fire suppression and prevention by establishing and maintaining fire stations and fire substations and acquiring and maintaining such firefighting and fire protection equipment deemed necessary to prevent or fight fires. All construction shall be in compliance with applicable state, regional, and local regulations, including adopted comprehensive plans and land development regulations. The board shall have and may exercise any or all of the following special powers relating to facilities and duties authorized by this act:

  1. Establish and maintain emergency medical and rescue response services and acquire and maintain rescue, medical, and other emergency equipment, pursuant to the provisions of chapter 401 and any  certificate of public convenience and necessity or its equivalent issued thereunder.

 

  1. Employ, train, and equip such personnel, and train, coordinate, and equip such volunteer firefighters, as are necessary to accomplish the duties of the district. The board may employ and fix the compensation of a fire chief or chief administrator. The board shall prescribe the duties of such person, which shall include supervision and management of the operations of the District and its employees and maintenance and operation of its facilities and equipment. The fire chief or chief administrator may employ or terminate the employment of such other persons, including, without limitation, professional, supervisory, administrative, maintenance, and clerical employees. The compensation and other conditions of employment of the officers and employees of the district shall be provided by the board. 

 

  1. Conduct public education to promote awareness of methods to prevent fires and reduce the loss of life and property from fires or other public safety concerns.

 

  1. Adopt and enforce fire safety standards and codes and enforce the rules of the State Fire Marshal consistent with the exercise of the duties authorized by chapter 553 or chapter 633, with respect to fire suppression, prevention, and fire safety code enforcement.

 

  1. Conduct arson investigations and cause-and-origin investigations.

 

  1. Adopt hazardous material safety plans and emergency response plans in coordination with the county emergency management agency as provided in chapter 252.

 

  1. Contract with general purpose local government for emergency management planning and services.

 

Policy 1.1 (4)   Absenteeism Policy for Fire Commissioners

In accordance with the Chapter 191, the Board shall remove any member who has three consecutive, unexcused absences from regularly scheduled meetings:

An excused absence is an absence in which the commissioner has justified his or her missing a regularly scheduled meeting and has informed the District prior to the meeting of his or her absence.

An unexcused absence is an absence in which the Commissioner is unable to justify his or her absence the Board. If a Commissioner has been accused of an unexcused absence and feels that he or

she has been wrongly accused, he or she may present his case to the Board and follow the Board to vote on the issue.

 

The District will maintain an attendance book for commissioners commencing the first meeting following the adoption of this policy.

Adopted by the Board, November 17, 1997

Chapter One

District

Policy 1.2

General Information Meetings, Hearings,

and Workshops

 

Policy 1.2 (1)   Notice of Public Meeting

 

A.     Regularly Scheduled Meetings

 

The District Board shall file annually a schedule of its regular meetings with the Clerk of the Lee County Commission pursuant to Section 189.417, F.S.  The meeting schedule may also be obtained

by contacting:

 

The North Fort Myers Fire Control District

42 Willis Rd.

North Fort Myers, FL 33917

Telephone Number:      239-997-8654

(or in person from the North Fort Myers Fire Control District, Station 1, at the address provided above)

 

B.     Special Meetings

 

The District Board may hold meetings other than regular meetings with at least 7 days notice prior to such meeting in a newspaper of general circulation in the county pursuant to Section 189.417, F.S.  The Chairperson upon request of any Board member or the Chief shall call such meetings.  The agency shall utilize the following form in providing notice of the public meeting, hearing, or workshop.

 

Notice of Public Meeting, Hearing, or Workshop

The North Fort Myers Fire Control District announces a public meeting, hearing, or workshop to which all persons are invited.

 

DATE AND TIME:

PLACE:

PURPOSE:

 

A copy of the agenda may be viewed at 42 Willis Rd., North Fort Myers or by calling the administrative office at 239-997-8654.  Pursuant to the provisions of the Americans with Disabilities Act,

any person requiring special accommodations to participate in this

workshop/hearing/meeting is asked to advise the agency at least 48 hours before the workshop/hearing/meeting by contacting the Administrative Services Coordinator at 239-997-8654. If a person

decides to appeal any decision made by the Board with respect to any matter considered at such meetings, he or she will need a record of the proceedings, and that, for such

purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony of evidence upon which the appeal is to be based.

 

C.     Emergency Meetings

 

Pursuant to Section 189.417(1), F.S., the Chairperson of the Board upon request of any Board member or the Chief with reasonable notice to deal only with a specified emergency shall call emergency

meetings.  Provided, however, Board action taken at an emergency meeting shall be subsequently ratified by the Board.

 

D.     Attorney/Client Session

 

Pursuant to Section 286.011(8), F.S., the Board and the Fire Chief or his designee may meet in private with the Board's attorneys to discuss pending litigation to which the District is a party, providing

the following conditions are met:

 

1.      The District attorney shall advise the Board at a public meeting that he or she desire advice concerning the litigation.

 

2.      The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures.

 

3.      The entire session shall be recorded by a certified court reporter.  The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the

      names of all persons present at any time, and the names of all persons speaking.  No portion of the session shall be off the record.  The court reporter's notes shall be fully transcribed and

      filed with the District clerk within a reasonable time after the meeting.

 

4.      The District shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session.  The session shall commence

      at an open meeting at which the person chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending.  At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session.

 

5.      The transcript shall be made part of the public record upon conclusion of the litigation.

 

E.         Public Meetings and Workshops

 

A public meeting, for purposes of notice herein, is limited to a gathering for the purpose of conducting public business of the District. A workshop is a conference where a majority of the members of the

Board are present or committees designated by the chairman are meeting for specific purposes at which time no official votes are to be taken, policy adopted, or Board action taken.

 

F.         Recessed and Reconvened Meetings

 

Any meeting of the District recessed and reconvened shall not require additional notice.

 

 

Policy 1.2 (2)   Agenda of Meetings, Hearings and Workshops

 

The Chairperson, in consultation with the Chief or his designee, shall prepare and make available an agenda for a regularly scheduled or advertised public meeting or workshop in time to ensure

that a copy is available at least three (3) days before the meeting or workshop to any person who requests one and pays the reasonable cost of the copy.

 

The agenda shall list with specificity the items in the order they are to be considered.  After the agenda has been made available, the agenda may be changed only for good cause, as determined by

the Chairperson and stated in the record.

 

The District shall utilize the following form, or substantially similar form in preparing its agenda:

 

NAME OF DISTRICT

TIME, DATE & PLACE OF MEETING

 

THIS MEETING IS OPEN TO THE PUBLIC

 

1)      Call to Order

2)      Pledge of Allegiance

3)      Review and Approval of Minutes

4)      Approval and acknowledge of financial information and minutes, invoices, trial balances, wire transfers, transfers…

5)      Old Business:  Include specific listing of all matters that have carried over from previous Board meetings with brief summary of each

6)      New Business:  Include specific listing of all matters with brief summary of each, including consent agenda.

7)      Other Business:  Include specific listing of all matters with brief summary of each; this section may be used for items which do not affect the interests of the public general.

8)      Public Input (only items on the agenda)

9)      Commissioner Business

 

 

 

Policy 1.2 (3)   Public Access to Board Meetings; Chapter 286 - Government in the Sunshine Compliance

 

Persons may access the agenda for Board meetings or the District’s minutes through the District’s administrative office.  Members of the public will be permitted to provide testimony on 

individual agenda items if they are directly affected by such items.  Otherwise, members of the public will be permitted to provide comment on any issue related to District operations at the

end of any Board meeting.  Public testimony will be limited to three (3) minutes per person, unless the Board adopts a motion to extend the time.

 

In accordance with Section 286.011, F.S., Board meetings are public and may be attended by any person.  Provided, however, the Board and Chief Administrative Officer of the District or his

designee may meet in private, pursuant to Section 286.011(8), F.S., with the District's attorneys to discuss pending litigation to which the District is a party.  As outlined in Chapter 447 F.S., meetings

with the Board are exempt from the Sunshine Law as related to Union negotiations.

 

 

Policy 1.2 (4)   Procedure for Running Meetings

 

Unless stated otherwise herein, all meetings, hearings or workshops of the Board shall be governed by the procedures set forth in the most current edition of Robert's Rules of Order for making motions,

debate, voting and any other procedures which may provide guidance to the Board in running its meetings.

 

 

Policy 1.2 (5)   Record Keeping

 

Consistent with Sections 191.005(7), 286.011, F.S. and Chapters 97-340, Laws of Florida, the Lee County Independent Special Fire Control District Act, and 98-464, Laws of Florida, and the

North Fort Myers Fire Control District Special Act Charter, the Board shall keep a permanent record book entitled "Record of Proceedings" of the North Fort Myers Fire Control District, in which

the minutes of all meetings, resolutions, proceedings, certificates, bonds given by commissioners, and corporate acts shall be recorded.

 

A.                 Public Records

 

All public records in the custody of the District not otherwise exempt, including the record book, shall be open to inspection in the same manner as state, county, and municipal records are available

pursuant to Chapter 119, F.S., and Section, 24, Article 1 of the State Constitution at the Board's regular place of business.  Such inspection shall be during hours when District offices are open to the

public, under reasonable conditions, and may be supervised by the District's custodian of records.  Public records shall be kept at the office or other regular place of business maintained by

 

 

 the Board and shall be available for duplication upon prepayment of the fees established by Chapter 119, F.S. or any other general or special law applicable to the District.

 

B.                 Inspection and Copying

 

In accordance with Section 119.07(1)(b), F.S., if the volume of records to be inspected requires extensive use of information technology or staff resources, the District may charge a service

charge in addition to the actual cost of duplication for the District's costs in providing information technology or staff resources. The law allows a reasonable time for the records custodian to retrieve

the requested public records and delete those portions that are exempt from public disclosure.  The law does not require the normal course of business to be halted or interrupted to immediately produce

public records.  All requests will be handled as quickly as possible but may require one or more days to prepare, depending on the types of records requested and their volume.  Such a delay is considered reasonable in cases when exempt portions of public records must be redacted before the records may be reviewed.  The District's designee shall be responsible for becoming familiar with this policy, for

responding to public records requests, and for copying the documents requested.  Members of the public shall not be permitted to remove documents from a file or make copies for themselves.

 

C.                 Fee for the Duplication of Public Records

 

To eliminate an excessive or non-excessive fee for the duplication of public records, and in accordance with FS Chapter 119, the custodian shall furnish up to and including five duplicates of a public

record with no fee.  Beyond five duplications, there will be a fee for the actual coast of duplicating the public record.  The phrase “Actual Cost of Duplication” means the cost of the

material and supplies used to duplicate the records, but it does not include the labor cost or overhead cost associated with such duplication.

 

If the volume of public records requested requires extensive time to research and duplicate, a special service charge, which shall be reasonable, and shall be based on the cost incurred for

extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency.

 

The duplication cost and special service charge will be determined by the custodian or custodian designee.

 

This supersedes all previous policies.

 

D.                 Public Records Exemptions

 

In addition to any other exemptions provided by general or special law, the following records are exempt from public record disclosure pursuant to Section 119.07, Florida Statute:

 

 

 

§         seq level0 \h \r0 seq level1 \h \r0 seq level2 \h \r0 seq level3 \h \r0 seq level4 \h \r0 seq level5 \h \r0 seq level6 \h \r0 seq level7 \h \r0 The home addresses and telephone numbers of

     firefighters certified in accordance with Section 633.35, F.S., as well as the names, home addresses, telephone numbers, and places of employment of spouses and children of such firefighters

     and the names and locations of schools and day care facilities attended by the children of such firefighters.  Section 119.07 (2), Florida Statute

 

§         Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations specify that request for Protected Health Information (PHI) for private individuals or reports require an

      authorization form from each employee specifying the information to be released.

 

§         A public record which was prepared by a District attorney or prepared at the attorney's express direction, which reflects a mental impression, conclusion, litigation strategy, or legal theory of the

      attorney or the agency, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings until the conclusion of such litigation or adversarial administrative proceedings.

 

§         Sealed bids or proposals received by the District pursuant to invitations to bid or requests for proposals until the District provides notice of a decision or intended decision or within 10 days

      after bid or proposal opening, whichever is earlier.

 

§         All complaints and other records which relate to a complaint of discrimination until the investigation becomes inactive or is made part of the official record of any hearing or court proceeding.

 

§         All records relating to an allegation of employment discrimination when the alleged victim chooses not to file a complaint and requests that such records remain confidential.

 

§         Any financial statement which an agency requires a prospective bidder to submit in order to pre-qualify for bidding or for responding to a proposal for a road or any other public works project.

 

§         The social security numbers of all current and former fire District employees, which numbers are, contained in District employment records. 119.0721 Florida Statute.

 

§         The audit report, audit work papers and notes related to such audit report of an internal auditor remain confidential until the report is presented to the District.

 

§         Bank account numbers or debit, charge, or credit card numbers given to the District for the purpose of payment of any fee or debt owing.

 

Sections 112.0455(11) and 440.102(8), F.S. provide that all information, interviews, reports, statements, memoranda and drug test results received or produced as a result of a drug-testing program

are confidential and exempt from disclosure as public records.  Section 112.3188(2)(b),

 

 

F.S. exempts disclosure of all documents generated by investigations of a local government into allegations made by a whistleblower.  Section 401.30(3), F.S. exempts records of emergency calls

which contain patient examination or treatment information from the Public Records Act without consent from the person to whom they pertain.  However, limited disclosure may be made without

consent (1) to the person's guardian, to the next of kin if the person is deceased, or to a parent if the person is a minor, (2) to hospital personnel for use in conjunction with the treatment of the

patient, (3) to the Department of Health, (4) to the service medical director, (5) for use in a critical incident stress debriefing (but such discussions shall be considered privileged communications),

(6) in any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records,

to the patient or his or her legal representative, or (7) to a local trauma agency or a regional trauma agency, or a panel or committee assembled by such an agency to assist the agency in performing

quality assurance activities in accordance with an approved trauma services system plan (but such records are not subject to the Public Records Act, Chapter 119, F.S.)

 

Chapter One

District

Policy 1.3

Public Officials Ethics Compliance

 

Policy 1.3 (1)   Statement of Policy

 

A.                 General

 

The purpose and intent of this policy is to declare the standards of ethical conduct which the public expects and requires of its public officials and employees.  Clear, effective communication of these standards is crucial to the success of achieving such standards.  The

 

District recognizes the right to protect the public trust against abuse.  It is essential that the Board members (public officials) and its employees maintain the trust of the public.  The District also

 recognizes the need for adherence to the Code of Ethics for Public Officers and Employees set forth in Part III, Chapter 112, F.S. prohibiting conflict between public duty and private interests. 

The purpose of the Code is to ensure that public officials and employees conduct themselves independently and impartially, not using their offices or positions for unauthorized private (personal) gain.

 

It is not the intent of this policy to prevent any District public official or employee from accepting other employment or following any pursuit, provided provisions of this policy are satisfied.

 

It is the intent of this policy to prevent District public officials and employees or independent contractors from taking retaliatory action against any employee who reports violations of this policy

on the part of the District, its public officials, its employees, or independent contractors that create a substantial and specific danger to the public's health, safety or welfare.

 

B.         Statement of Specific Policy

 

1.      seq level0 \h \r0 seq level1 \h \r0 seq level2 \h \r0 seq level3 \h \r0 seq level4 \h \r0 seq level5 \h \r0 seq level6 \h \r0 seq level7 \h \r0 Gifts:  No District public official or employee shall

     solicit or accept anything of value - including a gift, loan, reward, promise of future employment, favor, or service - that is based on any understanding that the vote, official action, or judgment

     of the public official or employee would be influenced by such gift.  Section 112.313(2), F.S.

 

2.      Unauthorized Compensation:  No District public official or employee or his/her spouse or minor child shall accept any compensation, payment, or thing of value which, with the exercise

      of reasonable care, is known or should be known to influence the official action of such public official or employee.  Section 112.313(4), F.S.

 

3.      Conflicting Employment or Contractual Relationship:  No District public official or employee shall hold any employment or contractual relationship with any business entity/person which

     is subject to the regulation of, or doing business with the District.  Nor shall an employee hold any employment or contractual relationship which will pose a recurring conflict between

     his/her private interests and his/her public duties or which would impede the full and faithful discharge of his/her public duties.  Section 112.313(7)(a), F.S.  In accordance with

     Section 112.313(12), F.S., this prohibition shall not apply in certain circumstances.

 

4.      Misuse of Public Position: No District public official or employee shall corruptly use or attempt to use his/her official position or any property or resources within his/her trust, or perform

      his/her official duties, to obtain a special privilege, benefit or exemption for himself/herself or others.  Section 112.313(6), F.S.

