Agenda 02/10/2009 Item #16F 2
Agenda ltsm No. 16F2
February 10, 2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the proposed
recommended Ordinance authorizing the County Manager to extend the opportunity for a
Voluntary Separation Incentive Program to eligible employees upon approval by the
Board of an enabling Resolution and authorize Staff to advertise said Ordinance for
approval at a future Board meeting.
OBJECTIVE: For the Board to approve the proposed 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, and to obtain authorization
for staff to advertise the ordinance for Board consideration at a future meeting.
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 reviewed and
approved by the County Attorney's Office. This item is not quasi judicial, and as such ex parte disciosure
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, inciuding 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.
.--
RECOMMENDATION: That the Board of County Commissioners approves the proposed recommended
Voluntary Separation Incentive Program ordinance which would, with an enabling Resoiution, authorize
the County Manager to extend a Voluntary Separation Incentive Program to eligible employees and
authorize Staff to advertise said Ordinance and return to the Board for approval at a future meeting.
PREPARED BY: Amy Lyberg, Director, Human Resources
Page 1 of 1
Aaenda item t\!o. 16F2
" ;::ebruary 10, 2009
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F2
Recommendation that the Board of County Commissioners approve the proposed
recommended Ordinance authorizing the County Manager to extend the opportunity for a
Voluntary Separation Incentive Program to eligible employees upon approval by the Board of
an enabling Resolution and authorize Staff to advertise said Ordinance for approval at a
future Board meeting.
Meeting Date:
2/10/200990000 AM
Prepared Uy
Amy Lyberg
Employment Operations Manager
Human Resources
Date
Administrative Services
2/2/200912:17:42 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Facilities Management
Date
Administrative Services
2/2/200912:57 PM
Approved By
Randy Greenwald
County Manager's Office
ManagemenUBudget Analyst
Office of Management & Budget
Date
2/2/2009 4 :21 PM
Approved B)"
Jeff Klatzkow
Assistant County Attorney
County Attorney Office
Date
County Attorney
2/2/20094:54 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
2/2/20094:57 PM
file://C:\AgendaTest\Export\ I 23-Februarv%20 I 0, %202009\ 16.%20CONSENT%20AGEND",
2/4/2009
l\CEmda :terli r'~O. 16i="2
--' =ebruary 10. 2009
Page 3 of 5
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; PROVIDI~G 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 committed to continuing efforts to
identify cost-sa~ing 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 ("V SIP"),
will assist eligible employees with separation benefits which may include health and dental
insurance costs, or a financial incentive in lieu ofhenefits, iflhe employee chooses to participate
in the VSIP program; and
WHEREAS, the Board of COlmty Commissioners has the exclusive authority to establish
personnel polici~s; and
\VHEREAS, the County Manager is authorized to implement the Board's policies and to
create any necessary rules, practic~s and procedures for the administration of the Board's
policies; and
WHEREAS, the Board of County Commissioners wishes to establish a VSTP by
Ordinance,
NOW THEREFORF-, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORlDA, that:
Agenda Item No, 16F2
;::ebruary 10, 2009
Page 4 of 5
SECTION ONE: TITLE.
This Ordinance will be known and cited as the Collier County Voluntary Separation
Incentive Program ("VSIP") Ordinance,
SECTION TWO: INTENT A:'ilD PURPOSE.
The Board of County Commissioners hereby establishes the Vo]unlary Separation
Incentive Program C"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 emp]oyces 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 the Florida Retirement System Act, Chapter 12], Florida Statutes,
This Ordinance is not intended to alter or affect in any way the years of creditable service as
defined pursuant to 9 12 ],02], 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 held
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
remaining portion,
2
-"\08:)::::a item I'Jo. '16F2
- Februa,y 10. 20CJ9
Page 5 of 5
SECTION SIX:
INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shaH become and he made a part of the Code of Laws
and Ordinances of Collier COlmty, Florida, The sections of the Ordinance may be 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 lIpon filing with the Department of State,
PASSED AND DULY ADOPTED by the Board of County Commissioners of CoHier
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:
~'MM "'=,
Assistant County Attorney
04-1Im.f-Ol048/29J5
3