Ordinance 2024-4640 ORDINANCE NO. 2 0 2 4 - 4640
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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 V
THEREOF, ENTITLED "CLASSIFIED EMPLOYEES' LEAVE," TO CODIFY AS
PART OF THE CITY CODE AND AMEND THE CITY'S EMPLOYEES' LEAVE
ORDINANCE (NO. 1335) FOR CLARITY AND EASE OF REFERENCE, TO
DELETE AND/OR REVISE OUTDATED PROVISIONS, CREATE NEW
SECTIONS, AND TO MAKE SUBSTANTIVE AMENDMENTS AS FOLLOWS:
SECTION. 78-282, ENTITLED "DEFINITIONS; AMOUNTS OF LEAVE,"
SECTION 78-283, ENTITLED "PROBATIONARY EMPLOYEES," SECTION 78-
284, ENTITLED "PROVISIONAL EMPLOYEES," SECTION 78-285, ENTITLED
"SPECIAL PROVISIONS FOR EMPLOYEES ON MILITARY LEAVE," SECTION
78-286, ENTITLED "ACCUMULATION OR FORFEITURE OF ANNUAL LEAVE
AND SICK LEAVE," SECTION 78-287, ENTITLED "TRANSFER OF SICK
LEAVE TO ANNUAL LEAVE,"SECTION 78-288, ENTITLED"USE OF ANNUAL
LEAVE," SECTION 78-289, ENTITLED "USE OF SICK LEAVE," SECTION 78-
290, ENTITLED "CHARGES AGAINST ANNUAL LEAVE AND SICK LEAVE,"
SECTION 78-291, ENTITLED "TIMING OF VACATIONS," SECTION 78-292,
ENTITLED "PAYMENT FOR ANNUAL LEAVE," SECTION 78-293, ENTITLED
"OTHER LEAVES WITH COMPENSATION," SECTION 78-294, ENTITLED
"WORKER'S COMPENSATION AND SUPPLEMENTAL INJURY PAY,"
SECTION 78-295, ENTITLED "USE OF ANNUAL LEAVE FOR PURCHASE OF
PENSION TIME," SECTION 78-296, ENTITLED "DONATION OF ANNUAL
LEAVE AND SICK LEAVE," SECTION 78-297, ENTITLED "PAID PARENTAL
LEAVE," SECTION 78-298, ENTITLED "LEAVE SELLBACK," SECTION 78-
299, ENTITLED "USE OF SICK LEAVE FOR RETIREE HEALTH SAVINGS
ACCOUNT," SECTION 78-300, ENTITLED "MANAGER'S AUTHORITY TO
ADOPT ADMINISTRATIVE PROCEDURES AND REGULATIONS," SECTION
78-301, ENTITLED "DOMESTIC AND SEXUAL VIOLENCE LEAVE," AND
SECTION 78-302, ENTITLED "DONATE ANNUAL AND SICK LEAVE FOR
HUMANITARIAN DISASTER RELIEF, AND SECTION 78-303, ENTITLED
"COLLECTIVE BARGAINING CONTINGENCY,"; REPEAL ORDINANCE 1335
IN ITS ENTIRETY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach's Classified Employees' Leave Ordinance No. 1335
(the"Ordinance")was last amended on September 10, 2010; and
WHEREAS, the Mayor and City Commission wish to codify the Ordinance in Chapter 78
of the Miami Beach City Code; and
WHEREAS, Classified Employees' Leave Ordinance No. 1335 is hereby superseded and
replaced by Article V of Chapter 78 of the City Code, entitled "Classified 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. 1335 is hereby repealed in its entirety.
SECTION 2.Article V of Chapter 78, entitled "Classified Employees' Leave" is hereby
created as follows:
CHAPTER 78. PERSONNEL
* * *
ARTICLE V. CLASSIFIED EMPLOYEES' LEAVE
Sec. 78-282. Definitions; amounts of leave.
