Title 116 · Chapter 116 - EMPLOYEES AND EMPLOYEE BENEFITS
Chapter 116 - EMPLOYEES AND EMPLOYEE BENEFITS
Section: 116
Sec. 114.208. - Termination of authority. Chapter 117 - GRANTS Chapter 116 - EMPLOYEES AND EMPLOYEE BENEFITS[1]
Footnotes: --- (1) ---
Charter reference— Group insurance for members and employees of school board, § 13.11; civil service, Art. 17; employee relations, Art. 19; Jacksonville Downtown Development Authority employees, § 20.08; JEA employee benefits, § 21.08.
Cross reference— Pensions and retirement, Ch. 120.
State Law reference— Right to work, Fla. Const. Art I, § 6; public employees generally, F.S. Ch. 112; government employees deferred compensation program, F.S. § 112.215; code of ethics for public officers and employees, F.S. § 112.311 et seq.; leaves of absence for service in Florida National Guard, F.S. § 250.48 et seq.; collective bargaining for public employees, F.S. Ch. 447; legal holidays, F.S. § 683.01.
PART 1. - HOLIDAYS
Sec. 116.101. - Official holidays.
(a)
The City shall observe the following days as legal holidays:
(1)
January 1 (New Year's Day);
(2)
Third Monday in January (Martin Luther King's birthday) provided that this legal holiday shall not apply to officers or employees of any independent agency of the City unless and until the board of the respective independent agency formally adopts this legal holiday as a legal holiday of that independent agency;
(3)
Third Monday in February (George Washington's birthday);
(4)
Last Monday in May (Memorial Day);
(5)
June 19 (Juneteenth);
(6)
July 4 (Independence Day);
(7)
First Monday in September (Labor Day);
(8)
November 11 (Veterans Day);
(9)
Fourth Thursday in November (Thanksgiving);
(10)
Fourth Friday in November (the day after Thanksgiving);
(11)
December 24 (Christmas Eve);
(12)
December 25 (Christmas Day);
(13)
Personal leave day.
(b)
Whenever a holiday occurs on Sunday, the following Monday shall be observed as the official holiday; and whenever a holiday occurs on Saturday, the preceding Friday shall be observed as the official holiday; provided, that when Christmas Eve falls on Sunday, the following Tuesday shall be observed as the Christmas Eve holiday and when Christmas Day falls on Saturday, the following Monday shall be observed as the Christmas Day holiday.
(c)
If the date of observance of a City holiday conflicts with the date of observance of the same holiday under federal law, the Mayor is authorized and directed to change, by executive order, the date of observance of the holiday by the City to conform with federal law.
(d)
The personal leave day provided for in subsection (a) of this Section shall be taken, if desired by the employee, at a time mutually convenient to both the employee and the head of the department in which he is employed. Only one personal leave day shall be available to an employee during each fiscal year and personal leave days shall not cumulate from year to year. Personal leave day shall be a holiday and shall not be charged against vacation or sick leave, but shall be noted on the City's time and attendance reports.
(e)
Whenever, in any collective bargaining agreement approved by the Council and in force and effect, a schedule, enumeration or list of holidays is established or appended and the terms of the agreement provide that the scheduled, enumerated or listed holidays are the holidays to be observed by the bargaining unit covered by the agreement, then the scheduled, enumerated or listed holidays shall be the official holidays for the bargaining unit instead of the holidays established in subsection (a) of this Section. If a collective bargaining agreement provides that one or more days mentioned or described therein are in lieu of one or more holidays established in subsection (a) of this Section, then the day or days provided for in the agreement shall be the official holiday or holidays; but the other holidays established in subsection (a) of this Section, not being affected by the terms of the agreement, shall continue to be the official holidays for the bargaining unit.
(Ord. 68-10-6, §§ 1, 2; Ord. 71-320-116, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-1137-545, § 1; Ord. 73-680-354, § 1; Ord. 77-1111-598, § 1; Ord. 78-1202-571, § 1; Ord. 83-591-400, § 1; Ord. 85-839-694, § 1; Ord. 86-1459-758, § 1; Ord. 95-843-460, § 1; Ord. 2021-544-E, § 1)
Editor's note— Section 2 of Ord. 86-1459-758 provides as follows: "The additional legal holiday authorized in this ordinance shall not apply to officers or employees of any independent agency of the City unless and until the Board of the respective independent agency formally adopts this holiday as a legal holiday of that independent agency."
Note— Former § 102.101.
PART 2. - VACATIONS
Sec. 116.201. - Definitions.
For purposes of this Part 2:
(a)
Employee means a regular, full-time employee of the City, who was employed prior to October 1, 1968, and who falls within one or more of the following categories:
(1)
Not subject to any collective bargaining representation and agreement;
(2)
Not subject to the Director of the Employee Services Department' pay plan;
(3)
Subject only to the Director of the Employee Services Department' pay plan;
(4)
Elected to remain subject to former policies of the City and County.
(b)
Officer means an officer of the City who is elected or appointed for a specified term.
(Ord. 68-13-102, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 78-1126-615, § 1; Ord. 83-591-400, § 1; Ord. 2011-732-E)
Note— Former § 102.201.
Sec. 116.202. - Vacations allowed officers and employees.
Except as otherwise provided by law:
(a)
Each officer shall be entitled to and shall receive ten working days' vacation leave with pay during each year of the officer's term.
(b)
Employees shall accrue vacation leave with pay according to the following schedule: EXPAND Years of Service Time per Year (working days) Upon completion of zero months through four years ..... 10 Upon completion of four years through nine years ..... 12 Upon completion of nine years through 14 years ..... 18 Upon completion of 14 years through 19 years ..... 20 Upon completion of 19 years through 24 years ..... 24 Upon completion of 24 years or more ..... 28
(Ord. 68-13-102, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 78-1126-615, § 1; Ord. 83-591-400, § 1)
Note— Former § 102.202.
Sec. 116.203. - Regulations affecting vacation leave.
(a)
If a legal holiday for the City falls within a vacation period, then no vacation leave shall be charged for such holiday.
(b)
Vacation days shall accrue biweekly to the credit of the employee at the rate per year set forth in Section 116.202. Vacation shall be earned during the first year of employment of any employee. The rate of accrual shall change to the higher rate on the first day of the pay period in which the employment anniversary occurs. Unused vacation leave shall accumulate from year to year.
(c)
Upon retirement or resignation, an employee shall take or be paid for all accrued, unused vacation leave.
(d)
Employees of the former government of the City who were employees of the City on July 16, 1971, shall be credited with vacation leave at the end of each employee's anniversary year ended in 1967 on the basis that vacation leave was earned during an employee's first year of employment. Employees of the former government of the County who were employees of the City on July 16, 1971, shall be credited with vacation leave at the end of each employee's anniversary year after October 1, 1968, in the amount the employee would have accrued if vacation leave had been computed on the basis that vacation leave was earned during the employee's first year of employment.
(Ord. 68-13-102, § 3; Ord. 70-650-526; Ord. 71-397-181; Ord. 78-1126-615, § 1; Ord. 83-591-400, § 1)
Note— Former § 102.203.
PART 3. - SERVICE RAISES
Sec. 116.301. - Service raises generally.
All regular full time employees of the City, except those who are elected by the people, shall receive for each five years of continuous service with the City a service raise. The service raise will be an amount no higher than the amount approved by City Council in any collective bargaining agreement negotiated by the City. The length of service will be computed from the employee's date of initial or adjusted employment. This increase shall be in addition to any general or special raises which may be granted from time to time.
(Ord. 70-726-381, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 78-1202-571, § 2; Ord. 78-1400-713, § 1; Ord. 83-591-400, § 1; Ord. 2023-208-E, § 5)
Note— Former § 102.301.
PART 4. - SICK AND TERMINAL LEAVE
Sec. 116.401. - Definition.
For purposes of this Part 4, employee means a regular, full-time employee of the City who was employed prior to October 1, 1968, and who falls within one or more of the following categories:
(a)
Not subject to any collective bargaining representation and agreement.
(b)
Not subject to the Director of the Employee Services Department' pay plan.
(c)
Subject only to the Director of the Employee Services Department' pay plan.
(d)
Elected, prior to April 1, 1969, to remain subject to former policies of the City and County.
(Ord. 78-1126-615, § 2; Ord. 83-591-400, § 1; Ord. 2011-732-E)
Note— Former § 102.401.
Sec. 116.402. - Sick leave.
Employees shall accrue sick leave at the rate of 15 days per fiscal year, without limitation.
(Ord. 78-1126-615, § 2; Ord. 83-591-400, § 1)
Note— Former § 102.402.
Sec. 116.403. - Terminal pay.
In addition to the sick leave benefit provided herein, each employee, upon retirement, shall be entitled to and receive terminal leave pay based on the usage of sick leave during the 20 years immediately prior to retirement in accordance with the following schedule:
(a)
Four months' pay, when ten percent or less has been used.
(b)
Three months' pay, when 20 percent or less has been used.
(c)
Two months' pay, when 30 percent or less has been used.
(d)
One month's pay, when more than 30 percent has been used.
(Ord. 78-1126-615, § 2; Ord. 83-591-400, § 1)
Note— Former § 102.403.
PART 5. - MILITARY LEAVE
Sec. 116.501. - Military leaves of absence.
This Section shall hereinafter be known as the "Jacksonville Heroes' Act."
(a)
All permanent employees who are ordered into military service pursuant to State or federal law, including those called into active military service because of National Guard or military reserve status, or those employees who, while being subject to mandatory military service, volunteer for a period not longer than their required military service shall be entitled to military leaves of absence. An employee who is entitled to reemployment under federal and State law and who applies for reemployment within the timeframe required by federal and State law after termination of active service shall be entitled to:
(1)
The reemployment rights prescribed by federal and State law.
(2)
All rights, privileges and benefits accorded the employee under any pension fund of the City of which the employee was a member immediately prior to the commencement of a military leave of absence, which rights, privileges and benefits will accrue and be maintained during such military absence to the same extent as if the employee had continuously served as a City of Jacksonville or JEA employee.
