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Res. No. 059-90-9085RESOLUTION NO.59-90-9085 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO IMPLEMENT IN PART,THE SPECIAL MASTER'S RECOMMENDATIONS REGARDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION,INC. WHEREAS,the City of South Miami hasan existing labor agreementwiththeDadeCountyPoliceBenevolentAssociation,Inc.; and WHEREAS,a Special Master has made recommendations regarding this agreement duetothedeclaredimpassebetweenthe partiesandtheCityManager recommends adoptingin part,the Special Master's report. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.TheCityManageris hereby authorized to implementtherecommendationsoftheSpecialMastercontainedin the report dated January 24th,1990and attached hereto as Exhibit "1"astoissues 1-3.TheCityManagerisfurther authorized to implement issue four (educational incentive)as recommended by the City Manager inhis letter dated February 23,1990 and attached hereto as Exhibit "2". PASSED AND ADOPTED this l7th day of Apri 1 ^1990. APPROVED: ?Y CLERK READ AND APPROVED AS TO FORM /fount. CITY ATTORNEY DCPBA.RES QLVC^. to; f Lily of Soulh Miami INTER-OFFICE MEMORANDUM Mayor and Commissioners DATE: February 23,1990 n illiaw//Hampton subject:Impasse Resolution Procedures Case No. SM-90-046 -Police Union Pursuant to Chapter 447.403,Florida Statutes,I am submitting my recommendations for resolving the disputed impasse items in the above-referenced matter. Un February 14,1990,our labor counsel,Jim Crosland,briefly explained the procedures involved.However,both Mr.Crosland and I feel that it will be useful if we again review these procedures and outline your responsibilities at the public hearing which will occur in the near future. In fiscal year 1988-1989,the City and the PBA reached a two year collective bargaining agreement,covering both fiscal years 19 88— 1989 and 1989-1990.In the negotiations,however,the parties agreed toa "reopener"provision concerning certain items,i.e., compensation,holidays and educational reimbursement.All other items through 1989-1990 (September 30,1990)were agreed upon. In the summer of 1989,the City and the PBA met in negotiations concerning the above three reopener items. The parties were unable to reach agreement,and the impasse procedure was triggered.The Special Master conducted a hearing on December 15,1989 and issued his Report and Recommendations on January 24,1990.The Report was received by the City on January 2b,1990.The parties had twenty days to accept or reject,in whole or in apart,the Report and Recommendations.The City accepted the Special Master's Recommendations regarding compensation,field training officer (FTO)specialty pay (part of the compensation issue)and holidays.The City accepted the concept of an educational reimbursement program,but rejected some aspects of the recommendation insofar as it incorporated certain portions of the PBA's proposed language,which will be explained below.The PBA rejected all of the Special Master's recommendations,with the exception of the educational reimbursement issue.I will now address each issue separately and submit my recommendations for resolving them. V '*! v *' i -'.''.'• ; • - !- 1.Compensation The bargaining unit received a 5%across-the-board increase effective April 1,1989,plus another 2.3%effective October 1, 1989.These across-the-board increases were in addition to merit increases received byan overwhelming majority ofthe bargaining unit employees during fiscal year 1988-1989.Moreover,most bargaining unit employees will continue to receive merit increases in fiscal year 1989-1990,andsomehave already done so. The City's position before the Special Master wasthatno further increases were necessary for 1989-1990.The PBA asked for an additional five percent (5%)retroactive to October 1,1989. The Special Master ruled in favor oftheCity,rejecting any additional raises forthe bargaining unit employees.Itismy recommendation that we follow the Special Master's recommendation thatno further across-the-board increases be granted for1989- 1990.Briefly outlined beloware ray reasons forsuch recommendation • the City isvery competitive inthe local operating area, ally when population andtax assessment roll figures are ered.The City is also thetop paying jurisdiction inthe inour population range.Moreover,the City presented a gh analysis ofthe budget tothe Special Master.There areno funds available to fund any further increases for year 1989-1990,unless theCity Commission is willing to the contingency fund.This,of course,would be fiscally ent.Bythe same token,the City cannot use its cash overfundstopayforsalaries,which would be sheer folly. First, especi consid state thorou simply fiscal invade imprud carry- 2.Field Training Officer Pay ThePBA wishes to City to implement Field Training