Ordinance 2025-4740 ORDINANCE NO. 2025-4740
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE MIAMI
BEACH CITY CODE, ENTITLED "PERSONNEL," BY CREATING ARTICLE
VII, ENTITLED "CLASSIFIED EMPLOYEES' SALARY ORDINANCE," BY
CREATING SECTIONS 78-321 THROUGH 78330 THEREOF, TO CODIFY
AS PART OF THE CITY CODE, AND ADOPT AMENDMENTS TO THE
CITY'S EMPLOYEES' CLASSIFIED SALARY ORDINANCE (NO. 789),
WHICH ORDINANCE ESTABLISHES THE PAY PLAN FOR CLASSIFIED
CITY EMPLOYEES, FOR PURPOSES OF CLARITY AND EASE OF
REFERENCE, TO DELETE ANDIOR REVISE OUTDATED PROVISIONS,
AND TO CODIFY EXISTING ADMINISTRATIVE PRACTICES; REPEALING
ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
FURTHER, PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach's Classified Employees Salary Ordinance No.
789 (the "Ordinance"), originally adopted on December 18, 1946; and
WHEREAS, the Mayor and City Commission wish to codify the Ordinance in Chapter
78 of the Miami Beach City Code; and
WHEREAS, Classifed Employees Salary Ordinance No. 789 is hereby superseded
and replaced by Article VII of Chapter 78 of ihe City Code, entitled "Classified Employee
Salary", which codifies as part of the City Code, and adopts amendments to the City's
Employees' Classified Salary Ordinance, for purposes of clarity and ease of reference, [o
delete and/or revise outdated provisions, and to codify existing administrative prac[ices,
details of which are set forth in the Memorandum accompanying this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Ordinance No. 789 is hereby repealed in its entirety.
SECTION 2. Article VII of Chapter 78, entitled "Classified Employee Salary" is hereby
created as follows:
CHAPTER78. PERSONNEL
ARTICLE VII. CLASSIFIED EMPLOYEE SALARY
Sec. 78321. Puroose . It is declared to be the ourpose of this Article to orovide an
orderlv and fair means for the comoensation of emolovees in the Classified Service of the
Citv of Miami Beach Florida on the basis of the work thev perform and their comoetence in
itsperformance� and to provide an eouitable basis of comoensation and reward for merit
Nothina herein shall be construed to orevent the withholdinq of qav increases or the reduction
o�av rates for disciolinary ourooses for fiscal res�onsibilitv or anv other ouroose �ursuant
to the lawful exerase of the Cdv's powers
Sec. 78322. Pav Plan Pursuant to this section the citv commission shall adoot a
pav plan comorised of a schedule of minimum and maximum base salaries for the offices and
Qosdions in the classfied service bv Resolution Subied to the orovisions of this Article the
citv commission mav thereafter amend the oav olan uoon recommendation of the ci�
manaqer includinq bv aoprovinq cost of livina increases
Sec. 78323 Collectivelv baraained emolovment aareements
L1 To the extent there is a conflict beriveen the orovisions of this Article and the
terms of a collechvelv baraained aqreement in effect as of the date of adootion of this
Ordinance with res�ect to waqes or terms or conditions of em�lovment the terms of a
collectivelv barqained aareemen[ shall suoersede the orovisions in conflict and such
conflictina orovisions shall not aoolv to emolovees aopointed to oositions within the
barqaininq unit Chanqes to the base oav schedules for oositions within a baroainino unit
shall be automaticallv imolemented uoon ratification bv [he citv commission of the
corresoondinp collective baroaininq aqreement and the Pav Plan shall be amended
accordmalv wdhout further action bv the Citv Nothinq in this Article shall en[itle covered
emolovees to areater oav or benefits than as orovided in the dulv ratified collectivelv
barqained aareement No[hinq in this Article shall be construed as a derooation of anv rioht
barqained for or reserved bv Manaqement
(b) Lonoevitv For emolovees within the baroaininq unit reoresented bv the
Miami Beach Fraternal Order of Police William Nichols Lodae No 8 and the Fire Fiqhters of
Miami Beach International Association of Fire Fiahters Local 1510 lonqevitv �av shall
conhnue [o be calculated on base oav and oaid oursuant to the terms of the collectivelv
baraained aareement in effec[as of the date of adootion of this Ordinance and subiect to the
followina rates� 2 5°/ uoon comoletion of seven vears of emolovment� 5°/ uoon comoletion
of ten vears of emolovment� 7 5°/ uoon comoletion of 15 vears of emolovment� 10°/ uoon
comqletion of riventv vears of emolovment� and 11°/ uoon comoletion of hventv five vears of
emplovment.
