DHSMV Policy Flashcards
Affirmative Action
A program designed to increase representation in jobs with a low representation of minorities in relation to their availability in the relevant labor market.
Employment Practices
Actions which include but are not limited to, hiring, promotions, training, demotions, transfers, reassignments, discipline and terminations.
Equal Employment Opportunity
The policy required in federal and state law, of ensuring all qualified individuals the right to work and to advance only on the basis of objective, job related merits, which measure knowledge, skills and abilities to perform a particular job.
Affirmative Action/Equal Employment (AA/EEO) Opportunity) Officer
The Chief of Personnel Services has been designated by the Executive Director to act as AA/EEO Officer.
Affirmative Action/Equal Employment Opportunity Commitment
A commitment to ensure fair and equal treatment for all persons in protected classes in all employment practices.
Protected Classes
Persons protected from unfair treatment on account of their gender, race, color, religion, national origin, ethnicity, age, disability, marital or veteran status, or any other class protected under Florida or federal law.
Any applicant or member who believes that he or she has not been afforded AA/EEO opportunity may file a complaint under DHSMV Policy 3.05, Claims of Discrimination to Include Sexual Harassment.
Claims of Discrimination to Include Sexual Harassment.
Hiring and promotional goals are established for all job categories on an annual basis in the AA/EEO plan by the Chief of Personnel Services in consultation with agency management. Managers and supervisors are expected to pursue AA/EEO goals.
annual basis
Targeted recruitment of protected classes is encouraged. Emphasis in recruitment will be expected in occupations where persons in protected classes are not employed in proportion related to their availability in the labor market
Targeted recruitment of protected classes is encouraged
Internal ADA Coordinator
The Executive Director has designated the Chief, Bureau of Personnel Services as the Internal ADA Coordinator. The designee is responsible for providing information, resources, and technical assistance to managers, supervisors and members in complying with ADA requirements as it relates to those applying for employment or to current members.
Essential Function
A job function may be considered essential for any of several reasons, including, but not limited to, the following: the reason the position exists is to perform that function, there are a limited number of members who can perform that function or the function is highly specialized and the member was hired for expertise or ability to perform it.
The Department will provide reasonable accommodations to ensure that services, programs and activities are readily accessible to persons with disabilities who request such accommodation.
reasonable accommodations
Chief of Personnel Services is to serve as Internal ADA Coordinator
Internal ADA Coordinator
Supervisors may not ask any applicant or member if they have a disability
may not
Any situation involving a member or applicant that involves ADA, accommodations, or situations where the supervisor believes that action may need to be taken in such a situation must be reported through the chain of command and to the:
Chief of Personnel Services
The Department will, upon request, and after consultation with the Internal ADA Coordinator, provide a reasonable accommodation
upon request, and after consultation with the Internal ADA Coordinator
Examples of reasonable accommodation include, but are not limited to:
- Making facilities accessible to a person with a disability;
- Job restructuring;
- Modifying work schedules;
- Acquiring or modifying equipment or devices; and
- Modifying exams or training materials
Any applicant or member who believes he or she has been unlawfully discriminated against on the basis of disability in employment may file a complaint with the Internal ADA Coordinator, the Chief of Personnel Services, through the provisions of Department Policy 3.05, Claims of Discrimination
the Internal ADA Coordinator, the Chief of Personnel Services
Assignment to administrative leave for formal investigation may be made when a member is under investigation for an offense for which dismissal is possible, or when undergoing a Fitness for Duty examination and safety necessitates removal from the workplace
an offense for which dismissal is possible, or when undergoing a Fitness for Duty examination and safety necessitates removal from the workplace
Administrative leave for formal investigation and alternate duty assignments are to be made only in critical and necessary situations, are not routine assignments, and should continue for the shortest time possible.
only in critical and necessary situations
Those assigned to administrative leave for formal investigation will remain prepared to report to work if called in by management, unless they have requested and been approved to take other leave, such as sick leave, during the period
will remain prepared
Assignment to administrative leave for formal investigation will not exceed 14 calendar days, unless an extension is granted by the Executive Director or designee.
14 calendar days,
Alternate duty is appropriate for members with medical conditions making them temporarily unable to do ordinarily assigned work. Either type of leave must be coordinated with the Division Director and with the Bureau of Personnel Services before the assignment is made.
medical conditions
The member will be advised in writing, signed by the appropriate Division Director or designee, with the concurrence of the Chief of Personnel Services or designee, of the assignment to administrative leave for formal investigation
will be advised in writing
The member will be advised in writing:
a. A statement that the member is being assigned to administrative leave for formal investigation;
b. The dates of the assignment to administrative leave and the member’s official daily administrative leave hours.
c. The days of the week that comprise the member’s administrative leave days;
d. How to request sick and annual leave;
e. The designated lunch period, if any, with the beginning and ending time indicated;
f. A statement that for the duration of the administrative leave for formal investigation, the member is restricted from visiting any department facility, unless instructed to do so by their division director or designee;
g. If the member is a law enforcement officer, a statement that they may not perform law enforcement duties nor work off-duty police employment, to include off duty scheduling for the duration of the administrative leave for formal investigation assignment;
h. A description of how contact will be maintained between the member and their supervisor (e.g., the member must call the office each morning, etc.); and
i. A statement that the member is expected to be ready to report to work if called in, unless the member has properly requested sick or other leave.
j. A statement that failure to comply with the directive may subject the member to disciplinary action.