 

5.      Disclosure or Use of Certain Information:  No District public official or employee shall disclose or use information not available to the general public and gained by reason of

 his/her public position for his/her personal gain or benefit or the gain or benefit of any other person or business entity.  Section 112.313(8), F.S.

 

6.      Voting Conflicts:  No appointed public officer shall participate in any matter which inures to his/her special private gain, the special gain of any principal by whom he/she is retained, any

      business associate or relative without first disclosing the within 15 days with the Administrative Services Coordinator, who is responsible for recording the minutes of the meeting and shall

      be incorporated in the minutes.  A copy of such memorandum, which shall become a public record upon filing, shall immediately be provided to other members of the District and shall be

      read publicly at the meeting prior to the consideration of the matter.  For purposes of this paragraph, the term "participate" means any attempt to influence the decision by oral or written

      communication whether made by the officer or at his/her discretion.  Section 112.3143, F.S.

 

 

7.      Disclosure of Financial Interests:  Each District Board member (public official), the Fire Chief, and any purchasing agent with authority to make purchases exceeding $1,000 shall file a

     Statement of Financial Interests no later than July 1 of each year as required by Section

 

8.      112.3145, F.S .nature of his/her interest in the matter.  "Relative" for the purposes of this subsection only shall mean father, mother, son, daughter, husband, wife, father-in-law,

      mother-in-law, son-in-law, or daughter-in-law.  Such disclosure, indicating the nature of the conflict, shall be made in a written memorandum filed with the Administrative Services

     Coordinator, who is responsible for recording the minutes of the meeting and shall be incorporated in the minutes; if the disclosure is initially made orally at a meeting attended by the

     officer, the written memorandum disclosing the nature of the conflict shall be filed

 

 

Policy 1.3 (2)   Control of Policy

 

A violation of any provisions of this policy is punishable in accordance with Section 112.317, F.S.  In addition, any employee violating any of the provisions of this policy is subject to discipline up to

and including dismissal in accordance with the District's disciplinary policy.

 

Ethics questions relating to District employment or official duties should be directed to the Fire Chief or his designee.  The District may refer any formal allegations of violations of the State's Code

of Ethics to the State Commission on Ethics.

 

Chapter One

District

Policy 1.4

Procurement of Goods, Services, and Contracts

 

A.        Purchasing Categories

 

The following purchasing categories are hereby established for purchases of goods, services (other than those governed by Section 287.055, F.S. and Section 3.2(4) of this policy) and contracts (other than contracts governed by Section 255.20, F.S., continuing legal services, or Part E of this policy) (hereinafter "commodities").  The Board may adjust the amounts of the categories from time to time based upon the rate of change of a nationally recognized price index.

 

1.         Category One:  $1,000

 

2.         Category Two:  $10,000

 

3.         Category Three:  $50,000

 

B.         Procedures

 

  1. Purchases with value below the threshold of Category One shall be carried out using good purchasing practices which may include but not be limited to quotations or written records of telephone quotations.

 

  1. Purchases which meet or exceed the threshold of Category One but less than the threshold for Category Two will be made by obtaining two or more written quotations whenever practical.  Should verbal quotations be received, name and address of company and amount quoted shall be a part of the written documentation.  If at least two quotations are not received, a statement as to why they were not received must be shown.

 

  1. Purchases which meet or exceed the threshold of Category Two, but less than the threshold for Category Three shall be carried out by obtaining written quotations or written records of telephone quotations or informal bids to be opened upon receipt.  If the District determines that commodities are available only from a single source or that conditions warrant negotiation on the best terms and conditions, the District may proceed with the procurement pursuant to Parts O and P of this Section.  The District shall document the conditions and circumstances used to determine the procurement method.

 

  1. All purchases for which the total contract value is in excess of the threshold amount for Category Three for a commodity shall be made by first securing formal competitive sealed bids.  A formal invitation to bid or request for proposals shall be mailed at least 10 days or 28 days, respectively, prior to the date set for submittal of bids or proposals, unless waived, in writing, by the Fire Chief.  Determination of the threshold amount for Category Three for lease or rental is based on a twelve (12) month period of time.  Extension of a contract for an additional period of time is not subject to this provision.  In any procurement which exceeds the threshold amount for Category Three that is accomplished without competition, the individuals taking part in the development or selection criteria for evaluation, the evaluation process, or the award process shall attest in writing that they are independent of, and have no conflict of interest in, the entities evaluated and selected.  The attestation shall be placed in the District file.

 

C.        Renewals

 

Contracts for commodities may be renewed for an additional term not to exceed the original contract period unless the original contract period is 24 months or less, in which case the contract may be renewed up to two one-year periods.  Renewal of the contract shall be by mutual agreement in writing and shall be subject to the same terms and conditions set forth in the initial contract.  If the

commodity is purchased as a result of the solicitation of bids or proposals, the cost of any contemplated renewals shall be included in the invitation to bid or

request for proposals.  Renewals shall be contingent upon satisfactory performance evaluations by the District.

 

D.        Insurance

 

The District shall obtain quotations or competitive bids on all insurance coverage held by the District as needed.  In determining which purchasing procedures apply, the thresholds established for Categories One, Two and Three shall be used.  The annual estimated cost for each type of coverage shall be used to determine which category applies.

 

E.         Construction Contracts

 

In accordance with Section 255.20, F.S, any District shall competitively award all construction contracts the costs of which exceeds $200,000.

 

F.         Legal Advertisements

 

1.      All purchases of commodities in excess of threshold amount for Category Three shall be advertised in a newspaper of general circulation in the county or counties within which the District is located no less than ten (10) calendar days prior to the bid opening for invitations to bid and no less than twenty-

 

eight (28) calendar days prior to the proposal opening for requests for proposals.  If the Fire Chief, with the concurrence of the Board, determines that an unusual problem exists, and to delay the bidding to provide an opportunity for advertising would be detrimental to the interest of the District, the Fire Chief shall post the intended decision including with particularity the conditions and circumstances requiring waiver of advertising prior to the opening of the bids/proposals at the Board office.

 

2.      Advertisement in a newspaper of general circulation is not required for the reissuance of an invitation to bid or request for proposals provided:  (1) the District advertised the original bid or proposal solicitation in a newspaper of general circulation; and (2) the District mails notice of the reissuance of the bid or proposal solicitation to all vendors that were mailed notice of the original solicitation and to all bidders or offerors that responded to the original solicitation, excluding any vendor that responded with an indication of no interest in bidding or offering.

 

G.                 Conditions to be Included in Formal Invitations to Bid/Requests for Proposal

 

1.      An invitation to bid must contain criteria, which shall include but not be limited to, price, to be used in determining acceptability of the bids.  If the District contemplates a renewal of the commodity contract, the Invitation

to Bid shall so state with sufficient information, including the contract period(s) of renewal, to enable each bidder to bid on the contract including renewal(s).  In such case the contract award shall be made based upon an

evaluation of bids for the entire contract period including renewal(s).  A formal invitation to bid shall be mailed at least 10 days prior to the date set for submittal of bids, unless waived in writing, by the Board.  The purchase order/contract shall be awarded with reasonable promptness by written notice to the responsive and responsible qualified bidder who submits the lowest responsive bid.  The bid evaluation must be determined in writing to meet the requirements and criteria set forth in the Invitation to Bid.

 

2.      Request for proposal shall include a statement of commodities sought, all contractual terms and conditions applicable, and the date and time for submittal of proposals.  Requests for

      proposal must contain the criteria, which shall include, but not be limited to, price to be used in determining acceptability of the proposal.  If the District contemplates a renewal of the commodity agreement, the request for proposal shall so state and shall also provide sufficient information, including the contract period(s) of renewal, to enable each offeror to submit

      an offer on the contract including renewal(s).  In such case the contract award shall be made based on an evaluation of proposals for the entire contract period including renewal(s). 

     To assure full understanding of and responsiveness to the solicitation requirements, discussions may be conducted with qualified offerors. 

 

Notice of Request for Proposal shall be mailed at least 28 days prior to the date set for submittal of proposals. 

 

H.        Request to Withdraw Bid/Proposal

 

            Requests for withdrawal will be granted if received by the District, in writing, at anytime before execution of a contract with the offeror/proposer.

 

I.          Right to Reject Bids/Proposals

 

            The District shall reserve the right to reject any or all bids/proposals and such     reservation shall be indicated in all advertising and invitations to bid/requests for     proposal.

 

J.          Bid Modification for Commodities/Contractual Services

 

A bidder or offeror may not modify its bid after bid/proposal opening.  The District may correct mistakes in an arithmetic extension of pricing.  The District may waive minor irregularities in an otherwise valid bid/proposal.

 

K.        Inspection or Examination of Sealed Bids/Proposals for Commodities/Contractual         Services

 

Sealed bids/proposals are not subject to the public records provisions of Section 119.07(1), F.S., until such time as the District provides notice of a decision or intended

decision or within 10 days after bid or proposal opening, whichever is earlier.  The 10-day period does not include the date of the notice or opening.  When the invitation to bid or request for proposal requires the bid or proposal to be placed in two separately sealed envelopes to be submitted simultaneously and not opened on the same date, the 10-day period begins the day after the opening of the second envelope.  Bid or proposal opening shall be public at the date and time and at the place specified in the solicitation.

 

 The opening shall be conducted by an employee of the District and witnessed by at least one other employee of the District.  Bid or proposal tabulation sheets shall be completed simultaneously with the public reading of prices whenever appropriate.  Upon completion of the tabulation, a copy shall be made accessible for inspection to any interested party.

 

L.         Receipt of No Competitive Sealed Bids/Proposals, in the First Invitation to Bid/Request for Proposal

 

When no competitive sealed bids/proposals are received for the purchase of a commodity or group of commodities in response to the sealed bid/proposal solicitation, the District shall review the situation in order to determine the reasons, if any, why no competitive sealed bids/proposals were received before issuing a second invitation to bid/request for proposals; provided, however, if the District determines that commodities are available only from a single source, or that conditions and circumstances warrant negotiation on the best terms and conditions, the District's intended decision shall be posted in the Board office before the District may proceed with procurement.  The District shall document its file as to the conditions and circumstances used to determine the decision to proceed without a second call for bids. 

 

M.        Default

 

Contractors who fail to perform to contract terms and conditions shall be notified, in writing, stating the nature of the failure to perform and providing time certain for correcting the failure (reasonable time should not generally be less than 10 days after receipt of such notice).  Unless the contractor corrects its failure to perform within the time provided, or unless the District determines on its own investigation that the contractor's failure is legally excusable, the contractor shall be found in default and

issued a second notice stating the reasons the contractor is considered in default and stating that the District will reprocure or has reprocured the commodities or services and the amount of the reprocurement if known.  Reprocurement of substitute commodities may be accomplished by first attempting to contract with the second lowest bidder under the Invitation to Bid/the offeror of the second best proposal under the Request for

 

Proposal.  If the District fails to contract with the second lowest bidder/offeror of second best proposal it may attempt to contract with the next lowest bidder/offeror of the next best proposal sequentially, until a bidder willing to perform at acceptable pricing under the bid/proposal conditions is found.  The District may elect to rebid or to purchase on the open market, as may be in its best interest.  All correspondence to contractors respecting failure to perform shall be sent Certified U.S. Mail Return Receipt Requested. 

 

The foregoing provisions do not limit, waive or exclude the District's remedies against the defaulting contractor at law or in equity.

 

N.        Emergency Purchases of Commodities/Contractual Services

 

Statement Under Oath -- The Fire Chief shall file with the Board a statement certifying the conditions and circumstances requiring an emergency purchase of commodities/contractual services in excess of the threshold amount for Category Three.  However, such emergency purchase shall be made with such competition as is practicable under the circumstances.  Statements shall be submitted within thirty (30) days after date of purchase order or contract and shall include complete details surrounding the event(s), which created the emergency.  A copy of the purchase order or contract shall accompany the statement.

 

O. Single Source Purchases of Commodities

 

If the Fire Chief determines that a commodity is available from a single source and total cost is in excess of the threshold for Category Three, the purchase may be excepted from bid requirements by the Board, in writing, upon the filing of a certification by the Fire Chief stating the conditions and circumstances requiring the purchase.  This certification shall set forth the purpose and need, and why the commodity is the only one that will produce the desired results.  The District's intended decision shall be posted in the Board office within 21 days after receipt or within 14 days after receipt of additional materials, if requested.  Failure of the Board to approve or disapprove the request within the 21-day period (as extended by the 14-day period when applicable), whichever is later, shall constitute prior approval. 

 

P.         Procedures for Negotiation of Contracts for Purchase of Commodities

 

1.         Negotiations after Receipt of No Competitive Sealed Bids/Proposals

 

When negotiating such a contract, the District shall conduct negotiations as follows:

           

·        The negotiations shall be made on the best price, terms, and conditions obtainable by the District to meet its needs.  The District shall specify in writing and make available to prospective contractors, its needs for the commodity to be purchased prior to commencing negotiations with any vendor.

·        If a valid bid/proposal was received, negotiations shall commence first with the bidder/proposer submitting the valid bid/proposal.  If the District is unable to negotiate a satisfactory contract with the bidder/proposer submitting the valid bid/proposal, negotiations may be held with the remaining bidders/proposers.

 

·        If no valid bid was received or if the District was unable to negotiate a satisfactory contract with the bidder/proposer submitting the valid bid/proposal, discussions shall then commence with the vendor which had submitted the lowest responding bid/proposal to the invitation to bid/request for proposals.  The District shall then undertake discussions with the next lowest responding bidder/proposer and continue discussions with the other bidders/proposers in ascending order of the bid prices until discussions are completed.  During discussion, each vendor will be required to give a final firm price, terms, and conditions for the specific commodity/contractual service offered.  Upon completion of discussions, the District shall select the vendor offering the commodity/contractual service with the price, terms, and conditions, which, in its judgment, best meets its needs.  The District will maintain an accurate record of the discussions held with each vendor.  If the District is unable to negotiate a satisfactory contract with any of the vendors that had responded to the invitation to bid/request for proposals, it shall follow the steps in 2. below if it desires to proceed with negotiations.

 

2.   Negotiation of Contracts Without First Seeking Competitive Sealed Bids/Proposals Exceeding the Threshold for Category Three-

 

·        When determined by the Board to be in the best interests of the District, the District may contract by negotiation without seeking bids/proposals first.  When contracting by negotiation, the following procedures shall be followed:

 

·        The Fire Chief shall submit a request in writing to the Board detailing the necessity to contract by negotiation, the proposed steps to be followed by the District in negotiating the contract, and the proposed vendors that will

 

be used in the negotiations.  The Board's intended decision to contract by negotiation shall be posted in the Board office.

 

·        Based on written needs of the District, the District shall obtain from no less than three vendors, written information concerning their qualifications, integrity, and reliability, appropriate information concerning the commodity which may be offered by the vendor to meet the District's needs, and such other information as the District may require.  In the absence of at least three vendors, which may offer the commodity desired by the District, the District may consider less than three vendors upon prior approval of the Board.

 

·        The District shall then rank, in order of preference, the vendors deemed by the District to have the qualifications, integrity, and the commodity to meet its needs.

 

·        The District shall initiate discussions for a contract with the vendor ranked highest in order of preference, based on the District's evaluation of qualifications, integrity, reliability, and the commodity to meet its needs.  If, in the sole discretion of the District, negotiations fail, the District shall then undertake discussions with the remaining vendors in descending order of ranking.  During discussions, each vendor will be required to give a final firm price, terms, and conditions for the specific commodity offered.  Upon completion of discussions, the District shall select the vendor offering the commodity with the price, terms, and conditions, which, in its judgment, best meets its needs.  The District will maintain an accurate record of the discussion held with each vendor.

 

Chapter One

District

Policy 1.5

Accounting Procedures

 

Policy 1.5 (1) Receipts

 

  1. A receipt from the administration office or fire prevention officer will be issued for all

      new monies received and turned into the administrative office

 

  1. The receipt number will be noted on the deposit analysis form and attached to the deposit slip with any back up information.

 

  1. The receipts will be posted and filed numerically with the deposit slip and information.

 

  1. Monies received from the tax collector’s office will be posted as follows:

 

 

  1. Impact fee monies received will be posted as deferred revenue and deposited in the SBA impact fee account until they are expended.  At this time, the revenue can be recognized and will be transferred from deferred revenue to impact fee revenue.

 

§         Deferred revenue                Credit

 

§         Cash impact fee account     Debit

 

 

Policy 1.5 (2)   Payroll

 

 

 

 

 

 

 

 

 checks.

 

Checks will be picked up on Wednesday following the end of the pay period. Special

arrangements may be made to pick checks up early if they are ready and must be approved by the chief or his designee.  All checks will be signed for on payroll release form.

