Chapter 33 - EMPLOYEE SERVICES DEPARTMENT

Sec. 32.1102. - Division chief. Chapter 34 - NEIGHBORHOODS DEPARTMENT Chapter 33 - EMPLOYEE SERVICES DEPARTMENT

PART 1. - DEPARTMENT ESTABLISHED

Sec. 33.101. - General.

There is created an executive department to be known as the Employee Services Department. The Department shall administer and be responsible for talent management, employee relations, labor relations, training and development, compensation and benefits for the Consolidated Government and all independent agencies, except when otherwise provided by law. The functions of the Department shall include, but not be limited to, the adoption of personnel rules and regulations as authorized by Section 17.05(d) of the Charter and implement the personnel rules and regulations by undertaking and performing the management duties required to carry them out. The Department shall also serve as the liaison to the Jacksonville Human Rights Commission with respect to non-housing matters.

(Ord. 2011-732-E, § 24)

Sec. 33.102. - Director of employee services.

The Director of Employee Services is the head of the Employee Services Department. The Director shall be appointed by the Mayor, subject to confirmation by the Council, and shall serve at the pleasure of the Mayor. The Director shall have a bachelor's degree or higher from an accredited college or university and at least five years of full-time experience in human resources management. The Director shall manage the various functions of the Department outlined herein, and perform such other duties and responsibilities as may be assigned by the Mayor. The Director, or his or her designee, shall also execute and deliver "Agreements for Volunteer Workers" according to the criteria set forth in Section 33.103, Ordinance Code.

(Ord. 2011-732-E, § 24)

Sec. 33.103. - Agreements for volunteer workers authorized.

The Employee Services Department is authorized to enter into, and the Director of the Employee Services Department, or his or her designee, is authorized to execute and deliver, on behalf of the City, a volunteer services agreement between the City and a public or private agency ("Agency") desiring to provide volunteer workers to the City, provided that the volunteer services agreement has been reviewed and approved by the Office of General Counsel, and provided further that the terms and conditions of such volunteer services agreement provide, at a minimum, that:

(a)

The term of the agreement shall be of no more than three years' duration;

(b)

The volunteer worker recommended by the Agency is not presently employed by the City;

(c)

To the extent compensation to the volunteer worker is contemplated from sources other than the City, such compensation will be paid by the Agency, and the City will have no obligation to provide compensation of any kind to the volunteer worker, with the exception of workers' compensation insurance coverage;

(d)

The volunteer worker shall be under the supervision and control of the City, which shall direct the day-to-day work assignments of the volunteer worker and the means by which such work assignments shall be accomplished;

(e)

The volunteer worker may not perform work for the City for more than eight hours a day or 40 hours a week;

(f)

The volunteer worker shall be subject to the City's Volunteer Background Screening procedure;

(g)

The City may terminate the agreement and dismiss the volunteer worker at any time with or without cause;

(h)

The Agency will agree to hold harmless, indemnify and defend the City, including, without limitation, its officers, representatives, agents and employees, from any and all claims, demands, actions, losses, damages and liabilities, including reasonable attorney's fees, arising directly or indirectly out of any reckless, intentional, or negligent acts or omissions of the volunteer worker performed in connection with the agreement, and to have in effect insurance coverage which adequately underwrites this promise of indemnity and which names the City as an additional insured;

(i)

The City's remedies against the Agency or volunteer worker for damages, and the form of action, are not limited, except as otherwise provided by law;

(j)

The City is not required to indemnify or limit the liability of the Agency or volunteer worker, except as otherwise required by law;

(k)

The agreement will be governed by and construed in accordance with the laws of the State of Florida and venue for litigation of the agreement shall be in courts of competent jurisdiction in Jacksonville, Duval County, Florida;

(l)

The Agency shall not discriminate against any person on the basis of race, creed, color, sex, religion, national origin, age, marital status or disability in its selection and provision of volunteer workers; and

(m)

The Agency shall at all times comply with laws, ordinances, requirements, orders, directions, rules or regulations of any federal, state or local governmental authority.

(n)

All agreements with outside Agencies as described in subsection (a) shall be approved by the Director of the Employee Services Department; however, nothing contained herein shall prohibit a director of a department of the City from otherwise accepting volunteer services from individuals upon the approval of the Department.

