2001-3335 ORDORDINANCE NO. 200].-3335
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 CONTINGENT UPON
COLLECTIVE BARGAINING AND APPROVAL BY THE BARGAINING
UNITS PRIOR TO IMPLEMENTATION FOR EMPLOYEES IN
CLASSIFICATIONS GOVERNED BY UNION CONTRACTS TO THE
EXTENT SUCH APPROVAL IS NECESSARY; PROVIDING FOR A
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
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 as mended
shall be amended to read as follows:
SECTION 1:
5. AccumulafionorForfeitureofAnnua!LeaveandSickLeave:
(a) Employees hired prior to October 1, 1978 may accumulate annual leave and sick leave up
to a total combined maximum of 360 2088 hours plus 6'1 hours for each year of service
with the City. Any hours of leave in excess of above maximum will be forfeited on the
last day of the last full pay period of the paWell ca!cr. dar year. For employees hired on or
after October 1, 1978, there is no provision for accumulation of annual leave.
Effective with the first pay period end'rag in thc ),ear 1975 employees must tree all annual
leave during the pay period year follo~ing that in ~vhich such leave is eoraed. (Ord. No.
78 2135 §3.) At the end of each pawoll year, all employees will be allowed no more
than 360 vacation (annual) 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
6. Transfer of Sick Leave to Annual Leave:
(a) For employees hired prior to October 1, 1978, sick leave accrued in excess of 360 hours
may be used for vacation time within the limits of this ord'mance.
(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 armual leave; such transferred leave must be used during the pay period year in which
it is transferred. At the time of resignation. retirement, termination~ or death, such
emnlovee can transfer sick leave in this manner to reach a maximum of 480 hours of
vacation (annual) leave. (Ord. No. 78-2135, §4)
7. Use of Annual Leave:
(-a-) Vacation will be charged to annuai leave time. Siek leave can be charged to annual leave
time if all sick leave time has been exhausted. Religious holidays and absences due to
death or illness in the immediate family will be charged to annual leave if all sick time
has been exhausted. In any case, employees must comply with Section 8(c) of this
ordinance.
In ease during a particular year because of extraordinary circumstances an employee is
unable to take a vacation without serious loss or inconvenience to the City, the omplo)~o
may be pc, rmitted to postpone taldng this particular vacation for up to throe years if so
recommcnded by his department head and approved by the City Manager prior to the end
of the last pay period in a calcndar year. Such postponed vacation must be taken by the
employee bcfore he may be granted postponement of any additional vacation in future
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 afar 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 ~6~ 480 hours. :F-:
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 ~60 600
hours. (Ord. No. 78-2135, §6)
Collective Bargaining Contin~,encv:
As to employees in classifications ~ovemed by union contracts. implementation of the
measures hereby amended in Sections 5, 6(b'} and (c~. 7Co~. 11 (c), and 17, is contingent unon
collective bar~ainina 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
lanauage 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:
SECTION
CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby urdalned 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 tenumbered or re-lettered to accomplish such intention, and the
word "ordinance" may be changed to "section", "article", or other appropriate word.
EFFECTIVE DATES.
This Ordinance shall take effect the 291h day of December ,2001
PASSED and ADOPTED this 19oh day of
AT~
CITY CLERK
Decem~/001.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Att Date
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
REVISED NOTICE OF ADVERTISEMENT PUBLISHED THURSE)AY,
= NOVEMBER 15. 2001 ON PAGE 14
NOTICE IS HEREBY iven that public headngs will be he~d by the Ma or and City Commission of the City of Miami
Beach, Florida, in the ~0mmission Chambers, 3rd floor, City Hall, 1700 ~ocnvention Center Drive, Miarni Beach, Rodda,
on Wednesday, November 28, 2001, at the times Iiated below, to consider the adoption of the following ordinances:
.~ at 10:30 a,m,:
z~ ,7~AAN ORDINANCE AMENDING ORDINANCE NO. 1335, THE CLASSIFIED EMPLOYEEB' LEAVE ORDINANCE, BY
AMENDING THE PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND SICK LEAVE CONTINGENT
>: UPON COLLECTIVE BARGAINING AND APPROVAL BY THE BARGAINING UNITS PRIOR TO iMPLEMENTATION
~ FOR EMPLOYEES IN CLASSIFICATIONS GOVERNED BY UNION CONTRACTS TO THE EXTENT SUCH APPROVAL
z IS NECESSARY; PROVIDING FOR A REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
~ at 10:35 a.m.: ,
_~ AN ORDINANCE AMENDING ORDINANCE NO. 1613, THE UNCLASSIFIED EMPLOYEES' LEAVE 'ORDINANCE,
¢s BY AMENDING THE PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND SICK LEAVE; 0-
=' PROVIDING FORAREPEALER, SEVERABILIT~, CODIFICATION AND AN EFFECTIVE DATE..
