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Home My WebLink AboutR-76-0335RVC/rb 3/17/76 FOLLOW ' RESOLUTION NO. 76 335w A RESOLUTION AUTHORIZING THE PAYMENT OF BENEFITS, UNDER RESOLUTION NO, 39802 ENACTED DUNE 20, 1968 OTHERWISE KNOWN AS THE SUPPLEMENTARY DISABILITY SALARY RESOLUTION, TO CITY EMPLOYEES WORKING FULL TIME UNDER THE MANPOWER PROGRAM, OTHERWISE KNOWN AS THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF THE FEDERAL GOVERNMENT, FROM FUNDS FURNISHED THE CITY UNDER THE SAID MANPOWER PROGRAM, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The benefits provided for under Resolution No. 39802, enacted June 20, 1968, otherwise known as the Supplementary Disability Salary Resolution, a copy of which is attached hereto and made a part hereof, shall he payable to City employees working full time under the Manpower Program, otherwise known as the Comprehensive Employment and Training Act of the Federal Government, from funds furnished the City under said Manpower Program. PASSED AND ADOPTED this 25 day of MARCH 1976. MAURICE A, FERRE H, IJ, SOUTHERN CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: N S, LLOYD ty Attorney MAYOR "DOCUMENT INDEX ITEM NO. 0 " Cfl Y CQMMIS$;Or MEETING OF MAR25 RESOLUTION TKO REMARKS; ,..,►,,,►.,,.,.a,.,,.,.,,:., RESOLUTION NO. 7,9802 \ RESOLUTION TO PROVIDE A BASIS FCR :ECOM- PENSE TO AND FOR FULL TIME OFFICERS AND EMPLOYEES WHO HAVE BECOME DISABLES AS A RE- SULT OF INJURY IN LINE OF DUTY IN AN AMOUNT EXCEEDING THE COMPENSATION DUE, IP ANY, FOR DISABILITY WITHIN THE MEANING OF CHAPTER 440 OF THE FLORIDA STATUTES; FURTHER PRO- VIDING THAT SUCH RECOMPENSE BE THE SUBJECT OF A WRITTEN INSTRUMENT OR INSTRUMENTS EXE- CUTED BY SUCH OFFICERS OR EMPLOYEES WHEREBY THEY, IN CONSIDERATION OF RECEIVING OR HAV- ING RECEIVED BENEFITS HEREUNDER, AGREE TO REIMBURSE THE CITY OF MIAMI TO THE FULL EXTENT OF ANY BENEFITS RECEIVED OR TO BE RECEIVED HEREUNDER FROM THE SETTLEMENT PROCEEDS, IF ANY, OF DAMAGE CLAIMS OR SUITS IN FAVOR OF SUCH OFFICERS OR EMPLOYEES AGAINST THIRD PARTIES BY REASON OF LIABILITY ARISING OUT OF ACTS OF NEGLIGENCE OR OTHER LEGAL WRONGS RESULTING IN THE INJURY AND "�U�'e. �TI1/E DISABILITY FOR WHICH RECOMPENSE IS MADE OR v SOUGHT HEREUNDER AND WHEREBY SUCH OFFICERS (� O�( 1 (Y n r FT+ 1 OR EMPLOYEES ALSO ASSIGN TO THE CITY MANAGER L./ J `�.i i 4 _ V t `� OF THE CITY OF MIAMI FOR THE LSE AND BENS- FOLLOW" FIT OF THE CITY OF MIAMI TO THE FULL EXTENT 1� OF AND FURTHER AUTHORIZING THE CITY MANAGER IN ANY BE�"i.i ITS RECEIVED CXX ^J. J BE RECEIVEDRECEIVEDHEREUNDER THEIR RIGHT TO RECOVER FROM THE PROCEEDS, IF ANY, OF DAMAGE CLAIMS OR SUITS IN FAVOR OF SUCH OFFICERS OR EMPLOYEES AGAINST THIRD PARTIES BY REASON OF LIABILITY ARISING OUT OF ACTS OF NEGLIGENCE OR OTHER LEGAL WRONGS RESULTING IN THE INJURY AND DISABILITY FOR WHICH RECOMPENSE IS MADE OR SOUGHT HEREUNDER; PROVIDING THAT THE CITY MANAGER SHALL NOT ENFORCE THE ASSIGNMENT HEREUNDER FOR ONE YEAR FROM THE ACCRUAL OF T E CAUSE OF ACTION AGAINST THIRD PARTIES; APPROPRIATE CIRCUMSTANCES TO ACCEPT IN SET- `- 7M7 T LOSS THAN THE FULL .AMOUNT OF E" B��•iE- TS ?RC'J? D HEREUNDER REPEALING RESOLUTION NO. 3054-) AND ALL RESOLUTIONS OR PARTS THERE- CF, EN CONFLICT HEREWITH. sir •n �� i.lRESOLVED 3? THE CnvYISJ }OiOF _ E OF YI ; ect jn l.. That an? full time o f f iter or employee 1,.0.0 in the opinion of : heCi t y Manager, is tempor'a2'. ily d3.3- abled as a result of an injury received in the performance of duty which disability prevents the employee from per- forming such duties as are assigned to him, within his classification, shall be entitled to pay equal to the dif- ference between his full salary and Workmen's Compensation benefits, if any, due or paid him as a result of said in- jury for the period of such disability, said entitlement period not to exceed one hundred twenty (120) daysk .oM;"' 1 ! E Section 2. An injured officer or employee wh0 i^. 5 • the date of commencement of such disability. received benefits pursuant to Section 1 hereof, who, in the op:iniOn of the City Manager, is unfit to return to such duty as may be assigned to him, within his classification, at the expiration of the one hundred twenty (120) day period as aforesaid, may, at the discretion of the City Manager, re- ceive pay equal to the difference between his full salary and Workmen's Compensation benefits, due or paid to such .-mpleyee as a result of the aforesaid injury for an addi- tional period of such disability, said additional period not to exceeLi sixty (60) days, -:section 3. An injured officer or employee who has received benefits pursuant to either Section 1 or Section 2 hereof wiv- , in the opinion of the City Manager, .is 'terporar ily 2 :i:..Jab1ed .and who, in the oo_nion re` the City Manauer, til l i : tJ _ atur n to such duty es may be a ss i:aned to him, with- in his classification, at the expiration of the time periods et. either Section 1 or Section 2 as aforesaid, shall be en- tir.1 d to pay equal to the .:'ifference between 2/3 of his Full salary and Workmen's Compensation benefits if any, due or paid him as a result of said injury for the additional period of such disability. Section 4. In the event such injured officer or em- ployee who has commenced receiving benefits pursuant to