Resolution 2022-32311 RESOLUTION NO. 2022-32311
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED
PUBLIC HEARING PURSUANT TO SECTION 5.04 OF THE CITY CHARTER
AND PRESENTATION OF A PRE-COLLECTIVE BARGAINING ANALYSIS
OF FRINGE BENEFITS, RATIFYING A THREE (3) YEAR LABOR
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
AMERICAN FEDERATION OF STATE, COUNTY AND. MUNICIPAL
EMPLOYEES ("AFSCME"), LOCAL NO. 1554, FOR THE PERIOD FROM
MAY 1, 2022 THROUGH APRIL 30,2025; AND AUTHORIZING THE MAYOR
AND CITY MANAGER TO EXECUTE THE AGREEMENT , SUBJECT TO THE
CITY COMMISSION'S APPROVAL OF THE CORRESPONDING CLASSIFIED
SALARY ORDINANCE, WITH SECOND READING SCHEDULED FOR
SEPTEMBER 28,2022.
WHEREAS, the City Manager has submitted to the Mayor and City Commission the
attached Labor Agreement ("Agreement"), recently negotiated between the City of Miami Beach
("City") and the American Federation of State, County And Municipal Employees
("AFSCME"), Local No. 1554, for the employees covered by said Agreement for the period
covering May 1, 2022 through April 30, 2025; and
WHEREAS, the previous Agreement was for a three-year period from May 1, 2019
through April 30, 2022; and
WHEREAS, Exhibit A to this resolution is a copy of the contract language changes in
substantial form that reflects the pension and economic issues, and the non-economic issues
tentatively agreed to between the City and the AFSCME; and
WHEREAS, Exhibit B to this resolution is a written report presented by the City Manager
or her designee as required by Section 5.04 of the City Charter, detailing the current status and
related fiscal impacts of fringe benefits, including pension and health insurance plans; and
WHEREAS, any changes to the substantial form would be non-material in nature as
determined by the City Attorney and the AFSCME, or else would require re-ratification by the City
Commission and AFSCME; and
WHEREAS,the AFSCME bargaining unit employees held a ratification vote on September
8, 2022, whereby the proposed 2022-2025 Agreement was approved by the majority of the
bargaining unit members who voted; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached.three (3) year
Agreement with the AFSCME, Local No. 1554 bargaining unit for the time period covering May 1,
2022 through April 30, 2025 is authorized and approved; and the Mayor and City Manager are
authorized to execute the Agreement on behalf of the City of Miami Beach.
PASSED AND ADOPTED this 4 day of September 2022.
ATTEST:
ATTEST:
Dan Gelber, Mayor
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SEP 2 1 2022
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APPROVED AS TO
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&FOR EXECUTION
INCORPORATED
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. , City Attorney Date
Agenda Item R7 A
Date 9-/1-22
MIAMI B E
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Alina T. Hudak, City Manag
DATE: September 14, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC
HEARING PURSUANT TO SECTION 5.04 OF THE CITY CHARTER AND
PRESENTATION OF A PRE-COLLECTIVE BARGAINING ANALYSIS OF FRINGE
BENEFITS, RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES ("AFSCME"), LOCAL NO. 1554, FOR THE PERIOD
FROM MAY 1, 2022 THROUGH APRIL 30, 2025; AND AUTHORIZING THE MAYOR
AND CITY MANAGER TO EXECUTE THE AGREEMENT, SUBJECT TO THE CITY
COMMISSION'S APPROVAL OF THE CORRESPONDING CLASSIFIED SALARY
ORDINANCE,WITH SECOND READING SCHEDULED FOR SEPTEMBER 28,2022.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City's workforce has classified employees 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").
ANALYSIS
On May 1, 2022,the three-year collective bargaining agreement between the City of Miami Beach
and the AFSCME covering the period of May 1, 2019 through April 30, 2022 expired. The City
and AFSCME began meeting in February 24, 2022 to negotiate a successor agreement.After six
formal negotiation sessions, on July 12, 2022, the City and AFSCME reached a tentative three-
year agreement covering the period of May 1, 2022 through April 30, 2025.
The AFSCME leadership will hold a ratification vote on September 8, 2022, for the proposed
agreement, attached as Exhibit A, with the results of the vote to be delivered to the City
Commission before or on the Commission meeting of September 14, 2022.
The following is a summary of the newly negotiated terms between the parties:
General Provisions
4.11 Union Time Bank—Union time bank hours will increase from 1,040 to 1,250.
8.7 Safety Shoes- Recreation Leader I, II and Recreation Program Supervisor shall receive the
safety shoe allocation once per contract period rather than every October.
8.23 Landfall Team - Designated Landfall Team Members shall be allowed up to eight(8) hours
to secure personal property prior to a weather-related emergency event.
8.24 Leave Sell Back Program -The parties shall meet within one year of ratification to discuss
some form of leave sell back.
10.18 Educational Leave, and Tuition Refund—Language clarification and increase to reflect City
Resolution No. 2017-29714.
Cost-Of-Living Adjustments(COLA)
8.1 Wage Increases:
• 2% retroactively effective with the first full pay period ending in May 2022
• 3% effective with the first full pay period ending in May 2023
• 3% effective with the first full pay period ending in May 2024
Other Economic Items
7.4 Weekly Overtime —Jury duty will be included as time worked for purposes of computing
overtime.
8.1 Wages—Merit guidelines will change to allow bargaining unit members to now receive up to
3% as follows: an employee who receives a score between 3.00 and 3.49 shall be eligible for a
one percent(1%) merit increase, an employee who receives a score between 3.5 and 3.99 shall
be eligible for a two percent(2%)merit increase, and an employee who receives a score between
4 and 5 shall be eligible for a three percent(3%)merit increase.
Any employee whose salary exceeds the maximum of the salary range for his/her position shall
be eligible to receive a one-time, non-pensionable payment, up to 3%.
8.1 Wages — Performance Improvement plans will be implemented after a midterm or final
evaluation that does not meet expectations or as soon as possible after poor performance is
noted.
8.1 Wages—The salary grade for Water Supervisor will increase from Al 5 to Al 6 with a one-time
five percent salary increase to the base pay.
8.2 Shift Differential—There is an increase from .45 cents to.75 cents for regular shifts beginning
after 2:30PM and an increase from .55 cents to $1.00 for regular shifts beginning after 11PM.
8.3 Holidays —There is an addition of the Juneteenth holiday and a conversion of the birthday
holiday to an additional floater.
8.4 Holiday Pay—Employees will be paid straight time for a holiday when the holiday occurs on
the employee's day off, in addition to paying for time worked.
8.12 Bereavement- In case of death in the immediate family of an employee, three(3)scheduled
workdays off per death and two (2) additional sick days, if needed, shall be granted to the
employee at straight time. Any additional time needed after five (5) days will be vacation with
approval.
8.15 Certificates — There is, for the Waste Water Collection, section ONLY, a one-time, non-
pensionable payment shall be made to employees who earn their A, B, or C Certification as
follows:
C Certification$300
B Certification$600
A Certification:$900
8.16 Pay for Hazard Duty—There is an increase from $5 to $7 with an addition of$7 per dead
animal an employee must remove.
8.16 Furlough/COVID Relief - In consideration that this bargaining group gave furlough days,
employees will receive a one-time, non-pensionable, bonus as follows:
$2,000 for full time employees who made more than$50,000 on Sept 30, 2021
$1,500 for full time employees who made less than $50,000 on Sept 30, 2021
$1,000 for part time employees who took furloughs(or were"laid off')
8.20 Skill Pay Supplement—There is an increase of skill pay supplement for Mechanics and Fleet
Service Representatives/Parts Specialists as follows:
Mechanics
ASE Certification Al Engine Repair $86.48/month
ASE Certification A2 Automatic Transmission/Transaxle $86.48/month
ASE Certification A3 Manual Drive Train &Axles $86.48/month
ASE Certification A4 Suspension &Steering $86.48/month
ASE Certification A5 Brakes $86.48/month
ASE Certification A6 Electrical/Electronic Systems $86.48/month
ASE Certification A7 Heating &Air Conditioning $86.48/month
ASE Certification A8 Engine Performance $129.72/month
Fleet Service.Representatives/Parts Specialist
Parts Specialists P1 Med/Heavy Duty trucks $86.48/month
Parts Specialists P2 Automotive $86.48/month
Parts Specialists P3 3rd Certification-as determined by ASE $86.48/month
8.22 Emergency Pay—Employees who are ordered to work,while other are sent home in a non-
work status with pay, shall be paid at double their straight hourly wages for all hours worked until
the state of emergency has been lifted by the City, for up to five(5)days.
10.14 Perfect Attendance Bonus — There is an increase from $400 to $600. Two instances of
bereavement shall not be counted against employees for purposes of the attendance bonus.
Miscellaneous Items
1.5 Information to be Provided to Union by City—Additional information including employee ID,
cell phone number, email,and union fees to be included in a report to be provided up to four times
a year.
Article 6 Management Rights — Strike through of the word "civil" in order to clarify that all
emergency conditions apply not just civil emergencies.
8.14 Injury Service Connected—Strike through"with the approval of the City Commission."
10.19 Meetings Leave-The Union shall have the right to designate up to two(2)representatives,
authorized with pay for time he/she would have otherwise been working, to attend any formal
meetings.
Article 12 Conduct and Performance Expectations—Strike through entire section as obsolete.
ESTIMATED FISCAL IMPACT
The terms and conditions of the proposed three-year labor agreement between the City and
AFSCME assumes an estimated impact of$865,083 for FY 2021/22; $733,606 for FY 2022/23;
$1,348,472 for FY 2023/24. The total estimated three-year impact is $2,947,161.
Attached as Exhibit B is a written report presented by the City Manager or her designee as- -
required by Section 5.04 of the City Charter, detailing the current status and related fiscal impacts
of fringe benefits, including pension and health insurance plans. The fringe benefits including
pensions and insurance plans provided by or funded by the City to its officers and employees
have been considered and incorporated into the City budget inclusive in each Department's line
items.
CONCLUSION
The Administration finds the provisions of this contract fair to the employees and fiscally
responsible for the City. Therefore, adoption of this resolution is recommended. Exhibit A to the
resolution is a copy of the proposed labor agreement.
The City Attorney's Office has reviewed and approved the contract language as to form and legal
sufficiency.
CONTRACT
Between
CITY OF MIAMI BEACH, FLORIDA
and the
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFSCME LOCAL NO. 1554
May 1,2019 2022—April 30,20222025
AFSCME i
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TABLE OF CONTENT
CONTRACT PAGE
WITNESSETH 5
ARTICLE I RECOGNITION
Section 1.1 Representation 6
Section 1.2 Bargaining Unit 6
Section 1.3 Communications 6
Section 1.4 Rights of Individuals 7
Section 1.5 Information to be Provided to Union by City 8
ARTICLE 2 DEDUCTION OF UNION DUES
Section 2.1 Check off 9
Section 2.2 Indemnification 9
ARTICLE 3 EQUAL EMPLOYMENT OPPORTUNITY
Section 3.1 No Discrimination 10
Section 3.2 Affirmative Action 10
Section 3.3 Examinations 10
ARTICLE 4 GRIEVANCE PROCEDURE
Section 4.1 Definition of Grievance&Time Limit for Filing 11
Section 4.2 Grievance Procedure 11
Section 4.3 Binding Arbitration 12
Section 4.4 Authority of Arbitrator 13
Section 4.5 Expenses of Arbitration 13
Section 4.6 Election of Remedies 13
Section 4.7 Grievances Involving Discipline 13
Section 4.8 Union Stewards 14
Section 4.9 Grievance Meetings 14
Section 4.10 Union Representation 14
Section 4.11 Union Time Bank 15
Section 4.12 Employee Rights During Meetings or Interviews 15
ARTICLE 5 NO STRIKE OR LOCKOUT
Section 5.1 No Strike 16
Section 5.2 No Lockout 16
ARTICLE 6 MANAGEMENT RIGHTS 17
ARTICLE 7 HOURS OF WORK AND OVERTIME
Section 7.1 Purpose 18
Section 7.2 Normal Workday 18
Section 7.3 Normal Workweek 18
Section 7.4 Weekly Overtime 18
Section 7.5 Distribution of Overtime Opportunity 18
Section 7.6 No Pyramiding 19
Section 7.7 Paid Leave as Time Worked for the Purpose of Computing Overtime 19
Section 7.8 Rest Periods 19
Section 7.9 Seventh Consecutive Day of Work 19
Section 7.10 Shift Starting Time 19
Section 7.11 Reporting Pay 19
Section 7.12 Call-In and Call-Back Pay 19
Section 7.13 Work Schedule 20
Section 7.14 Standby 20
AFSCME ii
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TABLE OF CONTENT(Continued) PAGE
ARTICLE 8 WAGES AND FRINGE BENEFITS
Section 8.1 Wages 21
Section 8.2 Shift Differential 23
Section 8.3 Holidays 23
Section 8.4 Holiday Pay 23
Section 8.5 Rate of Pay When Working Out of Classification 24
Section 8.6 Uniforms 24
Section 8.6(b) Cleaning Allowance 25
Section 8.7 Safety Shoes 25
Section 8.8 Vacation Benefits 26
Section 8.9 Meal Allowance 26
Section 8.10 Jury and Witness Duty 26
Section 8.11 Tool Allowance 27
Section 8.12 Bereavement 28
Section 8.13 Pay Periods 28
Section 8.14 Injury.Service Connected 28
Section 8.15 Certificates 28
Section 8.16 Pay for Hazard Duty 29
Section 8.17 Changes in Benefits 29
Section 8.18 Pension, DROP, Retiree Health 29
Section 8.19 Training and Training Programs 31
Section 8.20 Skill Pay Supplement 31
Section 8.21 Health Insurance 31
Section 8.22 Essential Personnel (Hurricane Pay) 32
Section 8.23 Landfall Team 32
Section 8.24 Vacation-Leave Sell Back Program 33
Section 8.25 One-Time Early Retirement 33
ARTICLE 9 SENIORITY
Section 9.1 Definition 35
Section 9.2 Layoffs 35
Section 9.3 Recalls 35
Section 9.4 Break in Seniority 36
Section 9.5 Seniority Lists 36
Section 9.6 Union Officer Continuation of Duties 36
Section 9.7 Promotions 36
Section 9.8 Demotions 37
Section 9.9 Preference for Out of Class Assignments 37
Section 9.10 Shift Preference 37
Section 9.11 Temporary Employees 38
Section 9.12 Vacations and Emergencies 38
• ARTICLE 10 GENERAL PROVISIONS
Section 10.1 Work Rules and Incorporation of Personnel Rules 39
Section 10.2 Clean-up Time 39
Section 10.3 Safety 39
Section 10.4 Safety Glasses 40
Section 10.5 Safety Equipment 40
Section 10.6 Emergency Medical Attention 40
Section 10.7 Transportation of Employees 40
Section 10.8 Transfer 40
Section 10.9 Civic Duty 41
Section 10.10 Unpaid Leaves 41
Section 10.11 Negotiation Pay 41
AFSCME iii
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Section 10.12 Contracting &Subcontracting 41
Section 10.13 Sick&Vacation Leave Accrual&Maximum Payment on Termination 42
Section 10.14 Perfect Attendance Bonus 43
Section 10.15 Changes in Job Specifications&New Classifications 43
Section 10.16 Opportunity for Advancement 43
Section 10.17 Union Conventions 43
Section 10.18 Educational Leave 44
Section 10.19 Meetings Leave 45
Section 10.20 Union Bulletin Boards 45
Section 10.21 Labor Management Committee 45
Section 10.22 Me Too and Re-openers 45
ARTICLE 11 DRUG AND ALCOHOL TESTING
Section 11.1 46
Last Chance Agreement. 48
ARTICLE 12 CONDUCT AND PERFORMANCE EXPECTATIONS 49
ARTICLE 13 TEMPORARY VEHICLE ASSIGNMENT 50
ARTICLE 14 SAVINGS 51
ARTICLE 15 ENTIRE CONTRACT 52
ARTICLE 16 TERM OF CONTRACT 53
EXECUTION 54
ELECTION OF REMEDY FORM 55
APPENDIX: HEARING EXAMINER RULES 56
EXHIBIT 1A: 58
EXHIBIT 1B: 59
EXHIBIT 1C: 60
AFSCME iv
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CONTRACT
THIS CONTRACT, made and entered into this day of , 2-01-92022, by and
between the CITY OF MIAMI BEACH, FLORIDA, (herein called the "City"), and the AMERICAN
FEDERATION OF STATE,COUNTY AND MUNICIPAL EMPLOYEES UNION,LOCAL 1554, (herein called
the"Union").
WITNESSETH:
WHEREAS,this Contract has as its purpose the promotion of harmonious relations between the City
and the Union and the negotiation of wages,hours,and working conditions to be in effect during the term(s)
of this Contract; and
WHEREAS,the rights,obligations,and authority of the parties to this Contract are governed by and
subject to the laws of the State of Florida;
NOW,THEREFORE,the parties agree with each other as follows:
AFSCME 1
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ARTICLE I
RECOGNITION
Section 1.1 Representation. Pursuant to and in accordance with all applicable provisions of Chapter
447, Part II of the Florida Statutes, the City recognizes the Union as the exclusive bargaining
representative for all employees included in the bargaining unit of Local 1554, for the purpose of
collective bargaining concerning wages,hours of work and other terms and conditions of employment.
