LTC 070-2010 Requests for Information Regarding the Fraternal Order of Police (FOP)m MIAMI BEA H ~:;~~,~,~~~~~
OFFICE OF THE CITY MANAGER
NO. LTC # 070_2010 201U MAR -S PI9 5~ 14
- - CIT'r~ CEEi~~i"S OFF ICE
LETTER TO COMMISSION
TO: Mayor Matti Herrera
FROM: Jorge M. Gonzalez,
DATE: March 5, 2010
SUBJECT: Requests for
This memorandum is in res
Police (FOP), including the
• Average salaries for
• Leave types for FOP i
• Explanation of Supple
• Information regarding
• List of recent retirees,
Average Salaries
Below are the average base a
(Police Officer Trainee, Polic
extended wage is inclusive of
get, such as shift differential, c
do not include overtime or off
Bower and Members of the City Commission
amity Manager
~tion Regarding a Fraternal Order of Police (FOP)
to requests for information regarding the Fratemal Order of
ng:
classifications in the FOP
ital Injury Pay (ISC),
FOP Health Trust and Health Insurance, and
r pension amounts and their Chapter 185 account balances.
extended salaries for each of the classifications within the FOP
Officer, Sergeant of Police and Lieutenant of Police). The
use incentives or premium pays that members of the FOP may
of classification pay, C2uality of Life, and others. These figures
ity pays.
Number of Averaste Base Averas~e Extended
Classification Incumbents Annual Sala Annual Sala
Police Officer Trainee 8 $48,013 $48,344
Police Officer 258 $67,487 $70,484
Ser eant of Police 59 $82,520 $88,635
Lieutenant of Police 18 $94,677 $102,280
Additionally, an update to a
Memorandum to the City Con
City's five (5) unions, and thei
and off-duty work, for the 20C
top 50 total compensation e
enclosed as Attachment 1.
It is important to note that
business, entity or an event
glary report run last year was requested. An April 13, 2009
Fission listed the top ten (10) salaried employees for each of the
otal compensation, inclusive of salaries, overtime, premium pays
pay year. The current request was for an update regarding the
Wings for the FOP for the 2009 pay year. This information is
uty work is completely voluntary. As you know, a private
.or identifies a need or desire to have City employees, primarily
We are committed to providing excellent publi~ service and safety to all who live, work, and play in our vibronr, tropical, historic communiy.
Re: Requests for Information Regarding the Fraternal Order of Police (FOP)
March 5, 2010
Page 2 of 5
sworn employees in the Poli Department, work for them in the same capacity as their City
employment. The off-duty p y is paid to the City by the private business, entity or event
sponsor, and then the employ a is reimbursed directly by the City. Off-duty pay is taxable and is
part of the employee's total co pensation (gross income). However, off-duty is not pensionable.
It also important to note that t e names of the individuals are not included on the list. Pursuant
to Chapter 119, Florida Statut s, the identities of undercover law enforcement officers are not
subject to public record. On or more of the individuals on the list may be serving in an
undercover capacity, so they fore, all names have been left off of the list in an abundance of
caution.
Leave Tvoes
Most City employees, both OP and non-FOP, are eligible for the same types of leave.
Following is a list of leave typ s that all employees are eligible for:
o Annual (vacati n) -accrues based on hours worked, and cannot be used until
after six (6) m nths of service
^ 12 day per year for those employees with less than 10 years of service
^ 17 day per year for those employees with between 10 and 20 years of
^ 22 day per year for those employees with over 20 years of service
o Sick -accrue based on hours worked, and cannot be used until after six (6)
months of se ice
^ 12 day per year
o City-recognize federal holidays per year -10 per year
o Floating Holid ys - 3 per year (except for members of the IAFF who receive 2
per year)
o Employee's Bi hday -1 per year
For those FOP employees wit less than ten (10) years of service, if all leave was accrued and
used, it would total thirty-eight (38) days out of work. For those FOP employees with ten (10) to
twenty (20) years of service, fall leave was accrued and used, it would total forty-three (43)
days out of work. For those OP employees with over twenty (20) years of service, if all leave
was accrued and used, it would total forty-eight (48) days out of work.
There are also other types of I' ave that all City employees may be eligible for. Some have very
strict parameters, and all hav particular eligibility requirements. Following are additional leave
types that employees may be eligible for.
o Bereavement -
o Family Medica
weeks extensi~
o Jury Duty
o Religious Leav
provided for (i..
o Training Leave
away from the
o Military Leave
work for a peril
varies from 2 to 4 days per loss, depending on salary group
Leave - 12 weeks per year, as mandated by Federal Law, 12
~ at City's discretion
- up to 3 days per year for religious high holy days not othervvise
Easter, Rosh Hashanah, etc.)
