2012-3760 Ordinance ORDINANCE NO. 2012-3760
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES
SALARY ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AS FOLLOWS: PROVIDING FOR THE
CLASSIFICATIONS IN GROUP I, REPRESENTED BY THE
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES (AFSCME) LOCAL 1554, IN
ACCORDANCE WITH THE NEGOTIATED COLLECTIVE
BARGAINING AGREEMENT, EFFECTIVE THE FIRST FULL
PAY PERIOD ENDING APRIL 2012, AN ACROSS THE BOARD
COST-OF-LIVING ADJUSTMENT (COLA) OF THREE
PERCENT (3%) AND A THREE PERCENT (3%) INCREASE TO
THE MINIMUM AND MAXIMUM OF EACH PAY RANGE;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
FOR SEVERABILITY, AN EFFECTIVE DATE AND
CODIFICATION.
WHEREAS, Classified employees are categorized into 6 groups: Group I
represented by the American Federation of State, County and Municipal Employees
(AFSCME) Local 1554; Group II represented by the Fraternal Order of Police (FOP)
William Nichols Lodge No. 8; Group III represented by the International Association of
Firefighters (IAFF) Local 1510; Group IV represented by the Communications Workers
of America (CWA) Local 3178; Group V represented by the Government Supervisors
Association of Florida (GSAF), OPEIU, Local 100; and Group VI comprising of all other
classifications in the Classified Service not covered by a bargaining unit (commonly
referred to as "OTHERS"); and
WHEREAS, the City of Miami Beach has approximately 1,487 Classified
employees of which, approximately 418 of these employees are covered by the
AFSCME Local 1554 (Group 1); and
WHEREAS, in 2010 the City and AFSCME reached agreement to amend the
prior three-year collective bargaining agreement (CBA); and
WHEREAS, the successor three-year CBA between the City and AFSCME was
approved by the corresponding bargaining unit members and ratified by the City
Commission on July 14, 2010; and
WHEREAS, in order to attain the City Commission's goal of approximately $15
million savings in employee concessions for FY2009/2010 and FY2010/2011, the
AFSCME CBA contained the following provisions as cost savings components: no cost-
1
of-living adjustments (COLA) for the first two and one-half (2 'h) years of the agreement;
no merit increases for bargaining unit employees represented by AFSCME from May 1,
2010 through April 30, 2012; and when the merits resume, the maximum will be two
percent (2%) instead of the previous maximum of four percent (4%): and
WHEREAS, an across the board COLA of three percent (3%) for all Classified
employees represented by AFSCME was negotiated, with a corresponding increase to
the minimum and maximum of each pay grade, effective with the first full pay period
ending in April 2012 (approximately six (6) months into FY 2011/2012); and
WHEREAS, the COLA listed herein for the employees represented by AFSCME
is in compliance with the negotiated CBA; and
WHEREAS, the COLA listed herein for employees represented by AFSCME is
consistent with the negotiated COLA for the other Classified employees represented by
a bargaining unit ((CWA, GSAF, FOP and IAFF) Groups II through V); and
WHEREAS, no Classified employee represented by AFSCME who left the City
prior to the date of implementation of the COLA effective the first full pay period ending
in April 2012 will be eligible for this COLA increase; and
WHEREAS, there is a need to amend the salary ranges of Classified employees
represented by AFSCME in order to ensure that the City has an employee classification
and compensation system that is fair and internally and externally competitive.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: Effective the first full pay period ending in April 2012, the minimum
and the maximum biweekly pay ranges for the classifications represented by AFSCME
will be changed to reflect an employee classification and compensation system that is
fair and competitive. The following lines of Section 1 of the Classified Salary Ordinance
No. 789 shall be amended as follows:
[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
2
GROUP
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
(AFSCME) LOCAL 1554
