Loading...
2013-3788 Ordinance 2013-3788 MODIFIED OPTION "C" (COMMISSIONER WOLFSON'S AND CITY ATTORNEY'S OFFICE VERSION) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA BY AMENDING THE SALARY RANGES AND ESTABLISHING COMPENSATION PROVISIONS FOR THE CITY MANAGER AND CITY ATTORNEY; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to amend the City's Unclassified Employees Salary Ordinance to establish certain salary provisions and compensation categories for the City Manager and City Attorney. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Section 1 of the Unclassified Salary Ordinance No. 1605 (the "Ordinance") is hereby amended as follows: CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS A. Salary Grades and Ranges GRAVE MINIMUM MAXIM UM 26 DetermiRed by the GitT _ DetormiRed by the Gity SECTION 2. That Section 1 of the Ordinance is further amended to create the following new sub-subsection, entitled "Grade, Classifications and Salaries for the City Manager and City Attorney," which will be inserted immediately beneath the first subsection in Section 1 of the Ordinance, which subsection is entitled "Class and Pay Grades, Salaries and Classifications": CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS A. Salary Grades and Ranges Grade, Classifications and Compensation for the City Manager and City Attorney 26 CITY MANAGER BASE SALARY: $162,916.00/yr to $263,126.00/yr Medical insurance, Dental Insurance, Life Insurance 457 Deferred Compensation City Vehicle and/or Vehicle Allowance Planning Days Annual Vacation, As provided in Sick Leave, the Unclassified Floating, and Employees Leave Birthday Ordinance 26 CITY ATTORNEY BASE SALARY: $162,916.00/yr to $263,126.00/yr Medical insurance, Dental Insurance, Life Insurance 457 Deferred Compensation City Vehicle and/or Vehicle Allowance Planning Days Annual Vacation, As provided in Sick Leave, the Unclassified Floating, and Employees Leave Birthday Ordinance GRADE MINIMUM MAXIMUM BIWEEKLY BIWEEKLY SECTION 3. REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of �4q*r , 20 t'A rera B o r, ayor ATTEST Rafa Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & R EXECUTI (Sponsore me ner Jonah W Aft r e Date RATED: ; 26 i F:\ATTO\SMIAORDINANCES\SALARY ORDINANCE CITY MANAGER-CITY ATTORNEY Option C (Commissioner Wolfson's version).docx 3 MIAMI BEACH JOSE SMITH, CITY ATTORNEY OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower Members of the City Commission CC: Kathie Brooks, Interim Ci ager SECOND READING P FROM: Jose Smith, City At ey �.. DATE: January 16, 2013 SUBJECT: Amendments to Ordinance No. 1605, the Unclassified Employee Salary Ordinance, Regarding Salary and Compensation Provisions for the City Manager and City Attorney Consistent with Articles III and IV of the City Charter, the attached proposed Ordinances amend and set forth compensation provisions for the City Manager and City Attorney. Pursuant to Section 3.01, Article III of the City Charter, the "compensation for the City Attorney" shall be fixed by the City Commission by ordinance. As similarly provided in Article IV, Section 4.01 of the City Charter, the "City Manager's compensation shall be fixed by the City Commission by ordinance." The following provides a brief history of the City ordinances setting the compensation for the City Manager and the City Attorney. Legislative HistpEy Beginning in 1966, pursuant to Ordinance 1605, the City Commission established a compensation plan for offices and positions in the Unclassified Services of the City. This Ordinance established a schedule of salaries for, among others, the positions of City Manager and City Attorney. The City Manager's "salary per month was set at $2,083.33 and the City Attorney's "monthly compensation" was established between a minimum of$1,328.00 and a maximum of$1,614.00. In 1988, via Ordinance No. 88-2611, bi-weekly compensation maximum amounts were established for the City Attorney and for the City Manager in the amount of$3,448.28. ; Agenda Item Date In 1995, the City's Unclassified Salary Ordinance was amended, via Ordinance No. 95-3023, to provide for bi-weekly minimum and maximum compensation ranges for the City Manager ($3,824.89 to $6,124.60). In 1997, pursuant to Ordinance No. 97-3096, the "bi-weekly range of compensation" for the City Attorney was amended to reflect that it would be as "Determined by Commission." In 2001, Ordinance No. 2001-3305 established numeric salary grades with minimum and maximum salary ranges. The City Manager was designated with a salary Grade 26 with a minimum salary of $117,937.00 and a maximum salary of $189,108. In Ordinance No. 2002-3356 adopted in 2002, the City Manager and the City Attorney salary provisions for Grade 26 were amended to provide a minimum salary of $122,655. and a maximum salary of $198,100. for both positions. In- 2002, in Ordinance No. 2002-3383, salary Grade 26 for the City Manager and City Attorney was amended to reflect that minimum and maximum salary ranges would be "as Determined by City Commission." Proposed Salary and Compensation Ordinances Attached hereto are three proposed Ordinances regarding the salary and compensation for the City Manager and City Attorney. As discussed below, Modified Option A is the version approved by the City Commission on First Reading on July 18, 2012 and referred to the Finance and Citywide Projects Committee ("FCWPC"). This version reflects minor corrective amendments that add line items for deferred compensation and a vehicle allowance for the City Manager that reflect the actual benefits received by Interim City Manager Kathie Brooks. Option B is the proposal of the Finance and Citywide Projects Committee. Modified Option C is the proposal of Commissioner Jonah Wolfson and the City Attorney's Office. First Reading Version — Modified Option A The attached Modified Option A Ordinance was heard on First Reading before the City Commission on July 18, 2012 and was referred to the Finance and Citywide Projects Committee for its consideration. This option provides salary ranges for the City Manager and City Attorney, as well as other categories of compensation. The Ordinance was scheduled for a Second Reading/Public Hearing on September 12, 2012, but was continued to October 24, 2012 pending the FCWPC's review. On October 24, 2012, the Ordinance was again placed on the Commission agenda for Second Reading/Public Hearing, but was continued to December 12, 2012 pending consideration by the FCWPC. Subsequent to the FCWPC meeting, minor corrective amendments were made to add line items for deferred compensation and a vehicle allowance for the City Manager that reflect the actual benefits received by Interim City Manager Kathie Brooks, and a line item for the City Attorney's city vehicle to reflect actual vehicle benefits received. Finance and Citywide Projects Committee Version — Option B On November 9, 2012, the proposed Option A Ordinance was considered by the FCWPC. The Committee recommended a different version of the Ordinance which is attached hereto as Option B. This version provides salary ranges for the City Manager and City Attorney and for other compensation as may be set forth by agreement. Commissioner Jonah Wolfson's and Citv Attorney's Version — Modified Option C The Ordinance attached hereto as Option C reflects the proposals of Commissioner Jonah Wolfson and the City Attorney's Office. This version provides a salary range for the City Manager and City Attorney and certain specified categories of compensation. Conclusion The City Attorney concurs with Commissioner Jonah Wolfson that Modified Option C provides both transparency and flexibility and would be more likely to withstand a legal challenge based on a strict City Charter interpretation. JS/DT/mmd F:\ATTO\SMIJ\COMMISSION MEMOS\Salary Ordinance January 2 2013.docx