2010-3675 OrdinanceORDINANCE NO. 2010-3675
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 ACCUMULATIONRND PAYMENT
OF ANNUAL AND SICK LEAVE FOR THE GOVERNMENT
SUPERVISORS ASSOCIATION OF FLORIDA/OPEIU, LOCAL 100,
PROVIDING FOR A REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach has entered into a Collective Bargaining
Agreement with the Government Supervisors Association of Florida/OPEIU, Local 100
(GSA) that provides for the "must use" capon vacation accrual to be raised from 360 hours
to 500 and the maximum amount paid upon retirement, termination, or death is to be raised
from 580 hours to 620 hours; and
WHEREAS, these changes apply to those employees in classifications who are
represented by GSA and who are active at time of ratification of the Agreement; and
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 GSA.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA THAT THE FOLLOWING SECTIONS OF
THE CLASSIFIED LEAVE ORDINANCE N0.1335 AS AMENDED SHALL BE AMENDED
TO READ AS FOLLOWS:
SECTION 1:
Sec. 1335-5. Accumulation or Forfeiture of Annual Leave and Sick Leave.
(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), the
Communication Workers of America, the Government Supervisors Association of
Florida/OPEIU, Local 100 (GSA) and classified employees not covered by a bargaining unit
known as "Others," will be allowed no more than 360 vacation (annual) hours to be
accrued. Employees covered by the Fraternal Order of Police (FOP), Communication
Workers of American (CWA), and Classified employees not covered by a bargaining unit
and known as "Others" will be allowed no more than 500 vacation hours to be accrued
effective October 1, 2006; those employees covered by the Government Supervisors
Association of Florida/OPEIU, Local 100 (GSA) will be allowed no more than 500 vacation
hours to be accrued effective January 13, 2010; employees covered by the International
Association of Fire Fighters (IAFF) will be allowed 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 excess of the above maximum will be forfeited on the last day of the
last full pay period of the payroll year.
Sec. 1335-11. Payment for annual leave.
(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.
(2) For employees hired on or after October 1, 1978, except those covered by
the Fraternal Order of Police (FOP), and the International Association of Fire
Fighters (IAFF), Communication Workers ofAmerica (CWA) the Government
Supervisors Association of Florida/OPEIU, Local 100 (GSA) 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 Communication Workers ofAmerica (CWA) 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 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 of 600 hours; for those employees covered by the Government
Supervisors Association of Florida/OPEIU, Local 100 (GSA), the maximum
annual leave for which an employee or his beneficiary may be paid is 620
hours effective January 13, 2010; 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 effective January 13, 2010; for
employees covered by the International Association of Fire Fighters (IAFF),
the maximum amount of accrued, combined sick and vacation leave paid
upon retirement, termination or death shall not exceed 820 hours for nonshift
personnel and shall not exceed 1,230 hours for 24-hour shift personnel.
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: EFFECTIVE DATE.
This Ordinance shall take effect the ao~a.. day of _
PASSED and ADOPTED this ~of~ day of
!fit G ~ c~ , 2010.
~G~ ~ ~ , 2010.
~ ~
OR
ATTEST:
CITY CLERK
T:\P,GENDA\2010\February 3\Regular\Classified Leave Ordinance GSA 1stReading.doc
APPROVED AS TO
FORM & LA(~~UAGE
& FOR EXECUTION
Gity Attorn Y Date
Condensed Title:
COMMISSION ITEM SUMMARY
An Ordinance Amending Ordinance No. 1335, The Classified Employees' Leave Ordinance, By
Amending The Provisions For Accumulation And Payment Of Annual Leave For The
Government Supervisors Association Of Florida/OPEIU, Local 100 (GSA); Providing For A
Repealer, Severability, And An Effective Date.
Key Intended Outcome Supported:
Control costs of payroll including salary and fringes/ minimize taxes/ ensure expenditure
trends are sustainable over the long term.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the City implement measures to ensure a fair and equitable leave accumulation and
payment system for employees represented by the Government Supervisors Association of
_Florida/ OPEIU, Local 100 (GSA) in accordance with the negotiated contract provisions?
