HomeMy WebLinkAboutReso 2017-2699 RESOLUTION NO. 2017- 24A9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, SUPPORTING APPROVAL OF
PERSONNEL POLICIES RELATING TO RETIREMENT BENEFITS
AND VACATION LEAVE FOR THE CITY'S POLICE
DEPARTMENT COMMAND STAFF, ATTACHED HERETO IN
SUBSATIALLY THE SAME FORM AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach Personnel Policy Manual provides guidance
on procedures, benefits, and the general operation of the City; and
WHEREAS, the Manual is a living document that is subject to change on an as-needed
basis; and
WHEREAS, the City is in the process of doing a comprehensive review of the Personnel
Policy Manual as many of the personnel policies that are currently in place need to be updated in
order to reflect the currently established practices of Human Resources, and new ones need to be
added; and
WHEREAS, the City Commission now desires to amend the City's Personnel Policy
Manual, in substantially the same form as attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of the Personnel Policy Manual. The City Commission hereby approves
the updated policies to the Personnel Policy Manual, in substantially the same form attached
hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED and ADOPTED this 1 : day I f May 2017.Cn-' ( >. George H.yholl, Mayor
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'7 Maur io Bet. cur;=CMC, Acting City Clerk
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82017-PD Command Staff Personnel Policy Amendment Page 1 of 2
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
/LA.A4Tikvi
ans Ottinot, City Attorney
Moved by: COOM• S�E Cil 14
Second by: VICE M+ O - AO-ovnr 4r
VOTE:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Goldman (Yes) (No)
Commissioner Aelion- NT (Yes) (No)
Commissioner Gatto ---7-(Yes) (No)
Commissioner Svechin (Yes) (No)
R2017-PD Command Staff Personnel Policy Amendment Page 2 of 2
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�r ^° City of Sunny Isles Beach
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{, Personnel Policy and Procedure
Policy Name VACATION LEAVE — COMMAND STAFF (NEW)
Policy Number 504:2
Effective Date 5/18/2017
Revision Date(s)
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
It is the policy of the City to grant annual vacations with pay to eligible full-time and eligible
part-time employees in accordance with the guidelines established below.
ELIGIBILITY:
All regular appointment full time Sworn Command Staff Members not covered under the
Collective Bargaining Agreement and holding the position of Police Chief, Police Captain,
or Police Lieutenant. (Note: Additional positions may be eligible as prescribed by
employment agreement or as directed by the City Commission or City Manager.)
PROCEDURE:
1) The established vacation year is the calendar year, January 1 through December 31
each year. Vacations are accrued or earned based on the employee's length of
service and on the time actually worked. In addition, the City has a 'use it or lose it'
policy in which no more eight hundred (800) hours of unused vacation may be
carried over to the next year. Normally vacation must be taken in the year in which
it is accrued.
a) A minimum of one (1) week accrued vacation must be taken each year for
employees in their first through tenth year of service with the City;
b) A minimum of two (2) weeks accrued vacation must be taken each year for
employees in their eleventh through nineteenth year of service;
c) A minimum of three (3) weeks accrued vacation must be taken each year for
employees in their twentieth year or more of service with the City.
504-2 Vacation Leave for Command Staff Page 1 of 4
141
2) Vacation accruals will be as follows:
a) Sworn police personnel will accrue paid vacation according to the following
schedule:
SERVICE PERIOD PAID VACATION
Date of Hire to 5 years service 1.539 hours per week (10 days/year)
5 to 10 years service 2.308 hours per week (15 days/year)
10 to 15 years service 3.077 hours per week (20 days/year)
15 + years service 3.846 hours per week (25 days/year)
b) Department Head employees will accrue paid vacation according to the following
schedule:
SERVICE PERIOD PAID VACATION
Date of Hire to 5 years service 2.308 hours per week (15 days/year)
10 + years service 3.077 hours per week (20 days/year)
15 + years service 3.846 hours per week (25 days/year)
3) Regular appointment Part-time classified position employees who work at least 20
hours per week (1,040 hrs per year) are entitled to vacation on a pro-rata basis. The
amount of annual accrued vacation will be determined pro rata on the same
schedule as that for full-time employees (see above), but the pay will be based on
the employee's average number of part-time hours per week during the vacation
accrual year. Part-time employees working less than 20 hours per week, temporary
employees, and intermittent employees do not receive paid vacation.
4) Employees may not take paid vacation until they have actually earned the vacation.
New employees accrue paid vacation upon initial employment but may not take any
vacation until they have completed their introductory period or as authorized by the
department head and approved by the City Manager.
504-2 Vacation Leave for Command Staff Page 2 of 4
142
5) During each vacation accrual year, employees must actually work at least ninety
percent of their normally scheduled time each pay period, not including time off for
paid short-term absences, vacations, or holidays, in order for the pay period to count
for vacation accrual purposes.