• for approved conferences, seminars and training opportunities
for those members of the armed services who are absent from
d not to exceed 30 days for military training or active duty.
Re: Requests for Information Regar ing the Fraternal Order of Police (FOP)
March 5, 2010
Page 3 of 5
Unlike non-FOP employees, OP members are also eligible for Compensatory Leave (CL) time.
Pursuant to the Standard O erating Procedures (SOPs) of the Police Department, FOP
members may elect to earn C time in lieu of being paid overtime for any hours worked over 40
hours in one pay period. If C time is chosen, the employee will earn one and one half (1 %:)
hours of compensatory time for each hour worked over forty (40) hours. Employees are
permitted to accumulate up to 40 hours of CL time annually (320 for motorcycle officers). When
the 240 hour limit is reached, o additional CL time will be granted and the employee will be paid
for overtime per their existing contractual Agreement.
In the City's Classified Emp{ yees' Leave Ordinance (as well as in the City's Unclassified
Employees' Leave Ordinanc ), Section 1335-13 provides for Worker's Compensation and
supplemental injury pay. Th supplemental injury pay has come to be known as "Injury -
Service Connected", or ISC, s that is how it is coded in the City's payroll system. ISC is not
required by the federal gover ment or the state of Florida and is a City benefit which had been
negotiated with all of the unio s many years ago.
As outlined in Section 1335-1 of the Classified Employees' Leave Ordinance (a copy of which
is attached as Attachment 2), SC pay is provided to employees who suffer a work related injury.
If an employee is receiving orkers' Compensation pay under Chapter 440 of the Florida
Statutes, they typically only re eive 662/% of their pay for a maximum of 104 weeks (24 months).
ISC is paid by the City to sup lement the 662/% so that the employee receives 100% of their
pay. ISC is paid for a maxim m of 32 weeks (8 months). After the 32 weeks period has been
exhausted, the employee ma use their accrued leave (sick, vacation, etc.) to supplement the
State's 662/% if they remain ut of work due to the injury.
It should be noted that some Collective Bargaining Agreements with the City's unions (including
the FOP's) provide for an extension of ISC past the 32 weeks, at the City Manager's discretion,
which is granted on very rare occasions due to very extenuating circumstances.
It is also important to point ou that Section 440.15(11) of Florida Statutes provides for special
Workers' Compensation for la enforcement officers injured under certain conditions. Forthose
law enforcement officers who, while acting within the course of employment, are maliciously or
intentionally injured by a susp ct, and they sustain ajob-connected injury, they receive 100% of
pay rather than the 662/3%. I Cis not used to supplement the employee's pay under these
circumstances.
A breakdown of the health i surance premiums for FOP members, and any increases or
decreases, for the past five ( )years, was also requested.
The FOP Health Trust (Trust) rovides members with self-insured group health coverage. The
plan is funded by employee c ntributions (~30%) and a City subsidy (-70%). The employee
contributions are determined y the Trust, and the City subsidy is determined by the Trust's
annual cost projections, whic are based on the plan's claims experience and administrative
costs. The City's subsidy is c Iculated annually. Any increase or decrease to the City's subsidy
shall not exceed the straight lie average premium increases (or decreases) of the City's five (5)
medical plans for general em loyees.
Re: Requests for Information Regat`ding the Fraternal Order of Police (FOP)
March 5, 2010
Page 4 of 4
In 2010, the FOP Health Tru t experienced its first employee premium increase since 2006.
The employee premium incr ased approximately five percent (5%), which translates into an
additional $9.00 per month ( 108.00 annually) for employee only coverage, and an additional
$21.00 per month ($252.00 a nually) for family coverage.
Attachment 3 is a breakdow of the FOP Health Trust premiums for 2005 through 2010 plan
years. This shows the premi m structure (Employee Only coverage or Family coverage), the
employee monthly premium f r each structure (and percent increase, if any), the City's monthly
premium contribution for eac structure (and percent increase), and the total monthly premium
(employee and City contributions combined).
Retirees
A list of the most recent retir es (without names) within the Fraternal Order of Police (FOP)
bargaining unit over the pas two (2) years and the respective pension amounts, including
amounts paid during the em loyee's Deferred Retirement Option Plan (DROP) period and
amounts paid as part of the hapter 185 Fund accounts was also requested.
As you know, members of th Fire and Police Pension Plan also participate in a supplemental
"share" plan, which is funded by insurance premium taxes received pursuant to Chapters 175
and 185, Florida Statutes. FI rida Statute Chapter 185 defines the Police share plan and the
methodology for funding the Ian. The Police share plan is funded from casualty insurance
premiums. Each year the pre ium tax monies are allocated to share accounts maintained for
each police officer and the a counts earn interest over time. Upon retirement, police officers
receive a distribution of their hare account balance, in addition to their DROP distribution and
monthly pension benefit. In th Police share plan, the revenues are evenly distributed amongst
all plan members. Since the a individuals are in the DROP they are still working for the City.