Item Summa /Recommendation:
Second Reading
The amendment to the ordinance increases the annual maximum accrual amount of annual
leave from 360 hours to 500 hours for employees represented by GSA. In addition, it also
increases the maximum annual leave amount for which an employee represented by GSA may
be paid upon separation, termination, retirement, or death from 480 hours to 620 hours in the
employee's final year. This makes the accumulation and payment provisions for GSA consistent
with the following employee salary groups: Communications Workers of America, Local 3178
(CWA); Fraternal Order of Police, William Nichols Lodge No. 8 (FOP) "Others"; and"
Unclassified. The item was presented at the February 3, 2010 City Commission meeting on first
reading. During this meeting, the City Commission directed the Administration to provide a
detailed analysis of the financial impact of the current leave accrual and payout caps for active
GSA members, as well as the recommended increases that were negotiated with the GSA.
The Administration recommends a rovin the ordinance on second readin ublic hearin .
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
3
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Ramiro Inguanzo
Sign-Offs:
D rtment Director is nt City Manager Ci na er
c ,~
T:~P,GENDA\2010\March 50\Regular~assified Le~ve Ordinance GSA Summary second re ing.doc / ~ / /
~ MIAMIBEACH AGENDADA E 3SV~~
Im MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 10, 2010 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 FOR
ACCUMULATION AND PAYMENT OF ANNUAL AND SICK LEAVE FOR THE
GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDAI OPEIU, LOCAL 100
(GSA); PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the ordinance on second
reading.
On January 13, 2010, the City Commission passed a resolution to ratify a successor Collective
Bargaining Agreement between the City and the Government Supervisors Association of
Florida/OPEIU International Union, Local 100 (GSA). As part of the terms and conditions of the
successor Agreement which was ratified by the City Commission, the "must use" cap on vacation
accruals was renegotiated for those employees covered by the GSA Union.
All full-time regular Classified and Unclassified City of Miami Beach employees accumulate 96 hours
(12 days) of annual leave per year during the first ten (10) years of employment; after ten (10) years
of employment with the City, employees accrue 136 hours (17 days) per year; and after twenty (20)
years of employment with the City, employees accrue 176 hours (22 days) per year.
Under the Classified Employees' Leave Ordinance (Ordinance No. 1335) and the Unclassified
Employees' Leave Ordinance (Ordinance No.1613) the "must use" cap on vacation accrual for the
Communications Workers of America, Local 3178 (CWA), the Fraternal Order of Police, William
Nichols Lodge No. 8 (FOP), "Others" and Unclassified salary groups is 500 hours which runs from
the first pay period in January of each year to the last pay period in December of each year (the
maximum amount that can be accrued from one payroll year to the next payroll year). An employee
that has reached the 500 maximum hours of vacation accrual may exceed that amount during the
next payroll year. However, if the employee does not take the vacation hours that are in excess of
the 500 hour cap, the employee forfeits all hours in excess of the 500 hour cap at the beginning of
the next payroll year. If an employee separates, retires, is terminated, or passes away at any point
during the payroll year in which they exceed the 500 hour maximum, then the maximum amount of
vacation leave paid out is 620 hours. This 620 hour maximum can only be reached in an employee's
final year with the City as long as the employee leaves prior to the end of the payroll year.
Commission Memorandum
March 10, 2010
Classified Leave Ordinance GSA
Page 2 of 3
AFSCME
For employees covered under the American Federation of State, County and Municipal Employees,
Local 1554 (AFSCME), the "must use" cap on vacation accrual is 360 hours, and the maximum
amount of vacation leave paid upon separation, retirement, termination or death is 480 hours.
IAFF
For employees covered under the International Association of Fire Fighters, Local 1510 (IAFF), the
"must use" cap on vacation accrual is 460 hours for non-shift employees and 690 hours for 24-hour
shift employees.
The leave adjustments agreed to between the City and the GSA provide active GSA members at the
time of ratification with the equivalent vacation accrual and payout caps currently offered to the
CWA, FOP, "Others" and Unclassified salary groups.
