Loading...
BIE - Unclassified Leave Ordinance (07/05/2024)M IA M I B E A C H City of Miami Beach, 1700 Convention Center Drive, Miami Beach. Florida 33139, www.miamibeachfl.gov T O : F R O M : M a yo r Ste ve n M e in e r and M e m b e rs of the C ity C om m issio n R icke lle W illia m s, Inte rim C ity M a nag e r Rl<J M E E T IN G D A T E : Ju ly 24 , 20 2 4 S U B J E C T : B U S IN E S S IM P A C T E S T IM A T E FO R : A N O R D IN A N C E O F T H E M A Y O R A N D C ITY C O M M IS SIO N O F TH E C ITY O F M IA M I B E A C H , F L O R ID A , A M E N D IN G C H A P T E R 78 O F TH E M IA M I BE A C H C IT Y C O D E , EN T IT L E D "P E R S O N N E L ," B Y C R EA T IN G A R T IC LE IV T H E R E O F , EN T IT L E D "U N C LA S S IF IE D E M P LO Y E ES ' LE A V E," TO C O D IFY A S PA R T O F T H E C IT Y C O D E A N D A M E N D T H E C IT Y 'S EM P L O Y EES '; L E A V E O R D IN A N C E (N O . 1613) FO R C LA R IT Y A N D E A S E O F R EF ER E N C E , T O D E L E T E A N D /O R R E V IS E O U T D A TE D P R O V IS IO N S , C R E A TE N EW S E C T IO N S , A N D M A K E S U B S T A N T IV E A M E N D M E N T S A S F O L L O W S : S E C TI O N 78 -18 1, EN TI TL E D "D E F IN ITIO N S ; A M O U N T S O F LE A V E," S E C TI O N 78-18 2 , EN TI T L E D "S P E C IA L PR O V IS IO N S FO R E M P L O Y EES O N M ILI T A R Y L E A V E ," S E C T IO N 78 -18 3 , E N TI TL ED "A C C U M U LA TIO N O R FO R F E IT U R E O F A N N U A L L E A V E A N D SIC K LE A V E," SEC TI O N 78-18 4, EN T IT L E D "C O N V E R S IO N A N D T RA N S F E R O F A N N U A L LEA V E A N D SIC K L E A V E ," S E C TI ON 78-18 5, EN TI TL E D "U S E O F A N N U A L LEA V E," S EC TIO N 78 -18 6, EN TI TL E D "U S E O F S IC K L E A V E ," S E C TI O N 78 -187, E N TI TL E D "C H A R G E S A G A IN S T A N N U A L LE A V E A N D S IC K LEA V E," SE C T IO N 78-18 8, EN T IT L E D "T IM IN G O F V A C A T IO N ," S E C TI O N 78-18 9, EN TI TL ED "PA Y M EN T FO R A N N U A L A N D SIC K L E A V E ," S E C TI O N 78-190, EN TI TL E D "O TH E R L E A V E S W IT H C O M P E N S A T IO N ," S E C TI O N 78-19 1, EN TI TL ED "W O R K ER 'S C O M P E N S A T IO N A N D S U P P LE M E N T A L IN JU R Y PA Y ," S E C TI O N 78-192, EN T IT L E D "U S E O F A N N U A L O R S IC K L E A V E FO R P U R C H A S E O F P EN S IO N T IM E ," S E C T IO N 78-19 3, E N TI TL ED "D O N A TIO N O F A N N U A L L E A V E A N D S IC K L E A V E ," SE C TI ON 78 -19 4, EN TI T LE D "PA ID P A R E N TAL LE A VE ," SE C TI O N 78 -19 5, EN TI TL ED "L E A V E S E L L B A C K ," S E C TI ON 78-196, EN T IT L E D "U S E O F S IC K LE A V E FO R R ET IR EE H E A LT H SA V IN G S A C C O U N T ," S E C TI O N 78 -19 7, EN TI TL E D "C IT Y M A N A G E R 'S A U T H O R IT Y TO A D O P T A D M IN IS T RA T IV E P R O C E D U R E S A N D R E G U LA TIO N S ," SE C T IO N 78-19 8, EN TI TL E D "D O M E S T IC A N D S E X U A L V IO L EN C E ," A N D SEC TI O N 78- 19 9 , E N T IT L E D "D O N A T IO N O F A N N U A L A N D S IC K LEA V E FO R H U M A N IT A R IA N D IS A S T E R R E LI E F "; R E P E A L O R D IN A N C E N O . 16 13 IN IT S EN T IR E T Y ; A N D PR O V ID IN G FO R R E P E A LE R , S E V ERA B ILI TY , C O D IF IC A T IO N , A N D A N E F F E C T IV E D A TE . Is a Business Impact Estimate Required? Yes N o (If no, please check one of the boxes below) Business Impact Estimate Page2 If one or more boxes are checked below, this means the City of Miami Beach has determined that a Business Impact Estimate for the above-referenced Ordinance is not required by State law. □The proposed Ordinance is required for compliance with Federal or State law or regulation; □The proposed Ordinance relates to the issuance or refinancing of debt; □The proposed Ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; □The proposed Ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the City; □The proposed Ordinance is an emergency ordinance; □The Ordinance relates to procurement; or □The proposed Ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553. 73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. If none of the above exceptions apply, this Business Impact Estimate is hereby provided in accordance with Section 166.041(4), Florida Statutes. 1. A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission Memorandum accompanying the Ordinance, as well as in the recitals to the Ordinance itself, which are attached hereto. 2. The City of Miami Beach estimates that the proposed Ordinance will have no direct economic impact on private, for-profit businesses in the City of Miami Beach, that the proposed Ordinance will have no direct compliance costs that businesses may reasonably incur; that the proposed Ordinance will not impose any new charge or fee for which businesses will be financially responsible, and that the proposed Ordinance will not impact the City of Miami Beach's regulatory costs and will not generate any revenue from new charges or fees. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: The City of Miami Beach estimates that no businesses are likely to be impacted by the proposed Ordinance. I 4. Additional comments: None. Ordinances - RS Y M IA M I BEACH COMMISSION MEMORA NDUM TO: Honorable Mayor and Members of the City Commission ':::-=--::-:-,----'--::------,----,--,-,------------------------- __j FROM: Rickelle Williams, Interim City Manager DATE: June 26, 2024 TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE MIAMI BEACH CITY CODE, EN T ITL ED "PERSONNEL," BY CREATING ARTICLE IV THEREOF, ENTITLED "UNCLASSIFIED EMPLOYEES' LEAVE," TO CODIFY AS PART OF THE CITY CODE AND AMEND THE CITY'S EMPLOYEES' LEAVE ORDINANCE (NO. 1613) FOR CLARITY AND EASE OF REFERENCE, TO DELETE AND/OR REVISE OUTDATED PROVISIONS, CREATE NEW SECTIONS, AND MAKE SUBSTANTIVE AMENDMENTS AS FOLLOWS: SECTION 78-181, ENTITLED "DEFINITIONS; AMOUNTS OF LEAVE," SECTION 78-182, ENTITLED "SPECIAL PROVISIONS FOR EMPLOYEES ON MILITARY LEAVE," SECTION 78-183, ENTITLED "ACCUMULATION OR FORFEITURE OF ANNUAL LEAVE AND SICK LEAVE," SECTION 78-184, ENTITLED "CONVERSION AND TRANSFER OF ANNUAL LEAVE AND SICK LEAVE," SECTION 78-185, ENTITLED "USE OF ANNUAL LEAVE," SECTION 78-186, ENTITLED "USE OF SICK LEAVE," SECTION 78-187, ENTITLED "CHARGES AGAINST ANNUAL LEAVE AND SICK LEAVE," SECTION 78-188, ENTITLED "TIMING OF VACATION," SECTION 78-189, ENTITLED "PAYMENT FOR ANNUAL AND SICK LEAVE,", SECTION 78-190, ENTITLED "OTHER LEAVES WITH COMPENSATION," SECTION 78-191, ENTITLED "WORKER'S COMPENSATION AND SUPPLEMENT AL INJURY PAY," SECTION 78-192, ENTITLED "USE OF ANNUAL OR SICK LEAVE FOR PURCHASE OF PENSION TIME," SECTION 78-193, ENTITLED "DONATION OF ANNUAL LEAVE AND SICK LEAVE," SECTION 78-194, ENTITLED "PAID PARENT AL LEAVE," SECTION 78-195, ENTITLED "LEAVE SELLBACK," SECTION 78-196, ENTITLED "USE OF SICK LEAVE FOR RETIREE HEALTH SAVINGS ACCOUNT," SECTION 78-197, ENTITLED "CITY MANAGER'S AUTHORITY TO ADOPT ADMINISTRATIVE PROCEDURES AND REGULATIONS", SECTION 78- 198, ENTITLED "DOMESTIC AND SEXUAL VIOLENCE," AND SECTION 78-199, ENTITLED "DONATION OF ANNUAL AND SICK LEAVE FOR HUMANITARIAN DISASTER RELIEF"; REPEAL ORDINANCE NO. 1613 IN ITS ENTIRETY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. -I RECOMMENDATION Click or tap here to en ter text BACKGROUND/HISTORY ANALYSIS F IS C A L IM P A C T S T A T E M E N T D o e s th is O rd in a n c e re q u ire a B u s in e s s Im p a c t E s tim a te ? No (F O R O R D IN A N C E S O N LY ) The Business Im pact Estim ate (BIE) w as published on . See BIE at: https://ww w .m iam ibeachfl.gov/city-hall/city-clerk/m eeting-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Cityw ide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? Is this item related to a G.O. Bond Project? Yes as_this_Agenda Item_initially_requested by a lobbyist which,as defined_in_de Sec._2-481, includes a principal engaged in lobbying? No If so, speci fy the nam e of lobbyist(s) and principal(s): Department H um an Resources Sponsor(s) Mayor Steven Meiner Co-sponsor(s) C O M M IS S IO N M E M O R A N D U M TO: Mayor Steven Meiner and Members of the City Commission FROM: Rickelle Wiliams, Intenm C ity Manager fly] DATE. June 26, 2024 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE MIAMI BEACH CITY CODE, ENTITLED "PERSONNEL, " BY CREA TING ARTICLE IV THEREOF, ENTITLED "UNCLASSIFIED EMPLOYEES' LEAVE," TO CODIFY AS PART OF THE CITY CODE AND AMEND THE CITY'S EMPLOYEES' LEAVE ORDINANCE {NO.1613) FOR CLARITY AND EASE OF REFERENCE, TO DELETE AND/OR REVISE OUTDATED PROVISIONS, CREATE NEW SECTIONS, AND MAKE SUBSTANTIVE AMENDMENTS AS FOLLOWS: SECTION 78-181, ENTITLED "DEFINITIONS; AMOUNTS OF LEAVE," SECTION 78-182, ENTITLED "SPECIAL PROVISIONS FOR EMPLOYEES ON MILITARY LEAVE," SECTION 78-183, ENTITLED "ACCUMULATION OR FORFEITURE OF ANNUAL LEAVE AND SICK LEAVE," SECTION 78-184, ENTITLED "CONVERSION AND TRANSFER OF ANNUAL LEAVE AND SICK LEAVE," SECTION 78-185, ENTITLED "USE OF ANNUAL LEAVE," SECTION 78-186, ENTITLED "USE OF SICK LEAVE," SECTION 78-187, ENTITLED "CHARGES AGAINST ANNUAL LEAVE AND SICK LEAVE," SECTION 78-188, ENTITLED "TIMING OF VACATION," SECTION 78-189, ENTITLED "PAYMENT FOR ANNUAL AND SICK LEAVE,", SECTION 78- 190, ENTITLED "OTHER LEAVES WITH COMPENSATION," SECTION 78- 191, ENTITLED "WORKER'S COMPENSATION AND SUPPLEMENTAL INJURY PAY," SECTION 78-192, ENTITLED "USE OF ANNUAL OR SICK LEAVE FOR PURCHASE OF PENSION TIME," SECTION 78-193, ENTITLED "DONATION OF ANNUAL LEAVE AND SICK LEAVE," SECTION 78-194, ENTITLED "PAID PARENTAL LEAVE," SECTION 78- 195, ENTITLED "LEAVE SELLBACK," SECTION 78-196, ENTITLED "USE OF SICK LEAVE FOR RETIREE HEALTH SAVINGS ACCOUNT," SECTION 78-197, ENTITLED "CITY MANAGER'S AUTHORITY TO ADOPT ADMINISTRATIVE PROCEDURES AND REGULATIONS", SECTION 78- 198, ENTITLED "DOMESTIC AND SEXUAL VIOLENCE," AND SECTION 78-199, ENTITLED "DONATION OF ANNUAL AND SICK LEAVE FOR HUMANITARIAN DISASTER RELIEF"; REPEAL ORDINANCE NO.1613 IN ITS ENTIRETY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. A D M INI S T RA T ION R E C O M M E N D A T IO N The Administration recommends approval of the Ordinance No. 1613. B A C K G R O U N D The City's Unclassified Employees' Leave Ordinance No. 1613 (the "Ordinance") was established to address employee leave benefits that are consistent with applicable federal, state, and local laws, as well as other city-established benefits. The Ordinance was last amended on October 19, 2016. Since then, the Administration has made improvements to the use of leave for City employees that were addressed in each of the five bargaining groups. However, some of the leave