2010-3692 Ordi
'~ 2010-3692
ORDINANCE NO. O
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 AMERICAN FEDERATION
OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1554
(AFSCME); PROVIDING FOR A REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has entered into a Collective Bargaining
Agreement with the American Federation of State, County and Municipal Employees, Local
1554 (AFSCME) that provides for the "must use" cap on 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 AFSCME 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 AFSCME.
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) ,
,. ~~
. Employ ~ At the end of each payroll year, 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 American Federation of State, County and Municipal
Employees, Local 1554 (AFSCME) will be allowed no more than 500 vacation hours to be
accrued effective July 14, 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,
- - ----- - - ---- -- _..~~ ~. ~. ~, ........ ...v ...av...a..aw~r
f
f
" ,"upon resignation, retirement, termination, or death of an employee,
;for those employees covered by the Fraternal Order of
Police (FOP), the Communication Workers of America (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 maybe
paid is 620 hours; and the maximum sick leave forwhich 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 maybe paid is one-half of his sick leave balance
to a maximum payment of 600 hours effective January 13, 2010; ;for those
employees covered by the American Federation of State, County and
Municipal Employees, Local 1554 (AFSCME~, the maximum annual leave for
which an employee or his beneficia maybe paid is 620 hours effective July
14, 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 July 14, 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 25th day of September 2010.
PASSED and ADOPTED this 15th day of ~ptember , 2010..
M OR '~~~~
ATTE
~~il. C-rA.~GI~
CITY CLERK
T:\AGENDA\2010\September 151Regular\Classified Leave Ordinance AFSCME Reso.doc
APPROVED AS TO
FORM & LANGUAGE
& FON EXECUTION
~ b1 ~ D
ate
COMMISSION ITEM SUMMARY
Condensed Title:
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 ForThe American Federation Of State, County And Municipal Employees,
Local 1554 (AFSCME); 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 American Federation Of State, County and Municipal Employees, Local 1554
AFSCME) in accordance with the negotiated contract provisions?
Item Summa /Recommendation:
SECOND READING PUBLIC HEARING
All full-time regular classified and unclassified employees accrue annual leave, subject to certain caps. The
proposed amendment to the ordinance increases the annual maximum accrual amount of annual leave from
360 hours to 500 hours for employees represented by AFSCME. In addition, it also increases the maximum
annual leave amount for which an employee represented by AFSCME may be paid upon separation,
termination, retirement, or death from 480 hours to 620 hours in the employee's final year of employment. This
makes the accumulation and payment provisions for AFSCME consistent with the following employee salary
groups: Communications Workers of America, Local 3178 (CWA); Fraternal Order of Police, William Nichols
Lodge No. 8 (FOP); Government Supervisors Association of Florida/OPEIU, Local 100 (GSA); "Others"; and
Unclassified. This Ordinance was approved on first reading on July 14, 2010. The Administration recommends
a rovin the ordinance on second readin .
Advisory Board Recommendation:
Financial Information:
Financial Impact Summary:
The difference between the 480 hours and the 620 hours being proposed based on the AFSCME employees'
current hourly rates is approximately $947,000. However, in the past three (3) years, no AFSCME member
who has separated from the City was paid out at the current vacation cap of 480 hours. Based on current
balances and historical and recent trends, it is not likely that all, or any, AFSCME members will reach the cap of
vacation accrual in their final year of employment and therefore, the financial impact to the City would be
significantly less than the $947,000 in the analysis above and there may not be any impact at all
Cit Clerk's Office Le islative Trackin
Ramiro Inguanzo, Human Resources Director
Sign-Offs:
Department Director Assistant City Manager
..
City Manager
R iro In uanzo . Fernandez Jor e M nzalez
T n~~Nnn~~n~n e.,re.,.,we. ~c~o,. ~~~ .. :r_~ ~ .._,.
.-_ ...-............, ~v.vvraa:~~~vc-i~ ~JU~GyUla~~lr~GJ~iiiCU LCd~y,Jra~nanCe ArJLMt Su a~C.
~-~E~D~ nn ~-
~~ ~ ~:
~~
r r
faAT~ I J
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: .Mayor Matti Herrera Bower and Members oft City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 15, 2010 OND 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 AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, LOCAL 1554 (AFSCME); PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
This Ordinance was approved on first reading on July 14, 2010. The Administration
recommends that the City Commission approve the ordinance on second reading.
BACKGROUND
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 the
annual vacation accrual for the. Communications Workers of America, Local 3178 (CWA),
the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP), Government Supervisors
Association of Florida/OPEIU, Local 100 (GSA), "Others" and Unclassified salary groups is
500 hours (this annual period runs from the first pay period in January of each year to the
last pay period in December of each year). Therefore, an employee who has reached the
500 maximum hours of vacation accrual in one payroll year may not exceed 500 hours
during the next payroll year. If an 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 which they can be paid out is 620
hours. This 620 hour maximum can only be reached in an employee's final yearwith the City
as long as the employee leaves prior to the end of the payroll year and that employee has
accrued those hours.
