2007-3574 OrdinanceORDINANCE NO. 2007-3574
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE
NO.1613, THE UNCLASSIFED EMPLOYEES' LEAVE ORDINANCE,
BY AMENDING THE PROVISIONS FOR ACCUMULATION AND
PAYMENT OF ANNUAL AND SICK LEAVE; PROVIDING FOR A
REPEALER, SEVERABILITY, EFFECTIVE DATE, AND
CODIFICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1: That the following section of the Unclassified Leave Ordinance No.1613 as amended
shall be amended to read as follows:
SECTION 2:
3. 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 will be allowed no more than 469 500
annual leave hours to be accrued. 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.
4. Transfer of Annual Leave and Sick Leave:
(a) For employees hired prior to October 1, 1978 sick leave accrued in excess of 360 hours may
be used for annual leave within the limits of this ordinance.
(b) For employees hired on or after October 1, 1978, sick leave accrued in excess of 360 hours
may be transferred to annual leave at the rate of two days of sick leave to one day of
annual leave; at the time of resignation, retirement, termination or death, such employee
can transfer sick leave in this manner to reach a maximum of ~ 620 hours of annual leave.
(Ord. NO. 78-2136, §4)
9. Payment for Annual Leave:
(c) Maximum Payments:
(1) For employees hired before October 1, 1978, payment of annual leave and sick
leave upon resignation, retirement, termination or death of an employee shall in
no case exceed an amount equal to one year's compensation at the rate of pay
received by such employees at the time of his retirement, death, termination or
resignation.
(2) For employees hired on or after October 1, 1978, upon resignation, retirement,
termination, or death of an employee, the maximum annual leave for which an
employee or his beneficiary may be paid is 589 620; 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. (Ord. N0.78-2136, §6)
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
may be renumbered or re-lettered to accomplish such intention, and the word
"ordinance" may be changed to "section", "article" or other appropriate word.
SECTION 4: EFFECTIVE DATE
This Ordinance shall take effect ten (10) days
PASSED and ADOPTED this 17th day of
ATTEST:
CITY CLERK
Robet Parcher
adoption.
2007.
MAYOR
David Dermer
APPROVED AS TO
FORM & LANGUAGE
OR EXEC ON
~~~~~
City Attorne Date
COMMISSION ITEM SUMMARY
P`w...~ler. c~nr! T:+In•
V V~~M~i~~VVM
An Ordinance amending Ordinance No. 1613, the Unclassified Employees' Leave Ordinance, by amending
the provision for the accumulation and payment of annual and sick leave; providing for a repealer,
severability effective date and codification.
Key Intended Outcome Supported:
Attract and maintain a quality workforce.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
ICCIIP_'
Shall the City implement measures to ensure a fair and equitable leave accumulation and payment system
j for Unclassified employees as provided for some Classified employees?
Item Summary/Kecommenaatlon:
SECOND READING PUBLIC HEARING
The Ordinance increases the annual maximum accrual amount of annual leave from 460 hours to 500
hours and increases the maximum annual leave amount for which an Unclassified employee may be paid
upon termination, retirement, or death from 580 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 Manager
T:WGENDA\2007\oct1707\Regular\Unclassified Leave Ordinance Summary.doc
~~ /l ~~~ ~~~ AGENDA ITEM I`5
~ '~/ ~ DATE (O- l1-'C~7
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 Com . fission
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. 1613, THE
UNCLASSIFED EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE
PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND SICK
LEAVE; PROVIDING FOR A REPEALER, SEVERABILITY, EFFECTIVE DATE,
AND CODIFICATION.
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 vacation accruals for the members of the Communication Workers
of America (CWA) has also been proposed to be amended increasing the annual vacation
time accrual from 360 hours to 500 hours and the maximum amount of accrued combined
sick and vacation leave paid to employees at the time of their termination, retirement or
death from 480 hours to 620 hours. These negotiated changes in accumulated leave will be
implemented for both members of the CWA and those employees classified as "Others" who
are not represented by a bargaining unit.
This proposed amendment to the Unclassified Employees' Leave Ordinance increases the
annual maximum accrual amount of annual leave from 460 hours to 500 hours. In addition,
the ordinance also increases the maximum annual leave amount for which an Unclassified
employee maybe paid upon termination, retirement, or death from 580 hours to 620 hours.
This ordinance applies to those employees classified as Unclassified and not represented by
a bargaining unit and provides equality in the provisions monitoring the accumulation and
payment of sick and annual leave with employees classified as "Others" and those
represented by the CWA, FOP and similar to the IAFF.
In addition, in order to provide a similar benefit that some Classified employees have, a sick
leave sell back program is being provided as well. 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 City Administration recommends that the City Commission approve the proposed
amendment to the Ordinance on first reading and schedule a second reading and public
hearing to amend the Unclassified Leave Ordinance to ensure equality amongst unclassified
and classified employees.
T:WGENDA\2007\oct1707\Regular\Unclassified Leave Ordinance Memo.doc
~~ m MIAMIBEACH ciTr of Mianni B~-cH
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 Ciiy of Miami Beach, Florida, in
the Commission Chambers, 3rd floor, City Ha11,1700 Convention Center Orive, 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 Entitled "Public Property," By Amending Article IV, Thereof Entitled "Beaches,"By
Amending Division I, Entitled "Generally," By Amending Section 82-441 Entitled "Fishing~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 Acres The Board Wage Increase Of Five Percent (5%), And The Minimum And The Maximum Of Each Pay Range Wilt
Also Be Increased By Fve Percent (5%); Effective With The First 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 Classifications Specified In The Negotiated Agreement; And By Abolishing The Classification Of Water Service Representative, And
Establishing The ClasSiftcation Of Water Meter Supervisor In Group V, Being Those Classifications Covered By The GovemmeM Supervisors Association Of
Florida, OPIEU Local 100, (GSAF}; By Abolishing The Classification Of Administrative Aide IVRisk Management And Establishing The Class~cafion Of
Storekeeper III, In Group VI, Being Other Classifications In The Classified Service Not 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. 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.
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
X0:30 a.m.
An Ordinance Amending Ordinance No.1613,The Unclassfied Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment
Of Annual And Sick Leave.
Inquiries may be 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 Classifications Of Arts, Culture &
Entertainment Director, Log Cabin Education Coordinator, Log Cabin Employment SpecialisUJob Coordinator, Log Cabin Instructor, Log Cabin Program
Administrator, log Cabin Dnver/InstnxtorAide And Recreation Supervisor II; Establishing The Classifications Of E-GovemmentAdministrator, Management
Intem, Parks & Recreation Anatyst, Senior Administrative Manager, Social Worker Intt;m And Quality Assurance Officer; Amending The Grade Of Customer
Service Liaison.
f
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/Certificate To Dig/Certificate Of
Appropriateness For Demolition", By Amending Section 118-591 To Modiry 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, c% the City Clerk, 1700 Convention Center Drive,1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available
for public inspec#ion 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 71'1 (Florida Relay Service).
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