R5C-Amend 1605 Unclassified Employees Salary Ordinance -Wolfson-JOSE SMITH, CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM
TO:
CC:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower
Members of the City Commission
Amendments to Ordinance No. 1605, the Unclassified Employee
Salary Ordinance, Regarding Salary and Compensation Provisions
for the City Manager and City Attorney
Consistent with Articles Ill and IV of the City Charter, the attached
Ordinance amends and sets forth compensation provisions for the City Manager
and City Attorney.
Pursuant to Section 3.01, Article Ill of the City Charter, the "compensation
for the City Attorney" shall be fixed by the City Commission by ordinance. As
similarly provided in Article IV, Section 4.01 of the City Charter, the "City
Manager's compensation shall be fixed by the City Commission by ordinance".
The following provides a brief history of the city ordinances setting the
compensation for the City Manager and the City Attorney.
Legislative History
Beginning in 1966, pursuant to Ordinance 1605, the City Commission
established a compensation plan for offices and positions in the Unclassified
Services of the City. This Ordinance established a schedule of salaries for,
among others, the positions of City Manager and City Attorney. The City
Manager's "salary per month" was set at $2,083.33 and the City Attorney's
"monthly compensation" was established between a minimum of $1,328.00 and a
maximum of $1 ,614.00.
In 1988, via Ordinance No. 88-2611, bi-weekly compensation maximum
amounts were established for the City Attorney and for the City Manager in the
amount of $3,448.28.
Agenda Item RSC-
Date /Z,-{ ?_,-/2-,
399
In 1995, the City's Unclassified Salary Ordinance was amended, via
Ordinance No. 95-3023, to provide for bi-weekly minimum and maximum
compensation ranges for the City Manager ($3,824.89 to $6, 124.60).
In 1997, pursuant to Ordinance No. 97-3096, the "bi-weekly range of
compensation" for the City Attorney was amended to reflect that it would be as
"Determined by Commission."
In 2001, Ordinance No. 2001-3305 established numeric salary grades with
minimum and maximum salary ranges. The City Manager was designated with a
salary Grade 26 with a minimum salary of $117,937.00 and a maximum salary of
$189,108.
In Ordinance No. 2002-3356 adopted in 2002, the City Manager and the
City Attorney salary provisions for Grade 26 were amended to provide a
minimum salary of $122,655. and a maximum salary of $198,100. for both
positions.
In 2002, in Ordinance No. 2002-3383, salary Grade 26 for the City
Manager and City Attorney was amended to reflect that minimum and maximum
salary ranges would be "as Determined by City Commission."
Proposed Salary and Compensation Ordinances
Attached hereto are three proposed Ordinances regarding the salary and
compensation for the City Manager and City Attorney. As discussed below,
Option A is the version which was approved by the City Commission on First
Reading on July 18, 2012 and referred to the Finance and Citywide Projects
Committee ("FCWPC"). Option B is the proposal of the Finance and Citywide
Projects Committee and Option C is the proposal of Commissioner Jonah
Wolfson.
City Commission Version -Option A
The attached Option A Ordinance was heard on First Reading before the
City Commission on July 18, 2012 and was referred to the Finance and Citywide
Projects Committee for its consideration. This option provides salary ranges for
the City Manager and City Attorney, as well as other categories of compensation.
The Ordinance was scheduled for a Second Reading/Public Hearing on
September 12, 2012, but was continued to October 24, 2012 pending the
FCWPC's review. On October 24, 2012, the Ordinance was again placed on the
Commission agenda for Second Reading/Public Hearing, but was continued to
December 12, 2012 pending consideration by the FCWPC.
400
Finance and Citywide Projects Committee Version-Option 8
On November 9, 2012, the proposed Option A Ordinance was considered
by the FCWPC. The Committee recommended a different version of the
Ordinance which is attached hereto as Option B. This version provides salary
ranges for the City Manager and City Attorney and for other compensation as
may be set forth by agreement.
Commissioner Jonah Wolfson's Version-Option C
The Ordinance attached hereto as Option C reflects the proposals of
Commissioner Jonah Wolfson. This version provides a specific salary for the
City Manager and City Attorney as well as certain specified categories of
compensation.
