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2008-3612 OrdinanceORDINANCE NO. 2008-3612 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 OF SECTION 8 FOR USE OF SICK LEAVE; PROVIDING FOR A REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Classified Leave Ordinance No. 1335, as amended needs to be further amended to implement the changes. 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 Classified Leave Ordinance No. 1335 shall be amended to as follows: SECTION 8: Use of sick leave c. All employees in the service of the City shall be required to report absences from duty, not previously arranged, to their appointing officer or a designated superior within one hour after the usual time of beginning work each day that such absence occurs, unless the cause of the absence is such that it may be expected to be of considerable duration, in which case, the absence shall be reported as specified the first day, together with a statement of the approximate length of time such absence is expected to continue. Cases of absences for which compensation is claimed may be investigated by the perse~el human resources director or designee and the report of a registered physician or registered nurse of his selection may be required, stating that the employee was unable during the entire absence to perform the duties of his position and that such absence was not due to excesses on the part of the employee concerned. All employees in positions covered by the Collective Bar~ainin~ Agreement (CBA) between the City of Miami Beach and the International Association of Fire Fighters (IAFF) will be required to present medical documentation for any sick leave incident after the third sick leave incident in the previous twelve month period. Covered employees who do not brim in medical documentation when required will not be permitted to return to work and will be on Leave Without Pay for the duration of the sick leave usage. Covered employees should refer to the Fire Departmental Standard Operating Guidelines (SOG) for further information. SECTION 2: REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2008-3612 SECTION 3: SEVERABILITY.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" maybe changed to "section", "article", or other appropriate word. SECTION 5: EFFECTIVE DATES. This Ordinance shall take effect the 27th PASSED and ADOPTED this 17th ATT ST: K, CITY CLERK Robert Parcher day Of SEptember 2008 day of September , 2008. A OR Matti Herrera Bower APPROVED AS Tn FORM & U~NGUACsy FOR FXEC1.~1i'103~ T:\AGENDA\2008\Sepember 8\leave ord1335c1 09_8_08iaffdoc .9~ ~.~ COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Ordinance No. 1335, the Classified Employees' Leave Ordinance, by amending the provisions of Section 8 for use of sick leave. Ke Intended Outcome Su orted: Attract and maintain a quality workforce. Issue: Shall the City implement a restrictive leave policy for those employees in positions covered by the Collective Bargaining Agreement (CBA) between the City and the International Association of Fire Fighters (IAFF)? Item Summary/fzecommendat~on: As part of the Fiscal Year 2008/2009 budget process, a discussion was held at the July 8, 2008 Finance and Citywide Projects Committee regarding the overtime costs in the Fire Department associated with use of unscheduled (sick and emergency) leave. The discussion resulted in a recommendation to implement a restrictive leave policy for those employees in positions covered by the Collective Bargaining Agreement (CBA) between the City and the International Association of Fire Fighters (IAFF). The restrictive leave policy will require those covered employees to provide medical documentation for any sick leave incident after the third sick leave incident in a twelve (12) month period. Covered employees who do not provide medical documentation when required will not be permitted to retur~~to work and will be on Leave without Pay for the duration of the sick leave usage. This policy will be in plac~for a period of at least three (3) months, effective August 1, 2008, with the Acting Fire Chief providing quarterly updates to the Commission through the City Manager's Office. If after three (3) months the restrictive leave policy does not demonstrate a reduction in the use of sick leave and associated overtime costs, it was agreed that the City Commission will revisit the City's Minimum Staffing Ordinance for the Fire Department. This proposed Ordinance will implement the restrictive leave policy as agreed at the July 8, 2008 Finance and Citywide Projects Committee meeting. This proposed Ordinance was approved on First Reading on September 8, 2008. The Administration recommends adopting the Ordinance on second