2004-3462 Ordinance
,
ORDINANCE NO.
2004~3462
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
ORDINANCE NO. 1613, THE UNCLASSIFIED EMPLOYEES'
LEAVE ORDINANCE, BY AMENDING THE PROVISIONS FOR
ACCUMULATION AND PAYMENT OF ANNUAL AND SICK
LEAVE; 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 Unclassified Leave Ordinance No. 1613 as amended
shall be amended to read as follows:
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SECTION 2:
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3. Accumulation or Forfeiture of Annual Leave and Sick Leave:
( a) Employees hired prior to October 1, 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 ofthe payroll year.
(b) At the end of each payroll year, all employees will be allowed no more than ~ 460
vacation (annual) 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.
4. Transfer of Sick Leave to Annual Leave:
(a) For employees hired prior to October 1, 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, 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 48G 580 hours
ofyacation (annual) leave. (Ord. No. 78-2136, S4)
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9. Payment for Annual Leave
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(c) Maximum Payments:
(1) For employees hired before October 1, 1978, payment of annual leave and
sick leave upon resignation, retirement, termination, or death of an employee
shall in no case exceed an amount equal to one year's compensation at the
rate of pay received by such employee at the time of his retirement, death,
termination, or resignation.
(2) For employees hired on or after October 1, 1978, upon resignation,
retirement, termination, or death of an employee, the maximum annual leave
for which an employee or his beneficiary may be paid is 48{) 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 of 600
hours. (Ord. No. 78-2136, ~6)
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 Mi.ami 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 ofthis
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 20th day of
November
,2004.
PASSED and ADOPTED this 10th day of
November
ATTEST:
.~p~
cA.Y CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
T:IAGENDA \2004\Oct1304lRegularlleave ord 1613uc 1 0-04.doc
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Second reading of the Ordinance amending Unclassified Leave Ordinance 1613 to amend provisions for
the accumulation and payment of annual leave for Unclassified employees.
Issue:
Shall the City implement measures to ensure a fair and equitable leave accumulation and payment system
for Unclassified employees in accordance with the provisions already negotiated with the FOP and IAFF?
Item Summary/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 Unclassified employee may be paid upon
termination, retirement, or death from 480 hours to 580 hours.
Advisory Board Recommendation:
I N/A
Financial Information:
Finance Dept.
Source of
Funds:
D
Ci Clerk's Office Le islative Trackin :
Mayra D. Buttacavoli, Director of Human Resources & Risk Management
T:\AGENDA\2004\Nov1004\Regular\leave ord 1613 UC 10-04 summary2nd read.doc
AGENDA ITEM
DATE
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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
(
'.
SECOND READING
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1613, THE
UNCLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE
PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND
SICK LEAVE; 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) un.1on 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 Unclassified employees and implements 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 Unclassified Leave
Ordinance amendments to ensure that there is a leave accumulation and payment system
which is fair and equitable for all employees.
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, ClTY 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
~each, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Orive, Miami Beach, Florida, on
Wednesday, November 10, 2004, al Ihe limes listed below 10 consider Ihe following:
alll:00 a.m.:
AN ORDINANCE AMENDING OROINANCE NUMBER 2003-3411 BY AMENDING THE RESTRICTIONS ON THE LOCATIONS
WHERE PANHANDLING IS PROHIBITED AND PROVIOING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Legal Department at(305) 673-7470.
aI11:15a.m.:
AN OROINANCE AMENDING OROINANCE NO. 7B9, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE, BY ESTABUSHING
THE CLASSIFICATIONS OF FIELO INSPECTOR I, FIELD INSPECTOR II ANO PARKING DISPATCHER IN GROUP IV, BEING
THOSE CLASSIFICATIONS COVERED BY THE COMMUNICATION WORKERS OF AMERICA (CWA), LOCAL 317B;
TRANSFERRING THE TITLES OF THE CLASSIFICATIONS OF BACKFLOW COORDINATOR, CARPENTER SUPERVISOR,
CENTRAL SERVICES SUPERVISOR, LEAD MECHANIC, SANITATION OPERATIONS SUPERVISOR, SERVICE SUPERVISOR, AND
911 COMMUNICATIONS RECOROS CUSTODIAN FROM GROUP VI, BEING OTHER CLASSIFICATIONS IN THE ClASSIFIED
SERVICE NOT COVERED BY A BARGAINING UNIT, TO GROUP V, BEING THOSE CLASSIFICATIONS COVEREO BY THE
GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF), OPEIU LOCAL 100; PROVIDING FOR A REPEALER,
SEVERABILITY, EFFECTIVE DATE AND CODIFICATION.