Conclusion
The City Attorney concurs with the recommendation of the Finance and
Citywide Projects Committee set forth in Option B. This Option provides both
transparency and flexibility in establishing the salary and compensation for the
City Manager and City Attorney.
JS/DT/mmd
F:\ATTO\SMIJ\COMMISSION MEMOS\Salary Ordinance December 12, 2012.docx
401
OPTION "A"
(FIRST READING VERSION)
ORDINANCE NO.-------
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED
EMPLOYEES SALARY ORDINANCE OF THE CITY OF
MIAMI BEACH, FLORIDA BY AMENDING THE SALARY
RANGES AND ESTABLISHING COMPENSATION
PROVISIONS FOR THE CITY MANAGER AND CITY
ATTORNEY; PROVIDING FOR REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission wish to amend the City's
Unclassified Employees Salary Ordinance to establish salary ranges and compensation
categories for the City Manager and City Attorney.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Ordinance No. 1605, the Unclassified Employees Salary
Ordinance, is hereby amended as follows:
CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS
A. Salary Grades and Ranges
GRADE MINIMUM
26 Determined by the City
Commission
MAXIMUM
Determined by the City
Commission
Grade, Classifications and Compensation for the City Manager and City Attorney
CITY MANAGER BASE SALARY/RANGE
HEALTH, LIFE &
OTHER
INSURANCE:
PROFESSIONAL
402
$162,916.00 to $263. 126.00/yr
City pays premium for term life
insurance policy, and for
hospitalization, surgical and
comprehensive medical, dental
and vision insurance
Dues and subscriptions as
DEVELOPMENT:
OTHER BENEFITS:
CITY ATTORNEY BASE SALARY/RANGE:
GRADE
SECTION 2. REPEALER.
DEFERRED
COMPENSATION:
HEALTH, LIFE &
OTHER
INSURANCE:
PROFESSIONAL
DEVELOPMENT:
OTHER BENEFITS:
MINIMUM
BIWEEKLY
* * *
reasonably necessary
Vacation. sick leave. holidays,
planning days and similar
fringe benefits as other
unclassified city
employees
$162,916.00 to $263, 126.00/yr
As allowed by I.R.S.
City pays premium for term life
insurance policy and for
hospitalization, surgical and
comprehensive medical, dental
and vision insurance
Dues and subscriptions as
reasonably necessary
Vacation, sick leave, holidays,
planning days and similar
fringe benefits as other
unclassified city employees
MAXIMUM
BIWEEKLY
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.
2
403
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect the ____ day of _____ , 2012.
PASSED and ADOPTED this __ day of ________ , 2012.
Matti Herrera Bower, Mayor
ATTEST:
Rafael Granado, City Clerk
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTI~)
l /
/2-,5-12.
Date
F:\ATTO\SMIJ\ORDINANCES\SALARY ORDINANCE CITY MANAGER-CITY ATTORNEY Option A (First Reading).docx
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404
OPTION "B"
(FINANCE COMMITTEE)
ORDINANCE NO.-------
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED
EMPLOYEES SALARY ORDINANCE OF THE CITY OF
MIAMI BEACH, FLORIDA BY AMENDING THE SALARY
RANGES AND ESTABLISHING COMPENSATION
PROVISIONS FOR THE CITY MANAGER AND CITY
ATTORNEY; PROVIDING FOR REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission wish to amend the City's
Unclassified Employees Salary Ordinance to establish a salary range and benefit
provisions for the City Manager and City Attorney.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Section 1 of the Unclassified Salary Ordinance No. 1605 (the
"Ordinance") is hereby amended as follows:
CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS
A. Salary Grades and Ranges
GRADE
26
MINIMUM
BIVVEEKLY
Determined by the City
Commission
MAXIMUM
BIVVEEKLY
Determined by the City
Commission
SECTION 2. That Section 1 of the Ordinance is further amended to create the
following new sub-subsection, entitled "Grade, Classifications and Salaries for the City
Manager and City Attorney," which will be inserted immediately beneath the first
subsection in Section 1 of the Ordinance, which subsection is entitled "Class and Pay
Grades, Salaries and Classifications":
CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS
A. Salary Grades and Ranges
Grade, Classifications and Compensation for the City Manager and City Attorney
*26 CITY MANAGER BASE SALARY/RANGE $162,916.00 to $263,126.00/yr
405
*26 CITY ATTORNEY BASE SALARY/RANGE $162,916.00 to $263,126.00/yr
*Pursuant to the powers vested in the City Commission under Article II, Section 2.03 of the City Charter,
the City Commission may by Resolution approve an employment agreement with, respectively, the City
Manager and City Attorney. providing for such further terms and conditions including. without limitation.
