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Home My WebLink About2005-3471 Ordinance ORDINANCE NO. 2005-3471 AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1335, THE CLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE PROVISIONS OF SECTION 16 FOR DONATION OF ANNUAL LEAVE AND SICK LEA VE; PROVIDING FORA REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That the following section of the Classified Leave Ordinance No. 1335 shall be amended to add Section 16(a) to read as follows: SECTION 16 (a): Donation of Annual Leave and Sick Leave on the death of a co-worker 1., In those instances where a regular full time emplovee. with at least five (5) years of service with the City and a qualified designated dependant beneficiary. dies while in the employ of the City. other City employees may donate a portion oftheir annual or sick leave to that particular employee's dependant. 2. The donating employee must maintain a balance of at least 260 combined hours of annual and sick leave. 1, The donated time will be computed at the donating employee's current rate of pay at the time of donation. 4. One check of all donations will be issued to the employee's designated dependant beneficiary. If no dependant has been specified, the funds will go to the life insurance beneficiary. if that person meets the beneficiary designation. 5. A designated dependant qualified beneficiary shall mean a spouse. domestic {lartner, dependant child, or other person that meets that definition of a dependant under Internal Revenue Service (IRS) guidelines. 6. There will be a two (2) week period. immediately following the City's announcement of the employee's death, when employees may donate time. No donations will be accepted after that date. 7. The amount of time donated by the donating employee will reduce that employee's final leave settlement. ~ The donating employee donating will be required to sign a form indicating the hours donated and that these hours will reduce his/her final leave settlement. This signed form will be retained in the donating emplovee's personnel file. * * * 17. Collective Bargaining Contingency: As to employees in classifications governed by union contracts, implementation of the measures hereby amended in Sections 16(a), is contingent upon collective bargaining and approval by the unions to the extent such approval is necessary. Should any inconsistencies exist between this Ordinance and the union contracts, then the language of the union contracts shall supersede. SECTION 2: REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: SEVERABILITY. If any section, subsection, clause, or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4: CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-Iettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5: EFFECTIVE DATES. PASSED and ADOPTED this 12th day of January , 2005. This Ordinance shall take effect the 22nd ~Pwk C Y CLERK T:\AGENDA\2004\Oee0804\RegullU'lJeaveord1335clll.o4donatc.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4J{~ !-v-?-r'J{1 Date CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: Second reading of the Ordinance amending the Classified Leave Ordinance 1335 to amend provisions for the donation of sick and annual leave to a qualified dependant beneficiary of an employee that has died. Issue: Shall the City amend the Classified Leave Ordinance to allow for the donation of sick and/or annual leave to a dependant of a deceased employee? Item Summary/Recommendation: Adopt the Ordinance on second reading and public hearing for the Commission Meeting of January 12, 2005 to amend the Classified Leave Ordinance No. 1335 to allow employees that meet certain criteria to be able to donate sick and/or annual leave to a qualified dependant of an employee of the City that has died. Implementation of these provisions, once approved by Ordinance, is contingent upon negotiation with the City's bargaining units of FOP, IAFF, GSA, CWA and AFSCME. Advisory Board Recommendation: I N/A Financial Information: Finance Dept. Source of Funds: D Ci Clerk's Office Le islative Trackin : Mayra D. Buttacavoli, Director of Human Resources & Risk Management T:\AGENDA\2005\Jan1205\Regular\lea~ om 1335CL 12-04 donate summary2nd read .doc AGENDA ITEM R '5!3 DATE /-/;2. -O~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~ . ___ /' City Manager J <I' 0 Date: January 12, 2005 To: SECOND READING PUBLIC HEARING Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1335, THE CLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE PROVISIONS OF SECTION 16 FOR DONATION OF ANNUAL LEAVE AND SICK LEAVE; PROVIDING FOR A REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance on second reading and public hearing for the Commission meeting of January 12, 2005. ANALYSIS Pursuant to a referred request by Commissioner Luis R. Garcia, Jr., to establish a leave donation program to benefit dependents of deceased employees, a variety of alternatives were discussed at the Finance and Citywide Projects Committee of September 15, 2004. At the Finance and Citywide Projects Committee meeting of September 15, 2004, the Committee requested the Administration to work with Commissioner Luis R. Garcia, Jr. in developing a method by which employees could donate annual and sick leave hours to the dependant beneficiary of a