2007-3552 Ordinance
2007-3552
ORDINANCE NO.
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
INTERNATIONAL ASSOCATION OF FIRE FIGHTERS (IAFF);
PROVIDING FOR A REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has entered into a Collective Bargaining Agreement
with the International Association of Fire Fighters (IAFF) that provides, inter alia, effective October
1 S\ 2006, the "must use" cap on vacation accrual is to be raised from 360 hours to 460 and from 540
hours to 690 hours for 24-hour shift employees and the maximum amount paid upon retirement,
termination, or death is to be raised from 480 hours to 820 hours for non-shift employees and form
870 to 1,230 hours for 24-hour day shift employees; and
WHEREAS, these changes apply to those employees who are represented by the
International Association of Fire Fighters (IAFF); and
WHEREAS, the Classified Leave Ordinance No. 1335, as amended, needs to be further
amended to implement the changes negotiated in the Collective Bargaining Agreement between the
City of Miami Beach and the IAFF.
WHEREAS, that the following sections of the Classified Leave Ordinance No. 1335 as
amended shall be amended to read as follows: and:
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1:
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5. 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 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 International L\ssociation 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; employees covered by the
Fraternal Order of Police (FOP) will be allowed no more than 500 vacation hours to be
accrued effective October 1,2006; employees covered by the International Association of
Fire Fighters (lAFF) will be allowed no more than 460 hours for non-shift employees and
690 for 24-hour shift employees to be accrued effective October 1, 2006. Any hours of
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.
PASSED and ADOPTED this 11 th day of
April
,2007
This Ordinance shall take effect the 21 s t
]1i: r p-auLUA-
CITY CLERK
F:\huma\$aIl\Sue\Ordinance Drafts\IAFF Leave Ordinance 03-2007\Ordinancc Draft 03-2007,doc
APPROVED AS TO
fORM & LANGUAGE
& FOR EXECUTION
~~fr 11[:7
leave in excess of the above maximum will be forfeited on the last day of the last full pay
period of the payroll year.
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11. Payment of Annual Leave:
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(c) Maximum Payment:
(1) F or 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) F or 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 International "^~ssociation 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 of 600 hours; those employees covered by the Fraternal Order of
Police (FOP), the maximum annual leave for which an employee or his
beneficiary may be paid is 620 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; for employees covered by the
International Association of Fire Fighters (lAFF), the maximum amount of
accrued, combined sick and vacation leave paid upon retirement, termination
or death shall not exceed 820 hours for non-shift personnel and shall not
exceed 1,230 hours for 24-hour shift personnel. (Ord. No. 78-2135~ 96)
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17. Collective Bargaining Contingency:
As to employees in classifications governed by union contracts, implementation of the
measures hereby amended in Sections 5, 11 (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.
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Ordinance No. 1335, the Classified Employee's Leave Ordinance,
by amending the provisions for accumulation and payment of annual and sick leave for the
International Association of Fire Fi hters IAFF .
Ke Intended Outcome Su orted:
Attract and maintain a quality workforce.
Issue:
Shall the City implement measures to ensure a fair and equitable leave accumulation and
payment system for employees represented by the International Association of Fire Fighters
IAFF in accordance with the rovisions ne otiated?
Item Summary/Recommendation:
This ordinance was approved March 14, 2007 on first reading and is scheduled for a second
and final reading and public hearing for the Commission Meeting of April 11 ,2007. The
Ordinance increases the annual maximum accrual amount of annual leave from 360 hours
to 460 hours for non-shift personnel and from 540 to 690 hours for 24-hour shift personnel
and the increasing the maximum annual leave amount for which an employee represented
by the International Association of Fire Fighters (IAFF) may be paid upon termination,
retirement, or death from 240 hours to 820 hours for non-shift personnel and from 360 to
1,230 for 24 hour day shift personnel.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
CSPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin :
Mayra D. Buttacavoli, Director of Human Resources & Risk Management
Si n-Offs:
Department Director
Chief of Staff
City Manager
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MIAMIBEACH
AGENDA ITEM
DATE
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lD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
Mayor David Dermer and Members of the City Commission
FROM:
Jorge M. Gonzalez, City ManagerJ ~
Second Reading
April 11, 2007 Public Hearing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1335, THE
CLASSIFIED EMPLOYEE'S LEAVE ORDINANCE, BY AMENDING THE
PROVISIONS FOR ACCUMULATION AND PAYMENT OF ANNUAL AND SICK
LEAVE FOR THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF);
PROVIDING FOR A REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
DATE:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANAL YSIS
The International Association of Fire Fighters (IAFF) collective bargaining agreement
provides that, effective October 1, 2006, the must use cap on vacation accrual will be raised
from 360 hours to 460 hours for non-shift employees and from 540 hours to 690 hours for
24-hour shift employees; and the maximum amount of accrued, combined sick and vacation
leave paid upon retirement, termination, or death shall not exceed 820 hours for non-shift
employees and shall not exceed 1,230 for 24-hour day shift employees.