benefits afforded to classified employees have not been extended to unclassified employees. This has created inequities that have caused challenges in recruitment and retention across our entire workforce. In order to create parity amongst all groups of employees, this amendment along with a companion classified leave ordinance is also being proposed for clarity and consistency. For instance, in the current Police and Fire collective bargaining agreements there are provisions that employees lose upon promotion to command staff. Command staff includes senior management professionals with significant leadership skills, expertise, and experience. It has been observed in recent years that a number of command staff members have opted to self-demote in order to avail themselves of the benefits outlined in the collective bargaining agreements reflecting an existing disincentive to advancing to senior leadership. Police and Fire bargaining members' leave settlements include accrued sick leave of 100% for Fire and 75% for Police, up to the cap, at the time of separation from the City. Updating this leave provision for the Unclassified group will allow for all employees to receive an equalized benefit upon retirement or separation. Furthermore, Police and Fire bargaining members have an annual sellback provision of accrued sick leave not afforded to other bargaining groups, including unclassified employees. The companion classified leave ordinance will include similar language for a leave sellback provision for clarity and consistency. We believe that these leave ordinance updates for unclassified and classified will provide strong and fair benefits for all employees. With this legislation, the Unclassified Leave Ordinance No. 1613 wi ll be superseded and replaced with the changes listed below, and Article IV of Chapter 78 of the City Code, entitled "Unclassified Employees' Leave" will be codified. Some of the substantive changes proposed in this Unclassified Leave ordinance update are outlined below: A N A L Y S IS Sec . 78 -18 4 . C on v e rsi on an d T ra nsfer of A n n u al Le av e and Sic k L e a v e. Allowing employees to convert their sick hours to annual hours is a new section of this Ordinance. This provision will allow employees to convert, at the time of resignation, retirement. termination or death, or at any other time as may be designated by the City Manager, their sick leave accrued in excess of 360 hours to be transferred at the rate of one (1) day of sick leave to o n e (1 ) d a y o f a n n u a l le a v e fo r v e ste d e m p lo ye e s; sick le a v e a ccru e d in e xce ss of 3 6 0 h o urs m a y b e tra n sfe rr e d to a n n u a l le a v e a t a ra te o f tw o (2 ) d a y s o f sick le a ve to on e (1) da y of a n n u a l le a v e fo r e m p lo ye e s w h o a re no t v e s te d . S ick le a ve m a y be co n ve rt e d in th is m a n ne r to re a c h a m a x im u m o f 6 2 0 h o u rs o f a n n u a l le a ve . Sec . 78-18 9. Pa y m en t for A nn ual and S ick Leave. The proposed update to this section will allow for a 100% sick leave payout instead of 50% to a maximum of 620 hours for employees with more than ten (10) years of creditable service. For employees with ten (10) years of service or less. the maximum is 50% of their sick leave balance up to a maximum of 620 hours. The leave settlement payout for Police and Fire command staff will be consistent with the respective bargaining agreements in place at the time of resignation, retirement. termination. or death of an employee. The payout for Police and Fire command staff will also include base pay plus eligible incentive pay which will memorialize current standard operating procedures. Sec . 78 -19 1. W o rker 's C o m p e n sa tio n and Sup p lem en tal Injury Pay. In the last round of collective bargaining, we negotiated language to reduce the initial period of supplemental injury pay from sixteen (16) weeks to twelve (12) weeks The proposed change will allow for the same benefit to unclassified employees, up to twelve (12) weeks, and consideration for an extension upon the advice of the Senior Risk Officer and approval of the City Manager. This will memorialize existing procedures. Sec . 78 -19 5 . Sick Le av e S ellb ack. The sick leave sellback provision was previously offered to unclassified employees but was suspended during the challenging fiscal years that the City experienced following 2010. Adding this provision to the Unclassified leave ordinance would grant the City Manager the authority, on a discretionary basis, to implement the provision each fiscal year providing full-time unclassified employees the opportunity to sell, no more than one (1) time per year, accrued sick leave, up to a specified amount and while maintaining a minimum balance as established by the City Manager. The City Manager may pause or suspend the sick leave sell-back program under this section, due to availability of funds, budgetary constraints, or for any other reason. The City Manager shall have the authority, at any time, to establish and amend administrative procedures implementing the sick leave sellback program under this section. This extends to other employee groups a similar benefit now available to Police and Fire bargaining members. Sectio n 78 -196. U se of S ick Lea v e