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Res. No. 152-08-127490 00** 0 WHEREAS, the City Administration and AFSCME have successfully concluded negotiations on a one year contract; and WHEREAS, AFSCME has ratified the proposed contract. NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the Mayor & City Commission approve the Collective Bargaining Agreement for 2007-2008 between AFSCME and the City of South Miami, and authorize the City Manager to execute the agreement. Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this /A day of 2008. ATTEST: CITY CLERK READ AND APPROVED AS TO-FORM ITY RNEY Mayor Feliu Yea Vice Mayor Beasley Yea Commissioner Wiscombe Yea Commissioner Palmer Yea Commissioner Beckman Yea South Miami All-Amefta City CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER . INTER-OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: W. Ajibola Balogun, City Manager From: Jeanette Enrizo, Human Resources Mana e Date: September 16, 2008 Agenda Item No.:]-00 Request: To approve contract between the City of South Miami and AFSCME Collective Bargaining Union. ReasonlNeed: Attached is the Collective Bargaining Agreement between AFSCME Collective Bargaining Union and the-City of South Miami for fiscal year 2007/2008. The content of the agreement is consistent with prior years, including a three percent (3%) Cost of Living Adjustment (COLA) increase for fiscal year 2007/2008. In addition, the following minor revisions were made to the agreement in accordance with the prior approved ordinances: Article 8, Section 4; the second sentence was deleted per approved Ordinance number: 05- 08 -1940 (Chapter 16A-6 through 16A-9 titled Personnel Board.) Article 9, Section 3, item (11) was revised per approved Ordinance number: 05-08-1940 (Chapter 16A-6 through 16A-9 titled Personnel Board.) This proposed agreement was ratified by the AFSCME members on August 14, 2008. Attached is a copy of the letter from AFSCME confirming the ratification. Cost & Funding Source: N/A Backup Documentation: El Proposed resolution., LJ Letter from attorney confirming ratification. Ll Collective Bargaining Agreement 2007-2008. L1 Personnel Manual Ordinance No. 05-08-1940. iFy R Z AMICAPAL PLOTc- August 15, 2008 AFSCHE Moryida Co-a-aic-11 79 American Feclerotion 6f SWE?, County and'MuTiMpcd Employees, AN,= Mr. James C. Crosland, Esq. Bryant, Miller & Olive One Biscayne Tower 2 S. Biscayne Blvd., Suite 1.480 Miami, Florida -33131 Dear Mr. Crosland: VIA FAX NO.: 305374-0895 & U. S- MAIL SERVICE TOTAL PAGES TWS FAX: - 1-- S-abject-, Contract Ratification Vote by Looal 3294 held on August 14'h, 2008 Please note that A)FSCME Council 79 - Local 3294 hold its contract ratification vote on August 14'h, 2009 from 1500 hrs. until 1600 hrs- One hundred percent (100 %) of all our union members voted yes, irt-favor of the proposed oontact. As soon as your side has the CBA writtem up, our negotiating team can mt(-,t at City Hall to sign the document. yours, for. Doug Baer - president Local 3294 Mr. George Gmne - Sec/Treas. Local 3294 Ms. Josephine LeBeau - Regional Director - AFSCYM Florida Council 79 99 mw. 183rd Street, StAte 224 Eos 'ON North Naami, Florida 33 169 S 10134 MOSAV Te,lephane (305) 651-6617 (800) 277 -14-67 FAX (305) 651-1740 WOO :6[ 8006 'St Dnv EM .FV"=E ,#�'� -C•'� � �-„' ,� �-r`� �'�� r """,`ms�k"3aa'' 'mss � '�xe��s v :f i F. TABLE OF CONTENTS ARTICLES PAGE ARTICLE AGREEMENT 4 ARTICLE RECOGNITION 4 ARTICLE MANAGEMENT RIGHTS 4-5 ARTICLE 4 N{}N-D|SC0K4|NATION 6 ARTICLE 5 NO STRIKES DR LOCKOUTS O ARTICLE O DUES CHECK-OFF 7 ARTICLE 7 UNION STEWARD 7 ARTICLE 8 MAINTENANCE OF DISCIPLINE 8 ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE 8-11 ARTICLE 10 SICK LEAVE 11-12 ARTICLE 11 ANNUAL LEAVE 12-13 ARTICLE 12 FUNERAL LEAVE 13 ARTICLE 13 H[>UO/0'S 13-14 ARTICLE 14 ' " INSURANCE 14 ARTICLE 15 HEALTH AND SAFETY 1415 ARTICLE 16 UNIFORMS AND SAFETY EQUIPMENT 15 ARTICLE 17 WAGES 15 ARTICLE 18 LONGEVITY BONUS 15'16 ARTICLE 19 PERFORMANCE EVALUATION 16 ARTICLE 20 CLASSIFICATION APPEAL 16-17 ARTICLE 21 SERVICES TO THE UNION 17 ARTICLE 22 ' CALLBACK 18 ARTICLE 23 SEyERAB|L|Tf CLAUSE 18 ARTICLE 24 PERSONNEL AND REGULATIONS 18 ARTICLE 25 � COMPLETE AGREEMENT AND WAIVER 18 OF BARGAINING ARTICLE 26 PROHIBITION AGAINST REOPENING 18-19 OF NEGOTIATIONS ARTICLE 27 RULES AND REGULATIONS 19 pi, 3 PAGE 19 19 19 -20 20 21 21 -22 22 23 23 23 -25 25 26 TABLE OF CONTENTS ARTICLES ARTICLE 28 EMPLOYEE AND UNION COOPERATION ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE ARTICLE 30 OFF DUTY EMPLOYMENT ARTICLE 31 DRUG AND ALCOHOL TESTING ARTICLE 32 COURT TIME ARTICLE 33 LAYOFF AND RECALL ARTICLE 34 REPRESENTATION DURING NEGOTIATIONS ARTICLE 35 EMERGENCIES ARTICLE 36 LABOR MANAGEMENT COMMITTEE ARTICLE 37 PENSION BENEFITS ARTICLE 38 WORK IN HIGHER CLASSIFICATION ARTICLE 39 TERM OF AGREEMENT 3 PAGE 19 19 19 -20 20 21 21 -22 22 23 23 23 -25 25 26 ARTICLE I AGREEMENT Section 1, This Agreement is entered into by the City of South Miami, hereinafter referred to as the City, and the /\nle[kcaO Federation of State' County and Municipal Employees, AFL-C|0. City Employees Local 5294. hereinafter referred to as the Union. Section 2: It is the purpose and intention of this Agreement to provide for aa|ahes, fringe benefits and other terms and conditions of employment except as otherwise provided by Constitution, Statute, Charter, Ordinance, Administrative Order or Personnel Rules and Regulations. It is further the intention of this Agreement 'to prevent interruption of work and interference with the efficient operation of the City of South K8iorni and to provide on orderly, p[onnpt, peaceful and equitable procedure for the resolution of grievances and the promotion of harmonious relations between the City ofSouth Miami and the Union. Upon ratification, the provisions of this Agreement will supercede Personnel Rules, or. Administrative {][de[S' and/or other rules and regulations in conflict herewith. ARTICLE 2 RECOGNITION The City hereby recognizes the union as the exclusive bargaining, representative of all regular, full time employees employed as equipment operators, |aboFers, sanitation engineers and sQpenvisons, custodial workers, parks and grounds workers and supervisors, maintenance workers and supervisors, paint and body workers, building maintenance workers and supervisors, maintenance mechanics and supeRjmons, carpenters, and motor equipment operators and code enforcement officers employed by the City of South K4iG[ni, but aXn|UdiDg all secretarial employees, professional employees, managerial employees, and confidential ARTICLE 3 MANAGEMENT RIGHTS Section 1: The Union recognizes that management possesses the solo right, duty and responsibility to operate and manage the City and direct the vvod{ force; and the h0htS, aUthorUv, and discretion which the City deems necessary to Carry out KS responsibilities and missions shall be exercised consistently with these baKmS. Any term and condition of employment other than wages and benefits not specifically established or modified by this Agreement shall remain solely with the discretion of the employer to modify, establish or eliminate, provided such are exercised consistently with the provisions of Prevailing Benefits, as provided in the current Personnel Rules and Regulations, adopted February 05, 2008. Section 2: These rights and powers include, but are not limited to the authority to: a. determine the missions and objectives of the City; b. determine the methods, means and number 0fpersonnel needed to carry out departmental responsibilities; C. direct the work of the employees, determine the amount and type Ofwork oeeded, and in accordance with such determination relieve from duty because of lack of funds nr lack ofwork; d. discipline ordischarge employees for cause; e. schedule operations and shifts; f. introduce new or improved methods, operations and facilities; 9. hine, examine, classify, pnDnnota' train, transfer and assign employees; h� schedule and assign overtime work @arequired; i. determine the utilization Vftechnology; j merge, conSDiidatw, expand, or curtail or discontinue temporarily or permanently, in vvhO|e or in part, operations whenever in the sole discretion of the City, rnah8a iO� good business judgment such curtailment ordiscontinuance advisable; K. contract or subcontract any existing or future vvOrh; |. the City will make every effort to notify the union. of the contracting out or privatization of service involving classes within the bargaining unit within OO days after the City decides to contract out or privatize services. The City shall furnish the union a copy of any Request for Proposal (RFP) to contract or s��m' privatize . M. reduce, assign, or cease any existing kjob covered in the current Personnel Rules and Regulations; n. dmhsnDinm whether and to what extent the work required in its operation shall be performed by the employees covered by this Agreement. I ARTICLE 4 Section 1: It is agreed that there shall be no discrimination against any employee covered by this Agreement, by either the Union or the City because of rBce, color, oeX` age, national origin, religion, disability, sexual orientation, membership in the Union, or non- membership ih the Union. The parties further agree that the City may take any and all action in order to fully comply with the Americans with Disabilities Act. Section 2: All employees Covered by this Agreement ah@|| have the right to join the Union as well as the right not to 'niO the Union. Neither Union Our its members or agents shall interfere with, restrain, or coerce employees into membership in the Union. The Union and the City shall not discriminate against any employee because of that employee's membership or lack of membership in the Union or by virtue of the employee holding office or not ho/ding Office in the