ANALYSIS
At the February 3, 2010 City Commission meeting, the Administration presented an amendment to
the Classified Employees' Leave Ordinance (ordinance 1335) on first reading proposing to increase
the "must use" cap on vacation accruals and the maximum amount of vacation leave paid upon
separation, retirement, termination or death in the employee's final year for those employees
covered under GSA. During this meeting, the City Commission directed the Administration to
provide a detailed analysis of the financial impact of the current leave accrual and payout caps for
active GSA members, as well as the recommended increases that were negotiated with the GSA.
GSA Proposed Amendment and Impact
The proposed ordinance amendment increases the "must use" cap on vacation accrual from 360
hours to 500 hours from one payroll year to the next payroll year for any GSA members that are
active upon ratification of the successor Collective Bargaining Agreement (January 13, 2010). In
addition, the maximum amount of accrued vacation leave paid upon separation, retirement,
termination, or death would be increased from 480 hours to 620 hours in the employee's final year of
service. This means that in an employee's final year of employment (and only in theirfinal year) they
may exceed the "must use" vacation cap of 500 hours and accrue up to a maximum of 620 vacation
hours, providing for a maximum payout of 620 hours of vacation upon separation, retirement,
termination or death. This would be consistent with the vacation accrual maximums for CWA, FOP,
Others and Unclassified employee groups.
There are currently fifty-nine (59) active members in the GSA Bargaining Unit. Years of service for
employees in the GSA range from less than one (1) year of service to 28.6 years of service. The
average years of service for GSA employees is eleven (11) years. The current vacation leave
balances for GSA employees ranges anywhere from a total of ten (10) hours to the current
maximum number of 360 hours. Currently there are only three (3) GSA employees at the vacation
maximum accrual of 360 hours. The total value for the current vacation hours accrued for all GSA
employees is approximately $200,000. This figure is derived from taking each employee's current
vacation leave accrual balance and multiplying it times their current hourly rate.
The average vacation accrual balance currently carried by a GSA employee at this time is 110 hours
(currently there are thirty-seven (37) GSA members below 100 hours; fourteen (14) GSA employees
that are between 100 and 200 hours; three (3) GSA members between 200 and 300 hours; and five
(5) GSA members exceeding 300 hours, with only three (3) of those GSA members at the 360 hour
maximum).
Commission Memorandum
March 10, 2010
Classified Leave Ordinance GSA
Page 3 of 3
In order to assess the true value of vacation leave hours paid upon separation, retirement,
termination or death, one would need the total amount of hours accrued as well as the employee's
potential final salary at time of separation. Since this information is difficult to determine or project,
one alternative is to assume the current financial impact by taking the difference of the employee's
current hourly salary multiplied by 480 (the current maximum payout of accrued vacation hours) and
the employee's current hourly salary multiplied by 620 (the proposed maximum payout cap for
accrued vacation hours). Assuming that all GSA employees were taken to the 480 hour cap at their
current hourly rate, the estimated cost would be approximately $880,000. If the cap was increased to
the 620 hours being proposed and maximum payouts were calculated at the employee's current
hourly rate, the estimated cost would be approximately $1.13 million. The difference between the
480 hours and the 620 hours being proposed based on the employees' current hourly rates is
approximately $260,000.
In the past three (3) years, there have been a total of nine (9) GSA employees who have separated
from the City. The average vacation leave payout for these nine (g) GSA employees was 174.40
hours. The employee with the most vacation leave payout was at 424.56 hours and the person with
the least vacation leave payout was 37.86 vacation hours. Therefore, there has not been any GSA
member in the past three (3) years who has separated from the City and was paid out at the
vacation cap of 480 hours. Based on current balances and recent trends, it is not likely that all GSA
members will reach the capped amount of vacation accrual in their final year of employment and
therefore, the financial impact to the City would be significantly less than the $260,000 in the
analysis above.
Should the City Commission approve and adopt the ordinance amendment on second reading at the
March 10, 2010 City Commission meeting, the "must use" cap on vacation accrual will be raised
from 360 hours to 500 hours (from one payroll year to another) for any GSA members that were
active upon the January 13, 2010 ratification date of the successor Collective Bargaining
Agreement. In addition, the maximum amount of accrued vacation leave paid upon separation,
retirement, termination, or death will be increased from 480 hours to 620 hours in the employee's
final year of service. This proposed amendment to the ordinance implements the changes
negotiated with the GSA regarding the increase to the vacation leave accruals and ratified by the
City Commission at the January 13, 2010 City Commission meeting.
CONCLUSION
The Administration recommends that given that the City Commission passed a resolution on
January 13, 2010 ratifying a successor Collective Bargaining Agreement between the City and the
GSA, that the City Commission adopt this Ordinance on second reading.
T:WGENDA\2010\March 10\Regular\Classifed Leave Ordinance GSA Memo FINAL VERSION.docx
THUP.SDAY, FEBRUARY 25,. 2010 i 25NE
NOTICE I$ HEREBY given that second readings and publ'ic'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, March 10, 2010, to consider the following:
10:20a.m.
Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 82, "Public Property," Article IV,
"Uses In Public Rights-Of-Way," Division 6, "Prohibited Signs Over Public Property," Section 82-414 "Permitted Signs,
Shelters And Advertising In Public Rights-Of-Way", To Permit Advertising On Rental Bicycles As Part Of A City Bike
Sharing Program '-
Inquiries may be directed to the Parking Department at (305) 673-7275.
10:30 a.m. Amendin The Provisions
Ordinance Amending Ordinance No. 1335, The Classified Employees' Leave Ordinance, By 9
For Accumulation And Payment Qf Annual And Sick Leave-For The Government Supervisors Association Of Florida/
Opeiu, Local 100.
.Inquiries may be directed to the Human Resources Department at (305) 673-7520.
10:40 a.m.
Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130, "Off-Street Parking," Article V,
"Parking Impact Fee Program," Clarifying That This Is Afee In-Lieu Of Providing Parking, And Permitting More Flexibility
~i In The Use Of Fees Collected By The City As Part Of This Program By Allowing Funds Collected By This Program To Be
Used For Alternative Transportation And Mobility Projects In Addition To Construction Of Parking Garages
Inquiries may be directed to the Planning Department (305) 673-7550.
11:00 a.m.
Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administration And Review
Procedures," Article 1, "In General," By Enacting A New Section 118-6, Entitled "Use Of, And Cost Recover) For;
Consultants For Applications For Development Approval," Requiring Applicants Required To Submit Traffic And Other
Technical Reports As Part Of Their Applications To Fund Report Preparation By Consultants Selected From ACity-
Approved List, In Addition To Any Consultant Reports The Applicant Desires To Submit, And To Require Cost Recovery
For City's Use Of Consultants Needed To Review Reports Submitted With Such Applications
Inquiries may be directed to the Planning Department (305) 673-7550.
11:15 a.m.
Ordinance Amending Chapter 18 Of The Miami Beach City Code Entitled "Businesses," By Amending Article Xv, Entitled
"Street Performers And Art Vendors" By Amending Sebtipn 15-901., Entitled "Definitions," By Expanding Geographical
Definitions And Areas Relating To Street Performers And Artist Vendors; By Amending Section 18-903, Entitled "Artie:
Vendor Certificate Required," By Amending The Provisions Regarding Fees, Certificate Requirements, Administrative
Rules, And The Procedures For The Processing Of Applications; By Amending Section 18-905, Entitled "Permit
Application," By Amending The Provisions Regarding Fees
Inquiries may be directed to the Code Compliance Department (305) 673-7555.
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, 1st Floor, City Half, Miam:
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, 1st Floor, City Hall, and Miami Beach, Florida 33139 or via the
City's web site at www.miamibeachfl:gov. This meeting may be contin~ied 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 and
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
contact (3051 604-2489 (voice), (305)673-7218(TTY) five days in advance to initiate your request. TTY users may also
call 711 (Florida Relay Service). -
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