al 11:16 a.m.:
AN OROINANCE AMENOING ORDINANCE NO. 1605, UNCLASSIFIED EMPLOYEES SALARY OROINANCE, ESTABLISHING THE
CLASSIFICATIONS OF COOE COMPLIANCE DlVISIDN OIRECTOR, CULTURAL FACILITIES MANAGER, FIELD MONITOR,
GEOGRAPHIC INFORMATION SYSTEM ANALYST, HUMAN RESOURCES & RISK MANAGEMENT DIRECTOR, NEIGHBORHOOD
SERVICES PROJECTS ADMINISTRATOR ANO SENIOR MANAGEMENT ANALYST; AMENOING THE TITLES OF THE
CLASSIFICATIONS OF BEACH PATROL CAPTAIN TO OCEAN RESCUE DIVISION CHIEF, FIELD INSPECTOR TO FIELD
SUPERVISOR, MANAGEMENT & BUDGET DIRECTOR TD BUDGET & PERFORMANCE IMPROVEMENT DIRECTOR, AND RIGHT
OF WAY SUPERVISOR TO RIGHT OF WAY MANAGER; PROVIDING FOR A REPEALER, SEVERABILITY, EFFECTIVE DATE: AND
rOOIFICATION.
al 11:17 a.m.: .
AN ORDINANCE AMENOING ORDINANCE NO. 1335, THE CLASSTFIED EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE
PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL ANO SICK LEAVE FOR THE FRATERNAL ORDER OF POLICE
(FOP), THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), ANO CLASSIFIED EMPLOYEES NOT COVERED BY A
BARGAINING UNIT AND KNOWN AS THE GROUP "OTHERS" PROVIDING FOR A REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
aI11:18a.m.:
AN ORDINANCE AMENDING OROINANCE NO. 1613, THE UNCLASSIFIED EMPLOYEES' LEAVE OROINANCE, BY AMENOING
THE PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL ANO SICK LEAVE; PROVIOING FOR A REPEALER,
SEVERABILITY. CODIFICATION, AND AN EFFECTIVE DATE.
Inquiries may be directed to Human Resources at (305) 673-7524.
al 11:30 a.m.:
AN ORDINANCE AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE CITY COOE; DIVISION 7. 'CCC,
CIVIC AND CONVENTION CENTER DISTRICT,"BY CREATING A NEW SECTION 142-368 ENTITLED "OFFSITE PARKING,"
PROVIDING THAT REOUIRED PARKING PROVIDED FOR USES IN THIS DISTRICT, LOCATED OFF-SITE PURSUANT TO
SECTION 130-36, SHALL NOT BE INCLUDEO IN PERMITTEO FLOOR AREA WHEREVER LOCATED; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY AND EFFECTIVE DATE.
~I 5:01 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE COOE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING OISTRICTS AND REGULATIONS", ARTICLE II, "OISTRICT REGULATIONS", DMSION 3,
"RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,"
SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY MEDIUM INTENSITY," ANO DIVISION 15, "TH TOWN HOUSE I
RESIOENTlAL DISTRICT,"BY AMENOING SECTION 142-156, SECTION 142-218 AND SECTION 142-606, RESPECTIVELY, TO
ESTABLISH REVISED STANDAROS 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 ANO AN EFFECTIVE DATE.
Inquiries may be directed to the Planning Department at (305) 673-7550.
al 5:05 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIOA, BY AMENDING CHAPTER 118, "ADMINISTRATION ANO REVIEW PROCEDURES," ARTICLE XI, "NEIGHBORHOOD
CONSERVATION DISTRICTS," BY CREATING A NEW SECTION 118-708, ENTITLED "ENFORCEMENT OF NCD REGULATIONS
AND CRITERIA; APPLICATION OF EQUITABLE ESTOPPEL TO PERMITS AND APPROVALS," PROVIOING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
,f1quiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited 10 appear at this meeting, or be represented by an agent, or to express their views in
writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st 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 by the City for the inlroduction or admission of
otherwise inadmissible or irrelevant evidence, nor does It alllhorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with
disabilities. and/or any accommodation to review any document or participate in any city-sponsored proceeding, please
r.ontact (305) 604-2489 (voice), (305) 673-7218 (TTY) five days in advance to initiate your request. m users may also
call 711 (Florida Relay Service).
(Ad #0285)