2004-3461 Ordinance
ORDINANCE NO. 2004-3461
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO.
1335, THE CLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY
AMENDING THE PROVISIONS FOR ACCUMULATION AND
PAYMENT OF ANNUAL AND SICK LEAVE FOR THE FRATERNAL
ORDER OF POLICE (FOP), THE INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS (IAFF), AND CLASSIFIED EMPLOYEES NOT
COVERED BY A BARGAINING UNIT AND KNOWN AS THE GROUP
"OTHERS"; PROVIDING FOR A REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1: That the following section ofthe Classified Leave Ordinance No. 1335 as amended
shall be amended to read as follows:
SECTION 1:
*
*
*
5. Accumulation or Forfeiture of Annual Leave and Sick Leave:
(a) Employees hired prior to October I, 1978 may accumulate annual leave and sick leave up
to a total combined maximum of 2088 hours. Any hours of leave in excess of above
maximum will be forfeited on the last day of the last full pay period of the payroll year.
(b) At the end of each payroll year, all employees except those covered by the Fraternal
Order of Police (FOP), the International Association of Fire Fighters (IAFF) and
Classified employees not covered by a bargaining unit and known as the grOUP "Others".
will be allowed no more than 360 vacation (annual) hours to be accrued. Employees
covered by the Fraternal Order of Police (FOP). the International Association of Fire
Fighters (IAFF) and Classified employees not covered by a bargaining unit and known as
the group "Others" will be allowed no more than 460 vacation hours to be accrued.
Any hours ofleave in excess of the above maximum will be forfeited on the last day of
the last full pay period of the payroll year.
6. Transfer of Sick Leave to Annual Leave:
(a) For employees hired prior to October I, 1978, sick leave accrued in excess of360 hours
may be used for vacation time within the limits of this ordinance.
(b) For employees hired on or after October I, 1978, except those covered by the Fraternal
Order of Police (FOP). the International Association of Fire Fighters (IAFF) and
Classified employees not covered by a bargaining unit and known as the grOUp "Others",
sick leave accrued in excess of 360 hours may be transferred to annual leave at the rate of
two days of sick leave to one day of annual leave. At the time of resignation, retirement,
termination, or death, such employee can transfer sick leave in this manner to reach a
maximum of 480 hours of vacation (annual) leave. For employees covered by the
Fraternal Order of Police (FOP), the International Association of Fire Fighters (IAFF)
and Classified employees not covered by a bargaining unit and known as the group
"Others". at the time of resignation. retirement, termination. or death, such employee can
transfer sick leave in this manner to reach a maximum of 5 80 hours of vacation (annual)
leave. (Ord. No. 78-2135, S4)
*
*
*
11. Payment of Annual Leave:
*
*
*
(c)
Maximum Payment:
(1) For employees hired before October 1, 1978, payment of annual leave and
sick leave upon resignation, retirement, termination, or death of a Regular
employee shall in no case exceed an amount equal to one year's
compensation at the rate of pay received by such Regular employee at the
time of his retirement, death, termination, or resignation.
(2) For employees hired on or after October 1, 1978, except those covered by the
Fraternal Order of Police (FOP), the International Association of Fire
Fighters (IAFF) and Classified employees not covered by a bargaining unit
and known as the grOUP "Others". upon resignation, retirement, termination,
or death of an employee, the maximum annual leave for which an employee
or his beneficiary may be paid is 480 hours; for those employees covered
by the Fraternal Order of Po lice (FOPt the International Association of Fire
Fighters (IAFF) and Classified employees not covered by a bargaining and
known as the Group "Others" the maximum annual leave for which an
employee or his beneficiary may be paid is 580 hours: and the maximum sick
leave for which an employee or his beneficiary may be paid is one-half of his
sick leave balance to a maximum payment of600 hours. (Ord. No. 78-2135,
S6)
*
*
*
17. Collective Bargaining Contingency:
As to employees in classifications governed by union contracts, implementation of the
measures hereby amended in Sections 5, 6(b) and (c), 7(b), 1 1 (c), and 17, is contingent upon
collective bargaining and approval by the unions to the extent such approval is necessary.
Should any inconsistencies exist between this Ordinance and the union contracts, then the
language of the union contracts shall supersede.
SECTION 2: REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3: SEVERABILITY.
If any section, subsection, clause, or provision of this ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4: CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made a part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or re-Iettered to accomplish such intention, and the
word "ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 5: EFFECTIVE DATES.
This Ordinance shall take effect the
,2004
PASSED and ADOPTED this 10th day of
1XJ' ~th
CITY CLERK
T:IAGENDA \2004\Octl304\Regular\leave ord1335c11O-M#2.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~,~ ~~
It}' BI ate
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Second reading of the Ordinance amending Classified Leave Ordinance 1335 to amend provisions for the
accumulation and payment of annual leave for Classified employees in FOP, IAFF and the group known as
Others.
