Agenda 03/10/2009 Item #17H
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves the attached Ordinance
establishing a Voluntary Separation Incentive Program which would authorize the County
Manager to extend a Voluntary Separation Incentive Program to eligible employees with an
enabling Resolution.
OBJECTIVE: For the Board to approve the recommended ordinance which would authorize the
County Manager to extend a Voluntary Separation Incentive Program (VSIP) to eligible
employees in an effort to assist the County Manager's Agency in meeting its financial goals.
CONSIDERATIONS: The County Manager's Agency is committed to continuing efforts to
identify cost-saving opportunities and implement programs that will successfully reduce
recurring fiscal costs throughout the organization while minimizing the impact to our employees
and each operating department. The County continues to seek opportunities to streamline
budget costs wherever possible within the agency. Establishing a Voluntary Separation
Incentive Program by Ordinance will serve as a benefit to the organization as well as employees
who meet eligibility criteria of a program and elect to participate.
The County Attorney's Office is included in the Ordinance.
DEFINITIONS AND GUIDELINES: The option to join a Voluntary Separation Incentive Program
will be determined by the criteria approved by enabling Resolution at the time a plan is offered.
The Resolution will clearly define eligibility and benefit criteria. Eligible employees will have a
minimum of forty-five (45) days in which to enroll. Once enrolled in a plan, an employee will
have a period of seven (7) calendar days in which they may revoke their choice or amend their
enrollment election. After the revocation period, the election will stand, no changes will be
allowed, and the election is considered final. Eligible employees who elect to participate in a
program will be asked to enter into an Agreement and Release with Collier County. The
Agreement will include the details of a program and specifically identify and explain the benefit
that the employee selected under the program. The Agreement will also include a Release as
required by the Age Discrimination in Employment Act (ADEA). This Release will place the
employee on notice of his/her rights under the ADEA and ask the employee to consent that the
Agreement and Release is entered into "knowingly and voluntarily."
LEGAL CONSIDERATIONS: The County Attorney's Office recommends establishing an
ordinance for the Voluntary Separation Incentive Program in Collier County. This item has been
properly advertised for approval on March 24, 2009. This item is not quasi judicial, and as such
ex parte disclosure is not required. This item requires majority vote only This item is legally
sufficient for Board action. - CMG
FISCAL IMPACT: Fiscal impact for this program will depend on many factors, including the
number of employees who opt to participate, the salaries of these employees, whether the
employee elects benefits continuation or the monetary incentive, and other separation costs.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
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RECOMMENDATION: Recommendation that the Board of County Commissioners approves
the attached Ordinance establishing a Voluntary Separation Incentive Program which would
authorize the County Manager to extend a Voluntary Separation Incentive Program to eligible
employees with an enabling Resolution.
PREPARED BY:
Amy Lyberg, Director, Human Resources
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ORDINANCE NO. 2009-
AN ORDINANCE ESTABLISHING AUTHORIZATION AND
PROCEDURES FOR THE COLLIER COUNTY VOLUNTARY
SEPARATION INCENTIVE PROGRAM ("VSIP"); PROVIDING FOR A
TITLE; PROVIDING FOR A STATEMENT OF INTENT AND PURPOSE;
PROVIDING FOR INCENTIVE PAY AND IMPLEMENTING
RESOLUTION; PROVIDING FOR PAYMENTS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the County Manager's Agency is commllted to continuing efforts to
identify cost-saving opportunities and implement programs that will successfully reduce
recurring fiscal costs throughout the organization, while minimizing the impact to our employees
and each operating department; and
WHEREAS, a primary focus of the County Manager's Agency and the Office of the
County Attorney is to meet the mandates outlined by the State of Florida that require the County
to enact budget cuts in Fiscal Year 2008 and beyond; and
WHEREAS, the County, under the Voluntary Separation Incentive Program ("VSIP"),
will assist eligible employees with separation benefits which may include health and dental
insurance costs, or a financial incentive in lieu of benefits, if the employee chooses to participate
in the VSIP program; and
WHEREAS, the Board of County Commissioners has the exclusive authority to establish
personnel policies; and
WHEREAS, the County Manager is authorized to implement the Board's policies and to
create any necessary rules, practices and procedures for the administration of the Board's
policies; and
WHEREAS, the Board of County Commissioners wishes to establish a VSIP by
Ordinance.
NOW THEREFORE, HE IT ORDAINED BY THE HOARD OF COUNTY
COMMISSIONERS OJ<' COLLIER COUNTY, FI.ORIDA, that:
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SECTION ONE;
TITLE.
This Ordinance will be known and cited as the Collier County Voluntary Separation
Incentive Program ("V SIP") Ordinance.
SECTION TWO: INTENT AND PURPOSE.
The Board of County Commissioners hereby establishes thc Voluntary Separation
Incentive Program ("VSIP"), with the intent and purpose of continuing to adhere to necessary
budget cuts while assisting eligible employees who wish to participate in the program.
SECTION THREE; VOLUNTARY SEPARATION INCENTIVE PAY.
The County Manager and the County Attorney are hereby authorized to make voluntary
separation incentive payments to qualified employees as an incentive for their voluntary
termination or resignation to the extent that such payments serve a public purpose and such
employees qualify pursuant to this section and implementing resolution. Such payments shall be
compensation as an incentive for voluntarily ending their employment with the County earlier
than they otherwise would have done.
SECTION FOUR: PAYMENTS.
Any payment made in accordance with this Ordinance and implementing resolution will
be made in compliance with thc Florida Retirement System Act, Chapter 121, Florida Statutes.
This Ordinance is not intended to alter or affect in any way the years of creditable service as
defined pursuant to ~ 121.021, Florida Statutes, or the calculation of the Florida retirement
benefits.
SECTION FIVE:
CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is hcld
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaiuing portion.
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SECTION SIX:
INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance maybe renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION SEVEN: EFFECTIVE DATE
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of ,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
BY:
As Deputy Clerk
...
DONNA FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
~"MG"~'
Assistant County Attorney
04-HUM-01048129J5
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