Ordinance 2024-4639 ORDINANCE NO. 2® 2 4 4 6 3 9
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 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DELETE AND/OR REVISE OUTDATED PROVISIONS, CREATE NEW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 has never been codified in
the Miami Beach City Code; 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WHEREAS, Unclassified Leave Ordinance No. 1613 is hereby superseded and replaced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'
Leave."
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
* * *
ARTICLE IV. UNCLASSIFIED EMPLOYEES' LEAVE
Sec. 78-181. Definitions; amounts of leave.
The following words, terms and phrases, when used in this division, shall have 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,
children, stepchildren, adopted children, mother, father, sister, brother, stepsister,
stepbrother, grandmother, grandfather, grandchildren, mother-in-law,father-in-law, sister-
in-law, brother-in-law, and any person in the general family whose ties would normally be
considered immediate family and who is living with the same household (proof may be
required)..
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.
In 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, is 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
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 than 20 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.
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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 conditions set forth in, Chapter 115, Florida
Statues and USERRA. Unclassified employees who serve in the Armed 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 service. Such payment will be at the rate of
pay received upon return to employment 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 31 st 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 excess of 360 hours may be transferred
to annual leave at the rate of one(1)da of sick leave to one(1 da of annual leave for IparNted
employees with more than ten (10) years of creditable service. sick leave accrued in excess
of 360 hours may be transferred to annual leave at the rate of two (2) da s of sick leave to
one(1)day of annual leave for employees A414e=afe=net=vested with ten (10)years or less. Sick
leave may be converted in this manner to reach a maximum of 620 hours of annual leave.
(b) 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 when
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.
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.
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(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.
Sec. 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.
101 Resignation or removal:
(1) Any earned balance of annual leave and sick leave of an employee who is removed or
who resigns in good standing shall be paid to such employee at the rate of compensation
received by such employee at the time of his/her removal or his/her resignation in good
standing, provided that such payment shall not be made until such time as the resigned
or removed employee, if they have regular civil service status in any classification, shall
forfeit their right to re-employment either by time limitation or by written forfeiture of all civil
service rights.
(2)Any employee who shall involuntarily be deprived of their employment with the City of
Miami Beach, due to transfer of a function of their department to Miami-Dade County, or
to any agency of the State of Florida, or other local government ("new employer"), shall
be entitled to an option period of 30 days during which time they may elect to transfer to
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the new employer(subject to the new employer's approval) any part or the entire portion
of their earned annual leave and sick leave balance without forfeiture of reemployment
rights provided under civil service rules of the City of Miami Beach. However, if the
employee elects to both transfer a portion of their earned annual and sick leave and
receive payment for the balance from the City of Miami Beach, the combined maximum
for transfer and payment for annual leave shall be up to the City's applicable annual cap,
and the combined maximum for transfer and payment for sick leave shall be up to the
City's applicable annual cap.
Maximum payments: Upon resignation, retirement, termination, or death of an employee, the
maximum annual leave for which an employee or his/her beneficiary may be paid is 620 hours.
The maximum sick leave payout for employees with more than ten (10) years of creditable
service will be 620 hours. The maximum sick leave for an employee or his/her beneficiary
after their probationary period through ten (10) years of creditable service, is one-half of the
employee's accumulated sick leave balance, up to a maximum of 620 hours. For Police and
Fire command staff, the maximum leave payout for sick leave will be consistent with the
respective bargaining agreements in place at the time of resignation, retirement, termination,
or death of an employee.
Computation of annual and sick leave payments:
When a settlement is made in accordance with subsection (b)(1)of this section,for annual
leave upon resignation, retirement, or death of an employee, payment shall be made upon
the basis of the employee's hourly base rate of pay for each hour of annual and sick leave
credited to his/her account.
When an employee uses annual leave or sick leave, payment shall be made on the basis
of the employee's hourly base rate of pay for each hour charged against their annual or
sick leave account.
For police and fire command staff whose job classifications include extended wages, the
leave settlement payout will include the employee's base pay plus eligible incentive pay.
(e) Repayments of Overpayments.Accrued leave may be used to repay payroll overpayments or
any reasonable business transaction, which is approved by the City Manager or designee.
Sec. 78-190. Other leaves with compensation.
(a) Other leaves of absence with pay may be granted by the city manager in addition to regularly
allowed leave when it is recommended by the immediate superior for the purpose of promoting
efficiency or other good causes.
(b) Bereavement Leave. All employees will be entitled to use bereavement leave as established
by citywide procedure. Employees may be allowed to use up to five (5) days of bereavement
leave with pay in the event of the death of an immediate family member. Up to two (2) days
shall be allowed for the death of any other relative not listed as an immediate family member.
Annual or sick leave may be used if the employee needs additional time off.All Bereavement
leave is to be taken on e044SeralEltiktO no later than five463 180 days
after the death of the family member occurs.
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(c) Jury Duty Leave. Employees who are summoned to jury duty by a court of competent
jurisdiction will be granted time off with pay. Proof of time served on fury duty shall be required.