such other additional benefits as the QityGommission may deem in the best interest of the City.
GRADE MINIMUM
BIWEEKLY
MAXIMUM
BIWEEKLY
* * *
SECTION 3. REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the ____ day of _____ , 2012.
PASSED and ADOPTED this __ day of--------' 2012.
Matti Herrera Bower, Mayor
ATTEST:
Rafael E. Granado, City Clerk Date
F:\ATTO\SMIJ\ORDINANCES\SALARY ORDINANCE CITY MANAGER-CITY ATTORNEY Option B (Finance Committee).docx
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406
OPTION "C"
(COMMISSIONER WOLFSON'S VERSION)
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED
EMPLOYEES SALARY ORDINANCE OF THE CITY OF
MIAMI BEACH, FLORIDA BY AMENDING THE SALARY
RANGES AND ESTABLISHING COMPENSATION
PROVISIONS FOR THE CITY MANAGER AND CITY
ATTORNEY; PROVIDING FOR REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission wish to amend the City's
Unclassified Employees Salary Ordinance to establish certain salary provisions and
compensation categories for the City Manager and City Attorney.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Section 1 of the Unclassified Salary Ordinance No. 1605 (the
"Ordinance") is hereby amended to delete the following line:
CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS
A. Salary Grades and Ranges
GRADE MINIMUM
26 Determined by the City
Commission
MAXIMUM
Determined by the City
Commission
SECTION 2. That Section 1 of the Ordinance is further amended to create the
following new sub-subsection, entitled "Grade, Classifications and Salaries for the City
Manager and City Attorney," which will be inserted immediately beneath the first
subsection in Section 1 of the Ordinance, which subsection is entitled "Class and Pay
Grades, Salaries and Classifications":
CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS
A. Salary Grades and Ranges
Grade, Classifications and Compensation for the City Manager and City Attorney
26 CITY MANAGER BASE SALARY: $220,000.00/yr ($8461.54 biweekly)
Medical insurance,
Dental Insurance,
407
Life Insurance
457 Deferred
Compensation
Vehicle allowance
Planning Days
(48 hrs/ 6 days)
Annual Vacation,
Sick Leave,
Floating, and
Birthday
26 CITY ATTORNEY BASE SALARY:
GRADE
SECTION 3. REPEALER.
Medical insurance,
Dental Insurance,
Life Insurance
457 Deferred
Compensation
Vehicle allowance
Planning Days
(144 hrs/18 days)
Annual Vacation,
Sick Leave,
Floating, and
Birthday
MINIMUM
BIWEEKLY
* * *
$3,900.00
$5,076.92
As provided in
the Unclassified
Employees Leave
Ordinance
$220,565.54/yr ($8.483.29 bi-weekly)
$22,500.00
$15,269.92
As provided in
the Unclassified
Employees Leave
Ordinance
MAXIMUM
BIWEEKLY
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
2
408
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of Ordinance is held invalid, the
remainder shall not affected by such invalidity ..
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the ____ day of _____ , 2012.
ATTEST:
Rafael Granado, City Clerk
(Sponsored by Commissioner
Jonah Wolfson)
Matti Herrera Bower, Mayor
APPROVED AS TO FORM & LANGUAGE
& R EXECUTI ~
!
//"
12.-J-Jl..-
Date
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