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2012-3764 Ordinance ORDINANCE NO. 2012-3764 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 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; 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 61 of these employees are currently covered by the GSAF (Group V); and WHEREAS, in 2010 the City and GSAF reached agreement to amend the prior three-year collective bargaining agreement (CBA); and WHEREAS, the successor three-year CBA between the City and GSAF 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 FY 2009/2010 and FY 2010/2011, the GSAF CBA contained the following provisions as cost savings components: no cost-of- living adjustments (COLA) for the first two and one-half (2 Y2) years of the agreement; no merit increases for bargaining unit employees represented by GSAF from October 1, 1 2009 through September 30, 2011; 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 GSAF 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 GSAF is in compliance with the negotiated CBA; and WHEREAS, the COLA listed herein for employees represented by GSAF is consistent with the negotiated COLA for the other Classified employees represented by a bargaining unit ((AFSCME, CWA, FOP and IAFF) Groups I through IV)); and WHEREAS, no Classified employee represented by GSAF 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 GSAF 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 GSAF 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 V GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF) LOCAL 100 Salary Ranges and Classification A. Salary Grades and Ranges GRADE MINIMUM MAXIMUM BIWEEKLY BIWEEKLY 15 66;600 2,489 101;492 4,020 14 57,826 2,291 93,394 3,700 13 53;21`8 2,108 85,950 3,405 12 48;975 1,940 79,098 3,133 11 45,071 1,785 72,793 2,884 10 41,478 1,643 66,990 2,654 9 38,173 1,512 61,654 2,442 8 35,130 1,392 56,739 2,248 7 32;330 1,281 5221`5 2,069 6 29,753 1,179 42,768 1904 B. Grade and Classifications GRADE CLASSIFICATION UNION 15 BEACH PATROL OPERATIONS SUPERVISOR GSA 15 CITY SURVEYOR GSA 14 AIR CONDITIONING SUPERVISOR GSA 14 CRIME SCENE SUPERVISOR GSA 14 ELECTRICIAN SUPERVISOR GSA 14 PLUMBING SUPERVISOR GSA 14 SENIOR BUILDING INSPECTOR GSA 14 SENIOR ENGINEERING INSPECTOR GSA 13 COMMUNICATIONS SUPERVISOR GSA 13 FLEET OPERATIONS SUPERVISOR GSA 13 PROPERTY MGMT OPERATIONS SUPERVISOR GSA 13 PUMPING OPERATIONS SUPERVISOR GSA 13 METERED SERVICES SUPERVISOR GSA 13 SEWER FIELD OPERATIONS SUPERVISOR GSA 13 WATER FIELD OPERATIONS SUPERVISOR GSA 3 12 CENTRAL SERVICES SUPERVISOR GSA 12 ELECTRONICS/INSTRUMENT SUPERVISOR GSA 12 MAINTENANCE SUPERVISOR 12 PARK OPERATIONS SUPERVISOR GSA 12 PARKING OPERATIONS SUPERVISOR GSA 12 SANITATION OPERATIONS SUPERVISOR GSA 12 STREET LIGHTING OPERATIONS SUPERVISOR GSA 12 STREETS OPERATIONS SUPERVISOR GSA 12 WAREHOUSE SUPERVISOR GSA 11 BACKFLOW COORDINATOR GSA 11 LEAD MECHANIC GSA 11 PAINT SUPERVISOR GSA 11 RECREATION SUPERVISOR I GSA 10 911 COMMUNICATIONS RECORDS CUSTODIAN GSA 10 CARPENTER SUPERVISOR GSA 10 PARKING FACILITIES SUPERVISOR GSA 9 SERVICE SUPERVISOR GSA 9 WATER SERVICE REPRESENTATIVE GSA 6 TENNIS CENTER SUPERVISOR GSA Note: There is currently no GSAF classification in Grades 8 or 7. 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 GSAF shall become effective the first full payroll period in April 2012. 4 Lcl �' `�`1(0 �( 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 Al2ri 1 2012. a errera B er, Mayor ATTEST: APPROVED AS TO FORM & LANGUAGE k:e "�- f & FOR EXECUTION Robert Parcher, City Clerk \Q, .... i ey Date TAAGENDA\2012\3-21-12\C0LA-ORDINANCE-G FF 3�1'T2'Flt tlShRc* X9,4'•• .... �;':��'�� 26 5 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the Classified Employees Salary Ordinance(No.789)as follows: providing for members of the Government Supervisors Association of Florida (GSAF), OPEILI, Local 100, 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 GSAF 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 GSAF, by amending the Classified Employees Salary Ordinance to provide an across the board COLA of three percent(3%)to all GSAF employees, and a three percent (3%) increase to the minimum and maximum of each GSAF 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 GSAF employees effective with the first pay period ending in April 2012; and changing the minimum and maximum of the GSAF pay ranges. The GSAF Collective Bargaining Agreement that was ratified by the Commission in 2010 included a three percent (3%) COLA for GSAF employees and the