This proposed Ordinance applies to those employees represented by the International
Association of Fire Fighters (IAFF). This Ordinance will implement the changes negotiated
to their collective bargaining agreement.
CONCLUSION
The City Administration recommends that the City Commission approve the Ordinance
amendment on second reading to amend the Classified Leave Ordinance to ensure
compliance with the IAFF collective bargaining agreement.
JMG:MDB:sr
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· e MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and pUblic hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the
Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, April 11,2007, to consider the fOllowing:
, 10:15 a.m.
An Ordinance Amending Ordinance No.789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Classifications
In Group III, Represented By The International Association Of Firefighters (IAFF) In Accordance With The Negotiated Agreement; Effective In The First Pay Period
Ending In October Of 2006, There Shall Be An Across The Board Wage Increase Of Six Percent (6%), And The Minimum And Maximum Of Each Pay Range Will
Also Be Increased By Six Percent (6%); Effective With The First Pay Period Ending In October Of 2007, There Shall Be An Across The Board Wage Increase Of
Ave Percent (5%), And The Minimum And The Maximum Of Each Pay Range Will Also Be Increased By Five Percent (5%); Effective In The First Pay Period
Ending In October 2008, There Shall Be An Across The Board Wage Increase Of Four Percent (4%), And The Minimum And Maximum Of Each Pay Range Will
Also Be Increased By Four Percent (4%); Repealing All Ordinances In Conflict.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
10:16 a.m. _
An Ordinance Amending Ordinance No. 1335, The Classified .Employees' leave Ordinance, By Amending The Provisions For Accumulation And Payment Of
Annual And Sick leave For The International Order Of Firefighters (IAFF).
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
10:17 a.m.
An Ordinance Amending Article V, Occupational license Tax, Sections 102-356 Through 102-385 Thereof, By Changing The Term "Occupational license Tax"
To "local Business Tax"; Defining The Term "Receipt" As It Relates To Business Taxes; All Such Amendments Amending Provisions In The Aforementioned City
Code Sections To Conform With The Recent Amendment To Chapter 205, Florida Statutes (Pursuant To Chapter 2006-152, laws Of Florida, And House Bill No.
1269)
Inquiries may be directed to the Finance Department at (305) 673-7466.
10:18 a.m.
An Ordinance Amending The land Development Regulations Of The City Code By Amending Chapter 118 "Administration And Review Procedures," Article II
"Boards," Division 5 "Board Of Adjustment" Section 118-131 "Membership" To Change The Term Of The Board Membership From One To Two Years.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:20 a.m.
An Ordinance Amending The land Development Regulations Of The City Code, By Amending Chapter 118, "Administration And Review Procedures," Article VIII,
"Procedure For Variances And Administrative Appeals", Section 118-353 "Variance Applications," To Prohib~ Variances For The Maximum Number Of Stories,
Or Any Maximum Building Height Variance Greater Than Three (3) Feet.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:30 a.m.
An Ordinance Amending Chapter 6 Of The Miami Beach City Code Entitled "Alcoholic Beverages" By Amending Article I Thereof Entitled "In General," By
Amending Section 6-3 Entitled "Hours Of Sale," By Providing For Extended Hours Of On-Premises Consumption Of Alcoholic Beverages For Certain Alcoholic
Beverage Establishments And Under Certain Specified Conditions On January 1 st (New YEar's Day), And During Other Major Event Days And Weekends As May
Be Designated By The City Manager.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
10:45 a.m.
An Ordinance Amending Miami Beach City Code Chapter 18 Entitled "Businesses" By Repealing Article XV Thereof Entitled "Street Performers And Art
Vendors," And Replacing Therewith A New Article XV Entitled "Street Performers And Art Vendors," Authorizing Street Performers And Art Vendors On "lincoln
Road" (As Defined Herein) Following Receipt Of A Permit Subject To Certain Conditions And Permit Fees; Providing Definitions, Setting Forth Terms, Conditions
And Regulations For Permits Issued To Street Performers And Art Vendors; Providing For Enforcement, Suspension Or Revocation.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
INTERESTED 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
I Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for
pubHc inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and 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 introduction or
admission of otherwise inadmissible or irrelevant evidExe, nor does it authorize 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 contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance to
initiate your request. TTY users may also call 711 (Florida Relay Service).
Ad #431
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