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ORDINANCE NO. 08-018
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AN ORDINANCE AMENDING CHAPTER 1-2
(ADMINISTRATION) OF THE ST. LUCIE COUNTY CODE OF
ORDINANCES AND COMPILED LAWS BY CREATING
A RnCLE VI ("EMPLOYEE SEPARATION INCENTIVE
PROGRAMS"); CREATING SECTION 1-2-66 (VOLUNTARY
SEPARATION INCENTIVE PROGRAM) TO PROVIDE FOR
THE ADOPTION OF A VOLUNTARY SEPARATION
INCENTIVE PROGRAM FOR ELIGIBLE COUNTY EMPLOYEES;
CREATING SECTION 1-2-67 (SEPARATION IN LIEU OF
NOTICE OF REDUCTION IN FORCE PROGRAM) TO
PROVIDE FOR THE ADOPTION OF A PAY IN LIEU OF
NOTICE OF REDUCTION IN FORCE PROGRAM; PROVIDING
FOR SEVERABILITY, EFFECTIVE DATE, FILING WITH
DEPARTMENT OF STATE, ADOPTION, AND
CODIFICA TION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. The Board is committed to continued efforts to identify cost-saving
opportunities to implement programs that will successfully reduce recurring fiscal costs while
minimizing the impact to County employees and operations.
2. A County purpose may be served by the County paying certain employees
severance pay and incentive pay for notice of the employee opting to participate in an
incentive program to terminate his County employment earlier than the employee otherwise
would have done so.
3. Pursuant to Section 215.425, Florida Statutes (2007), a county is prohibited
from paying extra compensation to an employee except when such payment is made pursuant
to policies adopted by ordinance or resolution.
4. The Board has the exclusive authority to establish personnel policies.
5. The Board has determined that establishing and implementing a Separation
Incentive Programs for eligible County employees serves a valid public purpose.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
PART A.
CHAPTER 1-2 ("ADMINISTRATION") OF THE ST. LUCIE COUNTY CODE OF
ORDINANCES AND COMPILED LAWS IS HEREBY AMENDED TO CREATE
ARTICLE VI ('EMPLOYEE SEPARATION INCENTIVE PROGRAM") AS FOLLOWS:
ARTICLE VI. EMPLOYEE SEP ARA TION INCENTIVE PROGRAMS
Sec. 1-2-66. Voluntary Separation Incentive Program
ÍQ) The Board hereby authorizes the creation of a voluntary separation incentive program
to permit qualified employees to accept a severance incentive and terminate their employment with the
County. The effective date of the program and amount of the separation incentive shall be established
by resolution adopted by the Board amending the Employee Handbook. In implementing this ordinance.
the County shall comply with all applicable federal. state and local rules and regulations. Any sums
expended under this program shall be derived from legally available County funds.
,(Q) All St. Lucie County employees shall be eligible to participate. at their sole option. in the
voluntary separation incentive program if they meet the following requirements:
1. Vested in the Florida Retirement System. and.
£ Employed by the County for a minimum of six (6) years.
W Any payment made pursuant to this ordinance shall not be calculated in the compensation
due an employee under the Florida Retirement Systems Act. Chapter 121. Florida Statutes (2007), This
ordinance is not intended to alter or affect in any way the years of creditable service as defined in
Section 121.021(17), Florida Statutes (2007),
Sec. 1-2-67. Separation Pay in Lieu of Reduction in Force Program
ÍQ) The Board hereby authorizes separation payments to County employees whose positions
would otherwise be eliminated due to a Reduction in Force (RIF) approved by the Board. Such payments
shall be considered compensation in lieu of notice of the RIF. The effective date of the program and
amount of the separation payment shall be established by resolution adopted by the Board amending the
Employee Handbook. In implementing this ordinance. the County shall comply with all applicable federal.
state and local rules and regulations. Any sums expended under this program shall be derived from
legally available County funds.
,(Q) Any payment made pursuant to this ordinance shall not be calculated in the compensation
due an employee under the Florida Retirement Systems Act. Chapter 121. Florida Statutes (2007), This
ordinance is not intended to alter or affect in any way the years of creditable service as defined in
Section 121.021(17), Florida Statutes (200n.
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PART B.
SEVERABILITY .
Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause
or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this
ordinance shall not be affected thereby.
PART C.
EFFECTIVE DATE.
A certified copy of this ordinance shall be filed with the Department of State by the Clerk of
the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board,
and this ordinance shall take effect on upon filing with the Department of State.
PART D.
FIUNG WITH DEPARTMENT OF STATE.
The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the
Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304.
PART E.
ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Joseph E. Smith
Vice Chairman Paula A. Lewis
Commissioner Doug Coward
Commissioner Chris Craft
Commissioner Charles Grande
AYE
AYE
AYE
AYE
AYE
PART F.
CODIFICA TION.
Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance"
may be changed to "section," "article" or other appropriate word and the sections of this ordinance may
be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall
not be codified.
PASSED AND DULY ADOPTED this 22nd day of April, 2008.
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY. FLORIDA
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APPROVED AS TO FORM AND
CO ECTNESS:
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