Union. ARTICLE 5 NO STRIKES OR LOCKOUTS Section 1: There will be no ethkes, vvoh( stoppages, picketing while VvnddOg or while in City uniforms, s|ovvdoVvnn. boycotts, or concerted failure, or refusal to perform assigned work by the enlployeee�coVeRed under this Agreement for any reason whatsoever, and there will be no- lockout by the City for the duration of this Agreement. The Union suppOits the City fully in maintaining efficient operations. Section 2: It is recognized by the parties that the City is responsible for and engaged in activities which are the basis of the health and welfare of the citizens of the City and that any violation of this Adiu|m VVOU|d give rise to irreparable damage to the Qty and the public at large. AocordiOg|y, it is understood and agreed that in the event of any violation of this Article, the City ShB|| be entitled to seek and obtain immediate injunctive relief. Section 3: |nfo0nahoO8l picketing is that picketing permitted solely for the purpose of conveying to the general public the Unionn'posiboOin the labor dispute. Section 4: In the event of a strike, work stoppage or interference with the operation and/or accomplishment of the mission of the CUv. the Union shall promptly and publicly Order the employees to return to work and attempt to bring about a prompt RaeUnnptioD of normal 1141 DUES CHECK-OFF Section 1: Upon receipt of@ lawfully executed written authorization from an employee, 'the City agrees to deduct the regular Union dUae of such employee from his regular pay and R*[Oit such deduction to the duly elected Treasurer of the Union within thirty /30\ days from the date of deduction. The Union will notify the City in writing thirty (30) days prior to any change in the regular Union dues structure. Section 2: An employee may revoke his/her Union dues deduction in accordance with Florida Law 447,303. Section 3: The Union agrees to indemnify and hold the City and any of its agents or Commission members harmless against any and all o|ai[no, eUbs` Onde[e O[judgments brought or issued against the City as @ result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 7 UNION STEWARD Section 1: The Union has the right to select an employee from within the Bargaining Unit, as herein defined, to act as Union GtSVvanj. The name of the Union Steward and alternate -deskqOee shall be oertified; in vVr�ng-,�.ta-the City Manager- hv"the-.Unkrre�`|t�isr and`'"'.�' underatmod by the parties to this Agreement, that the Union Steward may, without loss of pay, with prior approval of his supervisor, process grievances. The supervisor's approval nh8U not be unreasonably withheld. |tis agreed to and understood bv the parties to this Agreement that there shall not be more than one (1) Steward and one (1) alternate Steward within the Bargaining Unit, as herein defined. It is agreed to and understood by the Union that the Union Steward e he|| pnzc8oe grievances and conduct his/her other duties in such a manner that does not disrupt normal City activities, vvn[k production and services. Section 2: Every effort will be r0Gde, by both the City of South Miami and the Union, to 3UDvY the Union Steward to investigate grievances as rapidly as possible, preferably on the oarno date as the grievance bmconnwo kDoVvD. and within at least twenty-four /74\ hours. The investigation of o pending grievance or personal contact of the employee during work time by the Union Steward shall not be done without first receiving prior approval from both employees' super-visors. Approval shall not bB unreasonably withheld. Section 3: In no event shall the department layoff, discharge, or discriminate against a Steward for action taken in the performance of his/her duty an a Steward. 7 MAINTENANCE OF DISCIPLINE Section 1: Whenever itia alleged that an employee has violated any rule, regulation or po|7cy, or upon the ' discovery of the violatishall on, the employee shall be immediately notified by his/her supervisor ofsaid violation. Every effort shall be made to have an informal discussion with the employee prior to the issuance of any disciplinary action. Section 2: There ahed| be no Performance Report, Evaluation Statement, or Reprimand placed in an em personnel folder unless the employee has been given @ copy at the same time it is placed in the file. Section 3: All matters concerning discharge and discipline are to be resolved only in accordance with the procedures set forth below. It is specifically agreed and understood that probationary employees shall have no right to challenge disciplinary action. Section 4: An employee may choose to appeal the discipline as provided in Section Five (5), only one /1\ procedure is applicable. Section 5: if the grievaRGe pF9Ged1-1FP- is GAA-seR. The grievance steps contained in p"'~Aftnke-1 (9) shall be` uhUZe6 first. The"ernoloveez>pgenbuatkon may then appea�anv'deuksiorc of-~�*��~' the City Manager by submitting 8 written request to arbitrate within five /5\ working days after receipt of the City Manager's written decision. ARTICLE 9 Section 1: In a mutual effort to provide o harmonious working relationship between the parties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties and that such procedure shall cove[ AhemaDmaa involving the application or interpretation of this Agreement. Section 2: Even/ effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Artide, his/her grievance shall be considered conclusively abandoned. Any grievance not answered by management within the prescribed time |inndo ohoU automatically advance to the next higher step. Section 3: Grievances shall be presented in the following manner: dl- 1. The employee shall first take Up his/her grievance with his immediate supervisor /i.e.' supervisor excluded from the Bargaining Unit) within ten U[A business days of the occurrence of the event (n) which gave rise to the grievance. This first step (between the employee and his immediate supervisor) shall be on an informal and ong| baain, and may involve the Employee Organization ' or any other representative of the employee; 2. Any gheVance, which cannot be satisfactorily settled with the immediate xupen/inor, shall be nadUo*d to writing' bythe employee and shall next be taken up with his Department Head. Such grievance shall be presented to the Department Head, in vvhtinQ' within ten MD\ business days of the deadline date for the completion of Step (1). The Department Head shall, within ten (10) business days after presentation of the gheVonms (or such longer period of time as is mutually agreed upon), render his decision on the grievance in 3.|nthe event the employee is not satisfied with the disposition of the grievance in Step (2), he shall have the right to appeal the Department Head's decision to the City Manager, or his deoignee. within ten /10\ business days of the issuance of the Department Head's ' � decision. Such appeal nnUnt be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee. The employee may also opt to have the, representative ,zf~1he` -Ern o{myee _--orQanizatopr`to request..,., -that the'`F}enartpm:ent-zHaad�~ /�*�'',~~' decision be reversed or modified. The City Manager, or his dmsigOem, shall within ten /10\ business days of the appeal (o[ some longer period as is [nUtUai|y agreed upon) render his decision in writing, with 8 copy tothe Employee Organization. 4: Where a grievance is general in nature in that it applies t0 G number of e0p|oyeesradherthaDaainQ|eempioyee.o[iftheghmwanoeisdi[eot|yb*tmeeDtheErnp|oyee Organization and the Chv' such grievance Sh8U be presented in writing directly to the Department Head within ten (10) business days of the occurrence of the event (s) which gave rise to the grievance. The grievance shall be signed by the aggrieved employees or the President o[ representative ofthe Employee Organization. Th8naafter, the grievance shall be processed in accordance with the procedures set forth in Step (2) and Step (3). 5: Grievances or onOlp|8inta involving discharge, suspension, demotion or other disciplinary action invoked by the City, shall be appealable only through the procedures set for-th in the Maintenance of Discipline Article. I f: |V the event agrievance processed through the grievance procedure has not been resolved at Step 0' either party may request that the grievance be submitted to arbitration within fifteen (15) business days after 'the City Manager, or his designee, renders a written decision oO the grievance. The arbitrator shall be any impartial person mutually agreed upon by and between the parties. However, in the event the parties are unable to agree Upon said impartial arbitret0r, the parties shall jointly request the American Arbitration Association to furnish a panel of five (5) names from which each party shall have the option of striking two (2) names in alternating fashion, thus leaving the fifth /5th\ which will give a neutral O[impartial arbitrator. 7: The City and the employee (or the Employee organization) shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration haahOg, and the arbitrator, thereafter, shall confine his decision to the particular grievance thus Specified. In the event the pedina fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step /2U of the grievance procedure. The arbitrator shall have no authority to change, amend. add to. subtract from, or otherwise alter or supplement this Agreement, or any part thereof or amendment thereto. The arbitrator shall ^`hBvg`nO\a.thohhrtlo`�CoOsideT"or^ rule 'Wpo-n^anyTnatteF which- hs�'stated'iO 'this ��gneern`eHY�na��m~'=='~~`~~- be subject to arbitration or which is not a grievance as defined in this Agreement; nor nho|| this collective bargaining agreement be CDOSt[Ued by the arbitrator to eupercede applicable laws in existence at the time of signing of this Agroement, except to the extent as specifically provided herein. 