(d) Administrative Leave. Employees may be granted administrative leave with pay for the
following purposes:
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.
21 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
twelve (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) After 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
employee runs out of leave accruals and is still unable to return to work,the employee has an
affirmative responsibility to contact the Human Resources Department, for further guidance.
Sec. 78-192. Use of annual or sick leave for purchase of pension time.
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.
6
Sec. 78-193. Donation of annual leave and sick leave.
Lal 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.
1111, 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.
Sec. 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 lob-protected leave for which the employee
may also be eligible, including the Family and Medical Leave Act("FM LA"), and/or any other unpaid
leave offered by the City due to childbirth, adoption, or foster care placement.
Sec. 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
designee shall have the authority, at any time, to establish and amend administrative procedures
implementing the sick leave sellback program under this section.
Section 78-196. Use of Sick Leave for Retiree Health 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.
Sec. 78-197. City Manager's Authority to Adopt Administrative Procedures and
Regulations.
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
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. 78-199. Donate Annual and Sick Leave for Humanitarian Disaster Relief.
7
•
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 ay day of 7 / , 2024.
ATTEST:
AUG 2 7 2024
even Meiner, Mayor
Rafael E. ranado, City Clerk
sqy
(Sponsored by Mayor Steven Meiner) = � cy'';
IN(ORP ORATED
Underline denotes First Reading additions , .40.;
t-Fi eth-r-, ug-1 denotes First Reading deletions ','�R•. •n��=
Double Underscore denotes deletions for Second Reading
Doublc Strikcthrough denotes additions for Second Reading
APPROVED AS YO
FORM&LANGUAGE
&FOR EXECUTION
Gcr Ahwn„y Osty
vy
8
Ordinances -R5 Q •
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and,Members of the City Commission
FROM: Rickelle Williams, Interim City Manager
DATE: July 24, 2024 2:25 p.m. Second Reading Public Hearing
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, 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.
RECOMMENDATION
See memorandum attached.
BACKGROUND/HISTORY
ANALYSIS
Page 1024 of 1750
FISCAL IMPACT STATEMENT
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on 7/5/2024. See BIE at:
https://www.miamibeachfl.ciov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
. CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Proiect?
Yes
•
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so,specify the name of lobbyist(s) and principal(s):
Department
Human Resources
Sponsor(s)
Mayor Steven Meiner
Co-sponsor(s)
Page 1025 of 1750
Docusign Envelope ID:050F12A5-2556-4BBD-A645-B86CB306CD1A
COMMISSION MEMORANDUM
Second Reading
TO: Mayor Steven Meiner and Members of t fttlitimissioners
FROM: (Maims
O Rickelle Williams, Interim City Manager '.DCA778723FE7451
DATE: July 24, 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 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.
Page 1026 of 1750
Docusign Envelope ID:050F12A5-2556-4B8D-A645-B86CB306CD1A
•
ADMINISTRATION RECOMMENDATION
The Administration recommends approval of Ordinance No. 1613 on second reading.
BACKGROUND
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. To create parity amongst all groups of employees, this amended
ordinance 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. Some
prospective police and fire staff decline promotions in order to maintain several higher benefits
under their collective bargaining agreements. Furthermore,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 respective caps, 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 will 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:
ANALYSIS
Sec. 78-184. Conversion and Transfer of Annual Leave and Sick Leave.
Allowing employees to convert their sick hours to annual hours is a new provision of this
Ordinance. This provision will allow employees to convert, at the time of resignation, retirement,.
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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
one (1) day of annual leave for employees with more than ten (10) years of creditable service;
sick leave accrued in excess of 360 hours may be transferred to annual leave at a rate of two (2)
days of sick leave to one (1)day of annual leave for employees with ten (10)years or less. Sick
leave may be converted in this manner to reach a maximum of 620 hours of annual leave. In the
second reading, this Ordinance language has been clarified to be consistent with the years of
creditable service provision in Section 78-189.
Sec. 78-189. Payment for Annual and Sick 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. 78-191.Worker's Compensation and Supplemental 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. 78-192. Use of annual or sick leave for purchase of pension time.
This provision has existed in the ordinance since 1970, but was restricted in 2013 as part of a
pension reform analysis. Employees are not currently allowed to use their accrued annual or
sick leave to purchase pension time. (IAFF and FOP members currently may exercise a limited
buyback of military service years under their bargaining agreement.)
•
Additional windows for buyback may only be enacted as a part of a budget enhancement and
approval by the City Commission.
Sec. 78-195. Sick Leave Sellback.
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
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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.
Section 78-196. Use of Sick Leave for Retiree Health 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. This extends to other employee groups a
benefit now available to Police and Fire bargaining members.
Section 78-198. Domestic and Sexual Violence 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.
Section 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.
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.
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CONCLUSION
The proposed changes to this Ordinance were approved by the City Commission at the June 26,
2024, Commission Meeting. The City Administration recommends that the City Commission
approve the proposed amendments to the Ordinance on second reading. Upon approval, the
proposed changes will take effect immediately.
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