(Ord. 2011-732-E, § 24; Ord. 2014-148-E, § 1)

Sec. 33.104. - Agreements with colleges, universities, and vocational training schools for student workers (paid or unpaid) authorized.

The Employee Services Department is authorized to enter into, and the Director of the Employee Services Department, or his or her designee, is authorized to execute and deliver, on behalf of the City, a student worker agreement between the City and a college, university, or vocational training school ("School") desiring to provide student workers (such as interns or co-ops) to the City, provided that the terms and conditions of such an agreement provide, at a minimum, that:

(a)

The term of the agreement shall be of no more than three years' duration;

(b)

The student worker recommended by the school is not presently employed by the City;

(c)

The student worker is enrolled in the School and may be eligible to receive college credit based on the School's guidelines;

(d)

If compensation to the student worker is provided by the School and not the City, the City will have no obligation to provide compensation of any kind except workers' compensation insurance coverage;

(e)

When compensation is paid by the City, paid positions or part-time hours shall come from the budget of the department by which the student worker was hired;

(f)

Paid student workers shall be hired as part-time, seasonal, or full-time employees and shall meet the requirements in the Ordinance Code for that respective type of employment category;

(g)

During the agreed-upon time period, the student worker shall be under the supervision and control of the City during work hours and the City shall direct the day-to-day assignments of the student worker and the means by which such work assignments shall be accomplished;

(h)

The student worker may not perform work for the City for more than eight hours a day or 40 hours a week;

(i)

The student worker shall be subject to the City's background screening procedure;

(j)

The City may terminate the agreement and dismiss the student worker at any time with or without cause;

(k)

The School will agree to hold harmless, indemnify, and defend the City, including without limitation its officers, officials, representatives, agents, and employees, from any and all claims, demands, actions, losses, damages, and liabilities, including reasonable attorney's fees, arising directly or indirectly out of any reckless, intentional, or negligent acts or omissions of the student worker performed in connection with the agreement, and to have in effect insurance coverage which adequately underwrites this promise of indemnity and which names the City as an additional insured;

(l)

The City's remedies against the School or student worker for damages and the form of action are not limited, except as otherwise provided by law;

(m)

The City is not required to indemnify or limit the liability of the School or student worker, except as otherwise provided by law;

(n)

The agreement will be governed by and construed in accordance with the laws of the State of Florida and venue for litigation of the agreement shall be in courts of competent jurisdiction in Jacksonville, Duval County, Florida;

(o)

The school shall not discriminate against any person on the basis of race, creed, color, sex, religion, natural origin, age, marital status, or disability in its selection and provision of student workers;

(p)

The School shall at all times comply with laws, ordinances, requirements, orders, directions, rules, and regulations of any federal, state, or local governmental authority;

(q)

All student worker agreements with Schools shall be approved by the Director of the Employee Services Department; however, the department accepting the student worker will be responsible for fulfilling the obligations agreed to in the agreement with the School, including completing any evaluations needed by the School; and

(r)

Completion of the work for the City does not guarantee the student worker a position with the City.

(Ord. 2014-148-E, § 2)

PART 2. - TALENT MANAGEMENT DIVISION

Sec. 33.201. - Talent Management Division; establishment; functions.

There is created a Talent Management Division. The functions of the Division shall include, but not be limited to, the following:

(a)

Establish and maintain a roster of all employees of all offices, departments, and boards of the Consolidated Government, which shall reflect such data and information as may be deemed necessary by the Mayor regarding personnel organization and management and as may be required by the personnel rules and regulations.

(b)

Design, administer and maintain a human resources information system. Maintain employee personnel files and coordinate the payment of salary earned and all applicable incentive payments.

(c)

Prepare and maintain an up-to-date record of the authority, duties and responsibilities of each position, including those in the classified civil service as well as exempt and unclassified positions.

(d)

Develop, manage, deliver, and evaluate programs for employee development and training, and develop or contract for retraining facilities and programs for employees affected by changes in their employment resulting from merger or elimination of units of the Consolidated Government.

(e)

Develop and implement strategic human resources consulting services and support to departments and agencies of the government, to include recruitment and selection tools, job evaluation and pricing, salary and wage analyses, and work force planning.

(f)

Develop and prepare job specifications for the various classes of positions in the classified civil service and for positions not under civil service.

(g)

Conduct examinations as required by the civil service and personnel rules and regulations to determine qualifications for jobs covered by the civil service, and freely advertise job placement opportunities and requirements in connection with the administration of examinations.