8: Consistent with the provision of the Florida Public Employees Relations Act. Chapter 447, et seg., it is 0Utue|h acknowledged and agreed that this collective bargaining gQneeFnant shall be administered within the amounts appropriated by the Qb/ Commission for funding of the collective bargaining agreement. AccordiDg|y, and not withstanding any other provisions of this collective bargaining agreement, the arbitrator shall have no authority, power, or jurisdiction to construe any provisions of |Bvv, otatUte, ordinance, resolution, rule or negUiahoO, or provision of this collective bargaining agreement to neoV|t iO, obligate, or cause the City to have to bear any expense, debt, cost or liability except for the expense of arbitration, by both parties, and the economic benefits provided by this Agreement, which result directly or indirent|y, in the City exceeding the amounts appropriated and approved by the City Will Commission for the funding of this collective bargaining agreement as agreed upon by the parties. Any such award which contravenes or is not in compliance with the provisions of this paragraph shall be null and void. 9: Each p@dv shall bear the expense of its own witness (es) and of its ovuO representatives for the purpose of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bearthe cost of such transcript unless both parties mutually agree to share said cost, 10: The parties shall make their choice of the impartial arbitrator within ten (10) business days after the receipt of the panel from the American Arbitration Association. Copies of the arbitrator's award made in accordance with the juhscUobnn and authority under this Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding oD the parties. 11: No probationary employee shall be entitled to utilize 4,*e, the grievance/arbitration procedure herein on any matter- involving disch3rge, euspeOaion, demotion or other disciplinary action. APT/r/1= In Section 1: The City agrees to institute a nick leave reimbursement p|on, which vvoU|d nsirnbUnse employees for unused Sick leave when they retire or reSign, in accordance with the following schedule: Date nf hire to five (5) years of service ..... ............................................. ....... 0% Five (5) years to ten (10) years of service ................... ......... ......................... 25% Ten (1[) years tofifteen (15) years of service ---------------..5O% Fifteen (15) to twenty CZO\ years of service ...................... —..................... ... 75% Over twenty (2O) years of service .... ........................ .............................. .... 1OO96 Section 2: Sick leave is o protection to be used by employees when needed for illness. Sick leave in not a benefit to be used at the employee's discretion as though it were aOOUa| leave; rather, sick |eowm is 8 phvi|ege, which shall be allowed only in o cane of illness. The employee must specifically request sick |em/e-uae. Section : Current employees will be eligible to receive the sick leave payout, with the existing cap of 600 hoUFa' for the term of this Agreement. Employees who are hired on or after October 1, 1995' will not be eligible tOreceive any sick leave payout. 11 Section 4: Effective October 1, 1895, employees will be allowed ho accrue sick leave iD excess of the 600 hours cap. Nevertheless, the sick leave payout will be governed by Section (3) of this Article. Section 5: All current employees, as of October 1' 1995, will retain current payout provision upon termination of ernployrn*nt and will have no cap on sick accrual. All employees hired after October 1, 1995, shall receive no sick leave payout upon termination, but will have a "n DlaxirnUOn on sick leave accrual. All employees who have attained a sick leave balance of a Dlini0U[n Of 30 days (288 hours) shall be eligible on their first anniversary date following that accumulation to convert up to 32 hours of their annual unused sick leave balance iO excess of2O8 hours to vacation leave. An employee 'who uses in excess of32 hours nfsick leave during a one-year period will not be eligible for this benefit. Section 6: Effective October 1, 2001` employees covered under this Agreement shall be eligible to receive an additional day off for not using sick leave during that calendar year, ARTICLE 11 FAImmung Section 1: Employees shall earn and receive annual leave ed their respective classified rate of pay in accordance with the following schedule: —''`�:+~`^ Amount of Vacation Leave One to five years inclusive 12 working days Six bo fourteen years inclusive ^ 15 working days Fifteen bo nineteen yq8[5inclusive 18 working days Twenty years and over 21 working days Section 2: No vacation pay shall be allowed until an employee has worked at least one (1) continuous 12- month period. Ad the end of the 1Z-month period, the employee shall be entitled to twelve (12) working days. Section 3: It shall be mandatory for each employee to use all earned vacation time each year, on or before his next anniversary date. Everything over that will be cancelled. Under exceptional circumstances and upon written request within the year in which the vacation in due, and with the approval of the City manager, vacation time may be extended for one year only. Section 4: Vacation leave may be taken to the extent that it is earned by an employee, only with the prior apD[oV8 of the department head, upon written application bv the employee in advance, and at the convenience of the City. l% Section 5: Any earned and credited vacation leave to the credit of an employee when terminating employment with the city will be paid pro-rata at the employee's current rate of pay with the last paycheck received. ,Section 6: Any employee covered by this Agreement who has over twenty years of uninterrupted service shall accumulate one additional day of annual leave per year of service, ARTICLE 12 FUNERALLEAVE 1. Employees covered by this Agreement shall be entitled to funeral leave with pay up to e maximum of four (4) work days in the event ofa death in the employee's family. Two (2) additional days of leave may be granted if travel is out of state. 2. The immediate family shall be defined as wife or husband, domestic partner, grandparents, paPeOtn, children, grandohikjR*n, brothers, sistens, father-in-law, rnmthepi*18vvs` brother-in- law and sister-in-law. 3. Proof of death in the immediate family in the form of death certificate or public obituary must be provided to the City Manager Or their designee before compensation ieapproved. 4. Funeral leave shall not be charged to ejCk leave or 3ODUa| leave. ARTICLE 13 HOLIDAYS Paid HolidaVs are: January New Yea/SDay 3rd Monday iOJanuary Martin Luther King Day 3'~ Monday iDFebruary Presidents Day Last Monday iD May Me[nn[ie| Day July Independence Day 1ot Monday iOSeptember Labor Day November 11 Veteran's Day Last Thursday iONovember Thanksgiving Day Friday following Thanksgiving Day 1/2 December 24 Christmas Eve December 25 Christmas Birthday After one year ofservice Floating holiday After one year ofservice When a holiday falls on a regularly assigned day off for an employee, such employee shall be compensated by another day off. When a holiday falls on a Sunday, the following Monday shall be observed and when it falls on a Saturday, the proceeding Friday shall be observed. 13 Each employee shall be entitled to a day off, with pay, for his birthday each year, foUovvng one year ofcontinuous employment. The day off isto betoken within a reasonable time and will be determined by the 5Upe[VisO[ and employee. Approval/denial of the requested day off shall not he made in an arbitrary and capricious manner. Each employee shall beentitled to@ day off, with pay, asa floating holiday each year, following one year of continuous employment. The supervisor must approve the day off. In order to be eligible for holiday pay, the employee must work the scheduled workday before and the scheduled workday after the holiday. ARTICLE 14 HEALTH INSURANCE The City agrees to pay for HMO health insurance for all employees covered by this agreement. Employees wanting the optional P{JS u[PPO health insurance will pay the dhTenanma between the two plans. The City will also continue the current levels of coverage for dente. life and disability insurance. The employee agrees to pay for 100% of dependent coverage for health and dental insurance. ARTICLE 15 HEALTH AND SAFETY - ---- ' The parties--agree thot it isin the best interests of-the City-and its-employees to provide safe and sanitary working conditions. The City and the Union insist on the observation of safe rules and safe procedures by employees. Failure of employees to comply may result in disciplinary action. |faD employee believes heis being required to work under life threatening unsafe conditions or in 8 situation vVh8Fe 8 serious safety violation exists, he shall immediately notify his supervisor who will investigate the condition and take appropriate action, if necessary. Section 2: Safe Driving Awards. Any employee covered bv this Agreement who drives or operates motor equipment twenty-five percent of the time in the performance of their duties shall be eligible to receive G safe driving 0e[thio8te and a $25 bonus in December if the foUnvvnO criteria is met: Must have OO preventable 8Cokjenta/Vn|abonn or chargeable accidents within that calendar year. Employees shall be held accountable for accidents that are found to be preventable. The City Manager or designee shall determine whether accidents were Section 3: An employee shall receive a copy of the DD the Job Injury Report after the report has been read to the employee and after the employee has signed the report. Neither the City, Union nor any individual employee ah8U refuse to report an injury nor dissuade an employee from reporting an injury. ARTICLE 16 UNIFORMS AND SAFETY