adjustment of the GSAF pay ranges. The GSAF 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 $70,000 Included in various Departmental salary budgets for FY 2011/2012 OBPI Total $70,000 Included in various Departmental salary budgets for FY 2011/2012 Financial Impact Summary:The COLA for the GSAF employees represents an impact of approximately$70,000 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 If Assistant City Manager City Manager Ramiro Inguanzo Hilda Fernandez Jorge M. Gonzalez NA -11-12\COLA-GSAF SUMMARY MEMO.docx AGENDA STEM 1 S F MIAMIBEACH DATE ® 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: Government Supervisors Association of Florida (GSAF), OPEIU, Local 100 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 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; 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 City Commission Memorandum April 11,2012 GSAF Classified Salary Ordinance Page 2 of 3 1510; • 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 of all other classifications in the Classified Service not covered by a bargaining unit. This group is often referred to in the City of Miami Beach as the "Others". By way of background, in 2010 the City and the GSAF reached an agreement to amend the prior three-year Collective Bargaining Agreement. The successor three-year Agreement was approved by the GSAF bargaining unit members and ratified by the City Commission originally in January 13, 2010 and then again on July 14, 2010. In order to attain the Commission's goal of approximately $15 million savings in employee concessions for FY 2009/2010 and FY 2010/2011 for all Classified and Unclassified employees, the GSAF Agreement contained the following provisions as cost savings components: • No cost-of-living adjustments (COLAs) for the first two and one-half (2 '/2) years of the Agreement; and • No merit increases from October 1, 2009 through September 30, 2011 for GSAF bargaining unit employees. When the merits resumed, the maximum is now two percent (2%) instead of the previous maximum of four percent (4%). An across the board COLA of three percent (3%) for all GSAF employees was negotiated, effective with the first full pay period ending in April 2012 (approximately six (6) months into FY 2011/2012). Correspondingly, as stipulated in the Collective Bargaining Agreement, the minimum and maximum of each corresponding GSAF pay range would increase effective the first full pay period ending in April 2012. Based on the provisions of the Collective Bargaining Agreement between the City and the GSAF, 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 FY 2011/2012), for all GSAF employees; increasing the minimum and maximum of each GSAF 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 GSAF employee who separated their employment with the City prior to the date of City Commission Memorandum April 11,2012 GSAF Classified Salary Ordinance Page 3 of 3 implementation of the COLA effective the first full pay period ending in April 2012 will be eligible for this COLA increase. The COLA for the GSAF employees represents an impact of approximately $70,000 to the City's FY 2011/2012 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 figures do not take into consideration current turnover rates, we anticipate the impact to be minimal. The $70,000 was discussed, budgeted and approved by the City Commission as part of the FY 2011/2012 budget process. The GSAF Collective Bargaining Agreement that was ratified by the City Commission in 2010 included three percent (3%) COLAs and the adjustment of the corresponding GSAF 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 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 GSAF employees, and increasing the minimum and maximum of each GSAF 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-GSAF MEMO CLASSIFIED EMPLOYEES.doc NE THURSDAY, MARCH 29, 2012 1 15NE ® MIAMI BEACH CITY OF MIAMI BEACH 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 1111,2012 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 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 U,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 be directed to the Human Resources Department at(305)673-7520. 11:32 a.m. IAFF Local 1510 Cost-Of-Living Adjustment(COLA) r 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:0 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)604-2489(voice),(305)673-721 BITTY)five days in advance to initiate your request.TTY users may also call 711(Florida Relay Service). Ad ff696B