HomeMy WebLinkAboutReso 2018-2774 RESOLUTION NO. 2018- 2. 1
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
AMENDMENTS TO THE CITY'S PERSONNEL POLICY
MANUAL ATTACHED HERETO, IN SUBSTANTIALLY
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 Personnel Policy 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 o January 2018.
George H. choll, Mayor
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Mauricio Betan ur, CMC, City Clerk
P2018 Personnel Policy Amendment Page 1 of 2
APPROVED AS TO FORM
ANDAIL AL Si . E IENCY
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.ns ttmo, City Attorney /�
Moved by: CovalimssioNa Ll 4'-77)
Second by: J I k *1111612- dpG-t44A4-!‘a
VOTE:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Goldman / (Yes) (No)
Commissioner Aelion I(Yes) (No)
Commissioner Gatto V (Yes) (No)
Commissioner Svechin (Yes) (No)
R2018 Personnel Policy Amendment Page 2 of 2
Summary of Policy Changes for January 18 2018
Policy # Policy Name Status Comments
•
1 307:1 Pay Procedures Revision Revising language on City authorized holidays to be
consistent with current practice.
2 503:1 Retirement Benefits Revision Updating procedures on page 1 to be consistent with
SB7022
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^ Personnel Policy and Procedure
Policy Name PAY PROCEDURES
Policy Number 307:1
Effective Date 10/1/04
Revision Date(s) 6/1/05; 1/18/18
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
It is the policy of the City to pay employees by direct deposit (or by check if direct deposit
is not a viable option) on a bi-weekly basis and in a manner so that the amount, method,
and timing of wage payments comply with any applicable laws or regulations.
PROCEDURE:
1) Employees normally will be paid bi-weekly (26 times annually) every other Friday.
If the regular payday occurs on a holiday, employees will be paid on the last
working day before the regular payday.
2) Employees on each payday will receive, in addition to their check or deposit
information, a st atement showing gross pay, deductions, and net pay. Local, state,
federal, and Social Security taxes will be deducted automatically. No other
deductions will be made unless required or allowed by law, contract, or employee
obligation. Employees may elect to have additional voluntary deductions taken
from their pay only if they authorize the deductions in writing.
3) Employees who discover a mistake in their paycheck, lose their paycheck, or have
it stolen should notify the Human Resources Department and the Finance
Department immediately. In the case of a mistake, the error will be remedied
promptly. In the case of loss or theft, the Finance Department will attempt to stop
payment on the check and issue a new check to the employee. However, the
employee is solely responsible for the monetary loss, and the City will not be
responsible for the loss or theft of a check if it cannot stop payment on the check.
4) Employees who are eligible for, and have scheduled, vacation may receive an
advance pay on their accrued vacation time as long as a request for the advance
pay is submitted to the Finance Department at least one pay period (and not more
than 30 days) before the start date of the vacation. Under normal circumstances,
no other advances or loans for employees will be made without the prior approval
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307-1 Pay Procedures Page 1 of 3
of the City Manager. (note: advance pay on accrued vacation time needed due to
emergency circumstances such as illness or off-the-job injury may be considered
and approved by the City Manager on a case-by-case basis and will not be deemed
as precedent setting)
5) Non-exempt employees (those not exempt from the provisions of the Fair Labor
Standards Act) will be paid overtime compensation or be granted compensatory
time at the rate of one and one-half times their regular hourly rate for work in
excess of forty (40) hours during their normal workweek.
Also:
a) Sworn police officers, Sergeants and below, are under a FLSA Public Safety
7 (k) work period exemption which allows for overtime on a per shift basis
and/or after an 86-hour work period;
b) Police dispatchers are eligible for overtime on a per shift basis or after a 40-
hour work period;
c) Deviations from or additions to the shift overtime application as stated
above, require the City Manager's approval.