Issue:
Shall the City implement measures to ensure a fair and equitable leave accumulation and payment system
for Classified employee groups that successfully negotiate the new levels in accordance with the provisions
already negotiated with the FOP and IAFF?
Item summarv/Recommendation:
Adopt the Ordinance on second reading and public hearing for the Commission Meeting of November 10,
2004 to increase the annual maximum accrual amount of annual leave from 360 hours to 460 hours and
the increasing the maximum annual leave amount for which an Classified employee may be paid upon
termination, retirement, or death from 480 hours to 580 hours.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of
Funds:
D
Finance Dept.
Ci Clerk's Office Le islative Trackin :
Mayra D. Buttacavoli, Director of Human Resources & Risk Management
T:\AGENDA\2004\Nov1004\Regularlleave ord 1335CL 10-04 summary2nd read.doc
AGENDA ITEM
DATE
A5D
!/-!tJ-lJr
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: November 10, 2004
From:
Jorge M. Gonzalez ~
City Manager 0 v
SECOND READING
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1335, THE
CLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE
PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND
SICK LEAVE FOR THE FRATERNAL ORDER OF POLICE (FOP), THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), AND
CLASSIFIED EMPLOYEES NOT COVERED BY A BARGAINING UNIT
AND KNOWN AS THE GROUP "OTHERS"; PROVIDING FOR A
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance on the second reading and public hearing of the Commission meeting
on November 10,2004.
ANALYSIS
Currently the Fraternal Order of Police (FOP) union contract and the International
Association of Fire Fighters (IAFF) union contract provide that effective October 1, 2004
the must use cap on vacation accrual will be raised from 360 hours to 460 hours and the
maximum amount paid upon retirement, termination, or death will be raised from 480 hours
to not exceed 580 hours.
This proposed Ordinance applies to those Classified employees in the F.O.P., I.A.F.F. and
classified employees not covered by a bargaining unit and known as the group "Others".
This will implement the same provisions for accrual and payout of annual leave that have
already been negotiated for the FOP and IAFF.
CONCLUSION
The City Administration recommends that the Commission adopt the Classified Leave
Ordinance amendments stated above to ensure that there is a leave accumulation and
payment system which is fair and equitable.
JMG:MDB:ph ;(.,I,tJ,A
T:\AGENDA\2004\Nov1004\Regular\LEAVE ORD 1335 CL 10-04-MEM02nd read.doc
26
"
0
0
N
cO
N
'"
W
CO
0
f-
U
0
,:
<1:
0
V1
'"
::>
I
f-
0
-'
<1:
'"
w
I
. w
I
f-
E
0
u
.,;
'"
~
.c
~
~
~
"
ro
C1TY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami
qeach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, November 10, 2004, at \he limes listed below to consider \he following:
at 11:00 a.m.:
AN ORDINANCE AMENOING ORDINANCE NUMBER 2D03-3411 BY AMENDING THE RESTRICTIONS ON THE LOCATIONS
WHERE PANHANDLING IS PROHIBITED ANO PROVIOING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Legal Department at (305) 673-7470.
at 11:15 a.m,:
AN ORDINANCE AMENDING DROINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE, BY ESTABLISHING
THE CLASSIFICATIONS OF FIELO INSPECTOR I, FIELD INSPECTOR II AND PARKING DISPATCHER IN GROUP IV, BEING
THOSE CLASSIFICATIONS COVERED BY THE COMMUNICATION WORKERS OF AMERICA (CWA), LOCAL 3178;
TRANSFERRING THE TITLES OF THE CLASSIFICATIONS OF BACKFLOW COORDINATOR, CARPENTER SUPERVISOR,
CENTRAL SERVICES SUPERVISOR, LEAD MECHANIC, SANITATION OPERATIONS SUPERVISOR, SERVICE SUPERVISOR, AND
911 COMMUNICATIONS RECORDS CUSTODIAN FROM GROUP VI, BEING OTHER CLASSIFICATIONS IN THE CLASSIFIED
SERVICE NOT COVERED BY A BARGAINING UNIT, TO GROUP V, BEING THOSE CLASSIFICATIONS COVERED BY THE
GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF), OPEIU LOCAL 100; PROVIDING FOR A REPEALER,
SEVERABILITY, EFFECTIVE OATE AND CODIFICATION.
