Ordinance 010-1986
Personnel Department
ORDINANCE NO. 010-1986
AN ORDINANCE AMENDING SECTIONS 2-l02(B) AND
2-103, MONROE COUNTY CODE, IN ORDER TO PUT
INTO EFFECT CERTAIN AMENDMENTS TO THE FAIR
LABOR STANDARDS ACT; PROVIDING FOR POLICY
DEFINITIONS AND PROCEDURES FOR THE AWARD OF
COMPENSATORY TIME OFF AT THE RATE OF ONE AND
ONE-HALF HOURS FOR EACH HOUR OF OVERTIME
WORKED; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCORPORATION IN THE MONROE COUNTY CODE
OF ORDINANCES; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. Section 2-102(b) of the Monroe County Code is
hereby amended to read as follows:
"(b) No county department shall establish a regular
workweek in excess of forty (40) hours. Hours worked
in excess of forty
(40)
hours
(overtime)
are
permissible only if done in accord with the policy and
procedures set forth in Section 2-103 of this Code."
Section 2.
Section 2-103 of the Monroe County Code is
hereby amended to read as follows:
"Sec. 2-103. Overtime work.
(1) Overtime means work performed by any employee, who
is nonexempt under the Fair Labor Standards Act, 29
U.S.C.A. 201, et seq., beyond the normal forty (40)
hour workweek during that workweek.
Overtime work
shall be compensated as set forth herein.
(2) The employment and work program of each department
should be arranged so as to reduce to a minimum
the necessity of overtime work except in emergency
situations.
(3) Compensatory time means hours during which an
employee is not working, which are not counted as
hours worked during the applicable work week for
purposes of overtime compensation, and for which
the employee is compensated at the employee's
regular rate.
(4) Overtime pay shall mean the payment of one and one
half times the employee's usual hourly rate.
(5) Overtime work shall be compensated according to
the following terms and conditions:
(a) For each hour of overtime worked, an
employee shall be awarded one and one half hours
of compensatory time.
(b) Employees not engaged in emergency response
work or seasonal activity may accumulate up to 240
hours of compensatory time.
(c) Seasonal employees or emergency response
employees may accumulate up to 480 hours of
compensatory time.
(d) An employee may use compensatory time within
a reasonable period after he so requests unless to
do so would unreasonably disrupt the operation of
the employing department. For the purposes of
this section, unreasonably disrupt means a sig-
nificant impairment of the department's ability to
perform its assigned duty and not mere inconve-
nience.
(e) If an employee not engaged in seasonal
activity work accumulates 240 hours of
compensatory time, then, in the event that
employee works any additional overtime, he shall
receive overtime pay for such time worked until
the amount of his accumulated compensatory time
has fallen below 240 hours.
(f) If any employee engaged in emergency
response or seasonal work accumulates more than
480 hours of compensatory time, then, in the event
that employee works any additional overtime, he
shall receive overtime pay for such time worked
until the amount of his accumulated compensatory
time has fallen below 480 hours.
(g) Regardless of the number of compensatory
hours accumulated, the employee shall be paid for
those hours upon termination. For the purposes of
this subsection, termination shall mean when the
employee leaves his job voluntarily, including
retirement, is discharged by the County, or dies.
The rate paid upon cashing out shall be at the
final regular rate earned by the employee at the
time of termination or at the average regular rate
for the final three years of employment, whichever
is higher.
(6) Overtime payor compensatory time shall be awarded
for overtime worked in such activities as attend-
ance at training courses and travel to and from
work assignments to the extent such awards are
required by the F.L.S.A. (29 U.S.C.A. 201, et
seq.). Even if no awards are required by the
F.L.S.A. for the overtime described in this
section, compensatory time, as described in
Sections (4) and (S)(a) of this Ordinance, may be
awarded the employee at the discretion of the
department head with the prior approval of the
county administrator. All compensatory time
awarded pursuant to this section shall be counted
toward the hour totals described in Section (S)(e)
and (S)(f) of this Ordinance.
(7) Overtime work, however compensated, should be
authorized in advance by the county administrator
and must be reported to the payroll department on
separate time sheets when accrued, which bear the
signature of the appropriate department head and
county administrator and indicate whether cash or
compensatory time is to be awarded.
(8) This Section shall constitute the regular prac-
tice, as that phrase is defined in 29 U.S.C.A.
207, of Monroe County in regard to the award of
compensatory time off."
Section 3. If any section, subsection, sentence, clause or
provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4.
The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
any such conflict.
Section 6.
This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ,:( /1d
day of
dy
, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
..~ ~~ ~ G +r. : "''-'-~
MAYOR/CHAIRMAN
~~
1"
(SEAL)
Attest :DANNX L. KOUiAGE, ~lerk
~~~
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P,O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL, (305) 852-9253
May 7, 1986
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No.