Officer (FTO)pay in the amount of $20.00 perpay period.The City opposed making these payments.The Special Master ruled inthe City'sfavor,recommending thatnosuch payments bemade. FTO payments are not standard practice inthelocaloperating area.The overwhelming majority of local jurisdictions donot make such payments.Moreover,the City already makes specialty paymentsinanumberofotherareas.Thus,theCitypaysa premiumtothosepolice department employees assigned as detectives andalso pays $20.00 per pay period for hazard duty paytoall bargaining unitemployees.Also,thesimplefactis that theCityhasnotbudgetedforsuchFTOpayments.Thereare noavailablefundsforsuch payments inthecurrent budget. Accordingly,my recommendation is thatthe Commission notgrant FTO pay. 3•Holidays TheUnionaskedfortwo additional holidays.These holidays would be one designated holiday (Sylva Martin Day)andan *-*v i'V additional floating holiday.The City offered no additional holidays.TheSpecial Master ruled In theCity'sfavorand recommended that no additional holidays be granted.My recommendation tothe Commission is that the current number of holidays (10 1/2)remain the same and that no additional holidays be granted.My reasons are as follows: TheCity is already competitivein this area.As noted above, South Miami grants 10 1/2 holidays.A few jurisdictions grant a few more holidays more but most are in the same range City. as the There is another reason formy recommendation tothe Commission. As you know,holidays are paid time off for not working,just as arevacationdays.Whenareview of theCity'sholidaysand vacation days combined ismadeas compared tothe combined holidays and vacation days at other cities in the local operating area,theCity remains morethan competitive. Of course,costs are once again a major factor here.The City demonstrated to the special Master that two additional holidays asdemandedbythePBAwouldcostanadditional$15,270.00. 4 •Educational Assistance The Union has demanded implementation ofan educational assistanceprogram.TheCity has notproposedimplementation of a program as outlined bythePBA.The Special Master did recommendadoption of thePBA proposal.WhileIdo not oppose the concept of educational reimbursement,the City must be very carefulin implementing suchaprogram. My principle objection to the PBA's language is that the language proposed by the PBA could be interpreted as not leaving clear discretion in the hands of the City,as to the approval or disapproval of courses.The City must have clear and unequivocal control over any such program,lest such a program simply become a free ride toward undergraduate or graduate degrees foremployees,without any benefit to the City.Also if such a program were approved bythe Commission,disparate course costs mustbe considered.Forexample,thecredithourcostofcourses attheUniversityofMiamiismuchhigherthanatthevarious local publicly-funded colleges and universities.A cap of some kind must be formulated (which I will propose this to the commission ata later date).Also,Iamnotin favor ofaflat 100%reimbursement regardless of course grade.I would recommend a50%reimbursementforagrade of "C"orbetterfor undergraduate courses and a "B"or better for graduate courses, and a two-year commitment to remain with the City by the employee involved and if the employee leaves before the two year commitment the City shall be reimbursed. % to: Mayor and from:-•rillfanj^'.«3mpton City Manager he.*. City of South Miami INTER-OFFICE MEMORANDUM DATE: January 29,1990 subject:Police Union-Special Master Recommendations We have received the attached Special Master recommendations regarding our impasse with the Police Union. The following four issues were considered by the Special Master 1.Wages 2.Field training officer pay 3.Additional Holidays 4.Education reimbursement I.Special Master recommendation wages -zero City Manager's recommendation -accept Special Master's recommendation II.Special Master recommendation Field training officer pay - zero City Manager's recommendation -accept Special Master's recommendation III.Special Master recommendation Holiday -zero City Manager's recommendation -accept Special Master's recommendation IV.Special Master recommendation education reimbursement - Special Master recommends employees request. City Manager recommends acceptance of Special Master's recommendation. We need to meet in executive session to determine the City's position.Mr.Crosland has informed me that we have Twenty days to respond to the State. /* BEFORE THE FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION SPECIAL MASTER PROCEEDING IN THE MATTER OF DADE COUNTY POLICE BENOVELENT ASSOCIATION -AND- CITY OF SOUTH MIAMI CASE NO.SN-90-046 BEFORE:MARSHALL J.SBIDMAN,SPECIAL XASTER APPEARANCES: FOR THE ASSOCIATION:KATHRYN ESTEVEZ,ESQ. FOR THE CITY:JAMES CROSLAND,ESQ. REPORT AND RBCOMMENDATTniTS On September 21,1989 the Dade County Police Benevolent Association (Association)declared impasse in its Collective Bargaining negotiations with the City of South Miami (City).