Commission Memorandum
September 15, 2010
Classified Leave Ordinance AFSCME
Page 2 of 3
ANALYSIS
For employees covered under the American Federation of State, County and Municipal
Employees, Local 1554 (AFSCME), the current "must use" cap on the annual vacation
accrual is 360 hours, and the current maximum amount of vacation leave paid upon
separation, retirement, termination or death is 480 hours.
On April 30, 2010 the Collective Bargaining Agreement (Agreement) for AFSCME expired.
In anticipation of the contract expiring, negotiators for the City and AFSCME began
negotiating for a successor three (3) year Agreement in February 2010. The City and
AFSCME successfully concluded negotiations and reached a tentative three (3) year labor
agreement covering the time period of May 1, 2010 through April 30, 2013. As part of this
Agreement, the City and AFSCME agreed to provide active AFSCME members at the time
of ratification with the equivalent vacation accrual and payout caps currently offered to the
employees in the CWA, FOP, GSA, "Others" and Unclassified salary groups. This successor
Agreement was ratified by the City Commission on July 14, 2010.
The proposed ordinance amendment increases the "must use" capon the annual vacation
accrual from 360 hours to 500 hours from one payroll year to the next payroll year for any
AFSCME members that are active upon ratification of the successor Agreement (July 14,
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 their final. year) they may exceed the annual "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, GSA, Others and
Unclassified employee groups.
There are currently three hundred fifty eight (358) active full-time members in the AFSCME
Bargaining Unit. Current years of service for employees in the AFSCME range from less
than one (1) year of service to 29.9 years of service. The average years of service for
AFSCME employees is nine (9) years. The current vacation leave balances for AFSCME
employees range anywhere from less than one (1) hour to the current maximum number of
360 hours. Currently there are only thirteen (13) AFSCME employees at the vacation
maximum accrual of 360 hours. The total value for the cun'ent vacation hours accrued for all
AFSCME employees is approximately $750,360. 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 AFSCME employee at this time
is 104 hours (currently there are 215 AFSCME members below 100 hours; 91 AFSCME
employees that are between 100 and 200 hours; 25 AFSCME members between 200 and
300 hours; and 26 AFSCME members exceeding 300 hours (with only 13 of those AFSCME
members at the 360 hour maximum).
FINANCIAL IMPACT
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
Commission Memorandum
September 15, 2010
Classified Leave Ordinance AFSCME
Page 3 of 3
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
AFSCME employees were -taken to the 480 hour cap at their current hourly rate, the
estimated cost would be approximately $3.2 million. 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 $4.2 million. The difference between
the 480 hours and the 620 hours being proposed based on the employees' current hourly
rates is approximately $947,000.
In the past three (3) years, there have been a total of 81 AFSCME employees who have
separated from the City. The average vacation leave payout for the 81 employees was
84.37 hours. The employee with the most vacation leave payout was at 479.98 hours (the
maximum amount permitted is 480 hours) and the person with the least -vacation leave
payout.was 1.44 vacation hours. Therefore, there has not been any AFSCME member in the
past three (3) years who has separated from the City and was paid out at the maximum
vacation cap of 480 hours, although one (1) came very close. Based on current balances
and recent trends, it is not likely that all AFSCME members will reach the capped amount of
vacation accrual in .their final year of employment and therefore, the financial impact to the
City is not expected to be significant.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance on second
reading in order to implement measures to ensure a fair and equitable leave accumulation
and payment system.for employees in AFSCME.
JMG/RI/kt
T:\AGENDA\2010\September 15\Regular\Classified Leave Ordinance AFSCME Memo.doc
__,_,w ~ ~ ~ THURSDAY, AUGUST 19, 2010 (, 19NE -'
m MIAMIBEACH
CITY OF MIAMI BEACH
_ NOTICE OF PUBL-IC HEARINGS
NOTICE IS -HEREBY ,given that second readings and 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, September 15"', 2010, to consider the following:
10:15 a.m. -
Ordinance Amending-Miami Beach City Code Chapter 2, Article VII, Division 3 Entitled "Lobbyists", Section 2-482 Thereof Entitled "Registration" So As To Clarify That
The Annual Lobbyisf Registration Fee !s Required To Be Paid For Each Twelve Month Period Commencing October 1 Of Each Year; And Amending City Code Section
2-485 Thereof Entitled "List Of Expenditures; Fee Disclosure; Reporting Requirements", So As To Change Annual Reporting Date For Lobbyist Expenditure And Fee
Disclosure.From.October 1 To February 28, And Changing Corresponding Annual Date For Post-Delinquency Lobbbyist Suspension Due To Failure To File Report After
Imposition Of Penalty From December 1 To April 30, 2010.
Inquiries may be directed to the City Clerk's Office (305) 673-7411 .
10:20 a.m.
