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2012-3762 Ordinance ORDINANCE NO. 2012-3762 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 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 (3%) AND A THREE PERCENT (3%) INCREASE TO THE MINIMUM AND MAXIMUM OF EACH IAFF 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 188 of these employees are currently covered by the IAFF (Group III); and WHEREAS, in 2010 the City and IAFF reached agreement to amend the prior three-year collective bargaining agreement (CBA); and WHEREAS, the successor three-year CBA between the City and IAFF was approved by the corresponding bargaining unit members and subsequently 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 IAFF CBA contained no cost-of-living adjustments (COLAs) for the first two and one-half (2 Y2) years of the Agreement; and 1 WHEREAS, an across the board COLA of three percent (3%) for all Classified employees represented by IAFF 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 IAFF is in compliance with the negotiated CBA; and WHEREAS, the COLA listed herein for employees represented by IAFF is consistent with the negotiated COLA for the other Classified employees represented by a bargaining unit ((AFSCME, CWA, FOP and GSAF) Groups I, II, IV and V)); and WHEREAS, no Classified employee represented by IAFF 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 IAFF 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 IAFF 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 III INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL 1510 Salary Ranges and Classification A. Classification and Salaries JOB JOB CLASS MINIMUM MAXIMUM CLASSIFICATION NO. BIWEEKLY BIWEEKLY FIREFIGHTER 1 5110 i685. 5 1,736.12 2791.11 2,874.84 FIREFIGHTER II 5109 2929. 3,017.18 3230.77 3,327.69 FIRE LIEUTENANT 5107 3389.96 3,491.66 37,39.62 3,851.81 FIRE CAPTAIN 5105 3926.69 4,044.40 4329.09 4,458.95 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 IAFF 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. 3 20/2-,37� 2 PASSED and ADOPTED this 11th day of Aril , 2012. a i errera Bow , Mayor ATTEST: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Robert Parcher, City Clerk rney Date T:\AGENDALOI2\3-21-12\COLA-ORDINANCE-IAFF F' INCORP ORATED' 4 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the Classified Employees Salary Ordinance(No.789)as follows:providing for members of the Miami Beach International Association of Firefighters(IAFF) Local 1510, 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 IAFF 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 IAFF, by amending the Classified Employees Salary Ordinance to provide an across the board COLA of three percent(3%)to all IAFF employees, and a three percent (3%) increase to the minimum and maximum of each IAFF 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 IAFF employees effective with the first pay period ending in April 2012; and changing the minimum and maximum of the IAFF pay ranges. The IAFF Collective Bargaining Agreement that was ratified by the Commission in 2010 included a three percent(3%) COLA for IAFF employees and the adjustment of the IAFF pay ranges.The IAFF 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 $290,000 Included in various Departmental salary budgets for FY 2011/2012 OBPI Total $290,000 Included in various Departmental salary budgets for FY 2011/2012 Financial Impact Summary:The COLA for the IAFF employees represents an impact of approximately$290,000 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. Gonzalez ENDA\2012\4-11-12\C0LA-1APF SUMMARY MEMO.docx A /� I AM I B EA�H AGEAIDA ITEM R 5 3 ��` DATE ® MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeochfl.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: International Association of Firefighters (IAFF) Local 1510 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 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 (3%) AND A THREE PERCENT (3%) INCREASE TO THE MINIMUM AND MAXIMUM OF EACH IAFF 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 IAFF 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 the IAFF reached an agreement to amend the prior three-year Collective Bargaining Agreement. The successor three-year Agreement was approved by the IAFF 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 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 IAFF 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 IAFF 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 IAFF, 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 IAFF employees; increasing the minimum and maximum of each IAFF 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 IAFF 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. The COLA for the IAFF employees represents an impact of approximately $290,000 to the City's FY2011/2012 operating budget This estimate was compiled during the preparation for the IAFF collective bargaining negotiations 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. The $290,000 was discussed, budgeted and approved by the City Commission as part of the FY2011/2012 budget process. City Commission Memorandum April 11,2012 IAFF Classified Salary Ordinance Page 3 of 3 The IAFF Collective Bargaining Agreement that was ratified by the City Commission in 2010 included a three percent (3%) COLA and the adjustment of the corresponding IAFF 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 IAFF employees, and increasing the minimum and maximum of each 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\2012k1-11-12\COLA- IAFF MEMO CLASSIFIED EMPLOYEES.doc NE THURSDAY, MARCH 29, 2012 1SNE MIAMI BEACH i. CITY OF MIAMI BEACH 6 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 111,2012 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,Effective The First Full Pay Period EndingApril2012,AnAcrossThe 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 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 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(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 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,1 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;1st Floor,City Hall,and Miami Beach,Florida 33139.This meeting may be continued and under such circumstancec.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 theCity 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. 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