010-1986 amending Sections 2-102(B) and 2-103, Monroe County
Code, in order to put into effect certain amendments to the Fair
Labor Standards Act, etc. This Ordinance was adopted by the
Monroe County Board of County Commissioners .at a regular meeting
in formal session on May 2, 1986.
Please file for record.
Very truly yours,
Enclosure
cc: County Attorney
County Administrator
Finance Director
Payroll Department
File
Municipal Code Corp
P 333 987 212
" :?
.. "
•
a • SENDER: Complete items 1,2,3 and 4.
r
o Put your address in the"RETURN TO"space on the
3 reverse side.Failure to do this will prevent this card from
being returned to you.The return receipt fee will provide
-h you the name of the person delivered to and the date of P 333 987 2 Z 2
delivery. For additional fees the following services are
r available.Consult postmaster for fees and check boxes)
.c forservice(s)requested. RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED.
W 1. 0 Show to whom,date and address of delivery. NOT FOR INTERNATIONAL MAIL
(See Reverse)
2. 0 Restricted Delivery. m Sent to
co 6 41 Liz Cloud, Chief
is 3. Article Addressed to: Liz Cloud, Chief v• Iota:ddf State
Dept. of State, The Capitol 2 !PhP capitol
Tallahassee, Florida 32301 • ZIP Code
P.O. State
32301 g
y Postage S /�q
* Certified Fee
4. Type of Service: Article Number { 7�Af
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❑ Registered 0 Insured Special Delivery Fee
0 Certified 0 COD P 333 987 212
❑ Express Mail Restricted Delivery Fee (CD '
Always obtain signature of addressee or agent and Return Receipt showing n
DATE DELIVERED. ii N to whom and Date Delivered N
0 5. Signature—Addressee ii rn Return Rec t��S�tiocV10 of whom.
X — ,Date,an daps-of= elite
n . Signature— •• .: I,IF / i:a + 4� 4 c TOTAL'P> ��g to tl1Fee��� s �/ /`�
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FLORIDA DEPARfMENT OF STATE
George Firestone
Secretary of State
May 12, 1986
Honorable Danny Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attn: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the prOV1Slons of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of May 7. 1986 (cert. P333-987 213
and certified copy/ies of ~onroe & Cert. mail P.333-987-212)
County Ordinance(s) 86-9 and 86-10
(re: compensatory time and building permits, respectively)
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed ~1:j::i=3:/these Ordinance (5) ln this office
on
May 9 ,
1986.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
(Mrs.) Liz loud, Chief
Bureau of Administrative Code
LC/mb
.____u.____ __
fLORILlf\ -St~ti-QftheAI1~
'.~,~~"~-!~ -~
. '';''
ACKNOWLEDGMENT
DAT~ May 19, 1986
TO: fVbnroe County, Florida
(Supplement No. 27)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to your Code:
Ordinance No. 009-1986
and 010-1986
Thank you for your assistance and cooperation.
db
tC~ fM~
Robert L. Lulie
Vice President. Supplements
Municipal Code Corporation
11111
' THE 'KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA)
ss.
COUNTY OF MONROE)
�Qi•
Before the undersiged authority personally appeared
1\• • 16/U , who on oath says that he is
Lit` ceil'�''cvA of the Key West Citizen, a daily news—
paper published at Key West in Monroe County, l(Florida; that the
•
1
attached copy of advertisement, being a NOTAGEOFINTENITI.ONly
M
OFCON'CED ICe OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Friday, May 2, 1986 at 3:00 P.M. in
Courtroom B, 500 Whitehead Street,
Key West,Monroe County,Florida,the
In the matte of Board of County Commissioners of
Z /� ` Monroe County, Florida, intends to
^n ' r /l consider theiadoption of the following
f `Cd _ `�, County Ordinance:
{mil p`"y�`/qV) AN ORDINANCE AMENDING
ISECTIONS 2-102(B) AND 2-103,
MONROE COUNTY CODE, IN OR-
DER'TO PUT INTO EFFECT CER-
TAIN
AMENDMENTS TO THE FAIR 1
LABOR STANDARDS ACT;
PROVIDING FOR POLICY
DEFINITIONS AND PROCEDURES-
FOR THE AWARD OF COM- �
PENSATORY TIME OFF AT THE
RATE OF ONE AND ONE-HALF
HOURS FOR EACH HOUR OF
was published in said newspaper in the issu FOR SEVERABILIITY; PROVIDING,
Pi 0�//9 DIN )
FOR
INCORPORATION IN THE
Ct4aULLH' 9 MONROE COUNTY CODE OF OR-
DINANCES; PROVIDING FOR THE
REPAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CON-
FLICT
Affiant further says that the said The- PROVIWITHDING FOR AN EFFECTIVE
DATE.