deceased employee. The committee requested that any donation made by an employee be deducted from their leave balance available to be paid when they leave employment with the City. Additionally, the following are some of the stipulations that were added as a result of the Administrations meeting with Commissioner Luis R. Garcia, Jr.: . Donating employees must have at least 5 years of service with the City of Miami Beach; . The donating employee must maintain a balance of at least 260 combined hours of leave after the donation of time is made; . The donated time will be computed at the donors current rate of pay in effect at the time of the donation; . The donating employee will be required to sign an agreement that this donated time will reduce the number of hours available for payment of their final leave settlement. . The deceased employee must designate a dependant beneficiary. The Finance and Citywide Projects Committee approved the amended language at their meeting of November 23, 2004 and asked that the Ordinance be brought to the Commission for approval. Implementation for the bargaining units of Fraternal Order of Police (FOP), International Association of Fire Fighters (IAFF), Government Supervisors Association (GSA), Communication Workers of America (CWA) and American Federation of State, County, and Municipal Employees (AFSCME) is continent upon negotiation. CONCLUSION The City Administration recommends that the Commission adopt the Classified Leave Ordinance amendments stated above. JMG:MDB:ph T:\AGENDAI2005\Jan1205\Regular\l...EAVE ORD 1335 CL 12-8-r..EMOdonate 2ndread.doc 'I I THE HL~ALL' l ,;-:...; ._i...-,,'.. U;"':"'.....,.;6Lt\ 23. 2v04 i 0 E o u ti ~ III .:; :;; ~ ~ CITY OF MIAMI BEACH lQ NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Rorida, in the Commission Chambers, 3rd ftoor, City Hall, 1700 Convention Center Drive, Miami Beach, Rorida, on Wednesday, January 12, 2005, at the times listed below to consider the following: at 10:15 a.m.: M ORDINANCE AMENDING ORDINANCE NO. 7a9, THE CL6.SSlFIED EMPLOYEES SALARY ORDINANCE, FOR THE GROUP I CLASSIRCATIONS, BEING THE CLASSIFICATIONS COVERED BY THE AMERICAN FEDERATION OF ~TATE, COUNTY MD MUNICIPAL EMPLOYEES (AFSCME) LOCAL NO. 1554, IN ACCORDANCE WITH THE NEGOTIATED AGREEMENT; RETROACTIVELY INCREASING ON THE FIRST PAY PERIOD BEGINNING APRIL 19, 2004, THE MINIMUM OF THE RANGES BY THREE PERCENT (3%) AND THE MAXIMUM OF THE RANGES BY THREE PERCENT (3%); INCREASING THE SALARY OF EACH EMPLOYEE BY THREE PERCENT (3%) EFFECTIVE WITH THE FIRST PAY PERIOD BEGINNING APRIL 19, 2004; BARGAINING UNIT EMPLOYEES SHALL RECEIVE AN ACROSS THE BOARD INCREASE OF THREE PERCENT (3%) WITH THE FIRST PAY PERIOD BEGINNING APRIL 1 a, 2005, AND A THREE PERCENT (3%) INCREASE TO THE MINIMUM AND MAXIMUM OF THE RANGES; AND AN ACROSS THE BOARD INCREASE OF THREE MD ONE HALF PERCENT (3.5%) WITH THE FIRST PAY PERIOD BEGINNING MAY 1, 2006, AND A THREE AND ONE HALF PERCENT (3.5%) INCREASE TO THE MINIMUM AND THE MAXIMUM OF THE RANGES; PROVIDING FOR A REPEALER, SEVERABIUTY, CODIFICATION, AND EFFECTIVE DATE. at 10:16 a.m.: AN ORDINANCE AMENDING ORDINANCE NO. 1335, THE CLASSIF(f:D EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE PROVISIONS OF SECTION 16 FOR DONATION OF ANNUAL LEAVE AND SICK LEAVE; PROVIDING FOR A REPEALER, SEVERABIUTY, CODIFICATION, AND AN EFFECTIVE DATE . - at 10:17 a.m.: M ORDINANCE AMENDING ORDINANCE NO. 1613. THE UNCLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE PROVISIONS OF SECTION 14 FOR DONATION OF ANNUAL LEAVE AND SICK LEAVE; PROVIDING FOR A REPEALER, SEVERABIUTY, CODIRCATlON, AND AN EFFECTIVE DATE. Inquiries may be directed to Human Resources at (305)673-7524. at 10:18 a.m.: M ORDINANCE AMENDING THE LAND DEVELOPMENT REGUlATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 11 a, "ADMINISTRATION MD REVIEW PROCEDURES," ARTICLE VI, "DESIGN REVIEW PROCEDURES," BY AMENDING SECTION 118-262 TO AMEND THE REQUIREMENTS FOR RUNG AN APPEAL TO THE CITY COMMISSION; PROVIDING FOR CODIFICATION, REPEALER, SEVERABIUTY,AND AN EFFECTIVE DATE. at 10:20 a.m.: TO CONSIDER AN AMENDMENT TO THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING THE LAND DEVElOPOMENT REGULATIONS OF THE CITY CODE, CHAPTER 130 "OFF-STREET PARKING," ARTICLE III, "DESIGN STANDARDS:'BY AMENDING SECTION 130-70 "TEMPORARY PARKING lOT STANDARDS;" AND SECTION 130-71 "PROVISIONAL PARKING LOT STANDARDS" BY CLAR1FYING EXISTING REGULATIONS, PROHIBITING PROVISIONAL LOTS IN THE R-PSI THROUGH 3 RESIDENTIAL PERFORMANCE STANDARDS ZONING DISTRICTS, AND MODIFYING LANDSCAPING STANDARDS. Inquiries may be directed to the Planning Department at (305)673-7550. INTERESTED PARTIES are invilM to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Rorida 33139. This meeting may be opened and continued lll1d, under such circumstances additional legal notice would not be provided. ,Ii ;. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.Q1 05, Ra. Stat, the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constiMe consent by the City for tho! introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or . appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, infonmation on access .for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218(TTY) five days in advance to initiate your request. lTY users may also call 711 (Rorida Relay Service). Ad #0293