Section 1.2 Baraaininq Unit. The bargaining unit of this local union has been determined by the
Public Employees Relations Commission to be appropriate for the purposes of collective bargaining.
Certificate No. 379 was issued to Local 1554 on January 9, 1978. The bargaining unit of this local
union includes all classifications listed below:
Assistant Pumping Mechanic Pumping Mechanic
Building Supervisor Recreation Attendant
Building Services Technician Recreation Leader I
Central Services Technician Recreation Leader II
Control Room Operator Recreation Program Supervisor
Concession Attendant School Guard
Customer Service Representative Sewer Pipefitter
Diesel Generator Mechanic Sewer Supervisor
Fire Equipment Mechanic Sign Maker
Fleet Service Writer Storekeeper I, II, and III
Fleet Service Representative Storekeeper/Mechanic
Heavy Equipment Operator I and II Street Lighting Technician I and II
Ice Rink Technician Street Supervisor
Irrigation System Supervisor Tree Maintenance Supervisor
Mechanic I, II, and,lll Tree Trimmer
Municipal Service Worker I, II,and III Waste Collector
Municipal Service Worker Trainee Waste Driver Supervisor
Museum Guard Water Meter Technician I and II
Park Supervisor Water Pipefitter
Pest Control Supervisor Water Supervisor
The parties agree that they will periodically review the job classifications and,if appropriate,file a joint
petition to Public Employees Relation Commission(PERC)to determine which positions should be in
or out of the bargaining unit.
Section 1.3 Communications.
a) All official union communications from the City shall be sent to the Union's designated address,
telephone or email. An official AFSCME letter will be provided by AFSCME to notify the City of
these designations.
b) All official City communications from the Union shall be sent to the City Manager's designee for
Labor Relations.
AFSCME 2
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Section 1.4 Rights of Individuals.
a) A union member shall be entitled to Union representation in accordance with the provisions of this
Contract at each and every step of the grievance procedure set forth in this Contract.
b) All references to"employees"in this Contract shall mean both sexes, and where the male gender
is used, it shall be construed to include male and female employees. The City agrees not to
interfere with the rights of employees to become members of the Union and the Union agrees not
to interfere with the rights of employees to refrain from becoming Union members. There shall be
no discrimination,interference,restraint,or coercion by the City against any employee because of
Union membership or Union activity. There shall be no discrimination, interference, restraint,
coercion by the Union against any employee because of non-union membership.
c) No mechanical recording devices of any kind shall be used in discussions between department
heads,division heads,or supervisors and employees unless the parties mutually agree otherwise.
It is specifically understood that this subsection shall not in any way apply to any City board.
d) During an entrance interview, no prospective new employee who would be covered by this
Agreement shall be questioned concerning his/her feelings, pro or con,toward the Union.
e) Upon reasonable request,an employee or his/her Union representative designated in writing shall
have the right to review his/her personnel file maintained by the Human Resources Department(or
by the Division) in the presence of an appropriate representative of the Human Resources
Department or Division Management. Employees shall be provided with a copy of any documents
placed in his/her personnel file which adversely reflect on an employee's work performance. If
requested by the employees, his/her supervisor will discuss the documents with him/her. The
employee shall be allowed to place in his/her personnel file a response of reasonable length to
anything contained therein which the employee deems to be adverse. It is specifically understood,
that this provision shall not in any way alter or modify the Personnel Rules concerning tests or
examinations and the period of time which an employee has to review tests or examinations which
he/she has taken.
f) Nothing contained in this Contract shall abridge the rights of individual employees or the employer
under Florida law.
g) Upon request,Human Resources will provide to the Union President a monthly list of new hires in
bargaining unit positions.
AFSCME 3
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Section 1.5 Information to be Provided to Union by City. Effective upon ratification of this
Agreement,upon written request of the Union,the City will provide the following for each employee in
the bargaining unit represented by the Union, subject to exemptions provided in the Florida Statutes
Chapter 119, in excel format:
1. Employee ID
4:2_Name
2,3_Home address
4. Home phone number
3 5. Cell phone number
4,6_Department
577. Position classification
6:8_Starting date
9. Hourly wage
10. Email
7 11. Dues Fees
The Union may present a written request for employee information up to four-three times a calendar
year.
AFSCME 4
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ARTICLE 2
DEDUCTION OF UNION DUES
Section 2.1 Check off. Upon receipt of a lawfully executed written authorization from an employee,
which is presented to the City by an official designated by the Union in writing,the City agrees during
the term of this Contract to deduct the uniform biweekly Union dues of such employees from their pay
and remit such deductions to Council 79 Business Manager(provided address agreed)together with a
list of the employees from whom deductions were made;provided,however,that such authorization is
revocable at the employee's will upon thirty(30) days written notice to the City and the Union. The
Union will notify the City thirty(30)days prior to any change in its dues structure.
The Union shall pay,during the term of this Agreement the amount of one hundred dollars($100.00)
annually as a service charge for implementing and processing the above stated dues deductions. The
Union shall make the payment on or before April 1 of each year of the Agreement.
Section 2.2 Indemnification. The Union agrees to indemnify and hold the City harmless against any
and all claims,suits,orders or judgments brought or issued against the City as a result of any action
taken or not taken by the City under the provision of this Article.
AFSCME 5
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ARTICLE 3
EQUAL EMPLOYMENT OPPORTUNITY
Section 3.1 No Discrimination. In accordance with applicable Federal and State law,the City and the
Union agree not to discriminate against any employee as defined in federal, state, and municipal
ordinances.
Nothing contained herein shall serve as a barrier for the implementation by the City of any such
personnel actions as deemed necessary to comply with the Americans With Disabilities Act.
The development of job specifications that delineate those duties that are the required,essential tasks
of each job for the purpose of the Americans With Disabilities Act (ADA), shall not be considered
discriminatory or be grievable under the terms of this Contract.
This section does not preclude any bargaining unit employee from pursuing any appeal he/she may
have under the Civil Rights Act.
Section 3.2 Affirmative Action. The parties acknowledge the existence of Federal Guidelines on
voluntary affirmative action programs and the City is committed to the development of an Affirmative
Action Plan in accordance with those guidelines and law. The Union will be provided with an
opportunity to participate in the development of the Plan,and will thereafter assist the City in achieving
any lawful goals set forth in the Plan.
Section 3.3 Examinations. The City is committed to the utilization of fair,job-related examinations
and fairly administering such examinations,however,the subject matter and/or administration of these
examinations shall be subject to the grievance procedure up to Step III of the grievance procedure of
this Contract, however,questions or complaints concerning examinations may be brought directly to
the City Manager's designee for Human Resources.
AFSCME 6
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ARTICLE 4
GRIEVANCE PROCEDURE
Section 4.1 Definition of Grievance and Time Limit for Filing. A grievance is a dispute involving
the interpretation and application of the express terms of this Contract,excluding matters not covered
by this Contract. The Union acknowledges that the Personnel Board retains the right to make,enforce,
amend,and apply the Personnel Rules and Regulations,and that neither the City,the Union, nor an
arbitrator can control the Personnel Board's exercise of this right. No grievance shall be entertained or
processed unless it is submitted within fifteen (15) working days after the occurrence of the event
giving rise to the grievance or within fifteen (15)working days after the employee,through the use of
reasonable diligence,should have obtained knowledge of the occurrence of the event giving rise to the
grievance.
Section 4.2 Grievance Procedure. Grievances shall be processed, individually, as follows:
STEP 1: Any employee who has a grievance (or a steward on the employee's behalf)
shall submit the grievance, on the Grievance Form as provided by the City, to
the supervisor designated for this purpose by the City, and if the employee
wishes, he/she shall be accompanied by his/her Union Steward.
If no settlement is reached, the supervisor shall give the City's written answer
within fifteen(15)working days after such presentation. The Election of Remedy
Form as agreed herein shall be completed and submitted with the Step 1
grievance.
STEP 2: If the grievance is not settled in Step 1 and the employee wishes to appeal the
grievance to Step 2 of the Grievance Procedure, it shall be referred in writing to
the Department Head within five(5)working days after the Supervisor's answer
in Step 1 and shall be signed by the employee and/or the Union Steward. The
Department Head,or his/her Representative,shall discuss the grievance within
fifteen(15)working days with the Union Steward at a time mutually agreeable to
the parties.
If no settlement is reached,the Department Head,or his/her Representative,shall
give the City's written answer to the Union within fifteen (15) working days
following their meeting. Grievances processed without the completed, signed
Election of Remedy Form attached will be considered as withdrawn,and will be
returned to the Union President or the Grievant(s).
AFSCME 7 •
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STEP 3: If the grievance is not settled in Step 2 and the Union and/or the employee
desires to appeal, the Union President or his/her designated Representative
and/or the employee shall appeal in writing to the City Manager's designee for
Labor Relations, within five (5)working days after the designated Department
Head's answer in Step 2. A meeting between the City Manager's designee for
Labor Relations, and the Union Grievance Committee, not to exceed five (5)
employees(and/or the employee)shall be held at a time mutually agreeable to
the parties.
If no settlement or a settlement is reached, the City Manager's designee for
Labor Relations shall give the City's written answer to the Union and the
employee within fifteen (15)working days following the meeting.
The Union President or the Chief Steward and the appropriate Department Head may mutually agree
in writing that the first two steps of the grievance procedure set forth above may be bypassed if the
circumstances warrant it.
The City and the Union hereby agree that this procedure and the arbitration procedure set forth in
Section 4.3 shall be the sole and exclusive method for interpreting and enforcing this Agreement,
except in matters over which the City's Personnel Board or Hearing Examiner has jurisdiction (See
Section 4.6). Except as otherwise provided herein, the Union shall have the exclusive right to
represent all employees and to control the submission of grievances to arbitration. In accordance with
its obligation to fairly represent employees, the Union shall be authorized to withdraw, abandon or
settle any grievance at any time.
Section 4.3 Binding Arbitration. If the grievance is not resolved in Step 3 of the grievance
procedure,the Union,on behalf of the employee(s)who filed the grievance,may refer the grievance to
binding arbitration within five(5)working days after receipt of the City's answer in Step 3. The parties
shall attempt to agree upon an arbitrator within fifteen (15) working days after receipt of notice of
referral and in the event the parties are unable to agree upon an arbitrator within said fifteen (15)
workday period,either or both parties may request the Federal Mediation and Conciliation Service to
submit a panel of five (5) arbitrators. Both the City and the Union shall have the right to strike two
names from the panel. The parties shall alternately strike one name at a time. The remaining person
shall be the arbitrator. The arbitrator shall be notified of his/her selection within fifteen (15)working
days by a joint letter from the parties requesting that he/she advise the parties of his/her availability for
a hearing.
AFSCME 8
Page 964 of 1700
Section 4.4 Authority of Arbitrator. The arbitrator shall have no right to amend,modify,ignore,add
to,or subtract from the provisions of this Contract. He/She shall consider and decide only the specific
issue submitted to him/her in writing by the parties,and shall have no authority to make a decision on
any other issue not so submitted to him/her. The arbitrator shall submit in writing his/her decision
within thirty (30) days following close of the hearing or the submission of briefs by the parties,
whichever is later,provided that the parties may mutually agree in writing to extend said limitation. The
decision shall be based solely upon his/her interpretation of the meaning or application of the express
terms of this Contract to the facts of the grievance presented. Consistent with this section,the decision
of the arbitrator shall be final and binding.
Section 4.5 Expenses of Arbitration. The fee and expenses of the arbitrator shall be split by the
parties. If only one party wishes a written transcript,it shall be the party's sole financial responsibility.
If both parties wish the transcript, they shall split the cost. Each party shall be responsible for
compensating its own representative and witnesses.
Section 4.6 Election of Remedies. Disciplinary actions may be grieved under the
grievance/arbitration provisions contained in this Article or to a Hearing Examiner, who shall be
selected by utilizing the procedures outlined in Section 4.3 of this Article. Disciplinary actions that may
be appealed through the Hearing Examiner process include only removals,suspensions or demotions.
A grievance involving the interpretation or application of this Agreement may be grieved solely under
the grievance/arbitration provisions contained in this Article. Grievances regarding certain non-
disciplinary matters,such as disagreements as to the waiving or application of changes to personnel
rules or other work rules or policies may be filed via the Personnel Board procedures. The decision of
the hearing officer shall be final and binding. The cost of a Hearing Officer shall be paid by the City.
Any proceedings before the Hearing Examiner shall be conducted pursuant to the attached Hearing
Examiner Rules.
Section 4.7 Grievances Involving Discipline. Discipline shall only be for cause but shall not include
informal counseling or oral reprimands that are not written up and placed in the employee's Personnel
file. Written reprimands,suspensions,and dismissals shall be considered discipline. Any employee
who has completed the working test period (probationary period) and who is disciplined may file a
grievance concerning same. Grievances involving disciplinary actions, may be filed at Step II of the
grievance process as set forth in Section 4.2 or,if applicable,through the Hearing Examiner process
as stated in Section 4.6. Written reprimands may only be grieved through Step III of this procedure.
The City will review and consider the length of time of previous reprimands as part of the progressive
discipline process.
AFSCME 9
Page 965 of 1700
Section 4.8 Union Stewards. Union Stewards shall be designated by the Union. The Union shall be
entitled to 18 Stewards distributed as follows:
Sanitation 3
Parks Maintenance 2*
Fleet Management 2*
Water/Sewer 2
Streets and Streetlights 1
Property Management 1
Recreation & Parks Department&Bass Museum 4
Parking Department 1
Chief Steward (Police Department) 1
Fire Support 1
* Each at a different location.
The Chief Steward (or President) shall have the right to function in the absence of any designated
Steward. The Union shall certify in writing to the City the names of the Stewards in each of the
foregoing areas who shall be employed in said area. Stewards shall be permitted during working hours
without loss of pay,to investigate,discuss and process grievances in their respective areas;provided
the following conditions are met:(1)They first secure the permission of the Supervisor designated by
the City for this purpose(such permission shall not be unreasonably denied);(2)The Supervisor shall
be notified 24 hours prior to investigating,discussing,and processing grievances on City time(shorter
notice may be given to the Supervisor in the case of an urgent matter);and(3)The Union Steward or
Representative will report his/her return to work to the immediate Supervisor upon conclusion of the
use of time for grievance under this section.
Section 4.9 Grievance Meetings. Grievance meetings shall be held at mutually agreed to times and
places. Where practicable, the parties should schedule such meetings during working hours.
Section 4.10 Union Representation. The Union, in accordance with Chapter 447.401, Florida
Statues,shall not be required to process grievances for employees who are not members of the Union.
The Union will, however, be notified of the filing of all grievances and shall have a right to be present
at any scheduled meetings or hearings held pursuant to Section 4.2 (Grievance Procedure). In
addition, the union shall be notified of all proposed grievance settlement with any bargaining unit
member in writing prior to the final disposition of a settlement agreement.
The City shall notify the Union of all grievances filed by bargaining unit members,scheduled meetings,
and hearings at Step III of the grievance process pursuant to Section 4.2. In addition,the Union shall
be notified of all proposed grievance settlements with any bargaining unit member in writing prior to
final disposition of a settlement agreement.
AFSCME 10
Page 966 of 1700 •
Section 4.11 Union Time Bank.
Effective upon ratification of this Agreement, tThe City agrees to provide a time bank of 1,2504040
hours per year to be used by the Union President and his or her designee to conduct union business.
No more than two(2)of the designated union representatives may use time from the union time bank
at the same time. The President or designated union representative shall provide a minimum of
twenty-four(24) hours' notice to the appropriate Department or Division Director or designee. If the
union time bank is exhausted prior to the start of the next contract year, no more paid time off to
conduct union business on City time shall be requested, paid or approved, unless done with
employees' individual leave balances from leave other than Sick Leave.
Section 4.12 Employee Rights During Meetings or Interviews.
a) An employee shall be entitled to request Union representation at all meetings where the
representative of the City intends to seek or gain information from the employee, which may
become a part of the written disciplinary record or may result in a written warning/reprimand of the
employee.
b) The employee shall be informed of the nature of the meeting, the alleged conduct, and if
requested, be given a reasonable period of time prior to the meeting to contact and consult with
the Union. Nothing contained herein shall preclude an employee from legal representation in the
event of a criminal investigation.
c) All meetings will be held in the City at a reasonable hour during the employee's shift or contiguous
to the shift on the clock, unless an emergency or serious condition prevents such action.
Employees may submit rebuttal on performance evaluations or disciplinary memos. An employee's
official personnel file will continue to be maintained in Human Resources.
The City will continue the practice of issuing notices of intent and providing pre-determination hearings
before discipline, at a suspension level or higher, is imposed.