• Attachment 4 is a list f those FOP members who entered the DROP in the past two (2)
years, their classifica ion, the date they entered the DROP, their annual pension
payment, their years f service with the City, their DROP account balances, and their
current Chapter 185 f nd account balances (as of January 31, 2010).
• Attachment 5 is a list o'F those FOP members who began collecting their pensions in the
past two (2) years. T ese individuals either (1) never entered the DROP and directly
entered retirement, or 2) entered the DROP and have either left early or completed the
DROP. These individ als have separated from the City and are not collecting DROP
payments and are no receiving their monthly pension payments. This list also includes
the respective individ al DROP account balances at time of separation (if applicable)
and Chapter 185 fund account balances at time of separation.
I hope that this information sat sfies the requests made. If you need clarification on any of these
items, please feel free to cont ct me or Ramiro Inguanzo, Human Resources Director, at x6697.
Attachments
cc: Ramiro Inguanzo, Hu~an Resources Director
F:\cmgr\$ALL\MEMOSWIemo - Comm T bin RFI re FOP Salaries Leave Health 3-5-10.doc
ATTACHMENT 1
Top 50 Total Compe sation Amounts in Fraternal Order of Police (FOP)
for 200 Pay Year (12/22/2008 - 12/20/2009)
Base
Premium Total
includin Off
Classification Sala Overtime Pa Total Off-dut dut
Sergeant 84,000.02 99,541.74 12,377.16 195,918.92 17,993.50 213,912.42
Lieutenant 91,228.84 58,639.29 14,328.51 164,196.64 14,264.00 178,460.64
Sergeant 84,000.02 49,119.19 11,535.15 144,654.36 33,173.00 177,827.36
Lieutenant 95,806.12 42,293.12 19,953.46 158,052.70 17,595.00 175,647.70
Ser eant 84,000.02 42,297.93 20,055.89 146,353.84 27,430.50 173,784.34
Lieutenant 97,230.12 54,169.79 21,865.38 173,265.29 120.00 173,385.29
Lieutenant 96,518.12 51,708.80 18,673.34 166,900.26 5,297.00 172,197.26
Police Officer 72,568.86 63,345.70 21,748.66 157,663.22 5,736.00 163,399.22
~ Lieutenant 96,518.12 31,795.24 18,714.97 147,028.33 14,380.50 161,408.83
Sergeant 84,000.02 36,786.12 19,454.01 140,240.15 18,876.00 159,116.15
Ser eant 84,000.02 54,763.60 16,102.43 154,866.05 4,217.50 159,083.55
Ser eant 84,000.02 56,073.19 14,402.73 154,475.94 4,217.00 158,692.94
Ser eant 78,798.80 26,559.94 10,255.04 115,613.78 41,855.50 157,469.28
Lieutenant 91,228.84 35,121.68 17,987.14 144,337.66 11,344.00 155,681.66
Police Officer 72,568.86 44,245.96 21,023.33 137,838.15 17,310.00 155,148.15
Police Officer 72,568.86 38,524.75 19,806.28 130,899.89 24,046.50 154,946.39
Lieutenant 92,773.78 45,308.45 15,487.10 153,569.33 - 153,569.33
Police Officer 72,568.86 49,712.85 11,476.46 133,758.17 18,216.00 151,974.17
Ser eant 84,000.02 39,230.24 16,050.96 139,281.22 11,418.00 150,699.22
Police Officer 72,568.86 49,360.12 12,470.23 134,399.21 16,065.00 150,464.21
Lieutenant 92,773.78 23,265.60 13,063.20 129,102.58 20,441.00 149,543.58
Ser eant 84,000.02 52,496.65 11,439.00 147,935.67 1,560.00 149,495.67
Police Officer 72,568.86 58,923.68 17,109.57 148,602.11 585.00 149,187.11
Ser eant 86,205.06 29,864.00 19,246.11 135,315.17 12,625.50 147,940.67
Ser eant 84,000.02 15,674.90 12,585.21 112,260.13 35,224.00 147,484.13
Police Officer 72,568.86 48,430.26 11,977.76 132,976.88 13,630.50 146,607.38
Police Officer 69,777.75 17,481.05 10,820.16 98,078.96 48,144.50 146,223.46
Lieutenant 96,518.12 23,920.82 15,948.24 136,387.18 9,622.50 146,009.68
Ser eant 84,000.02 34,121.91 18,435.19 136,557.12 9,385.00 145,942.12
Police Officer 72,568.86 42,851.61 23,174.26 138,594.73 7,299.00 145,893.73
Police Officer 72,568.86 13,313.34 6,963.51 92,845.71 52,932.00 145,777.71
Police Officer 72,568.86 58;409.29 13,737.08 144,715.23 540.00 145,255.23
Police Officer 68,836.26 28,351.78 10,658.43 107,846.47 36,681.50 144,527.97
Police Officer 69,083.30 55,111.27 8,152.39 132,346.96 11,626.50 143,973.46