^On October 27,1989 the parties agreed to the selection ofa Special Master.On October 31,1989 the Chairman ofthe Public Employees Relations Commission appointed the writer asSpecial Master.The parties mutually requested to the have the Fact Finding Hearing on December 15,1989.Atits conclusion theparties autually agreed tosubmit post-hearing briefs postmarked January 16.1990.Subse quently the parties mutually agreed,with the consent ofthe Special Master,toextendthe time for filing briefs to January -1- 19,1990.Such briefs were timely filed bythe parties and received bythe Special MasteronJanuary 20,1990 atwhichtime the hearing was declared closed. Asofthe date of the hearing four Issues remained unresolved betweenthe parties.They willbediscussedherein seriatim.The first issue concerned compensation for police officers.TheUnion requested a five percentacross-the-board Increase retroactive to October 1,1989 for all police officers, including sergeants.TheUnionrequestedan additional five percent steptobe added thethe sergeants'six-step pay plan, with the elimination of the first step. The City pointed out that all officers inthe Bargaining Unitreceivedafive percent across-the-board increase effective April 1,1989plusa2.3 percent increase effective October 1, 1989.These across-the-board increases were in addition to merit pay increases received by most members ofthe Bargaining Unit. Accordingly itwasthe City's position thatnofurther across-the- board increase was merited. In seeking its Increase in compensation the Association noted thatthe City has the eighth largest Police Department of the twenty-seven in Dade County.The City Is ranked tenth by population.Currently City Police Officers are ranked sixteenth of the twenty-seven Police Departments atthe minimum step and twenth-flrst at the maximum step.If the five percent cost-of- -2- living increase were to be granted,Police Officers at the maximum step would remain ranked twenty-one out of the twenty-seven departments and at the minimum step would be ranked twelfth. VI th respect to sergeants the Association noted that the City le ranked twenty-second out of twenty-seven Dade County Police Departments at the minimum step and nineteenth out of twenty-seven at the maximum step.The City could fund the Increases sought by the Association byby utilizing the interest earned from its Revolving TrustFundinthe sums of SI,122,000 or by utilizing the $75,000 which the City has in its contingency fund. The City responded thatthe City's current salary range is competitive with other cities in the local operating area.With respect to minimum pay for Police Officer the City is thirteenth among the twenty-seven cities in Dade County.Thus itisin the top halfofthevarious jurisdictions inthe local operating area. Whensuch factors aspopulationandtaxassessmentsaretakeninto consideration,theCityis even more competitive.Itisunfairto comparetheCitywith jurisdictions havingmuchlarger populations and totally disproportionate tax bases. Consideringthe maximum payrateforPolice Officers the City rankstwenty-firstoutof twenty-seven citiesinthelocal operating area.However when population,bargainingunitsizeand tax assessment role figures are considered they reveal a much more -3- competitive position in this regard with Jurisdictions having similar factors asthe City.The same is true whenonecompares the minimum and maximum pay rate forsergeantswith the greatest similarities to the City. If you'go outside the local operating area and consider other cities throughout Florida In the same population range as the City its minimum pay rate for Police Officers is Number One among thirty-three other cities of the same size and Number Four inthe State with regard to maximum pay for Police Officers.On thesamebasistheCityranksNumberFourwithregardto minimum pay for sergeants and Number Four with regard to maximum pay for sergeants. FvirTfc^V,oneofthestatutoryfactorswhich must begiven weight by the Special Master is the "availability of funds"which requires that the Special Master consider a public employer's prior allocation and prioritization of revenues.In this connectiontheCitycannotutilizeits SI,122,000 Revolving Trust Fund for any purpose other thanthe construction ofanew Public Works Facility andtherepairofthePolice Department building to which itisdedicated.These large items in itscapitalbudget cannot be utilized for other purposes inits operating budget Neither can the interest earned until the expenditures are made. Finally,the contingency fund of S75.000 is approximately onepercentoftheCity'sapprovedoperatingbudgetof S7,132,112. -4- Sound fiscalpracticerequires that such