EQUIPMENT Section 1: Safety Equipment. Employees of the Public Works Department shall be issued two (2) pairs of safety shoes per man for use at work each year. |n addition tosafety shoes. the following safety equipment shall also be used by unit employees: safety gloves, eye goggles, safety vests, life vests /bOaU` hand hatS, safety h@rDeSoes, and safety belts (vehicle). Employees who sign for and receive safety equipment shall use itiD asafe manOer, as directed by the Public VVD[kG DiF8[tO[ Employees are responsible for using safety equipment properly. If an injury occurs because an employee did not use safety equipment proper|y, the ennp(Vyee may bedisciplined. Section 2: Uniforms: Each employee shall receive four W\ pair of pants, ten (1O)work shifts, per person each year. Section 3: Gloves- Each employee shall receive two CD pairs of gloves per year. In extreme circumstances, the Public VVo[hS Director will determine if the employee requires an additional pair during the year. ~The�C` �shcN|isaue*ajaoketofqOehtt/'ooDlpa[abketo-thot-uaed- cdice-~'`'�- Department to each employee covered by this Agreement. Furthermore, safety shoes will be replaced as necessary to maintain safety standards of the Department. ARTICLE 17 WAGES All bargaining Unit employees who are employed in positions covered by the unit on the date this Agreement is ratified by the City Commission shall receive the following: All bargaining unit members shall receive a three percent (3%) across the board COLA increase for Fiscal Year 2007/08 retroactive to October 1, 2007. ARTICLE 18 EOnD|oymem covered by this Agreement with 10 years of continuous satisfactory full time service shall receive g longevity bonus of'3% of the employee's bane salary on their anniversary date (Longevity 1). After 15 years of continuous satisfactory full time service an additional 3% will be compounded (Longevity 2). After 20 years of continuous satisfactory full 15 time service an additional 3% will be compounded (Longevity 3). After 25 years of continuous service with the [ity, all bargaining unit employees who are employed in positions covered by this Unit shall receive an additional longevity o1ep, which is 3% of their salary compounded (Longevity 4). ARTICLE 19 PERFORMANCE EVALUATION During the term of this Agreement, all employees shall be evaluated on their anniversary date (or as close thereto ospossible ItiS understood and agreed that nnemployee covered hereunder shall receive a merit wage odiustmert. which VvDu|d bring him above the top of. the salary range in his/her job classification. All newly hired employees will have a one year probationary period. Should an employee covered hereunder reach the top of the salary range in his job clossifiCatioD, he shall be "red-lined" and shall not be eligible for a merit increase. All employees who are eligible to receive a merit increase (i.e., who are not at the top step of their classification) and who receive a satisfactory (or above) 8V8|UatioO DD their anniversary date shall receive a merit increase of five . /\nv employee an overall . - evaluation of i0pmv 0etOeeded or unsatisfactory shall Dot, at that time, receive a merit increase. Said employee shall be reevaluated within no more than ninety (gO) days from the -first-evaluation: 'tf-th8�, :is:-fOun-d~to be'mGtisfaotory etthat'bme,--,th-ezernpkovee 8haU�':,:�..:� receive the merit increase aaof the date ofthe second evaluation. All OeYvyhiFed employees will be given an interim 8va|UBtk}O after six (G) months. The anniversary date for future evaluations shall be changed to the date of the SeCOOd evaluation. In the event that the employee Ra0@ima unsatisfactory after the second evaluation, the City K8aD8ge[ may take such further action, aait deems appropriate to improve the evaluation. |D the event that aDemployee is dissatisfied with obelow satisfactory evaluation, the employee may, within five (5) working days of receiving his evaluatioD, file oVvrittmn appeal tOthe City Manager. The City Manager ohoU hold @ meeting with the employee and 3 union representative if desired and shall thereafter issue his decision. The City Manager's decision shall be final and binding and shall not be subject tnreview. ARTICLE 20 CLASSIFICATION APPEAL Section 1: Whenever an employee has r88SOD to believe that he/she is rniaok]osified, he/she may apply for a review of his/her classification by submitting such a request in writing to his/her department head. The request shall include proposed job description. Within 20 16 calendar days of recelipt nf the request, the department head shall forward the request, with any comments that the department head wishes to make, to the City ` K8anmQe[ Section 2:, Within 30 days of receipt of the request for reclassification, the City Manager shall meet with the employee /aOd, if the employee requests, a representative of his/her choosing). At the rneetiDg, the employee may produce any dVoVrneOto to support his/her request for reclassification. Within 30 calendar days of such meeting, the City Manager shall render his decision in writing. Section 3: If the City Manager determines that an employee is nlisdaSSifiod, the employee shall be placed ina current appropriate classification (as determined by the City MaOoQmh, uN*oa the City Manager determines #7ct there is no existing appropriate classification. In such cases, the City Manager shall recommend to the City Commission that a new c|asSifkc8tnn, job description, and pay range be adopted. In the event that 8 request for reclassification is granted, the employee shall receive the new compensation beginning with the date of the City Manager's decision. Section 4: The City Manager's deciSiDD shall bm final and ia not grievab|e. Section 5: Employees may not submit a request for reclassification more than once every twelve (12) months. SERVICES TO THE UNION Section 1: The City agrees to furnish the Union, once a year, one copy of the following regarding employees iO the bargaining unit: G\ Naniea. 3ddnssnes, d8aaUio8toDS, and social security numbers; and b\ List of employees byoccupation. Section : The City will furnish the Union with sufficient bulletin board space for upto four (4) Union notices, size 8-1/2X 14 at the following two (2) locations: Public Works and the employee lounge. it is intended for the purpose of interpretation that the bulletin boards shall be provided primarily for employee information and internal communications and not for the primary purpose of communicating with the general public. The Public Works Director [Duet first approve anything that the Union wishes to post on the bulletin board. ARTICLE 22 17 CALL BACK Employees called back towork shall Leguaranteed a min' Umof three 8\ hours pay, of which shall be considered hours worked for the purpose of determining overtime cornpenSat|on, providing such work does not immediately precede or immediately extend the ennp|Vyees regularly assigned work shift. ARTICLE 23 SEVERABILITY CLAUSE Should any provision of this collective bargaining agreement, or any part 'thereof be rendered or declared invalid bv reason of any existing or subsequently enacted legislation, O[by any decree of a court of competent jurisdiction, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration ofthis Agreement. ARTICLE 24 PERSONNEL RULES AND REGULATIONS The Personnel Rules and Regulations of the City nf South Miami on published iD the City's Handbook dated and adopted February 5, 2008 are hereby incorporated into this contract in its entirety. ARTICLE 25 AND- WAIVER -OF -BARGAINING - ' Section 1: It is agreed and understood that this Agreement constitutes the complete understanding between the parties, concluding all collective bargaining during its term, except as may otherwise be specifically provided herein. The entire Agreement may be reopened for negotiations in the event any portion ofitie not approved by the City CornOlieSioO of South Mianni, or funds are not available for its implementation. Section 2: It is understood and agreed that if any pad of this Agreement is in conflict with mandatory Federal or State Lamm or mandatory provisions of the City Charter or 0rdiDaOcee, such parts shall be re-negotiated and the appropriate mandatory provisions shall ARTICLE 26 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS Except as specifically provided herein, neither party hereto shall be permitted to reopen or renegotiate this Agreement o[ any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, 119 and all other matters, which have beeO, or could have been negotiated by and between the parties prior to the execution of this Agreement. A PT/('l r-)7 RULES AND REGULATIONS Section. 1: It is agreed and understood that the City has Rules and Regulations governing employment. Said Rules and Regulations shall be formulated, amended, revised and implemented in the sole and exclusive discretion of 'the City, provided, however, that said new, amended, reVined, and implemented rules or regulations will be neither arbitrary nor capricious. Section 2- The City shall provide a copy of any new rule or regulation, as well as any amendment or revision to a [uka or regulation to the Union. Said rules or regulations will be provided prior to their effective date, if possible. As provided in Section 1, the Rules and Regulations will be formulated, amended, revised and implemented iO the sole and exclusive discretion of the City. However, the Union may submit 8 written request to bargain over the impact of the new and/or revised rU|B or regulation within mjthiD foUeen 4\ calendar days from .receipt of the rule or regulation, The City agrees that it will immediately participate in requested impact bargaining, provided that the effective date of the and/or revised rule or - �RsgU|sdioO^vvU|~Oot'berde|8yed,unti|' after the complication of impact bargaining.