Salary Ranges and Classification
A. Salary Grades and Ranges
GRADE MINIMUM MAXIMUM
BIWEEKLY BIWEEKLY
10 42,921 69,320 2,746
9 39,500 1,565 63,797 2,527
8 36,352 1,440 58,712 2,326
7 33,453 1,325 54,931 2,140
6 30,788 1,220 49,725 1,970
5 29,334 1,122 45,760 1,813
4 266 1,033 42,114 1,668
3 23,996 951 38,757 1,535
2 22,084 35,668
4 20,324 32,824
In compliance with Sections 2-407 through 2-410 of the City Code, entitled "Living Wage
Requirements for Service Contracts and City Employees" (See Ordinance 2010-3682 and
Resolution 2011-27752), the minimum and the maximum hourly rate for Ranges 2 and 1 shall be
amended as follows:
GRADE MINIMUM MINIMUM MAXIMUM
HOURLY HOURLY HOURLY
RATE RATE RATE
WITH WITHOUT
HEALTH HEALTH
BENEFITS BENEFITS
2 10.94 12.17 17.66
1 10.72 12.17 16.25
3
In compliance with Sections 2-407 through 2-410 of the City Code, entitled "Living Wage
Requirements for Service Contracts and City Employees" (See Ordinance 2010-3682 and
Resolution 2011-27752), effective October 1, 2012, the minimum and the maximum hourly rate for
Ranges 2 and 1, shall be as follows:
GRADE MINIMUM MINIMUM MAXIMUM
HOURLY HOURLY HOURLY
RATE RATE RATE
WITH WITHOUT
HEALTH HEALTH
BENEFITS BENEFITS
2 11.28 12.92 17.66
1 11.28 12.92 16.25
B. Grades and Classifications
GRADE CLASSIFICATION UNION
10 BUILDING SUPERVISOR AFSCME
10 DIESEL GENERATOR MECHANIC AFSCME
10 FIRE EQUIPMENT MECHANIC AFSCME
10 MECHANIC III AFSCME
10 PEST CONTROL SUPERVISOR AFSCME
9 HEAVY EQUIPMENT OPERATOR II AFSCME
9 IRRIGATION SYSTEMS SUPERVISOR AFSCME
9 MECHANIC II AFSCME
9- PARK SUPERVISOR AFSCME
9 PUMPING MECHANIC AFSCME
9 RECREATION PROGRAM SUPERVISOR AFSCME
9 SEWER SUPERVISOR AFSCME
9 STREET SUPERVISOR AFSCME
9 TREE MAINTENANCE SUPERVISOR AFSCME
9 WASTE DRIVER SUPERVISOR AFSCME
9 WATER SUPERVISOR AFSCME
8 CONTROL ROOM OPERATOR AFSCME
8 HEAVY EQUIPMENT OPERATOR I AFSCME
8 SIGN MAKER AFSCME
8 STOREKEEPER II AFSCME
8 STREET LIGHTING TECHNICIAN II AFSCME
4
7 ASSISTANT PUMPING MECHANIC AFSCME
7 CENTRAL SERVICES TECHNICIAN AFSCME
7 FLEET SERVICE REPRESENTATIVE AFSCME
7 MUNICIPAL SERVICE WORKER III AFSCME
7 SEWER PIPEFITTER AFSCME
7 STOREKEEPER I AFSCME
7 WATER METER TECHNICIAN II AFSCME
7 WATER PIPEFITTER AFSCME
6 FLEET SERVICE WRITER AFSCME
6 MECHANIC I AFSCME
6 STREET LIGHTING TECHNICIAN I AFSCME
5 MUNICIPAL SERVICE WORKER II AFSCME
5 STORES CLERK AFSCME
5 TREE TRIMMER AFSCME
5 WASTE COLLECTOR AFSCME
5 WATER METER TECHNICIAN I AFSCME
4 MUNICIPAL SERVICE WORKER I AFSCME
3 MUNICIPAL SERVICE WORKER TRAIN AFSCME
3 MUSEUM GUARD AFSCME
Note: There is currently no AFSCME classification in Grades 2 or 1.
SECTION 2: REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3: SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4: EFFECTIVE DATES.
The Ordinance Amendments set forth in Section 1 above shall become effective the first
full payroll period in April 2012. A three percent (3%) across the board COLA for all
5
�. cla- 376
Classified employees represented by AFSCME shall become effective the first full
payroll period in April 2012.
SECTION 5: CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part
of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section," "article," or other appropriate word.
PASSED and ADOPTED this 11th day of April , 2-012.
Matt' errera Bower, lyfayor
ATTEST: APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION
Po rax& llz�iz
\P �.... Y.. Y
Robert Parcher, Cit y Clerk ne� O Date
INCORP ORATED;
TAAGENDA\2012\3-21-12\C0LA-ORDINANC EME 3 F 21 g.docx
6
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Classified Employees Salary Ordinance(No.789)as follows: providing for members of the
American Federation of State, County and Municipal Employees (AFSCME) Local 1554, in accordance with the
negotiated Collective Bargaining Agreement(CBA), effective the first full pay period ending April 2012, an across the
board cost-of-living adjustment(COLA)of three percent(3%)and a three percent(3%) increase to the minimum and
maximum of each AFSCME pay range; repealing all ordinances in conflict; providing for severability, an effective date
and codification.
