Ordinance 2022-4485 ORDINANCE NO.; 2022-4485
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED
"PERSONNEL," BY AMENDING ARTICLE I, ENTITLED "IN
GENERAL," BY CREATING SECTION 78-3 THEREOF,TO AUTHORIZE
QUALIFYING CITY EMPLOYEES TO MAKE DONATIONS OF ANNUAL
AND SICK LEAVE FOR HUMANITARIAN DISASTER RELIEF, AS MAY
BE APPROVED BY THE CITY COMMISSION; AND PROVIDING FOR A
SUNSET AND AUTOMATIC REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS,the City of Miami Beach prides itself on being a diverse, inclusive international
community with respect for the rule of law and democratic institutions, with the Mayor and City
Commission routinely supporting measures that promote human rights and dignity; and
WHEREAS, in 2005, the Mayor and City Commission enacted Ordinance No. 2005-3471,
which allows for qualifying City employees to donate a portion of their annual or sick leave to the
surviving dependent beneficiaries of a City employee who dies while in the employ of the City, to
thereby convert annual and sick leave into cash for the benefit of family members of deceased
employees, in the spirit of shared community and a desire to help our extended City family
members in times of great need; and
WHEREAS, recently, an unprecedented number of people around the world have been
affected by various disasters and catastrophes, both natural and manmade; and
WHEREAS, if approved, the proposed Ordinance would create Section 78-3 of the City
Code authorizing employees having at least 260 combined hours of annual and sick leave after
any donation, to donate annual and sick leave for specified humanitarian disaster relief, as may
be approved by the City Commission by Resolution; and
WHEREAS, specifically, the sponsor's intent would be to propose a Resolution to
accompany second reading of this Ordinance, to authorize donations for the benefit of
persons displaced and/or adversely impacted by Russia's unlawful invasion of the sovereign
nation of Ukraine; and
WHEREAS, the Mayor and City Commission desire to adopt the following amendment to
the City Code of Laws and Ordinances in order to authorize qualifying City employees to donate
annual and sick leave for humanitarian disaster relief, as may be subsequently approved by the
City Commission by Resolution for any specific humanitarian relief effort.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 78-3 of the City Code shall be created as follows, and as hereinafter
set forth below:
igooc G—y4/4-
CHAPTER 78
PERSONNEL
ARTICLE I. IN GENERAL
* * *
Sec. 78-3. Donation of annual leave and sick leave for humanitarian disaster relief.
(a) If approved by the city commission via resolution for any specific humanitarian relief effort,
city employees may donate a portion of their annual leave and/or sick leave for specified
humanitarian disaster relief.
(b) The donating employee must maintain a balance of at least 260 combined hours of annual
and sick leave.
(c) The donated time will be computed at the donating employee's current rate of pay at the time
of donation.
(d) One check of all donations made shall be issued by the city to the appropriate disaster relief
agency,entity or organization.
(e) Donations may only be made during the period of time designated by the city commission
on such authorizing resolution. No donations will be accepted after that date.
(f) The amount of time donated by the donating employee will reduce that employee's final leave
settlement.
(g) The donating employee will be required to sign a form indicating the hours donated and that
these hours will reduce such employee's final leave settlement. This signed form will be
retained in the donating employee's personnel file.
The provisions of this Section 78-3 shall sunset and stand automatically repealed on August 1,
2023.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
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
2
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.•
This Ordinance shall take effect on April 14 , ao a3"
PASSED and ADOPTED this day of 4 rt age ,2022.
2i
ATTEST:
APR'1 2 2022 Dan Gelber
Mayor
Rafael . Granado
City Clerk - "��
\ (.j�; , s
(Sponsored by Commissioner Alex J. Fernandez) ' ;' '' .q
TIiiCORPtiHATED
Underline denotes additions ''';�-•
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Str+l��g#denotes deletions 1,, ,,H,,,,,`
,
. APPROVED AS TO
FORM.& LANGUAGE
&FOR EXECUTION
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City Attorney ` Dote
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Ordinances-R5. N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: April 6, 2022
2:15 p.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 78 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PERSONNEL," BY
AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY CREATING
SECTION 78-3 THEREOF, TO AUTHORIZE QUALIFYING CITY
EMPLOYEES TO MAKE DONATIONS OF ANNUAL AND SICK LEAVE FOR
HUMANITARIAN DISASTER RELIEF, AS MAY BE APPROVED BY THE
CITY COMMISSION; AND PROVIDING FOR A SUNSET AND AUTOMATIC
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A.
FINANCIAL INFORMATION
N/A.
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
Page 1138 of 1735
ATTACHMENT$:
Description
❑ Commission Memorandum
❑ Ordinance
Page 1139 of 1735
MIAW\I BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael A. Paz, City Attorney i� cond Reading/Public Hearing
DATE: April 6, 2022
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PERSONNEL," BY
AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION
78-3 THEREOF, TO AUTHORIZE QUALIFYING CITY EMPLOYEES TO MAKE
DONATIONS OF ANNUAL AND SICK LEAVE FOR HUMANITARIAN
DISASTER RELIEF, AS MAY BE APPROVED BY THE CITY COMMISSION;
AND PROVIDING FOR A SUNSET AND AUTOMATIC REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
,The proposed, Ordinance (the "Ordinance"), which is sponsored by Commissioner Alex
Fernandez, is submitted for second reading/public hearing at the April 6, 2022 City Commission
meeting.
The City of Miami Beach prides itself on being a diverse, inclusive international community with
respect for the rule of law and democratic institutions, with the Mayor and City Commission
routinely supporting measures that promote human rights and dignity.
In 2005, the Mayor and City Commission enacted Ordinance No. 2005-3471, which allows for
qualifying City employees to donate a portion of their annual or sick leave to the surviving
dependent beneficiaries of a City employee who dies while in the employ of the City, to thereby
convert annual and sick leave into cash for the benefit of family members of deceased employees,
in the spirit of shared community and a desire to help our extended City family members in times
of great need.
Recently, an unprecedented number of people around the world have been affected by various
disasters and catastrophes, both natural and manmade. If approved, the proposed Ordinance
would create Section 78-3 of the City Code authorizing employees having at least 260 combined
hours of annual and sick leave after any donation, to donate annual and sick leave for specified
humanitarian disaster relief, as may be approved by the City Commission by Resolution.
The Sponsor has proposed an accompanying Resolution, which would specifically authorize
donations for the benefit of persons displaced and/or adversely impacted by Russia's unlawful
invasion of the sovereign nation of Ukraine. Moreover, the Resolution, if adopted, would direct
the City Administration to remit the donated funds to the.American Red Cross in support of this
urgent humanitarian crisis caused by Russia's unlawful invasion of Ukraine.
Page 1140 of 1735