HomeMy WebLinkAbout2006-3542 Ordinance
ORDINANCE NO. 2006-3542
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 FOR ACCUMULATION
AND PAYMENT OF ANNUAL AND SICK LEAVE FOR
THE FRATERNAL ORDER OF POLICE (FOP);
PROVIDING FOR A REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has entered into a Collective
Bargaining Agreement with the Fraternal Order of Police (FOP) that provides, inter
alia, effective October 1 S\ 2006, the "must use" cap on vacation accrual is to be
raised from 460 hours to 500 hours and the maximum amount paid upon retirement,
termination, or death is to be raised from 580 hours to 620 hours;
WHEREAS, these changes apply to those employees who are represented by
the Fraternal Order of Police (FOP);
WHEREAS, the Classified Leave Ordinance No. 1335, as amended, needs to
be further amended to implement the changes negotiated in the Collective Bargaining
Agreement between the City of Miami Beach and the FOP; and
WHEREAS, that the following sections of the Classified Leave Ordinance
No. 1335, as amended, shall be amended to read as follows:
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1:
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5. Accumulation or Forfeiture of Annual Leave and Sick Leave:
(a) Employees hired prior to October 1, 1978 may accumulate annual leave
and sick leave up to a total combined maximum of 2088 hours. Any
hours of leave in excess of above maximum will be forfeited on the last
day of the last full pay period of the payroll year.
(b) At the end of each payroll year, all employees except those covered by the
Fraternal Order of Police (FOP), the International Association of Fire
Fighters (IAFF) and Classified employees not covered by a bargaining
unit and known as the group "Others", will be allowed no more than 360
vacation (annual) hours to be accrued. Employees covered by tfle
Fraternal Order of Police (FOP); the International Association of Fire
Fighters (IAFF) and Classified employees not covered by a bargaining
unit and known as the group "Others" will be allowed no more than 460
vacation hours to be accrued~~ employees covered by the Fraternal Order
of Police (FOP) will be allowed no more than 500 vacation hours to be
accrued effective October L 2006. Any hours ofleave in excess of the
above maximum will be forfeited on the last day of the last full pay
period of the payroll year.
6. Transfer of Sick Leave to Annual Leave:
(a) For employees hired prior to October 1, 1978, sick leave accrued in
excess of 360 hours may be used for vacation time within the limits of
this ordinance.
(b) For employees hired on or after October 1, 1978, except those covered by
the Fraternal Order of Police (FOP), the International Association of Fire
Fighters (IAFF) and Classified employees not covered by a bargaining
unit and known as the group "Others", sick leave accrued in excess of
360 hours may be transferred to annual leave at the rate of two days of
sick leave to one day of annual leave. At the time of resignation,
retirement, termination, or death, such employee can transfer sick leave in
this manner to reach a maximum of 480 hours of vacation (annual) leave.
For employees covered by the Fraternal Order of Police (FOP); the
International Association of Fire Fighters (IAFF) and Classified
employees not covered by a bargaining unit and known as the group
"Others", at the time of resignation, retirement, termination, or death,
such employee can transfer sick leave in this manner to reach a maximum
of 580 hours of vacation (annual) leave~~ for employees covered by the
Fraternal Order of Police (FOP), such employee can transfer sick leave in
this manner to reach a maximum of 620 hours of vacation (annual) leave
effective October L 2006. (Ord. No. 78-2135, ~4)
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11. Payment of Annual Leave:
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( c) Maximum Payment:
(1) For employees hired before October 1, 1978, payment of
annual leave and sick leave upon resignation, retirement,
termination, or death of a Regular employee shall in no case
exceed an amount equal to one year's compensation at the
rate of pay received by such Regular employee at the time of
his retirement, death, termination, or resignation.