fo r R etiree H ealth S avin g s A cco unt. The City Manager shall have the authority to establish a Retiree Health Sangs (RHS") Program for unclassified employees covered in this group, with terms and conditions that govern the use of accrued sick leave to fund individual RHS accounts. This extends to other employee groups a benefit now available to Police and Fire bargaining members. Sec tio n 78 -19 8 . D o m e sti c a nd Sexual V io lence Leave . The newly proposed provision will provide employees with domestic and sexual violence leave up to a maximum of thirty (30) days, in accordance with the Miami-Dade County Domestic Leave Ordinance (Chapter 11A-60 et. seq.) and Section 741.313, Florida Statutes. Employees must use their accrued annual or sick leave during their period of absence. Sec ti on 78 -19 9. D o nate A nn u al and S ick Leave for H u m anitarian D isaster Relief. Per section 78-3, City employees are authorized to donate annual and sick leave for humanitarian disaster relief while maintaining at least 260 combined hours of annual and sick leave after any donation. FISCAL IMPACT The fiscal impacts of the sick leave sellback provision (Section 78-195) and the use of sick leave for retiree health savings account provision (Section 78-196) would be calculated upon the creation of an administrative procedure. Funds for these programs would be appropriated through the City's annual budget process. The fiscal impact of this ordinance change varies by fund type, due to differing accounting rules for proprietary and governmental funds. Because the full liability of accruals must be recorded in proprietary funds, whether or not employees are scheduled to separate from the city, the fiscal impact is immediate and is estimated to be $797,374 for enterprise funds and $242,848 for internal service funds, for a total estimated impact of $1,040,222 Following this one-time adjustment to the value of the accrued sick leave liability, any incremental liability would be modified quarterly in these funds, as has been performed previously. Alternatively, the fiscal impact of governmental funds is measured on a modified basis and fluctuates based on the number of employees separating from the City. To provide a basis for the impact on governmental funds, an estimate can be projected based on prior history of sick leave payouts adjusted for estimated increased accrued liabilities. While the number of employees who leave each year may fluctuate, the 4-year average for sick leave payouts for governmental funds employees approximates $461,581. Assuming a similar number of people were to leave, the increased value of sick leave payouts calculated across all employee groups in governmental funds is estimated to be $512,355 reflecting an increased payout of $50,774 for governmental funds. CONCLUSION The City Administration recommends that the City Commission approve the proposed amendments to the Ordinance on first reading and schedule a second reading and public hearing to amend the Unclassified Leave Ordinance to promote recruitment and retention, reduce the occurrence of self-demotions amongst command staff, provide equity in leave value amongst unclassified and classified employees, and to codify the ordinance consistent with existing procedures and remove obsolete language. Upon approval, the proposed changes will take effect immediately. O R D IN A N C E N O . _ A N O R D IN A N C E O F T H E M A Y O R A N D C ITY C O M M IS S IO N O F T H E C IT Y O F MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE MIAMI BEACH CITY CODE, ENTITLED "PERSONNEL," BY CREATING ARTICLE IV THEREOF, ENTITLED "UNCLASSIFIED EMPLOYEES' LEAVE," TO CODIFY AS PART OF THE CITY CODE AND AMEND THE CITY'S EMPLOYEES' LEAVE ORDINANCE (NO. 1613) FOR CLARITY AND EASE OF REFERENCE, TO DELETE AND/OR REVISE OUTDATED PROVISIONS, CREATE NEW SECTIONS, AND MAKE SUBSTANTIVE AMENDMENTS AS FOLLOWS: SECTION 78-181, ENTITLED "DEFINITIONS; AMOUNTS OF LEAVE," SECTION 78-182, ENTITLED "SPECIAL PROVISIONS FOR EMPLOYEES ON MILITARY LEAVE," SECTION 78-183, ENTITLED "ACCUMULATION OR FORFEITURE OF ANNUAL LEAVE AND SICK LEAVE," SECTION 78-184, ENTITLED "CONVERSION AND TRANSFER OF ANNUAL LEAVE AND SICK LEAVE," SECTION 78-185, ENTITLED "USE OF ANNUAL LEAVE," SECTION 78-186, ENTITLED "USE OF SICK LEAVE," SECTION 78-187, ENTITLED "CHARGES AGAINST ANNUAL LEAVE AND SICK LEAVE," SECTION 78-188, ENTITLED "TIMING OF VACATION," SECTION 78-189, ENTITLED "PAYMENT FOR ANNUAL AND SICK LEAVE,", SECTION 78-190, ENTITLED "OTHER LEAVES WITH COMPENSATION," SECTION 78-191, ENTITLED "WORKER'S COMPENSATION AND SUPPLEMENTAL INJURY PAY," SECTION 78-192, ENTITLED "USE OF ANNUAL OR SICK LEAVE FOR PURCHASE OF PENSION TIME," SECTION 78-193, ENTITLED "DONATION OF ANNUAL LEAVE AND SICK LEAVE," SECTION 78-194, ENTITLED "PAID PARENTAL LEAVE," SECTION 78-195, ENTITLED "LEAVE SELLBACK," SECTION 78-196, ENTITLED "USE OF SICK LEAVE FOR RETIREE HEALTH SAVINGS ACCOUNT," SECTION 78-197, ENTITLED "CITY MANAGER'S AUTHORITY TO ADOPT ADMINISTRATIVE PROCEDURES AND REGULATIONS", SECTION 78-198, ENTITLED "DOMESTIC AND SEXUAL VIOLENCE," AND SECTION 78-199, ENTITLED "DONATION OF ANNUAL AND SICK LEAVE FOR HUMANITARIAN DISASTER RELIEF"; REPEAL ORDINANCE NO. 1613 IN ITS ENTIRETY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach's Unclassified Employees' Leave Ordinance No. 1613 (the "Ordinance") was last amended on October 19, 2016; and WHEREAS, however, some of the leave benefits afforded to classified employees have not been extended to unclassified employees, creating inequities that have caused challenges in recruitment and retention across the City's entire workforce; and WHEREAS, in order to create parity amongst all groups of employees, this proposed Ordinance along with a companion classified leave Ordinance is being proposed for parity, clarity, and consistency; and WHEREAS, the Mayor and City Commission wish to codify the Ordinance in Chapter 78 of the Miami Beach City Code; and WHEREAS, Unclassified Leave Ordinance No. 1613 is hereby superseded and replaced by Article IV of Chapter 78 of the Miami Beach City Code, entitled "Unclassified Employees' L e a v e ." NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Ordinance No. 1613 is hereby repealed in its entirety. SECTION 2. Article IV of Chapter 78, entitled "Unclassified Employees' Leave" is hereby created as follows: CHAPTER 78. PERSONNEL tr # # ARTICLE IV. UNCLASSIFIED EMPLOYEES' LEAVE Sec_78.181_Definitions;amounts of leaye. (a) [he following words,_ terms and phrases, when used in_this division, shall haye the meanings ascribed to them in this section. except where the context clearly indicates a different meaning: 1. "Unclassified employees" shall mean all persons appointed to an unclassified position as enumerated in the compensation plan for the offices and positions in the unclassified service. All references to "employees" in this article shall refer to unclassified employees 2. "Immediate family member'' shall mean spouse, including registered domestic partner. mother, father. sister, brother, grandmother, grandfather, mother-in-law, father-in-law. sister-in-law_ and brother-in-law. 3. "Immediate family' shall_include a member of a registered domestic partnership as that term is defined in the city's domestic partnership ordinance. 4. "City Manager" shall mean the City Manager or the City Manager's designee. (b) ln general. 1. Annual leave and sick leave shall be granted in hours on a pay period basis. Leave shall be reduced proportionally by any part of the pay period that such employee was absent without compensation. Service time in determining the number of hours to be granted shall include all time spent as an employee in the classified or unclassified service regardless of status for which_compensation_has been paid, provided, however,_that_in_the event an employee, absent from his/her duties because of service-connected injury for which worker's compensation is payable, is certified by a city authorized treating or examining physician to be physically able to return to his/her duties. and fails to do so, the period between such certification and the employee's actual return to his/her duties shall not be deemed to be service time within the meaning of this paragraph. 2. Less than ten years of service. Employees with less than ten years of service shall be granted 96 hours of annual leave and 96 hours of sick leave. prorated biweekly, each year. A year. for purposes of this chapter, is defined to mean from the first through the last pay 2 period of each calendar year. No annual or sick leave may be used during the first six months of employment unless for an emergency for which leave may be authorized with no pay to the employee. Any time used during the first six months of employment will extend the employee's probationary period on a day-per-day basis. 3. More than ten but less than2Q years of service. Employees with more than ten but less than 20 years of service shall be granted 136 hours of annual leave and 96 hours of sick leave. prorated biweekly, per year upon completion of ten years of employment. 4. More than 20 years of service. Employees with more than 20 years of service shall be granted 176 hours of annual leave per year and 96 hours of sick leave. prorated biweekly, per year upon completion of 20 years of employment. Sec. 78-182. Special provisions for employees on military leave. All employees shall be entitled to military leave of absence from their respective duties in accordance with the provisions of, and subject to the condi tion s set forth_in, Chapter 115,_Florida Statues and USERRA . Unclassified employees who serve in the Arm ed Forces with military leave of absence from the city and who return to active employment with the city in accordance with the terms of the military leave of absence shall, upon such return to employment with the city. be granted leave in the same amount as if they had been working for the city. Upon return to active employment with the city, the employee shall be paid in cash for the vacation they would have been entitled to had they not been called into military serv ice. Such payment will be at the rate of pay rece ived upon return to employm ent with the city and such vacation pay shall be charged against the adjusted annual leave credit. Sec. 78-183. Accumulation or forfeiture of annual leave and sick leave. At the end of each payroll year. all employees will be allowed no more than 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. Employees shall be permitted to carry vacation hours over the 500-hour cap