Key Intended Outcome Supported:
Increase community satisfaction with City government.
Supporting Data(Surveys,Environmental Scan,etc.): In the 2009 Community Satisfaction Survey,among the four
(4) areas of customer service measured, 85.5% of respondents agreed that"the employees that assisted me were
courteous and professional."
Issue:
Shall the City provide a classification and compensation system that is fair and externally and internally competitive;
and consistent with the terms of the CBA negotiated with AFSCME, by amending the Classified Employees Salary
Ordinance to provide an across the board COLA of three percent(3%)to all AFSCME employees,and a three percent
(3%)increase to the minimum and maximum of each AFSCME pay range,effective with the first full pay period ending
April 2012?
Item Summa /Recommendation:
Second Reading Public Hearing
An Ordinance amending the Classified Employees Salary Ordinance (No. 789) by providing for a three percent(3%)
COLA for AFSCME employees effective with the first pay period ending in April 2012; and changing the minimum and
maximum of the AFSCME pay ranges. The AFSCME Collective Bargaining Agreement that was ratified by the
Commission in 2010 included a three percent(3%)COLA for AFSCME employees and the adjustment of the AFSCME
pay ranges. The AFSCME COLA amount was budgeted and approved by the City Commission as part of the
FY2011/2012 budget process. Ratified collective bargaining agreements are legally binding and enforceable. Disputes
involving labor contracts can be litigated through grievances and arbitrations, unfair labor practice charges before the
Public Employees Relations Commission(PERC), and lawsuits, all of which involve potential money or other remedies
and defense costs.The Administration recommends the City Commission approve the Ordinance on second reading on
April 11, 2012.
Advisory Board Recommendation:
Discussed and approved by the Finance and Citywide Projects Committee at the June and July 2011 budget-related
meetings as well as by the City Commission at the September 2011 budget commission meetings.
Financial Information:
Source of Amount Account Approved
Funds: 1 $240,000 Included in various Departmental salary
budgets for FY 2011/2012
OBPI Total $240,000 Included in various Departmental salary
budgets for FY 2011/2012
Financial Impact Summary: The COLA for the AFSCME employees represents an impact of approximately
$240,000 to the City's FY2011/2012 operating budget. This amount was budgeted and approved by the City
Commission as part of the FY2011/2012 budget process.
City Clerk's Office Legislative Tracking:
Ramiro Inguanzo, Human Resources Director
Sign-Offs.
Department Director Assistant City Manager City Manager
Ramiro Inguanzo Hilda Fernandez Jorge M. Gonzalez
GENDA\2012\4-11-12\CO - CME SUMMARY MEMO.docx
AGENDA ITEM R5
MIAMIBEACH
DATE y-11-1 Z
® MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: April 11, 2012 SECOND READING PUBLIC HEARING
SUBJECT: American Federation of State, County and Municipal Employees (AFSCME)
Local 1554 Cost-of-Living Adjustment (COLA)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE
CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI
BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR THE
CLASSIFICATIONS IN GROUP I, REPRESENTED BY THE AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
(AFSCME) LOCAL 1554, IN ACCORDANCE WITH THE NEGOTIATED
COLLECTIVE BARGAINING AGREEMENT, EFFECTIVE THE FIRST FULL
PAY PERIOD ENDING APRIL 2012, AN ACROSS THE BOARD COST-OF-
LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%) AND A THREE
PERCENT (3%) INCREASE TO THE MINIMUM AND MAXIMUM OF EACH
PAY RANGE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION.
RECOMMENDATION
This Ordinance was scheduled for first reading on February 8, 2012, but was deferred to
the February 24, 2012 special City Commission meeting. At the February 24 special City
Commission meeting, the item was deferred to the March 21, 2012 City Commission
meeting. At the March 21, 2012 City Commission meeting, the Ordinance was approved
on first reading.
The Administration recommends that the City Commission approve the Ordinance on
second reading on April 11, 2012.
ANALYSIS
The City of Miami Beach has the following five (5) Classified employee groups that are
represented by bargaining units:
• Group I - Represented by the American Federation of State, County and Municipal
Employees (AFSCME) Local 1554;
• Group II - Represented by the Fraternal Order of Police (FOP) William Nichols Lodge
No. 8;
• Group III - Represented by the International Association of Firefighters (IAFF) Local
1510;
City Commission Memorandum
April 11,2012
AFSCME Classified Salary Ordinance
Page 2 of 3
• Group IV - Represented by the Communications Workers of America (CWA) Local
3178; and
• Group V - Represented by the Government Supervisors Association of Florida
(GSAF), OPEIU, Local 100.