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(2) For employees hired on or after October 1, 1978, except
those covered by the Fraternal Order of Police (FOP), the
International Association of Fire Fighters (IAFF) and
Classified employees not covered by a bargaining unit and
known as the group "Others", upon resignation, retirement,
termination, or death of an employee, the maximum annual
leave for which an employee or his beneficiary may be paid is
480 hours; for those employees covered by the Fraternal
Order of Police (FOP); the International Association of Fire
Fighters (IAFF) and Classified employees not covered by a
bargaining and known as the Group "Others" the maximum
annual leave for which an employee or his beneficiary may be
paid is 580 hours; and the maximum sick leave for which an
employee or his beneficiary may be paid is one-half of his
sick leave balance to a maximum payment of 600 hours~; for
those employees covered by the Fraternal Order of Police
(FOP), the maximum annual leave for which an employee or
his beneficiary may be paid is 620 hours; and the maximum
sick leave for which an employee or his beneficiary may be
paid is one-half of his sick leave balance to a maximum
payment of600 hours (Ord. No. 78-2135~ ~6)
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17. Collective Bargaining Contingency:
As to employees in classifications governed by union contracts,
implementation of the measures hereby amended in Sections 5, 6(b) and (c),
7 (b), 11 (c), and 17, 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
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Miami Beach, and it is hereby ordained that the provisions of this
ordinance shall become and be made a part ofthe Code ofthe 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.
This Ordinance shall take effect the 16th
December, 2006
day of
PASSED and ADOPTED this
6th day of
, I
Deqember
,2006.
,
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[ 'i' /. -~--
~id Dermer
ATTEST:
~d PllM~
CITY CLERK
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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COMMISSION ITEM SUMMARY
Condensed Title:
Ordinance amending the Classified Leave Ordinance 1335 to amend provisions for the accumulation
and a ment of annual leave for em 10 ees covered b the Fraternal Order of Police FOP.
Ke Intended Outcome Su orted:
Attract and maintain a quality workforce.
Issue:
Shall the City implement measures to ensure a fair and equitable leave accumulation and payment
system for employees covered by the Fraternal Order of Police (FOP) in accordance with the provisions
negotiated with the FOP?
Item Summary/Recommendation:
This Ordinance was approved October 11, 2006 on first reading and scheduled for a second and final
reading and public hearing for the Commission Meeting of December 6, 2006. The Ordinance increases
the annual maximum accrual amount of annual leave from 460 hours to 500 hours and increasing the
maximum annual leave amount for which a classified employee covered by the FOP may be paid upon
termination, retirement, or death from 580 hours to 620 hours.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OSPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin :
Mayra D. Buttacavoli, Director of Human Resources & Risk Management
Si n-Offs:
Department Director
Chief of Staff
City Manager
F:\huma\$all\Sue\FOP Leave Ord 1335 12-06 Summary. doc
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MIAMIBEACH
AGENDA ITEM
DATE
R. 5"' B
102 --(; -0 b
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE:
December 6, 2006
SECOND READING
PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MA R AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1335, THE
CLASSIFIED EMPLOYEE'S LEAVE ORDINANCE, BY AMENDING THE
PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND SICK
LEAVE FOR THE FRATERNAL ORDER OF POLICE (FOP); PROVIDING FOR A
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANAL YSIS
The Fraternal Order of Police (FOP) collective bargaining agreement provides that, effective
October 1, 2006, the must use cap on vacation accrual will be raised from 460 hours to 500
hours and the maximum amount paid upon retirement, termination, or death will be raised
from 580 hours to not to exceed 620 hours.
This proposed Ordinance applies to those employees represented by the Fraternal Order of
Police (FOP). This Ordinance will implement the changes negotiated to their collective
bargaining agreement.
CONCLUSION
The City Administration recommends that the City Commission approve the Ordinance on
second reading public hearing to ensure compliance with the FOP collective bargaining
agreement.
JMG/MDB/Rllsr
T:\AGENDA\2006\dec0606\Regular\FOP Leave Ord 1335 Memo Final Reading.doc
l? MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
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NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in
the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, December 6, 2006,
to consider the following:
10:15 a.m.
