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Agenda 03/10/2009 Item #17H .A ~-ftn 11 ~ rx:rdrl lOr 'ZooC( 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. Page 1 of 2 Aa~-~ 17f! . rnmh 10, Zt.oCf 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 Page 2 of 2 A:1~~~ II If . rJu~ 10,2ooQ 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: -Ar-~ ikm n If ty'a\"'ch lD I 2t!cJ'1 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. 2 Md -GV\ -At,,~a.. l+<-m IN" m'l.I..d1 10)200,/ 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 3