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Ordinance 95-2968 ORDINANCE NO. 95-2968 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING ORDINANCE NO. 94-2933, WHICH ESTABLISHED THAT SALARIES FOR ALL EMPLOYEES IN THE OFFICE OF THE CITY ATTORNEY SHALL HAVE RANGES SET BY THE CITY ATTORNEY AND APPROVED BY THE MAYOR AND CITY COMMISSION BY PROVIDING FOR APPROVAL OF ALL SALARY CHANGES BY THE MAYOR AND CITY COMMISSION; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SECTION 1 OF ORDINANCE NO. 1605. That Section 1 of Ordinance No. 1605 of the City of Miami Beach is hereby amended to read as follows: SECTION 1: The following shall constitute the Compensation Plan for the offices and positions in the Unclassified Service which are hereby created or recreated in accordance with the following organization plan, and a schedule of rates of salaries by Ordinance No. 88-2611 effective April 25, 1988 (commencement of nearest pay period to May 1, 1988)for said offices and positions is hereby established. The City Manager is authorized to prescribe a compensation plan for offices and positions in the Unclassified Service; provided that any office or position hereafter created or recreated shall be authorized by an ordinance of the City Commission amending the Unclassified Salary Ordinance, and said ordinance shall not be any budget ordinance of the City; to establish a schedule of salaries thereof that are in accordance with the budget adopted by the City Commission for that fiscal year; to provide for future cost of living increases for these positions in accordance with and at the same time as such negotiated increases are provided to members of the Miami Beach Employees Benevolent Association. Notwithstanding any other provisions of this or any other legislation,commencing with the 1994/1995 1995/1996 fiscal year, + all salary changes for all employees in the Office of the City Attorney shall be set recommended by the City Attorney and The City Attorney's salary shall be approved annually referred to the Commission Oversight Committee on the Office of the City Attorney before final budget approval by the City Commission. Employees of the City Attorney's Office shall continue to be Members of the Retirement System for Unclassified Employees and Elected Officials,that nothing herein amends those provisions,and that they shall retain all rights and benefits thereunder. All benefits, in addition to salary, shall be in accord with those for the unclassified executives in the City Manager's Office. SECTION 2. REPEALER. 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. 2 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect on the 14th day of January 1995, PASSED and ADOPTED this 4th day of naury 1995. I � I ATTEST: q y� r MAYOR CITY CLERK 1st reading 12/21/94 2nd reading 1/4/95 jm\a;jdamduncl2.ord FORM • % 'RO :op B �5 By ' •..� Date 3 OFFICE OF THE CITY ATTORNEY 6:24 ely ess-LoArmi ziazd F L O R I D A QPM( eE4 94-1 LAURENCE FEINGOLD � /ID `, P O BOX O CITY ATTORNEY �H 26" MIAMI BEACH, FLORIDA 331'9-2032 TELEPHONE (305)673-7470 COMMISSION MEMORANDUM 96,D _9(/ TELECOPY (305)673-7002 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION ROGER CARLTON CITY MANAGER FROM: LAURENCE FEINGOLD CITY ATTORNEY RE: SALARY ORDINANCE On July 28, 1994,the Mayor and City Commission passed Ordinance No. 94-2933,which made minor changes in the City's then-existing Ordinance regarding unclassified positions in the City. Specifically, Ordinance 94-2933 memorialized that the City Attorney set salaries in the Office of the City Attorney, established that non-salary benefits be in accord with those of the City Manager's Office,and amended the job classifications and pay ranges of the employees of the Office. Both the prior salary Ordinance and Ordinance 94-2933 have ranges and caps on salaries. Ordinance No. 94-2933 and the City Attorney's Commission memo proposing Ordinance No. 94-2933 are attached. In practice,the salaries of employees of the office have always been set by the City Attorney, and the exact salaries and overall budget of the Office have always been provided to the City Commission and City Administration prior to adoption as part of the overall City budget in September of each year. In order to put this actual practice into law,the City Attorney,at the request of the Mayor and Commission, is proposing an amendment that commencing with the next budget to be adopted by the City,all salary changes in the Office be referred to the Commission Oversight Committee on the Office of the City Attorney prior to the budget adoption by the City Commission. AGENDA LF:jm I TEM - - C-- Attachment DATE I - _ � 1700 CONVENTION CENTER DRIVE- FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139 11 • 3 • CO : rn N c'7 1 M ul Q C 1 o rn :4 44 0 1--I C7 x Z U o1-I p cd x � o •-i 0 on - a,