reading to amend Section 8 for use of sick leave. Havlsory csoara rcecommenaaiion: N/A Financial Information: Amount I Account I Approved I Source of ~ Funds: 2 3 4 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Ramiro Inguanzo, Human Resources Director Sign-Offs: ~ Deyp fitrr~ent Director ~ Assistant City Manager ~ City Manager ~ 8\cl Lea~Ordinance Summary09_17_08.doc MIAN11 BEACH AGENDA ITEM ~"~ DATE m 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 SATE: September 17, 2008 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 OF SECTION 8 FOR USE OF SICK LEAVE; PROVIDING FOR A REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS As part of the Fiscal Year 2008/2009 budget process, a discussion was held at the July 8, 2008 Finance and Citywide Projects Committee regarding the overtime costs in the Fire Department associated with use of unscheduled (sick and emergency) leave. The discussion resulted in a recommendation to implement a restrictive leave policy for those employees in positions covered by the Collective Bargaining Agreement (CBA) between the City and the International Association of Fire Fighters (IAFF). The restrictive leave policy will require those covered employees to provide medical documentation for any sick leave usage after the third sick leave usage in the previous twelve (12) month period. Covered employees who do not provide medical documentation when required will not be permitted to return to work and will be on Leave without Pay for the duration of the sick leave usage. This policy will be in place for a period of at least three (3) months, effective August 1, 2008, with the Acting Fire Chief providing quarterly updates to the Commission through the City Manager's Office. If after three (3) months the restrictive leave policy does not demonstrate a reduction in the use of sick leave and associated overtime costs, it was agreed that the City Commission will revisit the City's Minimum Staffing Ordinance for the Fire Department. This proposed Ordinance will implement the restrictive leave policy as agreed at the July 8, 2008 Finance and Citywide Projects Committee meeting. Attached is a copy of the Fire Department Standard Operating Guideline (SOG) which provides additional details regarding the departmental policy on calling out sick. This SOG was implemented on August 1, 2008 with the approval of the IAFF union. Commission Memorandum -Amending Ordinance No. 1335 September 17, 2008 Page 2 of 2 This proposed Ordinance was approved on first reading on September 8, 2008. CONCLUSION The City Administration recommends that the City Commission adopt the Ordinance on second reading to amend the Classified Employees' Leave Ordinance. JMG:RI:KT:PKR T:\AGENDA\2008\Sepember 8\cl Leave Ordinance Memo09_17_08.doc Old fa % e+aC/'~ ~EV~sEr~ ®A~-E +~~`}~ _ RESC j}~' P.~RT~ '~e~~' t?7131J2oo8 - Admlrt / ulations 103.02 .3l•~ It is the policy of the tUtiami Beach Fire. Department to provide and promote a productive worts environment. The Fire Administration requires its employees to report to worts on time and as assigned. Productivity is jeopardized when employees do riot report to work as scheduled_ SCt~P~: This policy 'tl apply to all members of the Fire Department who have attained regular status and have accrued sick leave. Battalion Chiefs, Division Chiefs and other designated Supervising officers will be responsible for enforcement of this policy. Those members who have not attained regular status or o have no accrued sick leave may still call out sick. However, they will not be compensated for time lost due to an off-duty illness or ireury. For or-- duty illness or injury, phase refer to the Injury, Service Connected (tSC) Policy. ~~3CE E. Each memtaer of the Fire [?apartment will be responsible to notify their Battalion Chief, ®ivision Chief or designated supervisor in the event of the 'for unscheduled leave due to illness or injury to themselves or their family members.. to this event, notification must take place prior to the beginning of tour of duty to aide supervisors in providing coverage. Personnel who caDl out sick after ate inning of their tour of duty will be considered tardy. Personnel who call out sick one hour after the .....inning of weir tour of duty, but prior to 20Q0 hours, will be considered A.W.4.L. f®r 12 hours. An employee o calls out sick after 200[} hours will be considered A.W.O.L. for the entire duty day. The employee must personally ,.~;;~ .sac ,,.:psi ii a°.°.'.'-.`+ ter:;;:;; eznc a£:i~~of1~$~~E' ~'xtenilc`~tirlg G1rGUmstr~n~;eS. ~nder these circumstances, tardy or A.~,I.