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HomeMy WebLinkAbout2006-26321 Reso RESOLUTION NO. 2006-26321 A RESOLUTION OF THE MA YORAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA RATIFYING A THREE YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE, FOR THE PERIOD FROM OCTOBER 1, 2006, THROUGH SEPTEMBER 30, 2009, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, the City Manager is herein submitting to the Mayor and City Commission the attached Labor Agreement recently negotiated between the City of Miami Beach, Florida, and the Fraternal Order of Police, (FOP), the bargaining agent certified by the Public Employees Relations Commission (PERC) for the employees covered by said Agreement; and WHEREAS, the previous Labor Agreement was for a three year period from October 1,2003, through September 30, 2006; and WHEREAS, the FOP bargaining unit has ratified the attached Labor Agreement, and the City Manager recommends that the City Commission ratifY and authorize the execution of the Labor Agreement between the City and the FOP Union. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Labor Agreement between the City of Miami Beach and the FOP for the period covering October 1,2006, through September 30,2009, is hereby ratified and the Mayor and City Clerk are authorized to execute the Agreement. CITY CLERK Robert Parcher PASSED AND ADOPTED this6thlay of September ATTES~r p~ APPROVED AS TO fORM & lANGUAGE & FOR EXECUTION ~~I 7/i7~ Date F:\LABO\LABORREL\Labor Relations\Commission Memos\Resolutions\FOP resolution for the 2006-2009 contract.doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution to ratify the three (3) year labor agreement between the City of Miami Beach and the Fraternal Order of Police FOP. Ke Intended Outcome Su orted: Attract and maintain a quality workforce. Issue: Shall the City of Miami Beach ratify the three (3) year labor agreement between the City of Miami Beach and the Fraternal Order of Police? Item Summary/Recommendation: This Resolution will provide FOP Employees with an across the board cost-of-living increase of 6% for the first pay period ending in October 2006; 5% or the first pay period ending in October 2007; and 4% for the first pay period ending in October 2006, and will include the same increases to the minimum and maximum of the salary ranges. The maximum amount of vacation that can be accrued will be increased by 40 hours, and paid out at the time of termination. Additionally, there will be increases to the hourly shift differential of .30/hour for the afternoon shift, and .25/hour for the midnight shift. A new shift (4th shift) will be created from 8:00 pm to 6:00 am with a $1 dollar/hour shift differential for the South District. The uniform cleaning allowance will be increased from $50/month to $60/month for uniformed officers and from $75/month to $85/month for plain clothed officers. The formula used for the City contribution to the Health Trust will be amended to allow a refund to the City in the event the Health Trust over projects actual costs; the sick leave sell back program (up to 50 hours) will be reinstituted for the contract term; the quality of life program will continue for the contract term; the 12 Broward officers currently without take home cars will be afforded a car and no additional take home cars will be provided to any new officers residing in Palm Beach as the five remaining Palm Beach officers leave; and the contract language will be changed to more equally distribute special event overtime. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 $3,312,758.00 COLA - Police Department D 2 $194,110.00 Shift Differential increase 3 $124,800.00 New shift creation 4 $131,760.00 Uniform cleaning allowance increase aSPI Total $3,763,428.00 Financial Impact Summary: Ci Clerk's Office Le islative Trackin Linda Gonzalez, Labor Relations Si City Manager City Manager m ,.., MIAMI BEACH AGENDA ITEM DATE l<1K ?~ -O~ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~ .r{)' September 6, 2006 0 DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA TO RATIFY A THREE YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE, FOR THE PERIOD FROM OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2009, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. ADMINISTRATION RECOMMENDATION: Adopt the Resolution BACKGROUND: On February 3, 2006, the City of Miami Beach and the Fraternal Order of Police (FOP) held the first negotiation session to collectively bargain a new contract. The Administration received direction from the City Commission on the proposals made by both sides through an Executive Session held on April 11 , 2006 and May 10, 2006. The Administration's goals in completing the new contract included: (1) Ensuring fiscal responsibility; (2) Maintaining the ability to recruit the most qualified officers in our workforce; and (3) Retaining our current officers by remaining at the top or near the top in every pay and benefit category and having a contract that is considered equitable by both the Administration and the FOP. To ensure our goals were met, the Administration met with the Budget Advisory Committee (BAC) on May 23, 2006 and discussed the contract proposals. Through the Request for Proposals process, the City also contracted with Maximus Inc. to conduct a Police Department operational staffing and optimization model report. The study consisted of an analysis of the current staffing and assignment levels of the Police Department, including patrol, investigations, and special detail assignments. The recommendations from this study were incorporated into the negotiation process. In addition, the City conducted a detailed salary and benefits survey of eight (8) surrounding municipalities which provided a benchmark for negotiations and confirmed that the City of Miami Beach FOP contract was already currently one of the best available. After five negotiation sessions, negotiators for the City of Miami Beach and the Fraternal Order of Police (FOP) successfully concluded negotiations for a three year collective bargaining agreement. This is the first time in recent history that FOP contract negotiations have been completed prior to the expiration date of the previous contract. Therefore, all employees in the bargaining unit will receive their cost of living increases immediately as outlined in the new contract, and without the need to make retroactive pay adjustments. The early contract completion allows a seamless transition between the old and new contract, enhances employee morale, and accentuates the City's strong commitment to positive labor relations. The FOP membership reviewed the proposed Agreement from July 12, 2006 through July 14, 2006, and ratified the contract with a vote of two hundred forty-two (242) in favor and thirty-four (34) opposed. (Eighty-seven percent (87%) of the voting members were in favor of the proposed Agreement). While negotiators for the City and the Union were obliged to represent the best interest of their respective "clients," the shared goal was to produce an Agreement that was equitable as to competitive compensation and working conditions. The following is a summary of the most significant changes from the previous Agreement. Waaes 1. Cost of Living Adjustment (COLA) The term of the Agreement will extend for three (3) years from October 1, 2006 through September 30,2009. Consistent with the current consumer price index, (CPI), effective with the first payroll period ending in October 2006, bargaining unit employees will receive a six percent (6%) salary increase. In addition, effective with the first payroll period ending in October 2007, bargaining unit employees will receive a five percent (5%) salary increase. Finally, effective with the first payroll period ending in October 2008, bargaining unit employees will receive a four (4%) salary increase. The minimum and maximum of the salary range for each position in the FOP will be adjusted accordingly each year of the contract. (The contract cost forthe three year COLA is approximately $3,312,758). 2. SHIFT DIFFERENTIAL Effective with the first year of this agreement, the shift differential for hours worked between 3:00 p.m. and 11 :00 p.m. will increase from forty-five cents ($.45) per hour to seventy-five cents ($.75) per hour. The shift differential for hours worked between 11 :00 p.m. and 7:00 a.m. will increase from fifty-two ($.75) cents per hour to one dollar ($1.00) per hour. (The contract cost for shift differential for the three year contract isapproximately $194,110). 3. NEW SHIFT CREATION An additional fourth (4th) shift will be added, as an overlay patrol shift for the South District on Thursdays, Fridays, Saturdays and Sundays from 8:00 pm to 6:00 am. This additional shift will enhance police presence and maximize high quality service to the public by providing this additional and necessary staffing for the busy South District during peak activity and calls for service time. Bike patrol is effective to handle the calls in these areas where it is more difficult to respond via a patrol car. A shift differential for the new shift of one dollar ($1.00) per hour is part of the new shift creation. (The contract cost for shift differential for the three year contract is approximately $124,800). 