`-.'�"~�` ARTICLE 28 The Union agrees that it and all of the members of the bargaining unit will, at all times, work in the best interests of the City and further, will perform efficient work and put forth their best efforts toward obtaining kzvveat possible operating costs to protect the properties and serve the best interests of the City and its residents. ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE If an employee abuses vehicles or equipment, the employee will be subject to discipline in accordance with the Discipline policy. ARTICLE 30 OFF DUTY EMPLOYMENT Employees nh@U be permitted to work off duty jobs with the prior approval of the City Manager. Off duty jobs that have hours that conflict with the employee's regular shift, that lD present conflicts of interest et:. shall not be approved. HovveVe[, approval of off-duty employment shall not be unreasonably withheld. APT|OF�1 DRUG AND ALCOHOL TESTING Section 1: The City and the Union recognize that employee substance and alcohol abuse has an adverse impact on City government, the image of City emo|oyees, the general health, welfare and safety ofemployees, and to the general public at large. TheFeform, it is in the best interest ofthe parties to negotiate over the aUbkectof drug and alcohol testing. Section 2: Using, selling, possessing or being under the influence of drugs or controlled substances while at work is prohibited. Employees are further prohibited from consuming alcohol and drugs 0D duty and/or abusing alcohol and drugs off duty to the extent that such use and/or abuse tends to have an effect upon the performance of their job functions. Section 3: The City may require any employee to submit to a blood analysis, urine anoknaiS` and/or intoxalyzer, when it has a reasonable suspicion that an employee is under the influence of or using alcohol, drugs or narcotics and/or when an employee -is involved in an accident (i.e` automobile or other i 'um). Section 4: All bargaining unit employees covered by this Agreement have agreed to `subDlit'to�randoOldpugfesta Employees mjUYbe°mek�oted' at. nandonn'and Vv�hn��'p��r�==~~='"�=~ notification for alcohol and drug testing. Random drug testing may ocoDrnot more than twice per employee per year. Section 5: The parties agree that an employee's refusal to submit to drug or alcohol basting in accordance with the provision of this Article may result in disciplinary action being taken against the employee upto and including dienniss@i Section 6: At the conclusion of the drug and alcohol testing, the City may take whatever action, if any, it deems appropriate. |n the event that said action isin the form of discipline, the employee may grieve said disciplinary action through the contractual grievance/arbitration procedure. Section : K ia further understood and agreed that all issues pertaining to Drug and Alcohol Testing shall be governed bv City of South Miami Drug and Alcohol Policy and Personnel Rules and Regulations adopted FebruarV 05, 2008. 20 ARTICLE 32 ' Any employee who is subpoenaed to testify at a court trial in a matter arising out of the per-formance of his/her official job duties, or who is required to serve on a State of Florida or federal court 'ury, will be O8kj his/her straight time [ate for each scheduled work defy |ost. minus any compensation received from the court or witness fees. Employees released by the court shall report back to work, unless they are relieved within two (2) hours of the end of the employee's shift. Upon return to work, employees shall furnish evidence of time release tothe Finance Department. A -r/rI F: 1�v LAYOFF AND RECALL Section 1: A layoff shall be deemed to have occurred when the City, within its sole discretion, announces that it is laying off employees for lack of work, or lack of funds. Section 2: The City agrees tm notify the Union of the names Of employees being laid- off at the same time notice is provided to the affected employees or immediately thereafter. Section 3: Employees tobe laid off shall be given st least fourteen (14) calendar days notice of the layoff, or shall be given wages in lieu of notice, or a combination thereof. erorhks-deogoee` shall designate the job c1as��i��tknD��hT��`��= which the layoffs shall occur and the number of employees within each classification to be laid off. Employees shall be laid off by job classification and, within each classification, by bargaining Unit seniority. However, DV regular , employee dlaU be separated from his/her classification while there are emergency, provisional, probationary, or temporary employees in the classification in which the layoff(s) is occurring. Section 5: Any employee covered hv this Agreement who im affected bve layoff shall have the right to displace any employee with less bargaining unit seniority in any lower rated classification covered bv this Agreement, provided that said employee is immediately qualified to perform the necessary services to be performed iO that lower rated classification. The City manager and/o[ Department Director shall determine |oYvmr rated classifications and whether the affected employee is immediately qualified to perform the necessary services to be perfu[med in that lower rated classification. Such determinations shall be made in the sole discretion of the City Manager and/o[ Department Director' and shall be final and binding. When an employee elects to "bump" into o lower ra ted damaUiCaton, said employee will be paid the [ate of pay of that |Vvve[ rated classification. 21 Employees who have been laid off will have the recall rights specified in .Section 6: this section for a period of time not to exceed twelve M2i nnoO1ha. (A) Employees shall be recalled according to bargaining unit seniority into the classification from which the employee was laid off orinto a lower rated classification covered by this Agreement, provided that the employee is immediately qualified to perform the necessary services to be performed in the employee classification or in the lower rated classification. Determinations as to lower rated classifications and qualifications to perform necessary services shall be made in the same manner as set forth in section 5 (above). All employees who are recalled shall be required to pass a physical examination and a drug test. /E0 Employees on layoff shall be responsible to keep on 5|e with the City Manager's office the employee's current address. !fan employee on layoff fails to keep his/her current address on file as provided herein, the employee shall forfeit all recall rights. Employees entitled to recall shall b8notified ofgvacancy by certified mail not less than seven (7) calendar days prior to the date the employee iato report towork. /\ copy of the recall notice shall be sent to the Union. A recalled employee shall be considered to have voluntarily resigned if he/she feUa to accept ernokzvment within fourteen (14) calendar days after the notification is mailed by the City or fails to report to work as instructed. Thereafter, the r k�l�,mf�hhe�\ormern e^ | ovve~no`�fu�h��|� a��.t��th�~��ee�� Section 7: An employee OO layoff status does. not accrue seniority but does retain his/her accumulated seniority until recall. If recalled, the employee again begins to accrue REPRESENTATION DURING NEGOTIATIONS Section 1: The bargaining team for each party shall consist of not more than four (4) persons. The Union will furnish the City with a written list of its bargaining team prior to the first negotiation meeting. Section 2: Prior tothe first negotiation meeting, the Union shall designate UptV two C8 unit employees who will be paid their regular rate of pay for attending negotiations during work hours. Such pay shall not exceed twenty (20) hours in each fiscal year. M uPr/r/ F- 1�rl EMERGENCIES Section 1: The City Manager shall have the right, in his sole and exclusive discretion, to determine if and to what extent an emergency situation exists with respect to City property and/or to the citizens of the City. {Ounl8detely after making such determination, the City Manager's office shall notify the Union of the decision, and, 10 the extent possible, the length of time the emergency condition is expected to continue. Section 2: During the declared emmrgency, all provisions of this AonaerneOt may be suspended. Any provision su suspended will be reinstated upon o[derof the City Manager after the emergency has ended. Section 3: Disputes concerning the Agreement arising during the declared emergency shall not be subject to the grievance and arbitration procedure except disputes Concerning salary and wages. ARTICLE 36 LABOR-MANAGEMENT COMMITTEE There shall be a Labor-Management Cornrnh±ee consisting of no more than two management representatives designated by the City Manager and.An more than two bargaining the�fPnasident:mf -the iJnion.`�The*`LeboF~K8anagernent Gmrnn��ee~==° shall meet 2S Mutually agreed upon by the participants, but not less than quarterly. The sole function of the Committee shall be to discuss general matters pertaining to employee relations (e.g., safety issues). Thus, the parties agree that the purpose of the Committee shall not be to discuss grievances or matters which have been the subject of collective bargaining. Each bargaining unit Committee member shall be paid his or her regular salary for attendance at Committee meetings during the bargaining Unit member's regular work nOUra. ARTICLE 37 PENSION BENEFITS Section 1. The parties will form a joint Pension Committee to study the current pension plan for bargaining unit employees and to suggest amendments, if any. to the City Commission for consideration regarding changes to said plan. The parties may appoint up to three members each to the Committee; however, one of the City's members shall be the City Manager and one of the Union's members shall be the Staff Representative from AFSCME Florida Council 79, If the parties are not able tn reach agreement oD recommendations tuthe City Commission, both sides of the Committee may issue separate recommendations. The recommendations are not binding on the City Commission. Each bargaining unit Committee member shall be paid his or her regular salary for attendance at Committee meetings during the bargaining unit member's regular work hours, Section 2: The following changes in the pension are as follows: a. Effective October 1, 1995, the benefit accrual rate /nlU|tipUeh shall be increased b. Effective October 1, 1996. the benefit accrual rate hnUUio|iehshall be increased c. Effective October 1, 1997. the benefit accrual rate (multiplier) shall be increased d. Effective 'October 1, 1998, the benefit accrual rate (multiplier) eh@U be increased e. Effective October 1. 