contingency iund be substantially more,butpolitical constraints makethisarock bottom minimal amount to cover potential additional operating expenses that may arise asa result of unforeseen weather conditions or civil disturbances resulting in substantial overtime pay as well as potential damage to City-owned property and capital equipment.The-Association was unableto point toanyother sources of funds outof which its demands could benet and'-%he sourcesrelieduponbytheAssociationarenot available tothe Cityfor operatingexpensesofthe Police Department. The Association was unable to demonstrate by turnover figures thattheexistingforceofPoliceOfficerswas dissatisfied with their compensation.Neither could the Association demonstrate that recruiting was failing because the entry salaries for Police Officers were inadequateas compared to others in the same local operating area.While some Jurisdictions in the local operating area paid more,on astrictnumerical basis the City wasinthe upper one-half ofthe twenty-seven jurisdictions in the local operating area.When the City was compared to others inthelocal operating areamostlikeitin terms of size of department,population and tax base it looked even better. I did not give weight to the City's figures for other jurisdictions in Florida outside of the local operating area because for reasons primarily of geography they could not fairly -5- be regarded as competitive with the City for the recruitment and retention of police officers.Accordingly the Union*s arguments for an across-the-board Increase offive percent inPolice Officers compensation mustbe rejected.I recommend that the amountof compensation presently paid be continued. The second issue Involves Field Training Officers'<FTO> specialty pay.The Association requested a five percent step Increase for each bi-weekly pay period in which active training of forty hours or more is performed by a Police Officer assigned Field Training duties.The Association contended that seven of the other Jurisdictions in Dade County have specialty pay for FTOs.By providing it the City would encourage its officers to get such certification and rookies would gain in professionalism. The City contended such FTO specialty payments are not the norminthe local operating area.Onlyseven cf the twenty-seven jurisdictions have suchpaythus it is not the norm.Further, officers who are assigned rookies for orientation and training do soasa normal part of their assignment.It is simply part of their job.Noadditionalcompensationshould be required for them to perform it.Finally,for reasons already advanced with respect to the payment of additional wages,the City has no funds available to make such additional payment. In these matters the Union has the burden of proof and persuasionwithrespecttoits demands.Here i"isclearthatin -6- the local operating areaof Dade County onlyabout one-third of thejurisdictionshaveFTOspecialty pay.Two-thirds do not. Thus it is not the norm.The Association has failed to make out an adequate caseforsuch payment.It wasunableto demonstratae any special factors peculiar to the City to Justify the demand.I recommend that the the Association's request for payment of FTO specialty pay be-denied. The third issue concerns holiday pay.The Union requests one additional floatingholidayandoneadditionalfixed holiday tobedesignatedas Sylv a Martin day.The Association argues thattheCityhas10.5paid holidays,oneofwhichisa floating holiday.TheaverageofallDade County PoliceDepartments is twelve holidays per year.OfDade County Jurisdictions fifteen have morethanelevenholidays,five have eleven holidays,two had less than 10.5 holidays. TheCityrespondsthatthepresentnumberofholidaysis sufficient.It argues thattwo Jurisdictions inthelocal operatingareagrantfourteen holidays,eightgrant thirteen holidays,five grant twelve holidays,six grant eleven holidays and fourgranttenholidays.Attenandahalf holidays theCity is inthe mainstream.Four cities grant less holidays and seven other cities grant about the same number of holidays.The City is competitive. -7- Further,If in addition to holidays youcount vacation days theCitygrantstwelvevacationdays immediately.Beginningwith thesixthyearPolice Officers receivefifteenvacation days. BeginningwiththeOfficer'sfourteenthyeartheyreceiveeighteen vacationdaysandfromtwentyyearofserviceonwardtheyreceive twenty-one vacation days.This is more generous than most-ofthe otherJurisdictionsin Dade County.When vacationandholidays are lumped together the Cityis above the median In the payment of such benefits. Finally,sincethisisacost item,theAssociationhasnot demonstrated anyplaceinthebudgetwherethe City could paysuch additional costs ifthe Association's request were granted. Here again,withrespecttoboththewagesand fringes,the Association was unable to demonstrate,as compared to other Jurisdictions