until March 31st of the following year. A request to further extend the excess hours may be approved by the department director and the Human Resources director. Sec. 78-184. Conversion and Transfer of annual leave and sick leave. (a) At the time of resignation. retirement. termination or death, or at any other time as may be designated by the City Manager. sick leave accrued in exce ss of 360 hours may be transferred to annual leave at the rate of one (1)day of sick leave to one (1)day of annual leave for vested employees: sick leave accrued in exce ss of 360 hours may be transferred to annual leave at the rate of two (2) days of sick leave to one (1) day of annual leave for employees who are not vested. Sick leave may be converted in this manner to reach a maximum of 620 hours of annual leave. (bl Employees may donate accrued annual or sick leave to designated employees whenever extraordinary circumstances require the designated employee to be absent from work due to an extended, non-work-related illness or injury, that is of a life-threatening nature and wh en the designated employee has exhausted all earned leave. The Sick Leave Committee will evaluate and initiate all approved requests for leave donations in accordance with Section 78- 193 and the Administration Procedure. 3 Sec. 78-185. Use of annual leave. Vacation time will be charged to an employee's annual leave time. Employee sick leave absences can be charged to annual leave time if all sick leave time has been exhausted. Sec. 78-186. Use of sick leave. (a) Sick leave shall be used for absences because of sickness or injury, not service connected, for absences due to death or illness in the immediate family, and for religious holidays. (b) Religious holidays will be charged to sick leave. Payment of leave for religious holidays shall be limited to high religious holidays, not otherwise provided for. and may not exceed three in any calendar year. (c) Unclassified employees shall be required to report absences from duty, not previously arranged, to their 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. Sec. 78-187. Charges against annual leave and sick leave. (a) Charges shall be made against the employee's annual leave or sick leave credits for a minimum of six minutes that the employee is absent for sickness or injury, not service- connected, or because of the death or serious illness of a member of the employee's immediate family, for religious holidays, and for vacation. (b) It shall be the duty of the immediate superior in recommending payment of annual leave or sick leave. to consider the normal days off duty of the employee concerned and to report for use of sick leave or annual leave only that time that the employee is normally required to work. It shall be considered that all employees work a 40-hour week. (c) Holidays. When holidays, designated as such by the city commission, fall within periods of sick leave or vacation with pay, no charge shall be made against the employee's leave credits for the holiday. Se 78-188__ Timing of vacation. Vacations shall be granted at a time suitable to the immediate superior and convenient to the employee's work schedule as far as practicable. Sec. 78-189. Payment for annual and sick leave. (a) Retirement or death. Any earned balance of annual leave and sick leave of an employee who dies while an employee of the city, or who retires under the terms of any city pension plan, shall be paid to the beneficiary or employee respectively at the rate of compensation received by such employee at the time of his/her death or retirement. (b) Resignation or removal: 4 (1)An y earn e d ba la nce of an n ual leave and sick leave of an em ployee w ho is rem oved or w ho resig ns in goo d standin g shall be paid to such em ployee at the rate of com pensation received by such em p lo yee at the tim e of his/her rem oval or his/her resignation in good sta nd ing , pro vide d tha t such paym ent shall not be m ade until such tim e as the resigned or rem o ved em p loye e, if they have regular civil serv ice status in any classification, shall fo rf eit their rig ht to re-e m p lo ym ent either by tim e lim itation or by w ritten forfeiture of all civil se rv ice rig hts. (2)Any em p l o yee w ho shall involuntarily be deprived of their em ploym ent w ith the C ity of M ia m i Be a ch, due to transfer of a function of their depart m ent to M iam i-D ade C ounty, or to any ag e n cy of the S tate of Florida, or other loca l govern m ent ("new em ployer"), shall be entitle d to an option period of 30 days during w hich tim e they m ay elect to transfer to the ne w em ployer (su b ject to the new em ployer's approval) any part or the entire portion of th eir ea rn e d annu a l le a ve and sick leave balance w ithout fo rf eiture of reem ploym ent rig hts provid e d und er civil serv ice rules of the C ity of M iam i Beach. H ow ever, if the em p lo yee ele cts to both transfer a portion of their earn ed annual and sick leave and re ce ive paym ent fo r the balance fr om the C ity of M iam i Beach, the com bined m axim um fo r transfer a nd paym ent fo r annual leave shall be up to the C ity 's applicable annual cap, and the co m b ined m a xim um for transfer and paym ent fo r sick leave shall be up to the C ity's ap plicable ann u a l