1998' the benefit accrual- rate /0UUipUed shall be increased from 2.5to2.75%. Section 3: All bargaining unit employees who are employed in positions covered by the unit on the date of this agreement shall receive the following pension plan improvements: ~The R7multiplier- shall -be -to<�4 25-�I/o effective <0etObeF��`2Q0Qrfon==�~'`~'= all bargaining unit Dlennbere, as part of pension plan irnproVernento, from their pension participation date through September 30, 1998. b. The pension multiplier shall be increased to 2.250 % effective October 1, 2001, for all bargaining unit members as part of pension plan improvements, from their participation date through September 30, 1997. c. The pension rOuU§Dher shall be increased to 2.50 Y6 efh*ctkxe October 1' 3002. for all bargaining unit members ae part of the pension p|ml improvements, from their participation date through September 3O, 1998. d. Per the first year ef this GGlleGtive baFgaming agreement, the pleyee Gentribi:ltiOR te the FetiFeMeRt plaR ;II k- 70/ .—I __ I — Upon commencement of the second year of the collective bargaining agreement and thereafter, should the total contribution be actuarially determined to exceed 14 %, both the City and the employees will share equally the excess amount (*.8., should the total contribution be actuarially determined to be 16%, the City shall contribute a total of 8.00 % and the employee 24 shall contribute a total of 8,00 %. For full text, please see Ordinance 16-08-1951 adopted May 20, 2008 titled Pension Plan. ARTICLE 38 WORK IN HIGHER CLASSIFICATION An employee who is authorized by the Department Head to temporarily assume the duties of a higher pay status classification for three (3) consecutive work days will receive the pay rate of the lowest step of the higher classification or a one (1) step increase (whichever is higher) for all consecutive hours worked in the higher classification after the above-referenced three (3) consecutive work days. 25 ARTICLE 39 TERM OF AGREEMENT AND REOPENING Section 1: This Agreement, having been ratified by the City Commission of the City of South Miami and Local 3294, American Federation of State, County, and Municipal Employees, AFL-CIO, shall be operative and effective as of its date of execution, and shall continue until September 3O'2ODB, Section 2: Either party may reqUire, by written notice to the other, between April 1etand not later than June 1st discussions concerning modifications of this Agreement on non-financial issues, one issue chosen by the Union, and one issue chosen by the City. |f neither party shall submit such written notice during the indicated period, this Agreement shall automatically be renewed, inits entirety, for the following fiscal years thereafter. THIS AGREEMENT signed this /,,2008. AMERICAN FEDERATION OFSTATE, / CITY OFA4MIAMI COUNTY AND MUNICIPAL EMPLOYEES LOCAL 3294 _ B}� �+� ^�� ` '`^' Date: Ajibola W. Balogun, City Manager Approved aStoform: Y -f 0 U\[ Date: � James Crosland, Bryant Miller Olive, P.A. Labor Counsel to the City of South Miami /\RlerkceO Federation of State, County and Municipal Employees. B Date' Doug Baker, AE5_C�ME Represe_ntative 05-08-1940 ORDL'IANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL RULES AND REGULATIONS; AMENDING CHAPTER 16A, SECTIONS 16A-6 THROUGH SECTION 16A-40; PROVIDING FOR PERSONNEL ORDINANCE AND PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. WHEREAS; sections 16A-6 through 16A-9 regarding Personnel Board shall be deleted; and WHEREAS; sections 16A-10 through 16A-40 shall be renumbered to 16A-6 through 16A -36 and all reference to personnel board and their functions shall be deleted in its entirety; and WHEREAS; the new section 16A-6 regarding rules, drafting, public hearing, submission to seuasil City Commission for adoption, force* and effect, amendment procedure shall be revised to delete the "personnel board" and replace with "City Commission>'; and WHEREAS; the new section 16A-23 shall be revised to establish that the regular period of probation will be one (1) year instead of six (6) months for newly hired employees. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Sectio'n 1: Chapter 16A-6 through IGA-9 Personnel Board: See. 16A 6 16-A 9 regai- ag PefseBRel beard Geizapesitien; Epa iaatiea 7 ; ehakinaa-., The a shall be mad&-as-�� Twe Twe Qjae (I) Baambe� to senixe uatil Oetebe� 1, 1970-- A ehakaiaa shall be appeiate4 fer a Oa e�-Tkafiea ef the eri,gi'--1 te---s" si�,eeessei2s ssllall ba appe---ted tE) SeFV6 E)f a ef -P- ,r aBy Y-easea, the ia eea appeiiq ad. I-a the ------BA ef the -.Bseeutive- 2 Ord. No. 05-08-1940 Be dsai&�Pthe-�, The meR=rbei�s ef effieia4 ef the ai pelidaal e b ef eFganiz-ff4taa iieF shaI14 held eF be a i:aeBabeFs ef the b The b see, The beard shaH held aet B A ia aRY giv— qu�-'I:. ehaii-Baaa as may shall See. 16A 9. SaiaB Dudeg-ge�� In addifien te duties set ferth-el-�� M perse ffip-4 pelisy the -devBlepmeFA ef per-seniiel nales, a j eb stratien ia th eity serAse-- (3) Make an5x iR whieh it -Baay eewider deskab' 'a a4Bai:Bistr-�ea iia the eit-f seefviae, aiid naake r-eae nBieB&t�� aeuaeil with Fespeet 4ief ete. Section 2: Chapters 16A-6 through 16A-36 (Various chapter titles): See. 16A-610. Rules; drafting, public hearing, submission to eeuae City Commission for adoption, force, and effect, amendment procedure. The personnel director shall draft, in consultation with the city manager, such Mies as may be necessary to carry out the provisions of this ordinance [chapter]. A public hearing, shall be required prior to the final adoption of-any ordinance by the Cif)T Ord. No. 05-08-1940 Commission that would amend or create new personnel rules. F &�,.'_ e4l IJBg a "^ . "° fi R p,4 iia he See. 16A-711. Job classification plan--Established. The personnel director shall * make an analysis of the duties and responsibilities of all positions in the classified service and he shall recommend to the eeUaeil Qfty Commission a job classification plan. Each position in the classified service shall be assigned to a job class on the basis of the kind and level of its duties and responsibilities, to the end that all positions in the same class shall be sufficiently alike to permit use of a single descriptive title, the same qualification requirements, the same test of competence, and the same pay scale. A job class may contain one position, or more than one position. See. 16A-8V-. Same-Revision. The classification plan shall be revised from time to time as changing conditions require, upon recominandations of the personnel director and with the approval of the e&ua-_A City Commission. Such revisions may consist of the addition, abolishment, consolidation, division or amendment of existing classes. See. 16A-9'1=-'. Pay plan--Preparation and rules for administration. The personnel director under the direction of the city manager and in consultation with the finance director, shall prepare a pay plan and rules for its administration. The rate or range for each class shall . be such as to reflect fairly the differences in duties and responsibilities and shall be related to compensation for comparable positions in other places of public and private employment. See. 16A-10-14. Same -- Submission of plan and rules to c-eue-efl City Commission; adoption after public hearing. The personnel director shall submit the pay plan and the rules for its administration to the aeuRej! City Commission for adoption. The eeuB�a l City Commission, after public hearing, may adopt the plan and the rules, with or without amendment. All amendments shall apply uniformly to all positions within the same class. See. 16A-113-5. Same--Assignment of job class to a pay range provided in plan. After the pay plan and the rules for its administration have been adopted by the eeuReil City Commission, the personnel director shall assign each job class to one of the pay ranges provided in the pay plan. Ill Ord. No, 05-08-1940 ,Sec. 16A -1.216. Sarre - -1 /lethod of amending. The pay plan may be amended from time to time as circumstances require, either through adjustment of rates or by reassignment of job classes to different pay ranges, as by the same procedure, as prescribed III Article 6, sec. 2 [section 16A4410 of this Code-]. See. 16A-12.11-6-41 Position of honorary corporal of police. There is hereby established the position of honorary corporal of police. Such position shall be awarded solely as a longevity benefit to police officers who have completed fifteen (15) years of above average meritorious service with the police department of the city, but who have not attained the rank of honorary corporal. Such position shall not be considered an increase in rank, nor shall officers who are awarded the position have any additional authority within the department. Officers awarded the position of honorary corporal shall be entitled to wear on their police uniform sleeves a patch or emblem consisting of two (2) corporal stripes with the letter I'll" immediately