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HomeMy WebLinkAboutResolution 2026-34239RESOLUTION NO. 2026-34239 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING AND PRESENTATION OF A FRINGE BENEFITS ANALYSIS IN ACCORDANCE WITH SECTION 5.04 OF THE CITY CHARTER, RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES ("AFSCME"), LOCAL 1554, FOR THE PERIOD FROM MAY 1, 2025 THROUGH APRIL 30, 2028 ("LABOR AGREEMENT"); AMENDING THE PAY PLAN TO PROVIDE ACROSS THE BOARD COST -OF -LIVING ADJUSTMENTS FOR ALL BARGAINING UNIT POSITIONS AS PROVIDED HEREIN; AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LABOR AGREEMENT. WHEREAS, the City Manager has submitted to the Mayor and City Commission the attached Labor Agreement, recently negotiated between the City of Miami Beach ("City") and AFSCME, for the employees covered by said Labor Agreement for the three- year period starting May 1, 2025, through April 30, 2028; and WHEREAS, Exhibit A to this resolution is a copy of the contract language changes in substantial form that reflects the pension and economic issues, and the non -economic issues, tentatively agreed to between the City and AFSCME; and WHEREAS, Exhibit B to this resolution is a written report presented by the City Manager or his designee as required by Section 5.04 of the City Charter, detailing the current status and related fiscal impacts of fringe benefits, including pension and health insurance plans; and WHEREAS, pursuant to City of Miami Beach, Florida, Code Section 78-323(a), the adoption of this resolution shall also serve to amend the pay plan to implement changes to the base pay schedules as a result of negotiated wage increases for positions within the bargaining unit, as described in Exhibits A and B; and WHEREAS, any changes to the substantial form would be non -material in nature as determined by the City Attorney and AFSCME, or else would require re -ratification by the City Commission and AFSCME; and WHEREAS, AFSCME bargaining unit employees held a ratification vote on [insert date], whereby the proposed 2025-2028 Labor Agreement was approved by a majority of the bargaining unit members who voted. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly noticed public hearing and presentation of a fringe benefits analysis in accordance with Section 5.04 of the City Charter, ratify a three (3) year Labor Agreement between the City of Miami Beach and the American Federation of State, County and Municipal Employees ("AFSCME"), Local 1554, for the period from May 1, 2025 through April 30, 2028 ("Labor Agreement"); amend the pay plan to provide across the board cost -of -living adjustments for all bargaining unit positions as provided herein, - and authorize the Mayor and City Manager to execute the Labor Agreement. PASSED AND ADOPTED this as day of A&d , 2026. ATTEST: Steven Meiner, Mayor APR 2bna Rafael E. ranado, City Clerk APPROVED AS TO FORM & LANGUAGE APR 2 8 2026 & FOR X CUTION '.INC4R°RATED! ' City y Ait&ney x'R Date 2 Resolutions - R7 A MIAMI BEACH COMMISSION MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: April 22, 2026 2:10 p.m. Public Hearing TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING AND PRESENTATION OF A FRINGE BENEFITS ANALYSIS IN ACCORDANCE WITH SECTION 5.04 OF THE CITY CHARTER, RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES ("AFSCME"), LOCAL 1554, FOR THE PERIOD FROM MAY 1, 2025 THROUGH APRIL 30, 2028 ("LABOR AGREEMENT"); AMENDING THE PAY PLAN TO PROVIDE ACROSS THE BOARD COST -OF -LIVING ADJUSTMENTS FOR ALL BARGAINING UNIT POSITIONS AS PROVIDED HEREIN; AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LABOR AGREEMENT. RECOMMENDATION The Administration recommends adoption of this resolution. BACKGROUND/HISTORY The city's workforce is divided into classified and unclassified employees. Employees in the classified service are further divided by bargaining group as follows: American Federation of State, County, and Municipal Employees. Local 1554 ("AFSCME"), Communications Workers of America, Local 3178 ("CWA"), Government Supervisors Association of Florida, OPEIU, Local 100 ("GSAF"), Fraternal Order of Police, William Nickols Lodge No. 8 ("FOP"), and International Association of Firefighters, Local 1510 ("IAFF"). The are also a few remaining classified employees not represented by a bargaining agent. The city negotiates every three years with each of the bargaining agents over the terms and conditions of employment for the employees within each unit and these are reduced to written collective bargaining agreements. The city has now finished negotiating successor agreements with AFSCME and CWA. In doing so, the city will have concluded all bargaining until the next round negotiations begin in 2027. The proposed resolution ratifies the agreements reached during negotiations with AFSCME which by the reading of this resolution would have been voted favorably and ratified by the unit. ANALYSIS The last bargaining agreement in effect between the city and AFSCME expired April 30, 2025. The parties began negotiating a successor agreement in October 2025, after AFSCME was recertified as the bargaining agent for the unit. After multiple sessions of negotiations, the parties reached tentative agreement on a successor three-year agreement ("Agreement") covering the period of May 1, 2025 through April 30, 2028. The Agreement is attached to the