AFSCME 11
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ARTICLE 5
NO STRIKE AND NO LOCKOUT
Section 5.1 No Strike. The parties hereby recognize the provisions of Chapter 447,Florida Statutes,
which define strikes, prohibit strikes, and establish penalties in the case of a strike and incorporate
those statutory provisions herein by reference. The parties further agree that the City shall have the
right to discharge or otherwise discipline any employee(s)who engage(s) in any activity defined in
Section 447.203(6)of the Florida Statutes.
Section 5.2 No Lockout. The City will not lockout any employees during the term of this Contract as a
result of a labor dispute with the Union.
AFSCME 12
Page 968 of 1700
ARTICLE 6
MANAGEMENT RIGHTS
It is recognized that except as stated herein, it is the right of the City to determine unilaterally the
purpose of each of its constituent agencies, set standards of service to be offered to the public, and
exercise control and discretion over its organization and operations. The Union recognizes the sole
and exclusive rights, powers, and authorities of the City further include but are not limited to the
following:to direct and manage employees of the City;to hire,promote,transfer,schedule,assign,and
retain employees;to suspend,demote,discharge or take other disciplinary action against employees
for just cause; to relieve employees from duty because of lack of work, funds or other legitimate
reasons; to maintain the efficiency of its operations, including the right to contract and subcontract
existing and future work;to determine the duties to be included in job classifications and the numbers,
types,and grades of positions or employees assigned to an organizational unit,department or project;
to assign overtime and to determine the amount of overtime required;to control and regulate the use of
all its equipment and property;to establish and require employees to observe all applicable rules and
regulations;to conduct performance evaluations;and,to determine internal security practices;provided
however,that the exercise of any of the above rights shall not conflict with any of the express written
provisions of this Agreement. The Union, its officers, agents, and members agree that they will not
interfere with Management in the performance of its duties. The City agrees that, prior to layoff of
bargaining unit members, it will advise the Union.
If,in the sole discretion of the City, it is determined that civil-emergency conditions exist,including but
not limited to riots,civil disorders, hurricane conditions,or similar catastrophes,the provisions of this
Agreement may be suspended by the City Manager or his/her designee during the time of the declared
emergency, provided that wage rates and monetary fringe benefits shall not be suspended.
Should an emergency arise,the Union President and Staff Representative shall be advised as soon as
possible of the nature of the emergency. Nothing contained in this Agreement shall prohibit the
implementation of personnel actions the City deems necessary to comply with the Americans With
Disabilities Act(ADA).
AFSCME 13
Page 969 of 1700
ARTICLE 7
HOURS OF WORK AND OVERTIME
Section 7.1 Purpose. This Article is intended to define the normal hours of work and to provide the
basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of
work per day or per week, or of days of work per week.
Section 7.2 Normal Workday. The normal workday shall consist of eight(8)or ten(10)consecutive
hours of work,exclusive of the lunch period, in a twenty-four(24)hour period. Prior to any change in
the normal workday of a group of employees,the City will discuss the proposed change with the Union.
Section 7.3 Normal Workweek. The normal workweek shall consist of forty(40)hours per week. The
workweek shall begin with the employee's first regular shift each week. If the workweek is changed,
the employee will normally be notified fourteen(14)calendar days prior to the effective date of change;
provided that shorter notice may be given if circumstances do not permit the giving of fourteen (14)
calendar days'notice;provided further that it may be changed upon shorter notice upon agreement by
the Union.Agreement shall not be unreasonably denied.The implementation of this provision shall not
be arbitrary and capricious.
Section 7.4 Weekly Overtime. For all hours worked in excess of forty (40) hours during an
employee's workweek,the City will pay the employee at the applicable overtime rate.
Only actual hours worked shall be considered for the purposes of computing overtime. Paid leave,
including but not limited to annual, sick, family and medical (FMLA), birthday, floating holiday,
bereavement,compensatory and administrative leave shall not be considered as time worked for the
purpose of computing overtime. Effective upon ratification of this Agreement, hlHoliday leave and jury
duty shall count as time worked for the purpose of computing overtime.
Section 7.5 Distribution of Overtime Opportunity. Effective , ratification of this Agreement,
Oopportunity to work overtime shall be distributed equally as practicable among employees in the
same job classification and City division starting with the most senior employee, provided the
employees are qualified and possess the specific skills to perform the specific overtime work required
with the exception for overtime associated with completion of work in progress. Overtime opportunities
shall be accumulated on adequate records(which shall be available to the Union and employees with
overtime rosters posted on divisional board and updated monthly)and offered overtime not worked
shall be considered as worked in maintaining these records. If any employee establishes that he/she
has not received his/her fair share of overtime opportunities,such employee shall have first preference
AFSCME 14
Page 970 of 1700
to future overtime work until reasonable balance is recreated. Employees who have been recorded for
overtime hours not worked shall not be discriminated against with respect to future overtime
opportunities or job assignments. Overtime worked shall be voluntary, whenever possible. On a
particular job, an employee may be asked to complete work in progress during overtime when
hazardous conditions are present.
Section 7.6 No Pyramiding. Compensation shall not be more than once for the same hours.
Section 7.7 Paid Leave as Time Worked for Purpose of Computing Overtime. Ea -upon
ratificatieR-ef this o„feemont, Iin instances where the Director, or his designee, sends an employee
home on administrative leave,of up to eight(8)hours,to rest after working eighteen(18)hours or more
in a 24-hour period, as a result of an operational emergency or management need, such period of
administrative leave shall be considered as time worked for the purposes of computing overtime.
Section 7.8 Rest Periods. Each employee shall be granted a fifteen(15)minute rest period with pay
which will be scheduled whenever practicable approximately midpoint in the first one-half of the
employee's regular work shift and in the second one-half of the shift.
Section 7.9 Seventh Consecutive Day of Work. For all hours worked on an employee's seventh
consecutive workday within his/her workweek,the City shall pay two(2)times the employee's straight
time hourly rate of pay, provided the employee has worked his/her full shift on each of the six (6)
preceding workdays;provided that paid leave will not be considered as time worked for the purpose of
this Section. This provision shall not be applicable if a substantial number of employees are scheduled
to work seven (7)consecutive workdays because of an emergency such as a hurricane.
Section 7.10 Shift Starting Time. If the scheduled shift starting time of an employee is changed,the
employee will normally be notified ten (10)days prior to the effective date of change; provided that
shorter notice may be given if circumstances do not permit the giving of ten(10)days'notice.
Section 7.11 Reporting Pay. An employee who reports to work as scheduled will be guaranteed eight
(8) hours of work or eight(8)hours of pay at the applicable rate; provided, however, if the employee
does not perform the work assigned to him/her(within or below his/her classification)he/she shall not
receive any pay for time not worked.
Section 7.12 Call-1n and Call-Back Pay. EffectiveAan employee
who is called to work outside of his/her normal hours of work will be guaranteed four(4)hours of work
AFSCME 15
Page 971 of 1700
or four(4) hours of pay at the applicable rate. Call-back pay does not apply to planned overtime or
extensions of regular shifts.
This provision shall not apply to an early call-in or early report which overlaps into the employee's
regular shift. In such case,the early call-in or early report time will be compensated at the employee's
regular rate of pay or at the rate of time and one-half the regular rate of pay if the total hours worked in
the workweek exceed forty.
To ensure the equitable distribution of overtime opportunity, on-call/call-in hours worked or offered
shall be added to the employee's total on the overtime roster.
Section 7.13 Work Schedule. Work schedule shall normally show the employees'shifts,work days,
and hours, and shall be posted when necessary on an appropriate bulletin board.
Section 7.14 Standby. Employees expressly assigned to standby status shall receive two(2)hours of
straight time as a Standby pay for each day of that assignment. Employees in Public Works,Property
Management,Fleet Management and Parks and Recreation not expressly assigned to standby status
who are contacted via telephone outside of their normal hours of work will receive two (2) hours of
straight time as a Standby pay.Any such telephone conversation must be initiated only by the Public
Works Director, Property Management Director, Fleet Management Director or the Parks and
Recreation Director or their designee.
Employees will not be paid both the Standby pay and Call Back pay for the same day(i.e.,if called in
while on Standby status the employee will be paid only the Call Back pay). Employees will be paid
both the Standby pay and Call Back pay for the same day, only if the employee is called back more
than once on the same day. Management may call back employees qualified to do the job, including
crossing working groups within the AFSCME bargaining unit.The Standby payis not considered hours
worked for determining overtime. Standby shall be assigned in the City's sole discretion. Employees
assigned to standby must respond to any call within ten(10)minutes and must be available to report to
the work-site within forty-five (45) minutes (or some other reasonable period of time as determined
based upon the circumstances). Failure to meet these requirements(as may be modified in the City's
sole discretion), or other requirements related to standby assignments that may be determined
necessary by the City, shall result in forfeiture of the Standby pay, and possible disciplinary action,
based on the circumstances of each case.
AFSCME 16
Page 972 of 1700
ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1 Wages. The City of Miami Beach classification and pay system will be utilized under this
contract. This includes salary range changes,job audits,and market classification studies. This does
not include cost-of-living increases. No change shall take place until the Union President or his/her
designee concurs. No decision made within the context of this provision shall result in a lower grade,
the removal of a job classification from the bargaining unit, nor shall said decision result in an
exemption from FLSA overtime requirements.
Effective April 23,2014,the 2009 Condrey&Associates Job Classification and Compensation Study,
as adjusted in 2013 and further provided for by the April 1, 2014 Cost of Living Adjustment(COLA),
was implemented for all bargaining unit classifications, establishing the minimum base pay for all
bargaining unit classifications in accordance with"Scale C"of the study,and the maximum base pay
for all bargaining unit classifications in accordance with"Scale B"of the study.
Employees whose base pay, as of April 23, 2014,was over the maximum of the pay range for their
classification pursuant to"Scale B"of the study, were allowed to retain their current base pay. They
shall be ineligible to receive future cost of living adjustments(COLAs)and/or merit increases until such
time as their base pay is once again within the salary range of their classification.
No employee's base pay shall thereafter exceed,for any reason,the applicable maximum base pay for
the pay range of the employee's classification,except as otherwise stated herein.
Attached as Exhibit"IA","1 B",and"1 C"are the classification and compensation plan, as well as pay
ranges,that will take effect upon ratification of this Agreement.
No bargaining unit member who left the City's employment prior to the date of ratification of this
Agreement by both parties will be eligible for any wages or benefits under this Agreement.
AFSCME 17
Page 973 of 1700
Cost of Living Adjustment(COLA)
a) Effective with the first full pay period ending in AprII-May of 20442022,there shall be an across-
the-board wage increase of er1e-two percent(1-2%)for any bargaining unit member whose base
pay does not exceed the maximum of the pay range for their classification. In addition, the
minimums and maximums of each job classification range will be increased by oae-two percent
(42%), accordingly.
b) Effective with the first full pay period ending in July-May of 20202023,there shall be an across-the-
board wage increase of ene-three percent(43%)for any bargaining unit member whose base pay
does not exceed the maximum of the pay range for their classification. In addition,the minimums
{ and maximums of each job classification range will be increased by eae-three percent (43%),
accordingly.
c) Effective with the first full pay period ending in July-May of 20212024,there shall be an across-the-
board wage increase of ene-three percent(43%)for any bargaining unit member whose base pay
does not exceed the maximum of the pay range for their classification. In addition,the minimums
and maximums of each job classification range will be increased by ene-three percent (43%),
accordingly.In the event the City's General Fund Revenues increase by eleven percent(11%)or
0
)
instead of the one percent(1%)in July of 2021.
Merit Increase
Within sixty(60)days of an employee's merit review date,the employee's Department shall complete a
Performance Evaluation and forward it to Human Resources. The Evaluation shall be completed in
accordance with the policy established by Human Resources. Failure to complete a Performance
Evaluation within sixty(60)days will result in an automatic two percent(2%)salary increase.
0
Ratings shall be 1 through 5 as follows:1 equals unsatisfactory,2 equals
needs improvement, 3 equal meets expectations, 4 equals exceeds expectations and 5 equals
significantly exceeds expectations. Effective upon ratification of this Adreement`pPerformance
eEvaluation increases may total no more than two-three percent(23%)_
AFSCME 18
Page 974 of 1700
All AFSCME bargaining unit employees who receive a rating of three (3) or above on their annual
evaluation, shall be eligible for a merit increase, provided that the employee's salary shall not exceed
the maximum of the salary range for his/her position.
An employee who receives a score between 3.00 and 3.49 shall be eligible for a one percent (1%)
merit increase, an employee who receives a score between 3.5 and 3.99 shall be eligible for a two
percent(2%)merit increase,and an employee who receives a score between 4 and 5 shall be eligible
for a three percent (3%) merit increase.;
For FY 2021/22, FY 2022/23,and FY 2023/24,any employee whose salary exceeds the maximum of
the salary range for his/her position shall be eligible to receive a one-time, non-pensionable payment,
up to 3%.
Employees,aho receive a core of less than three (3)shall not receive a merit increase
If an employee does not agree with his/her merit rating score, he/she may justify in writing to his/her
supervisor the reason that the score should be higher. The supervisor, Director, or ACM may
reconsider or re-affirm the rating. If the employee still does not agree with the merit rating score,the
employee may grieve the evaluation up to Step 3 under the provisions of this Agreement.#-art
theft Aare
Performance Improvement Plan (PIP) •
Effective upon ratification of this Agreement, Performance Improvement Plans will be implemented
after a midterm or final evaluation that does not meet expectations, or as soon as possible after poor
performance is noted. Performance Improvement Plans may also be implemented at the discretion of
the Department Director or direct supervisor upon occasion of any unsatisfactory performance. If a
supervisor neglects to place an employee on a Performance Improvement Plan (PIP), the employee
will receive the minimum merit. If the employee chooses not to accept the Performance Improvement
Plan, upon the unsatisfactory performance, the employee must decline in writing. Performance
Improvement Plans are designed to coach the employee into satisfactory performance which meets
expectations. The employee's performance will be reevaluated after 90 days. If acceptable
performance is not achieved after 90 days,the employee will be given a second 90-day Performance
Improvement Plan. Managers will advise the employee intermittently through the Performance
Improvement period regarding their progress and suggested improvements. If satisfactory
improvement is not achieved after two consecutive 90-day Performance Improvement plans, the
AFSCME 19
Page 975 of 1700
employee may be disciplined up to and including termination. If an employee is eligible for a merit
increase, merit increase will be effective the beginning of the pay period immediately following the new
satisfactory performance rating. If an employee's merit rating score does not qualify him/her for a merit
increase.the employee may grieve the evaluation up to Step III under the provisions of this Agreement.
Effective the first full pay period upon ratification,the salary grade for Water Supervisor will increase
from Al 5 to a newly created salary range A16.In addition to the increase in salary range,employees in
the Water Supervisor classification will also receive a one-time five percent(5%) salary increase to
their base pay due to the reclassification.
Section 8.2 Shift Differential. Effective upon ratification of this Agreement, tThere shall be a shift
differential of€e yseventy-five cents ($.4575) per hour for work performed at the City's request on
regular shifts beginning after 2:30 P.M.and at or before 11:00 P.M.There shall be a shift differential of
fifty-fiveone dollar cents-($ 1.00)per hour for work performed at the City's request on regular shifts
beginning after 11:00 P.M.and before 6:00 A.M. Shift differential shall only be paid for regular shifts,
and shall not be applied to overtime,call-in or standby hours worked and/or paid.
Section 8.3 Holidays. The following fourteen fifteen(4415)days shall be considered holidays:New
Year's Day, Dr. Martin Luther King's Birthday, President's Day, Memorial Day, Juneteenth,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day following Thanksgiving,
Christmas Day,three(3)floating holidays,and the Empl one(1)floating bBirthday. Employees
shall become eligible for floating holidays and the BiFthday-1=4elidayfloating birthday upon completing six
(6)months continuous service with the City.
Section 8.4 Holiday Pay. Employees shall receive eight (8) or ten (10) hours pay, whichever is
applicable based on the employee's regularly assigned work shift,at the employee's regular rate of pay
for holidays not worked.
To be eligible for holiday pay,an employee must report for scheduled work on the holiday,on the last
scheduled day preceding the holiday, and the first scheduled day following the holiday unless such
absences are excused. Excused absences are defined as:
1)an absence due to illness or injury;
2)approved annual leave;
3)floating holiday or birthday;
AFSCME 20
Page 976 of 1700
Ffor work on a holiday falling on an employee's regularly
scheduled work day or for work required on a holiday falling on an employee's regularly scheduled day
off, he/she shall be paid for the number of hours actually worked at one and one-half of their regular
rate, irrespective of whether the employee has worked in excess of forty(40)hours in the applicable
work week, plus eight (8) or ten (10) hours holiday pay, depending on the number of hours in the
employee's regularly assigned work shift, at the regular rate of pay.
Should an employee be required to work on a holiday falling on his/her day off,he/she shall be paid for
the number of hours actually worked at one and one-half of their regular rate, irrespective of whether
the employee has worked in excess of forty(40)hours in the applicable work week, plus eight(8)or
ten (10)hours holiday pay, depending on the number of hours in the employee's regularly assigned
work shift, at the regular rate of pay.
Only actual hours worked shall be considered for the purposes of computing overtime. Paid leave,
including but not limited to annual, sick, family and medical (FMLA), birthday, floating holiday,
bereavement,compensatory and administrative leave shall not be considered as time worked for the
purpose of computing overtime.
