§ 2-11.13. Reimbursement to Miami-Dade County employees for certain loss or damage to personal property.
(a)
Reimbursement authorized. Miami-Dade County, in its sole discretion, may reimburse any employee of Miami-Dade County for the loss or damage to the personal property of the employee if said loss or damage was incurred in the discharge of the employee's duties. Such reimbursement may only be made upon the express and affirmative findings and recommendations of the Manager of the Insurance and Risk Management Division, the Budget Director, and the head of the department in which the employee was working at the time of the loss or damage, and, in those instances in which the value of the loss or damage exceeds the value set in accordance with the provisions of subsection (c), upon the express and affirmative concurrence of the County Manager therein, that:
(1)
The loss or damage was incurred in the discharge of the employee's duties on official County business;
(2)
The loss or damage was not otherwise compensated or reimbursed;
(3)
The loss or damage was not the result of the employee's negligence;
(4)
The loss or damage was not caused by the negligence or willful act of a third party who is liable for said loss or damage, or that if said loss or damage was caused by the negligence or willful act of a third party that it would be unreasonable to expect the employee to attempt recovery from said third party; and
(5)
The amount or reimbursement for the loss or damage is reasonable.
(b)
Reimbursement prohibited. There shall be no reimbursement under the terms of this section for damages to:
(1)
Personal clothing.
(2)
Automobiles or any type of land, sea, or air motor vehicle or trailer.
(3)
Personal property due to acts of fellow employees, whether accidental or willful.
(c)
Approval. The County Manager is directed to establish by administrative order the threshold claim value above which approval by the Board of County Commissioners will be required, and is authorized to approve reimbursements in amounts below that value. Reimbursements for claims in excess of this threshold must be approved by the Board of County Commissioners.
(d)
Subrogation agreement. The employee shall execute appropriate documents subrogating to Miami-Dade County any claim for compensation, damages, or other reimbursement, either contingent or vested, to sue in the name of the employee of its own, and the employee shall agree to affirmatively cooperate with Miami-Dade County in any such action or claim for damages.
(e)
Fraudulent claim. Any employee who files a claim for reimbursement knowing said claim to be untrue, or any employee receiving reimbursement under the provisions of this section and who fails willfully or negligently or otherwise to make a complete and unqualified disclosure of the facts underlying the claim or of a present right or a right he may have in the future to receive reimbursement or compensation from any other party for his loss or damage shall be guilty of fraud and shall be subject to prosecution for Commission of same and shall, upon conviction, be punished as provided in Section 1-5, Code of Miami-Dade County, Florida.
(f)
Notice. Notice of any such claim by an employee under this section shall be made and filed in accordance with Section 2-2, Code of Miami-Dade County, Florida.
(g)
Purpose of section. The specific and only purpose of this section is to legislate and declare expenditures, made in conformity with and pursuant to its terms, to be lawful expenditures of public funds, and to authorize said expenditures, and it is the express intent of this section that no cause or right of action be created against Miami-Dade County on the part of any employee who shall make claim pursuant to its provisions.
(Ord. No. 69-27, §§ 1—7, 4-1-69; Ord. No. 79-83, § 1, 10-2-79; Ord. No. 90-131, § 1, 11-27-90)
Editor's note— Pursuant to the provisions of § 9 of Ord. No. 69-27, which authorized inclusion of said ordinance as a part of this Code, the editors codified §§ 1—7 of said Ord. No. 69-27 as § 2-11.13 of this Code.
Annotation— AO 2-7-84.