Lal 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. "Classified employees"shall include all employees covered in the following groups: Group
I represented by the American Federation of State, County and Municipal Employees
("AFSCME") Local 1554; Group II represented by the Fraternal Order of Police ("FOP"),
William Nichols Lodge No. 8; Group III represented by the International Association of
Firefighters ("IAFF"), Local 1510; Group IV represented by the Communications Workers
of America ("CWA"), Local 3178; Group V represented by the Government Supervisors
Association of Florida ("GSAF"), OPEIU, Local 100; and Group VII compromising of
classifications in the classified service not covered by a bargaining unit (commonly
referred to as"Others"). Group VI employees are known as"Unclassified"employees and
are not included within the definition of Classified employee. All references to"employees"
in this article shall refer to Classified 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 the members 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) 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 iniury 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.
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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.
For purposes of this chapter, a year 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 at which leave may be authorized with
no pay to the employee. Anytime 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.
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. 78-283. Probationary employees.
Upon satisfactory completion of an original probationary period and appointment to regular status,
eight hours' annual leave and eight hours' sick leave will be granted for each month served as a
probationary employee.
Sec. 78-284. Provisional employees.
Persons employed on a provisional basis shall not receive annual leave or sick leave. However,
employees who earned annual and sick leave time as unclassified employees and immediately
following such are appointed to probationary or provisional status in the classified service are
permitted to use their accrued time during their probationary or provisional status.
Sec. 78-285. 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
Statutes and USERRA. Employees holding regular status 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 he
would have been entitled to had he 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 adjusted annual leave credit.
Sec. 78-286. 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.
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Sec. 78-287. Conversion and Transfer of sick leave to annual 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) day of sick leave to one(1) day of annual
leave for vested 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)
days of sick leave to one (1) day of annual leave for employees wi h
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 iniury, 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. 78-288. Use of annual leave.
Vacation will be charged to annual leave time. Employee sick leave absences can be charged to
annual leave time if all sick leave time has been exhausted.
Sec. 78-289. Use of sick leave.
(a) Sick leave shall be used for absences because of sickness or iniury, not service-connected,
for absences due to death or illness in the immediate family, and for religious holidays.
(b) Religious holidays 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 (3) in
any calendar year.
(c) All employees in the service of the city shall be required to report absences from duty, not
previously arranged, to their appointing officer or a 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 the 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. 78-290. 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. Twelve hours for a fireman is
considered an eight-hour day.
(b) It shall be the duty of the department head 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.
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(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. 78-291. Timing of vacations.
Vacations shall be granted at a time suitable to the department head and convenient to his/her
work schedule as far as practicable.
Sec. 78-292. 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 regular employee at the time of his/her death or retirement.
(b) Resignation or removal.
(1) Any earned balance of annual leave and sick leave of a regular employee who is removed
or who resigns in good standing shall be paid to such regular employee at the rate of
compensation received by such regular 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 regular employee shall forfeit his/her 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 his/her employment with the City of
Miami Beach, due to transfer of a function of his/her department to the Metropolitan
government, Dade County, or to any agency of the State of Florida, or other local
government, shall be entitled to an option period of 30 days during which time he may
elect to transfer to the Metropolitan government, Dade County, agency of the State of
Florida, or other local government any part or the entire portion of his/her earned annual
leave and sick leave balance without forfeiture of re-employment rights provided under
civil service rules of the City of Miami Beach. However, if the employee elects to both
transfer a portion of his/her 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 applicable annual cap, and the combined maximum for
transfer and payment for sick leave shall be one half of balance up to applicable annual
cap.
Maximum payment. 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. An employee or his/her beneficiary may be paid a maximum of 620 hours of
accumulated sick leave when the employee has reached more than ten (10) years of
creditable service. An employee or his/her beneficiary may be paid one-half of the
employee's accumulated sick leave, up to a maximum of 620 hours after their probationary
period through ten (10)years of creditable service. Any benefit under this section must be
bargained with the respective unions.