Employees will be paid straight time for a holiday when the holiday occurs on the employee's day off,
in addition to paving for time worked.
Should an employee request time off on a holiday falling on an employee's regularly scheduled work
day,he/she shall be paid holiday pay at straight time for eight(8)or ten(10)hours of pay,whichever is
applicable based on the employee's regularly assigned work shift,at the employee's regular rate of pay
for the day and it shall not count against his/her accumulated leave.Such requests shall be considered
and approved in the same manner as vacation requests.
Section 8.5 Rate of Pay When Working Out of Classification. An employee may be required to
temporarily work out of his/her classification when directed by management. Temporarily is defined as
an employee who is clearly and definitely performing the principal duties in a higher pay classification
for more than one hour per day,and they shall not exceed 580 hours in a 12-month period,and shall
be paid as follows,except at the sole discretion of the Human Resources Director, he/she may waive
the 580 hour cap if in his/her judgment, it will best serve the needs of the City service:
a) Out of class pay shall be distributed as equally as practicable among employees in the same job
classification in the same work section.
b) If he/she is temporarily working in a lower classification,he/she shall receive his/her hourly rate in
AFSCME 21
Page 977 of 1700
his/her regular classification. Employees will not be assigned to lower classification work as
punishment or to demean the employee.
c) If he/she is temporarily working for one or more consecutive hours in a higher paying classification,
he/she shall be paid an hourly rate of two dollars($2.00)per hour to be added to the employee's
straight-time rate of pay.
Employees being trained with on-site supervisory assistance in a bona-fide training program for a
higher paying classification will be paid their current rate in their regular classification during such
training time.
Section 8.6 Uniforms. The City will provide uniforms to bargaining unit employees who are required
to wear them. The composition of the uniform shall be determined after consultation with the Union.
The Uniforms issued shall be chosen based on considerations of employee safety and comfort,as well
as cost. Issued uniforms will be replaced by the Department upon presentation of worn or damaged
uniform items by the employee no less than once per year. Each Department Director shall provide
necessary safety/foul weather gear,as appropriate.
The City will deliver the uniforms to the employees on April 30th of each year for the term of this
Contract.
All full-time employees shall receive six uniforms.
Six pants or shorts(if appropriate)
Six shirts
Six T-Shirts
One Uniform Jacket(one jacket during the term of the contract)
Sponsorship: In the event that the City enters into an agreement with any outside sponsor concerning
uniforms that may be issued to any employee(s) (but not necessarily all employees)who are in the
AFSCME bargaining unit,the Union agrees that these sponsored uniforms may be issued to satisfy the
contractual uniform obligations. The Union agrees that no additional contract obligations concerning
uniforms are hereby created,and that such sponsored uniforms may be discontinued at any time by
the City. The issuance and/or discontinuance of any such uniforms pursuant to such a sponsorship
arrangement shall not be subject to any grievance or appeal process.
Section 8.6 (b) Cleaning Allowance. Effective tification of +hio Agreement Aall full-time
employees will receive a monthly cleaning allowance of
sixty dollars($60)a month_fer
AFSCME 22
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fiscal year 2021 2022
Section 8.7 Safety Shoes. Employees in the following job classifications will be required to wear
safety shoes during all working hours. Effective October of each year a safety shoe certificate will be
provided to those employees in the following job classifications for the purchase of safety shoes
meeting ASTM F2413-05 Federal Safety Standards.
Those employees in the following classifications will make his/her safety shoe selection from a
predetermined list of safety shoes,which will be developed by the Shoe Safety Committee comprised
of two (2) Union representatives and two(2) Management representatives.
Assistant Pumping Mechanic Pumping Mechanic
Diesel Generator Mechanic Recreation Leader I and II
Building Services Technician Recreation Program Supervisor
Building Supervisor Sewer Supervisor
Concession Attendant Sewer Pipe Fitter
Control Room Operator Sign Maker
Central Services Technician Street Supervisor
Fire Equipment Mechanic Street Lighting Technician I and II
Fleet Service Representative Stores Clerk
Heavy Equipment Operator I and II Storekeeper I, II and Ill
Ice Rink Technician Storekeeper/Mechanic
Irrigation Systems Supervisor Tree Trimmer
Mechanic I, II and Ill Water Meter Technician I and II
Municipal Service Worker I, II and III Waste Collector
Municipal Service Worker Trainee Waste Driver Supervisor
Park Supervisor Water Pipe Fitter
Pest Control Supervisor Water Supervisor
Effective upon ratification of this Agreement, Recreation Leader I, II and Recreation Program
Supervisor shall receive the safety shoe allocation once per contract period rather than every October.
Employees receiving the safety shoe certificate will be required to purchase and wear the safety shoes
during all working hours unless medically prohibited by workers compensation or primary physician,
and will be subject to up to the loss of a day's pay for each day that the employee reports to work and
fails to wear the required safety shoes. Action taken against the employee under this Section shall not
be appealable to the Hearing Examiner or grieveable under this Agreement. The City Manager's
designee for Labor Relations shall review any questions on the interpretation of this paragraph.
When,due to extreme wear and tear or accidental destruction,a replacement pair of safety shoes is
required,the City will grant an additional shoe certificate.
Section 8.8 Vacation Benefits. Consistent with applicable ordinances,the vacation benefits presently
enjoyed by the employees covered by this Contract shall continue for the term of this Contract.
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Section 8.9 Meal Allowance. Effective upon ratification efthie Agreement,Aan employee who works
three (3) consecutive hours or more of pre-shift or post-shift overtime, shall be paid $15.00 unless
meals are provided by the City.This includes employees who have a gap between the ending time of
their regular shift and the start of their overtime shift. Employees shall receive compensation within
three (3) months.
Section 8.10 Jury and Witness Duty. The City shall permit employees to keep either payments
received from courts of competent jurisdiction for being on jury duty or in the alternative his/her
standard rate of pay,plus reimbursement of court parking expenses,upon presentation of a receipt for
such expenditure.
For each day an employee is called to jury duty,he/she shall be excused from work for such time as is
necessary to complete jury duty service. If three(3)or more hours are left in the employee's work shift
upon release from jury duty,the employee shall immediately contact his/her immediate supervisor for
instruction regarding his/her return to work.
An employee subpoenaed as a witness (not a defendant) for a matter which has arisen in the
employee's performance of duties, shall be granted temporary leave of duty with pay equal to the
difference between the employee's regular rate of pay and any witness fees received.
An employee who is a defendant in a matter which has arisen in the employee's performance of duties
and who is adjudged not guilty or not liable will be reimbursed for work time lost by reason of time
spent in court.
Section 8.11 Tool Allowance., Employees in the Mechanic II, Mechanic III, and Fire Equipment
Mechanic job classifications shall receive a tool allowance of forty-five dollars($45.00)per pay period;
employees in the Mechanic I and Storekeeper/Mechanic job classifications who regularly are required
to use their own personal tools as part of their job duties,shall receive a tool allowance of Ten Dollars
($10.00) per pay period. As a condition precedent to being eligible to receive the tool allowance
outlined herein,the following will apply:
Management will produce a detailed list of tools that the tool allowance recipient must have in his/her
on site tool box inventory. Further, such tool inventory shall not include tools manufactured by
companies that do not offer a 100%tool replacement warranty policy,except for those drill motors or
electronic tools that may have less than a 100% warranty. In the limited exception for electric drill
motors or electronic tools, all such electric drill motors or electronic tools shall be of professional,
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industrial grade, manufactured by known quality vendors.
Those employees who do not have all the required tools on the tool inventory shall not receive the tool
allowance. Should the individual wish to be re-considered for the tool allowance,he/she may purchase
the missing inventory tools and then re-apply for the tool allowance the following month.
Failure to complete the tool purchase within two (2) weeks will be cause for the employee to be
eliminated from consideration for receipt of the appropriate tool allowance. Future compliance with the
tool inventory will allow the employees in those classifications as outlined above to be eligible to
receive the appropriate tool allowance.
Each employee will submit to Management a complete inventory of the tools which they maintain at
their job site for working on City vehicles, annually. One (1) hour of time to prepare the annual
inventory of tools shall be done on City time once a year.
Each employee shall make his tools available to.Management staff for an inventory and/or safety
check upon reasonable notice.
Section 8.12 Bereavement. Effective upon ratification of this Agreement, in case of death in the
immediate family of an employee, three (23)
scheduled work days off per death and two(2)additional sick days,if needed,shall be granted to the
employee at straight time.Any additional time needed after five(5)days will be vacation with approval.;
three (3) scheduler! . ork day off if the f„neral a than 200 miles from home, and four (1)
scheduled t ' a:—The immediate
family shall be defined as father, mother, husband, wife, sister, brother, son, daughter, grandchild,
grandfather,grandmother,mother-in-law,father-in-law,stepfather,stepmother,stepson,stepdaughter,
or domestic partner as defined in the Domestic Partner Ordinance. Additional time off may be granted
by the Department Head,in writing, chargeable to the employee's accrued sick or vacation leave. In
such circumstances such additional sick leave shall not count against an employee for purposes of
performance evaluations.
Section 8.13 Pay Periods. Pay day shall normally be every other Friday. In the event such a Friday
is a holiday or scheduled day off,the City shall attempt to pay on the preceding day.
Section 8.14 Injury Service Connected. An employee who is absent from duty because of injury
which the City Manager or his/her designee determines is the direct result of the employee's
performance of duties on behalf of the City, shall continue to receive pay during such absence in
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accordance with applicable City ordinances. Such pay may continue for a period of time not to exceed
sixteen(16)weeks unless extended by the City Manager or his/her designee_with the approval of the
City Cer mission—Pay during the period of such absence will be computed as follows:
Employees who are entitled to pay because of injury service-connected,will be paid an amount which
is equal to the difference between their normal City pay and the amount of compensation payable
under the provisions of the Worker's Compensation Law of the State of Florida. A normal day's pay
shall be 1/10 of the biweekly rate of pay.
Section 8.15 Certificates. If an employee is required by law for the performance of his/her work,to
obtain a certificate for the spraying of insecticides, or a pumping station operator certificate, or a
certificate to handle chlorine,the City shall pay the fee to obtain and maintain such certificate
Effective May 1,2019,for the Water Distribution section ONLY the following will apply:
Employees who obtain and maintain a Class 1,Class 2 or Class 3 Water Distribution System Operator
License issued by the Florida Department of Environmental Protection shall receive an annual, non-
pensionable, pay supplement accrued monthly and paid out annually every September.
• Class 1 -$150/month
• Class 2-$65/month
• Class 3-$50/month
*** This incentive will not apply to employees in tiered classifications (such as Operators and
Technicians)who are currently not in the bargaining unit and are classified as "Others" even if this
classification subsequently becomes part of the bargaining unit.
Effective upon ratification of this Agreement, for the Waste Water Collection section ONLY, a one-
time,non-pensionable payment shall be made to employees who earn their A,B,or C Certification as
follows:
C Certification $300
B Certification $600
A Certification: $900
*** This incentive will not apply to employees in tiered classifications (such as Operators and
Technicians) who are currently not in the bargaining unit and are classified as "Others" even if this
classification subsequently becomes part of the bargaining unit.However,if the employee works within
the Control Room as a Control Room Operator,they may be eligible for the above incentive if they are
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not receiving the Skill Pay Supplement for Water Distribution Operators Class 1. 2, and/or 3.
Section 8.16 Pay for Hazard Duty. Effective upon ratification of this Agreement,employees working
hazard duty will be paid U7.00 an hour for time actually spent in these activities. Hazard duty applies
to the following activities:
a) Spraying hazardous chemicals(the definition of"hazardous"shall be consistent with the current
definition as of ratification)
b) Diving with scuba gear
c) Working in trenches five(5)feet or greater
d) Working in raw sewage
e) Working forty(40)feet or higher on aerial lift operations
f) Boat Operator
g) Hazardous chemical application as defined by MSDS
h) Fuel Truck Operator
h4)i) Removal of Dead animals at $7.00 per animal. The City will implement a voluntary list of
employees designated for animal removal. If an employee,who is voluntarily on the list,rejects the
removal of an animal three (3)times, they will be removed from the list.This voluntary list will be
utilized before employees are assigned by the supervisor/director.
Furlough/COVID Relief
Current employees covered under this contract, in consideration that this bargaining group gave
furlough days, will receive a one-time, non-pensionable bonus to be paid one week after the first
pay period following ratification of this agreement, as follows:
$2,000 for full time employees who made more than $50,000 on Sept 30, 2021
$1,500 for full time employees who made less than$50,000 on Sept 30, 2021
$1,000 for part time employees who took furloughs for were "laid off")
Section 8.17 Changes in Benefits. The City acknowledges its obligation under state law to notify the
Union of any change in a benefit contemplated by the City and permit the Union to bargain over such a
change,to the extent that state law requires such bargaining.
Section 8.18 Pension, DROP 8 Retiree Health. The Miami Beach Employees' Retirement Plan
(MBERP)is the pension plan for bargaining unit members,except for those employees who previously
elected to remain in the 401-A retirement program(in lieu of participating in the City's pension plan).
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The current benefits and member contributions provided by the MBERP shall remain in effect for the
term of this Agreement, except as follows:
1. For employees hired prior to April 30, 1993 who participate in the MBERP, the employee
pension contribution shall increase by 2%of earnings,from 10%to 12%of earnings,effective
upen-ratificatien-ef-this-AgreementJulv 14, 2010. For employees hired on or after April 30,
1993 who participate in the MBERP,the employee pension contribution shall increase by 2%
of earnings,from 8%to 10%of earnings,effective s-AgreementJuly 14,
2010. The additional two percent(2%) pension contribution shall cease for bargaining unit
members, if and when the actuary for MBERP confirms that the City's annual required
contribution to the plan is twenty-three and one-half percent(23.5%)of pensionable payroll or
less.
2. All current and future employees participating in the DROP shall be entitled to participate in
the DROP for a maximum period not to exceed sixty(60)months in total.Any employee who
previously executed a form entitling him or her to enter the DROP for a period of less than
sixty (60) months in total shall be given a one-time irrevocable election, within thirty (30)
calendar days from the effective date of the conforming City ordinance amending the DROP
period as set forth herein,to execute a new form extending his or her DROP period for up to
sixty(60)months in total.
Notwithstanding the foregoing, nothing herein shall preclude an employee who is presently
participating in the DROP from their continued active employment and termination of
employment in accordance with their original DROP separation date.
The parties agree that any bargaining unit member who previously elected to participate in the 401-A
retirement program(in lieu of participating in the City's pension plan)shall be required to work at least
ten (10)years before becoming eligible for any retiree health benefits from the City.
Any bargaining unit member who is eligible for retiree health benefits from the City must make a one-
time irrevocable election to continue receipt of health benefits via the City's plan at the time that the
employee terminates City employment. The parties also agree that if a member initially elects to
continue under City health insurance, but thereafter discontinues or is discontinued from such
coverage, then the retiree may resume coverage only at their own expense, without any employer
contribution whatsoever.
Employees hired on or after September 6,2006,will be entitled to a City contribution against the cost
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of continued health insurance coverage in the City's health insurance plan after retirement (or
separation) from City employment, as set forth in this section. Any employee hired on or after
September 6, 2006,who then remains employed until reaching eligibility for normal retirement, and
who elects to continue insurance coverage under the City's health plan,shall upon receipt of normal
retirement benefits also receive an additional separate supplemental monthly stipend payment in the
initial amount of$10.00 per year of credited service,up to a maximum of$250.00 per month until age
65, and $5.00 per year of credited service up to a maximum of$125.00 per month thereafter. There
shall be no other City contribution toward the cost of continued health insurance coverage for such
employees and this benefit shall be paid only during the life of the retiree.
Section 8.19 Training and Training Programs. The City and the Union agree that the training and
development of employees within the bargaining unit is mutually beneficial. The Union will be kept
informed of all training programs. The Union may make recommendations to the City relative to the
training of employees within the bargaining unit. The City will consider recommendations and
improvements submitted by the Union. The parties agree to meet at the request of either party for the
purpose of exchanging information concerning the overall training of employees within the bargaining
unit.
Section 8.20 Skill Pay Supplement.