6) Employees who feel that there is a discrepancy in the calculation of their vacation
pay or eligibility may request a review of that calculation by the Finance Department.
7) Vacation pay for eligible full-time and eligible part-time employees will consist of the
employee's regular rate of pay for the vacation period and generally will be paid on
the regularly scheduled payday. Employees who want to receive vacation pay before
their vacation (advance pay) must submit a written request to the Finance
Department at least two weeks, but not more than 30 days, before the vacation is
scheduled to begin.
8) Generally, employees should submit vacation plans to their supervisor at least four
weeks in advance of the requested vacation date (Police Department employees,
follow that department's SOP.) Management reserves the right to designate when
some or all vacations must be taken. Supervisors are responsible for ensuring
adequate staffing levels and should attempt, when feasible, to resolve vacation
scheduling conflicts based on length of service. However, employees who want to
change their plans after the vacation schedule has been set lose their seniority
consideration.
9) Employees on a leave of absence, other than a military leave of absence, are
required to use accrued vacation and sick leave as part of the leave, as specified in
Leaves of Absence, policy 704:1. In addition, employees on an authorized leave of
absence who have no accrued time available will not accrue any new vacation time
during the leave.
10) Vacations of less than half of a full work day (4 hours on an 8 hour schedule)
generally will not be granted and will be reviewed on a case-by-case basis by the
Department Head and the City Manager for final approval. Vacations of more than
two consecutive weeks require the approval of the City Manager.
11) Employees generally may not receive vacation pay in lieu of time off. In addition,
employees will not be paid for any unused vacation remaining at the end of the
vacation year. Up to three (3) years of accrued unused vacation may be carried over;
any remaining unused vacation time will be forfeited. (Deviation from this policy
requires approval of the City Manager.)
12) When employment is terminated, employees will receive vacation pay for up to three
(3) years of unused vacation or eight hundred (800) hours, (whichever is greater)
provided termination is not for disciplinary reasons. Vacation payment for accruals
504-2 Vacation Leave for Command Staff Page 3 of 4
143
of more than one (1) year will be calculated by averaging the employee's rate of pay
for the last three years of service (provided the amount of accrued vacation time to
be paid is two or three years' worth.)
13) If a City paid holiday falls within an employee's vacation period, an additional day of
vacation will be granted. This additional day may be taken at the beginning or end
of the employee's vacation period or at another time during the vacation year,
subject to the supervisor's approval. (See Holidays, policy 505:1) No allowance will
be made for sickness or other type of absence, except for bereavement, occurring
during a pre-approved/scheduled vacation.
14) Employees have until January 4th each year to use vacation that might otherwise be
lost as well as to use the minimum vacation time as indicated: one to nine years
service requires that one week be taken; ten to nineteen years service requires that
two weeks be taken; twenty years service and over requires that three weeks be
taken.
504-2 Vacation Leave for Command Staff Page 4 of 4
144
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City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name RETIREMENT BENEFITS FOR COMMAND STAFF (NEW)
Policy Number 503:2
Effective Date 5/18/17
Revision Date(s)
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
It is the policy of the City to provide eligible employees with retirement benefits.
ELIGIBILITY:
All regular appointment full time Sworn Command Staff Members not covered under the
Collective Bargaining Agreement and holding the position of Police Chief, Police Captain,
or Police Lieutenant. (Note: Additional positions may be eligible as prescribed by
employment agreement or as directed by the City Commission or City Manager.)
RETIREMENT PLANS:
The City of Sunny Isles Beach is a Florida Retirement System (FRS) agency and all new
hires are required to be enrolled. Pursuant to state law and FRS rules, eligible employees
are those employees who are appointed into a regular full-time or part-time City position
no matter how many hours scheduled to work. Temporary and intermittent employees
are not eligible. Command Staff members shall be classified as "Special Risk" in
accordance with state law.
Eligible employees and the City will make retirement contributions pursuant to current
FRS rules and contribution rates.
The City requires advance notice of an employee's intent to retire or enter the Deferred
Retirement Option Program (DROP). It is the desire of the City to receive at least a three
(3) month advance notice and, preferably, not less than three (3) months prior to the end
of the fiscal year.
PROCEDURE:
1) Florida Retirement System (FRS)
503:2 Retirement Benefits for Command Staff Page 1 of 6
145
a) Upon appointment as a City employee in a regular City position, the employee
will be enrolled into the defined benefit FRS pension plan effective the date of
the regular appointment. The employee has the option to elect the FRS
Investment Plan and must inform the Division of Retirement directly within the
allotted time.
b) Vesting schedules vary per plan and are determined by Florida State Statutes.
c) All information regarding individual employee FRS accounts are administered
by FRS and can be attained by individual employees by either going on-line
and accessing individual FRS account information or by contacting FRS
directly. The Human Resources Department has information regarding FRS
contact numbers and on-line internet addresses.
