§ 62-64. Training and higher education.

(a)

General. This section sets forth the conditions and criteria relating to the city's training and higher education program. The city may pay for all or a portion of the cost of training and/or higher education and may grant the use of work time for employees to attend training. The mayor shall establish procedures and formulate requirements for the administration of these provisions.

(b)

Establishment of qualified educational assistance program. The city intends this training and higher education program to be a qualified educational assistance program within the meaning of section 127 of the Internal Revenue Code of 1986, as amended, and the provisions of the program shall be interpreted in accordance with that intent. The program contained in this section shall be separate and distinct from any and all other city programs.

(c)

Employees eligible to participate. All employees of the city shall be eligible to participate in the program; provided, however, that employees whose employment is governed by the terms of a collective bargaining agreement between employee representatives and the city, shall not participate in the program unless, and then only to the extent that, such agreement or practices thereunder, provides for participation in this program. Only full-time regular status employees shall be eligible for the higher education benefits provided in subsection (d)(3) of this section.

(d)

Types of training and higher education covered. The types of training and higher education which are covered by this policy and are eligible for payment or reimbursement, include:

(1)

Routine training. Routine training consists of job-related seminars, conferences, presentations, and continuing education courses usually of short (one week or less) duration designed to improve employee skills and may be approved by the mayor, or designee;

(2)

Specialized training. Specialized training consists of established departmental programs approved by the mayor, or designee, and designed to increase employee skills or to meet licensure or certification requirements. Specialized training programs are usually longer than one week and lead to a required outcome such as licensure or certification;

(3)

Higher education. Higher education consists of courses offered by an accredited college or university. However, higher education does not include graduate level courses beginning before January 1, 2002. For this purpose, a graduate level course is a course taken by an employee who has a bachelor's degree or is receiving credit towards a more advanced degree, if the particular course can be taken for credit by an individual in a program leading to a law, business, medical, or other advanced academic or professional degree. Courses eligible for reimbursement must be related to a job within the city's job classification system.

(e)

Work time to attend training. Employees may attend routine training during normal working hours. Employees shall not be allowed to attend specialized training during normal working hours except when such training is only available during working hours or is a part of an established departmental program. Employees shall not be granted paid work time to attend higher education courses.

(f)

Payments for training and higher education. The city may pay the costs of training and higher education, provided funds were budgeted for these purposes and are available to cover the cost. Payment is limited to the cost of 12 semester hours at the Florida Atlantic University cost per semester hour and up to $250.00 for books, materials, and fees per fiscal year, and shall in no event exceed $5,250.00. The city, in its discretion, may pay the cost of routine or specialized training directly to the training provider in advance, or may reimburse the employee upon successful completion of the training. The city shall pay costs of higher education only by reimbursement of the actual costs incurred by eligible employees. Employees must attain a grade of "C" or better where letter grades are used or a grade of "pass" where pass/fail is used in order to be reimbursed.

(g)

Travel costs. The city shall not pay travel costs under this section which are related to an employee's pursuit of eligible training or higher education. However, nothing in this section 62-63 shall prevent the city from paying such related travel costs under another city program.

(h)

Repayments. Employees who voluntarily cease employment with the city, or who are terminated for cause other than failing to achieve a required license or certification, shall repay the costs of specialized training or higher education paid for by the city. Required repayments shall be as follows:

(1)

If the employee leaves or is terminated within one year following payment by the city, the employee shall repay the city 100 percent of the amount paid;

(2)

If the employee leaves or is terminated more than one year but fewer than two years following payment by the city, the employee shall repay the city 50 percent of the amount paid;

(3)

An employee who leaves or is terminated more than two years following payment of specialized training or higher education costs by the city is not obligated to repay the city any of the amounts paid. Employees are not required to repay the costs of routine training.

(i)

Notice. The city shall provide all employees eligible to participate in the program with a reasonable notice of the terms and availability of the program.

(Code 1979, § 2-229)