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2016-4036 Ordinance ORDINANCE NO. 2016-4036 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, IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT, PROVIDING FOR QUALIFYING INCUMBENTS IN THE CLASSIFICATIONS IN GROUP II, REPRESENTED BY THE FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8., AS FOLLOWS: EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF- LIVING ADJUSTMENT (COLA) OF ONE PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH BI-WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH BI-WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH BI-WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE OCTOBER 1, 2015, ADDING ONE ADDITIONAL STEP, STEP (I), TO THE PAY RANGE FOR THE CLASSIFICATION OF DETENTION OFFICER; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, classified employees are categorized into six (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 1,634 classified employees; and WHEREAS, the FOP bargaining unit employees held a ratification vote from July 15, 2016 through July 18, 2016, whereby the proposed 2015-2018 collective bargaining agreement was approved by 235 of the 285 bargaining unit members who voted; and WHEREAS, on July 20, 2016, the City Commission ratified a three-year labor agreement with the FOP, effective October 1, 2015 through September 30, 2018; and WHEREAS, included in the ratified agreement between the City and the FOP is effective October 1, 2015, the implementation of an additional pay step (Step I) added to the maximum of the pay range for the classification of Detention Officer; and WHEREAS, the newly created pay step (Step I), effective October 1, 2015, will increase the maximum of the Detention Officer classification by five percent (5%); and WHEREAS, employees under the Detention Officer classification who are covered by the FOP whose salary is at the maximum of the pay range (Step H) as of October 1, 2015, will move into the new step (Step I) on October 1, 2015, with their anniversary date remaining unchanged. Thereafter, any employee in the aforementioned classification covered by the FOP whose salary is at the maximum step of the range, (Step H), shall be eligible to proceed to Step I upon reaching his or her next anniversary date; and WHEREAS, also included in the ratified agreement between the City and the FOP are provisions for the implementation of a one percent (1%) across-the-board cost- of-living adjustment (COLA), effective the first pay period ending in April of 2016, for all classified employees represented by the FOP, with a corresponding one percent (1%) increase to the minimum and maximum of each classification's bi-weekly salary range; a three percent (3%) across-the-board COLA, effective the first pay period ending in July of 2017, for all classified employees represented by the FOP, with a corresponding three percent (3%) increase to the minimum and maximum of each classification's bi- weekly salary range; a three percent (3%) across-the-board COLA, effective the first pay period ending in July of 2018, for all classified employees represented by the FOP, with a corresponding three percent (3%) increase to the minimum and maximum of each classification's bi-weekly salary range; and WHEREAS, classified employees represented by the FOP collective bargaining unit who separated from employment with the City prior to the date of implementation of the COLA (effective the first pay period ending in April of 2016; effective the first pay period ending in July of 2017; and effective the first pay period ending in July of 2018) will not be qualifying incumbents and will not be eligible for the COLA increases post separation; and WHEREAS, the estimated impact for employees covered by the FOP bargaining unit in the FY 2015/16 operating budget is $157,070; FY 2016/17 operating budget is $538,604; and FY 2017/18 operating budget is $1,470,075; and WHEREAS, there is a need to amend the salary ranges of classified employees represented by FOP collective bargaining unit in order to ensure that the City has an employee classification and compensation system that is fair and internally and externally competitive; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: Effective October 1, 2015, the following lines of Section X of the Classified Salary Ordinance No. 789 shall be amended to add an additional Step (Step I) to the maximum of the pay range for the Detention Officer classification as follows: A. Classification and Salaries JOB CLASSIFICATION JOB MINIMUM