Police Officer 72,568.86 48,789.03 14,746.05 136,103.94 7,440.00 143,543.94
Police Officer 72,568.86 53,401.61 7,614.59 133,585.06 9,339.00 142,924.06
Police Officer 72,568.86 42,670.49 18,312.51 133,551.86 8,895.00 142,446.86
Police Officer 72,568.86 42,896.45 19,533.28 134,998.59 7,422.00 142,420.59
Lieutenant 86,726.15 20,896.42 12,147.37 119,769.94 22,255.50 142,025.44
Police Officer 72,568.86 37,392.25 11,564.90 121,526.01 19,351.50 140,877.51
Ser eant 83,380.14 16,407.14 12,208.96 111,996.24 28,273.50 140,269.74
Police Officer 72,568.86 39,282.46 18,633.52 130,484.84 9,330.00 139,814.84
Police Officer 72,568.86 42,478.34 11,028.85 126,076.05 12,375.00 138,451.05
Police Officer 72,568.86 35,336.47 15,306.01 123,211.34 13,335.00 136,546.34
'Police Officer 72,568.86 38,378.10 15,804.79 126,751.75 9,585.00 136,336.75
Lieutenant 97,230.12 22,281.68 16,293.45 135,805.25 - 135,805.25
Police Officer 72,568.86 32,860.56 13,338.75 118,768.17 16,515.00 135,283.17
Ser eant 84,000.02 22,214.63 15,803.97 122,018.62 13,215.00 135,233.62
Police Officer 72,568.86 33,061.28 18,704.25 124,334.39 10,890.00 135,224.39
Police Officer 72,568.86 51,260.91 10,091.34 133,921.11 480.00 134,401.11
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ATTACHMENT 2
Ordinance No. 1335
CLASSIFIED EMPLOYEES' LEAVE ORDINANCE
Sec. 1335-1. Amounts of leave.
Sec. 1335-2. Probationary emplo ees.
Sec. 1335-3. Provisional employe s.
Sec. 1335.4. Special provisions f r employees on military leave.
Sec. 1335-5. Accumulation or fo eiture of annual leave and sick leave.
Sec. 1335-5. Transfer of sick leav to annual leave.
Sec. 1335-7. Use of annual leave.
Sec. 1335-13. Use of sick leave.
Sec. 133S-9. Charges against an ual leave and sick leave.
Sec. 1335-10. Timing of vacation .
Sec. 1335-11. Payment for annua leave.
Sec. 1335-12. Other leaves with c mpensation.
Sec. 7335-13. Worker's compens tion and supplemental injury pay.
Sec. 1335-14. Use of annual leav for purchase of pension time.
Sec. 1335-15. Donation of annual leave and sick leave.
Sec. 1335-16. Collective bargaini g contingency.
Sec. 1335-1. Amounts of
(a) Definition of immediate family: Annual leave and sick leave for
employees shall be gran ed and computed in accordance with the following
provisions and conditions For purposes of this chapter, the term "immediate
family" shall include an a ployee's domestic partner as that term is defined in
the city's domestic partner hip ordinance.
(b) Less than to years of service: Regular employees with less than
ten years of service shall be granted 96 hours of annual leave and 96 hours of
sick leave, prorated biwee ly, each year. A year, for purposes of this chapter, is
defined to mean from the f rst through the last pay period of each calendar year.
(c) More than tE
with more than ten but le;
of annual leave and 96 I
completion of ten years of
(d) More than
20 years of service shall
hours of sick leave, pror
employment.
(e) Generally:l
a pay period basis as
accordance with this cha
of the pay period that suc
time in determining numt
but less than 20 years of service: Regular employees
than 20 years of service shall be granted 136 hours
urs of sick leave, prorated biweekly, per year upon
years of service: Regular employees with more than
granted 176 hours of annual leave per year and 96
d biweekly, per year upon completion of 20 years of
Inual leave and sick leave shall be granted in hours on
specified by administrative regulations prepared in
ter. Leave shall be reduced proportionally by any part
employee was absent without compensation. Service
r of hours to be granted shall include all time spent as
Page 1 of 10
an employee in the class
which compensation has t
service in the Armed Forc
event an employee, abse
for which worker's comp
treating or examining phy
fails to do so, the period
return to his duties shall n
this subparagraph.