ca p. (c) M a xi m um paym en ts _ y p on resign ation ,__retirem ent, termi na tion , or death of an em pl oyee,_th e m a xim u m ann ual leave for w h ich an em ployee or his/her beneficiary m ay be paid is 620 hours. T he m a xim um sick leave pa yo ut fo r em ployees w ith m ore than ten (10 ) years of creditable se rv ice w ill be 62 0 hours. T he m axim um sick leave fo r an em ployee or his/her beneficiary aft e r the ir proba tio na ry perio d through ten (10 ) years of creditable serv ice. is one-half of the em p lo yee's acc u m u lated sick leave balance. up to a m axim um of 620 hours. For P olice and Fire co m m a nd staff , the m a xim um leave payout for sick leave w ill be consistent w ith the respe ctive bargain ing ag reem e nts in place at the tim e of resignation. retirem ent, term ination, or de ath of an em p lo yee. (d] C o m p ut at ion of annual and sick leave paym ents: (1) Wh e n a se tt le m e nt is m a de in accordance w ith sub s ection (b )(1) of this section, for annual le a ve upo n re sig nation , retirem ent, or death of an em ployee. paym ent shall be m ade upon the ba sis of the em plo yee's hourly base rate of pay fo r each hour of annual and sick leave cred ited to his/h e r acco un t. (2) when an em plo yee uses annual leave or sick leave. paym ent shall be m ade on the basis of the em p loyee's hou rly base rate of pay fo r each hour charged against their annual or sick leave account. (3) Eor police an d fire co m m and staff w hose job classifications include extended w ages, the le a ve sett lem ent payo ut w ill include the em ployee's base pay plus eligible incentive pay. (e ) R e pa ym ents of O verpaym ents. A ccrued leave m ay be used to repay payroll overpaym ents or an y re asona b le business tran saction, w hich is approved by the C ity M anager gr design ee. Sec. 78-190. Othe r leaves w ith com pensation. 5 (a ) O th e r le a v e s o f a b s e n c e w ith p a y m a y b e g ra n te d b y th e c ity m a n a g e r in a d d iti o n to re g u la rly a ll o w e d le a v e w h e n it is re c o m m e n d e d b y th e im m e d ia te s u p e rio r fo r th e p u rp o s e o f p ro m o tin g e ffi c ie n c y o r o th e r g o o d c a u s e s . (b ) B e re a v e m e n t L e a v e . A ll e m p lo y e e s w ill b e e n title d to u s e b e re a v e m e n t le a v e a s e s ta b lis h e d b y c ityw id e p ro c e d u re . E m p lo y e e s m a y b e a ll o w e d to u s e u p to fi v e (5 ) d a y s o f b e re a v e m e n t le a v e w ith p a y in th e e v e n t o f th e d e a th o f a n im m e d ia te fa m ily m e m b e r. U p to tw o (2 ) d a ys s h a ll b e a ll o w e d fo r th e d e a th o f a n y o th e r re la tiv e n o t lis te d a s a n im m e d ia te fa m ily m e m b e r. A n n u a l o r s ic k le a v e m a y b e u s e d if th e e m p lo y e e n e e d s a d d itio n a l tim e o ff . A ll B e re a v e m e n t le a v e is to b e ta k e n o n c o n s e c u tiv e w o rk d a y s a n d m u s t s ta rt n o la te r th a n fi v e (5 ) d a y s a ft e r th e d e a th o c c u rs . (c ) Jury Duty Leave. Employees who are summoned to jury duty by a court of competent jurisdiction will be granted time off with pay. Proofoftime served on jury duty shall be required. (d) Administrative Leave. Employees may be granted administrative leave with pay for the following purposes: (1 Appearance in court as a witness on behalf of the city, with or without a subpoena. Court appearances or subpoenas received by the employee other than on behalf of the City, are not eligible for administrative leave. (2) Any reason that the City Manager may deem appropriate to grant administrative leave, or that is recommended by Department Directors and approved by the City Manager. Sec. 78-191. Worker's Compensation and Supplemental Injury Pay. (a) The City's designated third-party administrator (hereinafter referred to as "TPA") of the Worker's Compensation benefit shall determine whether an employee is entitled to receive worker's compensation benefits in accordance with the Worker's Compensation Law of the State of Florida, rules and regulations promulgated thereunder, and such other applicable statutes and case law. Benefits shall be paid to an employee only after a determination of entitlement to benefits has been made. Such determination of the TPA is not intended to abrogate an employee's rights under the laws governing worker's compensation in the State of Florida. b) An employee who is absent from duty because of injury which is the direct result of his/her city duties and who has been determined to be entitled to worker's compensation benefits in accordance with the foregoing subsection (a) of this section, upon certification of the city physician and subject to the approval of the city manager, shall be entitled to receive supplemental injury pay for a twelve-week period. The initial period of entitlement shall commence with the first absence from duty as a result of the injury and shall continue during the period the employee remains absent from duty as a result of the injury, not to exceed twelye (12) weeks_ If the injured employee is still in a "no-work" status at the end of the 12- week period, after the advice and comments of the Senior Risk Officer and the City Manager, at their sole discretion, may extend