(3)
The rights and benefits described in paragraphs (b) through (g) below, all of which shall be subject to the terms and conditions of subsection 116.501(a).
(b)
During any period, of at least 30 days, of active full-time duty under U.S.C. Title 10, the employee who is entitled to military leave of absence will remain on the active payroll of the City of Jacksonville or the JEA for a period of up to 90 days following his or her departure for active duty, with the exception of employees who are also elected officials of Duval County. Duval County elected officials who are on active full-time duty under U.S.C. Title 10 and who are entitled to military leave of absence will remain on the active payroll of the City of Jacksonville or the JEA for a period of 30 days following his or her departure for active duty. During any other period of military leave, the employee who is entitled to military leave of absence will remain on the active payroll of the City of Jacksonville or the JEA for a period of up to 30 days following his or her departure for active duty.
(c)
Following the foregoing 30-day or 90-day period, the City of Jacksonville and the JEA will provide employees entitled to military leave of absence with supplemental payments in the amount necessary to bring their total compensation, inclusive of their military pay, to the level of base pay plus Service Pay, City Education Pay, State Incentive (Basic, Career and Education), EMT Certificate Pay, Paramedic Certificate Pay, Fire Inspector Certificate Pay, ASE Certification Pay, Planner Certification Pay and A&P Inspection Certification Pay and other Special Incentive Pay as determined by the Director of Employee Services for which they were eligible and were being paid at the time they were called to active military duty.
(d)
In addition the City/JEA shall pay activated employee-reservists all amounts provided as pass-through incentive payments from the State or federal government. Such payments to employees shall be terminated if not paid to the City/JEA by the State or federal government.
(e)
Employees entitled to such military leave of absence may elect also to receive a lump-sum payment from accrued annual, vacation, retirement or sick leave banks for an amount equal to the number of days specified in the orders to active duty up to a maximum of 90 days, or the maximum amount of accrued leave, if less than 90 days.
(f)
Employees entitled to such military leave of absence, and their covered dependents, will continue to be covered by the City or JEA health insurance plans under the same terms and conditions as other employees on approved leaves of absence.
(g)
Employees entitled to such military leave of absence who are active members of the General Employees Retirement Plan, the Corrections Officers' Retirement Plan, the Police and Fire Pension Plan, the General Employees Defined Contribution Plan, the Corrections Employees Defined Contribution Plan, or the Police and Fire Employees Defined Contribution Plan will continue to receive all benefits under said plans in accordance with this Section and applicable federal and State law. While absent on such military leave, such employees shall not be required to make contributions to any such plan of the City, except for those contributions that originate from the employees' use of annual leave balances during such military leave of absence and from compensation wherein the employees are allowed to remain on the active payroll for the period of up to 30 or 90 days following the departure for active duty. Additional contributions by the City, if any, shall be ascertained and included in the biennial certification of the appropriate Plan's enrolled actuary.
(h)
In computing the length of service of the employee for purposes of job qualifications and voluntary retirement, the employee shall be given full credit for the period of the employee's military leave of absence to the same extent as if the employee had continuously served as a City or JEA employee during the period of military leave of absence. However, the employee shall not be entitled to any additional pension or other benefits related to such period of military leave, except as set forth in this Section.
(i)
The respective Boards of the General Employees and Corrections Officers' Pension Fund and the Police and Fire Pension Fund shall make such rules as they deem necessary or desirable for the effective and efficient administration of this Section.
(j)
Any City or JEA employee, with the exception of employees who are also elected officials of Duval County, who has a minor dependent child or a disabled adult dependent child, and whose spouse is ordered into military service pursuant to U.S.C. Title 10 for a period of at least 30 days, shall be granted 40 hours of paid special leave each calendar year to care for the dependent(s) during the deployment.
(k)
For purposes of this Section 116.501, employee means and is limited to probationary or permanent full-time employees and officials of the City or JEA. The rights and benefits of all other employees of the City or JEA related to military service shall be limited to the rights and benefits required under federal and State law.
(l)
This Section is intended to supplement, but not limit, benefits mandated by other federal or State laws.
(Ord. 68-11-107, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2002-1213-E, § 3; Ord. 2003-428-E, § 1; Ord. 2024-120-E, § 1)
Note— Former § 102.501.
PART 6. - ANNUAL LEAVE
Sec. 116.601. - Definition; employee option.
For the purpose of this Part 6, employee means a permanent, probationary, provisional or appointed employee of the City or of the Duval County Hospital Authority, other than physicians, who was employed on or after October 1, 1968, and who falls within one or more of the following categories:
(1)
Not subject to any collective bargaining representation and agreement.
(2)
Not subject to the Personnel Manager's pay plan.
(3)
Subject only to the Personnel Manager's pay plan.
(4)
Employed by the City or the County prior to October 1, 1968, and who elected prior to April 1, 1969, not to remain subject to the former policies of those governments.
(Ord. 78-1126-615, § 3; Ord. 83-591-400, § 1)
Note— Former § 102.601.
Sec. 116.602. - Schedule of accrual.
(a)
An employee shall accrue annual leave with pay during a fiscal year in accordance with the following schedule: EXPAND Years of Service Time per Year (working days) Upon completion of zero months through four years ..... 20 Upon completion of four years through nine years ..... 23 Upon completion of nine years through 14 years ..... 26 Upon completion of 14 years through 19 years ..... 29 Upon completion of 19 years through 24 years ..... 32 Upon completion of 24 years or more ..... 35
(b)
With respect to the employees classified as fire chiefs and included in the managerial and confidential group of employees in the Public Safety Department, who work 56 hours each week:
(1)
Effective April 1, 1983, the rate of accrual of annual leave under subsection (a) of this Section shall be increased by an additional two hours each week.
(2)
Effective September 30, 1983, the rate of accrual of annual leave under subsection (a) of this Section and paragraph (1) of this subsection shall be increased by a further two hours each week.
(Ord. 78-1126-615, § 3; Ord. 82-1053-501, § 1; Ord. 83-591-400, § 1)
Note— Former § 102.602.
Sec. 116.603. - Regulations affecting annual leave.
(a)
Administrative procedures for the use of annual leave shall be stipulated in either a management compensation program, or the Personnel Manager's job pay plan, as appropriate.
(b)
If a legal holiday for the City falls within an annual leave period, then no annual leave shall be charged for such holiday.
(c)
Annual leave days shall accrue biweekly at the rate set forth in Section 116.602.
(d)
Upon retirement or resignation, an employee shall be paid for all accrued unused annual leave.
(e)
If an employee does not use all of the annual leave accrued in a fiscal year, then the employee may be paid for the difference, or allow the difference to continue to accumulate up to a maximum of 105 days accrued annual leave.
(f)
The maximum annual leave allowed to be accrued shall be 105 days. Any excess over this amount shall either be paid to the employee or the employee may elect to place the excess days in the employee's retirement leave account, up to a maximum limit of 105 days, except that this latter option shall not be applicable to employees who are employed after November 29, 1978.
(g)
With respect to the employees affected by Section 116.602(b), the additional leave accrual authorized by that Section shall accumulate on a calendar-year basis. Each employee may use the additional leave during the calendar year or permit the additional leave to accumulate during the calendar year, or a combination of both. At the end of the calendar year, each employee may, at his option, be paid for the accumulated additional leave on an hour-for-hour basis to the extent that he has not used the leave so accumulated, or so much thereof as he desires to be paid for.
(Ord. 78-1126-615, § 3; Ord. 82-1053-501, § 2; Ord. 83-591-400, § 1)
Note— Former § 102.603.
Sec. 116.604. - Supersedure of former vacation leave policy.
On November 29, 1978, this annual leave program shall supersede the vacation leave program previously applicable to the employees herein specified. An employee who has accrued vacation leave prior to November 29, 1978, shall have all accrued vacation leave credited to the employee's annual leave account. If the credited annual leave exceeds 105 days, then the employee shall be paid for the excess, unless the employee, within 20 days of November 29, 1978, elects in writing the option provided in Section 116.603(f).
(Ord. 78-1126-615, § 3; Ord. 83-591-400, § 1)
Note— Former § 102.604.
Sec. 116.605. - Supersedure of former sick and terminal leave policy.
On November 29, 1978, this annual leave program shall supersede the sick and terminal leave program previously applicable to employees herein specified. The sick leave accrued by an employee as of November 29, 1978, shall be credited to the employee's retirement leave account in an amount not to exceed 105 days. The employee shall either be paid on the basis of one day's pay for every three days of sick leave accrued in excess of 105 days, or the employee may elect to place the excess sick leave into the employee's annual leave account in the same ratio herein provided for payment. The payment shall be made in no more than two equal annual payments.
(Ord. 78-1126-615, § 3; Ord. 83-591-400, § 1)
Note— Former § 102.605.
Sec. 116.606. - Retirement leave account.
Each employee covered by this Part or who elects to be covered by this Part, except those employees employed after November 29, 1978, shall have a retirement leave account pursuant to Sections 116.603, 116.604 and 116.605, but not to exceed 105 days. Retirement leave may be utilized by the employee pursuant to the following provisions:
(a)
Illness.
(1)
If an employee has utilized all of his annual leave and suffers an illness, then credited retirement leave may be used for such illness.
(2)
If an employee, due to an extended, continuous illness required ten or more working days for the illness, then, at the employee's option, credited retirement leave may be used for the illness.
(b)
Retirement.
(1)
For the purpose of this Section, retirement shall mean:
(i)
Retirement pursuant to full-time service requirements or early vested retirement pursuant to provisions for it in the pension funds of the City or of its former governments.
(ii)
The accrual of social security benefits for employees covered solely by social security, provided the employee has ten years' service with the City.
(iii)
Retirement of officers or employees of the City who are covered by the Florida Retirement System.
(2)
Retirement leave may be taken by an employee immediately prior to the employee's desired eligible retirement date. Retirement leave may be used either to fulfill time service requirements or, if the time service requirements have been fulfilled, to increase retirement benefits.
(3)
An employee on retirement leave shall be maintained on the regular payroll, thereby continuing to avail the employee of payroll deductions, pension contributions and insurance deductions.