Effective upon ratification of this Agreement,tThe Skill Pay Supplement is as follows:
Mechanics
ASE Certification Al Engine Repair $86.48/month
ASE Certification A2 Automatic Transmission/Transaxle $86.48/month
ASE Certification A3 Manual Drive Train &Axles $86.48/month
ASE Certification A4 Suspension &Steering $86.48/month
ASE Certification A5 Brakes $86.48/month
ASE Certification A6 Electrical/Electronic Systems $86.48/month
ASE Certification A7 Heating &Air Conditioning $86.48/month
ASE Certification A8 Enqine Performance $129.72/month
$55 99/menth
$95.00/menth
$1 35.00/month
Technician
Fire Mechanics
Level 1 Fire/Ambulance $65.00/month
Level 2 Fire/Ambulance $105.00/month
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EVT Master Fire/Ambulance $145.00/month
Natural Gas ASE Certification
$35.00/month
Rafts-So ianst
$55 00/menth
Fleet Service Representatives/Parts Specialist
Parts Specialists P1 Med/Heavy Duty trucks $86.48/month
Parts Specialists P2 Automotive $86.48/month
Parts Specialists P3 3rd Certification -as determined by ASE $86.48/month
Notr.vte: Ef evctiv2-u
$300 00/month
Section 8.21 Health Insurance.
a) The City shall offer medical, dental, and life insurance benefit plans to full-time bargaining unit
employees and their legal dependents during the term of this Agreement. The City will continue to
pay at least fifty percent(50%)of the premium cost for eligible employees hired before the date of
ratification of this Agreement. Employees hired on or after the date of ratification of this
Agreement, will continue to receive a premium subsidy by the City of at least 50% of health
insurance premium costs for standard plans, but will not have a minimum required City subsidy
amount for premium plans. The City will continue to offer alternative plans as options for
employees. The City may change insurance carriers and/or the scope and level of benefits in any
plan. The City also may change the percentage of premium cost paid by the City from year to year
for any one or more of the optional plans available,depending upon the scope and level of benefits
available in each of the optional plans.
b) Employees in the bargaining unit shall be eligible to participate in the City's flexible and voluntary
benefits plans,which may be modified by the City from time to time. The flexible and voluntary
benefits plans shall be administered by the City.
After an employee exhausts Injury Service Connected (ISC) benefits and is receiving workers'
compensation checks, the City shall access the employee's leave accruals to keep him/her whole.
Deductions for benefits such as health and dental insurance coverage and pension contributions will
be made from the value of the accrued leave.Once an employee runs out of leave accruals and is still
unable to return to work, the employee has an affirmative responsibility to contact the Human
Resources Department,Benefits Division,to make benefit payment arrangements.Employees will be
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•
given one month's grace period after which coverage shall be cancelled.
Section 8.22 Emergencv Pay
Effective upon ratification of this Agreement, when the City declares an emergency due to a named
hurricane and other events, and employees are sent home in a non-work status with pay due to the
department being closed,advised-to-stay-home-with-pay-and some employees are ordered to work,
these employees shall be paid at double their straight hourly wages for all hours worked until the state
of emergency has been lifted by the City,for up to five (5)days.fore-three(3)days: Payment for
hours worked during a declared emergency event will be paid at this rate irrespective of whether the
employee has worked in excess of forty(40)hours in the applicable work week for up to three-five(35)
days.
Section 8.23 Landfall Team. Effective ratification of this Agreement, Bbargaining Unit
employees designated to be part of the Landfall Team(designated Landfall Team Members)shall be
on a voluntary basis only starting with the most senior person in the same division. There will be a list
published by May 1st of each year,according to seniority(updated monthly and/or accordingly).
Designated Landfall Team Members shall be compensated at a pay rate of one and one-half of the
employee's hourly rate of pay for all hours worked plus one(1)hour of Administrative Hurricane Pay for
each of the first eight(8)hours worked for up to three(3)consecutive days. Designated Landfall Team
Members shall only qualify for the pay if the Landfall Team is activated by the Department Director or
his/her designee in consultation with the Emergency Management Division. Landfall Team Members
who report to duty will be paid for the duration of the Landfall Team activation for actual hours worked.
During a weather-related emergency event, if a designated Landfall Team Member fails to report for
duty during their regularly scheduled shift, where non-designated employees are directed to stay
home, said employee may be subject to disciplinary action without a bonafide excuse and will not
receive the Landfall Team compensation nor Hurricane Pay.. Administrative Hurricane Pay is
compensated at a rate equal to an employee's hourly rate of pay and is not to be confused with
Essential Personnel(Hurricane Pay)as denoted in Section 8.22.
Payment for hours actually worked during a declared emergency event will be paid at time and one half
irrespective of whether the employee has worked in excess of forty(40)hours in the applicable work
week.The City and the Union agree that this compensation may or may not reflect the City's traditional
payroll codes,however,the compensation on the employee's paystub will reflect the time and one-half
rate for all hours worked but will not include the eight hours of Administrative pay for the first three(3)
days.
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Employees shall not receive pay for both Essential Personnel(Hurricane Pay)(as described in Section
8.22)and Landfall Team.
Effective upon ratification of this Agreement, Designated Landfall Team Members shall be allowed up
to four eight (48) hours to secure personal property prior to a weather-related emergency event.
During the weather-related emergency event, the City shall provide designated Landfall Team
Members with food,weather gear,and shelter rated to withstand a category five(5)storm. Designated
Landfall Team Members shall be required to seek shelter when winds exceed 40 miles per hour.
The Landfall Team shall not erode the bargaining unit.
Section 8.24 Vaeation_Leave Sell Back Program.
Effective upon March 5,2020,employees will have the option to sell back
their annual vacation leave accrual for a cash payout of a maximum of(80)hours vacation on a one-
time basis upon ratification. Employees must maintain a minimum of 140 hours after the one-time
payout.To elect this option,eligible employees must submit a completed form to the City between the
designated 45-day window.The 45-day window will be agreed upon between the City and the Union
upon ratification of this Agreement.
In accordance with applicable City ordinances,this early vacation payout shall count towards,and will
be subtracted from,the maximum payout of leave upon separation.
The parties shall meet within one year of ratification to discuss some form of leave sell back.
So tion 8 25 On Tine Earl Ret' emen4 Effecti.a pon ratification of this Agreement and after
rly retirement incentive plan
than June 2R 2020
reti f m nt.
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ARTICLE 9
SENIORITY
Section 9.1 Definition. Effective -of this Agreement, Sseniority for purposes of
application of this Agreement except as otherwise stated, shall be measured by the full-time date of
employment with the City.
For those members whose date of employment are the same, seniority shall be determined by the
higher score on the eligibility list(if applicable).
Seniority will not apply in an emergency situation.
Section 9.2 Layoffs. When there is a reduction in force in any job classification (including those
resulting from a consolidation or elimination),employees will be laid off in the following order,and such
layoffs shall not have the effect of reducing the City's efforts to diversify the workforce:
a) Employees in the affected classification who have not completed their working test period
(probationary period)will be the first reduced.
b) In the event of further reductions in force, employees will be reduced from the
classification in accordance with their seniority and their ability to perform the work
available. When two or more employees have equal skill, ability and qualifications, the
employee(s)with the least seniority will be the first laid off.
A non-probationary employee reduced from a job-classification under(b)above may be transferred by
the City to another position of equal rate, or failing such transfer, he/she may exercise seniority to
replace the least senior employee in a lower rated job classification covered by this Contract where the
employee has equal skill, ability, and qualifications to perform the work; provided that the replacing
employee will be given an opportunity to become familiar with the work, receive basic instruction
concerning the work, and orientation on the operation of equipment, if any.
Section 9.3 Recalls. When there is a recall, employees on layoff with seniority will be recalled in
inverse order to their layoff, provided they are presently qualified to perform the work in the
classification to which they are recalled. No new employees shall be hired into a classification from
which employees have been laid off and remain on layoff status until such laid off employees are
offered recall in accordance with Civil Service Rules, which shall govern for recall purposes.
Employees shall not be transferred into or assigned to work out of class in a classification from which
any employees have been laid off and remain on layoff status, except on a temporary basis not to
exceed a total of ninety(90)calendar days in a six-month period.
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Section 9.4 Break in Seniority. Seniority and the employment relationship shall be terminated when
a non-probationary employee:
a) quits voluntarily.
b) is laid off for more than one(1)year,or the employee's length of service,whichever is greater,up
to a maximum of two(2)years.
c) is terminated for cause.
d) retires or is retired.
e) fails to return to work at the expiration of any approved leave of absence.
f) fails to report to work within five(5)workdays after date of written notice of recall to work after a
layoff given by the City by certified or registered mail and addressed to the employee at his/her last
address appearing on the records of the City. It shall be the employee's responsibility to provide
the City with his/her current address.
g) an employee absent for a period of three(3)work days without notification of a valid reason to the
management of his/her department, and who has no legitimate reason for not notifying the
management of his/her department shall be considered as having resigned.
Section 9.5 Seniority Lists. upon -Eevery October, the City
shall post and/or provide for posting on the Bulletin Boards described in Article X, a seniority list
showing the continuous service of each employee covered by this Contract and will also provide the
Union with a list of new hires and terminations within the bargaining unit during the prior six(6)months.
A copy of the seniority list shall be furnished to the Union. The seniority dates and rankings shall be
deemed correct unless errors are brought to the attention of the City within thirty(30)days following
any posting.
Section 9.6 Union Officer Continuation of Duties. Except as otherwise provided by law, the
following Union officers,for the purpose of determining the order of layoff or transfer in lieu of layoff,
shall have top seniority within the bargaining unit: President, Vice-President, Secretary-Treasurer,
Recording Secretary and Chief Steward.
Section 9.7 Promotions. The term promotion as used in this Contract,means the advancement of an
employee to a higher paying classification. Whenever a bargaining unit job opening occurs,other than
a temporary opening, in any existing job classification or as the result of the development or
establishment of a new job classification, a notice of such opening shall be posted on all bulletin
boards for two(2)weeks.
During this period, eligible and qualified employees who wish to apply for the open bargaining unit
position or job after it has been announced,may do so. The application shall be in writing,and it shall
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be submitted to the Human Resources Department.
If there is more than one(1)employee who is qualified for promotion to a job classification in a work
section for which no Civil Service examination is required by the Personnel Board,seniority shall be the
determining factor where two(2)or more employees within the same work section have equal skill,
ability, and qualifications.
Section 9.8 Demotions. The term demotion, as used in this Contract, means reassignment from a
position in a higher classification to a position in a lower classification. Demotions may be made to
avoid laying off employees, to provide employees with the opportunity to request changes to lower
grades for personal convenience, disciplinary reasons, or when an employee is unable to perform
satisfactorily the duties of his/her position.
Section 9.9 Preference for Out-of-Class Assignments. Employees who have been previously
permanently classified with regular status in a higher rated classification and who have been displaced
due to a layoff from that classification but remain in the same division,shall have a preference for any
out-of-class assignments to that classification for as long as he/she has recall rights to that
classification.
Section 9.10 Shift Preference. By August 1st of each year,the City will allow employees to file for
shift preference(days off and start/end time).Shift Preference forms shall be filed eight(8)weeks prior
to the October 1st effective start date of new shift assignments each year. The City shall make
assignments to shifts using the Shift Preference forms for employees in the same job classification,
within the same work section within a division.Assignments to shifts shall be based on seniority,skill,
ability and past performance. If skill, ability and past performance among the persons seeking the
reassignment are equal,seniority shall govern. In the event that management determines that granting
the reassignment would provide unbalanced shifts or result in inexperienced persons or shifts without
proper or sufficient supervision,then the shift preference shall not be granted. Shift preference forms
will be valid for twelve(12)months from the filing date.
An employee who wishes to grieve the implementation of this provision of the contract may elect to
bypass Steps 1 and Steps 2 of the Grievance Procedure.
If a vacancy occurs after the effective start date,previously filed shift preference forms will be used to
assign a shift in a job classification which operates on more than one shift in a work section within a
division.Assignments to shifts shall be based on seniority,skill,ability and past performance. If skill,
ability and past performance among the persons seeking the reassignment is equal, seniority shall
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govern. In the event that management determines that granting the reassignment would provide
unbalanced shifts or result in inexperienced persons or shifts without proper or sufficient supervision,
then the shift preference shall not be granted.
Section 9.11 Temporary Employees.
Tthe City shall have the unrestricted right to hire
"temporary"employees in the bargaining unit.
Such"temporary"employees shall be paid at rates set in the sole discretion of management.
"Temporary"employees may not work in a classification wherein a permanent Civil Service
employee is laid off. "Temporary"employees shall not be covered by Civil Service or Personnel
Board Rules,and they shall serve at the will of their employer without right of appeal or access to
the grievance procedure contained herein, and they shall not receive any fringe benefits or pension
benefits. Terminated"temporary"employees may be re-hired if their separation is under honorable
circumstances.
Regarding temporary positions, it is understood that those positions were not limited to, but could
be used to develop a cadre of employees who, on short notice, could serve as backup for regular
employees or for such things as vacancies caused by absences due to maternity, military leave,
sick leave, off-duty injury, on-duty injury, and work overload. The examples cited herein are not
meant to be all inclusive.
It is further recognized that employees who retire"in good standing"who may be interested in
working on a temporary, part-time basis,and should temporary work become available,the retired
employees will have the opportunity to make application for one of the temporary positions. Such
part-time positions shall not be covered by Civil Service rules or regulations, will have no fringe or
pension benefits, and the salary shall be at a rate determined by the City. Further,the temporary
employees shall not have a choice of picking schedules but will be assigned by the City's
management on an as needed,when needed, basis.
Section 9.12 Vacations and Emergencies.
a) When vacations are scheduled,permanent vacancies or shifts are filled,promotions are made to
a position within the bargaining unit, seniority shall apply when all other factors are equal.
b) Seniority will not apply in an emergency situation.
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ARTICLE 10
GENERAL PROVISIONS
Section 10.1 Work Rules and Incorporation of Personnel Rules. The City will provide the Union
with a copy of any written work rules affecting employees covered by this Contract that are instituted or
modified during the term of this Contract. The Union will be provided with an opportunity to discuss
any change in a work rule, and its impact prior to implementation of the change. The current work
rules will continue to be enforced;however,the Union will be provided with the opportunity to suggest
changes or alternatives to the existing rules. The Personnel Rules are incorporated herein, unless
otherwise specifically provided for in this Agreement.
Tthe City will give the Union ten (10)day notice to any
changes to work, personal, and department policy, before implementing such rules.
Section 10.2 Clean-up Time. Effeet ve ratification of this egreeme4 Eemployees shall be
allowed up to fifteen(15)minutes clean-up time,at the end of their shift,to include personal and work
area cleanup time. Where facilities are provided, they shall be properly supplied.
Section 10.3 Safety.
a) The City agrees to comply with all laws applicable to its operations concerning the health and
safety of the employees covered by this Contract. Each employee covered by this Contract will be
required to comply with all safety and health rules and regulations established by the City. Each
employee shall be given a copy of any written safety rules. In case a claim of an imminent unsafe
condition, which poses an immediate threat of loss of life or bodily harm, a Union Safety
Representative shall be entitled to present such complaints and/or claims to the supervisor of the
area in question or to the City Manager's designee. The City shall hold two(2)safety meetings per
year in the departments for all employees to further safety on the job.
b) When weather and operational conditions permit,employees may be permitted to ride on the rear
of work vehicles provided such transportation is safe and the employees are seated securely.
Management has the right to eliminate such transportation if, in the discretion of Management,
such seating and/or transportation is unsafe. When weather conditions are such that continual,
heavy rain, severe lightning or heavy wind storms are occurring in the immediate work area,the
employees will not ride in the back of an open vehicle.
c) During continual,heavy rain(downpour)or severe lightning storms,employees will take shelter or
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they will be directed to other work or training, so as to not be exposed to the severe lightning or
heavy rain storms.
During hot weather days, as determined by OSHA heat index, employees will be provided with
adequate amounts of water and provided with shade,hats,and sunscreen.The City will train workers
on heat related illnesses and what to do in emergencies, risk factors, and prevention.
Section 10.4 Safety Glasses. If an employee requires prescription glasses to perform work and the
hazards of his/her job are such that special safety glasses are necessary to ensure safe working
conditions, the City will provide them. Such requests shall be subject to the approval of Risk
Management.
Section 10.5 Safety Equipment. The City will periodically issue certain safety equipment(including
but not limited to a safety vest,a hard hat,safety glasses,hearing protection,chaps,shin guards,etc.)
to each employee who must use such safety equipment while performing their duties as determined by
the City's Risk Management Department. Safety equipment damaged through non-negligent use at
work must be returned to the City for replacement at no charge. However, the employee will be
charged for any additional safety equipment to replace lost, misplaced, mistreated, and/or stolen
equipment. Employees who are issued safety equipment by the City must wear that safety equipment
as part of their uniform during all working hours when such safety equipment is necessary,and will be
subject to progressive discipline each time that the employee reports to work or a job site without the
required safety equipment. Action taken against the employee under this Section shall be appealable
up to Step 3 of the Grievance Procedure. The City Manager's designee for Labor Relations shall
review any questions on the interpretation of this paragraph.
Section 10.6 Emergency Medical Attention. The City agrees to place first aid kits at various work
locations throughout the City. Furthermore,when emergency medical attention is necessary on the
job,the City will arrange for expeditious transportation of the employee to a medical treatment facility.
Section 10.7 Transportation of Employees. The City agrees that whenever employees must be
transported from an assembly point to a work site or from one work site to another,during inclement
weather, such as rain or cold, the means of transportation will be by an enclosed vehicle,wherever
possible, except in extenuating circumstances.
Section 10.8 Transfer. Transfer requested by employees to positions in the same classification or pay
range within the City's employ may be affected in accordance with the Personnel Rules. The City shall
make reasonable efforts to find suitable work for employees who suffer a physical ailment, injury or
disability.