below such stripes, the form of such emblem to be approved by the city manager. Police officers who have served fifteen (IS) years with the police department of the city, who have not attained any rank, may make application by letter to the city manager for award of the position of honorary corporal. The personnel director shall review the personnel record of the applicant, and if deemed advisable, conduct an interview with the applicant. The personnel director shall make a recommendation in writing to the city manager within thirty (30) days from the date the application is filed with the city manager. Upon receipt of written recommendation from the' personnel director, the city manager shall review the recommendation and make such further inquiry as he deems necessary to fully inform himself of the record and qualifications of the applicant to ascertain the extent and quality of the applicant's service to the department. Within thirty (30) days after receipt of the recommendation the city manager shall either approve the application and award the applicant the position of honorary corporal, or disapprove the application. In the event of approval of the application, the applicant shall be entitled to pay as honorary corporal retroactive to the date of filing his application with the city manager. la the event of disapproval of the application the applicant may not file a ftirther application for a period of one year following the date of filing of any disapproved application. Officers awarded the position of honorary corporal shall be entitled to a one- half-step pay increase. 5 Ord- No. 05-08-1940 I See. 16A-131--7. Appointments, promotions, and veterans' preference--Based on competitive examinations; appointing authority. Orio- i al appointments to vacancies occurring after this chapter becomes effe�ctive, shall t1n I I be based on merit as determined by competitive examinations. The city manager shall be the appointing authority. (1) Competitive examinations may be waived by the city manager subject to eeuac4 City Commission approval whenever the applicants for position are less than the number of vacancies plus two (2). , (2) Competitive examinations may be waived by the city manager when the vacancies sought to be filled are for unskilled work. Sec. 16A-14-18. Same--Scope of examinations. Examinations shall be in such form as will fairly test the abilities and aptitudes of candidates for the duties to be performed, and may not include any inquiry into the political or religious affiliations of any candidate. See. 16A-1514. Same--Placement on eligible fist of candidates who qualify. Candidates who qualify for employment shall be placed on an eligible list for the appropriate job class in the rank order of the grades they obtained on the examination. See. 16A-1624. Same--Administration of veterans' preference according to state law. Veterans' .preference shall be administered in accordance with Chapter 295, Sections .06,.07,.08,.010 and .01 I Florida Statutes, 1955. See. 16A-173-4. Same--Vacancies filled by promotion; items constituting promotion designated. Vacancies in positions above, the entrance level shall be filled by promotion whenever in the judgment of the personnel director it is in the best interests of the city to do so, and promotions shall be on a competitive basis except where the personnel director finds that the number of persons qualified for promotion is insufficient to justify competition. Promotions shall give appropriate consideration to the applicants qualifications, record or performance, and seniority. An advancement in rank or grade or an increasd in salary beyond the limits defined in the rules for the administration of the pay plan shall constitute a promotion. See. 16A-1822. Same--Temporary promotions pending availability of eligible list. Pending the availability of an eligible, list determined by the persormeJ director to be appropriate for a class, vacancies may be filled by temporary appointment. Such n. Ord. No.'05-08-1940 appointments shall have a maximum duration of six (6) months and may not continue beyond a one day period after the establishment of an appropriate eligible list_ Sec. 16A-192-. Eligible lists--Designated and described. Eligible lists, m the order of their priority, shall be re-employed lists, promotional eligible lists and original appointment eligible lists. (a) Re-employ7ne7lt lists shall contain the names of permanent employees laid off in good standing for lack of funds or work. (b) Pro7notional eligible lists, and original appoint7nent eligible lists shall be created as provided in Article- 7 [sections 16A41713 through 16A -2218 of this Code]. (c) Probationary employees laid off for lack of work or lack of funds, and probationary employees who resign and whose, resignations are withdrawn within one year, with the approval of the city manager and the personnel director, may have their names restored to the eligible list from which their appointment was originally made. See. 16A-202-4. Same--Appointments to MI vacancies, method of making. When an appointment is to be made to a vacancy, the personnel director shall submit to the city manager the names of persons who successfully qualified to be on the appropriate list and who have indicated willingness to accept appointment When more than one vacancy is to be filled the -number of names submitted shall equal the number of vacancies plus two. Sec. 16A-212-5. Same--Policies and procedures for administering lists. Policies and procedures f6r administering eligible lists shall be provided in the personnel rules, covering the duration, cancellation, replacement, and consolidation of such lists, and the removal or suspension of the names of eligibles there from. See. 16A-22-2-6. Probation— Employees subject to; probationary period, regular, maximum. Employees appointed from original appointment eligible lists or from promotional eligible lists shall be subject to a period of probation. The regular period of probation shall be EiN twelve months, provided that the personnel rules may specify a longer or shorter period of probation for certain designated job classes, or for extension of the probation period in individual cases. No -probationary period may extend beyond 12. months, except for police department personnel whose probation may be extended upon written request of the chief of police and approval by the city manager. See. 16A-232-7. Same--Removal or demotion of probationer. The work and conduct of probationary employees shall be subject to close scrutiny and evaluation, and if found to be below standards satisfactory to the city manager or department head, the city manager may remove or demote the probationer at any time I Ord. no. 05-08-1940 during the probationary period. Such removals or demotion shall not be subject to review or appeal_ See. 16A-242-9. Same -- probationer granted permanent status on recommendation of city manager only. An employee shall be retained beyond the end of the probationary period and granted permanent status only if the city manager affirms that the services of the employee have been found to be satisfactory and recommends that the employee be given permanent status. See. 16A-2522-9. Absences, hours of work. Rules shall be adopted prescribing hours of work and the conditions and length of time for which leaves of absence with pay and leaves of absence without pay may be granted. These shall cover, among others, vacations, sick leaves, and leaves for military service. See. 16A-2630. Training for employees. The personnel director shall 'encourage the improvement of service by providing employees with opportunities for training, which need not be limited to training for specific jobs but may include training for advancement and for general fitness for public service. See. 16A-2734. Separation from, service--Temporary and permanent. The tenure of every employee shall be conditioned on good behavior and the satisfactory performance of duties. Any employee may be temporarily separated by layoff or suspension; or permanently separated by resignation or dismissal. See. 16A-283-2. Same--Lay-offs for lack of work or funds. Whenever there is lack of work or lack of funds requiring reductions in the number of employees in the department or division of the city government, the required reduction cl shall be made in such job class or classes as the department head may designate, provided that employees shall be laid off in the inverse order of their relative length and quality of service, as determined by rules governing the evaluation of service. Within each affected job class, all temporary employees shall be laid off before probationary employees, and -all probationary employees shall be laid off before any permanent employees. See. 16A-293-3. Same--Suspension without pay as disciplinary action. Shall be changed to reflect as follows: When in the judgment of the city manager an employee's work performance or conduct justifies disciplinary action short of dismissal, the employee may be suspended without pay. A sus Ord. I\To-, 05-08-1940 th'e— IF F B: e�:Er fli 'U-S�a- is t- 41 viei4dng dlays, „�1 �evieus Sec. 16A,-303-4. Same--Dismissal or demotion of permanent employees; procedure. (a) A permanent employee may be dismissed or demoted whenever 'in the judgment of the city manager the employee's work or misconduct so warrants. Whea tb a wFittea aetifieafieft eent ef the �::'-ate, ef the aetiea. Th—eaetiee—,ha4 Mill:: i 1,:! 