Ordinance 2025-4741 ORDINANCE NO. 2025-4741
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
VI, ENTITLED "UNCLASSIFIED EMPLOYEES' SALARY ORDINANCE," BY
CREATING SECTIONS 78310 THROUGH 78320 THEREOF, TO CODIFY
AS PART OF THE CITY CODE, AND ADOPT AMENDMENTS TO THE
CITY'S EMPLOYEES' UNCLASSIFIED SALARY ORDINANCE (NO. 1605),
WHICH ORDINANCE ESTABLISHES THE PAY PLAN FOR UNCLASSIFIED
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REFERENCE, TO DELETE ANDIOR REVISE OUTDATED PROVISIONS,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 Unclassifed Employees' Salary Ordinance No.
1605(the "Unclassifed Employees' Salary Ordinance"), originally adopted on September 28,
1966, was last amended on December 14, 2022 via Ordinance No. 2022-4528; and
WHEREAS, the Mayor and City Commission wish to codify the Unclassified
Employees Salary Ordinance in Chapter 78 of the Miami Beach City Code; and
WHEREAS, Unclassifed Employees' Salary Ordinance No. 1605 is hereby
superseded and replaced by Article VI of Chapter 78 of the City Code, entitled "Unclassified
Employees' Salary", which codifes as part of the City Code, and adopts amendments to the
City's Employees' Unclassifed Salary Ordinance, for purposes of clarity and ease of
reference, to delete and/or revise outdated provisions, and to codify existing administrative
practices, 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 Ordinance No. 1605 is hereby repealed in its entirety.
SECTION 2. Article VI of Chapter 78, entitled "Unclassified Employees' Salary" is hereby
created as follows:
CHAPTER78. PERSONNEL
ARTICLE VI. UNCLASSIFIED EMPLOYEES' SALARY
Sec. 78-310. Purpose. It is declared to be the purpose of this Article to provide an
orderlv and fair means for the comoensation of emplovees in the unclassified service of the
Citv of Miami Beach. Florida, on the basis of[he work thev oerform and their competence in
its performance: and to provide an eouitable basis of compensation and reward for merit.
Nothinq herein shall be construed to orevent the withholdinq of pav increases or the reduction
of pav rates for disciolinary ourooses, for fscal resoonsibilitv or anv other qurpose pursuant
to the lawful exercise of the Citv's powers.
Sec. 78-311. Pav plan. Pursuant to this section, the citv commission shall adoot a oav
plan comprised of a schedule of minimum and maximum base salaries for the offces and
positions in the unclassifed service bv Resolution. Subiect to the orovisions of this Article
the citv commission mav thereafter, bv Resolution, amend the pav plan upon
recommendation of the citv manaqer includina bv approvina cost of livinq increases.
Sec. 78-312. Market rate adiustment (MRA). For emplovee positions thal require
special skills. certifcations. or bv virtue of market conditions reouire an uoward adiustment to
pav that exceeds the established maximum of the ranae (i.e. enqineers information
technoloqv, and construction positions), the citv manaqer mav approve a market rate
adiustment to set pav up to 20% above the particular maximum salary ranqe. In determininq
these MRAs an analvsis will be done to determine the apnropriate adiustment to oav wi[h
aporoval by the citv manaqer. The citv manaqer shall have discretion [o determine the MRA
subiect to the maximum supported bv the analvsis. The citv attornev citv clerk and inspector
qeneral shall be responsible for performinq the MRA analvsis and determininq the appropriate
adiustment up to 20% above the maximum salary ranqe for emplovee positions within their
resoective office. Whenever the citv manaqer or respective charter officer implements the
adiustment of up to 20% above the maximum oav ranqe the citv commission will be notified
in writinq.
Sec. 78313. Limitation on increases to individual salaries qreater than salary
ranae maximum. Unless othervvise provided in a ResoWtion adop[ed oursuant to Section
78-311, increases to the minimum or maximum of salary ranqes shall not result in individual
emplovee's salary increases unless the emnlovee's salary is below the minimum of [he
recommended ranqe. Emplovees whose salary is at or over the maximum of the ranae for
their resoec[ive classifications shall have their salaries frozen or red-circled until such time as
their salary falls within the ranqe. Unless otherwise provided in a Resolution adopted pursuant
to Section 78-311, emplovees whose salary exceeds the maximum of the oav ranoe shall not
be elioible for a cost-of-livino increase to oay.