 

 

Policy 1.5 (3)   Purchase Orders

 

All purchases or repairs must have prior approval and a purchase order issued.

The purchase orders will be completed when issued. The items’ description and price will be obtained prior to requesting the purchase order.

 

Invoices will be turned in the same day as the acquisition of materials or repair. This has not been the practice in the past and has resulted in unnecessary late charges. Invoices not turned in promptly,

resulting in additional charges or fees will be assessed to the employee signing the invoice.

 

 

Policy 1.5 (4)   Accounts Payable

 

 

 

 

 

 

 

 

two commissioners.

 

 

 

 

 

 

 

 

 

§         Budget

§         YTD amount expended/received

§         Current variance

 

Chapter One

District

Policy 1.6

Usage of Credit Cards

                                                                       

Credit cards provide the North Fort Myers Fire Control District with the ability to effectively and efficiently make small delegated purchases. The Department utilizes several major credit cards and

specialty cards that may be issued to employees for Department related approved purchases. Department cards must not be used for any type of personal use.

 

An employee will be issued a card at the time of purchase, after which the card and receipt will be returned to the office or officer in charge.

 

Cards may be issued to administrative personnel to assist in the operations of the department. The same rules apply with regard to purchases and personal use. Improper use of Department credit cards is a disciplinary action that may lead to termination of employment.

 

Chapter One

District

Policy 1.7

Capitalization Procedures

 

Policy 1.7 (1)        Fixed Asset Inventory additions

 

§         Chiefs and designee will determine whether an item is to be inventoried, based upon the cost and length of useful life. (Cost of $1000.00 or more, and has a useful life greater than one year).

 

§         After a fixed asset is purchased, the Chief’s designee completes a fixed asset change form with information necessary for the item to be added to inventory.  The form is reviewed and initialed

      by the Chief.

 

§         Designee will assign and ID # to the item and the ID sticker will be placed on the item by the chief or designee.  If the item is such that an ID sticker cannot be applied, a permanent marker, paint,

      or engraver shall be used to print the number on the item.

 

§         After the invoice for the fixed asset has been paid, designee will input the information from the fixed asset change form into the computer in the fixed assets files.  The change form is

then stamped posted.

 

§         The original copies of the check, invoice, purchase order and change form are then placed in

the paid vendor files and a second copy is placed in the fixed assets files and a third copy will

be placed in FY, yy-yy audit “Addition” file (revision, 2/13/2009).

 

Policy 1.7 (2)   Deletions

 

 

 

 

 

 

Chapter One

District

Policy 1.8

Inventory Control Policy

 

The purpose of this policy is to establish a procedure for supervision, marking for identification, accountability, control, transfer and disposal of tangible personal property owned by the District,

per Florida Chapter 274, in conjunction with Rules of the Auditor General Chapter 10.400 County or District Tangible Personal Property.

 

Chapter 274, Section 274.02, of the Florida Statues specifies that each item of property be marked for identification in the manner required by the Auditor General and that each governmental unit

maintain an adequate record of its’ property containing such information as shall be required by the Auditor General.

 

Supervision of Inventory

 

A.     Custodian – A person to whom the custody of District property has been delegated by the governmental unit.  The custodian will enter and maintain all inventory records of tangible

       property of the District. These records will be stored on a computer and a hard copy generated for reference.

 

B.     Custodians’ Delegate – A person under the supervision of the custodian, to which the custodian may delegate the immediate control of property.  The custodian will appoint on custodian

      delegate at each station who will be accountable for marking items for identification, recording changes, transfers and disposition of all tangible personal property per chapter 274.

 

Chapter One

District

Policy 1.9

Statement of No-Written Investment Policy

 

Policy 1.9 (1)

With the guidance of Tuscan & Company, PA, Administration and the Board of Commissioners of the North Fort Myers Fire Control and Rescue District agreed to adopt a no-written investment policy

September 30, 2008, under Resolution 2009-1. The resolution addresses the investment of public funds in excess of amounts needed to meet current operating expenses and are as follows in accordance

with Section 218.415 (17), of Florida State Statutes:

 

17) Authorized investments; no written investment policy-Those units of local government electing not to adopt a written investment policy in accordance with investment policies developed as provided

in subsections (1)-(15) may invest or reinvest any surplus public funds in their control or possession in :

 

(a) the Local Government Surplus Funds Trust Fund, or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act of 1969, as provided in s. 163.01.


(b) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency.

 

(c) Interest-bearing time deposits or savings accounts in qualified public depositories, as defined in s. 280.02.

 

(d) Direct obligations of the U.S. Treasury.

 

The securities listed in paragraphs (c) and (d) shall be invested to provide sufficient liquidity to pay obligations as the come due.

 

 

 

Chapter 2

Personnel Administrative Policies

Policy 2.1

Administrative Authority, Chain of Command, and Delegation

 

Policy 2.1 (1)   Administrative Authority

 

All general orders, special orders, memoranda or other orders printed upon authorized District stationary that have been signed by the Fire Chief or his designee shall have the same force and effect

as a District policy unless there is a conflict of orders, in which case the most recent order or policy shall apply.

 

In the event of a conflict of orders, an employee shall inform the officer who issued the last order that a conflict of orders exists. If the officer does not change his or her order, the employee shall obey

his or her order.  The last order given shall be obeyed, and the employee shall not be held responsible for disobedience of an order, or for a violation of District regulations.

 

 

Policy 2.1 (2)   Chain of Command

 

The District's chain of command is a graduated sequence of authorities for the purpose of providing leadership to every employee or unit of employees, to provide a process of imparting District orders

and policies, expediently and efficiently to the concerned employees of the District and to provide an organized means to redress issues of concern to District employees. Any employee of the District

desiring to discuss any matter related to his or her employment with the District shall have the right to do so, but must adhere to the established chain of command. The adopted District organizational

chart shall establish the chain of command. Administrative personnel should address issues or concerns pursuant to the chain of command.

 

 

Policy 2.1 (3)   Delegation of Authority

 

The Fire Chief shall serve as the Board's designee for day-to-day administration of the District, for purposes of executing contracts and other forms, and issuing proposals.  The Fire Chief may also

serve as the Board's delegated representative to negotiate Union contracts subject to Board approval. Union contracts shall be negotiated in such a manner that preserves the interests of the District.

 

 

 

 

 

 

 

 

 

The North Fort Myers Fire Control District’s organizational chart is provided below.

 

Chapter 2

Personnel Administrative Policies

Policy 2.2

Employment Compliance

 

Policy 2.2 (1)   Equal Opportunity Employment

 

Under the Equal Employment Opportunity Commission, Executive Order 11246, it is the policy of the District to provide equal opportunity in all aspects of employment without regard to race, color, religion, sex, national origin, age, marital status, disability, or any other characteristic protected by law.  The District will comply with all applicable laws prohibiting discrimination in employment from recruitment to employment, promotion, training, work assignments, and every other phase of employment.

 

 

Policy 2.2 (2)   Disability Accommodations

 

The District is committed to complying fully with the Americans with Disabilities Act (ADA). We are also committed to ensuring equal opportunity in employment for qualified persons with disabilities. We conduct all our employment practices and activities on a non-discriminatory basis.

 

Our hiring procedures have been reviewed and they provide meaningful employment opportunities for persons with disabilities. When asked, we will make job applications available in alternative, accessible formats. We will also give assistance in completing the application. We only make pre-employment inquiries regarding an applicant's ability to perform the duties of the job.

 

We require post-offer medical examinations only for jobs that have bona fide job-related physical requirements. An examination will be given any person who enters the job but only after that person has been given a conditional job offer. We keep medical records separate from other personnel files and confidential.

 

Reasonable accommodation is available to an employee with a disability when the disability affects the performance of job functions. We make our employment decisions based on the merits of the situation in accordance with defined criteria, not the disability of the individual.

 

Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority lists. We make all types of leaves of absence available to all employees on an equal basis.

 

The District is also committed to not discriminating against any qualified employee or applicant because the person is related to or associated with a person with a disability. The District will follow any state or local law that gives more protection to a person with a disability than the ADA gives.

 

The District is committed to taking all other actions that are necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA and any other applicable federal, state, and local laws.

 

 

Policy 2.2 (3)   Immigration Law Compliance

 

North Fort Myers Fire Control District is committed to employing only people who are United States citizens or who are aliens legally authorized to work in the United States. We do not illegally discriminate because of a person's citizenship or national origin.

 

Because we comply with the Immigration Reform and Control Act of 1986, every new employee at the District is required to complete the Employment Eligibility Verification Form I-9 and show documents that prove identity and employment eligibility.

 

If you leave the District and are rehired, you must complete another Form I-9 if the previous I-9 with the District is more than three years old, or if the original I-9 is not accurate anymore, or if we no longer have the original I-9.

 

If you have questions or want information on the immigration laws, contact administration. If you ask questions or want to complain about the immigration law, you will not be punished in any way.

 

 

Policy 2.2 (4)   Health Insurance Portability and Accountability Act (HIPAA)

 

The Health Insurance Portability and Accountability Act of 1996 HIPAA limits exclusions for preexisting conditions; prohibits discrimination against employees and their dependents based on their health status; guarantees renew-ability and availability of health coverage to certain employers and individuals, and protects many workers who lose health coverage by providing better access to individual health insurance.

 

The special enrollment rights apply without regard to the dates on which an individual would otherwise be able to enroll under the plan. Special Enrollment periods apply to you and/or your dependent(s), if you have a new dependent as a result of marriage, birth, adoption or the placement for adoption (qualifying event).  Under these rules, a group health plan is required to provide the opportunity for special enrollment for these individuals should they make the request within 30 days of the date the qualifying event

occurred.

 

If you decline enrollment under the District’s plan for yourself or your dependents (including your spouse) and state in writing that you and/or your dependents have coverage under another group health plan or health insurance coverage as the reason for declining to enroll you may also have special enrollment rights.  Special enrollment rights may apply to you and/or your dependents in the event that you and/or your dependents are no longer eligible for this other coverage.

 

Your plan may offer an Annual Open Enrollment giving you the opportunity to enroll yourself and/or your dependents if you have previously declined/waived coverage for you and/or dependents.

 

 

Policy 2.2 (5)   Conflicts of Interest

 

North Fort Myers Fire Control District has guidelines to avoid real or potential conflicts of interest. It is your duty as an employee of the District to follow the following guidelines about conflicts of interest. If this is not clear to you or if you have questions about conflicts of interest, contact Administration.

 

The definition of a conflict of interest is an actual or potential conflict of interest is when you are in a position to influence a decision or have business dealings on behalf of the District that might result in a personal gain for you or for one of your relatives. For conflicts of interest, a relative is any person who is related to you by blood or marriage, or whose relationship with you is similar to being a relative even though they are not related by blood or marriage.

 

We do not automatically assume that there is a conflict of interest if you have a relationship with another company. However, if you have any influence on transactions involving purchases, contracts, or leases, you must contact a supervisor of the District as soon as possible. By telling us that there is the possibility of an actual or potential conflict of interest, we can set up safeguards to protect everyone involved.

 

The possibility for personal gain is not limited to situations where you or your relative has a significant ownership in a firm with which North Fort Myers Fire Control District does business. Personal gains can also result from situations where you or your relative receives a kickback, bribe, substantial gift, or special consideration as a result of a transaction or business dealing involving the District.

 

 

Policy 2.2 (6)   Safety Compliance

 

Our workplace safety program is a top priority at North Fort Myers Fire Control District. We want the District to be a safe and healthy place for employees, customers, and visitors. A successful safety program depends on everyone being alert and committed to safety.

 

We regularly communicate in different ways with employees about workplace safety and health issues. These communications may include supervisor-employee meetings, bulletin board postings, memos, or other written communications.

 

You are expected to obey all safety rules and be careful at work. You must immediately report any unsafe condition to the appropriate supervisor. If you violate the District’s safety standards, you may be subject to disciplinary action, up to and including termination of employment. Violations include causing a hazardous or dangerous situation, not reporting a hazardous or dangerous situation, and not correcting a problem even though you could have corrected it.

 

It is very important that you tell the appropriate supervisor immediately about any

accident that causes an injury, no matter how minor it might seem at the time. When you report it quickly, we can investigate the accident promptly; follow the laws, and start insurance and worker's compensation processing.

 

 

Policy 2.2 (7)   Non- Disclosure

 

It is very important to the North Fort Myers Fire Control District that we protect our confidential business information and trade secrets. Confidential information includes, but is not limited to, the following examples:

 

·       Personnel information and data

 

·       Medical information and data

·       Investigation information and data

 

If you have access to confidential information, we may ask that you sign a non-disclosure agreement as a condition of your employment.

 

If you improperly use or disclose a trade secret or confidential business information, you will be subject to disciplinary action, up to and including termination of employment and legal action. This applies even if you do not get any benefit from releasing the information.

 

 

Policy 2.2 (8)   Workplace Monitoring

 

The North Fort Myers Fire Control District may conduct workplace monitoring to help ensure quality control, employee safety, security, and customer satisfaction.

 

All computer equipment, services, or technology that we furnish you are the property of the District. We reserve the right to monitor computer activities and data that is stored in our computer systems. We also reserve the right to find and read any data that you write, send, or receive by computer.

 

Because we are sensitive to employees' legitimate privacy rights, we will make every effort to guarantee that workplace monitoring is always done ethically and with respect.

 

Chapter 2

Personnel Administrative Policies

Policy 2.3

Recruitment Policies

 

Policy 2.3 (1)   Statement of Recruitment

 

It is the policy of the North Fort Myers Fire Control District that open positions will be filled by the best qualified applicants without regard to race, color, religion, sex, national

origin, age, marital status, disability or characteristics protected by law. A systematic search will be conducted in order to make every effort to provide:

 

a)      Sufficient opportunity for interested and eligible persons within the District to apply.

 

b)      Sufficient opportunity for interested an eligible persons outside the District to

apply.

 

c)      Identification of a sufficient candidate pool of eligible applicants which includes females and minorities.

 

The Chief or his designee shall have authority to recruit and select all positions.  Open positions shall be advertised internally by memorandum from the Chief or his designee. The Chief may designate appropriate forms to be completed by applicants at his discretion. The Fire Chief or his designee shall also be responsible for coordinating all recruitment activities and maintaining complete records of all recruitment activities, and the Chief or his designee shall notify the selected applicant by letter, specifying the rate of compensation, reporting date and time, any required pre-employment physical and other conditions of employment.

 

 

Policy 2.3 (2)   Employment Applications

 

The North Fort Myers Fire Control District relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process

and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the District’s exclusion of the individual from further consideration of employment or, if the person has been hired, termination of employment.

 

 

Policy 2.3 (3)   Firefighter Hiring Policy

 

The North Fort Myers Fire Control District accepts applications for the position of firefighter on a continuous basis and may advertise in a local newspaper prior to hiring if needed (Revision, 9/23/2009).

 

Applicants will be interviewed by an interview team, consisting of the Chief and/or his designees, a Captain, an Engineer, and a Firefighter. After the interviews, the applicants will be placed in a hiring pool based on interview scores. This hiring pool will be recognized for a one year period.

 

Employment eligibility requirements include:

 

1.      Meet all the requirements of Florida Statute, 633.34, Firefighters Qualifications for Employment.

 

2.      Hold a Florida Certification of Firefighter II

 

3.      Possess a current Florida State EMT certification. Exceptions can be made for

someone who is currently enrolled in a state certified EMT program, or someone

who has recently graduated from the program and is waiting to take the state test. In these circumstances, the individual would be given 12 months to comply with this requirement. Failure to comply would result in termination of employment.

 

4.      Individuals must possess a valid Florida Driver’s License

 

5.      Complete physical and drug test prior to employment

 

 

Policy 2.3 (4)   Employment Reference Checks

 

The North Fort Myers Fire Control District will respond to all reference check inquiries from other employers and lending institutions. Response to such inquiries will confirm by telephone only dates of employment, wage rates, and position held. Other inquiries must be requested in writing. Employees may request all inquiries be submitted in writing.

 

 

Policy 2.3 (5)   Personnel Data Changes and Personnel Files

 

It is important that North Fort Myers Fire Control District have certain personal information about you in our records. You need to tell us as soon as there is a change to your mailing address, telephone numbers, marital status, dependents' information, educational accomplishments, and other possibly related information. We also need to have information about who to contact in case of an emergency. To change your personal information or if you have questions about what information is required, contact the administration office.