either Section 1, 2 or 3 hereof is considered by the City Manager to likely be permanently and totally incapacitated for the further performance of the duties of his classified position, his Department Head shall within ten (10) days of such determination apply to the Retirement Board for lent of the employee. After 120 days from the data of th commencement of disability such injured employee shall be entitled to pay in an amount ecual to the difference between two-thirds (2/3) of his full salary and Workmen's Compensa- tion benefits, if any, due or paid as a result of the afore- said injury for an additional period of such disability, un- til his retirement is granted or denied. Section 5. Tn the e er.t there is a t.ecermi nation by ui._ie'_ forum that an employee was disabled as a result :)' an ! r - .:v arising out of and in the course of his City .. lolo'.-r.t'nt , said erno L ovee havinq hereto been denied benef its under this `resolution on the ground that the injury was not en l.. • ._ _ i.:: line of duty, said employee may petition the City en y;:; r for reconsideration of the original denial and ._he L-..!Ly :,tanager, in his di_sc:rtion after a _:'view of the appropriate iate judicial oroceedirtgs, ray .at that time declare si.tch uortions of ,i3 resolution as he may deem appropriate to be aptli able to said employee. Section 6. At any time during his absence from duty claimed to be a result of disability due to an injury in line of duty, an employee shall be required upon the request of the City Manager or his designee to submit to physical examination or examinations by a physician or physicians designated by -the City Manager, within 15 days after receiving notice of said request. If such employee, without cause, as determined by the City Manager, shall fail to submit to the examination at the time soecified, all benefits hereunder shall be terminated. Section 7. All injured officers or employees who have commenced receiving benefits pursuant to either Section 1, 2, 3, or 4 hereof, shall, as a condition precedent to the receipt of any further benefits pursuant to either Section 1, 2, 3 or 4 hereof, at the request of the City Manager or his designee, be required to forthwith execute a written sealed instrument or series of written sealed instruments before a Notary public whereby such injured officer or employee on behalf of himself, his heirs, assigns, executors or adminis- tr.ntor.s a) acknowledges his receipt of any benefits pre- viously paid; (b) requests that he continue to be provided •.iith the same; (c) agrees that in consideration of the past and/or prospective payment of such benefits hereunder, he ; L?__ for which recompense is made or sought hereunder. The City V will reimburse the City Aiami to the Lull extant of all such benefits received or to be received hereunder from the settlement proceeds, if any, of damage claims, demands, entitlements, suits, .judgments or arbitration awardswhich he has or may have by reason of any liability of third parties arising out of acts of negligence or other legal wrongs resulting in the injury and disability for which re- compense is made or sought hereunder; and (d) assigns to the City Manager of the City of Miami for the use and bene- fit of the City of Miami to the full extent of all such benefits received or to be received hereunder, his right to recover from the proceeds, if any, of all damage claims, demands, entitlements, suits, judgments or arbitration awards which re has recovered or may recover against third parties by reason of liability arising out of acts of negligence or ocher loyal '.vronys resulting in the injury and disability Manager shall not bring suit to enforce the rights of the City arising under said assignment until one year has elapsed from the accrual of the cause of action against said third parties. The City Manager is hereby authorized to accept a sum in a lesser amount than the full extent of the benefits provided for hereunder upon recommendation of the C. is ,. Attorney, in appropriate circumstances in the best of bosh the City of :+ia:ni and the employee concerned, '.).:i h Lef='':)C:: or :::ter arty recovery is made by the employee as set forth herein. _action 3. The City Manager, ::i ail matters here- under er Lr which he is entitled to exercise his discretion or opinion, may acpotnt an advisory committee for the pl.2r- pJses of making recommendations to hin on -natters under consideration, said committee to consLst of a Department Head, the City Physician, and one other person in the em- pLov of the City. The Committee shalt make its recommenda- tion in writing to the City Manager. Section 9. That Resolution No. 30549 and all resolu- tions, or Darts thereof, in conflict herewith, be and the same are hereby repealed and declared to be of no further force and effect. 20th June PASSED AND ADOPTED this day of , 1938. PREPARED BY: Robert F. Clark Assistant City 23.ttorney REVIEWED BY: Lock R. Rice, Jr. Assistant Director APPROVED, AS TO' FORMJAND E,�GALITY: r • /! r 1 i t / / . . Alan H. Rothstein City Attorney • -L. • -••.,a•. -• " 4 ... •'�J •.'.w...0 Gi 0 nol EAU1v. , 7... —. .. ._• ^, =c ccp,I vh._ Ol;tiini ioc :.:L .;aid. June, 1968 n i.(4 20th N.... 39802. U zhi3 15th ..1 of December, 1970. • •