Sec. 78324. Limitation on increases to individual salaries areater than oav
ranqe maximum Unless othenvise orovided bv a Resolution adooted oursuant to Section
78-322 or 78323 increases to the minimum or maximum of oav ranqes shall no[ resWt in
individual emolovee oav increases unless the emolovee's base oav is below the minimum of
the recommended ranae Emolovees whose base oav is at or over the maximum of the ranae
for [heir resoective classifications shall have their base oav frozen or red circled until such
time as their base oav falls within the ranqe Unless othenvise orovided bv a Resolution
adooted oursuant to Sechon 78-322 emplovees whose base oav exceeds the maximum of
the oav ranpe shall not be eliaible for a cost-of-livinq increase
Sec. 78325. Comoensation over or under orescribed minimums and maximums
(a) The citv manaaer is authorized to anorove rates of comoensation less than the
prescribed minimum for emolovees whose emolovment is on a oart time basis or whose
duhes and resoonsibilities are clearlv less than normallv attached to a oosition
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(b) The citv manaoer mav authorize comoensation not more than 10°/ in excess
of base �av for those emolovees who oertorm duties and resoonsibilities that are clearlv
above and bevond the normal scooe of oosihons within their iob class
Sec. 78-326. Authoritv of citv manaqer• limitations The citv manaaer is authorized
to estabhsh assan and maintain aoprooriate iob dassifcations and salary or pav qrades for
offices and oosrtions m the classified service
The citv manaqer is further authorized to�
i. qrant a one-time non-recurrina non-oensionable adiustment of uo to 3°/ of
base oav to emolovees whose oav is at or exceeds the maximum rate of
base oav for their classifcation if the emolovee's oerformance is rated to
have met exceeded or sianifcantiv exceeded oerformance exoec[ations�
ii. chanoe the oav qrade of anv position�
iii. adjust salaries to comolv with chanaes to federal minimum waqe laws or
other state or local laws mandatina a minimum or livina wa4e�
iv. establish and aoqrove additional oav incentives allowances supolements
or other comoensation and benefits as the ci[v manaqer deems necessary
and aopropriate for recruitment and retention�
v. offer anv aualified candidate uo to 35°/ above the minimum base oav of[he
ranoe as the crtv manaaer deems necessary and aopropriate for recrui[ment
vi. issue administra[ive orders not in conflict with this Article for the puroose of
clanfcahon and admmistration of this Article�
vii. fix [he rates of comoensation of individual emolovees wi[hin the limitations
prescnbed in this Article�
viii. adiust errors in oav for individual emolovees caused bv comoutational or
clerical errors in data orocessinq
. . .
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewi[h be and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions
of this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other
appropriate word.
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SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect 10 days fo�llowing the adoption.
PASSED and ADOPTED this d�day of Jue� , 2025.
ATTEST:
i•.It� � " 20?'� . ,.K_
�' _��" en Meiner, Mayor
' _�?„' �'ti''+.
✓p �e . Granado, City Clerk - ;� ,
��'� i '.INiOA� r oaaiEo: �!
R��IS BARBOU ;•,� ,,
(Sponsored by Commissioner Joseph Maga'T�;z6;.�9�
APPROVED AS TO
FORM &LANGUAGE .
&FOR EXECUTION
� s/ib/zoZ�
City Attomey " Oate
��.