the above supplemental pay beyond the twelve (12) weeks. (C)Af ter an employee exhausts his/her benefits under this article and is receiving workers· compensation checks, the City shall access the employee's leave accruals to make the employee whole. Deductions for such benefits such as health and dental insurance coverage and pension contributions will be made from the value of the accrued leave. Once an 6 e m p lo y e e ru n s o u t o f le a v e a cc ru a ls a n d is s till u n a b le to re tu rn to w o rk , th e e m p lo y e e h a s a n a ffi rm a tiv e re s p o n s ib ility to c o n ta c t th e H u m a n R e s o u rc e s D e p a rt m e n t, fo r fu rt h e r g u id a n c e . S ec. 78-192. Use of annual or sick leave fo r purchase of pension tim e. Any accrued annual leave and sick leave exceeding a total combined amount of 96 hours may, at the request of an employee, be used for the buying back of pension time creditable service which the employee is entitled to buy if budgeted and approved by the City Commission. Computation of the number of hours needed to purchase back pension time will be made on the basis of the employee's rate of pay as of the date he/she elects to make such transfer. In such cases, the Human Resources Department will reduce the employee's balance of earned annual leave and sick leave by the number of hours required to equal the pension system contribution and will cause the amount of money to be transferred from the reserve for annual leave settlements to the pension system employee contributions fund. S ec. 78-193. D on a ti on of ann ual leave and sick leave. (a) Sick Leave Bank. The Sick Leave Bank has been established for employees who wish to participate in the donation and distribution of leave following a serious personal or family illness or injury, once they have exhausted all appropriate leave available. Employees who are not members of the Sick Leave Bank may be able to receive donated time outside of the Sick Leave Bank as a one-time hardship. (b) Donation of annual leave and sick leave on the death of a co-worker. In those instances where an employee dies while in the employ of the city, other city employees may donate a portion of their annual or sick leave to that employee's dependent and/or beneficiary. S ec. 78-194. Paid Parental Leave. Paid Parental Leave, in an amount approved by the City Manager or designee, is established to support employees by allowing flexibility and time to bond with their new child, adjust to their new family situation, and balance their professional obligations. The leave shall occur concurrently with, count against, and not be added to periods of unpaid or job-protected leave for which the employee may also be eligible, including the Family and Medical Leave Act ("FMLA"), and/or any other unpaid leave offered by the City due to childbirth, adoption, or foster care placement. S ec. 78-195. Sick Leave Sellback. Each fiscal year, the City Manager may grant to full-time unclassified employees the opportunity to sell, no more than one time per year, accrued sick leave, up to a specified amount while maintaining a minimum balance as established by the City Manager. The City Manager may, in their sole discretion, pause or suspend the sick leave sellback program under this section, due to availability of funds, budgetary constraints, or for any other reason. The City Manager or their desiqnee shall have the authority, at any time, to establish and amend administrative procedures implementing the sick leave sellback program under this section. S ectio n 78-196. Use of Sick Leave fo r Retiree H ealth Savings Account. The City Manager shall have the authority to establish a Retiree Health Savings ("RHS") Program for Unclassified employees covered in this group, with terms and conditions that govern the use of accrued sick leave to fund individual RHS accounts. 7 S ec. 78-197. C ity M anager's A utho rity to A do pt A dm inistr ative P ro cedure s and R eg ulatio ns. The City Manager or designee shall have the authority to establish and, from time to time. amend administrative procedures and regulations to implement the provisions of this article. Sec. 78-198. Domestic and Sexual Violence Leave. The city will provide employees with domestic and sexual violence leave up to a maximum of thirty (30) days. in accordance with the Miami-Dade County Domestic Leave Ordinance (Chapter 11A4-60 et. seq.) and Section 741.313. Florida Statutes. Employees must use their accrued annual or sick leave during their period of absence. Sec. 78-199. Donate Annual and Sick Leave for Humanitarian Disaster Relief. Per section 78-3, City employees are authorized to donate annual and sick leave for humanitarian disaster relief while maintaining at least 260 combined hours of annual and sick leave after any donation. SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. SEVERABILITY. If any section, subsection, clause, or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect 10 days following the adoption. Once the Ordinance takes effect. the provisions of this Ordinance shall apply upon adoption. PASSED and ADOPTED this_ day of2024. ATTEST: Rafael E. Granado, City Clerk (Sponsored by Mayor Steven Meiner) Steven Meiner, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 8 City Attorney~