(Ord. No. 74-1997, § 1, 5
98-3125, § 1, 7-1-1998)
Sec. 1335-2. Probation
On and after Janua
probationary period and a
and eight hours' sick le
probationary employee.
(Ord. No. 1822, § 1, 3-20-
Sec. 1335-3. Provisional
Persons employed
sick leave. However, en
unclassified employees
probationary or provision
their accrued time during
(Ord. No. 78-2135, § 1, 9-
Sec. 1335-4. Special
All employees sha
respective duties in acct
conditions set forth in Ch;
regular status who serve ii
the city and who return to
terms of the military leave
the city, be granted leave i
city. Upon return to active
in cash for the vacation h~
into military service. Such
to employment with the c
adjusted annual leave crec
(Ord. No. 78-2135, § 1, 9
Sec. 1335-5. Accumu
ed or unclassified service regardless of status for
:n paid and time while on approved military leave for
of the United States, provided, however, that in the
from his duties because of service-connected injury
sation is payable, is certified by a city authorized
:ian to be physically able to return to his duties, and
stween such certification and the employee's actual
be deemed to be service time within the meaning of
15-1974; Ord. No. 79-2174, § 2, 9-19-1979; Ord. No.
employees.
22, 1970, upon satisfactory completion of an original
ointment to regular status, eight hours' annual leave
'e will be granted for each month served as a
970)
n a provisional basis shall not receive annual leave or
loyees who earned annual and sick leave time as
nd immediately following such are appointed to
status in the classified service are permitted to use
eir probationary or provisional status.
-1978)
ions for employees on military leave.
be entitled to military leave of absence from their
dance with the provisions of, and subject to the
Ater 115, Florida Statutes, 1957. Employees holding
the Armed Forces with military leave of absence from
ctive employment with the city in accordance with the
f absence, shall upon such return to employment with
the same amount as if they had been working for the
:mployment with the city, the employee shall be paid
would have been entitled to had he not been called
ayment will be at the rate of pay received upon return
ry and such vacation pay shall be charged against
1978)
or forfeiture of annual leave and sick leave.
Page 2 of 10
(a) Employees h red prior to October 1, 1978, may accumulate annual
leave and sick leave up to a total combined maximum of 2,088 hours. Any hours
of leave in excess of abov maximum will be forfeited on the last day of the last
full pay period of the payro I year.
(b) At the end of each payroll year, all employees except those
covered by the Fraternal rder of Police (FOP), the International Association of
Fire Fighters (IAFF), the Communication Workers of America, and classified
employees not covered b a bargaining unit known as "Others," will be allowed
no more than 360 vacatio (annual) hours to be accrued. Employees covered by
the Fraternal Order of olice (FOP), Communication Workers of American
(CWA) and Classified employees not covered by a bargaining unit and known as
"Others" will be allowed n more than 500 vacation hours to be accrued effective
October 1, 2006; employ es covered by the International Association of Fire
Fighters (IAFF) will be all wed no more than 460 hours for nonshift employees
and 690 for 24-hour shift employees to be accrued effective October 1, 2006.
Any hours of leave in exc ss of the above maximum will be forfeited on the last
day of the last full pay peri d of the payroll year.
(Ord. No. 2007-3573, § 1, 0-17-2007)
Sec. 1335-6. Transfer of $ick leave to annual leave.
(a) For employe s hired prior to October 1, 1978, sick leave accrued in
excess of 360 hours ma be used for vacation time within the limits of this
chapter.
(b) For employe s hired on or after October 1, 1978, except those
covered by the Fraternal rder of Police (FOP), the International Association of
Fire Fighters (IAFF) and lassified employees not covered by a bargaining unit
and known as the group " thers," sick leave accrued in excess of 360 hours may
be transferred to annual le ve at the rate of two days of sick leave to one day of
annual leave. At the time f resignation, retirement, termination, or death, such
employee can transfer si k leave in this manner to reach a maximum of 480
hours of vacation (annual leave. For employees covered by the International
Association of Fire Fighte s (IAFF) and classified employees not covered by a
bargaining unit and know 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 maxi um of 580 hours of vacation (annual) leave; for
employees covered by th Fraternal Order of Police (FOP), such employee can
transfer sick leave in this anner to reach a maximum of 620 hours of vacation
(annual) leave effective Oc ober 1, 2006.
(Ord. No. 2006-3542, § 1, 2-6-2006)
Sec. 1335-7. Use of annul leave.
Page 3 of 10
Vacation will be ch.
to annual leave time if all
and absences due to dea
annual leave if all sick tirr
comply with section 1335-
(Ord. No. 2001-3335, § 1,
Sec. 1335-8. Use of sick
(a) Sick leave
injury, not service conn
immediate family, and for
(b) Payment of
religious holidays, not otF
year.