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Ordinances- R5 R
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honoreble Mayor and Memhers of the City Commission
FROM: Eric Carpenter, Ciry Manager
DATE: June 25, 2025 1025 a.m. Second Reading Public Heanng
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE MIAMI BEACH CIN
CODE, ENTITLED "PERSONNEL," BY CREATING ARTICLE VII, ENTITLED
"CLASSIFIED EMPLOYEES' SALARY ORDINANCE," BV CREATING SECTIONS
78321 THROUGH 76-330 THEREOF,TO CODIFY AS PART OF THE CITY CODE,
AND ADOPT AMENDMENTS TO THE CITY'S CLASSI FIED EMPLOVEES'SALARY
ORDINANCE (NO. 789), WHICH ORDINANCE ESTABLISHES THE PAY PLAN
FOR CLASSIFIED CITY EMPLOYEES, FOR PURPOSES OF CLARITY AND EASE
OF REFERENCE, TO DELETE AND/OR REVISE OUTDATED PROVISIONS, AND
TO CODIFY EXISTING ADMINISTRATIVE PRACTICES; REPEALING ALL
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND FURTHER,
PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administretion recommends the adop6on of the proposed Ordinance to codiy cuvent
administrative policies and practices and deleting or revising outdated provisions conceming pay
for the Classified Service, and providing that fuWre changes to the pay plan be effectualed by the
Commission through resolution rather than through ordinance.
BACKGROUNDIHISTORY
Pursuant to the Cilys Civil Service System,employment positions in the Ciry are generally divided
into the Classifed or Unclassifed Service. OMinance 789, first enacted on Oecember 18, 1946,
with the sfated purpose of creating an orderly means o� compensation, eslablished a
Compensation Plan, compnsed of positions and an associated salary range for each position
within the Classified Service of lhe City. Each Commission-approved change to the Ordinance
over the years was made independently and was irregulady codified.
Histonrally, the majonty of positions within Ihe Classifed Service of the City have been unionized
and for whom pay has been collectively bargained.
Presently, the Classified Service is compnsetl of, in part, �he posi[ions within the bargaining unit
representetl by the Fraternal Order of Police William Nichols Lodge No. 8 (FOP), the bargaining
unil represented by the Intema[ional Aswciation of Firefghters QAFF), and the bargaining unit
represented by the Govemment Supervisors Association of Florida/OPEIU Local 100(GSAF). As
a result of the decertification of the Amencan Federation ot State, County, and Municipal
Employees, Local 1554 (AFSCME) and the Communication Workers of America, Local 3178
(CWA), the positions tormedy compnsing the unit represented by these unions are now classified
as "Classifed Service - Other". The positions in "Classified Service - Other" form the remainder
of the Classified Service.
Since terms and conditions of employment, and in particular pay, for unionized positions are
collec[ively bargained, the pay ranges coResponding to the positions within each bargaining unit
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are adjusted through the ratifcation of a multi-year contract. As a result, an orcfinance amentling
Ordinance 789 to implement the bargained for across ihe board pay increase or changes is
perfunctory.
Ordinance 789 was last amended on December 71, 2024, by the adoption of Ordinance 2024-
4681 which OrUinance raised the base pay for positions in the FOP 6argaining unit m reflect
across-the-board pay increases of 3% for each of Ihe three years covered by the agreement
ratifed by Resolu�ion 2024-33400(November 20, 2024), and by the adoption of Ordinance 2024-
4662 on October 30, 2024 which Ordinance raised the base pay for positions in the IAFF
bargaining unit to reflect across-the-board pay increases of 3%for each of the three years covered
by ihe agreement ratifed by Resolution 2024-33349 (November 20. 2024), and by ihe adoption
of Ordinance 2024�680 on December 11, 2024 which Ordinance raised the base pay for
positions in the GSAF bargaining unit to reflect across-the-board pay increases of 3%for each of
the three years covered by the agreement ratified by Resolution 2024-33399 (November 20,
2024).
ANALYSIS
The Ciry must currently change the pay plan, includinq for cost-0f-living increases, by ordinance,
requiring two readings and stnke-throughs to every pay grade and for every change lo the
Compensation Plan since the prior ordinance.
The Pay Plan refers to the grade assigned to each position within the Classifed Service and the
associatetl minimum and maximum pay range. The ClassiFication Plan refers to the inventory o(
job positions within the Classifed Service and the associatetl position grade. Together, the
Classifcation Plan and Pay Plan comprise the Ciry's Compensation Plan. The Ciry Manager may
mainlain and amend the Classifcation Plan while authority to amend the Pay Plan resis with Ihe
Commission.
In kaeping with the legal notice requirements for Ihe adoption of ordinances, in the pasL every
change to Ihe Pay Plan approved by lhe Commission involved the use of strike�hmughs and
undedines to reflect the text amendments. At times, this has caused the proposed ordinance to
take up several pages to incorporate the entire Compensation Plan for the mere purpose ot
adjusting the maximum salary in each range to reFlect the across-the-board pay increase granted
by the Commission. Since the implementation of enterpnse system software, cumently MUNIS,
systematic changes can be easily and eKciently implemented and up to the minute information
conceming positions and pay is readily available.
