2012-3761 Ordinance z
ORDINANCE NO. 2012-3761
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 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; 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 (hereinafter referred to as "OTHERS"); and
WHEREAS, the City of Miami Beach has approximately 1,487 Classified
employees of which, approximately 356 of these employees are currently covered by
the FOP (Group II); and
WHEREAS, in 2010 the City and FOP reached agreement to amend the prior
three-year collective bargaining agreement (CBA); and
WHEREAS, the successor three-year CBA between the City and FOP was
ratified by the City Commission on July 14, 2010 and subsequently approved by the
FOP bargaining unit members; 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,
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the FOP CBA contained no cost-of-living adjustments (COLAs) for the first two and
one-half (2 '/2) years of the Agreement; and
WHEREAS, an across the board COLA of three percent (3%) for all
Classified employees represented by FOP 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 FOP is
in compliance with the negotiated CBA; and
WHEREAS, the COLA listed herein for employees represented by FOP is
consistent with the negotiated COLA for the other Classified employees represented
by a bargaining unit ((AFSCME, CWA, GSAF, and IAFF) Groups I, III, IV and V); and
WHEREAS, no Classified employee represented by FOP 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 FOP 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 FOP 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 II
FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8
Salary Ranges and Classification
A. Classification and Salaries
JOB
JOB CLASS
CLASSIFICATION NO. MINIMUM MAXIMUM
BIWEEKLY BIWEEKLY
DETENTION OFFICER 5305 1548.00 1,594.4 1903.92 1,961.04
LIEUTENANT OF 5009 3230.77 3,327.69 3739.62 3,851.81
POLICE
POLICE OFFICER 5011 X933.00 2,042.49 1 2,874.84
POLICE OFFICER 8001 X5.55 1,736.12 1883.85 1,940.37
TRAINEE
SERGEANT OF POLICE 5010 2929.30 3,017.18 3230.7r7r 3,327.69
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 Classified employees represented by FOP 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
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2012- 3710
i
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 Aril 2,012.
Ma ' Herrera Bo r, Mayor
ATTEST: APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION
Robert Parcher, City Clerk 1 J ttorney Date
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* INCORP CRATED`
CH.2�� �
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Classified Employees Salary Ordinance(No.789)as follows: providing for members of the
Miami Beach Fraternal Order of Police(FOP)William Nichols Lodge No.8, 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
FOP pay range; repealing all ordinances in conflict; providing for severabilit , 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 FOP, by amending the Classified Employees Salary
Ordinance to provide an across the board COLA of three percent(3%) to all FOP employees, and a three percent
(3%) increase to the minimum and maximum of each FOP 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 FOP employees effective with the first pay period ending in April 2012; and changing the minimum and
maximum of the FOP pay ranges. The FOP Collective Bargaining Agreement that was ratified by the Commission in
2010 included a three percent(3%) COLA for FOP employees and the adjustment of the FOP pay ranges. The FOP
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 $590,000 Included in various Departmental salary
budgets for FY 2011/2012
OBPI ,�( � Total $590,000 Included in various Departmental salary
r
budgets for FY 2011/2012
Financial Impact Summary: The COLA for the FOP employees represents an impact of approximately$590,000
to the City's FY2011/2012 operating budget. This amount was budgeted and approved by the City Commission as
art 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. Gonzale
GENDA\2012\4-11-12\CO -FOP SUMMARY MEMO.docx
a�EMDd PTEfl r J r 2
0 MIAMBEACH
DATE
MIAMI BEACH
City of Miami Beath, 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 r-SECOND READING PUBLIC HEARING
SUBJECT: Fraternal Order of Police (FOP) William Nichols Lodge No. 8 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 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; 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
FOP 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), OPIU, 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 in the City of Miami Beach to as the "Others."
By way of background, in 2010 the FOP reached an agreement to amend the prior
three-year Collective Bargaining Agreement. The successor three-year Agreement was
ratified by the City Commission on July 14, 2010 and subsequently approved by the
FOP bargaining unit members.
In order to attain the 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 Agreement contained no cost-of-living
adjustments (COLAs) for the first two and one-half(2 '/2) years of the Agreement.
An across the board COLA of three percent (3%) for all FOP 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 FOP Collective Bargaining
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 the City and the
FOP, 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 all FOP employees; increasing the minimum and maximum of each
FOP 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 FOP employee who separated employment from 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.
The COLA for the FOP employees represents an impact of approximately $590,000 to
the City's FY2011/2012 operating budget This estimate was compiled during the
preparation for the collective bargaining negotiation process that began in 2009 for the
Collective Bargaining Agreement that is currently in effect, and although the figures did
not take into consideration current turnover rates, we anticipate the impact of these
current turnover rates to be minimal. This $590,000 was discussed, budgeted and
approved by the City Commission as part of the FY2011/2012 budget process.
City Commission Memorandum
April 11,2012
FOP Classified Salary Ordinance
Page 3 of 3
The FOP Collective Bargaining Agreement that was ratified by the City Commission in
2010 included a three percent (3%) COLA and the adjustment of the corresponding FOP
pay ranges. Ratified collective bargaining 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 FOP
employees, and increasing the minimum and maximum of each FOP 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.
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- : NE THURSDAY, MARCH 29, 2012 ISNE
MIAMI BEACH
CITY OF MIAMI BEACH 11
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,
Miami Beach,Florida,on WEDNESDAY,APRIL 11"',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 1,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.
nquiries 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 may directed to the Human Resources Department at(305)673-7520.
11:32 a.m.
IAFF Local 1510 Cost-Of-Living Adjustment(COLA) s
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 111,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(3%)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 31.78,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 Cast-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 Drivel st 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:4st 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 respect to 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)604-2489(voice),(305)673-7218(TTY)five days in advance to initiate your request.TTY users '
may also call 711 (Florida Relay Service).
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