 

See Article 5, Personnel Files, of Union Contract

 

 

Policy 2.3 (6)   Employee Classifications

 

All District positions shall be classified as either regular full-time, regular part-time or temporary, as designated by the District budget. Regular full-time employees shall work a regular 40-hour schedule per week, unless they are employed in the fire suppression

division, in which case they shall work 56 hours per week, or unless otherwise provided in an employment contract. Regular part-time employees shall work less than thirty hours, but more than 20 hours per week. Temporary employees shall work for a period of time and a number of hours established by the Fire Chief.

 

See Article 18, Hours, of the Union Contract

 

 

Policy 2.3 (7)   Probationary Period

 

The probationary period shall be regarded as an integral part of the employment process. With the exception of the Chief who serves at the pleasure of the Board, each new District employee

shall be subject to satisfactory completion of a twelve (12) month probationary period. During this period of initial evaluation, the District will assess the employee's technical skill level and general

proficiency in the position for which he or she was hired or promoted by conducting quarterly performance evaluations. At the end of the probationary period, the employee's overall performance

will be formally reviewed. If performance has been satisfactory, he or she will become a regular employee and will be entitled to all benefits accrued from the initial date of employment.  The District

reserves the right to extend the probationary period for up to an additional six months if deemed necessary to assess the employee's skills and general proficiency. Promoted employees shall be

considered on probation for a period of six months. Probation may also be used by the District as a means of addressing performance or conduct problems.  In such cases, the employee shall

continue to accrue all benefits otherwise afforded by the District.

 

See Article 11, Discharge, of Union Contract

 

 

Policy 2.3 (8)   Nature of Employment

 

See Article 9, Management Rights, of Union Contract

 

Chapter 2

Personnel Administrative Policies

Policy 2.4

Benefits

 

Policy 2.4 (1)   Benefits

 

North Fort Myers Fire Control District sponsors a benefits program for all eligible employees. In addition to receiving an equitable salary and having an equal opportunity for professional development and advancement, you may be eligible to enjoy other

benefits that will enhance your job satisfaction. We are certain you will agree the benefits program described in this Employee Manual represents a very large investment by the

District. A good benefits program is a solid investment for District employees. The District will periodically review benefit programs and will make modifications as appropriate to the Department’s condition.

 

A change in employment classification that would result in loss of eligibility to participate in the health insurance plan may qualify an employee for benefits continuation under the Consolidated

Omnibus Budget Reconciliation Act (COBRA). Refer to the Benefits Continuation (COBRA) policy for more information.

 

The following benefit programs are available to eligible employees:

 

Compassionate Leave

Jury Duty

Veteran’s Preference

Educational Financial Assistance

Family Leave

Holidays

Life Insurance

Medical Insurance

Personal Leave Benefits

Travel Allowances

Vacation Benefits

Voting

Witness Duty Leave

Conversion at Termination

 

See Article 27, Hospitalization and Life Insurance, of Union Contract

 

 

Policy 2.4 (2)   20+ years of service

 

Each employee who has completed twenty years of continuous service will receive a plaque, as well as receive two days of personal leave.

 

Each employee who has completed twenty five years of continuous service will receive a commemorative fire axe, as well as receive one day of personal leave.

 

Each employee who has completed thirty years of continuous service will receive a watch as well as receive one day of personal leave.

 

 

Policy 2.4 (3)   Veterans' Preference

 

(Revision 4/11/2008) The District is adopting this policy to give veterans or their spouses’ additional points for service in the armed forces as per Title XX, Chapter 295 of Florida Statutes,

Laws Relating to Veterans: General Provisions.

 

As per Title XX, Chapter 295, 295.07, Preference in Appointment and Retention, the state and political subdivisions in the state shall give preference in appointment and retention in positions of employment to those disabled veterans who:

 

1.      Who have served on active duty in any branch of the Armed forces of the United States, have been separated therefrom under honorable conditions, and have established the present existence of a service-connected disability which is compensable under public laws administered by the U.S. Department of Veterans’ Affairs.

 

2.      Who are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the U.S. Department of Veterans’ Affairs and the Department of Defense.

 

3.      The spouse of any person who has a total disability, permanent in nature, resulting from a service-connected disability and who, because of this disability, cannot qualify for employment, and the spouse of any person missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power.

 

4.      A veteran must have served at least 1 day during a wartime period to be eligible for veterans’ preference. Active duty for training shall not be allowed for eligibility under this paragraph.

 

5.      The un-remarried widow or widower of a veteran who died of a service-connected disability.

 

As per Title XX, Chapter 295, 295.08, Positions for which a numerically based selection process is used:

 

For positions for which an examination is used to determine the qualifications for entrance into employment with the state or political subdivisions in the state:

 

Ten (10) points shall be added to the scores of applicants eligible under sections 1, 2, and 3 of this policy.

 

Five (5) points shall be added to the scores of applicants eligible under section 4, and 5, of this policy.

 

Additional specifics to the veteran’s preference policy can be found in Florida Statutes, Title XX, Chapter 295, Laws Relating to Veterans: General Provisions.

 

 

Policy 2.4 (4)   Workers’ Compensation

                       

The North Fort Myers Fire Control District provides a comprehensive workers’ compensation insurance program at no cost to employees. This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Subject to applicable legal requirement, workers’ compensation insurance provides benefits according to FS 440.

 

Employees who sustain work-related injuries or illnesses will inform their supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible. It is the employee’s responsibility to complete the following forms (even if medical attention is not received): 1. Accident Report, 2. First Report of Injury, 3. Computer Incident Report. It is the responsibility of the Employee to make certain the forms are filed in the Administration Office within 24 hours of the injury.

 

Neither the District not the insurance carrier will be liable for the payment of workers’ compensation benefits for injuries that occur during an employee’s voluntary participation in any off-duty recreational, social, or athletic activity or any activity that is not required by the District.

 

Employees may report to any authorized medical facility after the incident is reported to his supervisor. Any change of physician, after the initial visit, must have prior approval from the administration office of the District and the workers’ compensation carrier.

 

When the doctor certifies the employee to be “permanent total,” as defined in Florida Statutes 440, the District will assist the employee in filing disability retirement. Their employee will be removed form the payroll of the district upon approval of the disability application or one year from date of accident, whichever occurs first.

 

If an employee sustains a job-related injury entitling him or her to Workers’ Compensation benefits in accordance with Florida Statutes, and is given a medical release from work by an authorized physician, or if an appropriate light-duty position is not available, the employee shall receive monies directly from Workers’ Compensation.

 

When an employee is certified for the performance of light duty by his assigned physician, the employee must report to the Administration Office to inquire if an appropriate work assignment is available. The employee must be qualified (education and experience) for the assignment and duties must be approved by the physician.

 

If work is available, light-duty employees will be assigned an hourly schedule equivalent to his/her normal schedule and will continue to receive his/her regular pay (excluding overtime) not to exceed one year. Routine reports are expected from the doctor regarding the condition of the employee. Salary or wages received from Workers’ Compensation will be supplemented by the District. Total amount of compensation shall not exceed current hourly

wage for the hours the employee in normally assigned (excluding overtime). After one year, if the employee is not released to return to regular duty and the employee has not reached maximum medical improvement, the District will continue with light-duty. If the employee has reached maximum medical improvement and issued a permanent total or permanent partial rating and is unable to return to normal duties, he/she will be terminated and the District will assist in filing retirement paperwork.

 

The District’s primary managed care provider is Lee Memorial Health system. Injured employees requiring medical treatment will be sent to a Lee Memorial Facility for initial evaluation and treatment. If referral to a specialist is necessary, approval must be obtained through the Workers’ Compensation insurance carrier handling the claim, and a participating health care provider within the managed care network will be utilized.

 

 

Policy 2.4 (5)   Benefits Continuation (COBRA)

 

The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) helps employees and their dependents to continue their health insurance even if they are no longer eligible under our health plan.

 

There are strict rules about when you can use COBRA. COBRA lets an eligible employee and dependents choose to continue their health insurance when a “qualifying event” happens.

Qualifying events include the employee’s resignation, termination, leave of absence, shorter work hours, divorce, legal separation, or death. Another qualifying event is when a dependent child stops being eligible for coverage under your health insurance.

 

If you continue your insurance under COBRA, you will pay the full cost of the insurance at the North Fort Myers Fire Control District’s group rates plus administration fee. When you become eligible for our health insurance plan, we will give you a written notice describing your COBRA rights. Because the notice contains important information about your rights and what to do if you need COBRA, be sure to read it carefully.

 

 

Policy 2.4 (6)   Early Paychecks

 

Anyone requesting an early paycheck must complete an “early pay-form request” and submit to his/her Supervisor. Paychecks will only be cut on regular pay weeks and will be combined into one check. A separate check will not be issued for personal days, it will be combined with your regular paycheck. It will be necessary that the request be submitted  no later than the end of the pay period prior to the requested pickup date.

 

Chapter 2

Personnel Administrative Policies

Policy 2.5

Leave

 

Policy 2.5 (1)   Retiree Insurance

 

The North Fort Myers Fire Control District is a member of the Florida State Retirement System. The contribution rates and benefits are determined by the State of Florida.  Upon retirement from the District after twenty (20) years of service and becoming a recipient of monies from the State of Florida Retirement Trust Fund, the employee will be eligible for continued health insurance benefits. The contribution rate is determined by the number of years of service with the Department.

 

Eligible employees will have their medical insurance premium paid by the Department at a rate of 4.0% per year for each year of service.  The employee will have the option of continuing their health insurance with the same carrier as the Department.  If the employee elects to continue the coverage with the Department, their portion of the premium must be received by the Administration office by the first of each month.  There will be a thirty (30) day grace period.  If the premium is not paid to the Department within this time, the retiree’s insurance will be cancelled the first of the following month.  If the employee does not elect to continue the coverage with the Department within thirty days, they forfeit that right;  the Department will forward a check to the retiree by the fifteenth of each month, based on the percentage calculated (4.0% X years of service) (single employee premium).  If the health insurance carrier will not cover the retiree (i.e. due to coverage area or network boundaries, or any other reason as seen fit by the insurance carrier), the Department will forward a check to the retiree by the fifteenth of each month, based on the percentage calculated.  These requests will be individually handled by the Department and the current health insurance provider.

 

When the retiree becomes eligible for Medicare Part A and B, Medicaid, or any other like program, the retiree is required to make application for that program.  Anyone covered under any other program (i.e. Champus, Medicare, or Medicaid or a new employer) will utilize that program for primary coverage and the District’s insurance will become secondary.  The Department’s contribution to the retiree will be no greater than that which the Department provides for the full time employees.

 

The Department will offer dependent medical coverage but will not pay any portion of the health insurance for dependents.  The retiree will be responsible for the full premium for dependent coverage. In the event an employee decides to retire with less than 20 years service the following provision shall apply:

 

If the employee has greater than 15 years service with the District, and has reached retirement age as per F.R.S. (55 special risk or 62 regular risk), and has been approved to draw his or her F.R.S. retirement upon retiring from N. Ft. Myers Fire District; the employee may apply for the District’s Retiree Insurance Policy. Calculations will be applied the same way as 20 year employees at a rate of 4% per year, continuous service with the District.

 

The following are examples of calculated contribution rates for this benefit:

 

Years of Service                                   District Pays                                 Retiree Pays

 

            20                                            80%                                         20%

            21                                            84%                                         16%

            22                                            88%                                         12%

            23                                            92%                                           8%

            24                                            96%                                           4%

            25 and over                              100%                                         0%

 

Policy is to be reviewed by the District’s Board of Commissioners on an annual basis.

 

This policy was amended and approved by the N. Ft. Myers Board of Commissioners on July 16th, 2007.

 

 

 

 

 

Policy 2.5 (2)   Vacation Policy 40 hrs Employee  

                      

At present, 40-hour employees will receive the following days for vacation:

 

            1 – 3        years of service                                 10 days vacation per FY

            4 – 6        years of service                                 15 days vacation per FY

            7 – 10      years of service                                 20 days vacation per FY

            11 – 14      years of service                                           25 days vacation per FY

            15+            years of service                              30 days vacation per FY

 

Revision, 9/23/2009

 

 

Policy 2.5 (3)       Vacation and Sick Leave

 

For the purpose of this policy, administrative personnel will be defined as those

employees who work a 40- hour week or those that are salaried employees.

 

Administrative employees will accrue 7 hours per pay period sick time as per the union contract. The maximum hours accrued will be 1440 hours, as per the union contract. When an Administrative employee ceases employment with the Fire District, he or she will forfeit their remaining sick time. Up to 100 hours will be placed in the district’s sick time pool, as per union contract.

 

An Administrative employee will contact their immediate supervisor prior to their normal starting time if they are unable to work due to an illness. Failure to contact the supervisor before normal start times may result in a loss of a vacation day depending on the circumstances.

 

If an Administrative employee is ill greater than 4 days, it is expected of the employee to obtain a doctor’s note concerning the loss of time. It will be of the discretion of the Chief or his designee to determine if a doctor’s note will be required on a case by case basis.

If an Administrative employee becomes ill during their normal working hours; they will contact their immediate supervisor. The supervisor will insure that the employee has a safe way home or to a doctor. The hours not worked will be deducted off the employees

sick leave bank (Revision, 9/23/2009).

 

See Article 25, Personal Leave, of Union Contract

 

 

Policy 2.5 (4)   Holidays

 

The district observes the following holidays:

New Years Day                        Veteran’s Day

Memorial Day                           Thanksgiving

4th of July                                 Christmas

Labor Day                                MLK DAY                                       

                                   September 11                            Presidents’ Day

 

Forty-hour employees shall receive eight hours of pay at their regular rates for holidays.

                                     

See Article 35 Holiday Pay, of the Union Contract

 

 

Policy 2.5 (5)   Leave of Absence Policy                                      

 

Upon successful completion of a probationary period an employee may be granted an unpaid leave of absence.  This approval/disapproval may be granted by the Chief or an

assigned designee. The leave of absence shall not exceed six (6) months and will be based on departmental operations.

 

When an employee takes an approved leave of absence, they will be entitled to accrue seniority (Revision 9/25/2008).  The employee will not be credited any absence time towards retirement.  The employee will forfeit his health insurance and enter into the COBRA program for the duration of their absence.  Upon return, the District will endeavor to restore the employee to the position previously held or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment.

 

At the Chief’s discretion, up to an additional twelve (12) months may be added to the leave.  However, in this event, the District will be in no way obligated to restore the employee to the position previously held.  If additional employees have been hired to fill the employee position, the employee returning from their leave of absence will be eligible

for the next available hiring slot.

 

The District will treat a 6 month leave of absence in the same manner as they would for an extended illness in terms of shift manning.

 

 

Policy 2.5 (6)   Family Leave                                               

 

The District provides family leaves of absence without pay to eligible employees who wish to take time off from work duties to fulfill obligations relating directly:

 

1.      The birth of a child, or to care for a newborn

 

2.      Placement with the employee of a child for adoption/foster care

 

3.      Serious health condition of the employee’s spouse, child or parent

 

4.      Serious health condition that makes the employee unable to perform the    functions of their job (interpreted in the same manner as under the Americans’ with Disabilities Act)

 

The employee will utilize accrued sick and/or vacation time or personal leave relating to their health condition as part of the Family Leave.  The employee will utilize personal leave or vacation leave for leave relating to the employee’s spouse, child or parent as part

of the Family Leave.

 

Employees are eligible for Family Leave only after having completed 12 months of service and at least 1,250 hours service during the previous 12 months.  As soon as eligible employees become aware

of the need for a family leave of absence, they should request a leave in writing from their supervisor: foreseeable events require a thirty (30) day notice.

 

Employees requesting family leave related to the serious health condition of a child, spouse, or apparent, will be required to provide a physician’s statement verifying the serious health condition, its duration, appropriate medical facts known by the health care provide, the need for the employee to provide care, and the estimated time required.  For employee’s personal serious health condition the physician’s statement mush also state that the employee is unable to perform the functions of his position.  The District has the right to request a statement from a second physician at the expense of the District.

 

Eligible employees may request up to 12 weeks of family leave within any 12 month period.  The twelve month period will begin October 1 of each year.

 

Subject to the terms, conditions and limitation for the applicable plans, the District will continue to provide health insurance benefits for the full period of the approved family

leave.  The District will require repayment of all premiums if the employee fails to return to work after entitlement expires, except where the failure to return is due to the serious health condition of the employee, their spouse, child or parent:  or other circumstances beyond the control of the employee. Premium payments for dependent coverage will be made by the employee by the 1st day of the month.

 

Benefit accruals, such as vacation, sick leave, or holiday benefits will be suspended during the leave and will resume upon return to active employment.

 

When a family leave ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar position with equivalent benefits, pay and conditions of employment.

 

If an employee fails to report to work promptly at the end of the approved leave period, the District will assume that the employee has resigned.

