2007-3573 OrdinanceORDINANCE NO. 2007-3573
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
COMMUNICATION WORKERS OF AMERICA (CWA) AND "OTHERS"
CLASSIFIATIONS IN THE CLASSIFIED SERVICES NOT COVERED
BY A BARGAINING UNIT; PROVIDING FOR A REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has entered into a Collective Bargaining Agreement
with the Communication Workers of America (CWA) that provides, effective October lst, 2006, the
"must use" cap on vacation accrual is 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 who are represented by the
Communication Workers of America (CWA); and
WHEREAS, the City wishes to extend this to those employees in classifications in the
Classified service not covered by a bargaining unit know as "Others"; 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 the CWA; and
WHEREAS, that the following sections of the Classified Leave Ordinance No. 1335 as
amended shall be amended to read as follows:
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1:
5. Accumulation or Forfeiture of Annual Leave and Sick Leave:
(a) Employees hired prior to October 1, 1978 may accumulate annual leave and sick leave up
to a total combined maximum of 2088 hours. Any hours of leave in excess of above
maximum will be forfeited on the last day of the last full pay period of the payroll year.
(b) At the end of each payroll year, all employees except those covered by the Fraternal
Order of Police (FOP), the International Association of Fire Fighters (IAFF), the
Communication Workers of America and Classified employees not covered by a
bar aining 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 America (CWA) and Classified employees not covered b~
bar ainin~ unit and known as "Others" will be allowed no more than 500 vacation hours
to be accrued effective October 1, 2006; employees covered by the International
Association of Fire Fighters (IAFF) will be allowed no more than 460 hours for non-shift
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.
11. Payment of 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 of America (CWA) and Classified
employees not covered by a bar ag inin~ 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 maybe
paid is 480 hours; for those employees covered by the Fraternal Order of
Police (FOP), the Communication Workers of America (CWA) and
Classified employees not covered by a bar ag fining 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 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 non-shift personnel and shall not
exceed 1,230 hours for 24-hour shift personnel. (Ord. No. 78-21351 §6)
~ ~
17. Collective Bargaining Contingency:
As to employees in classifications governed by union contracts, implementation of the
measures hereby amended in Sections 5, 11(c), and 17, is contingent upon collective
bargaining and approval by the unions to the extent such approval is necessary. Should any
inconsistencies exist between this Ordinance and the union contracts, then the language of
the union contracts shall supersede.
SECTION 2: REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3: SEVERABILITY.
If any section, subsection, clause, or provision of this ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4: CODIFICATION.
It is the intention of the Mayor and City Commission of the City of 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 maybe renumbered or re-lettered to accomplish such intention, and the
word "ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 5: EFFECTIVE DATES.
This Ordinance shall take effect the 2 7th .,
PASSED and ADOPTED this 17th
A EST:
~ ~~~~~~~
CITY CLERK
Robert Parcher
day of October
AP~ROYE® AS TO
~3ft~! & lAhiGU~~E
~ FOR ~tECUTIaQt~
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F:\huma\$all\Sue\Ordinance Drafts\CWA Leave Ordinance 08-07\CWA Leave Ordinance Draft.doc
David Dermer
COMMISSION ITEM SUMMARY
f_nnrloncorl Ti41a•
An •Ordinance amending Ordinance No. 1335, the Classified Employees' Leave Ordinance, by amending
the provisions for accumulation and payment of annual and sick leave for the Communication Workers of
America (CWA) and "Others" classification in the Classified services not covered by a bargaining unit;
providing for a repealer, severability, codification and an effective date.
Key Intended Outcome Supported:
Attract and maintain a quality workforce.
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 Communication Workers of America (CWA) in accordance with the
contract provisions negotiated and for those employees classified as "Others"?
Item SummaryiKecommenaation:
SECOND READING PUBLIC HEARING
The Ordinance increases the annual maximum accrual amount of annual leave from 360 hours to 500
hours. In addition, it also increases the maximum annual leave amount for which an employee
represented by the Communication Workers ofAmerica (CWA) and "Others" classification in the Classified
services not covered by a bargaining unit may be paid upon termination, retirement, or death from 480
hours to 620 hours.
The Administration recommends adopting the ordinance.
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Ramiro Inguanzo
Si n-Offs•
Department Director Assistant City Manager City Manama
T:\AGENDA\2007\oct1707\Regular\Classified Leave Ordinance Summary.doc
m MIAMIBEACH
AGENDA ITEM RS E
DATE 10~~7-U7
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 17, 2007
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 COMMUNICATION WORKERS OF AMERICA (CWA) AND
"OTHERS" CLASSIFICATIONS IN THE CLASSIFIED SERVICES NOT
COVERED BY A BARGAINING UNIT; PROVIDING FOR A REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Ordinance was approved on first reading on September 5, 2007. The Commission set
a second reading and public hearing for October 17, 2007. The Administration
recommends that the City Commission adopt the Ordinance on second reading.
ANALYSIS
The must use cap on vacation accruals has recently been amended for those employees
who are members of the Fraternal Order of Police (FOP) and International Association of
Firefighters (IAFF).
The Communication Workers of America (CWA) collective bargaining agreement provides
that, effective October 1, 2006, the must use cap on vacation accrual will be raised from
360 hours to 500 hours. In addition, the maximum amount of accrued, combined sick and
vacation leave paid upon retirement, termination, or death increase from 480 hours to 620
hours.
This proposed Ordinance applies to those employees represented by the Communication
Workers of America (CWA) and those employees classified as "Others" who are not
represented by a bargaining unit. This proposed amendment to the ordinance will
implement the changes negotiated with the CWA for the collective bargaining agreement
covering the period beginning October 1, 2006 through September 30, 2009.