Ordinance Amending The Code Of The City Of Miami Beach, Florida; Amending Chapter 82, "Public Property," Article II, "Sale Or Lease Of Public Property," Sections
82-36 Through 82-40, Amending The Procedures For Sale Or Lease Of City Property; Providing For Inclusion in The Code Of The City Of Miami Beach.
Inquiries may be directed to the Real Estate, Housing & Community Development Department (305) 67~- 7260.
10:40 a.m.
Ordinance Amending Chapter 106 Of The Miami Beach City Code, Entitled'"Traffic And Vehicles," By Amending Article II, Entitled "Metered Parking," By Amending
Division I, Entitled. °Generally," By Amending Section 106-55, Entitled "Parking Rates, Fees, And Penalties," By Amending Subsection (N), Entitled "Hybrid/ILEV
(Inherently Low Emissions Vehicles) Vehicles Incentive," By Amending Vehicle Participation Criteria For The Hybrid/ILEV Vehicles Incentive Program To Include Vehicles
With An EPA (Environmental Protection Agency) Rating Of Six "6" Or Higher ("Smartway" Designatiorr) And Street Legal Electric Vehicles, Increasing The Number Of
Reserved Hybrid Vehicle Spaces At The 42nd Street Garage From One Percent (1 %) To Two Percent (2%), Establishing One Percent (1 %) Of The Parking Spaces At
The 7th Street Garage And 13th Street As Reserved For Hybrid Vehicles Only, And Establishing An Automatic Review Of All Hybrid Vehicle Incentives Upon Reaching
A Hybrid Permit Sales Threshold Of Five Percent (5%) Of Total Permit Sales.
Inquiries may be directed to the Parking Department (305) 673-7275
11:50 a.m.
Ordinance Amending Ordinance No. 1335, The Classified Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment Of Annual Leave
For The American •Federa#ion Of State, County And Municipal Employees/Local No. 1554 (AFSCME).
Inquiries may be directed to the Human Resources Department (305) 673- 7520
11:51 a.m.
Ordinance Amending The.Miami Beach Employees' Retirement Plan; Implementing Provisions Of The 2009-2012 Collective Bargaining Agreements Between The City
And The American Federation Of State, County And Municipal Employees; Local 1554 (AFSCME), And Government Supervisors Association Of Florida/OPEIU Local
100 (GSA); Implementing Similar Retirement Plan Amendments For Members Who Are Not Included In Any Bargaining Unit; Providing For Severability; Repealing All
Ordinances In Conflict Therewith; And Providing An Effective Date
Inquiries may be directed to the Human Resources Department (305).673- 7520
11:52 a.m.
Ordinance Amending Part t, Subpart B, Article IX, Related Special Acts, Of The Miami Beach City Code Entitled "Pension System For Disability And Retirement
Of. Members Of: Police And Fire Departments"; Implementing Provisions Of The 2009-2012 Collective Bargaining Agreements Between The City And Fire-Fighters
Of Miami Beach; IAFF Loca11510, And The Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8; Amending Section 65 Entitled "Computation Of
Creditable Service; Service Record", Providing For The Purchase Of Additional Creditable Service Upon Completion Of Ten Years Of Service With The City; Amending
Section 66 Entitled "Service And Disability Benefits Generally", Providing For The Inclusion Of Compensation For Certain Off Duty Services In A~ Member's Salary
For Pension Purposes, And Providing For The Sale Of Unused Sick And/Or Vacation Time For Inclusion In A Member's Final Average Monthly Earnings, Subject To
Certain Lim~ations; Amending Section 79 Entitled "Deferred Retirement Option Plan", Providing For A Maximum. Drop Period Of Sixty Months And A Modified Cost Of
Living Adjustment fluring The Drop Period; Creating A New Section 87 Entitled "Benefits For Employees Hired On Or After~July 14, 2010"; Providing For Severability;
Repealing All Ordinances In Conflict Therewith; And Providing For An Effective. Date.
Inquiries may be directed to the Human Resources Department (305) 673- 7520 .
11:53 a.m.
Ordinance Implementing Provisions Of The 2009-2012 Collective Bargaining Agreement Between The City And Fire Fighters Of Miami Beach, IAFF Local 1510, And
Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8; Creating A New Article IV Of Chapter 78, Miami Beach City Code Entitled "Health Benefits For
Firefighters And Police Officers.
Inquiries inay be directed to the Human Resources Department (305) 673- 7520
INTERESTED PARTIES are invfted to appear at this meeting, or be~represented by an agent, onto 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, Florida 33139. Copies of these ordinances are available for public inspection
during normal business hours in the City Clerk's Office, 1700 Convention Center.Orive, 1st Floor, City Hall, and Miami Beach, Florida 33139 or via the City's. web site
at www.miamibeachfl.gov. This meeting maybe 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 Gity hereby advises the public that: if a person decides to appeal any decision made by tfae 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 ~f otherwise inadmissible
or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed. by law.
To request this material inaccessible 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 (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance~to=initiate yo~rr request.
TTY users may also calf 711 (Florida Relay Service). - : - - _
Ad #613 _ - - _ _
. - , .. -
~: