Loading...
R5L6-Others Cost-Of-Living Adjustment -COLA-COMMISSION ITEM SUMMARY Condensed Title: Alternative A -An Ordinance amending Ordinance No. 789, the Classified Employees Salary Ordinance as follows: providing for all Unrepresented Classified Employees (commonly referred to as "Others"), effective the first full pay period ending in April 2012, an across the board cost-of-living adjustment (COLA) of three percent (3%), and a three percent (3%) increase to the minimum and maximum of each Unrepresented Classified Employees pay range; or Alternative 8 -A Resolution providing for all Unrepresented Classified Employees, effective the first full pay period ending in April 2012, an across the board COLA of up to three percent (3%) for those Unrepresented Classified Employees who are not currently at the maximum of the pay range of their job classification; and providing no adjustment to the minimum and maximum of each pay range. Key Intended Outcome Supported: Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Community Satisfaction Survey, among the four (4) areas of customer service measured, 85.5% of respondents agreed that "the employees that assisted me were courteous and professional." Issue: Shall the City provide a classification and compensation system that is fair and externally and internally competitive; and consistent with those negotiated for the Classified employees covered by the American Federation of State, County and Municipal Employees (AFSCME); Fraternal Order of Police (FOP); International Association of Firefighters (IAFF); Communication Workers of America (CWA); and the Government Supervisors Association of Florida (GSAF), by amending the Classified Employees Salary Ordinance to provide an across the board COLA for Unrepresented Classified Employees of three percent (3%), with the first full pay period ending April2012? Item Summary/Recommendation: Alternative A -An Ordinance amending Ordinance No. 789, the Classified Employees Salary Ordinance as follows: providing for all Unrepresented Classified Employees, effective the first full pay period ending in April2012, an across the board COLA of three percent (3%), and a three percent (3%) increase to the minimum and maximum of each Unrepresented Classified Employees pay range; or Alternative 8 - A Resolution providing for all Unrepresented Classified Employees, effective the first full pay period ending in Apri12012, an across the board COLA of up to three percent (3%) for those Unrepresented Classified Employees who are not currently at the maximum of the pay range of their job classification; and providing no adjustment to the minimum and maximum of each pay range. The Administration recommends the City Commission approve Alternative A approving the proposed Ordinance amendment on first reading, and setting a second reading, public hearing for April 11, 2012. However, should the City Commission not approve Alternative A, the Administration recommends that the Commission adopt Alternative 8, which provides for all Unrepresented Classified Employees, effective the first full pay period ending in April 2012, an across the board COLA of up to three percent (3%) for those employees who are not currently at the maximum of the pay range of their job classification; and providing no adjustment to the minimum and maximum of each pay range. Adviso Board Recommendation: Discussed and approved by the Finance and Citywide Projects Committee at the June and July 2011 budget-related meetin s as well as b the full Commission durin the Se tember 2011 bud et commission meetin s. Financial Information: Sourceo~ Amount Account Approved Funds: Alternatives A or B Approximately Included in various Departmental -rF $20,000 salary budgets for FY 2011/2012 Financial Impact Summary: The City estimates an impact of approximately $20,000 to the City's FY 2011/2012 operating budget. This amount was budgeted and approved by the City Commission as part of the FY 2011/2012 Budget process. City Clerk's Office Le islative Trackin : Ramiro lnguanzo, Director, Human Resources Sign-Offs: De artment Director / Ramiro lnguanzo T:\AGENDA\2012\3-21-12\ MIAMI BEACH AGENDA JTEM ~...!-t.-...::.---'=:.. DATE --"'--=.!