:Z: Inquiries m~y be directed to the Human Resources Department at (305) 673-7524.
at 10:40 a.m.:
I- AN ORDINANCE AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION;" BY AMENDING ARTICLE Ill ENTITLED
"AGENCIES, BOARDS AND COMMITrEES;" BY AMENDING DIVISION 7 ENTITLED "PRODUCTION INDUSTRY
COUNCIL", BY AMENDING THE COMPOSITION OF THE COUNCIL BY DELETING THE REPRESENTATIVES
FROM THE MIAMI-DADE OFFICE OF FILM, TELEVISION AND PRINT AND THE CITY'S FILM, TELEVISION AND
PRINT OFFICE AS NON-VOTING, EX-OFFICIO MEMBERS; PROVIDING FOR REPRALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR EFFECTIVE DATE.
Inquiries may be directed to the Economic Development Department at (305) 673-7193.
at 10:zta.m.:
AN ORDINANCE AMENDING VARIOU~ SEO"RONS OF ~-IE CRY C~DE, iNCLUDING THE LAND DEVELOPMENT
REGULATIONS, CONCERNING AFar IN PUBLIC PLACES, AND INVOLVEMENT IN THE SELECTION OF PUBLIC ART
BY THE DESIGN REVIEW AND THE HISTORIC PRESERVATION BOARDS; AMENDING CHAPTER 82, ARTICLE VII,
ART IN PUBLIC PLACES: DIVISION 1, SECTION 82-537, DEFINITIONS, TO ADD UP TO '~NO MEMBERS OF THE
DESIGN REVIEW OR HISTORIC PRESERVATION BOARDS TO THE PROFESSIONAL ADVISORY COMMr'FrEE,
DEPENDING UPON THE LOCATION OF THE PROJECT AND THE RESPECTIVE BOARD'S JURISDICTION;
AMENDING SECTION 82-612 TO PROVIDE THAT IN THE ABSENCE OF A PROFESSIONAL ADVISOEIY
COMMITTEE, THAT THE DESIGNATED DESIGN REVIEW OR HISTORIC PRESERVATION BOARD MEMBERS SHALL
ADVISE THE ART IN PUBLIC PLACES COMMITTEE, AND PROVIDING PROCEDURES FOR ART PROJECT
REVIEW BY THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD; AMENDING SECTIONS 118-
71(2) AND 118-162(3) TO PROVIDE THAT THE JURISDICTION OF THE DESIGN REVIEW AND HISTORIC
PRESERVATION BO.~DS SHALL BE ADVISORY TO THE CITY COMMISSION ON THE SELECTION OF WORKS OF
ART, EXCEPT THAT SUCH BOARDS MAY IMPOSE BINDING CRITERIA IN CERTAIN MATTERS AS SPECIFIED;
PROVIDING FOR CROSS-REFERENCING OF THE PROVISIONS IN CHAPTER 82; PROV D NG FOR .REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Cultural Affairs agd Toudsm Development Department at '(305) 673-7577.
at 11:00 a.m.:DELETED" ,
ALL INTERESTED PARTIES am 'invited to appear at this meeting, or be repm6ented by an agent, or to express their
views in wdting addressed to the City CommisSion c/o the City Clerk, 1700 Convention Center Ddve, 1 st FlOor, City
/ Hall, Miaml Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal
business hours in the City Qerk's Office 1700 Convention Center Ddve, 1st Floor, City Hall, Miami Beach, Rodda
33139. '~is meeting may he continued and under such circumstances additiona ega not ce wou d not be pray dsd.