2) Voluntary ICMA 457 Deferred Compensation Plan
The City offers a voluntary Section 457 tax deferred retirement savings program
through the ICMA. This plan is available to eligible employees who wish to
supplement future retirement income. The plan allows employees to put aside a
portion of their earnings, up to the current federal limit, each pay period into an
account for their retirement and reduce the amount of earnings that is currently
taxable. The Human Resources Department administers this program through the
ICMA.
3) Voluntary ICMA Roth IRA Plan
The City offers a voluntary Roth IRA plan. This plan is available to eligible
employees who wish to supplement future retirement income. The plan allows
employees to put aside a portion of their earnings, up to the current federal limit,
each pay period into an account for their retirement. The Human Resources
Department administers this program through the ICMA.
RETIREE HEALTH INSURANCE:
1) Eligibility:
a. Eligible full-time employees of the City that are participants in the City's
Health Insurance plans (the Plan) at the time of their retirement shall be
afforded the option of continuing to participate in the Plan(s) as a
Retiree. A"Retiree" is defined as an employee who voluntarily withdraws
from one's position and qualifies as a retiree under Section 112.0801(2),
Florida Statutes. The Retiree and any eligible dependent(s) may
503:2 Retirement Benefits for Command Staff Page 2 of 6
146
continue participation under the Plan(s) effective the first day of the
subsequent month following the employee's separation of service.
Retirees can elect to continue coverage only for dependents that are
enrolled in the Plan(s) or elect to remove the dependents.
b. The benefits continued under retiree coverage include the same health,
prescription, vision and dental coverage that the employee received as
an active participant in the Plan.
2) Procedure:
a. Upon retirement, the Human Resources Department will notify the
employee of the option to continue the health benefits. Employees
wishing to continue coverage as a Retiree must elect the coverage
within 60 days. The City utilizes a third party administrator for election
notifications and payment administration. Coverage through the active
group terminates the end of the month in which the employee retires,
providing premiums are paid in full. Coverage as a Retiree begins the
first of the month following retirement, providing payment is received.
The option to enroll in the City's health insurance plan upon retirement
is a one-time option, which must be exercised on or before the last day
of employment with the City.
b. The Retiree must pay a monthly Retiree contribution rate applicable to
the covered class (i.e., employee, employee plus spouse, employee
plus children, or family) elected for continuation. The retiree contribution
rate is established at 100% of the determined costs for the class of
coverage elected, and is assessed annually for rate adjustments each
March 1. The City will not pay the costs, or a portion thereof, of any such
continuation coverage for its Retirees and eligible dependents.
c. Once the City's health plan coverage for employees and their
dependents with Medicare changes to Retiree coverage, the Medicare
coverage will generally become primary and the City's health plan
coverage will become secondary to the Medicare coverage.
d. Retiree health insurance payments are due on the first day of each
month of continuation coverage. A grace period of 30 days after the first
day of the month will be given to make each monthly payment.
Continuation coverage will be provided for each month as long as
payment for that month is made before the end of the grace period for
that payment. If the Retiree fails to make a monthly payment before the
end of the grace period for that month, they will lose all rights to
continuation coverage under the Plan and the benefits will be
terminated.
503:2 Retirement Benefits for Command Staff Page 3 of 6
147
e. If Retiree health insurance coverage is terminated, it cannot be
reinstated and COBRA continuation coverage will not be available.
f. Retirees may cancel health, dental and/or vision coverage during the
year, however, they may not rejoin the plan at a later date once coverage
is cancelled. The change will become effective the end of the month the
request is received. If cancellation is due to other insurance coverage,
the cancellation will be done to coincide with the effective date of the
new coverage providing proof of other insurance is provided, the request
is timely and claims have not been incurred under the plan you are
cancelling. Dependent coverage ceases upon cancellation of Retiree
coverage. At that time, dependents will be offered continuation coverage
under the provisions of the Consolidated Omnibus Budget
Reconciliation Act (COBRA).
g. Dependents may be added mid-year or outside of the annual benefits
open enrollment period if there is a "Qualifying Life Event". Qualifying
Life Events are defined by the Internal Revenue Service (IRS) and
include:
i. Change in Retiree's legal status including marriage, divorce, and
death of spouse/domestic partner.
ii. Change in the number of dependents the Retiree has for federal
income tax purposes due to events such as birth, adoption,
placement for adoption or death.
iii. The termination or commencement of employment of the
Retiree's spouse/domestic partner or other enrolled dependent.
iv. An event that causes the Retiree's dependent child to satisfy or
cease to satisfy the requirements for coverage due to attainment
of age.
v. A court order or judgment, decree or change in legal custody
including a qualified health child support order.
vi. Entitlement to or loss of Medicare eligibility for Retiree and/or
dependents.
vii. Entitlement to or loss of Medicaid/Children's Health Insurance
Program (CHIP) eligibility (60 days allowed to exercise this
HIPAA Special Enrollment Rights).