 

The District will comply with the provisions of the Family and Medical Leave Act (FMLA) of 1993.  FMLA supersedes any portion of this policy that may conflict with

the act.

 

 

Policy 2.5 (7)   Military Leave

 

A military leave of absence will be granted to employees, except those occupying

temporary positions, to attend scheduled drills or training or if called to active duty with the U.S. armed services.

 

The leave will be in compliance with FS 115.07. Each employee serving as enlisted personnel with the United States military is entitled to 17 working days leave in one

annual period. The entitlement period will begin October 1 of each year. A 24 hour shift shall equal 2 working days leave of absence. Additional leave exceeding 17 working days shall be without pay,

or the employee may voluntarily request use of other leave time for the absence.

 

Subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible, health insurance benefits will be provided by the District for the full term of the military leave of absence.

 

Employees on two-week active duty training assignments or inactive duty training drills are required to return to work for the first regularly scheduled shift after the end of training, allowing reasonable travel time. Employees on longer military leave must apply for reinstatement in accordance with all applicable state and federal laws.

 

Every reasonable effort will be made to return eligible employees to their previous position or a comparable one. They will be treated as though they were continuously

employed for purposes of determining benefits based on length of service, such as job seniority rights.

 

 

Policy 2.5 (8)   Donating Sick Leave or Personal Time

 

A form will be used to donate sick leave or personal time. This form will require the signature of the person donating time, as well as both captains if relevant. Example: If the time was donated to someone on your own shift then only one captain is required. This form will not be accepted unless it is completed and turn into the office prior to use.

 

 

Policy 2.5 (9)   Overtime

 

There may be times when North Fort Myers Fire Control District cannot meet its operating requirements or other needs during regular working hours. If this happens, we may schedule employees to work overtime hours. When possible, we will try to give you advance warning of a mandatory overtime assignment.

 

It is our policy that no overtime can be worked without the approval and authorization of the supervisor. We try to distribute overtime assignments fairly among all employees who are qualified to perform the required work.

 

Nonexempt employees will receive overtime pay in accordance with the federal and state wage and hour laws. Overtime pay is based on the actual hours worked. For this reason, time off for sick leave, vacation, and other paid or unpaid leaves of absence is not counted as hours worked when calculating overtime pay.

 

 

Policy 2.5 (10) Forty Hour Employee Work Week and Overtime Policy

 

The forty (40) hour employee’s work schedule shall be on their respective work days, to be determined by the employer.

 

All Administration and Fire Prevention Division employees shall be compensated at 1-1/2 times the regular rate of pay for all emergency hours in excess of the 40- hour per week schedule. All other 40-hour employees shall be compensated at 1-1/2 times regular rate of pay for all hours worked in excess of the 40-hour work week schedule.

 

Any part-time employees or employees whose work schedule is less than 40 hours shall also be compensated at 1-1/2 times the regular rate of pay, for emergency hours, once their work week exceeds 40 hours.

 

The Fire Chief shall have the authority to require paid staff to remain on duty or to be called back from off-duty status should an emergency warrant such action. Rate of pay shall be compensated at 1-1/2 times rate of pay for hours worked in excess of 40-hour work week schedule.

 

See Article 19, Work week and Overtime, of Union Contract

 

 

Policy 2.5 (11) Compassionate Leave

 

The North Fort Myers Fire Control District provides compassionate leave to employees who need to take time off because an immediate family member died. To ask for bereavement leave,

see your supervisor.

 

See Article 34 of the Union Contract:

 

                                                          

Policy 2.5 (12) Jury Duty

 

The North Fort Myers Fire Control District encourages you to fulfill your civic responsibilities by serving jury duty if you get a summons.  Employees must show the jury duty summons to their s

upervisor as soon as possible. This information is required so that it can be filed for future reference, and so that the supervisor may make arrangements to accommodate their absence. Of course,

employees are expected to report for work whenever the court schedule permits. Employees are allowed to retain all compensation received for services related to this absence.

 

Either the District or the employee may request an excuse from jury duty if, in the District’s judgment, the employee’s absence would create serious operational difficulties. The District will continue to

provide health insurance benefits for the full term of the jury duty absence.

 

 

Policy 2.5 (13)             Witness Duty

 

The North Fort Myers Fire Control District encourages employees to appear in court for witness duty when subpoenaed to do so. If employees have been subpoenaed or otherwise requested to testify as witnesses by the District, they will receive paid time off for the entire period of witness duty.

 

Employees will be granted a maximum of eight hours of paid time off to appear in court as a witness at the request of a party other than the North Fort Myers Fire Control District. Employees will be paid at their base rate and are free to use any remaining paid leave benefits (such as vacation leave) to receive compensation for any period of witness duty absence that would otherwise be unpaid. Compensation received for witness duty may be

retained by the employer.

 

The subpoena must be shown to the employee’s supervisor immediately after it is received so that operating requirements immediately after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee’s absence. The employee is expected to report for work whenever the court schedule permits.

 

 

Policy 2.5 (14) Compensation Time Request

 

  1. To Receive Comp Time:

 

 

 

  1. To use Comp Time:

 

·        Only three bargaining unit employees are allowed off at the same time.

 

·        Must have prior written approval from the Shift Officer and time-off sheet must be signed before asking Chief or Assistant Chief’s approval.

 

·        An employee may give comp time to other employees.

 

Revision, 9/23/2009

 

Also see Article 35, Holiday Pay, of Union Contract

 

Chapter 2

Personnel Administrative Policies

Policy 2.6

Drug-Free Workplace, Annual Physical Exam, and Drug Testing Policy

 

Policy 2.6 (1)   Statement of Policy

 

North Fort Myers Fire Control District is committed to being a drug-free, healthful, and safe workplace. You are required to come to work in a mental and physical condition that will allow you

to perform your job satisfactorily.

 

North Fort Myers Fire Control District employees may not use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs while on the District’s premises or while conducting any

business-related activity away from District premises. You may use legally prescribed drugs on the job only if they do not impair your ability to perform the essential functions of your job effectively

and safely without endangering yourself or others.

 

If you violate this policy, it may lead to disciplinary action, up to and including immediate termination of your employment. We may also require that you participate in a substance abuse rehabilitation or treatment program. If you violate this policy, there could also be legal consequences. It is also important to understand that the consequences of a post accident (on the job injury) positive drug test can result in loss of Workers’ Compensation Benefits.

 

If you have questions about this policy or issues related to drug or alcohol use at work, you can raise your concerns with your supervisor without fear of reprisal.

 

 

Policy 2.6 (2)   Annual Physical Exam and Drug/Alcohol Testing

 

For the safety and well-being of the employees and the community, the District will require annual physical exams and drug testing for all employees.  These exams and tests will be performed by a physician of the District’s choice and at the District’s expense.

 

The exams and tests will consist of the following:

 

·        Complete History and Physical Exams

 

·        EKG with interpretation

 

·        SMAC-26 Profile

 

·        Complete Blood count (with differential)

 

·        Miroscopic Urinalysis

 

·        Urinalysis – 8 Drug Screen (Amphetamines, Barbiturates, Cocaine, Phencyclidine, Benzodiazephine, Methaqualone, Cannabis, and Opiate)

 

·        New or more effective testing techniques may be substituted for Urinalysis or used in conjunction with it.

 

Times and dates of appointments will be set up by the Department. Refusing the physical exam and / or the drug test will result in immediate termination. Appointments will be made without notice and not reporting for the assigned appointment will be investigated, dealt with accordingly and could result in termination.

 

Verbal results of the physical exam and drug test will be made available to the Department Administration only in case of serious condition or a positive drug test. Medical records will remain confidential at the physician’s office and not made a public record of this Department. The results will be released to another physician upon request of the employee.

 

If the result of the drug test is positive for an employee, a gas chromatograph / mass spectrograph (drug confirmation) will be performed before they turn the results over to a physician. This will not require another specimen.

 

An employee who tests positive for drugs will have two (2) options: Immediate resignation from the Department, or being put on medical leave for a maximum of ninety (90) days while receiving in-patient rehabilitation. In-patient rehabilitation will be at the employee’s expense to the extent it is not covered by the department’s group medical insurance policy. This ninety (90) days will be without pay unless the employee has accrued sick days due him.  He will receive pay for those days only. All employee benefits will continue during this period. The employee will make arrangements concerning other payroll deductions. The must return to work immediately after release from rehabilitation and continue outpatient rehabilitation as prescribed by the physician.

 

The employee will be immediately terminated if drug rehabilitation is not obtained, rehabilitation is not completed, prescribed outpatient therapy is not adhered to, or if the drug problem recurs. Upon release from rehabilitation, the employee will be assigned to regular duties. The employer may require another drug screen, at any time, within the following 12 months after returning to work. This test will also be performed by a physician of the Department’s choice, at the Department’s expense, and in accordance with all other stipulations contained in this policy. The employee must submit to testing immediately upon request or be terminated.

 

At any time, upon reasonable suspicion, the Employer may require and employee to submit to drug / alcohol test. Should the employee test positive, he may be terminated or given the opportunity to enter a drug / alcohol rehabilitation program. The termination or rehabilitation is appropriate.

 

.                                   Employees will not consume alcohol for eight (8) hours prior to reporting for duty.

The use of prescription drugs shall be reported to management and drugs which any impair the employee’s ability to work shall not be used on duty without approval of the doctor designated by the district.

 

Upon release from rehabilitation, the employee will be assigned to regular duties.  Administration will require another drug screen at any time, within the following 12 months after returning to work.  The employee will be notified as to the date of this test at least one week prior to the appointment. This test will also be performed by a physician of the District’s choice, at the District’s expense, and in accordance with all other stipulations contained in this policy.

See Article 24, Annual Physical Exam and Drug/Alcohol Testing of Union Contract

 

 

 

 

Chapter 2

Personnel Administrative Policies

Policy 2.7

Personal Appearance, Issued Uniform Apparel and Safety Equipment

 

Policy 2.7 (1)   Personal Appearance

 

Personal appearance means how you dress, how neat you are, and your personal cleanliness standards. Your personal appearance can influence what customers and visitors think about

North Fort Myers Fire Control District. Personal appearance can also impact the morale of your co-workers.

 

During business hours or whenever you represent North Fort Myers Fire Control  District, you should be clean, well groomed, and wear appropriate clothes. This is particularly important if your job involves dealing with customers or visitors in person.

If your supervisor finds that your personal appearance is inappropriate, you will be asked to leave work and return properly dressed and groomed. If you are asked to leave, you will not be paid for the time you are away from work. See your supervisor if you are not sure about the correct clothing standards for your job.

 

Where necessary, the North Fort Myers Fire Control District may make a reasonable accommodation to this policy for a person with a disability.

 

All personnel shall be neat and clean about his/her person. He/she shall keep their body clean and free of offensive odors as circumstances will permit. Particular attention shall be paid to oral hygiene and the hands and fingernails.

 

In the interest of personal safety, the face will be kept clean-shaven, a mustache may be worn, but it must be neatly trimmed and shall extend more than 1” below the corner of the mouth (Revision, 10/29/2007).

 

Hair will be kept neat and clean and shall have an appearance within the Department’s regulations at the discretion of the Chief or his designee. Hair is to be kept presentable to the public with the Department’s interest in mind. Hair may:

 

a.       Touch the top of the collar of the shirt, but will not go any lower than that point.

b.      May cover one-half of ear

c.       1” above the eyebrows

d.      Side burns will be no longer than the bottom of earlobe

 

 

Policy 2.7 (2)   Station Uniforms and Apparel

 

Firefighting equipment and uniforms assigned to suppression personnel shall remain his property during his/her tenure of service.  A record shall be kept of all uniforms and turnout gear issued.

 

When on duty, suppression personnel shall be expected to maintain a neat and orderly appearance when in uniform and/or performing Department business or functions.  Employees are required to wear Department issued uniform apparel only, and are required to be properly dressed any time they are on any type of call or departmental function. During cold weather, an employee may wish to wear additional thermal layers (long-johns) under their uniform apparel. These are acceptable, but are required to be either white or gray in color. Personal knit caps shall not be worn.

 

Some of our uniform apparel displays the Department logo. Any issued Department apparel with a logo shall display the newest logo as designated by the Chief.

The following uniforms and apparel are issued to suppression employees:

 

 

Note: The employee will purchase and maintain their own uniform footwear. This footwear must be a black polished leather boot or sneaker: Holes in shoes or boots is unacceptable.

 

The following regulations apply to uniforms.

 

  1. All suppression personnel will be issued a blue Boonie (special detail) hat. These hats are only to be worn when performing duties that require prolonged exposure to the sun (hydrants, training, football games, etc.). Indoor activities do not require the usage of a Boonie hat, thus an employee should not consider it as an apparel option (Addendum, 8/29/2007).

 

  1. Firefighters and engineers are issued gray polo shirts and T-shirts; Officers are issued white Polo shirts with a white T-shirt. These shirts will be neatly kept and tucked in.

 

  1. A black issued belt is issued to each employee and shall be worn at all times.

 

  1. Blue Fire Department issued pants shall be worn. If pockets are not being used they should be properly buttoned.  Employees are also issued BDU uniform shorts that may be worn at any time of the year, although discretion should be used in regard to ambient temperatures. Shorts will be worn with gray or blue socks no higher than mid-calf. The shoes to be worn will be a black polishable leather lace-up boot or sneaker, boots preferable will be no higher than six inches. Tennis shoes will be black polishable leather.

 

  1. After hours: Department issued workout shorts will be the only shorts worn while on duty. They may be worn after 19:00 hours while in the station. They will not be worn out of the station while on duty, unless under bunker pants. Bunker pants will remain on at all times if shorts are worn under them. Department issued jumpsuits may be worn in place of standard issued uniform apparel only after 19:00 hours and when going off shift.

 

  1. A wrist or pocket watch will be worn.

 

  1. Issued uniforms and apparel well be worn by the employee only.  It is the responsibility of the employee to keep their uniforms and apparel clean and neat at all times. All uniforms shall be kept free of rips, tears, and soil as is possible.

 

  1. Clothing attire must be worn to and from the shower and while sleeping. There will be no nudity in the Department.

 

  1. Uniform Available – Suppression personnel shall be required to have one shirt and one pair of trousers of the standard uniform in an immediately accessible location when on duty.

 

When off duty, suppression personnel shall be expected to maintain a neat and orderly appearance when visiting or attending fire stations, Department property or official Department functions. Also, uniforms will not be worn while off duty except in travel to

and from duty and where special permission in writing is granted by the District. When off duty, uniform apparel displaying the Department logo shall not be worn

 

See Article 30, Uniforms and Equipment, of Union Contract

 

 

Policy 2.7 (3)   Class “A” Dress Uniforms and Apparel

 

The department also issues Class A dress uniforms. These uniforms will be worn to special functions at the discretion of the Chief or his designee. The following regulations apply to Class A dress uniforms:

 

  1. It is the responsibility of each employee to properly care for and maintain their Class “A” uniform.

 

  1. Badges, Name tags, and insignias shall be kept free of dirt, corrosion and blemishes and attached securely and properly to coat, shirt or hat.

 

Policy 2.7 (4)   Safety Appliance Policy

 

The District will attempt to maintain working conditions that protects its employees from injuries, whether at an emergency scene or at the stations, and assure orderly and efficient performance of their duties.  You are expected to work safely, observe safety regulations, report unsafe conditions to the District’s Training and Safety Officer, and wear appropriate safety equipment.

 

The District will provide safety appliances; such as, goggles, earplugs, gloves, and masks that will be worn in performing any duties that entail tools with a spray or one that could produce flying debris that may cause bodily injury.

 

Safety appliances will be worn in the performance of duties that include, but not limited to, the operation of the Hurst tool, chain saw, K-12, weed eaters, lawn mowers, torches and pest sprayers.

 

 

Policy 2.7 (5) Issued Safety Equipment and Gear

 

All issued gear and equipment shall be deemed regulation issue and shall be kept with the employee at all times. Only issued gear and equipment shall be used and it shall be the responsibility of the employee to maintain and be accountable for said issue. The following safety equipment and gear will be issued:

 

a)      Safety glasses and earplugs-These items are for your “personal” protection, have them with you on duty and take care of them. Each

employee will be issued these items; however, the employee may purchase, at their on cost safety glasses and earplugs that are of equal or better quality than the items issued by the Department.

 

b)      Helmet – The helmet shall be kept as clean as conditions dictate.  It shall be inspected at the beginning of each duty day for cracks, broken lining, sweatband, etc.  The face shield shall be kept clean and free as possible of scratches and abrasion, and the insignia shall be tightly secured.  The helmet shall not be worn on back of the head and the chin strap will be properly secured.  It shall be worn by all personnel performing any operation where there may be a threat of head injury.

