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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00622 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE III/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/OFFICERS/CITY MANAGER", MORE
PARTICULARLY BY CREATING A NEW SECTION ESTABLISHING CONDITIONS
UNDER WHICH SEVERANCE PAY OR LEAVE MAY BE GRANTED TO
UNCLASSIFIED SERVICE PERSONNEL APPOINTED BY THE CITY MANAGER
TO POSITIONS HOLDING EXECUTIVE STATUS; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 2/Article III/Division 2 of the Code of the City of Miami, Florida, is amended in
the following particulars: {1}
"CHAPTER 2
ADMINISTRATION
ARTICLE III. OFFICERS
DIVISION 2. CITY MANAGER
Sec. 2-89. Severance Pay for Executive Employees.
(a). The City Manager may, in his or her discretion, grant severance considerations to unclassified
employees who hold executive status when the City terminates the employment of the employee.
Severance considerations shall not be given if:
(1). The employee voluntarily resigns; or
(2). The employee retires; or
(3). The employee is terminated for cause.
(b). Severance pay may be granted based on the employee's length of service but shall not exceed
the following:
City of Miami
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File Number: 11-00622
1. Less than 12 months None
2. 12 months to 24 months Up to a maximum of 15 working days' salary
3. More than 24 months of Up to a maximum of 6 weeks salary
(c). The severance period granted is to include holidays. The City Manager has the sole discretion to
grant less than the maximum days set forth in the schedule.
(d). Receipt of any severance is contingent upon the effected employee's execution of the document
furnished to the employee by the Labor Relations Officer entitled Acknowledgment, Waiver and
Release Agreement and returning said document, fully executed, to the Labor Relations Office within
the time requested by the City Manager.
(e). The City Manager is prohibited from granting severance that exceeds severance as set forth
herein or that which is set forth in any other applicable law.
(f). All unclassified employees, regardless of whether they are granted severance considerations as
enumerated in items 1-3 above, are entitled to payment for unused vacation and sick leave consistent
with City policy for Civil Service employees.
(1). With the City Manager's agreement, an employee may elect to be recorded as being on
administrative leave with pay for the period of severance time granted, if allowed by applicable law.
Selection of administrative leave by the employee may be for the period of time provided in the
Acknowledgement, Waiver and Release Agreement, which is required to be signed by the employee.
(2). An employee not electing the administrative leave option shall receive cash payment as
severance and, in doing so, shall be precluded from being carried on administrative leave.
Employment shall cease upon the employee executing the Acknowledgement, Waiver and Release
Agreement.
(3). An employee granted severance, who elects to be carried on administrative leave for the
severance time, may continue participation in the City's health insurance plan at full cost to the
employee for the period of time on severance leave, not to exceed beyond the month through which
the severance leave was granted.
Section 2. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 3. This Ordinance shall become effective immediately after final reading and adoption
thereof. (2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
City of Miami
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File Number: 11-00622
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and unchanged. Asterisks indicate omitted and
unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the effective
date stated herein, whichever is later.
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