(c) All employe
absences from duty, not
designated superior withir
day that such absence o.
may be expected to the
shall be reported as spe
approximate length of tir
absences for which comp
resources director or de
registered nurse of his se
unable during the entire
such absence was not dui
All employees in positic
(CBA) between the City ~
Fighters (IAFF) will be r
leave incident after the
period. Covered employ
required will not be perm
for the duration of the sic
Fire Departmental Stand.
rged to annual leave time. Sick leave can be charged
ck leave time has been exhausted. Religious holidays
i or illness in the immediate family will be charged to
has been exhausted. In any case, employees must
(c) of this chapter.
2-19-2001)
be used for absences because of sickness or
for absences due to death or illness in the
~us holidays.
ve for religious holidays shall be limited to high
se provided for, and may not exceed three in any
s in the service of the city shall be required to report
previously arranged, to their appointing officer or a
one hour after the usual time of beginning work each
curs, unless the cause of the absence is such that it
if considerable duration, in which case, the absence
;ified the first day, together with a statement of the
e such absence is expected to continue. Cases of
~nsation is claimed may be investigated by the human
;ignee and the report of a registered physician or
action may be required, stating that the employee was
bsence to perform the duties of his position and that
to excesses on the part of the employee concerned.
s covered by the Collective Bargaining Agreement
Miami Beach and the International Association of Fire
uired to present medical documentation for any sick
ird sick leave incident in the previous twelve month
~s who do not bring in medical documentation when
~d to return to work and will be on Leave Without Pay
leave usage. Covered employees should refer to the
i Operating Guidelines (SOG) for further information.
(d) Holidays. W en holidays, designated as such by the city council,
fall within periods of sick eave or vacation with pay, no charge shall be made
against the employee's lea a credits for the holiday.
(Ord. No. 74-1997, § 6, 5-'~ 5-1974; Ord. No. 2008-3612, § 1, 9-17-2008)
Sec. 1335-9. Charges
nst annual leave and sick leave.
Page 4 of 10
(a) Charges sha I be made against the employee's annual leave or sick
leave credits for a mini um of six minutes that the employee is absent for
sickness or injury, not se ice connected, or because of the death or serious
illness of a member of th employee's immediate family, for religious holidays,
and for vacation. Twelve h urs for a fireman is considered an eight-hour day.
(b) It shall be ~he duty of the department head in recommending
payment of annual leave r sick leave, to take into account the normal days off
duty of the employee concerned and to report for use of sick leave or annual
leave only that time that t e employee is normally required to work. It shall be
considered that all employ es work a 40-hour week.
(Ord. No. 76-2067, § 1, 6- -1976)
Sec. 1335-10. Timing of
Vacations shall be ranted at a time suitable to the department head and
convenient to his/her work schedule as far as practicable.
(Ord. No. 83-2393, § 1, 11 16-1983)
Sec. 1335-11. Payment
(a) Retirement c
leave, including credits g
regular employee who die
the terms of any city pen:
respectively at the rate o'
the time of his death or rei
(b) Resignation
(1) Any earned
therefrom a
adopted, of
good standir
removal or
payment sl
removed re
either by ti
rights.
(2) a. For
employee w
with the Cit~
department
annual leave.
death: Any earned balance of annual leave and sick
anted in 1939 when civil service was adopted, of a
s while an employee of the city, or who retires under
on plan, shall be paid to the beneficiary or employee
compensation received by such regular employee at
•ement.
removal:
balance of annual leave and sick leave, deducting
~y credit granted in 1939 when civil service was
regular employee who is removed or who resigns in
~ shall be paid to such regular employee at the rate of
r received by such regular employee at the time of his
is resignation in good standing, provided that such
II not be made until such time as the resigned or
alar employee shall forfeit his right to re-employment
'limitation or by written forfeiture of all civil service
employees hired before October 1, 1978,
ng the provision of said section 1335-11(b)(1), any
ro shall involuntarily be deprived of his employment
of Miami Beach, due to transfer of a function of his
o the Metropolitan government, Dade County, or to
Page 5 of 10
any agency
be entitled 1
elect to tra
agency of t
or the entii
balance wit
civil service
b. For
notwii
any e
emplc
a funs
Dade
other
of 30
Metro
of Flc
portio
withoi
civil s
emplc
annu~
from
transf
and t
sick If
hours
(c) Maximum p~
(1)
For employe
leave and si
death of a r
equal to one
such regula
termination,
(2)
For employe
covered by
International
Workers of ~
by a barga
resignation,
maximum ai
may be pair
f the State of Florida, or other local government, shall
an option period of 30 days during which time he may
~fer to the Metropolitan government, Dade County,
State of Florida, or other local government any part
portion of his earned annual leave and sick leave
gut forfeiture of re-employment rights provided under
ales of the City of Miami Beach.