MAXIMUM NUMBER BIWEEKLY BIWEEKLY DETENTION OFFICER 5305 1,642.27 2,019.87 2,120.86 POLICE OFFICER TRAINEE 8001 1,788.20 1,998.58 POLICE OFFICER 5011 2,103.76 3,109.14 SERGEANT OF POLICE 5010 3,107.70 3,598.90 LIEUTENANT OF POLICE 5009 3,427.52 4,165.73 SECTION 2: The following one percent (1%) increase to the minimum and the maximum of the bi-weekly salary ranges and a one percent (1%) COLA for qualifying incumbents shall be effective the first pay period ending in April of 2016. Qualifying incumbents covered by the FOP bargaining unit shall receive a one percent (1%) COLA provided that the employee's base salary does not exceed the maximum of his or her bi-weekly salary range for the classifications established in the section below. GROUP II FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8. Salary Ranges and Classification B. Classification and Salaries JOB CLASSIFICATION JOB MINIMUM MAXIMUM NUMBER BIWEEKLY BIWEEKLY DETENTION OFFICER 5305 1,612.27 1,658.70 27440,66 2,142.07 POLICE OFFICER TRAINEE 8001 17748.20 1.806.09 1,996-58 2,018.57 POLICE OFFICER 5011 2,103.76 2.124.80 3,109.14 3,140.23 SERGEANT OF POLICE 5010 3,107.70 3.138.77 37596,90 3,634.89 LIEUTENANT OF POLICE 5009 3,127.52 3,461.80 '1,165.73 4,207.39 SECTION 3: The following three percent (3%) increase to the minimum and the maximum of the bi-weekly salary ranges and a three percent (3%) COLA for qualifying incumbents shall be effective the first pay period ending in July of 2017. Qualifying incumbents covered by the FOP bargaining unit shall receive a three percent (3%) COLA provided that the employee's base salary does not exceed the maximum of his or her bi-weekly salary range for the classifications established in the section below. GROUP II FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8. Salary Ranges and Classification C. Classification and Salaries JOB CLASSIFICATION JOB MINIMUM MAXIMUM NUMBER . BIWEEKLY BIWEEKLY DETENTION OFFICER 5305 1,658.70 1,708.46 2,142.07 2,206.34 POLICE OFFICER TRAINEE 8001 4496.09 1,860.27 2,018.57 2,079.12 POLICE OFFICER 5011 2,121.80 2,188.55 3,140.23 3,234.44 SERGEANT OF POLICE 5010 3,138.77 3,232.94 37634-59 3,743.93 LIEUTENANT OF POLICE 5009 3,461.80 3,565.65 4,207.39 4,333.61 SECTION 4: The following three percent (3%) increase to the minimum and the maximum of the bi-weekly salary ranges and a three percent (3%) COLA for qualifying incumbents shall be effective the first pay period ending in July of 2018. Qualifying incumbents covered by the FOP bargaining unit shall receive a three percent (3%) COLA provided that the employee's base salary does not exceed the maximum of his or her bi-weekly salary range for the classifications established in this section below. GROUP II FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8. Salary Ranges and Classification D. Classification and Salaries JOB CLASSIFICATION JOB MINIMUM MAXIMUM NUMBER BIWEEKLY BIWEEKLY DETENTION OFFICER 5305 1,798.46 1,759.71 2,206.31 2,272.53 POLICE OFFICER TRAINEE 8001 1,860.27 1,916.08 2,079.12 2,141.50 POLICE OFFICER 5011 2,188.55 2,254.20 3,231.14 3,331.47 SERGEANT OF POLICE 5010 3,232.91 3,329.92 3,743.93 3,856.25 LIEUTENANT OF POLICE 5009 3 .-65 3,672.62 1,333.61 4,463.62 SECTION 5: REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 6: SEVERABILITY. If any section, subsection, clause, or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7: EFFECTIVE DATE This Ordinance shall take effect on the 7 day of Odo 6e r , 2016. PASSED AND ADOPTED this 27 day of SePtemthe r, 2016. ATTEST: //77- Philip Levine, •Y / ''y4i ...„ ,,, N::...........,. R:fae" Granado, ( ity:= •:^ '\f :.CyO• i •✓'rte , *`:INCORP ORATW r $ ? //� :'��� FORM & LANGUAGE i4"9 ••*; \°)." & FO EXECUTION 26 .V........,4 ., . 1L City Atterf' ' Date Ordinances -R5 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 27, 2016 5:05 p.m. Second Reading Public Hearing SUBJECT: 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, IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT, PROVIDING FOR QUALIFYING INCUMBENTS IN THE CLASSIFICATIONS IN GROUP II, REPRESENTED BY THE FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8., AS FOLLOWS: EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF ONE PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH BI- WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH BI- WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH BI- WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE OCTOBER 1, 2015, ADDING ONE ADDITIONAL STEP, STEP (I), TO THE PAY RANGE FOR THE CLASSIFICATION OF DETENTION OFFICER; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY,AND AN EFFECTIVE DATE. RECOMMENDATION Adopt the ordinance. 