In addition, the City has one (1) unrepresented Classified employee group, Group VI,
comprising all other classifications in the Classified Service not covered by a bargaining
unit. This group is commonly referred to in the City of Miami Beach as the "Others".
By way of background, in 2010 the City and AFSCME reached an agreement to amend
the prior three-year Collective Bargaining Agreement. The successor three-year
Agreement was approved by the AFSCME bargaining unit members and ratified by the
City Commission on July 14, 2010.
In order to attain the City Commission's goal of approximately $15 million in savings
from employee concessions applicable towards FY2009/2010 and FY2010/2011 for all
Classified and Unclassified employees, the AFSCME Agreement contained the following
provisions as cost savings components:
• No cost-of-living adjustments (COLAs) for the first two and one-half (2 '/z) years of
the Agreement; and
• No merit increases from May 1, 2010 through April 30, 2012. When the merits
resume, the maximum will be two percent (2%) instead of the previous maximum of
four percent (4%).
An across the board COLA of three percent (3%) for AFSCME employees was
negotiated, effective with the first full pay period ending in April 2012 (approximately six
(6) months into FY2011/2012). Correspondingly, as stipulated in the Agreement, the
minimum and maximum of each pay range would increase effective the first full pay
period ending in April 2012.
Based on the provision of the Collective Bargaining Agreement between AFSCME and
the City, the Administration recommends implementing a three percent (3%) across the
board COLA, effective the first full pay period ending April 2012 (six (6) months into the
FY2011/2012), for AFSCME employees; increasing the minimum and maximum of each
AFSCME pay range correspondingly by three percent (3%); and amending Ordinance
No. 789, the Classified Employees Salary Ordinance of the City of Miami Beach, Florida
accordingly. The Ordinance amendment will ensure that the City has an employee
classification and compensation system that is reasonable and competitive.
This COLA adjustment is comparable to the Consumer Price Index (CPI) for the Miami-
Fort Lauderdale area as of December 2011, which was 3.1%, as well as the COLA
adjustment provided by the U.S. Federal Government to all Social Security beneficiaries
in January 2012, which was 3.6%.
No AFSCME employee who separated from employment with the City prior to the date
of implementation of the COLA effective the first full pay period ending in April 2012 will
be eligible to receive this COLA increase.
City Commission Memorandum
April 11,2012
AFSCME Classified Salary Ordinance
Page 3 of 3
The COLA for AFSCME employees represents an impact of approximately $240,000 to
the City's FY2011/2012 operating budget. This estimate was compiled during the
preparation for the collective bargaining negotiations process that began in 2009 for the
Collective Bargaining Agreement that is currently in effect, and although the figure does
not take into consideration current turnover rates, we anticipate the impact to be
minimal. The $240,000 amount was discussed, budgeted and approved by the City
Commission as part of the FY2011/2012 budget process.
The AFSCME Collective Bargaining Agreement that was ratified by the City Commission
in 2010 included three percent (3%) COLAs and the adjustment of the corresponding
AFSCME salary ranges. Ratified labor agreements are legally binding and enforceable.
Disputes involving collective bargaining agreements can be litigated through grievances
and arbitrations, unfair labor practice charges before the Public Employees Relations
Commission (PERC), and lawsuits, all of which involve potential money or other
remedies and defense costs.
CONCLUSION
The Administration recommends amending Ordinance No. 789, the Classified
Employees Salary Ordinance of the City of Miami Beach, Florida by implementing a
three percent (3%) COLA, effective the first full pay period ending April 2012, for all
AFSCME employees, and increasing the minimum and maximum of each AFSCME pay
range correspondingly by three percent (3%).
Based on the foregoing, the Administration recommends that the City Commission
approve the proposed Ordinance on second reading on April 11, 2012.
T:\AGENDA\2012\4-11-12\COLA-AFSCME MEMO CLASSIFIED EMPLOYEES.doc
NE THURSDAY, MARCH 29,2012 1 ISNE
MIAMI BEACH (j
CITY OF MIAMI BEACH �l
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission
of the City of Miami Beach,Florida,in the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive,
Mia Beach,Florida,on WEDNESDAY,APRIL 11111,2012 to consider the following:
11:30 a.m.