mployee hired on or after October 1, 1978,
standing the provision of said section 1335-11(b)(1),
nployee who shall involuntarily be deprived of his
ment with the City of Miami Beach, due to transfer of
ion of his department to the Metropolitan government,
;ounty, or to any agency of the State of Florida, or
Kcal government, shall be entitled to an option period
ays during which time he may elect to transfer to the
olitan government, Dade County, agency of the State
da, or other local government any part or the entire
of his earned annual leave and sick leave balance
forfeiture of re-employment rights provided under
vice rules of the City of Miami Beach. However, if the
ee elects to both transfer a portion of his earned
and sick leave and receive payment for the balance
~e City of Miami Beach, the combined maximum for
r and payment for annual leave shall be 360 hours,
s combined maximum for transfer and payment for
ive shall be one half of balance to a maximum of 360
s hired before October 1, 1978, payment of annual
k leave upon resignation, retirement, termination, or
~ular employee shall in no case exceed an amount
year's compensation at the rate of pay received by
employee at the time of his retirement, death,
• resignation.
es hired on or after October 1, 1978, except those
the Fraternal Order of Police (FOP), and the
',Association of Fire Fighters (IAFF), Communication
America (CWA) and Classified employees not covered
ping unit and known as the group "others," upon
~~etirement, termination, or death of an employee, the
nual leave for which an employee or his beneficiary
is 480 hours; for those employees covered by the
Page 6 of 10
Fraternal Or
American (C
bargaining ai
leave for whi
hours; and tl
beneficiary n
maximum p~
International
amount of a
retirement, t
nonshift per;
shift personn
ler of Police (FOP), the Communication Workers of
WA) and Classified employees not covered by a
d known as the Group "Others," the maximum annual
;h an employee or his beneficiary may be paid is 620
e maximum sick leave for which an employee or his
ay be paid is one-half of his sick leave balance to a
yment of 600 hours; for employees covered by the
Association of Fire Fighters (IAFF), the maximum
.crued, combined sick and vacation leave paid upon
~rmination or death shall not exceed 820 hours for
~nnel and shall not exceed 1,230 hours for 24-hour
(d) Computation~of annual leave payments:
(1) When a se lement is made for annual leave upon resignation,
retirement, o death of an employee, payment shall be made upon
the basis of the employee's hourly rate of pay for each hour of
annual and ick leave credited to his account. Deduction shall be
made from I ave credits prior to settlement for any hours granted in
advance in accordance with section 1335-12 of this chapter and not
actually earn, d as of the date of resignation, retirement or death.
(2) When an em~loyee uses annual leave or sick leave, payment shall
be made up n the basis of the employee's hourly rate of pay for
each hour charged against his annual or sick leave account.
(Ord. No. 1738, § 1, 12-4-1968; Ord. No. 74-1997, § 9, 5-15-1974; Ord. No. 78-
2135, §§ 1, 6, 9-20-1978; rd. No. 2007-3573, § 1, 10-17-2007)
Sec. 1335-12. Other leaves with compensation.
(a) With the approval of the city council, other leaves of absence with
pay may be granted by t e city manager in addition to regularly allowed leave
when such is recomme ded by the appointing officer for the purpose of
promoting efficiency or oth r good causes.
(b) All employee
will be entitled to use one
of their immediate family e
leave will increase to two ~
administrative regulations
bereavement leave will be
(Ord. No. 74-2017, § 2, 12
Sec. 1335-13. Worker's
~, after six months of continuous service with the city,
ay of bereavement leave upon the death of a member
fective with the first pay period in 1975. Bereavement
ays effective with the first pay period in 1976. Detailed
defining immediate family and procedures for using
ssued prior to January 1, 1975.
11-1974)
nsation and supplemental injury pay.
Page 7 of 10
(a) The city
administration of the W
(hereinafter referred to as
employee is entitled to r
with the Worker's Com
regulations promulgated th
law. Benefits shall be p
entitlement to benefits ha
or city's designated age
employee's rights under tl~
of Florida.
(b) An employee
duty because of injury wt-
been determined to be en
with the foregoing subpar
city physician and subject
receive supplemental injur
with the first absence fron-
the period the employee n
exceed 16 weeks. An em
extension of supplemental
period of entitlement and
manager, may grant sam
worker's compensation bE
city's designated agent. "
injury pay shall be 32 wee
leave time may then t
subparagraph, supplemen
of worker's compensation
agent. Employees entitlec
which is equal to the differ
compensation payable un
of the State of Florida. A n
of pay.