(d) Computation of annual and sick leave payments:
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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.
al 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.
(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. 78-293. 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 such is recommended by the appointing officer 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 no later than fivc (5) 180 days
after the death of the family member occurs.
Employees will be entitled to use bereavement leave, as established by citywide procedure,
or as established in each CBA.
(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 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 City Manager may deem appropriate to grant administrative leave, or that
is recommended by department directors and approved by the City Manager.
Sec. 78-294.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
6
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.
Employees will be entitled to all provisions in sec. 78-294 , or as established in each CBA.
Sec. 78-295. Use of annual leave for purchase of pension time.
Any annual leave and sick leave more than the total combined maximum 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 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.
Sec. 78-296. Donation of annual leave and sick leave.
Lai. Sick Leave Bank. The Sick Leave Bank has been established for employees that 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 a member 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.
Sec. 78-297. Paid Parental Leave.
Paid Parental Leave is established to support employees by allowing flexibility and time to bond
7
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 Family and Medical
Leave Act("FMLA"), and/or any other unpaid leave offered by the City due to childbirth, adoption,
or foster care placement.
Sec. 78-298. 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. Any benefit under this section
must be bargained with the respective unions.
Section 78-299. Use of Sick Leave for Retiree Health Savings Account.
A Retiree Health Savings("RHS") Program may be established for Classified employees covered
in this group,with terms and conditions that govern the use of accrued sick leave to fund individual
RHS accounts. Any benefit under this section must be bargained with the respective unions.
Sec. 78-300. City Manager's Authority to Adopt Administrative Procedures and
Regulations.
The City Manager shall have the authority to establish and, from time to time, amend
administrative procedures and regulations to implement the provisions of this article.
Sec. 78-301. Domestic and Sexual Violence Leave.
The City will provide 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. 78-302. 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 having at least 260 combined hours of annual and sick leave after any
donation,
Sec. 78-303. Collective bargaining contingency.
As to employees in classifications governed by union contracts, implementation of the measures
in this article is contingent upon collective bargaining and approval by the unions to the extent
such approval is necessary. Should any inconsistencies exist between this article and any union
contract, then the language of the union contract shall control.
SECTION 3. REPEALER.
8
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 aL day of 70.47, , 2024.
ATTEST:
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.#% ,....... ....1210,4:440.1....
Steven Meiner, Mayor
Rafae E. Gr nado, City Clerk
(Sponsored by Mayor Steven Meiner) _osTi,��,,,�
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APPROVED AS TO
'INCORPORATED' FORM &LANGUAGE
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Cit 8I 22 I ?02f—
City Attorney Date
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•
Ordinances -R5 R
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 V THEREOF,
ENTITLED "CLASSIFIED EMPLOYEES' LEAVE," TO CODIFY AS PART OF THE
CITY CODE AND AMEND THE CITY'S EMPLOYEES' LEAVE ORDINANCE (NO.