503:2 Retirement Benefits for Command Staff Page 4 of 6
148
viii. Differences in the open enrollment periods between the City and
another employer affecting the Retiree's spouse or dependent.
h. Requests to add a new dependent must be received by the Human
Resources Department within 30 days of the event (60 days for
newborns/adoptions/ placement for adoption/entitlement to or loss of
Medicaid/CHIP). If the supporting documentation (example marriage
certificate, birth certificate etc.) is not readily available, the Retiree must
provide it as soon as it becomes available. The types of documentation
required to support the change in status will be determined by Human
Resources and communicated to the Retiree upon request for
enrollment. Once approved, the change will become_effective the first
day of the month following receipt of the request, providing supporting
documentation is provided.
i. Dependent children ages 26 - 30 are eligible for group health coverage.
Chapter 627.6562 of the Florida Statutes, stipulates that the child must
be unmarried without any dependents, a resident of the State of Florida
or a full-time or part-time student and is not provided coverage or is not
a covered person under any other group health insurance policy or
individual health benefits plan, or is not entitled to benefits under Title
XVIII of the Social Security Act. Retirees enrolling a new dependent child
age 26+ must provide supporting documentation that the child was
continuously covered by other creditable coverage without a gap in
coverage of more than 63 days.
RETIREE HEALTH INSURANCE STIPEND:
1) Eligibility and Provisions:
a. Retired employees with twenty (20) years or more of sworn service with
the City shall receive a $500 a month stipend until the age of 65 at which
time the $500 stipend shall be reduced to $250 a month for two (2) years
from the date the employee reached the age of 65. If the retired
employee has health insurance coverage from previous or current
employment or from a spouse, the employee shall not be eligible to
participate in the retirement health benefits program. In order to qualify
for this retired health benefit, the retired employee shall execute an
affidavit on an annual basis attesting that they are not receiving other
moneys to pay for their health insurance premiums. Employees who
were hired as a part of the original group of police officers at the time of
the creation of the police department, shall be eligible for the retirement
health benefits program discussed herein.
503:2 Retirement Benefits for Command Staff Page 5 of 6
149
b. The $500 stipend shall be used exclusively to pay health insurance
premiums. The stipend may be reduced if the retired employee's
monetary contribution to a health insurance plan is less than the stipend.
c. Retirees will have the option to select whether or not payments made
under the Retirement Health Stipend Plan are subject to federal taxes.
d. Payments may be classified as a "Nontaxable Fringe Benefit" under the
following conditions: Retiree must provide proof of prior payment of
premiums (i.e. receipts — for Medicare Part B or any other type of
covered health insurance premiums). Retiree will be reimbursed by the
City not to exceed the amount paid directly by the retiree. No tax
document (i.e 1099 or W-2) shall be issued or required.
e. Payments may be classified as a "Taxable Fringe Benefit" under the
following conditions: Retiree is not required to provide, or is unable to
provide proof of payment of premiums. Retiree will be paid the amount
due under the Stipend Plan through a payroll check with appropriate
income tax and FICA deductions. A W-2 will be issued annually to the
retiree. Florida Retirement System ("FRS") will be unaffected, as
payments to retirees are not"wages" and will not be reported to the FRS
as such.
f. The City has the absolute right to terminate payments under the
Retirement Health Stipend Plan if the retired employee has either
falsified information or not disclosed any other provisions of health
insurance or failed to meet the eligibility requirements in any way set
forth in this policy.
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150
FS �-J:' 's,e, City of Sunny Isles Beach
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MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 5/18/2017
RE: Supporting Approval of Personnel Policies for Sunny
Isles Beach Police Department Command Staff
RECOMMENDATION:
Two new personnel policies relating to Retirement Benefits and
Vacation Leave for the City's Police Department Command Staff are
on the agenda for consideration.
REASONS:
Unlike the sworn officers who are members of the Collective
Bargaining Agreement, the Command Staff does not receive overtime
when working during emergencies and unforeseen circumstances that
require extra hours, such as the recent gas leak and the change in the
school traffic patterns. The Vacation Leave - Command Staff policy
allows Command Staff to carry over up to 800 hours of unused
vacation leave. Current policy allows for up to 600 hours of
accumulated vacation leave to be carried over. This change will offset
some of the additional hours that our Command Staff work but don't get
paid for during unplanned and/or emergency situations.
The Retirement Benefits for Command Staff policy provides our
Command Staff with the same retirement benefits that are currently
available to sworn officers who are members of the Collective
Bargaining Agreement.
ATTACHMENTS:
137
Description
Resolution
Vacation Leave Accrual
Retirement Benefits for Command Staff
Item Number: 10.C.
138