AFSCME Local 1554 Cost-Of-Living Adjustment(COLA)
Ordinance Amending Ordinance No.789,The Classified Employees Salary Ordinance Of The City Of Miami Beach,
Florida,As Follows:Providing For The Classifications In Group I,Represented By The American Federation Of State,
County And Municipal Employees(AFSCME)Local.1554,In Accordance With The Negotiated Collective Bargaining
Agreement,Eff ective The First Full Pay Period Ending April 2012,An Across The Board Cost-Of-Living Adjustment(COLA)
Of Three Percent(3%)And A Three Percent(3%)Increase To The Minimum And Maximum Of Each Pay Range.
Inquiries may be directed to the Human Resources Department at(305)673-7520.
11:31 a.m.
FOP William Nichols Lodge No.8 Cost-Of-Living Adjustment(COLA)
Ordinance Amending Ordinance No.789,The Classified Employees Salary Ordinance Of The City Of Miami Beach,
Florida,As Follows:Providing For The Classifications In Group II,Represented By The Fraternal Order Of Police(FOP)
William Nichols Lodge No.8,In Accordance With The Negotiated Collective Bargaining Agreement,Effective The First
Full Pay Period Ending April 2012,An Across The Board Cost-Of-Living Adjustment(COLA)Of Three Percent(3%)And
A Three Percent(3%)Increase To The Minimum And Maximum Of Each FOP Pay Range.
Inquiries maybe directed to the Human Resources Department at(305)673-7520.
11:32 a.m.
IAFF Local 1510 Cost-Of-Living Adjustment(COLA)
Ordinance Amending Ordinance No.789.The Classified Employees Salary Ordinance Of The City Of Miami Beach,
Florida,As,Follows:Providing For The Classifications In Group III,Represented By The International Association Of
Firefighters(IAFF)Local 1510,In Accordance With The Negotiated Collective Bargaining Agreement,Effective The First
Full Pay Period Ending April 2012,An Across The Board Cost-Of-Living Adjustment(COLA)Of Three Percent(30io)And
A Three Percent(3%)Increase.To The Minimum And Maximum Of Each IAFF Pay Range.
Inquiries may be directed to the Human Resources Department at(305)673-7520.
11:33 a.m.
CWA Local 3178 Cost-Of-Living Adjustment(COLA)
Ordinance Amending Ordinance No.789,The Classified Employees Salary Ordinance Of The-City Of Miami Beach,
Florida,As Follows:Providing For The Classifications In Group IV,Represented By The Communications Workers Of
America(CWA)Local 3178,In Accordance With The Negotiated Collective Bargaining Agreement,Effective The First
Full Pay Period Ending April 2012,An Across The Board Cost-Of-Living Adjustment(COLA)Of Three Percent(3%)And
A Three Percent(3%)Increase To The Minimum And Maximum Of Each Pay Range.
Inquiries may be directed to the Human Resources Department at(305)673-7520.
11:34 a.m.
GSAF,OPEIU,Local 100 Cost-Of-Living Adjustment(COLA)
Ordinance Amending Ordinance No.789,The Classified Employees Salary Ordinance Of The City Of Miami Beach,
Florida,As Follows: Providing For The Classifications In Group V, Represented By The Government Supervisors
Association Of Florida(GSAF),OPEIU,Local 100,In Accordance With The Negotiated Collective Bargaining Agreement,
Effective The First Full Pay Period Ending April 2012,An Across The Board Cost-Of-Living Adjustment(COLA)Of Three
Percent(3%)And A Three Percent(3%)Increase To The Minimum And Maximum Of Each Pay Range.
Inquiries may be directed to the Human Resources Department at(305).673-7520.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views in
writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,1st Floor,City Hall,Miami
Beach,Florida 33139.Copies of these ordinances are available for public inspection during normal business hours
in the City Clerk's Office,1700 Convention Center Drive;?st Floor,City Hall,and Miami Beach,Florida 33139.This
meeting may be continued and under such circumstances;additional legal notice would not be provided.
Robert E.Parcher,City Clerk
City of Miami Beach
Pursuant to Section 286.0105,Fla.Stat.,the.City hereby advises the public that:if a person decides to appeal any
decision made by the City Commission with respectto any matter considered at its meeting or its hearing,such person
must 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.This notice does not constitute consent by the City for the introduction or
admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise
allowed by law.
To request this material in accessible format,sign language interpreters,information on access for persons with
disabilities,and/or any accommodation to review any document or participate in any city-sponsored proceeding,
please contact(305)604 72489(voice),(305)673-7218(TTY)five days in advance to initiate your request.TTY users
may also call 711 (Florida Relay Service).
Ad#6966