Miami-Dade Legislative Item
File Number: 122163
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File Number: 122163 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1038-12 Control: Board of County Commissioners
File Name: RESOLUTION APPROVING REIMBURSEMENT TO RODNEY BERRY Introduced: 10/25/2012
Requester: Water & Sewer Department Cost: Final Action: 12/4/2012
Agenda Date: 12/4/2012 Agenda Item Number: 8O1
Notes: Title: RESOLUTION APPROVING REIMBURSEMENT TO RODNEY BERRY, IN AN AMOUNT NOT TO EXCEED $5,394.08, FOR THE THEFT/LOSS OF PERSONAL TOOLS STOLEN FROM HIS COUNTY VEHICLE #27782, IN ACCORDANCE WITH SECTION 2-11.13 OF THE CODE OF MIAMI DADE COUNTY AND ADMINISTRATIVE ORDER 7-23; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN
Indexes: NONE
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/4/2012 8O1 Adopted P

Infrastructure and Land Use Committee 11/15/2012 3H Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolution into the record. Chairwoman Edmonson relinquished the Chair to Vice Chairwoman Jordan. Hearing no questions or comments, the Committee members proceeded to vote on the foregoing proposed resolution, as presented. Chairwoman Edmonson resumed the Chair.

County Attorney 10/26/2012 Assigned Henry N. Gillman 10/30/2012

County Mayor 10/25/2012 Assigned County Attorney 12/4/2012
REPORT: W&S- Pending Cmte (Henry G)- Commissioner Edmonson sponsor

County Mayor 10/25/2012 Assigned Alina Tejeda-Hudak

Legislative Text


TITLE
RESOLUTION APPROVING REIMBURSEMENT TO RODNEY BERRY, IN AN AMOUNT NOT TO EXCEED $5,394.08, FOR THE THEFT/LOSS OF PERSONAL TOOLS STOLEN FROM HIS COUNTY VEHICLE #27782, IN ACCORDANCE WITH SECTION 2-11.13 OF THE CODE OF MIAMI DADE COUNTY AND ADMINISTRATIVE ORDER 7-23; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the reimbursement to Rodney Berry, in an amount not to exceed $5,394.08, for the theft of personal tools while stored on County property in accordance with Section 2-11.13 of the Code of Miami Dade County and Administrative Order 7-23; and authorizes the County Mayor or County Mayor’s designee to exercise any and all other rights conferred therein.

HEADER
Date:     

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution authorizing the reimbursement of stolen tools while stored on County Property to Rodney Berry pursuant to Section 2-11.13 of the Miami-Dade County Code and Administrative Order 7-23
..RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the reimbursement of stolen tools to Rodney Berry pursuant to Section 2-11.13 of the Miami-Dade County Code and Administrative Order 7-23. The Miami-Dade Water and Sewer Department (WASD) will reimburse Rodney Berry in an amount not to exceed $5,394.08 for specialized tools that were stolen from his assigned County vehicle while he was on-call duty.

SCOPE
This item complies with Administrative Order 7-23: Reimbursement to County Employees for Loss of Personal Property and Section 2-11.13 of the Code of Miami-Dade County.

FISCAL IMPACT/FUNDING SOURCE
The fiscal impact to the County is in the amount of $5,394.08. It is a one-time payment to Rodney Berry. The funding source is WASD’s operating revenues.

TRACK RECORD/MONITOR
WASD’s Assistant Director of Finance, Frances G. Morris will oversee the reimbursement to Rodney Berry.

BODY
Pursuant to the provisions of Section 2-11.13 of the Miami-Dade County Code, it is the policy of the County to provide reasonable reimbursement to its employees for loss or damage to their personal property when that loss or damage was incurred in the discharge of the employee’s assigned duties, was not the result of employee negligence and could not otherwise be compensated.

On May 16, 2011, Rodney Berry, a Water & Sewer Utility Equipment Technician, found that the lock to his toolbox on his County vehicle had been broken and all tools inside the box had been stolen. Mr. Berry was working on-call at the time. The incident was reported to the Miami-Dade Police Department and his supervisor confirmed the value of the stolen tools at approximately $14,985.87. The stolen tool list eligible for reimbursement was further reviewed and was adjusted to $5,394.08, which represents the actual tools required by Mr. Berry’s position classification.

Employees in Mr. Berry’s classification receive a total of $500 per year as a tool allowance to purchase any specialized tools necessary to carry out their work related responsibilities. Mr. Berry has been receiving a tool allowance since 1997, as such, he did not suffer any out-of-pocket loss when the tools were stolen. However, per Administrative Order 7-23, which clarifies the policy set forth in Section 2-11.13 of the Miami Dade County Code, Mr. Berry, because of his position classification, is entitled to reimbursement for the loss of tools upon affirmation of the supervisor that

the employee did in fact possess the required tools. In presenting this claim for reimbursement, WASD has complied with Section 2-11.13 of the Miami-Dade County Code and Administrative Order 7-23, “Reimbursement to County Employees for Loss of Personal Property.”

This request for reimbursement for Rodney Berry has been approved by the Internal Services Department and the Office of Management and Budget, as required by the aforementioned administrative order.


___________________________
Alina T. Hudak
County Manager/Deputy Mayor



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