2001-3336 ORDORDINANCE NO. 2001-3336
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
ORDINANCE NO. 1613, THE UNCLASSIFIED EMPLOYEES'
LEAVE ORDINANCE, BY AMENDING THE PROVISIONS FOR
ACCUMULATION AND PAYMENT OF ANNUAL AND SICK
LEAVE; 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 ofthe Unclassi~ed Leave OrdinaneeNo. 1613 as amended
shall be amended to read as follows:
SECTION 2:
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 260 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 payroll ealem~ year. For employec5 hired on or
after October 1, 1978, there is no provinion for accumulation of annual leave.
Effective with the first pay period ending in the year 1975 employees must use all annual
leave during the pay pcriod year follo~ving that in which such leave is oarned. (Ord. No.
78 2136 §3.) At the end of each hawell year. all employees will be allowed no more
than 360 vacation (annual) hours to be accrue& 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
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 ordinance.
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; such transferred leave must be used during the pay period year in xvhich
it ia transferred. At the time of resignation. retirement. tennination. or death. such
employee can transfer sick leave in this manner to math a maximum of 480 hours of
vacation (annual) leave. (Ord. No. 78-2136, §4)
Use of Annual Leave:
(-a-) Vacation will be charged to annual leave fmae. Sick 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 mediate family will be charged to annual leave if all sick time
has been exhausted. In any case, employees must comply with Section 6(c) of this
ordinance.
In case during a particular year b~cause of extraordinary oimumstanooa an employee is
unable to takc a vacation without sc~ous lo~ or inconvenien~c to the City, the employee
may be permitted to postpone taking this particular vacation for up to three years if so
recommended by his dcpamnent head and approved by the City Manager prior to the end
ofthe last pay pe~od in a calendar year. Sueh postponed vacation must bc talcen by the
cmployoe before he may bc granted postponcment of troy additional vacation in future
9. Payment for Annual Leave
(e)
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 employee at the time of his retirement, death,
teation, 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 260 480 hours. T i
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 S 60 600
hours. (Oral. No. 78-2136, §6)
SECTION 2: REPEALElL
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 tenumbered 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 29t1~.~ day of December ,2001.
PASSED and ADOPTED this 19th day of
ATTEST:
December [ ,2001.
y~R~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION '
Date
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
REVISED NOTICE OF ADVERTISEMENT PUBLISHED THURSDAY,
NOVEMBER 15, 2001 ON PAGE 14
NOTICE IS HEREBY iven that public headngs will be held by the' Ma or and City Commission of the City of Miarni
Beach, Flodda, in the (~0mmisslon Chambers, 3rd floor, City Hall, 1700 ~oanvention Center Ddve, Miami Beach, Flodda,
on Wednesday, November 28, 2001, at the times listed below, to Consider the adoption of the following ordinances:
AN ORDINANCE AMENDING ORDINANCE NO. 1335, THE CLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY
AMENDING THE PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND SICK LEAVE CONTINGENT
~ 10:35 a.m.: , . ·
PROVIDING FOR A REPEALER, SEVERABILITY, CODII~ICA'RON AND AN EFFECTIVE DATE.:
Inquiries m~y be directed to the Human Resources Department at (305) 673~7524.
AN ORDINANCE AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION;" BY AMENDING ARTICLE ill ENTITLED
"AGENCIES, BOARDS AND COMMITFEES;" BY AMENDING DIVISION 7 ENTITLED "PRODUCTION INDUSTRY.
Inquiries may be directed to the Economic DeVelopment Department at 305 673-7193. '
'AN ORDINANCE AMENDING VARIOUS SECTIONS OF :ThE CiTY c01)E, INCLUDING THE LANI~ DEVELOPMENT
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 'i:WO MEMBERS OF THE
COMMI'R'EE, 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 118-102 3) TO PROVIDE THAT THE JURISDICTION OF THE DESIGN REVIEW AND H STOR C
PRESERVAT ON BOARDS 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;
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
Inquiries may be directed to tl~e Cultural Affairs a{ld Toudsm Development Department at'(305) 673-7577. .,
at 11:00 a.m.:DELETED ~
· ALL. INTERESTED PARTIES am 'invited to appear at tills meeting, or be represented by an agent, or to ~x~press~ th~ r
views in wdting addressed to the City CommisSion, c/o the City Clerk 1700 Convention Canter Drive, 1st Floor, City
Hall, Mlami BeaCh, Florida 33139. Copies of these ordinances are available for public inspection dudng normal
business houm in the City Clerk's Office, 1700 Convention Center Ddve, I st Floor, City Hall, Mlami Beach, Florida
- . - '. City of M iami Beach ·
CrlY OF MIAMI BEACH
CONMISSION ITEM SUMMARY
Condensed Title:
IOrdinance amending Unclassified Leave Ordinance to amend provisions for accumulation and payment of
annual and sick leave for Unclassified employees.
isaue:
Shall the City implement measures to ensure a fair and consistent leave accumulation and payment
system for Unclassified employees in accordance with the provisions already negotiated with FOP, IAFF,
and AFSCME?
Item SummaW/Recommendation:
Adopt the Ordinance on second and final reading. Ordinance was approved on first reading on October
17, 2001. During the November 28, second reading, there were questions conceming the Ordinance and
the FOP and IAFF contracts. These issues were resolved and Ordinance was reworded. The changes
include: 1) elimination of must use time based on the previous year's accrual (all employees will 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.
Sign-Offs:
DATE
CITY OF MIAMI BEACH
CiTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\~ci.rniami-beach.fl.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~.F~
City Manager
DATE: December 19, 2001
SECOND READING - PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1613,
THE UNCLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY
AMENDING THE PROVISIONS FOR ACCUMULATION AND PAYMENT
OF ANNUAL AND SICK LEAVE; PROVIDING FOR A REPEALER,
SEVERABILITY, CODIFICATION 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
hearing was held on November 28, 2001. During the public heating, there were questions
concerning the Ordinance and the Fraternal Order of Police (FOP) and International 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 wording has been presented to and agreed upon by the FOP and the
IAFF.
Currently, the Fraternal 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 from 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.
yACATION (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 acemat has been deleted and replaced with a maximum accrual 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 of payout of up to 1200 hours of accrued sick
leave. The IAFF union contract specifies an accrual maximum of 360 hours, 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 shif~ 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 applies to Unclassi~ed employees. This ordinance implements for
Unclassi~ed employees the same provisions that have already been negotiated with the City unions
(FOP, IAFF, and AFSCME).
The chart on the following page indicates how these amendments to the Unclassi~ed 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
CLASSFIlED
ORDINANCE
NO. 1335
5(a)
5(a), 503) 3(a), 503)
503) 303)
603) 403)
SECTION of
UNCLASSIHED
ORDINANCE
NO. 1613
3(a)
6(c) and 4(c) and 9(c)(2)
11 (c)(2)
703) 503)
PURPOSE AND EFFECT
Makes sections consistent with Section 11 (c) of the
Classified Ordinance and 9(c) of the Unclassified
Ordinance 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 based on
previous year' s vacation acereal
Allows deparh~mnts 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 based on
previous year's vacation accrual
Allows deparhnents and employees more flexibility in
when employees could take vacation
CONCLU~ON
By amending the Unclassi~ed Leave Ord'mance, the City will ensure that there is a leave