(4)
While on retirement leave, an employee shall not accrue annual leave, but shall be eligible for legal holidays, and any general salary increases, but not performance or step increases.
(5)
A request to be placed on retirement leave shall be considered irrevocable.
(c)
Lump sum payment.
(1)
An employee eligible for retirement may elect to be paid for credited retirement leave in a lump sum payment on a day-for-day basis. The provisions of subsection (b)(2) of this Section shall not apply to a lump sum payment.
(2)
An employee who terminates prior to becoming eligible for retirement shall be paid for any retirement leave accredited, on the basis of one day's pay for every two days of retirement leave credited.
(3)
An employee who terminates prior to becoming eligible for retirement but who has ten years or more consecutive employment with the City shall be paid for credited retirement leave in a lump sum payment on a day-for-day basis.
(d)
Retirement leave account during DROP. Notwithstanding any provisions to the contrary contained elsewhere in this Part, members who have elected to participate in the deferred option program will have the accumulated hours of their retirement leave account governed by the following rules as a condition of DROP participation:
(1)
The number of hours accumulated in the retirement leave account will be frozen and removed from the member's record. In addition thereto, no additional hours may be transferred into the retirement leave account during the period of DROP participation regardless of the provisions of the leave plan into which the employee is enrolled.
(2)
The dollar value of the accumulated hours in the retirement leave account that is deleted from the member's record will be determined in the same manner as calculated for the payment of earned leave credits upon termination of employment. The dollar value of the retirement leave account that is calculated at the commencement of DROP participation shall be certified by the Department Director or authorized designee, verified and certified by the Human Resources Division to the Director of Finance and Administration, and reported to the Police and Fire Pension Fund. See Exhibit B.
(3)
The dollar value of the frozen retirement leave account will be divided by the number of years of DROP participation elected by the qualified member for the purpose of establishing the portion of the frozen retirement leave account value that will be annually assessed against the City. Such annual amount shall represent a periodic budgetary charge to be assessed against the activity of the qualified member unless otherwise instructed from the City's annual budget.
(4)
Such annual amount as determined in (c) of this Section, will be paid by the City to the Police and Fire Pension Fund effective the first day of DROP participation of the qualified member, with such amount being held by the Pension Board for the benefit of the qualified member. Each succeeding annual payment made by the City to the Police and Fire Pension Fund will be made on the anniversary of the qualified member's entrance into the DROP.
(5)
The annual payment from the City to be held for the benefit of the qualified member, representing a portion of the value of the frozen retirement leave account, shall accrue interest credits as an enhanced benefit of the qualified member from the effective date of deposit at an annual rate of return of 8.4 percent.
(6)
In the event that the qualified member terminates employment prior to the end of the announced period of DROP participation, the value of the retirement leave account which has not been assessed against the City on a budgetary basis shall be fully assessed in a lump sum and fully credited for the benefit of the participant.
(7)
The qualified member shall have no right of distribution to any of the annual retirement leave account payments, nor any interest credits related thereto, during the period of DROP participation.
(8)
Upon termination of participation in the DROP, the cumulative value of the Retirement Leave Account of the Qualified Member and all interest credits related thereto which are held for the benefit of the Qualified Member within the Police and Fire Pension Fund will be made available for distribution to the Qualified Member as soon as administratively practical under the provisions for payment as described in 121.209 (c)(3)(ii)(a) or (b), or any combination thereof, wherein a portion of the payment may be received under 121.209(c)(3)(ii)(a) and any remainder is received under 121.209 (c)(3)(ii)(b). In addition to the above described distribution options, the Retirement Leave Balance shall be deemed to be a form of Terminal Leave for purposes of Ordinance Code Section 121.210 and accordingly, all or a portion of the value of the Retirement Leave Account may be used for participation in a program of post-retirement health care premiums described in 121.210.
(Ord. 78-1126-615, § 3; Ord. 83-591-400, § 1; Ord. 97-1103-E, § 9; Ord. 98-990-E, § 1; Ord. 2002-445-E, § 1; Ord. 2003-899-E, § 1; Ord. 2016-140-E, § 16)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Note— Former § 102.606.
PART 7. - MISCELLANEOUS EMPLOYEE BENEFIT REGULATIONS
Sec. 116.701. - Lump sum payment of vacation and terminal leave.
(a)
In the event the State or an agency of the State assumes responsibility for providing a local governmental service being rendered by the City in such manner as to acquire the employees of the City whose job functions are to provide the governmental service, the City employees so affected shall be entitled to the following benefits:
(1)
Lump sum full payment for all accrued annual leave up to the maximum amount allowed under Section 116.203, calculated on the basis of the employee's salary on the effective date of the transfer to the State or State agency payroll.
(2)
Lump sum pro rata payment of terminal leave based on unused sick leave, computed as follows:
(i)
An employee who elected to remain under the sick leave and terminal leave plan of a former government shall have the amount of pro rata lump sum terminal leave payment computed as follows:
(A)
Compute the percentage of sick leave actually used by the employee.
(B)
The percentage arrived at in paragraph (A) shall determine the number of calendar months of terminal pay the employee would have been entitled to under the appropriate plan.
(C)
Multiply the number of months arrived at in paragraph (B) by the fractional amount which results from dividing the actual number of completed years of employment by 20.
(D)
The pro rata terminal pay to be paid an employee shall be the product of multiplying the months or fractional parts thereof arrived at in paragraph (C) times the monthly salary of same employee.
(ii)
The pro rata lump sum terminal leave payment of an employee not covered under subparagraph (i) above shall be computed as follows:
(A)
Determine the number of days representing one-third of the employee's unused accumulated sick leave.
(B)
Multiply the figure arrived at in paragraph (A) by the fractional amount resulting from dividing the actual number of completed years of employment by 20.
(C)
The pro rata terminal leave pay to be paid an employee shall be the product of multiplying the days or fractional parts thereof as computed in paragraph (B) by the daily rate of pay of the employee.
(b)
An employee of the City who elects to retire early under the early retirement provisions of any pension fund of the City, and an employee of the City not a member of any pension fund, who terminates employment with more than ten years' service but less than 20 years' service with the City or a former government of the City, shall be entitled to a lump sum pro rata payment for terminal leave upon retirement. The amount of terminal leave pay shall be computed in accordance with subparagraph (a)(2) of this Section.
(Ord. 73-1102-487, § 1; Ord. 73-1396-743, § 1; Ord. 83-591-400, § 1)
Note— Former § 102.701.
Sec. 116.702. - Life insurance for volunteer firefighters.
The Fire and Rescue Department is authorized to negotiate with the various volunteer fire departments with which the City has entered into fire protection contracts for, and the Mayor and Corporation Secretary are authorized to execute, an amendment to the contracts so that volunteer fire departments can purchase life insurance on the lives of the volunteer firefighters who man or are assigned to or assist a fire station or firefighting unit operated by the City. The insurance policy shall provide for the payment of the benefits thereby provided for in case of the death of the volunteer firefighter or his bodily injury which results in his death within 180 days after the injury, only if the death or fatal injury was suffered or occurred while the volunteer firefighter was engaged in the prevention or extinguishment of a fire, the protection of life or property therefrom or the enforcement of the City and State fire prevention codes or any other law pertaining to the prevention and control of fires; provided, that death is not the result of suicide and that bodily injury is not intentionally self-inflicted. The benefits provided for in the insurance policy shall, as nearly as possible, be the same as the benefits provided to regular firefighters under like circumstances.
(Ord. 76-210-72, § 1; Ord. 76-275-94, § 12; Ord. 81-317-200, § 1; Ord. 83-591-400, § 1)
Note— Former § 102.702.
Sec. 116.703. - Insurance for auxiliary units (Office of Sheriff).
The Director of Finance and Administration is authorized to obtain insurance covering the death or accidental dismemberment of (not to exceed the principal sum of $20,000) and disability income supplement (not in excess of $80 per week) for members of the auxiliary units recognized by the Sheriff to assist the Office of the Sheriff in law enforcement activities. The insurance policy shall provide for the payment of the benefits thereby provided for in case of the death (or bodily injury resulting in death within 180 days after the injury) or accidental dismemberment of the member, or in case of disability during which he cannot perform his usual duties of employment, only if the death, fatal injury or disability was suffered or occurred while the member was engaged in the performance of law enforcement duties authorized by the Sheriff; provided, that death is not the result of suicide and that bodily injury or disability is not intentionally self-inflicted.
(Ord. 81-317-200, § 2; Ord. 83-591-400, § 1; Ord. 2016-140-E, § 16)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Note— Former § 102.703.
Sec. 116.704. - Life insurance for emergency preparedness police officers.
The Chief, Emergency Preparedness is authorized to procure insurance benefits in the form of a master policy insuring the Jacksonville emergency preparedness police officers who are qualified auxiliary police officers as defined by F.S. § 943.10. Such insurance policy shall provide for the payment of the benefits thereby provided for in case of the death of the auxiliary police officer or his bodily injury which results in his death within 180 days after the injury, only if the death or fatal injury was suffered or occurred in the line of duty as an auxiliary police officer; provided, that death is not the result of suicide and that bodily injury is not intentionally self-inflicted. The benefits provided for in the insurance policy shall, as nearly as possible, be the same as the benefits provided to regular police officers under like circumstances. If a person is eligible for insurance under this Section and Section 116.703, he shall make an election and be entitled to insurance benefits under only one of these Sections.
(Ord. 77-772-367, § 1; Ord. 81-317-200, § 1; Ord. 83-591-400, § 1)
Note— Former § 102.704.
Sec. 116.705. - Workers' compensation coverage for police officers engaged in secondary employment.
The Director of Finance and Administration is hereby authorized to extend Workers' Compensation Insurance coverage to police officers engaged in secondary employment during off-duty hours under the following circumstances and conditions:
(a)
The secondary employment must first be approved by the Office of the Sheriff pursuant to F.S. § 30.2905.
(b)
The secondary employment must be related to the provision of public or private security services where the police officer is in a position to use real or implied police authority to prevent and/or detect crime or to enforce the penal, criminal, traffic or highway laws of the State.