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Section 10.9 Civic Duty. Employees required to appear before a court of law or other public body on
matters not related to their work, in which they are not personally involved (as plaintiff or defendant)
and employees elected or appointed to any political or legislative position who request a leave of
absence to perform their civic duty, shall be granted a leave of absence in accordance with the
Personnel Rules.
Section 10.10 Unpaid Leaves. Leaves of absence for a limited period,not to exceed six(6)months,
may be granted for any reasonable purpose in accordance with the Personnel Rules and such leaves
may be extended or renewed at the employee's request and upon agreement by the City.
Leaves of absence for up to six(6)months shall be granted to accept appointment to office within the
Union or employment within the Union.
Section 10.11 Negotiation Pay grrGe te^trUttp to six(6)members
of the Union's Negotiating Committee, during negotiations for a successor collective bargaining
agreement, shall be paid for all time spent in negotiations which would otherwise have been time
worked by the member of the Negotiating Committee. Negotiating time beyond the normal work hours
or beyond an employee's scheduled workday or workweek shall not be considered as time worked for
the City.
Section 10.12 Contracting and Subcontracting.
a) When the City contemplates entering into a contract with an outside supplier or service agency to
perform services presently being performed by the Bargaining Unit employees and such contract
shall result in the lay-off of any bargaining unit employee,the City agrees that it will,upon written
request, meet and discuss with the representatives of the Union the effect of such contract upon
members of the Bargaining Unit.
If the City enters into such a Contract and,as a result thereof,an employee will be laid off,the City
agrees to ask the Contractor to provide first consideration for such employee for any available
work.
In the event that the employee is not employed by the Contractor,the City will offer such employee
another available job with the City, if there is a budgeted vacancy and the employee affected by
the subcontracting is qualified to perform. Questions of qualification to perform the job duties shall
be decided in the sole discretion of the City Manager's designee for Human Resources.
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If there are no jobs available,the Reduction in Force provision contained in this Agreement shall
apply, provided that such laid-off employee shall be recalled to work before the City hires a new,
permanent employee to perform the work of the classification held by the employee at the time of
the layoff.
This recall right shall exist for up to the individual's total service time with the City, but not to exceed
two(2)years after the date of the person's layoff date, but such recall right shall cease as of two(2)
years after layoff,or if the employee does not return to work as scheduled if he/she is offered a recall
notice prior to the two(2)years.
It shall be the responsibility of the laid-off employee to notify the Human Resources Department
when technical skills, training, and experience have been enhanced during the lay-off period,
which may allow the individual to apply for another bargaining unit job with the City.
Nothing in this Section will be construed to limit the Union's right to bargain concerning the
identified impact or effects of subcontracting out or transferring upon Bargaining Unit members.
b) At least thirty(30)days prior to making a decision to subcontract or contract out a function being
performed by bargaining unit employees, management will notify the bargaining unit. If the
bargaining unit so request in writing within 10 days of notification, management shall convene a
Labor Management conference conducted by the Human Resources Department to discuss.
Section 10.13 Sick and Vacation Leave Accrual and Maximum Payment on Termination. The
present policy concerning sick leave,including the policy for payment of accrued sick and vacation time
combined,up to a maximum of one year's salary,upon termination,retirement,or death,shall continue
for all employees hired before October 1, 1978.
The annual and sick leave accrual rate is subject to the City of Miami Beach Classified Employees'
Leave Ordinance.
Regular full-time employees with less than ten (10)years of service shall accrue 96 hours of annual
leave and 96 hours of sick leave, prorated bi-weekly,each payroll year. A payroll year is defined as
the first through the last pay period of each calendar year.
Regular employees with more than ten(10)but less than twenty(20)years of service shall accrue 136
hours of annual leave and 96 hours of sick leave,prorated bi-weekly,per payroll year upon completion
of ten (10)years of employment.
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Regular employees with more than twenty(20)years of service shall accrue 176 hours of annual leave
per year and 96 hours of sick leave, prorated bi-weekly, per payroll year upon completion of twenty
(20)years of employment.
All employees covered by the agreement shall, under applicable ordinances, rules and regulations
shall be allowed to accumulate no more than 500 hours of vacation leave per payroll year.At time of
termination, death, or retirement, all employees covered by this agreement shall be permitted a
maximum payment of 620 hours vacation leave. In addition to vacation leave,all employees covered
by the agreement shall be permitted a maximum payment at time of termination,death,or retirement of
one-half(50%)of accumulated sick leave to a maximum of 600 hours of sick leave. All employees
covered by the agreement shall be permitted to transfer sick leave in excess of 360 hours to vacation
leave at the rate of two(2)days of sick leave to one(1)day vacation leave to be used in the pay period
year when transferred.
The"must use"accrual on vacation leave from one payroll year to the next is 500 hours.
Section 10.14 Perfect Attendance Bonus. Effective upon ratification of this Agreement,employees
who perform the full scope of their regularly assigned classification for each calendar year shall receive
a lump sum bonus of$4 0600 30(non-pensionable earnings)provided that they have not used more
than one instance of pre-approved sick leave or been absent for any reason that was not authorized at
least 48 hours in advance.An employee will also be allowed two(2)incidents of tardiness,use of one
(1)Religious/sick day,and one(1)emergency vacation. Employees out on ISC will not be eligible for
the perfect attendance bonus.
Effective upon ratification of this Agreement, -up to two(1-2)
instances of Bereavement leave shall not be counted against employees under this section for
attendance ratingsbonus.
Section 10.15 Changes in Job Specifications and New Classifications. Changes in existing
specifications or the creation of new classifications shall be submitted for review and comment by the
Union prior to implementation or submission to the Personnel Board.
Section 10.16 Opportunity for Advancement. To the extent that funds and personnel are available,
the City is committed to facilitating the efforts of employees, through training, to increase their
efficiency,broaden their knowledge,and become more effective in performing their duties in order to
enhance their opportunity for promotion.
Section 10.17 Union Conventions. Up to a maximum of four (4) delegates of the Union will be
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permitted to annually use a pool of paid time-off, not to exceed a total of ten(10)working days in any
one fiscal year, for the purpose of attending State and International conventions. The Union will
provide the City with the name(s)of the delegate(s)selected to use the Convention time-off under this
section and the Union must provide the dates and locations of any such conventions for which a leave
of absence under this section is requested at least six(6)weeks in advance of the convention so that
the department can make appropriate arrangements. Requests for use of this paid leave may be
denied if the time off will create any scheduling or manpower problems. In addition,up to five(5)duly
authorized delegates of the Union may request a leave of absence without pay,not to exceed three(3)
weeks per delegate in any one year and no more than two (2)weeks at a time, for the purpose of
attending conventions and training seminars of the Union. Requests for this unpaid leave shall be
submitted at least one month prior to commencement of the leave and said requests will not be
unreasonably denied.
Section 10.18 Educational Leave and Tuition Assistance. An employee may request an
educational leave of absence without pay to take a course or courses in a field related to the work
assignment or career ladder direction of said employee.
Effective upon ratification of this Agreement,employees covered by the bargaining unit are eligible for
the tuition assistance program set forth in Resolution No.-2017-297142015 28894•, adopted January
14, 201511, 2017,which provides the following levels of benefit:
Six Credit hours per semester for a total of twelve-eighteen credits per calendar year will be
reimbursed, as follows:
• Approved undergraduate, community college courses and non-credit/certificate
courses will be reimbursed as follows:
O 8090%for courses in which the employee earns an A
O 6080%for courses in which the employee earns a B
O 4060%for courses in which the employee earns a C
• Approved graduate courses will be reimbursed as follows:
O 8090%for courses in which the employee earns an A
c 6080%for courses in which the employee earns a B
• The rate of reimbursement is based upon and shall not exceed the annual tuition
reimbursement rate set annually by the State of Florida.
• At no time shall the annual tuition assistance for each employee exceed $5.250,the
federal government cap for withholding tax exemption.This amount is subject to change
based on updates to the federal guideline.
The levels of benefit identified above may be subject to change by the City Commission, but in no
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event shall be less than the levels of benefit identified below:
One course per semester/trimester/quarter equivalent to thrce six credits for a total of twelve
eighteen credits per calendar year will be reimbursed, as follows:
• Approved undergraduate community college courses and non-credit/certificate
courses will be reimbursed at an amount not exceeding$158.25
• Approved undergraduate university courses will be reimbursed at an amount not
exceeding$251.16
• Approved graduate courses will be reimbursed at an amount not exceeding$531.15
Section 10.19 Meetings Leave. Effective upon ratification of this Agreement,tThe Union shall have
the right to designate up to two(2)one-(1)representatives,authorized with pay for time he/she would
have otherwise been working,to attend any formal meetings and/or hearings of any sub-divisions of
the governing bodies of the City, including City Commission meetings,when a matter relating to the
Union is on the agenda for such meeting and if prior notice to the representative's supervisor has been
given.
Section 10.20 Union Bulletin Boards. The City will make available one(1)enclosed bulletin board
for the posting of official Union notices at each of the following locations, and the Union will limit the
posting of Union notices to such bulletin boards:
1) Public Works Operations-451 Dade Boulevard
2) Sanitation- 140 MacArthur Causeway
3) Fleet Management- 140 MacArthur Causeway
4) Parks Maintenance Division-2100 Meridian Avenue
5) Fire Department Service Area
6) Meter Parking— 1837 Bay Road
7) City Police Station
8) City Hall
9) Recreation Centers(provided AFSCME pays the cost of the new board(s)):
a. Teen Center—2100 Washington Avenue
b. Flamingo Park& 11th Street at Jefferson Avenue—Tennis Courts and Swimming Pool
c. Muss Park—4400 Chase Avenue
d. Normandy Isle Park and Swimming Pool (Afterschool Programs)—7030 Trouville
Esplanade
e. North Shore Park Youth Center—501 72nd Street
f. Polo Park(Sport Camp)—4301 N. Michigan Street
g. Scott Rakow Youth Center—Ice Rink and Swimming Pool—2700 Sheridan Avenue
h. South Point Park(Fishing and Water Camps)—1 Washington Avenue
i. Stillwater Park(Outdoor rentals)—8440 Hawthorne Avenue
Section 10.21 Labor Management Committee. In order to strengthen the parties'labor-management
relations,the AFSCME agrees to participate with the City in labor-management committees to address
the issues in Departments. Such committees may be requested by the AFSCME or by the City
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(through the City Manager, Department Directors,or designees)to meet at mutually accepted times.
The parties agree that uniforms will be discussed through such Labor Management Committees.The
City and Union agree to discuss heat index mitigation measures at labor-management meetings.
Section 10.22 Me Too and Re-openers. The AFSCME reserves the right to a"Me too"agreement
with the CWA and GSA bargaining units on parallel economic issues including but not limited to
wages,COLA and pension should the City modify those collective bargaining agreements. Any such
discussions shall not exceed a period of ninety(90)days from the day of the first meeting, and in no
event shall the discussions continue beyond the contract expiration date.
ARTICLE 11
DRUG AND ALCOHOL TESTING
Section 11.1. The City and the Union recognize that employee substance and alcohol abuse has an
adverse impact on City government, the image of City employees, the general health, welfare and
safety of employees, and to the general public at large. Therefore, it is in the best interest of the
parties to negotiate over the subject of drug and alcohol testing, and reasonable suspicion testing.
a) All employees are subject to random,unannounced testing for use of substances as set forth
below. The use of legal controlled substances is permitted only when prescribed to the
employee by a licensed health care provider and is properly used by the employee.
b) Upon reasonable suspicion by a division director,or higher,that an employee has used a drug
as defined in Florida Statutes Section 440.102(1)(c), as that section may be amended or
renumbered, and as listed herein; or has used alcohol in violation of any rule, order, policy,
procedure, or law; or has used a legal controlled substance to the extent that his or her job
performance is affected,shall be directed and required to submit to drug and alcohol testing.
Any employee who has been in a vehicle crash with injuries and any employee returning to
work after an absence of three months or more shall be required to submit to drug and alcohol
testing prior to returning to duty.
c) All reasonable suspicion and post accident tests must be coordinated through the Assistant
Human Resources Director for Labor and Employee Relations who is available 24/7 for this
specific function. In his or her absence, the Risk Manager is the next person to contact. If
both are unavailable, the Human Resources Director will assume responsibility for
coordinating efforts.
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d) Testing is subject to the following conditions:
1. An accredited,State licensed clinical testing laboratory will be selected by the City.A
split specimen will be taken. If the results are positive,and the employee challenges
the results, the second portion of the split specimen will be tested at another
accredited, State licensed clinical laboratory of the employee's choice and at the
employee's expense.One portion will be tested by each laboratory.All positive tests
for illegal or controlled substances shall be confirmed by Gas Chromatography Mass
Spectrometry(GC/MS)or equivalent testing method.
2. Testing for alcohol shall be by breath-testing unless the employee is or claims to be
unable to provide an adequate sample.In such a case,a blood test will be performed.
If the employee's breath test is positive,a confirmation blood test will be performed.
3. A breath alcohol level of 0.04 or higher and its equivalent blood test outcome shall
constitute a positive result. Below are some of the substances tested for. The list is
not all-inclusive and may be changed at any time by the City.
4. In all cases,the employee shall fully cooperate with testing, including executing any
release or authorization necessary for tests or disclosures and including providing
multiple specimens if needed.
Drug Initial Test Level GC/MS Confirmation
Test Level
Amphetamine 1000 ng/ml 500 ng/ml
Barbiturates 300 ng/ml 150 ng/ml
Benzodiazepines 300 ng/ml ,150 ng/ml
Cocaine metabolites 300 ng/ml 150 ng/ml
Hallucinogens of any kind Hallucinogens of Hallucinogens of any
any kind kind
Marijuana metabolites 50 ng/ml 15 ng/ml
Methadone 300 ng/ml 150 ng/ml
Methaqualone 300 ng/ml 150 ng/ml
Methylenedioxyamphetamine 500 ng/ml 250 ng/ml
(MDA)Analogues
Opiates 2000 ng/ml 2000 ng/ml
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Drug Initial Test Level GC/MS Confirmation
Test Level
Phencyclidine 25 ng/ml 25 ng/ml
Propoxyphene 300 ng/ml 150 ng/ml
5. Any positive test or any refusal to submit to testing or to cooperate with testing,(which
includes adulterating a specimen or submitting a false specimen)including executing
releases or authorizations and providing multiple specimens if needed,is grounds for
immediate termination of employment.
e) This Article supersedes any agreement, memorandum of understanding, rule, procedure,or
order to the extent of any conflict therewith.
f) Employees who have a CDL license and are in the CDL random drug testing pool will not be
part of the AFSCME drug testing pool.
Last Chance Agreement.
Employees testing positive may be offered the opportunity to enter into a"Last Chance Agreement"to
continue their employment. Offering an employee a Last Chance Agreement in no way precludes the
City from taking concurrent disciplinary action. The Agreement shall require participation in a
rehabilitation program, unannounced follow-up testing for a period of two (2) years and such other
requirements as set forth by the City. The City reserves the right to terminate an employee without
providing him/her with a Last Chance Agreement. Employees under a Last Chance Agreement who
test positive shall be terminated from employment with the City and this is not grievable under the
grievance procedure. Employees may be given no more than one (1) chance for substance abuse
rehabilitation during employment with the City.
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•
ARTICLE 12
EXPECTATIONS
not-limited to absenteeism, tardiness,-AWOL, and failure to clock in/oiuf Further
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ARTICLE 4412
TEMPORARY VEHICLE ASSIGNMENT
The City shall provide temporary vehicle assignments for Union business related travel within the
City of Miami Beach at the City's sole discretion and provided a vehicle is available.
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ARTICLE 4413
SAVINGS
In the event any article,section,or portion of this Contract should be held invalid and unenforceable by
any court or higher authority of competent jurisdiction, such decision shall apply only to the specific
article, section, or portion thereof specified in the decision, and upon issuance of such decision, the
City and the Union agree to immediately negotiate a substitute for the invalidated article, section, or
portion thereof.
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ARTICLE14
ENTIRE CONTRACT
The parties acknowledge that during the negotiations which resulted in this Contract, each had the
right and opportunity to make demands and proposals with respect to any subject or matter not
removed by law from the area of collective bargaining,and that the understandings and agreements
arrived at by the parties after the exercise of that right and opportunity are set forth in this Contract.
Therefore,the City and the Union,for the duration of this Contract,each voluntarily and unqualifiedly
waives the right, and each agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter referred to,or covered or not referred to or covered in this Contract.
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ARTICLE 4615
TERM OF CONTRACT
This Contract shall be effective as of date of ratification, and shall remain in full force and effect
through the 30th day of April, 202-22025.
It shall automatically be renewed from year to year thereafter unless either party shall notify the other in
writing one hundred twenty (120) days prior to the anniversary date that it desires to modify this
Contract.
Any such notification of a desire to open negotiations shall include specific articles proposed for
renegotiations, and only such articles shall be mandatorily negotiated.
This Contract shall remain in full force and effect during the period of negotiations, unless either party
gives the other party at least ten (10)days written notice of its desire to terminate this Contract.
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Executed by the parties hereto on the day of 201 92022, by the Mayor
and City Clerk.