In addition, the CWA contract allows for a sick leave sell back program. The purpose of the
program is to provide an incentive to use less sick leave time and thereby decreasing the
need for overtime to replace sick all outs. In addition, since employees are selling back their
sick time throughout the term of the contract instead of at the end of their employment (when
the sick time is at its highest value), the overall cost is reduced.
The sick leave sell back program would allow the sell back of up to fifty (50) hours each
year, as long as the employee retains a minimum of 360 combined sick and vacation leave
and meets other necessary requirements as outlined in the program. The maximum number
of sick leave hours that may be sold back on each sell back date shall be reduced by one
hour for each hour of unscheduled leave (sick time and emergency vacation) the employee
used during the applicable annual sell back period (e.g., if an employee uses 10 hours of
sick time he is only eligible to sell back forty (40) hours).
CONCLUSION
The Ordinance was approved on first reading on September 5, 2007. The Commission set
a second reading and public hearing for October 17, 2007. The Administration recommends
that the City Commission adopt the Ordinance on second reading.
JMG:RI:sr
T:WGENDA\2007\oct1707\Regular\Classified Leave Ordinance Memo.doc
,~-~.-
_~ - ~ ,CITY OF MIAMI BEACH
r ~ ~'~~ ~~~`~~ NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading 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 Ha11,1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, October 17, 2007, to consider the
following:
10:20 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Division 17 Entitled: "Commission On The Status Of Women" So As To Change Its
Name To "City Of Miami Beach Commission For Women".
Inquiries may be directed to the Legal Department at (305) 673-7470.
10:25 a.m.
An Ordinance Amending Chapter 82 Of The Miami Beach City Code Entftled "Public Property," By Amending Article IV, Thereof Entitled "Beaches,"By
Amending Division I, Entitled "Generally," By Amending Section 82-441 Entitled "Fshing~From Viaducts And Bridges"By Prohibiting Fishing In The Jetty
Area Between 29th And 33rd Streets And In Restricted Swim Areas In The City. _
Inquiries may be directed to the Legal Department at (305) 673-7470.
10:30 a.m.
An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Group IV
Classifications, Those Being The Classifications Covered By The Communication Workers Of America (CWA), Local 3178, In Accordance With The
Negotiated Agreement; Effective In The First Pay Period Ending In October Of 2006, There Shall Be An Across The Board Wage Increase Of Six Percent
(6%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Six Percent (6%); Effective With The First Pay Period Ending In
October Of 2007, There Shall Be An Across The Board Wage Increase Of Five Percent (5%), And The Minimum And The Maximum Of Each Pay Range Will
Also Be Increased By Five Percent (5%); Effective With The Frst Pay Period Ending In October Of 2008, There Shalf Be An Across The Board Wage Increase
Of Four Percent (4%); And The Minimum And The Maximum Of Each Pay Range Will Also Be Increased By four Percent (4%); And Amending The Salary
Ranges Of The Classthcations Specified In The Negotiated Agreement; And By Abolishing The Classification Of Water Service Representative, And
Establishing The Clasgificafion Of Water Meter Supervisor In Group V, Being Those Classifications Covered By The Government Supervisors Association Of
Florida, OPIEU Local 100, (GSAF); By Abolishing The Class cation Of Administrative Aide IURisk Management And Establishing The Classification Of
Storekeeper III, In Group VI, Being Other Classifications In The Classded Service Not Covered ByA Bargaining Unit.
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:30 a.m.
An Ordinance Amending Ordinance No. 1335, The Classfied Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment Of
Annual And Sick Leave For The Communication Workers Of America (CWA) And "Others" .C~lassfications In The Classified Services Nat Covered By A
Bargaining Unit.
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:30 a.m.
An Ordinance Amending Ordinance No.1613, The Unclassified Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment
Of Annual And Sick Leave.
Inquiries maybe directed to the Human Resources and Risk Management Department at (305} 673-7520.
10:35 a.m.
An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance, By Abolishing The Class'rfications Of Arts, Culture &
Entertainmertl Director, Log Cabin Educafion Coordinator, Log Cabin Employment Specialist/Job Coordinator, Log Cabin Instructor, Log Cabin Program
Administrator, Log Cabin Driver/Instructor Aide And Recreation Supervisor II; Establishing The Classifications Of E-Govemment Administrator, Management
Intem, Parks & Recreation Analyst, Senior Administrative Manager, Social Worker In>km And Quality Assurance Officer; Amending The Grade Of Customer
Service Liaison. ~
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:40 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article III, "Overlay
Districts," Creating Division 7 Entitled "Cultural Arts Neighborhood District Overlay (CANDO)," By Including "Location And Purpose,"And "Compliance With
Regulations," Including Minimum And Average Unit Size For Rehabilitation And New Construction Projects, Mixed Use Floor Area Ratio (FAR) Incentives
Where Permitted In Order To Accommodate Affordable Housing For Cultural Arts Workers.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:45 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administration And
Review Procedures," Article X, "Historic Preservation", Division 3, "Issuance Of Certificate Of Appropriateness/Cerbf'icate To Dig/Cert'rficate Of
Appropriateness For Demolition", By Amending Section 118-591 To Modify Historic Designation Procedures.
Inquiries may be directed to the Planning Department at (305) 673-7550.
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, Go the City Clerk, 1700 Convention Center Drive, 1st Floor, City Half, Miami Beach, Florida 33139. Copies of these ordinances are available
for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida
33139. This meeting may be continued and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it author¢e 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 (305) 604-2489 (voice), (305) 673-7218(TTY) five days in advance to
initiate your request. TTY users may also call 717 (Florida Relay Service).
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