(c)
If the secondary employment is subject to a secondary employment fee as imposed by the City or the Office of the Sheriff, such secondary employment fee shall be paid.
(Ord. 92-963-661, § 1; Ord. 2016-140-E, § 16)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Sec. 116.706. - Disposition of Sheriff's Office employees' badges and service sidearm upon retirement or death.
(a)
Upon certification by the Sheriff that an employee of the Sheriff's Office is retiring from the City in good standing, or if the employee is not retiring under threat of separation, such employee retiring after completion of 20 or more years of service with the City, or upon medical retirement due to a job related injury shall be entitled to keep and retain:
(1)
The employee's Sheriff Office badge or badges having been assigned to the employee; and
(2)
The service sidearm then assigned to the police, judicial or correctional officer, if:
(i)
The service sidearm was issued to and used by the police, judicial or correctional officer for at least the two-year period immediately preceding the officer's retirement, or
(ii)
The sidearm was purchased by the City more than two years before the officer's date of retirement.
(iii)
The sidearm was issued to the officer during the two year period immediately preceding the officer's retirement and the issuance of the sidearm was initiated by and for the benefit of the Sheriff's office.
(b)
Upon the death of any employee of the Sheriff's Office, the following shall be entitled to keep and retain the employee's Sheriff's Office badge or badges and, with the consent of the Sheriff, the service sidearm then assigned to the police, judicial or correctional officer:
(1)
The surviving spouse; or
(2)
If there is no surviving spouse, the oldest surviving lineal descendant of the officer.
(c)
All items provided in this Section to a former employee are subject to the perpetual responsibility and obligation that they be properly used and displayed, and are subject to forfeiture and return to the Sheriff's Office, upon reasonable proof that a former employee, surviving spouse or lineal descendent improperly displayed or used the item.
(Ord. 71-1106-526, § 1; Ord. 83-591-400, § 1; Ord. 88-1454-773, § 1; Ord. 93-1773-1045, § 2; Ord. 96-456-252, § 1; Ord. 97-340-E, § 2; Ord. 2004-632-E, § 1; Ord. 2005-646-E, § 1; Ord. 2025-288-E, § 1)
Note— Former § 121.202.
Sec. 116.707. - Disposition of firefighter's helmet upon retirement or death.
(a)
A City firefighter, upon retirement after completion of 20 or more years of service with the City, shall be entitled to keep and retain the fire helmet and shield then assigned to him.
(b)
Upon a City firefighter's death, the following shall be entitled to keep and retain the firefighter's helmet and shield then assigned to him:
(1)
The surviving spouse; or
(2)
If there is no surviving spouse, the oldest surviving lineal descendant of the firefighter; or
(3)
If there is no surviving spouse or lineal descendants of the officer, the firefighter's estate.
(Ord. 70-462-207, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-1206-473, § 1; Ord. 83-591-400, § 1; Ord. 93-1773-1045, § 2; Ord. 97-340-E, § 2)
Note—Former § 121.203.
Sec. 116.708. - Disposition of Auxiliary Police Officer's badges, cap and service sidearm upon leaving auxiliary service after 20 or more years.
(a)
An auxiliary police officer ("Member") who has served as a member of one of the auxiliary units recognized by the Sheriff to assist the Office of the Sheriff in law enforcement activities for a period of 20 or more years and upon certification by the Sheriff that the member is leaving in good standing may be entitled, at the Sheriff's discretion, to keep and retain the auxiliary officer's breast badge, pocket badge and service cap with badge and the service sidearm assigned to him or her upon leaving such volunteer service with the auxiliary unit.
(b)
Upon the death of any Member of the Sheriff's Office Auxiliary Units, the following may be entitled, at the Sheriff's discretion, to keep and retain the Member's Sheriff's Office breast badge, pocket badge, service cap with badge and the service sidearm then assigned to the Member.
(1)
The surviving spouse; or
(2)
If there is no surviving spouse, the oldest surviving lineal descendant of the Member.
(c)
All items provided in this Section to a former Member are subject to the perpetual responsibility and obligation that they be properly used and displayed, and are subject to forfeiture and return to the Sheriff's Office, upon reasonable proof that a former Member, surviving spouse or lineal descendent improperly displayed or used the item.
(Ord. 98-372-E, § 1; Ord. 2008-958-E, § 1; Ord. 2021-708-E, § 1)
Editor's note— Ord. No. 98-372-E, § 1, amended the Code by adding a new § 116.706. In order to prevent duplication of Section numbers, the editor has redesignated the new provision as a new § 116.708.
PART 8. - DEFERRED COMPENSATION PROGRAM
Sec. 116.801. - Definition.
For purposes of this Part 8, employee means any person, whether appointed, elected or under contract, providing services for the City for which compensation is paid.
(Ord. 77-359-124, § 1; Ord. 83-591-400, § 1)
Note— Former § 105.101.
Sec. 116.802. - Creation of deferred compensation program.
In accordance with F.S. § 112.215(3), the City hereby creates for itself and its employees a deferred compensation program. The deferred compensation program shall provide for the deferral of all or any portion of an employee's otherwise payable compensation and, pursuant to the terms of the particular plan and in such proportions as may be designated or directed under the plan, provide for the placing of the deferred compensation in savings accounts or for the purchase of fixed or variable life insurance or annuity contracts, securities, evidence of indebtedness or such other investment products as may have been approved for the purposes of carrying out the objectives of the particular plan. The insurance, annuity, savings or investment products shall be underwritten or offered (or both) in compliance with the applicable federal and State laws and regulations by companies which are duly authorized by applicable State and federal authorities. A committee composed of the Director of Finance and Administration, the Treasurer and the Chief of Procurement shall, from time to time, recommend to the Council one or more plans, to be underwritten or offered (or both) by duly authorized companies, which will meet the object and purpose of the deferred compensation program; and the Council shall, by resolution, approve such of the plans so proposed as it deems appropriate and in the best interests of the employees. An approved plan shall become a part of the deferred compensation program until such time as the Council by resolution may disapprove the plan and provide for some other duly authorized company or companies to assume the obligations of the disapproved plan.
(Ord. 77-359-124, § 1; Ord. 83-591-400, § 1; Ord. 84-154-132, § 2; Ord. 84-968-502, § 1; Ord. 2016-140-E, § 16)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Note— Former § 105.102.
Sec. 116.803. - Duties of Director of Finance and Administration.
The Director of Finance and Administration shall administer the deferred compensation program and each plan therein approved by the Council, and may delegate responsibility for such administrative duties as he deems necessary to one or more private firms or one or more duly authorized representatives of each company underwriting or offering (or both) an approved plan, and no compensation shall be paid to those representatives or firms except through the usual assessments, fees, charges or commissions for the sale or administration (or both) of the products used to fund this program. The Director of Finance and Administration is also designated the appropriate official to make determinations as required under F.S. § 112.215(6)(b). The Director of Finance and Administration shall submit to the Council a yearly evaluation of the performance of the plan providers. This evaluation may contain recommendations for dismissal. The Director shall advise the Council when he finds that a plan provider is not meeting the needs of the City's employees.
(Ord. 77-359-124, § 1; Ord. 83-591-400, § 1; Ord. 84-154-132, § 3; Ord. 84-968-502, § 2; Ord. 2016-140-E, § 16)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Note— Former § 105.103.
Sec. 116.804. - Deferral of compensation by payroll deductions.
In accordance with the deferred compensation program, and upon contract or agreement with an eligible employee, deferrals of compensation shall be accomplished by payroll deductions made by the City, the cost of payroll deductions being borne by the private firm providing the administrative duties deemed necessary under this plan.
(Ord. 77-359-124, § 1; Ord. 83-591-400, § 1)
Note— Former § 105.104.
Sec. 116.805. - Deferred compensation plan supplemental to any pension plan.
The deferred compensation program authorized by this Chapter shall exist and serve in addition to any other retirement, pension or benefit systems established by the State or the City and shall not supersede, make inoperative or reduce any benefits provided by the Florida Retirement System or by any other retirement, pension or benefit program established by law.
(Ord. 77-359-124, § 1; Ord. 83-591-400, § 1)
Note— Former § 105.105.
Sec. 116.806. - Limitation on liability of City.
The financial liability of the City shall be limited in any plan of deferred compensation adopted pursuant to this Chapter to the value of the particular insurance or annuity contract or other investment options purchased on behalf of a participant, all as provided in F.S. § 112.215(9).
(Ord. 77-359-124, § 1; Ord. 83-591-400, § 1)
Note— Former § 105.106.
Sec. 116.807. - Existing plan continued.
That certain Master Deferred Compensation Agreement between Jacksonville Public Employees Council No. 97, and City of Jacksonville, Duval County, School Board, JEA, Jacksonville Port Authority, Duval County Hospital Authority and Jacksonville Area Planning Board, previously approved by the Council in Ordinance 77-359-124 and which is the subject of the favorable Revenue Ruling dated February 13, 1976, received by the City from the Internal Revenue Service, all of which is in the custody of the Director of Finance and Administration, is hereby declared to be a plan included within the deferred compensation program created by this Part. The Council hereby declares that the agreement shall be deemed and considered to have been adopted by resolution, as provided in Section 116.802, and may be disapproved by resolution the same as other plans which may, from time to time, be included within the program or disapproved as part of the program.
(Ord. 84-154-132, § 4; Ord. 84-968-502, § 3; Ord. 2016-140-E, § 16)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
PART 9. - PERSONNEL REGULATIONS
Sec. 116.901. - Appointed Officials and Employees.
(a)
Purpose. The purpose of this Section is to organizationally define appointed employees, the duties and responsibilities supporting their exemption from civil service status as provided in Section 17.06 of the Charter, and the manner in which they are hired and separated.
(b)
Appointed Officials Defined. For purposes of this Section, an appointed official shall be:
(1)
An employee whose appointment is confirmed by the Council.
(2)
The District Chief Medical Examiner and Associate Medical Examiners
(3)
An employee at a department executive director level whose appointment is confirmed by a board or commission.
