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Resolution 091-2024 RESOLUTION NO. 091 -2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING AND RATIFYING MONROE COUNTY ADMINISTRATIVE INSTRUCTION 4715.6, SETTING POLICY REGARDING THE MONROE COUNTY POST-EMPLOYMENT VOLUNTEER PROGRAM, IN ORDER TO COMPLY WITH SECTION 121.091(15), FLORIDA STATUTES. WHEREAS, in 2023, the Florida legislature enacted Chapter 2023-316, Laws of Florida, which amended F.S. 121.021 in order to provide that a person who has retired from FRS may provide volunteer services to an FRS employer within the first twelve (12) months following retirement without violating Florida statutes and an IRS regulation requiring termination from employment; and WHEREAS, Ch. 2023-316, L.O.F., also provides that FRS employers may establish post-employment volunteer programs to allow retirees to provide civic, charitable and humanitarian services during the first 12 months following retirement without causing the retiree to violate the "full termination" requirements in F.S. 121.021 and 26 C.F.R. § 1.409A-I(h)(1)(ii); and WHEREAS, Monroe County Administrative Instruction 4715.6 (Attachment 1) sets forth procedures for utilizing services from persons who wish to contribute their time and energies as volunteers for Monroe County; and WHEREAS, Administrative Instruction 4715.6 states that any Florida Retirement System (FRS) retirees who wish to volunteer with Monroe County must adhere to the guidelines established by Section 121.091(15), Florida Statutes, laid out in Enclosure 2 to the Administrative Instruction; and WHEREAS, in order to comply with F.S. 121.091(15), which requires the FRS employer to establish the post-employment volunteer program, staff requests approval and ratification of Administrative Instruction 4715.6 by the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: 1. Administrative Instruction 4715.6, as it may be amended from time to time, is hereby approved and ratified by the Board of County Commissioners. The provisions of the Administrative Instruction that apply to FRS retirees, including the requirements set forth 1 in Enclosure(2)to the administrative Instructions, are hereby established as the post- employment volunteer program for Monroe County. 2. The Monroe County Employee Services Department is hereby directed to generate the appropriate forms and procedure in order to comply with F.S. 121.091(15)(g) as applied to Monroe County, which states that the FRS employer is required to maintain adequate records to document adherence to the criteria listed in F.S. 121.091(15)(a)-(f), and to make the records available upon request to the State Department of Management Services and the State Board of Administration. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 21st of February 2024. Mayor Holly Merrill Raschein Yes Mayor Pro Tem James K. Scholl Yes Commissioner Craig Cates Yes Commissioner Michelle Lincoln Yes Commissioner David Rice Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Acit ..,t�' d yr"^ �� �cp..w'e'0� MG' €� �r'�j��.A���-Yf w'�'°` "li$,,'pair,, j�::..�4 - tga3?.',S 1 IN- `') '��' a I MAYOR H•- LY � � - �� ����� �-� �� MERRILL RASCHEW cic4,_,',:iffN =-34 4.7 \\\-,-7::: g j ` Nfi \,',, tis'' '`av a�'j' Approved as to form and legal sufficiency: ''`' . ' $iZrkEVlN MADOK, CLERK Monroe County Attorneys Office: iii6161'10 (AV)Cr adoet;i 4 2-5-2024 i 144 AS DEPUTY CLERK .3z Z - j` -..C..w r 2 "rm'aq TM BOARD OF COUNTY COMMISSIONERS r ��IVV aIVIPI� �, Mayor Craig Cates,District 1 County of Monroe f � Mayor Pro Tem Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 The Floflda Keys James K.Scholl,District 3 David Rice,District 4 The Historic GATO Cigar Factory 1100 Simonton Street, 2nd Floor Key West, FL 33040 OFFICE of the COUNTY ADMINISTRATOR Key West, Florida MONROE COUNTY ADMINISTRATIVE INSTRUCTION 4715.6 Date: July 14, 2023 Subject: Professional Volunteer in County Service Reference: (A) Chapter 110 Florida Statutes (B) Chapter 121.091 Florida Statutes Enclosure: (1) Monroe County Volunteer Application Form (2) Florida Retirement System Volunteer Services Outline Effective Date: Immediately (1) Background: There are most probably many people residing in Monroe County possessing specialized skills and expertise who could be motivated to make voluntary contributions of their time and energies for the public good. It is therefore incumbent upon the County Administration to establish plans and procedures to develop meaningful opportunities for volunteers to participate in Monroe County programs and activities.The established plans and procedures will include provisions for utilizing services from Florida Retirement System volunteers as outlined in Section 121.091(15), Florida Statutes, adopted and made effective July 1, 2023. (2) Purpose: To establish a program for the identification, recruitment,training, and utilization of volunteers to assist in programs and projects falling within the purview of the County Administrator. (3) Cancellation: This instruction is to remain continuously in effect unless specifically revised or canceled. (4) Instructions: A. Enclosure (1) is to be utilized for identifying and recording all prospective Monroe County Civic Volunteer Corps members. 