a newspaper published at Key West, in said } PursuanttoSection286.0105,Floridan
la
and that the said newspaper has heretofore Statutes,noappeagiventhaision od
decided to a eal any decision mad by the Board with respect to anye ')lished in said Monroe County, Florida, each matter considered at such hearings or I s)
and has been entered as second class mail m! meetings,he will need a record otthe
proceedings, and that, for such pur- ilCe
pose, he may need to ensure that a
in Key West, in said Monroe County, Florida verbatim record of the proceedings is
made, which record includes the
year next preceeding the first publication testimony and evidenceuponwhichthe
of advertisement; and affiant further says ..DATistobebased.
y th day of April,1986.est, Florida„this raid
nor promised any person, firm or corporatio 8 DANNYL.KOLHAGE eo
commission or refund for the purpose of sec Clerk of the Circuit Court of Monroe `ent
Cofor publication in the said newspaper. the Bo, dF of Co and Ceommissioners miso onClers of
the Board of County Commissioners of
Monroe County, Florida ,
April 11,25,1986
_ �•r, r,r
MI COlhi;1!55!Qt! r;'.P!'. DULY 27 198-
(SAj
S-WO•RN:L<AND SUBSCRIBED be re me this day of 19Y6
COMMISSION E PIRES :
�� C
, PRd0F OF PUBLIC
THE FLORIDA KEYS KEYNOTER
• Published Weekly •
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
•
Before the undersigned authority personally appeared MARY LOU NE I S H , who on oath, says
that he is OFFICE MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a INTENT TO CONSIDER ADOPT. OF ORD.
IN THE MATTER OF AMEND. SECTIONS 2-102 (B) and 2-103 , in the
Court, was published in said
•
newspaper in the issues of April 1 7 t 7 4 , 1 g R H _ ___
l
' NOTICE OF
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- INTENTION TO
i •CONSIDER ADOPTION-
, • I OF COUNTY ORDINANCE
(
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously NOTICE IS HEREBY GIVEN
;TO WHOM IT MAY CONCERN
That on Friday, May 2, 1986 et
00
published in said Monroe County, Florida, each week (on Thursday)and has been entered as second
W teheadlnStrrCourtroom
et, Key We 1,
Monroe County, Florida, the
Board of County Commissioners
f
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one tendsMonroe
to considertthe Floridaiof
the following County Ordinance:
ff -ORDINANCE NO.-1956'.�'vt-
ear next precedingthe firstpublication of the attached copyof advertisement; and affiant further I N�ORDINANCE AMEND-
year ` ING SECTIONS•
AND � 2-103, MONROE
I• COUNTY
CODE IN
sa s that he has neitherpaid norpromised anyperson,firm,or corporation anydiscount, rebate, corn- ORDERED PUT INTO ND-
Y P i FELT-xCER 'T AMEND-
MENTS` TO THE ACT
LABOR STANDARDS ACT;
mission or refund for the purpose of securing this advertisement for publication in the said newspaper. PROVIDING FOR POLICY
DEFINITIONS AND PRO-
CEDURES FOR THE
AWARD OF. COMPENSA-
TORY TIME OFF AT THE-
...... RATE OF ONE AND
ONE-HALF HOURS FOR
EE EACH ?HOUR OF`OVER-•
- GFORSEIYIN EVRABIILT ;
- PROVIDING FOR INCOR-
(SEAL)— S PORATION IN THE MON-
I ROE.'COUNTY CODE OF
ORDINANCES; PROVtD-
"' - ING FOR THE`REPEAL.OF
I ALL ORDINANCES OR SWORN TO TO AND SUBSCRIBED BEFORE ME THIS E PARTS OF ORDINANCES
j IN CONFLICT WITH THIS
ORDINANCE; PROVIDING
/J.. i FOR AN , EFFECTIVE
DAY OF A.D. 1:9 �( I DATE.
Pursuant to Section 286.0105,
NOTARY PUBLIC STATE OF FLORIDA Florida Statutes, notice is given
that If a person decided to ap-
1•lY COMMISSION EXP, FEB 17,1989 that any decision made by the
22A/6
L/XJ �' ' / (/ �'�— Board with respect to any mat-
BONDED THRU GENERAL INS. UNO. ter considered at such hearings
or meetings,he will need a rec-
ord of the proceedings,and that,
KEYS
PROOF OF PUBLICATION
Box 597, TAVERNIER, FL. 33070
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared DAGNY WOLFF
, who on oath, says that he is EDITOR & PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
in the
newspaper in
NanCE Of nf'fENTl~ TO aMlDER
Court, was published in said
the issues of 4-]]-& 4-21H36
( /J,-/
U/ / '
. I, "'.['
, / " ,
/ '.1 .
\" '"",-^---c~ '., )\""
IN THE MATTER OF
Affiant further says that the said REPORTER is a
newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been
continuously published in the said Monroe County, Florida,
each week (on Thursday), and has been entered as second
class mail matter at the Post Office in Tavernier, in said
County of Monroe, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose of
securing this said advertisement for publication in the
said newspaper.
MY COMMISSION
SEAL
SWORN TO
NOTICE OF INTENTION TO L'ONSmBIt
ADOPTION OFCOllNTY_AfICII
NlmCE IS HEREBHIYEN TO WHOM IT MA Y CONC~" tloal.... F..w.v. ..
May 2,: fllll6 at 3:00 P,M, in Cuurtr...m B. llOO. Whi!l'helltl Sl'rt-ei: 'K..~ :W..~,-'
Mun,,", Cuunty. Fle>rida. the Il<~ \.r Cuunt! Ce>mmissi'l/lt'rl' u(Munru.. Cnunt;.',
FIe'.ma. inten.l.. te> ,..insider Ow adci,;ikm nfth.. r'~luwi~J( Cuunt,V Ordjqalll'e:
"
ORQINANCE NO. ,1986
AN ORDINANCE AMENDING SECTIONS 2,102(8) AND 2,10:1. MONRO~;
COIINTYCltDE,', INVRDER TO -PUT INTO E~'FECT CERTAIN
AMENllMENTS TO THE FAIR LABOR STANDARDS A<,'T: PROYlD1Nli ~OR
POLICY DEFINITIONS AND PROn;DllRES FOR THE AWARP IW
COMPENSATORY TiME ,~FF AT THE RA'FE OF IlNE AND ON~;'HAhF
J-!OURS ,FOR EACH_HOUlt OF OVERTIMt: W(IRl<ED: PROVIIJJNJ:U'tlR
SEVERABILITY: PROVIDINt;;,FOR INCORPORATION IN THE MONROE
COUNTYCODE'O!i' OJWINANO~S; PROVIDINIH'OR THE REPEAL t)F ALl.
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH ,THIS
ORDINANCE: PROVIDING FOR AN EFFECTIVE DATE.
Ptl\'Sua~t tOS....tj"n286.0I05.YIe>rida Statlltl'S.. noti".;is given that'ira '",l'S<m
(~idt"d, toapP.e'al.any ~~dslonmad~ hy thf Board :with rt"spt'(.t to .m>' matter
('onsidered at SU('~ ht"~ ur ~f;ltItinKs, he will nt"t'41 a r:el'orc~i)f tht., prn(:ff(lin~s.
an(.lthat,~ fur ~u{'.h, .J:lWl)C~.. tw, ,may rwt.d to t"nsqh:> that a verhatim ~'l Ird of' the
pt<'l't"(>di~ i.!ol mad..... whicll-rf!('urd indu(it'~ thE;' h'.!oltim~m.v and evi(lt'm"e upon _whit'h
lh<-app....n~lnl"'ha"ed, " " . .. '
IM'I'Eflll'tKey W.J<t'. F~,rid... this lith rla;.' nf April. 1 !186,;
DANNY L K()LHA{;~;
CI,'r;.ofth., Cirl'uil Cnurt
lIt' MOnrf~C()untv"'f'lorida
an (!x ()(fide) CI~rk oftht' ,
Hoard uf.Pl'uRtyC<~mmi.!ol~'onE;'n-
(~(M(mr(1t' r(iunt.v. fo')(lrida
../"-'.:'./'''
-
Puhlisherl:Aprilll.!l24. ]~~,
The Rel,,''''..r .', ' . "
Ta\'l'rilier..'L ;1:J(~7f1 .'
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, May 2, 1986 at 3:00 P.M. in Courtroom B, 500 Whitehead
Street, Key West, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the
adoption of the following County Ordinance:
ORDINANCE NO.
-1986
AN ORDINANCE AMENDING SECTIONS 2-102(B) AND
2 -1 0 3, MONROE COUNTY CODE, IN ORDER TO PUT
INTO EFFECT CERTAIN AMENDMENTS TO THE FAIR
LABOR STANDARDS ACT; PROVIDING FOR POLICY
DEFINITIONS AND PROCEDURES FOR THE AWARD OF
COMPENSATORY TIME OFF AT THE RATE OF ONE AND
ONE-HALF HOURS FOR EACH HOUR OF OVERTIME
WORKED; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCORPORATION IN THE MONROE COUNTY CODE
OF ORDINANCES; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING FOR
AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
DATED at Key West, Florida, this 8th day of April, 1986.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)