---'-= 501 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the · ity Commission FROM: City Manager Jorge M. Gonzalez DATE: March 21, 2012 SUBJECT: Unrepresented Classified (COLA) ALTERNATIVE A: FIRST READING Cost-of-Living Adjustment AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR THE CLASSIFICATIONS IN GROUP VI, BEING ALL CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT REPRESENTED BY A BARGAINING UNIT (COMMONLY REFERRED TO AS "OTHERS"), EFFECTIVE THE FIRST FULL PAY PERIOD ENDING IN APRIL 2012, AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND A THREE PERCENT (3%) INCREASE TO THE MINIMUM AND MAXIMUM OF EACH APPLICABLE PAY RANGE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. ALTERNATIVE B: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA PROVIDING FOR ALL CLASSIFICATIONS IN GROUP VI, BEING ALL CLASSIFIED EMPLOYEES IN THE CLASSIFIED SERVICE NOT REPRESENTED BY A BARGAINING UNIT (COMMONLY REFERRED TO AS "OTHERS"), EFFECTIVE THE FIRST FULL PAY PERIOD ENDING IN APRIL 2012, AN ACROSS THE BOARD COST-OF- LIVING ADJUSTMENT (COLA) OF UP TO A THREE PERCENT (3%) FOR THOSE EMPLOYEES WHO ARE NOT CURRENTLY AT THE MAXIMUM OF THE PAY RANGE OF THEIR JOB CLASSIFICATION; AND PROVIDING NO ADJUSTMENT TO THE MINIMUM AND MAXIMUM OF EACH PAY RANGE. RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance (Alternative A) on first reading and set a second reading and public hearing for April 11 , 2012. If the Ordinance is not approved, the Administration recommends that the City Commission approve the alternate Resolution (Alternative B). 502 City Commission Memorandum March 21, 2012 Unrepresented Classified employees Page 2 of6 This Ordinance was scheduled for first reading on February 8, 2012, but was deferred to the February 24, 2012 special City Commission meeting. At the February 24 special City Commission meeting, the item was deferred to the March 21, 2012 City Commission meeting. BACKGROUND The City of Miami Beach currently has 18 Unrepresented Classified employees. This group is commonly referred to in the City of Miami Beach as the "Others". By way of background, in 2010 the City and its five (5) bargaining units reached agreements to amend the prior three-year collective bargaining agreements with each of the five (5) bargaining units in the City. The successor three-year agreements were approved by the corresponding bargaining unit members and ratified by the City Commission. In order to attain the City Commission's goal of approximately $15 million in savings from employee concessions applicable towards FY2009/201 0 and FY201 0/2011 for all Classified and Unclassified employees, the agreements contained the following provisions as cost savings components: • No cost-of-living adjustments (COLAs) for the first two and one-half (2 Y2) years of the agreements; and • No merit increases for bargaining unit employees represented by the American Federation of State, County and Municipal Employees (AFSCME); the Communication Workers of America (CWA); and the Government Supervisors Association of Florida (GSAF) for a period of time specified in each of these individual collective bargaining agreements. When the merits resume, the maximum will be two percent (2%) instead of the previous maximum of four percent (4%). Eligible members of the Fraternal Order of Police (FOP) and the International Association of Fire Fighters (IAFF) employee groups continued to receive their five percent (5%) step increases during this period of time. Consistent with the concessions negotiated with the represented Classified employees (employees whose classifications are represented by a union), the City imposed equivalent COLA and merit freezes on the Unrepresented Classified employees (Classified employees whose classifications are not represented by a union). The merit freeze was put into effect for the Unrepresented Classified employees and the Unclassified employees prior to reaching agreements with the AFSCME, CWA, FOP and IAFF bargaining units. The merit freezes for the Unrepresented Classified employees, the Unclassified employees and the GSAF bargaining unit commenced October 1, 2009. The estimated savings for the two-year merit freeze (FY2009/2010 and FY2010/2011) for all Unrepresented Classified employees was anticipated to be $78,000. Given this, there have been no COLAs for any Unrepresented Classified employees since May 2009 and no merit increases for any Unrepresented Classified employees since October 2009. In addition, the Unrepresented Classified employees and the Unclassified employees who participate in the Miami Beach Employees' Retirement Plan (MBERP) began contributing an additional two percent (2%) of their pensionable salary towards their pension effective January 18, 2010, thus reducing the City's portion of the Annual Required Contribution (ARC). The Classified employees represented by the five 503 City Commission Memorandum March 21, 2012 Unrepresented Classified employees Page 3 of6 (5) collective bargaining units did not commence the additional two percent (2%) contribution of their pensionable salary toward their pension until November 27, 2010, approximately ten (10) months later. From January 18, 2010 to November 27, 2010, Unrepresented Classified employees contributed an additional approximate $16,287 to offset the City's pension contribution. ALTERNATIVE A An across the board COLA of three percent (3%) for all represented Classified employees was negotiated, effective with the first full pay period ending in April 2012 (approximately six (6) months into FY2011/2012). Correspondingly, the minimum and maximum pay ranges for each represented Classified position would increase effective the first full pay period ending in April 2012. Based on the provisions of the collective bargaining agreements between the City and its bargaining units, as well as the City's past practice of providing COLA increases to Unrepresented Classified employees and Unclassified employees consistent with those negotiated for the Classified employees covered by collective bargaining agreements, the Administration recommends implementing a three percent (3%) across the board COLA, effective the first full pay period ending April 2012 (six (6) months into the FY2011/2012), for all Unrepresented Classified employees; increasing the minimum and maximum of each Unrepresented Classified employee pay range correspondingly by three percent (3% ); and amending Ordinance No. 789, the Classified employees Salary Ordinance of the City of Miami Beach, Florida accordingly. The Ordinance amendment will ensure that the City has an employee classification and compensation system that is reasonable and competitive. No Unrepresented Classified employee who separated from employment from the City prior to the date of implementation of the proposed COLA, effective the first full pay period ending in April 2012, will be eligible for this COLA increase. The proposed three percent (3%) COLA for Unrepresented Classified employees is consistent with those negotiated for the Classified employees covered by the American Federation of State, County and Municipal Employees (AFSCME); the Fraternal Order of Police (FOP); the International Association of Firefighters (IAFF); the Communication Workers of America (CWA); and the Government Supervisors Association of Florida (GSAF) and would become effective at the same time. This COLA adjustment is also comparable to the 3.6% COLA that all Social Security beneficiaries commenced receiving in January 2012. This adjustment will provide additional incentives and competitiveness to attract and retain new and existing Unrepresented Classified employees. The City estimated an impact of $20,000 to the City's FY2011/2012 operating budget for COLAs for Unrepresented Classified employees. This estimate was compiled during the preparation for the collective bargaining process, which began in 2009 for the collective bargaining agreements that are currently in effect. This estimate did not take into account turnover rates, which have occurred and also included the adjustment to the minimum of the ranges for temporary employees. This amount was discussed, budgeted and approved by the City Commission as part of the FY2011/2012 budget process and is budgeted in the City's FY2011/2012 Adopted Budget. 504 City Commission Memorandum March 21, 2012 Unrepresented Classified employees Page 4 of6 ALTERNATIVE B In 2009, as part of the recommended classification and compensation study, the City's consultant, Condrey & Associates, made a recommendation regarding the issuance of periodic market increases (Cost of Living Adjustments). By way of background, the purpose of the classification and compensation study was to examine the City's job classifications, make recommendations as they related to the City's classification and salary plans and appropriately update all job classifications to ensure internal equity and external competitiveness. Condrey & Associates recommended a number of personnel cost containment and best practices strategies to consider along with the classification and compensation plans. The most significant of these recommendations are provided below. In addition, through negotiations, a number of these recommendations were implemented and are referenced below: (1) Cost of Living Adjustments (COLA)-Periodic market increases, similar to the COLA the City currently awards, should be limited to the Consumer Price Index (CPI) for the Miami-Fort Lauderdale area. Such increases should only be implemented when appropriate and deemed desirable by the City. (2) Step Increases I Merit Increases -Automatic step increases should be eliminated for all classifications where steps currently exist. In keeping with salary and compensation best practices, merit increases in the range of two percent (2%) to three percent (3%) should be awarded to employees meeting performance standards and whose current salary is below the maximum of the salary range for the position they are in. The current classifications in the City which include automatic step increases are the following: Lifeguard I, II and Lifeguard Lieutenant; Fire Fighter I, II, Fire Lieutenant, and Fire Captain; and Police Officer, Police Sergeant, and Police Lieutenant. With regards to merit increases, all other employee classifications are on a pay-for-performance plan, meaning that depending on how they perform during an evaluation year period, the employee is eligible for a merit increase of anywhere between zero and four percent (4%). • For all classifications in AFSCME, GSAF, Unrepresented Classified and Unclassified employees, the maximum merit increases for general employees in the pay-for-performance plan was reduced, and now range from zero to a maximum of two percent (2%) versus the previous range of zero to a maximum of four percent (4%). • Through negotiations with the CWA, the automatic step increases for the Lifeguard I, II and Lifeguard Lieutenant classifications were eliminated. These classifications are now on the pay-for-performance plan just like all other general employees. (3) Merit Increase For Employees Who Are Above The Maximum Of The Salary Range -Unlike the City's current practice of not awarding merit increases to those employees who are maxed out (other than COLA), the City should consider a policy that once employees reach the maximum of their salary range, a merit increase, based on performance, should be earned as a lump sum payment (one- 505 City Commission Memorandum March 21, 2012 Unrepresented Classified employees Page 5 of6 time bonus) rather than being added to the base salary. This will help alleviate retention and motivation challenges associated with employees who have "maxed- out" of their pay range. (4) Overtime-The City should strictly adhere to the overtime provisions in the Fair Labor Standards Act (FLSA) and eliminate policies that provide more than what the law requires. In some cases, the City provides for double or triple time the salary for overtime worked, when FLSA only requires time-and-a-half. • For all classifications in the CWA, the City negotiated adherence to the overtime provisions in the FLSA and eliminated policies that provided more than what the law requires. In some cases, the City provided for double or triple time the salary for overtime worked, when FLSA only requires time-and-a- half. A similar adherence to the overtime provisions in the FLSA as was negotiated with the CWA was implemented on the Unrepresented Classified employees. (5) Salary Survey -To make sure that the City's pay structure remains in a competitive position, the City should conduct a salary survey every four (4) to five (5) years. As it relates to COLAs, Condrey recommended that periodic market increases (COLAs) should be provided but limited to the Consumer Price Index (CPI) for the Miami-Fort Lauderdale area. The CPI for the Miami-Fort Lauderdale area as of December 2011 was 3.1 %. The COLA adjustment provided by the U.S. Federal Government to all Social Security beneficiaries in January 2012 was 3.6%. Therefore, it is recommended that the already budgeted three percent (3%) COLA for Unrepresented Classified employees should be approved effective the first full pay period in April 2012 for any Unrepresented Classified employee who is not already at the maximum of the salary range of the position they currently hold. Currently there is only one (1) Unrepresented Classified employee who has reached the maximum of their salary range. There are no Unrepresented Classified employees who are less than three percent (3%) away from the maximum of their salary range. The remaining seventeen (17) Unrepresented Classified employees are all more than three percent (3%) away from the maximum of their salary range. As there is only one (1) Unrepresented Classified employee impacted by Alternative 8, the financial impact between Alternatives A and 8 are minimal. Although it has been the City's past practice to provide COLA adjustments to Unrepresented Classified employees and Unclassified employees consistent with those negotiated for the Classified employees covered by collective bargaining agreements, the City Commission may want to implement up to a three percent (3%) across the board COLA, effective the first full pay period ending April 2012 (six (6) months into the FY2011/2012), for all Unrepresented Classified employees who are not currently at the maximum of the pay range of their classification; without adjusting the minimum and maximum of the salary ranges for each classification. No Unrepresented Classified employee who separated from City employment prior to the date of implementation of the proposed COLA, effective the first full pay period ending in April 2012, will be eligible to receive this COLA increase. 506 City Commission Memorandum March 21, 2012 Unrepresented Classified employees Page 6 of6 The proposed COLA of up to three percent (3%) for Unrepresented Classified employees would become effective on the first full pay period ending April 2012, the same date COLAs were negotiated by the five (5) bargaining units. Further, this adjustment will provide additional incentives and competitiveness to attract and retain new and existing Unrepresented Classified employees. It should be noted that while implementation of Alternative 8 is feasible, the implementation as a policy for Unrepresented Classified employees may lead to compression issues. These issues could result in inequities between Unrepresented Classified employees and represented Classified employees positions, and may lead to difficulty in promoting internal applicants and may discourage upward mobility. CONCLUSION The Administration recommends approving the COLA of three percent (3%), effective the first full pay period ending April 2012 (approximately six (6) months into the FY2011/2012) for all Unrepresented Classified employees. If Alternative A is approved on first reading, then the Administration recommends that the second reading be set for a hearing on April 11, 2012. If Alternative 8 is approved, then the Administration recommends that the practice of providing for periodic COLAs without adjusting the minimum and maximum of the salary ranges for each classification be proposed and negotiated with each of the bargaining units during the upcoming contract negotiations for the 2012-2015 collective bargaining agreements to be consistent with the practice begun by the Unrepresented Classified employees. T:\AGENDA\2012\3-21-12\COLA-OTHERS CLASSIFIED EMPLOYEES MEMO 1.docx 507 . \ ORDINANCE NO.------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR THE CLASSIFICATIONS IN GROUP VI, BEING ALL CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT REPRESENTED BY A BARGAINING UNIT (COMMONLY REFERRED TO AS "OTHERS"}, EFFECTIVE THE FIRST FULL PAY PERIOD ENDING IN APRIL 2012, AN ACROSS THE BOARD COST -OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%}, AND A THREE PERCENT (3%) INCREASE TO THE MINIMUM AND MAXIMUM OF EACH APPLICABLE PAY RANGE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. WHEREAS, the City of Miami Beach has approximately 18 employees in the Classified Service who are not represented by a collective bargaining unit (commonly referred to as "Others") (Group VI); and WHEREAS, during 2010, the City and its bargaining units reached agreements to amend the prior three-year collective bargaining agreements (CBAs); and WHEREAS, the successor three-year CBAs were approved by the corresponding bargaining unit members and ratified by the City Commission; and WHEREAS, in order to attain the City Commission's goal of approximately $15 million savings in employee concessions for FY2009/201 0 and FY201 0/2011, the CBAs contained the following provisions as cost savings components: no Cost-of-Living Adjustments (COLA) for the first two and one-half (2 %) years of the agreements; no merit increases for bargaining unit employees represented by AFSCME Local 1554, CWA Local 3178 and GSAF, OPEIU, Local100 for a period of time specified in each of these individual CBAs (eligible members of the FOP and IAFF employee groups continued to receive their step increases during this period of time); and when the merits resume, the maximum will be two percent (2%) instead of the previous maximum of four percent (4%): and WHEREAS, consistent with the