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Ordinance 2022-4485 ORDINANCE NO.; 2022-4485 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PERSONNEL," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION 78-3 THEREOF,TO AUTHORIZE QUALIFYING CITY EMPLOYEES TO MAKE DONATIONS OF ANNUAL AND SICK LEAVE FOR HUMANITARIAN DISASTER RELIEF, AS MAY BE APPROVED BY THE CITY COMMISSION; AND PROVIDING FOR A SUNSET AND AUTOMATIC REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS,the City of Miami Beach prides itself on being a diverse, inclusive international community with respect for the rule of law and democratic institutions, with the Mayor and City Commission routinely supporting measures that promote human rights and dignity; and WHEREAS, in 2005, the Mayor and City Commission enacted Ordinance No. 2005-3471, which allows for qualifying City employees to donate a portion of their annual or sick leave to the surviving dependent beneficiaries of a City employee who dies while in the employ of the City, to thereby convert annual and sick leave into cash for the benefit of family members of deceased employees, in the spirit of shared community and a desire to help our extended City family members in times of great need; and WHEREAS, recently, an unprecedented number of people around the world have been affected by various disasters and catastrophes, both natural and manmade; and WHEREAS, if approved, the proposed Ordinance would create Section 78-3 of the City Code authorizing employees having at least 260 combined hours of annual and sick leave after any donation, to donate annual and sick leave for specified humanitarian disaster relief, as may be approved by the City Commission by Resolution; and WHEREAS, specifically, the sponsor's intent would be to propose a Resolution to accompany second reading of this Ordinance, to authorize donations for the benefit of persons displaced and/or adversely impacted by Russia's unlawful invasion of the sovereign nation of Ukraine; and WHEREAS, the Mayor and City Commission desire to adopt the following amendment to the City Code of Laws and Ordinances in order to authorize qualifying City employees to donate annual and sick leave for humanitarian disaster relief, as may be subsequently approved by the City Commission by Resolution for any specific humanitarian relief effort. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 78-3 of the City Code shall be created as follows, and as hereinafter set forth below: igooc G—y4/4- CHAPTER 78 PERSONNEL ARTICLE I. IN GENERAL * * * Sec. 78-3. Donation of annual leave and sick leave for humanitarian disaster relief. (a) If approved by the city commission via resolution for any specific humanitarian relief effort, city employees may donate a portion of their annual leave and/or sick leave for specified humanitarian disaster relief. (b) The donating employee must maintain a balance of at least 260 combined hours of annual and sick leave. (c) The donated time will be computed at the donating employee's current rate of pay at the time of donation. (d) One check of all donations made shall be issued by the city to the appropriate disaster relief agency,entity or organization. (e) Donations may only be made during the period of time designated by the city commission on such authorizing resolution. No donations will be accepted after that date. (f) The amount of time donated by the donating employee will reduce that employee's final leave settlement. (g) The donating employee will be required to sign a form indicating the hours donated and that these hours will reduce such employee's final leave settlement. This signed form will be retained in the donating employee's personnel file. The provisions of this Section 78-3 shall sunset and stand automatically repealed on August 1, 2023. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of The Code of.the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or 2 re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE.• This Ordinance shall take effect on April 14 , ao a3" PASSED and ADOPTED this day of 4 rt age ,2022. 2i ATTEST: APR'1 2 2022 Dan Gelber Mayor Rafael . Granado City Clerk - "�� \ (.j�; , s (Sponsored by Commissioner Alex J. Fernandez) ' ;' '' .q TIiiCORPtiHATED Underline denotes additions ''';�-• ..26 Str+l��g#denotes deletions 1,, ,,H,,,,,` , . APPROVED AS TO FORM.& LANGUAGE &FOR EXECUTION ilb-- 3 _ a . City Attorney ` Dote A 3 Ordinances-R5. N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: April 6, 2022 2:15 p.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 78 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PERSONNEL," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION 78-3 THEREOF, TO AUTHORIZE QUALIFYING CITY EMPLOYEES TO MAKE DONATIONS OF ANNUAL AND SICK LEAVE FOR HUMANITARIAN DISASTER RELIEF, AS MAY BE APPROVED BY THE CITY COMMISSION; AND PROVIDING FOR A SUNSET AND AUTOMATIC REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. ANALYSIS See attached Commission Memorandum. SUPPORTING SURVEY DATA N/A. FINANCIAL INFORMATION N/A. Applicable Area Not Applicable Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney Sponsor Commissioner Alex Fernandez Page 1138 of 1735 ATTACHMENT$: Description ❑ Commission Memorandum ❑ Ordinance Page 1139 of 1735 MIAW\I BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Rafael A. Paz, City Attorney i� cond Reading/Public Hearing DATE: April 6, 2022 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PERSONNEL," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION 78-3 THEREOF, TO AUTHORIZE QUALIFYING CITY EMPLOYEES TO MAKE DONATIONS OF ANNUAL AND SICK LEAVE FOR HUMANITARIAN DISASTER RELIEF, AS MAY BE APPROVED BY THE CITY COMMISSION; AND PROVIDING FOR A SUNSET AND AUTOMATIC REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. ,The proposed, Ordinance (the "Ordinance"), which is sponsored by Commissioner Alex Fernandez, is submitted for second reading/public hearing at the April 6, 2022 City Commission meeting. The City of Miami Beach prides itself on being a diverse, inclusive international community with respect for the rule of law and democratic institutions, with the Mayor and City Commission routinely supporting measures that promote human rights and dignity. In 2005, the Mayor and City Commission enacted Ordinance No. 2005-3471, which allows for qualifying City employees to donate a portion of their annual or sick leave to the surviving dependent beneficiaries of a City employee who dies while in the employ of the City, to thereby convert annual and sick leave into cash for the benefit of family members of deceased employees, in the spirit of shared community and a desire to help our extended City family members in times of great need. Recently, an unprecedented number of people around the world have been affected by various disasters and catastrophes, both natural and manmade. If approved, the proposed Ordinance would create Section 78-3 of the City Code authorizing employees having at least 260 combined hours of annual and sick leave after any donation, to donate annual and sick leave for specified humanitarian disaster relief, as may be approved by the City Commission by Resolution. The Sponsor has proposed an accompanying Resolution, which would specifically authorize donations for the benefit of persons displaced and/or adversely impacted by Russia's unlawful invasion of the sovereign nation of Ukraine. Moreover, the Resolution, if adopted, would direct the City Administration to remit the donated funds to the.American Red Cross in support of this urgent humanitarian crisis caused by Russia's unlawful invasion of Ukraine. Page 1140 of 1735