resolution as Exhibit A. All proposed changes to the Agreement are tracked — underlined text indicates new language and cross -outs indicate deleted language. The union has scheduled a vote on April 16, 1161 of 2461 2026, to ratify the tentative agreement. The proposed resolution seeks the Commission's ratification by majority vote. The following is a summary of the newly negotiated substantive terms between the parties listed in numerical sequence: Article I Sections 1.2 and 1.5 (Unit definition; dues): As part of the process of recertifying AFSCME as the exclusive bargaining agent for the unit of city employees it represents, the Public Employees Relations Commission ("PERC") undertook a review of the appropriateness of the job classifications within the unit. This resulted in an updated definition of the unit through the elimination of outdated job classifications and inclusion of new job classifications created since the unit had last been clarified in 2014. The amendments to section 1.2 in Article I reflect the job classification changes to the unit pursuant to its last certification in 2025 by PERC. The proposed change to section 1.5, Article I is to eliminate the requirement that the city provide the union with information on the collection of union dues. Article II (Deduction and collection of union dues): Article II is stricken in its entirety because the Public Employees Relations Act (Ch 447, Pt. II, F.S.) prohibits the deduction and collection of union dues by the city for bargaining agents representing employees who are not, in their majority, law enforcement, firefighters, public safety telecommunicators, EMTs or paramedics. Article IV Section 4.2 (Grievance process): The parties amended the grievance procedure by limiting the number of participants on behalf of the union and grievant at each step of the process as follows: Step 1 involving a meeting with the grievant's direct supervisor — only two members from the union including the grievant can attend; Step 2 — involving a meeting with the grievant's department director — only three members from the union including the grievant can attend; and Step 3 — involving a meeting with the City Manager or Human Resources as the Manager's designees — only five members from the union including the grievant can attend. This is significant because attendance by union throughout the steps of the grievance process occurs on city time and it limits disruption to city operations through the absence of an unlimited number of representatives from across numerous divisions. Section 7.14 Standby: The parties negotiated a definite period of time (15 minutes) during which the city can contact an employee, while on their own time, and discuss work related matters without it being considered compensable time. Article VIII Wages and Fringe Benefits: Section 8.1 Wages: The parties agreed to an across-the-board cost -of -living adjustment ("COLA") of 3% in July 2025, 3% in April 2026, and 3% in April 2027. The COLA will also adjust the minimum and maximum pay in the {say ranges for the job classifications in the bargaining unit. The table appended as 1 A, 113, and 1 C have been adjusted to reflect the 3% increase as of July 2025, April 2026, and for April 2027. In addition, the parties agreed to red -line the salary or pay of any employee whose current pay exceeds the top of the range, with an exception of a one- time, non -pensionable merit increase of up to 3%, based on the annual evaluation score and with the favorable recommendation of the department director, for the fiscal years covering the term of the contract. Section 8.3 Holidays: The list of paid holidays was agreed to be amended to include the Public Safety Employee Appreciation Day and now has collapsed the birthday floater into the general floating holidays for the same total of four floaters per year. 1162 of 2461 Section 8.4 Holiday Pav: The parties agreed that any employee who fails to report to work as scheduled during the scheduled shift immediately preceding a holiday, the holiday, or the scheduled shift immediately after the holiday ("Blackout Period") will forfeit Holiday Pay for the holiday. This is a significant concession that preserves reliable and dependable attendance to work on the day preceding and following the holiday and the holiday while avoiding overtime to fill unscheduled call outs. Any employee who fails to report to work during the Blackout Period will have their absence charged against their leave and further, will not be entitled to receive holiday pay for the holiday. Section 8.6 Uniform: The city has agreed to provide a belt as part of the items of uniform wear provided to employees in the unit who are required to wear a uniform to work. Sections 8.7 and 8.11 (Safety Shoes, Tool Allowance): The positions listed in these sections have been updated to correspond with the changes to the unit in Section 1.2. Sections 8 12 8 24 and 10 13 (Bereavement Leave Sellback, Leave Accruals): These sections were amended to update the corresponding benefits to the Classified Employees' Leave Ordinance. The bereavement allowance was increased from three days to five days according to the Ordinance and its use limited to within 6 months from the date of the passing of the covered family member. Incorporating the Ordinance by reference also allows the membership to participate in any leave sellback program authorized by the City Manager. Finally, the cap on carry -forward vacation accrual is increased from 500 hours to 600 hours. Section 8.15 Certificates Pay: This section was amended to exclude specific positions from receiving the Certificate pay once incorporated into the bargaining unit. Section 8.18 DROP: The parties agreed to extend the DROP participation period from five years to eight years. Section 8.19 Training Supplement Pay: The city agreed to pay employees assigned to train others, as directed by the department, $3.00 additional an hour as a supplement. Section 8.20 Skill Pay Supplement: This section was updated to reflect the appropriate certification names and the updated position titles. Also, there was a tightening on the conditions required to receive the pay, such as being on active work assignment as opposed to light duty and maintain an active certification. The section was also amended to add skill pay for employees who obtain and use a CDL in their regular work functions and to add skill pay for up to twelve Recreation Division employees who obtain a Department of Children and Family credential and are assigned to work in a city licensed child-care facility. The CDL and Child -Care Personnel skill pay supplements are not pensionable. Finally, the parties agreed to provide an incentive to employees who obtain a CDL and participate in a voluntary assignment pool to meet the ad hoc operational needs of the city when specific functions that require a CDL are performed at a premium. Section 10.20 Union Bulletin Boards: The city agreed to allow the Union to set up a table for information purposes at new hire orientation involving employees in the unit. Section 10.22 Me Too: The parties agreed to limit the scope of the Union's "Me Too" clause to across-the-board COLAs only. Section 11.3 Reopener: The parties agreed to reopen negotiations for the limited purpose of improving drug testing through improved testing methods. 1163 of 2461 FISCAL IMPACT STATEMENT The negotiated changes to the Agreement over the three-year term (May 1, 2025 through April 30, 2028) assumes an estimated impact of $262,470 for FY 2025/2026, $1,003,031 for FY 2026/2027, and $1,344,208 for FY 2027/2028. The estimated aggregate impact over the three years is $2,609,708. Attached as Exhibit B is a written report presented by the City Manager or his designee as required by Section 5.04 of the City Charter, detailing the current status and related fiscal impacts of fringe benefits, including pension and health plans. The fringe benefits including pension and insurance plans provided by or funded by the City to its officers and employees have been considered and incorporated into the City budget as a line item within each Department's budget. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https•//www miamibeachfl gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION See above fiscal impact statement. Fiscal year 2025/26 salaries and benefits are funded in each Department's funds in the City's 2025/26 budget. CONCLUSION The Administration finds the provisions of this contract fair to the employees and fiscally responsible for the City. Therefore, adoption of this resolution is recommended. Exhibit A to the resolution is a copy of the proposed labor agreement. The City Attorney's Office has reviewed and approved the contract language as to form and legal sufficiency. Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? No Is this item related to a G.O. Bond Project? No Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Human Resources 1164 of 2461 Sponsor(s) Co-sponsor(s) Condensed Title 2:10 p.m. PH, Ratify 3-year Labor Agreement w/ AFSCME, May 1, 2025 to April 30, 2028. HR Previous Action (For City Clerk Use Only) 1165 of 2461 Agenda Item---t`=&— Date 2,G Cardillo, Lilia From: Alpizar, Marla Sent: Friday, April 17, 2026 7:12 PM To: Cardillo, Lilia Cc: Granado, Rafael; Bravo, Lorena; Taxis, Mark; Carpenter, Eric; Lefell Winstead, Union President of AFSCME Local 1554. Subject: FW: AFSCME Local 1544 Contract Ratification Good afternoon, Please attach the AFSCME union president email below to the 4/22/26 Commission Resolution for AFSCME's contract. This email affirms AFSCME's ratification of the new collective bargaining agreement with the City. Thank you. Marla Alpizar CMB HR Director From: Lefell Winstead<lefell1554afscmepresident@gmail.com> Sent: Friday, April 17, 2026 1:48 PM To: Alpizar, Marla<MarlaAlpizar@miamibeachfl.gov>; Bravo, Lorena <LorenaBravo@miamibeachfl.gov> Cc: Larry Tarver <plies357@gmail.com>; Elliott Miller Public Works Steward <Whutdeydo@yahoo.com>; Mario Roberts <marioroberts1@aol.com>; Arnold Shefftal <shefftalarnold@yahoo.com>; Natasha Grant <ngrant@afscmefl.org>; Madelin Gonzalez <m gonzalez@afscmefl.org>; Patricia Pierre <PPierre@afscmefl.org> Subject: AFSCME Local 1544 Contract Ratification [ THIS MESSAGE COMES FROM AN EXTERNAL EMAIL - USE CAUTION WHEN REPLYING AND Or'C7*11NG LINKS OR ATTA r-UMCKITS ] To the Human Resources Department, Please be advised that AFSCME Local 1544 has successfully ratified its contract on April 16, 2026. This ratification reflects the collective agreement and support of its membership. If any additional documentation or follow-up is required, please let me know. In solidarity, Lefell Winstead President, AFSCME Local 1554 THIS PAGE INTENTIONALLY LEFT BLANK