concessions negotiated with the represented Classified employees the City imposed an equivalent COLA and merit/step freezes on the Unrepresented Classified employees and all Unclassified employees for the same period; and 1 508 WHEREAS, an across the board COLA of three percent (3%) for all represented Classified employees was negotiated, with a corresponding increase to the minimum and maximum of each pay grade, effective with the first full pay period ending in April 2012 (approximately six (6) months into FY 2011/2012); and WHEREAS, the COLAs listed herein are consistent with those negotiated for the Classified employees covered by the AFSCME Local 1554, the FOP William Nichols Lodge No.8; the IAFF local 1510; the CWA Local 3178; and the GSAF, OPEIU, Local 100;and WHEREAS, the City's past practice has been to provide COLA increases to Unrepresented Classified employees and the Unclassified employees, consistent with the COLA negotiated by the represented Classified employees (Groups I through V); and WHEREAS, no Unrepresented Classified employee who separated from employment with the City prior to the date of implementation of the COLA effective the first full pay period ending in April2012 will be eligible for this COLA increase; and WHEREAS, there is a need to amend the salary ranges of the Unrepresented Classified employees in order to ensure that the City has an employee classification and compensation system that is fair and internally and externally competitive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: The minimum and the maximum biweekly pay ranges will be changed to reflect an employee classification and compensation system that is fair and competitive, effective the first full pay period ending in April 2012. The following lines of Section 1 of the Classified Salary Ordinance No. 789 shall be amended as follows: [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 2 509 GROUP VI ALL OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT (A/KIA OTHERS) Salary Ranges and Classification A. Salary Grades and Ranges GRADE 14 13 12 11 10 9 8 7 6 5 4 3 ~ 4 MINIMUM BIWEEKLY §9,837 2,370 aa,Q68 2,182 §Q,678 2,008 46,638 1,848 42,921 1,700 39,aQQ 1,565 36,3§2 1,440 33,4§3 1,325 3Q,788 1,220 28,334 1,122 26,Q76 1,033 23,996 951 22,Q84 2Q,324 MAXIMUM BIWEEKLY 96,641 3,828 88,94Q 3,523 81,848 3,242 7a,32a 2,984 69,32Q 2,746 63,797 2,527 §8,712 2,326 a4,Q31 2,140 49,72§ 1,970 4a,76Q 1,813 42,114 1,668 38,7§7 1,535 3§,668 32,824 In compliance with Sections 2-407 through 2-410 of the City Code, entitled "Living Wage Requirements for Service Contracts and City Employees" (See Ordinance 2010- 3682 and Resolution 2011-27752), the minimum and the maximum hourly rate for Ranges 2 and 1 shall be amended as follows: GRADE MINIMUM HOURLY RATE WITH HEALTH BENEFITS 3 510 MINIMUM HOURLY RATE WITHOUT HEALTH BENEFITS 12.17 12.17 MAXIMUM HOURLY RATE In compliance with Sections 2-407 through 2-410 of the City Code, entitled "Living Wage Requirements for Service Contracts and City Employees" (See Ordinance 2010- 3682 and Resolution 2011-27752), effective October 1, 2012, the minimum and the maximum hourly rate for Ranges 2 and 1, shall be as follows: GRADE 6 1 MINIMUM HOURLY RATE WITH HEALTH BENEFITS B. Grade and Classifications GRADE 14 14 14 14 14 12 12 11 10 9 9 8 8 6 6 5 CLASSIFICATION Employee Benefits Specialist Senior Electrical Inspector Senior Elevator Inspector Senior Mechanical Inspector Senior Plumbing Inspector Computer Operator Firearms Specialist Human Resources Technician Ill Human Resources Technician II Ice Rink Technician Human Resources Technician I Building Services Technician Administrative Aide 11/Risk Management Recreation Leader II Customer Service Representative Office Associate II (HR & IT) 4 511 MINIMUM HOURLY RATE WITHOUT HEALTH BENEFITS 12.92 12.92 GROUP MAXIMUM HOURLY RATE Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified .. 4 Recreation Leader I Other Classified 3 Concession Attendant Other Classified 2 School Guard Other Classified Note: There is currently no OTHER classification for Grades 13, 7 or 1. SECTION 2: REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4: EFFECTIVE DATES. The Ordinance Amendments set forth in Section 1 above shall become effective the first full payroll period in April 2012. A three percent (3%) across the board COLA for all Unrepresented Classified employees shall become effective the first full payroll period in April2012. SECTION 5: CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. PASSED and ADOPTED this __ day of--------' 2012. Matti Herrera Bower, Mayor ATTEST: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Robert Parcher, City Clerk ~~4~ City Attorney T:\AGENDA\2012\3-21-12\COLA-ORDINANCE-OTHERS 3-21-12 FIRST READING.docx 5 512 Date RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA PROVIDING FOR ALL CLASSIFICATIONS IN GROUP VI, BEING ALL CLASSIFIED EMPLOYEES IN THE CLASSIFIED SERVICE NOT REPRESENTED BY A BARGAINING UNIT (COMMONLY REFERRED TO AS "OTHERS"), EFFECTIVE THE FIRST FULL PAY PERIOD ENDING IN APRIL 2012, AN ACROSS THE BOARD COST -OF-LIVING ADJUSTMENT (COLA) OF UP TO THREE PERCENT (3%) FOR THOSE EMPLOYEES WHO ARE NOT CURRENTLY AT THE MAXIMUM OF THE PAY RANGE OF THEIR JOB CLASSIFICATION; AND PROVIDING NO ADJUSTMENT TO THE MINIMUM AND MAXIMUM OF EACH PAY RANGE. WHEREAS, the City of Miami Beach has approximately 18 Unrepresented Classified employees (this group is commonly referred to as the "Others".); and WHEREAS, during 2010, the City and its bargaining units reached agreements to amend the prior three-year collective bargaining agreements (CBAs); and WHEREAS, the successor three-year CBAs were approved by the corresponding bargaining unit members and ratified by the City Commission; and WHEREAS, in order to attain the City Commission's goal of approximately $15 million savings from employee concessions applicable towards FY2009/201 0 and FY201 0/2011, the CBAs contained the following provisions as cost savings components: no cost-of-living adjustments (COLA) for the first two and one-half (2 %) years of the agreements; no merit increases for bargaining unit employees represented by AFSCME Local1554, CWA Local 3178 and GSAF, OPEIU, Local100 for a period of time specified in each of these individual CBAs (eligible members of the FOP and IAFF employee groups continued to receive their step increases during this period of time); and when the merits resume, the maximum will be two percent (2%) instead of the previous maximum of four percent (4%); and WHEREAS, consistent with the concessions negotiated with the represented Classified employees the City imposed an equivalent COLA and merit/step freezes on the Unrepresented Classified employees and all Unclassified employees for the same period; and WHEREAS, an across the board COLA of three percent (3%) for all represented Classified employees was negotiated, with a corresponding increase to the minimum and maximum of each pay grade, effective with the first full pay period ending in April 2012 (approximately six (6) months into FY2011/2012); and 513 WHEREAS, as part of the adopted FY2011/2012 operating budget approved by the City Commission, $20,000 was budgeted for all Unrepresented Classified employees to receive a three percent (3%) COLA effective with the last full pay period in April 2012; and a three percent (3%) increase to the minimum and maximum of each pay range; and WHEREAS, during the March 21, 2012 City Commission meeting, the Administration presented to the City Commission an amendment to Ordinance 789, the Classified Employees Salary Ordinance as "Alternative A", implementing a three percent (3%) COLA for Unrepresented Classified employees ("Others") effective with the first full pay period ending in April 2012, and a three percent (3%) increase to the minimum and maximum of each Unrepresented Classified employee pay range; and WHEREAS, the City Commission chose not to approve an amendment to Ordinance No. 789, but instead approved "Alternative 8", which provides up to a three percent (3%) COLA for those Unrepresented Classified employees ("Others") who are not currently at the maximum of their pay range for their job classification and not providing any adjustment to the minimum and maximum of each Unrepresented Classified employee ("Others") pay range; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Unrepresented Classified employees, effective with the first full pay period ending in April 2012, shall receive an across the board cost-of-living adjustment (COLA) of up to a three percent (3%) for those employees who are not currently at the maximum of the pay ranger of their job classification; and providing no adjustment to the minimum and maximum of each pay range. PASSED and ADOPTED this __ day of---------' 2012. ATTEST: Robert Parcher, City Clerk Matti Herrera Bower, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION !I ~ ~· ~ 3k~/JL City Attorney Date T:\AGENDA\2012\3-21-12\COLA-OTHERS EMPLOYEES RESOLUTION-Alternative B.docx 514