(h)

Establish a listing of eligible persons as a result of examinations and certify to the appropriate appointing authority the names of the persons qualified by examination for employment or promotion.

(Ord. 2011-732-E, § 24; Ord. 2023-208-E, § 1)

Sec. 33.202. - Division Chief.

The Chief of Talent Management is the division chief of the Talent Management Division. The Chief shall be appointed by the Mayor, subject to confirmation by the Council, and shall serve at the pleasure of the Mayor. The Chief shall have a bachelor's degree from an accredited institution, proven administrative ability, and at least five years of experience in the field of employee recruiting, training, and employee services management.

(Ord. 2011-732-E, § 24)

PART 3. - BENEFITS DIVISION[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2023-208-E, § 2, amended the title of Pt. 3.

Sec. 33.301. - Benefits Division; establishment; functions.

There is created a Benefits Division. The functions of the Division shall include, but not be limited to, the following:

(a)

Design, develop, manage, and administer employee health and wellness related benefit programs, including but not limited to, group health, dental and vision, flexible spending, group life insurance, and cafeteria plans.

(b)

Design, develop, manage, and administer, in coordination with the Treasury Division, the deferred compensation 457(b) and defined contribution 401(a) plans.

(c)

Ensure, in coordination with a committee comprised of the Chief Administrative Officer, Chief Financial Officer, General Counsel, Director of Employee Services, Risk Manager (or their respective designees) and two individuals with insurance experience appointed by the Council President, the efficient and effective procurement of health and life insurance for the benefit of the City and its employees.

(d)

Administer the Employee Assistance Program to include development of policies and procedures, training, assessment, counseling and referral services.

(e)

Ensure, in coordination with the Accounting Division, the accuracy of payroll certification in accordance with applicable ordinances, laws, and rules and regulations.

(f)

Ensure compliance with state and federal employee benefit laws by researching and implementing any changes to any of the benefit plans and programs administered by the Division.

(Ord. 2011-732-E, § 24; Ord. 2016-140-E, § 16; Ord. 2023-208-E, § 2)

Sec. 33.302. - Division Chief.

The Chief of Benefits is the division chief of the Benefits Division. The Chief shall be appointed by the Mayor, subject to confirmation by the Council, and shall serve at the pleasure of the Mayor. The Chief shall have a bachelor's degree from an accredited institution, proven administrative ability, and at least five years of experience in the field of employee benefits management.

(Ord. 2011-732-E, § 24; Ord. 2023-208-E, § 2)

PART 4. - EMPLOYEE AND LABOR RELATIONS DIVISION

Sec. 33.401. - Employee and Labor Relations Division; establishment; functions.

There is created an Employee and Labor Relations Division. The functions of the Division shall include, but not be limited to, the following:

(a)

Manage and administer City's employee/management labor relations responsibilities and contracts in compliance with law (including but not limited to Chapter 447, Florida Statutes);

(b)

Negotiate or participate in negotiations with duly accredited bargaining agents representing employee bargaining units certified pursuant to F.S. Ch. 447, Pt. II, and make recommendations to the Mayor, department heads, Council and independent agencies;

(c)

Manage employer-union relations, including union representation procedures and other proceedings before the Florida Public Employees Relations Commission (PERC) with legal representation as appropriate;

(d)

Perform strategic and functional leadership of labor relations and employee relations activities, including but not limited to compliance;

(e)

Administer employee relations functions to assist in resolving conflicts among personnel;

(f)

Participate in grievance matters at the departmental level and above by providing advice and assistance to department directors in resolving of such grievances; and

(g)

Perform investigations into allegations made about employee or management misbehavior and provide advice on appropriate discipline or other remedial actions.

(Ord. 2011-732-E, § 24)

Sec. 33.402. - Division Chief.

The Chief of Employee and Labor Relations is the division chief of the Employee and Labor Relations Division. The Chief shall be appointed by the Mayor, subject to confirmation by the Council, and shall serve at the pleasure of the Mayor. The Chief shall have a bachelor's degree from an accredited institution, proven administrative ability, and at least five years of experience in the field of employee and/or labor relations management, or shall have a law degree and at least five years of experience in the field of labor and employment law.

(Ord. 2011-732-E, § 24)

Sec. 32.1102. - Division chief. Chapter 34 - NEIGHBORHOODS DEPARTMENT