6) In calculating overtime, paid time-off (at employee's discretion) such as vacation,
sick leave, floating holiday, and comp time are typically not authorized to be
counted as time worked. However, they can be used in emergency or exceptional
circumstances with prior approval by the City Manager provided:
a) The employee's paid time-off was requested/scheduled well in advance
(pursuant to City policy); and
b) The overtime work was unforeseen by management (i.e., the employee's
co-worker calls in sick which requires management to schedule, on short
notice, the employee for overtime work); and
c) The overtime work was scheduled or requested by management after the
employee received approval for paid time off; and
d) Management receives approval from the City Manager, as indicated above,
of the use of the employee's paid time off in the calculation of overtime.
(Note: management reserves the authority to not approve the paid time-
off/overtime calculation based on financial or other considerations.)
7) City authorized holidays - e - •- ••- - - - -- • -e - •- -• - - -- will not
be counted as time worked in overtime calculations.
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307-1 Pay Procedures Page 2 of 3
8) For policies and procedures regarding on-call and reporting pay, see Hours of
Work, policy 213:1. For policies and procedures governing pay upon termination,
see Separation of Employment, policy 217:1.
9) Employees should discuss any questions or concerns regarding their rate of pay
and other compensation issues with their department head, the Human Resources
Department or with the Finance Department.
10)Administrative Overtime Pay will be paid on a per shift basis for hours worked
beyond the employee's normal work schedule during a declared "State of
Emergency". The City Manager has sole authority to declare a "State of
Emergency" as per City ordinance. An "Emergency" ,as defined by City
Ordinance, means a condition that threatens or adversely affects the public health,
safety, general welfare or security and which is or threatens to be beyond the
control of those public and private agencies normally responsible for the
management of such a condition, resulting from an act or imminent threatened act
of war, riot, terrorism, mob or other acts of violence; from conflagration, explosion,
hazardous materials incident or release; from a weather event such as a flood,
hurricane or tornado; from a disruption in the City's utility, or other utility system;
from any other cause, reason, condition, or circumstance. Administrative Overtime
Pay during a declared "State of Emergency" applies to all the following:
a) Exempt Management employees;
b) Exempt Non-management employees; and,
c) Non-exempt, Non-management employees.
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307-1 Pay Procedures Page 3 of 3
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10-;,. ^ City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name COMPENSATORY TIME
Policy Number 308:1 (NEW)
Effective Date 1/18/2018
Revision Date(s)
Prepared By (Title) Human Resources Director
Approved By (Title) City Manager
POLICY:
To establish criteria relative to the eligibility, accrual and utilization of compensatory time
in accordance with the Fair Labor Standards Act (FLSA). Compensatory time is defined
as time off from work in lieu of monetary payment for having worked in excess of the
scheduled work period.
ELIGIBILITY:
Nonexempt employees covered by the Fair Labor Standards Act (FLSA) as amended.
POLICY:
1. Compensatory time will be granted at time and one-half for all hours worked in
excess of 40 hours per week or other permissible work schedules as permitted by
law.
2. Compensatory leave may be accrued by nonexempt employees up to a maximum
of one hundred fifty (150) hours of compensatory time at the discretion of the
Department Director.
3. The earning and use of compensatory time must comply with the provisions set
forth in this and other related policies in order to be considered authorized and
valid.
PROCEDURE:
1. Nonexempt employees will be allowed to utilize compensatory leave provided
reasonable written notice of utilization is given. The Department Director must
authorize all compensatory leave use based on departmental operations not being
unduly disrupted by the employee's use of compensatory leave. The nonexempt
employee will be advised of the approval or denial of the request.
Policy 308:1 —Compensatory Leave Page 1 of 2
2. Upon a nonexempt employee's departure from City employment, accrued
compensatory time shall be paid out in a monetary lump sum in accordance with
FLSA guidelines in effect at the time of departure. Compensatory time will be paid
at the employee's rate of pay in effect at the time the compensatory time was
earned or accumulated.