in the local operating area thatthe entire compensation package of Police Officers employed bythe City was sufficiently outof line tomake recruitment harder or retention more difficult.Normally holiday and vacation benefits are considered together.Each provides days off with pay without the rendition of services.They are a similar cost item.When both are considered together the City is competitive with others inthe local operating area.Accordingly its rejection of the demand for two additional holidays was justified.The Association could demonstrate no special need for such additional holidays.I -8- recommend that the present provisions with respect to holiday pay be retained. Thefourthissue was theAssociation'srequestforan educational incentive providing reimbursement to Police Officers for tuition payment at the college level for courses relevant to the improvement oftheir professional skillsuptotwelvehundred dollars per fiscal yearbasedupon length of service withtheCity providedthatthe officers must relmbuse the City forthe educational incentive payment iftheyleavethe employment of the City withinoneyearofthe completion oftheircourse. BeingaPolice Officer isengaginginaprofession.The requirements for Police Officers require education beyond the secondaryschool level.Togainsuch professional skills It is necessary that Police Officers takecollegelevelcourses.These are expensive.Presently officers must attend college on their own time and payfor these courses outof their own pockets. Abouthalfofthepolicedepartmentswithin Dade County provide educational reimbursement to their Police Officers.While the City theoretically hasan educational reimbursement policyfor all employees,It hasnever budgeted forsuch purpose norhasany Police Officer ever been granted such educational reimbursement. The City denied that such an educational reimbursement policy was required.The City contended that It is not necessary that its officers possess a college degree or education at the -9- college level.In any event such a program would never be agreed to by the City unless it had exclusive and discretionary control as to the courses undertaken and the institutions giving such courses. Thirteen of the jurisdictions in Dade County have educational assistance plans.Six havenocap.The others have either a yearly amount or a course amount.The City itself in its Employee Handbook given out to all City employees,including Police Officers,states with regard to educational funds: "A limited amount of money is available for course work and training for employees.The course mustbe directly related to your position and must not be used to meet minimum requirements forthe position youhold.All requests are subject to the approval of the City Manager." Thus the City itself finds merit in continuing education for its employees so long as itis directly related to their positions and is beyond the minimum requirements of the position they hold. At least half of the jurisdictions in Dade County provide similar educational assistance plans.Education beyond the secondary levelwhilenot required for certification asaPoliceOfficer certainly expands his professional skills.By doing so it confers a benefit on the department he serves. -10- The Association's proposalforeducational assistance states:"Every application for educational assistance shall be subject to the approval of the Chief of Police and the City Manager;..."allcourses relevant topoliceworkor applicable to arelevantdegree will be approved;...that reimbursement.... shall be made,provided,the course has been successfully completed;and .Officers utilizing educational assistance must' remain with the City for a period ofat least one year following completion of the reimbursed course." It seems to me thattheUnion has proposed aplanthat shouldbe implemented by the City.It gives control ofthe plan to the City.ItscosttotheCityislikelytobe moderate.To the presentdateonly a single officer has indicated aninterest in taking advantage oftheplan,. The City itself has shown the value of such aplantotheCityintheEmployeeManualalthoughithas broken its promise to all employees to provide such a plan by not funding iT* Because the costsare likely tobe moderate and the City has controlofapprovalofanysuchsubmissionitcan control the rv\ The f4i|ure of the Association specifically to earmark the sourceofsuch funds isnot fatal.The total budget ofthe Police Department is sufficiently large to allow such payments by appropriatebudgetarycontrolorthroughuseof windfall sumsas theymaybe found.I therefore recommend that the Union's -11- proposal for educational reimbursement be accepted by the City substantially in the language proposed by the Association. M c^s.1«c(1Cn\ooi i cwau Marshall J.Seldman, Special Master Dated at Fort Myers,Florida this 24th day of January,1990 -12-