~.L. charges may also be mitigated. Battalion Chiefs ~BC's~ cr Division Chiefs (DC's) rrtust review attendance records in order to determine possible abuse of sick leave, When art employee calls out sick, the appropria#e BC, DC or designee, will be responsible to review the prior year sick leave usage and refer to the appropriate Supervising r for dispasition if abuse is apparent. Examples of such abuse may include documented patterns of: A. Use of sick leave after a request. for annual leave has been denied E3. Repeated use of sick leave on the shift before or after an R-day C. l~epe2rted use of sick issue cart holidays, kends or in conjunction ' h other tune off D. Engaging in outside errtployment activities ile using sic#c [save ~ ~cz E. Engaging in recreational activities white using sick leave if needed, progressive discipline wilt take place according to the Discipline S4G 1 ~2.{D8 and the CMB Attendance Policy as follows: "1 a incidents -documented counseling session 1 t incident -documented verbal warning 12 incident -written warning 13 incident -1 Qay suspension (Note: This is for alt incidents except FML) Effective ~Ot3-0'1-208, employ swill be allowed to call out sick three times in a twelve month period without medical documentation of the sick incident. fln the fourth incident without documentation, all employees shall present to their BG, QG or designated supervisor written documentation that they or their dependent family member was seen by a medical professional. Documentation must include the name, phone number and s~nature of the person providing the service and be on Borne form of official stationary, i.e. letterhead or a treatmenttprescription form. lx) NaT include any information about what the appoin#merrt or treatmen# was for. Employees will not be p+srmied to return. to duty and will be carried as Leave Without Pay if they do not provide the documentation. A second Sick Code in Telestaff, Sick wlNote will be added to the work codes in the system, It shall be the responsibility ofi the BC, DC or designated supervisor to change the initial Sick Code to the Sick wltvote code when the documentation is received from the employee. When an employee calls out sick, the BC, DC or designated supervisor will query Telestaff `rn the reports section and advise the employee of their status {total sick incidents in the past twelve months and total undocumented incidents since 08.0't .2008). Cn 08~~1.2009 the query. for both 'It be the test twelve months. The report will be printed and included in the deity paperwork. if the person taking the call isn't. able to advise the employee at the tune of the call, the supervisor will advise the ernptoyee to call later to review their status. All employees are encouraged to monitor their own work history using either the t~lendar or Reports tab in Telestaff and query the appropriate time period. Supervisors should endeavor to be sensitive towards an employee if they are experiencing some life difficulty that might appropriately tae addressed by the Employee Assisnce Program (t=AP) or the Fernily Leave Act (t=LA). Copies of each czf ifiese policies may be obtained by placing a request with the Pire Administration. Sick incidents under approved FML will not count towards the free undocumented incidents per 92 monk perm or in the total sick indents per year. S4G 103.02 CALL@N~ OU7 81CK Page 2 of 2 32 o ~ ~~~ I ~,~ i B=OAC H - CITY OF MIAMI=B %,."OH_; ' - NOTICE OF PUBLIC HEARINGS w~ L NOTICE tS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of Miami a ! Beach, Florida, in the Commission Chambers, 3rd floor, City Hall,'1700 Convention Center Drive, Miami Beach, 'rlorida, on: Wednesday, z September 17, 2008, to consider the following: "' 5:05 p.m. c ':, Ordinance Amending Ordinance No. 1335, The Classified Employees' Leave Ordinance?By hrFtending The Rrovisions.Of Section 6 For Use a , Of Sick Leave.. W _ inquiries maybe.directed to the Human Resources Department at (305) 673-7520 . f w ~ Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chaoter.106, Entitled "Traffic And Vehicles,"''By Amending ~ Artiole Ii, Entitled "Metered Parking," By Amending Division i, Entitled "Generally"`Bq;Amending Section ]06-55, Entitled "Parking:Rates - '. Fees, And Penalties;" By Amending Parking Meter Rates And Time Limits; Regulations Concerning Metered `Parking'Space Rentals, -:; ~~`o ;:. Temporary.Residential Guest Parking Placard Permfts; And Providing Minor Amendments For Consistency'Within Section 1.06-55:As'To ~. ~ Parking Department Operating Procedures And Modernizing Parking Regulation Terminology By Amending Division.2.:Erititled "Residential 'a Parking Permits" By Amending Section 106-79 Entitled "Issuance Of Permits; -Placement Of Signs" fay Amending 'The Provisions'For ' E Residential'Parking Permits. o ~ ;, Inquiries may be tlirected to the'ParkirTg Department at (305) 673-7275. _ ~, .5:05 p.m. '~ ; An Ordinance Amending Chapter 110 Oi The Miami.Beach City Code Entitled"`aJtiltties'" :Amending Article IV, Entitled "Fees, Charges, Rates I And Billing Procedure Ftiereof;" Amending Division 2, Entitled "Rates, Fees AntlSCharge~;.'