Policy 308:1 —Compensatory Leave Page 2 of 2
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City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name RETIREMENT BENEFITS
Policy Number 503:1
Effective Date 10/1/04
Revision Date(s) 5/18/17; 1/18/18
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.
RETIREMENT PLANS:
The City of Sunny Isles Beach is a Florida Retirement System (FRS) agency and as of
November 1, 2002, all new hires were required to be enrolled. Employees hired prior to
this date were required to make an election to either stay with the then City retirement
plan (a 401A defined contribution plan) or elect to join the FRS.
•
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.
Eligible employees and the City will make retirement contributions pursuant to current
FRS rules and contribution rates, approved by the State of Florida.
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)
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
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503-1 Retirement Benefits Page 1 of 6
to elect the FRS Investment Plan or the Pension Plan and must inform the
Division of Retirement directly within the allotted time. Employees who do
not make an active election to participate in either the Investment Plan or
the Pension Plan within the allotted time will default into the Investment
Plan, with the exception of employees in the Special Risk Class position,
who will continue to default to the Pension Plan.
b) Management employees appointed into a designated FRS Senior
Management position will be provided those elections pursuant to FRS rules.
If the position has not been designated as a FRS Senior Management position,
the Human Resources Director will follow FRS procedures to do so (senior
management positions not already designated as FRS Senior Management
positions may have the opportunity to select FRS or to select the City's 401A
management plan provided the current FRS rules provide for such election).
c) Vesting schedules vary per plan and are determined by Florida Statutes.
d) 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) ICMA 401A Plan
a) Employees who were given a choice to remain in the City's defined
contribution 401A retirement plan as of November 1, 2002, and chose to
do so, continue to make contributions to the plan pursuant to current plan
requirements, as does the City.
b) Current contribution rates are as follows: the City contributes 11% of
employee's base salary per pay period; non-management employees
contribute 4%; management employees contribute 6%.
c) The City reserves the right to change contribution rates as may be
necessary.
d) The Human Resources Department generally administers the City's 401A
plan which is offered through ICMA. All plan information can be obtained
either through the Human Resources Department or by contacting the ICMA
directly. Employee account information can be accessed by the employee
either on-line or via telephone. The Human Resources Department has
information regarding FRS contact numbers and on-line internet addresses.
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503-1 Retirement Benefits Page 2 of 6
3) 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.
4) 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
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
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503-1 Retirement Benefits Page 3 of 6
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.
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
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503-1 Retirement Benefits Page 4 of 6
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).
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
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503-1 Retirement Benefits Page 5 of 6
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 isp rovided.
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.
3) Employees covered under a Collective Bargaining Agreement should refer to
the Collective Bargaining Agreement for additional benefits, procedures and
information relating to this policy.
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503-1 Retirement Benefits Page 6 of 6
® '.�=
SJNNY r$t$ City of Sunny Isles Beach
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A �� ,; 18070 Collins Avenue
6 :_'.. `V(. . I Sunny Isles Beach, Florida 33160
Ai,,fP9 ,O \or,6.- (305)947-0606 City Hall
4 orsuH''`' (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Stan Morris, Deputy City Manager
9
DATE: 1/18/2018
RE: Resolution to Update Personnel Policies
RECOMMENDATION:
® The attached policies have been updated or created as part of our
ongoing review of the Personnel Policy Manual and are included for
ratification.
REASONS:
We are in the process of doing a comprehensive review of the
Personnel Policy Manual. 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 as well as changes to State •
and Federal Laws, and new ones that need to be added. In the future,
additional policies will be brought to the Commission for ratification on a
periodic basis. .
ADDITIONAL INFORMATION:
Policy# Policy Name Status Comments
1 307:1 Pay Procedures Revision Revising language on City authorized holidays to be
consistent with current practice.
2 503:1 Retirement Revision Updating procedures on page 1 to be consistent with
Benefits SB7022 •
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