1: e shall be aRavii,le: 1,:' _Pf 4he apti A19- te de a r-epb, with the eitjx hB ig bef-eT-e+i zsviu, 7 i, (b) If the a heafing she-U be (C epen te thaTublir—_ )1,: _1 Bf 11 be ssuHie +7:;R* #he aPAieEk Be b lain�D-El of was takea i-a geed faith uBless pfe�v -_d-ethefwis� (d) ��pe'N'Rs_alerreligieus be r-ei ef Ea all e4he-I eases �vhefeih the beaFEl deas aot sustaia--tha aetien of the 6 -aan be agvisei-y in iaatRFe,,-e44hi-, aetiea ei: me � FB&e amendBfieBs-. See. 16A-3135. Same--Resignation; reinstatement. (a) An employee may resign by filing his reasons with the city manager. (b) An employee resigning in good standing may be reinstated to any position in the same class if there is need for his services within two years after the date of resignation. See. 16A- 3236.18 ecords required of personnel director. The personnel director shall maintain records of his official acts, the examination record of every candidate and the employment record of every employee. See. 16A-333-7.1avestigations, hearings. Dui� iga�dea ei: heaiiRg direeter- *he eity te a#ead a-ad ve vA 16A 31 threu h 16A 35 ef:97��. 0 Ord- Noe 05-08-1940 See. 16A-343-lal. Prohibition as to politics; discrimination on grounds of politics, religion, marital status or sex prohibited. (a) Employees in the classified service shall be selected without regard to political considerations, may not be required to contribute to any political purpose, and may not engage in improper political activity. The rules shall define the scope of improper political activity. (b) There shall be no discrimination against any person seeking employment or employed in the classified service because of any considerations of political or religious affiliation or belief, sex � marital status and/or sexual orientation. See. 16A-3539. Sick leave compensation of employees. (a) For the purposes of this section, sick leave shall include the following categories: (1) Payinents on account of sickness. These payments to an employee shall be limited to payments for the personal sickness or illness of an employee. (2) Pay7nents for reasons other than personal sickness. These payments shall include payments to an employee for death or serious illness in the iminedlatc family or for legal quarantine. (b) Payments on account of sickness and payments for reasons other than personal sickness may be made to all employees under the provisions of Section 10.3, subsection (b) of Chapter XII of the "Personnel Regulations of the City of South Miami." See. 16A-3640. Full-time or probationary employment prohibited. No commission member, autonomous personnel, quasi-judicial personnel or advisory personnel, as those terms are defined by section 8A-1(b) of this Code, shall, for a period of nine months after his or her city service has ceased, be employed by the city as a probationary or full-time employee. This prohibition does not apply to employees who are appointed to serve on boards on behalf of the city. Section 3: See. 16A-2224. Probation--Employees subject to; probationary period, regular, maximum. Employees appointed or newly hixed from original appointment eligible lists or from promotional eligible lists shall be subject to a period of probation. The regular period of probation shall be shE.twelve months, pye�&IBEI th�-the per-seaRel Fales May speeify a laiiger er sheFter er- �z zl;nqi ef the prebafiea per-ied iia iadividual eases-. Ne pErobationary period may extend beyond 12 months, e,�Eeept feF -p upon written request of the ehief ef peli department head and approval by the city manager. 10 Ord. No. 05-08-1940 Section 4: If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a coult of competent jurisdiction, th6 holding shall not affect the validity of the remaining portions of this ordinance. Section 5: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 6: This ordinance shall be codified and included in the Code of Ordinances. Section 7: This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this o' day of 2009. ATTEST: OL Y'CLERK aY —OR First Reading — 1 2/0 8 Second Reading -2 5 / 0 8 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5-0 Mayor Feliu: Yea uss iguertd- Vice Mayor Wiscombe: Yea Nag' op Figueredo, PA Commissioner Birts: Yea Office of the City Attorney Commissioner Palmer: Yea Commissioner Beckman: Yea II South Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 2001 To: The Honorable Mayor and Date: January 22, 2008 Members of the Commission Via: Yvonne S. McKinley, City Manager From: Jeanette Enrizo, Human Resource Manager .Agenda Item No.: Human Resource Subject: Amendment of Personnel Ordinance Chapter 16A Ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL RULES AND REGULATIONS; AMENDING CHAPTER 16A, SECTIONS 16A-6 THROUGH SECTION 16A-40; PROVIDING FOR PERSONNEL ORDINANCE AND PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Reasoa/Need: During the past year, ,several meetings /workshops were held with the City Commission to review Chapter 16A of the City's Code of Ordinances and to review the current Personnel Manual. All sections of the chapter were thoroughly reviewed in detail and all changes recommended were incorporated in the referenced ordinances. Collective bargaining agreements were taken into consideration during the review to ensure consistency with agreements. The proposed changes to this section of the Code includes recommendations to delete/eliminate personnel board and their functions. Additionally, newly hired employees probationary period was changed from six (6) months to one (1) year. Following the adoption of this ordinance, the revised Personnel Manual will be presented to the Ciiy Commission for consideration. Cost:. Funding Source: Backup Documentation: M1110 N/A Proposed Ordinance MIAMI DAILY BUSINESS REVIE W Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the V.P. OF LEGAL ADVERTISING, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMi PUBLIC HEARING - FEBRUARY 5, 2068 in the XXXX Court, was published 'in said newspaper in the issues of 01/2512008 Af iant further says that the said Miarni Daily Business Review is a newspaper published at Miami in said Miami-,Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that he or she has neither paid nor promised any person, firm or mi- paration any discount, rebate, commission or refund for the purpose of securing this verftse for p blication in the said newspaper. /-?,� Sworn to and subscribed before me this 25 day. of JANUARY , A.D. 2008 (SEAL) Q.V. FERBEYRE personally known to me $' Choryl H Marmer My Commission DD338559 a y_ y Expires July 18, 2008 NOTICE NOTICE IS HEREBY given ihat•the City CorrnTiiss on'.of the City;pf South t Miami;',F.[drida .'will . conduct. Public Hearings_., of : is -.regular city; Commission...metAng _ scheduled•:for „.Tuesday, •.,i ebruary., 5,,, 20DB beginning'at 7;30 p.m. in file City Commission Cf aihbars 6130''Sunsat'. brive,:ta conside�ih=fotlowfng items.: -` _AN 6RDiit1ANCt;- OF;THE MAYOf�.MD ;CITy;COM1�15Si[�N OF.`i HE CI tY OF.SOUTt I.MlAtdit ;;, FLORIDA; )3ELAI tNG: i b PERSONNEL• -"• ULES : AND REG,t1LATIONS;” `AMEIVDIhIG ' C[ 4PT. ER' 16, ,�`13ECTIONS' 16A -6 .THROUC�.�-[, SECTION 16 ,_4b; PROVIDING FOR PERSONNEL'ORDINAIVCE, . D PROVIDING. ,FOR'; ;SEVERABILITY;' . ORDINANCES .'1 CONFLICT AND AN EFFECTIVE DATE. R RESOLUTIO1j._QF_ -THE FhIA, OQ`B` Q,C(TY,.CCiflJIN11S5(QN, OF THE CITY OF, SOUTH MIP;tv3[, RELAT[[tG IO'A LQUESI • PURPCyNg_, TO__ SECTION 20- 8.4(B)(4)(b) OF THE, LAt�ID' Df IVELOPt iENi CODE F013 SF EC[AL° USE, P,i'PROVA— LOCATE --A GENERAL %RESTAURANT AS PART, OF_THE. ' SOUTH MIMAI M.UNiCIPAL PARKING FACILITY A :PRIVATE:.;,.; PUBLIC DEVELOPMENT: LOCATED. AT. 5829; �'SW `=73rd ;STREET: ArITHIN THE , "SR .([-[D, -OV)" SPECIALTY RETAIL-. ;,.(HOMETOWN DISTRiCT_O.VERLAY)- ZGh11NG, t3ISTRiCT'_Oi!' ' '.' PF[Of'EIRTi`:L7 =DALLY DESGF{fBED,AS LOTS`35;`3$,`�7, �B; ;: -.� 49, 50, W. A. LARKINS SUBD[VIsiON A6660114PO`THE' PLAT THEREOF RECORDED,IN PLAT BOOK 3. AT PAGE 198 , :- OE --ff [?bSCIC RECORDS OF MIAiNI- DA.D'E COUNTY, .AND, - 1 PROVtDttlG A14 EFFECTIVE D,ATE:` 'if you haye'any inquiries on *tf i6'eibove items please contact the;P.lanning . i Departnnehi 'salficeai:BQ5- 6SS- 632fi ALL interested parties are invited to attend. nd wilf be heard: I ' ' ' • ' - :'tirtaria M: Nlenesidez,'CMC' 1 CityGlark' ! -_ I' Pursuant to Florida Statutes 286.0105, ;the 'City hereby advis_ es the 'public` That if -a person decides to appeal 'any' debisian ;made by, fhis Board,`Agency or Comrhissiori`vaith• respect to arty 'mdtter`corisidered at its meeting or'hearing,: eor she will need a tecord bf'the proceedings, ' and that for such purposs;.affectad person 'may Head to'ep6ure that a verbatim 'procee' dings is made which - record includes fhb ? `tesfimbtiy and evidence upon which the appeal is to be based. `1/25 08- 3- 501954654M cv Z: < C. U1 fl LU ti zx Q) -V C U T L 0 R ESY NOTIC E CITY 05-190B THMIA AML� T. on Tuesday, February 5, 2008, .beginning Jeginning* at 7:-3b pp., in the. City I Gommissitinchaffibers, 6130 Sunset Drive, the -City Co !V�#i4sjpgjvill hold pub fir.HBPODYS td consider the folloWng items:. _ =_ j! AN DRDINANCE RELATING'-jd PERSONNEL; D REGUTIONS AMENDING CHAPTER. N 6 THROUGH -SECTION' 16A-.�4o; - pROVII) , M PERSONNEL ORDINANCE.: INO FOR A RESOLUTION RELATING TOR REQUEST PURSUANT , jO SECTION 20-3.4(B)(4)(b)'hFTHE LANDJ DEVELDPIWENT CODE FOR-: SPECIAL" USE APPROVAL TO LOGATE-K GENERAL�RES.TAU ' OF THE SO. BANLAS -,-PART D_ UTHMIAMIM NICIPAL PARK) �MCII ffy-X`.RR1'9ATE-. PUBLIC: E 'OP ENT _OGATEDAT .6k9 ft`Ord -STAEET WiTHIN'TH E -.-."SR (HD-(Vy -S'PiECIALry.',RETAIL:,lHOMET6,WN I IG,DIITRIGT If y'du haul inquiries o ft the above items Please con - the P16h Depa 663-*32 6 nina .. ALL es are inMed to. attend and grill bd_h9i 'rd Men,endez, GMG it Pursuant to Florida Sta�rrles2BB.B1U5, the City vises the pubr,6 twits person decides -ju-ap" decision made by this Hoard, Agency x Gofflfflis�sion with respect to any "it" s6, -d - . piaiany d-at its m N hearing, he orshe wiij need a record of the proceedings, and That for such `purpos`etfepteHper ` sop.may need to ensure that a verbal" record of the iluMeeainje is made which upon Which fheapii0l into be*jasad: M SIMON- ME I ME M a: