R5B-Amend 1605 Unclassified Employees Salary Ordinance -Wolfson-JOSE SMITH, CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM
TO:
CC:
FROM:
DATE:
Mayor Matti Herrera Bower
Members of the City Commission
Kathie Brooks, lnteri~Si:ty-2M. · .a.ge.r .· ?~~-COND READING
Jose Smith, City A~~6~ --?Pv-;, / 1 ( l ' c"'
January 16, 2013 '·~--~ ·---·-·""
....... ,_ ...
SUBJECT: 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
proposed Ordinances amend and set 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.
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Agenda Item RS"t3
Date J-I fo -13
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,
Modified Option A is the version approved by the City Commission on First
Reading on July 18, 2012 and referred to the Finance and Citywide Projects
Committee ("FCWPC"). This version reflects minor corrective amendments that
add line items for deferred compensation and a vehicle allowance for the City
Manager that reflect the actual benefits received by Interim City Manager Kathie
Brooks. Option 8 is the proposal of the Finance and Citywide Projects
Committee. Modified Option C is the proposal of Commissioner Jonah Wolfson
and the City Attorney's Office.
First Reading Version -Modified Option A
The attached Modified 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
345
the Commission agenda for Second Reading/Public Hearing, but was continued
to December 12, 2012 pending consideration by the FCWPC. Subsequent to the
FCWPC meeting, minor corrective amendments were made to add line items for
deferred compensation and a vehicle allowance for the City Manager that reflect
the actual benefits received by Interim City Manager Kathie Brooks, and a line
item for the City Attorney's city vehicle to reflect actual vehicle benefits received.
Finance and Citywide Projects Committee Version -Option B
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 and City Attorney's Version -Modified
Option C
The Ordinance attached hereto as Option C reflects the proposals of
Commissioner Jonah Wolfson and the City Attorney's Office. This version
provides a salary range for the City Manager and City Attorney and certain
specified categories of compensation.
Conclusion
The City Attorney concurs with Commissioner Jonah Wolfson that
Modified Option C provides both transparency and flexibility and would be more
likely to withstand a legal challenge based on a strict City Charter interpretation.
JS/OT/mmd
F:\.A TTO\SMIJ\COMM!SSION MEMOS\Salary Ordinance January 2 2013.docx
346
MODIFIED 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
GRAD Iii
.26-----tD=~t.e*t~er+~m-ffiin~eftdHb:H.yHt++hee--bCrtt:it,.,...y -
Commissief:l-
GeteffRined by the GH:-y
Gemmissifm-
Grade, Classifications and Compensation for the City Manager and City Attorney
CITY MANAGER BASE SALARY/RANGE $162,916.00 to $263,126.00/yr
DEFERRED COMPENSATION
HEALTH, LIFE &
OTHER
INSURANCE:
347
City pays premium for term life
insurance policy, and for
hospitaHzation. surgical and
comprehensive medical, dental
and vision insurance
VEHICLE ALLOWANCE
PROFESSIONAL
DEVELOPMENT:
OTHER BENEFITS:
CITY ATTORNEY BASE SALARY/RANGE:
GRADE
SECTION 2. REPEALER.
DEFERRED
COMPENSATION:
HEALTH, LIFE &
OTHER
INSURANCE:
CITY VEHICLE
PROFESSIONAL
DEVELOPMENT:
OTHER BENEFITS:
MINIMUM
BIWEEKLY
* * *
Dues and subscriptions as
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,
glanning 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.
2
348
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 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
F:\ATTO\SMIJ\ORD!NANCES\SALARY ORDINANCE CITY MANAGER-CITY ATTORNEY Option A (First Reading}.t!m:x
3
349
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
MJ.NIMUM
~-¥
~-----Getermined by--the--Gty--
~fl-
MAXIMUM
81VVEEKb¥
Getermined by tA-e---G#y
Gemmission
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 Comgensation for the City Manager and City Attorney
*26 CITY MANAGER BASE SALARY/RANGE $162,916.00 to $263, 126.00/yr
350
*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 City Commission may deem in the best interest of the City.
GRADE
* .... *
SECTION 3. REPEALER.
MINIMUM
BIWEEKLY
MAXIMUM
BIWEEKLY
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:
j
Rafael E. Granado, City Clerk
F:\ATTO\SMIJ\ORDlNANCES\SALARY ORDINANCE CITY MANAGER-CITY ATTORNEY Option B (Finance Committcc).docx
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351
MODIFIED OPTION "C"
{COMMISSIONER WOLFSON'S AND CITY ATTORNEY'S OFFICE 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 as follows:
CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS
A. Salary Grades and Ranges
GRADE MINIMUM-
26--DetermiRed by the City
~
MAXIMUM
~
GommissioR
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 1 Classifications and Compensation for the City Manager and City Attorney
26 CITY MANAGER BASE SALARY: $162,916.00/yto $263,126.00/yr
Medical insurance,
Dental Insurance,
352
Life Insurance
457 Deferred
Compensation
Vehicle allowance
Planning Days
Annual Vacation,
Sick Leave,
Floating, and
Birthday
CITY ATTORNEY BASE SALARY:
GRADE
SECTION 3. REPEALER.
Medica! insurance,
Dental Insurance,
Life Insurance
457 Deferred
Compensation
City Vehicle
Planning Days
Annual Vacation,
Sick Leave,
Floating, and
Birthday
MINIMUM
BIWEEKLY
* * *
As provided in
the Unclassified
Employees Leave
Ordinance
$162,916.00/yr to $263, 126.00/yr
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
353
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.
ATTEST:
Rafael Granado, City Clerk
(Sponsored by Commissioner
Jonah Wolfson}
Matti Herrera Bower, Mayor
Date
F:\ATTO\SMJJ\OHDJNANCESI.SALARY OlnJINANCE CITY MANAGER~CJTY ATTORNEY Option C (Commissioner WuiJSnn's
version).docx
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