(c)
Appointed Employees Defined. For purposes of this Section, an appointed employee shall be an employee serving at the pleasure of an elected or appointed official or an appointee of an elected or appointed official who is exempted from the Civil Service System under Section 17.06 of the Charter, or any other applicable provision of the Charter or Ordinance Code (except for those Appointed Officials confirmed by council, or temporary, part-time, or special purpose employees).
(d)
Managers of Departments or Divisions Defined. Managers, as recognized in Section 17.06 of the Charter, are appointed employees who substantially meet the following criteria:
(1)
Perform work that requires the exercise of independent judgment and discretion in the performance of such work that is not of a routine, clerical, or administrative nature and;
(2)
Manage one or more specific functions or special programs of City government and;
(3)
Engage in long-range, strategic planning and;
(4)
Report within one or two levels to an appointed or elected official and;
(5)
Oversee supervisors or highly trained professionals who are engaged in leading, guiding, directing, reviewing and evaluating the work of employees or completing major projects.
(e)
Public Communication Officers Defined. Public communication officers, as recognized in Section 17.06 of the Charter, are appointed employees who substantially meet the following criteria:
(1)
Perform work that is not of a routine, clerical, or administrative nature that requires the exercise of independent judgment and discretion in the performance of such work and;
(2)
Serve as spokespersons or disseminate public information for a City department or division or an elected or appointed official or agency.
(f)
Executive Assistants Defined. Executive assistants as recognized in Section 17.06 of the Charter, are appointed employees who report directly to and serve as an immediate confidential assistant to a constitutional officer or appointed official.
(g)
Assistant Management Improvement Officers (AMIO's) defined and limited.
(1)
Assistant management improvement officers as recognized in Section 17.06 of the Charter, are appointed employees who perform work that is not of a routine, clerical, or administrative nature that requires the exercise of independent judgment and discretion in the performance of such work and who are assigned to perform managerial or specialized functions at the discretion of the department, division or agency head.
(2)
Effective October 1, 2010, persons filling the positions of "assistant management improvement officers (AMIOs)" shall be appointed by an elected official. There shall be no more than 20 assistant management improvement officers as employees of the City.
(3)
The Director of the Employee Services Department (or successor) shall maintain qualifications, a job description, and a pay range for each assistant management improvement officer of the City.
(4)
No later than August 1 of each year, the Director of the Employee Services Department shall file with the Division of Legislative Services and the Council Secretary, copy to the Council Auditor, a list of assistant management improvement officers, sorted by department, which includes title and salary for distribution to the Council.
(5)
No person filling an assistant management improvement officer position on October 1, 2010 shall be forced to be removed from that position because of subsection (2) above. However, no new appointments may be made to an assistant management improvement officer position until any such appointment can be made within the subsection (2) cap.
(h)
Hiring and Separation. Unless otherwise provided for by charter or ordinance provisions, the hiring and separation of appointed employees shall be performed by the head of the department or agency; except that such responsibility may be delegated to an appointed official or department or division manager within the agency, division or department.
(i)
Supervisor to Employee Ratio. No later than August 1 of each year, the Director of the Employee Services Department shall file with the Division of Legislative Services and the Council Secretary, copy to the Council Auditor, the supervisor to employee ratio, sorted by department for distribution to the Council.
(j)
Accredited University Or College Degree defined. Positions that require a degrees from an accredited college or university shall be defined as a College or University accredited by an accrediting agency or State approval agency recognized by the U.S. Department of Education (USDOE).
(Ord. 2009-549-E, § 2; Ord. 2011-732-E; Ord. 2016-765-E, § 6)
Sec. 116.902. - Reserved.
Editor's note— The provisions of former § 116.902, relative to former Housing Authority of Jacksonville employees, were deleted as part of the Super Supplement to the Code. Former § 116.902 derived from Ord. 70-819-387, § 6; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1.
Sec. 116.903. - Disclosure of conflicts of interest under Code of Ethics.
(a)
Reserved.
(b)
A public officer or employee of the Consolidated Government or its independent agencies who also owns, directly or indirectly, ten percent or more of the total assets or capital stock of a business entity or who is an officer, director, partner, proprietor, associate or general agent (other than resident agent solely for service of process) of a business entity, must disclose any privilege to operate or any business dealings between the governmental agency of which he is an officer or employee and that business entity. The disclosure of conflicts of interest shall be made on a disclosure form prescribed by the Commission on Ethics.
(c)
Signed copies of the statements shall be filed as follows:
(1)
The statement prescribed in subsection (a) of this Section shall be filed no later than 15 days after the vote or abstention from voting occurs with:
(i)
The Commission on Ethics.
(ii)
The body of which the officer is a member.
(2)
The statement prescribed in subsection (b) of this Section shall be filed within 45 days of becoming an officer or employee or 45 days of the acquisition of the business position or the material interest with the Clerk of the Circuit Court, and a copy shall also be filed:
(i)
If the person filing is an officer or employee of the City other than the independent agencies, with the Council Secretary.
(ii)
If the person filing is an officer or employee of an independent agency, with the chief administrative officer of the independent agency.
(Ord. 74-1021-459, § 1; Ord. 83-591-400, § 1)
Note— Former § 106.103.
Sec. 116.904. - Reserved.
Editor's note— Ord. 97-890-E, § 2, effective June 4, 1999, amended the Code by repealing former 116.904 in its entirety. Former § 116.904 pertained to informing of council and affected agency, and derived from Ord. 73-1390-779; and Ord. 83-591-400.
Note— Former § 106.104.
Sec. 116.905. - Payroll deductions.
No employee shall be entitled to a payroll deduction from his or her salary or wage except:
(a)
Deductions provided by law.
(b)
Deductions provided for by collective bargaining agreement and deductions for the same purposes for the benefit of employees not covered by a collective bargaining agreement.
(c)
Deductions for insurance premiums for current City-sponsored insurance plans.
(d)
Deductions for other insurance premiums that were either in effect as of July 1, 2024 or are for a union-sponsored insurance plan, subject to the following limitations:
(1)
For the purpose of this subsection, payee shall include and be limited only to the insurance company, as insurance company is defined in the State Insurance Code, that is underwriting the policy or an agent of the insurance company when the agent shall have furnished sufficient evidence to the Director of Finance and Administration to enable the Director to determine that the agent is authorized to bind the insurance company.
(2)
Except for union-sponsored insurance plans, deductions for the benefit of any payee shall be unlimited so long as no change to a deduction is requested by the employee or payee and at least 100 employees have in effect deductions for the benefit of that payee, but if, at any time, the total number of deductions in effect for the benefit of a payee falls below 100 on any payroll date, the Director of Finance may discontinue all payroll deductions for such payee.
(3)
All deductions shall be made twice monthly by the Department of Finance, and the deductions so made shall be remitted by the Department of Finance to the proper payees.
(4)
No payee shall sell, assign or otherwise transfer its payroll deduction without the prior written consent of the Director of Finance and Administration.
(5)
Newly hired employees shall not be entitled to any deductions for insurance premiums other than for City-sponsored insurance plans during their probationary period of employment.
(6)
Except for union-sponsored insurance plans, deductions shall be subject to an administrative service fee set by the Director of Finance in an amount reasonably estimated to reimburse the City for its costs, which amount may be deducted from the total of the payment remitted. In the event such costs are not reimbursed to the City for a period of time exceeding 90 days, such deduction shall be discontinued.
(e)
Deductions for the dues of the Jacksonville Brotherhood of Police Officers, Inc. or the Jacksonville Brotherhood of Firefighters. All costs associated with the processing and implementation of the payroll deduction authorized for the Jacksonville Brotherhood of Police Officers, Inc. or the Jacksonville Brotherhood of Firefighters or the Police Charity Fund shall be reimbursed to the City by that organization. The Director of Finance is directed to calculate the costs and collect reimbursement from the Jacksonville Brotherhood of Police Officers, Inc. and the Jacksonville Brotherhood of Firefighters, respectively, on a periodic basis (not less frequently than quarterly). In the event the costs are not reimbursed to the City for a period of time exceeding 90 days, the payroll deductions for either the Jacksonville Brotherhood of Police Officers, Inc. or the Jacksonville Brotherhood of Firefighters or the Police Charity Fund, respectively, shall be discontinued.
(f)
Deductions under an assignment of earnings executed by an employee to satisfy a child support or alimony debt.
(g)
Deductions for the payment of monthly and quarterly parking permits in City-owned/operated parking facilities and non-city-owned/operated parking facilities providing parking to not less than 25 employees of any one or more agencies of the City for the purpose of providing parking to such employees during their City working hours.
(h)
Deductions for City-authorized wellness programs.
(i)
Deductions for voluntary contributions to the Police Death Benefit.
(j)
Deductions for dues to the Retired Employees Association.
(k)
Deductions for voluntary contributions to the Firefighter Benefits Fund.
(l)
Deductions for voluntary contributions to existing police charities.
(m)
Deductions for voluntary contributions to United Way.
(Ord. 72-1138-504, § 1; Ord. 72-1235-551, § 1; Ord. 73-577-173, § 1; Ord. 73-1379-717, § 1; Ord. 77-690-506, § 1; Ord. 78-267-45, § 1; Ord. 78-374-158, § 1; Ord. 80-748-384, § 4; Ord. 82-93-26, § 1; Ord. 83-222-140, § 1; Ord. 83-591-400, § 1; Ord. 83-867-443, § 1; Ord. 84-27-19, § 1; Ord. 85-462-209, § 1; Ord. 85-798-422, § 1; Ord. 86-346-177, § 1; Ord. 87-1176-657, § 1; Ord. 88-992-498, § 1; Ord. 88-1414-702, § 1; Ord. 91-496-255, § 1; Ord. 91-595-265, § 1; Ord. 93-984-415, § 1; Ord. 93-1262-765, § 1; Ord. 94-192-122, § 1; Ord. 94-1136-611, § 1; Ord. 97-394-E, § 1; Ord. 97-1070-E, § 1; Ord. 1999-1076-E, § 1; Ord. 2002-1138-E, § 1; Ord. 2011-732-E; Ord. 2016-140-E, § 16; Ord. 2024-367-E, § 1)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Note— Former § 106.105.