An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled "Miscellaneous Offenses," By Amending Article
VI Entitled "Sexual Offenders And Sexual Predators," By Amending Section 70-40, Entitled "Definitions" By Providing Definitions For
Sexual Offenders And Sexual Predators, By Amending Section 70-402, Entitled "Sexual Offender And Sexual Predator Residence
Prohibition; Penalties; Exceptions," By Providing A Prohibition For Sexual Offenders And Sexual Predators From Living Within 2500 Feet
Of Specified Locations Within The City Of Miami Beach Who Are Required To Register As A Sexual Offender Or A Sexual Predator With
The State Of Florida Department Of Law Enforcement (FDLE); By Amending Section 70-404, Entitled "Additional Restrictions"By
Providing That Persons Who Are Either Convicted Of Certain Violations In Which The Victim Was Less Than 16 Years Of Age, Regardless
Of Whether Adjudication WasWithheld, Or Are Required To Register As Sexual Offenders Or Sexual Predators With The FDLE Are
Prohibited From Knowingly Being Present In A County Or Municipal Park And Providing Signage Notification Of The Prohibition.
Inquiries may be directed to the City Attomey's Office at (305) 673.7470.
10:20 a.m.
An Ordinance Amending Ordinance No. 1335, The Classified Employee's Leave Ordinance, By Amending The Provisions For
Accumulation And Payment Of Annual And Sick Leave For The Fraternal Order Of Police (FOP).
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
10:25 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Sections 2-21 And 2-22 Thereof Regarding General Requirements
For Membership On City Of Miami Beach's Agencies, Boards And Committees, By Changing Term Limits For At-Large Members And
Providing For Automatic Expiration Of Direct Appointments In Certain Instances.
Inquiries may be directed to the City Attomey's Office at (305) 673-7470.
10:30 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Thereof Entitled "Campaign Rnance Reform," Sections
2-487 "Prohibited Campaign Contributions By Vendors," And 2-488 "Prohibited Campaign Contributions By Lobbyists On Procurement
Issues," By Expanding Notice Requirements Of City Campaign Finance Laws, And Exempting From The Definitions Of "Vendor" And
"Lobbyist" Those Persons And/Or Entities Who Provide Or Lobby Regarding Goods, Equipment, Or Services Not Exceeding $10,000.00
Per City Of Miami Beach Fiscal Year Wherein City Commission Action Is Not Required.
Inquiries may be directed to the City Attorney's Office at (305) 673-7470.
10:35 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, Section 130 "Off-Street Parking," Article V "Parking Impact Fee
Program, "Section 130-132 "Fee Calculation," By Raising The Parking Impact Fee As Specified In Section 130-132 (D) Of The City Code.
Inquiries may be directed to the Planning Department at (305) 673-7550.
11:30 a.m.
An Ordinance Amending Division 2, Entitled "Handbills," Of Article III, Entitled "Litter," Of Chapter 46 Of The City Code, Entitled
"Environment,"By Prohibiting The Distribution Of Commercial Handbills In Limited Areas Of The City; By Creating Rebuttable
Presumptions Regarding Authorization Of Distribution Of Commercial Handbills; By Providing For Seizure Of Handbills For Use As
Evidence At Prosecution; By Providing For Removal Of Handbills At Violator's Expense; By Amending Definitions Section By Creating
Definitions Of Violator, Business, Commercial Handbill, And One Day And Amending Definitions Of Handbill, Person And Public Parking
Lot; By Amending ProVisions Providing For Fines And Penalties For Violations, Appeal Procedures, And Alternate Means Of Enforcement.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
INTERESTED PARTIES are invited 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, 1 st Floor, City Hall, Miami Beach, Florida 33139.
Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention
Center Drive, 1 st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances
additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. 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 constitute consent by the City for the 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, information on access for persons with disabilities, and/or any
accommodation to review any document or participate in any city-sponsored proceeding, please c~ntac~ (30.5) .604-2489 (voice),
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