Lori I Day, Director

Human Resources & Administrative Services Department

Legislative History: The Ordinance was passed on first reading by a vote of 5 to 0 on November 17, 2021.  

Issue Statement: On November 3, 2021, the City Commission approved a change in the FOPE contract that would provide five (5) days of paid bereavement leave for out of state bereavement for immediate family members, where previously the City provided three (3) paid days regardless of the location of the bereavement. The same provision has also been offered to and accepted by the AFSCME bargaining unit, which has also been ratified by both the Union and the City Commission.  In order to provide the same benefit to Civil Service non-bargaining unit employees, an Ordinance amending the Civil Service Rules, Section 2-165(c) is required.

During City Commission discussion at first reading on November 17, 2021, a majority of Commissioners expressed the desire to reduce the distance requirements for the application of five days paid bereavement leave from out of state to out of the tri-county area of Miami-Dade, Broward, and Palm Beach Counties. The Ordinance passed 5-0 as written, but staff was requested to consider the City Commission's concerns for second reading.

Recommended Action: The City Commission adopt an Ordinance on second reading amending Section 2-165(c) of the Code of Ordinances to provide that all employees covered by the rules receive five (5) days paid bereavement leave for immediate family members when such leave requires them to go outside the tri-county area of Miami Dade, Broward and Palm Beach Counties.

Background:  The ordinance will continue to provide for three (3) days paid bereavement within the tri-county area.

For purposes of compensation and benefit structure, the City's general employees (non-public safety staff) fall into two main categories: those covered by collective bargaining agreements negotiated with unions and those who are not, i.e. civil service and non-classified.  The two general employee unions are the Federation of Public Employees (FOPE), whose membership is composed of Public Works operational staff, and the American Federation of State, County, and Municipal Employees (AFSCME), which represents clerical and related staff. Civil service/non-classified employees include engineering staff, management, accounting, human resources, and related positions.

Historically, the recommended wage and benefit enhancements provided to civil service and non-classified employees' wages have been intended to provide an adjustment equal to that provided to the City’s AFSCME and FOPE members to ensure equity within the City workforce.

Both the AFSCME and FOPE Unions have indicated their agreement to the change from "out of state bereavement" to "bereavement outside the tri-county area" and staff will work with both Unions to ensure that the modification will be applied to all general employees.

Civil Service Board: On February 8, 2022, the proposed Ordinance amendment was presented to the City Service Board.  Staff explained the amendment and that these changes had been offered and accepted by general employees through collective bargaining. The Board voted to recommend approval of the amendment.  

Currently, Section 2-165(c) provides for three (3) days bereavement leave regardless of whether the employee must travel greater distances (and possibly deal with greater logistical challenges). On November 3, 2021, the City Commission approved a change to the same provisions in the FOPE collective bargaining unit  providing for an additional two days paid bereavement leave for anyone required to travel out of state. The AFSCME bargaining unit has also accepted this enhancement.

Non bargaining unit Civil Service employees comprise approximately one-quarter of the City's workforce. In order to change the bereavement leave provisions in the Civil Service Rules, which would apply the same enhancements (plus the more limited geographic boundaries) for out of state bereavement  to these employees, an Ordinance amendment is required.

It is important to note that both FOPE and AFSCME Collective Bargaining Agreements were already ratified with the "out of state" language. Both the AFSCME and FOPE Unions have indicated their agreement to the change from "out of state bereavement" to "bereavement outside the tri-county area" and staff will work with both Unions to ensure that the modification will be applied to all general employees.