1335) FOR CLARITY AND EASE OF REFERENCE, TO DELETE AND/OR REVISE
OUTDATED PROVISIONS, CREATE NEW SECTIONS, AND TO MAKE
SUBSTANTIVE AMENDMENTS AS FOLLOWS: SECTION 78-282, ENTITLED
"DEFINITIONS; AMOUNTS OF LEAVE," SECTION 78-283, ENTITLED
"PROBATIONARY EMPLOYEES," SECTION 78-284, ENTITLED "PROVISIONAL
EMPLOYEES," SECTION 78-285, ENTITLED "SPECIAL PROVISIONS FOR
EMPLOYEES ON MILITARY LEAVE," SECTION 78-286, ENTITLED
"ACCUMULATION OR FORFEITURE OF ANNUAL LEAVE AND SICK LEAVE,"
SECTION 78-287, ENTITLED "TRANSFER OF SICK LEAVE TO ANNUAL LEAVE,"
SECTION 78-288, ENTITLED "USE OF ANNUAL LEAVE," SECTION 78-289,
ENTITLED "USE OF SICK LEAVE," SECTION 78- 290, ENTITLED "CHARGES
AGAINST ANNUAL LEAVE AND SICK LEAVE," SECTION 78-291, ENTITLED
"TIMING OF VACATIONS," SECTION 78-292, ENTITLED "PAYMENT FOR
ANNUAL LEAVE," SECTION 78-293, ENTITLED "OTHER LEAVES WITH
COMPENSATION," SECTION 78-294, ENTITLED "WORKER'S COMPENSATION
AND SUPPLEMENTAL INJURY PAY," SECTION 78-295, ENTITLED "USE OF
ANNUAL LEAVE FOR PURCHASE OF PENSION TIME," SECTION 78-296,
ENTITLED "DONATION OF ANNUAL LEAVE AND SICK LEAVE," SECTION 78-
297, ENTITLED "PAID PARENTAL LEAVE," SECTION 78-298, ENTITLED "LEAVE
SELLBACK," SECTION 78-299, ENTITLED"USE OF SICK LEAVE FOR RETIREE
HEALTH SAVINGS ACCOUNT," SECTION 78-300, ENTITLED "MANAGER'S
AUTHORITY TO ADOPT ADMINISTRATIVE PROCEDURES AND
REGULATIONS," SECTION 78-301, ENTITLED "DOMESTIC AND SEXUAL
VIOLENCE LEAVE," AND SECTION 78-302, ENTITLED "DONATE ANNUAL AND
SICK LEAVE FOR HUMANITARIAN DISASTER RELIEF, AND SECTION 78-303,
ENTITLED "COLLECTIVE BARGAINING CONTINGENCY"; REPEAL ORDINANCE
1335 IN ITS ENTIRETY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
See memorandum attached.
BACKGROUND/HISTORY
ANALYSIS
Page 1039 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.aov/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? Project?,
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,,
includes a principal engaged in lobbying?
If so, specify the name of lobbyist(s)and principal(s):
Department
Human Resources
Sponsor(s1
Mayor Steven Meiner
Co-sponsor(s)
Condensed Title
2:25 p.m. 2nd Rdg, Ch. 78, Classified Employees' Leave Ordinance No. 1335. (Meiner) HR
Page 1040 of 1750
Docusign Envelope ID:050F12A5-2556-4BBD-A645-B86CB306CD1A
COMMISSION MEMORANDUM
Second Reading
TO: Mayor Steven Meiner and Members of the-eArryornmission
ficka ittitutis
FROM: Rickelle Williams, Interim City Manager �451
:J OCAT78723FE7457
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
V THEREOF, ENTITLED "CLASSIFED LEAVE ORDINANCE" TO CODIFY
AS PART OF THE CITY CODE AND AMEND THE CITY'S EMPLOYEES'
LEAVE ORDINANCE (NO. 1335) FOR CLARITY AND EASE OF
REFERENCE, TO DELETE AND/OR REVISE OUTDATED PROVISIONS,
CREATE NEW SECTIONS,AND TO MAKE SUBSTANTIVE AMENDMENTS
AS FOLLOWS: SECTION 78-282, ENTITLED "DEFINITIONS; AMOUNTS
OF LEAVE," SECTION 78-283, ENTITLED "PROBATIONARY
EMPLOYEES," SECTION 78-284, ENTITLED "PROVISIONAL
EMPLOYEES,"SECTION 78-285, ENTITLED"SPECIAL PROVISIONS FOR
EMPLOYEES ON MILITARY LEAVE," SECTION 78-286, ENTITLED
"ACCUMULATION OR FORFEITURE OF ANNUAL LEAVE AND SICK
LEAVE," SECTION 78-287, ENTITLED "CONVERSION AND TRANSFER
OF SICK LEAVE TO ANNUAL LEAVE,"SECTION 78-288, ENTITLED"USE
OF ANNUAL LEAVE," SECTION 78-289, ENTITLED "USE OF SICK
LEAVE," SECTION 78-290, ENTITLED "CHARGES AGAINST ANNUAL
LEAVE AND SICK LEAVE," SECTION 78-291, ENTITLED "TIMING OF
VACATIONS," SECTION 78-292, ENTITLED "PAYMENT FOR ANNUAL
LEAVE," SECTION 78-293, ENTITLED "OTHER LEAVES WITH
COMPENSATION," SECTION 78-294, ENTITLED "WORKER'S
COMPENSATION AND SUPPLEMENTAL INJURY PAY," SECTION 78-295,
ENTITLED "USE OF ANNUAL LEAVE FOR PURCHASE OF PENSION
TIME," SECTION 78-296, ENTITLED "DONATION OF ANNUAL LEAVE