 

c)      Personal SCBA mask

 

d)      Hoods-Protective hoods have been issued to each employee that is required to wear bunker gear in order to perform their duties. The hood is part of the complete bunker gear package and all rules that apply to the usage of bunker gear will also apply to the protective hoods. The only exception to the this rule will be usage on grass fires, on any other call that requires the use of full turnout gear, the hood will be worn in the shoulder position but ready to be pulled up in case the employee has to don an SCBA.

 

e)      Turnout Coat – The liner shall be properly inserted and fully secured. The turnout coat shall be fully zipped and Velcro properly attached when worn. It shall be kept as clean as conditions dictate.  No turnout coat will be tampered with or worn by another employee.

 

f)        Turnout Trousers and Suspenders – Turnout trousers and suspenders shall be fully snapped, zippered and shall be well adjusted for comfortable fit.  Suspenders shall be worn and shall be firmly secured at each end and adjusted to eliminate slack and maintain trouser height.  The liner will be worn at all times in turnout trousers and will be properly secured.

 

g)      Bunker Boots

 

h)      Firefighting Gloves – Gloves shall be worn at all times where there exists a reasonable assumption that the hands, fingers, palms or wrists may be exposed to injurious circumstances.  They shall be kept clean and dry as conditions and time allow.  Gloves worn shall be those issued.  The wearer shall inscribe his name/and or number with felt tip marking pen on each glove for identification purposes. Other operations may require a less protective NFPA compliant firefighting glove. These gloves may be used only at the discretion of the Chief.

 

i)        Wildland Fire Jumpsuit

 

See Article 30, Uniforms and Equipment of Union Contract

 

 

Policy 2.7 (6) Protective Clothing

 

Full protective clothing shall be worn by any member of the North Fort Myers Fire Control District during any tactical operations or any operations that may be an immediate danger to life or health (IDLH).

 

A tactical operation involves the use of physical activities being performed to render the scene secured and safe. This includes but not limited to structure fires, grass/brush fires, vehicle fires, vehicle accidents or any other hazardous situation.

 

The Incident Commander or his designee shall be the only person who may relieve personnel from wearing full protective clothing, but only if members are in a designated safe area away from operational activities.

A safe area is an area far enough away from the emergency site to provide a safe haven for said employees to rest and or rehab from the tactical operations. The area should be supervised by a designee of the Incident Commander.

 

During training activities, full protective clothing shall be subject to the discretion of the Officer in charge of the training exercises.

 

 

Policy 2.7 (7) Self Contained Breathing Apparatus (SCBA)

 

If any member of the North Fort Myers fire Control District comes in contact with, or anticipates coming in contact with smoke, or any other hostile atmospheres that might inflict harm to their respiratory systems while on an emergency or simulated emergency scene, they shall wear a SCBA.

 

Remember toxic air is not always visible. During overhaul and mop up procedures, toxic fumes and hidden fires may still be present, therefore SCBA shall be worn.

 

Even in the case of grass fires, it is highly recommended that the employee use an SCBA or another approved form of respiratory device while in contact with smoke from grass/fires.  A firefighter cannot always rule out the possibility of hidden burning toxic materials (old tires, carpet, vehicles, other garbage, etc.) that may be disbursed in the burning grass/brush fire area.

 

Policy 2.7 (8) High Visibility Safety Vests

 

In recognition of updated national laws and standards, a high-visibility vest will be provided for each riding position in all apparatus. For safety purposes, personnel performing any roadway operations shall wear these high visibility vests.

Firefighters are exempted from this requirement and may wear turn-out gear (without the vest) when engaged in emergency operations that directly expose the responder to flame, fire, heat, and/or

hazardous materials (Addition, 7/8/2009).

 

Chapter 2

Personnel Administrative Policies

Policy 2.8

Education and Promotions

 

Policy 2.8 (1) Educational Reimbursement

 

The North Fort Myers Fire Control District is committed to allowing employees further their education in the fire service. Fire service courses are constantly being offered to employees who wish to increase their knowledge in this profession. To enroll in a class, the participant should read and fill out a “School Request” form in its entirety
(See policy 2.8 (4) for any trip that requires travel expenses).  The “School Request” form will then be submitted to the Training Officer for review and then to the Chief for final approval. It is important that this form is completed prior to enrollment because the Chief offers the final approval on whether a class may or may not receive reimbursement.

 

The District will reimburse employees for the cost of tuition upon successful completion of course/s that are pre-approved by the Chief or his designee and offered by the State Fire College or accredited colleges in the fire service division, or toward a degree in Fire Science or Business management. The amount of reimbursement will be paid by grades:

 

A         -           100% reimbursement

B          -           90%   reimbursement

C         -           80%   reimbursement

         Below     C          -           no reimbursement

 

In a pass or fail grade course, a passing grade will be reimbursed at 100%.

 

Upon completion of a course/s, it is the responsibility of the employee to fill out a “School Reimbursement” form.  The form will then be submitted along with copies of the grade and official receipt of payment. Prior to any reimbursement, the form and documents will be submitted to the Training Officer and then to the Chief for final approval.

 

If a firefighter voluntarily leaves his employment with the Department within twelve months of having received tuition or training reimbursement, he will be obligated to repay the Department for the entire amount of said reimbursements.

 

The District will reimburse employees seeking a Bachelor’s degree at the current Edison Community College rate. The degree must be job-related and recognized by the State Fire College. Classes will be limited and must be approved by the chief or his designee.

See Article 28, Education Reimbursement, of Union Contract

 

Policy 2.8 (2) Incentive Compensation

 

 

1.      E.M.T.                                                $   .50/hr

2.      F.O.1.                                                 $   .50/hr

3.      Instructor                                             $   .50/hr

4.     Associate Degree                                  $   .50/hr

5.     Paramedic                                             $  1.00/hr

6.     State Certified Pump Operator              $   .25/hr

7.     Fire Inspector                                       $   .50/hr

8.     F.O.II                                                  $   .50/hr

9.     HazMat Tech                                       $   .50/hr

10.   Water Rescue Ops                               $   .50/hr

11.   Rope Rescue Ops                                $   .50/hr

 

Florida E.M.T. certificate (Revision, 9/23/2009).

 

certificate.

 

 

 

Certificate. (It is understood that the employee may receive

incentive compensation pay for either E.M.T or Paramedic but

not both.

 

required for testing and must pass the State of Florida State Fire

Marshals office examination to become a certified Pump Operator.

 

The above incentives shall be paid at an hourly rate. The employee will register all necessary paperwork with the administration office. All new incentives will be paid closest pay period after the documents have been filed. Incentive hourly rates will be subject to any pay increases with the employee’s hourly wage.  If an employee loses the certification or terminates employment for any reason incentive pay will cease immediately.

See Article 28, Reimbursement, of Union Contract

 

 

Policy 2.8 (3)   Attending Classes During Working Hours

 

Any employee of the North Fort Myers Fire Control District attending classes, schools or any educational function during normal working hours will wear the proper department uniform. You are

expected to return to your normal duty station immediately following dismissal of class, unless authorized by the Chief or his designee.

 

Every effort should be made to schedule classes during off-duty time and prior approval must be obtained if this is not possible. This does not apply to district approved over-night events.

 

 

Policy 2.8 (4)   Per Diem and Travel Expense Policy  

     

This policy establishes the process and procedure for per diem and travel reimbursement of authorized members on official business and performing official duties on behalf of the District.

 

  1. Authorization Process

 

    1. All travel must be authorized and approved by the Chief or his designated representative of the District, from whose funds the traveler is paid. The Chief or his designee shall not authorize or approve such request unless it is accompanied by a signed statement by the traveler’s supervisor stating that such travel is on the official business of the District and also stating the purpose of such travel.  Reference: FS 112.061(3)(A).

 

    1. Permission to Travel Forms:  All authorized persons shall complete and submit a School Request form to the Chief or his designee at least ten (10) business days prior to the date of travel, if possible. In addition to the School Request form, any trip that requires travel expenses shall have a “State of Florida Voucher for Reimbursement of Travel Expenses” form filled out. For information about this form see the Administrative office.

 

  1. Reimbursement Process

 

    1. Meals – Meals associated with approved travel will be eligible for reimbursement in accordance with the following maximum reimbursement rates.  Receipts must be attached in order to be eligible for reimbursement.

 

                                    1.  Breakfast           $  6.00

                                    2.  Lunch                    $ 11.00

                                    3.  Dinner                   $ 19.00

 

Alternatively, meals may be reimbursed at an allowable high rate authorized for a particular city or state by adopted federal rules and regulations.

 

    1. Hotels/Lodging – Actual hotel/lodging costs associated with approved travel will be eligible for the reimbursement in accordance with the rates pre-authorized pursuant to the Permission to Travel Form.  Any lodging costs which exceed those pre-authorized rates may be eligible for reimbursement, but only with the receipt of invoice attached and an explanation as to the reason the extra costs were incurred.

 

    1. Convention/Seminar Costs and Fees – Actual costs, including but not limited to registration, short courses, luncheons and banquets, included in the cost of conventions, seminars and other meetings are eligible for reimbursement.

 

    1. Mileage/Tolls/Parking Fees

 

1.      When a personal vehicle is used, mileage is to be reimbursed at the rate of 50.5 cents per mile (Revision 11/30/2007).

 

2.      Tolls and parking fees will be eligible for reimbursement based on actual cost with a receipt, regardless of whether a personal vehicle or District vehicle is used.

 

    1. Means of Travel – The Chief or his designee will determine the most      efficient and economical means, methods and route of travel.

 

    1. Incidentals – Incidentals will be reimbursed with a receipt, when feasible, up to $10 per day.

 

    1. Any travel claim authorized or otherwise required to be made under this policy must be contained within a Voucher Form which must contain the following statement and must be submitted to the Chief or his designee:  “The expenses set forth herein were actually incurred by the persons submitted this per diem and travel reimbursement form and whose signature appears on this form in the performance of the official duties.  I hereby verify that the expenses set forth herein are true and correct as to every written material matter”.  The expenses must be itemized and all receipts and invoices for which costs are sought to be reimbursed must be attached.  Any and all advance payments made will be deducted from the reimbursable amount.  The Voucher Form is attached hereto.

 

    1. Advance Payment

 

The Chief or his designee has the power and authority to make advance payments to any authorized traveler to cover the costs of certain expenditures when it is deemed necessary and appropriate.  Receipts and invoices must be provided and attached to the Voucher Form when it is submitted.

 

 

Policy 2.8 (5)   A.S. Degree Requirement

 

As of February 7, 1996, the current Assistant Chiefs and Captains will no longer be required to obtain an A.S. degree for their positions. Any new opening which become available for the position of Assistant Chief or Captain after this date will require and A.S. degree.

 

We strongly encourage anyone already involved in the A.S. program to continue this education.

 

 

Policy 2.8 (6)   Promotions

 

See Article 10, Promotions, of Union Contract

 

Chapter 2

Personnel Administrative Policies

Policy 2.9

Computers

 

District Computer Policy 2.9 (1)

                                     

1.      Purpose:

 

The use of computers is essential to the operations of the North Fort Myers Fire Control District (hereinafter "District"). The District is committed to providing the most up-to-date technology and

services to its employees in order to help them achieve the goals of the District. The District promotes the utilization of services available through the Internet in order to acquire information, improve their job knowledge, and access scientific, technical, and other information topics. Usage of the Internet will allow them to be able to communicate with their peers in other governmental agencies, academia, and industry to stay abreast of current trends in Fire and EMS arenas.

 

2.      Scope:

 

This policy shall apply to all employees of the District.

 

3.      Policy:

 

The objective of this policy is to establish guidelines that will promote the effective capture, retention, management, and retrieval of all data and electronic messages

pertinent to the operations of the District in compliance with public records management and retention requirements by applicable state statute.

 

It is intended to enable employees to work on department projects, training projects, and to access the Internet. Public employees must be conscious of the fact that their work is subject to scrutiny of the press and public and privacy concerns are secondary to the constitutional presumption of the openness of Florida government.

 

The purpose of this policy is to ensure that the District's electronic mail systems and Internet capabilities support the District's business functions to their full capability. This policy is not intended

to discourage the use of e-mail or the Internet to conduct District business, but rather to establish a framework for its proper use as a communications tool. Consistency, predictability and reliability

in the manner in which the e-mail system and Internet are used and in which public records are maintained within the District are the primary focuses of this policy.

 

 

 

A.     Electronic Messages:

 

Electronic messages are any communication using an electronic system for the conduct of official business internally, between other state and local government agencies, and with

constituents, vendors, clients, citizens and others in the outside world. These messages may be in the form of e-mail, electronic document exchange (electronic fax), electronic data

interchange (EDI), and multi-media communications such as voice mail and tele/video conferencing. In the policy and guideline the terms electronic messages and e-mail are used,

dependent on the context, to mean the same thing.

 

B.     Appropriate use and Etiquette:

 

E-mail use by employees and advisory bodies of the District shall be used for official use only.

 

C.     Access and Privacy:

 

§         Users should take note that the information generated on e-mail is a public record subject to public inspection and is not confidential, unless specifically cited by Statute. Section 119.011 (1), F.S., defines public records as:

 

§         All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

 

§         "Means of transmission" is the key phrase in this definition that encompasses electronic mail as a public record. The Florida Supreme Court has provided further clarification of the

      definition of a public record. The definition of public record has been interpreted to encompass all materials made or received by an agency in connection with official business, which

      are used to perpetuate, communicate, or formalize knowledge. E-mail is primarily a communicative medium; thus, records created in an e-mail system are subject to public records provisions under the scope of the Supreme Court interpretation.

 

§         Throughout the Florida Statutes, there exist numerous specific exemptions to the access and inspection requirements of the public records law. For this reason, users will be responsible for assuring that any public records which are exempt for access or inspection by Statute, will be safeguarded in a manner consistent with the practices normally provided for public records in a paper format.

 

D.     Retention of Electronic Mail:

 

§         E-mail is not considered a record series or category. It is a means of transmission of messages or information. The content of e-mail messages may vary considerably, and therefore, e-mail messages must be evaluated for content to determine the length of time the message must be retained. For example, retention schedules published by the Bureau of Archives and Records Management of the Division of library and Information Services require the retention of memoranda and correspondence for specified time periods. Transmitting such records electronically would not alter the obligation to retain these records, nor would it alter their corresponding retention periods.

 

§         Much of the communication via e-mail has a very limited administrative value. For instance, an e-mail message notifying employees of an upcoming meeting would only have value until the meeting has been, attended or the employee receiving the message has marked the date and time in his/her calendar. The user may delete these types of e-mail messages immediately after they have served their intended purpose.

 

§         In conjunction with the Department of State Office of General Counsel, the Bureau of Archives and Records Management has developed a record series entitled "TRANSITORY MESSAGES". The description and retention requirements of this record series is as follows:

 

E.      Transitory Messages:

 

§         This record series consists of those records that are created primarily for the communication of information, as opposed to communications designed for the perpetuation of knowledge. Transitory messages do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt. The informal tone of transitory messages might be compared to a communication that might take place during a telephone conversation or conversation or a conversation in an office hallway. Transitory messages are messages that would include but not be limited to: e-mail messages with short-lived, or no administrative value, voice-mail, self-sticking notes and telephone messages.

 

F.      Retention:

 

a) Record copy. Retain until obsolete, superseded or administrative value is lost.

 

b) Duplicates. Retain until obsolete, superseded or administrative value is lost.

 

As specified in Rule 1 B-24.01 0(3) of the Florida Administrative Code, records having an obsolete, superseded or administrative (OSA) retention period may be destroyed without seeking approval from the Records Analysis Section in the Bureau of Archives and Records Management.

 

It should be noted that the description of transitory messages says "e-mail messages with short-lived or no administrative value" fall into the category or transitory record. Under certain circumstances, however, e-mail messages may have a more significant administrative, fiscal or legal value, and therefore be categorized under another record series requiring a longer retention. Two basic options are available for handling messages falling into this category.

 

 

1. Message may be printed to hard copy and filed in a traditional filing system, or

 

2. Messages can be retained in an appropriate electronic filing system.

 

It will be the responsibility of the user to choose the appropriate option.

 

G.     Copy of Record:

 

Note that in most cases where e-mail communication is between a sender and a recipient, it is a generally accepted practice that the sender's copy is designated as the copy of record. In other words, it is the sender's copy to which any retention requirements should apply. Take, for example, an inter-agency memo sent via e-mail from the Administrative Office to all Department employees. The copy of record would be the copy in the Administrative Office. All other copies are merely "duplicates" and can be disposed of at will. Cases where this principle does not apply include e-mail received from other agencies or from the public.