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; Page 127 of 692 • Group I I - 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; and • Group V - Represented by the Government Supervisors Association of Florida (GSAF), OPEI U, Local 100. In addition, the City has one 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 "Others". There is a seventh salary group comprised of at-will employees commonly referred to as Unclassified. On July 20, 2016, the City Commission ratified a three-year labor agreement between the City and the FOP, covering the period of October 1, 2015 through September 30, 2018. Included in the FOP collective bargaining agreement is a provision that requires amendments to the Classified Salary Ordinance (Ordinance No. 789). The first amendment calls for the implementation of a one percent (1%) across the board cost of living adjustment (COLA), effective the first full pay period ending April of 2016, for all bargaining unit employees covered by the FOP, and providing for an increase to the minimum and maximum of each pay range correspondingly by one percent (1%). The one percent (1%) COLA, effective with the first full pay period in April of 2016, represents an impact of approximately$150,000 for members covered by the FOP. The second amendment calls for the implementation of a three percent (3%) across the board COLA, effective the first full pay period ending July of 2017, for all bargaining unit employees covered by the FOP, and providing for an increase to the minimum and maximum of each pay range correspondingly by three percent (3%). The three percent (3%) COLA, effective with the first full pay period in July of 2017, represents an impact of approximately $531,250 for members covered by the FOP. The third amendment calls for the implementation of a three percent (3%) across the board COLA, effective the first full pay period ending July of 2018, for all bargaining unit employees covered by the FOP, and providing for an increase to the minimum and maximum of each pay range correspondingly by three percent (3%). The three percent (3%) COLA, effective with the first full pay period in July of 2018, represents an impact of approximately $1,462,500 for members covered by the FOP. The estimated figures do not take into consideration current turnover rates or vacant positions; however, the Administration anticipates the impact of such to be minimal. Any of the aforementioned classified employees who separate from employment with the City prior to the date of implementation of the COLA's, will not be eligible to receive the COLA increases. Pursuant to the terms of the collective bargaining agreement with the FOP, the City has also agreed, effective October 1, 2015, there shall be one additional pay step (Step I), added to the classification of Detention Officer. The newly created pay step (Step l), effective October 1, 2015, will increase the maximum of the aforementioned classifications by five percent (5%). The minimum pay range shall remain as is and there shall be no immediate pay increase for any employees. Page 128 of 692 For employees under the Detention Officer classification who are covered by the FOP, whose salary is at the maximum of the pay range (Step H) as of October 1, 2015, will move into the new step (Step I) on October 1, 2015, with their anniversary date remaining unchanged. Thereafter, any employee in the aforementioned classifications covered by the FOP whose salary is at the maximum step of the range, (Step H), shall be eligible to proceed to Step I upon reaching his or her next anniversary date. The estimated impact for impacted employees covered by the FOP in FY 2015/16 is $7,070; FY 2016/17 is $7,354; FY 2017/18 is $7,575. CONCLUSION Based upon the agreed upon terms between the City and the FOP, and the City Commission's ratification of said agreement, the Administration recommends amending Ordinance No. 789, as set forth above and in the applicable collective bargaining agreement between the parties. In addition, the Administration recommends, effective October 1, 2015, adding an additional pay step (Step I), to the classification of Detention Officer. The Administration recommends adopting the ordinance. KEY INTENDED OUTCOMES SUPPORTED Ensure Expenditure Trends Are Sustainable Over The Long Term Legislative Tracking Human Resources Sponsor Commissioner Joy Malakoff ATTACHMENTS: Description o FOP Salary Ordinance Page 129 of 692