AMERICAN FEDERATION OF STATE, CITY OF MIAMI BEACH, FLORIDA
COUNTY AND MUNICIPAL EMPLOYEES,
LOCAL 1554(AFSCME)
By: By:
SteGy-Weiel-EscF.Madelin Gonzalez
AFSCME Florida Council 79,
Regional Director Jimmy-L—MecalesAlina Hudak
City Manager
By:
Garles-George Delroy Ireland
AFSCME, Local 1554 President
By:
geptcae-WaltheufMario Roberts
AFSCME, Local 1554 Vice President
By:
Joseph Simmons
AFSCME, Local 1554 Treasurer
By:
BreweEvette Phillips
AFSCME, Local 1554 Secretary
Approved by Vote of the City Commission
1 ,204 82022.
Dan Gelber
Mayor
Attest:
Rafael E. Granado
City Clerk
At UMt 5s
Page 1009 of 1700
AMERICAN FEDERATION OF STATE, COUNTY&MUNICIPAL EMPLOYEES
AFSCME LOCAL 1554
ELECTION OF REMEDY FORM
Grievance No.(if applicable)
This form must be completed and signed prior to the second step of the grievance procedure,or at the
time when appeal to the Hearing Examiner is filed.
Employee must elect, sign,and date only one of the two following choices:
1. I/We elect to utilize the Grievance Procedure contained in the current
Contract between the City of Miami Beach, Florida, and AFSCME
Local 1554.Except as provided in number two(#2)below the Union
has the exclusive right to represent all employees and to control the
submission of grievances to arbitration.
Signature Date
2. I/We elect to utilize another forum for my/our grievance,and in doing
so,I/we permanently waive my/our contractual right to the Grievance
Procedure contained in the current Labor Contract between the City
of Miami Beach, Florida, and AFSCME Local 1554.
Signature Date
If Number 1 is elected,sign if you wish to authorize the following:
I/We hereby authorize AFSCME Local 1554 to process the attached
grievance
on my/our behalf.
Signature Date
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Addendum: Hearing Examiner Rules
HEARING EXAMINER RULES
SECTION 1: REQUEST FOR HEARING: Any member of the bargaining unit may appeal from
disciplinary action within ten(10)days after the delivery or mailing to him/her of such
written notice, by filing a written request for a hearing with the Hearing Examiner to
the City Manager's designee for Labor Relations. If the tenth day falls on a Saturday
or Sunday, he/she will have the ability to file for an appeal on the following Monday.
SECTION 2: DISCIPLINARY HEARINGS:
(a) The City Manager's designee for Labor Relations not later than ten(10)days
after receipt of such appeal, shall fix a place and time for holding a public
hearing within a reasonable time thereafter. Written notice of such time and
place shall be delivered or mailed promptly to both the Appellant and the
Appointing Officer.
Only the Hearing Examiner may grant a continuance to either party for good
and sufficient cause. No continuance shall be granted to either party unless
such request for continuance is received in writing by the City Manager's
designee for Labor Relations at least ten(10)days prior to the date of said
scheduled hearing of appeal.
(b) The Hearing Examiner may, at the request of the Appointing Officer or the
Appellant, call or request any person or records for the purpose of
ascertaining the facts.
(c) The Appointing Officer or a representative designated by him/her,shall have
the right to be present at such hearing and to be represented by the City
Attorney.
(d) The Appellant shall have the right to be present at such hearing and to be
represented by an AFSCME bargaining agent or an attorney of his/her
choice.
(e) The findings of the Hearing Examiner shall be based upon competent
substantial evidence of record.
(f) The Appointing Officer shall have the burden of presenting evidence to
support the truth of the charges as contained in the written notice.
(g) The Appellant shall have the right to present evidence to refute the charges
brought against him/her.
(h) The Appellant shall have the right to be confronted by his/her accuser, and
the Appellant and the Appointing Officer shall each have the right to cross-
examine the witnesses of the other.
(I) After both the Appointing Officer and the Appellant shall have presented their
testimony and evidence, the Hearing Examiner shall receive argument in
summation. The Appointing Officer shall have both the opening and closing
argument.
(j) After the completion of closing oral argument, the Hearing Examiner shall
consider the testimony and evidence presented before the Hearing Examiner
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to determine the truth or untruth of the charges.
(k) Within five(5)working days after the completion of the hearing,the Hearing
Examiner shall issue his or her findings as to the truth or untruth of the
charges in writing. The City Manager's designee for Labor Relations shall
promptly deliver or mail a copy of such findings to the Appointing Officer and
to the Appellant.
(I) A copy of the written statement given the officer or employee, a copy of any
reply thereto, and a copy of the findings of the Hearing Examiner shall be
filed as a Public Record in the Human Resources Department.
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EXHIBIT#1 A
City of Miami Beach
AFSCME Compensation and Classification Plan
Effective First Pay Period Ending April of 2019(Includes 1%COLA)
Minimum Maximum
Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual
r.
04 $14.2067 $1,136.54 $29,549.92 $23.2385 $1,859.08 $48,335.99
• 05 $14.9259 $1,194.07 $31,045.90 $24.4149 $1,953.19 $50,783.00
• 06 $15.6815 $1,254.52 $32,617.60 $25.6509 $2,052.07 $53,353.89
• 07 $16.4754 $1,318.03 $34,268.87 $26.9495 $2,155.96 $56,054.93
r. 08 $17.3095 $1,384.76 $36,003.72 $28.3138 $2,265.10 $58,892.71
• 09 $18.1858 $1,454.86 $37,826.41 $29.7472 $2,379.78 $61,874.16
• 10 $19.1064 $1,528.51 $39,741.37 $31.2531 $2,500.25 $65,006.54
• 11 $20.0737 $1,605.90 $41,753.28 $32.8353 $2,626.83 $68,297.49
• 12 $21.0946 $1,687.57 $43,876.78 $34.4976 $2,759.81 $71,755.05
• 13 $22.1576 $1,772.61 $46,087.80 $36.2441 $2,899.53 $75,387.65
• 14 $23.2793 $1,862.35 $48,421.00 $38.0789 $3,046.31 $79,204.15
• 15 $24.4578 $1,956.63 $50,872.32 • $40.0067 $3,200.53 $83,213.87
AFSCME 57
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EXHIBIT#1 B
City of Miami Beach
AFSCME Compensation and Classification Plan
Effective First Pay Period Ending July of 2020 (Includes 1%COLA1
Minimum Maximum
Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual
• 04 $14.3488 $1,147.90 $29,845.42 $23.4708 $1,877.67 $48,819.35
• 05 $15.0752 $1,206.01 $31,356.35 $24.6591 $1,972.72 $51,290.83
• 06 $15.8384 $1,267.07 $32,943.77 $25.9074 $2,072.59 $53,887.43
• 07 $16.6402 $1,331.21 $34,611.55 $27.2190 $2,177.52 $56,615.48
08 $17.4826 $1,398.61 $36,363.76 $28.5969 $2,287.76 $59,481.63
• 09 $18.3676 $1,469.41 $38,204.67 $30.0447 $2,403.57 $62,492.90
• 10 $19.2975 $1,543.80 $40,138.78 $31.5657 $2,525.25 $65,656.60
• 11 $20.2744 $1,621.95 $42,170.81 $33.1637 $2,653.09 $68,980.47
• 12 $21.3056 $1,704.44 $44,315.55 $34.8426 $2,787.41 $72,472.60
• 13 $22.3792 $1,790.33 $46,548.68 $36.6065 $2,928.52 $76,141.53
• 14 $23.5121 $1,880.97 $48,905.21 $38.4597 $3,076.78 $79,996.19
• 15 $24.7024 $1,976.19 $51,381.04 $40.4067 $3,232.54 $84,046.01
AFSCME 58
Page 1014 of 1700
EXHIBIT#1 C
City of Miami Beach
AFSCME Compensation and Classification Plan
Effective First Pay Period Ending July of 2021 (Includes 1%COLA)
Minimum Maximum
Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual
• 04 $14.4922 $1,159.38 $30,143.88 $23.7056 $1,896.44 $ 49,307.55
• 05 $15.2259 $1,218.07 $31,669.92 $24.9056 $1,992.45 $ 51,803.74
• 06 $15.9967 $1,279.74 $33,273.21 $26.1665 $2,093.32 $ 54,426.30
• 07 $16.8066 $1,344.53 $34,957.67 $27.4912 $2,199.29 $ 57,181.63
• 08 $17.6574 $1,412.59 $36,727.40 $28.8829 $2,310.63 $ 60,076.45
• 09 $18.5513 $1,484.10 $38,586.72 $30.3451 $2,427.61 $ 63,117.83
• 10 $19.4905 $1,559.24 $40,540.17 $31.8813 $2,550.51 $ 66,313.17
• 11 $20.4772 $1,638.17 $42,592.52 $33.4953 $2,679.63 $ 69,670.27
• 12 $21.5186 $1,721.49 $44,758.71 $35.1910 $2,815.28 $ 73,197.32
• 13 $22.6030 $1,808.24 $47,014.17 $36.9726 $2,957.81 $ 76,902.94
▪ 14 $23.7472 $1,899.78 $49,394.26 $38.8443 $3,107.54 $ 80,796.15
• 15 $24.9494 $1,995.96 $51,894.85 $40.8108 $3,264.86 $ 84,886.47
*with the possibility of a 2%if the City's General Revenues increase by 11%or more in June of
2020.
AFSCME 59
Page 1015 of 1700
Exhibit"B"
SUMMARY OF PENSION HEALTH AND FRINGE BENEFITS
Section 504 of the City's Charter requires that,following a duly noticed public hearing,within six
(6) months of ratification of collective bargaining agreements with the respective labor unions,
the City Commission shall consider a written report presented by the City Manager or his or her
designee, detailing the status and related fiscal impacts of fringe benefits, including pension and
health insurance plans.
GENERAL EMPLOYEES' HEALTH INSURANCE PLANS
The City continues to offer a comprehensive and cost-effective benefits program to its full-time
general employees and retirees through a self-funded health plan administered by CIGNA. The
City's self-funded plan currently covers approximately 2,800 employees, retirees, and
dependents.
For the fiscal year beginning October 1, 2020, the City continued to offer employees a choice of
3 plans.The plans include one HMO, a traditional PPO and a High Deductible Health Plan (HDHP)
with a Health Savings Account. The dental plan is a PPO (employees also have a fully insured
DHMO option). No changes were made to the plan designs for the year beginning October 1,
2020. Employees and retirees pay premium amounts that vary by plan and dependent tier.
Florida Statute 112.08 requires self-funded plans sponsored by local governments to submit an
annual filing to the Florida Office of Insurance Regulation ("OIR") documenting plan experience
and financial position. The filing must include an actuarial memorandum signed by a certified
actuary that attests to the actuarial soundness of the plan. For the 12-month period of October
1, 2019 through September 30, 2020, the City's actuary concluded that the City's.self-funded
health plan is actuarially sound.
For the 2019/20 year, the City's plan had a gain of $3.1 million. The resulting surplus as of
September 30, 2020 was $15.4 million. This equates to 224 days of projected claims, which
comfortably exceeds the OIR safe harbor of 60 days.
FOP AND IAFF HEALTH TRUSTS
The City contributes monthly to the FOP and IAFF Health Trust Funds based on an agreed amount
and according to terms that are collectively bargained. Future annual increases to the City's
monthly contributions will be made based upon the latest Annual Segal Health Plan Cost Trend
Survey. The increases shall be effective January 1 of each year during the contract period. In no
event shall the City monthly contributions be less than the prior year, even if the trend rate is
negative. Increases to the FOP and IAFF Health Trusts over the past three years have been 7.1%
in 2019, 6.8%in 2020, and 7.7% in 2021.
Page 1016 of 1700
Audited financial disclosure reports are to be presented from the Trust to the City no later than
March 15t of each year.
Group Medical Plan Data as of October 1,2021:
Plan Member Count City's Contribution City's%of Total
Premium
General
Employees 1159 $13,416,931 76.6%
Retirees 440 $3,512,649 54.2%
FOP Health Trust
Employees 392 $6,988,282 81.7%
Retirees 322 $5,851,474 83.8%
IAFF Health Trust
Employees 209 $4,016,298 89.6%
Retirees 219 $4,300,580 92.1%
Ancillary Benefits
Additional ancillary benefits subsidized by the City:
• Dental Insurance (City subsidizes at approximately 50% of the premium cost for single
coverage)
- Cigna DHMO Plan
- Cigna PPO Plan
• EyeMed Vision Plan (included in health insurance premium)
• Life Insurance -the City subsidized 100 percent of the premium for coverage equal to
one-year's salary of each employee
• Accidental Death and Dismemberment-the City bears the full cost of the premium,the
maximum benefit if$20,000
2
Page 1017 of 1700
OTHER FRINGE BENEFITS
• Earned leave(sick,vacation,compensatory)differences in accruals
SICK AND VACATION LEAVE ACCRUALS
Sick Leave Vacation Leave Accruals
Accruals
Constant 0-9.99 10-19.99 20+
years years years
Annual Annual Annual Annual
FOP 96 96 136 176
IAFF shift 144 144 204 264
IAFF non-shift 96 96 136 176
All Others 96 96 136 176
• Leave payouts upon separation
MAXIMUM FINAL LEAVE PAYOUT
Equivalent
Vacation number of
Sick hours paid out hours hours paid
paid out out at 100%
of value
Maximum of 75%
FOP of sick leave hours, Maximum
up to a maximum of 620 1,240
of 620
Half of sick leave
All Others hours, up to a 620
maximum of 600 1,220
IAFF Non-
Combinationof both *s 820
IAFF Shift Combination of both * 1,230
* All sick and vacation hours for IAFF employees paid out at
100%of value up to the allowed maximum
3
Page 1018 of 1700
• Sick Leave Sellback(IAFF&FOP)
> Employees covered by the IAFF and FOP agreements are eligible to sell back (at
100%of value)sick leave, minus any sick or emergency vacation time used. Family
and Medical Leave Act (FMLA) shall not reduce the sick leave sell back.
> FOP employees may sell back the number of hours accrued, up to a maximum of
136 hours.
> IAFF Employees with less than fifteen (15) years of service may sell up to ninety-
six (96) hours or 144 hours for 24-hour shift employees. Employees with fifteen
(15) years of service or more may sell up to 136 hours or 204 hours for 24-hour
shift employees.
• Holidays(13 legal holidays;4 floating holidays)
• Injury Service Connected (ISC)supplemental leave pay
> Differences in duration
- 16 weeks (general employees)
- 32 weeks (IAFF &FOP)
• Bereavement Leave with pay
o Unclassified/Others-2 days
o CWA—4 days
o FOP—4 days,with 2 additional days of own time
o IAFF-4 days,with 1 additional week of own time
• Jury Duty Leave with pay
• Union Leave with pay(varies for each bargaining group)
• Tuition Reimbursement
The City's Tuition Assistance Program was revised in 2015 per Resolution 2015-28891 to
provide an updated benefit to eligible employees voluntarily participating in training or
educational programs from accredited institutions of higher learning designed to improve
their effectiveness which directly benefits City operations; provide professional
development; and help prepare employees for other opportunities within the City's service.
4
Page 1019 of 1700
Voluntary Benefits(no City subsidy':
• Pet Insurance
• Disability Insurance (Short-term and Long-term)
• Supplemental Life
• Preferred Legal Plan
• LifeLock(Identity Theft)
• 457 (b) Retirement Accounts
• Roth IRA
• Colonial Life Products
o Accident Insurance
o Whole Life Insurance
o Cancer Insurance
o Critical Illness Insurance
o Hospital Confinement Insurance
Non-payroll related benefits:
• Take-home vehicles (primarily Police)
• Work uniforms and shoes
• Employee Assistance Program (EAP)
• Free parking in City facilities
• Free gym use (IAFF and FOP)
Emergency COVID Leave:
As of January 2022,the City approved emergency COVID leave for employees who were
positive with COVID or close contacts to a positive person at an approximate value of$3
million. On September 1, 2022 this benefit ceased.
5
Page 1020 of 1700
PENSION PLANS
There are two plans, and they are in good shape, according to annual Valuation reports. They
each are governed by a Board and Executive Director. The soundness of the plans is ensured
through good governance, careful investment policy, and long-term pension reform and
associated plan changes based on the City Commission adopted resolution 2013-28290 accepting
the recommendations of the Finance and Citywide Projects Committee ("Committee")to adopt
the Budget Advisory Committee ("BAC") proposed policies and guidelines to ensure long-term
pension reform. The policies and guidelines address four perspectives: (1) Affordability and
Sustainability, (2) Appropriate Benefits to Employees, (3) Recruitment and Retention, and (4)
Management of Risk/Risk Sharing.
Each Plan has an actuary valuation report prepared annually by Gabriel, Roeder, Smith &
Company to (GRS) to measure the Plan's funding progress, to determine the employer's
contribution rate for the fiscal year ending, and to determine the actuarial information for
Governmental Accounting Standards Board (GASB) No. 67.
