HomeMy WebLinkAboutLegislation SR (Version 2) 09-15-11Second Reading Ordinance
City ot Miami
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, subject to review and approval as to legal sufficiency by the City Attorney,
and City Commission approval, grant severance pay to unclassified employees who hold executive
status, if the severance pay represents the settlement of an employment dispute. Severance Pay shall
not be given if:
(1) The employee voluntarily resigns; or
(2) The employee retires; or
(3) The employee is terminated for cause
As used in this subsection, the term "severance pay" means the actual or constructive
compensation, including salary, and benefits, for employment services yet to be rendered which is
City of Miami
Page 1 of 3 File Id: 11-00622 (Version: 2) Printed On: 8/30/2011
File Number: 11-00622
provided to an employee who has recently been or is about to be terminated. The term does not'
include compensation for earned and accrued annual, sick, compensatory, or administrative leave
(c) Severance pay authorized under this section may be granted based on the employee's length of
service but shall not exceed the following:
1. Less than 12 months of service None
2. 12 months to 24 months of service Up to a maximum of 15 working days' salary
3. More than 24 months of service Up to a maximum of 6 weeks salary
(d) Receipt of severance pay is contingent upon the effected employee's execution of an
Acknowledgment, Waiver and Release Agreement in a form acceptable to the City Attorney.
(e) All unclassified employees, regardless of whether they are granted severance pay as described
above, are entitled to payment for unused vacation and sick leave consistent with City policy.
(1) If severance pay is approved by the City Commission, the City Manager may authorize an
employee to be carried on administrative leave in lieu of receipt of a lump sum payment.
(2) An employee granted severance pay, 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
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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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