Secs. 116.906, 116.907. - Reserved.
Editor's note— Ord. 97-890-E, § 2, effective June 4, 1999, amended the Code by repealing former §§ 116.906—116.909 in their entirety. Former § 116.906 pertained to the use of public property, and derived from Ord. 73-1390-779; and Ord. 83-591-400. Former § 116.907 pertained to political activities of certain officers and employees, and derived from Ord. 73-1390-779; and Ord. 83-591-400. Former § 116.908 pertained to testimony of public officials relating to public affairs, and derived from Ord. 73-1390-779; and Ord. 83-591-400. Former § 116.909 pertained to disclosure of criminal records, and derived from Ord. 74-1193-553; and Ord. 83-591-400.
Sec. 116.908. - Criminal history records check.
Pursuant to F.S. § 166.0442, the City may, in its sole discretion, require state and national criminal history screening for any position of municipal employment or appointment that the City finds is critical to security or public safety. Each person applying for, or continuing employment in, any such position shall be required to be fingerprinted. The fingerprints shall be submitted to the Florida Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from these checks may be used by the City to determine a person's eligibility for such employment or appointment, or for continued employment or appointment. This section does not preempt or prevent any other background screening, including other criminal background checks, that the City may lawfully undertake. All prospective and current employees shall be required to authorize the City to conduct all appropriate background screening as a condition of employment with the City.
(Ord. 2023-208-E, § 6)
Sec. 116.909. - Advertising for certain appointed positions.
Appointed positions of the City of Jacksonville that are confirmed by the City Council or require appointment by a Board or Commission may be filled by current City employees without the necessity of posting for or advertising the position. Posting for and advertising the availability of the position shall be a precondition to appointment of any person not then presently working for the City of Jacksonville to an appointed position confirmed by the Council or appointed by a Board or Commission.
(Ord. 2006-759-E, § 1; Ord. 2023-208-E, § 7)
Sec. 116.910. - Residence within City preferred.
Preference in employment and retention shall be given to qualified eligible persons who are residents of Duval County. Employee Services shall develop policies and procedures to implement this residential hiring and retention preference.
(Ord. 2014-2-E, § 2)
Editor's note— Ord. 2014-2-E, §§ 1 and 2, amended the Code by repealing former § 116.910 in its entirety, and adding a new § 116.910. Former § 116.910 pertained to required residence within City and exceptions, and derived from Ord. 2006-759-E, § 2; Ord. 2011-276-E, § 1; Ord. 2011-732-E; and Ord. 2013-754-E, § 1.
Sec. 116.911. - Employee relations program.
(a)
The Director of Employee Relations, the General Counsel, the Director of Finance and Administration, the Superintendent of Schools for Duval County, the Managing Director of the JEA, the Managing Director of the Jacksonville Port Authority and the Director of Employee Services Department, or their designees, shall serve as an Employee Relations Coordinating Committee for the Consolidated Government.
(b)
The City's employee relations program shall recognize:
(1)
The responsibility of the Mayor as chief executive officer for executing the Charter and ordinances, recommending an annual budget and supervising the proper performance of all executive departments.
(2)
The responsibilities imposed by law upon the various governing bodies of the independent agencies.
(3)
The responsibility of the Council for the enactment of ordinances, the appropriation of money and the final determination of employee contracts as is provided for by law.
(Ord. 71-624-315, § 1; Ord. 83-591-400, § 1; Ord. 86-1136-591, § 1; Ord. 2011-732-E; Ord. 2016-140-E, § 16)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Note— Former § 10.102.
Sec. 116.912. - Connection of broken service.
For purposes of entitlement to service raises and leave benefits, a permanent civil service employee of the City shall receive and be entitled to credit for all prior full-time employment (at least 30 hours per week) as an employee of the City or a former government of the City upon approval by the Director of the Employee Services Department of the City or designee. Prior to approval, an employee seeking connection of broken service shall file an application with the Employee Services Department, setting forth such information as the Employee Services Department deems necessary or appropriate for consideration of the application. The entitlement to benefits shall begin with the commencement of the first pay period after the Director of the Employee Services Department has approved the application. Approval by the Director of the Employee Services Department shall affect only a change in the rate of accrual of leave benefits and the amount of service raises to which an employee may be entitled. In no event shall any retroactive payment of a service raise nor retroactive accrual of leave time be credited for any period of time prior to the connection of broken service by the Director of the Employee Services Department. No credit shall be granted under this Section for purposes of seniority under the civil service laws applicable to employees of the City.
(Ord. 69-116-460, § 6; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-532-311, § 1; Ord. 76-765-368, § 1; Ord. 83-591-400, § 1; Ord. 96-107-72, § 1; Ord. 2011-732-E)
Note— Former § 104.306.
Sec. 116.913. - Section 116.912 not applicable in certain cases.
The provisions of Section 116.912 shall not apply to any period of prior full-time employment during which an employee was receiving pension or retirement benefits from a pension or retirement plan of the City or of any former government of the City.
(Ord. 69-116-460, § 7; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Note— Former § 104.307.
Sec. 116.914. - Reserved.
Editor's note— Former § 116.914, relative to vested rights to connection of broken service, was repealed by § 2 of Ord. 96-107-72. Former § 116.914 derived from Ord. 69-116-460, § 8; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1.
PART 10. - EMPLOYEE SUGGESTION PROGRAM
Sec. 116.1001. - Employee suggestion program authorized.
The Mayor is authorized to adopt and implement a program of meritorious awards to employees who propose procedures or ideas which are adopted and which will result in eliminating or reducing City expenditures or improving operations or who, by their superior accomplishments, make exceptional contributions to the efficiency, economy or other improvement in the operations of City government.
(Ord. 70-578-333, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Note— Former § 108.101.
Sec. 116.1002. - Suggestion Committee.
The employee suggestion program shall be administered by a Suggestion Committee, consisting of five members appointed by the Mayor from among the full-time officers and employees of the City. Members shall serve one-year terms and shall serve without additional compensation but shall be reimbursed for actual and necessary expenses incurred in performing their duties. One member, as designated by the Mayor, shall serve as chairman. Expenses of the Suggestion Committee shall be paid from the Human Resources Division budget.
(Ord. 70-578-333, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Note— Former § 108.102.
Sec. 116.1003. - Committee duties.
The Committee shall:
(a)
Establish and promote a system for submission of suggestions by employees and review of suggestions submitted.
(b)
Adopt guidelines for acceptable types of suggestions and the manner of computation of awards.
(c)
Recommend to the Mayor the approval or disapproval of suggestion awards, and the amounts of the awards, if any.
(d)
Otherwise administer the employee suggestion program under the supervision of the Mayor.
(Ord. 70-578-333, § 3; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Note— Former § 108.103.
Sec. 116.1004. - Amount of suggestion awards.
No award shall exceed $1,000, except that the Council may approve a larger award in exceptional cases. All suggestions meriting an award shall be classified as having tangible or intangible value. The amount of the award shall be computed as follows:
Tangible
EXPAND Estimated Savings (recurring, or total first year, if nonrecurring) Amount of Award $ 0—$ 100 None 101— 250 $10 251— 1,000 10% of the estimated savings 1,001— 10,000 $100 plus 5% of the estimated savings over $1,000 Over $10,000 $550 plus 2½% of the estimated savings over $10,000
Intangible
$25—$100, under guidelines promulgated by the Suggestion Committee and approved by the Mayor.
(Ord. 70-578-333, § 4; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Note— Former § 108.104.
Sec. 116.1005. - Employee Suggestion Program for employees of the JEA.
The JEA is authorized to adopt and implement a program of meritorious awards to employees of the JEA who propose procedures or ideas which are adopted and which will result in eliminating or reducing the JEA's expenditures or improving the JEA's operations. This Employee Suggestion Program of the JEA may also recognize and make awards to employees of the JEA who, by their superior accomplishments, make exceptional contributions to the efficiency, economy or other improvement in the operations of the JEA.
(Ord. 90-319-114, § 1)
PART 11. - INCENTIVE AND RETREAT PROGRAMS
Sec. 116.1101. - Incentive programs.
Public officer and employee incentive programs, solely for the purpose of encouraging excellence in public service and specifically not for the purposes of ordinary recreation or entertainment, are hereby authorized in accordance with the following:
(a)
Such programs may include recognition of performance or achievement in the form of cash, plaques, trophies, clothing, food and nonalcoholic beverage, and other forms of tangible personal property.
(b)
Such programs shall be in accordance with applicable pay plan or collective bargaining agreement, or both; and
(c)
Such programs shall be subject to prior approval of (1) the applicable department or agency head and (2) the Mayor or, as to the Council and its staff, the Council President.
(Ord. 92-1649-1436, § 1; Ord. 95-279-205, § 1; Ord. 97-970-E, § 1)
Sec. 116.1102. - Retreat programs.
Public officer and employee retreat programs are hereby authorized in accordance with the following:
(a)
Such programs shall be for the purpose of employee orientation, education, training, motivation and staff or group development and may include food and beverage as a part thereof;
(b)
Such programs shall be in accordance with applicable pay plan or collective bargaining agreement, or both; and
(c)
Such programs shall be subject to prior approval of (1) the applicable department or agency head and (2) the Mayor or, as to the Council and its staff, the Council President.
(Ord. 92-1649-1436, § 1; Ord. 95-279-205, § 1; Ord. 97-970-E, § 1)
PART 12. - SOCIAL SECURITY
Sec. 116.1201. - Coverage for officials and employees.
(a)
OASDI. It is hereby declared to be the policy and purpose of the City to extend to its employees and officials not excluded by law nor excepted herein, the benefits of the system of old-age, survivors, and disability insurance (OASDI) as authorized by the federal Social Security Act and amendments thereto [Title 42, United States Code, § 301 et seq.] and by F.S. Ch. 650, as amended; and to cover by such Act all services which constitute employment as defined in F.S. § 650.02 performed in the employ of the City by employees and officials, including elected officials except for services performed:
1.