(Ord. No. 79-2174, § 3, 9-'
Sec. 1335-14. Use of ann
Any annual leave s
of 96 hours may at the re
pension time creditable
Computation of the numb
be made on the basis of
make such transfer. In
employee's balance of e
anager or the city's designated agent for the
rker's Compensation Law of the State of Florida
'city's designated agent") shall determine whether an
;eive worker's compensation benefits in accordance
:nsation Law of the State of Florida, rules and
:reunder, and such other applicable statutes and case
rid to an employee only after a determination of
been made. Such determination of the city manager
t is not intended to nor shall same abrogate an
laws governing worker's compensation in the State
with probationary or regular status who is absent from
ch is the direct result of his city duties and who has
itled to worker's compensation benefits in accordance
igraph (a) of this paragraph, upon certification of the
o the approval of the city manager, shall be entitled to
~ pay. The initial period of entitlement shall commence
duty as a result of the injury and shall continue during
mains absent from duty as a result of the injury, not to
~loyee may make application to the city physician for
injury pay for an additional 16 weeks beyond the initial
the city physician, subject to the approval of the city
provided that no such extension may be granted if
nefits have been terminated by the city manager or
'he maximum period of entitlement to supplemental
Mks, after which an employee's sick leave and annual
e applied. Notwithstanding any provision in this
al injury pay benefits shall cease upon the termination
benefits by the city manager or the city's designated
to supplemental injury pay shall be paid an amount
:nce between their normal city pay and the amount of
ler the provisions of the Worker's Compensation Law
xmal day's pay shall be one tenth of the biweekly rate
9-1979)
leave for purchase of pension time.
d sick leave in excess of the total combined maximum
uest of an employee, be used for the buying back of
service which the employee is entitled to buy.
r of hours needed to purchase back pension time will
ie employee's rate of pay as of the date he elects to
ch cases the personnel department will reduce the
•ned annual leave and sick leave by the number of
Page8of10
hours required to equal ~he pension system contribution and will cause the
amount of money to be tra sferred from the reserve for annual leave settlements
to the pension system employee contributions fund.
(Ord. No. 1834, § 1, 6-24-1j970)
Sec. 1335-15. Donation oif annual leave and sick leave.
(a) Generally. I
employee is affected by a
of their annual leave and
and/or sick time on a pro-
In the event the governs
includes the City of Miam
employee to assist anothe
the emergency, city emplo
basis, subject to the prior
(b) Donation of
worker.
those instances where a permanent full-time
on-job related illness which causes the total depletion
pick leave, other city employees may donate annual
ita basis to that particular employee's leave balance.
declares a state of emergency in an area which
Beach, and the donated time will be used for a city
city employee whose property has been damaged by
ses may donate annual and/or sick time on a pro-rata
~proval of the city manager.
ual leave and sick leave on the death of a co-
(1) In those inst~nces where a regular full time employee, with at least
five years service with the city and a qualified designated
dependant b neficiary, dies while in the employ of the city, other
city employe s may donate a portion of their annual or sick leave to
that particula employee's dependant.
(2) The donatin~ employee must maintain a balance of at least 260
combined ho rs of annual and sick leave.
(3) The donate time will be computed at the donating employee's
current rate f pay at the time of donation.
(4) One check fall donations will be issued to the employee's
designated ependant beneficiary. If no dependant has been
specified, th funds will go to the life insurance beneficiary, if that
person meet the beneficiary designation.
(5) A designate dependant qualified beneficiary shall mean a spouse,
domestic pa ner, dependant child, or other person that meets that
definition of a dependant under Internal Revenue Service (IRS)
guidelines.
(6) There will b
announceme
donate time.
a two-week period, immediately following the city's
t of the employee's death, when employees may
o donations will be accepted after that date.
Page 9 of 10
(7) The amount
that employe
time donated by the donating employee will reduce
final leave settlement.
(8) The donatin~ employee donating time will be required to sign a
form indicati g the hours donated and that these hours will reduce
his/her final eave settlement. This signed form will be retained in
the donating mployee's personnel file.
(Ord. No. 92-2792, § 1, 9- -1992; Ord. No. 2005-3471, § 1, 1-12-2005)
Sec. 1335-16. Collective
As to employees
implementation of the m.
11(c), and this section, is
the unions to the extent s~
exist between this chapte
union contracts shall supe
(Ord. No. 2007-3573, § 1,
Wing contingency.
in classifications governed by union contracts,
sures hereby amended in sections 1335-5, 1335-
mtingent upon collective bargaining and approval by
h approval is necessary. Should any inconsistencies
and the union contracts, then the language of the
0-17-2007)
Page 10 of 10
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