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~