AND SICK LEAVE," SECTION 78-297, ENTITLED "PAID PARENTAL
LEAVE,"SECTION 78-298, ENTITLED"LEAVE SELLBACK,"SECTION 78-
299, ENTITLED "USE OF SICK LEAVE FOR RETIREE HEALTH SAVINGS
ACCOUNT," SECTION 78-300, ENTITLED "MANAGER'S AUTHORITY TO
ADOPT ADMINISTRATIVE PROCEDURES AND REGULATIONS,"
SECTION 78-301, ENTITLED "DOMESTIC AND SEXUAL VIOLENCE
LEAVE,"AND SECTION 78-302, ENTITLED"DONATE ANNUAL AND SICK
LEAVE FOR HUMANITARIAN DISASTER RELIEF, AND SECTION 78-303,
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ENTITLED "COLLECTIVE BARGAINING CONTINGENCY,"; REPEAL
ORDINANCE 1335 IN ITS ENTIRETY; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends approval of Ordinance No. 1335 on second reading.
BACKGROUND
The City's Classified Employees' Leave Ordinance No. 1335 (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 September
10, 2010. 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. These changes aim to
provide equity and parity amongst all groups of employees. A companion Ordinance for
unclassified employees is being proposed for clarity and consistency.
During the most recent bargaining sessions, non-sworn unions requested parity regarding sick
leave value, and re-establishing a citywide leave sellback program. This Ordinance provides the
authority to grant these benefits.
ANALYSIS
With this legislation, the Classified Leave Ordinance No. 1335 will be superseded and replaced
with the changes listed below, and Article V of Chapter 78 of the City Code, entitled "Classified
Employees' Leave"will be codified.
Some of the substantive changes proposed in this Classified Leave ordinance update are outlined
below:
Sec. 78-287. Conversion and Transfer of Annual Leave and Sick Leave.
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 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 read-
ing, this Ordinance language has been clarified to be consistent with the years of creditable ser-
vice provision in Section 78-189.
Sec. 78-292. 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.
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Sec. 78-294.Worker's Compensation and Supplemental Injury Pay.
The initial period of supplemental injury pay is updated from sixteen (16) weeks to twelve (12)
weeks,with consideration for an extension after the advice of the Senior Risk Officer and approval
of the City Manager, for those employees not covered by a superseding collective bargaining
agreement. This language will memorialize existing procedures in the collective bargaining
agreements.
Sec. 78-295. 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, collec-
tive bargaining, and approval by the City Commission.
Sec. 78-298. Sick Leave Sellback.
The sick leave sellback provision was previously offered to unclassified employees but was sus-
pended 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 Man-
ager. The City Manager may pause or suspend the sick leave sell-back program under this sec-
tion, 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 imple-
menting 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.
Sick leave sellback provisions in the Police and Fire collective bargaining agreement remain
unchanged. Employees may exercise a sellback option no more than once a year.
Section 78-299. 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 classified 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 78-301. Domestic and Sexual Violence Leave.
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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 78-302. 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.
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 after successful bargaining with the respective unions.
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