HomeMy WebLinkAboutOrdinance No. 17-1994r
* *NO ACTION TAKEN - ORDINANCE TABLED AT REGULAR CITY
• COUNCIL MEETING HELD ON MAY 3, 1994.
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EMERGENCY ORDINANCE
ORDINANCE NO. 17 -94
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING THE CITY PERSONNEL PROCEDURES
MANUAL AS ADOPTED BY ORDINANCE NO. 15 -89 AND AS AMENDED
BY ORDINANCE NO. 16 -90 TO CREATE A SICK LEAVE POOL;
PROVIDING FOR A DECLARATION OF EMERGENCY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, that:
SECTION 1. Declaration of Emergency. The City Council
finds and declares that a condition exists within the City which
constitutes an emergency. The City Council finds that the public
welfare will be served by the passage of an Emergency Ordinance
permitting the pooling of sick leave of City employees so that
employees in need of sick leave time in excess of the balance to
the employee's sick leave account may utilize additional sick leave
contributed to a sick leave pool by other employees. The City
Council finds that City employees are willing and able to create a
pooled sick leave account and that there presently exists an
employee within the City in need of excess silk leave.
SECTION 2. Waiver of Time and Notice. In accordance with
Section 166.041, Fla. Stat., the City Council hereby waives the
time and notice requirements for the passage of Ordinances.
SECTION 3. Sick Leave Pool Created. Section 11 of the
411 City Personnel Procedures Manual adopted by Ordinance No. 15 -89, as
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City of Cape Canaveral, Florida
Ordinance No. 17 -94
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amended by Ordinance No. 16 -90, is hereby amended to create new
subsection 11.04:
11.04 Sick Leave Pool.
A. A sick leave pool shall be maintained for the common
benefit of the employees of the City. The sick leave pool
shall consist of sick leave contributed by employees
voluntarily for use by other employees as herein provided.
B. There is hereby created a board consisting of the
City Manager and each department head which shall review and
approve requests for the use of pooled sick leave. The Board
shall not approve a request for pooled sick leave unless the
Board finds that the requesting employee has no accrued sick
leave and that the granting of sick leave from the sick leave
pool is necessary to alleviate a financial hardship for the
requesting employee. Prior to the utilization of any pooled
sick leave, an employee requesting pooled sick leave must have
exhausted his or her balance of annual leave or vacation.
Each request for pooled sick leave shall be accompanied by the
employee's physician describing the nature of the employee's
illness and an estimate of the time the employee will be
unable to return to work.
C. Contributions to the sick leave pool are voluntary
among the City employees. An employee shall not be able to
contribute more than forty (40) hours of accrued sick leave
into the pool during any fiscal year of the City. Each
employee who desires to contribute to the sick leave pool must
have a minimum of forty (40) hours of accrued sick leave
remaining immediately after the employee's contribution to the
sick leave pool.
D. An employee requesting utilization of sick leave
from the sick leave pool shall not be entitled to receive more
than three hundred twenty (320) hours from the sick leave
pool.
SECTION 4. Severability. If any section, paragraph,
phrase, or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
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City of Cape Canaveral, Florida
Ordinance No. 17 -94
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to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 5.
Conflicting Provisions. Any ordinance, or
parts of an ordinance, in conflict herewith are repealed.
SECTION 6. Effective Date. This ordinance shall take
effect immediately upon its adoption and shall be temporarily
effective for a period of thirty (30) days from the date of its
passage. If this Emergency Ordinance is not passed in the regular
manner as provided in the City Charter and Florida Statutes, and
all time and notice requirements are not complied with within the
thirty (30) day period following this Ordinance's first passage as
an Emergency Ordinance, this Ordinance shall expire at the end of
the thirty (30) day period.
ADOPTED BY the City of Cape Canaveral, Brevard County,
Florida, this day of , 1994.
ATTEST:
Faith G. Miller, CITY CLERK
APPROVED AS TO FORM:
John R. Kancilia, CITY ATTORNEY
John K. Porter, MAYOR PRO TEM