Agenda 09/09-10/2008 Item #16E13
EXECUTJVI; SUM_MARY
NAGENDA ITE~2..,
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Recommendation that the Board of County Commissioners authorize the participation of two
former Pelican Bay Services Division employees in the Voluntary Separation Incentive Program,
authorize the Chairman to sign the enabling Resolution, and authorize the County Manager to
implement the program.
OBJECTIVE:To obtain approval from the Board of County Commissioners to authorize the enrollment
of two former Pelican Bay Services Division employees who were not provided actual notice of their
eligibility to participate in the original Voluntary Separation Incentive Program,
CONSIDERA TIONS~
The Board of County Commissioners approved the Voluntary Separation Incentive Program (VSIP) for
eligible employees on January 29, 2008 through Resolution No. 08.34. The initial criteria used to
determine program eligibility was participating members of the Florida Retirement System (FRS) who were
vested and eligible to retire without penalty as of January 29, 2008, Staff assumed that all County
employees were enrolled in FRS, as now required by Florida Statutes, so this basic eligibility standard
would identify all potential participants for this program and notices about the program were sent to those
employees, However, several months after the program was implemented, staff discovered that a small
number of Peiican Bay Services Division (“PBSD”) employees who were employed with
PBSD prior to PBSD becoming an official division of County government, were given the option at that
time to remain in their current retirement system or join FRS. As a result, two PBSD employees who chose
to remain in their existing retirement program, but who otherwise met all other eligibility requirements for
participation in VSIP during the initial enrollment period, were not provided actual notice of the program.
The Board of the Pelican Bay Services Division, through its Division Administrator, has asked that these
two employees be considered for enrollment in the program. The eligible employees may elect from three
options: (1) Medical & Dentalinsurance coverage for a period of three years, (2) an up front one.time
cash payment in lieu of three years of coverage, or (3) a combination of both insurance coverage and a
cash payment. PBSD has made provisions in its FY 09 operating budget to cover program expenses.
FISCAL IMPACT:The average liability should an employee elect coverage under the Medical and
Dental insurance for three years wouid be approximately $12,200 per year, or $36,600 over a period of
three years, If an employee elected the cash incentive plan in lieu of participation in the Medical and
Dental insurance program, the value of the cash payment is $6,200 per year.
Sufficient budget exists with the Pelican Bay Services Division MSTBU operating appropriation units to
fund this expense. The funding source is not County Ad Valorem property tax receipts,
GROWTH MANAGEMENT IMPA~I;There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS:This program has been reviewed and approved by the County
Attorney’s Office. It is legally sufficient for Board action, – CMG
RECOMMENDA TION:That the Board of County Commissioners authorize the enrollment of two
former Pelican Bay Services Division employees who were not provided notice of their eligibility to
participate in the original Voluntary Separation Incentive Program, subject to all applicable program terms
and conditions and authorize the Chairman to execute the Resolution,
Prepared By:
Department
Human Resources
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Date
8/28/2008 12:47:27 PM
Approved By:
Department
Adminstrative
Services
Approved By:
Department
Office of
Management
and Budget
Approved By:
Department
Human
Resources
Approved By:
Department
Adminstrative
Services
Approved By:
Department
Office of
Management
and Budget
Approved By:
Approval
Approved
Approval
Disapproved
Approval
Approved
Approval
Approved
Approval
Approved
Date
8/28/2008 3:03 PM
Date
8/28/2008 6:26 PM
Date
8/29/2008 10:25 AM
Date
8/29/2008 10:42 AM
Date
8/29/2008 3 :50 PM
Department
Approval
Dale
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Approved
Manager's Office
8/29/2008 6:55 PM
ATTACHMENTS:
Name:
Cl BesQJ.uJion.PeJjGanJ~_ay
YSIP 27;\ugOa..doc
Description:
Resolution for Pelican Bay Voluntary Separation Incentive
Program
Type:
Resolution Letter
(
RESOLUTION NO. 2008-_
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING THE PARTICIPATION
OF TWO FORMER PELICAN BAY SERVICES DIVISION EMPLOYEES
IN THE VOLUNTARY SEPARATION INCENTIVE PROGRAM AND
AUTHORIZING THE COUNTY MANAGER TO IMPLEMENT THE
PROGRAM IN COMPLIANCE WITH THE COUNTY MANAGER'S
ORDINANCE NO. 93-72, AS AMENDED, AND THE PERSONNEL
ORDINANCE NO. 96-40, AS AMENDED.
WHEREAS, the Board of County Commissioners of Collier County Florida,
created a Voluntary Separation Incentive Program ("VSIP") for certain eligible County
employees on January 29, 2008; and
WHEREAS, the Voluntary Separation Incentive Program was intended to include
all employees of the County Attorney's Office and all of the County Manager's Agency
who met the eligibility criteria to participate, but did not specifically include eligible
members of the Pelican Bay Services Division; 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 desires to authorize enrollment
of two former employees of the Pelican Bay Services Division who were eligible but not
notified of their eligibility to participate in the Voluntary Separation Incentive Program
offered between January 31,2008 and March 31,2008; and
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WHEREAS, the Board of County Commissioners f" ,ab'tnM this
Voluntary Separation Incentive Program to former members of the Pelican Bay Services
Division serves a valid public purpose,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
The Board of County Commissioners hereby authorizes the participation and
enrollment to the Voluntary Separation Incentive Program to specifically include eligible
former employees of the Pelican Bay Services Division:
1, The Program is designed as a cost-saving opportunity for the County
Manager's Agency due to anticipated budget issues,
2, This Program will only be available for a limited time frame, specifically
Thursday, September 11, 2008 to Monday, October 27, 2008, Eligible employees must
confirm participation within this 45-day election period with the Human Resources
Department. Once enrolled in the 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 seven (7) day revocation period ends, the employee's choice will be final.
3, Program notice letters and required documentation will be provided to
eligible employees on or before Thursday, September 11, 2008,
4. Eligible employees are those regular former Pelican Bay Services Division
full-time employees who met the eligibility criteria defined on January 29, 2008, outlined
by the Florida Retirement System (FRS) for Pension Plan members, making them
eligible to retire without penalty under the FRS. An employee need not participate or
have participated in the Florida Retirement System to be eligible, A more detailed
description of eligible employees is attached as part of the Program
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Definition a 'c:--
Guidelines,
5, The duration of this Program is three years, effective the first day following
the revocation period. An eligible employee may choose from several incentive options,
The options generally include (1) County paid medical and dental benefits for three
years, (2) fifty percent of the cash equivalent of medical and dental benefits for three
years, or (3) a combination that will include medical and dental insurance coverage for a
period of one or two years, together with a partial cash payment. (These options are
more clearly defined and divided into five options in the Agreement and Release.)
6. Eligible former employees who elect to participate in the Program will be
asked to enter into an Agreement and Release with Collier County, The Agreement will
include the details of the 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."
7, The County Manager shall be authorized to sign the Agreement and
Release on behalf of Collier County,
8, This Resolution shall take effect immediately upon adoption,
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this
day of September, 2008,
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
Approved as to form and
legal sufficiency:
Colleen M, Greene
Assistant County Attorney
08-HUM-00057/3
By:
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TOM HENNING, CHAIRMAN