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RESOLUTION 91-20333 RESOLUTION NO. 91-20333 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE AGREEMENT SETTLING ALL ISSUES RELATED TO ALLEGATIONS BY EMPLOYEES OF THE BEACH PATROL RELATED TO DISPARATE TREATMENT. WHEREAS, the City of Miami Beach City Commission became aware of certain allegations concerning disparate treatment of a certain group of employees within the Beach Patrol of the City of Miami Beach; and WHEREAS, the City Commission authorized attorney Kendall B. Coffey to conduct a thorough investigation of said allegations; and WHEREAS, it has been determined that even the appearance of disparate treatment is in contravention of the policies, goals and objectives of the City of Miami Beach; and WHEREAS, without admission of any liability, the City Commission of Miami Beach wishes to resolve the matters and all other matters related to the grievances aired by the Beach Patrol at hearings conducted by Kendall B. Coffey; and WHEREAS, the attached memorandum summarizes the responsibilities and rights of all those to whom the grievances relate and which will be reduced to a formal agreement; and WHEREAS, the City Manager and City Attorney have recommended execution of the final agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 1. The Mayor, City Manager and City Clerk are hereby authorized to execute the final agreement, settling all issues related to allegations by employees of the Beach Patrol related to disparate treatment. 2 . That this authorization is conditioned upon the employees and the Miami Beach Employees Benevolent Association executing the final agreement. PASSED and ADOPTED this _10th day of , o(y 1991. v MOO, ATTEST: LA4,Art FORM APPROVED CITY CLERK yc6a:\beach.res LEGAL DEPT. By Ds - '1 - / CONCEPTIONAL RESOLUTION OF ANY AND ALL CLAIMS OF DISPARATE TREATMENT RAISED BY LIFEGUARDS IN THE BEACH PATROL In a lengthy negotiating meeting held July 8, 1991, with the Beach Patrol Lifeguards, their attorneys, and the president of the Miami Beach Benevolent Association, the following settlement was conceptually agreed upon to settle any and all claims and withdrawal of any and all grievances and to pay damages to the appropriate individuals as outlined below. This settlement and cost impact of the settlement is presented to the Mayor and City Commission with a recommendation for its approval by the City Manager Carla B. Talarico. If approved in concept by the City Commission and subsequently ratified by the Miami Beach Employees Benevolent Association, the agreement would be reduced to a "grievance settlement agreement" and be signed by the Mayor and the effected Lifeguards, their attorneys and the Miami Beach Employees Benevolent Association. I. A series of changes to the operational command of the Beach Patrol : A) The individuals named herein, receiving a promotion, will not have to serve a probationary period due to their long service with the City. B) Personnel records of effected payroll personnel will be purged of negative personnel actions consistent with the public records law. C) Mr. Michael Plotkin will be reassigned to the rescue boat. D) Mr. Rubin Chambers, will be hired as a Lifeguard I to fill an existing budgeted vacancy upon completing the normal physical and paperwork requirements. E) Selection of stand assignments, off-duty work, work schedules, vacation time, and overtime distribution, will be made from a rotating list with departmental seniority to be the criteria. Any lay-offs, rollbacks, or bumping, will be consistent with normal civil service rules and regulations and applicable collective bargaining agreements. While seniority will be a primary criteria, it will not be the sole criteria when the needs of the service require a different assignment than by straight seniority. The management of the Beach Patrol will not be arbitrary in this process. F) Those individuals hereafter applying to be promoted from Lifeguard I to Lifeguard II must have five (5) years time in grade to take an examination for a Lifeguard II position. G) Those individuals holding the position of Lifeguard II must hereafter have two (2) years time in grade to take an examination for the position of Lieutenant. II. In consideration of the lifeguards dropping any and all claims and grievances, the following individuals would receive promotions and lump sum damages for the following: A) Promotional opportunities denied them. B) Disciplinary suspensions imposed upon them. C) Loss of over-time opportunities. * Jessie Alper Two 3 day and one 2 day suspensions 1,418 .00 Promotion to Lieutenant and damages 30, 000.00 Lost overtime and off-duty assignment damages 2,500.00 $33, 918 .00 * Joe Fisher Two 3 day suspensions 1, 039 .00 Promotion to lifeguard II and damages 25, 000 .00 Lost overtime and off-duty assignment damages 2,500 .00 $28,539 .00 * Steve Krowitz Promotion to Lifeguard II and damages $25, 000 .00 Lost overtime and off-duty assignment damages 2,500 . 00 $27,500 .00 * Mike Pearl Promotion to Lifeguard II and damages $25, 000 .00 Lost overtime and off-duty assignment damages 2,500 .00 $27,500 .00 * Seth Rosenthal One 3 day suspension 444 .00 Promotion to Lifeguard II and damages 8,500 .00 Lost overtime and off-duty assignment damages 2,500 .00 $11,444 .00 If approved, all promotions would be effective July 15, 1991, and shall be to the top step of the grade to which the Lifeguard is promoted. * Ellis Rubin Attorney's Fee $12,500 .00 * Joseph H. Kaplan Attorney's Fee $22, 000 .00 Grand Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $163,401.00 ,iag A 41, E 7/10 e Carl.i Bernabel Taljari co, City Manager Date Air 1 -wow 1est.r Oliveira, Union President D to ( /1 1//0/q/ Joseph g. Kaplan Date ORIGINAL RESOLUTION NO. 91-20333 Approving the agreemat settling all issues related to allegations by employees of the Beach Patrol related to disparate treatment.