4. UNIFORM CLEANING ALLOWANCE The current uniform cleaning will be increased from $50/month to $60/month for all uniformed bargaining unit members. The uniform cleaning allowance will be increased from $75/month to $85/month for those sworn employees assigned to work in civilian clothes. (The contract cost for the increase in the uniform cleaning allowance for the three year contract is approximately $131 ,760). WAGES SUMMARY Based on current active employees, the estimated additional cost of the new contract is approximately $1,412,066 for Fiscal Year 2006/2007; approximately $1,264,851 for Fiscal Year2007/2008; and approximately $1 ,086,511 for Fiscal Year 2008/2009. The total three year contract cost is approximately $3,763,428. Other Economic and Contractual Aareements 1. AMEND THE FORMULA USED FOR CALCULATING THE CITY'S CONTRIBUTION TO THE HEALTH TRUST ALLOWING FOR A REFUND TO THE CITY IN THE EVENT OF AN OVERPROJECTED INCREASE Currently, the amount paid to the Health Trust (Trust), is based on the Trust's projected cost increase, and is capped by the straight line average increase to the City's five (5) health insurance plans. The new contract adds a provision that requires a refund from the Trust to the City in the event the actual cost increase of the Trust is less than the projected increase. In all cases, the cap on the increase to the Trust from the City remains the same. 2. SICK LEAVE SELL BACK PROGRAM During the term of this contract, the City will re-institute a sick leave sell back program. The purpose of the program is to provide an incentive for Police Officers to use less sick leave time, increase the "show-up rate" thereby decreasing the need for overtime during staffing shortages, and reduces the amount of overtime paid due to sick call outs. In addition, since employees are selling back their sick time throughout the term of the contract instead of at the end of their employment (when the sick time is at its highest value), the overall cost is reduced. The sick leave sell back program would allow the sell back of up to fifty (50) hours each year, as long as the employee retains a minimum of 360 combined sick and vacation leave and meets other necessary requirements as outlined in the program. The maximum number of sick leave hours that may be sold back on each sell back date shall be reduced by one hour for each hour of sick leave the employee used during the applicable annual sell back period (e.g., if an employee uses 10 hours of sick time he is only eligible to sell back forty (40) hours). 3. VACATION CAP There will be an addition of 40 vacation hours that can be accrued and paid out at the time of termination. Currently, the maximum vacation payout at time of separation is 580 hours. The new contract increases the maximum payout to 620 hours. 4. QUALITY OF LIFE PROGRAM The quality of life program will continue for the course of the contract. The goal of the program is to improve the quality of life for our residents by training our Police Officers through a certification program which will include training on community policing, code compliance enforcement and homeless issues. The program may be continued at the discretion of the Manager at the end of the contract term. 5. TAKE HOME CARS Under the terms of the current contract, there are twelve (12) officers residing in Broward County who are not afforded take home cars. Under the new contract, thesetwelve (12) officers would be eligible for a take home car and going forward, a number of vehicles (to be determined by the Police Chief and the FOP and approved by the Manager) will be allocated for Broward County. The take home car program is an important benefit that allows the City to remain competitive in its hiring efforts while also assuring accountability for the upkeep of the police vehicles. In addition, as any of the five (5) current Police Officers with take home vehicles in Palm Beach County leave the City, no cars will be assigned to new Police Officers residing in Palm Beach County. 6. SPECIAL EVENT OVERTIME In order to more equally distribute the overtime associated with Special Events, the contract language will be changed to distribute overtime Department wide, not necessarily restricting overtime to the patrol division only. CONCLUSION: The negotiated contract ensures that the City will meet its goals of continuing fiscal responsibility, hiring and retention of the best officers, maintaining the best pay and benefits available, while providing for an equitable contract for both the City and the FOP members. The Administration recommends that the Mayor and City Commission adopt the Resolution to implement the collective bargaining adjustments negotiated between theCity of Miami Beach and Fraternal Order of Police (FOP) for the period covering October 1 , 2006 through Septem\~~ 30,2009. JMG\RI~ F:\LABO\LABORREL\Labor Relations\Commission Memos\fop commission memo for 2006-2009 contract negotiations.doc