•'.:;ByiDeleting Section 110-168 (B) Thereot, Entitled i "Sanitary-Sewer Service Cherge," To Provide Additional Water Meter Fees; And Also Amending Appendix A To Section 11 D-166, (Entitled "Fee m i Schedule,") 7o Increase The Sanitary Sewer Service Charge Imposed By The City Pursuant,7o Sections 110-166 (A) And (B), And 116-966 (A). Inquiries may be~diredted to the Public Wo~ks'Department at (305) 6737080. 5 05'p:m. i AnDrd'mance Amending Chapter 110 Of The tvliami Beach.Clty Code, Entitled "Utilities'"`By Amending Article III ThereobEntttled "Stormwater ~ ~ Ufiilty,"?Arnendlri,g:Section 11 D-109 Thereof Entitled "Stiirmwater Utility Fees," By Amending Appendix A Thereof To Increase The Stomtwater ' ! Ufiirty,~•Serutep'Charge~imPased By The City.,. i ;. .Inqumes may beti'iiected.to the Public Works Department at (305) 673-7080. , w5'05;p:m: _ , ~ ~An Ordipance~'Amentlrgg=The Miami<Beach City CotleiBy Ameridmg :Chapter 90izEntitled :Solid Waste,"'8y~'Ama4rding,Artiole t Eritttled. ~ y xlmehdir5 :Section:90-2,~Eptitled Defiriftions By=Amending Defini#ro~s.0onceming Waste'Ctsilst~tion+Bytl~rttiendfr~grArtiafe, ° in'6enecel •By.. 9 ~ 31Y Entitles Pnvate Wast~ollectorslOontiactors By`Amendrr~g.Divisidn 2, Entitled "UcenseAnd Permtt,' KBy~'A'rmendmg S its ~~~')~ ~ ' -?905192; 90 rtg3,=AFld.90-'1'95`;To.Clarffy'Prov~sions Regatding ldcenses, Permits, Indemnificatroh, And Insurance For.'iridepenrle ` t9fitr$Ztors FByaAmentling Division 3=Entitled"'Frahchrse =OfaArtlcleaV.By Amending Sections 90-221, 9D-222, 90-223;.98 224;-9D 225,'.90-228 "90=229;- ~9.0..230,.~Rndi~90=233 By Y>inendrrLrg'Franchise~Fee'Provisions Providing Provisions For Recycling And Waste=Contractors ~1Nith Regard~To ~FrarTChise Fees~Hccountlreformation,'Morrthly`ReooRs;'fhe Haridiing Of Complaints, Regulations Far Servrcrhg_Dumpsters; i:ompaEtors; i Ant9~~arbage,<:acilttres, The:~efe^tion'Of Franchise Weste'CorrtFactors, The Renewal,Of. Waste Contractors' Franchise Agreement Cpntracfs, .- :.:..._..... •~_~~__ ~:_..,,~,.,.. ~~:..a sile:co.;,,~A+mc'-nt Franchises. _Bv:7~'diiinas•A New Sectidh':90~231 TorProwde F.iecS+clirag ~ R1eltWlltlu4LO~, ~ '"~ J -, `"Speciclty i~t5ti-fr,act©rs`~''Ot~irEtGfe~iVtBy AmeriFirrrg _S~bdtvrsron "II,:Entttled nRotloffMtaste Container ontr8 ors,,- • y ?t9D.276~hrou,Jh:90'261'To Rmetrdla~JCense Fcnd'Permit(f3equiremdiats And Fses, Providing Penalties For FaifureTo Obtain A~Perrnit P.rduidmg , ~ i ''ThatOn3Stfeet~Arrtl*~ff~Street R,emiiFees'Shali Be Changed ByFtesolution After October 1 „2008, increasing-The::On.Street'Pend Off=Street Permit Fees`Fcom'tfi%~FdtB,%"~f~Lhe Lacensees'Total"Monthly%.Gross Recer(5ts,'Atn9ndmg Monthly~Report»And Audft'Prowsrons,~And : k ':~Prdtlrgg~Identr~iEafioneFiec)uYrtemerTts4nd Lnca4ion, Use;=knd Overflow Restrictions, RylAmending Subdivision'itl, Entttled`"Recychng:Vllaste :. QontraCtors Llivrsrani4'iQf Artrcie I';/'By.Amendirlg,.SectaonT~90~307 .With'Regani To The Expiration Of:Lacenses Arrd'=CraatuXg-Sectron .:- _ 90='d'1i1TgSet"Forth°"fihe;fRegulatlonsApplrcatiie'To ~te~oyChrlg'r/JaSte Contractors. j !-~ Inquiaies~may;beMirected~torthe PUtilic~Woxks.C~epartrrre't1t'at3(305)ib73-7080. -' INTERESTED PARTIES are invited'.to appear at.this meeting, or. betrepresented by•an agent, or to express their~riews rn Htritmg addressed ` to the .City Commission, clothe City Clerk, 17.00 Convention O,~nter Drive, 1st Floor Crty~Hail, Miami Beach F.lorida`33`Y39 ~€ipies of -_ 3 these ordinances are available for public inspection during.nonnal;business hours in the Citys0lerk's Office,'1700`Convention'Genter.Dnve., _. s 1st Floor, City Hall,-and"Miami Baach,.Fiorida 33139. This meeting~.may be continued and under such circumstaneesYaddltionaP~legal:notide ~ ._ would not be provided. - :Robert E.'Parcher, City .Clerk I t City of.Miami Beach ~`: I Pursuant to Section 286.0105, FIa..Stat., the City hereby advisesthe public that: ff a persoh'iiecides to appeal any decision made by the Cfty Commission with respect to any matter considered at fts 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 rto 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 s 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 accommotlation to review any document or participate in5em~ ctty-sponsored proceeding, please contact -(305) 604-2489 (voice), - (305)673-7218(TTY) five days imadvance to initiate ydurrequest. TT" users may also call 71 i (Florida Relay Service). ) . , Ad #506 '