at 11:16 a.m.:
AN ORDINANCE AMENDING ORDINANCE NO. 1605, UNCLASSIFIED EMPLOYEES SALARY ORDINANCE, ESTABLISHING THE
CLASSIFICATIONS OF CODE COMPLIANCE DIVISION DIRECTOR, CULTURAL FACILITIES MANAGER, FIELD MONITOR,
GEOGRAPHIC INFORMATION SYSTEM ANALYST, HUMAN RESOURCES & RISK MANAGEMENT DIRECTOR, NEIGHBORHOOD
SERVICES PROJECTS AOMINISTRATOR AND SENIOR MANAGEMENT ANALYST; AMENDING THE TITLES OF THE
CLASSIFICATIONS OF BEACH PATROL CAPTAIN TO OCEAN RESCUE OIVISION CHIEF, FIELD INSPECTOR TO FIELD
SUPERVISOR, MANAGEMENT & BUOGET DIRECTOR TO BUDGET & PERFORMANCE IMPROVEMENT OIRECTOR, ANO RIGHT
OF WAY SUPERVISOR TO RIGHT OF WAY MANAGER; PROVIDING FOR A REPEALER, SEVERABILITY, EFFECTIVE OATE; AND
rOOIFICATION.
at 11:17-a.m.: .
AN OROINANCE AMENOING DRDINANCE NO. 1335, THE CLASslFlEO EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE
PROVISiONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND SICK LEAVE FOR THE FRATERNAL ORDER OF POLICE
(FOP), THE INTERNATIONAL ASSOCIATION O~ FIRE FIGHTERS (IAFF), AND CLASSIFIED EMPLOYEES NOT COVERED BY A
BARGAINING UNIT AND KNOWN AS THE GROUP "OTHERS" PROVIDING FOR A REPEALER, SEVERABILITY, CODIFICATION,
ANO AN EFFECTIVE DATE.
at 11:t8 a.m.:
AN ORDINANCE AMENOING OROINANCE NO. 1613, THE UNCLASSIFIED EMPLOYEES' LEAVE OROINANCE, BY AMENDING
THE PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND SICK LEAVE; PROVIDING FOR A REPEALER,
SEVERABILITY, COOIFICATION, ANO AN EFFECTIVE DATE.
Inquiries may be directed to Human Resources at (305) 673-7524.
at 11:30 a.m.:
AN ORDINANCE AMENOING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE CITY CODE; DMSION 7. "CCC,
CIVIC AND CONVENTION CENTER DISTRICT,"BY CREATING A NEW SECTION 142-368 ENTITLED "OFFSITE PARKING,"
PROVIDING THAT REQUIRED PARKING PROVIDEO FOR USES IN THIS DISTRICT, LOCATED OFF-SITE PURSUANT TO
SECTION 130-36, SHALL NOT BE INCLUDED IN PERMITTED FLOOR AREA WHEREVER LOCATED; PROVIDING FOR
COOIFICATlON, REPEALER, SEVERABILITY ANO EFFECTIVE DATE.
at 5:0t p.m.:
AN OROINANCE AMENOING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS ANO REGULATIONS", ARTICLE II, "OISTRICT REGULATIONS", DIVISION 3,
"RESIDENTIAL MULTIFAMILY OISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,"
SUBDIVISION IV, "RM-2 RESIOENTIAL MULTIFAMILY MEDIUM INTENSITY," ANO DIVISION 15, "TH TOWN HOUSE I
RESIOENTIAL OISTRICT,"BY AMENOING SECTION 142-156, SECTION 142-218 AND SECTION 142-606, RESPECTIVELY, TO
ESTABLISH REVISED STANDARDS FOR PARKING LOT SETBACK REQUIREMENTS WHEN THERE IS AN APPROVED STREET
IMPROVEMENT PLAN THAT INCORPORATES A PUBLIC-PRIVATE PARKING AGREEMENT WITH THE CITY; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
Inquiries may be directed to the Planning Oepartment at (305) 673-7550.
at 5:05 p.m.:
AN ORDINANCE AMENOING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, BY AMENDING CHAPTER 11 B, "ADMINISTRATION ANO REVIEW PROCEDURES," ARTICLE XI, "NEIGHBORHOOD
CONSERVATION DISTRICTS," BY CREATING A NEW SECTION 118-70B, ENTITLED "ENFORCEMENT OF NCD REGULATIONS
AND CRITERIA; APPLICATION OF EQUITABLE ESTOPPEL TO PERMITS AND APPROVALS," PROVIDING FOR CODIFiCATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
,ftQuiries may be directed to the Planning Oepartment at (305) 673-7550.
INTERESTEO PARTIES are invited to appear at this meeting. or be represented by an agent, or to express their views in
writing addressed to the City Commission, clo the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami
Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not
be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This notice does not constitute consent b~ the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible formal, sign language interpreters, information on access for persons with
disabilities, andlor any accommodation to review any document or participate in any city-sponsored proceeding, please
GOntact (305) 604-2489 (voice), (305) 673-7218 (TTY) five days in advance to initiate your request. TIY users may also
call 711 (Florida Relay Service).
(Ad 110285)