Fire& Police-as of 10/1/2021:
Active Members 488
Terminated Vested (including dormants) 21
Receiving Benefits (including DROPs) 808
Miami Beach Employees Retirement Plan("MBERP")-as of 10/1/2021:
Active Members 1185
Drop Members 101
Retirees& Beneficiaries 1099
Disability Members 25
Terminated Vested Members 110
Current CMB Defined Contribution Retirement Accounts:
-401(a) [legacy retirement account]
- Firefighters' Pension Relief Fund ("175 share plan")*
- Police Officers' Pension Relief Fund ("185 share plan")*
*This is funded by rebate of excise tax on property and casualty insurance premiums.These funds
must be used exclusively for firefighter and police pensions.
Note:A limited number of employees(management team)also have 457(b) deferred retirement
accounts in which an amount is funded by the City.
6
Page 1021 of 1700
MBERP(Unclassified and Others) Pension Summary of Benefits:
Tier A
• 401a Retirement Plan
• Eligible retirement age 50
• 3% multiplier for first 15 years; 4% multiplier for each year in excess of 15 years
• Maximum benefit is 90%of Final Average Monthly Earnings(FAME)
• Hire effective date prior to 10/18/1992
• There are no active employees remaining in this group
Tier B
• Employment effective date 10/18/1992 (with pension and retiree health contribution
reform effective 3/18/2006—Ordinance 2006-3504 and 3505)
• Eligible retirement age 55 with 5-year vesting criteria
• 3% multiplier; Maximum of 80%of FAME
• Health benefits for retirees hired before 3/18/2006 determined each year as part of the
budget process, currently approximately 50%of premium
• Health benefits for retirees hired on or after 3/18/2006 is a stipend of $10 for each
creditable year of service, up to maximum of$250 a month for under age 65; $5 for each
creditable year of service, up to maximum of$125 a month for 65 and older
Tier C
• Employment effective date 9/30/2010
• Eligible retirement age 62 with 5-year vesting criteria
• 2.5% multiplier; Maximum of 80%of FAME
• Health benefits for retirees hired before 3/18/2006 determined each year as part of the
budget process, currently approximately 50%of premium
• Health benefits for retirees hired on or after 3/18/2006 is a stipend of $10 for each
creditable year of service, up to maximum of$250 a month for under age 65; $5 for each
creditable year of service, up to maximum of$125 a month for 65 and older
7
Page 1022 of 1700
FIRE Pension Summary of Benefits:
Hired before July 14,2010:
• Multiplier 3%for first 20 years of creditable service,then 4%-
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 47 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• Three(3) highest or last paid_years of creditable services for FAME
• 2.5%COLA
• Maximum benefit of 85%of pensionable income(except those who attained an 85%benefit as of
September 30,2013,retain a maximum benefit of 90%of pensionable income)
• Vested after 5 years of creditable service
• 10%employee pension contribution
Hired on or after July 14,2010,but prior to September 30,2013,everything in the previous tier except:
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 48 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• 1.5%COLA
• Maximum pension benefit is 85%of pensionable income
• Employees who become retirees as of July 14, 2010 receive same contribution towards health
insurance as active employees
• Employees hired after July 14, 2010, shall receive a monthly stipend of$29.77 for each year of
service,subject to annual CPI increase
Hired on or after September 30,2013,but prior to June 8,2016,everything in the previous tier except:
• Five(5) highest or last paid years of creditable services for FAME
• 10.5%employee pension contribution
Hired after June 8,2016,but prior to May 8,2019,everything in the previous tier except:
• Normal retirement age shall be 52; however, under the"Rule of 70" retirement,a member must
attain a minimum age of 48 or reach the 85%of benefit cap regardless of age
Hired after May 8,2019,everything in the previous tier except:
• Vested after 10 years of creditable service
• Shall not receive credit for prior creditable time in Miami Beach General Employee Pension Plan
Deferred Retirement Option Plan(DROP)
• 8-year(96 months) DROP available
PEHP(Post Employee Health Plan):
• FIRE members contribute$50 bi-weekly
• Upon separation or DROP,employees contribute 10%of total accrued leave to PEHP
8
Page 1023 of 1700
POLICE Pension Summary of Benefits:
Hired before July 14,2010:
• Multiplier 3%for first 20 years of creditable service,then 4%
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 47 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• Three(3) highest or last paid years of creditable services for FAME
• 2.5%COLA
• Maximum pension benefit is 85%of pensionable income
• Vested after 5 years of creditable service
• 10%employee pension contribution
Hired on or after July 14,2010,but prior to September 30,2013,everything in the previous tier except:
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 48 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• 1.5%COLA
• Employees who become retirees as of July 14, 2010 receive same contribution towards health
insurance as active employees
• Employees hired after July 14, 2010, shall receive a monthly stipend of$29.77 for each year of
service,subject to annual CPI increase
Hired on or after September 30,2013, but prior to July 20,2016,everything in the previous tier except:
• Five(5) highest or last paid years of creditable services for FAME
• 10.5%employee pension contribution
Hired on or after July 20,2016,but prior to July 31,2019,everything in the previous tier except:
• Normal retirement date shall be 52; however, under "Rule of 70" retirement, a member must
attain a minimum age of 48 or reach 85%of benefit cap regardless of age
Hired after July 31,2019,everything in the previous tier except:
• Vested after 10 years of creditable service
• Shall not receive credit for prior creditable time in Miami Beach General Employee Pension Plan
Deferred Retirement Option Plan(DROP)
• 8-year(96 months) DROP available
PEHP(Post Employee Health Plan):
• FOP members contribute$25 bi-weekly
• Upon separation or DROP,employees contribute 10%of total accrued leave to PEHP
9
Page 1024 of 1700
SUNooY Mppl.M14107t NEI6h8015 ,7NF
CITY OF SUNNY ISLES BEACH`1 NOTICE OF ZONING HEARING CITY OF MIAMI BEACH
`a^' NOTICE OF PUBLIC HEARINGS
NOTICE IS HERESY GIVEN that a public heanng will be held by Inc City Commission of SEPTEMBER 14,2022 HYBRID CITY COMMISSION MEETING
the City of Sunny Isles Beach,Florida,in the David P.Samson Commission ChambWg, on...mew M,202;Me Ceti or Mom beee.nwlnntle Habrdeomnr..sn Meee p.OWnp P,e Hrsna
Sunny toles Beach Government Center,18070 Collins Avenue,Sunny Isles Beach. canna.on WV..Me Gar Caagn.Von.e se°Ms.,*pasha+I n Ina cam,nc•en Cnmbw,Mnm Bann
Florida on THURSDAY.SEPTEMBER 15 2022 Al'6:30 P M..to consider the following Cae oil.ImOo cam.nncn Center Come Le rooh oleo Beam.FL}o130 Ter Dubin n.Keurapaa iv an•e
Zoning application ^eeenp aglvaiN to parpe babel Hemet..mbees DI Inc prae era.en'o one.in.me.wp.r
App6eation: The Mansions at Acquatina Balcony Enclosure for vrw•nerve Mean.a wean Hay M re Comma..enamor.
Unit 3901-02-Len A Haussler("Applicant') To parbomele or words comment wNM0 dump Ire nybd Comn.•.on Meeceg Iw pubs mar w,.
Inc
Lade..: f7749 Collins Avenue UOM1 J901-02 canna.al r_mys.ae rnm.auumwvelaa2eDilL or en weyor.M r 30e nS asv w 51 e•
1 ! •)5•el Joe-Flees Meta..Mee !O 576 it•Member•elsheoars.eannp M smash wnu.:N an an
•'amid
Public Hearing I: P22022-08 I will ad Ins amino m„p e:eM P'raise•raise nerd'can d using Me lean eop es ore.•9 en Me!Mechem
Summary:The Applicant has submitted applications for a Site Plan Madiheation 1 r u „nod
and Transfer DevelOpment Rights!TDRs)for the Mansions al Acguaina:ocated at s WTICE I.NEa1.oe0EN nor tin biawip Pues rlaumq..al ne ague s re terra arc coy
17749 Collins Avenue.The Site Plan Modification is requestingto increase Ma Floor �wna•1D"^s°!ze Ceti e!u,.m aeon,Imo.on s.pMMe.r q.aw},N rM shin•Bud 01 n.inn
Iter Mr on ware
Area Ratio(FAR)of Una 3901.02 by 824 square feet of FAR,through the City's TOAa $�Y..L erlc tluma '
program.by enclosing a section of the und's balcony.'he Site Plan Modification will A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.sLONI0A
increase the approved overall square footage of FAR for the Mansions at Acqualina FOLLOWING A DULY NOTICED PUBLIC HEARING aURSUANT TO SECTION S On OF THE CITY CHARTER AND
Oroject from 433.875 square feel of FAR to 434.699 square feet of FAR.Further,the F0ESENTA"OW OF A PRECOLLEC7:VE BARGAINING ANALYSIS Or FRINGE BENEFITS,RATimeING A toot;
Applicant is requesting approval for the purchase and assignment of TDRs re the amount 'DI TEAR LABOR AGREEMENTBE;wEEr TPACHr 01 MIAMI BEACH AND tot AMlaIOAN yc000AnON
of B24 square feet oI FAR and 0 dwelling units from the City's public TOR bank account. Of SLAT F.COUNTY ANO MUN.CIPio EMPLOYEES i'AFSLYE-r.LOCAL N0.135.FOP OOi PtR100 FROM
Y r.REE SENT Ma APRIL to}es ANO pow.
e S eton 5 AND CITY.,501.4 TO 0 Secle.
Requests: Tot AGREEMENT tan RagoNaan.o•ry warp sv.uaw re Brawn!0•or no Cry Chesser•a Snaon
1 Pursuant to Section§285-18 and§265-35 of the City of Sunny Isles Beach Ieswl Fyne.Swore.Prwmes maybe ar.clodlo me Konen neaourc•aooearmerv.r 3000nan12e
Land Development Regulations, the Applicant Is requesting a Site Plan got Sin P..SetSasgas
Modificetron to an approved site plan for an increase in Poor Area Ratio(FAR) A 0ESO1.r,0N OF THE MAYOR AND L:Tr COMWSSION OF nag CITY Of team BEACH.FLORIDA,
from 433E75 square feet of FAR to 434,699 square feet of FAR The increase FOliOwyt A DULY NOTICED P000C HEARING PURSUaNt TO SECTION sea OF THE CITY CHARTER
of 824 square fen will only affect dwelling Unit 3901.02,mcreaslnp Inc overall I AND•RESENTATIC Of A PRECOLLECTn/E BARGAINING ANALY91$OF FRINGE BENEFITS MTIMNG
IwRCe-,o,,Eor UB09 AGREEMENT 10',, D ci,I CRY OF rye PERIOD
100 THE lOgco.t,2001
FAR of Unit 3901-02 horn 9,218 square feet to 10,042 square feet of FAR. ASSOCwDON OF FIRE FIGHTERS:`air!.IOCM.Is,0 aOR THE PERIOD FROM OCTOBER S.2021
2. Pursuant to Seotron§265-23 of the City Of Sunnylsles Beach Land Development -NPOUGH SEeTEMB ER 20.202•.inn AUTHORi}w0 TM MAYOR arm CITY*WOOER TO EXECUTE TnE
Regulations,the Applicant Is requesting approval for Me pueCrras. one' acessuere tint Po.tMwn Is beep Mani pwruam 0 Swann nodal Pa Cep Leader see Serene Re Oar
assignment of TDRs in the amount of 824 Squat feet of FAR and 0 dwelling, rio'd•twins Mpw.amyweaxiMrome nvmmi Ruone.0.000.e•rra2aSP2 r504
units from the City's public TDR bank account 122 am.avle.6oalma
A RESOLL••:ON Of THE MAYOR AND CIT COMM'SSroN OF THE CITY OF VIAMI BEACH,FLOADA.
The plans reviewed are on file,and may be examined,in the Cary aeries Office and are FOLLOWING A Duly nOT.CE0 eUBL:C HEARING...Ann TO SECTION 5 D•OF THE CITY[..RTERANC
entitled'Interior Remodeling to HauoslenResidence•,prepared by MS Architects,Inc. PRESENTATION OF A eRECOLLECTWE BARGMNIeto ANALYSIS OF FRINGE BENEFITS.RATIFYING A IHREE
stamped received August 5,2022,consisting of 1 sheet mans are subject to revisions ill YEAR.000 AGREEMENT BETWEEN THE CRY OF awe BEACH AND THE FRATERNAL ORDER OF
based On Comments provided by coning oralS of m!City of Sunny Isles Beach.Plans are bOLI`E•"Op"1,M-WM NoerOLS LODGE ND a FOR THE 0ER000 Mks corgi:ma•,2021 THROUGH
Subject to OMMent ion. SEaTEMBER osa202.AUMDa12aNG THE MAYOR.CRY MANAGER,AHD POLICE CHIEF TO EXECUTE THE
ration AOREEMEMI rho R.Faanon n wino Maro Duava,v b Secab,S Oa W Me CAr Gnawer ane Becton
Legal:17749 COLLINS AVENUE CONDO UNIT 3901 UNDIV 1162791%:NT IN COMMON reaper ruM.Sl•aag.ww.a Sep,wxwe rorw Haman Oe.wdns Orpwawa1W saner,rain
ELEMENTS OFF REG 29719-2548;17749 COLLINS AVENUE CONDO UNIT 3902 UNDIV iottofs)ED PARTIES Arc•nr.e0 a Mao Dan or III mean,or O.'op...ont].y an.OM.',For od.•E
(162791%1N7 IN COMMON ELEMENTS OFF REC 2 971 9-2 5 48 ra,worn women comae.by senate).
en•rr le.0 .mataliM ilat c Sao Mearon
ie Gy ConHw Was n %Amass...N M.Ap.ra&We mambas meal al saMee.N,ees n mo
[m..'••eomso
Size of Property:2.275 acres(99,098 sq fit Sloe of Unit:9.218 so ft A .w . yer Ina Ma are Cun'r H and .e 1.na a w be mei. .s a pinn w ne magi,rxoro
Zone:Subject Parcel:NWI(ahead-Use Resort) . r-pa.Z Carle.ar Robins own.ar
e e masses.Ice Din ma acron Mw w.PaMn Qanien emlane sewer
rpmettaminna•nsiv
oay T femme. De.pr anti rein an mar n...0.swag;MO six,.
All persons are invited to aooear at this meeting or be represented by aP agent.or to Prc a ra...mm.4Ni'e5P,ice area note1 eroded
DIM.s their views in writing addreased to the City Clerk,City of Sunny Isles Beach. Pmasen1 In Seel.,Memos Fie.Slat no Gay nerenr,.eases Inc ware MM d.person 000Mea in
118070 Collins Avenue.Sunny Isles Beach,Florida 33160 or by sending an email to .•!on derma m.rr or rag car crewissin carcw,ap Mi}miner co,w.ae al u•neerp or 10
PubllcCommenls:asiOhnet All comments and gUeStlon5 owl be read into the record al Me •r•'p Orr wren mull emu•.Iwl•agroshm awnof Iw orocaaewpa.•maer,00 S ncwe ricliCr.
� fro wudion opal ancn el.wee.ro w ba•.e r grommet
r mmensI. 4o,wnl ba
meeting.All comments and quea5ans noel be received pre to top commencement el are owe,.mhaexncn or ae.waon el ael•r.es inaeir�aalaM mwnM widens*.for Samsh adewn.a
the meeting Maps and other data pertaining to these acDbcatoons are available br p.ibirc :sowers or.pw.is nor paw.....}wind be nn
InsDecton during normal business hours in City HMI.The hearing on these masters may To Ifwagl Mh rise,ar in an.F.rwlo yrr,l inn...men aerwe.•;?wasp nonce aa.meel.
be continued at this meeting and under such circumstances,additional legal notice would niorreayn en sews la persons.a.41.11A,.•,anon.a,.e0aamwea en ic r...r.err Iye:ewrt or
nor be provided.If a person decides to appeal any derision made by the City Commission pwncroae in amp Gilmer/wane ex/amiss.ES SOS 6w dots ate ueq•Ior Eno.or 2 b Swnan.
with respect to any matter considered at such meeting,they wit need a record of the wr 0ebene•tiv,swama11os emir iry,e•R•iar Serve*S
proceedings and,for Such purpose.may need to ensure that a verbatim meant of the )M Cis Lomrsaaae MSMnq nil be OM...Inc en M.m Bawl TV IVBIVI.eee.Dk on the Otis
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• Page 1027 of 1700
Agenda Item R7 Ps
Date 9- lV ZZ
From: afscmeoresident1554
To: Alpizar.Marla
Cc: Madelin Gonzalez;Patricia;Plies357Calgmail.com;Mariorobertslnaol.com;malcomcobb(@yahoo.com;
AFSCME1554Secretaryftutlook.com;antwantrr(agmail.com;whutdevdo(alvahoo.com
Subject: Count
Date: Thursday,September 8,2022 5:07:37 PM
[ THIS MESSAGE COMES FROM AN EXTERNAL EMAIL- USE CAUTION WHEN
REPLYING AND OPENING LINKS OR ATTACHMENTS]
Good afternoon Marla,
•
Here's the count 156 yes, 2 no, 3 voids our contract pass okay.
Thank you,
Delroy Ireland
AFSCME President Local#
Sent via the Samsung Galaxy Note20 5G,an AT&T 5G smartphone