While assigned to administrative leave for formal investigation, the member’s time sheet on People First will reflect the time spent on administrative leave as Code 0046, Administrative Leave – formal investigation.
People First will reflect the time spent on administrative leave as Code 0046, Administrative Leave – formal investigation.
A copy of the notification letter must be delivered, scanned and emailed or faxed to the OER at (850) 617-5109 within 24 hours of delivery to the member.
within 24 hours of delivery to the member.
OER will be responsible for notifying the Department of Management Services that administrative leave for a formal investigation has been granted.
Approval for extending administrative leave should be initiated by day 7 of the administrative leave for formal investigation to allow sufficient time for the Executive Director or designee to review.
When the member is removed from an administrative leave for formal investigation assignment, the division director or designee will advise the OER in writing within 48 hours of the notice to the member.
within 48 hours of the notice to the member.
The member will receive a return to duty letter from the appropriate division director or designee with the concurrence of the Chief of Personnel Services stating the date and time they are authorized to return to work.
will receive a return to duty letter
There may be cases where, due to a need for extended investigation time, a member may be taken off administrative leave for formal investigation and placed on alternate duty until termination of the investigation. If this occurs, the same permissions described here must be sought, and a written assignment delivered.
a need for extended investigation time
Members may be assigned to alternate duty on a temporary basis for reasons including, but not limited to, the following:
a. When a member is under formal investigation for a disciplinary offense and it is not essential to the investigation that they be removed from the workplace;
b. In cases where the member need not be placed on administrative leave for investigation while undergoing a fitness for duty, a member may be placed on alternate duty after a member has received notification that a fitness for duty examination is scheduled and during the time when the Department is making a determination of the action to be taken as a result of the examination; or
c. When a member is temporarily unable to perform essential duties of their current classification for medical or other documented reasons.
Alternate duty includes duties which are not normally performed as a part of the member’s current position. An example would be assigning a Law Enforcement Officer to perform dispatching duties or clerical work in the station.
duties which are not normally performed as a part of the member’s current position.
Confirmation of assignment to alternate duty will be made to the member in writing from the designated division representative with the concurrence of the Chief of Personnel Services, describing the duties to be performed, the location of the alternate duty, and any other information necessary for the member to perform the new assignment. A copy of this confirmation will be faxed to OER at (850) 617-5109.
Confirmation of assignment to alternate duty will be made to the member in writing from the designated division representative with the concurrence of the Chief of Personnel Services
Any alternate duty assignment for medical reasons, including Workers’ Compensation, will be coordinated with OER and supported by a current medical certification completed by the treating health care provider.
Any alternate duty assignment for medical reasons, including Workers’ Compensation,
Medical certification must be submitted to cover all periods of any alternate duty assignment. After a member is on alternate duty for medical reasons for three months, OER must be contacted to determine if other actions are appropriate.
three months
When a member is removed from an alternate duty assignment, the manager will advise OER within two days of the notice to the member. If the alternate duty was for medical reasons the manager will fax or email medical documentation to OER, which releases the member to full duty.
the manager will advise OER within two days of the notice to the member
Once a member has reached Maximum Medical Improvement under Workers’ Compensation, or has exhausted all mandated leave, e.g. Family Medical Leave Act (FMLA), OER must be contacted to immediately to determine any further course of action.
OER must be contacted to immediately to determine any further course of action.
Division directors are responsible for ensuring compliance with all provisions of this policy when members are assigned to alternate duty or administrative leave for formal investigation.
Division directors
The Office of Employee Relations is responsible for advising department managers on the appropriate application of administrative leave and alternate duty assignments; maintaining records of members placed on administrative leave or alternate duty; and consulting with division management regarding the administrative or alternate assignment.
The Office of Employee Relations
Both the Division Directors and OER are responsible for monitoring the duration of administrative leave for formal investigation and alternate duty assignments.
Both the Division Directors and OER
CLAIMS OF DISCRIMINATION
TO INCLUDE SEXUAL HARASSMENT
A. Claimant-
A member of the Department alleging unlawful discrimination. However, any person other than a member who files a written allegation of unlawful discrimination will receive a written reply to their concerns.
Hostile Work Environment
occurs when severe and persistent unwelcome comments or conduct based on age, race, color, gender, sexual harassment, religion, national origin, disability, veteran status, marital status, or on any other legally protected characteristic, unreasonably interferes with a member’s or a group of members’ work performance.
Intake Officer
The Chief of Personnel Services has been designated by the Executive Director to receive, assess and facilitate resolution of claims of discrimination.
Office of Employee Relations (OER)-
The section in the Bureau of Personnel Services designated to assist members and claimants with questions about unlawful discrimination, provide information to the Intake Officer and the Inspector General as needed, track the filing of claims of unlawful discrimination, assist with ensuring their prompt and proper handling, and to keep a record of their ultimate resolution.
Sexual Harassment
A type of unlawful discrimination which consists of unwelcome sexual advances, requests for sexual favors and other verbal, written or physical conduct of a sexual nature including displays of sexually oriented images, when this conduct explicitly or implicitly affects an individual’s employment and unreasonably interferes with an individual’s work performance or creates a hostile work environment. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker or a non-employee such as a vendor. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.