By an individual who is a member of the retirement system of the City;
2.
By an individual who is employed to relieve such individual from unemployment;
3.
In a hospital, home, or other institution by a patient or inmate thereof;
4.
By any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency;
5.
By an election official or election worker if the remuneration paid in a calendar year for such service is less than $1,000 with respect to service performed during any calendar year commencing on or after January 1, 1995, ending on or before December 31, 1999, and the adjusted amount determined under Section 218(c)(8)(B) of the Social Security Act for any calendar year commencing on or after January 1, 2000, with respect to service performed during such calendar year; or
6.
By an employee in a position compensated solely on a fee basis which is treated pursuant to Section 1402(c)(2)(E) IRC as a trade or business for purposes of inclusion of such fees in net earnings from self-employment; for purposes of this subparagraph, except as provided in regulations prescribed by the Secretary, the term "retirement system" has the meaning given such term by Section 218(b)(4) of the Social Security Act;
7.
By part-time, temporary and seasonal employees as provided in Internal Revenue Code Section 3121.
The above federal exceptions are provided for in Section 3121(b)(7)(F), Internal Revenue Code, and shall be deemed modified to conform to future enacted applicable federal provisions.
(b)
Hospital insurance. Federally mandated hospital insurance (Medicare) coverage under the Social Security Act is required for City employees, including elected officials, hired after March 31, 1986.
(Ord. 69-1032-682, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-803-389, § 1; Ord. 83-591-400, § 1; Ord. 83-1345-727, § 1; Ord. 84-712-303, § 1; Ord. 97-342-E, § 1; Ord. 2009-409-E, § 1)
Editor's note— Section 2, Ord. 83-1345-727 provides as follows: "The Mayor is hereby authorized and directed to execute the appropriate documents and make the necessary amendments to the City's OASI coverage agreement with the State to facilitate the participation by elected officials of the City under such coverage, as provided in Section 120.103, Ordinance Code."
Section 3, Ord. 83-1345-727 provides as follows: "The provisions of Sections 120.104 and 120.105, Ordinance Code, shall apply to the City's and elected official's payment of the contributions necessary for the coverage required by Section 1 hereinabove."
Section 2, Ord. 84-712-303 provides as follows: "The Mayor is hereby authorized and directed to execute the appropriate documents and make the necessary amendments to the City's OASI coverage agreement with the State to facilitate the voluntary participation by elected officials of the City under such coverage, as provided in Section 120.103, Ordinance Code."
Section 3, Ord. 84-712-303 provides as follows: "The provisions of Sections 120.104 and 120.105, Ordinance Code, shall apply to the City's and elected officials' payment of the contributions necessary for the coverage required by Section 1 hereinabove."
Note— Former § 120.101.
Sec. 116.1202. - Authority to execute agreements.
The Mayor and the Corporation Secretary, on behalf of the City, are authorized and directed to execute all necessary agreements, and amendments thereto, with the State of Florida, for the purpose of extending the benefits provided by the Social Security Act to the employees and officials of the City as provided in this Part 12, which agreement shall provide for such methods of administration of the plan by the City as are found by the State to be necessary and proper, and shall be effective with respect to services in employment covered by such agreement performed on and after October 1, 1968.
(Ord. 69-363-383, § 3; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 97-342-E, § 1)
Note— Former § 120.103.
Sec. 116.1203. - Authorizing withholdings from salaries.
Withholdings from salaries, wages, or other compensation of employees and officials for the purpose provided in Section 116.1201 hereof are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable State or federal laws.
(Ord. 69-363-383, § 4; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 97-342-E, § 1)
Note— Former § 120.104.
Sec. 116.1204. - Appropriation and budget of employer's contribution.
There shall be appropriated from available funds, derived from the general revenues of the City consisting of ad valorem and other revenues and budgeted under Social Security contributions, such amounts, at such times, as may be required to pay promptly the contributions and assessments required of the City as employer by applicable State or federal laws.
(Ord. 69-363-383, § 5; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 97-342-E, § 1)
Note— Former § 120.105.
Sec. 116.1205. - City to keep records and make reports as provided by law.
The City shall keep such records and make such reports as may be required by applicable State or federal laws, and shall adhere to all applicable regulations.
(Ord. 69-363-383, § 6; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 97-342-E, § 1)
Note— Former § 120.106.
Sec. 116.1206. - Adoption of terms, conditions, etc., of the Social Security Act.
The City hereby adopts the terms, conditions, requirements, reservations, benefits, privileges and other conditions of the Social Security Act, as amended, for and on behalf of all officers and employees of its agencies to be covered under the agreement.
(Ord. 69-363-383, § 7; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 97-342-E, § 1)
Note— Former § 120.107.
Sec. 116.1207. - Duties of Treasurer and Director of Intra-Governmental Services.
The Treasurer is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the City, and the Director of Intra-Governmental Services is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this Part 12.
(Ord. 69-363-383, § 8; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 86-1305-736, § 3; Ord. 97-342-E, § 1; Ord. 2011-732-E)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Note— Former § 120.108.
Sec. 116.1208. - Creation of FICA Replacement Plan for Eligible Employees.
The Mayor or his designee is authorized to enter into an agreement on behalf of the City with a qualified service provider for the creation and maintenance of a FICA replacement plan for government employees as provided in Section 3121 of the Internal Revenue Code, as amended. All temporary, part-time and seasonal employees, whether or not represented for purposes of collective bargaining, shall, as a condition of employment, participate in this plan and shall be excluded from coverage under the system of Old-Age, Survivors and Disability Insurance as authorized by the federal Social Security Act and amendments thereto while occupying such employment with the City, subject to the City's collective bargaining obligations under Florida law.
(Ord. 2009-409-E, § 1)
PART 13. - ADMINISTRATIVE LEAVE[2]
Footnotes: --- (2) ---
Editor's note— Ord. No. 1999-577-E, § 2, provides: "Part 13, Section [Chapter] 116, Ordinance Code created in Section 1 of this ordinance shall be in effect from its effective date until two (2) years after said effective date unless extended by future action of the Council. The Mayor shall report to the Council on the costs of Administrative Volunteer Leave on or before the first year anniversary of the program.
Sec. 116.1301. - Definitions.
For purposes of this Part:
(a)
Employee. Employee means a full-time, leave accruing employee who is not on any disciplinary action or probation and is considered in "good standing."
(b)
Administrative Leave. Administrative Leave is employer approved paid time off of work (not utilizing accrued vacation, sick or annual leave) utilized if and only if the appointing authority determines such Administrative Leave serves a public purpose, and is not simply for the personal benefit of the employee. Administrative Leave may not be utilized to maintain an employee on the payroll after the employee's leave has expired.
(c)
Administrative Volunteer Leave. Administrative Volunteer Leave is Administrative Leave authorized only for those specific initiatives approved in Section 116.1302.
(Ord. 1999-577-E, § 1, 8-30-99; Ord. 2001-962-E, § 1; Ord. 2007-178-E, § 1)
Sec. 116.1302. - Administrative volunteer leave.
Administrative volunteer leave may be provided to employees who have applied for, and have been approved to receive, said leave to:
(a)
Work on a JaxCares qualified sponsored project in accordance with the following:
(1)
Nonmatch hours. The City may provide up to eight hours of administrative leave per fiscal year to employees who have been approved by their supervisor to work on a qualified sponsored project; and
(2)
Match hours. The City may match up to 16 hours per fiscal year on a one-to-one basis, for every personal leave hour taken by an employee to work on a JaxCares qualified sponsored project.
(3)
JaxCares qualified sponsored project hours shall not exceed 5,000 hours per fiscal year, which hours include administrative volunteer hours and personal leave hours taken by an employee to work on a JaxCares qualified sponsored project.
(b)
Work on qualified mentoring and literacy projects in accordance with the following:
(1)
Nonmatch hours. The City may provide up to eight hours of administrative leave per fiscal year to employees who have been approved by their supervisor to work on a qualified sponsored project; and
(2)
Match hours. The City may match up to 16 hours per fiscal year on a 1½-for-1 basis (total City match of 24 hours), for every personal leave hour taken by an employee to work on a qualified sponsored project.
(3)
Employees participating in qualified sponsored projects must obtain supervisory approval, must complete training at the Kessler Mentoring Center, and must commit to a program of 12 months of mentoring or literacy service. Matched administrative leave may be used for training.
(4)
The Director of the Employee Services Department shall, in coordination with the Kids Hope Alliance, develop and publish a plan identifying qualified mentoring or literacy services, and file same with the Division of Legislative Services.
(c)
Administrative volunteer leave may only be provided to employees as long as no temporary hours, compensatory time or overtime are anticipated to be necessary to staff the time associated with the Administrative Volunteer Leave.
(Ord. 1999-577-E, § 1; Ord. 2001-962-E, § 1; Ord. 2007-178-E, § 1; Ord. 2011-732-E; Ord. 2016-140-E, § 16; Ord. 2017-563-E, § 11)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Sec. 116.1303. - Reporting requirement.
No later than 30 days after the close of each fiscal year, the Mayor shall report to the Council Finance Committee, copy to the Council President and Chief of Legislative Services on the costs of Administrative Volunteer Leave for that fiscal year.
(Ord. 2001-962-E, § 1; Ord. 2007-178-E, § 1)
PART 14. - GROUP HEALTH PLAN
Sec. 116.1401. - Definitions.
Group Health Plan shall mean the various group health insurance benefits and options offered to City employees and retirees by a Group Health Vendor.
Group Health Vendor shall mean (i) an insurance company that provides fully insured group health insurance plans to the City's employees and retirees or (ii) a plan administrator that administers group health insurance benefits through a self-insurance arrangement.
(Ord. 2003-84-E, § 1; Ord. 2021-378-E, § 1)
Sec. 116.1402. - Special Committee on Group Health Benefits.
Pursuant to Chapter 33, Part 3, Ordinance Code, the Benefits Division of the Employee Services Department is responsible for ensuring the efficient and effective procurement of health and life insurance for the benefit of the City and its employees and retirees. To share information with plan participants about benefits and options included in the Group Health Plan, the Benefits Division shall meet semiannually with a Special Committee on Group Health Benefits which shall be composed of the following:
(a)
The Director of Employee Services, or his/her designee;
(b)
The Director of the Finance Department, or his/her designee;
(c)
One Council Member, designated by the Council President;
(d)
The Council Auditor, or his/her designee;
(e)
One member from each employee collective bargaining unit as designated by the respective unions;
(f)
One City retiree actively participating in the Group Health Plan as designated by Employee Services;
The Special Committee on Group Health Benefits shall convene only for the purpose of receiving a semiannual update from the Employee Services Department on the status and projection of the Group Health Plan. The Special Committee on Group Health Benefits shall not make any recommendations, provide advice, vote, nor engage in any decision-making regarding the Group Health Plan. Individual committee members are permitted to express their individual input regarding the Group Health Plan to the Employee Services Department. The Employee Services Department will keep the committee informed of major developments to the Group Health Plan for informational purposes only. It is the intent of the City of Jacksonville that the Special Committee on Group Health Benefits only engage in informational-gathering activities and duties, and shall not be considered a board or commission for purposes of Florida's Open Meetings Law.
(Ord. 2003-84-E, § 1; Ord. 2011-732-E; Ord. 2016-140-E, § 16; Ord. 2021-378-E, § 1; Ord. 2023-208-E, § 8; Ord. 2024-844-E, § 5)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Sec. 116.1403. - Request for Proposal (RFP) procedure.
At least one time every five years, beginning with the Group Health Plan that will become effective in calendar year 2004, the Employee Services Department shall develop an Request for Proposals for a Group Health Vendor and shall:
(a)
File the draft Request for Proposal with the Council Secretary. The Council Secretary shall notify each Council Member of receipt of the draft Request for Proposals and request Council Member comments pursuant to this Section 116.1403;
(b)
The Council Members shall have up to 15 calendar days after receipt of the draft Request for Proposals to submit any comments on the draft Request for Proposals; and
(c)
Issue a final Request for Proposals (RFP) to Group Health Vendors for employee and retiree group health insurance benefits pursuant to Chapter 116, Part 14, and Chapter 126, Part 3, Ordinance Code.
(Ord. 2003-84-E, § 1; Ord. 2011-732-E; Ord. 2016-140-E, § 16; Ord. 2021-378-E, § 1)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Sec. 116.1404. - Reserved.
Editor's note— Ord. 2021-378-E, § 1, amended the Code by repealing former § 116.1404, which pertained to awarding of group health plan contracts, and derived from Ord. 2003-84-E; Ord. 2011-732-E; and Ord. 2016-140-E.
Sec. 116.1405. - Transfers prohibited from Group Health Fund.
The City is prohibited from transferring excess or surplus funds out of the Group Health Fund. The excess or surplus Group Health Funds from one period shall stay within the fund and may be applied to reduce costs to the Group Health Fund in future periods.
(Ord. 2003-84-E, § 1)
Sec. 116.1406. - Self-Insurance.
Effective January 1 of each year, the City may provide plan benefits through a self-insurance arrangement rather than through a fully insured Group Health Vendor. The following provisions shall apply to such self-insurance:
(a)
Procurement of a Plan Administrator. A contract with a plan administrator must have been competitively procured in the preceding five years. Before awarding or contracting with the plan administrator, the Employee Services Department shall provide a written advisory report to City Council on the vendor responses to the competitive solicitation. The written advisory report shall be submitted to each Council Member and shall contain a recommendation of the response that best serves the interests of the City. The report shall describe the basis for the recommendation, including a comparison of the responding vendors with respect to the fees to be charged and the provider networks to be offered. The Mayor shall consider the report before awarding the contract to any vendor.
(b)
Annual Review. By July 1 of each year, Employee Services shall (i) review an actuarial analysis of the cost-benefits of a proposal to self-insure; (ii) review the terms of any plan administrator contract; and (iii) make plan recommendations to the Mayor.
(c)
Annual Notice to City Council. By August 1 of each year, the City Council shall be advised of any changes in the plan and the actuarial estimated costs of self-insuring the plan (and any proposed changes).
(d)
Funding Requirement. The funding necessary to cover the City's self-insurance obligations shall be included in the Mayor's proposed annual budget request and shall include the amounts necessary to pay for (i) plan administration services; (ii) stop loss insurance; (iii) estimated expenses and claims of the self-insurance program; (iv) reserves required by the State of Florida; and, (v) any other sums necessary for the operation of the Group Health Plan. Such funding shall be subject to approval by the City Council and, if approved, shall be deposited in the Group Health Fund.
(Ord. 2014-546-E, § 1; Ord. 2016-140-E, § 16; Ord. 2021-378-E, § 1)
PART 15. - FULL TIME AND TEMPORARY EMPLOYMENT
Sec. 116.1501. - Definitions.
The following definitions of employment status are hereby established:
(a)
Regular Full-time. A budget allocated position requiring 40 hours of work per week on a regular and recurring basis.
(b)
Temporary Full-time. A full-time temporary position required for less than six months on a special assignment or to replace an employee on leave.
(c)
Regular Part-time. A position routinely requiring fewer than 25 hours of work per week (50 hours per pay period) on a regular and recurring basis.
(d)
Seasonal. A position routinely requiring full-time or part-time work for a limited time not to exceed six-months, during specified times of the year.
(Ord. 2005-338-E, § 1)
Sec. 116.1502. - Limitations on employment and use of "temporary" employees.
Effective October 1, 2005, unless exempted below, no employee shall be hired in a temporary status except under one of the circumstances described below:
(a)
Temporary Full-time Status: An employee may be hired to work 40 hours per week for a maximum of six months. Such employees will be automatically terminated from service at the conclusion of six months full-time employment. For those temporary employees hired prior to enactment of this ordinance, the six months will commence as of October 1, 2005. Any temporary full-time employee who knowingly and voluntarily requests, in writing, to remain on Temporary Full-time Status after six months, may do so with concurrence of the Department, upon completion of a form created for City-wide use by the Employee Services Department, backed up by supporting documentation, which demonstrates that the employee has acted on his or her own initiative, voluntarily, without coercion, and that there exists a tangible economic benefit to the employee by remaining on temporary status.
(b)
Regular Part-time Status: An employee may be hired to work up to 50 hours per pay period (an average of 25 hours per week) for an indefinite period.
(c)
Seasonal Status: An employee may be hired on a full-time or part-time basis for a limited time not to exceed six-months, for seasonal work limited to certain periods of the year.
(d)
Exemption: The provisions of this Section, including the hours per week cap identified in Section 116.1502(a) and (b), shall not apply to:
(i)
Any temporary full-time employee who is a retired pensioner of the City authorized by Chapters 120 or 121 to continue to receive pension payments upon reemployment by the City;
(ii)
Civilian bailiffs in the Office of the Sheriff;
(iii)
Any employees of Cecil Aquatic Center or any future indoor aquatic center created by the City;
(iv)
Any full or part-time students working for the Clerk of Court; or
(v)
Any temporary and/or part time employee working for the Supervisor of Elections, for work performed during the period beginning eight weeks before and ending two weeks after an election conducted by the Supervisor of Elections.
(Ord. 2005-338-E, § 1; Ord. 2005-1461-E, § 1; Ord. 2006-175-E, § 2; Ord. 2022-412-E, § 1)
PART 16. - EX-OFFENDER CONSIDERATION AND OPPORTUNITY
Sec. 116.1601. - Statement of Policy.
It is the policy of the City of Jacksonville that the rehabilitation of ex-offenders is an essential component in a community fight against criminal activity; the hiring of ex-offenders into fair paying jobs helps restore the economic stability of ex-offenders, perpetuates their rehabilitation, reduces recidivism and contributes to a community crime free environment; providing consideration and opportunities to ex-offenders in City of Jacksonville employment can be accomplished without compromising the security of the City and its citizens, or unnecessarily depriving others of opportunities; and the City of Jacksonville should take a leading role in the rehabilitation of ex-offenders.
(Ord. 2008-911-E, § 1)
Sec. 116.1602. - Definitions.
(a)
Ex-offender is a convicted person who, after sentencing, has either not been incarcerated or has completed a period of incarceration, all within three (3) years of sentencing or the completion of incarceration, whichever is later.
(b)
Convicted means having pled guilty, no contest or nolo contendere to a felony offense; or having been found guilty of a felony offense by a judge or jury; regardless of adjudication of guilt.
(Ord. 2008-911-E, § 1)
Sec. 116.1603. - Consideration in hiring or appointment.
(a)
The departments and divisions of the City of Jacksonville shall give full and fair consideration in appointment in positions of employment to those ex-offenders:
(1)
Who otherwise qualify in all respects for the position sought; and
(2)
Who do not impose a special risk to the City, fellow workers, or citizens, by virtue of the nature of the offense as it directly relates to the position sought; and
(3)
Who have demonstrated rehabilitation through documented work experience or having completed a rehabilitation program conducted for ex-offenders in regard to entrance employment skills and transition to the workforce.
(b)
The Human Resources Division shall adopt rules to develop criteria to identify or specify documented work experience or completion of rehabilitation pursuant to Section 116.1603(a)(3) and to ensure that qualifying ex-offenders are given full and fair consideration in the employing department or division's selection processes. The Division shall present such rules to the Council for approval within four (4) months of the enactment of Ordinance 2008-911-E. The Division shall perform an analysis on the hiring practices and results of the City to determine how many ex-offenders were hired and to review why some ex-offenders may have been excluded.
(c)
This Section shall apply only to eligible persons who are described herein and who are residents of the City of Jacksonville.
(d)
The following positions are exempt from this Section:
(1)
All positions exempt from civil service;
(2)
Positions in the City of Jacksonville that require licensure as a physician; positions that require that the employee be a member of The Florida Bar; and any position in law enforcement or corrections.
(Ord. 2008-911-E, § 1)
Sec. 114.208. - Termination of authority. Chapter 117 - GRANTS