Robert E. Parchef, City Clerk
. -. CIty of Miami Beach
Pursuant to Section 286.0105 Fla. Stat., the City hereby advises the publi~ that: if a person decides to appeal any decision made
by the CIty Commission with respect to any matter considered at its mating or its headng, such person muat ensure that a
verbatim record of the pmceedln s is made. which record includes the teatlmon end evidence upon which the a peal is to
based. This notice dces nat const~ute conserd by the City for the introduction or ~:~mlsslon ?f otherwise inadmissib~ or irrelevant
evidence, nor does it aL~hodze chal enges or appeals nat otherw se allowed by law.
In accordance with the Am~tcans with Disabilities Act of 1990, ns needing special accommodation to participate in this proceeding
should contactthe Cit~Clerk's office no lateFthan fourdays ~rl~too the proceedin ,teephone(305 673-7411 for asslstance;it hea~ng
impeired, te!ephone tt~ Rodda Relay Service numbers, (800) g~5-8771 (TDD) or {80~) 955-8770 (VOICE), for assistance. '
CI'IY OF MIAMI BEACH
COMIISSION ITEM SUMMARY
Condensed Title:
Issue:
IShall the City implement measures to ensure a fair and consistent leave accumulation and payment
system for Classified employees not covered by a union in accordance with the provisions already
negotiated with FOP, IAFF, and AFSCME?
Item Summary/Recommendation:
Adopt the Ordinance on second and final reading. Ordinance was approved on first reading on October
17, 2001. Dudng the November 28, 2001 second reading, there were questions ccnceming the Ordinance
and the FOP and IAFF contracts. These issues were resolved and Ordinance was reworded. The
changes include: 1)eliminationofmustusetimebasedonthepreviousyear'saccrual(allemployeeswill
have a max of 360 hours by the end of each payroll year), 2) increase separation payout of accrued sick
leave for post-1978 employees (from % of 720 hours to ~ of 1200 hours), and 3) increase payout of
accrued vacation (annual) leave for post-1978 employees (from 360 hours to 480 hours). These provisions
will be negotiated with CWA and GSAF.
Advisory Board Recommendation:
NA
Financial Information:
Amount to be expended:
Source of
Funds:
Finance Dept.
sie.~ff,:
F:%l-i~'M~%$a~l\~o~dt 1635uc sum.doc '
;Gity:Manage~
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\~ci.miami-beach.~.us
COMMISSION MEMORANDUM
TO:
Mayor David Dermer and
Members of the City Commission
DATE: December 19, 2001
FROM: Jorge M. Gonzalez
City Manager
SECOND 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 CONTINGENT UPON COLLECTIVE BARGAINING
AND APPROVAL BY THE BARGAINING UNITS PRIOR TO
IMPLEMENTATION FOR EMPLOYEES IN CLASSIFICATIONS
GOVERNED BY UNION CONTRACTS TO THE EXTENT SUCH
APPROVAL IS NECESSARY; PROVIDING FOR A REPEALER,
SEVERABILITY, CODIHCATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance on the second and final reading.
ANALYSIS:
This Ordinance was approved on first reading on October 17, 2001. A second reading and public
heating was held on November 28, 2001. During the public heating, there were questions
concerning the Ordinance and the Fraternal Order of Police (FOP) and Intemational Association of
Fire fighters (IAFF). As a result of those questions, the changes to the Ordinance have been reworded
to clarify the intent. The new word'rag has been presented to and agreed upon by the FOP and the
IAFF.
Currently, the Fratemal Order of Police (FOP) union contract; the International Association of
Firefighters (IAFF) union contract; and the American Federation of State, County, and Municipal
Employees (AFSCME) union contract include the following changes ~'om the previous contract:
1 ) elimination of must use time based on the previous year' s vacation accrual, 2) separation payout
of accrued sick leave for post- 1978 employees, and 3) payout of accrued vacation (annual) leave for
post-1978 employees.
VACATION (ANNUAL) MUST USE TIME
Under the old system, an employee "must use" all annual leave accrued during the previous year.
This means that an employee would have to use from 96 hours to 176 hours of annual leave in that
year, depending on the employee' s years of service.
Under the new system, in the proposed ordinance, the "must use" concept based on the previous
year's vacation accrual has been deleted and replaced with a maximum acereal of 360 hours of
annual leave for all employees by the end of each payroll year. This allows more flexibility in the
employees' ability to use vacation leave and in the departments' ability to grant vacation leave. In
addition, an employee can easily determine if he/she is near the 360 hour limit.
SEPARATION PAYOUT OF ACCRUED SICK LEAVE
The FOP union contract and the AFSCME union contract have extended the separation payout of
sick leave. Previously, an employee who accrued 720 hours of sick leave would be entitled to a
separation payout of one-half of accrued sick leave up to a maximum of 360 hours.
Under the new FOP and AFSCME union contracts, the separation payout is extended from a
maximum of 360 hours to 600 hours based on one-half ofpayout of up to 1200 hours of accrued sick
leave. The IAFF union contract specifies an accrual maximum of 360, but an employee will receive
100% for the first 120 hours.
SEPARATION PAYOUT OF ACCRUED VACATION (ANNUAL) LEAVE
Under the old system, a post' 1978 employee can receive a payout of a total of 360 hours of vacation
leave.
Under the proposed ordinance, and under the FOP and AFSCME union contracts, the final
separation payout of vacation is 480 hours (720 hours for 24-hour shift IAFF employees). This
would allow an employee to convert sick leave to vacation leave on the basis of two (2) hours of sick
leave for one ( 1 ) hour of vacation leave, up to a total of 480 hours vacation leave upon separation
from the City.
APPLICATION OF ORDINANCE
The proposed ordinance states that implementation of the ordinance for employees governed by other
union contracts is contingent upon collective bargaining and approval by the unions. The FOP,
IAFF, and AFSCME contracts already include these provisions. The City will negotiate with CWA
and Government supervisors of Flotida (GSAF) on these provisions. If the ordinance is adopted, it
will automatically apply, without further action, to the "Others" category of classified employees
who are not represented by a union (FOP, IAFF, CWA, GSAP, and AFSCME).
The chart on the following page indicates how these amendments to the Classified Leave Ordinance
will ensure that there is a leave accumulation and payment system which is fair for all employees,
consistent across all groups of employees, and efficient to administer.
SECTION of
CLASSIFIED
ORDINANCE
NO. 1335
5(a)
5(a), 5(b) 3(a), 5(b)
'5(b) 3Co)
6{b) 4Co)
SECTION of
UNCLASSIFIED
ORDINANCE
NO. 1613
3(a)
6(c) and 4(c) and 9(c)(2)
11 (c)(2)
7(b) 5(b)
PURPOSE AND EFFECT
Makes sections consistent with Section 1 l(c) of the
Classified Ord'mance and 9(c) of the Unclassified
Ord'mance which state that, for employees hired prior to
October I, 1978, the maximum payment will be one year' s
compensation
Eliminates the previous "must use" time
Allows departments and employees more flexibility in
when employees could take vacation
Allows for consistency between employees hired before
and after 1978
Previously, employees hired on or after October 1, 1978,
could accrue a maximum of 352 hours
Allows departments and employees more flexibility in
when employees could take vacation instead of being
forced into using it the same pay period year
Encourages employees not to use sick time
Eliminates the previous "must use" time
Allows departments and employees more flexibility in
when employees could take vacation
CONCLUSION
By amending the Classified Leave Ordinance, the City will ensure that there is a leave accumulation
and payment s~m which is fair and consistent for all employees.
cloy-