 

H.     System Design Issues:

 

When addressing e-mail retention issues, keep in mind that the Administrative Office routinely back-up servers, and the back-up media recycled on a timetable. It is important not to rely on this back-up exclusively for e-mail messages or to store non-transitory e-mail messages on a local drive that is not routinely backed up. If non-transitory e-mail messages are to be filed electronically, the Administrative Office should be consulted and appropriate storage locations should be designated and users should be educated on classification and filing procedures so that the information will not be lost.

 

I.        Internet Usage

 

1.      Internet users are permitted to:

 

§         Access job-related information during working hours, as needed to meet the requirements of their position.

 

§         All computer resources and facilities of the District are to be used solely for authorized public service.

 

§         All copyrighted information shall be treated accordingly.

 

2.      Internet users are not permitted to:

 

§         Access, retrieve or print text and graphics information that exceeds the bounds of generally accepted standards, good taste, or ethics.

 

§         Engage in activities that in any way bring discredit to the District or individual employee.

 

§         Engage in personal commercial activities on the Internet, including offering services or merchandise for sale or ordering services or merchandise from on-line vendors.

 

§         Engage in any activity that would compromise the security of any computer belonging to the District.

 

§         The chief will have the final authority in determining appropriate versus inappropriate Internet behavior.

 

J.       User Responsibilities:

 

1.      Files obtained via the Internet may not be stored on a network server without the explicit permission of the system administrator.

 

2.      Video and voice files should not be downloaded from the Internet except when they will be used to serve a significant District purpose.

 

3.      Computer accounts passwords and other types of authorization that are assigned to individual users should not be shared with others.

 

4.      The user should assign an obscure account password and change it as it may become necessary.

 

5.      The personal computer users should be aware of computer viruses and other destructive computer programs and take steps to avoid being a victim or unwitting distributor of

      these processes.

 

6.      No games shall be loaded on the computer network. Existing games that come with the computer will remain on the computer; however, they are not to be played between the hours of 07:00-16:30.

 

7.      ALL computer usage will be in accordance with licensing agreements.

 

8.      Making copies of any software is strictly prohibited except for authorized back-up purposes.

 

9.      All software used on the computer must be approved by the District administrator. No software will be used prior to authorization.

 

10.  Any employee who suspects or is aware of misuse of Software shall immediately notify a superior officer.

 

11.  The downloading of material deemed to be pornographic or sexually explicit in nature, illegal, or pirated software will not be tolerated. Personnel downloading such material are

      subject to disciplinary action up to and including discharge.

 

12.  The District reserves the right to monitor any and all computer transactions. Use of this system constitutes consent of security monitoring. All messages created, sent or retrieved over

      the Internet are the property of the District and should be considered public information. All communications, including text and images can be disclosed to law enforcement or other

      third parties without prior consent of the sender or the receiver.

 

 

Policy 2.9 (2) Access to Computer Programs

 

In the past, some employees of this department have tried to gain access into certain computer programs which have not been designated for their use. You have been assigned network rights to programs which deal with your job functions. If you have questions about these rights, contact the Chief for clarification or an explanation of these rights.

 

Anybody trying to gain access into programs that they have not been assigned to, or any body assisting another employee to gain access into a program in which they have not been granted rights, will be suspended without pay or terminated.

 

Policy 2.9 (3)   Fire Reports

 

All structure fires and vehicle fire reports will be completed and printed prior to the end of shift. The report will then be placed in the Captain’s office. It will be the responsibility of the officer in charge to review all fire reports to ensure a completed

NFIRS report. This includes narratives; if the fire is under investigation, the rest of the report should be completed. The only thing remaining should be the cause and a conclusion by the investigator.

Everyone please keep in mind this report is made for many reasons; it tracks our number of runs, but for others it tells the fate of a family member or explains what caused the loss of their home.

 

 

 

 

Policy 2.9 (4)   Released Information

 

Any requests for reports or information from this department will be referred to the Chief or his designee. Employees are not authorized to release written information.

 

 

Policy 2.9 (5)   Department TV, DVD/VCR Policy

 

Departmental TVs and DVD/VCR players will primarily be used for operations essential to the operations of the North Fort Myers Fire Control District. It is allowable to use these devices for leisure activities however; pornographic television, DVDs or videos will at no time be played or viewed on Department property. If caught viewing pornographic material on departmental property, those personnel will be disciplined.

 

Chapter 2

Personnel Policies & Procedures

Policy 2.10

Reviewing Citizen’s Complaints

 

Any complaint received on an employee of the North Fort Myers Fire Control District shall be processed as follows:

 

 

 

 

 

 

 

 

 

Chapter 2

Personnel Administrative Policies

Policy 2.11

Grievances

 

Section 2.11 (1)          Statement of Policy

 

Any employee may use the Employee Grievance Procedure to resolve a work-related problem, which he or she believes to be unjust, inequitable or otherwise detrimental to his or her employment. 

 

The District recognizes that from time to time employees have questions or complaints concerning their employment.  It is the intent of the District that communication channels between employees

and supervisors be kept open in order to encourage employees to express their concerns and seek resolution of complaints.  These procedures are not intended to prevent an employee from first

attempting to resolve a grievance on an informal basis.  Many problems can be resolved through frank and open discussion with one's supervisor.  Accordingly, an employee must first attempt to

resolve a grievance through informal discussion with his or her supervisor and the next level of management prior to submitting a formal grievance.

 

 

Policy 2.11 (2) General Guidelines

 

The grievance procedure is most effective when matters are resolved promptly in the time limits as outlined.

 

The District will not retaliate against an employee who invokes the policy, or against any witness called to testify in a hearing or investigation.  However, an employee who knowingly files a false c

omplaint or grievance or gives false information in a grievance proceeding may be subject to discipline.

 

Every supervisor will be responsible for thoroughly understanding this policy and for explaining the policy to employees under their supervision.  The Fire Chief has the coordinating, counseling

and administrative responsibility for this policy.

See Article 12, Grievances, and Article 13, Arbitration of the Union Contract

 

Chapter 2

Personnel Administrative Policies

Policy 2.12

Sexual Harassment

 

The North Fort Myers Fire Control District is committed to maintaining a work environment free of sexual and other harassment.  The District will not tolerate harassment of any of its male or female employees, supervisors, co-workers, vendors, customers, or anyone else.  All personnel are responsible for maintaining a workplace that is free of harassment and intimidation. The District is committed to promptly and thoroughly investigate all complaints of harassment within thirty (30) days.  If, after a thorough investigation, it is determined that harassment has occurred, immediate and appropriate disciplinary action up to discharge will be taken to end the harassment.  Appropriate follow-up steps will be taken to ensure that the harassment has stopped.

 

The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as follows:

 

Quid Pro Quo - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute quid pro quo when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment and, or (2) submission or rejection of such conduct by an individual is used as the basis for employment decisions affecting an individual.

 

Hostile Environment - Is one which unwelcome sexual advances, requests for sexual favors and verbal or other conduct of a physical nature occur and when such conduct has

the purpose or effect of unreasonably interfering with an individuals work performance or

creating an intimidating, hostile, or offensive work environment.

Unwelcome advances, requests for favors and any other physical, verbal or visual conduct of a nature constitute harassment when:

 

  1. Submission to the conduct is an explicit or implicit term or condition of employment or continued employment; or

 

  1. Submission to or rejection of the conduct is used as a basis for employment decisions affecting an employee, such as promotion, demotion or evaluation; or

 

  1. The conduct has the purpose or effect of interfering with an employee's work   performance or creating an intimidating, hostile or offensive work environment.

 

Harassment may include, but is not limited to: 

 

  1. Unwelcome sexual propositions;

 

  1. Sexual Innuendo;

 

  1. Sexually suggestive remarks;

 

  1. Vulgar or sexually explicit comments, gestures or conduct;

 

  1. Offensive comments, conduct, Sexually oriented kidding, teasing or practical          jokes based on gender, race, religion, disability, or other protected characteristic;

 

  1. Physical contact such as brushing against another's body, pinching or patting.

 

  1. The publication, including documents (including pictures and text) in the workplace that contain any material that is of an offensive nature based on race, national origin, religion, gender, disability or other protected characteristic.

 

  1. Using the computer to access any web site, news group, CD, floppy disk, or any other resource, that contains material that is of a sexual nature based on any protected characteristic.
  2. Harassment may occur when the intended target of the conduct is not offended, but others reasonably find the conduct to be intimidating, hostile, or abusive.

 

Complaint and Investigation Procedures for Harassment

 

a)      Initial Complaint-Any employee who believes he or she has been the subject of sexual or other harassment   must report the alleged act immediately to his or her

supervisor, or one of the individuals designated to receive such complaints. If a

complaint involves a supervisor or one of the designated individuals, the complaint shall be filed directly with the Administrative Chiefs. If the complaint involves the Fire Chief, it shall be reported to the Commission Chairperson. Employees are not expected to report harassment to the person they believe is harassing them.

 

b)      Confidentiality and Timeliness-All complaints will be handled in a timely and confidential manner consistent with public records and the sunshine laws. Anyone involved in a complaint will be instructed not to discuss the subject outside the investigation. Personnel violating confidentiality are subject to immediate discipline. Communications will be made to others only on a "need to know" basis. The purpose of this provision is to protect the confidentiality of the employee who files the complaint, to encourage the reporting of any incidents of sexual harassment, and to protect the reputation of any employee wrongfully

charged with sexual harassment.  All investigations will be completed within thirty (30) days.

 

c)      Nature of Investigation-Investigation of a complaint will normally include conferring with the parties involved and any named or apparent witnesses.  All persons who participate in such an investigation shall be protected from coercion, intimidation, retaliation, interference or discrimination for filing a complaint or participating in an investigation.

 

d)      Conclusion of Investigation-Employees shall be given an impartial and fair determination. If, after a thorough investigation, it is determined that sexual or other harassment has occurred, immediate and appropriate disciplinary action up to and including discharge will be taken to end the harassment.  Appropriate follow-up steps will be taken to ensure that the harassment has stopped.

 

Chapter 2

Personnel Administrative Policies

Policy 2.13

Progressive Discipline Policy

 

Policy 2.13 (1) Statement of Policy

 

This policy describes the procedures for administering fair and consistent discipline for unsatisfactory conduct (violation of rules, regulations, policies, procedures, etc.) at the North Fort Myers Fire Control District. By using progressive discipline, we hope that most employee problems can be corrected at an early stage, benefiting both the employee and the District.

 

We believe it is important to make sure that all employees are treated fairly and that disciplinary actions are prompt, consistent, and impartial. The major purpose of a disciplinary action is to correct the problem, prevent it from happening again, and prepare the employee for satisfactory performance in the future.

 

See Article 9, Management Rights, of the Union Contract

 

Policy 2.13 (2) Corrective Actions

 

Disciplinary action may be any of the following four steps: There may be circumstances when one or more steps are bypassed.

 

1.                  Documented Oral Reprimand (warning) - This is the least severe corrective action.  Its purpose is to help an employee who behaves improperly to recognize the deficiency and take corrective measures.  The supervisor should meet with the employee to discuss the nature of the improper behavior and the action necessary to

correct the problem.  The employee shall acknowledge the documented oral reprimand by signing and dating the form. 

 

2.                  Written Reprimand - The written reprimand is considered to be more severe than the oral reprimand.  Its purpose is also to help an employee who behaves improperly to recognize the deficiency and take corrective measures.  The written reprimand should be given to the employee in a meeting.  The employee shall acknowledge receipt by signing and dating the form. 

 

3.                  Suspension - A suspension is the action taken to temporarily relieve an employee of duties and place him/her on leave without pay.  Like written reprimands, this form should be completely filled out by the supervisor or higher authority and should describe the specific incident prompting the corrective action.  All suspensions require approval of the Fire Chief or his designee prior to becoming effective.  After approval, the notice of suspension must be given to the employee.  The employee shall acknowledge receipt by signing and dating the form. 

 

4.                  Dismissal - Dismissal is the action taken against any employee to terminate his/her employment with the District.  As it is the final and most severe form of corrective action, all actions to dismiss an employee must be investigated and reasonably substantiated prior to final action.

 

5.                  Employee Records-Once a corrective action has been taken, the document shall include the specific performance problem, expected performance standards and a planned solution for the problem. The employee may also add comments to the document. The original copy of the document will then be placed in the employee's personnel file and a copy shall be provided to the employee. This record will become a permanent part of the employee's record and will never be physically

            removed from the personnel file.

 

In very serious situations where conduct is of a severe or gross nature, some types of

employee problems may justify either a suspension, or, in extreme situations, termination of employment, without going through the usual progressive discipline steps.

 

See Article 11, Discharge, of the Union Contract

 

Chapter 2

Personnel Administrative Policies

Policy 2.14

Termination of Employment and Discharge

 

Policy 2.14 (1) Termination of Employment

 

Termination of employment includes:

 

(a)    Voluntary

 

            An employee leaving the District voluntarily is expected to give reasonable notice of two weeks to his or her supervisor, allowing sufficient time to complete outstanding tasks and for a replacement to be found.  An employee terminating voluntarily shall receive payment for unused accrued personal leave to the date of termination. The District will advise the employee regarding his or her rights to continue insurance coverage at his or her expense under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), 29 U.S.C.A. § 1161 et seq.

 

(b) Involuntary

 

            An employee may be dismissed from the District's service in accordance with Policy 2.13, Discipline.  An employee whose employment is so terminated shall be entitled to payment of unused accrued personal leave to the date of termination. The District will advise the employee regarding his or her rights to continue insurance coverage at his or her expense under COBRA.

           

 

Policy 2.14 (2) Discharge

 

During the first twelve months of their employment with the District all employees are considered to be probationary, meaning in part that they are subject to discipline, up to and including dismissal. During

the first 12 months, employees may grieve up to the Chief, but not arbitrate, and the Chief’s decision is final.

 

In any grievance involving a discharge, either the Union or the District may, upon written notice, require the grievance to go directly to arbitration without going through the preliminary steps in the grievance procedure.

 

The following list of causes may be deemed reasons for just cause discipline:

 

  1. Drinking or being under the influence of intoxicants, controlled substances or hallucinogens during duty hours.
  2. Dishonesty
  3. Fighting on duty or in uniform between employees of the Department
  4. Insubordination
  5. Violation of a publicized employment rule or regulation
  6. Addressing management personnel in a disrespectful manner
  7. Proven substandard work performance
  8. Failure to abide by prescribed standards as to personal appearance, sanitation or safety
  9. Any physical condition which impairs the employee’s ability to perform all the duties of his/her job at a satisfactory level on a permanent basis, or for a projected period of time exceeding allowable leave of absence.
  10. Habitual tardiness
  11. Unauthorized use of employer’s property
  12. Unauthorized use of employer’s premises
  13. Having two unreported absences, or unexcused absence, or a combination of both

during a period of one (1) year, except in case of an emergency.

 

See Article 11, Discharge, of the Union Contract

Chapter 2

Personnel Administrative Policies

Policy 2.15

General Rules and Regulations

 

General Rules and Regulations                                                       

 

1.      Knowledge of fire Department Regulations- Every member or employee of the Department shall have a copy of the Rules and Regulation of the North Fort Myers Fire Control District. Such copies shall remain the property of the Department and shall be returned to the Department when a member separates from the organization. Every member or employee shall be familiar with the provisions thereof, and shall insert in their copy all changes as they occur.

 

2.      Effectiveness of Orders- All General Orders, Special Orders, Memorandums or other orders printed upon authorized Department forms that have been signed by the Chief, shall have the same force and effect as has Department Regulation. Every verbal order by a superior, properly issued, shall have the same force and effect as has a Department Regulation unless there is a conflict of orders.

 

3.      Employee Responsibility – Each employee of the District shall be responsible for strict compliance with these Rules and Regulations for maintaining discipline and morale, for prompt reports for obedience to orders of supervisors for performing his duty fully and properly and for the honest and efficient conduct and administration in every respect of his official position.

 

4.      Knowledge of Identity of Superior Officers- It shall be the duty of every member or employee of the Department to know the identity of his superior officers.

 

5.      Duty to Report Information-It shall be the duty of every member or employee of the Department to report to his commanding officer any information given to him in good

       faith by any citizen regarding matters that indicate a need for Fire Department action.

 

6.      Assistance to Fellow Members-Members or employees of the Department are expected to be firm and calm in their actions at all times and in times of peril shall act together to protect each other from danger. A member or employee who shirks form danger or responsibility when duty requires that he meet it shall be deemed unworthy of a place in the Fire Department.

 

7.      Duty to obey – Every member of the District shall promptly obey, without reservations, the regulations of the District and all the lawful orders of a supervisor or superior officer and shall conduct his or her personal and official life so as to bring credit to the District.

 

8.      Civility – All personnel of the District shall be civil, orderly, diligent, discrete, courteous, and patient as a responsible person is expected to be in any situation, and shall not engage in any altercation, physical or otherwise, whether on duty or not, with any member or employee of the District.

 

9.      Questions of citizens – All personnel of the District shall answer questions from citizens in a courteous manner and, if unable to supply an answer, shall make every effort to obtain the answer for the citizen.  An employee of the District shall avoid argument and without hesitation give his name and rank in a courteous manner to any person who so requests.

 

10.  Truthfulness – An employee of the District shall speak the truth at all times and under all circumstances.  In cases in which he/she is prohibited by regulations of the District to divulge facts within his or her knowledge, he or she will decline to speak on the subject.

 

11.  Profanity – Profanity or indecent language is prohibited.

 

12.  Abusive Language – Seniors shall always be just, dignified, and firm in their relations with subordinates, and will refrain from violent, abusive, or immoderate language in giving orders and directions.

 

13.  Conduct or speech – Employees shall avoid conduct or speech that is subversive to good order and discipline.  They shall treat each other with the utmost courtesy and respect and at all times refrain from making any derogatory remarks concerning each other.  They shall direct and coordinate their efforts to establish and maintain the highest level of efficiency, morale, and achievement.  They shall conduct themselves in such a manner as to bring about the greatest harmony among the various units in the District.

 

14.  Criticism and gossip – Members and employees shall not destructively criticize the District or its policies, programs, actions, officers, or perform any acts or make any written or oral statements which tend to bring them in to disrepute or ridicule, or

which tend to interfere with the reasonable supervision or proper discipline of the District.  Employees shall not gossip about any other member or employee to his/her discredit, whether the subject is true or false.  Members having a grievance against any policy, procedure or other employee shall take the matter up through the official channels.

 

15.  Respect – While on duty, in uniform or out of uniform, a member or employee shall display courtesy and respect toward all superior officers of the District, addressing them by their rank and last name.

 

16.  Conduct at emergency scenes – Members of the District shall conduct themselves quietly and efficiently at emergency scenes.  Shouting or boisterous language will not be permitted. When a member or employee of the Department is off duty and responds to a fire or emergency, the employee will be sober and be in full turn-out gear, which includes shirt and long pants. Anyone not complying with these orders will be told to leave the scene and could have disciplinary action taken against them.

 

17.  Conduct in quarters – All members and employees will refrain from unnecessary roughness and misuse of the District building and contents.  “Horseplay” will be strictly prohibited.

 

18.  Controversial Discussion – A member or employee of the District shall not speak derogatorily of any nationality, race or religion.

 

19.  Official business confidential – Members and employees of the District shall treat as confidential and official, all business of the District.  They shall not impart the same or any part hereof to anyone except those for whom it is intended, or as directed by

      proper authority.

 

20.  Department Stationary – Members or employees of the District are forbidden to use the official stationary of the District or to release any written or printed report or communication that may be construed to represent an official communiqué of the District without the consent of the Chief.

 

21.  Tampering with or destroying evidence – A member or employee of the District shall not appropriate for his/her own use any property from a fire scene, fire investigation for fire inspection, nor convert to his own use any property held by the District for evidence.

 

22.  Marking or Defacing evidence – A member or employee of the District shall not mark, alter, deface, or mar any printed or written notice, memorandum, general order or directive relating to the District business.  A member or employee shall not mark, alter, deface or mar any notice posted on any bulletin board or blackboard maintained

      by any of the divisions and stations of the District.

 

23.  Posting personal notices – A member or employee of the District shall not post any

personal notices of a derogatory nature regarding any member or employee or company of the District.  Bona fide and legitimate personal notices shall be posted on bulletin boards only with prior review and initialing by the Chief or his designated representative.

 

24.  Consorting with criminals – A member or employee of the District shall not consort with convicted criminals, nor with persons of questionable character that may prove to bring discredit to the District or any of its members.

 

25.  Members’ observance of Fire Codes – Members of the District shall observe and report any and all infractions of the State of Florida Fire Codes and ordinances of the County of Lee that pertains to the District.

 

26.  Insurance investigation – A member or employee of the District shall not give any testimony or statements to an Insurance Investigator concerning fires without the permission of the Chief.

 

27.  Withholding evidence – A member or employee of the District shall not fabricate, withhold or destroy any evidence of any kind.

 

28.  Outside employment – See Article 17, Outside Activities, of Union Contract

      Employees of the District will not conduct a personal business or engage in any

      outside employment work while on duty including, but not limited to, telephones  or

      in person. Also, employees will not be permitted to wear or carry pagers unless

      issued by the District.

 

29.  Appointment to the DistrictSee hiring policy

 

30.  Visitors – See Article 26, Visitation, of Union Contract

 

31.  Schooling – See Articles 28, Education Reimbursement, and Article 29, Incentive Compensation, of  Union Contract

 

32.  Physical Examination – See Article 24, Annual Physical Exam, of Union Contract

 

33.  Responsibility for District Property – The employee using any District property shall be responsible for the safe keeping and proper use of the property during the time that

the employee has control of the property, and he/she shall return the property upon demand of the proper authority.

 

34.  Care of District Property-Every member and employee of the District shall make every effort to conserve the physical resources of the District. Negligence in the use and care of the District property, abuse, misuse, willful or negligent loss or destruction is not only cause for District punitive measures, but also requires restitution. In more serious cases, such malfeasance may incur the liability for prosecution in the Courts.

 

35.  Lost or Damaged District Property – Members or employees of the District shall promptly report in writing to their superior officer, the loss, damage or unserviceable condition of any District property assigned to them or under their control.  The superior officer shall forward the report to the Chief through the proper channels.

 

36.  Separation from the District/Resignation – In order to resign in good standing with the District, you must give notice in writing to your superior officer at least fourteen (14) working days prior to the effective date of resignation.  Failure to do this will result in denial of reemployment rights unless the superior office, with the approval of the Chief, feels exceptional circumstances arrant such exemption.         

 

a)      Resignation – In order to resign in good standing with the District, you must give notice in writing to your Superior officer at least fourteen (14) days prior to the effective date of resignation, failure to do this will result in denial of reemployment rights unless the superior officer, with the approval of the Chief, feels exceptional circumstances warrant such exemption.

b)      Dismissal – See Article 11 Union Contract       

c)      Reinstatement – Reinstatement of separated employees shall be done at the discretion of the Chief

 

37.  Seniority – See Article 6, Seniority,  of  Union Contract

 

38.  Telephone Requirements – Within one (1) month after initial appointment to the District, each member or employee will acquire telephone service and shall keep

      Administration informed of the home address and telephone number.

 

39.  Representing the District – A member or employee of the District shall not give a lecture, demonstration, or represent the District in any way at any club or gathering without first receiving the permission from the Chief.

 

40.  Commendation – Whenever a member or employee of the District is commended by a citizen for outstanding service, a copy of the letter of commendation shall be maintained in the office of the Chief. Should a member receive such a letter directly from a citizen, he shall forward same to the Chief of the Department.

 

41.  Intra-Departmental Communications – All exchanges of official information transactions and correspondence within the District is required, with few exceptions, to reduce to writing any intra-departmental communications of an official nature.  Such correspondence shall be in the form of a memorandum.  Letters from members or special reports addressed to the Chief of the District shall be substantially formed as “TO, FROM, SUBJECT” in the interest of uniformity.

 

42.  Lounging of undesirables- There shall be no allowances made for lounging about the stations or District property for undesirable or intoxicated persons nor shall they bed or room be occupied by any persons not a member or employee of the District and not assigned to and on duty at the station, except by permission of the Chief of the District.

 

43.  Impartial Treatment of Members and Employees – Members and employees shall be treated impartially in assignment of duties and otherwise.  Prejudice on account of religion, politics or color will not be tolerated nor shall unfair advantage be taken of a subordinate because of his obligation to obedience.

 

44.  Comfort of Members and Employees – The comfort and convenience for members and employees shall be given consideration and promoted in every reasonable way consistent with the Rules and Regulations and fulfillment of the District’s obligation to the public.

 

45.  Firearms – Authorization shall be received from the Chief of the District before firearms or fireworks will be permitted at the stations. At no time will ammunition accompany a weapon.

 

46.  Bulletin Boards – It is the responsibility of each member or the District to keep themselves familiar with all information posted on the bulletin board at each station.

 

47.  Hazing – Hazing or kangaroo courts which involves bodily contact between participants is strictly prohibited.

 

48.  Dormitory Lights – Dormitory lights shall be turned off at 2300 hrs when beds are

occupied.  Small reading lamps are permitted if the do not interfere with any member    trying to sleep.

 

49.  Personal Telephone Calls – Personal telephone calls and conversations will be held to a five (5) minute limit. Personal telephone call shall be refused for members during class time and before 10:00 hours unless stated by the caller that it is an emergency. Friends and relatives shall be informed of the working schedule during the day and have them refrain from calling during this time.

                                   

50.  Answering District Telephones-All members and employees shall answer telephone calls on the District telephones at the stations and offices in the District by stating their name, title and station.

 

51.  Parking of personal vehicles – Parking of personal vehicles of members and employees, their families and friends shall be limited to designated areas, but shall be prohibited in the following areas: In front of any door or on any ramp which may impede the movement of any fire apparatus.    

 

52.  Use of Tobacco Products-See Article 23, Use of Tobacco Products, of Union Contract

 

See Article 8, Rules and Regulations, of Union Contract

 

Chapter 2

Personnel Administrative Policies

Policy 2.16

Ethics and Conduct

 

We expect North Fort Myers Fire Control District employees to be ethical in their

conduct. It affects our reputation and success. The District requires employees to carefully follow all laws and regulations, and have the highest standards of conduct and personal integrity.

 

Our continued success depends on our customers' trust. Employees owe a duty to the District and our customers to act in ways that will earn the continued trust and confidence of the public.

 

As an organization, the District will comply with all applicable laws and regulations. We expect all directors, officers, and employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to not do anything that is illegal, dishonest, or unethical.

 

If you use good judgment and follow high ethical principles, you will make the right decisions. However, if you are not sure if an action is ethical or proper, you should discuss the matter openly with your supervisor.

 

It is the responsibility of every District employee to comply with our policy of business ethics and conduct. Employees who ignore or do not comply with this standard of business ethics and conduct may be subject to disciplinary action, up to and including possible termination of employment.

 

 

 

 

PRIVATE Chapter 3

Operations

Policy 3.1  

Daily Activities

 

Policy 3.1 (1)   Shift Exchange and Shift Change

 

a)      Attendance and punctuality-We expect District employees to be reliable and punctual. You should report for work on time and as scheduled. If you cannot come to work or you will be late for any reason, you must notify your supervisor as soon as possible. Unplanned absences can disrupt work, inconvenience other employees, and affect productivity. If you have a poor attendance record or excessive lateness, you may be subject to disciplinary action, up to and including termination of employment.

 

See Article 11, Discharge of Union Contract

 

b)      Those employees who wish to use stand-by firefighter for the morning part of the shift, must call the on-duty Captain at station one prior to, and give the name of the said employee. If you do not follow the above guidelines and you are not at your stations by 07:00 hrs, you will be considered late for work and a disciplinary form will be filled out. In addition, those employees who are designated stand-ins will be at the appropriate station by 07:00 hrs.

 

c)      Captains may exchange shifts with another Captain only.

 

d)      Working out of Classification- See Article 20 of Union Contract

 

e)      On-coming employees must report in, via radio, to the captain at Station One by 0700 hrs.  This will be accomplished on “North Ops” channel.

 

f)        Captains will report for duty at 07:00 hours. The change will require an ongoing Captain to call into Station one prior to 06:45 A.M. to check his or her roster. This will allow the captain to coordinate with the on-duty Captain and shift his personnel accordingly. This change will require communications between both Captains at station one. The Department will create a shift roster or schedule on our website. Once this is accomplished, if a duty roster changes due to someone calling in sick, the Captain who receives the call will go in the update the roster. This procedure will allow the Captain to check his or her roster at all times. We believe that this change can work for both the department and for our officers. The process is new and we will learn as we go. If we discover different methods that may be more effective, we will change them. Personnel that are coming on duty will now report to the on-duty Captain. Captains, please keep in mind that if we do not communicate and work together, this will not work. A failure could result in improper staffing and also lead to confusion. We do not want to have an employee needlessly running back and forth from station to station due to a lack of communication.

 

g)      Captains will base station staffing using the following chart:

 

Number of Personnel  Sta. 1               Sta. 2               Sta.3                Sta.4

17                               5                      4                      4                      4

16                               4                      4                      4                      4

15                               4                      4                      3                      4

14                               4                      4                      3                      3

13                               4                      3                      3                      3

12                               3                      3                      3                      3

The chart above is the only approved staffing that will be used (Addition, 9/23/2009).

 

h)      See Article 14, Shift Exchange, of Union Contract

 

Off going shift shall ensure:

 

 

           

 

 

 

 

 

 

 

 

Policy 3.1 (2)   Shift Activities

 

In order to promote more uniform shift activities and duties, the following sequences will be observed under usual circumstances:

 

0700    Truck check

 

a)      Personnel in the position to drive District vehicles are required to carry, on their person, their valid Florida driver’s licenses while on duty. 

 

b)      Water level in tank and thorough inventory of supplies.  Vehicles will be inspected using truck check out sheets. Annotate and correct any discrepancies. Report any discrepancies you are unable to correct to your immediate supervisor. As with any piece of equipment a “Repair Order” form must be filled out. Personnel reporting any needed repairs or lost equipment must fill out and sign the form. The order will be given to the shift Captain. The Captain will sign

 

the received form and return a copy to the employee. It is the Captain’s responsibility to see that the repair is made. If he cannot have the repairs made, he will forward the report to the Assistant Chief of Operations.

 

c)      Apparatus will be cleaned after inspection.  This will include washing and drying the exterior and sweeping the interior.  The apparatus will be maintained throughout the shift.

 

0730    Appropriate radio check of all radios (vehicle and hand-held) using designated radio check out sheet. Each day all radios must be properly accounted for and logged.

 

0800    Upon completion of vehicles, daily station maintenance and clean-up will commence. Other daily activities will follow that may include but not limited to: Training, hose testing or rotation, ladder maintenance, pre-fire planning, hydrant maintenance and/or other designated activities.

 

 

Policy 3.1 (3)   Cleaning of Equipment and Apparatus

 

This department takes pride in the appearance of all of our equipment and will continue to do so. All equipment and apparatus will be cleaned and checked out when tour of duty starts. No matter what time of day or night it is, any equipment used on an emergency or non-emergency, will be cleaned and prepared for a future response, this includes the trucks.

 

 

Policy 3.1(4)    General Daily Clean-up

 

General daily clean-up includes but not limited to:

 

a)      Sweeping and mopping of all floors. Carpeted floors will be vacuumed.

b)      Cleaning and disinfecting of all toilets and urinals.

c)      Properly cleaning any spilled or leaked fluids off bay floor. Picking up any trash or improperly placed items off the bay floor.

d)      Sweeping and washing of bay floor.

e)      Blowers to be used on aprons only.

 

 

Policy 3.1 (5)   Station Clean-up Policy

 

This list is designed to ensure that all areas of the stations are thoroughly cleaned at least once each week along with daily operations.

 

 

 

1)      Monday-Work benches cleaned, walls cleaned, overhead doors cleaned, tool room cleaned, generators operated and tire pressures checked.

 

2)      Tuesday-Dormitories cleaned, all windows cleaned inside and outside, blinds cleaned, check air conditioner filters, floors and lights cleaned.

 

3)      Wednesday-Kitchen and dining room cleaned including floors, cabinets, shelves, appliances (refrigerator cleaned out and washed), walls cleaned, lights cleaned.

 

4)      Thursday-Bathrooms cleaned including showers scrubbed, walls cleaned, lights cleaned. Truck compartments and equipment cleaned and operated, physical fitness equipment waxed and lubricated, extrication equipment operated.

 

5)      Friday-Yard maintenance including trimming and raking, sweeping or blowing off front and rear aprons and sidewalks (aprons may be washed down instead when not on a water shortage).

 

6)      Saturday-General Daily clean-up: See policy 3.1 (4)

 

7)      Sunday-General daily clean-up

 

 

Policy 3.1 (6)   Daily Flag Maintenance

 

It will be the duty officers’ responsibility to see that the flags at each station are raised at 07:00 hours every morning and taken down at 17:00 hours every evening.

 

 

Policy 3.1 (7)   Waxing of all Vehicles

 

The first day of the