Sec. 78314. Compensation over or under prescribed minimums and maximums.
� The citv manaqer, citv attornev, ci[v clerk, and inspector qeneral each is
authorized to approve rates of compensa[ion less than the orescribed minimum for
empl_oyees within their respective offces whose emplovment is on a part time basis or whose
duties and responsibilities are clearlv less than normallv attached to a position.
jb� The citv manaaec citv attornev. citv derk, and inspector qeneral each mav
authorize comoensation of uo to 10% above current base salary for those emplovees within
lheir respective offices:
i. whose duties and responsibilities are clearlv above and bevond the normal
scooe of oositions within their iob class or
ii. who are required to work substantiallv bevond the normal work hours of
their positions.
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Sec. 78315. Authoritv of citv manaqer: limitations. The citv manaqer is authorized
to establish assiqn and maintain aoorooriate iob classifcations and salary arades for offces
and positions in the unclassified service.
ja� The citv manaqer is further authorized lo:
i. establish a schedule of salaries that are in accordance with the budaet
adopted bv the citv commission for that fscal vear�
ii. arant a one-[ime, non-recurrinq non-pensionable adius[ment of up to 3% of
pav to emplovees whose salary is at or exceeds the maximum rate of oav
for their classifcation if the emolovee's performance is rated [o have
exceeded or siqnificantiv exceeded oerformance exoectations�
iii. chanqe the pav arade of anv oosition:
iv. adiust salaries to comolv with chanqes to federal minimum waoe laws or
other state or local laws mandatina a minimum or livinq waqe:
v. establish and approve additional pav incentives allowances supolements
merit pav, or other comoensation and benefts as the citv manaqer deems
necessary and aooropriate for recruitment and retention�
vi. issue administrative orders. not in conflict with this Article for the purpose of
clarification and administration of this Article:
vii. fx the rates of comoensation of individual emplovees within the limitations
prescribed in this Article:
viii. adiust errors in pav for individual emolovees caused bv computational or
clerical errors in da[a orocessinq.
jb� Limitations. Notwithstandina the orovisions of this Article. the citv attornev citv
clerk, and inspector aeneral are herebv authorized commensurate with the citv manaqer's
authoritv to establish, assiqn, and maintain aporooriate iob classifications and salary ranqes
for o�ces and positions in the unclassifed service as deemed ooerationallv necessary bv the
appropriate charter offcer within their respective offce.
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SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith 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 following the adoption.
/
PASSED and ADOPTED this Z�day of Junt , zoze.
ATTEST:
;UN 3 0 7_02� p ��^�-
`•B ,(even Meiner, Mayor
�........,e�.
� a� . Granado, City Clerk '`.r�� y�'
REGIS BARBOU � ..
, �.IN(adP70AAlE�'
��*,i'`. 31L <�t
(Sponsored by Commissioner Joseph Mag�,tl'is�e',���
APPROVED AS TO
FORM &LANGUAGE . . .
&FOR F�CECUTION : -
� ylr3fs�S"
CityAttomey�p Dace
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Ortlinances- RS S
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: June 25, 2025 1026 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 CITY
CODE, ENTITLED "PERSONNEL," BY CREATING ARTICLE VI, ENTITLED
"UNCLASSIFIED EMPLOVEES' SALARV ORDINANCE," BY CREATING
SECTIONS 78-310 THROUGH 78320 THEREOF, TO CODIFV AS PART OF THE
CIN CODE, AND ADOPT AMENDMENTS TO THE CITV'S UNCLASSIFIED
EMPLOYEES' SALARY ORDINANCE (NO. 1605), WHICH ORDINANCE
ESTABLISHES THE PAY PLAN FOR UNCLASSIFIED CITY EMPLOYEES, FOR
PURPOSES OF CLARIN AND EASE OF REFERENCE, TO DELETE ANDIOR
REVISE OUTDATED PROVISIONS, AND TO CODIFV EXISTING
ADMINISTRATIVE PRACTICES; REPEALING ALL ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; AND FURTHER, PROVIDING FOR SEVERA8ILITV,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends Ihe adoption of the proposed Ordinance to codi(y cuRent
administrative policies and practices and deleting or revising outdated provisions conceming pay
(or the Unclassifed Service, and pmviding that future changes to lhe pay plan be effectuated by
ihe Commission through resolulion rather ihan through ordinance.
BACKGROUNDIHISTORY
Pursuant to the Citys Civil Service System,employment positions in the City are generelly divided
into the Classifed or Unclassified Senice.Ordinance 1605,(rst enacted on September 28, 1966,
with the staled purpose of creating an ordedy means of compensation, established a
Compensalion Plan, comprised of positions and an associated salary range for each posilion
within the Unclassified Service oi the City. Each Commission-approved change to the Ordinance
over the years was made independently and was irregulady codifed Furthermore, since [he
adoption of Ordinance 1605, any across the board pay increases or changes to ihe pay scales
on a classification basis have been made by an amendatory ordinance. Ordinance 1605 was last
amentled on December 14, 2022, by [he adoption of Ortlinance 2022-4528 which Ordinance
raised the maximum pay of the salary range tor all positions in the Undassifed Service to reflect
an across-the-boartl cost-of-living increase of 3% effective in April 2023 and 3%effective in April
2024.
ANALYSIS
The City must currently change the pay plan, includinq for cosl-of-living increases, by ordinance,
requiring lwo readings and strike-throughs to every pay grade and for every change to Ihe
Compensation Plan since the prior ordinance.
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Pay Plan Amendments by ResoWtion of the Commission
The Pay Plan reters to the grade assigned to each position within the Unclassified Service and
the associated minimum and maximum pay range. The Classification Plan refers to the inventory
of job positions within [he Unclassified Service and the associated position grade. Together, the
Classification Plan and Pay Plan compnse the City's Compensation Plan. The Ciry Manager may
maintain and amend the Classification Plan while authonry to amend the Pay Plan rests with the
Commission.
In keeping with the legal notice requirements for ihe adoption of ordinances, in the past, every
change to the Pay Plan approved by the Commission involved the use oF stnkethroughs and
undedines to reflect the text amendments. At limes, ihis has caused Ihe proposed ordinance to
take up several pages to incorporate the entire Compensation Plan for the mere purpose of
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 soflware, currenUy MUNIS,
systematic changes can be easily and effciently 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 hy resolution ot
[he commission eliminating the need for multiple readings and providing for greater effciency in
the administration of pay for the Ciry's unGassified employees.
Codifcation of Cuvent Adminisfretive Regulations and Practices
The balance of powers between the Commission and the Ciry Manager remains the same. The
City Manager's powers focus primarily on his ability to affect individual salaries for operational
effciency, and Ihey are circumscribed by ihe Commission's power to affect overall salanes as a
function o(lhe Commission's aWhority to adopt the budgeL The enumerated powers ot the Ciry
Manager reFlect current prectices on the maintenance of classifications and the settings of salaries
within ihe framework of the appioved Pay Plan for the Unclassifed Service and enahle the
Administretion to aHect pay consistent with curtent market demands to hire and retain a quality
workforce.
FISCAL IMPACT STATEMENT
The adoplion of the ordinance has no financial impact.
Dces this Ordinance reauire a Business Imoaet Estimate7 Yes
(FOR ORDINANCES ONLV)
If applicable,the Buslness Impact Estimate (BIE)was published on: 6I6I2025
See BIE al: httos llwww miamibeachFl aovlciN-halllciNtlerk/meetino-noticesl
FINANCIAL INFORMATION
CONClU510N
The Administration recommends lhe adoption of the Ordinance, whiclan adustmentclhrough
updated Undassified Salary Ordinance and provide for future pay p j
resolution rather than ordinance, on (rst reading and set the Ordinance for second reading on
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June 25, 2025. The Ciry Administration will propose a cnmpanion resolution for consideration at
the June 25, 2025 Commission Meeting which would effectuate cost o� living adjustments for
unclassified employees.
Aoolicable Area
Cllywide
Is this a "Residents Rioht to Know" item. Is this item related to a G.O. Bond
oursuant to Citv Code Section 2-17? ProiecYt
No No
Was this Aaenda Item initialiv reauested bv a lobbvist which aa defined in Code Sec. 2d81
includes a crincioal enoaaed in lobbvinc7 No
It so, speci(y the name of lobbyist(s)and principal(s):
Deoartmant
Human Resources
Snonsor(al
Commissioner Joseph Magazine
Co-soonsorlsl
Condensed Title
1026 a.m. 2nd Rdg, Amend 1605, Unclassifed Employees' Salary Ordinance. (Magazine) HR
Previous Action (For CiN Clerk Use Onlvl
First Reading Public Hearing on 5/21I2025-RS Q
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