Miami-Dade Legislative Item
File Number: 171498
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File Number: 171498 File Type: Ordinance Status: Adopted
Version: 0 Reference: 17-76 Control: Board of County Commissioners
File Name: ADMINISTRATIVE LEAVE FOR VETERANS Introduced: 6/7/2017
Requester: NONE Cost: Final Action: 10/3/2017
Agenda Date: 10/3/2017 Agenda Item Number: 7H
Notes: Title: ORDINANCE RELATING TO COUNTY EMPLOYEES WHO ARE DISABLED VETERANS; CREATING ARTICLE XI OF CHAPTER 11A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; ESTABLISHING PAID LEAVE FOR MIAMI-DADE COUNTY AND PUBLIC HEALTH TRUST EMPLOYEES TO RECEIVE REEXAMINATION OR TREATMENT FOR MILITARY-SERVICE-CONNECTED DISABILITIES; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PREPARE A REPORT CONTAINING DRAFT PROPOSED AMENDMENTS TO THE COUNTY LEAVE MANUAL AND IMPLEMENTING ORDER CONSISTENT WITH THIS ORDINANCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: VETERANS
  LEAVE TIME
Sponsors: Rebeca Sosa, Co-Prime Sponsor
  Jose "Pepe" Diaz, Co-Prime Sponsor
  Barbara J. Jordan, Co-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 10/3/2017 7H Adopted P
REPORT: First Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. There being no questions or comments, the Board proceeded to vote on the foregoing proposed ordinance as presented.

Government Operations Committee 7/11/2017 1G4 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Michael Valdes read into the record the title of the foregoing proposed ordinance. Chairman Moss opened the public hearing; and upon seeing no one appear, closed the public hearing. Commissioner Sosa reviewed the intent of the foregoing proposed ordinance, reading into the record the eligibility verification component of the item. She thanked Commissioner Diaz, co-Prime Sponsor of the item, for being a Veteran Affairs advocate and stated that she believed the foregoing proposed ordinance was indicative of the County’s efforts to recognize and honor its veterans. Commissioner Diaz thanked his colleague, Commissioner Sosa, for sponsoring the item and allowing him the opportunity to be a co-prime sponsor. There being no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners 6/20/2017 Tentatively scheduled for a public hearing Government Operations Committee 7/11/2017

Board of County Commissioners 6/20/2017 4C Adopted on first reading 7/11/2017 P
REPORT: County Attorney Abigail Price Williams read the title of the foregoing proposed ordinance into the record. Commissioner Sosa noted since the foregoing proposed ordinance pertained to the veterans, Commissioner Diaz would be welcome to be a co-prime sponsor, if he wished. Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as presented. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Government Operations Committee on Tuesday, July 11, 2017, at 1:30 p.m.

County Attorney 6/7/2017 Referred

County Attorney 6/7/2017 Assigned Marlon D. Moffett

Legislative Text


TITLE
ORDINANCE RELATING TO COUNTY EMPLOYEES WHO ARE DISABLED VETERANS; CREATING ARTICLE XI OF CHAPTER 11A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; ESTABLISHING PAID LEAVE FOR MIAMI-DADE COUNTY AND PUBLIC HEALTH TRUST EMPLOYEES TO RECEIVE REEXAMINATION OR TREATMENT FOR MILITARY-SERVICE-CONNECTED DISABILITIES; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PREPARE A REPORT CONTAINING DRAFT PROPOSED AMENDMENTS TO THE COUNTY LEAVE MANUAL AND IMPLEMENTING ORDER CONSISTENT WITH THIS ORDINANCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, according to statistics from the United States Census Bureau, the veteran population in Miami-Dade County is estimated at 56,367 in the years between 2011 and 2015; and
WHEREAS, many veterans return from war with life-altering injuries and disabilities associated with their service; and
WHEREAS, in appreciation of veterans who have demonstrated a commitment to protecting and defending freedom and liberty in the United States by serving in the United States Armed Forces, this Board wishes to establish paid disabled veterans leave for employees of Miami-Dade County and the Public Health Trust to receive reexamination or treatment for military-service-connected disabilities; and
WHEREAS, in establishing paid disabled veterans leave, Miami-Dade County would be following the lead of the United States and the State of Florida, which have provided paid leave for employees with military-service-connected disabilities,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Article XI of Chapter 11A of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
ARTICLE XI. – PAID LEAVE FOR MIAMI-DADE COUNTY AND PUBLIC HEALTH TRUST EMPLOYEES WHO ARE DISABLED VETERANS

Sec. 11A-90. An employee of Miami-Dade County or the Public Health Trust who has been rated by the United States Department of Veterans Affairs or its predecessor to have incurred a disability connected to military service and has been scheduled by the United Sates Department of Veterans Affairs to be reexamined or treated for the disability shall be granted paid leave for such reexamination or treatment without loss of pay or benefits. However, all paid leave credited to an employee under this article may not exceed 24 hours per calendar year, inclusive of all disabilities. This leave shall apply to all full-time non-bargaining unit employees and to all other full-time employees covered by collective bargaining agreements whose agreements explicitly provide for this benefit for the employee.

Sec. 11A-91. An employee who has a part-time or seasonal work schedule shall receive a proportionally equivalent amount of disabled veterans leave based upon the hours in the employee’s work schedule, as determined by the Directors of Human Resources for Miami-Dade County and the Public Health Trust

Sec. 11A-92. Any leave credited to an employee pursuant to this article that is not used during the calendar year shall be forfeited and may not be carried over.

Sec. 11A-93. Employees on paid leave pursuant to this article shall be paid for the number of regularly scheduled work hours from which they are excused.

Sec. 11A-94. To verify that an employee is eligible for the leave pursuant to this article, such employee shall submit to his or her agency or department head or designee, in such form and manner as the Directors of Human Resources for Miami-Dade County and the Public Health Trust may prescribe, documentation that such employee has been rated by the United States Department of Veterans Affairs or its predecessor or successor to have incurred a military-service-connected disability and has been scheduled by the United Sates Department of Veterans Affairs to be reexamined or treated for the disability.

Sec. 11A-95. The Director of Human Resources for Miami-Dade County may propose such rules and policies necessary to carry out the purpose of this article, including, but not limited to, notification requirements for employees requesting leave, employee eligibility, determination of the amount of leave to be granted to part-time and seasonal employees, and documentation requirements, by preparing and submitting any proposed amendments to the Miami-Dade County Employee Leave Manual or Implementing Orders to the Board of County Commissioners for its action to accept, amend, or reject.

Sec. 11A-96. The Director of Human Resources for the Public Health Trust shall be responsible for issuing rules and policies applicable to Public Health Trust employees that are necessary to carry out the purpose of this article.

Sec. 11A-97. The Miami-Dade County Employee Leave Manual and the Public Health Trust Employee Leave Manual shall be amended to include rules or policies consistent with the requirements of this Ordinance.

Section 2. The County Mayor or County Mayor’s designee is directed to prepare and submit to this Board within 60 days of the effective date of this ordinance a report containing all proposed rules or policies consistent with the requirements of this ordinance, including a draft Implementing Order and draft amendments to the Miami-Dade County Leave Manual, and to place the report on an agenda of the Board pursuant to Ordinance No. 14-65, and for the purpose of providing this Board an opportunity to sponsor an agenda item accepting, amending, or rejecting any proposed rules or policies pursuant to Section 2-42(19) of the Code, the Miami-Dade County Personnel Rules for the Classified Service (Chapter VI), and BCC Rule 5.05(b)(1).
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



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