1 (5) Action: A. All employees are requested to actively recruit prospective private citizens for the Civic Volunteer Corps. B. Enclosure (1) is to be completed for all identified volunteers and maintained by the participating departments. C. Volunteers may be subject to background checks and DL Checks. D. Any Florida Retirement System retirees who wish to volunteer with Monroe County must adhere to the guidelines established in Enclosure (2)which references Section 121.091, Florida Statutes. E. Department Heads shall notify Human Resources to conduct a search of registration information regarding sexual predators and sexual offenders before placing the individual in a position to volunteer at a park, playground, daycare center, or other place where children regularly congregate to comply with Florida Statute 943.04351. F. Monroe County is a Drug-Free Workplace and volunteers are subject to the Monroe County Drug-Free Workplace Policy and Work rules. G. It is anticipated that volunteers will usually provide for their own transportation and per diem expenses. However,there may be circumstances where this would have a negative impact upon the volunteer's capability to give of their personal services to the County. H. Departments currently utilizing volunteers are Airports, County Libraries, Nutrition Services, Parks and Beaches, and Extension Services in various capacities. Every Department that wishes to provide incidental reimbursement for transportation costs, lodging, and subsistence, as the department deems necessary to assist volunteers in performing their functions must obtain prior approval from the County Administrator/Assistant County Administrator. Such reimbursements, if approved, must comply with the provisions of Florida Statutes 110.504 and the Monroe County Code. Roman Gastesi, County Administrator Distribution: List VI Originator: DHR Review: 7/14/2026 2 MCA Inst 4715.6 July 14,2023 Enclosure(1) County of Monroe ' The Florida Keys MONROE COUNTY VOLUNTEER APPLICATION FORM Name: Date: Add ress/city/state/zip: Home phone: Cell phone: Email: SSN: Your social security number is requested for the purpose of payroll eligibility verification,processing employment benefits, applicant and employee background checks,and income reporting and will be used solely for those purposes. Volunteer position: County Department: Location: Days/Hours Available: Are any accommodations needed in arranging your assignment? If so, state what accommodations are requested: Have you volunteered with Monroe County before? If so, in which department, dates? VOLUNTEERS MAY BE SUBJECT TO BACKGROUND CHECKS. MONROE COUNTY IS A DRUG-FREE WORKPLACE AND VOLUNTEERS ARE SUBJECT TO THE MONROE COUNTY DRUG-FREE WORKPLACE POLICY AND RULES OF WORK. BY SIGNING BELOW,THE APPLICANT CERTIFIES THAT THE APPLICANT HAS RECEIVED A COPY OF THE DRUG-FREE WORKPLACE POLICY AND WILL ABIDE BY THE POLICY. Signature Date Do you have transportation? ❑ Yes ❑ No Will you be driving as part of your volunteer assignment? ❑Yes ❑ No Driver License#: Expiration: Insurance Company: Policy#: 3 INSURANCE AGREEMENT I, , understand that if I use my personal auto in my volunteer service, I will arrange to keep in effect automobile insurance equal to the minimum limits required by the State of Florida. I also understand that any accident medical coverage supplied to me will be in excess of any available Medicare or group health insurance program in force. Signature Date EMERGENCY CONTACT Name: Relationship to volunteer: Add ress/city/state/zi p: Home phone: Cell phone: I designate as my beneficiary for any accidental death benefits available to me. Relationship to beneficiary: Add ress/city/state/zi p: Home phone: Cell phone: 1, , understand and acknowledge that I am giving my time, skills, and services as a volunteer and I am not an employee, official, or representative of the Monroe County Board of County Commissioners. I further acknowledge that I may not be entitled to any stipend, compensation, benefits, or other rights applicable to Monroe County employees. I understand that the County can terminate my status as a volunteer at any time for any reason. Acting as a volunteer does not create an expectation of future employment. Signature Witness Date Date 4 DEPARTMENT HEADS SHALL NOTIFY HUMAN RESOURCES TO CONDUCT A SEARCH OF REGISTRATION INFORMATION THROUGH THE DRU SJODIN NATIONAL SEXUAL OFFENDER PUBLIC WEBSITE MAINTAINED BY THE UNITED STATES DEPARTMENT OF JUSTICE BEFORE PLACING THE INDIVIDUAL IN A POSITION TO VOLUNTEER AT A PARK, PLAYGROUND, DAY CARE CENTER OR OTHER PLACE WHERE CHILDREN REGULARLY CONGREGATE TO COMPLY WITH FLORIDA STATUTE 943.04351. DEPARTMENT HEADS SHALL ALSO NOTIFY HUMAN RESOURCES IF ANY ADDITIONAL BACKGROUND CHECKS MAY BE NEEDED, E.G.,LEVEL II SCREENING FOR VOLUNTEERS IN AHCA-REGULATED FACILITIES, F.S.408.809(4). 5 MCA Inst 4715.6 July 14,2023 Enclosure(2) y" BOARD OF COUNTY COMMISSIONERS County of Monroe ��� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 FLORIDA RETIREMENT SYSTEM VOLUNTEER SERVICES Effective July 1, 2023 Subsection (15) is added to section 121.091, Florida Statutes, to read: VOLUNTEER SERVICES. —Employers may establish post-employment volunteer programs to allow retirees to provide civic, charitable, and humanitarian services during the first 12 calendar months following retirement without causing the retiree to violate the requirement concerning termination of employment as defined in 26 C.F.R. s. 1.409A-1(h)(1)(ii), provided that the program meets all of the following criteria: (a) Before the date of retirement, there was no agreement or understanding between the employer and the retiree that the retiree would provide any service for the employer. (b) The employer or a third party may not provide any form of compensation, including any cash equivalents, to a volunteer for his or her volunteer service. (c) Except as otherwise provided in law, a volunteer may not be provided any employee benefits, including health or life insurance benefits. However, a volunteer may be provided certain perquisites necessary for, and for the limited purpose of, completing tasks associated with the volunteer program, such as an assigned uniform or the provision of equipment. (d) The number of volunteer hours per week, including training hours, that the volunteer may provide is no more than 20 percent of the number of hours that the volunteer was expected to work per week before his or her date of retirement. (e)There is a clear distinction between the duties of a volunteer and the duties of an employee. (f) The schedule of a volunteer, including the number of hours volunteered and the number and type of assignments for which he or she agrees to volunteer, is controlled by the volunteer. (g) The employer and the retiree are both required to maintain adequate records to document adherence to the criteria listed in this subsection. The records must be made available to the department or state board upon request.