This updated Ordinance proposes that future changes to the Pay Plan be made by resolution of
the commission eliminating the need for multiple readings and providing for greater efficiency in
the administration of pay for the City's classified employees.
Pav Plan Amendments bv Resolution of the Commission(or Unionized Pos't'ons
Furthermore, as mentioned in the prior section of this Commission Memorandum, pay is a �erm
of employment and a mandatory subject of bargaining. The City generelly negotiates agreements
with a term of three years. That is,pay adjustmen�s are determined for each bargaining unit every
ihree years. Every time the City reaches agreement with each union regarding pay for positions
within the uni[, Ihe Cily is making a legal commitment to budgel suffcient funds to cover pay for
each fiscal year covered by the agreement in the manner agreed to by the parties. The Ciry
ratifes each agreement by resolution of the Commission. Not only does each resolution implicitly
adjust pay for the covered positions but Florida labor law suspends lhe application or enforcement
oF any local law that is in conflict with a duly ratifed agreement That is, to the extent the Pay
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Plan as establishetl by Ordinance 789 is in conflict with any ratifed agreement, the application of
the Pay Plan is suspended untll it is amended. The Ordinance proposes that each rasolu[ion
passed by the Commission ratiTying a collective bargaining agreement simultaneously amend the
Pay Plan for the covered positions.
Pav Plan Amendments bv Resolution of the Commission for Classifed Servicc Others
Generally, for morale, and to maintain pay pariry tor employees in unionized and non-unionized
positions that are not first responders, the Atlministration usualty recommends wst of living pay
increases �or posi[ions classified "Classified Service - Others" consisfent with cost of living pay
increases bargained �or unionized positions.
The Ordinance proposes that future changes to the Pay Plan for positions classifed "Classifled
Service - Others" be made 6y resolution of the commission eliminating the need for multiple
readings and providing for greater efficiency in the administretion ot pay for the Ciry's Gassified
employees.
Codifcation of Curzent Administrative Reaulations and Practices
The balance ot powers between the Commission and Ihe City Manager remains the same. The
City Manager's powere focus primarily on his ability to affect indivitlual salaries (or operational
efficiency, within the(ramework of the Personnel Rules for Classifed Service, and circumscribed
by the Commission's power to aHect overall salanes as a function o(the Commission's authority
adopt a budgel and to retify a bargaining agreement under Flonda's labor law. The enumerated
powers of the City Manager reflect cuvent practices including implementing ba�gaining contract
provisions and affecting pay for classified positions in"Classifed Service-Others",which enables
the Administration to meet current market demands to hire and retain a quality workforce.
FISCAL IMPACT STATEMENT
The adoption of this ortlinance has no fmancial impact.
Dces this Ordinance reauire a Business Imoact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE)was published on: 6I6I2025
See BIE at htt�s:llwww.miamibeachfl.qov/ciN-hall/citv-clerklmeetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
The AOministration recommends the adoption of the Ortlinance, which proposes to codify an
updated Classifed Salary Ordinance and provide for future pay plan adjustments through
resotution rether Ihan ordinance, on frst reading antl set the Ordinance for secontl reatling on
June 25, 2025. The City Administration will propose a companion resolution for consideration at
7545
the June 25, 2025 Commission Meeting which would effeduate cost of living adjustments for
dassified employees in the"Others" category.
Aoolicable Area
Citywide
Is this a"Residents Riaht to Know" item. Is this item related to a G.O. Bond
pursuant to CiN Code Saction 2-177 Proiect?
No No
Was this Aaenda Item initiallv reauested bv a lobbvist which. as defined in Code Sec. 2381
includes a orincioal enaaaed in lobbvino7 No
If so, specify the name of lobbyist(s)and principal�s):
DeDartment
Human Resources
Soonsor(sl
Commissioner Joseph Magazine
CO-6DOI150I(SI
Condensed Title
1025 a.m. 2nd Rdg, Amend 789, Classified Employees' Salary Ordinance. (Magazine) HR
Previous Action IFor CiN Clerk Use Onlvl
First Reading Public Heanng on 5/21/2025- R5 P
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