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Resolution 2008-253 RESOLUTION NO. 2008-253 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 .__',_"'w_. _____."'__ ".'n_ _",__ __"_'~..__._."___<__'''~'_,"_ WHEREAS, the Board of County Commissioners finds that extending 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 2 description of eligible employees is attached as part of the Program Definition and 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 q'M... day of September, 2008. 3 ATTEST: DWIGHT E. BROCK, CLERK ~lJM! ~1al'l', be f .D~~ty Clerk Attest .~ to Chal~ . s t \lnettf. 011.. "P" , :,H',J," ",,",.,,}' Approved as to form and legal sufficiency: ~m./Ar.jJh 0 Colleen M. Greene Assistant County Attorney 08-HlJM-00057/3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 4